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| 1 | AN ACT to revise the law by combining multiple enactments | ||||||||||||||||||||||||
| 2 | and making technical corrections.
| ||||||||||||||||||||||||
| 3 | Be it enacted by the People of the State of Illinois,
| ||||||||||||||||||||||||
| 4 | represented in the General Assembly:
| ||||||||||||||||||||||||
| 5 | Section 1. Nature of this Act. | ||||||||||||||||||||||||
| 6 | (a) This Act may be cited as the First 2016 General
| ||||||||||||||||||||||||
| 7 | Revisory Act. | ||||||||||||||||||||||||
| 8 | (b) This Act is not intended to make any substantive change | ||||||||||||||||||||||||
| 9 | in the law. It reconciles conflicts that have arisen from | ||||||||||||||||||||||||
| 10 | multiple amendments and enactments and makes technical | ||||||||||||||||||||||||
| 11 | corrections and revisions in the law. | ||||||||||||||||||||||||
| 12 | This Act revises and, where appropriate, renumbers certain | ||||||||||||||||||||||||
| 13 | Sections that have been added or amended by more than one | ||||||||||||||||||||||||
| 14 | Public Act. In certain cases in which a repealed Act or Section | ||||||||||||||||||||||||
| 15 | has been replaced with a successor law, this Act may | ||||||||||||||||||||||||
| 16 | incorporate amendments to the repealed Act or Section into the | ||||||||||||||||||||||||
| 17 | successor law. This Act also corrects errors, revises | ||||||||||||||||||||||||
| 18 | cross-references, and deletes obsolete text. | ||||||||||||||||||||||||
| 19 | (c) In this Act, the reference at the end of each amended | ||||||||||||||||||||||||
| 20 | Section indicates the sources in the Session Laws of Illinois | ||||||||||||||||||||||||
| 21 | that were used in the preparation of the text of that Section. | ||||||||||||||||||||||||
| 22 | The text of the Section included in this Act is intended to | ||||||||||||||||||||||||
| 23 | include the different versions of the Section found in the | ||||||||||||||||||||||||
| 24 | Public Acts included in the list of sources, but may not | ||||||||||||||||||||||||
| |||||||
| |||||||
| 1 | include other versions of the Section to be found in Public | ||||||
| 2 | Acts not included in the list of sources. The list of sources | ||||||
| 3 | is not a part of the text of the Section. | ||||||
| 4 | (d) Public Acts 98-1174 through 99-492 were considered in | ||||||
| 5 | the preparation of the combining revisories included in this | ||||||
| 6 | Act. Many of those combining revisories contain no striking or | ||||||
| 7 | underscoring because no additional changes are being made in | ||||||
| 8 | the material that is being combined.
| ||||||
| 9 | Section 5. The Regulatory Sunset Act is amended by changing | ||||||
| 10 | Section 4.36 as follows:
| ||||||
| 11 | (5 ILCS 80/4.36) | ||||||
| 12 | Sec. 4.36. Acts Act repealed on January 1, 2026. The | ||||||
| 13 | following Acts are Act is repealed on January 1, 2026: | ||||||
| 14 | The Barber, Cosmetology, Esthetics, Hair Braiding, and | ||||||
| 15 | Nail Technology Act of 1985. | ||||||
| 16 | The Collection Agency Act. | ||||||
| 17 | The Hearing Instrument Consumer Protection Act. | ||||||
| 18 | The Illinois Athletic Trainers Practice Act. | ||||||
| 19 | The Illinois Dental Practice Act. | ||||||
| 20 | The Illinois Roofing Industry Licensing Act.
| ||||||
| 21 | The Illinois Physical Therapy Act. | ||||||
| 22 | The Professional Geologist Licensing Act. | ||||||
| 23 | The Respiratory Care Practice Act. | ||||||
| 24 | (Source: P.A. 99-26, eff. 7-10-15; 99-204, eff. 7-30-15; | ||||||
| |||||||
| |||||||
| 1 | 99-227, eff. 8-3-15; 99-229, eff. 8-3-15; 99-230, eff. 8-3-15; | ||||||
| 2 | 99-427, eff. 8-21-15; 99-469, eff. 8-26-15; 99-492, eff. | ||||||
| 3 | 12-31-15; revised 12-29-15.)
| ||||||
| 4 | (5 ILCS 80/4.26 rep.) | ||||||
| 5 | Section 7. The Regulatory Sunset Act is amended by | ||||||
| 6 | repealing Section 4.26.
| ||||||
| 7 | Section 10. The Illinois Administrative Procedure Act is | ||||||
| 8 | amended by changing Section 5-45 as follows:
| ||||||
| 9 | (5 ILCS 100/5-45) (from Ch. 127, par. 1005-45) | ||||||
| 10 | Sec. 5-45. Emergency rulemaking. | ||||||
| 11 | (a) "Emergency" means the existence of any situation that | ||||||
| 12 | any agency
finds reasonably constitutes a threat to the public | ||||||
| 13 | interest, safety, or
welfare. | ||||||
| 14 | (b) If any agency finds that an
emergency exists that | ||||||
| 15 | requires adoption of a rule upon fewer days than
is required by | ||||||
| 16 | Section 5-40 and states in writing its reasons for that
| ||||||
| 17 | finding, the agency may adopt an emergency rule without prior | ||||||
| 18 | notice or
hearing upon filing a notice of emergency rulemaking | ||||||
| 19 | with the Secretary of
State under Section 5-70. The notice | ||||||
| 20 | shall include the text of the
emergency rule and shall be | ||||||
| 21 | published in the Illinois Register. Consent
orders or other | ||||||
| 22 | court orders adopting settlements negotiated by an agency
may | ||||||
| 23 | be adopted under this Section. Subject to applicable | ||||||
| |||||||
| |||||||
| 1 | constitutional or
statutory provisions, an emergency rule | ||||||
| 2 | becomes effective immediately upon
filing under Section 5-65 or | ||||||
| 3 | at a stated date less than 10 days
thereafter. The agency's | ||||||
| 4 | finding and a statement of the specific reasons
for the finding | ||||||
| 5 | shall be filed with the rule. The agency shall take
reasonable | ||||||
| 6 | and appropriate measures to make emergency rules known to the
| ||||||
| 7 | persons who may be affected by them. | ||||||
| 8 | (c) An emergency rule may be effective for a period of not | ||||||
| 9 | longer than
150 days, but the agency's authority to adopt an | ||||||
| 10 | identical rule under Section
5-40 is not precluded. No | ||||||
| 11 | emergency rule may be adopted more
than once in any 24 month | ||||||
| 12 | period, except that this limitation on the number
of emergency | ||||||
| 13 | rules that may be adopted in a 24 month period does not apply
| ||||||
| 14 | to (i) emergency rules that make additions to and deletions | ||||||
| 15 | from the Drug
Manual under Section 5-5.16 of the Illinois | ||||||
| 16 | Public Aid Code or the
generic drug formulary under Section | ||||||
| 17 | 3.14 of the Illinois Food, Drug
and Cosmetic Act, (ii) | ||||||
| 18 | emergency rules adopted by the Pollution Control
Board before | ||||||
| 19 | July 1, 1997 to implement portions of the Livestock Management
| ||||||
| 20 | Facilities Act, (iii) emergency rules adopted by the Illinois | ||||||
| 21 | Department of Public Health under subsections (a) through (i) | ||||||
| 22 | of Section 2 of the Department of Public Health Act when | ||||||
| 23 | necessary to protect the public's health, (iv) emergency rules | ||||||
| 24 | adopted pursuant to subsection (n) of this Section, (v) | ||||||
| 25 | emergency rules adopted pursuant to subsection (o) of this | ||||||
| 26 | Section, or (vi) emergency rules adopted pursuant to subsection | ||||||
| |||||||
| |||||||
| 1 | (c-5) of this Section. Two or more emergency rules having | ||||||
| 2 | substantially the same
purpose and effect shall be deemed to be | ||||||
| 3 | a single rule for purposes of this
Section. | ||||||
| 4 | (c-5) To facilitate the maintenance of the program of group | ||||||
| 5 | health benefits provided to annuitants, survivors, and retired | ||||||
| 6 | employees under the State Employees Group Insurance Act of | ||||||
| 7 | 1971, rules to alter the contributions to be paid by the State, | ||||||
| 8 | annuitants, survivors, retired employees, or any combination | ||||||
| 9 | of those entities, for that program of group health benefits, | ||||||
| 10 | shall be adopted as emergency rules. The adoption of those | ||||||
| 11 | rules shall be considered an emergency and necessary for the | ||||||
| 12 | public interest, safety, and welfare. | ||||||
| 13 | (d) In order to provide for the expeditious and timely | ||||||
| 14 | implementation
of the State's fiscal year 1999 budget, | ||||||
| 15 | emergency rules to implement any
provision of Public Act 90-587 | ||||||
| 16 | or 90-588
or any other budget initiative for fiscal year 1999 | ||||||
| 17 | may be adopted in
accordance with this Section by the agency | ||||||
| 18 | charged with administering that
provision or initiative, | ||||||
| 19 | except that the 24-month limitation on the adoption
of | ||||||
| 20 | emergency rules and the provisions of Sections 5-115 and 5-125 | ||||||
| 21 | do not apply
to rules adopted under this subsection (d). The | ||||||
| 22 | adoption of emergency rules
authorized by this subsection (d) | ||||||
| 23 | shall be deemed to be necessary for the
public interest, | ||||||
| 24 | safety, and welfare. | ||||||
| 25 | (e) In order to provide for the expeditious and timely | ||||||
| 26 | implementation
of the State's fiscal year 2000 budget, | ||||||
| |||||||
| |||||||
| 1 | emergency rules to implement any
provision of Public Act 91-24 | ||||||
| 2 | this amendatory Act of the 91st General Assembly
or any other | ||||||
| 3 | budget initiative for fiscal year 2000 may be adopted in
| ||||||
| 4 | accordance with this Section by the agency charged with | ||||||
| 5 | administering that
provision or initiative, except that the | ||||||
| 6 | 24-month limitation on the adoption
of emergency rules and the | ||||||
| 7 | provisions of Sections 5-115 and 5-125 do not apply
to rules | ||||||
| 8 | adopted under this subsection (e). The adoption of emergency | ||||||
| 9 | rules
authorized by this subsection (e) shall be deemed to be | ||||||
| 10 | necessary for the
public interest, safety, and welfare. | ||||||
| 11 | (f) In order to provide for the expeditious and timely | ||||||
| 12 | implementation
of the State's fiscal year 2001 budget, | ||||||
| 13 | emergency rules to implement any
provision of Public Act 91-712 | ||||||
| 14 | this amendatory Act of the 91st General Assembly
or any other | ||||||
| 15 | budget initiative for fiscal year 2001 may be adopted in
| ||||||
| 16 | accordance with this Section by the agency charged with | ||||||
| 17 | administering that
provision or initiative, except that the | ||||||
| 18 | 24-month limitation on the adoption
of emergency rules and the | ||||||
| 19 | provisions of Sections 5-115 and 5-125 do not apply
to rules | ||||||
| 20 | adopted under this subsection (f). The adoption of emergency | ||||||
| 21 | rules
authorized by this subsection (f) shall be deemed to be | ||||||
| 22 | necessary for the
public interest, safety, and welfare. | ||||||
| 23 | (g) In order to provide for the expeditious and timely | ||||||
| 24 | implementation
of the State's fiscal year 2002 budget, | ||||||
| 25 | emergency rules to implement any
provision of Public Act 92-10 | ||||||
| 26 | this amendatory Act of the 92nd General Assembly
or any other | ||||||
| |||||||
| |||||||
| 1 | budget initiative for fiscal year 2002 may be adopted in
| ||||||
| 2 | accordance with this Section by the agency charged with | ||||||
| 3 | administering that
provision or initiative, except that the | ||||||
| 4 | 24-month limitation on the adoption
of emergency rules and the | ||||||
| 5 | provisions of Sections 5-115 and 5-125 do not apply
to rules | ||||||
| 6 | adopted under this subsection (g). The adoption of emergency | ||||||
| 7 | rules
authorized by this subsection (g) shall be deemed to be | ||||||
| 8 | necessary for the
public interest, safety, and welfare. | ||||||
| 9 | (h) In order to provide for the expeditious and timely | ||||||
| 10 | implementation
of the State's fiscal year 2003 budget, | ||||||
| 11 | emergency rules to implement any
provision of Public Act 92-597 | ||||||
| 12 | this amendatory Act of the 92nd General Assembly
or any other | ||||||
| 13 | budget initiative for fiscal year 2003 may be adopted in
| ||||||
| 14 | accordance with this Section by the agency charged with | ||||||
| 15 | administering that
provision or initiative, except that the | ||||||
| 16 | 24-month limitation on the adoption
of emergency rules and the | ||||||
| 17 | provisions of Sections 5-115 and 5-125 do not apply
to rules | ||||||
| 18 | adopted under this subsection (h). The adoption of emergency | ||||||
| 19 | rules
authorized by this subsection (h) shall be deemed to be | ||||||
| 20 | necessary for the
public interest, safety, and welfare. | ||||||
| 21 | (i) In order to provide for the expeditious and timely | ||||||
| 22 | implementation
of the State's fiscal year 2004 budget, | ||||||
| 23 | emergency rules to implement any
provision of Public Act 93-20 | ||||||
| 24 | this amendatory Act of the 93rd General Assembly
or any other | ||||||
| 25 | budget initiative for fiscal year 2004 may be adopted in
| ||||||
| 26 | accordance with this Section by the agency charged with | ||||||
| |||||||
| |||||||
| 1 | administering that
provision or initiative, except that the | ||||||
| 2 | 24-month limitation on the adoption
of emergency rules and the | ||||||
| 3 | provisions of Sections 5-115 and 5-125 do not apply
to rules | ||||||
| 4 | adopted under this subsection (i). The adoption of emergency | ||||||
| 5 | rules
authorized by this subsection (i) shall be deemed to be | ||||||
| 6 | necessary for the
public interest, safety, and welfare. | ||||||
| 7 | (j) In order to provide for the expeditious and timely | ||||||
| 8 | implementation of the provisions of the State's fiscal year | ||||||
| 9 | 2005 budget as provided under the Fiscal Year 2005 Budget | ||||||
| 10 | Implementation (Human Services) Act, emergency rules to | ||||||
| 11 | implement any provision of the Fiscal Year 2005 Budget | ||||||
| 12 | Implementation (Human Services) Act may be adopted in | ||||||
| 13 | accordance with this Section by the agency charged with | ||||||
| 14 | administering that provision, except that the 24-month | ||||||
| 15 | limitation on the adoption of emergency rules and the | ||||||
| 16 | provisions of Sections 5-115 and 5-125 do not apply to rules | ||||||
| 17 | adopted under this subsection (j). The Department of Public Aid | ||||||
| 18 | may also adopt rules under this subsection (j) necessary to | ||||||
| 19 | administer the Illinois Public Aid Code and the Children's | ||||||
| 20 | Health Insurance Program Act. The adoption of emergency rules | ||||||
| 21 | authorized by this subsection (j) shall be deemed to be | ||||||
| 22 | necessary for the public interest, safety, and welfare.
| ||||||
| 23 | (k) In order to provide for the expeditious and timely | ||||||
| 24 | implementation of the provisions of the State's fiscal year | ||||||
| 25 | 2006 budget, emergency rules to implement any provision of | ||||||
| 26 | Public Act 94-48 this amendatory Act of the 94th General | ||||||
| |||||||
| |||||||
| 1 | Assembly or any other budget initiative for fiscal year 2006 | ||||||
| 2 | may be adopted in accordance with this Section by the agency | ||||||
| 3 | charged with administering that provision or initiative, | ||||||
| 4 | except that the 24-month limitation on the adoption of | ||||||
| 5 | emergency rules and the provisions of Sections 5-115 and 5-125 | ||||||
| 6 | do not apply to rules adopted under this subsection (k). The | ||||||
| 7 | Department of Healthcare and Family Services may also adopt | ||||||
| 8 | rules under this subsection (k) necessary to administer the | ||||||
| 9 | Illinois Public Aid Code, the Senior Citizens and Persons with | ||||||
| 10 | Disabilities Property Tax Relief Act, the Senior Citizens and | ||||||
| 11 | Disabled Persons Prescription Drug Discount Program Act (now | ||||||
| 12 | the Illinois Prescription Drug Discount Program Act), and the | ||||||
| 13 | Children's Health Insurance Program Act. The adoption of | ||||||
| 14 | emergency rules authorized by this subsection (k) shall be | ||||||
| 15 | deemed to be necessary for the public interest, safety, and | ||||||
| 16 | welfare.
| ||||||
| 17 | (l) In order to provide for the expeditious and timely | ||||||
| 18 | implementation of the provisions of the
State's fiscal year | ||||||
| 19 | 2007 budget, the Department of Healthcare and Family Services | ||||||
| 20 | may adopt emergency rules during fiscal year 2007, including | ||||||
| 21 | rules effective July 1, 2007, in
accordance with this | ||||||
| 22 | subsection to the extent necessary to administer the | ||||||
| 23 | Department's responsibilities with respect to amendments to | ||||||
| 24 | the State plans and Illinois waivers approved by the federal | ||||||
| 25 | Centers for Medicare and Medicaid Services necessitated by the | ||||||
| 26 | requirements of Title XIX and Title XXI of the federal Social | ||||||
| |||||||
| |||||||
| 1 | Security Act. The adoption of emergency rules
authorized by | ||||||
| 2 | this subsection (l) shall be deemed to be necessary for the | ||||||
| 3 | public interest,
safety, and welfare.
| ||||||
| 4 | (m) In order to provide for the expeditious and timely | ||||||
| 5 | implementation of the provisions of the
State's fiscal year | ||||||
| 6 | 2008 budget, the Department of Healthcare and Family Services | ||||||
| 7 | may adopt emergency rules during fiscal year 2008, including | ||||||
| 8 | rules effective July 1, 2008, in
accordance with this | ||||||
| 9 | subsection to the extent necessary to administer the | ||||||
| 10 | Department's responsibilities with respect to amendments to | ||||||
| 11 | the State plans and Illinois waivers approved by the federal | ||||||
| 12 | Centers for Medicare and Medicaid Services necessitated by the | ||||||
| 13 | requirements of Title XIX and Title XXI of the federal Social | ||||||
| 14 | Security Act. The adoption of emergency rules
authorized by | ||||||
| 15 | this subsection (m) shall be deemed to be necessary for the | ||||||
| 16 | public interest,
safety, and welfare.
| ||||||
| 17 | (n) In order to provide for the expeditious and timely | ||||||
| 18 | implementation of the provisions of the State's fiscal year | ||||||
| 19 | 2010 budget, emergency rules to implement any provision of | ||||||
| 20 | Public Act 96-45 this amendatory Act of the 96th General | ||||||
| 21 | Assembly or any other budget initiative authorized by the 96th | ||||||
| 22 | General Assembly for fiscal year 2010 may be adopted in | ||||||
| 23 | accordance with this Section by the agency charged with | ||||||
| 24 | administering that provision or initiative. The adoption of | ||||||
| 25 | emergency rules authorized by this subsection (n) shall be | ||||||
| 26 | deemed to be necessary for the public interest, safety, and | ||||||
| |||||||
| |||||||
| 1 | welfare. The rulemaking authority granted in this subsection | ||||||
| 2 | (n) shall apply only to rules promulgated during Fiscal Year | ||||||
| 3 | 2010. | ||||||
| 4 | (o) In order to provide for the expeditious and timely | ||||||
| 5 | implementation of the provisions of the State's fiscal year | ||||||
| 6 | 2011 budget, emergency rules to implement any provision of | ||||||
| 7 | Public Act 96-958 this amendatory Act of the 96th General | ||||||
| 8 | Assembly or any other budget initiative authorized by the 96th | ||||||
| 9 | General Assembly for fiscal year 2011 may be adopted in | ||||||
| 10 | accordance with this Section by the agency charged with | ||||||
| 11 | administering that provision or initiative. The adoption of | ||||||
| 12 | emergency rules authorized by this subsection (o) is deemed to | ||||||
| 13 | be necessary for the public interest, safety, and welfare. The | ||||||
| 14 | rulemaking authority granted in this subsection (o) applies | ||||||
| 15 | only to rules promulgated on or after the effective date of | ||||||
| 16 | Public Act 96-958 this amendatory Act of the 96th General | ||||||
| 17 | Assembly through June 30, 2011. | ||||||
| 18 | (p) In order to provide for the expeditious and timely | ||||||
| 19 | implementation of the provisions of Public Act 97-689, | ||||||
| 20 | emergency rules to implement any provision of Public Act 97-689 | ||||||
| 21 | may be adopted in accordance with this subsection (p) by the | ||||||
| 22 | agency charged with administering that provision or | ||||||
| 23 | initiative. The 150-day limitation of the effective period of | ||||||
| 24 | emergency rules does not apply to rules adopted under this | ||||||
| 25 | subsection (p), and the effective period may continue through | ||||||
| 26 | June 30, 2013. The 24-month limitation on the adoption of | ||||||
| |||||||
| |||||||
| 1 | emergency rules does not apply to rules adopted under this | ||||||
| 2 | subsection (p). The adoption of emergency rules authorized by | ||||||
| 3 | this subsection (p) is deemed to be necessary for the public | ||||||
| 4 | interest, safety, and welfare. | ||||||
| 5 | (q) In order to provide for the expeditious and timely | ||||||
| 6 | implementation of the provisions of Articles 7, 8, 9, 11, and | ||||||
| 7 | 12 of Public Act 98-104 this amendatory Act of the 98th General | ||||||
| 8 | Assembly, emergency rules to implement any provision of | ||||||
| 9 | Articles 7, 8, 9, 11, and 12 of Public Act 98-104 this | ||||||
| 10 | amendatory Act of the 98th General Assembly may be adopted in | ||||||
| 11 | accordance with this subsection (q) by the agency charged with | ||||||
| 12 | administering that provision or initiative. The 24-month | ||||||
| 13 | limitation on the adoption of emergency rules does not apply to | ||||||
| 14 | rules adopted under this subsection (q). The adoption of | ||||||
| 15 | emergency rules authorized by this subsection (q) is deemed to | ||||||
| 16 | be necessary for the public interest, safety, and welfare. | ||||||
| 17 | (r) In order to provide for the expeditious and timely | ||||||
| 18 | implementation of the provisions of Public Act 98-651 this | ||||||
| 19 | amendatory Act of the 98th General Assembly, emergency rules to | ||||||
| 20 | implement Public Act 98-651 this amendatory Act of the 98th | ||||||
| 21 | General Assembly may be adopted in accordance with this | ||||||
| 22 | subsection (r) by the Department of Healthcare and Family | ||||||
| 23 | Services. The 24-month limitation on the adoption of emergency | ||||||
| 24 | rules does not apply to rules adopted under this subsection | ||||||
| 25 | (r). The adoption of emergency rules authorized by this | ||||||
| 26 | subsection (r) is deemed to be necessary for the public | ||||||
| |||||||
| |||||||
| 1 | interest, safety, and welfare. | ||||||
| 2 | (s) In order to provide for the expeditious and timely | ||||||
| 3 | implementation of the provisions of Sections 5-5b.1 and 5A-2 of | ||||||
| 4 | the Illinois Public Aid Code, emergency rules to implement any | ||||||
| 5 | provision of Section 5-5b.1 or Section 5A-2 of the Illinois | ||||||
| 6 | Public Aid Code may be adopted in accordance with this | ||||||
| 7 | subsection (s) by the Department of Healthcare and Family | ||||||
| 8 | Services. The rulemaking authority granted in this subsection | ||||||
| 9 | (s) shall apply only to those rules adopted prior to July 1, | ||||||
| 10 | 2015. Notwithstanding any other provision of this Section, any | ||||||
| 11 | emergency rule adopted under this subsection (s) shall only | ||||||
| 12 | apply to payments made for State fiscal year 2015. The adoption | ||||||
| 13 | of emergency rules authorized by this subsection (s) is deemed | ||||||
| 14 | to be necessary for the public interest, safety, and welfare. | ||||||
| 15 | (t) In order to provide for the expeditious and timely | ||||||
| 16 | implementation of the provisions of Article II of Public Act | ||||||
| 17 | 99-6 this amendatory Act of the 99th General Assembly, | ||||||
| 18 | emergency rules to implement the changes made by Article II of | ||||||
| 19 | Public Act 99-6 this amendatory Act of the 99th General | ||||||
| 20 | Assembly to the Emergency Telephone System Act may be adopted | ||||||
| 21 | in accordance with this subsection (t) by the Department of | ||||||
| 22 | State Police. The rulemaking authority granted in this | ||||||
| 23 | subsection (t) shall apply only to those rules adopted prior to | ||||||
| 24 | July 1, 2016. The 24-month limitation on the adoption of | ||||||
| 25 | emergency rules does not apply to rules adopted under this | ||||||
| 26 | subsection (t). The adoption of emergency rules authorized by | ||||||
| |||||||
| |||||||
| 1 | this subsection (t) is deemed to be necessary for the public | ||||||
| 2 | interest, safety, and welfare. | ||||||
| 3 | (u) (t) In order to provide for the expeditious and timely | ||||||
| 4 | implementation of the provisions of the Burn Victims Relief | ||||||
| 5 | Act, emergency rules to implement any provision of the Act may | ||||||
| 6 | be adopted in accordance with this subsection (u) (t) by the | ||||||
| 7 | Department of Insurance. The rulemaking authority granted in | ||||||
| 8 | this subsection (u) (t) shall apply only to those rules adopted | ||||||
| 9 | prior to December 31, 2015. The adoption of emergency rules | ||||||
| 10 | authorized by this subsection (u) (t) is deemed to be necessary | ||||||
| 11 | for the public interest, safety, and welfare. | ||||||
| 12 | (Source: P.A. 98-104, eff. 7-22-13; 98-463, eff. 8-16-13; | ||||||
| 13 | 98-651, eff. 6-16-14; 99-2, eff. 3-26-15; 99-6, eff. 1-1-16; | ||||||
| 14 | 99-143, eff. 7-27-15; 99-455, eff. 1-1-16; revised 10-15-15.)
| ||||||
| 15 | Section 15. The Open Meetings Act is amended by changing | ||||||
| 16 | Section 2 as follows:
| ||||||
| 17 | (5 ILCS 120/2) (from Ch. 102, par. 42)
| ||||||
| 18 | Sec. 2. Open meetings.
| ||||||
| 19 | (a) Openness required. All meetings of public
bodies shall | ||||||
| 20 | be open to the public unless excepted in subsection (c)
and | ||||||
| 21 | closed in accordance with Section 2a.
| ||||||
| 22 | (b) Construction of exceptions. The exceptions contained | ||||||
| 23 | in subsection
(c) are in derogation of the requirement that | ||||||
| 24 | public bodies
meet in the open, and therefore, the exceptions | ||||||
| |||||||
| |||||||
| 1 | are to be strictly
construed, extending only to subjects | ||||||
| 2 | clearly within their scope.
The exceptions authorize but do not | ||||||
| 3 | require the holding of
a closed meeting to discuss a subject | ||||||
| 4 | included within an enumerated exception.
| ||||||
| 5 | (c) Exceptions. A public body may hold closed meetings to | ||||||
| 6 | consider the
following subjects:
| ||||||
| 7 | (1) The appointment, employment, compensation, | ||||||
| 8 | discipline, performance,
or dismissal of specific | ||||||
| 9 | employees of the public body or legal counsel for
the | ||||||
| 10 | public body, including hearing
testimony on a complaint | ||||||
| 11 | lodged against an employee of the public body or
against | ||||||
| 12 | legal counsel for the public body to determine its | ||||||
| 13 | validity.
| ||||||
| 14 | (2) Collective negotiating matters between the public | ||||||
| 15 | body and its
employees or their representatives, or | ||||||
| 16 | deliberations concerning salary
schedules for one or more | ||||||
| 17 | classes of employees.
| ||||||
| 18 | (3) The selection of a person to fill a public office,
| ||||||
| 19 | as defined in this Act, including a vacancy in a public | ||||||
| 20 | office, when the public
body is given power to appoint | ||||||
| 21 | under law or ordinance, or the discipline,
performance or | ||||||
| 22 | removal of the occupant of a public office, when the public | ||||||
| 23 | body
is given power to remove the occupant under law or | ||||||
| 24 | ordinance.
| ||||||
| 25 | (4) Evidence or testimony presented in open hearing, or | ||||||
| 26 | in closed
hearing where specifically authorized by law, to
| ||||||
| |||||||
| |||||||
| 1 | a quasi-adjudicative body, as defined in this Act, provided | ||||||
| 2 | that the body
prepares and makes available for public | ||||||
| 3 | inspection a written decision
setting forth its | ||||||
| 4 | determinative reasoning.
| ||||||
| 5 | (5) The purchase or lease of real property for the use | ||||||
| 6 | of
the public body, including meetings held for the purpose | ||||||
| 7 | of discussing
whether a particular parcel should be | ||||||
| 8 | acquired.
| ||||||
| 9 | (6) The setting of a price for sale or lease of | ||||||
| 10 | property owned
by the public body.
| ||||||
| 11 | (7) The sale or purchase of securities, investments, or | ||||||
| 12 | investment
contracts. This exception shall not apply to the | ||||||
| 13 | investment of assets or income of funds deposited into the | ||||||
| 14 | Illinois Prepaid Tuition Trust Fund.
| ||||||
| 15 | (8) Security procedures, school building safety and | ||||||
| 16 | security, and the use of personnel and
equipment to respond | ||||||
| 17 | to an actual, a threatened, or a reasonably
potential | ||||||
| 18 | danger to the safety of employees, students, staff, the | ||||||
| 19 | public, or
public
property.
| ||||||
| 20 | (9) Student disciplinary cases.
| ||||||
| 21 | (10) The placement of individual students in special | ||||||
| 22 | education
programs and other matters relating to | ||||||
| 23 | individual students.
| ||||||
| 24 | (11) Litigation, when an action against, affecting or | ||||||
| 25 | on behalf of the
particular public body has been filed and | ||||||
| 26 | is pending before a court or
administrative tribunal, or | ||||||
| |||||||
| |||||||
| 1 | when the public body finds that an action is
probable or | ||||||
| 2 | imminent, in which case the basis for the finding shall be
| ||||||
| 3 | recorded and entered into the minutes of the closed | ||||||
| 4 | meeting.
| ||||||
| 5 | (12) The establishment of reserves or settlement of | ||||||
| 6 | claims as provided
in the Local Governmental and | ||||||
| 7 | Governmental Employees Tort Immunity Act, if
otherwise the | ||||||
| 8 | disposition of a claim or potential claim might be
| ||||||
| 9 | prejudiced, or the review or discussion of claims, loss or | ||||||
| 10 | risk management
information, records, data, advice or | ||||||
| 11 | communications from or with respect
to any insurer of the | ||||||
| 12 | public body or any intergovernmental risk management
| ||||||
| 13 | association or self insurance pool of which the public body | ||||||
| 14 | is a member.
| ||||||
| 15 | (13) Conciliation of complaints of discrimination in | ||||||
| 16 | the sale or rental
of housing, when closed meetings are | ||||||
| 17 | authorized by the law or ordinance
prescribing fair housing | ||||||
| 18 | practices and creating a commission or
administrative | ||||||
| 19 | agency for their enforcement.
| ||||||
| 20 | (14) Informant sources, the hiring or assignment of | ||||||
| 21 | undercover personnel
or equipment, or ongoing, prior or | ||||||
| 22 | future criminal investigations, when
discussed by a public | ||||||
| 23 | body with criminal investigatory responsibilities.
| ||||||
| 24 | (15) Professional ethics or performance when | ||||||
| 25 | considered by an advisory
body appointed to advise a | ||||||
| 26 | licensing or regulatory agency on matters
germane to the | ||||||
| |||||||
| |||||||
| 1 | advisory body's field of competence.
| ||||||
| 2 | (16) Self evaluation, practices and procedures or | ||||||
| 3 | professional ethics,
when meeting with a representative of | ||||||
| 4 | a statewide association of which the
public body is a | ||||||
| 5 | member.
| ||||||
| 6 | (17) The recruitment, credentialing, discipline or | ||||||
| 7 | formal peer review
of physicians or other
health care | ||||||
| 8 | professionals for a hospital, or
other institution | ||||||
| 9 | providing medical care, that is operated by the public | ||||||
| 10 | body.
| ||||||
| 11 | (18) Deliberations for decisions of the Prisoner | ||||||
| 12 | Review Board.
| ||||||
| 13 | (19) Review or discussion of applications received | ||||||
| 14 | under the
Experimental Organ Transplantation Procedures | ||||||
| 15 | Act.
| ||||||
| 16 | (20) The classification and discussion of matters | ||||||
| 17 | classified as
confidential or continued confidential by | ||||||
| 18 | the State Government Suggestion Award
Board.
| ||||||
| 19 | (21) Discussion of minutes of meetings lawfully closed | ||||||
| 20 | under this Act,
whether for purposes of approval by the | ||||||
| 21 | body of the minutes or semi-annual
review of the minutes as | ||||||
| 22 | mandated by Section 2.06.
| ||||||
| 23 | (22) Deliberations for decisions of the State
| ||||||
| 24 | Emergency Medical Services Disciplinary
Review Board.
| ||||||
| 25 | (23) The operation by a municipality of a municipal | ||||||
| 26 | utility or the
operation of a
municipal power agency or | ||||||
| |||||||
| |||||||
| 1 | municipal natural gas agency when the
discussion involves | ||||||
| 2 | (i) contracts relating to the
purchase, sale, or delivery | ||||||
| 3 | of electricity or natural gas or (ii) the results
or | ||||||
| 4 | conclusions of load forecast studies.
| ||||||
| 5 | (24) Meetings of a residential health care facility | ||||||
| 6 | resident sexual
assault and death review
team or
the | ||||||
| 7 | Executive
Council under the Abuse Prevention Review
Team | ||||||
| 8 | Act.
| ||||||
| 9 | (25) Meetings of an independent team of experts under | ||||||
| 10 | Brian's Law. | ||||||
| 11 | (26) Meetings of a mortality review team appointed | ||||||
| 12 | under the Department of Juvenile Justice Mortality Review | ||||||
| 13 | Team Act. | ||||||
| 14 | (27) (Blank). | ||||||
| 15 | (28) Correspondence and records (i) that may not be | ||||||
| 16 | disclosed under Section 11-9 of the Public Aid Code or (ii) | ||||||
| 17 | that pertain to appeals under Section 11-8 of the Public | ||||||
| 18 | Aid Code. | ||||||
| 19 | (29) Meetings between internal or external auditors | ||||||
| 20 | and governmental audit committees, finance committees, and | ||||||
| 21 | their equivalents, when the discussion involves internal | ||||||
| 22 | control weaknesses, identification of potential fraud risk | ||||||
| 23 | areas, known or suspected frauds, and fraud interviews | ||||||
| 24 | conducted in accordance with generally accepted auditing | ||||||
| 25 | standards of the United States of America. | ||||||
| 26 | (30) Those meetings or portions of meetings of a | ||||||
| |||||||
| |||||||
| 1 | fatality review team or the Illinois Fatality Review Team | ||||||
| 2 | Advisory Council during which a review of the death of an | ||||||
| 3 | eligible adult in which abuse or neglect is suspected, | ||||||
| 4 | alleged, or substantiated is conducted pursuant to Section | ||||||
| 5 | 15 of the Adult Protective Services Act. | ||||||
| 6 | (31) Meetings and deliberations for decisions of the | ||||||
| 7 | Concealed Carry Licensing Review Board under the Firearm | ||||||
| 8 | Concealed Carry Act. | ||||||
| 9 | (32) Meetings between the Regional Transportation | ||||||
| 10 | Authority Board and its Service Boards when the discussion | ||||||
| 11 | involves review by the Regional Transportation Authority | ||||||
| 12 | Board of employment contracts under Section 28d of the | ||||||
| 13 | Metropolitan Transit Authority Act and Sections 3A.18 and | ||||||
| 14 | 3B.26 of the Regional Transportation Authority Act. | ||||||
| 15 | (33) Those meetings meeting or portions of meetings of | ||||||
| 16 | the advisory committee and peer review subcommittee | ||||||
| 17 | created under Section 320 of the Illinois Controlled | ||||||
| 18 | Substances Act during which specific controlled substance | ||||||
| 19 | prescriber, dispenser, or patient information is | ||||||
| 20 | discussed. | ||||||
| 21 | (d) Definitions. For purposes of this Section:
| ||||||
| 22 | "Employee" means a person employed by a public body whose | ||||||
| 23 | relationship
with the public body constitutes an | ||||||
| 24 | employer-employee relationship under
the usual common law | ||||||
| 25 | rules, and who is not an independent contractor.
| ||||||
| 26 | "Public office" means a position created by or under the
| ||||||
| |||||||
| |||||||
| 1 | Constitution or laws of this State, the occupant of which is | ||||||
| 2 | charged with
the exercise of some portion of the sovereign | ||||||
| 3 | power of this State. The term
"public office" shall include | ||||||
| 4 | members of the public body, but it shall not
include | ||||||
| 5 | organizational positions filled by members thereof, whether
| ||||||
| 6 | established by law or by a public body itself, that exist to | ||||||
| 7 | assist the
body in the conduct of its business.
| ||||||
| 8 | "Quasi-adjudicative body" means an administrative body | ||||||
| 9 | charged by law or
ordinance with the responsibility to conduct | ||||||
| 10 | hearings, receive evidence or
testimony and make | ||||||
| 11 | determinations based
thereon, but does not include
local | ||||||
| 12 | electoral boards when such bodies are considering petition | ||||||
| 13 | challenges.
| ||||||
| 14 | (e) Final action. No final action may be taken at a closed | ||||||
| 15 | meeting.
Final action shall be preceded by a public recital of | ||||||
| 16 | the nature of the
matter being considered and other information | ||||||
| 17 | that will inform the
public of the business being conducted.
| ||||||
| 18 | (Source: P.A. 98-49, eff. 7-1-13; 98-63, eff. 7-9-13; 98-756, | ||||||
| 19 | eff. 7-16-14; 98-1027, eff. 1-1-15; 98-1039, eff. 8-25-14; | ||||||
| 20 | 99-78, eff. 7-20-15; 99-235, eff. 1-1-16; 99-480, eff. 9-9-15; | ||||||
| 21 | revised 10-14-15.)
| ||||||
| 22 | Section 20. The Freedom of Information Act is amended by | ||||||
| 23 | changing Sections 7, 7.5, and 11 as follows:
| ||||||
| 24 | (5 ILCS 140/7) (from Ch. 116, par. 207) | ||||||
| |||||||
| |||||||
| 1 | Sec. 7. Exemptions.
| ||||||
| 2 | (1) When a request is made to inspect or copy a public | ||||||
| 3 | record that contains information that is exempt from disclosure | ||||||
| 4 | under this Section, but also contains information that is not | ||||||
| 5 | exempt from disclosure, the public body may elect to redact the | ||||||
| 6 | information that is exempt. The public body shall make the | ||||||
| 7 | remaining information available for inspection and copying. | ||||||
| 8 | Subject to this requirement, the following shall be exempt from | ||||||
| 9 | inspection and copying:
| ||||||
| 10 | (a) Information specifically prohibited from | ||||||
| 11 | disclosure by federal or
State law or rules and regulations | ||||||
| 12 | implementing federal or State law.
| ||||||
| 13 | (b) Private information, unless disclosure is required | ||||||
| 14 | by another provision of this Act, a State or federal law or | ||||||
| 15 | a court order. | ||||||
| 16 | (b-5) Files, documents, and other data or databases | ||||||
| 17 | maintained by one or more law enforcement agencies and | ||||||
| 18 | specifically designed to provide information to one or more | ||||||
| 19 | law enforcement agencies regarding the physical or mental | ||||||
| 20 | status of one or more individual subjects. | ||||||
| 21 | (c) Personal information contained within public | ||||||
| 22 | records, the disclosure of which would constitute a clearly
| ||||||
| 23 | unwarranted invasion of personal privacy, unless the | ||||||
| 24 | disclosure is
consented to in writing by the individual | ||||||
| 25 | subjects of the information. "Unwarranted invasion of | ||||||
| 26 | personal privacy" means the disclosure of information that | ||||||
| |||||||
| |||||||
| 1 | is highly personal or objectionable to a reasonable person | ||||||
| 2 | and in which the subject's right to privacy outweighs any | ||||||
| 3 | legitimate public interest in obtaining the information. | ||||||
| 4 | The
disclosure of information that bears on the public | ||||||
| 5 | duties of public
employees and officials shall not be | ||||||
| 6 | considered an invasion of personal
privacy.
| ||||||
| 7 | (d) Records in the possession of any public body | ||||||
| 8 | created in the course of administrative enforcement
| ||||||
| 9 | proceedings, and any law enforcement or correctional | ||||||
| 10 | agency for
law enforcement purposes,
but only to the extent | ||||||
| 11 | that disclosure would:
| ||||||
| 12 | (i) interfere with pending or actually and | ||||||
| 13 | reasonably contemplated
law enforcement proceedings | ||||||
| 14 | conducted by any law enforcement or correctional
| ||||||
| 15 | agency that is the recipient of the request;
| ||||||
| 16 | (ii) interfere with active administrative | ||||||
| 17 | enforcement proceedings
conducted by the public body | ||||||
| 18 | that is the recipient of the request;
| ||||||
| 19 | (iii) create a substantial likelihood that a | ||||||
| 20 | person will be deprived of a fair trial or an impartial | ||||||
| 21 | hearing;
| ||||||
| 22 | (iv) unavoidably disclose the identity of a | ||||||
| 23 | confidential source, confidential information | ||||||
| 24 | furnished only by the confidential source, or persons | ||||||
| 25 | who file complaints with or provide information to | ||||||
| 26 | administrative, investigative, law enforcement, or | ||||||
| |||||||
| |||||||
| 1 | penal agencies; except that the identities of | ||||||
| 2 | witnesses to traffic accidents, traffic accident | ||||||
| 3 | reports, and rescue reports shall be provided by | ||||||
| 4 | agencies of local government, except when disclosure | ||||||
| 5 | would interfere with an active criminal investigation | ||||||
| 6 | conducted by the agency that is the recipient of the | ||||||
| 7 | request;
| ||||||
| 8 | (v) disclose unique or specialized investigative | ||||||
| 9 | techniques other than
those generally used and known or | ||||||
| 10 | disclose internal documents of
correctional agencies | ||||||
| 11 | related to detection, observation or investigation of
| ||||||
| 12 | incidents of crime or misconduct, and disclosure would | ||||||
| 13 | result in demonstrable harm to the agency or public | ||||||
| 14 | body that is the recipient of the request;
| ||||||
| 15 | (vi) endanger the life or physical safety of law | ||||||
| 16 | enforcement personnel
or any other person; or
| ||||||
| 17 | (vii) obstruct an ongoing criminal investigation | ||||||
| 18 | by the agency that is the recipient of the request.
| ||||||
| 19 | (d-5) A law enforcement record created for law | ||||||
| 20 | enforcement purposes and contained in a shared electronic | ||||||
| 21 | record management system if the law enforcement agency that | ||||||
| 22 | is the recipient of the request did not create the record, | ||||||
| 23 | did not participate in or have a role in any of the events | ||||||
| 24 | which are the subject of the record, and only has access to | ||||||
| 25 | the record through the shared electronic record management | ||||||
| 26 | system. | ||||||
| |||||||
| |||||||
| 1 | (e) Records that relate to or affect the security of | ||||||
| 2 | correctional
institutions and detention facilities.
| ||||||
| 3 | (e-5) Records requested by persons committed to the | ||||||
| 4 | Department of Corrections if those materials are available | ||||||
| 5 | in the library of the correctional facility where the | ||||||
| 6 | inmate is confined. | ||||||
| 7 | (e-6) Records requested by persons committed to the | ||||||
| 8 | Department of Corrections if those materials include | ||||||
| 9 | records from staff members' personnel files, staff | ||||||
| 10 | rosters, or other staffing assignment information. | ||||||
| 11 | (e-7) Records requested by persons committed to the | ||||||
| 12 | Department of Corrections if those materials are available | ||||||
| 13 | through an administrative request to the Department of | ||||||
| 14 | Corrections. | ||||||
| 15 | (f) Preliminary drafts, notes, recommendations, | ||||||
| 16 | memoranda and other
records in which opinions are | ||||||
| 17 | expressed, or policies or actions are
formulated, except | ||||||
| 18 | that a specific record or relevant portion of a
record | ||||||
| 19 | shall not be exempt when the record is publicly cited
and | ||||||
| 20 | identified by the head of the public body. The exemption | ||||||
| 21 | provided in
this paragraph (f) extends to all those records | ||||||
| 22 | of officers and agencies
of the General Assembly that | ||||||
| 23 | pertain to the preparation of legislative
documents.
| ||||||
| 24 | (g) Trade secrets and commercial or financial | ||||||
| 25 | information obtained from
a person or business where the | ||||||
| 26 | trade secrets or commercial or financial information are | ||||||
| |||||||
| |||||||
| 1 | furnished under a claim that they are
proprietary, | ||||||
| 2 | privileged or confidential, and that disclosure of the | ||||||
| 3 | trade
secrets or commercial or financial information would | ||||||
| 4 | cause competitive harm to the person or business, and only | ||||||
| 5 | insofar as the claim directly applies to the records | ||||||
| 6 | requested. | ||||||
| 7 | The information included under this exemption includes | ||||||
| 8 | all trade secrets and commercial or financial information | ||||||
| 9 | obtained by a public body, including a public pension fund, | ||||||
| 10 | from a private equity fund or a privately held company | ||||||
| 11 | within the investment portfolio of a private equity fund as | ||||||
| 12 | a result of either investing or evaluating a potential | ||||||
| 13 | investment of public funds in a private equity fund. The | ||||||
| 14 | exemption contained in this item does not apply to the | ||||||
| 15 | aggregate financial performance information of a private | ||||||
| 16 | equity fund, nor to the identity of the fund's managers or | ||||||
| 17 | general partners. The exemption contained in this item does | ||||||
| 18 | not apply to the identity of a privately held company | ||||||
| 19 | within the investment portfolio of a private equity fund, | ||||||
| 20 | unless the disclosure of the identity of a privately held | ||||||
| 21 | company may cause competitive harm. | ||||||
| 22 | Nothing contained in this
paragraph (g) shall be | ||||||
| 23 | construed to prevent a person or business from
consenting | ||||||
| 24 | to disclosure.
| ||||||
| 25 | (h) Proposals and bids for any contract, grant, or | ||||||
| 26 | agreement, including
information which if it were | ||||||
| |||||||
| |||||||
| 1 | disclosed would frustrate procurement or give
an advantage | ||||||
| 2 | to any person proposing to enter into a contractor | ||||||
| 3 | agreement
with the body, until an award or final selection | ||||||
| 4 | is made. Information
prepared by or for the body in | ||||||
| 5 | preparation of a bid solicitation shall be
exempt until an | ||||||
| 6 | award or final selection is made.
| ||||||
| 7 | (i) Valuable formulae,
computer geographic systems,
| ||||||
| 8 | designs, drawings and research data obtained or
produced by | ||||||
| 9 | any public body when disclosure could reasonably be | ||||||
| 10 | expected to
produce private gain or public loss.
The | ||||||
| 11 | exemption for "computer geographic systems" provided in | ||||||
| 12 | this paragraph
(i) does not extend to requests made by news | ||||||
| 13 | media as defined in Section 2 of
this Act when the | ||||||
| 14 | requested information is not otherwise exempt and the only
| ||||||
| 15 | purpose of the request is to access and disseminate | ||||||
| 16 | information regarding the
health, safety, welfare, or | ||||||
| 17 | legal rights of the general public.
| ||||||
| 18 | (j) The following information pertaining to | ||||||
| 19 | educational matters: | ||||||
| 20 | (i) test questions, scoring keys and other | ||||||
| 21 | examination data used to
administer an academic | ||||||
| 22 | examination;
| ||||||
| 23 | (ii) information received by a primary or | ||||||
| 24 | secondary school, college, or university under its | ||||||
| 25 | procedures for the evaluation of faculty members by | ||||||
| 26 | their academic peers; | ||||||
| |||||||
| |||||||
| 1 | (iii) information concerning a school or | ||||||
| 2 | university's adjudication of student disciplinary | ||||||
| 3 | cases, but only to the extent that disclosure would | ||||||
| 4 | unavoidably reveal the identity of the student; and | ||||||
| 5 | (iv) course materials or research materials used | ||||||
| 6 | by faculty members. | ||||||
| 7 | (k) Architects' plans, engineers' technical | ||||||
| 8 | submissions, and
other
construction related technical | ||||||
| 9 | documents for
projects not constructed or developed in | ||||||
| 10 | whole or in part with public funds
and the same for | ||||||
| 11 | projects constructed or developed with public funds, | ||||||
| 12 | including but not limited to power generating and | ||||||
| 13 | distribution stations and other transmission and | ||||||
| 14 | distribution facilities, water treatment facilities, | ||||||
| 15 | airport facilities, sport stadiums, convention centers, | ||||||
| 16 | and all government owned, operated, or occupied buildings, | ||||||
| 17 | but
only to the extent
that disclosure would compromise | ||||||
| 18 | security.
| ||||||
| 19 | (l) Minutes of meetings of public bodies closed to the
| ||||||
| 20 | public as provided in the Open Meetings Act until the | ||||||
| 21 | public body
makes the minutes available to the public under | ||||||
| 22 | Section 2.06 of the Open
Meetings Act.
| ||||||
| 23 | (m) Communications between a public body and an | ||||||
| 24 | attorney or auditor
representing the public body that would | ||||||
| 25 | not be subject to discovery in
litigation, and materials | ||||||
| 26 | prepared or compiled by or for a public body in
| ||||||
| |||||||
| |||||||
| 1 | anticipation of a criminal, civil or administrative | ||||||
| 2 | proceeding upon the
request of an attorney advising the | ||||||
| 3 | public body, and materials prepared or
compiled with | ||||||
| 4 | respect to internal audits of public bodies.
| ||||||
| 5 | (n) Records relating to a public body's adjudication of | ||||||
| 6 | employee grievances or disciplinary cases; however, this | ||||||
| 7 | exemption shall not extend to the final outcome of cases in | ||||||
| 8 | which discipline is imposed.
| ||||||
| 9 | (o) Administrative or technical information associated | ||||||
| 10 | with automated
data processing operations, including but | ||||||
| 11 | not limited to software,
operating protocols, computer | ||||||
| 12 | program abstracts, file layouts, source
listings, object | ||||||
| 13 | modules, load modules, user guides, documentation
| ||||||
| 14 | pertaining to all logical and physical design of | ||||||
| 15 | computerized systems,
employee manuals, and any other | ||||||
| 16 | information that, if disclosed, would
jeopardize the | ||||||
| 17 | security of the system or its data or the security of
| ||||||
| 18 | materials exempt under this Section.
| ||||||
| 19 | (p) Records relating to collective negotiating matters
| ||||||
| 20 | between public bodies and their employees or | ||||||
| 21 | representatives, except that
any final contract or | ||||||
| 22 | agreement shall be subject to inspection and copying.
| ||||||
| 23 | (q) Test questions, scoring keys, and other | ||||||
| 24 | examination data used to determine the qualifications of an | ||||||
| 25 | applicant for a license or employment.
| ||||||
| 26 | (r) The records, documents, and information relating | ||||||
| |||||||
| |||||||
| 1 | to real estate
purchase negotiations until those | ||||||
| 2 | negotiations have been completed or
otherwise terminated. | ||||||
| 3 | With regard to a parcel involved in a pending or
actually | ||||||
| 4 | and reasonably contemplated eminent domain proceeding | ||||||
| 5 | under the Eminent Domain Act, records, documents and
| ||||||
| 6 | information relating to that parcel shall be exempt except | ||||||
| 7 | as may be
allowed under discovery rules adopted by the | ||||||
| 8 | Illinois Supreme Court. The
records, documents and | ||||||
| 9 | information relating to a real estate sale shall be
exempt | ||||||
| 10 | until a sale is consummated.
| ||||||
| 11 | (s) Any and all proprietary information and records | ||||||
| 12 | related to the
operation of an intergovernmental risk | ||||||
| 13 | management association or
self-insurance pool or jointly | ||||||
| 14 | self-administered health and accident
cooperative or pool.
| ||||||
| 15 | Insurance or self insurance (including any | ||||||
| 16 | intergovernmental risk management association or self | ||||||
| 17 | insurance pool) claims, loss or risk management | ||||||
| 18 | information, records, data, advice or communications.
| ||||||
| 19 | (t) Information contained in or related to | ||||||
| 20 | examination, operating, or
condition reports prepared by, | ||||||
| 21 | on behalf of, or for the use of a public
body responsible | ||||||
| 22 | for the regulation or supervision of financial
| ||||||
| 23 | institutions or insurance companies, unless disclosure is | ||||||
| 24 | otherwise
required by State law.
| ||||||
| 25 | (u) Information that would disclose
or might lead to | ||||||
| 26 | the disclosure of
secret or confidential information, | ||||||
| |||||||
| |||||||
| 1 | codes, algorithms, programs, or private
keys intended to be | ||||||
| 2 | used to create electronic or digital signatures under the
| ||||||
| 3 | Electronic Commerce Security Act.
| ||||||
| 4 | (v) Vulnerability assessments, security measures, and | ||||||
| 5 | response policies
or plans that are designed to identify, | ||||||
| 6 | prevent, or respond to potential
attacks upon a community's | ||||||
| 7 | population or systems, facilities, or installations,
the | ||||||
| 8 | destruction or contamination of which would constitute a | ||||||
| 9 | clear and present
danger to the health or safety of the | ||||||
| 10 | community, but only to the extent that
disclosure could | ||||||
| 11 | reasonably be expected to jeopardize the effectiveness of | ||||||
| 12 | the
measures or the safety of the personnel who implement | ||||||
| 13 | them or the public.
Information exempt under this item may | ||||||
| 14 | include such things as details
pertaining to the | ||||||
| 15 | mobilization or deployment of personnel or equipment, to | ||||||
| 16 | the
operation of communication systems or protocols, or to | ||||||
| 17 | tactical operations.
| ||||||
| 18 | (w) (Blank). | ||||||
| 19 | (x) Maps and other records regarding the location or | ||||||
| 20 | security of generation, transmission, distribution, | ||||||
| 21 | storage, gathering,
treatment, or switching facilities | ||||||
| 22 | owned by a utility, by a power generator, or by the | ||||||
| 23 | Illinois Power Agency.
| ||||||
| 24 | (y) Information contained in or related to proposals, | ||||||
| 25 | bids, or negotiations related to electric power | ||||||
| 26 | procurement under Section 1-75 of the Illinois Power Agency | ||||||
| |||||||
| |||||||
| 1 | Act and Section 16-111.5 of the Public Utilities Act that | ||||||
| 2 | is determined to be confidential and proprietary by the | ||||||
| 3 | Illinois Power Agency or by the Illinois Commerce | ||||||
| 4 | Commission.
| ||||||
| 5 | (z) Information about students exempted from | ||||||
| 6 | disclosure under Sections 10-20.38 or 34-18.29 of the | ||||||
| 7 | School Code, and information about undergraduate students | ||||||
| 8 | enrolled at an institution of higher education exempted | ||||||
| 9 | from disclosure under Section 25 of the Illinois Credit | ||||||
| 10 | Card Marketing Act of 2009. | ||||||
| 11 | (aa) Information the disclosure of which is
exempted | ||||||
| 12 | under the Viatical Settlements Act of 2009.
| ||||||
| 13 | (bb) Records and information provided to a mortality | ||||||
| 14 | review team and records maintained by a mortality review | ||||||
| 15 | team appointed under the Department of Juvenile Justice | ||||||
| 16 | Mortality Review Team Act. | ||||||
| 17 | (cc) Information regarding interments, entombments, or | ||||||
| 18 | inurnments of human remains that are submitted to the | ||||||
| 19 | Cemetery Oversight Database under the Cemetery Care Act or | ||||||
| 20 | the Cemetery Oversight Act, whichever is applicable. | ||||||
| 21 | (dd) Correspondence and records (i) that may not be | ||||||
| 22 | disclosed under Section 11-9 of the Public Aid Code or (ii) | ||||||
| 23 | that pertain to appeals under Section 11-8 of the Public | ||||||
| 24 | Aid Code. | ||||||
| 25 | (ee) The names, addresses, or other personal | ||||||
| 26 | information of persons who are minors and are also | ||||||
| |||||||
| |||||||
| 1 | participants and registrants in programs of park | ||||||
| 2 | districts, forest preserve districts, conservation | ||||||
| 3 | districts, recreation agencies, and special recreation | ||||||
| 4 | associations. | ||||||
| 5 | (ff) The names, addresses, or other personal | ||||||
| 6 | information of participants and registrants in programs of | ||||||
| 7 | park districts, forest preserve districts, conservation | ||||||
| 8 | districts, recreation agencies, and special recreation | ||||||
| 9 | associations where such programs are targeted primarily to | ||||||
| 10 | minors. | ||||||
| 11 | (gg) Confidential information described in Section | ||||||
| 12 | 1-100 of the Illinois Independent Tax Tribunal Act of 2012. | ||||||
| 13 | (hh) The report submitted to the State Board of | ||||||
| 14 | Education by the School Security and Standards Task Force | ||||||
| 15 | under item (8) of subsection (d) of Section 2-3.160 of the | ||||||
| 16 | School Code and any information contained in that report. | ||||||
| 17 | (ii) Records requested by persons committed to or | ||||||
| 18 | detained by the Department of Human Services under the | ||||||
| 19 | Sexually Violent Persons Commitment Act or committed to the | ||||||
| 20 | Department of Corrections under the Sexually Dangerous | ||||||
| 21 | Persons Act if those materials: (i) are available in the | ||||||
| 22 | library of the facility where the individual is confined; | ||||||
| 23 | (ii) include records from staff members' personnel files, | ||||||
| 24 | staff rosters, or other staffing assignment information; | ||||||
| 25 | or (iii) are available through an administrative request to | ||||||
| 26 | the Department of Human Services or the Department of | ||||||
| |||||||
| |||||||
| 1 | Corrections. | ||||||
| 2 | (jj) (ii) Confidential information described in | ||||||
| 3 | Section 5-535 of the Civil Administrative Code of Illinois. | ||||||
| 4 | (1.5) Any information exempt from disclosure under the | ||||||
| 5 | Judicial Privacy Act shall be redacted from public records | ||||||
| 6 | prior to disclosure under this Act. | ||||||
| 7 | (2) A public record that is not in the possession of a | ||||||
| 8 | public body but is in the possession of a party with whom the | ||||||
| 9 | agency has contracted to perform a governmental function on | ||||||
| 10 | behalf of the public body, and that directly relates to the | ||||||
| 11 | governmental function and is not otherwise exempt under this | ||||||
| 12 | Act, shall be considered a public record of the public body, | ||||||
| 13 | for purposes of this Act. | ||||||
| 14 | (3) This Section does not authorize withholding of | ||||||
| 15 | information or limit the
availability of records to the public, | ||||||
| 16 | except as stated in this Section or
otherwise provided in this | ||||||
| 17 | Act.
| ||||||
| 18 | (Source: P.A. 98-463, eff. 8-16-13; 98-578, eff. 8-27-13; | ||||||
| 19 | 98-695, eff. 7-3-14; 99-298, eff. 8-6-15; 99-346, eff. 1-1-16; | ||||||
| 20 | revised 1-11-16.)
| ||||||
| 21 | (5 ILCS 140/7.5) | ||||||
| 22 | Sec. 7.5. Statutory exemptions. To the extent provided for | ||||||
| 23 | by the statutes referenced below, the following shall be exempt | ||||||
| 24 | from inspection and copying: | ||||||
| 25 | (a) All information determined to be confidential | ||||||
| |||||||
| |||||||
| 1 | under Section 4002 of the Technology Advancement and | ||||||
| 2 | Development Act. | ||||||
| 3 | (b) Library circulation and order records identifying | ||||||
| 4 | library users with specific materials under the Library | ||||||
| 5 | Records Confidentiality Act. | ||||||
| 6 | (c) Applications, related documents, and medical | ||||||
| 7 | records received by the Experimental Organ Transplantation | ||||||
| 8 | Procedures Board and any and all documents or other records | ||||||
| 9 | prepared by the Experimental Organ Transplantation | ||||||
| 10 | Procedures Board or its staff relating to applications it | ||||||
| 11 | has received. | ||||||
| 12 | (d) Information and records held by the Department of | ||||||
| 13 | Public Health and its authorized representatives relating | ||||||
| 14 | to known or suspected cases of sexually transmissible | ||||||
| 15 | disease or any information the disclosure of which is | ||||||
| 16 | restricted under the Illinois Sexually Transmissible | ||||||
| 17 | Disease Control Act. | ||||||
| 18 | (e) Information the disclosure of which is exempted | ||||||
| 19 | under Section 30 of the Radon Industry Licensing Act. | ||||||
| 20 | (f) Firm performance evaluations under Section 55 of | ||||||
| 21 | the Architectural, Engineering, and Land Surveying | ||||||
| 22 | Qualifications Based Selection Act. | ||||||
| 23 | (g) Information the disclosure of which is restricted | ||||||
| 24 | and exempted under Section 50 of the Illinois Prepaid | ||||||
| 25 | Tuition Act. | ||||||
| 26 | (h) Information the disclosure of which is exempted | ||||||
| |||||||
| |||||||
| 1 | under the State Officials and Employees Ethics Act, and | ||||||
| 2 | records of any lawfully created State or local inspector | ||||||
| 3 | general's office that would be exempt if created or | ||||||
| 4 | obtained by an Executive Inspector General's office under | ||||||
| 5 | that Act. | ||||||
| 6 | (i) Information contained in a local emergency energy | ||||||
| 7 | plan submitted to a municipality in accordance with a local | ||||||
| 8 | emergency energy plan ordinance that is adopted under | ||||||
| 9 | Section 11-21.5-5 of the Illinois Municipal Code. | ||||||
| 10 | (j) Information and data concerning the distribution | ||||||
| 11 | of surcharge moneys collected and remitted by wireless | ||||||
| 12 | carriers under the Wireless Emergency Telephone Safety | ||||||
| 13 | Act. | ||||||
| 14 | (k) Law enforcement officer identification information | ||||||
| 15 | or driver identification information compiled by a law | ||||||
| 16 | enforcement agency or the Department of Transportation | ||||||
| 17 | under Section 11-212 of the Illinois Vehicle Code. | ||||||
| 18 | (l) Records and information provided to a residential | ||||||
| 19 | health care facility resident sexual assault and death | ||||||
| 20 | review team or the Executive Council under the Abuse | ||||||
| 21 | Prevention Review Team Act. | ||||||
| 22 | (m) Information provided to the predatory lending | ||||||
| 23 | database created pursuant to Article 3 of the Residential | ||||||
| 24 | Real Property Disclosure Act, except to the extent | ||||||
| 25 | authorized under that Article. | ||||||
| 26 | (n) Defense budgets and petitions for certification of | ||||||
| |||||||
| |||||||
| 1 | compensation and expenses for court appointed trial | ||||||
| 2 | counsel as provided under Sections 10 and 15 of the Capital | ||||||
| 3 | Crimes Litigation Act. This subsection (n) shall apply | ||||||
| 4 | until the conclusion of the trial of the case, even if the | ||||||
| 5 | prosecution chooses not to pursue the death penalty prior | ||||||
| 6 | to trial or sentencing. | ||||||
| 7 | (o) Information that is prohibited from being | ||||||
| 8 | disclosed under Section 4 of the Illinois Health and | ||||||
| 9 | Hazardous Substances Registry Act. | ||||||
| 10 | (p) Security portions of system safety program plans, | ||||||
| 11 | investigation reports, surveys, schedules, lists, data, or | ||||||
| 12 | information compiled, collected, or prepared by or for the | ||||||
| 13 | Regional Transportation Authority under Section 2.11 of | ||||||
| 14 | the Regional Transportation Authority Act or the St. Clair | ||||||
| 15 | County Transit District under the Bi-State Transit Safety | ||||||
| 16 | Act. | ||||||
| 17 | (q) Information prohibited from being disclosed by the | ||||||
| 18 | Personnel Records Review Act. | ||||||
| 19 | (r) Information prohibited from being disclosed by the | ||||||
| 20 | Illinois School Student Records Act. | ||||||
| 21 | (s) Information the disclosure of which is restricted | ||||||
| 22 | under Section 5-108 of the Public Utilities Act.
| ||||||
| 23 | (t) All identified or deidentified health information | ||||||
| 24 | in the form of health data or medical records contained in, | ||||||
| 25 | stored in, submitted to, transferred by, or released from | ||||||
| 26 | the Illinois Health Information Exchange, and identified | ||||||
| |||||||
| |||||||
| 1 | or deidentified health information in the form of health | ||||||
| 2 | data and medical records of the Illinois Health Information | ||||||
| 3 | Exchange in the possession of the Illinois Health | ||||||
| 4 | Information Exchange Authority due to its administration | ||||||
| 5 | of the Illinois Health Information Exchange. The terms | ||||||
| 6 | "identified" and "deidentified" shall be given the same | ||||||
| 7 | meaning as in the Health Insurance Portability and | ||||||
| 8 | Accountability and Portability Act of 1996, Public Law | ||||||
| 9 | 104-191, or any subsequent amendments thereto, and any | ||||||
| 10 | regulations promulgated thereunder. | ||||||
| 11 | (u) Records and information provided to an independent | ||||||
| 12 | team of experts under Brian's Law. | ||||||
| 13 | (v) Names and information of people who have applied | ||||||
| 14 | for or received Firearm Owner's Identification Cards under | ||||||
| 15 | the Firearm Owners Identification Card Act or applied for | ||||||
| 16 | or received a concealed carry license under the Firearm | ||||||
| 17 | Concealed Carry Act, unless otherwise authorized by the | ||||||
| 18 | Firearm Concealed Carry Act; and databases under the | ||||||
| 19 | Firearm Concealed Carry Act, records of the Concealed Carry | ||||||
| 20 | Licensing Review Board under the Firearm Concealed Carry | ||||||
| 21 | Act, and law enforcement agency objections under the | ||||||
| 22 | Firearm Concealed Carry Act. | ||||||
| 23 | (w) Personally identifiable information which is | ||||||
| 24 | exempted from disclosure under subsection (g) of Section | ||||||
| 25 | 19.1 of the Toll Highway Act. | ||||||
| 26 | (x) Information which is exempted from disclosure | ||||||
| |||||||
| |||||||
| 1 | under Section 5-1014.3 of the Counties Code or Section | ||||||
| 2 | 8-11-21 of the Illinois Municipal Code. | ||||||
| 3 | (y) Confidential information under the Adult | ||||||
| 4 | Protective Services Act and its predecessor enabling | ||||||
| 5 | statute, the Elder Abuse and Neglect Act, including | ||||||
| 6 | information about the identity and administrative finding | ||||||
| 7 | against any caregiver of a verified and substantiated | ||||||
| 8 | decision of abuse, neglect, or financial exploitation of an | ||||||
| 9 | eligible adult maintained in the Registry established | ||||||
| 10 | under Section 7.5 of the Adult Protective Services Act. | ||||||
| 11 | (z) Records and information provided to a fatality | ||||||
| 12 | review team or the Illinois Fatality Review Team Advisory | ||||||
| 13 | Council under Section 15 of the Adult Protective Services | ||||||
| 14 | Act. | ||||||
| 15 | (aa) Information which is exempted from disclosure | ||||||
| 16 | under Section 2.37 of the Wildlife Code. | ||||||
| 17 | (bb) Information which is or was prohibited from | ||||||
| 18 | disclosure by the Juvenile Court Act of 1987. | ||||||
| 19 | (cc) (bb) Recordings made under the Law Enforcement | ||||||
| 20 | Officer-Worn Body Camera Act, except to the extent | ||||||
| 21 | authorized under that Act. | ||||||
| 22 | (Source: P.A. 98-49, eff. 7-1-13; 98-63, eff. 7-9-13; 98-756, | ||||||
| 23 | eff. 7-16-14; 98-1039, eff. 8-25-14; 98-1045, eff. 8-25-14; | ||||||
| 24 | 99-78, eff. 7-20-15; 99-298, eff. 8-6-15; 99-352, eff. 1-1-16; | ||||||
| 25 | revised 10-14-15.)
| ||||||
| |||||||
| |||||||
| 1 | (5 ILCS 140/11) (from Ch. 116, par. 211)
| ||||||
| 2 | Sec. 11.
(a) Any person denied access to inspect or copy | ||||||
| 3 | any public
record by a public body
may file suit for injunctive | ||||||
| 4 | or
declaratory relief.
| ||||||
| 5 | (b) Where the denial is from a public body of the State, | ||||||
| 6 | suit
may be filed in the circuit court for the county where the | ||||||
| 7 | public body has
its principal office or where the person denied | ||||||
| 8 | access resides.
| ||||||
| 9 | (c) Where the denial is from a municipality or other public
| ||||||
| 10 | body, except as provided in subsection (b) of this Section, | ||||||
| 11 | suit may be filed
in the circuit court for the county where the | ||||||
| 12 | public body is located.
| ||||||
| 13 | (d) The circuit court shall have the jurisdiction to enjoin | ||||||
| 14 | the public
body from withholding public records and to order | ||||||
| 15 | the production of any
public records improperly withheld from | ||||||
| 16 | the person seeking access. If the
public body can show that | ||||||
| 17 | exceptional circumstances exist, and that the
body is | ||||||
| 18 | exercising due diligence in responding to the request, the | ||||||
| 19 | court
may retain jurisdiction and allow the agency additional | ||||||
| 20 | time to complete
its review of the records.
| ||||||
| 21 | (e) On motion of the plaintiff, prior to or after in camera
| ||||||
| 22 | inspection, the court shall order the public body
to provide an | ||||||
| 23 | index of the records to which access has been denied. The
index | ||||||
| 24 | shall include the following:
| ||||||
| 25 | (i) A description of the nature or contents of each | ||||||
| 26 | document
withheld, or each deletion from a released | ||||||
| |||||||
| |||||||
| 1 | document, provided, however,
that the public body shall not | ||||||
| 2 | be required to disclose the information
which it asserts is | ||||||
| 3 | exempt; and
| ||||||
| 4 | (ii) A statement of the exemption or exemptions claimed | ||||||
| 5 | for each such
deletion or withheld document.
| ||||||
| 6 | (f) In any action considered by the court, the court shall | ||||||
| 7 | consider the
matter de novo, and shall conduct such in camera | ||||||
| 8 | examination of the requested
records as it finds appropriate to | ||||||
| 9 | determine if such records or any part
thereof may be withheld | ||||||
| 10 | under any provision of this Act. The burden shall
be on the | ||||||
| 11 | public body to establish that its refusal to permit public | ||||||
| 12 | inspection
or copying is in accordance with the provisions of | ||||||
| 13 | this Act. Any public body that asserts that a record is exempt | ||||||
| 14 | from disclosure has the burden of proving that it is exempt by | ||||||
| 15 | clear and convincing evidence.
| ||||||
| 16 | (g) In the event of noncompliance with an order of the | ||||||
| 17 | court to disclose,
the court may enforce its order against any | ||||||
| 18 | public official or employee
so ordered or primarily responsible | ||||||
| 19 | for such noncompliance through the court's
contempt powers.
| ||||||
| 20 | (h) Except as to causes the court considers to be of | ||||||
| 21 | greater importance,
proceedings arising under this Section | ||||||
| 22 | shall take precedence on the docket
over all other causes and | ||||||
| 23 | be assigned for hearing and trial at the earliest
practicable | ||||||
| 24 | date and expedited in every way.
| ||||||
| 25 | (i) If a person seeking the right to inspect or receive a | ||||||
| 26 | copy of a public
record prevails in a
proceeding under this | ||||||
| |||||||
| |||||||
| 1 | Section, the court shall award such
person reasonable | ||||||
| 2 | attorney's attorneys' fees and costs. In determining what | ||||||
| 3 | amount of attorney's fees is reasonable, the court shall | ||||||
| 4 | consider the degree to which the relief obtained relates to the | ||||||
| 5 | relief sought. The changes contained in this subsection apply | ||||||
| 6 | to an action filed on or after January 1, 2010 (the effective | ||||||
| 7 | date of Public Act 96-542) this amendatory Act of the 96th | ||||||
| 8 | General Assembly.
| ||||||
| 9 | (j) If the court determines that a public body willfully | ||||||
| 10 | and intentionally failed to comply with this Act, or otherwise | ||||||
| 11 | acted in bad faith, the court shall also impose upon the public | ||||||
| 12 | body a civil penalty of not less than $2,500 nor more than | ||||||
| 13 | $5,000 for each occurrence. In assessing the civil penalty, the | ||||||
| 14 | court shall consider in aggravation or mitigation the budget of | ||||||
| 15 | the public body and whether the public body has previously been | ||||||
| 16 | assessed penalties for violations of this Act. The changes | ||||||
| 17 | contained in this subsection apply to an action filed on or | ||||||
| 18 | after January 1, 2010 (the effective date of Public Act 96-542) | ||||||
| 19 | this amendatory Act of the 96th General Assembly. | ||||||
| 20 | (Source: P.A. 96-542, eff. 1-1-10; 97-813, eff. 7-13-12; | ||||||
| 21 | revised 10-14-15.)
| ||||||
| 22 | Section 25. The State Records Act is amended by changing | ||||||
| 23 | Section 9 as follows:
| ||||||
| 24 | (5 ILCS 160/9) (from Ch. 116, par. 43.12)
| ||||||
| |||||||
| |||||||
| 1 | Sec. 9.
The head of each agency shall establish, and | ||||||
| 2 | maintain an active,
continuing program for the economical and | ||||||
| 3 | efficient management of the
records of the agency.
| ||||||
| 4 | Such program:
| ||||||
| 5 | (1) shall provide for effective controls over the | ||||||
| 6 | creation, maintenance,
and use of records in the conduct of | ||||||
| 7 | current business and shall ensure that
agency electronic | ||||||
| 8 | records, as specified in Section 5-135 of the Electronic
| ||||||
| 9 | Commerce Security Act, are retained in a trustworthy manner | ||||||
| 10 | so that the
records, and the information contained in the | ||||||
| 11 | records, are accessible and
usable for reference
for the | ||||||
| 12 | duration of the retention period; all computer tape or disk | ||||||
| 13 | maintenance
and preservation procedures
must be fully | ||||||
| 14 | applied and, if equipment or programs providing access to | ||||||
| 15 | the
records are updated or replaced, the existing data must | ||||||
| 16 | remain accessible in
the successor format for the duration | ||||||
| 17 | of the approved retention period;
| ||||||
| 18 | (2) shall provide for cooperation with the Secretary in | ||||||
| 19 | appointing a
records officer and in applying
standards, | ||||||
| 20 | procedures, and techniques to improve the management of | ||||||
| 21 | records,
promote the maintenance and security of records | ||||||
| 22 | deemed appropriate for
preservation, and facilitate the | ||||||
| 23 | segregation and disposal of records of
temporary value; and
| ||||||
| 24 | (3) shall provide for compliance with the provisions of | ||||||
| 25 | this Act and the
rules and regulations issued thereunder. | ||||||
| 26 | If an agency has delegated its authority to retain records | ||||||
| |||||||
| |||||||
| 1 | to another agency, then the delegate agency shall maintain the | ||||||
| 2 | same, or a more diligent, record retention methodology and | ||||||
| 3 | record retention period as the original agency's program. If | ||||||
| 4 | the delegate is from the legislative or judicial branch, then | ||||||
| 5 | the delegate may use the same record retention methodology and | ||||||
| 6 | record retention period that the delegate uses for similar | ||||||
| 7 | records.
| ||||||
| 8 | (Source: P.A. 97-932, eff. 8-10-12; revised 10-13-15.)
| ||||||
| 9 | Section 30. The Filing of Copies Act is amended by changing | ||||||
| 10 | Section 2 as follows:
| ||||||
| 11 | (5 ILCS 165/2) (from Ch. 116, par. 102)
| ||||||
| 12 | Sec. 2.
In order to be acceptable for filing, reproduced | ||||||
| 13 | copies shall
conform to the following standards:
| ||||||
| 14 | (a) be Be facsimiles of the official form, produced by | ||||||
| 15 | photo-offset,
photoengraving, photocopying, or other | ||||||
| 16 | similar reproduction process;
| ||||||
| 17 | (b) be Be on paper of substantially the same weight and | ||||||
| 18 | texture and of a
quality at least as good as that used in | ||||||
| 19 | the official form;
| ||||||
| 20 | (c) substantially Substantially duplicate the colors | ||||||
| 21 | of the official form;
| ||||||
| 22 | (d) have Have a high degree of legibility, both as to | ||||||
| 23 | the original form and
as to matter filled in; the . The | ||||||
| 24 | agency with which a report is required to be
filed may | ||||||
| |||||||
| |||||||
| 1 | reject any illegible reproduction and reject any process | ||||||
| 2 | which
fails to meet this standard;
| ||||||
| 3 | (e) be Be on paper perforated in the same manner as the | ||||||
| 4 | official form; and
| ||||||
| 5 | (f) be Be of the same size as the official form, both | ||||||
| 6 | as to the dimensions
of the paper and the image produced.
| ||||||
| 7 | (Source: Laws 1961, p. 2551; revised 10-13-15.)
| ||||||
| 8 | Section 35. The Intergovernmental Cooperation Act is | ||||||
| 9 | amended by changing Section 3.5 as follows:
| ||||||
| 10 | (5 ILCS 220/3.5) (from Ch. 127, par. 743.5)
| ||||||
| 11 | Sec. 3.5.
Any expenditure of funds by a public agency | ||||||
| 12 | organized pursuant
to an intergovernmental agreement in | ||||||
| 13 | accordance with the provisions of this
Act and consisting of 5 | ||||||
| 14 | public agencies or less, except for an
intergovernmental risk | ||||||
| 15 | management association, self-insurance pool or
| ||||||
| 16 | self-administered health and accident cooperative or pool, | ||||||
| 17 | shall be in
accordance with the Illinois Purchasing Act if the | ||||||
| 18 | State is a party to the
agreement, and shall be in accordance | ||||||
| 19 | with any law or ordinance applicable
to the public agency with | ||||||
| 20 | the largest population which is a party to the
agreement if the | ||||||
| 21 | State is not a party to the agreement. If the State is
not a | ||||||
| 22 | party to the agreement and there is no such applicable law or
| ||||||
| 23 | ordinance, all purchases shall be subject to the provisions of | ||||||
| 24 | the Governmental Joint Purchasing Act "An Act
authorizing | ||||||
| |||||||
| |||||||
| 1 | certain governmental units to purchase personal property,
| ||||||
| 2 | supplies and services jointly", approved August 15, 1961, as | ||||||
| 3 | amended.
Such self-insurance or insurance pools may enter into | ||||||
| 4 | reinsurance
agreements for the protection of their members.
| ||||||
| 5 | (Source: P.A. 84-1431; revised 10-13-15.)
| ||||||
| 6 | Section 40. The Election Code is amended by changing | ||||||
| 7 | Sections 10-10, 11-6, and 19-12.1 as follows:
| ||||||
| 8 | (10 ILCS 5/10-10) (from Ch. 46, par. 10-10)
| ||||||
| 9 | Sec. 10-10. Within 24 hours after the receipt of the | ||||||
| 10 | certificate of
nomination or nomination papers or proposed | ||||||
| 11 | question of public
policy, as the case may be, and the | ||||||
| 12 | objector's petition, the chairman
of the electoral board other | ||||||
| 13 | than the State Board of Elections shall
send a call by | ||||||
| 14 | registered or certified mail to each of the members of the
| ||||||
| 15 | electoral board, and to the objector who filed the objector's | ||||||
| 16 | petition, and
either to the candidate whose certificate of | ||||||
| 17 | nomination or nomination
papers are objected to or to the | ||||||
| 18 | principal proponent or attorney for
proponents of a question of | ||||||
| 19 | public policy, as the case may be, whose
petitions are objected | ||||||
| 20 | to, and shall also cause the sheriff of the county
or counties | ||||||
| 21 | in which such officers and persons reside to serve a copy of
| ||||||
| 22 | such call upon each of such officers and persons, which call | ||||||
| 23 | shall set out
the fact that the electoral board is required to | ||||||
| 24 | meet to hear and pass upon
the objections to nominations made | ||||||
| |||||||
| |||||||
| 1 | for the office, designating it, and
shall state the day, hour | ||||||
| 2 | and place at which the electoral board shall meet
for the | ||||||
| 3 | purpose, which place shall be in the
county court house in the | ||||||
| 4 | county in the case of the County Officers
Electoral Board, the | ||||||
| 5 | Municipal Officers Electoral Board, the Township
Officers | ||||||
| 6 | Electoral Board or the Education Officers Electoral Board, | ||||||
| 7 | except that the Municipal Officers Electoral Board, the | ||||||
| 8 | Township Officers Electoral Board, and the Education Officers | ||||||
| 9 | Electoral Board may meet at the location where the governing | ||||||
| 10 | body of the municipality, township, or community college | ||||||
| 11 | district, respectively, holds its regularly scheduled | ||||||
| 12 | meetings, if that location is available; provided that voter | ||||||
| 13 | records may be removed from the offices of an election | ||||||
| 14 | authority only at the discretion and under the supervision of | ||||||
| 15 | the election authority.
In
those cases where the State Board of | ||||||
| 16 | Elections is the electoral board
designated under Section 10-9, | ||||||
| 17 | the chairman of the State Board of Elections
shall, within 24 | ||||||
| 18 | hours after the receipt of the certificate of nomination
or | ||||||
| 19 | nomination papers or petitions for a proposed amendment to | ||||||
| 20 | Article IV of
the Constitution or proposed statewide question | ||||||
| 21 | of public policy, send a
call by registered or certified mail | ||||||
| 22 | to the objector who files the
objector's petition, and either | ||||||
| 23 | to the candidate whose certificate of
nomination or nomination | ||||||
| 24 | papers are objected to or to the principal
proponent or | ||||||
| 25 | attorney for proponents of the proposed Constitutional
| ||||||
| 26 | amendment or statewide question of public policy and shall | ||||||
| |||||||
| |||||||
| 1 | state the day,
hour, and place at which the electoral board | ||||||
| 2 | shall meet for the purpose,
which place may be in the Capitol | ||||||
| 3 | Building or in the principal or permanent
branch office of the | ||||||
| 4 | State Board. The day of the meeting shall not be less
than 3 | ||||||
| 5 | nor more than 5 days after the receipt of the certificate of
| ||||||
| 6 | nomination or nomination papers and the objector's petition by | ||||||
| 7 | the chairman
of the electoral board.
| ||||||
| 8 | The electoral board shall have the power to administer | ||||||
| 9 | oaths and to
subpoena and examine witnesses and, at the request | ||||||
| 10 | of either party and only upon a vote by a majority of its | ||||||
| 11 | members, may authorize the
chairman to issue subpoenas | ||||||
| 12 | requiring the attendance of witnesses and
subpoenas duces tecum | ||||||
| 13 | requiring the production of such books, papers,
records and | ||||||
| 14 | documents as may be evidence of any matter under inquiry
before | ||||||
| 15 | the electoral board, in the same manner as witnesses are
| ||||||
| 16 | subpoenaed in the Circuit Court.
| ||||||
| 17 | Service of such subpoenas shall be made by any sheriff or | ||||||
| 18 | other
person in the same manner as in cases in such court and | ||||||
| 19 | the fees of such
sheriff shall be the same as is provided by | ||||||
| 20 | law, and shall be paid by
the objector or candidate who causes | ||||||
| 21 | the issuance of the subpoena. In
case any person so served | ||||||
| 22 | shall knowingly neglect or refuse to obey any
such subpoena, or | ||||||
| 23 | to testify, the electoral board shall at once file a
petition | ||||||
| 24 | in the circuit court of the county in which such hearing is to
| ||||||
| 25 | be heard, or has been attempted to be heard, setting forth the | ||||||
| 26 | facts, of
such knowing refusal or neglect, and accompanying the | ||||||
| |||||||
| |||||||
| 1 | petition with a
copy of the citation and the answer, if one has | ||||||
| 2 | been filed, together
with a copy of the subpoena and the return | ||||||
| 3 | of service thereon, and shall
apply for an order of court | ||||||
| 4 | requiring such person to attend and testify,
and forthwith | ||||||
| 5 | produce books and papers, before the electoral board. Any
| ||||||
| 6 | circuit court of the state, excluding the judge who is sitting | ||||||
| 7 | on the electoral
board, upon such showing shall order such | ||||||
| 8 | person to appear and testify,
and to forthwith produce such | ||||||
| 9 | books and papers, before the electoral board
at a place to be | ||||||
| 10 | fixed by the court. If such person shall knowingly fail
or | ||||||
| 11 | refuse to obey such order of the court without lawful excuse, | ||||||
| 12 | the court
shall punish him or her by fine and imprisonment, as | ||||||
| 13 | the nature of the case
may require and may be lawful in cases | ||||||
| 14 | of contempt of court.
| ||||||
| 15 | The electoral board on the first day of its meeting shall | ||||||
| 16 | adopt rules
of procedure for the introduction of evidence and | ||||||
| 17 | the presentation of
arguments and may, in its discretion, | ||||||
| 18 | provide for the filing of briefs
by the parties to the | ||||||
| 19 | objection or by other interested persons.
| ||||||
| 20 | In the event of a State Electoral Board hearing on | ||||||
| 21 | objections to a
petition for an amendment to Article IV of the | ||||||
| 22 | Constitution
pursuant to Section 3 of Article XIV of the | ||||||
| 23 | Constitution, or to a
petition for a question of public policy | ||||||
| 24 | to be submitted to the
voters of the entire State, the | ||||||
| 25 | certificates of the county clerks and boards
of election | ||||||
| 26 | commissioners showing the results of the random sample of
| ||||||
| |||||||
| |||||||
| 1 | signatures on the petition shall be prima facie valid and | ||||||
| 2 | accurate, and
shall be presumed to establish the number of | ||||||
| 3 | valid and invalid
signatures on the petition sheets reviewed in | ||||||
| 4 | the random sample, as prescribed
in Section 28-11 and 28-12 of | ||||||
| 5 | this Code. Either party, however, may introduce
evidence at | ||||||
| 6 | such hearing to dispute the findings as to particular | ||||||
| 7 | signatures.
In addition to the foregoing, in the absence of | ||||||
| 8 | competent evidence presented
at such hearing by a party | ||||||
| 9 | substantially challenging the results of a random
sample, or | ||||||
| 10 | showing a different result obtained by an additional sample,
| ||||||
| 11 | this certificate of a county clerk or board of election | ||||||
| 12 | commissioners shall
be presumed to establish the ratio of valid | ||||||
| 13 | to invalid signatures within
the particular election | ||||||
| 14 | jurisdiction.
| ||||||
| 15 | The electoral board shall take up the question as to | ||||||
| 16 | whether or not
the certificate of nomination or nomination | ||||||
| 17 | papers or petitions are in
proper form, and whether or not they | ||||||
| 18 | were filed within the time and
under the conditions required by | ||||||
| 19 | law, and whether or not they are the
genuine certificate of | ||||||
| 20 | nomination or nomination papers or petitions
which they purport | ||||||
| 21 | to be, and whether or not in the case of the
certificate of | ||||||
| 22 | nomination in question it represents accurately the
decision of | ||||||
| 23 | the caucus or convention issuing it, and in general shall
| ||||||
| 24 | decide whether or not the certificate of nomination or | ||||||
| 25 | nominating papers
or petitions on file are valid or whether the | ||||||
| 26 | objections thereto should
be sustained and the decision of a | ||||||
| |||||||
| |||||||
| 1 | majority of the electoral board shall
be final subject to | ||||||
| 2 | judicial review as provided in Section 10-10.1. The
electoral | ||||||
| 3 | board must state its findings in writing and must state in
| ||||||
| 4 | writing which objections, if any, it has sustained. A copy of | ||||||
| 5 | the decision shall be served upon the parties to the | ||||||
| 6 | proceedings in open proceedings before the electoral board. If | ||||||
| 7 | a party does not appear for receipt of the decision, the | ||||||
| 8 | decision shall be deemed to have been served on the absent | ||||||
| 9 | party on the date when a copy of the decision is personally | ||||||
| 10 | delivered or on the date when a copy of the decision is | ||||||
| 11 | deposited in the United Unites States mail, in a sealed | ||||||
| 12 | envelope or package, with postage prepaid, addressed to each | ||||||
| 13 | party affected by the decision or to such party's attorney of | ||||||
| 14 | record, if any, at the address on record for such person in the | ||||||
| 15 | files of the electoral board.
| ||||||
| 16 | Upon the expiration of the period within which a proceeding | ||||||
| 17 | for
judicial review must be commenced under Section 10-10.1, | ||||||
| 18 | the electoral
board shall, unless a proceeding for judicial | ||||||
| 19 | review has been commenced
within such period, transmit, by | ||||||
| 20 | registered or certified mail, a
certified copy of its ruling, | ||||||
| 21 | together with the original certificate of
nomination or | ||||||
| 22 | nomination papers or petitions and the original objector's
| ||||||
| 23 | petition, to the officer or board with whom the certificate of
| ||||||
| 24 | nomination or nomination papers or petitions, as objected to, | ||||||
| 25 | were on
file, and such officer or board shall abide by and | ||||||
| 26 | comply with the
ruling so made to all intents and purposes.
| ||||||
| |||||||
| |||||||
| 1 | (Source: P.A. 98-115, eff. 7-29-13; 98-691, eff. 7-1-14; 99-78, | ||||||
| 2 | eff. 7-20-15; revised 10-14-15.)
| ||||||
| 3 | (10 ILCS 5/11-6) (from Ch. 46, par. 11-6)
| ||||||
| 4 | Sec. 11-6.
Within 60 days after July 1, 2014 (the effective | ||||||
| 5 | date of Public Act 98-691) this amendatory Act of the 98th | ||||||
| 6 | General Assembly, each election authority shall transmit to the | ||||||
| 7 | principal office of the State Board of
Elections and publish on | ||||||
| 8 | any website maintained by the election authority maps in | ||||||
| 9 | electronic portable document format (PDF) (.PDF) showing the | ||||||
| 10 | current boundaries of all the precincts within its | ||||||
| 11 | jurisdiction. Whenever election precincts in an election | ||||||
| 12 | jurisdiction have been redivided or readjusted, the county | ||||||
| 13 | board or board of election commissioners shall prepare maps in | ||||||
| 14 | electronic portable document format (PDF) (.PDF) showing such | ||||||
| 15 | election precinct boundaries no later than 90 days before the | ||||||
| 16 | next scheduled election. The maps shall show the boundaries of | ||||||
| 17 | all political subdivisions and districts. The county board or | ||||||
| 18 | board of election commissioners shall immediately forward | ||||||
| 19 | copies thereof to the chairman of each county central committee | ||||||
| 20 | in the county, to each township, ward, or precinct | ||||||
| 21 | committeeman, and each local election official whose political | ||||||
| 22 | subdivision is wholly or partly in the county and, upon | ||||||
| 23 | request, shall furnish copies thereof to each candidate for | ||||||
| 24 | political or public office in the county and shall transmit | ||||||
| 25 | copies thereof to the principal office of the State Board of | ||||||
| |||||||
| |||||||
| 1 | Elections and publish copies thereof on any website maintained | ||||||
| 2 | by the election authority.
| ||||||
| 3 | (Source: P.A. 98-691, eff. 7-1-14; revised 10-14-15.)
| ||||||
| 4 | (10 ILCS 5/19-12.1) (from Ch. 46, par. 19-12.1)
| ||||||
| 5 | Sec. 19-12.1.
Any qualified elector who has secured an | ||||||
| 6 | Illinois
Person with a Disability Identification Card in | ||||||
| 7 | accordance with the Illinois
Identification Card Act, | ||||||
| 8 | indicating that the person named thereon has a Class
1A or | ||||||
| 9 | Class 2 disability or any qualified voter who has a permanent | ||||||
| 10 | physical
incapacity of such a nature as to make it improbable | ||||||
| 11 | that he will be
able to be present at the polls at any future | ||||||
| 12 | election, or any
voter who is a resident of (i) a federally | ||||||
| 13 | operated veterans' home, hospital, or facility located in | ||||||
| 14 | Illinois or (ii) a facility licensed or certified pursuant to
| ||||||
| 15 | the Nursing Home Care Act, the Specialized Mental Health | ||||||
| 16 | Rehabilitation Act of 2013, the ID/DD Community Care Act, or | ||||||
| 17 | the MC/DD Act and has a condition or disability of
such a | ||||||
| 18 | nature as to make it improbable that he will be able to be | ||||||
| 19 | present
at the polls at any future election, may secure a | ||||||
| 20 | voter's identification card for persons with disabilities or a
| ||||||
| 21 | nursing home resident's identification card, which will enable | ||||||
| 22 | him to vote
under this Article as a physically incapacitated or | ||||||
| 23 | nursing home voter. For the purposes of this Section, | ||||||
| 24 | "federally operated veterans' home, hospital, or facility" | ||||||
| 25 | means the long-term care facilities at the Jesse Brown VA | ||||||
| |||||||
| |||||||
| 1 | Medical Center, Illiana Health Care System, Edward Hines, Jr. | ||||||
| 2 | VA Hospital, Marion VA Medical Center, and Captain James A. | ||||||
| 3 | Lovell Federal Health Care Center.
| ||||||
| 4 | Application for a voter's identification card for persons | ||||||
| 5 | with disabilities or a nursing home resident's
identification | ||||||
| 6 | card shall be made either: (a) in writing, with voter's
sworn | ||||||
| 7 | affidavit, to the county clerk or board of election | ||||||
| 8 | commissioners, as
the case may be, and shall be accompanied
by | ||||||
| 9 | the affidavit of the attending physician specifically | ||||||
| 10 | describing the
nature of the physical incapacity or the fact | ||||||
| 11 | that the voter is a nursing
home resident and is physically | ||||||
| 12 | unable to be present at the polls on election
days; or (b) by | ||||||
| 13 | presenting, in writing or otherwise, to the county clerk
or | ||||||
| 14 | board of election commissioners, as the case may be, proof that | ||||||
| 15 | the
applicant has secured an Illinois Person with a Disability | ||||||
| 16 | Identification Card
indicating that the person named thereon | ||||||
| 17 | has a Class 1A or Class 2 disability.
Upon the receipt of | ||||||
| 18 | either the sworn-to
application and the physician's affidavit | ||||||
| 19 | or proof that the applicant has
secured an Illinois Person with | ||||||
| 20 | a Disability Identification Card indicating that the
person | ||||||
| 21 | named thereon has a Class 1A or Class 2 disability, the county | ||||||
| 22 | clerk
or board of election commissioners shall issue a voter's | ||||||
| 23 | identification card for persons with disabilities or a
nursing | ||||||
| 24 | home resident's identification
card. Such identification cards | ||||||
| 25 | shall be issued for a
period of 5 years, upon the expiration of | ||||||
| 26 | which time the voter may
secure a new card by making | ||||||
| |||||||
| |||||||
| 1 | application in the same manner as is
prescribed for the | ||||||
| 2 | issuance of an original card, accompanied by a new
affidavit of | ||||||
| 3 | the attending physician. The date of expiration of such
| ||||||
| 4 | five-year period shall be made known to any interested person | ||||||
| 5 | by the
election authority upon the request of such person. | ||||||
| 6 | Applications for the
renewal of the identification cards shall | ||||||
| 7 | be mailed to the voters holding
such cards not less than 3 | ||||||
| 8 | months prior to the date of expiration of the cards.
| ||||||
| 9 | Each voter's identification card for persons with | ||||||
| 10 | disabilities or nursing home resident's identification card
| ||||||
| 11 | shall bear an identification number, which shall be clearly | ||||||
| 12 | noted on the voter's
original and duplicate registration record | ||||||
| 13 | cards. In the event the
holder becomes physically capable of | ||||||
| 14 | resuming normal voting, he must
surrender his voter's | ||||||
| 15 | identification card for persons with disabilities or nursing | ||||||
| 16 | home resident's identification
card to the county clerk or | ||||||
| 17 | board of election commissioners before the next election.
| ||||||
| 18 | The holder of a voter's identification card for persons | ||||||
| 19 | with disabilities or a nursing home resident's
identification | ||||||
| 20 | card may make application by mail for an official ballot
within | ||||||
| 21 | the time prescribed by Section 19-2. Such application shall | ||||||
| 22 | contain
the same information as is
included in the form of | ||||||
| 23 | application for ballot by a physically
incapacitated elector | ||||||
| 24 | prescribed in Section 19-3 except that it shall
also include | ||||||
| 25 | the applicant's voter's identification card for persons with | ||||||
| 26 | disabilities card number
and except that it need not be sworn | ||||||
| |||||||
| |||||||
| 1 | to. If an examination of the records
discloses that the | ||||||
| 2 | applicant is lawfully entitled to vote, he shall be
mailed a | ||||||
| 3 | ballot as provided in Section 19-4. The ballot envelope shall
| ||||||
| 4 | be the same as that prescribed in Section 19-5 for voters with | ||||||
| 5 | physical disabilities, and the manner of voting and returning | ||||||
| 6 | the ballot shall be the
same as that provided in this Article | ||||||
| 7 | for other vote by mail ballots, except
that a statement to be | ||||||
| 8 | subscribed to by the voter but which need not be
sworn to shall | ||||||
| 9 | be placed on the ballot envelope in lieu of the affidavit
| ||||||
| 10 | prescribed by Section 19-5.
| ||||||
| 11 | Any person who knowingly subscribes to a false statement in
| ||||||
| 12 | connection with voting under this Section shall be guilty of a | ||||||
| 13 | Class A
misdemeanor.
| ||||||
| 14 | For the purposes of this Section, "nursing home resident" | ||||||
| 15 | includes a resident of (i) a federally operated veterans' home, | ||||||
| 16 | hospital, or facility located in Illinois or (ii) a facility | ||||||
| 17 | licensed under the ID/DD Community Care Act, the MC/DD Act, or | ||||||
| 18 | the Specialized Mental Health Rehabilitation Act of 2013. For | ||||||
| 19 | the purposes of this Section, "federally operated veterans' | ||||||
| 20 | home, hospital, or facility" means the long-term care | ||||||
| 21 | facilities at the Jesse Brown VA Medical Center, Illiana Health | ||||||
| 22 | Care System, Edward Hines, Jr. VA Hospital, Marion VA Medical | ||||||
| 23 | Center, and Captain James A. Lovell Federal Health Care Center. | ||||||
| 24 | (Source: P.A. 98-104, eff. 7-22-13; 98-1171, eff. 6-1-15; | ||||||
| 25 | 99-143, eff. 7-27-15; 99-180, eff. 7-29-15; revised 10-14-15.)
| ||||||
| |||||||
| |||||||
| 1 | Section 45. The Secretary of State Merit Employment Code is | ||||||
| 2 | amended by changing Section 10a as follows:
| ||||||
| 3 | (15 ILCS 310/10a) (from Ch. 124, par. 110a)
| ||||||
| 4 | Sec. 10a. Jurisdiction A - classification and pay. For | ||||||
| 5 | positions in the
Office of the Secretary of State with respect | ||||||
| 6 | to the classification and pay:
| ||||||
| 7 | (1) For the preparation, maintenance, and revision by | ||||||
| 8 | the Director, subject
to approval by the Commission, of a | ||||||
| 9 | position classification plan for all
positions subject to | ||||||
| 10 | this Act, based upon similarity of duties performed,
| ||||||
| 11 | responsibilities assigned, and conditions of employment so | ||||||
| 12 | that the same
schedule of pay may be equitably applied to | ||||||
| 13 | all positions in the same class.
Unless the Commission | ||||||
| 14 | disapproves such classification plan or any revision
| ||||||
| 15 | thereof within 30 calendar days, the Director shall | ||||||
| 16 | allocate every such
position to one of the classes in the | ||||||
| 17 | plan. Any employee affected by the
allocation of a position | ||||||
| 18 | to a class shall after filing with the Director
of | ||||||
| 19 | Personnel within 30 calendar days of the allocation a | ||||||
| 20 | request for reconsideration
thereof in such manner and form | ||||||
| 21 | as the Director may prescribe, be given
a reasonable | ||||||
| 22 | opportunity to be heard by the Director. If the employee | ||||||
| 23 | does
not accept the decision of the Director he may, within | ||||||
| 24 | 15 calendar days
after receipt of the reconsidered | ||||||
| 25 | decision, appeal to the Merit Commission.
| ||||||
| |||||||
| |||||||
| 1 | (2) For a pay plan to be prepared by the Director for | ||||||
| 2 | all employees subject
to this Act. Such pay plan may | ||||||
| 3 | include provisions for uniformity of starting
pay, an | ||||||
| 4 | increment plan, area differentials, a delay not to exceed | ||||||
| 5 | one year
in the reduction of the pay of employees whose | ||||||
| 6 | positions are reduced in
rank or grade by reallocation | ||||||
| 7 | because of a loss of duties or responsibilities
after their | ||||||
| 8 | appointments to such positions, prevailing rates of wages | ||||||
| 9 | in
those classifications in which employers are now paying | ||||||
| 10 | or may hereafter
pay such rates of wage and other | ||||||
| 11 | provisions. Such pay plan shall become
effective only after | ||||||
| 12 | it has been approved by the Secretary of State. Amendments
| ||||||
| 13 | to the pay plan will be made in the same manner. Such pay | ||||||
| 14 | plan shall provide
that each employee shall be paid at one | ||||||
| 15 | of the rates set forth in the pay
plan for the class of | ||||||
| 16 | position in which he is employed. Such pay plan shall
| ||||||
| 17 | provide for a fair and reasonable compensation for far | ||||||
| 18 | services rendered.
| ||||||
| 19 | (Source: P.A. 80-13; revised 10-13-15.)
| ||||||
| 20 | Section 50. The Illinois Identification Card Act is amended | ||||||
| 21 | by changing Sections 2, 4, and 14C as follows:
| ||||||
| 22 | (15 ILCS 335/2) (from Ch. 124, par. 22)
| ||||||
| 23 | Sec. 2. Administration and powers and duties of the | ||||||
| 24 | Administrator. | ||||||
| |||||||
| |||||||
| 1 | (a) The Secretary of State is the Administrator of this | ||||||
| 2 | Act, and he is
charged with the duty of observing, | ||||||
| 3 | administering and enforcing the
provisions of this Act.
| ||||||
| 4 | (b) The Secretary is vested with the powers and duties for | ||||||
| 5 | the
proper administration of this Act as follows:
| ||||||
| 6 | 1. He shall organize the administration of this Act as | ||||||
| 7 | he may deem
necessary and appoint such subordinate | ||||||
| 8 | officers, clerks and other
employees as may be necessary.
| ||||||
| 9 | 2. From time to time, he may make, amend or rescind | ||||||
| 10 | rules and
regulations as may be in the public interest to | ||||||
| 11 | implement the Act.
| ||||||
| 12 | 3. He may prescribe or provide suitable forms as | ||||||
| 13 | necessary, including
such forms as are necessary to | ||||||
| 14 | establish that an applicant for an Illinois
Person with a | ||||||
| 15 | Disability Identification Card is a "person with a | ||||||
| 16 | disability" as defined in
Section 4A of this Act, and | ||||||
| 17 | establish that an applicant for a State identification card | ||||||
| 18 | is a "homeless person" as defined in Section 1A of this | ||||||
| 19 | Act.
| ||||||
| 20 | 4. He may prepare under the seal of the Secretary of | ||||||
| 21 | State certified
copies of any records utilized under this | ||||||
| 22 | Act and any such certified
copy shall be admissible in any | ||||||
| 23 | proceeding in any court in like manner
as the original | ||||||
| 24 | thereof.
| ||||||
| 25 | 5. Records compiled under this Act shall be maintained | ||||||
| 26 | for 6 years,
but the Secretary may destroy such records | ||||||
| |||||||
| |||||||
| 1 | with the prior approval of
the State Records Commission.
| ||||||
| 2 | 6. He shall examine and determine the genuineness, | ||||||
| 3 | regularity and
legality of every application filed with him | ||||||
| 4 | under this Act, and he may
in all cases investigate the | ||||||
| 5 | same, require additional information or
proof or | ||||||
| 6 | documentation from any applicant.
| ||||||
| 7 | 7. He shall require the payment of all fees prescribed | ||||||
| 8 | in this Act,
and all such fees received by him shall be | ||||||
| 9 | placed in the Road Fund of the
State treasury except as | ||||||
| 10 | otherwise provided in Section 12 of this Act. Whenever any | ||||||
| 11 | application to the Secretary for an identification card | ||||||
| 12 | under this Act is accompanied by any fee, as required by | ||||||
| 13 | law, and the application is denied after a review of | ||||||
| 14 | eligibility, which may include facial recognition | ||||||
| 15 | comparison, the applicant shall not be entitled to a refund | ||||||
| 16 | of any fees paid.
| ||||||
| 17 | (Source: P.A. 99-143, eff. 7-27-15; 99-305, eff. 1-1-16; | ||||||
| 18 | revised 10-14-15.)
| ||||||
| 19 | (15 ILCS 335/4) (from Ch. 124, par. 24)
| ||||||
| 20 | Sec. 4. Identification Card.
| ||||||
| 21 | (a) The Secretary of State shall issue a
standard Illinois | ||||||
| 22 | Identification Card to any natural person who is a resident
of | ||||||
| 23 | the State of Illinois who applies for such card, or renewal | ||||||
| 24 | thereof,
or who applies for a standard Illinois Identification | ||||||
| 25 | Card upon release as a
committed person on parole, mandatory | ||||||
| |||||||
| |||||||
| 1 | supervised release, aftercare release, final discharge, or
| ||||||
| 2 | pardon from the Department of Corrections or Department of | ||||||
| 3 | Juvenile Justice by submitting an identification card
issued by | ||||||
| 4 | the Department of Corrections or Department of Juvenile Justice | ||||||
| 5 | under Section 3-14-1 or Section 3-2.5-70 of the Unified
Code of | ||||||
| 6 | Corrections,
together with the prescribed fees. No | ||||||
| 7 | identification card shall be issued to any person who holds a | ||||||
| 8 | valid
foreign state
identification card, license, or permit | ||||||
| 9 | unless the person first surrenders to
the Secretary of
State | ||||||
| 10 | the valid foreign state identification card, license, or | ||||||
| 11 | permit. The card shall be prepared and
supplied by the | ||||||
| 12 | Secretary of State and shall include a photograph and signature | ||||||
| 13 | or mark of the
applicant. However, the Secretary of State may | ||||||
| 14 | provide by rule for the issuance of Illinois Identification | ||||||
| 15 | Cards without photographs if the applicant has a bona fide | ||||||
| 16 | religious objection to being photographed or to the display of | ||||||
| 17 | his or her photograph. The Illinois Identification Card may be | ||||||
| 18 | used for
identification purposes in any lawful situation only | ||||||
| 19 | by the person to
whom it was issued.
As used in this Act, | ||||||
| 20 | "photograph" means any color photograph or digitally
produced | ||||||
| 21 | and captured image of an applicant for an identification card. | ||||||
| 22 | As
used in this Act, "signature" means the name of a person as | ||||||
| 23 | written by that
person and captured in a manner acceptable to | ||||||
| 24 | the Secretary of State. | ||||||
| 25 | (a-5) If an applicant for an identification card has a | ||||||
| 26 | current driver's license or instruction permit issued by the | ||||||
| |||||||
| |||||||
| 1 | Secretary of State, the Secretary may require the applicant to | ||||||
| 2 | utilize the same residence address and name on the | ||||||
| 3 | identification card, driver's license, and instruction permit | ||||||
| 4 | records maintained by the Secretary. The Secretary may | ||||||
| 5 | promulgate rules to implement this provision.
| ||||||
| 6 | (a-10) If the applicant is a judicial officer as defined in | ||||||
| 7 | Section 1-10 of the Judicial Privacy Act or a peace officer, | ||||||
| 8 | the applicant may elect to have his or her office or work | ||||||
| 9 | address listed on the card instead of the applicant's residence | ||||||
| 10 | or mailing address. The Secretary may promulgate rules to | ||||||
| 11 | implement this provision. For the purposes of this subsection | ||||||
| 12 | (a-10), "peace officer" means any person who by virtue of his | ||||||
| 13 | or her office or public employment is vested by law with a duty | ||||||
| 14 | to maintain public order or to make arrests for a violation of | ||||||
| 15 | any penal statute of this State, whether that duty extends to | ||||||
| 16 | all violations or is limited to specific violations. | ||||||
| 17 | (a-15) The Secretary of State may provide for an expedited | ||||||
| 18 | process for the issuance of an Illinois Identification Card. | ||||||
| 19 | The Secretary shall charge an additional fee for the expedited | ||||||
| 20 | issuance of an Illinois Identification Card, to be set by rule, | ||||||
| 21 | not to exceed $75. All fees collected by the Secretary for | ||||||
| 22 | expedited Illinois Identification Card service shall be | ||||||
| 23 | deposited into the Secretary of State Special Services Fund. | ||||||
| 24 | The Secretary may adopt rules regarding the eligibility, | ||||||
| 25 | process, and fee for an expedited Illinois Identification Card. | ||||||
| 26 | If the Secretary of State determines that the volume of | ||||||
| |||||||
| |||||||
| 1 | expedited identification card requests received on a given day | ||||||
| 2 | exceeds the ability of the Secretary to process those requests | ||||||
| 3 | in an expedited manner, the Secretary may decline to provide | ||||||
| 4 | expedited services, and the additional fee for the expedited | ||||||
| 5 | service shall be refunded to the applicant. | ||||||
| 6 | (b) The Secretary of State shall issue a special Illinois
| ||||||
| 7 | Identification Card, which shall be known as an Illinois Person | ||||||
| 8 | with a Disability
Identification Card, to any natural person | ||||||
| 9 | who is a resident of the State
of Illinois, who is a person | ||||||
| 10 | with a disability as defined in Section 4A of this Act,
who | ||||||
| 11 | applies for such card, or renewal thereof. No Illinois Person | ||||||
| 12 | with a Disability Identification Card shall be issued to any | ||||||
| 13 | person who
holds a valid
foreign state identification card, | ||||||
| 14 | license, or permit unless the person first
surrenders to the
| ||||||
| 15 | Secretary of State the valid foreign state identification card, | ||||||
| 16 | license, or
permit. The Secretary of State
shall charge no fee | ||||||
| 17 | to issue such card. The card shall be prepared and
supplied by | ||||||
| 18 | the Secretary of State, and shall include a photograph and | ||||||
| 19 | signature or mark of the
applicant, a designation indicating | ||||||
| 20 | that the card is an Illinois
Person with a Disability | ||||||
| 21 | Identification Card, and shall include a comprehensible | ||||||
| 22 | designation
of the type and classification of the applicant's | ||||||
| 23 | disability as set out in
Section 4A of this Act. However, the | ||||||
| 24 | Secretary of State may provide by rule for the issuance of | ||||||
| 25 | Illinois Person with a Disability Identification Cards without | ||||||
| 26 | photographs if the applicant has a bona fide religious | ||||||
| |||||||
| |||||||
| 1 | objection to being photographed or to the display of his or her | ||||||
| 2 | photograph. If the applicant so requests, the card shall
| ||||||
| 3 | include a description of the applicant's disability and any | ||||||
| 4 | information
about the applicant's disability or medical | ||||||
| 5 | history which the Secretary
determines would be helpful to the | ||||||
| 6 | applicant in securing emergency medical
care. If a mark is used | ||||||
| 7 | in lieu of a signature, such mark
shall be affixed to the card | ||||||
| 8 | in the presence of two witnesses who attest to
the authenticity | ||||||
| 9 | of the mark. The Illinois
Person with a Disability | ||||||
| 10 | Identification Card may be used for identification purposes
in | ||||||
| 11 | any lawful situation by the person to whom it was issued.
| ||||||
| 12 | The Illinois Person with a Disability Identification Card | ||||||
| 13 | may be used as adequate
documentation of disability in lieu of | ||||||
| 14 | a physician's determination of
disability, a determination of | ||||||
| 15 | disability from a physician assistant, a determination of | ||||||
| 16 | disability from an advanced practice
nurse, or any
other | ||||||
| 17 | documentation
of disability whenever
any
State law
requires | ||||||
| 18 | that a person with a disability provide such documentation of | ||||||
| 19 | disability,
however an Illinois Person with a Disability | ||||||
| 20 | Identification Card shall not qualify
the cardholder to | ||||||
| 21 | participate in any program or to receive any benefit
which is | ||||||
| 22 | not available to all persons with like disabilities.
| ||||||
| 23 | Notwithstanding any other provisions of law, an Illinois Person | ||||||
| 24 | with a Disability
Identification Card, or evidence that the | ||||||
| 25 | Secretary of State has issued an
Illinois Person with a | ||||||
| 26 | Disability Identification Card, shall not be used by any
person | ||||||
| |||||||
| |||||||
| 1 | other than the person named on such card to prove that the | ||||||
| 2 | person
named on such card is a person with a disability or for | ||||||
| 3 | any other purpose unless the
card is used for the benefit of | ||||||
| 4 | the person named on such card, and the
person named on such | ||||||
| 5 | card consents to such use at the time the card is so used.
| ||||||
| 6 | An optometrist's determination of a visual disability | ||||||
| 7 | under Section 4A of this Act is acceptable as documentation for | ||||||
| 8 | the purpose of issuing an Illinois Person with a Disability | ||||||
| 9 | Identification Card. | ||||||
| 10 | When medical information is contained on an Illinois Person | ||||||
| 11 | with a Disability
Identification Card, the Office of the | ||||||
| 12 | Secretary of State shall not be
liable for any actions taken | ||||||
| 13 | based upon that medical information.
| ||||||
| 14 | (c) The Secretary of State shall provide
that each original | ||||||
| 15 | or renewal Illinois Identification Card or Illinois
Person with | ||||||
| 16 | a Disability Identification Card issued to a person under the | ||||||
| 17 | age of 21
shall be of a distinct nature from those Illinois | ||||||
| 18 | Identification Cards or
Illinois Person with a Disability | ||||||
| 19 | Identification Cards issued to individuals 21
years of age or | ||||||
| 20 | older. The color designated for Illinois Identification
Cards | ||||||
| 21 | or Illinois Person with a Disability Identification Cards for | ||||||
| 22 | persons under
the age of 21 shall be at the discretion of the | ||||||
| 23 | Secretary of State.
| ||||||
| 24 | (c-1) Each original or renewal Illinois
Identification | ||||||
| 25 | Card or Illinois Person with a Disability Identification Card | ||||||
| 26 | issued to
a person under the age of 21 shall display the date | ||||||
| |||||||
| |||||||
| 1 | upon which the person
becomes 18 years of age and the date upon | ||||||
| 2 | which the person becomes 21 years of
age.
| ||||||
| 3 | (c-3) The General Assembly recognizes the need to identify | ||||||
| 4 | military veterans living in this State for the purpose of | ||||||
| 5 | ensuring that they receive all of the services and benefits to | ||||||
| 6 | which they are legally entitled, including healthcare, | ||||||
| 7 | education assistance, and job placement. To assist the State in | ||||||
| 8 | identifying these veterans and delivering these vital services | ||||||
| 9 | and benefits, the Secretary of State is authorized to issue | ||||||
| 10 | Illinois Identification Cards and Illinois Person with a | ||||||
| 11 | Disability Identification Cards with the word "veteran" | ||||||
| 12 | appearing on the face of the cards. This authorization is | ||||||
| 13 | predicated on the unique status of veterans. The Secretary may | ||||||
| 14 | not issue any other identification card which identifies an | ||||||
| 15 | occupation, status, affiliation, hobby, or other unique | ||||||
| 16 | characteristics of the identification card holder which is | ||||||
| 17 | unrelated to the purpose of the identification card.
| ||||||
| 18 | (c-5) Beginning on or before July 1, 2015, the Secretary of | ||||||
| 19 | State shall designate a space on each original or renewal | ||||||
| 20 | identification card where, at the request of the applicant, the | ||||||
| 21 | word "veteran" shall be placed. The veteran designation shall | ||||||
| 22 | be available to a person identified as a veteran under | ||||||
| 23 | subsection (b) of Section 5 of this Act who was discharged or | ||||||
| 24 | separated under honorable conditions. | ||||||
| 25 | (d) The Secretary of State may issue a Senior Citizen
| ||||||
| 26 | discount card, to any natural person who is a resident of the | ||||||
| |||||||
| |||||||
| 1 | State of
Illinois who is 60 years of age or older and who | ||||||
| 2 | applies for such a card or
renewal thereof. The Secretary of | ||||||
| 3 | State shall charge no fee to issue such
card. The card shall be | ||||||
| 4 | issued in every county and applications shall be
made available | ||||||
| 5 | at, but not limited to, nutrition sites, senior citizen
centers | ||||||
| 6 | and Area Agencies on Aging. The applicant, upon receipt of such
| ||||||
| 7 | card and prior to its use for any purpose, shall have affixed | ||||||
| 8 | thereon in
the space provided therefor his signature or mark.
| ||||||
| 9 | (e) The Secretary of State, in his or her discretion, may | ||||||
| 10 | designate on each Illinois
Identification Card or Illinois | ||||||
| 11 | Person with a Disability Identification Card a space where the | ||||||
| 12 | card holder may place a sticker or decal, issued by the | ||||||
| 13 | Secretary of State, of uniform size as the Secretary may | ||||||
| 14 | specify, that shall indicate in appropriate language that the | ||||||
| 15 | card holder has renewed his or her Illinois
Identification Card | ||||||
| 16 | or Illinois Person with a Disability Identification Card. | ||||||
| 17 | (Source: P.A. 98-323, eff. 1-1-14; 98-463, eff. 8-16-13; | ||||||
| 18 | 98-558, eff. 1-1-14; 98-756, eff. 7-16-14; 99-143, eff. | ||||||
| 19 | 7-27-15; 99-173, eff. 7-29-15; 99-305, eff. 1-1-16; revised | ||||||
| 20 | 10-14-15.)
| ||||||
| 21 | (15 ILCS 335/14C) (from Ch. 124, par. 34C)
| ||||||
| 22 | Sec. 14C. Making false application or affidavit.
| ||||||
| 23 | (a) It is a violation of this Section for any person:
| ||||||
| 24 | 1. To display or present any document for the purpose | ||||||
| 25 | of making
application for an Illinois Identification Card | ||||||
| |||||||
| |||||||
| 1 | or Illinois Person with a Disability
Identification Card | ||||||
| 2 | knowing that such document contains false information
| ||||||
| 3 | concerning the identity of the applicant;
| ||||||
| 4 | 2. To accept or allow to be accepted any document | ||||||
| 5 | displayed or
presented for the purpose of making | ||||||
| 6 | application for an Illinois
Identification Card or | ||||||
| 7 | Illinois Person with a Disability Identification Card | ||||||
| 8 | knowing
that such document contains false information | ||||||
| 9 | concerning the identity identify of
the applicant;
| ||||||
| 10 | 3. To knowingly make any false affidavit or swear or | ||||||
| 11 | affirm falsely to any
matter or thing required by the terms | ||||||
| 12 | of this Act to be sworn to or affirmed.
| ||||||
| 13 | (b) Sentence.
| ||||||
| 14 | 1. Any person convicted of a violation of this Section | ||||||
| 15 | shall be guilty
of a Class 4 felony.
| ||||||
| 16 | 2. A person convicted of a second or subsequent | ||||||
| 17 | violation of this
Section shall be guilty of a Class 3 | ||||||
| 18 | felony.
| ||||||
| 19 | (c) This Section does not prohibit any lawfully authorized
| ||||||
| 20 | investigative, protective, law enforcement or other activity | ||||||
| 21 | of any agency
of the United States, State of Illinois or any | ||||||
| 22 | other state or political
subdivision thereof.
| ||||||
| 23 | (d) The Secretary of State may confiscate any suspected | ||||||
| 24 | fraudulent,
fictitious, or altered documents submitted by an | ||||||
| 25 | applicant
in support of an application for an Illinois | ||||||
| 26 | Identification Card or
Illinois Person with a Disability | ||||||
| |||||||
| |||||||
| 1 | Identification Card.
| ||||||
| 2 | (Source: P.A. 97-1064, eff. 1-1-13; revised 10-13-15.)
| ||||||
| 3 | Section 55. The Alcoholism and Other Drug Abuse and | ||||||
| 4 | Dependency Act is amended by changing Section 5-23 as follows:
| ||||||
| 5 | (20 ILCS 301/5-23) | ||||||
| 6 | Sec. 5-23. Drug Overdose Prevention Program. | ||||||
| 7 | (a) Reports of drug overdose. | ||||||
| 8 | (1) The Director of the Division of Alcoholism and | ||||||
| 9 | Substance Abuse shall publish annually a report on drug | ||||||
| 10 | overdose trends statewide that reviews State death rates | ||||||
| 11 | from available data to ascertain changes in the causes or | ||||||
| 12 | rates of fatal and nonfatal drug overdose. The report shall | ||||||
| 13 | also provide information on interventions that would be | ||||||
| 14 | effective in reducing the rate of fatal or nonfatal drug | ||||||
| 15 | overdose and shall include an analysis of drug overdose | ||||||
| 16 | information reported to the Department of Public Health | ||||||
| 17 | pursuant to subsection (e) of Section 3-3013 of the | ||||||
| 18 | Counties Code, Section 6.14g of the Hospital Licensing Act, | ||||||
| 19 | and subsection (j) of Section 22-30 of the School Code. | ||||||
| 20 | (2) The report may include: | ||||||
| 21 | (A) Trends in drug overdose death rates. | ||||||
| 22 | (B) Trends in emergency room utilization related | ||||||
| 23 | to drug overdose and the cost impact of emergency room | ||||||
| 24 | utilization. | ||||||
| |||||||
| |||||||
| 1 | (C) Trends in utilization of pre-hospital and | ||||||
| 2 | emergency services and the cost impact of emergency | ||||||
| 3 | services utilization. | ||||||
| 4 | (D) Suggested improvements in data collection. | ||||||
| 5 | (E) A description of other interventions effective | ||||||
| 6 | in reducing the rate of fatal or nonfatal drug | ||||||
| 7 | overdose. | ||||||
| 8 | (F) A description of efforts undertaken to educate | ||||||
| 9 | the public about unused medication and about how to | ||||||
| 10 | properly dispose of unused medication, including the | ||||||
| 11 | number of registered collection receptacles in this | ||||||
| 12 | State, mail-back programs, and drug take-back events. | ||||||
| 13 | (b) Programs; drug overdose prevention. | ||||||
| 14 | (1) The Director may establish a program to provide for | ||||||
| 15 | the production and publication, in electronic and other | ||||||
| 16 | formats, of drug overdose prevention, recognition, and | ||||||
| 17 | response literature. The Director may develop and | ||||||
| 18 | disseminate curricula for use by professionals, | ||||||
| 19 | organizations, individuals, or committees interested in | ||||||
| 20 | the prevention of fatal and nonfatal drug overdose, | ||||||
| 21 | including, but not limited to, drug users, jail and prison | ||||||
| 22 | personnel, jail and prison inmates, drug treatment | ||||||
| 23 | professionals, emergency medical personnel, hospital | ||||||
| 24 | staff, families and associates of drug users, peace | ||||||
| 25 | officers, firefighters, public safety officers, needle | ||||||
| 26 | exchange program staff, and other persons. In addition to | ||||||
| |||||||
| |||||||
| 1 | information regarding drug overdose prevention, | ||||||
| 2 | recognition, and response, literature produced by the | ||||||
| 3 | Department shall stress that drug use remains illegal and | ||||||
| 4 | highly dangerous and that complete abstinence from illegal | ||||||
| 5 | drug use is the healthiest choice. The literature shall | ||||||
| 6 | provide information and resources for substance abuse | ||||||
| 7 | treatment. | ||||||
| 8 | The Director may establish or authorize programs for | ||||||
| 9 | prescribing, dispensing, or distributing opioid | ||||||
| 10 | antagonists for the treatment of drug overdose. Such | ||||||
| 11 | programs may include the prescribing of opioid antagonists | ||||||
| 12 | for the treatment of drug overdose to a person who is not | ||||||
| 13 | at risk of opioid overdose but who, in the judgment of the | ||||||
| 14 | health care professional, may be in a position to assist | ||||||
| 15 | another individual during an opioid-related drug overdose | ||||||
| 16 | and who has received basic instruction on how to administer | ||||||
| 17 | an opioid antagonist. | ||||||
| 18 | (2) The Director may provide advice to State and local | ||||||
| 19 | officials on the growing drug overdose crisis, including | ||||||
| 20 | the prevalence of drug overdose incidents, programs | ||||||
| 21 | promoting the disposal of unused prescription drugs, | ||||||
| 22 | trends in drug overdose incidents, and solutions to the | ||||||
| 23 | drug overdose crisis. | ||||||
| 24 | (c) Grants. | ||||||
| 25 | (1) The Director may award grants, in accordance with | ||||||
| 26 | this subsection, to create or support local drug overdose | ||||||
| |||||||
| |||||||
| 1 | prevention, recognition, and response projects. Local | ||||||
| 2 | health departments, correctional institutions, hospitals, | ||||||
| 3 | universities, community-based organizations, and | ||||||
| 4 | faith-based organizations may apply to the Department for a | ||||||
| 5 | grant under this subsection at the time and in the manner | ||||||
| 6 | the Director prescribes. | ||||||
| 7 | (2) In awarding grants, the Director shall consider the | ||||||
| 8 | necessity for overdose prevention projects in various | ||||||
| 9 | settings and shall encourage all grant applicants to | ||||||
| 10 | develop interventions that will be effective and viable in | ||||||
| 11 | their local areas. | ||||||
| 12 | (3) The Director shall give preference for grants to | ||||||
| 13 | proposals that, in addition to providing life-saving | ||||||
| 14 | interventions and responses, provide information to drug | ||||||
| 15 | users on how to access drug treatment or other strategies | ||||||
| 16 | for abstaining from illegal drugs. The Director shall give | ||||||
| 17 | preference to proposals that include one or more of the | ||||||
| 18 | following elements: | ||||||
| 19 | (A) Policies and projects to encourage persons, | ||||||
| 20 | including drug users, to call 911 when they witness a | ||||||
| 21 | potentially fatal drug overdose. | ||||||
| 22 | (B) Drug overdose prevention, recognition, and | ||||||
| 23 | response education projects in drug treatment centers, | ||||||
| 24 | outreach programs, and other organizations that work | ||||||
| 25 | with, or have access to, drug users and their families | ||||||
| 26 | and communities. | ||||||
| |||||||
| |||||||
| 1 | (C) Drug overdose recognition and response | ||||||
| 2 | training, including rescue breathing, in drug | ||||||
| 3 | treatment centers and for other organizations that | ||||||
| 4 | work with, or have access to, drug users and their | ||||||
| 5 | families and communities. | ||||||
| 6 | (D) The production and distribution of targeted or | ||||||
| 7 | mass media materials on drug overdose prevention and | ||||||
| 8 | response, the potential dangers of keeping unused | ||||||
| 9 | prescription drugs in the home, and methods to properly | ||||||
| 10 | dispose of unused prescription drugs. | ||||||
| 11 | (E) Prescription and distribution of opioid | ||||||
| 12 | antagonists. | ||||||
| 13 | (F) The institution of education and training | ||||||
| 14 | projects on drug overdose response and treatment for | ||||||
| 15 | emergency services and law enforcement personnel. | ||||||
| 16 | (G) A system of parent, family, and survivor | ||||||
| 17 | education and mutual support groups. | ||||||
| 18 | (4) In addition to moneys appropriated by the General | ||||||
| 19 | Assembly, the Director may seek grants from private | ||||||
| 20 | foundations, the federal government, and other sources to | ||||||
| 21 | fund the grants under this Section and to fund an | ||||||
| 22 | evaluation of the programs supported by the grants. | ||||||
| 23 | (d) Health care professional prescription of opioid | ||||||
| 24 | antagonists. | ||||||
| 25 | (1) A health care professional who, acting in good | ||||||
| 26 | faith, directly or by standing order, prescribes or | ||||||
| |||||||
| |||||||
| 1 | dispenses an opioid antagonist to: (a) a patient who, in | ||||||
| 2 | the judgment of the health care professional, is capable of | ||||||
| 3 | administering the drug in an emergency, or (b) a person who | ||||||
| 4 | is not at risk of opioid overdose but who, in the judgment | ||||||
| 5 | of the health care professional, may be in a position to | ||||||
| 6 | assist another individual during an opioid-related drug | ||||||
| 7 | overdose and who has received basic instruction on how to | ||||||
| 8 | administer an opioid antagonist shall not, as a result of | ||||||
| 9 | his or her acts or omissions, be subject to: (i) any | ||||||
| 10 | disciplinary or other adverse action under the Medical | ||||||
| 11 | Practice Act of 1987, the Physician Assistant Practice Act | ||||||
| 12 | of 1987, the Nurse Practice Act, the Pharmacy Practice Act, | ||||||
| 13 | or any other professional licensing statute or (ii) any | ||||||
| 14 | criminal liability, except for willful and wanton | ||||||
| 15 | misconduct. | ||||||
| 16 | (2) A person who is not otherwise licensed to | ||||||
| 17 | administer an opioid antagonist may in an emergency | ||||||
| 18 | administer without fee an opioid antagonist if the person | ||||||
| 19 | has received the patient information specified in | ||||||
| 20 | paragraph (4) of this subsection and believes in good faith | ||||||
| 21 | that another person is experiencing a drug overdose. The | ||||||
| 22 | person shall not, as a result of his or her acts or | ||||||
| 23 | omissions, be (i) liable for any violation of the Medical | ||||||
| 24 | Practice Act of 1987, the Physician Assistant Practice Act | ||||||
| 25 | of 1987, the Nurse Practice Act, the Pharmacy Practice Act, | ||||||
| 26 | or any other professional licensing statute, or (ii) | ||||||
| |||||||
| |||||||
| 1 | subject to any criminal prosecution or civil liability, | ||||||
| 2 | except for willful and wanton misconduct. | ||||||
| 3 | (3) A health care professional prescribing an opioid | ||||||
| 4 | antagonist to a patient shall ensure that the patient | ||||||
| 5 | receives the patient information specified in paragraph | ||||||
| 6 | (4) of this subsection. Patient information may be provided | ||||||
| 7 | by the health care professional or a community-based | ||||||
| 8 | organization, substance abuse program, or other | ||||||
| 9 | organization with which the health care professional | ||||||
| 10 | establishes a written agreement that includes a | ||||||
| 11 | description of how the organization will provide patient | ||||||
| 12 | information, how employees or volunteers providing | ||||||
| 13 | information will be trained, and standards for documenting | ||||||
| 14 | the provision of patient information to patients. | ||||||
| 15 | Provision of patient information shall be documented in the | ||||||
| 16 | patient's medical record or through similar means as | ||||||
| 17 | determined by agreement between the health care | ||||||
| 18 | professional and the organization. The Director of the | ||||||
| 19 | Division of Alcoholism and Substance Abuse, in | ||||||
| 20 | consultation with statewide organizations representing | ||||||
| 21 | physicians, pharmacists, advanced practice nurses, | ||||||
| 22 | physician assistants, substance abuse programs, and other | ||||||
| 23 | interested groups, shall develop and disseminate to health | ||||||
| 24 | care professionals, community-based organizations, | ||||||
| 25 | substance abuse programs, and other organizations training | ||||||
| 26 | materials in video, electronic, or other formats to | ||||||
| |||||||
| |||||||
| 1 | facilitate the provision of such patient information. | ||||||
| 2 | (4) For the purposes of this subsection: | ||||||
| 3 | "Opioid antagonist" means a drug that binds to opioid | ||||||
| 4 | receptors and blocks or inhibits the effect of opioids | ||||||
| 5 | acting on those receptors, including, but not limited to, | ||||||
| 6 | naloxone hydrochloride or any other similarly acting drug | ||||||
| 7 | approved by the U.S. Food and Drug Administration. | ||||||
| 8 | "Health care professional" means a physician licensed | ||||||
| 9 | to practice medicine in all its branches, a licensed | ||||||
| 10 | physician assistant prescriptive authority, a licensed | ||||||
| 11 | advanced practice nurse prescriptive authority, or an | ||||||
| 12 | advanced practice nurse or physician assistant who | ||||||
| 13 | practices in a hospital, hospital affiliate, or ambulatory | ||||||
| 14 | surgical treatment center and possesses appropriate | ||||||
| 15 | clinical privileges in accordance with the Nurse Practice | ||||||
| 16 | Act, or a pharmacist licensed to practice pharmacy under | ||||||
| 17 | the Pharmacy Practice Act. | ||||||
| 18 | "Patient" includes a person who is not at risk of | ||||||
| 19 | opioid overdose but who, in the judgment of the physician, | ||||||
| 20 | may be in a position to assist another individual during an | ||||||
| 21 | overdose and who has received patient information as | ||||||
| 22 | required in paragraph (2) of this subsection on the | ||||||
| 23 | indications for and administration of an opioid | ||||||
| 24 | antagonist. | ||||||
| 25 | "Patient information" includes information provided to | ||||||
| 26 | the patient on drug overdose prevention and recognition; | ||||||
| |||||||
| |||||||
| 1 | how to perform rescue breathing and resuscitation; opioid | ||||||
| 2 | antagonist dosage and administration; the importance of | ||||||
| 3 | calling 911; care for the overdose victim after | ||||||
| 4 | administration of the overdose antagonist; and other | ||||||
| 5 | issues as necessary.
| ||||||
| 6 | (e) Drug overdose response policy. | ||||||
| 7 | (1) Every State and local government agency that | ||||||
| 8 | employs a law enforcement officer or fireman as those terms | ||||||
| 9 | are defined in the Line of Duty Compensation Act must | ||||||
| 10 | possess opioid antagonists and must establish a policy to | ||||||
| 11 | control the acquisition, storage, transportation, and | ||||||
| 12 | administration of such opioid antagonists and to provide | ||||||
| 13 | training in the administration of opioid antagonists. A | ||||||
| 14 | State or local government agency that employs a fireman as | ||||||
| 15 | defined in the Line of Duty Compensation Act but does not | ||||||
| 16 | respond to emergency medical calls or provide medical | ||||||
| 17 | services shall be exempt from this subsection. | ||||||
| 18 | (2) Every publicly or privately owned ambulance, | ||||||
| 19 | special emergency medical services vehicle, non-transport | ||||||
| 20 | vehicle, or ambulance assist vehicle, as described in the | ||||||
| 21 | Emergency Medical Services (EMS) Systems Act, which | ||||||
| 22 | responds to requests for emergency services or transports | ||||||
| 23 | patients between hospitals in emergency situations must | ||||||
| 24 | possess opioid antagonists. | ||||||
| 25 | (3) Entities that are required under paragraphs (1) and | ||||||
| 26 | (2) to possess opioid antagonists may also apply to the | ||||||
| |||||||
| |||||||
| 1 | Department for a grant to fund the acquisition of opioid | ||||||
| 2 | antagonists and training programs on the administration of | ||||||
| 3 | opioid antagonists. | ||||||
| 4 | (Source: P.A. 99-173, eff. 7-29-15; 99-480, eff. 9-9-15; | ||||||
| 5 | revised 10-19-15.)
| ||||||
| 6 | Section 60. The Children and Family Services Act is amended | ||||||
| 7 | by changing Section 7 as follows:
| ||||||
| 8 | (20 ILCS 505/7) (from Ch. 23, par. 5007)
| ||||||
| 9 | Sec. 7. Placement of children; considerations.
| ||||||
| 10 | (a) In placing any child under this Act, the Department | ||||||
| 11 | shall place the
child, as far as possible, in the care and | ||||||
| 12 | custody of some individual
holding the same religious belief as | ||||||
| 13 | the parents of the child, or with some
child care facility | ||||||
| 14 | which is operated by persons of like religious faith as
the | ||||||
| 15 | parents of such child.
| ||||||
| 16 | (a-5) In placing a child under this Act, the Department | ||||||
| 17 | shall place the child with the child's
sibling or siblings | ||||||
| 18 | under Section 7.4 of this Act unless the placement is not in | ||||||
| 19 | each child's best
interest, or is otherwise not possible under | ||||||
| 20 | the Department's rules. If the child is not
placed with a | ||||||
| 21 | sibling under the Department's rules, the Department shall | ||||||
| 22 | consider
placements that are likely to develop, preserve, | ||||||
| 23 | nurture, and support sibling relationships, where
doing so is | ||||||
| 24 | in each child's best interest. | ||||||
| |||||||
| |||||||
| 1 | (b) In placing a child under this Act, the Department may | ||||||
| 2 | place a child
with a relative if the Department determines that | ||||||
| 3 | the relative
will be able to adequately provide for the child's | ||||||
| 4 | safety and welfare based on the factors set forth in the | ||||||
| 5 | Department's rules governing relative placements, and that the | ||||||
| 6 | placement is consistent with the child's best interests, taking | ||||||
| 7 | into consideration the factors set out in subsection (4.05) of | ||||||
| 8 | Section 1-3 of the Juvenile Court Act of 1987. | ||||||
| 9 | When the Department first assumes custody of a child, in | ||||||
| 10 | placing that child under this Act, the Department shall make | ||||||
| 11 | reasonable efforts to identify, locate, and provide notice to | ||||||
| 12 | all adult grandparents and other adult relatives of the child | ||||||
| 13 | who are ready, willing, and able to care for the child. At a | ||||||
| 14 | minimum, these efforts shall be renewed each time the child | ||||||
| 15 | requires a placement change and it is appropriate for the child | ||||||
| 16 | to be cared for in a home environment. The Department must | ||||||
| 17 | document its efforts to identify, locate, and provide notice to | ||||||
| 18 | such potential relative placements and maintain the | ||||||
| 19 | documentation in the child's case file. | ||||||
| 20 | If the Department determines that a placement with any | ||||||
| 21 | identified relative is not in the child's best interests or | ||||||
| 22 | that the relative does not meet the requirements to be a | ||||||
| 23 | relative caregiver, as set forth in Department rules or by | ||||||
| 24 | statute, the Department must document the basis for that | ||||||
| 25 | decision and maintain the documentation in the child's case | ||||||
| 26 | file.
| ||||||
| |||||||
| |||||||
| 1 | If, pursuant to the Department's rules, any person files an | ||||||
| 2 | administrative appeal of the Department's decision not to place | ||||||
| 3 | a child with a relative, it is the Department's burden to prove | ||||||
| 4 | that the decision is consistent with the child's best | ||||||
| 5 | interests. | ||||||
| 6 | When the Department determines that the child requires | ||||||
| 7 | placement in an environment, other than a home environment, the | ||||||
| 8 | Department shall continue to make reasonable efforts to | ||||||
| 9 | identify and locate relatives to serve as visitation resources | ||||||
| 10 | for the child and potential future placement resources, except | ||||||
| 11 | when the Department determines that those efforts would be | ||||||
| 12 | futile or inconsistent with the child's best interests. | ||||||
| 13 | If the Department determines that efforts to identify and | ||||||
| 14 | locate relatives would be futile or inconsistent with the | ||||||
| 15 | child's best interests, the Department shall document the basis | ||||||
| 16 | of its determination and maintain the documentation in the | ||||||
| 17 | child's case file. | ||||||
| 18 | If the Department determines that an individual or a group | ||||||
| 19 | of relatives are inappropriate to serve as visitation resources | ||||||
| 20 | or possible placement resources, the Department shall document | ||||||
| 21 | the basis of its determination and maintain the documentation | ||||||
| 22 | in the child's case file. | ||||||
| 23 | When the Department determines that an individual or a | ||||||
| 24 | group of relatives are appropriate to serve as visitation | ||||||
| 25 | resources or possible future placement resources, the | ||||||
| 26 | Department shall document the basis of its determination, | ||||||
| |||||||
| |||||||
| 1 | maintain the documentation in the child's case file, create a | ||||||
| 2 | visitation or transition plan, or both, and incorporate the | ||||||
| 3 | visitation or transition plan, or both, into the child's case | ||||||
| 4 | plan. For the purpose of this subsection, any determination as | ||||||
| 5 | to the child's best interests shall include consideration of | ||||||
| 6 | the factors set out in subsection (4.05) of Section 1-3 of the | ||||||
| 7 | Juvenile Court Act of 1987.
| ||||||
| 8 | The Department may not place a child with a relative, with | ||||||
| 9 | the exception of
certain circumstances which may be waived as | ||||||
| 10 | defined by the Department in
rules, if the results of a check | ||||||
| 11 | of the Law Enforcement Agencies
Data System (LEADS) identifies | ||||||
| 12 | a prior criminal conviction of the relative or
any adult member | ||||||
| 13 | of the relative's household for any of the following offenses
| ||||||
| 14 | under the Criminal Code of 1961 or the Criminal Code of 2012:
| ||||||
| 15 | (1) murder;
| ||||||
| 16 | (1.1) solicitation of murder;
| ||||||
| 17 | (1.2) solicitation of murder for hire;
| ||||||
| 18 | (1.3) intentional homicide of an unborn child;
| ||||||
| 19 | (1.4) voluntary manslaughter of an unborn child;
| ||||||
| 20 | (1.5) involuntary manslaughter;
| ||||||
| 21 | (1.6) reckless homicide;
| ||||||
| 22 | (1.7) concealment of a homicidal death;
| ||||||
| 23 | (1.8) involuntary manslaughter of an unborn child;
| ||||||
| 24 | (1.9) reckless homicide of an unborn child;
| ||||||
| 25 | (1.10) drug-induced homicide;
| ||||||
| 26 | (2) a sex offense under Article 11, except offenses | ||||||
| |||||||
| |||||||
| 1 | described in Sections
11-7, 11-8, 11-12, 11-13, 11-35, | ||||||
| 2 | 11-40, and 11-45;
| ||||||
| 3 | (3) kidnapping;
| ||||||
| 4 | (3.1) aggravated unlawful restraint;
| ||||||
| 5 | (3.2) forcible detention;
| ||||||
| 6 | (3.3) aiding and abetting child abduction;
| ||||||
| 7 | (4) aggravated kidnapping;
| ||||||
| 8 | (5) child abduction;
| ||||||
| 9 | (6) aggravated battery of a child as described in | ||||||
| 10 | Section 12-4.3 or subdivision (b)(1) of Section 12-3.05;
| ||||||
| 11 | (7) criminal sexual assault;
| ||||||
| 12 | (8) aggravated criminal sexual assault;
| ||||||
| 13 | (8.1) predatory criminal sexual assault of a child;
| ||||||
| 14 | (9) criminal sexual abuse;
| ||||||
| 15 | (10) aggravated sexual abuse;
| ||||||
| 16 | (11) heinous battery as described in Section 12-4.1 or | ||||||
| 17 | subdivision (a)(2) of Section 12-3.05;
| ||||||
| 18 | (12) aggravated battery with a firearm as described in | ||||||
| 19 | Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3), or | ||||||
| 20 | (e)(4) of Section 12-3.05;
| ||||||
| 21 | (13) tampering with food, drugs, or cosmetics;
| ||||||
| 22 | (14) drug-induced infliction of great bodily harm as | ||||||
| 23 | described in Section 12-4.7 or subdivision (g)(1) of | ||||||
| 24 | Section 12-3.05;
| ||||||
| 25 | (15) aggravated stalking;
| ||||||
| 26 | (16) home invasion;
| ||||||
| |||||||
| |||||||
| 1 | (17) vehicular invasion;
| ||||||
| 2 | (18) criminal transmission of HIV;
| ||||||
| 3 | (19) criminal abuse or neglect of an elderly person or | ||||||
| 4 | person with a disability as described in Section 12-21 or | ||||||
| 5 | subsection (b) of Section 12-4.4a;
| ||||||
| 6 | (20) child abandonment;
| ||||||
| 7 | (21) endangering the life or health of a child;
| ||||||
| 8 | (22) ritual mutilation;
| ||||||
| 9 | (23) ritualized abuse of a child;
| ||||||
| 10 | (24) an offense in any other state the elements of | ||||||
| 11 | which are similar and
bear a substantial relationship to | ||||||
| 12 | any of the foregoing offenses.
| ||||||
| 13 | For the purpose of this subsection, "relative" shall | ||||||
| 14 | include
any person, 21 years of age or over, other than the | ||||||
| 15 | parent, who (i) is
currently related to the child in any of the | ||||||
| 16 | following ways by blood or
adoption: grandparent, sibling, | ||||||
| 17 | great-grandparent, uncle, aunt, nephew, niece,
first cousin, | ||||||
| 18 | second cousin, godparent, great-uncle, or great-aunt; or (ii) | ||||||
| 19 | is
the spouse of such a
relative; or (iii) is the child's | ||||||
| 20 | step-father, step-mother, or adult
step-brother or | ||||||
| 21 | step-sister; or (iv) is a fictive kin; "relative" also includes | ||||||
| 22 | a person related in any
of the foregoing ways to a sibling of a | ||||||
| 23 | child, even though the person is not
related to the child, when | ||||||
| 24 | the
child and its sibling are placed together with that person. | ||||||
| 25 | For children who have been in the guardianship of the | ||||||
| 26 | Department, have been adopted, and are subsequently returned to | ||||||
| |||||||
| |||||||
| 1 | the temporary custody or guardianship of the Department, a | ||||||
| 2 | "relative" may also include any person who would have qualified | ||||||
| 3 | as a relative under this paragraph prior to the adoption, but | ||||||
| 4 | only if the Department determines, and documents, that it would | ||||||
| 5 | be in the child's best interests to consider this person a | ||||||
| 6 | relative, based upon the factors for determining best interests | ||||||
| 7 | set forth in subsection (4.05) of Section 1-3 of the Juvenile | ||||||
| 8 | Court Act of 1987. A relative with
whom a child is placed | ||||||
| 9 | pursuant to this subsection may, but is not required to,
apply | ||||||
| 10 | for licensure as a foster family home pursuant to the Child | ||||||
| 11 | Care Act of
1969; provided, however, that as of July 1, 1995, | ||||||
| 12 | foster care payments shall be
made only to licensed foster | ||||||
| 13 | family homes pursuant to the terms of Section 5 of
this Act.
| ||||||
| 14 | Notwithstanding any other provision under this subsection | ||||||
| 15 | to the contrary, a fictive kin with whom a child is placed | ||||||
| 16 | pursuant to this subsection shall apply for licensure as a | ||||||
| 17 | foster family home pursuant to the Child Care Act of 1969 | ||||||
| 18 | within 6 months of the child's placement with the fictive kin. | ||||||
| 19 | The Department shall not remove a child from the home of a | ||||||
| 20 | fictive kin on the basis that the fictive kin fails to apply | ||||||
| 21 | for licensure within 6 months of the child's placement with the | ||||||
| 22 | fictive kin, or fails to meet the standard for licensure. All | ||||||
| 23 | other requirements established under the rules and procedures | ||||||
| 24 | of the Department concerning the placement of a child, for whom | ||||||
| 25 | the Department is legally responsible, with a relative shall | ||||||
| 26 | apply. By June 1, 2015, the Department shall promulgate rules | ||||||
| |||||||
| |||||||
| 1 | establishing criteria and standards for placement, | ||||||
| 2 | identification, and licensure of fictive kin. | ||||||
| 3 | For purposes of this subsection, "fictive kin" means any | ||||||
| 4 | individual, unrelated by birth or marriage, who is shown to | ||||||
| 5 | have close personal or emotional ties with the child or the | ||||||
| 6 | child's family prior to the child's placement with the | ||||||
| 7 | individual. | ||||||
| 8 | The provisions added to this subsection (b) by Public Act | ||||||
| 9 | 98-846 this amendatory Act of the 98th General Assembly shall | ||||||
| 10 | become operative on and after June 1, 2015. | ||||||
| 11 | (c) In placing a child under this Act, the Department shall | ||||||
| 12 | ensure that
the child's health, safety, and best interests are | ||||||
| 13 | met.
In rejecting placement of a child with an identified | ||||||
| 14 | relative, the Department shall ensure that the child's health, | ||||||
| 15 | safety, and best interests are met. In evaluating the best | ||||||
| 16 | interests of the child, the Department shall take into | ||||||
| 17 | consideration the factors set forth in subsection (4.05) of | ||||||
| 18 | Section 1-3 of the Juvenile Court Act of 1987.
| ||||||
| 19 | The Department shall consider the individual needs of the
| ||||||
| 20 | child and the capacity of the prospective foster or adoptive
| ||||||
| 21 | parents to meet the needs of the child. When a child must be | ||||||
| 22 | placed
outside his or her home and cannot be immediately | ||||||
| 23 | returned to his or her
parents or guardian, a comprehensive, | ||||||
| 24 | individualized assessment shall be
performed of that child at | ||||||
| 25 | which time the needs of the child shall be
determined. Only if | ||||||
| 26 | race, color, or national origin is identified as a
legitimate | ||||||
| |||||||
| |||||||
| 1 | factor in advancing the child's best interests shall it be
| ||||||
| 2 | considered. Race, color, or national origin shall not be | ||||||
| 3 | routinely
considered in making a placement decision. The | ||||||
| 4 | Department shall make
special
efforts for the diligent | ||||||
| 5 | recruitment of potential foster and adoptive families
that | ||||||
| 6 | reflect the ethnic and racial diversity of the children for | ||||||
| 7 | whom foster
and adoptive homes are needed. "Special efforts" | ||||||
| 8 | shall include contacting and
working with community | ||||||
| 9 | organizations and religious organizations and may
include | ||||||
| 10 | contracting with those organizations, utilizing local media | ||||||
| 11 | and other
local resources, and conducting outreach activities.
| ||||||
| 12 | (c-1) At the time of placement, the Department shall | ||||||
| 13 | consider concurrent
planning, as described in subsection (l-1) | ||||||
| 14 | of Section 5, so that permanency may
occur at the earliest | ||||||
| 15 | opportunity. Consideration should be given so that if
| ||||||
| 16 | reunification fails or is delayed, the placement made is the | ||||||
| 17 | best available
placement to provide permanency for the child.
| ||||||
| 18 | (d) The Department may accept gifts, grants, offers of | ||||||
| 19 | services, and
other contributions to use in making special | ||||||
| 20 | recruitment efforts.
| ||||||
| 21 | (e) The Department in placing children in adoptive or | ||||||
| 22 | foster care homes
may not, in any policy or practice relating | ||||||
| 23 | to the placement of children for
adoption or foster care, | ||||||
| 24 | discriminate against any child or prospective adoptive
or | ||||||
| 25 | foster parent on the basis of race.
| ||||||
| 26 | (Source: P.A. 98-846, eff. 1-1-15; 99-143, eff. 7-27-15; | ||||||
| |||||||
| |||||||
| 1 | 99-340, eff. 1-1-16; revised 10-19-15.)
| ||||||
| 2 | Section 65. The Department of Commerce and Economic | ||||||
| 3 | Opportunity Law of the
Civil Administrative Code of Illinois is | ||||||
| 4 | amended by changing Section 605-817 as follows:
| ||||||
| 5 | (20 ILCS 605/605-817) (was 20 ILCS 605/46.19k)
| ||||||
| 6 | Sec. 605-817. Family loan program.
| ||||||
| 7 | (a) From amounts appropriated for such purpose, the | ||||||
| 8 | Department in
consultation with the Department of Human | ||||||
| 9 | Services shall solicit proposals to
establish programs to be | ||||||
| 10 | known as family loan programs. Such programs shall
provide | ||||||
| 11 | small, no-interest loans to custodial parents with income below | ||||||
| 12 | 200% of
the federal poverty level and an who are working or | ||||||
| 13 | enrolled in a post-secondary
education program, to aid in | ||||||
| 14 | covering the costs of unexpected expenses that
could interfere | ||||||
| 15 | with their ability to maintain employment or continue
| ||||||
| 16 | education. Loans awarded through a family loan program may be | ||||||
| 17 | paid directly
to a third party on behalf of a loan recipient | ||||||
| 18 | and in either case shall not
constitute income or resources for | ||||||
| 19 | the purposes of public assistance and care
so long as the funds | ||||||
| 20 | are used for the intended purpose.
| ||||||
| 21 | (b) The Director shall enter into written agreements with | ||||||
| 22 | not-for-profit
organizations or local government agencies to | ||||||
| 23 | administer loan pools.
Agreements shall be entered into with no | ||||||
| 24 | more than 4 organizations or agencies,
no more than one of | ||||||
| |||||||
| |||||||
| 1 | which shall be located in the city of Chicago.
| ||||||
| 2 | (c) Program sites shall be approved based on the | ||||||
| 3 | demonstrated ability of the
organization or governmental | ||||||
| 4 | agency to secure funding from private or public
sources | ||||||
| 5 | sufficient to establish a loan pool to be maintained through | ||||||
| 6 | repayment
agreements entered into by eligible low-income | ||||||
| 7 | families. Funds awarded by the
Department to approved program | ||||||
| 8 | sites shall be used for the express purposes of
covering | ||||||
| 9 | staffing and administration costs associated with | ||||||
| 10 | administering the
loan pool.
| ||||||
| 11 | (Source: P.A. 91-372, eff. 1-1-00; 92-16, eff. 6-28-01; revised | ||||||
| 12 | 10-19-15.)
| ||||||
| 13 | Section 70. The Department of Natural Resources | ||||||
| 14 | (Conservation) Law of the
Civil Administrative Code of Illinois | ||||||
| 15 | is amended by changing Section 805-305 as follows:
| ||||||
| 16 | (20 ILCS 805/805-305) (was 20 ILCS 805/63a23)
| ||||||
| 17 | Sec. 805-305. Campsites and housing facilities. The
| ||||||
| 18 | Department has the power to provide facilities for
overnight | ||||||
| 19 | tent and trailer campsites camp sites and to provide suitable | ||||||
| 20 | housing
facilities for student and juvenile overnight camping | ||||||
| 21 | groups. The Department
of Natural Resources may regulate, by | ||||||
| 22 | administrative
order, the fees to be charged for tent and | ||||||
| 23 | trailer camping units at individual
park areas based upon the | ||||||
| 24 | facilities available. However, for campsites with
access to | ||||||
| |||||||
| |||||||
| 1 | showers or electricity, any Illinois resident who is age 62 or | ||||||
| 2 | older
or has a Class 2 disability as defined in Section 4A of | ||||||
| 3 | the Illinois
Identification Card Act shall be charged only | ||||||
| 4 | one-half of the camping fee
charged to the general public | ||||||
| 5 | during the period Monday through Thursday of any
week and shall | ||||||
| 6 | be charged the same camping fee as the general public on all
| ||||||
| 7 | other days. For campsites without access to showers or | ||||||
| 8 | electricity, no camping
fee authorized by this Section shall be | ||||||
| 9 | charged to any resident of Illinois who
has a Class 2 | ||||||
| 10 | disability as defined in Section 4A of the Illinois
| ||||||
| 11 | Identification Card Act. For campsites without access to | ||||||
| 12 | showers or
electricity, no camping fee authorized by this | ||||||
| 13 | Section shall be charged to any
resident of Illinois who is age | ||||||
| 14 | 62 or older for
the use of a campsite camp site unit during the | ||||||
| 15 | period Monday through Thursday of any
week. No camping fee | ||||||
| 16 | authorized by this Section shall be charged to any
resident of | ||||||
| 17 | Illinois who is a veteran with a disability or a former | ||||||
| 18 | prisoner of
war, as defined in Section 5 of the Department of | ||||||
| 19 | Veterans Affairs Act.
No camping fee authorized by this Section | ||||||
| 20 | shall be charged to any
resident of Illinois after returning | ||||||
| 21 | from service abroad or mobilization by the President of the | ||||||
| 22 | United States as an active duty member of the United States | ||||||
| 23 | Armed Forces, the Illinois National Guard, or the Reserves of | ||||||
| 24 | the United States Armed Forces for the amount of time that the | ||||||
| 25 | active duty member spent in service abroad or mobilized if the | ||||||
| 26 | person (i) applies for a pass at the Department office in | ||||||
| |||||||
| |||||||
| 1 | Springfield within 2 years after returning and provides | ||||||
| 2 | acceptable verification of service or mobilization to the | ||||||
| 3 | Department or (ii) applies for a pass at a Regional Office of | ||||||
| 4 | the Department within 2 years after returning and provides | ||||||
| 5 | acceptable verification of service or mobilization to the | ||||||
| 6 | Department; any portion of a year that the active duty member | ||||||
| 7 | spent in service abroad or mobilized shall count as a full | ||||||
| 8 | year. Nonresidents shall be charged the same fees as are | ||||||
| 9 | authorized for the general
public regardless of age. The | ||||||
| 10 | Department shall provide by regulation for
suitable proof of | ||||||
| 11 | age, or either a valid driver's license or a "Golden Age
| ||||||
| 12 | Passport" issued by the federal government shall be acceptable | ||||||
| 13 | as proof of
age. The Department shall further provide by | ||||||
| 14 | regulation that notice of
these
reduced admission fees be | ||||||
| 15 | posted in a conspicuous place and manner.
| ||||||
| 16 | Reduced fees authorized in this Section shall not apply to | ||||||
| 17 | any charge for
utility service.
| ||||||
| 18 | For the purposes of this Section, "acceptable verification | ||||||
| 19 | of service or mobilization" means official documentation from | ||||||
| 20 | the Department of Defense or the appropriate Major Command | ||||||
| 21 | showing mobilization dates or service abroad dates, including: | ||||||
| 22 | (i) a DD-214, (ii) a letter from the Illinois Department of | ||||||
| 23 | Military Affairs for members of the Illinois National Guard, | ||||||
| 24 | (iii) a letter from the Regional Reserve Command for members of | ||||||
| 25 | the Armed Forces Reserve, (iv) a letter from the Major Command | ||||||
| 26 | covering Illinois for active duty members, (v) personnel | ||||||
| |||||||
| |||||||
| 1 | records for mobilized State employees, and (vi) any other | ||||||
| 2 | documentation that the Department, by administrative rule, | ||||||
| 3 | deems acceptable to establish dates of mobilization or service | ||||||
| 4 | abroad. | ||||||
| 5 | For the purposes of this Section, the term "service abroad" | ||||||
| 6 | means active duty service outside of the 50 United States and | ||||||
| 7 | the District of Columbia, and includes all active duty service | ||||||
| 8 | in territories and possessions of the United States. | ||||||
| 9 | (Source: P.A. 99-143, eff. 7-27-15; revised 10-14-15.)
| ||||||
| 10 | Section 75. The Recreational Trails of Illinois Act is | ||||||
| 11 | amended by changing Section 34 as follows:
| ||||||
| 12 | (20 ILCS 862/34) | ||||||
| 13 | Sec. 34. Exception from display of Off-Highway Vehicle | ||||||
| 14 | Usage Stamps. The operator of an off-highway vehicle shall not | ||||||
| 15 | be required to display an Off-Highway Vehicle Usage Stamp if | ||||||
| 16 | the off-highway vehicle is: | ||||||
| 17 | (1) owned and used by the United States, the State of | ||||||
| 18 | Illinois, another state, or a political subdivision | ||||||
| 19 | thereof, but these off-highway vehicles shall prominently | ||||||
| 20 | display the name of the owner on the off-highway vehicle; | ||||||
| 21 | (2) operated on lands where the operator, his or her | ||||||
| 22 | immediate family, or both are the sole owners of the land; | ||||||
| 23 | this exception shall not apply to clubs, associations, or | ||||||
| 24 | lands leased for hunting or recreational purposes; | ||||||
| |||||||
| |||||||
| 1 | (3) used only on local, national, or international | ||||||
| 2 | competition circuits in events for which written | ||||||
| 3 | permission has been obtained by the sponsoring or | ||||||
| 4 | sanctioning body from the governmental unit having | ||||||
| 5 | jurisdiction over the location of any event held in this | ||||||
| 6 | State; | ||||||
| 7 | (4) (blank); | ||||||
| 8 | (5) used on an off-highway vehicle grant assisted site | ||||||
| 9 | and the off-highway vehicle displays an a Off-Highway | ||||||
| 10 | Vehicle Access decal;
| ||||||
| 11 | (6) used in conjunction with a bona fide commercial | ||||||
| 12 | business, including, but not limited to, agricultural and | ||||||
| 13 | livestock production; | ||||||
| 14 | (7) a golf cart, regardless of whether the golf cart is | ||||||
| 15 | currently being used for golfing purposes; | ||||||
| 16 | (8) displaying a valid motor vehicle registration | ||||||
| 17 | issued by the Secretary of State or any other state; | ||||||
| 18 | (9) operated by an individual who either possesses an | ||||||
| 19 | Illinois Identification Card issued to the operator by the | ||||||
| 20 | Secretary of State that lists a Class P2 (or P2O or any | ||||||
| 21 | successor classification) or P2A disability or an original | ||||||
| 22 | or photocopy of a valid motor vehicle disability placard | ||||||
| 23 | issued to the operator by the Secretary of State, or is | ||||||
| 24 | assisting a person with a disability who has a Class P2 (or | ||||||
| 25 | P2O or any successor classification) or P2A disability | ||||||
| 26 | while using the same off-highway vehicle as the individual | ||||||
| |||||||
| |||||||
| 1 | with a disability; or | ||||||
| 2 | (10) used only at commercial riding parks. | ||||||
| 3 | For the purposes of this Section, "golf cart" means a | ||||||
| 4 | machine specifically designed for the purposes of transporting | ||||||
| 5 | one or more persons and their golf clubs. | ||||||
| 6 | For the purposes of this Section, "local, national, or | ||||||
| 7 | international competition circuit" means any competition | ||||||
| 8 | circuit sponsored or sanctioned by an international, national, | ||||||
| 9 | or state organization, including, but not limited to, the | ||||||
| 10 | American Motorcyclist Association, or sponsored, sanctioned, | ||||||
| 11 | or both by an affiliate organization of an international, | ||||||
| 12 | national, or state organization which sanctions competitions, | ||||||
| 13 | including trials or practices leading up to or in connection | ||||||
| 14 | with those competitions. | ||||||
| 15 | For the purposes of this Section, "commercial riding parks" | ||||||
| 16 | mean commercial properties used for the recreational operation | ||||||
| 17 | of off-highway vehicles by the paying members of the park or | ||||||
| 18 | paying guests. | ||||||
| 19 | (Source: P.A. 98-820, eff. 8-1-14; 99-143, eff. 7-27-15; | ||||||
| 20 | revised 10-14-15.)
| ||||||
| 21 | Section 80. The Department of Human Services Act is amended | ||||||
| 22 | by changing Sections 1-17 and 1-42 as follows:
| ||||||
| 23 | (20 ILCS 1305/1-17)
| ||||||
| 24 | Sec. 1-17. Inspector General. | ||||||
| |||||||
| |||||||
| 1 | (a) Nature and purpose. It is the express intent of the | ||||||
| 2 | General Assembly to ensure the health, safety, and financial | ||||||
| 3 | condition of individuals receiving services in this State due | ||||||
| 4 | to mental illness, developmental disability, or both by | ||||||
| 5 | protecting those persons from acts of abuse, neglect, or both | ||||||
| 6 | by service providers. To that end, the Office of the Inspector | ||||||
| 7 | General for the Department of Human Services is created to | ||||||
| 8 | investigate and report upon allegations of the abuse, neglect, | ||||||
| 9 | or financial exploitation of individuals receiving services | ||||||
| 10 | within mental health facilities, developmental disabilities | ||||||
| 11 | facilities, and community agencies operated, licensed, funded | ||||||
| 12 | or certified by the Department of Human Services, but not | ||||||
| 13 | licensed or certified by any other State agency. | ||||||
| 14 | (b) Definitions. The following definitions apply to this | ||||||
| 15 | Section: | ||||||
| 16 | "Adult student with a disability" means an adult student, | ||||||
| 17 | age 18 through 21, inclusive, with an Individual Education | ||||||
| 18 | Program, other than a resident of a facility licensed by the | ||||||
| 19 | Department of Children and Family Services in accordance with | ||||||
| 20 | the Child Care Act of 1969. For purposes of this definition, | ||||||
| 21 | "through age 21, inclusive", means through the day before the | ||||||
| 22 | student's 22nd birthday. | ||||||
| 23 | "Agency" or "community agency" means (i) a community agency | ||||||
| 24 | licensed, funded, or certified by the Department, but not | ||||||
| 25 | licensed or certified by any other human services agency of the | ||||||
| 26 | State, to provide mental health service or developmental | ||||||
| |||||||
| |||||||
| 1 | disabilities service, or (ii) a program licensed, funded, or | ||||||
| 2 | certified by the Department, but not licensed or certified by | ||||||
| 3 | any other human services agency of the State, to provide mental | ||||||
| 4 | health service or developmental disabilities service. | ||||||
| 5 | "Aggravating circumstance" means a factor that is | ||||||
| 6 | attendant to a finding and that tends to compound or increase | ||||||
| 7 | the culpability of the accused. | ||||||
| 8 | "Allegation" means an assertion, complaint, suspicion, or | ||||||
| 9 | incident involving any of the following conduct by an employee, | ||||||
| 10 | facility, or agency against an individual or individuals: | ||||||
| 11 | mental abuse, physical abuse, sexual abuse, neglect, or | ||||||
| 12 | financial exploitation. | ||||||
| 13 | "Day" means working day, unless otherwise specified. | ||||||
| 14 | "Deflection" means a situation in which an individual is | ||||||
| 15 | presented for admission to a facility or agency, and the | ||||||
| 16 | facility staff or agency staff do not admit the individual. | ||||||
| 17 | "Deflection" includes triage, redirection, and denial of | ||||||
| 18 | admission. | ||||||
| 19 | "Department" means the Department of Human Services. | ||||||
| 20 | "Developmental disability" means "developmental | ||||||
| 21 | disability" as defined in the Mental Health and Developmental | ||||||
| 22 | Disabilities Code. | ||||||
| 23 | "Egregious neglect" means a finding of neglect as | ||||||
| 24 | determined by the Inspector General that (i) represents a gross | ||||||
| 25 | failure to adequately provide for, or a callused indifference | ||||||
| 26 | to, the health, safety, or medical needs of an individual and | ||||||
| |||||||
| |||||||
| 1 | (ii) results in an individual's death or other serious | ||||||
| 2 | deterioration of an individual's physical condition or mental | ||||||
| 3 | condition. | ||||||
| 4 | "Employee" means any person who provides services at the | ||||||
| 5 | facility or agency on-site or off-site. The service | ||||||
| 6 | relationship can be with the individual or with the facility or | ||||||
| 7 | agency. Also, "employee" includes any employee or contractual | ||||||
| 8 | agent of the Department of Human Services or the community | ||||||
| 9 | agency involved in providing or monitoring or administering | ||||||
| 10 | mental health or developmental disability services. This | ||||||
| 11 | includes but is not limited to: owners, operators, payroll | ||||||
| 12 | personnel, contractors, subcontractors, and volunteers. | ||||||
| 13 | "Facility" or "State-operated facility" means a mental | ||||||
| 14 | health facility or developmental disabilities facility | ||||||
| 15 | operated by the Department. | ||||||
| 16 | "Financial exploitation" means taking unjust advantage of | ||||||
| 17 | an individual's assets, property, or financial resources | ||||||
| 18 | through deception, intimidation, or conversion for the | ||||||
| 19 | employee's, facility's, or agency's own advantage or benefit. | ||||||
| 20 | "Finding" means the Office of Inspector General's | ||||||
| 21 | determination regarding whether an allegation is | ||||||
| 22 | substantiated, unsubstantiated, or unfounded. | ||||||
| 23 | "Health care worker registry" or "registry" means the | ||||||
| 24 | health care worker registry created by the Nursing Home Care | ||||||
| 25 | Act. | ||||||
| 26 | "Individual" means any person receiving mental health | ||||||
| |||||||
| |||||||
| 1 | service, developmental disabilities service, or both from a | ||||||
| 2 | facility or agency, while either on-site or off-site. | ||||||
| 3 | "Mental abuse" means the use of demeaning, intimidating, or | ||||||
| 4 | threatening words, signs, gestures, or other actions by an | ||||||
| 5 | employee about an individual and in the presence of an | ||||||
| 6 | individual or individuals that results in emotional distress or | ||||||
| 7 | maladaptive behavior, or could have resulted in emotional | ||||||
| 8 | distress or maladaptive behavior, for any individual present. | ||||||
| 9 | "Mental illness" means "mental illness" as defined in the | ||||||
| 10 | Mental Health and Developmental Disabilities Code. | ||||||
| 11 | "Mentally ill" means having a mental illness. | ||||||
| 12 | "Mitigating circumstance" means a condition that (i) is | ||||||
| 13 | attendant to a finding, (ii) does not excuse or justify the | ||||||
| 14 | conduct in question, but (iii) may be considered in evaluating | ||||||
| 15 | the severity of the conduct, the culpability of the accused, or | ||||||
| 16 | both the severity of the conduct and the culpability of the | ||||||
| 17 | accused. | ||||||
| 18 | "Neglect" means an employee's, agency's, or facility's | ||||||
| 19 | failure to provide adequate medical care, personal care, or | ||||||
| 20 | maintenance and that, as a consequence, (i) causes an | ||||||
| 21 | individual pain, injury, or emotional distress, (ii) results in | ||||||
| 22 | either an individual's maladaptive behavior or the | ||||||
| 23 | deterioration of an individual's physical condition or mental | ||||||
| 24 | condition, or (iii) places the individual's health or safety at | ||||||
| 25 | substantial risk. | ||||||
| 26 | "Person with a developmental disability" means a person | ||||||
| |||||||
| |||||||
| 1 | having a developmental disability. | ||||||
| 2 | "Physical abuse" means an employee's non-accidental and | ||||||
| 3 | inappropriate contact with an individual that causes bodily | ||||||
| 4 | harm. "Physical abuse" includes actions that cause bodily harm | ||||||
| 5 | as a result of an employee directing an individual or person to | ||||||
| 6 | physically abuse another individual. | ||||||
| 7 | "Recommendation" means an admonition, separate from a | ||||||
| 8 | finding, that requires action by the facility, agency, or | ||||||
| 9 | Department to correct a systemic issue, problem, or deficiency | ||||||
| 10 | identified during an investigation. | ||||||
| 11 | "Required reporter" means any employee who suspects, | ||||||
| 12 | witnesses, or is informed of an allegation of any one or more | ||||||
| 13 | of the following: mental abuse, physical abuse, sexual abuse, | ||||||
| 14 | neglect, or financial exploitation. | ||||||
| 15 | "Secretary" means the Chief Administrative Officer of the | ||||||
| 16 | Department. | ||||||
| 17 | "Sexual abuse" means any sexual contact or intimate | ||||||
| 18 | physical contact between an employee and an individual, | ||||||
| 19 | including an employee's coercion or encouragement of an | ||||||
| 20 | individual to engage in sexual behavior that results in sexual | ||||||
| 21 | contact, intimate physical contact, sexual behavior, or | ||||||
| 22 | intimate physical behavior. Sexual abuse also includes (i) an | ||||||
| 23 | employee's actions that result in the sending or showing of | ||||||
| 24 | sexually explicit images to an individual via computer, | ||||||
| 25 | cellular phone, electronic mail, portable electronic device, | ||||||
| 26 | or other media with or without contact with the individual or | ||||||
| |||||||
| |||||||
| 1 | (ii) an employee's posting of sexually explicit images of an | ||||||
| 2 | individual online or elsewhere whether or not there is contact | ||||||
| 3 | with the individual. | ||||||
| 4 | "Sexually explicit images" includes, but is not limited to, | ||||||
| 5 | any material which depicts nudity, sexual conduct, or | ||||||
| 6 | sado-masochistic abuse, or which contains explicit and | ||||||
| 7 | detailed verbal descriptions or narrative accounts of sexual | ||||||
| 8 | excitement, sexual conduct, or sado-masochistic abuse. | ||||||
| 9 | "Substantiated" means there is a preponderance of the | ||||||
| 10 | evidence to support the allegation. | ||||||
| 11 | "Unfounded" means there is no credible evidence to support | ||||||
| 12 | the allegation. | ||||||
| 13 | "Unsubstantiated" means there is credible evidence, but | ||||||
| 14 | less than a preponderance of evidence to support the | ||||||
| 15 | allegation. | ||||||
| 16 | (c) Appointment. The Governor shall appoint, and the Senate | ||||||
| 17 | shall confirm, an Inspector General. The Inspector General | ||||||
| 18 | shall be appointed for a term of 4 years and shall function | ||||||
| 19 | within the Department of Human Services and report to the | ||||||
| 20 | Secretary and the Governor. | ||||||
| 21 | (d) Operation and appropriation. The Inspector General | ||||||
| 22 | shall function independently within the Department with | ||||||
| 23 | respect to the operations of the Office, including the | ||||||
| 24 | performance of investigations and issuance of findings and | ||||||
| 25 | recommendations. The appropriation for the Office of Inspector | ||||||
| 26 | General shall be separate from the overall appropriation for | ||||||
| |||||||
| |||||||
| 1 | the Department. | ||||||
| 2 | (e) Powers and duties. The Inspector General shall | ||||||
| 3 | investigate reports of suspected mental abuse, physical abuse, | ||||||
| 4 | sexual abuse, neglect, or financial exploitation of | ||||||
| 5 | individuals in any mental health or developmental disabilities | ||||||
| 6 | facility or agency and shall have authority to take immediate | ||||||
| 7 | action to prevent any one or more of the following from | ||||||
| 8 | happening to individuals under its jurisdiction: mental abuse, | ||||||
| 9 | physical abuse, sexual abuse, neglect, or financial | ||||||
| 10 | exploitation. Upon written request of an agency of this State, | ||||||
| 11 | the Inspector General may assist another agency of the State in | ||||||
| 12 | investigating reports of the abuse, neglect, or abuse and | ||||||
| 13 | neglect of persons with mental illness, persons with | ||||||
| 14 | developmental disabilities, or persons with both. To comply | ||||||
| 15 | with the requirements of subsection (k) of this Section, the | ||||||
| 16 | Inspector General shall also review all reportable deaths for | ||||||
| 17 | which there is no allegation of abuse or neglect. Nothing in | ||||||
| 18 | this Section shall preempt any duties of the Medical Review | ||||||
| 19 | Board set forth in the Mental Health and Developmental | ||||||
| 20 | Disabilities Code. The Inspector General shall have no | ||||||
| 21 | authority to investigate alleged violations of the State | ||||||
| 22 | Officials and Employees Ethics Act. Allegations of misconduct | ||||||
| 23 | under the State Officials and Employees Ethics Act shall be | ||||||
| 24 | referred to the Office of the Governor's Executive Inspector | ||||||
| 25 | General for investigation. | ||||||
| 26 | (f) Limitations. The Inspector General shall not conduct an | ||||||
| |||||||
| |||||||
| 1 | investigation within an agency or facility if that | ||||||
| 2 | investigation would be redundant to or interfere with an | ||||||
| 3 | investigation conducted by another State agency. The Inspector | ||||||
| 4 | General shall have no supervision over, or involvement in, the | ||||||
| 5 | routine programmatic, licensing, funding, or certification | ||||||
| 6 | operations of the Department. Nothing in this subsection limits | ||||||
| 7 | investigations by the Department that may otherwise be required | ||||||
| 8 | by law or that may be necessary in the Department's capacity as | ||||||
| 9 | central administrative authority responsible for the operation | ||||||
| 10 | of the State's mental health and developmental disabilities | ||||||
| 11 | facilities. | ||||||
| 12 | (g) Rulemaking authority. The Inspector General shall | ||||||
| 13 | promulgate rules establishing minimum requirements for | ||||||
| 14 | reporting allegations as well as for initiating, conducting, | ||||||
| 15 | and completing investigations based upon the nature of the | ||||||
| 16 | allegation or allegations. The rules shall clearly establish | ||||||
| 17 | that if 2 or more State agencies could investigate an | ||||||
| 18 | allegation, the Inspector General shall not conduct an | ||||||
| 19 | investigation that would be redundant to, or interfere with, an | ||||||
| 20 | investigation conducted by another State agency. The rules | ||||||
| 21 | shall further clarify the method and circumstances under which | ||||||
| 22 | the Office of Inspector General may interact with the | ||||||
| 23 | licensing, funding, or certification units of the Department in | ||||||
| 24 | preventing further occurrences of mental abuse, physical | ||||||
| 25 | abuse, sexual abuse, neglect, egregious neglect, and financial | ||||||
| 26 | exploitation. | ||||||
| |||||||
| |||||||
| 1 | (h) Training programs. The Inspector General shall (i) | ||||||
| 2 | establish a comprehensive program to ensure that every person | ||||||
| 3 | authorized to conduct investigations receives ongoing training | ||||||
| 4 | relative to investigation techniques, communication skills, | ||||||
| 5 | and the appropriate means of interacting with persons receiving | ||||||
| 6 | treatment for mental illness, developmental disability, or | ||||||
| 7 | both mental illness and developmental disability, and (ii) | ||||||
| 8 | establish and conduct periodic training programs for facility | ||||||
| 9 | and agency employees concerning the prevention and reporting of | ||||||
| 10 | any one or more of the following: mental abuse, physical abuse, | ||||||
| 11 | sexual abuse, neglect, egregious neglect, or financial | ||||||
| 12 | exploitation. Nothing in this Section shall be deemed to | ||||||
| 13 | prevent the Office of Inspector General from conducting any | ||||||
| 14 | other training as determined by the Inspector General to be | ||||||
| 15 | necessary or helpful. | ||||||
| 16 | (i) Duty to cooperate. | ||||||
| 17 | (1) The Inspector General shall at all times be granted | ||||||
| 18 | access to any facility or agency for the purpose of | ||||||
| 19 | investigating any allegation, conducting unannounced site | ||||||
| 20 | visits, monitoring compliance with a written response, or | ||||||
| 21 | completing any other statutorily assigned duty. The | ||||||
| 22 | Inspector General shall conduct unannounced site visits to | ||||||
| 23 | each facility at least annually for the purpose of | ||||||
| 24 | reviewing and making recommendations on systemic issues | ||||||
| 25 | relative to preventing, reporting, investigating, and | ||||||
| 26 | responding to all of the following: mental abuse, physical | ||||||
| |||||||
| |||||||
| 1 | abuse, sexual abuse, neglect, egregious neglect, or | ||||||
| 2 | financial exploitation. | ||||||
| 3 | (2) Any employee who fails to cooperate with an Office | ||||||
| 4 | of the Inspector General investigation is in violation of | ||||||
| 5 | this Act. Failure to cooperate with an investigation | ||||||
| 6 | includes, but is not limited to, any one or more of the | ||||||
| 7 | following: (i) creating and transmitting a false report to | ||||||
| 8 | the Office of the Inspector General hotline, (ii) providing | ||||||
| 9 | false information to an Office of the Inspector General | ||||||
| 10 | Investigator during an investigation, (iii) colluding with | ||||||
| 11 | other employees to cover up evidence, (iv) colluding with | ||||||
| 12 | other employees to provide false information to an Office | ||||||
| 13 | of the Inspector General investigator, (v) destroying | ||||||
| 14 | evidence, (vi) withholding evidence, or (vii) otherwise | ||||||
| 15 | obstructing an Office of the Inspector General | ||||||
| 16 | investigation. Additionally, any employee who, during an | ||||||
| 17 | unannounced site visit or written response compliance | ||||||
| 18 | check, fails to cooperate with requests from the Office of | ||||||
| 19 | the Inspector General is in violation of this Act. | ||||||
| 20 | (j) Subpoena powers. The Inspector General shall have the | ||||||
| 21 | power to subpoena witnesses and compel the production of all | ||||||
| 22 | documents and physical evidence relating to his or her | ||||||
| 23 | investigations and any hearings authorized by this Act. This | ||||||
| 24 | subpoena power shall not extend to persons or documents of a | ||||||
| 25 | labor organization or its representatives insofar as the | ||||||
| 26 | persons are acting in a representative capacity to an employee | ||||||
| |||||||
| |||||||
| 1 | whose conduct is the subject of an investigation or the | ||||||
| 2 | documents relate to that representation. Any person who | ||||||
| 3 | otherwise fails to respond to a subpoena or who knowingly | ||||||
| 4 | provides false information to the Office of the Inspector | ||||||
| 5 | General by subpoena during an investigation is guilty of a | ||||||
| 6 | Class A misdemeanor. | ||||||
| 7 | (k) Reporting allegations and deaths. | ||||||
| 8 | (1) Allegations. If an employee witnesses, is told of, | ||||||
| 9 | or has reason to believe an incident of mental abuse, | ||||||
| 10 | physical abuse, sexual abuse, neglect, or financial | ||||||
| 11 | exploitation has occurred, the employee, agency, or | ||||||
| 12 | facility shall report the allegation by phone to the Office | ||||||
| 13 | of the Inspector General hotline according to the agency's | ||||||
| 14 | or facility's procedures, but in no event later than 4 | ||||||
| 15 | hours after the initial discovery of the incident, | ||||||
| 16 | allegation, or suspicion of any one or more of the | ||||||
| 17 | following: mental abuse, physical abuse, sexual abuse, | ||||||
| 18 | neglect, or financial exploitation. A required reporter as | ||||||
| 19 | defined in subsection (b) of this Section who knowingly or | ||||||
| 20 | intentionally fails to comply with these reporting | ||||||
| 21 | requirements is guilty of a Class A misdemeanor. | ||||||
| 22 | (2) Deaths. Absent an allegation, a required reporter | ||||||
| 23 | shall, within 24 hours after initial discovery, report by | ||||||
| 24 | phone to the Office of the Inspector General hotline each | ||||||
| 25 | of the following: | ||||||
| 26 | (i) Any death of an individual occurring within 14 | ||||||
| |||||||
| |||||||
| 1 | calendar days after discharge or transfer of the | ||||||
| 2 | individual from a residential program or facility. | ||||||
| 3 | (ii) Any death of an individual occurring within 24 | ||||||
| 4 | hours after deflection from a residential program or | ||||||
| 5 | facility. | ||||||
| 6 | (iii) Any other death of an individual occurring at | ||||||
| 7 | an agency or facility or at any Department-funded site. | ||||||
| 8 | (3) Retaliation. It is a violation of this Act for any | ||||||
| 9 | employee or administrator of an agency or facility to take | ||||||
| 10 | retaliatory action against an employee who acts in good | ||||||
| 11 | faith in conformance with his or her duties as a required | ||||||
| 12 | reporter. | ||||||
| 13 | (l) Reporting to law enforcement. | ||||||
| 14 | (1) Reporting criminal acts. Within 24 hours after | ||||||
| 15 | determining that there is credible evidence indicating | ||||||
| 16 | that a criminal act may have been committed or that special | ||||||
| 17 | expertise may be required in an investigation, the | ||||||
| 18 | Inspector General shall notify the Department of State | ||||||
| 19 | Police or other appropriate law enforcement authority, or | ||||||
| 20 | ensure that such notification is made. The Department of | ||||||
| 21 | State Police shall investigate any report from a | ||||||
| 22 | State-operated facility indicating a possible murder, | ||||||
| 23 | sexual assault, or other felony by an employee. All | ||||||
| 24 | investigations conducted by the Inspector General shall be | ||||||
| 25 | conducted in a manner designed to ensure the preservation | ||||||
| 26 | of evidence for possible use in a criminal prosecution. | ||||||
| |||||||
| |||||||
| 1 | (2) Reporting allegations of adult students with | ||||||
| 2 | disabilities. Upon receipt of a reportable allegation | ||||||
| 3 | regarding an adult student with a disability, the | ||||||
| 4 | Department's Office of the Inspector General shall | ||||||
| 5 | determine whether the allegation meets the criteria for the | ||||||
| 6 | Domestic Abuse Program under the Abuse of Adults with | ||||||
| 7 | Disabilities Intervention Act. If the allegation is | ||||||
| 8 | reportable to that program, the Office of the Inspector | ||||||
| 9 | General shall initiate an investigation. If the allegation | ||||||
| 10 | is not reportable to the Domestic Abuse Program, the Office | ||||||
| 11 | of the Inspector General shall make an expeditious referral | ||||||
| 12 | to the respective law enforcement entity. If the alleged | ||||||
| 13 | victim is already receiving services from the Department, | ||||||
| 14 | the Office of the Inspector General shall also make a | ||||||
| 15 | referral to the respective Department of Human Services' | ||||||
| 16 | Division or Bureau. | ||||||
| 17 | (m) Investigative reports. Upon completion of an | ||||||
| 18 | investigation, the Office of Inspector General shall issue an | ||||||
| 19 | investigative report identifying whether the allegations are | ||||||
| 20 | substantiated, unsubstantiated, or unfounded. Within 10 | ||||||
| 21 | business days after the transmittal of a completed | ||||||
| 22 | investigative report substantiating an allegation, or if a | ||||||
| 23 | recommendation is made, the Inspector General shall provide the | ||||||
| 24 | investigative report on the case to the Secretary and to the | ||||||
| 25 | director of the facility or agency where any one or more of the | ||||||
| 26 | following occurred: mental abuse, physical abuse, sexual | ||||||
| |||||||
| |||||||
| 1 | abuse, neglect, egregious neglect, or financial exploitation. | ||||||
| 2 | In a substantiated case, the investigative report shall include | ||||||
| 3 | any mitigating or aggravating circumstances that were | ||||||
| 4 | identified during the investigation. If the case involves | ||||||
| 5 | substantiated neglect, the investigative report shall also | ||||||
| 6 | state whether egregious neglect was found. An investigative | ||||||
| 7 | report may also set forth recommendations. All investigative | ||||||
| 8 | reports prepared by the Office of the Inspector General shall | ||||||
| 9 | be considered confidential and shall not be released except as | ||||||
| 10 | provided by the law of this State or as required under | ||||||
| 11 | applicable federal law. Unsubstantiated and unfounded reports | ||||||
| 12 | shall not be disclosed except as allowed under Section 6 of the | ||||||
| 13 | Abused and Neglected Long Term Care Facility Residents | ||||||
| 14 | Reporting Act. Raw data used to compile the investigative | ||||||
| 15 | report shall not be subject to release unless required by law | ||||||
| 16 | or a court order. "Raw data used to compile the investigative | ||||||
| 17 | report" includes, but is not limited to, any one or more of the | ||||||
| 18 | following: the initial complaint, witness statements, | ||||||
| 19 | photographs, investigator's notes, police reports, or incident | ||||||
| 20 | reports. If the allegations are substantiated, the accused | ||||||
| 21 | shall be provided with a redacted copy of the investigative | ||||||
| 22 | report. Death reports where there was no allegation of abuse or | ||||||
| 23 | neglect shall only be released pursuant to applicable State or | ||||||
| 24 | federal law or a valid court order. | ||||||
| 25 | (n) Written responses and reconsideration requests. | ||||||
| 26 | (1) Written responses. Within 30 calendar days from | ||||||
| |||||||
| |||||||
| 1 | receipt of a substantiated investigative report or an | ||||||
| 2 | investigative report which contains recommendations, | ||||||
| 3 | absent a reconsideration request, the facility or agency | ||||||
| 4 | shall file a written response that addresses, in a concise | ||||||
| 5 | and reasoned manner, the actions taken to: (i) protect the | ||||||
| 6 | individual; (ii) prevent recurrences; and (iii) eliminate | ||||||
| 7 | the problems identified. The response shall include the | ||||||
| 8 | implementation and completion dates of such actions. If the | ||||||
| 9 | written response is not filed within the allotted 30 | ||||||
| 10 | calendar day period, the Secretary shall determine the | ||||||
| 11 | appropriate corrective action to be taken. | ||||||
| 12 | (2) Reconsideration requests. The facility, agency, | ||||||
| 13 | victim or guardian, or the subject employee may request | ||||||
| 14 | that the Office of Inspector General reconsider or clarify | ||||||
| 15 | its finding based upon additional information. | ||||||
| 16 | (o) Disclosure of the finding by the Inspector General. The | ||||||
| 17 | Inspector General shall disclose the finding of an | ||||||
| 18 | investigation to the following persons: (i) the Governor, (ii) | ||||||
| 19 | the Secretary, (iii) the director of the facility or agency, | ||||||
| 20 | (iv) the alleged victims and their guardians, (v) the | ||||||
| 21 | complainant, and (vi) the accused. This information shall | ||||||
| 22 | include whether the allegations were deemed substantiated, | ||||||
| 23 | unsubstantiated, or unfounded. | ||||||
| 24 | (p) Secretary review. Upon review of the Inspector | ||||||
| 25 | General's investigative report and any agency's or facility's | ||||||
| 26 | written response, the Secretary shall accept or reject the | ||||||
| |||||||
| |||||||
| 1 | written response and notify the Inspector General of that | ||||||
| 2 | determination. The Secretary may further direct that other | ||||||
| 3 | administrative action be taken, including, but not limited to, | ||||||
| 4 | any one or more of the following: (i) additional site visits, | ||||||
| 5 | (ii) training, (iii) provision of technical assistance | ||||||
| 6 | relative to administrative needs, licensure or certification, | ||||||
| 7 | or (iv) the imposition of appropriate sanctions. | ||||||
| 8 | (q) Action by facility or agency. Within 30 days of the | ||||||
| 9 | date the Secretary approves the written response or directs | ||||||
| 10 | that further administrative action be taken, the facility or | ||||||
| 11 | agency shall provide an implementation report to the Inspector | ||||||
| 12 | General that provides the status of the action taken. The | ||||||
| 13 | facility or agency shall be allowed an additional 30 days to | ||||||
| 14 | send notice of completion of the action or to send an updated | ||||||
| 15 | implementation report. If the action has not been completed | ||||||
| 16 | within the additional 30 day period, the facility or agency | ||||||
| 17 | shall send updated implementation reports every 60 days until | ||||||
| 18 | completion. The Inspector General shall conduct a review of any | ||||||
| 19 | implementation plan that takes more than 120 days after | ||||||
| 20 | approval to complete, and shall monitor compliance through a | ||||||
| 21 | random review of approved written responses, which may include, | ||||||
| 22 | but are not limited to: (i) site visits, (ii) telephone | ||||||
| 23 | contact, and (iii) requests for additional documentation | ||||||
| 24 | evidencing compliance. | ||||||
| 25 | (r) Sanctions. Sanctions, if imposed by the Secretary under | ||||||
| 26 | Subdivision (p)(iv) of this Section, shall be designed to | ||||||
| |||||||
| |||||||
| 1 | prevent further acts of mental abuse, physical abuse, sexual | ||||||
| 2 | abuse, neglect, egregious neglect, or financial exploitation | ||||||
| 3 | or some combination of one or more of those acts at a facility | ||||||
| 4 | or agency, and may include any one or more of the following: | ||||||
| 5 | (1) Appointment of on-site monitors. | ||||||
| 6 | (2) Transfer or relocation of an individual or | ||||||
| 7 | individuals. | ||||||
| 8 | (3) Closure of units. | ||||||
| 9 | (4) Termination of any one or more of the following: | ||||||
| 10 | (i) Department licensing, (ii) funding, or (iii) | ||||||
| 11 | certification. | ||||||
| 12 | The Inspector General may seek the assistance of the | ||||||
| 13 | Illinois Attorney General or the office of any State's Attorney | ||||||
| 14 | in implementing sanctions. | ||||||
| 15 | (s) Health care worker registry. | ||||||
| 16 | (1) Reporting to the registry. The Inspector General | ||||||
| 17 | shall report to the Department of Public Health's health | ||||||
| 18 | care worker registry, a public registry, the identity and | ||||||
| 19 | finding of each employee of a facility or agency against | ||||||
| 20 | whom there is a final investigative report containing a | ||||||
| 21 | substantiated allegation of physical or sexual abuse, | ||||||
| 22 | financial exploitation, or egregious neglect of an | ||||||
| 23 | individual. | ||||||
| 24 | (2) Notice to employee. Prior to reporting the name of | ||||||
| 25 | an employee, the employee shall be notified of the | ||||||
| 26 | Department's obligation to report and shall be granted an | ||||||
| |||||||
| |||||||
| 1 | opportunity to request an administrative hearing, the sole | ||||||
| 2 | purpose of which is to determine if the substantiated | ||||||
| 3 | finding warrants reporting to the registry. Notice to the | ||||||
| 4 | employee shall contain a clear and concise statement of the | ||||||
| 5 | grounds on which the report to the registry is based, offer | ||||||
| 6 | the employee an opportunity for a hearing, and identify the | ||||||
| 7 | process for requesting such a hearing. Notice is sufficient | ||||||
| 8 | if provided by certified mail to the employee's last known | ||||||
| 9 | address. If the employee fails to request a hearing within | ||||||
| 10 | 30 days from the date of the notice, the Inspector General | ||||||
| 11 | shall report the name of the employee to the registry. | ||||||
| 12 | Nothing in this subdivision (s)(2) shall diminish or impair | ||||||
| 13 | the rights of a person who is a member of a collective | ||||||
| 14 | bargaining unit under the Illinois Public Labor Relations | ||||||
| 15 | Act or under any other federal labor statute. | ||||||
| 16 | (3) Registry hearings. If the employee requests an | ||||||
| 17 | administrative hearing, the employee shall be granted an | ||||||
| 18 | opportunity to appear before an administrative law judge to | ||||||
| 19 | present reasons why the employee's name should not be | ||||||
| 20 | reported to the registry. The Department shall bear the | ||||||
| 21 | burden of presenting evidence that establishes, by a | ||||||
| 22 | preponderance of the evidence, that the substantiated | ||||||
| 23 | finding warrants reporting to the registry. After | ||||||
| 24 | considering all the evidence presented, the administrative | ||||||
| 25 | law judge shall make a recommendation to the Secretary as | ||||||
| 26 | to whether the substantiated finding warrants reporting | ||||||
| |||||||
| |||||||
| 1 | the name of the employee to the registry. The Secretary | ||||||
| 2 | shall render the final decision. The Department and the | ||||||
| 3 | employee shall have the right to request that the | ||||||
| 4 | administrative law judge consider a stipulated disposition | ||||||
| 5 | of these proceedings. | ||||||
| 6 | (4) Testimony at registry hearings. A person who makes | ||||||
| 7 | a report or who investigates a report under this Act shall | ||||||
| 8 | testify fully in any judicial proceeding resulting from | ||||||
| 9 | such a report, as to any evidence of abuse or neglect, or | ||||||
| 10 | the cause thereof. No evidence shall be excluded by reason | ||||||
| 11 | of any common law or statutory privilege relating to | ||||||
| 12 | communications between the alleged perpetrator of abuse or | ||||||
| 13 | neglect, or the individual alleged as the victim in the | ||||||
| 14 | report, and the person making or investigating the report. | ||||||
| 15 | Testimony at hearings is exempt from the confidentiality | ||||||
| 16 | requirements of subsection (f) of Section 10 of the Mental | ||||||
| 17 | Health and Developmental Disabilities Confidentiality Act. | ||||||
| 18 | (5) Employee's rights to collateral action. No | ||||||
| 19 | reporting to the registry shall occur and no hearing shall | ||||||
| 20 | be set or proceed if an employee notifies the Inspector | ||||||
| 21 | General in writing, including any supporting | ||||||
| 22 | documentation, that he or she is formally contesting an | ||||||
| 23 | adverse employment action resulting from a substantiated | ||||||
| 24 | finding by complaint filed with the Illinois Civil Service | ||||||
| 25 | Commission, or which otherwise seeks to enforce the | ||||||
| 26 | employee's rights pursuant to any applicable collective | ||||||
| |||||||
| |||||||
| 1 | bargaining agreement. If an action taken by an employer | ||||||
| 2 | against an employee as a result of a finding of physical | ||||||
| 3 | abuse, sexual abuse, or egregious neglect is overturned | ||||||
| 4 | through an action filed with the Illinois Civil Service | ||||||
| 5 | Commission or under any applicable collective bargaining | ||||||
| 6 | agreement and if that employee's name has already been sent | ||||||
| 7 | to the registry, the employee's name shall be removed from | ||||||
| 8 | the registry. | ||||||
| 9 | (6) Removal from registry. At any time after the report | ||||||
| 10 | to the registry, but no more than once in any 12-month | ||||||
| 11 | period, an employee may petition the Department in writing | ||||||
| 12 | to remove his or her name from the registry. Upon receiving | ||||||
| 13 | notice of such request, the Inspector General shall conduct | ||||||
| 14 | an investigation into the petition. Upon receipt of such | ||||||
| 15 | request, an administrative hearing will be set by the | ||||||
| 16 | Department. At the hearing, the employee shall bear the | ||||||
| 17 | burden of presenting evidence that establishes, by a | ||||||
| 18 | preponderance of the evidence, that removal of the name | ||||||
| 19 | from the registry is in the public interest. The parties | ||||||
| 20 | may jointly request that the administrative law judge | ||||||
| 21 | consider a stipulated disposition of these proceedings. | ||||||
| 22 | (t) Review of Administrative Decisions. The Department | ||||||
| 23 | shall preserve a record of all proceedings at any formal | ||||||
| 24 | hearing conducted by the Department involving health care | ||||||
| 25 | worker registry hearings. Final administrative decisions of | ||||||
| 26 | the Department are subject to judicial review pursuant to | ||||||
| |||||||
| |||||||
| 1 | provisions of the Administrative Review Law. | ||||||
| 2 | (u) Quality Care Board. There is created, within the Office | ||||||
| 3 | of the Inspector General, a Quality Care Board to be composed | ||||||
| 4 | of 7 members appointed by the Governor with the advice and | ||||||
| 5 | consent of the Senate. One of the members shall be designated | ||||||
| 6 | as chairman by the Governor. Of the initial appointments made | ||||||
| 7 | by the Governor, 4 Board members shall each be appointed for a | ||||||
| 8 | term of 4 years and 3 members shall each be appointed for a | ||||||
| 9 | term of 2 years. Upon the expiration of each member's term, a | ||||||
| 10 | successor shall be appointed for a term of 4 years. In the case | ||||||
| 11 | of a vacancy in the office of any member, the Governor shall | ||||||
| 12 | appoint a successor for the remainder of the unexpired term. | ||||||
| 13 | Members appointed by the Governor shall be qualified by | ||||||
| 14 | professional knowledge or experience in the area of law, | ||||||
| 15 | investigatory techniques, or in the area of care of the | ||||||
| 16 | mentally ill or care of persons with developmental | ||||||
| 17 | disabilities. Two members appointed by the Governor shall be | ||||||
| 18 | persons with a disability or a parent of a person with a | ||||||
| 19 | disability. Members shall serve without compensation, but | ||||||
| 20 | shall be reimbursed for expenses incurred in connection with | ||||||
| 21 | the performance of their duties as members. | ||||||
| 22 | The Board shall meet quarterly, and may hold other meetings | ||||||
| 23 | on the call of the chairman. Four members shall constitute a | ||||||
| 24 | quorum allowing the Board to conduct its business. The Board | ||||||
| 25 | may adopt rules and regulations it deems necessary to govern | ||||||
| 26 | its own procedures. | ||||||
| |||||||
| |||||||
| 1 | The Board shall monitor and oversee the operations, | ||||||
| 2 | policies, and procedures of the Inspector General to ensure the | ||||||
| 3 | prompt and thorough investigation of allegations of neglect and | ||||||
| 4 | abuse. In fulfilling these responsibilities, the Board may do | ||||||
| 5 | the following: | ||||||
| 6 | (1) Provide independent, expert consultation to the | ||||||
| 7 | Inspector General on policies and protocols for | ||||||
| 8 | investigations of alleged abuse, neglect, or both abuse and | ||||||
| 9 | neglect. | ||||||
| 10 | (2) Review existing regulations relating to the | ||||||
| 11 | operation of facilities. | ||||||
| 12 | (3) Advise the Inspector General as to the content of | ||||||
| 13 | training activities authorized under this Section. | ||||||
| 14 | (4) Recommend policies concerning methods for | ||||||
| 15 | improving the intergovernmental relationships between the | ||||||
| 16 | Office of the Inspector General and other State or federal | ||||||
| 17 | offices. | ||||||
| 18 | (v) Annual report. The Inspector General shall provide to | ||||||
| 19 | the General Assembly and the Governor, no later than January 1 | ||||||
| 20 | of each year, a summary of reports and investigations made | ||||||
| 21 | under this Act for the prior fiscal year with respect to | ||||||
| 22 | individuals receiving mental health or developmental | ||||||
| 23 | disabilities services. The report shall detail the imposition | ||||||
| 24 | of sanctions, if any, and the final disposition of any | ||||||
| 25 | corrective or administrative action directed by the Secretary. | ||||||
| 26 | The summaries shall not contain any confidential or identifying | ||||||
| |||||||
| |||||||
| 1 | information of any individual, but shall include objective data | ||||||
| 2 | identifying any trends in the number of reported allegations, | ||||||
| 3 | the timeliness of the Office of the Inspector General's | ||||||
| 4 | investigations, and their disposition, for each facility and | ||||||
| 5 | Department-wide, for the most recent 3-year time period. The | ||||||
| 6 | report shall also identify, by facility, the staff-to-patient | ||||||
| 7 | ratios taking account of direct care staff only. The report | ||||||
| 8 | shall also include detailed recommended administrative actions | ||||||
| 9 | and matters for consideration by the General Assembly. | ||||||
| 10 | (w) Program audit. The Auditor General shall conduct a | ||||||
| 11 | program audit of the Office of the Inspector General on an | ||||||
| 12 | as-needed basis, as determined by the Auditor General. The | ||||||
| 13 | audit shall specifically include the Inspector General's | ||||||
| 14 | compliance with the Act and effectiveness in investigating | ||||||
| 15 | reports of allegations occurring in any facility or agency. The | ||||||
| 16 | Auditor General shall conduct the program audit according to | ||||||
| 17 | the provisions of the Illinois State Auditing Act and shall | ||||||
| 18 | report its findings to the General Assembly no later than | ||||||
| 19 | January 1 following the audit period.
| ||||||
| 20 | (x) Nothing in this Section shall be construed to mean that | ||||||
| 21 | a patient is a victim of abuse or neglect because of health | ||||||
| 22 | care services appropriately provided or not provided by health | ||||||
| 23 | care professionals. | ||||||
| 24 | (y) Nothing in this Section shall require a facility, | ||||||
| 25 | including its employees, agents, medical staff members, and | ||||||
| 26 | health care professionals, to provide a service to a patient in | ||||||
| |||||||
| |||||||
| 1 | contravention of that patient's stated or implied objection to | ||||||
| 2 | the provision of that service on the ground that that service | ||||||
| 3 | conflicts with the patient's religious beliefs or practices, | ||||||
| 4 | nor shall the failure to provide a service to a patient be | ||||||
| 5 | considered abuse under this Section if the patient has objected | ||||||
| 6 | to the provision of that service based on his or her religious | ||||||
| 7 | beliefs or practices.
| ||||||
| 8 | (Source: P.A. 98-49, eff. 7-1-13; 98-711, eff. 7-16-14; 99-143, | ||||||
| 9 | eff. 7-27-15; 99-323, eff. 8-7-15; revised 10-19-15.)
| ||||||
| 10 | (20 ILCS 1305/1-42) | ||||||
| 11 | Sec. 1-42. Department Ambassador. Subject to | ||||||
| 12 | appropriation, as part of a pilot program, the Department shall | ||||||
| 13 | designate one or more officials or employees to serve as | ||||||
| 14 | Department Ambassadors Ambassador. Department Ambassadors | ||||||
| 15 | shall serve as a liaison between the Department and the public | ||||||
| 16 | and shall have the following duties: (i) to inform the public | ||||||
| 17 | about services available through the Department, (ii) to assist | ||||||
| 18 | the public in accessing those services, (iii) to review the | ||||||
| 19 | Department's methods of disseminating information, and (iv) to | ||||||
| 20 | recommend and implement more efficient practices of providing | ||||||
| 21 | services and information to the public where possible.
| ||||||
| 22 | (Source: P.A. 98-1065, eff. 8-26-14; revised 10-19-15.)
| ||||||
| 23 | Section 85. The Burn Victims Relief Act is amended by | ||||||
| 24 | changing Section 15 as follows:
| ||||||
| |||||||
| |||||||
| 1 | (20 ILCS 1410/15)
| ||||||
| 2 | Sec. 15. Rulemaking. The Department of Insurance may adopt | ||||||
| 3 | rules to implement the provisions of this Act. In order to | ||||||
| 4 | provide for the expeditious and timely
implementation of the | ||||||
| 5 | provisions of this Act, emergency
rules to implement any | ||||||
| 6 | provision of this Act may be adopted
by the Department in | ||||||
| 7 | accordance with subsection (u) (t) of Section
5-45 of the | ||||||
| 8 | Illinois Administrative Procedure Act.
| ||||||
| 9 | (Source: P.A. 99-455, eff. 1-1-16; revised 10-26-15.)
| ||||||
| 10 | Section 90. The Department of Professional Regulation Law | ||||||
| 11 | of the
Civil Administrative Code of Illinois is amended by | ||||||
| 12 | changing Section 2105-15 as follows:
| ||||||
| 13 | (20 ILCS 2105/2105-15)
| ||||||
| 14 | Sec. 2105-15. General powers and duties.
| ||||||
| 15 | (a) The Department has, subject to the provisions of the | ||||||
| 16 | Civil
Administrative Code of Illinois, the following powers and | ||||||
| 17 | duties:
| ||||||
| 18 | (1) To authorize examinations in English to ascertain | ||||||
| 19 | the qualifications
and fitness of applicants to exercise | ||||||
| 20 | the profession, trade, or occupation for
which the | ||||||
| 21 | examination is held.
| ||||||
| 22 | (2) To prescribe rules and regulations for a fair and | ||||||
| 23 | wholly
impartial method of examination of candidates to | ||||||
| |||||||
| |||||||
| 1 | exercise the respective
professions, trades, or | ||||||
| 2 | occupations.
| ||||||
| 3 | (3) To pass upon the qualifications of applicants for | ||||||
| 4 | licenses,
certificates, and authorities, whether by | ||||||
| 5 | examination, by reciprocity, or by
endorsement.
| ||||||
| 6 | (4) To prescribe rules and regulations defining, for | ||||||
| 7 | the
respective
professions, trades, and occupations, what | ||||||
| 8 | shall constitute a school,
college, or university, or | ||||||
| 9 | department of a university, or other
institution, | ||||||
| 10 | reputable and in good standing, and to determine the
| ||||||
| 11 | reputability and good standing of a school, college, or | ||||||
| 12 | university, or
department of a university, or other | ||||||
| 13 | institution, reputable and in good
standing, by reference | ||||||
| 14 | to a compliance with those rules and regulations;
provided, | ||||||
| 15 | that no school, college, or university, or department of a
| ||||||
| 16 | university, or other institution that refuses admittance | ||||||
| 17 | to applicants
solely on account of race, color, creed, sex, | ||||||
| 18 | sexual orientation, or national origin shall be
considered | ||||||
| 19 | reputable and in good standing.
| ||||||
| 20 | (5) To conduct hearings on proceedings to revoke, | ||||||
| 21 | suspend, refuse to
renew, place on probationary status, or | ||||||
| 22 | take other disciplinary action
as authorized in any | ||||||
| 23 | licensing Act administered by the Department
with regard to | ||||||
| 24 | licenses, certificates, or authorities of persons
| ||||||
| 25 | exercising the respective professions, trades, or | ||||||
| 26 | occupations and to
revoke, suspend, refuse to renew, place | ||||||
| |||||||
| |||||||
| 1 | on probationary status, or take
other disciplinary action | ||||||
| 2 | as authorized in any licensing Act
administered by the | ||||||
| 3 | Department with regard to those licenses,
certificates, or | ||||||
| 4 | authorities. | ||||||
| 5 | The Department shall issue a monthly
disciplinary | ||||||
| 6 | report. | ||||||
| 7 | The Department shall deny any license or
renewal | ||||||
| 8 | authorized by the Civil Administrative Code of Illinois to | ||||||
| 9 | any person
who has defaulted on an
educational loan or | ||||||
| 10 | scholarship provided by or guaranteed by the Illinois
| ||||||
| 11 | Student Assistance Commission or any governmental agency | ||||||
| 12 | of this State;
however, the Department may issue a license | ||||||
| 13 | or renewal if the
aforementioned persons have established a | ||||||
| 14 | satisfactory repayment record as
determined by the | ||||||
| 15 | Illinois Student Assistance Commission or other | ||||||
| 16 | appropriate
governmental agency of this State. | ||||||
| 17 | Additionally, beginning June 1, 1996,
any license issued by | ||||||
| 18 | the Department may be suspended or revoked if the
| ||||||
| 19 | Department, after the opportunity for a hearing under the | ||||||
| 20 | appropriate licensing
Act, finds that the licensee has | ||||||
| 21 | failed to make satisfactory repayment to the
Illinois | ||||||
| 22 | Student Assistance Commission for a delinquent or | ||||||
| 23 | defaulted loan.
For the purposes of this Section, | ||||||
| 24 | "satisfactory repayment record" shall be
defined by rule. | ||||||
| 25 | The Department shall refuse to issue or renew a license | ||||||
| 26 | to,
or shall suspend or revoke a license of, any person | ||||||
| |||||||
| |||||||
| 1 | who, after receiving
notice, fails to comply with a | ||||||
| 2 | subpoena or warrant relating to a paternity or
child | ||||||
| 3 | support proceeding. However, the Department may issue a | ||||||
| 4 | license or
renewal upon compliance with the subpoena or | ||||||
| 5 | warrant.
| ||||||
| 6 | The Department, without further process or hearings, | ||||||
| 7 | shall revoke, suspend,
or deny any license or renewal | ||||||
| 8 | authorized by the Civil Administrative Code of
Illinois to | ||||||
| 9 | a person who is certified by the Department of Healthcare | ||||||
| 10 | and Family Services (formerly Illinois Department of | ||||||
| 11 | Public Aid)
as being more than 30 days delinquent in | ||||||
| 12 | complying with a child support order
or who is certified by | ||||||
| 13 | a court as being in violation of the Non-Support
Punishment | ||||||
| 14 | Act for more than 60 days. The Department may, however, | ||||||
| 15 | issue a
license or renewal if the person has established a | ||||||
| 16 | satisfactory repayment
record as determined by the | ||||||
| 17 | Department of Healthcare and Family Services (formerly
| ||||||
| 18 | Illinois Department of Public Aid) or if the person
is | ||||||
| 19 | determined by the court to be in compliance with the | ||||||
| 20 | Non-Support Punishment
Act. The Department may implement | ||||||
| 21 | this paragraph as added by Public Act 89-6
through the use | ||||||
| 22 | of emergency rules in accordance with Section 5-45 of the
| ||||||
| 23 | Illinois Administrative Procedure Act. For purposes of the | ||||||
| 24 | Illinois
Administrative Procedure Act, the adoption of | ||||||
| 25 | rules to implement this
paragraph shall be considered an | ||||||
| 26 | emergency and necessary for the public
interest, safety, | ||||||
| |||||||
| |||||||
| 1 | and welfare.
| ||||||
| 2 | (6) To transfer jurisdiction of any realty under the | ||||||
| 3 | control of the
Department to any other department of the | ||||||
| 4 | State Government or to acquire
or accept federal lands when | ||||||
| 5 | the transfer, acquisition, or acceptance is
advantageous | ||||||
| 6 | to the State and is approved in writing by the Governor.
| ||||||
| 7 | (7) To formulate rules and regulations necessary for | ||||||
| 8 | the enforcement of
any Act administered by the Department.
| ||||||
| 9 | (8) To exchange with the Department of Healthcare and | ||||||
| 10 | Family Services information
that may be necessary for the | ||||||
| 11 | enforcement of child support orders entered
pursuant to the | ||||||
| 12 | Illinois Public Aid Code, the Illinois Marriage and | ||||||
| 13 | Dissolution
of Marriage Act, the Non-Support of Spouse and | ||||||
| 14 | Children Act, the Non-Support
Punishment Act, the Revised | ||||||
| 15 | Uniform Reciprocal Enforcement of Support Act, the
Uniform | ||||||
| 16 | Interstate Family Support Act, the Illinois Parentage Act | ||||||
| 17 | of 1984, or the Illinois Parentage Act of 2015.
| ||||||
| 18 | Notwithstanding any provisions in this Code to the | ||||||
| 19 | contrary, the Department of
Professional Regulation shall | ||||||
| 20 | not be liable under any federal or State law to
any person | ||||||
| 21 | for any disclosure of information to the Department of | ||||||
| 22 | Healthcare and Family Services (formerly Illinois | ||||||
| 23 | Department of
Public Aid)
under this paragraph (8) or for | ||||||
| 24 | any other action taken in good faith
to comply with the | ||||||
| 25 | requirements of this paragraph (8).
| ||||||
| 26 | (8.5) To accept continuing education credit for | ||||||
| |||||||
| |||||||
| 1 | mandated reporter training on how to recognize and report | ||||||
| 2 | child abuse offered by the Department of Children and | ||||||
| 3 | Family Services and completed by any person who holds a | ||||||
| 4 | professional license issued by the Department and who is a | ||||||
| 5 | mandated reporter under the Abused and Neglected Child | ||||||
| 6 | Reporting Act. The Department shall adopt any rules | ||||||
| 7 | necessary to implement this paragraph. | ||||||
| 8 | (9) To perform other duties prescribed
by law.
| ||||||
| 9 | (a-5) Except in cases involving default on an educational | ||||||
| 10 | loan or scholarship provided by or guaranteed by the Illinois | ||||||
| 11 | Student Assistance Commission or any governmental agency of | ||||||
| 12 | this State or in cases involving delinquency in complying with | ||||||
| 13 | a child support order or violation of the Non-Support | ||||||
| 14 | Punishment Act and notwithstanding anything that may appear in | ||||||
| 15 | any individual licensing Act or administrative rule, no person | ||||||
| 16 | or entity whose license, certificate, or authority has been | ||||||
| 17 | revoked as authorized in any licensing Act administered by the | ||||||
| 18 | Department may apply for restoration of that license, | ||||||
| 19 | certification, or authority until 3 years after the effective | ||||||
| 20 | date of the revocation. | ||||||
| 21 | (b) The Department may, when a fee is payable to the | ||||||
| 22 | Department for a wall
certificate of registration provided by | ||||||
| 23 | the Department of Central Management
Services, require that | ||||||
| 24 | portion of the payment for printing and distribution
costs be | ||||||
| 25 | made directly or through the Department to the Department of | ||||||
| 26 | Central
Management Services for deposit into the Paper and | ||||||
| |||||||
| |||||||
| 1 | Printing Revolving Fund.
The remainder shall be deposited into | ||||||
| 2 | the General Revenue Fund.
| ||||||
| 3 | (c) For the purpose of securing and preparing evidence, and | ||||||
| 4 | for the purchase
of controlled substances, professional | ||||||
| 5 | services, and equipment necessary for
enforcement activities, | ||||||
| 6 | recoupment of investigative costs, and other activities
| ||||||
| 7 | directed at suppressing the misuse and abuse of controlled | ||||||
| 8 | substances,
including those activities set forth in Sections | ||||||
| 9 | 504 and 508 of the Illinois
Controlled Substances Act, the | ||||||
| 10 | Director and agents appointed and authorized by
the Director | ||||||
| 11 | may expend sums from the Professional Regulation Evidence Fund
| ||||||
| 12 | that the Director deems necessary from the amounts appropriated | ||||||
| 13 | for that
purpose. Those sums may be advanced to the agent when | ||||||
| 14 | the Director deems that
procedure to be in the public interest. | ||||||
| 15 | Sums for the purchase of controlled
substances, professional | ||||||
| 16 | services, and equipment necessary for enforcement
activities | ||||||
| 17 | and other activities as set forth in this Section shall be | ||||||
| 18 | advanced
to the agent who is to make the purchase from the | ||||||
| 19 | Professional Regulation
Evidence Fund on vouchers signed by the | ||||||
| 20 | Director. The Director and those
agents are authorized to | ||||||
| 21 | maintain one or more commercial checking accounts with
any | ||||||
| 22 | State banking corporation or corporations organized under or | ||||||
| 23 | subject to the
Illinois Banking Act for the deposit and | ||||||
| 24 | withdrawal of moneys to be used for
the purposes set forth in | ||||||
| 25 | this Section; provided, that no check may be written
nor any | ||||||
| 26 | withdrawal made from any such account except upon the written
| ||||||
| |||||||
| |||||||
| 1 | signatures of 2 persons designated by the Director to write | ||||||
| 2 | those checks and
make those withdrawals. Vouchers for those | ||||||
| 3 | expenditures must be signed by the
Director. All such | ||||||
| 4 | expenditures shall be audited by the Director, and the
audit | ||||||
| 5 | shall be submitted to the Department of Central Management | ||||||
| 6 | Services for
approval.
| ||||||
| 7 | (d) Whenever the Department is authorized or required by | ||||||
| 8 | law to consider
some aspect of criminal history record | ||||||
| 9 | information for the purpose of carrying
out its statutory | ||||||
| 10 | powers and responsibilities, then, upon request and payment
of | ||||||
| 11 | fees in conformance with the requirements of Section 2605-400 | ||||||
| 12 | of the
Department of State Police Law (20 ILCS 2605/2605-400), | ||||||
| 13 | the Department of State
Police is authorized to furnish, | ||||||
| 14 | pursuant to positive identification, the
information contained | ||||||
| 15 | in State files that is necessary to fulfill the request.
| ||||||
| 16 | (e) The provisions of this Section do not apply to private | ||||||
| 17 | business and
vocational schools as defined by Section 15 of the | ||||||
| 18 | Private Business and
Vocational Schools Act of 2012.
| ||||||
| 19 | (f) (Blank).
| ||||||
| 20 | (g) Notwithstanding anything that may appear in any | ||||||
| 21 | individual licensing statute or administrative rule, the | ||||||
| 22 | Department shall deny any license application or renewal | ||||||
| 23 | authorized under any licensing Act administered by the | ||||||
| 24 | Department to any person who has failed to file a return, or to | ||||||
| 25 | pay the tax, penalty, or interest shown in a filed return, or | ||||||
| 26 | to pay any final assessment of tax, penalty, or interest, as | ||||||
| |||||||
| |||||||
| 1 | required by any tax Act administered by the Illinois Department | ||||||
| 2 | of Revenue, until such time as the requirement of any such tax | ||||||
| 3 | Act are satisfied; however, the Department may issue a license | ||||||
| 4 | or renewal if the person has established a satisfactory | ||||||
| 5 | repayment record as determined by the Illinois Department of | ||||||
| 6 | Revenue. For the purpose of this Section, "satisfactory | ||||||
| 7 | repayment record" shall be defined by rule.
| ||||||
| 8 | In addition, a complaint filed with the Department by the | ||||||
| 9 | Illinois Department of Revenue that includes a certification, | ||||||
| 10 | signed by its Director or designee, attesting to the amount of | ||||||
| 11 | the unpaid tax liability or the years for which a return was | ||||||
| 12 | not filed, or both, is prima facie evidence of the licensee's | ||||||
| 13 | failure to comply with the tax laws administered by the | ||||||
| 14 | Illinois Department of Revenue. Upon receipt of that | ||||||
| 15 | certification, the Department shall, without a hearing, | ||||||
| 16 | immediately suspend all licenses held by the licensee. | ||||||
| 17 | Enforcement of the Department's order shall be stayed for 60 | ||||||
| 18 | days. The Department shall provide notice of the suspension to | ||||||
| 19 | the licensee by mailing a copy of the Department's order by | ||||||
| 20 | certified and regular mail to the licensee's last known address | ||||||
| 21 | as registered with the Department. The notice shall advise the | ||||||
| 22 | licensee that the suspension shall be effective 60 days after | ||||||
| 23 | the issuance of the Department's order unless the Department | ||||||
| 24 | receives, from the licensee, a request for a hearing before the | ||||||
| 25 | Department to dispute the matters contained in the order.
| ||||||
| 26 | Any suspension imposed under this subsection (g) shall be | ||||||
| |||||||
| |||||||
| 1 | terminated by the Department upon notification from the | ||||||
| 2 | Illinois Department of Revenue that the licensee is in | ||||||
| 3 | compliance with all tax laws administered by the Illinois | ||||||
| 4 | Department of Revenue.
| ||||||
| 5 | The Department may promulgate rules for the administration | ||||||
| 6 | of this subsection (g).
| ||||||
| 7 | (h) The Department may grant the title "Retired", to be | ||||||
| 8 | used immediately adjacent to the title of a profession | ||||||
| 9 | regulated by the Department, to eligible retirees. For | ||||||
| 10 | individuals licensed under the Medical Practice Act of 1987, | ||||||
| 11 | the title "Retired" may be used in the profile required by the | ||||||
| 12 | Patients' Right to Know Act. The use of the title "Retired" | ||||||
| 13 | shall not constitute representation of current licensure, | ||||||
| 14 | registration, or certification. Any person without an active | ||||||
| 15 | license, registration, or certificate in a profession that | ||||||
| 16 | requires licensure, registration, or certification shall not | ||||||
| 17 | be permitted to practice that profession. | ||||||
| 18 | (i) Within 180 days after December 23, 2009 (the effective | ||||||
| 19 | date of Public Act 96-852), the Department shall promulgate | ||||||
| 20 | rules which permit a person with a criminal record, who seeks a | ||||||
| 21 | license or certificate in an occupation for which a criminal | ||||||
| 22 | record is not expressly a per se bar, to apply to the | ||||||
| 23 | Department for a non-binding, advisory opinion to be provided | ||||||
| 24 | by the Board or body with the authority to issue the license or | ||||||
| 25 | certificate as to whether his or her criminal record would bar | ||||||
| 26 | the individual from the licensure or certification sought, | ||||||
| |||||||
| |||||||
| 1 | should the individual meet all other licensure requirements | ||||||
| 2 | including, but not limited to, the successful completion of the | ||||||
| 3 | relevant examinations. | ||||||
| 4 | (Source: P.A. 98-756, eff. 7-16-14; 98-850, eff. 1-1-15; 99-85, | ||||||
| 5 | eff. 1-1-16; 99-227, eff. 8-3-15; 99-330, eff. 8-10-15; revised | ||||||
| 6 | 10-16-15.)
| ||||||
| 7 | Section 95. The Department of Public Health Powers and | ||||||
| 8 | Duties Law of the
Civil Administrative Code of Illinois is | ||||||
| 9 | amended by setting forth, renumbering, and changing multiple | ||||||
| 10 | versions of Section 2310-685 as follows:
| ||||||
| 11 | (20 ILCS 2310/2310-685) | ||||||
| 12 | Sec. 2310-685. Health care facility; policy to encourage | ||||||
| 13 | participation in capital projects. | ||||||
| 14 | (a) A health care facility shall develop a policy to | ||||||
| 15 | encourage the participation of minority-owned, women-owned, | ||||||
| 16 | veteran-owned, and small business enterprises in capital | ||||||
| 17 | projects undertaken by the health care facility. | ||||||
| 18 | (b) A health care system may develop a system-wide policy | ||||||
| 19 | in order to comply with the requirement of subsection (a) of | ||||||
| 20 | this Section. | ||||||
| 21 | (c) The policy required under this Section must be | ||||||
| 22 | developed no later than 6 months after January 1, 2016 (the | ||||||
| 23 | effective date of Public Act 99-315) this amendatory Act of the | ||||||
| 24 | 99th General Assembly. | ||||||
| |||||||
| |||||||
| 1 | (d) This Section does not apply to health care facilities | ||||||
| 2 | with 100 or fewer beds, health care facilities located in a | ||||||
| 3 | county with a total census population of less than 3,000,000, | ||||||
| 4 | or health care facilities owned or operated by a unit of local | ||||||
| 5 | government or the State or federal government. | ||||||
| 6 | (e) For the purpose of this Section, "health care facility" | ||||||
| 7 | has the same meaning as set forth in the Illinois Health | ||||||
| 8 | Facilities Planning Act.
| ||||||
| 9 | (Source: P.A. 99-315, eff. 1-1-16; revised 9-28-15.)
| ||||||
| 10 | (20 ILCS 2310/2310-690) | ||||||
| 11 | Sec. 2310-690 2310-685. Cytomegalovirus public education. | ||||||
| 12 | (a) In this Section: | ||||||
| 13 | "CMV" means cytomegalovirus. | ||||||
| 14 | "Health care provider" means any physician, hospital | ||||||
| 15 | facility, or other
person that is licensed or otherwise | ||||||
| 16 | authorized to deliver health care
services. | ||||||
| 17 | (b) The Department shall develop or approve and publish | ||||||
| 18 | informational materials for women who may become pregnant, | ||||||
| 19 | expectant parents, and parents of infants regarding: | ||||||
| 20 | (1) the incidence of CMV; | ||||||
| 21 | (2) the transmission of CMV to pregnant women and women | ||||||
| 22 | who may become pregnant; | ||||||
| 23 | (3) birth defects caused by congenital CMV; | ||||||
| 24 | (4) methods of diagnosing congenital CMV; and | ||||||
| 25 | (5) available preventive measures to avoid the | ||||||
| |||||||
| |||||||
| 1 | infection of women who are pregnant or may become pregnant. | ||||||
| 2 | (c) The Department shall publish the information required | ||||||
| 3 | under subsection (b) on its Internet website. | ||||||
| 4 | (d) The Department shall publish information to: | ||||||
| 5 | (1) educate women who may become pregnant, expectant | ||||||
| 6 | parents, and parents of infants about CMV; and | ||||||
| 7 | (2) raise awareness of CMV among health care providers | ||||||
| 8 | who provide care to expectant mothers or infants. | ||||||
| 9 | (e) The Department may solicit and accept the assistance of | ||||||
| 10 | any relevant medical associations or community resources, | ||||||
| 11 | including faith-based resources, to promote education about | ||||||
| 12 | CMV under this Section. | ||||||
| 13 | (f) If a newborn infant fails the 2 initial hearing | ||||||
| 14 | screenings in the hospital, then the hospital performing that | ||||||
| 15 | screening shall provide to the parents of the newborn infant | ||||||
| 16 | information regarding: (i) birth defects caused by congenital | ||||||
| 17 | CMV; (ii) testing opportunities and options for CMV, including | ||||||
| 18 | the opportunity to test for CMV before leaving the hospital; | ||||||
| 19 | and (iii) early intervention services. Health care providers | ||||||
| 20 | may use the materials developed by the Department for | ||||||
| 21 | distribution to parents of newborn infants.
| ||||||
| 22 | (Source: P.A. 99-424, eff. 1-1-16; revised 9-28-15.)
| ||||||
| 23 | Section 100. The Disabilities Services Act of 2003 is | ||||||
| 24 | amended by changing Section 52 as follows:
| ||||||
| |||||||
| |||||||
| 1 | (20 ILCS 2407/52) | ||||||
| 2 | Sec. 52. Applicability; definitions. In accordance with | ||||||
| 3 | Section 6071 of the Deficit Reduction Act of 2005 (P.L. | ||||||
| 4 | 109-171), as used in this Article: | ||||||
| 5 | "Departments". The term "Departments" means for the | ||||||
| 6 | purposes of this Act, the Department of Human Services, the | ||||||
| 7 | Department on Aging, Department of Healthcare and Family | ||||||
| 8 | Services and Department of Public Health, unless otherwise | ||||||
| 9 | noted. | ||||||
| 10 | "Home and community-based long-term care services". The | ||||||
| 11 | term "home and community-based long-term care services" means, | ||||||
| 12 | with respect to the State Medicaid program, a service aid, or | ||||||
| 13 | benefit, home and community-based services, including, but not | ||||||
| 14 | limited to, home health and personal care services, that are | ||||||
| 15 | provided to a person with a disability, and are voluntarily | ||||||
| 16 | accepted, as part of his or her long-term care that: (i) is | ||||||
| 17 | provided under the State's qualified home and community-based | ||||||
| 18 | program or that could be provided under such a program but is | ||||||
| 19 | otherwise provided under the Medicaid program; (ii) is | ||||||
| 20 | delivered in a qualified residence; and (iii) is necessary for | ||||||
| 21 | the person with a disability to live in the community. | ||||||
| 22 | "ID/DD community care facility". The term "ID/DD community | ||||||
| 23 | care facility", for the purposes of this Article, means a | ||||||
| 24 | skilled nursing or intermediate long-term care facility | ||||||
| 25 | subject to licensure by the Department of Public Health under | ||||||
| 26 | the ID/DD Community Care Act or the MC/DD Act, an intermediate | ||||||
| |||||||
| |||||||
| 1 | care facility for persons with developmental disabilities | ||||||
| 2 | (ICF-DDs), and a State-operated developmental center or mental | ||||||
| 3 | health center, whether publicly or privately owned. | ||||||
| 4 | "Money Follows the Person" Demonstration. Enacted by the | ||||||
| 5 | Deficit Reduction Act of 2005, the Money Follows the Person | ||||||
| 6 | (MFP) Rebalancing Demonstration is part of a comprehensive, | ||||||
| 7 | coordinated strategy to assist states, in collaboration with | ||||||
| 8 | stakeholders, to make widespread changes to their long-term | ||||||
| 9 | care support systems. This initiative will assist states in | ||||||
| 10 | their efforts to reduce their reliance on institutional care | ||||||
| 11 | while developing community-based long-term care opportunities, | ||||||
| 12 | enabling the elderly and people with disabilities to fully | ||||||
| 13 | participate in their communities. | ||||||
| 14 | "Public funds" mean any funds appropriated by the General | ||||||
| 15 | Assembly to the Departments of Human Services, on Aging, of | ||||||
| 16 | Healthcare and Family Services and of Public Health for | ||||||
| 17 | settings and services as defined in this Article. | ||||||
| 18 | "Qualified residence". The term "qualified residence" | ||||||
| 19 | means, with respect to an eligible individual: (i) a home owned | ||||||
| 20 | or leased by the individual or the individual's authorized | ||||||
| 21 | representative (as defined by P.L. 109-171); (ii) an apartment | ||||||
| 22 | with an individual lease, with lockable access and egress, and | ||||||
| 23 | which includes living, sleeping, bathing, and cooking areas | ||||||
| 24 | over which the individual or the individual's family has domain | ||||||
| 25 | and control; or (iii) a residence, in a community-based | ||||||
| 26 | residential setting, in which no more than 4 unrelated | ||||||
| |||||||
| |||||||
| 1 | individuals reside. Where qualified residences are not | ||||||
| 2 | sufficient to meet the demand of eligible individuals, | ||||||
| 3 | time-limited exceptions to this definition may be developed | ||||||
| 4 | through administrative rule. | ||||||
| 5 | "Self-directed services". The term "self-directed | ||||||
| 6 | services" means, with respect to home and community-based | ||||||
| 7 | long-term services for an eligible individual, those services | ||||||
| 8 | for the individual that are planned and purchased under the | ||||||
| 9 | direction and control of the individual or the individual's | ||||||
| 10 | authorized representative, including the amount, duration, | ||||||
| 11 | scope, provider, and location of such services, under the State | ||||||
| 12 | Medicaid program consistent with the following requirements: | ||||||
| 13 | (a) Assessment: there is an assessment of the needs, | ||||||
| 14 | capabilities, and preference of the individual with | ||||||
| 15 | respect to such services. | ||||||
| 16 | (b) Individual service care or treatment plan: based on | ||||||
| 17 | the assessment, there is development jointly with such | ||||||
| 18 | individual or individual's authorized representative, a | ||||||
| 19 | plan for such services for the individual that (i) | ||||||
| 20 | specifies those services, if any, that the individual or | ||||||
| 21 | the individual's authorized representative would be | ||||||
| 22 | responsible for directing; (ii) identifies the methods by | ||||||
| 23 | which the individual or the individual's authorized | ||||||
| 24 | representative or an agency designated by an individual or | ||||||
| 25 | representative will select, manage, and dismiss providers | ||||||
| 26 | of such services.
| ||||||
| |||||||
| |||||||
| 1 | (Source: P.A. 99-143, eff. 7-27-15; 99-180, eff. 7-29-15; | ||||||
| 2 | revised 11-3-15.)
| ||||||
| 3 | Section 105. The Criminal Identification Act is amended by | ||||||
| 4 | changing Section 5.2 as follows:
| ||||||
| 5 | (20 ILCS 2630/5.2)
| ||||||
| 6 | Sec. 5.2. Expungement and sealing. | ||||||
| 7 | (a) General Provisions. | ||||||
| 8 | (1) Definitions. In this Act, words and phrases have
| ||||||
| 9 | the meanings set forth in this subsection, except when a
| ||||||
| 10 | particular context clearly requires a different meaning. | ||||||
| 11 | (A) The following terms shall have the meanings | ||||||
| 12 | ascribed to them in the Unified Code of Corrections, | ||||||
| 13 | 730 ILCS 5/5-1-2 through 5/5-1-22: | ||||||
| 14 | (i) Business Offense (730 ILCS 5/5-1-2), | ||||||
| 15 | (ii) Charge (730 ILCS 5/5-1-3), | ||||||
| 16 | (iii) Court (730 ILCS 5/5-1-6), | ||||||
| 17 | (iv) Defendant (730 ILCS 5/5-1-7), | ||||||
| 18 | (v) Felony (730 ILCS 5/5-1-9), | ||||||
| 19 | (vi) Imprisonment (730 ILCS 5/5-1-10), | ||||||
| 20 | (vii) Judgment (730 ILCS 5/5-1-12), | ||||||
| 21 | (viii) Misdemeanor (730 ILCS 5/5-1-14), | ||||||
| 22 | (ix) Offense (730 ILCS 5/5-1-15), | ||||||
| 23 | (x) Parole (730 ILCS 5/5-1-16), | ||||||
| 24 | (xi) Petty Offense (730 ILCS 5/5-1-17), | ||||||
| |||||||
| |||||||
| 1 | (xii) Probation (730 ILCS 5/5-1-18), | ||||||
| 2 | (xiii) Sentence (730 ILCS 5/5-1-19), | ||||||
| 3 | (xiv) Supervision (730 ILCS 5/5-1-21), and | ||||||
| 4 | (xv) Victim (730 ILCS 5/5-1-22). | ||||||
| 5 | (B) As used in this Section, "charge not initiated | ||||||
| 6 | by arrest" means a charge (as defined by 730 ILCS | ||||||
| 7 | 5/5-1-3) brought against a defendant where the | ||||||
| 8 | defendant is not arrested prior to or as a direct | ||||||
| 9 | result of the charge. | ||||||
| 10 | (C) "Conviction" means a judgment of conviction or | ||||||
| 11 | sentence entered upon a plea of guilty or upon a | ||||||
| 12 | verdict or finding of guilty of an offense, rendered by | ||||||
| 13 | a legally constituted jury or by a court of competent | ||||||
| 14 | jurisdiction authorized to try the case without a jury. | ||||||
| 15 | An order of supervision successfully completed by the | ||||||
| 16 | petitioner is not a conviction. An order of qualified | ||||||
| 17 | probation (as defined in subsection (a)(1)(J)) | ||||||
| 18 | successfully completed by the petitioner is not a | ||||||
| 19 | conviction. An order of supervision or an order of | ||||||
| 20 | qualified probation that is terminated | ||||||
| 21 | unsatisfactorily is a conviction, unless the | ||||||
| 22 | unsatisfactory termination is reversed, vacated, or | ||||||
| 23 | modified and the judgment of conviction, if any, is | ||||||
| 24 | reversed or vacated. | ||||||
| 25 | (D) "Criminal offense" means a petty offense, | ||||||
| 26 | business offense, misdemeanor, felony, or municipal | ||||||
| |||||||
| |||||||
| 1 | ordinance violation (as defined in subsection | ||||||
| 2 | (a)(1)(H)). As used in this Section, a minor traffic | ||||||
| 3 | offense (as defined in subsection (a)(1)(G)) shall not | ||||||
| 4 | be considered a criminal offense. | ||||||
| 5 | (E) "Expunge" means to physically destroy the | ||||||
| 6 | records or return them to the petitioner and to | ||||||
| 7 | obliterate the petitioner's name from any official | ||||||
| 8 | index or public record, or both. Nothing in this Act | ||||||
| 9 | shall require the physical destruction of the circuit | ||||||
| 10 | court file, but such records relating to arrests or | ||||||
| 11 | charges, or both, ordered expunged shall be impounded | ||||||
| 12 | as required by subsections (d)(9)(A)(ii) and | ||||||
| 13 | (d)(9)(B)(ii). | ||||||
| 14 | (F) As used in this Section, "last sentence" means | ||||||
| 15 | the sentence, order of supervision, or order of | ||||||
| 16 | qualified probation (as defined by subsection | ||||||
| 17 | (a)(1)(J)), for a criminal offense (as defined by | ||||||
| 18 | subsection (a)(1)(D)) that terminates last in time in | ||||||
| 19 | any jurisdiction, regardless of whether the petitioner | ||||||
| 20 | has included the criminal offense for which the | ||||||
| 21 | sentence or order of supervision or qualified | ||||||
| 22 | probation was imposed in his or her petition. If | ||||||
| 23 | multiple sentences, orders of supervision, or orders | ||||||
| 24 | of qualified probation terminate on the same day and | ||||||
| 25 | are last in time, they shall be collectively considered | ||||||
| 26 | the "last sentence" regardless of whether they were | ||||||
| |||||||
| |||||||
| 1 | ordered to run concurrently. | ||||||
| 2 | (G) "Minor traffic offense" means a petty offense, | ||||||
| 3 | business offense, or Class C misdemeanor under the | ||||||
| 4 | Illinois Vehicle Code or a similar provision of a | ||||||
| 5 | municipal or local ordinance. | ||||||
| 6 | (H) "Municipal ordinance violation" means an | ||||||
| 7 | offense defined by a municipal or local ordinance that | ||||||
| 8 | is criminal in nature and with which the petitioner was | ||||||
| 9 | charged or for which the petitioner was arrested and | ||||||
| 10 | released without charging. | ||||||
| 11 | (I) "Petitioner" means an adult or a minor | ||||||
| 12 | prosecuted as an
adult who has applied for relief under | ||||||
| 13 | this Section. | ||||||
| 14 | (J) "Qualified probation" means an order of | ||||||
| 15 | probation under Section 10 of the Cannabis Control Act, | ||||||
| 16 | Section 410 of the Illinois Controlled Substances Act, | ||||||
| 17 | Section 70 of the Methamphetamine Control and | ||||||
| 18 | Community Protection Act, Section 5-6-3.3 or 5-6-3.4 | ||||||
| 19 | of the Unified Code of Corrections, Section | ||||||
| 20 | 12-4.3(b)(1) and (2) of the Criminal Code of 1961 (as | ||||||
| 21 | those provisions existed before their deletion by | ||||||
| 22 | Public Act 89-313), Section 10-102 of the Illinois | ||||||
| 23 | Alcoholism and Other Drug Dependency Act, Section | ||||||
| 24 | 40-10 of the Alcoholism and Other Drug Abuse and | ||||||
| 25 | Dependency Act, or Section 10 of the Steroid Control | ||||||
| 26 | Act. For the purpose of this Section, "successful | ||||||
| |||||||
| |||||||
| 1 | completion" of an order of qualified probation under | ||||||
| 2 | Section 10-102 of the Illinois Alcoholism and Other | ||||||
| 3 | Drug Dependency Act and Section 40-10 of the Alcoholism | ||||||
| 4 | and Other Drug Abuse and Dependency Act means that the | ||||||
| 5 | probation was terminated satisfactorily and the | ||||||
| 6 | judgment of conviction was vacated. | ||||||
| 7 | (K) "Seal" means to physically and electronically | ||||||
| 8 | maintain the records, unless the records would | ||||||
| 9 | otherwise be destroyed due to age, but to make the | ||||||
| 10 | records unavailable without a court order, subject to | ||||||
| 11 | the exceptions in Sections 12 and 13 of this Act. The | ||||||
| 12 | petitioner's name shall also be obliterated from the | ||||||
| 13 | official index required to be kept by the circuit court | ||||||
| 14 | clerk under Section 16 of the Clerks of Courts Act, but | ||||||
| 15 | any index issued by the circuit court clerk before the | ||||||
| 16 | entry of the order to seal shall not be affected. | ||||||
| 17 | (L) "Sexual offense committed against a minor" | ||||||
| 18 | includes but is
not limited to the offenses of indecent | ||||||
| 19 | solicitation of a child
or criminal sexual abuse when | ||||||
| 20 | the victim of such offense is
under 18 years of age. | ||||||
| 21 | (M) "Terminate" as it relates to a sentence or | ||||||
| 22 | order of supervision or qualified probation includes | ||||||
| 23 | either satisfactory or unsatisfactory termination of | ||||||
| 24 | the sentence, unless otherwise specified in this | ||||||
| 25 | Section. | ||||||
| 26 | (2) Minor Traffic Offenses.
Orders of supervision or | ||||||
| |||||||
| |||||||
| 1 | convictions for minor traffic offenses shall not affect a | ||||||
| 2 | petitioner's eligibility to expunge or seal records | ||||||
| 3 | pursuant to this Section. | ||||||
| 4 | (3) Exclusions. Except as otherwise provided in | ||||||
| 5 | subsections (b)(5), (b)(6), (b)(8), (e), (e-5), and (e-6) | ||||||
| 6 | of this Section, the court shall not order: | ||||||
| 7 | (A) the sealing or expungement of the records of | ||||||
| 8 | arrests or charges not initiated by arrest that result | ||||||
| 9 | in an order of supervision for or conviction of:
(i) | ||||||
| 10 | any sexual offense committed against a
minor; (ii) | ||||||
| 11 | Section 11-501 of the Illinois Vehicle Code or a | ||||||
| 12 | similar provision of a local ordinance; or (iii) | ||||||
| 13 | Section 11-503 of the Illinois Vehicle Code or a | ||||||
| 14 | similar provision of a local ordinance, unless the | ||||||
| 15 | arrest or charge is for a misdemeanor violation of | ||||||
| 16 | subsection (a) of Section 11-503 or a similar provision | ||||||
| 17 | of a local ordinance, that occurred prior to the | ||||||
| 18 | offender reaching the age of 25 years and the offender | ||||||
| 19 | has no other conviction for violating Section 11-501 or | ||||||
| 20 | 11-503 of the Illinois Vehicle Code or a similar | ||||||
| 21 | provision of a local ordinance. | ||||||
| 22 | (B) the sealing or expungement of records of minor | ||||||
| 23 | traffic offenses (as defined in subsection (a)(1)(G)), | ||||||
| 24 | unless the petitioner was arrested and released | ||||||
| 25 | without charging. | ||||||
| 26 | (C) the sealing of the records of arrests or | ||||||
| |||||||
| |||||||
| 1 | charges not initiated by arrest which result in an | ||||||
| 2 | order of supervision or a conviction for the following | ||||||
| 3 | offenses: | ||||||
| 4 | (i) offenses included in Article 11 of the | ||||||
| 5 | Criminal Code of 1961 or the Criminal Code of 2012 | ||||||
| 6 | or a similar provision of a local ordinance, except | ||||||
| 7 | Section 11-14 of the Criminal Code of 1961 or the | ||||||
| 8 | Criminal Code of 2012, or a similar provision of a | ||||||
| 9 | local ordinance; | ||||||
| 10 | (ii) Section 11-1.50, 12-3.4, 12-15, 12-30, | ||||||
| 11 | 26-5, or 48-1 of the Criminal Code of 1961 or the | ||||||
| 12 | Criminal Code of 2012, or a similar provision of a | ||||||
| 13 | local ordinance; | ||||||
| 14 | (iii) Sections 12-3.1 or 12-3.2 of the | ||||||
| 15 | Criminal Code of 1961 or the Criminal Code of 2012, | ||||||
| 16 | or Section 125 of the Stalking No Contact Order | ||||||
| 17 | Act, or Section 219 of the Civil No Contact Order | ||||||
| 18 | Act, or a similar provision of a local ordinance; | ||||||
| 19 | (iv) offenses which are Class A misdemeanors | ||||||
| 20 | under the Humane Care for Animals Act; or | ||||||
| 21 | (v) any offense or attempted offense that | ||||||
| 22 | would subject a person to registration under the | ||||||
| 23 | Sex Offender Registration Act. | ||||||
| 24 | (D) the sealing of the records of an arrest which | ||||||
| 25 | results in
the petitioner being charged with a felony | ||||||
| 26 | offense or records of a charge not initiated by arrest | ||||||
| |||||||
| |||||||
| 1 | for a felony offense unless: | ||||||
| 2 | (i) the charge is amended to a misdemeanor and | ||||||
| 3 | is otherwise
eligible to be sealed pursuant to | ||||||
| 4 | subsection (c); | ||||||
| 5 | (ii) the charge is brought along with another | ||||||
| 6 | charge as a part of one case and the charge results | ||||||
| 7 | in acquittal, dismissal, or conviction when the | ||||||
| 8 | conviction was reversed or vacated, and another | ||||||
| 9 | charge brought in the same case results in a | ||||||
| 10 | disposition for a misdemeanor offense that is | ||||||
| 11 | eligible to be sealed pursuant to subsection (c) or | ||||||
| 12 | a disposition listed in paragraph (i), (iii), or | ||||||
| 13 | (iv) of this subsection; | ||||||
| 14 | (iii) the charge results in first offender | ||||||
| 15 | probation as set forth in subsection (c)(2)(E); | ||||||
| 16 | (iv) the charge is for a felony offense listed | ||||||
| 17 | in subsection (c)(2)(F) or the charge is amended to | ||||||
| 18 | a felony offense listed in subsection (c)(2)(F); | ||||||
| 19 | (v) the charge results in acquittal, | ||||||
| 20 | dismissal, or the petitioner's release without | ||||||
| 21 | conviction; or | ||||||
| 22 | (vi) the charge results in a conviction, but | ||||||
| 23 | the conviction was reversed or vacated. | ||||||
| 24 | (b) Expungement. | ||||||
| 25 | (1) A petitioner may petition the circuit court to | ||||||
| 26 | expunge the
records of his or her arrests and charges not | ||||||
| |||||||
| |||||||
| 1 | initiated by arrest when: | ||||||
| 2 | (A) He or she has never been convicted of a | ||||||
| 3 | criminal offense; and | ||||||
| 4 | (B) Each arrest or charge not initiated by arrest
| ||||||
| 5 | sought to be expunged resulted in:
(i) acquittal, | ||||||
| 6 | dismissal, or the petitioner's release without | ||||||
| 7 | charging, unless excluded by subsection (a)(3)(B);
| ||||||
| 8 | (ii) a conviction which was vacated or reversed, unless | ||||||
| 9 | excluded by subsection (a)(3)(B);
(iii) an order of | ||||||
| 10 | supervision and such supervision was successfully | ||||||
| 11 | completed by the petitioner, unless excluded by | ||||||
| 12 | subsection (a)(3)(A) or (a)(3)(B); or
(iv) an order of | ||||||
| 13 | qualified probation (as defined in subsection | ||||||
| 14 | (a)(1)(J)) and such probation was successfully | ||||||
| 15 | completed by the petitioner. | ||||||
| 16 | (2) Time frame for filing a petition to expunge. | ||||||
| 17 | (A) When the arrest or charge not initiated by | ||||||
| 18 | arrest sought to be expunged resulted in an acquittal, | ||||||
| 19 | dismissal, the petitioner's release without charging, | ||||||
| 20 | or the reversal or vacation of a conviction, there is | ||||||
| 21 | no waiting period to petition for the expungement of | ||||||
| 22 | such records. | ||||||
| 23 | (B) When the arrest or charge not initiated by | ||||||
| 24 | arrest
sought to be expunged resulted in an order of | ||||||
| 25 | supervision, successfully
completed by the petitioner, | ||||||
| 26 | the following time frames will apply: | ||||||
| |||||||
| |||||||
| 1 | (i) Those arrests or charges that resulted in | ||||||
| 2 | orders of
supervision under Section 3-707, 3-708, | ||||||
| 3 | 3-710, or 5-401.3 of the Illinois Vehicle Code or a | ||||||
| 4 | similar provision of a local ordinance, or under | ||||||
| 5 | Section 11-1.50, 12-3.2, or 12-15 of the Criminal | ||||||
| 6 | Code of 1961 or the Criminal Code of 2012, or a | ||||||
| 7 | similar provision of a local ordinance, shall not | ||||||
| 8 | be eligible for expungement until 5 years have | ||||||
| 9 | passed following the satisfactory termination of | ||||||
| 10 | the supervision. | ||||||
| 11 | (i-5) Those arrests or charges that resulted | ||||||
| 12 | in orders of supervision for a misdemeanor | ||||||
| 13 | violation of subsection (a) of Section 11-503 of | ||||||
| 14 | the Illinois Vehicle Code or a similar provision of | ||||||
| 15 | a local ordinance, that occurred prior to the | ||||||
| 16 | offender reaching the age of 25 years and the | ||||||
| 17 | offender has no other conviction for violating | ||||||
| 18 | Section 11-501 or 11-503 of the Illinois Vehicle | ||||||
| 19 | Code or a similar provision of a local ordinance | ||||||
| 20 | shall not be eligible for expungement until the | ||||||
| 21 | petitioner has reached the age of 25 years. | ||||||
| 22 | (ii) Those arrests or charges that resulted in | ||||||
| 23 | orders
of supervision for any other offenses shall | ||||||
| 24 | not be
eligible for expungement until 2 years have | ||||||
| 25 | passed
following the satisfactory termination of | ||||||
| 26 | the supervision. | ||||||
| |||||||
| |||||||
| 1 | (C) When the arrest or charge not initiated by | ||||||
| 2 | arrest sought to
be expunged resulted in an order of | ||||||
| 3 | qualified probation, successfully
completed by the | ||||||
| 4 | petitioner, such records shall not be eligible for
| ||||||
| 5 | expungement until 5 years have passed following the | ||||||
| 6 | satisfactory
termination of the probation. | ||||||
| 7 | (3) Those records maintained by the Department for
| ||||||
| 8 | persons arrested prior to their 17th birthday shall be
| ||||||
| 9 | expunged as provided in Section 5-915 of the Juvenile Court
| ||||||
| 10 | Act of 1987. | ||||||
| 11 | (4) Whenever a person has been arrested for or | ||||||
| 12 | convicted of any
offense, in the name of a person whose | ||||||
| 13 | identity he or she has stolen or otherwise
come into | ||||||
| 14 | possession of, the aggrieved person from whom the identity
| ||||||
| 15 | was stolen or otherwise obtained without authorization,
| ||||||
| 16 | upon learning of the person having been arrested using his
| ||||||
| 17 | or her identity, may, upon verified petition to the chief | ||||||
| 18 | judge of
the circuit wherein the arrest was made, have a | ||||||
| 19 | court order
entered nunc pro tunc by the Chief Judge to | ||||||
| 20 | correct the
arrest record, conviction record, if any, and | ||||||
| 21 | all official
records of the arresting authority, the | ||||||
| 22 | Department, other
criminal justice agencies, the | ||||||
| 23 | prosecutor, and the trial
court concerning such arrest, if | ||||||
| 24 | any, by removing his or her name
from all such records in | ||||||
| 25 | connection with the arrest and
conviction, if any, and by | ||||||
| 26 | inserting in the records the
name of the offender, if known | ||||||
| |||||||
| |||||||
| 1 | or ascertainable, in lieu of
the aggrieved's name. The | ||||||
| 2 | records of the circuit court clerk shall be sealed until | ||||||
| 3 | further order of
the court upon good cause shown and the | ||||||
| 4 | name of the
aggrieved person obliterated on the official | ||||||
| 5 | index
required to be kept by the circuit court clerk under
| ||||||
| 6 | Section 16 of the Clerks of Courts Act, but the order shall
| ||||||
| 7 | not affect any index issued by the circuit court clerk
| ||||||
| 8 | before the entry of the order. Nothing in this Section
| ||||||
| 9 | shall limit the Department of State Police or other
| ||||||
| 10 | criminal justice agencies or prosecutors from listing
| ||||||
| 11 | under an offender's name the false names he or she has
| ||||||
| 12 | used. | ||||||
| 13 | (5) Whenever a person has been convicted of criminal
| ||||||
| 14 | sexual assault, aggravated criminal sexual assault,
| ||||||
| 15 | predatory criminal sexual assault of a child, criminal
| ||||||
| 16 | sexual abuse, or aggravated criminal sexual abuse, the
| ||||||
| 17 | victim of that offense may request that the State's
| ||||||
| 18 | Attorney of the county in which the conviction occurred
| ||||||
| 19 | file a verified petition with the presiding trial judge at
| ||||||
| 20 | the petitioner's trial to have a court order entered to | ||||||
| 21 | seal
the records of the circuit court clerk in connection
| ||||||
| 22 | with the proceedings of the trial court concerning that
| ||||||
| 23 | offense. However, the records of the arresting authority
| ||||||
| 24 | and the Department of State Police concerning the offense
| ||||||
| 25 | shall not be sealed. The court, upon good cause shown,
| ||||||
| 26 | shall make the records of the circuit court clerk in
| ||||||
| |||||||
| |||||||
| 1 | connection with the proceedings of the trial court
| ||||||
| 2 | concerning the offense available for public inspection. | ||||||
| 3 | (6) If a conviction has been set aside on direct review
| ||||||
| 4 | or on collateral attack and the court determines by clear
| ||||||
| 5 | and convincing evidence that the petitioner was factually
| ||||||
| 6 | innocent of the charge, the court that finds the petitioner | ||||||
| 7 | factually innocent of the charge shall enter an
expungement | ||||||
| 8 | order for the conviction for which the petitioner has been | ||||||
| 9 | determined to be innocent as provided in subsection (b) of | ||||||
| 10 | Section
5-5-4 of the Unified Code of Corrections. | ||||||
| 11 | (7) Nothing in this Section shall prevent the | ||||||
| 12 | Department of
State Police from maintaining all records of | ||||||
| 13 | any person who
is admitted to probation upon terms and | ||||||
| 14 | conditions and who
fulfills those terms and conditions | ||||||
| 15 | pursuant to Section 10
of the Cannabis Control Act, Section | ||||||
| 16 | 410 of the Illinois
Controlled Substances Act, Section 70 | ||||||
| 17 | of the
Methamphetamine Control and Community Protection | ||||||
| 18 | Act,
Section 5-6-3.3 or 5-6-3.4 of the Unified Code of | ||||||
| 19 | Corrections, Section 12-4.3 or subdivision (b)(1) of | ||||||
| 20 | Section 12-3.05 of the Criminal Code of 1961 or the | ||||||
| 21 | Criminal Code of 2012, Section 10-102
of the Illinois | ||||||
| 22 | Alcoholism and Other Drug Dependency Act,
Section 40-10 of | ||||||
| 23 | the Alcoholism and Other Drug Abuse and
Dependency Act, or | ||||||
| 24 | Section 10 of the Steroid Control Act. | ||||||
| 25 | (8) If the petitioner has been granted a certificate of | ||||||
| 26 | innocence under Section 2-702 of the Code of Civil | ||||||
| |||||||
| |||||||
| 1 | Procedure, the court that grants the certificate of | ||||||
| 2 | innocence shall also enter an order expunging the | ||||||
| 3 | conviction for which the petitioner has been determined to | ||||||
| 4 | be innocent as provided in subsection (h) of Section 2-702 | ||||||
| 5 | of the Code of Civil Procedure. | ||||||
| 6 | (c) Sealing. | ||||||
| 7 | (1) Applicability. Notwithstanding any other provision | ||||||
| 8 | of this Act to the contrary, and cumulative with any rights | ||||||
| 9 | to expungement of criminal records, this subsection | ||||||
| 10 | authorizes the sealing of criminal records of adults and of | ||||||
| 11 | minors prosecuted as adults. | ||||||
| 12 | (2) Eligible Records. The following records may be | ||||||
| 13 | sealed: | ||||||
| 14 | (A) All arrests resulting in release without | ||||||
| 15 | charging; | ||||||
| 16 | (B) Arrests or charges not initiated by arrest | ||||||
| 17 | resulting in acquittal, dismissal, or conviction when | ||||||
| 18 | the conviction was reversed or vacated, except as | ||||||
| 19 | excluded by subsection (a)(3)(B); | ||||||
| 20 | (C) Arrests or charges not initiated by arrest | ||||||
| 21 | resulting in orders of supervision, including orders | ||||||
| 22 | of supervision for municipal ordinance violations, | ||||||
| 23 | successfully completed by the petitioner, unless | ||||||
| 24 | excluded by subsection (a)(3); | ||||||
| 25 | (D) Arrests or charges not initiated by arrest | ||||||
| 26 | resulting in convictions, including convictions on | ||||||
| |||||||
| |||||||
| 1 | municipal ordinance violations, unless excluded by | ||||||
| 2 | subsection (a)(3); | ||||||
| 3 | (E) Arrests or charges not initiated by arrest | ||||||
| 4 | resulting in orders of first offender probation under | ||||||
| 5 | Section 10 of the Cannabis Control Act, Section 410 of | ||||||
| 6 | the Illinois Controlled Substances Act, Section 70 of | ||||||
| 7 | the Methamphetamine Control and Community Protection | ||||||
| 8 | Act, or Section 5-6-3.3 of the Unified Code of | ||||||
| 9 | Corrections; and | ||||||
| 10 | (F) Arrests or charges not initiated by arrest | ||||||
| 11 | resulting in felony convictions for the following | ||||||
| 12 | offenses: | ||||||
| 13 | (i) Class 4 felony convictions for: | ||||||
| 14 | Prostitution under Section 11-14 of the | ||||||
| 15 | Criminal Code of 1961 or the Criminal Code of | ||||||
| 16 | 2012. | ||||||
| 17 | Possession of cannabis under Section 4 of | ||||||
| 18 | the Cannabis Control Act. | ||||||
| 19 | Possession of a controlled substance under | ||||||
| 20 | Section 402 of the Illinois Controlled | ||||||
| 21 | Substances Act. | ||||||
| 22 | Offenses under the Methamphetamine | ||||||
| 23 | Precursor Control Act. | ||||||
| 24 | Offenses under the Steroid Control Act. | ||||||
| 25 | Theft under Section 16-1 of the Criminal | ||||||
| 26 | Code of 1961 or the Criminal Code of 2012. | ||||||
| |||||||
| |||||||
| 1 | Retail theft under Section 16A-3 or | ||||||
| 2 | paragraph (a) of 16-25 of the Criminal Code of | ||||||
| 3 | 1961 or the Criminal Code of 2012. | ||||||
| 4 | Deceptive practices under Section 17-1 of | ||||||
| 5 | the Criminal Code of 1961 or the Criminal Code | ||||||
| 6 | of 2012. | ||||||
| 7 | Forgery under Section 17-3 of the Criminal | ||||||
| 8 | Code of 1961 or the Criminal Code of 2012. | ||||||
| 9 | Possession of burglary tools under Section | ||||||
| 10 | 19-2 of the Criminal Code of 1961 or the | ||||||
| 11 | Criminal Code of 2012. | ||||||
| 12 | (ii) Class 3 felony convictions for: | ||||||
| 13 | Theft under Section 16-1 of the Criminal | ||||||
| 14 | Code of 1961 or the Criminal Code of 2012. | ||||||
| 15 | Retail theft under Section 16A-3 or | ||||||
| 16 | paragraph (a) of 16-25 of the Criminal Code of | ||||||
| 17 | 1961 or the Criminal Code of 2012. | ||||||
| 18 | Deceptive practices under Section 17-1 of | ||||||
| 19 | the Criminal Code of 1961 or the Criminal Code | ||||||
| 20 | of 2012. | ||||||
| 21 | Forgery under Section 17-3 of the Criminal | ||||||
| 22 | Code of 1961 or the Criminal Code of 2012. | ||||||
| 23 | Possession with intent to manufacture or | ||||||
| 24 | deliver a controlled substance under Section | ||||||
| 25 | 401 of the Illinois Controlled Substances Act. | ||||||
| 26 | (3) When Records Are Eligible to Be Sealed. Records | ||||||
| |||||||
| |||||||
| 1 | identified as eligible under subsection (c)(2) may be | ||||||
| 2 | sealed as follows: | ||||||
| 3 | (A) Records identified as eligible under | ||||||
| 4 | subsection (c)(2)(A) and (c)(2)(B) may be sealed at any | ||||||
| 5 | time. | ||||||
| 6 | (B) Except as otherwise provided in subparagraph | ||||||
| 7 | (E) of this paragraph (3), records identified as | ||||||
| 8 | eligible under subsection (c)(2)(C) may be sealed
2 | ||||||
| 9 | years after the termination of petitioner's last | ||||||
| 10 | sentence (as defined in subsection (a)(1)(F)). | ||||||
| 11 | (C) Except as otherwise provided in subparagraph | ||||||
| 12 | (E) of this paragraph (3), records identified as | ||||||
| 13 | eligible under subsections (c)(2)(D), (c)(2)(E), and | ||||||
| 14 | (c)(2)(F) may be sealed 3 years after the termination | ||||||
| 15 | of the petitioner's last sentence (as defined in | ||||||
| 16 | subsection (a)(1)(F)). | ||||||
| 17 | (D) Records identified in subsection | ||||||
| 18 | (a)(3)(A)(iii) may be sealed after the petitioner has | ||||||
| 19 | reached the age of 25 years. | ||||||
| 20 | (E) Records identified as eligible under | ||||||
| 21 | subsections (c)(2)(C), (c)(2)(D), (c)(2)(E), or | ||||||
| 22 | (c)(2)(F) may be sealed upon termination of the | ||||||
| 23 | petitioner's last sentence if the petitioner earned a | ||||||
| 24 | high school diploma, associate's degree, career | ||||||
| 25 | certificate, vocational technical certification, or | ||||||
| 26 | bachelor's degree, or passed the high school level Test | ||||||
| |||||||
| |||||||
| 1 | of General Educational Development, during the period | ||||||
| 2 | of his or her sentence, aftercare release, or mandatory | ||||||
| 3 | supervised release. This subparagraph shall apply only | ||||||
| 4 | to a petitioner who has not completed the same | ||||||
| 5 | educational goal prior to the period of his or her | ||||||
| 6 | sentence, aftercare release, or mandatory supervised | ||||||
| 7 | release. If a petition for sealing eligible records | ||||||
| 8 | filed under this subparagraph is denied by the court, | ||||||
| 9 | the time periods under subparagraph (B) or (C) shall | ||||||
| 10 | apply to any subsequent petition for sealing filed by | ||||||
| 11 | the petitioner. | ||||||
| 12 | (4) Subsequent felony convictions. A person may not | ||||||
| 13 | have
subsequent felony conviction records sealed as | ||||||
| 14 | provided in this subsection
(c) if he or she is convicted | ||||||
| 15 | of any felony offense after the date of the
sealing of | ||||||
| 16 | prior felony convictions as provided in this subsection | ||||||
| 17 | (c). The court may, upon conviction for a subsequent felony | ||||||
| 18 | offense, order the unsealing of prior felony conviction | ||||||
| 19 | records previously ordered sealed by the court. | ||||||
| 20 | (5) Notice of eligibility for sealing. Upon entry of a | ||||||
| 21 | disposition for an eligible record under this subsection | ||||||
| 22 | (c), the petitioner shall be informed by the court of the | ||||||
| 23 | right to have the records sealed and the procedures for the | ||||||
| 24 | sealing of the records. | ||||||
| 25 | (d) Procedure. The following procedures apply to | ||||||
| 26 | expungement under subsections (b), (e), and (e-6) and sealing | ||||||
| |||||||
| |||||||
| 1 | under subsections (c) and (e-5): | ||||||
| 2 | (1) Filing the petition. Upon becoming eligible to | ||||||
| 3 | petition for
the expungement or sealing of records under | ||||||
| 4 | this Section, the petitioner shall file a petition | ||||||
| 5 | requesting the expungement
or sealing of records with the | ||||||
| 6 | clerk of the court where the arrests occurred or the | ||||||
| 7 | charges were brought, or both. If arrests occurred or | ||||||
| 8 | charges were brought in multiple jurisdictions, a petition | ||||||
| 9 | must be filed in each such jurisdiction. The petitioner | ||||||
| 10 | shall pay the applicable fee, if not waived. | ||||||
| 11 | (2) Contents of petition. The petition shall be
| ||||||
| 12 | verified and shall contain the petitioner's name, date of
| ||||||
| 13 | birth, current address and, for each arrest or charge not | ||||||
| 14 | initiated by
arrest sought to be sealed or expunged, the | ||||||
| 15 | case number, the date of
arrest (if any), the identity of | ||||||
| 16 | the arresting authority, and such
other information as the | ||||||
| 17 | court may require. During the pendency
of the proceeding, | ||||||
| 18 | the petitioner shall promptly notify the
circuit court | ||||||
| 19 | clerk of any change of his or her address. If the | ||||||
| 20 | petitioner has received a certificate of eligibility for | ||||||
| 21 | sealing from the Prisoner Review Board under paragraph (10) | ||||||
| 22 | of subsection (a) of Section 3-3-2 of the Unified Code of | ||||||
| 23 | Corrections, the certificate shall be attached to the | ||||||
| 24 | petition. | ||||||
| 25 | (3) Drug test. The petitioner must attach to the | ||||||
| 26 | petition proof that the petitioner has passed a test taken | ||||||
| |||||||
| |||||||
| 1 | within 30 days before the filing of the petition showing | ||||||
| 2 | the absence within his or her body of all illegal | ||||||
| 3 | substances as defined by the Illinois Controlled | ||||||
| 4 | Substances Act, the Methamphetamine Control and Community | ||||||
| 5 | Protection Act, and the Cannabis Control Act if he or she | ||||||
| 6 | is petitioning to: | ||||||
| 7 | (A) seal felony records under clause (c)(2)(E); | ||||||
| 8 | (B) seal felony records for a violation of the | ||||||
| 9 | Illinois Controlled Substances Act, the | ||||||
| 10 | Methamphetamine Control and Community Protection Act, | ||||||
| 11 | or the Cannabis Control Act under clause (c)(2)(F); | ||||||
| 12 | (C) seal felony records under subsection (e-5); or | ||||||
| 13 | (D) expunge felony records of a qualified | ||||||
| 14 | probation under clause (b)(1)(B)(iv). | ||||||
| 15 | (4) Service of petition. The circuit court clerk shall | ||||||
| 16 | promptly
serve a copy of the petition and documentation to | ||||||
| 17 | support the petition under subsection (e-5) or (e-6) on the | ||||||
| 18 | State's Attorney or
prosecutor charged with the duty of | ||||||
| 19 | prosecuting the
offense, the Department of State Police, | ||||||
| 20 | the arresting
agency and the chief legal officer of the | ||||||
| 21 | unit of local
government effecting the arrest. | ||||||
| 22 | (5) Objections. | ||||||
| 23 | (A) Any party entitled to notice of the petition | ||||||
| 24 | may file an objection to the petition. All objections | ||||||
| 25 | shall be in writing, shall be filed with the circuit | ||||||
| 26 | court clerk, and shall state with specificity the basis | ||||||
| |||||||
| |||||||
| 1 | of the objection. Whenever a person who has been | ||||||
| 2 | convicted of an offense is granted
a pardon by the | ||||||
| 3 | Governor which specifically authorizes expungement, an | ||||||
| 4 | objection to the petition may not be filed. | ||||||
| 5 | (B) Objections to a petition to expunge or seal | ||||||
| 6 | must be filed within 60 days of the date of service of | ||||||
| 7 | the petition. | ||||||
| 8 | (6) Entry of order. | ||||||
| 9 | (A) The Chief Judge of the circuit wherein the | ||||||
| 10 | charge was brought, any judge of that circuit | ||||||
| 11 | designated by the Chief Judge, or in counties of less | ||||||
| 12 | than 3,000,000 inhabitants, the presiding trial judge | ||||||
| 13 | at the petitioner's trial, if any, shall rule on the | ||||||
| 14 | petition to expunge or seal as set forth in this | ||||||
| 15 | subsection (d)(6). | ||||||
| 16 | (B) Unless the State's Attorney or prosecutor, the | ||||||
| 17 | Department of
State Police, the arresting agency, or | ||||||
| 18 | the chief legal officer
files an objection to the | ||||||
| 19 | petition to expunge or seal within 60 days from the | ||||||
| 20 | date of service of the petition, the court shall enter | ||||||
| 21 | an order granting or denying the petition. | ||||||
| 22 | (7) Hearings. If an objection is filed, the court shall | ||||||
| 23 | set a date for a hearing and notify the petitioner and all | ||||||
| 24 | parties entitled to notice of the petition of the hearing | ||||||
| 25 | date at least 30 days prior to the hearing. Prior to the | ||||||
| 26 | hearing, the State's Attorney shall consult with the | ||||||
| |||||||
| |||||||
| 1 | Department as to the appropriateness of the relief sought | ||||||
| 2 | in the petition to expunge or seal. At the hearing, the | ||||||
| 3 | court shall hear evidence on whether the petition should or | ||||||
| 4 | should not be granted, and shall grant or deny the petition | ||||||
| 5 | to expunge or seal the records based on the evidence | ||||||
| 6 | presented at the hearing. The court may consider the | ||||||
| 7 | following: | ||||||
| 8 | (A) the strength of the evidence supporting the | ||||||
| 9 | defendant's conviction; | ||||||
| 10 | (B) the reasons for retention of the conviction | ||||||
| 11 | records by the State; | ||||||
| 12 | (C) the petitioner's age, criminal record history, | ||||||
| 13 | and employment history; | ||||||
| 14 | (D) the period of time between the petitioner's | ||||||
| 15 | arrest on the charge resulting in the conviction and | ||||||
| 16 | the filing of the petition under this Section; and | ||||||
| 17 | (E) the specific adverse consequences the | ||||||
| 18 | petitioner may be subject to if the petition is denied. | ||||||
| 19 | (8) Service of order. After entering an order to | ||||||
| 20 | expunge or
seal records, the court must provide copies of | ||||||
| 21 | the order to the
Department, in a form and manner | ||||||
| 22 | prescribed by the Department,
to the petitioner, to the | ||||||
| 23 | State's Attorney or prosecutor
charged with the duty of | ||||||
| 24 | prosecuting the offense, to the
arresting agency, to the | ||||||
| 25 | chief legal officer of the unit of
local government | ||||||
| 26 | effecting the arrest, and to such other
criminal justice | ||||||
| |||||||
| |||||||
| 1 | agencies as may be ordered by the court. | ||||||
| 2 | (9) Implementation of order. | ||||||
| 3 | (A) Upon entry of an order to expunge records | ||||||
| 4 | pursuant to (b)(2)(A) or (b)(2)(B)(ii), or both: | ||||||
| 5 | (i) the records shall be expunged (as defined | ||||||
| 6 | in subsection (a)(1)(E)) by the arresting agency, | ||||||
| 7 | the Department, and any other agency as ordered by | ||||||
| 8 | the court, within 60 days of the date of service of | ||||||
| 9 | the order, unless a motion to vacate, modify, or | ||||||
| 10 | reconsider the order is filed pursuant to | ||||||
| 11 | paragraph (12) of subsection (d) of this Section; | ||||||
| 12 | (ii) the records of the circuit court clerk | ||||||
| 13 | shall be impounded until further order of the court | ||||||
| 14 | upon good cause shown and the name of the | ||||||
| 15 | petitioner obliterated on the official index | ||||||
| 16 | required to be kept by the circuit court clerk | ||||||
| 17 | under Section 16 of the Clerks of Courts Act, but | ||||||
| 18 | the order shall not affect any index issued by the | ||||||
| 19 | circuit court clerk before the entry of the order; | ||||||
| 20 | and | ||||||
| 21 | (iii) in response to an inquiry for expunged | ||||||
| 22 | records, the court, the Department, or the agency | ||||||
| 23 | receiving such inquiry, shall reply as it does in | ||||||
| 24 | response to inquiries when no records ever | ||||||
| 25 | existed. | ||||||
| 26 | (B) Upon entry of an order to expunge records | ||||||
| |||||||
| |||||||
| 1 | pursuant to (b)(2)(B)(i) or (b)(2)(C), or both: | ||||||
| 2 | (i) the records shall be expunged (as defined | ||||||
| 3 | in subsection (a)(1)(E)) by the arresting agency | ||||||
| 4 | and any other agency as ordered by the court, | ||||||
| 5 | within 60 days of the date of service of the order, | ||||||
| 6 | unless a motion to vacate, modify, or reconsider | ||||||
| 7 | the order is filed pursuant to paragraph (12) of | ||||||
| 8 | subsection (d) of this Section; | ||||||
| 9 | (ii) the records of the circuit court clerk | ||||||
| 10 | shall be impounded until further order of the court | ||||||
| 11 | upon good cause shown and the name of the | ||||||
| 12 | petitioner obliterated on the official index | ||||||
| 13 | required to be kept by the circuit court clerk | ||||||
| 14 | under Section 16 of the Clerks of Courts Act, but | ||||||
| 15 | the order shall not affect any index issued by the | ||||||
| 16 | circuit court clerk before the entry of the order; | ||||||
| 17 | (iii) the records shall be impounded by the
| ||||||
| 18 | Department within 60 days of the date of service of | ||||||
| 19 | the order as ordered by the court, unless a motion | ||||||
| 20 | to vacate, modify, or reconsider the order is filed | ||||||
| 21 | pursuant to paragraph (12) of subsection (d) of | ||||||
| 22 | this Section; | ||||||
| 23 | (iv) records impounded by the Department may | ||||||
| 24 | be disseminated by the Department only as required | ||||||
| 25 | by law or to the arresting authority, the State's | ||||||
| 26 | Attorney, and the court upon a later arrest for the | ||||||
| |||||||
| |||||||
| 1 | same or a similar offense or for the purpose of | ||||||
| 2 | sentencing for any subsequent felony, and to the | ||||||
| 3 | Department of Corrections upon conviction for any | ||||||
| 4 | offense; and | ||||||
| 5 | (v) in response to an inquiry for such records | ||||||
| 6 | from anyone not authorized by law to access such | ||||||
| 7 | records, the court, the Department, or the agency | ||||||
| 8 | receiving such inquiry shall reply as it does in | ||||||
| 9 | response to inquiries when no records ever | ||||||
| 10 | existed. | ||||||
| 11 | (B-5) Upon entry of an order to expunge records | ||||||
| 12 | under subsection (e-6): | ||||||
| 13 | (i) the records shall be expunged (as defined | ||||||
| 14 | in subsection (a)(1)(E)) by the arresting agency | ||||||
| 15 | and any other agency as ordered by the court, | ||||||
| 16 | within 60 days of the date of service of the order, | ||||||
| 17 | unless a motion to vacate, modify, or reconsider | ||||||
| 18 | the order is filed under paragraph (12) of | ||||||
| 19 | subsection (d) of this Section; | ||||||
| 20 | (ii) the records of the circuit court clerk | ||||||
| 21 | shall be impounded until further order of the court | ||||||
| 22 | upon good cause shown and the name of the | ||||||
| 23 | petitioner obliterated on the official index | ||||||
| 24 | required to be kept by the circuit court clerk | ||||||
| 25 | under Section 16 of the Clerks of Courts Act, but | ||||||
| 26 | the order shall not affect any index issued by the | ||||||
| |||||||
| |||||||
| 1 | circuit court clerk before the entry of the order; | ||||||
| 2 | (iii) the records shall be impounded by the
| ||||||
| 3 | Department within 60 days of the date of service of | ||||||
| 4 | the order as ordered by the court, unless a motion | ||||||
| 5 | to vacate, modify, or reconsider the order is filed | ||||||
| 6 | under paragraph (12) of subsection (d) of this | ||||||
| 7 | Section; | ||||||
| 8 | (iv) records impounded by the Department may | ||||||
| 9 | be disseminated by the Department only as required | ||||||
| 10 | by law or to the arresting authority, the State's | ||||||
| 11 | Attorney, and the court upon a later arrest for the | ||||||
| 12 | same or a similar offense or for the purpose of | ||||||
| 13 | sentencing for any subsequent felony, and to the | ||||||
| 14 | Department of Corrections upon conviction for any | ||||||
| 15 | offense; and | ||||||
| 16 | (v) in response to an inquiry for these records | ||||||
| 17 | from anyone not authorized by law to access the | ||||||
| 18 | records, the court, the Department, or the agency | ||||||
| 19 | receiving the inquiry shall reply as it does in | ||||||
| 20 | response to inquiries when no records ever | ||||||
| 21 | existed. | ||||||
| 22 | (C) Upon entry of an order to seal records under | ||||||
| 23 | subsection
(c), the arresting agency, any other agency | ||||||
| 24 | as ordered by the court, the Department, and the court | ||||||
| 25 | shall seal the records (as defined in subsection | ||||||
| 26 | (a)(1)(K)). In response to an inquiry for such records, | ||||||
| |||||||
| |||||||
| 1 | from anyone not authorized by law to access such | ||||||
| 2 | records, the court, the Department, or the agency | ||||||
| 3 | receiving such inquiry shall reply as it does in | ||||||
| 4 | response to inquiries when no records ever existed. | ||||||
| 5 | (D) The Department shall send written notice to the | ||||||
| 6 | petitioner of its compliance with each order to expunge | ||||||
| 7 | or seal records within 60 days of the date of service | ||||||
| 8 | of that order or, if a motion to vacate, modify, or | ||||||
| 9 | reconsider is filed, within 60 days of service of the | ||||||
| 10 | order resolving the motion, if that order requires the | ||||||
| 11 | Department to expunge or seal records. In the event of | ||||||
| 12 | an appeal from the circuit court order, the Department | ||||||
| 13 | shall send written notice to the petitioner of its | ||||||
| 14 | compliance with an Appellate Court or Supreme Court | ||||||
| 15 | judgment to expunge or seal records within 60 days of | ||||||
| 16 | the issuance of the court's mandate. The notice is not | ||||||
| 17 | required while any motion to vacate, modify, or | ||||||
| 18 | reconsider, or any appeal or petition for | ||||||
| 19 | discretionary appellate review, is pending. | ||||||
| 20 | (10) Fees. The Department may charge the petitioner a | ||||||
| 21 | fee equivalent to the cost of processing any order to | ||||||
| 22 | expunge or seal records. Notwithstanding any provision of | ||||||
| 23 | the Clerks of Courts Act to the contrary, the circuit court | ||||||
| 24 | clerk may charge a fee equivalent to the cost associated | ||||||
| 25 | with the sealing or expungement of records by the circuit | ||||||
| 26 | court clerk. From the total filing fee collected for the | ||||||
| |||||||
| |||||||
| 1 | petition to seal or expunge, the circuit court clerk shall | ||||||
| 2 | deposit $10 into the Circuit Court Clerk Operation and | ||||||
| 3 | Administrative Fund, to be used to offset the costs | ||||||
| 4 | incurred by the circuit court clerk in performing the | ||||||
| 5 | additional duties required to serve the petition to seal or | ||||||
| 6 | expunge on all parties. The circuit court clerk shall | ||||||
| 7 | collect and forward the Department of State Police portion | ||||||
| 8 | of the fee to the Department and it shall be deposited in | ||||||
| 9 | the State Police Services Fund. | ||||||
| 10 | (11) Final Order. No court order issued under the | ||||||
| 11 | expungement or sealing provisions of this Section shall | ||||||
| 12 | become final for purposes of appeal until 30 days after | ||||||
| 13 | service of the order on the petitioner and all parties | ||||||
| 14 | entitled to notice of the petition. | ||||||
| 15 | (12) Motion to Vacate, Modify, or Reconsider. Under | ||||||
| 16 | Section 2-1203 of the Code of Civil Procedure, the | ||||||
| 17 | petitioner or any party entitled to notice may file a | ||||||
| 18 | motion to vacate, modify, or reconsider the order granting | ||||||
| 19 | or denying the petition to expunge or seal within 60 days | ||||||
| 20 | of service of the order. If filed more than 60 days after | ||||||
| 21 | service of the order, a petition to vacate, modify, or | ||||||
| 22 | reconsider shall comply with subsection (c) of Section | ||||||
| 23 | 2-1401 of the Code of Civil Procedure. Upon filing of a | ||||||
| 24 | motion to vacate, modify, or reconsider, notice of the | ||||||
| 25 | motion shall be served upon the petitioner and all parties | ||||||
| 26 | entitled to notice of the petition. | ||||||
| |||||||
| |||||||
| 1 | (13) Effect of Order. An order granting a petition | ||||||
| 2 | under the expungement or sealing provisions of this Section | ||||||
| 3 | shall not be considered void because it fails to comply | ||||||
| 4 | with the provisions of this Section or because of any error | ||||||
| 5 | asserted in a motion to vacate, modify, or reconsider. The | ||||||
| 6 | circuit court retains jurisdiction to determine whether | ||||||
| 7 | the order is voidable and to vacate, modify, or reconsider | ||||||
| 8 | its terms based on a motion filed under paragraph (12) of | ||||||
| 9 | this subsection (d). | ||||||
| 10 | (14) Compliance with Order Granting Petition to Seal | ||||||
| 11 | Records. Unless a court has entered a stay of an order | ||||||
| 12 | granting a petition to seal, all parties entitled to notice | ||||||
| 13 | of the petition must fully comply with the terms of the | ||||||
| 14 | order within 60 days of service of the order even if a | ||||||
| 15 | party is seeking relief from the order through a motion | ||||||
| 16 | filed under paragraph (12) of this subsection (d) or is | ||||||
| 17 | appealing the order. | ||||||
| 18 | (15) Compliance with Order Granting Petition to | ||||||
| 19 | Expunge Records. While a party is seeking relief from the | ||||||
| 20 | order granting the petition to expunge through a motion | ||||||
| 21 | filed under paragraph (12) of this subsection (d) or is | ||||||
| 22 | appealing the order, and unless a court has entered a stay | ||||||
| 23 | of that order, the parties entitled to notice of the | ||||||
| 24 | petition must seal, but need not expunge, the records until | ||||||
| 25 | there is a final order on the motion for relief or, in the | ||||||
| 26 | case of an appeal, the issuance of that court's mandate. | ||||||
| |||||||
| |||||||
| 1 | (16) The changes to this subsection (d) made by Public | ||||||
| 2 | Act 98-163 apply to all petitions pending on August 5, 2013 | ||||||
| 3 | (the effective date of Public Act 98-163) and to all orders | ||||||
| 4 | ruling on a petition to expunge or seal on or after August | ||||||
| 5 | 5, 2013 (the effective date of Public Act 98-163). | ||||||
| 6 | (e) Whenever a person who has been convicted of an offense | ||||||
| 7 | is granted
a pardon by the Governor which specifically | ||||||
| 8 | authorizes expungement, he or she may,
upon verified petition | ||||||
| 9 | to the Chief Judge of the circuit where the person had
been | ||||||
| 10 | convicted, any judge of the circuit designated by the Chief | ||||||
| 11 | Judge, or in
counties of less than 3,000,000 inhabitants, the | ||||||
| 12 | presiding trial judge at the
defendant's trial, have a court | ||||||
| 13 | order entered expunging the record of
arrest from the official | ||||||
| 14 | records of the arresting authority and order that the
records | ||||||
| 15 | of the circuit court clerk and the Department be sealed until
| ||||||
| 16 | further order of the court upon good cause shown or as | ||||||
| 17 | otherwise provided
herein, and the name of the defendant | ||||||
| 18 | obliterated from the official index
requested to be kept by the | ||||||
| 19 | circuit court clerk under Section 16 of the Clerks
of Courts | ||||||
| 20 | Act in connection with the arrest and conviction for the | ||||||
| 21 | offense for
which he or she had been pardoned but the order | ||||||
| 22 | shall not affect any index issued by
the circuit court clerk | ||||||
| 23 | before the entry of the order. All records sealed by
the | ||||||
| 24 | Department may be disseminated by the Department only to the | ||||||
| 25 | arresting authority, the State's Attorney, and the court upon a | ||||||
| 26 | later
arrest for the same or similar offense or for the purpose | ||||||
| |||||||
| |||||||
| 1 | of sentencing for any
subsequent felony. Upon conviction for | ||||||
| 2 | any subsequent offense, the Department
of Corrections shall | ||||||
| 3 | have access to all sealed records of the Department
pertaining | ||||||
| 4 | to that individual. Upon entry of the order of expungement, the
| ||||||
| 5 | circuit court clerk shall promptly mail a copy of the order to | ||||||
| 6 | the
person who was pardoned. | ||||||
| 7 | (e-5) Whenever a person who has been convicted of an | ||||||
| 8 | offense is granted a certificate of eligibility for sealing by | ||||||
| 9 | the Prisoner Review Board which specifically authorizes | ||||||
| 10 | sealing, he or she may, upon verified petition to the Chief | ||||||
| 11 | Judge of the circuit where the person had been convicted, any | ||||||
| 12 | judge of the circuit designated by the Chief Judge, or in | ||||||
| 13 | counties of less than 3,000,000 inhabitants, the presiding | ||||||
| 14 | trial judge at the petitioner's trial, have a court order | ||||||
| 15 | entered sealing the record of arrest from the official records | ||||||
| 16 | of the arresting authority and order that the records of the | ||||||
| 17 | circuit court clerk and the Department be sealed until further | ||||||
| 18 | order of the court upon good cause shown or as otherwise | ||||||
| 19 | provided herein, and the name of the petitioner obliterated | ||||||
| 20 | from the official index requested to be kept by the circuit | ||||||
| 21 | court clerk under Section 16 of the Clerks of Courts Act in | ||||||
| 22 | connection with the arrest and conviction for the offense for | ||||||
| 23 | which he or she had been granted the certificate but the order | ||||||
| 24 | shall not affect any index issued by the circuit court clerk | ||||||
| 25 | before the entry of the order. All records sealed by the | ||||||
| 26 | Department may be disseminated by the Department only as | ||||||
| |||||||
| |||||||
| 1 | required by this Act or to the arresting authority, a law | ||||||
| 2 | enforcement agency, the State's Attorney, and the court upon a | ||||||
| 3 | later arrest for the same or similar offense or for the purpose | ||||||
| 4 | of sentencing for any subsequent felony. Upon conviction for | ||||||
| 5 | any subsequent offense, the Department of Corrections shall | ||||||
| 6 | have access to all sealed records of the Department pertaining | ||||||
| 7 | to that individual. Upon entry of the order of sealing, the | ||||||
| 8 | circuit court clerk shall promptly mail a copy of the order to | ||||||
| 9 | the person who was granted the certificate of eligibility for | ||||||
| 10 | sealing. | ||||||
| 11 | (e-6) Whenever a person who has been convicted of an | ||||||
| 12 | offense is granted a certificate of eligibility for expungement | ||||||
| 13 | by the Prisoner Review Board which specifically authorizes | ||||||
| 14 | expungement, he or she may, upon verified petition to the Chief | ||||||
| 15 | Judge of the circuit where the person had been convicted, any | ||||||
| 16 | judge of the circuit designated by the Chief Judge, or in | ||||||
| 17 | counties of less than 3,000,000 inhabitants, the presiding | ||||||
| 18 | trial judge at the petitioner's trial, have a court order | ||||||
| 19 | entered expunging the record of arrest from the official | ||||||
| 20 | records of the arresting authority and order that the records | ||||||
| 21 | of the circuit court clerk and the Department be sealed until | ||||||
| 22 | further order of the court upon good cause shown or as | ||||||
| 23 | otherwise provided herein, and the name of the petitioner | ||||||
| 24 | obliterated from the official index requested to be kept by the | ||||||
| 25 | circuit court clerk under Section 16 of the Clerks of Courts | ||||||
| 26 | Act in connection with the arrest and conviction for the | ||||||
| |||||||
| |||||||
| 1 | offense for which he or she had been granted the certificate | ||||||
| 2 | but the order shall not affect any index issued by the circuit | ||||||
| 3 | court clerk before the entry of the order. All records sealed | ||||||
| 4 | by the Department may be disseminated by the Department only as | ||||||
| 5 | required by this Act or to the arresting authority, a law | ||||||
| 6 | enforcement agency, the State's Attorney, and the court upon a | ||||||
| 7 | later arrest for the same or similar offense or for the purpose | ||||||
| 8 | of sentencing for any subsequent felony. Upon conviction for | ||||||
| 9 | any subsequent offense, the Department of Corrections shall | ||||||
| 10 | have access to all expunged records of the Department | ||||||
| 11 | pertaining to that individual. Upon entry of the order of | ||||||
| 12 | expungement, the circuit court clerk shall promptly mail a copy | ||||||
| 13 | of the order to the person who was granted the certificate of | ||||||
| 14 | eligibility for expungement. | ||||||
| 15 | (f) Subject to available funding, the Illinois Department
| ||||||
| 16 | of Corrections shall conduct a study of the impact of sealing,
| ||||||
| 17 | especially on employment and recidivism rates, utilizing a
| ||||||
| 18 | random sample of those who apply for the sealing of their
| ||||||
| 19 | criminal records under Public Act 93-211. At the request of the
| ||||||
| 20 | Illinois Department of Corrections, records of the Illinois
| ||||||
| 21 | Department of Employment Security shall be utilized as
| ||||||
| 22 | appropriate to assist in the study. The study shall not
| ||||||
| 23 | disclose any data in a manner that would allow the
| ||||||
| 24 | identification of any particular individual or employing unit.
| ||||||
| 25 | The study shall be made available to the General Assembly no
| ||||||
| 26 | later than September 1, 2010.
| ||||||
| |||||||
| |||||||
| 1 | (Source: P.A. 98-133, eff. 1-1-14; 98-142, eff. 1-1-14; 98-163, | ||||||
| 2 | eff. 8-5-13; 98-164, eff. 1-1-14; 98-399, eff. 8-16-13; 98-635, | ||||||
| 3 | eff. 1-1-15; 98-637, eff. 1-1-15; 98-756, eff. 7-16-14; | ||||||
| 4 | 98-1009, eff. 1-1-15; 99-78, eff. 7-20-15; 99-378, eff. 1-1-16; | ||||||
| 5 | 99-385, eff. 1-1-16; revised 10-15-15.)
| ||||||
| 6 | Section 110. The Department of Transportation Law of the
| ||||||
| 7 | Civil Administrative Code of Illinois is amended by changing | ||||||
| 8 | Sections 2705-565 and 2705-605 as follows:
| ||||||
| 9 | (20 ILCS 2705/2705-565) | ||||||
| 10 | Sec. 2705-565. North Chicago property; study; conveyance.
| ||||||
| 11 | (a) The Department shall perform a study of property owned | ||||||
| 12 | by the Department consisting of approximately 160 acres located | ||||||
| 13 | in North Chicago, south of IL Route 137, between IL Route 43 | ||||||
| 14 | and US Route 41. The study shall include, but not be limited | ||||||
| 15 | to, a survey of the property for the purpose of delineating | ||||||
| 16 | jurisdictional wetlands in accordance with the Interagency | ||||||
| 17 | Wetland Policy Act of 1989 and identifying threatened and | ||||||
| 18 | endangered species in accordance with the Illinois Endangered | ||||||
| 19 | Species Protection Act, for the purpose of identifying property | ||||||
| 20 | no longer needed for highway purposes. | ||||||
| 21 | (b) Upon completion of the study and for a period ending 3 | ||||||
| 22 | years after the effective date of this amendatory Act of the | ||||||
| 23 | 94th General Assembly, the City of North Chicago shall have an | ||||||
| 24 | exclusive option to purchase for public purposes those portions | ||||||
| |||||||
| |||||||
| 1 | of the property no longer needed for highway purposes for a | ||||||
| 2 | consideration, which may be de minimis minimus, negotiated by | ||||||
| 3 | the parties. The Department of Transportation is authorized to | ||||||
| 4 | convey the excess property to the City of North Chicago | ||||||
| 5 | pursuant to this Section within 3 years after the effective | ||||||
| 6 | date of this amendatory Act of the 94th General Assembly, but | ||||||
| 7 | may not otherwise convey or transfer the property during that | ||||||
| 8 | period. | ||||||
| 9 | (c) Any conveyance to the City of North Chicago under this | ||||||
| 10 | Section shall provide (i) that title to the property reverts to | ||||||
| 11 | the State of Illinois if the property ceases to be used for | ||||||
| 12 | public purposes and (ii) the City of North Chicago may lease | ||||||
| 13 | the property but may not convey its ownership of the property | ||||||
| 14 | to any party, other than the State of Illinois.
| ||||||
| 15 | (Source: P.A. 94-1045, eff. 7-24-06; revised 10-19-15.)
| ||||||
| 16 | (20 ILCS 2705/2705-605) | ||||||
| 17 | Sec. 2705-605. Construction projects; notification of the | ||||||
| 18 | public. | ||||||
| 19 | (a) The Department shall develop and publish a policy for | ||||||
| 20 | the notification of members of the public prior to the | ||||||
| 21 | commencement of construction projects which impact their | ||||||
| 22 | communities. The policy shall include procedures for ensuring | ||||||
| 23 | that the public is informed of construction projects, excluding | ||||||
| 24 | emergency projects, which are estimated to require the closure | ||||||
| 25 | of a street or lane of traffic for a period longer than 5 | ||||||
| |||||||
| |||||||
| 1 | consecutive business days. The policy shall include procedures | ||||||
| 2 | for the notification of local public officials and affected | ||||||
| 3 | businesses of affected communities and shall provide the local | ||||||
| 4 | public officials the opportunity to request a meeting with the | ||||||
| 5 | Department prior to the initiation of the closure. | ||||||
| 6 | (b) The policy shall be completed and published on the | ||||||
| 7 | Department's Internet website by January 1, 2013.
| ||||||
| 8 | (c) The Department shall work with affected stakeholders, | ||||||
| 9 | including residents, businesses, and other community members, | ||||||
| 10 | before and during construction by considering various methods | ||||||
| 11 | to mitigate and reduce project impacts to better serve those | ||||||
| 12 | directly impacted by the improvement. Those methods could | ||||||
| 13 | include, but need not be limited to, detour routing and | ||||||
| 14 | temporary signage. | ||||||
| 15 | (Source: P.A. 97-992, eff. 1-1-13; 98-412, eff. 1-1-14; revised | ||||||
| 16 | 10-19-15.)
| ||||||
| 17 | Section 115. The Department of Veterans Affairs Act is | ||||||
| 18 | amended by changing Section 2.01 as follows:
| ||||||
| 19 | (20 ILCS 2805/2.01) (from Ch. 126 1/2, par. 67.01)
| ||||||
| 20 | Sec. 2.01. Veterans Home admissions.
| ||||||
| 21 | (a) Any honorably discharged veteran
is entitled to | ||||||
| 22 | admission to an Illinois
Veterans Home if the applicant meets | ||||||
| 23 | the requirements of this Section.
| ||||||
| 24 | (b)
The veteran must: | ||||||
| |||||||
| |||||||
| 1 | (1) have served in the armed forces of the United | ||||||
| 2 | States at least
1 day in World War II, the Korean
Conflict, | ||||||
| 3 | the Viet Nam Campaign, or the Persian Gulf Conflict
between | ||||||
| 4 | the dates recognized by the U.S. Department of Veterans | ||||||
| 5 | Affairs or
between any other present or future dates | ||||||
| 6 | recognized by the U.S. Department of
Veterans Affairs as a | ||||||
| 7 | war period, or have served in a hostile fire
environment | ||||||
| 8 | and has been awarded a campaign or expeditionary medal
| ||||||
| 9 | signifying his or her service,
for purposes of eligibility | ||||||
| 10 | for domiciliary or
nursing home care; | ||||||
| 11 | (2) have served and been honorably discharged or | ||||||
| 12 | retired from the armed forces of the United States for a | ||||||
| 13 | service connected disability or injury, for purposes of | ||||||
| 14 | eligibility for domiciliary or
nursing home care; | ||||||
| 15 | (3) have served as an enlisted person at least 90 days | ||||||
| 16 | on active duty in the armed forces of the United States, | ||||||
| 17 | excluding service on active duty for training purposes | ||||||
| 18 | only, and entered active duty before September 8, 1980, for | ||||||
| 19 | purposes of eligibility for domiciliary or
nursing home | ||||||
| 20 | care; | ||||||
| 21 | (4) have served as an officer at least 90 days on | ||||||
| 22 | active duty in the armed forces of the United States, | ||||||
| 23 | excluding service on active duty for training purposes | ||||||
| 24 | only, and entered active duty before October 17, 1981, for | ||||||
| 25 | purposes of eligibility for domiciliary or
nursing home | ||||||
| 26 | care; | ||||||
| |||||||
| |||||||
| 1 | (5) have served on active duty in the armed forces of | ||||||
| 2 | the United States for 24 months of continuous service or | ||||||
| 3 | more, excluding active duty for training purposes only, and | ||||||
| 4 | enlisted after September 7, 1980, for purposes of | ||||||
| 5 | eligibility for domiciliary or
nursing home care; | ||||||
| 6 | (6) have served as a reservist in the armed forces of | ||||||
| 7 | the United States or the National Guard and the service | ||||||
| 8 | included being called to federal active duty, excluding | ||||||
| 9 | service on active duty for training purposes only, and who | ||||||
| 10 | completed the term,
for purposes of eligibility for | ||||||
| 11 | domiciliary or nursing home care;
| ||||||
| 12 | (7) have been discharged for reasons of hardship or | ||||||
| 13 | released from active duty due to a reduction in the United | ||||||
| 14 | States armed forces prior to the completion of the required | ||||||
| 15 | period of service, regardless of the actual time served, | ||||||
| 16 | for purposes of eligibility for domiciliary or nursing home | ||||||
| 17 | care; or
| ||||||
| 18 | (8) have served in the National Guard or Reserve Forces | ||||||
| 19 | of the
United States and completed 20 years of satisfactory | ||||||
| 20 | service, be
otherwise eligible to receive reserve or active | ||||||
| 21 | duty retirement
benefits, and have been an Illinois | ||||||
| 22 | resident for at least one year
before applying for | ||||||
| 23 | admission for purposes of eligibility
for domiciliary care | ||||||
| 24 | only.
| ||||||
| 25 | (c) The veteran must have service accredited to the State | ||||||
| 26 | of Illinois or
have been a resident of this State for one year | ||||||
| |||||||
| |||||||
| 1 | immediately
preceding the date of application.
| ||||||
| 2 | (d) For admission to the Illinois Veterans Homes at Anna | ||||||
| 3 | and
Quincy, the veteran must have developed a disability by | ||||||
| 4 | disease, wounds, or otherwise and because
of the disability be | ||||||
| 5 | incapable of earning a living.
| ||||||
| 6 | (e) For admission to the Illinois Veterans Homes at LaSalle | ||||||
| 7 | and Manteno,
the veteran must have developed a disability by | ||||||
| 8 | disease, wounds, or otherwise and, for purposes of eligibility
| ||||||
| 9 | for nursing home care, require nursing care because of the | ||||||
| 10 | disability. | ||||||
| 11 | (f) An individual who served during a time of conflict as | ||||||
| 12 | set forth in paragraph (1) of subsection (b) subsection (a)(1) | ||||||
| 13 | of this Section has preference over all other qualifying | ||||||
| 14 | candidates, for purposes of eligibility for domiciliary or
| ||||||
| 15 | nursing home care at any Illinois Veterans Home.
| ||||||
| 16 | (g) A veteran or spouse, once admitted to an Illinois | ||||||
| 17 | Veterans Home facility, is considered a resident for | ||||||
| 18 | interfacility purposes. | ||||||
| 19 | (Source: P.A. 99-143, eff. 7-27-15; 99-314, eff. 8-7-15; | ||||||
| 20 | revised 10-19-15.)
| ||||||
| 21 | Section 120. The Historic Preservation Agency Act is | ||||||
| 22 | amended by changing Section 16 as follows:
| ||||||
| 23 | (20 ILCS 3405/16) (from Ch. 127, par. 2716)
| ||||||
| 24 | Sec. 16. The Historic Sites and Preservation Division of | ||||||
| |||||||
| |||||||
| 1 | the Agency
shall have the following
additional powers:
| ||||||
| 2 | (a) To hire agents and employees necessary to carry out the | ||||||
| 3 | duties and
purposes of the Historic Sites and Preservation | ||||||
| 4 | Division of the Agency.
| ||||||
| 5 | (b) To take all measures necessary to erect, maintain, | ||||||
| 6 | preserve, restore,
and conserve all State Historic Sites and | ||||||
| 7 | State Memorials, except when
supervision and maintenance is | ||||||
| 8 | otherwise provided by law. This
authorization includes the | ||||||
| 9 | power, with the consent of the Board, to enter
into contracts, | ||||||
| 10 | acquire and
dispose of real and personal property, and enter | ||||||
| 11 | into leases of real and
personal property. The Agency has the | ||||||
| 12 | power to acquire, for purposes authorized by law, any real | ||||||
| 13 | property in fee simple subject to a life estate in the seller | ||||||
| 14 | in not more than 3 acres of the real property acquired, subject | ||||||
| 15 | to the restrictions that the life estate shall be used for | ||||||
| 16 | residential purposes only and that it shall be | ||||||
| 17 | non-transferable.
| ||||||
| 18 | (c) To provide recreational facilities, including | ||||||
| 19 | campsites camp sites, lodges and
cabins, trails, picnic areas, | ||||||
| 20 | and related recreational facilities, at all
sites under the | ||||||
| 21 | jurisdiction of the Agency.
| ||||||
| 22 | (d) To lay out, construct, and maintain all needful roads, | ||||||
| 23 | parking areas,
paths or trails, bridges, camp or lodge sites, | ||||||
| 24 | picnic areas, lodges and
cabins, and any other structures and | ||||||
| 25 | improvements necessary and appropriate
in any State historic | ||||||
| 26 | site or easement thereto; and to provide water
supplies, heat | ||||||
| |||||||
| |||||||
| 1 | and light, and sanitary facilities for the public and living
| ||||||
| 2 | quarters for the custodians and keepers of State historic | ||||||
| 3 | sites.
| ||||||
| 4 | (e) To grant licenses and rights-of-way within the areas | ||||||
| 5 | controlled
by the Historic Sites and Preservation Division of | ||||||
| 6 | the Agency for the
construction, operation,
and maintenance | ||||||
| 7 | upon,
under or across the property, of facilities for water, | ||||||
| 8 | sewage, telephone,
telegraph, electric, gas, or other public | ||||||
| 9 | service, subject to the terms and
conditions as may be | ||||||
| 10 | determined by the Agency.
| ||||||
| 11 | (f) To authorize the officers, employees, and agents of the | ||||||
| 12 | Historic Sites
and Preservation
Division of the Agency,
for the | ||||||
| 13 | purposes of investigation and to exercise the rights,
powers, | ||||||
| 14 | and duties vested and that may be vested in it, to enter and | ||||||
| 15 | cross
all lands and waters in this State, doing no damage to | ||||||
| 16 | private property.
| ||||||
| 17 | (g) To transfer jurisdiction of or exchange any realty | ||||||
| 18 | under the
control of the Historic Sites and Preservation | ||||||
| 19 | Division of the Agency to
any other Department of
the State | ||||||
| 20 | Government,
or to any agency of the Federal Government, or to | ||||||
| 21 | acquire or accept Federal
lands, when any transfer, exchange, | ||||||
| 22 | acquisition, or acceptance is
advantageous to the State and is | ||||||
| 23 | approved in writing by the Governor.
| ||||||
| 24 | (h) To erect, supervise, and maintain all public monuments | ||||||
| 25 | and memorials
erected by the State, except when the supervision | ||||||
| 26 | and maintenance of
public monuments and memorials is otherwise | ||||||
| |||||||
| |||||||
| 1 | provided by law.
| ||||||
| 2 | (i) To accept, hold, maintain, and administer, as trustee, | ||||||
| 3 | property given
in trust for educational or historic purposes | ||||||
| 4 | for the benefit of the People
of the State of Illinois and to | ||||||
| 5 | dispose, with the consent of the Board, of
any property under | ||||||
| 6 | the terms of the
instrument creating the trust.
| ||||||
| 7 | (j) To lease concessions on any property under the | ||||||
| 8 | jurisdiction of the
Agency for a period not exceeding 25 years | ||||||
| 9 | and to lease a concession
complex at Lincoln's New Salem State | ||||||
| 10 | Historic Site for which a cash
incentive has been authorized | ||||||
| 11 | under Section 5.1 of the Historic
Preservation Agency Act for a | ||||||
| 12 | period not to exceed 40 years. All
leases, for whatever period, | ||||||
| 13 | shall be made subject to the written approval
of the Governor. | ||||||
| 14 | All concession leases extending for a period in excess of
10 | ||||||
| 15 | years, will contain provisions for the Agency to participate, | ||||||
| 16 | on a
percentage basis, in the revenues generated by any | ||||||
| 17 | concession operation.
| ||||||
| 18 | The Agency is authorized to allow for provisions for a | ||||||
| 19 | reserve account and a leasehold account within Agency | ||||||
| 20 | concession lease agreements for the purpose of setting aside | ||||||
| 21 | revenues for the maintenance, rehabilitation, repair, | ||||||
| 22 | improvement, and replacement of the concession facility, | ||||||
| 23 | structure, and equipment of the Agency that are part of the | ||||||
| 24 | leased premises. | ||||||
| 25 | The lessee shall be required to pay into the reserve | ||||||
| 26 | account a percentage of gross receipts, as set forth in the | ||||||
| |||||||
| |||||||
| 1 | lease, to be set aside and expended in a manner acceptable to | ||||||
| 2 | the Agency by the concession lessee for the purpose of ensuring | ||||||
| 3 | that an appropriate amount of the lessee's moneys are provided | ||||||
| 4 | by the lessee to satisfy the lessee's incurred responsibilities | ||||||
| 5 | for the operation of the concession facility under the terms | ||||||
| 6 | and conditions of the concession lease. | ||||||
| 7 | The lessee account shall allow for the amortization of | ||||||
| 8 | certain authorized expenses that are incurred by the concession | ||||||
| 9 | lessee but that are not an obligation of the lessee under the | ||||||
| 10 | terms and conditions of the lease agreement. The Agency may | ||||||
| 11 | allow a reduction of up to 50% of the monthly rent due for the | ||||||
| 12 | purpose of enabling the recoupment of the lessee's authorized | ||||||
| 13 | expenditures during the term of the lease.
| ||||||
| 14 | (k) To sell surplus agricultural products grown on land | ||||||
| 15 | owned by or
under the jurisdiction of the Historic Sites and | ||||||
| 16 | Preservation Division of
the Agency, when the
products cannot | ||||||
| 17 | be used
by the Agency.
| ||||||
| 18 | (l) To enforce the laws of the State and the rules and | ||||||
| 19 | regulations of the
Agency in or on any lands owned, leased, or | ||||||
| 20 | managed by the Historic Sites and
Preservation
Division of the | ||||||
| 21 | Agency.
| ||||||
| 22 | (m) To cooperate with private organizations and agencies of | ||||||
| 23 | the
State of Illinois by providing areas and the use of staff | ||||||
| 24 | personnel
where feasible for the sale of publications on the | ||||||
| 25 | historic and cultural
heritage of the State and craft items | ||||||
| 26 | made by Illinois craftsmen. These
sales shall not conflict with | ||||||
| |||||||
| |||||||
| 1 | existing concession agreements. The
Historic Sites and | ||||||
| 2 | Preservation Division of the Agency is authorized to
negotiate | ||||||
| 3 | with the
organizations and
agencies for a portion of the monies | ||||||
| 4 | received from sales to be returned
to the Historic Sites and | ||||||
| 5 | Preservation Division of the Agency's Historic
Sites Fund
for | ||||||
| 6 | the
furtherance of interpretive
and restoration programs.
| ||||||
| 7 | (n) To establish local bank or savings and loan association
| ||||||
| 8 | accounts, upon the written authorization of the Director, to | ||||||
| 9 | temporarily
hold income received at any of its properties. The | ||||||
| 10 | local accounts
established under this Section shall be in the | ||||||
| 11 | name of the Historic
Preservation Agency and shall be subject | ||||||
| 12 | to regular audits. The balance in
a local bank or savings and | ||||||
| 13 | loan association account shall be forwarded to
the Agency for | ||||||
| 14 | deposit with the State Treasurer on Monday of each week if
the | ||||||
| 15 | amount to be deposited in a fund exceeds $500.
| ||||||
| 16 | No bank or savings and loan association shall receive | ||||||
| 17 | public funds as
permitted by this Section, unless it has | ||||||
| 18 | complied with the requirements
established under Section 6 of | ||||||
| 19 | the Public Funds Investment Act.
| ||||||
| 20 | (o) To accept, with the consent of the Board, offers of | ||||||
| 21 | gifts,
gratuities, or grants from the federal
government, its | ||||||
| 22 | agencies, or offices, or from any person, firm, or
corporation.
| ||||||
| 23 | (p) To make reasonable rules and regulations as may be | ||||||
| 24 | necessary to
discharge the duties of the Agency.
| ||||||
| 25 | (q) With appropriate cultural organizations, to further | ||||||
| 26 | and advance the
goals of the Agency.
| ||||||
| |||||||
| |||||||
| 1 | (r) To make grants for the purposes of planning, survey, | ||||||
| 2 | rehabilitation,
restoration, reconstruction, landscaping, and | ||||||
| 3 | acquisition of Illinois
properties (i) designated individually | ||||||
| 4 | in the National
Register of Historic Places, (ii) designated as | ||||||
| 5 | a landmark under a county or
municipal landmark ordinance, or | ||||||
| 6 | (iii) located within a National Register of
Historic Places | ||||||
| 7 | historic district or a locally designated historic district
| ||||||
| 8 | when the Director determines that the property is of historic | ||||||
| 9 | significance
whenever an
appropriation is made therefor by the | ||||||
| 10 | General Assembly or whenever gifts or
grants are received for | ||||||
| 11 | that purpose and to promulgate
regulations as may be necessary | ||||||
| 12 | or desirable to carry out the purposes
of the grants.
| ||||||
| 13 | Grantees may, as prescribed by rule, be required to provide | ||||||
| 14 | matching funds
for each grant. Grants made under this | ||||||
| 15 | subsection shall be known as Illinois
Heritage Grants.
| ||||||
| 16 | Every owner of a historic property, or the owner's agent, | ||||||
| 17 | is eligible to
apply for a grant under this subsection.
| ||||||
| 18 | (s) To establish and implement a pilot program for charging | ||||||
| 19 | admission to
State historic sites. Fees may be charged for | ||||||
| 20 | special events, admissions, and
parking or any combination; | ||||||
| 21 | fees may be charged at all sites or selected sites.
All fees | ||||||
| 22 | shall be deposited into the Illinois Historic Sites Fund. The
| ||||||
| 23 | Historic Sites and Preservation Division of the Agency
shall | ||||||
| 24 | have the discretion to set and adjust reasonable fees at the | ||||||
| 25 | various
sites, taking into consideration various factors, | ||||||
| 26 | including, but not limited to:
cost of services furnished to | ||||||
| |||||||
| |||||||
| 1 | each visitor, impact of fees on attendance and
tourism, and the | ||||||
| 2 | costs expended collecting the fees. The
Agency shall keep
| ||||||
| 3 | careful records of the income and expenses resulting from the | ||||||
| 4 | imposition of
fees, shall keep records as to the attendance at | ||||||
| 5 | each historic site, and shall
report to the Governor and | ||||||
| 6 | General Assembly by January 31 after the close of
each year. | ||||||
| 7 | The report shall include information on costs, expenses,
| ||||||
| 8 | attendance, comments by visitors, and any other information the
| ||||||
| 9 | Agency may
believe pertinent, including:
| ||||||
| 10 | (1) Recommendations as to whether fees should be | ||||||
| 11 | continued at each State
historic site.
| ||||||
| 12 | (2) How the fees should be structured and imposed.
| ||||||
| 13 | (3) Estimates of revenues and expenses associated with | ||||||
| 14 | each site.
| ||||||
| 15 | (t) To provide for overnight tent and trailer campsites and | ||||||
| 16 | to provide
suitable housing facilities for student and juvenile | ||||||
| 17 | overnight camping
groups. The Historic Sites and Preservation | ||||||
| 18 | Division of the Agency shall
charge rates similar to those
| ||||||
| 19 | charged by the Department
of Conservation for the same or | ||||||
| 20 | similar facilities and services.
| ||||||
| 21 | (u) To engage in marketing activities designed to promote | ||||||
| 22 | the sites and
programs administered by the Agency. In
| ||||||
| 23 | undertaking these activities, the
Agency may take all necessary | ||||||
| 24 | steps with respect
to products and services,
including, but not | ||||||
| 25 | limited to, retail sales, wholesale sales, direct marketing,
| ||||||
| 26 | mail order sales, telephone sales, advertising and promotion, | ||||||
| |||||||
| |||||||
| 1 | purchase of
product and materials inventory, design, printing | ||||||
| 2 | and manufacturing of new
products, reproductions, and | ||||||
| 3 | adaptations, copyright and trademark licensing and
royalty | ||||||
| 4 | agreements, and payment of applicable taxes. In addition, the | ||||||
| 5 | Agency
shall have the authority to sell advertising in its | ||||||
| 6 | publications and printed
materials. All income from marketing
| ||||||
| 7 | activities shall be deposited into the Illinois Historic Sites | ||||||
| 8 | Fund.
| ||||||
| 9 | (Source: P.A. 95-140, eff. 1-1-08; revised 10-14-15.)
| ||||||
| 10 | Section 125. The Illinois Health Information Exchange and | ||||||
| 11 | Technology Act is amended by changing Section 20 as follows:
| ||||||
| 12 | (20 ILCS 3860/20) | ||||||
| 13 | (Section scheduled to be repealed on January 1, 2021)
| ||||||
| 14 | Sec. 20. Powers and duties of the Illinois Health | ||||||
| 15 | Information Exchange Authority. The Authority has the | ||||||
| 16 | following powers, together with all powers incidental or | ||||||
| 17 | necessary to accomplish the purposes of this Act: | ||||||
| 18 | (1) The Authority shall create and administer the ILHIE | ||||||
| 19 | using information systems and processes that are secure, | ||||||
| 20 | are cost effective, and meet all other relevant privacy and | ||||||
| 21 | security requirements under State and federal law.
| ||||||
| 22 | (2) The Authority shall establish and adopt standards | ||||||
| 23 | and requirements for the use of health information and the | ||||||
| 24 | requirements for participation in the ILHIE by persons or | ||||||
| |||||||
| |||||||
| 1 | entities including, but not limited to, health care | ||||||
| 2 | providers, payors, and local health information exchanges.
| ||||||
| 3 | (3) The Authority shall establish minimum standards | ||||||
| 4 | for accessing the ILHIE to ensure that the appropriate | ||||||
| 5 | security and privacy protections apply to health | ||||||
| 6 | information, consistent with applicable federal and State | ||||||
| 7 | standards and laws. The Authority shall have the power to | ||||||
| 8 | suspend, limit, or terminate the right to participate in | ||||||
| 9 | the ILHIE for non-compliance or failure to act, with | ||||||
| 10 | respect to applicable standards and laws, in the best | ||||||
| 11 | interests of patients, users of the ILHIE, or the public. | ||||||
| 12 | The Authority may seek all remedies allowed by law to | ||||||
| 13 | address any violation of the terms of participation in the | ||||||
| 14 | ILHIE.
| ||||||
| 15 | (4) The Authority shall identify barriers to the | ||||||
| 16 | adoption of electronic health records systems, including | ||||||
| 17 | researching the rates and patterns of dissemination and use | ||||||
| 18 | of electronic health record systems throughout the State. | ||||||
| 19 | The Authority shall make the results of the research | ||||||
| 20 | available on its website.
| ||||||
| 21 | (5) The Authority shall prepare educational materials | ||||||
| 22 | and educate the general public on the benefits of | ||||||
| 23 | electronic health records, the ILHIE, and the safeguards | ||||||
| 24 | available to prevent unauthorized disclosure of health | ||||||
| 25 | information.
| ||||||
| 26 | (6) The Authority may appoint or designate an | ||||||
| |||||||
| |||||||
| 1 | institutional review board in accordance with federal and | ||||||
| 2 | State law to review and approve requests for research in | ||||||
| 3 | order to ensure compliance with standards and patient | ||||||
| 4 | privacy and security protections as specified in paragraph | ||||||
| 5 | (3) of this Section.
| ||||||
| 6 | (7) The Authority may enter into all contracts and | ||||||
| 7 | agreements necessary or incidental to the performance of | ||||||
| 8 | its powers under this Act. The Authority's expenditures of | ||||||
| 9 | private funds are exempt from the Illinois Procurement | ||||||
| 10 | Code, pursuant to Section 1-10 of that Act. Notwithstanding | ||||||
| 11 | this exception, the Authority shall comply with the | ||||||
| 12 | Business Enterprise for Minorities, Females, and Persons | ||||||
| 13 | with Disabilities Act.
| ||||||
| 14 | (8) The Authority may solicit and accept grants, loans, | ||||||
| 15 | contributions, or appropriations from any public or | ||||||
| 16 | private source and may expend those moneys, through | ||||||
| 17 | contracts, grants, loans, or agreements, on activities it | ||||||
| 18 | considers suitable to the performance of its duties under | ||||||
| 19 | this Act.
| ||||||
| 20 | (9) The Authority may determine, charge, and collect | ||||||
| 21 | any fees, charges, costs, and expenses from any healthcare | ||||||
| 22 | provider or entity in connection with its duties under this | ||||||
| 23 | Act. Moneys collected under this paragraph (9) shall be | ||||||
| 24 | deposited into the Health Information Exchange Fund.
| ||||||
| 25 | (10) The Authority may, under the direction of the | ||||||
| 26 | Executive Director, employ and discharge staff, including | ||||||
| |||||||
| |||||||
| 1 | administrative, technical, expert, professional, and legal | ||||||
| 2 | staff, as is necessary or convenient to carry out the | ||||||
| 3 | purposes of this Act. The Authority may establish and | ||||||
| 4 | administer standards of classification regarding | ||||||
| 5 | compensation, benefits, duties, performance, and tenure | ||||||
| 6 | for that staff and may enter into contracts of employment | ||||||
| 7 | with members of that staff for such periods and on such | ||||||
| 8 | terms as the Authority deems desirable. All employees of | ||||||
| 9 | the Authority are exempt from the Personnel Code as | ||||||
| 10 | provided by Section 4 of the Personnel Code. | ||||||
| 11 | (11) The Authority shall consult and coordinate with | ||||||
| 12 | the Department of Public Health to further the Authority's | ||||||
| 13 | collection of health information from health care | ||||||
| 14 | providers for public health purposes. The collection of | ||||||
| 15 | public health information shall include identifiable | ||||||
| 16 | information for use by the Authority or other State | ||||||
| 17 | agencies to comply with State and federal laws. Any | ||||||
| 18 | identifiable information so collected shall be privileged | ||||||
| 19 | and confidential in accordance with Sections 8-2101, | ||||||
| 20 | 8-2102, 8-2103, 8-2104, and 8-2105 of the Code of Civil | ||||||
| 21 | Procedure.
| ||||||
| 22 | (12) All identified or deidentified health information | ||||||
| 23 | in the form of health data or medical records contained in, | ||||||
| 24 | stored in, submitted to, transferred by, or released from | ||||||
| 25 | the Illinois Health Information Exchange, and identified | ||||||
| 26 | or deidentified health information in the form of health | ||||||
| |||||||
| |||||||
| 1 | data and medical records of the Illinois Health Information | ||||||
| 2 | Exchange in the possession of the Illinois Health | ||||||
| 3 | Information Exchange Authority due to its administration | ||||||
| 4 | of the Illinois Health Information Exchange, shall be | ||||||
| 5 | exempt from inspection and copying under the Freedom of | ||||||
| 6 | Information Act. The terms "identified" and "deidentified" | ||||||
| 7 | shall be given the same meaning as in the Health Insurance | ||||||
| 8 | Portability and Accountability and Portability Act of | ||||||
| 9 | 1996, Public Law 104-191, or any subsequent amendments | ||||||
| 10 | thereto, and any regulations promulgated thereunder.
| ||||||
| 11 | (13) To address gaps in the adoption of, workforce | ||||||
| 12 | preparation for, and exchange of electronic health records | ||||||
| 13 | that result in regional and socioeconomic disparities in | ||||||
| 14 | the delivery of care, the Authority may evaluate such gaps | ||||||
| 15 | and provide resources as available, giving priority to | ||||||
| 16 | healthcare providers serving a significant percentage of | ||||||
| 17 | Medicaid or uninsured patients and in medically | ||||||
| 18 | underserved or rural areas.
| ||||||
| 19 | (Source: P.A. 96-1331, eff. 7-27-10; revised 10-13-15.)
| ||||||
| 20 | Section 130. The Illinois Health Facilities Planning Act is | ||||||
| 21 | amended by changing Sections 12 and 14.1 as follows:
| ||||||
| 22 | (20 ILCS 3960/12) (from Ch. 111 1/2, par. 1162)
| ||||||
| 23 | (Section scheduled to be repealed on December 31, 2019) | ||||||
| 24 | Sec. 12. Powers and duties of State Board. For purposes of | ||||||
| |||||||
| |||||||
| 1 | this Act,
the State Board
shall
exercise the following powers | ||||||
| 2 | and duties:
| ||||||
| 3 | (1) Prescribe rules,
regulations, standards, criteria, | ||||||
| 4 | procedures or reviews which may vary
according to the purpose | ||||||
| 5 | for which a particular review is being conducted
or the type of | ||||||
| 6 | project reviewed and which are required to carry out the
| ||||||
| 7 | provisions and purposes of this Act. Policies and procedures of | ||||||
| 8 | the State Board shall take into consideration the priorities | ||||||
| 9 | and needs of medically underserved areas and other health care | ||||||
| 10 | services identified through the comprehensive health planning | ||||||
| 11 | process, giving special consideration to the impact of projects | ||||||
| 12 | on access to safety net services.
| ||||||
| 13 | (2) Adopt procedures for public
notice and hearing on all | ||||||
| 14 | proposed rules, regulations, standards,
criteria, and plans | ||||||
| 15 | required to carry out the provisions of this Act.
| ||||||
| 16 | (3) (Blank).
| ||||||
| 17 | (4) Develop criteria and standards for health care | ||||||
| 18 | facilities planning,
conduct statewide inventories of health | ||||||
| 19 | care facilities, maintain an updated
inventory on the Board's | ||||||
| 20 | web site reflecting the
most recent bed and service
changes and | ||||||
| 21 | updated need determinations when new census data become | ||||||
| 22 | available
or new need formulae
are adopted,
and
develop health | ||||||
| 23 | care facility plans which shall be utilized in the review of
| ||||||
| 24 | applications for permit under
this Act. Such health facility | ||||||
| 25 | plans shall be coordinated by the Board
with pertinent State | ||||||
| 26 | Plans. Inventories pursuant to this Section of skilled or | ||||||
| |||||||
| |||||||
| 1 | intermediate care facilities licensed under the Nursing Home | ||||||
| 2 | Care Act, skilled or intermediate care facilities licensed | ||||||
| 3 | under the ID/DD Community Care Act, skilled or intermediate | ||||||
| 4 | care facilities licensed under the MC/DD Act, facilities | ||||||
| 5 | licensed under the Specialized Mental Health Rehabilitation | ||||||
| 6 | Act of 2013, or nursing homes licensed under the Hospital | ||||||
| 7 | Licensing Act shall be conducted on an annual basis no later | ||||||
| 8 | than July 1 of each year and shall include among the | ||||||
| 9 | information requested a list of all services provided by a | ||||||
| 10 | facility to its residents and to the community at large and | ||||||
| 11 | differentiate between active and inactive beds.
| ||||||
| 12 | In developing health care facility plans, the State Board | ||||||
| 13 | shall consider,
but shall not be limited to, the following:
| ||||||
| 14 | (a) The size, composition and growth of the population | ||||||
| 15 | of the area
to be served;
| ||||||
| 16 | (b) The number of existing and planned facilities | ||||||
| 17 | offering similar
programs;
| ||||||
| 18 | (c) The extent of utilization of existing facilities;
| ||||||
| 19 | (d) The availability of facilities which may serve as | ||||||
| 20 | alternatives
or substitutes;
| ||||||
| 21 | (e) The availability of personnel necessary to the | ||||||
| 22 | operation of the
facility;
| ||||||
| 23 | (f) Multi-institutional planning and the establishment | ||||||
| 24 | of
multi-institutional systems where feasible;
| ||||||
| 25 | (g) The financial and economic feasibility of proposed | ||||||
| 26 | construction
or modification; and
| ||||||
| |||||||
| |||||||
| 1 | (h) In the case of health care facilities established | ||||||
| 2 | by a religious
body or denomination, the needs of the | ||||||
| 3 | members of such religious body or
denomination may be | ||||||
| 4 | considered to be public need.
| ||||||
| 5 | The health care facility plans which are developed and | ||||||
| 6 | adopted in
accordance with this Section shall form the basis | ||||||
| 7 | for the plan of the State
to deal most effectively with | ||||||
| 8 | statewide health needs in regard to health
care facilities.
| ||||||
| 9 | (5) Coordinate with the Center for Comprehensive Health | ||||||
| 10 | Planning and other state agencies having responsibilities
| ||||||
| 11 | affecting health care facilities, including those of licensure | ||||||
| 12 | and cost
reporting. Beginning no later than January 1, 2013, | ||||||
| 13 | the Department of Public Health shall produce a written annual | ||||||
| 14 | report to the Governor and the General Assembly regarding the | ||||||
| 15 | development of the Center for Comprehensive Health Planning. | ||||||
| 16 | The Chairman of the State Board and the State Board | ||||||
| 17 | Administrator shall also receive a copy of the annual report.
| ||||||
| 18 | (6) Solicit, accept, hold and administer on behalf of the | ||||||
| 19 | State
any grants or bequests of money, securities or property | ||||||
| 20 | for
use by the State Board or Center for Comprehensive Health | ||||||
| 21 | Planning in the administration of this Act; and enter into | ||||||
| 22 | contracts
consistent with the appropriations for purposes | ||||||
| 23 | enumerated in this Act.
| ||||||
| 24 | (7) The State Board shall prescribe procedures for review, | ||||||
| 25 | standards,
and criteria which shall be utilized
to make | ||||||
| 26 | periodic reviews and determinations of the appropriateness
of | ||||||
| |||||||
| |||||||
| 1 | any existing health services being rendered by health care | ||||||
| 2 | facilities
subject to the Act. The State Board shall consider | ||||||
| 3 | recommendations of the
Board in making its
determinations.
| ||||||
| 4 | (8) Prescribe, in consultation
with the Center for | ||||||
| 5 | Comprehensive Health Planning, rules, regulations,
standards, | ||||||
| 6 | and criteria for the conduct of an expeditious review of
| ||||||
| 7 | applications
for permits for projects of construction or | ||||||
| 8 | modification of a health care
facility, which projects are | ||||||
| 9 | classified as emergency, substantive, or non-substantive in | ||||||
| 10 | nature. | ||||||
| 11 | Six months after June 30, 2009 (the effective date of | ||||||
| 12 | Public Act 96-31), substantive projects shall include no more | ||||||
| 13 | than the following: | ||||||
| 14 | (a) Projects to construct (1) a new or replacement | ||||||
| 15 | facility located on a new site or
(2) a replacement | ||||||
| 16 | facility located on the same site as the original facility | ||||||
| 17 | and the cost of the replacement facility exceeds the | ||||||
| 18 | capital expenditure minimum, which shall be reviewed by the | ||||||
| 19 | Board within 120 days; | ||||||
| 20 | (b) Projects proposing a
(1) new service within an | ||||||
| 21 | existing healthcare facility or
(2) discontinuation of a | ||||||
| 22 | service within an existing healthcare facility, which | ||||||
| 23 | shall be reviewed by the Board within 60 days; or | ||||||
| 24 | (c) Projects proposing a change in the bed capacity of | ||||||
| 25 | a health care facility by an increase in the total number | ||||||
| 26 | of beds or by a redistribution of beds among various | ||||||
| |||||||
| |||||||
| 1 | categories of service or by a relocation of beds from one | ||||||
| 2 | physical facility or site to another by more than 20 beds | ||||||
| 3 | or more than 10% of total bed capacity, as defined by the | ||||||
| 4 | State Board, whichever is less, over a 2-year period. | ||||||
| 5 | The Chairman may approve applications for exemption that | ||||||
| 6 | meet the criteria set forth in rules or refer them to the full | ||||||
| 7 | Board. The Chairman may approve any unopposed application that | ||||||
| 8 | meets all of the review criteria or refer them to the full | ||||||
| 9 | Board. | ||||||
| 10 | Such rules shall
not abridge the right of the Center for | ||||||
| 11 | Comprehensive Health Planning to make
recommendations on the | ||||||
| 12 | classification and approval of projects, nor shall
such rules | ||||||
| 13 | prevent the conduct of a public hearing upon the timely request
| ||||||
| 14 | of an interested party. Such reviews shall not exceed 60 days | ||||||
| 15 | from the
date the application is declared to be complete.
| ||||||
| 16 | (9) Prescribe rules, regulations,
standards, and criteria | ||||||
| 17 | pertaining to the granting of permits for
construction
and | ||||||
| 18 | modifications which are emergent in nature and must be | ||||||
| 19 | undertaken
immediately to prevent or correct structural | ||||||
| 20 | deficiencies or hazardous
conditions that may harm or injure | ||||||
| 21 | persons using the facility, as defined
in the rules and | ||||||
| 22 | regulations of the State Board. This procedure is exempt
from | ||||||
| 23 | public hearing requirements of this Act.
| ||||||
| 24 | (10) Prescribe rules,
regulations, standards and criteria | ||||||
| 25 | for the conduct of an expeditious
review, not exceeding 60 | ||||||
| 26 | days, of applications for permits for projects to
construct or | ||||||
| |||||||
| |||||||
| 1 | modify health care facilities which are needed for the care
and | ||||||
| 2 | treatment of persons who have acquired immunodeficiency | ||||||
| 3 | syndrome (AIDS)
or related conditions.
| ||||||
| 4 | (10.5) Provide its rationale when voting on an item before | ||||||
| 5 | it at a State Board meeting in order to comply with subsection | ||||||
| 6 | (b) of Section 3-108 of the Code of Civil Procedure. | ||||||
| 7 | (11) Issue written decisions upon request of the applicant | ||||||
| 8 | or an adversely affected party to the Board. Requests for a | ||||||
| 9 | written decision shall be made within 15 days after the Board | ||||||
| 10 | meeting in which a final decision has been made. A "final | ||||||
| 11 | decision" for purposes of this Act is the decision to approve | ||||||
| 12 | or deny an application, or take other actions permitted under | ||||||
| 13 | this Act, at the time and date of the meeting that such action | ||||||
| 14 | is scheduled by the Board. The transcript of the State Board | ||||||
| 15 | meeting shall be incorporated into the Board's final decision. | ||||||
| 16 | The staff of the Board shall prepare a written copy of the | ||||||
| 17 | final decision and the Board shall approve a final copy for | ||||||
| 18 | inclusion in the formal record. The Board shall consider, for | ||||||
| 19 | approval, the written draft of the final decision no later than | ||||||
| 20 | the next scheduled Board meeting. The written decision shall | ||||||
| 21 | identify the applicable criteria and factors listed in this Act | ||||||
| 22 | and the Board's regulations that were taken into consideration | ||||||
| 23 | by the Board when coming to a final decision. If the Board | ||||||
| 24 | denies or fails to approve an application for permit or | ||||||
| 25 | exemption, the Board shall include in the final decision a | ||||||
| 26 | detailed explanation as to why the application was denied and | ||||||
| |||||||
| |||||||
| 1 | identify what specific criteria or standards the applicant did | ||||||
| 2 | not fulfill. | ||||||
| 3 | (12) Require at least one of its members to participate in | ||||||
| 4 | any public hearing, after the appointment of a majority of the | ||||||
| 5 | members to the Board. | ||||||
| 6 | (13) Provide a mechanism for the public to comment on, and | ||||||
| 7 | request changes to, draft rules and standards. | ||||||
| 8 | (14) Implement public information campaigns to regularly | ||||||
| 9 | inform the general public about the opportunity for public | ||||||
| 10 | hearings and public hearing procedures. | ||||||
| 11 | (15) Establish a separate set of rules and guidelines for | ||||||
| 12 | long-term care that recognizes that nursing homes are a | ||||||
| 13 | different business line and service model from other regulated | ||||||
| 14 | facilities. An open and transparent process shall be developed | ||||||
| 15 | that considers the following: how skilled nursing fits in the | ||||||
| 16 | continuum of care with other care providers, modernization of | ||||||
| 17 | nursing homes, establishment of more private rooms, | ||||||
| 18 | development of alternative services, and current trends in | ||||||
| 19 | long-term care services.
The Chairman of the Board shall | ||||||
| 20 | appoint a permanent Health Services Review Board Long-term Care | ||||||
| 21 | Facility Advisory Subcommittee that shall develop and | ||||||
| 22 | recommend to the Board the rules to be established by the Board | ||||||
| 23 | under this paragraph (15). The Subcommittee shall also provide | ||||||
| 24 | continuous review and commentary on policies and procedures | ||||||
| 25 | relative to long-term care and the review of related projects. | ||||||
| 26 | The Subcommittee shall make recommendations to the Board no | ||||||
| |||||||
| |||||||
| 1 | later than January 1, 2016 and every January thereafter | ||||||
| 2 | pursuant to the Subcommittee's responsibility for the | ||||||
| 3 | continuous review and commentary on policies and procedures | ||||||
| 4 | relative to long-term care. In consultation with other experts | ||||||
| 5 | from the health field of long-term care, the Board and the | ||||||
| 6 | Subcommittee shall study new approaches to the current bed need | ||||||
| 7 | formula and Health Service Area boundaries to encourage | ||||||
| 8 | flexibility and innovation in design models reflective of the | ||||||
| 9 | changing long-term care marketplace and consumer preferences | ||||||
| 10 | and submit its recommendations to the Chairman of the Board no | ||||||
| 11 | later than January 1, 2017. The Subcommittee shall evaluate, | ||||||
| 12 | and make recommendations to the State Board regarding, the | ||||||
| 13 | buying, selling, and exchange of beds between long-term care | ||||||
| 14 | facilities within a specified geographic area or drive time. | ||||||
| 15 | The Board shall file the proposed related administrative rules | ||||||
| 16 | for the separate rules and guidelines for long-term care | ||||||
| 17 | required by this paragraph (15) by no later than September 30, | ||||||
| 18 | 2011. The Subcommittee shall be provided a reasonable and | ||||||
| 19 | timely opportunity to review and comment on any review, | ||||||
| 20 | revision, or updating of the criteria, standards, procedures, | ||||||
| 21 | and rules used to evaluate project applications as provided | ||||||
| 22 | under Section 12.3 of this Act. | ||||||
| 23 | The Chairman of the Board shall appoint voting members of | ||||||
| 24 | the Subcommittee, who shall serve for a period of 3 years, with | ||||||
| 25 | one-third of the terms expiring each January, to be determined | ||||||
| 26 | by lot. Appointees shall include, but not be limited to, | ||||||
| |||||||
| |||||||
| 1 | recommendations from each of the 3 statewide long-term care | ||||||
| 2 | associations, with an equal number to be appointed from each. | ||||||
| 3 | Compliance with this provision shall be through the appointment | ||||||
| 4 | and reappointment process. All appointees serving as of April | ||||||
| 5 | 1, 2015 shall serve to the end of their term as determined by | ||||||
| 6 | lot or until the appointee voluntarily resigns, whichever is | ||||||
| 7 | earlier. | ||||||
| 8 | One representative from the Department of Public Health, | ||||||
| 9 | the Department of Healthcare and Family Services, the | ||||||
| 10 | Department on Aging, and the Department of Human Services may | ||||||
| 11 | each serve as an ex-officio non-voting member of the | ||||||
| 12 | Subcommittee. The Chairman of the Board shall select a | ||||||
| 13 | Subcommittee Chair, who shall serve for a period of 3 years. | ||||||
| 14 | (16) Prescribe the format of the State Board Staff Report. | ||||||
| 15 | A State Board Staff Report shall pertain to applications that | ||||||
| 16 | include, but are not limited to, applications for permit or | ||||||
| 17 | exemption, applications for permit renewal, applications for | ||||||
| 18 | extension of the obligation period, applications requesting a | ||||||
| 19 | declaratory ruling, or applications under the Health Care | ||||||
| 20 | Worker Self-Referral Act. State Board Staff Reports shall | ||||||
| 21 | compare applications to the relevant review criteria under the | ||||||
| 22 | Board's rules. | ||||||
| 23 | (17) Establish a separate set of rules and guidelines for | ||||||
| 24 | facilities licensed under the Specialized Mental Health | ||||||
| 25 | Rehabilitation Act of 2013. An application for the | ||||||
| 26 | re-establishment of a facility in connection with the | ||||||
| |||||||
| |||||||
| 1 | relocation of the facility shall not be granted unless the | ||||||
| 2 | applicant has a contractual relationship with at least one | ||||||
| 3 | hospital to provide emergency and inpatient mental health | ||||||
| 4 | services required by facility consumers, and at least one | ||||||
| 5 | community mental health agency to provide oversight and | ||||||
| 6 | assistance to facility consumers while living in the facility, | ||||||
| 7 | and appropriate services, including case management, to assist | ||||||
| 8 | them to prepare for discharge and reside stably in the | ||||||
| 9 | community thereafter. No new facilities licensed under the | ||||||
| 10 | Specialized Mental Health Rehabilitation Act of 2013 shall be | ||||||
| 11 | established after June 16, 2014 (the effective date of Public | ||||||
| 12 | Act 98-651) except in connection with the relocation of an | ||||||
| 13 | existing facility to a new location. An application for a new | ||||||
| 14 | location shall not be approved unless there are adequate | ||||||
| 15 | community services accessible to the consumers within a | ||||||
| 16 | reasonable distance, or by use of public transportation, so as | ||||||
| 17 | to facilitate the goal of achieving maximum individual | ||||||
| 18 | self-care and independence. At no time shall the total number | ||||||
| 19 | of authorized beds under this Act in facilities licensed under | ||||||
| 20 | the Specialized Mental Health Rehabilitation Act of 2013 exceed | ||||||
| 21 | the number of authorized beds on June 16, 2014 (the effective | ||||||
| 22 | date of Public Act 98-651). | ||||||
| 23 | (Source: P.A. 98-414, eff. 1-1-14; 98-463, eff. 8-16-13; | ||||||
| 24 | 98-651, eff. 6-16-14; 98-1086, eff. 8-26-14; 99-78, eff. | ||||||
| 25 | 7-20-15; 99-114, eff. 7-23-15; 99-180, eff. 7-29-15; 99-277, | ||||||
| 26 | eff. 8-5-15; revised 10-15-15.)
| ||||||
| |||||||
| |||||||
| 1 | (20 ILCS 3960/14.1)
| ||||||
| 2 | Sec. 14.1. Denial of permit; other sanctions. | ||||||
| 3 | (a) The State Board may deny an application for a permit or | ||||||
| 4 | may revoke or
take other action as permitted by this Act with | ||||||
| 5 | regard to a permit as the State
Board deems appropriate, | ||||||
| 6 | including the imposition of fines as set forth in this
Section, | ||||||
| 7 | for any one or a combination of the following: | ||||||
| 8 | (1) The acquisition of major medical equipment without | ||||||
| 9 | a permit or in
violation of the terms of a permit. | ||||||
| 10 | (2) The establishment, construction, modification, or | ||||||
| 11 | change of ownership of a health care
facility without a | ||||||
| 12 | permit or exemption or in violation of the terms of a | ||||||
| 13 | permit. | ||||||
| 14 | (3) The violation of any provision of this Act or any | ||||||
| 15 | rule adopted
under this Act. | ||||||
| 16 | (4) The failure, by any person subject to this Act, to | ||||||
| 17 | provide information
requested by the State Board or Agency | ||||||
| 18 | within 30 days after a formal written
request for the | ||||||
| 19 | information. | ||||||
| 20 | (5) The failure to pay any fine imposed under this | ||||||
| 21 | Section within 30 days
of its imposition. | ||||||
| 22 | (a-5) For facilities licensed under the ID/DD Community | ||||||
| 23 | Care Act, no permit shall be denied on the basis of prior | ||||||
| 24 | operator history, other than for actions specified under item | ||||||
| 25 | (2), (4), or (5) of Section 3-117 of the ID/DD Community Care | ||||||
| |||||||
| |||||||
| 1 | Act. For facilities licensed under the MC/DD Act, no permit | ||||||
| 2 | shall be denied on the basis of prior operator history, other | ||||||
| 3 | than for actions specified under item (2), (4), or (5) of | ||||||
| 4 | Section 3-117 of the MC/DD Act. For facilities licensed under | ||||||
| 5 | the Specialized Mental Health Rehabilitation Act of 2013, no | ||||||
| 6 | permit shall be denied on the basis of prior operator history, | ||||||
| 7 | other than for actions specified under item (2), (4), or (5) of | ||||||
| 8 | Section 3-117 of the Specialized Mental Health Rehabilitation | ||||||
| 9 | Act of 2013. For facilities licensed under the Nursing Home | ||||||
| 10 | Care Act, no permit shall be denied on the basis of prior | ||||||
| 11 | operator history, other than for: (i) actions specified under | ||||||
| 12 | item (2), (3), (4), (5), or (6) of Section 3-117 of the Nursing | ||||||
| 13 | Home Care Act; (ii) actions specified under item (a)(6) of | ||||||
| 14 | Section 3-119 of the Nursing Home Care Act; or (iii) actions | ||||||
| 15 | within the preceding 5 years constituting a substantial and | ||||||
| 16 | repeated failure to comply with the Nursing Home Care Act or | ||||||
| 17 | the rules and regulations adopted by the Department under that | ||||||
| 18 | Act. The State Board shall not deny a permit on account of any | ||||||
| 19 | action described in this subsection (a-5) without also | ||||||
| 20 | considering all such actions in the light of all relevant | ||||||
| 21 | information available to the State Board, including whether the | ||||||
| 22 | permit is sought to substantially comply with a mandatory or | ||||||
| 23 | voluntary plan of correction associated with any action | ||||||
| 24 | described in this subsection (a-5).
| ||||||
| 25 | (b) Persons shall be subject to fines as follows: | ||||||
| 26 | (1) A permit holder who fails to comply with the | ||||||
| |||||||
| |||||||
| 1 | requirements of
maintaining a valid permit shall be fined | ||||||
| 2 | an amount not to exceed 1% of the
approved permit amount | ||||||
| 3 | plus an additional 1% of the approved permit amount for
| ||||||
| 4 | each 30-day period, or fraction thereof, that the violation | ||||||
| 5 | continues. | ||||||
| 6 | (2) A permit holder who alters the scope of an approved | ||||||
| 7 | project or whose
project costs exceed the allowable permit | ||||||
| 8 | amount without first obtaining
approval from the State | ||||||
| 9 | Board shall be fined an amount not to exceed the sum of
(i) | ||||||
| 10 | the lesser of $25,000 or 2% of the approved permit amount | ||||||
| 11 | and (ii) in those
cases where the approved permit amount is | ||||||
| 12 | exceeded by more than $1,000,000, an
additional $20,000 for | ||||||
| 13 | each $1,000,000, or fraction thereof, in excess of the
| ||||||
| 14 | approved permit amount. | ||||||
| 15 | (2.5) A permit holder who fails to comply with the | ||||||
| 16 | post-permit and reporting requirements set forth in | ||||||
| 17 | Section 5 shall be fined an amount not to exceed $10,000 | ||||||
| 18 | plus an additional $10,000 for each 30-day period, or | ||||||
| 19 | fraction thereof, that the violation continues. This fine | ||||||
| 20 | shall continue to accrue until the date that (i) the | ||||||
| 21 | post-permit requirements are met and the post-permit | ||||||
| 22 | reports are received by the State Board or (ii) the matter | ||||||
| 23 | is referred by the State Board to the State Board's legal | ||||||
| 24 | counsel. The accrued fine is not waived by the permit | ||||||
| 25 | holder submitting the required information and reports. | ||||||
| 26 | Prior to any fine beginning to accrue, the Board shall
| ||||||
| |||||||
| |||||||
| 1 | notify, in writing, a permit holder of the due date
for the | ||||||
| 2 | post-permit and reporting requirements no later than 30 | ||||||
| 3 | days
before the due date for the requirements. This | ||||||
| 4 | paragraph (2.5) takes
effect 6 months after August 27, 2012 | ||||||
| 5 | (the effective date of Public Act 97-1115). | ||||||
| 6 | (3) A person who acquires major medical equipment or | ||||||
| 7 | who establishes a
category of service without first | ||||||
| 8 | obtaining a permit or exemption, as the case
may be, shall | ||||||
| 9 | be fined an amount not to exceed $10,000 for each such
| ||||||
| 10 | acquisition or category of service established plus an | ||||||
| 11 | additional $10,000 for
each 30-day period, or fraction | ||||||
| 12 | thereof, that the violation continues. | ||||||
| 13 | (4) A person who constructs, modifies, establishes, or | ||||||
| 14 | changes ownership of a health care
facility without first | ||||||
| 15 | obtaining a permit or exemption shall be fined an amount | ||||||
| 16 | not to
exceed $25,000 plus an additional $25,000 for each | ||||||
| 17 | 30-day period, or fraction
thereof, that the violation | ||||||
| 18 | continues. | ||||||
| 19 | (5) A person who discontinues a health care facility or | ||||||
| 20 | a category of
service without first obtaining a permit or | ||||||
| 21 | exemption shall be fined an amount not to exceed
$10,000 | ||||||
| 22 | plus an additional $10,000 for each 30-day period, or | ||||||
| 23 | fraction thereof,
that the violation continues. For | ||||||
| 24 | purposes of this subparagraph (5), facilities licensed | ||||||
| 25 | under the Nursing Home Care Act, the ID/DD Community Care | ||||||
| 26 | Act, or the MC/DD Act, with the exceptions of facilities | ||||||
| |||||||
| |||||||
| 1 | operated by a county or Illinois Veterans Homes, are exempt | ||||||
| 2 | from this permit requirement. However, facilities licensed | ||||||
| 3 | under the Nursing Home Care Act, the ID/DD Community Care | ||||||
| 4 | Act, or the MC/DD Act must comply with Section 3-423 of the | ||||||
| 5 | Nursing Home Care Act, Section 3-423 of the ID/DD Community | ||||||
| 6 | Care Act, or Section 3-423 of the MC/DD Act and must | ||||||
| 7 | provide the Board and the Department of Human Services with | ||||||
| 8 | 30 days' written notice of their intent to close.
| ||||||
| 9 | Facilities licensed under the ID/DD Community Care Act or | ||||||
| 10 | the MC/DD Act also must provide the Board and the | ||||||
| 11 | Department of Human Services with 30 days' written notice | ||||||
| 12 | of their intent to reduce the number of beds for a | ||||||
| 13 | facility. | ||||||
| 14 | (6) A person subject to this Act who fails to provide | ||||||
| 15 | information
requested by the State Board or Agency within | ||||||
| 16 | 30 days of a formal written
request shall be fined an | ||||||
| 17 | amount not to exceed $1,000 plus an additional $1,000
for | ||||||
| 18 | each 30-day period, or fraction thereof, that the | ||||||
| 19 | information is not
received by the State Board or Agency. | ||||||
| 20 | (b-5) The State Board may accept in-kind services instead | ||||||
| 21 | of or in combination with the imposition of a fine. This | ||||||
| 22 | authorization is limited to cases where the non-compliant | ||||||
| 23 | individual or entity has waived the right to an administrative | ||||||
| 24 | hearing or opportunity to appear before the Board regarding the | ||||||
| 25 | non-compliant matter. | ||||||
| 26 | (c) Before imposing any fine authorized under this Section, | ||||||
| |||||||
| |||||||
| 1 | the State Board
shall afford the person or permit holder, as | ||||||
| 2 | the case may be, an appearance
before the State Board and an | ||||||
| 3 | opportunity for a hearing before a hearing
officer appointed by | ||||||
| 4 | the State Board. The hearing shall be conducted in
accordance | ||||||
| 5 | with Section 10. Requests for an appearance before the State | ||||||
| 6 | Board must be made within 30 days after receiving notice that a | ||||||
| 7 | fine will be imposed. | ||||||
| 8 | (d) All fines collected under this Act shall be transmitted | ||||||
| 9 | to the State
Treasurer, who shall deposit them into the | ||||||
| 10 | Illinois Health Facilities Planning
Fund. | ||||||
| 11 | (e) Fines imposed under this Section shall continue to | ||||||
| 12 | accrue until: (i) the date that the matter is referred by the | ||||||
| 13 | State Board to the Board's legal counsel; or (ii) the date that | ||||||
| 14 | the health care facility becomes compliant with the Act, | ||||||
| 15 | whichever is earlier. | ||||||
| 16 | (Source: P.A. 98-463, eff. 8-16-13; 99-114, eff. 7-23-15; | ||||||
| 17 | 99-180, eff. 7-29-15; revised 10-14-15.)
| ||||||
| 18 | Section 135. The Illinois Holocaust and Genocide | ||||||
| 19 | Commission Act is amended by changing Section 10 as follows:
| ||||||
| 20 | (20 ILCS 5010/10) | ||||||
| 21 | (Section scheduled to be repealed on January 1, 2021)
| ||||||
| 22 | Sec. 10. Composition of the Commission. | ||||||
| 23 | (a) The Commission is composed of 22 members as follows:
| ||||||
| 24 | (1) 19 public members appointed by the Governor, one of | ||||||
| |||||||
| |||||||
| 1 | whom which shall be a student; and
| ||||||
| 2 | (2) 3 ex officio members as follows:
| ||||||
| 3 | (A) the State Superintendent of Education;
| ||||||
| 4 | (B) the Executive Director of the Board of Higher | ||||||
| 5 | Education; and
| ||||||
| 6 | (C) the Director of Veterans' Affairs.
| ||||||
| 7 | (b) The President and Minority Leader of the Senate shall | ||||||
| 8 | each designate a member or former member of the Senate and the | ||||||
| 9 | Speaker and Minority Leader of the House of Representatives | ||||||
| 10 | shall each designate a member or former member of the House of | ||||||
| 11 | Representatives to advise the Commission.
| ||||||
| 12 | (Source: P.A. 98-793, eff. 7-28-14; revised 10-13-15.)
| ||||||
| 13 | Section 140. The State Finance Act is amended by setting | ||||||
| 14 | forth and renumbering multiple versions of Sections 5.866 and | ||||||
| 15 | 5.867 as follows:
| ||||||
| 16 | (30 ILCS 105/5.866) | ||||||
| 17 | Sec. 5.866. The Illinois Telecommunications Access | ||||||
| 18 | Corporation Fund. | ||||||
| 19 | (Source: P.A. 99-6, eff. 6-29-15.)
| ||||||
| 20 | (30 ILCS 105/5.867) | ||||||
| 21 | Sec. 5.867. The Illinois Secure Choice Administrative | ||||||
| 22 | Fund. | ||||||
| 23 | (Source: P.A. 98-1150, eff. 6-1-15; 99-78, eff. 7-20-15.)
| ||||||
| |||||||
| |||||||
| 1 | (30 ILCS 105/5.868)
| ||||||
| 2 | Sec. 5.868 5.866. The Illinois ABLE Accounts | ||||||
| 3 | Administrative Fund. | ||||||
| 4 | (Source: P.A. 99-145, eff. 1-1-16; revised 9-29-15.)
| ||||||
| 5 | (30 ILCS 105/5.869)
| ||||||
| 6 | Sec. 5.869 5.866. The Women's Business Ownership Fund. | ||||||
| 7 | (Source: P.A. 99-233, eff. 8-3-15; revised 9-29-15.)
| ||||||
| 8 | (30 ILCS 105/5.870)
| ||||||
| 9 | (Section scheduled to be repealed on December 31, 2017) | ||||||
| 10 | Sec. 5.870 5.866. The U.S.S. Illinois Commissioning Fund. | ||||||
| 11 | This Section is repealed on December 31, 2017. | ||||||
| 12 | (Source: P.A. 99-423, eff. 8-20-15; revised 9-29-15.)
| ||||||
| 13 | (30 ILCS 105/5.871)
| ||||||
| 14 | Sec. 5.871 5.866. The George Bailey Memorial Fund. | ||||||
| 15 | (Source: P.A. 99-455, eff. 1-1-16; revised 9-29-15.)
| ||||||
| 16 | (30 ILCS 105/5.872)
| ||||||
| 17 | Sec. 5.872 5.866. The Parity Education Fund. | ||||||
| 18 | (Source: P.A. 99-480, eff. 9-9-15; revised 9-29-15.)
| ||||||
| 19 | (30 ILCS 105/5.873)
| ||||||
| 20 | Sec. 5.873 5.867. The Autism Care Fund. | ||||||
| |||||||
| |||||||
| 1 | (Source: P.A. 99-423, eff. 8-20-15; revised 9-29-15.)
| ||||||
| 2 | Section 145. The Business Enterprise for Minorities, | ||||||
| 3 | Females, and Persons with
Disabilities Act is amended by | ||||||
| 4 | changing Sections 2 and 4f as follows:
| ||||||
| 5 | (30 ILCS 575/2)
| ||||||
| 6 | (Section scheduled to be repealed on June 30, 2016) | ||||||
| 7 | Sec. 2. Definitions.
| ||||||
| 8 | (A) For the purpose of this Act, the following
terms shall | ||||||
| 9 | have the following definitions:
| ||||||
| 10 | (1) "Minority person" shall mean a person who is a | ||||||
| 11 | citizen or lawful
permanent resident of the United States | ||||||
| 12 | and who is any of the following:
| ||||||
| 13 | (a) American Indian or Alaska Native (a person | ||||||
| 14 | having origins in any of the original peoples of North | ||||||
| 15 | and South America, including Central America, and who | ||||||
| 16 | maintains tribal affiliation or community attachment). | ||||||
| 17 | (b) Asian (a person having origins in any of the | ||||||
| 18 | original peoples of the Far East, Southeast Asia, or | ||||||
| 19 | the Indian subcontinent, including, but not limited | ||||||
| 20 | to, Cambodia, China, India, Japan, Korea, Malaysia, | ||||||
| 21 | Pakistan, the Philippine Islands, Thailand, and | ||||||
| 22 | Vietnam). | ||||||
| 23 | (c) Black or African American (a person having | ||||||
| 24 | origins in any of the black racial groups of Africa). | ||||||
| |||||||
| |||||||
| 1 | Terms such as "Haitian" or "Negro" can be used in | ||||||
| 2 | addition to "Black or African American". | ||||||
| 3 | (d) Hispanic or Latino (a person of Cuban, Mexican, | ||||||
| 4 | Puerto Rican, South or Central American, or other | ||||||
| 5 | Spanish culture or origin, regardless of race). | ||||||
| 6 | (e) Native Hawaiian or Other Pacific Islander (a | ||||||
| 7 | person having origins in any of the original peoples of | ||||||
| 8 | Hawaii, Guam, Samoa, or other Pacific Islands).
| ||||||
| 9 | (2) "Female" shall mean a person who is a citizen or | ||||||
| 10 | lawful permanent
resident of the United States and who is | ||||||
| 11 | of the female gender.
| ||||||
| 12 | (2.05) "Person with a disability" means a person who is | ||||||
| 13 | a citizen or
lawful resident of the United States and is a | ||||||
| 14 | person qualifying as a person with a disability under | ||||||
| 15 | subdivision (2.1) of this subsection (A).
| ||||||
| 16 | (2.1) "Person with a disability" means a person with a | ||||||
| 17 | severe physical or mental disability that:
| ||||||
| 18 | (a) results from:
| ||||||
| 19 | amputation,
| ||||||
| 20 | arthritis,
| ||||||
| 21 | autism,
| ||||||
| 22 | blindness,
| ||||||
| 23 | burn injury,
| ||||||
| 24 | cancer,
| ||||||
| 25 | cerebral palsy,
| ||||||
| 26 | Crohn's disease, | ||||||
| |||||||
| |||||||
| 1 | cystic fibrosis,
| ||||||
| 2 | deafness,
| ||||||
| 3 | head injury,
| ||||||
| 4 | heart disease,
| ||||||
| 5 | hemiplegia,
| ||||||
| 6 | hemophilia,
| ||||||
| 7 | respiratory or pulmonary dysfunction,
| ||||||
| 8 | an intellectual disability,
| ||||||
| 9 | mental illness,
| ||||||
| 10 | multiple sclerosis,
| ||||||
| 11 | muscular dystrophy,
| ||||||
| 12 | musculoskeletal disorders,
| ||||||
| 13 | neurological disorders, including stroke and | ||||||
| 14 | epilepsy,
| ||||||
| 15 | paraplegia,
| ||||||
| 16 | quadriplegia and other spinal cord conditions,
| ||||||
| 17 | sickle cell anemia,
| ||||||
| 18 | ulcerative colitis, | ||||||
| 19 | specific learning disabilities, or
| ||||||
| 20 | end stage renal failure disease; and
| ||||||
| 21 | (b) substantially limits one or more of the | ||||||
| 22 | person's major life activities.
| ||||||
| 23 | Another disability or combination of disabilities may | ||||||
| 24 | also be considered
as a severe disability for the purposes | ||||||
| 25 | of item (a) of this
subdivision (2.1) if it is determined | ||||||
| 26 | by an evaluation of
rehabilitation potential to
cause a | ||||||
| |||||||
| |||||||
| 1 | comparable degree of substantial functional limitation | ||||||
| 2 | similar to
the specific list of disabilities listed in item | ||||||
| 3 | (a) of this
subdivision (2.1).
| ||||||
| 4 | (3) "Minority owned business" means a business which is | ||||||
| 5 | at least
51% owned by one or more minority persons, or in | ||||||
| 6 | the case of a
corporation, at least 51% of the stock in | ||||||
| 7 | which is owned by one or
more minority persons; and the | ||||||
| 8 | management and daily business operations of
which are | ||||||
| 9 | controlled by one or more of the minority individuals who | ||||||
| 10 | own it.
| ||||||
| 11 | (4) "Female owned business" means a business which is | ||||||
| 12 | at least
51% owned by one or more females, or, in the case | ||||||
| 13 | of a corporation, at
least 51% of the stock in which is | ||||||
| 14 | owned by one or more females; and the
management and daily | ||||||
| 15 | business operations of which are controlled by one or
more | ||||||
| 16 | of the females who own it.
| ||||||
| 17 | (4.1) "Business owned by a person with a disability" | ||||||
| 18 | means a business
that is at least 51% owned by one or more | ||||||
| 19 | persons with a disability
and the management and daily | ||||||
| 20 | business operations of which
are controlled by one or more | ||||||
| 21 | of the persons with disabilities who own it. A
| ||||||
| 22 | not-for-profit agency for persons with disabilities that | ||||||
| 23 | is exempt from
taxation under Section 501 of the Internal | ||||||
| 24 | Revenue Code of 1986 is also
considered a "business owned | ||||||
| 25 | by a person with a disability".
| ||||||
| 26 | (4.2) "Council" means the Business Enterprise Council | ||||||
| |||||||
| |||||||
| 1 | for Minorities,
Females, and Persons with Disabilities | ||||||
| 2 | created under Section 5 of this Act.
| ||||||
| 3 | (5) "State contracts" means all contracts entered into | ||||||
| 4 | by the State, any agency or department thereof, or any | ||||||
| 5 | public institution of higher education, including | ||||||
| 6 | community college districts, regardless of the source of | ||||||
| 7 | the funds with which the contracts are paid, which are not | ||||||
| 8 | subject to federal reimbursement. "State contracts" does | ||||||
| 9 | not include contracts awarded by a retirement system, | ||||||
| 10 | pension fund, or investment board subject to Section | ||||||
| 11 | 1-109.1 of the Illinois Pension Code. This definition shall | ||||||
| 12 | control over any existing definition under this Act or | ||||||
| 13 | applicable administrative rule.
| ||||||
| 14 | "State construction contracts" means all State | ||||||
| 15 | contracts entered
into by a State agency or public | ||||||
| 16 | institution of higher education for the repair, | ||||||
| 17 | remodeling,
renovation or
construction of a building or | ||||||
| 18 | structure, or for the construction or
maintenance of a | ||||||
| 19 | highway defined in Article 2 of the Illinois Highway
Code.
| ||||||
| 20 | (6) "State agencies" shall mean all departments, | ||||||
| 21 | officers, boards,
commissions, institutions and bodies | ||||||
| 22 | politic and corporate of the State,
but does not include | ||||||
| 23 | the Board of Trustees of the University of Illinois,
the | ||||||
| 24 | Board of Trustees of Southern Illinois University,
the | ||||||
| 25 | Board of Trustees
of Chicago State University, the Board of | ||||||
| 26 | Trustees of Eastern Illinois
University, the Board of | ||||||
| |||||||
| |||||||
| 1 | Trustees of Governors State University, the Board of
| ||||||
| 2 | Trustees of Illinois State University, the Board of | ||||||
| 3 | Trustees of Northeastern
Illinois
University, the Board of | ||||||
| 4 | Trustees of Northern Illinois University, the Board of
| ||||||
| 5 | Trustees of Western Illinois University,
municipalities or | ||||||
| 6 | other local governmental units, or other State | ||||||
| 7 | constitutional
officers.
| ||||||
| 8 | (7) "Public institutions of higher education" means | ||||||
| 9 | the University of Illinois, Southern Illinois University, | ||||||
| 10 | Chicago State University, Eastern Illinois University, | ||||||
| 11 | Governors State University, Illinois State University, | ||||||
| 12 | Northeastern Illinois University, Northern Illinois | ||||||
| 13 | University, Western Illinois University, the public | ||||||
| 14 | community colleges of the State, and any other public | ||||||
| 15 | universities, colleges, and community colleges now or | ||||||
| 16 | hereafter established or authorized by the General | ||||||
| 17 | Assembly.
| ||||||
| 18 | (8) "Certification" means a determination made by the | ||||||
| 19 | Council
or by one delegated authority from the Council to | ||||||
| 20 | make certifications, or by
a State agency with statutory | ||||||
| 21 | authority to make such a certification, that a
business | ||||||
| 22 | entity is a business owned by a
minority, female, or person | ||||||
| 23 | with a disability for whatever
purpose. A business owned | ||||||
| 24 | and controlled by females shall be certified as a "female | ||||||
| 25 | owned business". A business owned and controlled by females | ||||||
| 26 | who are also minorities shall be certified as both a | ||||||
| |||||||
| |||||||
| 1 | "female owned business" and a "minority owned business".
| ||||||
| 2 | (9) "Control" means the exclusive or ultimate and sole | ||||||
| 3 | control of the
business including, but not limited to, | ||||||
| 4 | capital investment and all other
financial matters, | ||||||
| 5 | property, acquisitions, contract negotiations, legal
| ||||||
| 6 | matters, officer-director-employee selection and | ||||||
| 7 | comprehensive hiring,
operating responsibilities, | ||||||
| 8 | cost-control matters, income and dividend
matters, | ||||||
| 9 | financial transactions and rights of other shareholders or | ||||||
| 10 | joint
partners. Control shall be real, substantial and | ||||||
| 11 | continuing, not pro forma.
Control shall include the power | ||||||
| 12 | to direct or cause the direction of the
management and | ||||||
| 13 | policies of the business and to make the day-to-day as well
| ||||||
| 14 | as major decisions in matters of policy, management and | ||||||
| 15 | operations.
Control shall be exemplified by possessing the | ||||||
| 16 | requisite knowledge and
expertise to run the particular | ||||||
| 17 | business and control shall not include
simple majority or | ||||||
| 18 | absentee ownership.
| ||||||
| 19 | (10) "Business" means a business that has annual gross | ||||||
| 20 | sales of less than $75,000,000 as evidenced by the federal | ||||||
| 21 | income tax return of the business. A firm with gross sales | ||||||
| 22 | in excess of this cap may apply to the Council for | ||||||
| 23 | certification for a particular contract if the firm can | ||||||
| 24 | demonstrate that the contract would have significant | ||||||
| 25 | impact on businesses owned by minorities, females, or | ||||||
| 26 | persons with disabilities as suppliers or subcontractors | ||||||
| |||||||
| |||||||
| 1 | or in employment of minorities, females, or persons with | ||||||
| 2 | disabilities.
| ||||||
| 3 | (B) When a business is owned at least 51% by any | ||||||
| 4 | combination of
minority persons, females, or persons with | ||||||
| 5 | disabilities,
even though none of the 3 classes alone holds at | ||||||
| 6 | least a 51% interest, the
ownership
requirement for purposes of | ||||||
| 7 | this Act is considered to be met. The
certification category | ||||||
| 8 | for the business is that of the class holding the
largest | ||||||
| 9 | ownership
interest in the business. If 2 or more classes have | ||||||
| 10 | equal ownership interests,
the certification category shall be | ||||||
| 11 | determined by
the business.
| ||||||
| 12 | (Source: P.A. 98-95, eff. 7-17-13; 99-143, eff. 7-27-15; | ||||||
| 13 | 99-462, eff. 8-25-15; revised 10-16-15.)
| ||||||
| 14 | (30 ILCS 575/4f) | ||||||
| 15 | (Section scheduled to be repealed on June 30, 2016) | ||||||
| 16 | Sec. 4f. Award of State contracts. | ||||||
| 17 | (1) It is hereby declared to be the public policy of the | ||||||
| 18 | State of Illinois to promote and encourage each State agency | ||||||
| 19 | and public institution of higher education to use businesses | ||||||
| 20 | owned by minorities, females, and persons with disabilities in | ||||||
| 21 | the area of goods and services, including, but not limited to, | ||||||
| 22 | insurance services, investment management services, | ||||||
| 23 | information technology services, accounting services, | ||||||
| 24 | architectural and engineering services, and legal services. | ||||||
| 25 | Furthermore, each State agency and public institution of higher | ||||||
| |||||||
| |||||||
| 1 | education shall utilize such firms to the greatest extent | ||||||
| 2 | feasible within the bounds of financial and fiduciary prudence, | ||||||
| 3 | and take affirmative steps to remove any barriers to the full | ||||||
| 4 | participation of such firms in the procurement and contracting | ||||||
| 5 | opportunities afforded. | ||||||
| 6 | (a) When a State agency or public institution of higher | ||||||
| 7 | education, other than a community college, awards a | ||||||
| 8 | contract for insurance services, for each State agency or | ||||||
| 9 | public institution of higher education, it shall be the | ||||||
| 10 | aspirational goal to use insurance brokers owned by | ||||||
| 11 | minorities, females, and persons with disabilities as | ||||||
| 12 | defined by this Act, for not less than 20% of the total | ||||||
| 13 | annual premiums or fees. | ||||||
| 14 | (b) When a State agency or public institution of higher | ||||||
| 15 | education, other than a community college, awards a | ||||||
| 16 | contract for investment services, for each State agency or | ||||||
| 17 | public institution of higher education, it shall be the | ||||||
| 18 | aspirational goal to use emerging investment managers | ||||||
| 19 | owned by minorities, females, and persons with | ||||||
| 20 | disabilities as defined by this Act, for not less than 20% | ||||||
| 21 | of the total funds under management. Furthermore, it is the | ||||||
| 22 | aspirational goal that not less than 20% of the direct | ||||||
| 23 | asset managers of the State funds be minorities, females, | ||||||
| 24 | and persons with disabilities. | ||||||
| 25 | (c) When a State agency or public institution of higher | ||||||
| 26 | education, other than a community college, awards | ||||||
| |||||||
| |||||||
| 1 | contracts for information technology services, accounting | ||||||
| 2 | services, architectural and engineering services, and | ||||||
| 3 | legal services, for each State agency and public | ||||||
| 4 | institution of higher education, it shall be the | ||||||
| 5 | aspirational goal to use such firms owned by minorities, | ||||||
| 6 | females, and persons with disabilities as defined by this | ||||||
| 7 | Act and lawyers who are minorities, females, and persons | ||||||
| 8 | with disabilities as defined by this Act, for not less than | ||||||
| 9 | 20% of the total dollar amount of State contracts. | ||||||
| 10 | (d) When a community college awards a contract for | ||||||
| 11 | insurance services, investment services, information | ||||||
| 12 | technology services, accounting services, architectural | ||||||
| 13 | and engineering services, and legal services, it shall be | ||||||
| 14 | the aspirational goal of each community college to use | ||||||
| 15 | businesses owned by minorities, females, and persons with | ||||||
| 16 | disabilities as defined in this Act for not less than 20% | ||||||
| 17 | of the total amount spent on contracts for these services | ||||||
| 18 | collectively. When a community college awards contracts | ||||||
| 19 | for investment services, contracts awarded to investment | ||||||
| 20 | managers who are not emerging investment managers as | ||||||
| 21 | defined in this Act shall not be considered businesses | ||||||
| 22 | owned by minorities, females, or persons with disabilities | ||||||
| 23 | for the purposes of this Section. | ||||||
| 24 | (2) As used in this Section: | ||||||
| 25 | "Accounting services" means the measurement, | ||||||
| 26 | processing and communication of financial information | ||||||
| |||||||
| |||||||
| 1 | about economic entities including, but is not limited to, | ||||||
| 2 | financial accounting, management accounting, auditing, | ||||||
| 3 | cost containment and auditing services, taxation and | ||||||
| 4 | accounting information systems. | ||||||
| 5 | "Architectural and engineering services" means | ||||||
| 6 | professional services of an architectural or engineering | ||||||
| 7 | nature, or incidental services, that members of the | ||||||
| 8 | architectural and engineering professions, and individuals | ||||||
| 9 | in their employ, may logically or justifiably perform, | ||||||
| 10 | including studies, investigations, surveying and mapping, | ||||||
| 11 | tests, evaluations, consultations, comprehensive planning, | ||||||
| 12 | program management, conceptual designs, plans and | ||||||
| 13 | specifications, value engineering, construction phase | ||||||
| 14 | services, soils engineering, drawing reviews, preparation | ||||||
| 15 | of operating and maintenance manuals, and other related | ||||||
| 16 | services. | ||||||
| 17 | "Emerging investment manager" means an investment | ||||||
| 18 | manager or claims consultant having assets under | ||||||
| 19 | management below $10 billion or otherwise adjudicating | ||||||
| 20 | claims. | ||||||
| 21 | "Information technology services" means, but is not | ||||||
| 22 | limited to, specialized technology-oriented solutions by | ||||||
| 23 | combining the processes and functions of software, | ||||||
| 24 | hardware, networks, telecommunications, web designers, | ||||||
| 25 | cloud developing resellers, and electronics. | ||||||
| 26 | "Insurance broker" means an insurance brokerage firm, | ||||||
| |||||||
| |||||||
| 1 | claims administrator, or both, that procures, places all | ||||||
| 2 | lines of insurance, or administers claims with annual | ||||||
| 3 | premiums or fees of at least $5,000,000 but not more than | ||||||
| 4 | $10,000,000. | ||||||
| 5 | "Legal services" means work performed by a lawyer | ||||||
| 6 | including, but not limited to, contracts in anticipation of | ||||||
| 7 | litigation, enforcement actions, or investigations. | ||||||
| 8 | (3) Each State agency and public institution institutions | ||||||
| 9 | of higher education shall adopt policies that identify its plan | ||||||
| 10 | and implementation procedures for increasing the use of service | ||||||
| 11 | firms owned by minorities, females, and persons with | ||||||
| 12 | disabilities. | ||||||
| 13 | (4) Except as provided in subsection (5), the Council shall | ||||||
| 14 | file no later than March 1 of each year an annual report to the | ||||||
| 15 | Governor and the General Assembly. The report filed with the | ||||||
| 16 | General Assembly shall be filed as required in Section 3.1 of | ||||||
| 17 | the General Assembly Organization Act. This report shall: (i) | ||||||
| 18 | identify the service firms used by each State agency and public | ||||||
| 19 | institution of higher education, (ii) identify the actions it | ||||||
| 20 | has undertaken to increase the use of service firms owned by | ||||||
| 21 | minorities, females, and persons with disabilities, including | ||||||
| 22 | encouraging non-minority owned firms to use other service firms | ||||||
| 23 | owned by minorities, females, and persons with disabilities as | ||||||
| 24 | subcontractors when the opportunities arise, (iii) state any | ||||||
| 25 | recommendations made by the Council to each State agency and | ||||||
| 26 | public institution of higher education to increase | ||||||
| |||||||
| |||||||
| 1 | participation by the use of service firms owned by minorities, | ||||||
| 2 | females, and persons with disabilities, and (iv) include the | ||||||
| 3 | following: | ||||||
| 4 | (A) For insurance services: the names of the insurance | ||||||
| 5 | brokers or claims consultants used, the total of risk | ||||||
| 6 | managed by each State agency and public institution of | ||||||
| 7 | higher education by insurance brokers, the total | ||||||
| 8 | commissions, fees paid, or both, the lines or insurance | ||||||
| 9 | policies placed, and the amount of premiums placed; and the | ||||||
| 10 | percentage of the risk managed by insurance brokers, the | ||||||
| 11 | percentage of total commission, fees paid, or both, the | ||||||
| 12 | lines or insurance policies placed, and the amount of | ||||||
| 13 | premiums placed with each by the insurance brokers owned by | ||||||
| 14 | minorities, females, and persons with disabilities by each | ||||||
| 15 | State agency and public institution of higher education. | ||||||
| 16 | (B) For investment management services: the names of | ||||||
| 17 | the investment managers used, the total funds under | ||||||
| 18 | management of investment managers; the total commissions, | ||||||
| 19 | fees paid, or both; the total and percentage of funds under | ||||||
| 20 | management of emerging investment managers owned by | ||||||
| 21 | minorities, females, and persons with disabilities, | ||||||
| 22 | including the total and percentage of total commissions, | ||||||
| 23 | fees paid, or both by each State agency and public | ||||||
| 24 | institution of higher education. | ||||||
| 25 | (C) The names of service firms, the percentage and | ||||||
| 26 | total dollar amount paid for professional services by | ||||||
| |||||||
| |||||||
| 1 | category by each State agency and public institution of | ||||||
| 2 | higher education. | ||||||
| 3 | (D) The names of service firms, the percentage and | ||||||
| 4 | total dollar amount paid for services by category to firms | ||||||
| 5 | owned by minorities, females, and persons with | ||||||
| 6 | disabilities by each State agency and public institution of | ||||||
| 7 | higher education. | ||||||
| 8 | (E) The total number of contracts awarded for services | ||||||
| 9 | by category and the total number of contracts awarded to | ||||||
| 10 | firms owned by minorities, females, and persons with | ||||||
| 11 | disabilities by each State agency and public institution of | ||||||
| 12 | higher education. | ||||||
| 13 | (5) For community college districts, the Business | ||||||
| 14 | Enterprise Council shall only report the following information | ||||||
| 15 | for each community college district: (i) the name of the | ||||||
| 16 | community colleges in the district, (ii) the name and contact | ||||||
| 17 | information of a person at each community college appointed to | ||||||
| 18 | be the single point of contact for vendors owned by minorities, | ||||||
| 19 | females, or persons with disabilities, (iii) the policy of the | ||||||
| 20 | community college district concerning certified vendors, (iv) | ||||||
| 21 | the certifications recognized by the community college | ||||||
| 22 | district for determining whether a business is owned or | ||||||
| 23 | controlled by a minority, female, or person with a disability, | ||||||
| 24 | (v) outreach efforts conducted by the community college | ||||||
| 25 | district to increase the use of certified vendors, (vi) the | ||||||
| 26 | total expenditures by the community college district in the | ||||||
| |||||||
| |||||||
| 1 | prior fiscal year in the divisions of work specified in | ||||||
| 2 | paragraphs (a), (b), and (c) of subsection (1) of this Section | ||||||
| 3 | and the amount paid to certified vendors in those divisions of | ||||||
| 4 | work, and (vii) the total number of contracts entered into for | ||||||
| 5 | the divisions of work specified in paragraphs (a), (b), and (c) | ||||||
| 6 | of subsection (1) of this Section and the total number of | ||||||
| 7 | contracts awarded to certified vendors providing these | ||||||
| 8 | services to the community college district. The Business | ||||||
| 9 | Enterprise Council shall not make any utilization reports under | ||||||
| 10 | this Act for community college districts for Fiscal Year 2015 | ||||||
| 11 | and Fiscal Year 2016, but shall make the report required by | ||||||
| 12 | this subsection for Fiscal Year 2017 and for each fiscal year | ||||||
| 13 | thereafter. The Business Enterprise Council shall report the | ||||||
| 14 | information in items (i), (ii), (iii), and (iv) of this | ||||||
| 15 | subsection beginning in September of 2016. The Business | ||||||
| 16 | Enterprise Council may collect the data needed to make its | ||||||
| 17 | report from the Illinois Community College Board. | ||||||
| 18 | (6) The status of the utilization of services shall be | ||||||
| 19 | discussed at each of the regularly scheduled Business | ||||||
| 20 | Enterprise Council meetings. Time shall be allotted for the | ||||||
| 21 | Council to receive, review, and discuss the progress of the use | ||||||
| 22 | of service firms owned by minorities, females, and persons with | ||||||
| 23 | disabilities by each State agency and public institution | ||||||
| 24 | institutions of higher education; and any evidence regarding | ||||||
| 25 | past or present racial, ethnic, or gender-based discrimination | ||||||
| 26 | which directly impacts a State agency or public institution | ||||||
| |||||||
| |||||||
| 1 | institutions of higher education contracting with such firms. | ||||||
| 2 | If after reviewing such evidence the Council finds that there | ||||||
| 3 | is or has been such discrimination against a specific group, | ||||||
| 4 | race or sex, the Council shall establish sheltered markets or | ||||||
| 5 | adjust existing sheltered markets tailored to address the | ||||||
| 6 | Council's specific findings for the divisions of work specified | ||||||
| 7 | in paragraphs (a), (b), and (c) of subsection (1) of this | ||||||
| 8 | Section.
| ||||||
| 9 | (Source: P.A. 99-462, eff. 8-25-15; revised 10-15-15.)
| ||||||
| 10 | Section 150. The State Mandates Act is amended by changing | ||||||
| 11 | Section 8.39 as follows:
| ||||||
| 12 | (30 ILCS 805/8.39) | ||||||
| 13 | Sec. 8.39. Exempt mandate. | ||||||
| 14 | (a) Notwithstanding Sections 6 and 8 of this Act, no | ||||||
| 15 | reimbursement by the State is required for the implementation | ||||||
| 16 | of any mandate created by Public Act 99-176, 99-180, 99-228, or | ||||||
| 17 | 99-466 this amendatory Act of the 99th General Assembly.
| ||||||
| 18 | (b) Notwithstanding Sections 6 and 8 of this Act, no | ||||||
| 19 | reimbursement by the State is required for the implementation | ||||||
| 20 | of any mandate created by the Student Transfer Achievement | ||||||
| 21 | Reform Act. | ||||||
| 22 | (Source: P.A. 99-176, eff. 7-29-15; 99-180, eff. 7-29-15; | ||||||
| 23 | 99-228, eff. 1-1-16; 99-316, eff. 1-1-16; 99-466, eff. 8-26-15; | ||||||
| 24 | revised 10-9-15.)
| ||||||
| |||||||
| |||||||
| 1 | Section 155. The Illinois Income Tax Act is amended by | ||||||
| 2 | changing Sections 304 and 507DDD as follows:
| ||||||
| 3 | (35 ILCS 5/304) (from Ch. 120, par. 3-304)
| ||||||
| 4 | Sec. 304. Business income of persons other than residents.
| ||||||
| 5 | (a) In general. The business income of a person other than | ||||||
| 6 | a
resident shall be allocated to this State if such person's | ||||||
| 7 | business
income is derived solely from this State. If a person | ||||||
| 8 | other than a
resident derives business income from this State | ||||||
| 9 | and one or more other
states, then, for tax years ending on or | ||||||
| 10 | before December 30, 1998, and
except as otherwise provided by | ||||||
| 11 | this Section, such
person's business income shall be | ||||||
| 12 | apportioned to this State by
multiplying the income by a | ||||||
| 13 | fraction, the numerator of which is the sum
of the property | ||||||
| 14 | factor (if any), the payroll factor (if any) and 200% of the
| ||||||
| 15 | sales factor (if any), and the denominator of which is 4 | ||||||
| 16 | reduced by the
number of factors other than the sales factor | ||||||
| 17 | which have a denominator
of zero and by an additional 2 if the | ||||||
| 18 | sales factor has a denominator of zero.
For tax years ending on | ||||||
| 19 | or after December 31, 1998, and except as otherwise
provided by | ||||||
| 20 | this Section, persons other than
residents who derive business | ||||||
| 21 | income from this State and one or more other
states shall | ||||||
| 22 | compute their apportionment factor by weighting their | ||||||
| 23 | property,
payroll, and sales factors as provided in
subsection | ||||||
| 24 | (h) of this Section.
| ||||||
| |||||||
| |||||||
| 1 | (1) Property factor.
| ||||||
| 2 | (A) The property factor is a fraction, the numerator of | ||||||
| 3 | which is the
average value of the person's real and | ||||||
| 4 | tangible personal property owned
or rented and used in the | ||||||
| 5 | trade or business in this State during the
taxable year and | ||||||
| 6 | the denominator of which is the average value of all
the | ||||||
| 7 | person's real and tangible personal property owned or | ||||||
| 8 | rented and
used in the trade or business during the taxable | ||||||
| 9 | year.
| ||||||
| 10 | (B) Property owned by the person is valued at its | ||||||
| 11 | original cost.
Property rented by the person is valued at 8 | ||||||
| 12 | times the net annual rental
rate. Net annual rental rate is | ||||||
| 13 | the annual rental rate paid by the
person less any annual | ||||||
| 14 | rental rate received by the person from
sub-rentals.
| ||||||
| 15 | (C) The average value of property shall be determined | ||||||
| 16 | by averaging
the values at the beginning and ending of the | ||||||
| 17 | taxable year but the
Director may require the averaging of | ||||||
| 18 | monthly values during the taxable
year if reasonably | ||||||
| 19 | required to reflect properly the average value of the
| ||||||
| 20 | person's property.
| ||||||
| 21 | (2) Payroll factor.
| ||||||
| 22 | (A) The payroll factor is a fraction, the numerator of | ||||||
| 23 | which is the
total amount paid in this State during the | ||||||
| 24 | taxable year by the person
for compensation, and the | ||||||
| 25 | denominator of which is the total compensation
paid | ||||||
| 26 | everywhere during the taxable year.
| ||||||
| |||||||
| |||||||
| 1 | (B) Compensation is paid in this State if:
| ||||||
| 2 | (i) The individual's service is performed entirely | ||||||
| 3 | within this
State;
| ||||||
| 4 | (ii) The individual's service is performed both | ||||||
| 5 | within and without
this State, but the service | ||||||
| 6 | performed without this State is incidental
to the | ||||||
| 7 | individual's service performed within this State; or
| ||||||
| 8 | (iii) Some of the service is performed within this | ||||||
| 9 | State and either
the base of operations, or if there is | ||||||
| 10 | no base of operations, the place
from which the service | ||||||
| 11 | is directed or controlled is within this State,
or the | ||||||
| 12 | base of operations or the place from which the service | ||||||
| 13 | is
directed or controlled is not in any state in which | ||||||
| 14 | some part of the
service is performed, but the | ||||||
| 15 | individual's residence is in this State.
| ||||||
| 16 | (iv) Compensation paid to nonresident professional | ||||||
| 17 | athletes. | ||||||
| 18 | (a) General. The Illinois source income of a | ||||||
| 19 | nonresident individual who is a member of a | ||||||
| 20 | professional athletic team includes the portion of the | ||||||
| 21 | individual's total compensation for services performed | ||||||
| 22 | as a member of a professional athletic team during the | ||||||
| 23 | taxable year which the number of duty days spent within | ||||||
| 24 | this State performing services for the team in any | ||||||
| 25 | manner during the taxable year bears to the total | ||||||
| 26 | number of duty days spent both within and without this | ||||||
| |||||||
| |||||||
| 1 | State during the taxable year. | ||||||
| 2 | (b) Travel days. Travel days that do not involve | ||||||
| 3 | either a game, practice, team meeting, or other similar | ||||||
| 4 | team event are not considered duty days spent in this | ||||||
| 5 | State. However, such travel days are considered in the | ||||||
| 6 | total duty days spent both within and without this | ||||||
| 7 | State. | ||||||
| 8 | (c) Definitions. For purposes of this subpart | ||||||
| 9 | (iv): | ||||||
| 10 | (1) The term "professional athletic team" | ||||||
| 11 | includes, but is not limited to, any professional | ||||||
| 12 | baseball, basketball, football, soccer, or hockey | ||||||
| 13 | team. | ||||||
| 14 | (2) The term "member of a professional | ||||||
| 15 | athletic team" includes those employees who are | ||||||
| 16 | active players, players on the disabled list, and | ||||||
| 17 | any other persons required to travel and who travel | ||||||
| 18 | with and perform services on behalf of a | ||||||
| 19 | professional athletic team on a regular basis. | ||||||
| 20 | This includes, but is not limited to, coaches, | ||||||
| 21 | managers, and trainers. | ||||||
| 22 | (3) Except as provided in items (C) and (D) of | ||||||
| 23 | this subpart (3), the term "duty days" means all | ||||||
| 24 | days during the taxable year from the beginning of | ||||||
| 25 | the professional athletic team's official | ||||||
| 26 | pre-season training period through the last game | ||||||
| |||||||
| |||||||
| 1 | in which the team competes or is scheduled to | ||||||
| 2 | compete. Duty days shall be counted for the year in | ||||||
| 3 | which they occur, including where a team's | ||||||
| 4 | official pre-season training period through the | ||||||
| 5 | last game in which the team competes or is | ||||||
| 6 | scheduled to compete, occurs during more than one | ||||||
| 7 | tax year. | ||||||
| 8 | (A) Duty days shall also include days on | ||||||
| 9 | which a member of a professional athletic team | ||||||
| 10 | performs service for a team on a date that does | ||||||
| 11 | not fall within the foregoing period (e.g., | ||||||
| 12 | participation in instructional leagues, the | ||||||
| 13 | "All Star Game", or promotional "caravans"). | ||||||
| 14 | Performing a service for a professional | ||||||
| 15 | athletic team includes conducting training and | ||||||
| 16 | rehabilitation activities, when such | ||||||
| 17 | activities are conducted at team facilities. | ||||||
| 18 | (B) Also included in duty days are game | ||||||
| 19 | days, practice days, days spent at team | ||||||
| 20 | meetings, promotional caravans, preseason | ||||||
| 21 | training camps, and days served with the team | ||||||
| 22 | through all post-season games in which the team | ||||||
| 23 | competes or is scheduled to compete. | ||||||
| 24 | (C) Duty days for any person who joins a | ||||||
| 25 | team during the period from the beginning of | ||||||
| 26 | the professional athletic team's official | ||||||
| |||||||
| |||||||
| 1 | pre-season training period through the last | ||||||
| 2 | game in which the team competes, or is | ||||||
| 3 | scheduled to compete, shall begin on the day | ||||||
| 4 | that person joins the team. Conversely, duty | ||||||
| 5 | days for any person who leaves a team during | ||||||
| 6 | this period shall end on the day that person | ||||||
| 7 | leaves the team. Where a person switches teams | ||||||
| 8 | during a taxable year, a separate duty-day | ||||||
| 9 | calculation shall be made for the period the | ||||||
| 10 | person was with each team. | ||||||
| 11 | (D) Days for which a member of a | ||||||
| 12 | professional athletic team is not compensated | ||||||
| 13 | and is not performing services for the team in | ||||||
| 14 | any manner, including days when such member of | ||||||
| 15 | a professional athletic team has been | ||||||
| 16 | suspended without pay and prohibited from | ||||||
| 17 | performing any services for the team, shall not | ||||||
| 18 | be treated as duty days. | ||||||
| 19 | (E) Days for which a member of a | ||||||
| 20 | professional athletic team is on the disabled | ||||||
| 21 | list and does not conduct rehabilitation | ||||||
| 22 | activities at facilities of the team, and is | ||||||
| 23 | not otherwise performing services for the team | ||||||
| 24 | in Illinois, shall not be considered duty days | ||||||
| 25 | spent in this State. All days on the disabled | ||||||
| 26 | list, however, are considered to be included in | ||||||
| |||||||
| |||||||
| 1 | total duty days spent both within and without | ||||||
| 2 | this State. | ||||||
| 3 | (4) The term "total compensation for services | ||||||
| 4 | performed as a member of a professional athletic | ||||||
| 5 | team" means the total compensation received during | ||||||
| 6 | the taxable year for services performed: | ||||||
| 7 | (A) from the beginning of the official | ||||||
| 8 | pre-season training period through the last | ||||||
| 9 | game in which the team competes or is scheduled | ||||||
| 10 | to compete during that taxable year; and | ||||||
| 11 | (B) during the taxable year on a date which | ||||||
| 12 | does not fall within the foregoing period | ||||||
| 13 | (e.g., participation in instructional leagues, | ||||||
| 14 | the "All Star Game", or promotional caravans). | ||||||
| 15 | This compensation shall include, but is not | ||||||
| 16 | limited to, salaries, wages, bonuses as described | ||||||
| 17 | in this subpart, and any other type of compensation | ||||||
| 18 | paid during the taxable year to a member of a | ||||||
| 19 | professional athletic team for services performed | ||||||
| 20 | in that year. This compensation does not include | ||||||
| 21 | strike benefits, severance pay, termination pay, | ||||||
| 22 | contract or option year buy-out payments, | ||||||
| 23 | expansion or relocation payments, or any other | ||||||
| 24 | payments not related to services performed for the | ||||||
| 25 | team. | ||||||
| 26 | For purposes of this subparagraph, "bonuses" | ||||||
| |||||||
| |||||||
| 1 | included in "total compensation for services | ||||||
| 2 | performed as a member of a professional athletic | ||||||
| 3 | team" subject to the allocation described in | ||||||
| 4 | Section 302(c)(1) are: bonuses earned as a result | ||||||
| 5 | of play (i.e., performance bonuses) during the | ||||||
| 6 | season, including bonuses paid for championship, | ||||||
| 7 | playoff or "bowl" games played by a team, or for | ||||||
| 8 | selection to all-star league or other honorary | ||||||
| 9 | positions; and bonuses paid for signing a | ||||||
| 10 | contract, unless the payment of the signing bonus | ||||||
| 11 | is not conditional upon the signee playing any | ||||||
| 12 | games for the team or performing any subsequent | ||||||
| 13 | services for the team or even making the team, the | ||||||
| 14 | signing bonus is payable separately from the | ||||||
| 15 | salary and any other compensation, and the signing | ||||||
| 16 | bonus is nonrefundable.
| ||||||
| 17 | (3) Sales factor.
| ||||||
| 18 | (A) The sales factor is a fraction, the numerator of | ||||||
| 19 | which is the
total sales of the person in this State during | ||||||
| 20 | the taxable year, and the
denominator of which is the total | ||||||
| 21 | sales of the person everywhere during
the taxable year.
| ||||||
| 22 | (B) Sales of tangible personal property are in this | ||||||
| 23 | State if:
| ||||||
| 24 | (i) The property is delivered or shipped to a | ||||||
| 25 | purchaser, other than
the United States government, | ||||||
| 26 | within this State regardless of the f. o.
b. point or | ||||||
| |||||||
| |||||||
| 1 | other conditions of the sale; or
| ||||||
| 2 | (ii) The property is shipped from an office, store, | ||||||
| 3 | warehouse,
factory or other place of storage in this | ||||||
| 4 | State and either the purchaser
is the United States | ||||||
| 5 | government or the person is not taxable in the
state of | ||||||
| 6 | the purchaser; provided, however, that premises owned | ||||||
| 7 | or leased
by a person who has independently contracted | ||||||
| 8 | with the seller for the printing
of newspapers, | ||||||
| 9 | periodicals or books shall not be deemed to be an | ||||||
| 10 | office,
store, warehouse, factory or other place of | ||||||
| 11 | storage for purposes of this
Section.
Sales of tangible | ||||||
| 12 | personal property are not in this State if the
seller | ||||||
| 13 | and purchaser would be members of the same unitary | ||||||
| 14 | business group
but for the fact that either the seller | ||||||
| 15 | or purchaser is a person with 80%
or more of total | ||||||
| 16 | business activity outside of the United States and the
| ||||||
| 17 | property is purchased for resale.
| ||||||
| 18 | (B-1) Patents, copyrights, trademarks, and similar | ||||||
| 19 | items of intangible
personal property.
| ||||||
| 20 | (i) Gross receipts from the licensing, sale, or | ||||||
| 21 | other disposition of a
patent, copyright, trademark, | ||||||
| 22 | or similar item of intangible personal property, other | ||||||
| 23 | than gross receipts governed by paragraph (B-7) of this | ||||||
| 24 | item (3),
are in this State to the extent the item is | ||||||
| 25 | utilized in this State during the
year the gross | ||||||
| 26 | receipts are included in gross income.
| ||||||
| |||||||
| |||||||
| 1 | (ii) Place of utilization.
| ||||||
| 2 | (I) A patent is utilized in a state to the | ||||||
| 3 | extent that it is employed
in production, | ||||||
| 4 | fabrication, manufacturing, or other processing in | ||||||
| 5 | the state or
to the extent that a patented product | ||||||
| 6 | is produced in the state. If a patent is
utilized | ||||||
| 7 | in
more than one state, the extent to which it is | ||||||
| 8 | utilized in any one state shall
be a fraction equal | ||||||
| 9 | to the gross receipts of the licensee or purchaser | ||||||
| 10 | from
sales or leases of items produced, | ||||||
| 11 | fabricated, manufactured, or processed
within that | ||||||
| 12 | state using the patent and of patented items | ||||||
| 13 | produced within that
state, divided by the total of | ||||||
| 14 | such gross receipts for all states in which the
| ||||||
| 15 | patent is utilized.
| ||||||
| 16 | (II) A copyright is utilized in a state to the | ||||||
| 17 | extent that printing or
other publication | ||||||
| 18 | originates in the state. If a copyright is utilized | ||||||
| 19 | in more
than one state, the extent to which it is | ||||||
| 20 | utilized in any one state shall be a
fraction equal | ||||||
| 21 | to the gross receipts from sales or licenses of | ||||||
| 22 | materials
printed or published in that state | ||||||
| 23 | divided by the total of such gross receipts
for all | ||||||
| 24 | states in which the copyright is utilized.
| ||||||
| 25 | (III) Trademarks and other items of intangible | ||||||
| 26 | personal property
governed by this paragraph (B-1) | ||||||
| |||||||
| |||||||
| 1 | are utilized in the state in which the
commercial | ||||||
| 2 | domicile of the licensee or purchaser is located.
| ||||||
| 3 | (iii) If the state of utilization of an item of | ||||||
| 4 | property governed by
this paragraph (B-1) cannot be | ||||||
| 5 | determined from the taxpayer's books and
records or | ||||||
| 6 | from the books and records of any person related to the | ||||||
| 7 | taxpayer
within the meaning of Section 267(b) of the | ||||||
| 8 | Internal Revenue Code, 26 U.S.C.
267, the gross
| ||||||
| 9 | receipts attributable to that item shall be excluded | ||||||
| 10 | from both the numerator
and the denominator of the | ||||||
| 11 | sales factor.
| ||||||
| 12 | (B-2) Gross receipts from the license, sale, or other | ||||||
| 13 | disposition of
patents, copyrights, trademarks, and | ||||||
| 14 | similar items of intangible personal
property, other than | ||||||
| 15 | gross receipts governed by paragraph (B-7) of this item | ||||||
| 16 | (3), may be included in the numerator or denominator of the | ||||||
| 17 | sales factor
only if gross receipts from licenses, sales, | ||||||
| 18 | or other disposition of such items
comprise more than 50% | ||||||
| 19 | of the taxpayer's total gross receipts included in gross
| ||||||
| 20 | income during the tax year and during each of the 2 | ||||||
| 21 | immediately preceding tax
years; provided that, when a | ||||||
| 22 | taxpayer is a member of a unitary business group,
such | ||||||
| 23 | determination shall be made on the basis of the gross | ||||||
| 24 | receipts of the
entire unitary business group.
| ||||||
| 25 | (B-5) For taxable years ending on or after December 31, | ||||||
| 26 | 2008, except as provided in subsections (ii) through (vii), | ||||||
| |||||||
| |||||||
| 1 | receipts from the sale of telecommunications service or | ||||||
| 2 | mobile telecommunications service are in this State if the | ||||||
| 3 | customer's service address is in this State. | ||||||
| 4 | (i) For purposes of this subparagraph (B-5), the | ||||||
| 5 | following terms have the following meanings: | ||||||
| 6 | "Ancillary services" means services that are | ||||||
| 7 | associated with or incidental to the provision of | ||||||
| 8 | "telecommunications services", including but not | ||||||
| 9 | limited to "detailed telecommunications billing", | ||||||
| 10 | "directory assistance", "vertical service", and "voice | ||||||
| 11 | mail services". | ||||||
| 12 | "Air-to-Ground Radiotelephone service" means a | ||||||
| 13 | radio service, as that term is defined in 47 CFR 22.99, | ||||||
| 14 | in which common carriers are authorized to offer and | ||||||
| 15 | provide radio telecommunications service for hire to | ||||||
| 16 | subscribers in aircraft. | ||||||
| 17 | "Call-by-call Basis" means any method of charging | ||||||
| 18 | for telecommunications services where the price is | ||||||
| 19 | measured by individual calls. | ||||||
| 20 | "Communications Channel" means a physical or | ||||||
| 21 | virtual path of communications over which signals are | ||||||
| 22 | transmitted between or among customer channel | ||||||
| 23 | termination points. | ||||||
| 24 | "Conference bridging service" means an "ancillary | ||||||
| 25 | service" that links two or more participants of an | ||||||
| 26 | audio or video conference call and may include the | ||||||
| |||||||
| |||||||
| 1 | provision of a telephone number. "Conference bridging | ||||||
| 2 | service" does not include the "telecommunications | ||||||
| 3 | services" used to reach the conference bridge. | ||||||
| 4 | "Customer Channel Termination Point" means the | ||||||
| 5 | location where the customer either inputs or receives | ||||||
| 6 | the communications. | ||||||
| 7 | "Detailed telecommunications billing service" | ||||||
| 8 | means an "ancillary service" of separately stating | ||||||
| 9 | information pertaining to individual calls on a | ||||||
| 10 | customer's billing statement. | ||||||
| 11 | "Directory assistance" means an "ancillary | ||||||
| 12 | service" of providing telephone number information, | ||||||
| 13 | and/or address information. | ||||||
| 14 | "Home service provider" means the facilities based | ||||||
| 15 | carrier or reseller with which the customer contracts | ||||||
| 16 | for the provision of mobile telecommunications | ||||||
| 17 | services. | ||||||
| 18 | "Mobile telecommunications service" means | ||||||
| 19 | commercial mobile radio service, as defined in Section | ||||||
| 20 | 20.3 of Title 47 of the Code of Federal Regulations as | ||||||
| 21 | in effect on June 1, 1999. | ||||||
| 22 | "Place of primary use" means the street address | ||||||
| 23 | representative of where the customer's use of the | ||||||
| 24 | telecommunications service primarily occurs, which | ||||||
| 25 | must be the residential street address or the primary | ||||||
| 26 | business street address of the customer. In the case of | ||||||
| |||||||
| |||||||
| 1 | mobile telecommunications services, "place of primary | ||||||
| 2 | use" must be within the licensed service area of the | ||||||
| 3 | home service provider. | ||||||
| 4 | "Post-paid telecommunication service" means the | ||||||
| 5 | telecommunications service obtained by making a | ||||||
| 6 | payment on a call-by-call basis either through the use | ||||||
| 7 | of a credit card or payment mechanism such as a bank | ||||||
| 8 | card, travel card, credit card, or debit card, or by | ||||||
| 9 | charge made to a telephone number which is not | ||||||
| 10 | associated with the origination or termination of the | ||||||
| 11 | telecommunications service. A post-paid calling | ||||||
| 12 | service includes telecommunications service, except a | ||||||
| 13 | prepaid wireless calling service, that would be a | ||||||
| 14 | prepaid calling service except it is not exclusively a | ||||||
| 15 | telecommunication service. | ||||||
| 16 | "Prepaid telecommunication service" means the | ||||||
| 17 | right to access exclusively telecommunications | ||||||
| 18 | services, which must be paid for in advance and which | ||||||
| 19 | enables the origination of calls using an access number | ||||||
| 20 | or authorization code, whether manually or | ||||||
| 21 | electronically dialed, and that is sold in | ||||||
| 22 | predetermined units or dollars of which the number | ||||||
| 23 | declines with use in a known amount. | ||||||
| 24 | "Prepaid Mobile telecommunication service" means a | ||||||
| 25 | telecommunications service that provides the right to | ||||||
| 26 | utilize mobile wireless service as well as other | ||||||
| |||||||
| |||||||
| 1 | non-telecommunication services, including but not | ||||||
| 2 | limited to ancillary services, which must be paid for | ||||||
| 3 | in advance that is sold in predetermined units or | ||||||
| 4 | dollars of which the number declines with use in a | ||||||
| 5 | known amount. | ||||||
| 6 | "Private communication service" means a | ||||||
| 7 | telecommunication service that entitles the customer | ||||||
| 8 | to exclusive or priority use of a communications | ||||||
| 9 | channel or group of channels between or among | ||||||
| 10 | termination points, regardless of the manner in which | ||||||
| 11 | such channel or channels are connected, and includes | ||||||
| 12 | switching capacity, extension lines, stations, and any | ||||||
| 13 | other associated services that are provided in | ||||||
| 14 | connection with the use of such channel or channels. | ||||||
| 15 | "Service address" means: | ||||||
| 16 | (a) The location of the telecommunications | ||||||
| 17 | equipment to which a customer's call is charged and | ||||||
| 18 | from which the call originates or terminates, | ||||||
| 19 | regardless of where the call is billed or paid; | ||||||
| 20 | (b) If the location in line (a) is not known, | ||||||
| 21 | service address means the origination point of the | ||||||
| 22 | signal of the telecommunications services first | ||||||
| 23 | identified by either the seller's | ||||||
| 24 | telecommunications system or in information | ||||||
| 25 | received by the seller from its service provider | ||||||
| 26 | where the system used to transport such signals is | ||||||
| |||||||
| |||||||
| 1 | not that of the seller; and | ||||||
| 2 | (c) If the locations in line (a) and line (b) | ||||||
| 3 | are not known, the service address means the | ||||||
| 4 | location of the customer's place of primary use. | ||||||
| 5 | "Telecommunications service" means the electronic | ||||||
| 6 | transmission, conveyance, or routing of voice, data, | ||||||
| 7 | audio, video, or any other information or signals to a | ||||||
| 8 | point, or between or among points. The term | ||||||
| 9 | "telecommunications service" includes such | ||||||
| 10 | transmission, conveyance, or routing in which computer | ||||||
| 11 | processing applications are used to act on the form, | ||||||
| 12 | code or protocol of the content for purposes of | ||||||
| 13 | transmission, conveyance or routing without regard to | ||||||
| 14 | whether such service is referred to as voice over | ||||||
| 15 | Internet protocol services or is classified by the | ||||||
| 16 | Federal Communications Commission as enhanced or value | ||||||
| 17 | added. "Telecommunications service" does not include: | ||||||
| 18 | (a) Data processing and information services | ||||||
| 19 | that allow data to be generated, acquired, stored, | ||||||
| 20 | processed, or retrieved and delivered by an | ||||||
| 21 | electronic transmission to a purchaser when such | ||||||
| 22 | purchaser's primary purpose for the underlying | ||||||
| 23 | transaction is the processed data or information; | ||||||
| 24 | (b) Installation or maintenance of wiring or | ||||||
| 25 | equipment on a customer's premises; | ||||||
| 26 | (c) Tangible personal property; | ||||||
| |||||||
| |||||||
| 1 | (d) Advertising, including but not limited to | ||||||
| 2 | directory advertising. | ||||||
| 3 | (e) Billing and collection services provided | ||||||
| 4 | to third parties; | ||||||
| 5 | (f) Internet access service; | ||||||
| 6 | (g) Radio and television audio and video | ||||||
| 7 | programming services, regardless of the medium, | ||||||
| 8 | including the furnishing of transmission, | ||||||
| 9 | conveyance and routing of such services by the | ||||||
| 10 | programming service provider. Radio and television | ||||||
| 11 | audio and video programming services shall include | ||||||
| 12 | but not be limited to cable service as defined in | ||||||
| 13 | 47 USC 522(6) and audio and video programming | ||||||
| 14 | services delivered by commercial mobile radio | ||||||
| 15 | service providers, as defined in 47 CFR 20.3; | ||||||
| 16 | (h) "Ancillary services"; or | ||||||
| 17 | (i) Digital products "delivered | ||||||
| 18 | electronically", including but not limited to | ||||||
| 19 | software, music, video, reading materials or ring | ||||||
| 20 | tones. | ||||||
| 21 | "Vertical service" means an "ancillary service" | ||||||
| 22 | that is offered in connection with one or more | ||||||
| 23 | "telecommunications services", which offers advanced | ||||||
| 24 | calling features that allow customers to identify | ||||||
| 25 | callers and to manage multiple calls and call | ||||||
| 26 | connections, including "conference bridging services". | ||||||
| |||||||
| |||||||
| 1 | "Voice mail service" means an "ancillary service" | ||||||
| 2 | that enables the customer to store, send or receive | ||||||
| 3 | recorded messages. "Voice mail service" does not | ||||||
| 4 | include any "vertical services" that the customer may | ||||||
| 5 | be required to have in order to utilize the "voice mail | ||||||
| 6 | service". | ||||||
| 7 | (ii) Receipts from the sale of telecommunications | ||||||
| 8 | service sold on an individual call-by-call basis are in | ||||||
| 9 | this State if either of the following applies: | ||||||
| 10 | (a) The call both originates and terminates in | ||||||
| 11 | this State. | ||||||
| 12 | (b) The call either originates or terminates | ||||||
| 13 | in this State and the service address is located in | ||||||
| 14 | this State. | ||||||
| 15 | (iii) Receipts from the sale of postpaid | ||||||
| 16 | telecommunications service at retail are in this State | ||||||
| 17 | if the origination point of the telecommunication | ||||||
| 18 | signal, as first identified by the service provider's | ||||||
| 19 | telecommunication system or as identified by | ||||||
| 20 | information received by the seller from its service | ||||||
| 21 | provider if the system used to transport | ||||||
| 22 | telecommunication signals is not the seller's, is | ||||||
| 23 | located in this State. | ||||||
| 24 | (iv) Receipts from the sale of prepaid | ||||||
| 25 | telecommunications service or prepaid mobile | ||||||
| 26 | telecommunications service at retail are in this State | ||||||
| |||||||
| |||||||
| 1 | if the purchaser obtains the prepaid card or similar | ||||||
| 2 | means of conveyance at a location in this State. | ||||||
| 3 | Receipts from recharging a prepaid telecommunications | ||||||
| 4 | service or mobile telecommunications service is in | ||||||
| 5 | this State if the purchaser's billing information | ||||||
| 6 | indicates a location in this State. | ||||||
| 7 | (v) Receipts from the sale of private | ||||||
| 8 | communication services are in this State as follows: | ||||||
| 9 | (a) 100% of receipts from charges imposed at | ||||||
| 10 | each channel termination point in this State. | ||||||
| 11 | (b) 100% of receipts from charges for the total | ||||||
| 12 | channel mileage between each channel termination | ||||||
| 13 | point in this State. | ||||||
| 14 | (c) 50% of the total receipts from charges for | ||||||
| 15 | service segments when those segments are between 2 | ||||||
| 16 | customer channel termination points, 1 of which is | ||||||
| 17 | located in this State and the other is located | ||||||
| 18 | outside of this State, which segments are | ||||||
| 19 | separately charged. | ||||||
| 20 | (d) The receipts from charges for service | ||||||
| 21 | segments with a channel termination point located | ||||||
| 22 | in this State and in two or more other states, and | ||||||
| 23 | which segments are not separately billed, are in | ||||||
| 24 | this State based on a percentage determined by | ||||||
| 25 | dividing the number of customer channel | ||||||
| 26 | termination points in this State by the total | ||||||
| |||||||
| |||||||
| 1 | number of customer channel termination points. | ||||||
| 2 | (vi) Receipts from charges for ancillary services | ||||||
| 3 | for telecommunications service sold to customers at | ||||||
| 4 | retail are in this State if the customer's primary | ||||||
| 5 | place of use of telecommunications services associated | ||||||
| 6 | with those ancillary services is in this State. If the | ||||||
| 7 | seller of those ancillary services cannot determine | ||||||
| 8 | where the associated telecommunications are located, | ||||||
| 9 | then the ancillary services shall be based on the | ||||||
| 10 | location of the purchaser. | ||||||
| 11 | (vii) Receipts to access a carrier's network or | ||||||
| 12 | from the sale of telecommunication services or | ||||||
| 13 | ancillary services for resale are in this State as | ||||||
| 14 | follows: | ||||||
| 15 | (a) 100% of the receipts from access fees | ||||||
| 16 | attributable to intrastate telecommunications | ||||||
| 17 | service that both originates and terminates in | ||||||
| 18 | this State. | ||||||
| 19 | (b) 50% of the receipts from access fees | ||||||
| 20 | attributable to interstate telecommunications | ||||||
| 21 | service if the interstate call either originates | ||||||
| 22 | or terminates in this State. | ||||||
| 23 | (c) 100% of the receipts from interstate end | ||||||
| 24 | user access line charges, if the customer's | ||||||
| 25 | service address is in this State. As used in this | ||||||
| 26 | subdivision, "interstate end user access line | ||||||
| |||||||
| |||||||
| 1 | charges" includes, but is not limited to, the | ||||||
| 2 | surcharge approved by the federal communications | ||||||
| 3 | commission and levied pursuant to 47 CFR 69. | ||||||
| 4 | (d) Gross receipts from sales of | ||||||
| 5 | telecommunication services or from ancillary | ||||||
| 6 | services for telecommunications services sold to | ||||||
| 7 | other telecommunication service providers for | ||||||
| 8 | resale shall be sourced to this State using the | ||||||
| 9 | apportionment concepts used for non-resale | ||||||
| 10 | receipts of telecommunications services if the | ||||||
| 11 | information is readily available to make that | ||||||
| 12 | determination. If the information is not readily | ||||||
| 13 | available, then the taxpayer may use any other | ||||||
| 14 | reasonable and consistent method. | ||||||
| 15 | (B-7) For taxable years ending on or after December 31, | ||||||
| 16 | 2008, receipts from the sale of broadcasting services are | ||||||
| 17 | in this State if the broadcasting services are received in | ||||||
| 18 | this State. For purposes of this paragraph (B-7), the | ||||||
| 19 | following terms have the following meanings: | ||||||
| 20 | "Advertising revenue" means consideration received | ||||||
| 21 | by the taxpayer in exchange for broadcasting services | ||||||
| 22 | or allowing the broadcasting of commercials or | ||||||
| 23 | announcements in connection with the broadcasting of | ||||||
| 24 | film or radio programming, from sponsorships of the | ||||||
| 25 | programming, or from product placements in the | ||||||
| 26 | programming. | ||||||
| |||||||
| |||||||
| 1 | "Audience factor" means the ratio that the | ||||||
| 2 | audience or subscribers located in this State of a | ||||||
| 3 | station, a network, or a cable system bears to the | ||||||
| 4 | total audience or total subscribers for that station, | ||||||
| 5 | network, or cable system. The audience factor for film | ||||||
| 6 | or radio programming shall be determined by reference | ||||||
| 7 | to the books and records of the taxpayer or by | ||||||
| 8 | reference to published rating statistics provided the | ||||||
| 9 | method used by the taxpayer is consistently used from | ||||||
| 10 | year to year for this purpose and fairly represents the | ||||||
| 11 | taxpayer's activity in this State. | ||||||
| 12 | "Broadcast" or "broadcasting" or "broadcasting | ||||||
| 13 | services" means the transmission or provision of film | ||||||
| 14 | or radio programming, whether through the public | ||||||
| 15 | airwaves, by cable, by direct or indirect satellite | ||||||
| 16 | transmission, or by any other means of communication, | ||||||
| 17 | either through a station, a network, or a cable system. | ||||||
| 18 | "Film" or "film programming" means the broadcast | ||||||
| 19 | on television of any and all performances, events, or | ||||||
| 20 | productions, including but not limited to news, | ||||||
| 21 | sporting events, plays, stories, or other literary, | ||||||
| 22 | commercial, educational, or artistic works, either | ||||||
| 23 | live or through the use of video tape, disc, or any | ||||||
| 24 | other type of format or medium. Each episode of a | ||||||
| 25 | series of films produced for television shall | ||||||
| 26 | constitute separate "film" notwithstanding that the | ||||||
| |||||||
| |||||||
| 1 | series relates to the same principal subject and is | ||||||
| 2 | produced during one or more tax periods. | ||||||
| 3 | "Radio" or "radio programming" means the broadcast | ||||||
| 4 | on radio of any and all performances, events, or | ||||||
| 5 | productions, including but not limited to news, | ||||||
| 6 | sporting events, plays, stories, or other literary, | ||||||
| 7 | commercial, educational, or artistic works, either | ||||||
| 8 | live or through the use of an audio tape, disc, or any | ||||||
| 9 | other format or medium. Each episode in a series of | ||||||
| 10 | radio programming produced for radio broadcast shall | ||||||
| 11 | constitute a separate "radio programming" | ||||||
| 12 | notwithstanding that the series relates to the same | ||||||
| 13 | principal subject and is produced during one or more | ||||||
| 14 | tax periods. | ||||||
| 15 | (i) In the case of advertising revenue from | ||||||
| 16 | broadcasting, the customer is the advertiser and | ||||||
| 17 | the service is received in this State if the | ||||||
| 18 | commercial domicile of the advertiser is in this | ||||||
| 19 | State. | ||||||
| 20 | (ii) In the case where film or radio | ||||||
| 21 | programming is broadcast by a station, a network, | ||||||
| 22 | or a cable system for a fee or other remuneration | ||||||
| 23 | received from the recipient of the broadcast, the | ||||||
| 24 | portion of the service that is received in this | ||||||
| 25 | State is measured by the portion of the recipients | ||||||
| 26 | of the broadcast located in this State. | ||||||
| |||||||
| |||||||
| 1 | Accordingly, the fee or other remuneration for | ||||||
| 2 | such service that is included in the Illinois | ||||||
| 3 | numerator of the sales factor is the total of those | ||||||
| 4 | fees or other remuneration received from | ||||||
| 5 | recipients in Illinois. For purposes of this | ||||||
| 6 | paragraph, a taxpayer may determine the location | ||||||
| 7 | of the recipients of its broadcast using the | ||||||
| 8 | address of the recipient shown in its contracts | ||||||
| 9 | with the recipient or using the billing address of | ||||||
| 10 | the recipient in the taxpayer's records. | ||||||
| 11 | (iii) In the case where film or radio | ||||||
| 12 | programming is broadcast by a station, a network, | ||||||
| 13 | or a cable system for a fee or other remuneration | ||||||
| 14 | from the person providing the programming, the | ||||||
| 15 | portion of the broadcast service that is received | ||||||
| 16 | by such station, network, or cable system in this | ||||||
| 17 | State is measured by the portion of recipients of | ||||||
| 18 | the broadcast located in this State. Accordingly, | ||||||
| 19 | the amount of revenue related to such an | ||||||
| 20 | arrangement that is included in the Illinois | ||||||
| 21 | numerator of the sales factor is the total fee or | ||||||
| 22 | other total remuneration from the person providing | ||||||
| 23 | the programming related to that broadcast | ||||||
| 24 | multiplied by the Illinois audience factor for | ||||||
| 25 | that broadcast. | ||||||
| 26 | (iv) In the case where film or radio | ||||||
| |||||||
| |||||||
| 1 | programming is provided by a taxpayer that is a | ||||||
| 2 | network or station to a customer for broadcast in | ||||||
| 3 | exchange for a fee or other remuneration from that | ||||||
| 4 | customer the broadcasting service is received at | ||||||
| 5 | the location of the office of the customer from | ||||||
| 6 | which the services were ordered in the regular | ||||||
| 7 | course of the customer's trade or business. | ||||||
| 8 | Accordingly, in such a case the revenue derived by | ||||||
| 9 | the taxpayer that is included in the taxpayer's | ||||||
| 10 | Illinois numerator of the sales factor is the | ||||||
| 11 | revenue from such customers who receive the | ||||||
| 12 | broadcasting service in Illinois. | ||||||
| 13 | (v) In the case where film or radio programming | ||||||
| 14 | is provided by a taxpayer that is not a network or | ||||||
| 15 | station to another person for broadcasting in | ||||||
| 16 | exchange for a fee or other remuneration from that | ||||||
| 17 | person, the broadcasting service is received at | ||||||
| 18 | the location of the office of the customer from | ||||||
| 19 | which the services were ordered in the regular | ||||||
| 20 | course of the customer's trade or business. | ||||||
| 21 | Accordingly, in such a case the revenue derived by | ||||||
| 22 | the taxpayer that is included in the taxpayer's | ||||||
| 23 | Illinois numerator of the sales factor is the | ||||||
| 24 | revenue from such customers who receive the | ||||||
| 25 | broadcasting service in Illinois. | ||||||
| 26 | (B-8) Gross receipts from winnings under the Illinois | ||||||
| |||||||
| |||||||
| 1 | Lottery Law from the assignment of a prize under Section | ||||||
| 2 | 13.1 13-1 of the Illinois Lottery Law are received in this | ||||||
| 3 | State. This paragraph (B-8) applies only to taxable years | ||||||
| 4 | ending on or after December 31, 2013.
| ||||||
| 5 | (C) For taxable years ending before December 31, 2008, | ||||||
| 6 | sales, other than sales governed by paragraphs (B), (B-1), | ||||||
| 7 | (B-2), and (B-8) are in
this State if:
| ||||||
| 8 | (i) The income-producing activity is performed in | ||||||
| 9 | this State; or
| ||||||
| 10 | (ii) The income-producing activity is performed | ||||||
| 11 | both within and
without this State and a greater | ||||||
| 12 | proportion of the income-producing
activity is | ||||||
| 13 | performed within this State than without this State, | ||||||
| 14 | based
on performance costs.
| ||||||
| 15 | (C-5) For taxable years ending on or after December 31, | ||||||
| 16 | 2008, sales, other than sales governed by paragraphs (B), | ||||||
| 17 | (B-1), (B-2), (B-5), and (B-7), are in this State if any of | ||||||
| 18 | the following criteria are met: | ||||||
| 19 | (i) Sales from the sale or lease of real property | ||||||
| 20 | are in this State if the property is located in this | ||||||
| 21 | State. | ||||||
| 22 | (ii) Sales from the lease or rental of tangible | ||||||
| 23 | personal property are in this State if the property is | ||||||
| 24 | located in this State during the rental period. Sales | ||||||
| 25 | from the lease or rental of tangible personal property | ||||||
| 26 | that is characteristically moving property, including, | ||||||
| |||||||
| |||||||
| 1 | but not limited to, motor vehicles, rolling stock, | ||||||
| 2 | aircraft, vessels, or mobile equipment are in this | ||||||
| 3 | State to the extent that the property is used in this | ||||||
| 4 | State. | ||||||
| 5 | (iii) In the case of interest, net gains (but not | ||||||
| 6 | less than zero) and other items of income from | ||||||
| 7 | intangible personal property, the sale is in this State | ||||||
| 8 | if: | ||||||
| 9 | (a) in the case of a taxpayer who is a dealer | ||||||
| 10 | in the item of intangible personal property within | ||||||
| 11 | the meaning of Section 475 of the Internal Revenue | ||||||
| 12 | Code, the income or gain is received from a | ||||||
| 13 | customer in this State. For purposes of this | ||||||
| 14 | subparagraph, a customer is in this State if the | ||||||
| 15 | customer is an individual, trust or estate who is a | ||||||
| 16 | resident of this State and, for all other | ||||||
| 17 | customers, if the customer's commercial domicile | ||||||
| 18 | is in this State. Unless the dealer has actual | ||||||
| 19 | knowledge of the residence or commercial domicile | ||||||
| 20 | of a customer during a taxable year, the customer | ||||||
| 21 | shall be deemed to be a customer in this State if | ||||||
| 22 | the billing address of the customer, as shown in | ||||||
| 23 | the records of the dealer, is in this State; or | ||||||
| 24 | (b) in all other cases, if the | ||||||
| 25 | income-producing activity of the taxpayer is | ||||||
| 26 | performed in this State or, if the | ||||||
| |||||||
| |||||||
| 1 | income-producing activity of the taxpayer is | ||||||
| 2 | performed both within and without this State, if a | ||||||
| 3 | greater proportion of the income-producing | ||||||
| 4 | activity of the taxpayer is performed within this | ||||||
| 5 | State than in any other state, based on performance | ||||||
| 6 | costs. | ||||||
| 7 | (iv) Sales of services are in this State if the | ||||||
| 8 | services are received in this State. For the purposes | ||||||
| 9 | of this section, gross receipts from the performance of | ||||||
| 10 | services provided to a corporation, partnership, or | ||||||
| 11 | trust may only be attributed to a state where that | ||||||
| 12 | corporation, partnership, or trust has a fixed place of | ||||||
| 13 | business. If the state where the services are received | ||||||
| 14 | is not readily determinable or is a state where the | ||||||
| 15 | corporation, partnership, or trust receiving the | ||||||
| 16 | service does not have a fixed place of business, the | ||||||
| 17 | services shall be deemed to be received at the location | ||||||
| 18 | of the office of the customer from which the services | ||||||
| 19 | were ordered in the regular course of the customer's | ||||||
| 20 | trade or business. If the ordering office cannot be | ||||||
| 21 | determined, the services shall be deemed to be received | ||||||
| 22 | at the office of the customer to which the services are | ||||||
| 23 | billed. If the taxpayer is not taxable in the state in | ||||||
| 24 | which the services are received, the sale must be | ||||||
| 25 | excluded from both the numerator and the denominator of | ||||||
| 26 | the sales factor. The Department shall adopt rules | ||||||
| |||||||
| |||||||
| 1 | prescribing where specific types of service are | ||||||
| 2 | received, including, but not limited to, publishing, | ||||||
| 3 | and utility service.
| ||||||
| 4 | (D) For taxable years ending on or after December 31, | ||||||
| 5 | 1995, the following
items of income shall not be included | ||||||
| 6 | in the numerator or denominator of the
sales factor: | ||||||
| 7 | dividends; amounts included under Section 78 of the | ||||||
| 8 | Internal
Revenue Code; and Subpart F income as defined in | ||||||
| 9 | Section 952 of the Internal
Revenue Code.
No inference | ||||||
| 10 | shall be drawn from the enactment of this paragraph (D) in
| ||||||
| 11 | construing this Section for taxable years ending before | ||||||
| 12 | December 31, 1995.
| ||||||
| 13 | (E) Paragraphs (B-1) and (B-2) shall apply to tax years | ||||||
| 14 | ending on or
after December 31, 1999, provided that a | ||||||
| 15 | taxpayer may elect to apply the
provisions of these | ||||||
| 16 | paragraphs to prior tax years. Such election shall be made
| ||||||
| 17 | in the form and manner prescribed by the Department, shall | ||||||
| 18 | be irrevocable, and
shall apply to all tax years; provided | ||||||
| 19 | that, if a taxpayer's Illinois income
tax liability for any | ||||||
| 20 | tax year, as assessed under Section 903 prior to January
1, | ||||||
| 21 | 1999, was computed in a manner contrary to the provisions | ||||||
| 22 | of paragraphs
(B-1) or (B-2), no refund shall be payable to | ||||||
| 23 | the taxpayer for that tax year to
the extent such refund is | ||||||
| 24 | the result of applying the provisions of paragraph
(B-1) or | ||||||
| 25 | (B-2) retroactively. In the case of a unitary business | ||||||
| 26 | group, such
election shall apply to all members of such | ||||||
| |||||||
| |||||||
| 1 | group for every tax year such group
is in existence, but | ||||||
| 2 | shall not apply to any taxpayer for any period during
which | ||||||
| 3 | that taxpayer is not a member of such group.
| ||||||
| 4 | (b) Insurance companies.
| ||||||
| 5 | (1) In general. Except as otherwise
provided by | ||||||
| 6 | paragraph (2), business income of an insurance company for | ||||||
| 7 | a
taxable year shall be apportioned to this State by | ||||||
| 8 | multiplying such
income by a fraction, the numerator of | ||||||
| 9 | which is the direct premiums
written for insurance upon | ||||||
| 10 | property or risk in this State, and the
denominator of | ||||||
| 11 | which is the direct premiums written for insurance upon
| ||||||
| 12 | property or risk everywhere. For purposes of this | ||||||
| 13 | subsection, the term
"direct premiums written" means the | ||||||
| 14 | total amount of direct premiums
written, assessments and | ||||||
| 15 | annuity considerations as reported for the
taxable year on | ||||||
| 16 | the annual statement filed by the company with the
Illinois | ||||||
| 17 | Director of Insurance in the form approved by the National
| ||||||
| 18 | Convention of Insurance Commissioners
or such other form as | ||||||
| 19 | may be
prescribed in lieu thereof.
| ||||||
| 20 | (2) Reinsurance. If the principal source of premiums | ||||||
| 21 | written by an
insurance company consists of premiums for | ||||||
| 22 | reinsurance accepted by it,
the business income of such | ||||||
| 23 | company shall be apportioned to this State
by multiplying | ||||||
| 24 | such income by a fraction, the numerator of which is the
| ||||||
| 25 | sum of (i) direct premiums written for insurance upon | ||||||
| 26 | property or risk
in this State, plus (ii) premiums written | ||||||
| |||||||
| |||||||
| 1 | for reinsurance accepted in
respect of property or risk in | ||||||
| 2 | this State, and the denominator of which
is the sum of | ||||||
| 3 | (iii) direct premiums written for insurance upon property
| ||||||
| 4 | or risk everywhere, plus (iv) premiums written for | ||||||
| 5 | reinsurance accepted
in respect of property or risk | ||||||
| 6 | everywhere. For purposes of this
paragraph, premiums | ||||||
| 7 | written for reinsurance accepted in respect of
property or | ||||||
| 8 | risk in this State, whether or not otherwise determinable,
| ||||||
| 9 | may, at the election of the company, be determined on the | ||||||
| 10 | basis of the
proportion which premiums written for | ||||||
| 11 | reinsurance accepted from
companies commercially domiciled | ||||||
| 12 | in Illinois bears to premiums written
for reinsurance | ||||||
| 13 | accepted from all sources, or, alternatively, in the
| ||||||
| 14 | proportion which the sum of the direct premiums written for | ||||||
| 15 | insurance
upon property or risk in this State by each | ||||||
| 16 | ceding company from which
reinsurance is accepted bears to | ||||||
| 17 | the sum of the total direct premiums
written by each such | ||||||
| 18 | ceding company for the taxable year. The election made by a | ||||||
| 19 | company under this paragraph for its first taxable year | ||||||
| 20 | ending on or after December 31, 2011, shall be binding for | ||||||
| 21 | that company for that taxable year and for all subsequent | ||||||
| 22 | taxable years, and may be altered only with the written | ||||||
| 23 | permission of the Department, which shall not be | ||||||
| 24 | unreasonably withheld.
| ||||||
| 25 | (c) Financial organizations.
| ||||||
| 26 | (1) In general. For taxable years ending before | ||||||
| |||||||
| |||||||
| 1 | December 31, 2008, business income of a financial
| ||||||
| 2 | organization shall be apportioned to this State by | ||||||
| 3 | multiplying such
income by a fraction, the numerator of | ||||||
| 4 | which is its business income from
sources within this | ||||||
| 5 | State, and the denominator of which is its business
income | ||||||
| 6 | from all sources. For the purposes of this subsection, the
| ||||||
| 7 | business income of a financial organization from sources | ||||||
| 8 | within this
State is the sum of the amounts referred to in | ||||||
| 9 | subparagraphs (A) through
(E) following, but excluding the | ||||||
| 10 | adjusted income of an international banking
facility as | ||||||
| 11 | determined in paragraph (2):
| ||||||
| 12 | (A) Fees, commissions or other compensation for | ||||||
| 13 | financial services
rendered within this State;
| ||||||
| 14 | (B) Gross profits from trading in stocks, bonds or | ||||||
| 15 | other securities
managed within this State;
| ||||||
| 16 | (C) Dividends, and interest from Illinois | ||||||
| 17 | customers, which are received
within this State;
| ||||||
| 18 | (D) Interest charged to customers at places of | ||||||
| 19 | business maintained
within this State for carrying | ||||||
| 20 | debit balances of margin accounts,
without deduction | ||||||
| 21 | of any costs incurred in carrying such accounts; and
| ||||||
| 22 | (E) Any other gross income resulting from the | ||||||
| 23 | operation as a
financial organization within this | ||||||
| 24 | State. In computing the amounts
referred to in | ||||||
| 25 | paragraphs (A) through (E) of this subsection, any | ||||||
| 26 | amount
received by a member of an affiliated group | ||||||
| |||||||
| |||||||
| 1 | (determined under Section
1504(a) of the Internal | ||||||
| 2 | Revenue Code but without reference to whether
any such | ||||||
| 3 | corporation is an "includible corporation" under | ||||||
| 4 | Section
1504(b) of the Internal Revenue Code) from | ||||||
| 5 | another member of such group
shall be included only to | ||||||
| 6 | the extent such amount exceeds expenses of the
| ||||||
| 7 | recipient directly related thereto.
| ||||||
| 8 | (2) International Banking Facility. For taxable years | ||||||
| 9 | ending before December 31, 2008:
| ||||||
| 10 | (A) Adjusted Income. The adjusted income of an | ||||||
| 11 | international banking
facility is its income reduced | ||||||
| 12 | by the amount of the floor amount.
| ||||||
| 13 | (B) Floor Amount. The floor amount shall be the | ||||||
| 14 | amount, if any,
determined
by multiplying the income of | ||||||
| 15 | the international banking facility by a fraction,
not | ||||||
| 16 | greater than one, which is determined as follows:
| ||||||
| 17 | (i) The numerator shall be:
| ||||||
| 18 | The average aggregate, determined on a | ||||||
| 19 | quarterly basis, of the
financial
organization's | ||||||
| 20 | loans to banks in foreign countries, to foreign | ||||||
| 21 | domiciled
borrowers (except where secured | ||||||
| 22 | primarily by real estate) and to foreign
| ||||||
| 23 | governments and other foreign official | ||||||
| 24 | institutions, as reported for its
branches, | ||||||
| 25 | agencies and offices within the state on its | ||||||
| 26 | "Consolidated Report
of Condition", Schedule A, | ||||||
| |||||||
| |||||||
| 1 | Lines 2.c., 5.b., and 7.a., which was filed with
| ||||||
| 2 | the Federal Deposit Insurance Corporation and | ||||||
| 3 | other regulatory authorities,
for the year 1980, | ||||||
| 4 | minus
| ||||||
| 5 | The average aggregate, determined on a | ||||||
| 6 | quarterly basis, of such loans
(other
than loans of | ||||||
| 7 | an international banking facility), as reported by | ||||||
| 8 | the financial
institution for its branches, | ||||||
| 9 | agencies and offices within the state, on
the | ||||||
| 10 | corresponding Schedule and lines of the | ||||||
| 11 | Consolidated Report of Condition
for the current | ||||||
| 12 | taxable year, provided, however, that in no case | ||||||
| 13 | shall the
amount determined in this clause (the | ||||||
| 14 | subtrahend) exceed the amount determined
in the | ||||||
| 15 | preceding clause (the minuend); and
| ||||||
| 16 | (ii) the denominator shall be the average | ||||||
| 17 | aggregate, determined on a
quarterly basis, of the | ||||||
| 18 | international banking facility's loans to banks in
| ||||||
| 19 | foreign countries, to foreign domiciled borrowers | ||||||
| 20 | (except where secured
primarily by real estate) | ||||||
| 21 | and to foreign governments and other foreign
| ||||||
| 22 | official institutions, which were recorded in its | ||||||
| 23 | financial accounts for
the current taxable year.
| ||||||
| 24 | (C) Change to Consolidated Report of Condition and | ||||||
| 25 | in Qualification.
In the event the Consolidated Report | ||||||
| 26 | of Condition which is filed with the
Federal Deposit | ||||||
| |||||||
| |||||||
| 1 | Insurance Corporation and other regulatory authorities | ||||||
| 2 | is
altered so that the information required for | ||||||
| 3 | determining the floor amount
is not found on Schedule | ||||||
| 4 | A, lines 2.c., 5.b. and 7.a., the financial
institution | ||||||
| 5 | shall notify the Department and the Department may, by
| ||||||
| 6 | regulations or otherwise, prescribe or authorize the | ||||||
| 7 | use of an alternative
source for such information. The | ||||||
| 8 | financial institution shall also notify
the Department | ||||||
| 9 | should its international banking facility fail to | ||||||
| 10 | qualify as
such, in whole or in part, or should there | ||||||
| 11 | be any amendment or change to
the Consolidated Report | ||||||
| 12 | of Condition, as originally filed, to the extent
such | ||||||
| 13 | amendment or change alters the information used in | ||||||
| 14 | determining the floor
amount.
| ||||||
| 15 | (3) For taxable years ending on or after December 31, | ||||||
| 16 | 2008, the business income of a financial organization shall | ||||||
| 17 | be apportioned to this State by multiplying such income by | ||||||
| 18 | a fraction, the numerator of which is its gross receipts | ||||||
| 19 | from sources in this State or otherwise attributable to | ||||||
| 20 | this State's marketplace and the denominator of which is | ||||||
| 21 | its gross receipts everywhere during the taxable year. | ||||||
| 22 | "Gross receipts" for purposes of this subparagraph (3) | ||||||
| 23 | means gross income, including net taxable gain on | ||||||
| 24 | disposition of assets, including securities and money | ||||||
| 25 | market instruments, when derived from transactions and | ||||||
| 26 | activities in the regular course of the financial | ||||||
| |||||||
| |||||||
| 1 | organization's trade or business. The following examples | ||||||
| 2 | are illustrative:
| ||||||
| 3 | (i) Receipts from the lease or rental of real or | ||||||
| 4 | tangible personal property are in this State if the | ||||||
| 5 | property is located in this State during the rental | ||||||
| 6 | period. Receipts from the lease or rental of tangible | ||||||
| 7 | personal property that is characteristically moving | ||||||
| 8 | property, including, but not limited to, motor | ||||||
| 9 | vehicles, rolling stock, aircraft, vessels, or mobile | ||||||
| 10 | equipment are from sources in this State to the extent | ||||||
| 11 | that the property is used in this State. | ||||||
| 12 | (ii) Interest income, commissions, fees, gains on | ||||||
| 13 | disposition, and other receipts from assets in the | ||||||
| 14 | nature of loans that are secured primarily by real | ||||||
| 15 | estate or tangible personal property are from sources | ||||||
| 16 | in this State if the security is located in this State. | ||||||
| 17 | (iii) Interest income, commissions, fees, gains on | ||||||
| 18 | disposition, and other receipts from consumer loans | ||||||
| 19 | that are not secured by real or tangible personal | ||||||
| 20 | property are from sources in this State if the debtor | ||||||
| 21 | is a resident of this State. | ||||||
| 22 | (iv) Interest income, commissions, fees, gains on | ||||||
| 23 | disposition, and other receipts from commercial loans | ||||||
| 24 | and installment obligations that are not secured by | ||||||
| 25 | real or tangible personal property are from sources in | ||||||
| 26 | this State if the proceeds of the loan are to be | ||||||
| |||||||
| |||||||
| 1 | applied in this State. If it cannot be determined where | ||||||
| 2 | the funds are to be applied, the income and receipts | ||||||
| 3 | are from sources in this State if the office of the | ||||||
| 4 | borrower from which the loan was negotiated in the | ||||||
| 5 | regular course of business is located in this State. If | ||||||
| 6 | the location of this office cannot be determined, the | ||||||
| 7 | income and receipts shall be excluded from the | ||||||
| 8 | numerator and denominator of the sales factor.
| ||||||
| 9 | (v) Interest income, fees, gains on disposition, | ||||||
| 10 | service charges, merchant discount income, and other | ||||||
| 11 | receipts from credit card receivables are from sources | ||||||
| 12 | in this State if the card charges are regularly billed | ||||||
| 13 | to a customer in this State. | ||||||
| 14 | (vi) Receipts from the performance of services, | ||||||
| 15 | including, but not limited to, fiduciary, advisory, | ||||||
| 16 | and brokerage services, are in this State if the | ||||||
| 17 | services are received in this State within the meaning | ||||||
| 18 | of subparagraph (a)(3)(C-5)(iv) of this Section. | ||||||
| 19 | (vii) Receipts from the issuance of travelers | ||||||
| 20 | checks and money orders are from sources in this State | ||||||
| 21 | if the checks and money orders are issued from a | ||||||
| 22 | location within this State. | ||||||
| 23 | (viii) Receipts from investment assets and | ||||||
| 24 | activities and trading assets and activities are | ||||||
| 25 | included in the receipts factor as follows: | ||||||
| 26 | (1) Interest, dividends, net gains (but not | ||||||
| |||||||
| |||||||
| 1 | less than zero) and other income from investment | ||||||
| 2 | assets and activities from trading assets and | ||||||
| 3 | activities shall be included in the receipts | ||||||
| 4 | factor. Investment assets and activities and | ||||||
| 5 | trading assets and activities include but are not | ||||||
| 6 | limited to: investment securities; trading account | ||||||
| 7 | assets; federal funds; securities purchased and | ||||||
| 8 | sold under agreements to resell or repurchase; | ||||||
| 9 | options; futures contracts; forward contracts; | ||||||
| 10 | notional principal contracts such as swaps; | ||||||
| 11 | equities; and foreign currency transactions. With | ||||||
| 12 | respect to the investment and trading assets and | ||||||
| 13 | activities described in subparagraphs (A) and (B) | ||||||
| 14 | of this paragraph, the receipts factor shall | ||||||
| 15 | include the amounts described in such | ||||||
| 16 | subparagraphs. | ||||||
| 17 | (A) The receipts factor shall include the | ||||||
| 18 | amount by which interest from federal funds | ||||||
| 19 | sold and securities purchased under resale | ||||||
| 20 | agreements exceeds interest expense on federal | ||||||
| 21 | funds purchased and securities sold under | ||||||
| 22 | repurchase agreements. | ||||||
| 23 | (B) The receipts factor shall include the | ||||||
| 24 | amount by which interest, dividends, gains and | ||||||
| 25 | other income from trading assets and | ||||||
| 26 | activities, including but not limited to | ||||||
| |||||||
| |||||||
| 1 | assets and activities in the matched book, in | ||||||
| 2 | the arbitrage book, and foreign currency | ||||||
| 3 | transactions, exceed amounts paid in lieu of | ||||||
| 4 | interest, amounts paid in lieu of dividends, | ||||||
| 5 | and losses from such assets and activities. | ||||||
| 6 | (2) The numerator of the receipts factor | ||||||
| 7 | includes interest, dividends, net gains (but not | ||||||
| 8 | less than zero), and other income from investment | ||||||
| 9 | assets and activities and from trading assets and | ||||||
| 10 | activities described in paragraph (1) of this | ||||||
| 11 | subsection that are attributable to this State. | ||||||
| 12 | (A) The amount of interest, dividends, net | ||||||
| 13 | gains (but not less than zero), and other | ||||||
| 14 | income from investment assets and activities | ||||||
| 15 | in the investment account to be attributed to | ||||||
| 16 | this State and included in the numerator is | ||||||
| 17 | determined by multiplying all such income from | ||||||
| 18 | such assets and activities by a fraction, the | ||||||
| 19 | numerator of which is the gross income from | ||||||
| 20 | such assets and activities which are properly | ||||||
| 21 | assigned to a fixed place of business of the | ||||||
| 22 | taxpayer within this State and the denominator | ||||||
| 23 | of which is the gross income from all such | ||||||
| 24 | assets and activities. | ||||||
| 25 | (B) The amount of interest from federal | ||||||
| 26 | funds sold and purchased and from securities | ||||||
| |||||||
| |||||||
| 1 | purchased under resale agreements and | ||||||
| 2 | securities sold under repurchase agreements | ||||||
| 3 | attributable to this State and included in the | ||||||
| 4 | numerator is determined by multiplying the | ||||||
| 5 | amount described in subparagraph (A) of | ||||||
| 6 | paragraph (1) of this subsection from such | ||||||
| 7 | funds and such securities by a fraction, the | ||||||
| 8 | numerator of which is the gross income from | ||||||
| 9 | such funds and such securities which are | ||||||
| 10 | properly assigned to a fixed place of business | ||||||
| 11 | of the taxpayer within this State and the | ||||||
| 12 | denominator of which is the gross income from | ||||||
| 13 | all such funds and such securities. | ||||||
| 14 | (C) The amount of interest, dividends, | ||||||
| 15 | gains, and other income from trading assets and | ||||||
| 16 | activities, including but not limited to | ||||||
| 17 | assets and activities in the matched book, in | ||||||
| 18 | the arbitrage book and foreign currency | ||||||
| 19 | transactions (but excluding amounts described | ||||||
| 20 | in subparagraphs (A) or (B) of this paragraph), | ||||||
| 21 | attributable to this State and included in the | ||||||
| 22 | numerator is determined by multiplying the | ||||||
| 23 | amount described in subparagraph (B) of | ||||||
| 24 | paragraph (1) of this subsection by a fraction, | ||||||
| 25 | the numerator of which is the gross income from | ||||||
| 26 | such trading assets and activities which are | ||||||
| |||||||
| |||||||
| 1 | properly assigned to a fixed place of business | ||||||
| 2 | of the taxpayer within this State and the | ||||||
| 3 | denominator of which is the gross income from | ||||||
| 4 | all such assets and activities. | ||||||
| 5 | (D) Properly assigned, for purposes of | ||||||
| 6 | this paragraph (2) of this subsection, means | ||||||
| 7 | the investment or trading asset or activity is | ||||||
| 8 | assigned to the fixed place of business with | ||||||
| 9 | which it has a preponderance of substantive | ||||||
| 10 | contacts. An investment or trading asset or | ||||||
| 11 | activity assigned by the taxpayer to a fixed | ||||||
| 12 | place of business without the State shall be | ||||||
| 13 | presumed to have been properly assigned if: | ||||||
| 14 | (i) the taxpayer has assigned, in the | ||||||
| 15 | regular course of its business, such asset | ||||||
| 16 | or activity on its records to a fixed place | ||||||
| 17 | of business consistent with federal or | ||||||
| 18 | state regulatory requirements; | ||||||
| 19 | (ii) such assignment on its records is | ||||||
| 20 | based upon substantive contacts of the | ||||||
| 21 | asset or activity to such fixed place of | ||||||
| 22 | business; and | ||||||
| 23 | (iii) the taxpayer uses such records | ||||||
| 24 | reflecting assignment of such assets or | ||||||
| 25 | activities for the filing of all state and | ||||||
| 26 | local tax returns for which an assignment | ||||||
| |||||||
| |||||||
| 1 | of such assets or activities to a fixed | ||||||
| 2 | place of business is required. | ||||||
| 3 | (E) The presumption of proper assignment | ||||||
| 4 | of an investment or trading asset or activity | ||||||
| 5 | provided in subparagraph (D) of paragraph (2) | ||||||
| 6 | of this subsection may be rebutted upon a | ||||||
| 7 | showing by the Department, supported by a | ||||||
| 8 | preponderance of the evidence, that the | ||||||
| 9 | preponderance of substantive contacts | ||||||
| 10 | regarding such asset or activity did not occur | ||||||
| 11 | at the fixed place of business to which it was | ||||||
| 12 | assigned on the taxpayer's records. If the | ||||||
| 13 | fixed place of business that has a | ||||||
| 14 | preponderance of substantive contacts cannot | ||||||
| 15 | be determined for an investment or trading | ||||||
| 16 | asset or activity to which the presumption in | ||||||
| 17 | subparagraph (D) of paragraph (2) of this | ||||||
| 18 | subsection does not apply or with respect to | ||||||
| 19 | which that presumption has been rebutted, that | ||||||
| 20 | asset or activity is properly assigned to the | ||||||
| 21 | state in which the taxpayer's commercial | ||||||
| 22 | domicile is located. For purposes of this | ||||||
| 23 | subparagraph (E), it shall be presumed, | ||||||
| 24 | subject to rebuttal, that taxpayer's | ||||||
| 25 | commercial domicile is in the state of the | ||||||
| 26 | United States or the District of Columbia to | ||||||
| |||||||
| |||||||
| 1 | which the greatest number of employees are | ||||||
| 2 | regularly connected with the management of the | ||||||
| 3 | investment or trading income or out of which | ||||||
| 4 | they are working, irrespective of where the | ||||||
| 5 | services of such employees are performed, as of | ||||||
| 6 | the last day of the taxable year.
| ||||||
| 7 | (4) (Blank). | ||||||
| 8 | (5) (Blank). | ||||||
| 9 | (c-1) Federally regulated exchanges. For taxable years | ||||||
| 10 | ending on or after December 31, 2012, business income of a | ||||||
| 11 | federally regulated exchange shall, at the option of the | ||||||
| 12 | federally regulated exchange, be apportioned to this State by | ||||||
| 13 | multiplying such income by a fraction, the numerator of which | ||||||
| 14 | is its business income from sources within this State, and the | ||||||
| 15 | denominator of which is its business income from all sources. | ||||||
| 16 | For purposes of this subsection, the business income within | ||||||
| 17 | this State of a federally regulated exchange is the sum of the | ||||||
| 18 | following: | ||||||
| 19 | (1) Receipts attributable to transactions executed on | ||||||
| 20 | a physical trading floor if that physical trading floor is | ||||||
| 21 | located in this State. | ||||||
| 22 | (2) Receipts attributable to all other matching, | ||||||
| 23 | execution, or clearing transactions, including without | ||||||
| 24 | limitation receipts from the provision of matching, | ||||||
| 25 | execution, or clearing services to another entity, | ||||||
| 26 | multiplied by (i) for taxable years ending on or after | ||||||
| |||||||
| |||||||
| 1 | December 31, 2012 but before December 31, 2013, 63.77%; and | ||||||
| 2 | (ii) for taxable years ending on or after December 31, | ||||||
| 3 | 2013, 27.54%. | ||||||
| 4 | (3) All other receipts not governed by subparagraphs | ||||||
| 5 | (1) or (2) of this subsection (c-1), to the extent the | ||||||
| 6 | receipts would be characterized as "sales in this State" | ||||||
| 7 | under item (3) of subsection (a) of this Section. | ||||||
| 8 | "Federally regulated exchange" means (i) a "registered | ||||||
| 9 | entity" within the meaning of 7 U.S.C. Section 1a(40)(A), (B), | ||||||
| 10 | or (C), (ii) an "exchange" or "clearing agency" within the | ||||||
| 11 | meaning of 15 U.S.C. Section 78c (a)(1) or (23), (iii) any such | ||||||
| 12 | entities regulated under any successor regulatory structure to | ||||||
| 13 | the foregoing, and (iv) all taxpayers who are members of the | ||||||
| 14 | same unitary business group as a federally regulated exchange, | ||||||
| 15 | determined without regard to the prohibition in Section | ||||||
| 16 | 1501(a)(27) of this Act against including in a unitary business | ||||||
| 17 | group taxpayers who are ordinarily required to apportion | ||||||
| 18 | business income under different subsections of this Section; | ||||||
| 19 | provided that this subparagraph (iv) shall apply only if 50% or | ||||||
| 20 | more of the business receipts of the unitary business group | ||||||
| 21 | determined by application of this subparagraph (iv) for the | ||||||
| 22 | taxable year are attributable to the matching, execution, or | ||||||
| 23 | clearing of transactions conducted by an entity described in | ||||||
| 24 | subparagraph (i), (ii), or (iii) of this paragraph. | ||||||
| 25 | In no event shall the Illinois apportionment percentage | ||||||
| 26 | computed in accordance with this subsection (c-1) for any | ||||||
| |||||||
| |||||||
| 1 | taxpayer for any tax year be less than the Illinois | ||||||
| 2 | apportionment percentage computed under this subsection (c-1) | ||||||
| 3 | for that taxpayer for the first full tax year ending on or | ||||||
| 4 | after December 31, 2013 for which this subsection (c-1) applied | ||||||
| 5 | to the taxpayer. | ||||||
| 6 | (d) Transportation services. For taxable years ending | ||||||
| 7 | before December 31, 2008, business income derived from | ||||||
| 8 | furnishing
transportation services shall be apportioned to | ||||||
| 9 | this State in accordance
with paragraphs (1) and (2):
| ||||||
| 10 | (1) Such business income (other than that derived from
| ||||||
| 11 | transportation by pipeline) shall be apportioned to this | ||||||
| 12 | State by
multiplying such income by a fraction, the | ||||||
| 13 | numerator of which is the
revenue miles of the person in | ||||||
| 14 | this State, and the denominator of which
is the revenue | ||||||
| 15 | miles of the person everywhere. For purposes of this
| ||||||
| 16 | paragraph, a revenue mile is the transportation of 1 | ||||||
| 17 | passenger or 1 net
ton of freight the distance of 1 mile | ||||||
| 18 | for a consideration. Where a
person is engaged in the | ||||||
| 19 | transportation of both passengers and freight,
the | ||||||
| 20 | fraction above referred to shall be determined by means of | ||||||
| 21 | an
average of the passenger revenue mile fraction and the | ||||||
| 22 | freight revenue
mile fraction, weighted to reflect the | ||||||
| 23 | person's
| ||||||
| 24 | (A) relative railway operating income from total | ||||||
| 25 | passenger and total
freight service, as reported to the | ||||||
| 26 | Interstate Commerce Commission, in
the case of | ||||||
| |||||||
| |||||||
| 1 | transportation by railroad, and
| ||||||
| 2 | (B) relative gross receipts from passenger and | ||||||
| 3 | freight
transportation, in case of transportation | ||||||
| 4 | other than by railroad.
| ||||||
| 5 | (2) Such business income derived from transportation | ||||||
| 6 | by pipeline
shall be apportioned to this State by | ||||||
| 7 | multiplying such income by a
fraction, the numerator of | ||||||
| 8 | which is the revenue miles of the person in
this State, and | ||||||
| 9 | the denominator of which is the revenue miles of the
person | ||||||
| 10 | everywhere. For the purposes of this paragraph, a revenue | ||||||
| 11 | mile is
the transportation by pipeline of 1 barrel of oil, | ||||||
| 12 | 1,000 cubic feet of
gas, or of any specified quantity of | ||||||
| 13 | any other substance, the distance
of 1 mile for a | ||||||
| 14 | consideration.
| ||||||
| 15 | (3) For taxable years ending on or after December 31, | ||||||
| 16 | 2008, business income derived from providing | ||||||
| 17 | transportation services other than airline services shall | ||||||
| 18 | be apportioned to this State by using a fraction, (a) the | ||||||
| 19 | numerator of which shall be (i) all receipts from any | ||||||
| 20 | movement or shipment of people, goods, mail, oil, gas, or | ||||||
| 21 | any other substance (other than by airline) that both | ||||||
| 22 | originates and terminates in this State, plus (ii) that | ||||||
| 23 | portion of the person's gross receipts from movements or | ||||||
| 24 | shipments of people, goods, mail, oil, gas, or any other | ||||||
| 25 | substance (other than by airline) that originates in one | ||||||
| 26 | state or jurisdiction and terminates in another state or | ||||||
| |||||||
| |||||||
| 1 | jurisdiction, that is determined by the ratio that the | ||||||
| 2 | miles traveled in this State bears to total miles | ||||||
| 3 | everywhere and (b) the denominator of which shall be all | ||||||
| 4 | revenue derived from the movement or shipment of people, | ||||||
| 5 | goods, mail, oil, gas, or any other substance (other than | ||||||
| 6 | by airline). Where a taxpayer is engaged in the | ||||||
| 7 | transportation of both passengers and freight, the | ||||||
| 8 | fraction above referred to shall first be determined | ||||||
| 9 | separately for passenger miles and freight miles. Then an | ||||||
| 10 | average of the passenger miles fraction and the freight | ||||||
| 11 | miles fraction shall be weighted to reflect the taxpayer's: | ||||||
| 12 | (A) relative railway operating income from total | ||||||
| 13 | passenger and total freight service, as reported to the | ||||||
| 14 | Surface Transportation Board, in the case of | ||||||
| 15 | transportation by railroad; and
| ||||||
| 16 | (B) relative gross receipts from passenger and | ||||||
| 17 | freight transportation, in case of transportation | ||||||
| 18 | other than by railroad.
| ||||||
| 19 | (4) For taxable years ending on or after December 31, | ||||||
| 20 | 2008, business income derived from furnishing airline
| ||||||
| 21 | transportation services shall be apportioned to this State | ||||||
| 22 | by
multiplying such income by a fraction, the numerator of | ||||||
| 23 | which is the
revenue miles of the person in this State, and | ||||||
| 24 | the denominator of which
is the revenue miles of the person | ||||||
| 25 | everywhere. For purposes of this
paragraph, a revenue mile | ||||||
| 26 | is the transportation of one passenger or one net
ton of | ||||||
| |||||||
| |||||||
| 1 | freight the distance of one mile for a consideration. If a
| ||||||
| 2 | person is engaged in the transportation of both passengers | ||||||
| 3 | and freight,
the fraction above referred to shall be | ||||||
| 4 | determined by means of an
average of the passenger revenue | ||||||
| 5 | mile fraction and the freight revenue
mile fraction, | ||||||
| 6 | weighted to reflect the person's relative gross receipts | ||||||
| 7 | from passenger and freight
airline transportation.
| ||||||
| 8 | (e) Combined apportionment. Where 2 or more persons are | ||||||
| 9 | engaged in
a unitary business as described in subsection | ||||||
| 10 | (a)(27) of
Section 1501,
a part of which is conducted in this | ||||||
| 11 | State by one or more members of the
group, the business income | ||||||
| 12 | attributable to this State by any such member
or members shall | ||||||
| 13 | be apportioned by means of the combined apportionment method.
| ||||||
| 14 | (f) Alternative allocation. If the allocation and | ||||||
| 15 | apportionment
provisions of subsections (a) through (e) and of | ||||||
| 16 | subsection (h) do not, for taxable years ending before December | ||||||
| 17 | 31, 2008, fairly represent the
extent of a person's business | ||||||
| 18 | activity in this State, or, for taxable years ending on or | ||||||
| 19 | after December 31, 2008, fairly represent the market for the | ||||||
| 20 | person's goods, services, or other sources of business income, | ||||||
| 21 | the person may
petition for, or the Director may, without a | ||||||
| 22 | petition, permit or require, in respect of all or any part
of | ||||||
| 23 | the person's business activity, if reasonable:
| ||||||
| 24 | (1) Separate accounting;
| ||||||
| 25 | (2) The exclusion of any one or more factors;
| ||||||
| 26 | (3) The inclusion of one or more additional factors | ||||||
| |||||||
| |||||||
| 1 | which will
fairly represent the person's business | ||||||
| 2 | activities or market in this State; or
| ||||||
| 3 | (4) The employment of any other method to effectuate an | ||||||
| 4 | equitable
allocation and apportionment of the person's | ||||||
| 5 | business income.
| ||||||
| 6 | (g) Cross reference. For allocation of business income by | ||||||
| 7 | residents,
see Section 301(a).
| ||||||
| 8 | (h) For tax years ending on or after December 31, 1998, the | ||||||
| 9 | apportionment
factor of persons who apportion their business | ||||||
| 10 | income to this State under
subsection (a) shall be equal to:
| ||||||
| 11 | (1) for tax years ending on or after December 31, 1998 | ||||||
| 12 | and before December
31, 1999, 16 2/3% of the property | ||||||
| 13 | factor plus 16 2/3% of the payroll factor
plus
66 2/3% of | ||||||
| 14 | the sales factor;
| ||||||
| 15 | (2) for tax years ending on or after December 31, 1999 | ||||||
| 16 | and before December
31,
2000, 8 1/3% of the property factor | ||||||
| 17 | plus 8 1/3% of the payroll factor plus 83
1/3%
of the sales | ||||||
| 18 | factor;
| ||||||
| 19 | (3) for tax years ending on or after December 31, 2000, | ||||||
| 20 | the sales factor.
| ||||||
| 21 | If, in any tax year ending on or after December 31, 1998 and | ||||||
| 22 | before December
31, 2000, the denominator of the payroll, | ||||||
| 23 | property, or sales factor is zero,
the apportionment
factor | ||||||
| 24 | computed in paragraph (1) or (2) of this subsection for that | ||||||
| 25 | year shall
be divided by an amount equal to 100% minus the | ||||||
| 26 | percentage weight given to each
factor whose denominator is | ||||||
| |||||||
| |||||||
| 1 | equal to zero.
| ||||||
| 2 | (Source: P.A. 97-507, eff. 8-23-11; 97-636, eff. 6-1-12; | ||||||
| 3 | 98-478, eff. 1-1-14; 98-496, eff. 1-1-14; 98-756, eff. 7-16-14; | ||||||
| 4 | revised 10-19-15.)
| ||||||
| 5 | (35 ILCS 5/507DDD) | ||||||
| 6 | Sec. 507DDD. Special Olympics Illinois and Special | ||||||
| 7 | Children's Checkoff. For taxable years beginning on or after | ||||||
| 8 | January 1, 2015, the Department shall print on its standard | ||||||
| 9 | individual income tax form a provision indicating that if the | ||||||
| 10 | taxpayer wishes to contribute to the Special Olympics Illinois | ||||||
| 11 | and Special Children's Charities Checkoff Fund as authorized by | ||||||
| 12 | Public Act 99-423 this amendatory Act of the 99th General | ||||||
| 13 | Assembly, he or she may do so by stating the amount of the | ||||||
| 14 | contribution (not less than $1) on the return and that the | ||||||
| 15 | contribution will reduce the taxpayer's refund or increase the | ||||||
| 16 | amount of payment to accompany the return. Failure to remit any | ||||||
| 17 | amount of increased payment shall reduce the contribution | ||||||
| 18 | accordingly. This Section shall not apply to an amended return. | ||||||
| 19 | For the purpose of this Section, the Department of Revenue must | ||||||
| 20 | distribute the moneys as provided in subsection 21.9(b) of the | ||||||
| 21 | Illinois Lottery Law: (i) 75% of the moneys to Special Olympics | ||||||
| 22 | Illinois to support the statewide training, competitions, and | ||||||
| 23 | programs for future Special Olympics athletes; and (ii) 25% of | ||||||
| 24 | the moneys to Special Children's Charities to support the City | ||||||
| 25 | of Chicago-wide training, competitions, and programs for | ||||||
| |||||||
| |||||||
| 1 | future Special Olympics athletes.
| ||||||
| 2 | (Source: P.A. 99-423, eff. 8-20-15; revised 10-20-15.)
| ||||||
| 3 | Section 160. The Service Use Tax Act is amended by changing | ||||||
| 4 | Section 3-10 as follows:
| ||||||
| 5 | (35 ILCS 110/3-10) (from Ch. 120, par. 439.33-10)
| ||||||
| 6 | Sec. 3-10. Rate of tax. Unless otherwise provided in this | ||||||
| 7 | Section,
the tax imposed by this Act is at the rate of 6.25% of | ||||||
| 8 | the selling
price of tangible personal property transferred as | ||||||
| 9 | an incident to the sale
of service, but, for the purpose of | ||||||
| 10 | computing this tax, in no event shall
the selling price be less | ||||||
| 11 | than the cost price of the property to the
serviceman.
| ||||||
| 12 | Beginning on July 1, 2000 and through December 31, 2000, | ||||||
| 13 | with respect to
motor fuel, as defined in Section 1.1 of the | ||||||
| 14 | Motor Fuel Tax
Law, and gasohol, as defined in Section 3-40 of | ||||||
| 15 | the Use Tax Act, the tax is
imposed at
the rate of 1.25%.
| ||||||
| 16 | With respect to gasohol, as defined in the Use Tax Act, the | ||||||
| 17 | tax imposed
by this Act applies to (i) 70% of the selling price | ||||||
| 18 | of property transferred
as an incident to the sale of service | ||||||
| 19 | on or after January 1, 1990,
and before July 1, 2003, (ii) 80% | ||||||
| 20 | of the selling price of
property transferred as an incident to | ||||||
| 21 | the sale of service on or after July
1, 2003 and on or before | ||||||
| 22 | December 31, 2018, and (iii)
100% of the selling price | ||||||
| 23 | thereafter.
If, at any time, however, the tax under this Act on | ||||||
| 24 | sales of gasohol, as
defined in
the Use Tax Act, is imposed at | ||||||
| |||||||
| |||||||
| 1 | the rate of 1.25%, then the
tax imposed by this Act applies to | ||||||
| 2 | 100% of the proceeds of sales of gasohol
made during that time.
| ||||||
| 3 | With respect to majority blended ethanol fuel, as defined | ||||||
| 4 | in the Use Tax Act,
the
tax
imposed by this Act does not apply | ||||||
| 5 | to the selling price of property transferred
as an incident to | ||||||
| 6 | the sale of service on or after July 1, 2003 and on or before
| ||||||
| 7 | December 31, 2018 but applies to 100% of the selling price | ||||||
| 8 | thereafter.
| ||||||
| 9 | With respect to biodiesel blends, as defined in the Use Tax | ||||||
| 10 | Act, with no less
than 1% and no
more than 10% biodiesel, the | ||||||
| 11 | tax imposed by this Act
applies to (i) 80% of the selling price | ||||||
| 12 | of property transferred as an incident
to the sale of service | ||||||
| 13 | on or after July 1, 2003 and on or before December 31, 2018
and | ||||||
| 14 | (ii) 100% of the proceeds of the selling price
thereafter.
If, | ||||||
| 15 | at any time, however, the tax under this Act on sales of | ||||||
| 16 | biodiesel blends,
as
defined in the Use Tax Act, with no less | ||||||
| 17 | than 1% and no more than 10% biodiesel
is imposed at the rate | ||||||
| 18 | of 1.25%, then the
tax imposed by this Act applies to 100% of | ||||||
| 19 | the proceeds of sales of biodiesel
blends with no less than 1% | ||||||
| 20 | and no more than 10% biodiesel
made
during that time.
| ||||||
| 21 | With respect to 100% biodiesel, as defined in the Use Tax | ||||||
| 22 | Act, and biodiesel
blends, as defined in the Use Tax Act, with
| ||||||
| 23 | more than 10% but no more than 99% biodiesel, the tax imposed | ||||||
| 24 | by this Act
does not apply to the proceeds of the selling price | ||||||
| 25 | of property transferred
as an incident to the sale of service | ||||||
| 26 | on or after July 1, 2003 and on or before
December 31, 2018 but | ||||||
| |||||||
| |||||||
| 1 | applies to 100% of the selling price thereafter.
| ||||||
| 2 | At the election of any registered serviceman made for each | ||||||
| 3 | fiscal year,
sales of service in which the aggregate annual | ||||||
| 4 | cost price of tangible
personal property transferred as an | ||||||
| 5 | incident to the sales of service is
less than 35%, or 75% in | ||||||
| 6 | the case of servicemen transferring prescription
drugs or | ||||||
| 7 | servicemen engaged in graphic arts production, of the aggregate
| ||||||
| 8 | annual total gross receipts from all sales of service, the tax | ||||||
| 9 | imposed by
this Act shall be based on the serviceman's cost | ||||||
| 10 | price of the tangible
personal property transferred as an | ||||||
| 11 | incident to the sale of those services.
| ||||||
| 12 | The tax shall be imposed at the rate of 1% on food prepared | ||||||
| 13 | for
immediate consumption and transferred incident to a sale of | ||||||
| 14 | service subject
to this Act or the Service Occupation Tax Act | ||||||
| 15 | by an entity licensed under
the Hospital Licensing Act, the | ||||||
| 16 | Nursing Home Care Act, the ID/DD Community Care Act, the MC/DD | ||||||
| 17 | Act, the Specialized Mental Health Rehabilitation Act of 2013, | ||||||
| 18 | or the
Child Care
Act of 1969. The tax shall
also be imposed at | ||||||
| 19 | the rate of 1% on food for human consumption that is to be
| ||||||
| 20 | consumed off the premises where it is sold (other than | ||||||
| 21 | alcoholic beverages,
soft drinks, and food that has been | ||||||
| 22 | prepared for immediate consumption and is
not otherwise | ||||||
| 23 | included in this paragraph) and prescription and | ||||||
| 24 | nonprescription
medicines, drugs, medical appliances, | ||||||
| 25 | modifications to a motor vehicle for the
purpose of rendering | ||||||
| 26 | it usable by a person with a disability, and insulin, urine | ||||||
| |||||||
| |||||||
| 1 | testing
materials,
syringes, and needles used by diabetics, for
| ||||||
| 2 | human use. For the purposes of this Section, until September 1, | ||||||
| 3 | 2009: the term "soft drinks" means any
complete, finished, | ||||||
| 4 | ready-to-use, non-alcoholic drink, whether carbonated or
not, | ||||||
| 5 | including but not limited to soda water, cola, fruit juice, | ||||||
| 6 | vegetable
juice, carbonated water, and all other preparations | ||||||
| 7 | commonly known as soft
drinks of whatever kind or description | ||||||
| 8 | that are contained in any closed or
sealed bottle, can, carton, | ||||||
| 9 | or container, regardless of size; but "soft drinks"
does not | ||||||
| 10 | include coffee, tea, non-carbonated water, infant formula, | ||||||
| 11 | milk or
milk products as defined in the Grade A Pasteurized | ||||||
| 12 | Milk and Milk Products Act,
or drinks containing 50% or more | ||||||
| 13 | natural fruit or vegetable juice.
| ||||||
| 14 | Notwithstanding any other provisions of this
Act, | ||||||
| 15 | beginning September 1, 2009, "soft drinks" means non-alcoholic | ||||||
| 16 | beverages that contain natural or artificial sweeteners. "Soft | ||||||
| 17 | drinks" do not include beverages that contain milk or milk | ||||||
| 18 | products, soy, rice or similar milk substitutes, or greater | ||||||
| 19 | than 50% of vegetable or fruit juice by volume. | ||||||
| 20 | Until August 1, 2009, and notwithstanding any other | ||||||
| 21 | provisions of this Act, "food for human
consumption that is to | ||||||
| 22 | be consumed off the premises where it is sold" includes
all | ||||||
| 23 | food sold through a vending machine, except soft drinks and | ||||||
| 24 | food products
that are dispensed hot from a vending machine, | ||||||
| 25 | regardless of the location of
the vending machine. Beginning | ||||||
| 26 | August 1, 2009, and notwithstanding any other provisions of | ||||||
| |||||||
| |||||||
| 1 | this Act, "food for human consumption that is to be consumed | ||||||
| 2 | off the premises where it is sold" includes all food sold | ||||||
| 3 | through a vending machine, except soft drinks, candy, and food | ||||||
| 4 | products that are dispensed hot from a vending machine, | ||||||
| 5 | regardless of the location of the vending machine.
| ||||||
| 6 | Notwithstanding any other provisions of this
Act, | ||||||
| 7 | beginning September 1, 2009, "food for human consumption that | ||||||
| 8 | is to be consumed off the premises where
it is sold" does not | ||||||
| 9 | include candy. For purposes of this Section, "candy" means a | ||||||
| 10 | preparation of sugar, honey, or other natural or artificial | ||||||
| 11 | sweeteners in combination with chocolate, fruits, nuts or other | ||||||
| 12 | ingredients or flavorings in the form of bars, drops, or | ||||||
| 13 | pieces. "Candy" does not include any preparation that contains | ||||||
| 14 | flour or requires refrigeration. | ||||||
| 15 | Notwithstanding any other provisions of this
Act, | ||||||
| 16 | beginning September 1, 2009, "nonprescription medicines and | ||||||
| 17 | drugs" does not include grooming and hygiene products. For | ||||||
| 18 | purposes of this Section, "grooming and hygiene products" | ||||||
| 19 | includes, but is not limited to, soaps and cleaning solutions, | ||||||
| 20 | shampoo, toothpaste, mouthwash, antiperspirants, and sun tan | ||||||
| 21 | lotions and screens, unless those products are available by | ||||||
| 22 | prescription only, regardless of whether the products meet the | ||||||
| 23 | definition of "over-the-counter-drugs". For the purposes of | ||||||
| 24 | this paragraph, "over-the-counter-drug" means a drug for human | ||||||
| 25 | use that contains a label that identifies the product as a drug | ||||||
| 26 | as required by 21 C.F.R. § 201.66. The "over-the-counter-drug" | ||||||
| |||||||
| |||||||
| 1 | label includes: | ||||||
| 2 | (A) A "Drug Facts" panel; or | ||||||
| 3 | (B) A statement of the "active ingredient(s)" with a | ||||||
| 4 | list of those ingredients contained in the compound, | ||||||
| 5 | substance or preparation. | ||||||
| 6 | Beginning on January 1, 2014 (the effective date of Public | ||||||
| 7 | Act 98-122), "prescription and nonprescription medicines and | ||||||
| 8 | drugs" includes medical cannabis purchased from a registered | ||||||
| 9 | dispensing organization under the Compassionate Use of Medical | ||||||
| 10 | Cannabis Pilot Program Act. | ||||||
| 11 | If the property that is acquired from a serviceman is | ||||||
| 12 | acquired outside
Illinois and used outside Illinois before | ||||||
| 13 | being brought to Illinois for use
here and is taxable under | ||||||
| 14 | this Act, the "selling price" on which the tax
is computed | ||||||
| 15 | shall be reduced by an amount that represents a reasonable
| ||||||
| 16 | allowance for depreciation for the period of prior out-of-state | ||||||
| 17 | use.
| ||||||
| 18 | (Source: P.A. 98-104, eff. 7-22-13; 98-122, eff. 1-1-14; | ||||||
| 19 | 98-756, eff. 7-16-14; 99-143, eff. 7-27-15; 99-180, eff. | ||||||
| 20 | 7-29-15; revised 10-16-15.)
| ||||||
| 21 | Section 165. The Service Occupation Tax Act is amended by | ||||||
| 22 | changing Section 3-10 as follows:
| ||||||
| 23 | (35 ILCS 115/3-10) (from Ch. 120, par. 439.103-10)
| ||||||
| 24 | Sec. 3-10. Rate of tax. Unless otherwise provided in this | ||||||
| |||||||
| |||||||
| 1 | Section,
the tax imposed by this Act is at the rate of 6.25% of | ||||||
| 2 | the "selling price",
as defined in Section 2 of the Service Use | ||||||
| 3 | Tax Act, of the tangible
personal property. For the purpose of | ||||||
| 4 | computing this tax, in no event
shall the "selling price" be | ||||||
| 5 | less than the cost price to the serviceman of
the tangible | ||||||
| 6 | personal property transferred. The selling price of each item
| ||||||
| 7 | of tangible personal property transferred as an incident of a | ||||||
| 8 | sale of
service may be shown as a distinct and separate item on | ||||||
| 9 | the serviceman's
billing to the service customer. If the | ||||||
| 10 | selling price is not so shown, the
selling price of the | ||||||
| 11 | tangible personal property is deemed to be 50% of the
| ||||||
| 12 | serviceman's entire billing to the service customer. When, | ||||||
| 13 | however, a
serviceman contracts to design, develop, and produce | ||||||
| 14 | special order machinery or
equipment, the tax imposed by this | ||||||
| 15 | Act shall be based on the serviceman's
cost price of the | ||||||
| 16 | tangible personal property transferred incident to the
| ||||||
| 17 | completion of the contract.
| ||||||
| 18 | Beginning on July 1, 2000 and through December 31, 2000, | ||||||
| 19 | with respect to
motor fuel, as defined in Section 1.1 of the | ||||||
| 20 | Motor Fuel Tax
Law, and gasohol, as defined in Section 3-40 of | ||||||
| 21 | the Use Tax Act, the tax is
imposed at
the rate of 1.25%.
| ||||||
| 22 | With respect to gasohol, as defined in the Use Tax Act, the | ||||||
| 23 | tax imposed
by this Act shall apply to (i) 70% of the cost | ||||||
| 24 | price of property
transferred as
an incident to the sale of | ||||||
| 25 | service on or after January 1, 1990, and before
July 1, 2003, | ||||||
| 26 | (ii) 80% of the selling price of property transferred as an
| ||||||
| |||||||
| |||||||
| 1 | incident to the sale of service on or after July
1, 2003 and on | ||||||
| 2 | or before December 31, 2018, and (iii) 100%
of
the cost price
| ||||||
| 3 | thereafter.
If, at any time, however, the tax under this Act on | ||||||
| 4 | sales of gasohol, as
defined in
the Use Tax Act, is imposed at | ||||||
| 5 | the rate of 1.25%, then the
tax imposed by this Act applies to | ||||||
| 6 | 100% of the proceeds of sales of gasohol
made during that time.
| ||||||
| 7 | With respect to majority blended ethanol fuel, as defined | ||||||
| 8 | in the Use Tax Act,
the
tax
imposed by this Act does not apply | ||||||
| 9 | to the selling price of property transferred
as an incident to | ||||||
| 10 | the sale of service on or after July 1, 2003 and on or before
| ||||||
| 11 | December 31, 2018 but applies to 100% of the selling price | ||||||
| 12 | thereafter.
| ||||||
| 13 | With respect to biodiesel blends, as defined in the Use Tax | ||||||
| 14 | Act, with no less
than 1% and no
more than 10% biodiesel, the | ||||||
| 15 | tax imposed by this Act
applies to (i) 80% of the selling price | ||||||
| 16 | of property transferred as an incident
to the sale of service | ||||||
| 17 | on or after July 1, 2003 and on or before December 31, 2018
and | ||||||
| 18 | (ii) 100% of the proceeds of the selling price
thereafter.
If, | ||||||
| 19 | at any time, however, the tax under this Act on sales of | ||||||
| 20 | biodiesel blends,
as
defined in the Use Tax Act, with no less | ||||||
| 21 | than 1% and no more than 10% biodiesel
is imposed at the rate | ||||||
| 22 | of 1.25%, then the
tax imposed by this Act applies to 100% of | ||||||
| 23 | the proceeds of sales of biodiesel
blends with no less than 1% | ||||||
| 24 | and no more than 10% biodiesel
made
during that time.
| ||||||
| 25 | With respect to 100% biodiesel, as defined in the Use Tax | ||||||
| 26 | Act, and biodiesel
blends, as defined in the Use Tax Act, with
| ||||||
| |||||||
| |||||||
| 1 | more than 10% but no more than 99% biodiesel material, the tax | ||||||
| 2 | imposed by this
Act
does not apply to the proceeds of the | ||||||
| 3 | selling price of property transferred
as an incident to the | ||||||
| 4 | sale of service on or after July 1, 2003 and on or before
| ||||||
| 5 | December 31, 2018 but applies to 100% of the selling price | ||||||
| 6 | thereafter.
| ||||||
| 7 | At the election of any registered serviceman made for each | ||||||
| 8 | fiscal year,
sales of service in which the aggregate annual | ||||||
| 9 | cost price of tangible
personal property transferred as an | ||||||
| 10 | incident to the sales of service is
less than 35%, or 75% in | ||||||
| 11 | the case of servicemen transferring prescription
drugs or | ||||||
| 12 | servicemen engaged in graphic arts production, of the aggregate
| ||||||
| 13 | annual total gross receipts from all sales of service, the tax | ||||||
| 14 | imposed by
this Act shall be based on the serviceman's cost | ||||||
| 15 | price of the tangible
personal property transferred incident to | ||||||
| 16 | the sale of those services.
| ||||||
| 17 | The tax shall be imposed at the rate of 1% on food prepared | ||||||
| 18 | for
immediate consumption and transferred incident to a sale of | ||||||
| 19 | service subject
to this Act or the Service Occupation Tax Act | ||||||
| 20 | by an entity licensed under
the Hospital Licensing Act, the | ||||||
| 21 | Nursing Home Care Act, the ID/DD Community Care Act, the MC/DD | ||||||
| 22 | Act, the Specialized Mental Health Rehabilitation Act of 2013, | ||||||
| 23 | or the
Child Care Act of 1969. The tax shall
also be imposed at | ||||||
| 24 | the rate of 1% on food for human consumption that is
to be | ||||||
| 25 | consumed off the
premises where it is sold (other than | ||||||
| 26 | alcoholic beverages, soft drinks, and
food that has been | ||||||
| |||||||
| |||||||
| 1 | prepared for immediate consumption and is not
otherwise | ||||||
| 2 | included in this paragraph) and prescription and
| ||||||
| 3 | nonprescription medicines, drugs, medical appliances, | ||||||
| 4 | modifications to a motor
vehicle for the purpose of rendering | ||||||
| 5 | it usable by a person with a disability, and
insulin, urine | ||||||
| 6 | testing materials, syringes, and needles used by diabetics, for
| ||||||
| 7 | human use. For the purposes of this Section, until September 1, | ||||||
| 8 | 2009: the term "soft drinks" means any
complete, finished, | ||||||
| 9 | ready-to-use, non-alcoholic drink, whether carbonated or
not, | ||||||
| 10 | including but not limited to soda water, cola, fruit juice, | ||||||
| 11 | vegetable
juice, carbonated water, and all other preparations | ||||||
| 12 | commonly known as soft
drinks of whatever kind or description | ||||||
| 13 | that are contained in any closed or
sealed can, carton, or | ||||||
| 14 | container, regardless of size; but "soft drinks" does not
| ||||||
| 15 | include coffee, tea, non-carbonated water, infant formula, | ||||||
| 16 | milk or milk
products as defined in the Grade A Pasteurized | ||||||
| 17 | Milk and Milk Products Act, or
drinks containing 50% or more | ||||||
| 18 | natural fruit or vegetable juice.
| ||||||
| 19 | Notwithstanding any other provisions of this
Act, | ||||||
| 20 | beginning September 1, 2009, "soft drinks" means non-alcoholic | ||||||
| 21 | beverages that contain natural or artificial sweeteners. "Soft | ||||||
| 22 | drinks" do not include beverages that contain milk or milk | ||||||
| 23 | products, soy, rice or similar milk substitutes, or greater | ||||||
| 24 | than 50% of vegetable or fruit juice by volume. | ||||||
| 25 | Until August 1, 2009, and notwithstanding any other | ||||||
| 26 | provisions of this Act, "food for human consumption
that is to | ||||||
| |||||||
| |||||||
| 1 | be consumed off the premises where it is sold" includes all | ||||||
| 2 | food
sold through a vending machine, except soft drinks and | ||||||
| 3 | food products that are
dispensed hot from a vending machine, | ||||||
| 4 | regardless of the location of the vending
machine. Beginning | ||||||
| 5 | August 1, 2009, and notwithstanding any other provisions of | ||||||
| 6 | this Act, "food for human consumption that is to be consumed | ||||||
| 7 | off the premises where it is sold" includes all food sold | ||||||
| 8 | through a vending machine, except soft drinks, candy, and food | ||||||
| 9 | products that are dispensed hot from a vending machine, | ||||||
| 10 | regardless of the location of the vending machine.
| ||||||
| 11 | Notwithstanding any other provisions of this
Act, | ||||||
| 12 | beginning September 1, 2009, "food for human consumption that | ||||||
| 13 | is to be consumed off the premises where
it is sold" does not | ||||||
| 14 | include candy. For purposes of this Section, "candy" means a | ||||||
| 15 | preparation of sugar, honey, or other natural or artificial | ||||||
| 16 | sweeteners in combination with chocolate, fruits, nuts or other | ||||||
| 17 | ingredients or flavorings in the form of bars, drops, or | ||||||
| 18 | pieces. "Candy" does not include any preparation that contains | ||||||
| 19 | flour or requires refrigeration. | ||||||
| 20 | Notwithstanding any other provisions of this
Act, | ||||||
| 21 | beginning September 1, 2009, "nonprescription medicines and | ||||||
| 22 | drugs" does not include grooming and hygiene products. For | ||||||
| 23 | purposes of this Section, "grooming and hygiene products" | ||||||
| 24 | includes, but is not limited to, soaps and cleaning solutions, | ||||||
| 25 | shampoo, toothpaste, mouthwash, antiperspirants, and sun tan | ||||||
| 26 | lotions and screens, unless those products are available by | ||||||
| |||||||
| |||||||
| 1 | prescription only, regardless of whether the products meet the | ||||||
| 2 | definition of "over-the-counter-drugs". For the purposes of | ||||||
| 3 | this paragraph, "over-the-counter-drug" means a drug for human | ||||||
| 4 | use that contains a label that identifies the product as a drug | ||||||
| 5 | as required by 21 C.F.R. § 201.66. The "over-the-counter-drug" | ||||||
| 6 | label includes: | ||||||
| 7 | (A) A "Drug Facts" panel; or | ||||||
| 8 | (B) A statement of the "active ingredient(s)" with a | ||||||
| 9 | list of those ingredients contained in the compound, | ||||||
| 10 | substance or preparation. | ||||||
| 11 | Beginning on January 1, 2014 (the effective date of Public | ||||||
| 12 | Act 98-122), "prescription and nonprescription medicines and | ||||||
| 13 | drugs" includes medical cannabis purchased from a registered | ||||||
| 14 | dispensing organization under the Compassionate Use of Medical | ||||||
| 15 | Cannabis Pilot Program Act. | ||||||
| 16 | (Source: P.A. 98-104, eff. 7-22-13; 98-122, eff. 1-1-14; | ||||||
| 17 | 98-756, eff. 7-16-14; 99-143, eff. 7-27-15; 99-180, eff. | ||||||
| 18 | 7-29-15; revised 10-16-15.)
| ||||||
| 19 | Section 170. The Property Tax Code is amended by changing | ||||||
| 20 | Sections 9-195, 15-168, 15-169, 15-172, and 15-175 as follows:
| ||||||
| 21 | (35 ILCS 200/9-195)
| ||||||
| 22 | Sec. 9-195. Leasing of exempt property.
| ||||||
| 23 | (a) Except as provided in Sections 15-35, 15-55, 15-60, | ||||||
| 24 | 15-100,
15-103, 15-160, and 15-185,
when property which is | ||||||
| |||||||
| |||||||
| 1 | exempt from taxation is leased to another whose property
is not | ||||||
| 2 | exempt, and the leasing of which does not make the property | ||||||
| 3 | taxable,
the leasehold estate and the appurtenances shall be | ||||||
| 4 | listed as the property of
the lessee thereof, or his or her | ||||||
| 5 | assignee. Taxes on that property shall be
collected in the same | ||||||
| 6 | manner as on property that is not exempt, and the lessee
shall | ||||||
| 7 | be liable for those taxes. However, no tax lien shall attach to | ||||||
| 8 | the
exempt real estate. The changes made by Public Act 90-562 | ||||||
| 9 | this amendatory Act of 1997 and by Public Act 91-513 this
| ||||||
| 10 | amendatory Act of the 91st General Assembly are declaratory of | ||||||
| 11 | existing law
and shall not be construed as a new enactment. The | ||||||
| 12 | changes made by Public Acts
88-221 and 88-420 that are | ||||||
| 13 | incorporated into this Section by Public Act 88-670 this | ||||||
| 14 | amendatory
Act of 1993 are declarative of existing law and are | ||||||
| 15 | not a new enactment.
| ||||||
| 16 | (b) The provisions of this Section regarding taxation of | ||||||
| 17 | leasehold interests
in exempt property do not apply to any | ||||||
| 18 | leasehold interest created pursuant to
any transaction | ||||||
| 19 | described in subsection (e) of Section 15-35, subsection (c-5)
| ||||||
| 20 | of Section 15-60, subsection (b) of Section 15-100, Section | ||||||
| 21 | 15-103, Section 15-160, or
Section 15-185 of this Code , or | ||||||
| 22 | Section 6c of the Downstate Forest Preserve District Act.
| ||||||
| 23 | (Source: P.A. 99-219, eff. 7-31-15; revised 10-20-15.)
| ||||||
| 24 | (35 ILCS 200/15-168) | ||||||
| 25 | Sec. 15-168. Homestead exemption for persons with | ||||||
| |||||||
| |||||||
| 1 | disabilities. | ||||||
| 2 | (a) Beginning with taxable year 2007, an
annual homestead | ||||||
| 3 | exemption is granted to persons with disabilities in
the amount | ||||||
| 4 | of $2,000, except as provided in subsection (c), to
be deducted | ||||||
| 5 | from the property's value as equalized or assessed
by the | ||||||
| 6 | Department of Revenue. The person with a disability shall | ||||||
| 7 | receive
the homestead exemption upon meeting the following
| ||||||
| 8 | requirements: | ||||||
| 9 | (1) The property must be occupied as the primary | ||||||
| 10 | residence by the person with a disability. | ||||||
| 11 | (2) The person with a disability must be liable for | ||||||
| 12 | paying the
real estate taxes on the property. | ||||||
| 13 | (3) The person with a disability must be an owner of | ||||||
| 14 | record of
the property or have a legal or equitable | ||||||
| 15 | interest in the
property as evidenced by a written | ||||||
| 16 | instrument. In the case
of a leasehold interest in | ||||||
| 17 | property, the lease must be for
a single family residence. | ||||||
| 18 | A person who has a disability during the taxable year
is | ||||||
| 19 | eligible to apply for this homestead exemption during that
| ||||||
| 20 | taxable year. Application must be made during the
application | ||||||
| 21 | period in effect for the county of residence. If a
homestead | ||||||
| 22 | exemption has been granted under this Section and the
person | ||||||
| 23 | awarded the exemption subsequently becomes a resident of
a | ||||||
| 24 | facility licensed under the Nursing Home Care Act, the | ||||||
| 25 | Specialized Mental Health Rehabilitation Act of 2013, the ID/DD | ||||||
| 26 | Community Care Act, or the MC/DD Act, then the
exemption shall | ||||||
| |||||||
| |||||||
| 1 | continue (i) so long as the residence continues
to be occupied | ||||||
| 2 | by the qualifying person's spouse or (ii) if the
residence | ||||||
| 3 | remains unoccupied but is still owned by the person
qualified | ||||||
| 4 | for the homestead exemption. | ||||||
| 5 | (b) For the purposes of this Section, "person with a | ||||||
| 6 | disability"
means a person unable to engage in any substantial | ||||||
| 7 | gainful activity by reason of a medically determinable physical | ||||||
| 8 | or mental impairment which can be expected to result in death | ||||||
| 9 | or has lasted or can be expected to last for a continuous | ||||||
| 10 | period of not less than 12 months. Persons with disabilities | ||||||
| 11 | filing claims under this Act shall submit proof of disability | ||||||
| 12 | in such form and manner as the Department shall by rule and | ||||||
| 13 | regulation prescribe. Proof that a claimant is eligible to | ||||||
| 14 | receive disability benefits under the Federal Social Security | ||||||
| 15 | Act shall constitute proof of disability for purposes of this | ||||||
| 16 | Act. Issuance of an Illinois Person with a Disability | ||||||
| 17 | Identification Card stating that the claimant is under a Class | ||||||
| 18 | 2 disability, as defined in Section 4A of the Illinois | ||||||
| 19 | Identification Card Act, shall constitute proof that the person | ||||||
| 20 | named thereon is a person with a disability for purposes of | ||||||
| 21 | this Act. A person with a disability not covered under the | ||||||
| 22 | Federal Social Security Act and not presenting an Illinois | ||||||
| 23 | Person with a Disability Identification Card stating that the | ||||||
| 24 | claimant is under a Class 2 disability shall be examined by a | ||||||
| 25 | physician designated by the Department, and his status as a | ||||||
| 26 | person with a disability determined using the same standards as | ||||||
| |||||||
| |||||||
| 1 | used by the Social Security Administration. The costs of any | ||||||
| 2 | required examination shall be borne by the claimant. | ||||||
| 3 | (c) For land improved with (i) an apartment building owned
| ||||||
| 4 | and operated as a cooperative or (ii) a life care facility as
| ||||||
| 5 | defined under Section 2 of the Life Care Facilities Act that is
| ||||||
| 6 | considered to be a cooperative, the maximum reduction from the
| ||||||
| 7 | value of the property, as equalized or assessed by the
| ||||||
| 8 | Department, shall be multiplied by the number of apartments or
| ||||||
| 9 | units occupied by a person with a disability. The person with a | ||||||
| 10 | disability shall
receive the homestead exemption upon meeting | ||||||
| 11 | the following
requirements: | ||||||
| 12 | (1) The property must be occupied as the primary | ||||||
| 13 | residence by the
person with a disability. | ||||||
| 14 | (2) The person with a disability must be liable by | ||||||
| 15 | contract with
the owner or owners of record for paying the | ||||||
| 16 | apportioned
property taxes on the property of the | ||||||
| 17 | cooperative or life
care facility. In the case of a life | ||||||
| 18 | care facility, the
person with a disability must be liable | ||||||
| 19 | for paying the apportioned
property taxes under a life care | ||||||
| 20 | contract as defined in Section 2 of the Life Care | ||||||
| 21 | Facilities Act. | ||||||
| 22 | (3) The person with a disability must be an owner of | ||||||
| 23 | record of a
legal or equitable interest in the cooperative | ||||||
| 24 | apartment
building. A leasehold interest does not meet this
| ||||||
| 25 | requirement.
| ||||||
| 26 | If a homestead exemption is granted under this subsection, the
| ||||||
| |||||||
| |||||||
| 1 | cooperative association or management firm shall credit the
| ||||||
| 2 | savings resulting from the exemption to the apportioned tax
| ||||||
| 3 | liability of the qualifying person with a disability. The chief | ||||||
| 4 | county
assessment officer may request reasonable proof that the
| ||||||
| 5 | association or firm has properly credited the exemption. A
| ||||||
| 6 | person who willfully refuses to credit an exemption to the
| ||||||
| 7 | qualified person with a disability is guilty of a Class B | ||||||
| 8 | misdemeanor.
| ||||||
| 9 | (d) The chief county assessment officer shall determine the
| ||||||
| 10 | eligibility of property to receive the homestead exemption
| ||||||
| 11 | according to guidelines established by the Department. After a
| ||||||
| 12 | person has received an exemption under this Section, an annual
| ||||||
| 13 | verification of eligibility for the exemption shall be mailed
| ||||||
| 14 | to the taxpayer. | ||||||
| 15 | In counties with fewer than 3,000,000 inhabitants, the | ||||||
| 16 | chief county assessment officer shall provide to each
person | ||||||
| 17 | granted a homestead exemption under this Section a form
to | ||||||
| 18 | designate any other person to receive a duplicate of any
notice | ||||||
| 19 | of delinquency in the payment of taxes assessed and
levied | ||||||
| 20 | under this Code on the person's qualifying property. The
| ||||||
| 21 | duplicate notice shall be in addition to the notice required to
| ||||||
| 22 | be provided to the person receiving the exemption and shall be | ||||||
| 23 | given in the manner required by this Code. The person filing
| ||||||
| 24 | the request for the duplicate notice shall pay an
| ||||||
| 25 | administrative fee of $5 to the chief county assessment
| ||||||
| 26 | officer. The assessment officer shall then file the executed
| ||||||
| |||||||
| |||||||
| 1 | designation with the county collector, who shall issue the
| ||||||
| 2 | duplicate notices as indicated by the designation. A
| ||||||
| 3 | designation may be rescinded by the person with a disability in | ||||||
| 4 | the
manner required by the chief county assessment officer. | ||||||
| 5 | (e) A taxpayer who claims an exemption under Section 15-165 | ||||||
| 6 | or 15-169 may not claim an exemption under this Section.
| ||||||
| 7 | (Source: P.A. 98-104, eff. 7-22-13; 99-143, eff. 7-27-15; | ||||||
| 8 | 99-180, eff. 7-29-15; revised 10-20-15.)
| ||||||
| 9 | (35 ILCS 200/15-169) | ||||||
| 10 | Sec. 15-169. Homestead exemption for veterans with | ||||||
| 11 | disabilities. | ||||||
| 12 | (a) Beginning with taxable year 2007, an annual homestead | ||||||
| 13 | exemption, limited to the amounts set forth in subsections (b) | ||||||
| 14 | and (b-3), is granted for property that is used as a qualified | ||||||
| 15 | residence by a veteran with a disability. | ||||||
| 16 | (b) For taxable years prior to 2015, the amount of the | ||||||
| 17 | exemption under this Section is as follows: | ||||||
| 18 | (1) for veterans with a service-connected disability | ||||||
| 19 | of at least (i) 75% for exemptions granted in taxable years | ||||||
| 20 | 2007 through 2009 and (ii) 70% for exemptions granted in | ||||||
| 21 | taxable year 2010 and each taxable year thereafter, as | ||||||
| 22 | certified by the United States Department of Veterans | ||||||
| 23 | Affairs, the annual exemption is $5,000; and | ||||||
| 24 | (2) for veterans with a service-connected disability | ||||||
| 25 | of at least 50%, but less than (i) 75% for exemptions | ||||||
| |||||||
| |||||||
| 1 | granted in taxable years 2007 through 2009 and (ii) 70% for | ||||||
| 2 | exemptions granted in taxable year 2010 and each taxable | ||||||
| 3 | year thereafter, as certified by the United States | ||||||
| 4 | Department of Veterans Affairs, the annual exemption is | ||||||
| 5 | $2,500. | ||||||
| 6 | (b-3) For taxable years 2015 and thereafter: | ||||||
| 7 | (1) if the veteran has a service connected disability | ||||||
| 8 | of 30% or more but less than 50%, as certified by the | ||||||
| 9 | United States Department of Veterans Affairs, then the | ||||||
| 10 | annual exemption is $2,500; | ||||||
| 11 | (2) if the veteran has a service connected disability | ||||||
| 12 | of 50% or more but less than 70%, as certified by the | ||||||
| 13 | United States Department of Veterans Affairs, then the | ||||||
| 14 | annual exemption is $5,000; and | ||||||
| 15 | (3) if the veteran has a service connected disability | ||||||
| 16 | of 70% or more, as certified by the United States | ||||||
| 17 | Department of Veterans Affairs, then the property is exempt | ||||||
| 18 | from taxation under this Code. | ||||||
| 19 | (b-5) If a homestead exemption is granted under this | ||||||
| 20 | Section and the person awarded the exemption subsequently | ||||||
| 21 | becomes a resident of a facility licensed under the Nursing | ||||||
| 22 | Home Care Act or a facility operated by the United States | ||||||
| 23 | Department of Veterans Affairs, then the exemption shall | ||||||
| 24 | continue (i) so long as the residence continues to be occupied | ||||||
| 25 | by the qualifying person's spouse or (ii) if the residence | ||||||
| 26 | remains unoccupied but is still owned by the person who | ||||||
| |||||||
| |||||||
| 1 | qualified for the homestead exemption. | ||||||
| 2 | (c) The tax exemption under this Section carries over to | ||||||
| 3 | the benefit of the veteran's
surviving spouse as long as the | ||||||
| 4 | spouse holds the legal or
beneficial title to the homestead, | ||||||
| 5 | permanently resides
thereon, and does not remarry. If the | ||||||
| 6 | surviving spouse sells
the property, an exemption not to exceed | ||||||
| 7 | the amount granted
from the most recent ad valorem tax roll may | ||||||
| 8 | be transferred to
his or her new residence as long as it is | ||||||
| 9 | used as his or her
primary residence and he or she does not | ||||||
| 10 | remarry. | ||||||
| 11 | (c-1) Beginning with taxable year 2015, nothing in this | ||||||
| 12 | Section shall require the veteran to have qualified for or | ||||||
| 13 | obtained the exemption before death if the veteran was killed | ||||||
| 14 | in the line of duty. | ||||||
| 15 | (d) The exemption under this Section applies for taxable | ||||||
| 16 | year 2007 and thereafter. A taxpayer who claims an exemption | ||||||
| 17 | under Section 15-165 or 15-168 may not claim an exemption under | ||||||
| 18 | this Section. | ||||||
| 19 | (e) Each taxpayer who has been granted an exemption under | ||||||
| 20 | this Section must reapply on an annual basis. Application must | ||||||
| 21 | be made during the application period
in effect for the county | ||||||
| 22 | of his or her residence. The assessor
or chief county | ||||||
| 23 | assessment officer may determine the
eligibility of | ||||||
| 24 | residential property to receive the homestead
exemption | ||||||
| 25 | provided by this Section by application, visual
inspection, | ||||||
| 26 | questionnaire, or other reasonable methods. The
determination | ||||||
| |||||||
| |||||||
| 1 | must be made in accordance with guidelines
established by the | ||||||
| 2 | Department. | ||||||
| 3 | (f) For the purposes of this Section: | ||||||
| 4 | "Qualified residence" means real
property, but less any | ||||||
| 5 | portion of that property that is used for
commercial purposes, | ||||||
| 6 | with an equalized assessed value of less than $250,000 that is | ||||||
| 7 | the primary residence of a veteran with a disability. Property | ||||||
| 8 | rented for more than 6 months is
presumed to be used for | ||||||
| 9 | commercial purposes. | ||||||
| 10 | "Veteran" means an Illinois resident who has served as a
| ||||||
| 11 | member of the United States Armed Forces on active duty or
| ||||||
| 12 | State active duty, a member of the Illinois National Guard, or
| ||||||
| 13 | a member of the United States Reserve Forces and who has | ||||||
| 14 | received an honorable discharge. | ||||||
| 15 | (Source: P.A. 98-1145, eff. 12-30-14; 99-143, eff. 7-27-15; | ||||||
| 16 | 99-375, eff. 8-17-15; revised 10-9-15.)
| ||||||
| 17 | (35 ILCS 200/15-172)
| ||||||
| 18 | Sec. 15-172. Senior Citizens Assessment Freeze Homestead | ||||||
| 19 | Exemption.
| ||||||
| 20 | (a) This Section may be cited as the Senior Citizens | ||||||
| 21 | Assessment
Freeze Homestead Exemption.
| ||||||
| 22 | (b) As used in this Section:
| ||||||
| 23 | "Applicant" means an individual who has filed an | ||||||
| 24 | application under this
Section.
| ||||||
| 25 | "Base amount" means the base year equalized assessed value | ||||||
| |||||||
| |||||||
| 1 | of the residence
plus the first year's equalized assessed value | ||||||
| 2 | of any added improvements which
increased the assessed value of | ||||||
| 3 | the residence after the base year.
| ||||||
| 4 | "Base year" means the taxable year prior to the taxable | ||||||
| 5 | year for which the
applicant first qualifies and applies for | ||||||
| 6 | the exemption provided that in the
prior taxable year the | ||||||
| 7 | property was improved with a permanent structure that
was | ||||||
| 8 | occupied as a residence by the applicant who was liable for | ||||||
| 9 | paying real
property taxes on the property and who was either | ||||||
| 10 | (i) an owner of record of the
property or had legal or | ||||||
| 11 | equitable interest in the property as evidenced by a
written | ||||||
| 12 | instrument or (ii) had a legal or equitable interest as a | ||||||
| 13 | lessee in the
parcel of property that was single family | ||||||
| 14 | residence.
If in any subsequent taxable year for which the | ||||||
| 15 | applicant applies and
qualifies for the exemption the equalized | ||||||
| 16 | assessed value of the residence is
less than the equalized | ||||||
| 17 | assessed value in the existing base year
(provided that such | ||||||
| 18 | equalized assessed value is not
based
on an
assessed value that | ||||||
| 19 | results from a temporary irregularity in the property that
| ||||||
| 20 | reduces the
assessed value for one or more taxable years), then | ||||||
| 21 | that
subsequent taxable year shall become the base year until a | ||||||
| 22 | new base year is
established under the terms of this paragraph. | ||||||
| 23 | For taxable year 1999 only, the
Chief County Assessment Officer | ||||||
| 24 | shall review (i) all taxable years for which
the
applicant | ||||||
| 25 | applied and qualified for the exemption and (ii) the existing | ||||||
| 26 | base
year.
The assessment officer shall select as the new base | ||||||
| |||||||
| |||||||
| 1 | year the year with the
lowest equalized assessed value.
An | ||||||
| 2 | equalized assessed value that is based on an assessed value | ||||||
| 3 | that results
from a
temporary irregularity in the property that | ||||||
| 4 | reduces the assessed value for one
or more
taxable years shall | ||||||
| 5 | not be considered the lowest equalized assessed value.
The | ||||||
| 6 | selected year shall be the base year for
taxable year 1999 and | ||||||
| 7 | thereafter until a new base year is established under the
terms | ||||||
| 8 | of this paragraph.
| ||||||
| 9 | "Chief County Assessment Officer" means the County | ||||||
| 10 | Assessor or Supervisor of
Assessments of the county in which | ||||||
| 11 | the property is located.
| ||||||
| 12 | "Equalized assessed value" means the assessed value as | ||||||
| 13 | equalized by the
Illinois Department of Revenue.
| ||||||
| 14 | "Household" means the applicant, the spouse of the | ||||||
| 15 | applicant, and all persons
using the residence of the applicant | ||||||
| 16 | as their principal place of residence.
| ||||||
| 17 | "Household income" means the combined income of the members | ||||||
| 18 | of a household
for the calendar year preceding the taxable | ||||||
| 19 | year.
| ||||||
| 20 | "Income" has the same meaning as provided in Section 3.07 | ||||||
| 21 | of the Senior
Citizens and Persons with Disabilities Property | ||||||
| 22 | Tax Relief
Act, except that, beginning in assessment year 2001, | ||||||
| 23 | "income" does not
include veteran's benefits.
| ||||||
| 24 | "Internal Revenue Code of 1986" means the United States | ||||||
| 25 | Internal Revenue Code
of 1986 or any successor law or laws | ||||||
| 26 | relating to federal income taxes in effect
for the year | ||||||
| |||||||
| |||||||
| 1 | preceding the taxable year.
| ||||||
| 2 | "Life care facility that qualifies as a cooperative" means | ||||||
| 3 | a facility as
defined in Section 2 of the Life Care Facilities | ||||||
| 4 | Act.
| ||||||
| 5 | "Maximum income limitation" means: | ||||||
| 6 | (1) $35,000 prior
to taxable year 1999; | ||||||
| 7 | (2) $40,000 in taxable years 1999 through 2003; | ||||||
| 8 | (3) $45,000 in taxable years 2004 through 2005; | ||||||
| 9 | (4) $50,000 in taxable years 2006 and 2007; and | ||||||
| 10 | (5) $55,000 in taxable year 2008 and thereafter.
| ||||||
| 11 | "Residence" means the principal dwelling place and | ||||||
| 12 | appurtenant structures
used for residential purposes in this | ||||||
| 13 | State occupied on January 1 of the
taxable year by a household | ||||||
| 14 | and so much of the surrounding land, constituting
the parcel | ||||||
| 15 | upon which the dwelling place is situated, as is used for
| ||||||
| 16 | residential purposes. If the Chief County Assessment Officer | ||||||
| 17 | has established a
specific legal description for a portion of | ||||||
| 18 | property constituting the
residence, then that portion of | ||||||
| 19 | property shall be deemed the residence for the
purposes of this | ||||||
| 20 | Section.
| ||||||
| 21 | "Taxable year" means the calendar year during which ad | ||||||
| 22 | valorem property taxes
payable in the next succeeding year are | ||||||
| 23 | levied.
| ||||||
| 24 | (c) Beginning in taxable year 1994, a senior citizens | ||||||
| 25 | assessment freeze
homestead exemption is granted for real | ||||||
| 26 | property that is improved with a
permanent structure that is | ||||||
| |||||||
| |||||||
| 1 | occupied as a residence by an applicant who (i) is
65 years of | ||||||
| 2 | age or older during the taxable year, (ii) has a household | ||||||
| 3 | income that does not exceed the maximum income limitation, | ||||||
| 4 | (iii) is liable for paying real property taxes on
the
property, | ||||||
| 5 | and (iv) is an owner of record of the property or has a legal or
| ||||||
| 6 | equitable interest in the property as evidenced by a written | ||||||
| 7 | instrument. This
homestead exemption shall also apply to a | ||||||
| 8 | leasehold interest in a parcel of
property improved with a | ||||||
| 9 | permanent structure that is a single family residence
that is | ||||||
| 10 | occupied as a residence by a person who (i) is 65 years of age | ||||||
| 11 | or older
during the taxable year, (ii) has a household income | ||||||
| 12 | that does not exceed the maximum income limitation,
(iii)
has a | ||||||
| 13 | legal or equitable ownership interest in the property as | ||||||
| 14 | lessee, and (iv)
is liable for the payment of real property | ||||||
| 15 | taxes on that property.
| ||||||
| 16 | In counties of 3,000,000 or more inhabitants, the amount of | ||||||
| 17 | the exemption for all taxable years is the equalized assessed | ||||||
| 18 | value of the
residence in the taxable year for which | ||||||
| 19 | application is made minus the base
amount. In all other | ||||||
| 20 | counties, the amount of the exemption is as follows: (i) | ||||||
| 21 | through taxable year 2005 and for taxable year 2007 and | ||||||
| 22 | thereafter, the amount of this exemption shall be the equalized | ||||||
| 23 | assessed value of the
residence in the taxable year for which | ||||||
| 24 | application is made minus the base
amount; and (ii) for
taxable | ||||||
| 25 | year 2006, the amount of the exemption is as follows:
| ||||||
| 26 | (1) For an applicant who has a household income of | ||||||
| |||||||
| |||||||
| 1 | $45,000 or less, the amount of the exemption is the | ||||||
| 2 | equalized assessed value of the
residence in the taxable | ||||||
| 3 | year for which application is made minus the base
amount. | ||||||
| 4 | (2) For an applicant who has a household income | ||||||
| 5 | exceeding $45,000 but not exceeding $46,250, the amount of | ||||||
| 6 | the exemption is (i) the equalized assessed value of the
| ||||||
| 7 | residence in the taxable year for which application is made | ||||||
| 8 | minus the base
amount (ii) multiplied by 0.8. | ||||||
| 9 | (3) For an applicant who has a household income | ||||||
| 10 | exceeding $46,250 but not exceeding $47,500, the amount of | ||||||
| 11 | the exemption is (i) the equalized assessed value of the
| ||||||
| 12 | residence in the taxable year for which application is made | ||||||
| 13 | minus the base
amount (ii) multiplied by 0.6. | ||||||
| 14 | (4) For an applicant who has a household income | ||||||
| 15 | exceeding $47,500 but not exceeding $48,750, the amount of | ||||||
| 16 | the exemption is (i) the equalized assessed value of the
| ||||||
| 17 | residence in the taxable year for which application is made | ||||||
| 18 | minus the base
amount (ii) multiplied by 0.4. | ||||||
| 19 | (5) For an applicant who has a household income | ||||||
| 20 | exceeding $48,750 but not exceeding $50,000, the amount of | ||||||
| 21 | the exemption is (i) the equalized assessed value of the
| ||||||
| 22 | residence in the taxable year for which application is made | ||||||
| 23 | minus the base
amount (ii) multiplied by 0.2.
| ||||||
| 24 | When the applicant is a surviving spouse of an applicant | ||||||
| 25 | for a prior year for
the same residence for which an exemption | ||||||
| 26 | under this Section has been granted,
the base year and base | ||||||
| |||||||
| |||||||
| 1 | amount for that residence are the same as for the
applicant for | ||||||
| 2 | the prior year.
| ||||||
| 3 | Each year at the time the assessment books are certified to | ||||||
| 4 | the County Clerk,
the Board of Review or Board of Appeals shall | ||||||
| 5 | give to the County Clerk a list
of the assessed values of | ||||||
| 6 | improvements on each parcel qualifying for this
exemption that | ||||||
| 7 | were added after the base year for this parcel and that
| ||||||
| 8 | increased the assessed value of the property.
| ||||||
| 9 | In the case of land improved with an apartment building | ||||||
| 10 | owned and operated as
a cooperative or a building that is a | ||||||
| 11 | life care facility that qualifies as a
cooperative, the maximum | ||||||
| 12 | reduction from the equalized assessed value of the
property is | ||||||
| 13 | limited to the sum of the reductions calculated for each unit
| ||||||
| 14 | occupied as a residence by a person or persons (i) 65 years of | ||||||
| 15 | age or older, (ii) with a
household income that does not exceed | ||||||
| 16 | the maximum income limitation, (iii) who is liable, by contract | ||||||
| 17 | with the
owner
or owners of record, for paying real property | ||||||
| 18 | taxes on the property, and (iv) who is
an owner of record of a | ||||||
| 19 | legal or equitable interest in the cooperative
apartment | ||||||
| 20 | building, other than a leasehold interest. In the instance of a
| ||||||
| 21 | cooperative where a homestead exemption has been granted under | ||||||
| 22 | this Section,
the cooperative association or its management | ||||||
| 23 | firm shall credit the savings
resulting from that exemption | ||||||
| 24 | only to the apportioned tax liability of the
owner who | ||||||
| 25 | qualified for the exemption. Any person who willfully refuses | ||||||
| 26 | to
credit that savings to an owner who qualifies for the | ||||||
| |||||||
| |||||||
| 1 | exemption is guilty of a
Class B misdemeanor.
| ||||||
| 2 | When a homestead exemption has been granted under this | ||||||
| 3 | Section and an
applicant then becomes a resident of a facility | ||||||
| 4 | licensed under the Assisted Living and Shared Housing Act, the | ||||||
| 5 | Nursing Home
Care Act, the Specialized Mental Health | ||||||
| 6 | Rehabilitation Act of 2013, the ID/DD Community Care Act, or | ||||||
| 7 | the MC/DD Act, the exemption shall be granted in subsequent | ||||||
| 8 | years so long as the
residence (i) continues to be occupied by | ||||||
| 9 | the qualified applicant's spouse or
(ii) if remaining | ||||||
| 10 | unoccupied, is still owned by the qualified applicant for the
| ||||||
| 11 | homestead exemption.
| ||||||
| 12 | Beginning January 1, 1997, when an individual dies who | ||||||
| 13 | would have qualified
for an exemption under this Section, and | ||||||
| 14 | the surviving spouse does not
independently qualify for this | ||||||
| 15 | exemption because of age, the exemption under
this Section | ||||||
| 16 | shall be granted to the surviving spouse for the taxable year
| ||||||
| 17 | preceding and the taxable
year of the death, provided that, | ||||||
| 18 | except for age, the surviving spouse meets
all
other | ||||||
| 19 | qualifications for the granting of this exemption for those | ||||||
| 20 | years.
| ||||||
| 21 | When married persons maintain separate residences, the | ||||||
| 22 | exemption provided for
in this Section may be claimed by only | ||||||
| 23 | one of such persons and for only one
residence.
| ||||||
| 24 | For taxable year 1994 only, in counties having less than | ||||||
| 25 | 3,000,000
inhabitants, to receive the exemption, a person shall | ||||||
| 26 | submit an application by
February 15, 1995 to the Chief County | ||||||
| |||||||
| |||||||
| 1 | Assessment Officer
of the county in which the property is | ||||||
| 2 | located. In counties having 3,000,000
or more inhabitants, for | ||||||
| 3 | taxable year 1994 and all subsequent taxable years, to
receive | ||||||
| 4 | the exemption, a person
may submit an application to the Chief | ||||||
| 5 | County
Assessment Officer of the county in which the property | ||||||
| 6 | is located during such
period as may be specified by the Chief | ||||||
| 7 | County Assessment Officer. The Chief
County Assessment Officer | ||||||
| 8 | in counties of 3,000,000 or more inhabitants shall
annually | ||||||
| 9 | give notice of the application period by mail or by | ||||||
| 10 | publication. In
counties having less than 3,000,000 | ||||||
| 11 | inhabitants, beginning with taxable year
1995 and thereafter, | ||||||
| 12 | to receive the exemption, a person
shall
submit an
application | ||||||
| 13 | by July 1 of each taxable year to the Chief County Assessment
| ||||||
| 14 | Officer of the county in which the property is located. A | ||||||
| 15 | county may, by
ordinance, establish a date for submission of | ||||||
| 16 | applications that is
different than
July 1.
The applicant shall | ||||||
| 17 | submit with the
application an affidavit of the applicant's | ||||||
| 18 | total household income, age,
marital status (and if married the | ||||||
| 19 | name and address of the applicant's spouse,
if known), and | ||||||
| 20 | principal dwelling place of members of the household on January
| ||||||
| 21 | 1 of the taxable year. The Department shall establish, by rule, | ||||||
| 22 | a method for
verifying the accuracy of affidavits filed by | ||||||
| 23 | applicants under this Section, and the Chief County Assessment | ||||||
| 24 | Officer may conduct audits of any taxpayer claiming an | ||||||
| 25 | exemption under this Section to verify that the taxpayer is | ||||||
| 26 | eligible to receive the exemption. Each application shall | ||||||
| |||||||
| |||||||
| 1 | contain or be verified by a written declaration that it is made | ||||||
| 2 | under the penalties of perjury. A taxpayer's signing a | ||||||
| 3 | fraudulent application under this Act is perjury, as defined in | ||||||
| 4 | Section 32-2 of the Criminal Code of 2012.
The applications | ||||||
| 5 | shall be clearly marked as applications for the Senior
Citizens | ||||||
| 6 | Assessment Freeze Homestead Exemption and must contain a notice | ||||||
| 7 | that any taxpayer who receives the exemption is subject to an | ||||||
| 8 | audit by the Chief County Assessment Officer.
| ||||||
| 9 | Notwithstanding any other provision to the contrary, in | ||||||
| 10 | counties having fewer
than 3,000,000 inhabitants, if an | ||||||
| 11 | applicant fails
to file the application required by this | ||||||
| 12 | Section in a timely manner and this
failure to file is due to a | ||||||
| 13 | mental or physical condition sufficiently severe so
as to | ||||||
| 14 | render the applicant incapable of filing the application in a | ||||||
| 15 | timely
manner, the Chief County Assessment Officer may extend | ||||||
| 16 | the filing deadline for
a period of 30 days after the applicant | ||||||
| 17 | regains the capability to file the
application, but in no case | ||||||
| 18 | may the filing deadline be extended beyond 3
months of the | ||||||
| 19 | original filing deadline. In order to receive the extension
| ||||||
| 20 | provided in this paragraph, the applicant shall provide the | ||||||
| 21 | Chief County
Assessment Officer with a signed statement from | ||||||
| 22 | the applicant's physician
stating the nature and extent of the | ||||||
| 23 | condition, that, in the
physician's opinion, the condition was | ||||||
| 24 | so severe that it rendered the applicant
incapable of filing | ||||||
| 25 | the application in a timely manner, and the date on which
the | ||||||
| 26 | applicant regained the capability to file the application.
| ||||||
| |||||||
| |||||||
| 1 | Beginning January 1, 1998, notwithstanding any other | ||||||
| 2 | provision to the
contrary, in counties having fewer than | ||||||
| 3 | 3,000,000 inhabitants, if an applicant
fails to file the | ||||||
| 4 | application required by this Section in a timely manner and
| ||||||
| 5 | this failure to file is due to a mental or physical condition | ||||||
| 6 | sufficiently
severe so as to render the applicant incapable of | ||||||
| 7 | filing the application in a
timely manner, the Chief County | ||||||
| 8 | Assessment Officer may extend the filing
deadline for a period | ||||||
| 9 | of 3 months. In order to receive the extension provided
in this | ||||||
| 10 | paragraph, the applicant shall provide the Chief County | ||||||
| 11 | Assessment
Officer with a signed statement from the applicant's | ||||||
| 12 | physician stating the
nature and extent of the condition, and | ||||||
| 13 | that, in the physician's opinion, the
condition was so severe | ||||||
| 14 | that it rendered the applicant incapable of filing the
| ||||||
| 15 | application in a timely manner.
| ||||||
| 16 | In counties having less than 3,000,000 inhabitants, if an | ||||||
| 17 | applicant was
denied an exemption in taxable year 1994 and the | ||||||
| 18 | denial occurred due to an
error on the part of an assessment
| ||||||
| 19 | official, or his or her agent or employee, then beginning in | ||||||
| 20 | taxable year 1997
the
applicant's base year, for purposes of | ||||||
| 21 | determining the amount of the exemption,
shall be 1993 rather | ||||||
| 22 | than 1994. In addition, in taxable year 1997, the
applicant's | ||||||
| 23 | exemption shall also include an amount equal to (i) the amount | ||||||
| 24 | of
any exemption denied to the applicant in taxable year 1995 | ||||||
| 25 | as a result of using
1994, rather than 1993, as the base year, | ||||||
| 26 | (ii) the amount of any exemption
denied to the applicant in | ||||||
| |||||||
| |||||||
| 1 | taxable year 1996 as a result of using 1994, rather
than 1993, | ||||||
| 2 | as the base year, and (iii) the amount of the exemption | ||||||
| 3 | erroneously
denied for taxable year 1994.
| ||||||
| 4 | For purposes of this Section, a person who will be 65 years | ||||||
| 5 | of age during the
current taxable year shall be eligible to | ||||||
| 6 | apply for the homestead exemption
during that taxable year. | ||||||
| 7 | Application shall be made during the application
period in | ||||||
| 8 | effect for the county of his or her residence.
| ||||||
| 9 | The Chief County Assessment Officer may determine the | ||||||
| 10 | eligibility of a life
care facility that qualifies as a | ||||||
| 11 | cooperative to receive the benefits
provided by this Section by | ||||||
| 12 | use of an affidavit, application, visual
inspection, | ||||||
| 13 | questionnaire, or other reasonable method in order to insure | ||||||
| 14 | that
the tax savings resulting from the exemption are credited | ||||||
| 15 | by the management
firm to the apportioned tax liability of each | ||||||
| 16 | qualifying resident. The Chief
County Assessment Officer may | ||||||
| 17 | request reasonable proof that the management firm
has so | ||||||
| 18 | credited that exemption.
| ||||||
| 19 | Except as provided in this Section, all information | ||||||
| 20 | received by the chief
county assessment officer or the | ||||||
| 21 | Department from applications filed under this
Section, or from | ||||||
| 22 | any investigation conducted under the provisions of this
| ||||||
| 23 | Section, shall be confidential, except for official purposes or
| ||||||
| 24 | pursuant to official procedures for collection of any State or | ||||||
| 25 | local tax or
enforcement of any civil or criminal penalty or | ||||||
| 26 | sanction imposed by this Act or
by any statute or ordinance | ||||||
| |||||||
| |||||||
| 1 | imposing a State or local tax. Any person who
divulges any such | ||||||
| 2 | information in any manner, except in accordance with a proper
| ||||||
| 3 | judicial order, is guilty of a Class A misdemeanor.
| ||||||
| 4 | Nothing contained in this Section shall prevent the | ||||||
| 5 | Director or chief county
assessment officer from publishing or | ||||||
| 6 | making available reasonable statistics
concerning the | ||||||
| 7 | operation of the exemption contained in this Section in which
| ||||||
| 8 | the contents of claims are grouped into aggregates in such a | ||||||
| 9 | way that
information contained in any individual claim shall | ||||||
| 10 | not be disclosed.
| ||||||
| 11 | (d) Each Chief County Assessment Officer shall annually | ||||||
| 12 | publish a notice
of availability of the exemption provided | ||||||
| 13 | under this Section. The notice
shall be published at least 60 | ||||||
| 14 | days but no more than 75 days prior to the date
on which the | ||||||
| 15 | application must be submitted to the Chief County Assessment
| ||||||
| 16 | Officer of the county in which the property is located. The | ||||||
| 17 | notice shall
appear in a newspaper of general circulation in | ||||||
| 18 | the county.
| ||||||
| 19 | Notwithstanding Sections 6 and 8 of the State Mandates Act, | ||||||
| 20 | no reimbursement by the State is required for the | ||||||
| 21 | implementation of any mandate created by this Section.
| ||||||
| 22 | (Source: P.A. 98-104, eff. 7-22-13; 99-143, eff. 7-27-15; | ||||||
| 23 | 99-180, eff. 7-29-15; revised 10-21-15.)
| ||||||
| 24 | (35 ILCS 200/15-175)
| ||||||
| 25 | Sec. 15-175. General homestead exemption. | ||||||
| |||||||
| |||||||
| 1 | (a) Except as provided in Sections 15-176 and 15-177, | ||||||
| 2 | homestead
property is
entitled to an annual homestead exemption | ||||||
| 3 | limited, except as described here
with relation to | ||||||
| 4 | cooperatives, to a reduction in the equalized assessed value
of | ||||||
| 5 | homestead property equal to the increase in equalized assessed | ||||||
| 6 | value for the
current assessment year above the equalized | ||||||
| 7 | assessed value of the property for
1977, up to the maximum | ||||||
| 8 | reduction set forth below. If however, the 1977
equalized | ||||||
| 9 | assessed value upon which taxes were paid is subsequently | ||||||
| 10 | determined
by local assessing officials, the Property Tax | ||||||
| 11 | Appeal Board, or a court to have
been excessive, the equalized | ||||||
| 12 | assessed value which should have been placed on
the property | ||||||
| 13 | for 1977 shall be used to determine the amount of the | ||||||
| 14 | exemption.
| ||||||
| 15 | (b) Except as provided in Section 15-176, the maximum | ||||||
| 16 | reduction before taxable year 2004 shall be
$4,500 in counties | ||||||
| 17 | with 3,000,000 or more
inhabitants
and $3,500 in all other | ||||||
| 18 | counties. Except as provided in Sections 15-176 and 15-177, for | ||||||
| 19 | taxable years 2004 through 2007, the maximum reduction shall be | ||||||
| 20 | $5,000, for taxable year 2008, the maximum reduction is $5,500, | ||||||
| 21 | and, for taxable years 2009 through 2011, the maximum reduction | ||||||
| 22 | is $6,000 in all counties. For taxable years 2012 and | ||||||
| 23 | thereafter, the maximum reduction is $7,000 in counties with | ||||||
| 24 | 3,000,000 or more
inhabitants
and $6,000 in all other counties. | ||||||
| 25 | If a county has elected to subject itself to the provisions of | ||||||
| 26 | Section 15-176 as provided in subsection (k) of that Section, | ||||||
| |||||||
| |||||||
| 1 | then, for the first taxable year only after the provisions of | ||||||
| 2 | Section 15-176 no longer apply, for owners who, for the taxable | ||||||
| 3 | year, have not been granted a senior citizens assessment freeze | ||||||
| 4 | homestead exemption under Section 15-172 or a long-time | ||||||
| 5 | occupant homestead exemption under Section 15-177, there shall | ||||||
| 6 | be an additional exemption of $5,000 for owners with a | ||||||
| 7 | household income of $30,000 or less.
| ||||||
| 8 | (c) In counties with fewer than 3,000,000 inhabitants, if, | ||||||
| 9 | based on the most
recent assessment, the equalized assessed | ||||||
| 10 | value of
the homestead property for the current assessment year | ||||||
| 11 | is greater than the
equalized assessed value of the property | ||||||
| 12 | for 1977, the owner of the property
shall automatically receive | ||||||
| 13 | the exemption granted under this Section in an
amount equal to | ||||||
| 14 | the increase over the 1977 assessment up to the maximum
| ||||||
| 15 | reduction set forth in this Section.
| ||||||
| 16 | (d) If in any assessment year beginning with the 2000 | ||||||
| 17 | assessment year,
homestead property has a pro-rata valuation | ||||||
| 18 | under
Section 9-180 resulting in an increase in the assessed | ||||||
| 19 | valuation, a reduction
in equalized assessed valuation equal to | ||||||
| 20 | the increase in equalized assessed
value of the property for | ||||||
| 21 | the year of the pro-rata valuation above the
equalized assessed | ||||||
| 22 | value of the property for 1977 shall be applied to the
property | ||||||
| 23 | on a proportionate basis for the period the property qualified | ||||||
| 24 | as
homestead property during the assessment year. The maximum | ||||||
| 25 | proportionate
homestead exemption shall not exceed the maximum | ||||||
| 26 | homestead exemption allowed in
the county under this Section | ||||||
| |||||||
| |||||||
| 1 | divided by 365 and multiplied by the number of
days the | ||||||
| 2 | property qualified as homestead property.
| ||||||
| 3 | (e) The chief county assessment officer may, when | ||||||
| 4 | considering whether to grant a leasehold exemption under this | ||||||
| 5 | Section, require the following conditions to be met: | ||||||
| 6 | (1) that a notarized application for the exemption, | ||||||
| 7 | signed by both the owner and the lessee of the property, | ||||||
| 8 | must be submitted each year during the application period | ||||||
| 9 | in effect for the county in which the property is located; | ||||||
| 10 | (2) that a copy of the lease must be filed with the | ||||||
| 11 | chief county assessment officer by the owner of the | ||||||
| 12 | property at the time the notarized application is | ||||||
| 13 | submitted; | ||||||
| 14 | (3) that the lease must expressly state that the lessee | ||||||
| 15 | is liable for the payment of property taxes; and | ||||||
| 16 | (4) that the lease must include the following language | ||||||
| 17 | in substantially the following form: | ||||||
| 18 | "Lessee shall be liable for the payment of real | ||||||
| 19 | estate taxes with respect to the residence in | ||||||
| 20 | accordance with the terms and conditions of Section | ||||||
| 21 | 15-175 of the Property Tax Code (35 ILCS 200/15-175). | ||||||
| 22 | The permanent real estate index number for the premises | ||||||
| 23 | is (insert number), and, according to the most recent | ||||||
| 24 | property tax bill, the current amount of real estate | ||||||
| 25 | taxes associated with the premises is (insert amount) | ||||||
| 26 | per year. The parties agree that the monthly rent set | ||||||
| |||||||
| |||||||
| 1 | forth above shall be increased or decreased pro rata | ||||||
| 2 | (effective January 1 of each calendar year) to reflect | ||||||
| 3 | any increase or decrease in real estate taxes. Lessee | ||||||
| 4 | shall be deemed to be satisfying Lessee's liability for | ||||||
| 5 | the above mentioned real estate taxes with the monthly | ||||||
| 6 | rent payments as set forth above (or increased or | ||||||
| 7 | decreased as set forth herein).". | ||||||
| 8 | In addition, if there is a change in lessee, or if the | ||||||
| 9 | lessee vacates the property, then the chief county assessment | ||||||
| 10 | officer may require the owner of the property to notify the | ||||||
| 11 | chief county assessment officer of that change. | ||||||
| 12 | This subsection (e) does not apply to leasehold interests | ||||||
| 13 | in property owned by a municipality. | ||||||
| 14 | (f) "Homestead property" under this Section includes | ||||||
| 15 | residential property that is
occupied by its owner or owners as | ||||||
| 16 | his or their principal dwelling place, or
that is a leasehold | ||||||
| 17 | interest on which a single family residence is situated,
which | ||||||
| 18 | is occupied as a residence by a person who has an ownership | ||||||
| 19 | interest
therein, legal or equitable or as a lessee, and on | ||||||
| 20 | which the person is
liable for the payment of property taxes. | ||||||
| 21 | For land improved with
an apartment building owned and operated | ||||||
| 22 | as a cooperative or a building which
is a life care facility as | ||||||
| 23 | defined in Section 15-170 and considered to
be a cooperative | ||||||
| 24 | under Section 15-170, the maximum reduction from the equalized
| ||||||
| 25 | assessed value shall be limited to the increase in the value | ||||||
| 26 | above the
equalized assessed value of the property for 1977, up | ||||||
| |||||||
| |||||||
| 1 | to
the maximum reduction set forth above, multiplied by the | ||||||
| 2 | number of apartments
or units occupied by a person or persons | ||||||
| 3 | who is liable, by contract with the
owner or owners of record, | ||||||
| 4 | for paying property taxes on the property and is an
owner of | ||||||
| 5 | record of a legal or equitable interest in the cooperative
| ||||||
| 6 | apartment building, other than a leasehold interest. For | ||||||
| 7 | purposes of this
Section, the term "life care facility" has the | ||||||
| 8 | meaning stated in Section
15-170.
| ||||||
| 9 | "Household", as used in this Section,
means the owner, the | ||||||
| 10 | spouse of the owner, and all persons using
the
residence of the | ||||||
| 11 | owner as their principal place of residence.
| ||||||
| 12 | "Household income", as used in this Section,
means the | ||||||
| 13 | combined income of the members of a household
for the calendar | ||||||
| 14 | year preceding the taxable year.
| ||||||
| 15 | "Income", as used in this Section,
has the same meaning as | ||||||
| 16 | provided in Section 3.07 of the Senior
Citizens
and Persons | ||||||
| 17 | with Disabilities Property Tax Relief Act,
except that
"income" | ||||||
| 18 | does not include veteran's benefits.
| ||||||
| 19 | (g) In a cooperative where a homestead exemption has been | ||||||
| 20 | granted, the
cooperative association or its management firm | ||||||
| 21 | shall credit the savings
resulting from that exemption only to | ||||||
| 22 | the apportioned tax liability of the
owner who qualified for | ||||||
| 23 | the exemption. Any person who willfully refuses to so
credit | ||||||
| 24 | the savings shall be guilty of a Class B misdemeanor.
| ||||||
| 25 | (h) Where married persons maintain and reside in separate | ||||||
| 26 | residences qualifying
as homestead property, each residence | ||||||
| |||||||
| |||||||
| 1 | shall receive 50% of the total reduction
in equalized assessed | ||||||
| 2 | valuation provided by this Section.
| ||||||
| 3 | (i) In all counties, the assessor
or chief county | ||||||
| 4 | assessment officer may determine the
eligibility of | ||||||
| 5 | residential property to receive the homestead exemption and the | ||||||
| 6 | amount of the exemption by
application, visual inspection, | ||||||
| 7 | questionnaire or other reasonable methods. The
determination | ||||||
| 8 | shall be made in accordance with guidelines established by the
| ||||||
| 9 | Department, provided that the taxpayer applying for an | ||||||
| 10 | additional general exemption under this Section shall submit to | ||||||
| 11 | the chief county assessment officer an application with an | ||||||
| 12 | affidavit of the applicant's total household income, age, | ||||||
| 13 | marital status (and, if married, the name and address of the | ||||||
| 14 | applicant's spouse, if known), and principal dwelling place of | ||||||
| 15 | members of the household on January 1 of the taxable year. The | ||||||
| 16 | Department shall issue guidelines establishing a method for | ||||||
| 17 | verifying the accuracy of the affidavits filed by applicants | ||||||
| 18 | under this paragraph. The applications shall be clearly marked | ||||||
| 19 | as applications for the Additional General Homestead | ||||||
| 20 | Exemption.
| ||||||
| 21 | (i-5) This subsection (i-5) applies to counties with | ||||||
| 22 | 3,000,000 or more inhabitants. In the event of a sale of
| ||||||
| 23 | homestead property, the homestead exemption shall remain in | ||||||
| 24 | effect for the remainder of the assessment year of the sale. | ||||||
| 25 | Upon receipt of a transfer declaration transmitted by the | ||||||
| 26 | recorder pursuant to Section 31-30 of the Real Estate Transfer | ||||||
| |||||||
| |||||||
| 1 | Tax Law for property receiving an exemption under this Section, | ||||||
| 2 | the assessor shall mail a notice and forms to the new owner of | ||||||
| 3 | the property providing information pertaining to the rules and | ||||||
| 4 | applicable filing periods for applying or reapplying for | ||||||
| 5 | homestead exemptions under this Code for which the property may | ||||||
| 6 | be eligible. If the new owner fails to apply or reapply for a | ||||||
| 7 | homestead exemption during the applicable filing period or the | ||||||
| 8 | property no longer qualifies for an existing homestead | ||||||
| 9 | exemption, the assessor shall cancel such exemption for any | ||||||
| 10 | ensuing assessment year. | ||||||
| 11 | (j) In counties with fewer than 3,000,000 inhabitants, in | ||||||
| 12 | the event of a sale
of
homestead property the homestead | ||||||
| 13 | exemption shall remain in effect for the
remainder of the | ||||||
| 14 | assessment year of the sale. The assessor or chief county
| ||||||
| 15 | assessment officer may require the new
owner of the property to | ||||||
| 16 | apply for the homestead exemption for the following
assessment | ||||||
| 17 | year.
| ||||||
| 18 | (k) Notwithstanding Sections 6 and 8 of the State Mandates | ||||||
| 19 | Act, no reimbursement by the State is required for the | ||||||
| 20 | implementation of any mandate created by this Section.
| ||||||
| 21 | (Source: P.A. 98-7, eff. 4-23-13; 98-463, eff. 8-16-13; 99-143, | ||||||
| 22 | eff. 7-27-15; 99-164, eff. 7-28-15; revised 8-25-15.)
| ||||||
| 23 | Section 175. The Electricity Excise Tax Law is amended by | ||||||
| 24 | changing Section 2-10 as follows:
| ||||||
| |||||||
| |||||||
| 1 | (35 ILCS 640/2-10)
| ||||||
| 2 | Sec. 2-10. Election and registration to be self-assessing | ||||||
| 3 | purchaser. Any purchaser for non-residential electric
use
may | ||||||
| 4 | elect to register with the
Department as a self-assessing | ||||||
| 5 | purchaser and to pay the tax
imposed by Section 2-4 directly to | ||||||
| 6 | the Department, at the rate
stated in that Section for | ||||||
| 7 | self-assessing purchasers, rather
than paying the tax to such | ||||||
| 8 | purchaser's delivering supplier.
The election by a purchaser to | ||||||
| 9 | register as a self-assessing
purchaser may not be revoked by | ||||||
| 10 | the purchaser for at least 2 years thereafter.
A purchaser who | ||||||
| 11 | revokes his or her
registration as a self-assessing purchaser | ||||||
| 12 | shall not
thereafter be permitted to register as a | ||||||
| 13 | self-assessing
purchaser within the succeeding 2 years. A | ||||||
| 14 | self-assessing
purchaser shall renew his or her registration | ||||||
| 15 | every 2 years,
or the registration shall be deemed to be | ||||||
| 16 | revoked.
| ||||||
| 17 | Application for a certificate of registration as a | ||||||
| 18 | self-assessing
purchaser shall be made to the Department upon | ||||||
| 19 | forms furnished by the
Department and shall contain any | ||||||
| 20 | reasonable information the Department
may require. The | ||||||
| 21 | self-assessing purchaser shall be required to disclose the
name | ||||||
| 22 | of the delivering supplier or suppliers and each account | ||||||
| 23 | numbers for
which the self-assessing purchaser elects to pay | ||||||
| 24 | the tax imposed by Section
2-4 directly to the Department. Upon | ||||||
| 25 | receipt of the application for a
certificate of registration in | ||||||
| 26 | proper form and payment of a an non-refundable
biennial fee of | ||||||
| |||||||
| |||||||
| 1 | $200, the Department shall issue to the applicant a
certificate | ||||||
| 2 | of registration that permits the person to whom it was issued | ||||||
| 3 | to
pay the tax incurred under this Law directly to the | ||||||
| 4 | Department for a period
of 2 years. The Department shall notify | ||||||
| 5 | the delivering supplier or suppliers
that the applicant has | ||||||
| 6 | been registered as a self-assessing purchaser for the
accounts | ||||||
| 7 | listed by the self-assessing purchaser. A certificate of
| ||||||
| 8 | registration under this Section shall be renewed upon | ||||||
| 9 | application and
payment of a non-refundable biennial $200 fee, | ||||||
| 10 | subject to revocation as
provided by this Law, for additional | ||||||
| 11 | 2-year periods from the date of its
expiration unless otherwise | ||||||
| 12 | notified by the Department.
| ||||||
| 13 | Upon notification by the Department that an applicant has | ||||||
| 14 | been
registered as a self-assessing purchaser, the delivering | ||||||
| 15 | supplier is no longer
required to collect the tax imposed by | ||||||
| 16 | this Act for the accounts specifically
listed by the | ||||||
| 17 | self-assessing purchaser, until the delivering supplier is
| ||||||
| 18 | notified by the Department as set forth below that the | ||||||
| 19 | self-assessing
purchaser's certificate of registration has | ||||||
| 20 | been expired, revoked, or
denied.
| ||||||
| 21 | The Department may deny a certificate of registration to | ||||||
| 22 | any
applicant if the owner, any partner, any manager or member | ||||||
| 23 | of a limited
liability company, or a corporate officer of the | ||||||
| 24 | applicant, is or has been the
owner, a partner, a manager or | ||||||
| 25 | member of a limited liability company, or a
corporate officer, | ||||||
| 26 | of another self-assessing purchaser that is in default for
| ||||||
| |||||||
| |||||||
| 1 | moneys due under this Law.
| ||||||
| 2 | Any person aggrieved by any decision of the Department | ||||||
| 3 | under this
Section may, within 20 days after notice of such | ||||||
| 4 | decision, protest and
request a hearing, whereupon the | ||||||
| 5 | Department shall give notice to such
person of the time and | ||||||
| 6 | place fixed for such hearing and shall hold a hearing
in | ||||||
| 7 | conformity with the provisions of this Law and then issue its | ||||||
| 8 | final
administrative decision in the matter to such person. In | ||||||
| 9 | the absence of
such a protest within 20 days, the Department's | ||||||
| 10 | decision shall become final
without any further determination | ||||||
| 11 | being made or notice given. Upon the
expiration, revocation, or | ||||||
| 12 | denial of a certificate of registration as a
self-assessing | ||||||
| 13 | purchaser, the Department of Revenue shall provide written
| ||||||
| 14 | notice
of the expiration, revocation, or denial of the | ||||||
| 15 | certificate to the
self-assessing purchaser's delivering | ||||||
| 16 | supplier or suppliers.
| ||||||
| 17 | (Source: P.A. 90-561, eff. 8-1-98; 90-624, eff. 7-10-98; | ||||||
| 18 | revised 10-13-15.)
| ||||||
| 19 | Section 180. The Illinois Pension Code is amended by | ||||||
| 20 | changing Sections 7-172.1 and 16-152 as follows:
| ||||||
| 21 | (40 ILCS 5/7-172.1) (from Ch. 108 1/2, par. 7-172.1)
| ||||||
| 22 | Sec. 7-172.1. Actions to enforce payments by | ||||||
| 23 | municipalities and
instrumentalities. | ||||||
| 24 | (a) If any participating municipality or participating
| ||||||
| |||||||
| |||||||
| 1 | instrumentality fails to transmit to the Fund contributions | ||||||
| 2 | required of it
under this Article or contributions collected by | ||||||
| 3 | it from its participating
employees for the purposes of this | ||||||
| 4 | Article for more than
60 days after the payment of such | ||||||
| 5 | contributions is due, the Fund, after
giving notice to such | ||||||
| 6 | municipality or instrumentality, may certify to
the State | ||||||
| 7 | Comptroller the amounts of such delinquent payments in | ||||||
| 8 | accordance with any applicable rules of the Comptroller, and | ||||||
| 9 | the
Comptroller shall deduct the amounts so certified or any | ||||||
| 10 | part thereof
from any payments of State funds to the | ||||||
| 11 | municipality or instrumentality
involved and shall remit the | ||||||
| 12 | amount so deducted to the Fund. If State
funds from which such | ||||||
| 13 | deductions may be made are not available, the Fund
may proceed | ||||||
| 14 | against the municipality or instrumentality to recover the
| ||||||
| 15 | amounts of such delinquent payments in the appropriate circuit | ||||||
| 16 | court.
| ||||||
| 17 | (b) If any participating municipality fails to transmit to | ||||||
| 18 | the Fund
contributions required of it under this Article or | ||||||
| 19 | contributions collected
by it from its participating employees | ||||||
| 20 | for the purposes of this Article for
more than 60 days after | ||||||
| 21 | the payment of such contributions is due, the Fund,
after | ||||||
| 22 | giving notice to such municipality, may certify the fact of | ||||||
| 23 | such
delinquent payment to the county treasurer of the county | ||||||
| 24 | in which such
municipality is located, who shall thereafter | ||||||
| 25 | remit the amounts collected
from the tax levied by the | ||||||
| 26 | municipality under Section 7-171 directly to
the Fund.
| ||||||
| |||||||
| |||||||
| 1 | (c) If reports furnished to the Fund by the municipality or
| ||||||
| 2 | instrumentality involved are inadequate for the computation of | ||||||
| 3 | the
amounts of such delinquent payments, the Fund may provide | ||||||
| 4 | for such audit
of the records of the municipality or | ||||||
| 5 | instrumentality as may be required
to establish the amounts of | ||||||
| 6 | such delinquent payments. The municipality
or instrumentality | ||||||
| 7 | shall make its records available to the Fund for the
purpose of | ||||||
| 8 | such audit. The cost of such audit shall be added to the
amount | ||||||
| 9 | of the delinquent payments and shall be recovered by the Fund
| ||||||
| 10 | from the municipality or instrumentality at the same time and | ||||||
| 11 | in the
same manner as the delinquent payments are recovered.
| ||||||
| 12 | (Source: P.A. 99-8, eff. 7-9-15; 99-239, eff. 8-3-15; revised | ||||||
| 13 | 10-8-15.)
| ||||||
| 14 | (40 ILCS 5/16-152) (from Ch. 108 1/2, par. 16-152)
| ||||||
| 15 | (Text of Section WITH the changes made by P.A. 98-599, | ||||||
| 16 | which has been held unconstitutional)
| ||||||
| 17 | Sec. 16-152. Contributions by members.
| ||||||
| 18 | (a) Except as provided in subsection (a-5), each member | ||||||
| 19 | shall make contributions for membership service to this
System | ||||||
| 20 | as follows:
| ||||||
| 21 | (1) Effective July 1, 1998, contributions of 7.50% of | ||||||
| 22 | salary towards the
cost of the retirement annuity. Such | ||||||
| 23 | contributions shall be deemed "normal
contributions".
| ||||||
| 24 | (2) Effective July 1, 1969 and, in the case of Tier 1 | ||||||
| 25 | members, ending on June 30, 2014, contributions of 1/2 of | ||||||
| |||||||
| |||||||
| 1 | 1% of salary toward
the cost of the automatic annual | ||||||
| 2 | increase in retirement annuity provided
under Section | ||||||
| 3 | 16-133.1.
| ||||||
| 4 | (3) Effective July 24, 1959, contributions of 1% of | ||||||
| 5 | salary towards the
cost of survivor benefits. Such | ||||||
| 6 | contributions shall not be credited to
the individual | ||||||
| 7 | account of the member and shall not be subject to refund
| ||||||
| 8 | except as provided under Section 16-143.2.
| ||||||
| 9 | (4) Effective July 1, 2005, contributions of 0.40% of | ||||||
| 10 | salary toward the cost of the early retirement without | ||||||
| 11 | discount option provided under Section 16-133.2. This | ||||||
| 12 | contribution shall cease upon termination of the early | ||||||
| 13 | retirement without discount option as provided in Section | ||||||
| 14 | 16-133.2.
| ||||||
| 15 | (a-5) Beginning July 1, 2014, in lieu of the contribution | ||||||
| 16 | otherwise required under paragraph (1) of subsection (a), each | ||||||
| 17 | Tier 1 member shall contribute 7% of salary towards the cost of | ||||||
| 18 | the retirement annuity. Contributions made pursuant to this | ||||||
| 19 | subsection (a-5) shall be deemed "normal contributions". | ||||||
| 20 | (b) The minimum required contribution for any year of | ||||||
| 21 | full-time
teaching service shall be $192.
| ||||||
| 22 | (c) Contributions shall not be required of any annuitant | ||||||
| 23 | receiving
a retirement annuity who is given employment as | ||||||
| 24 | permitted under Section 16-118 or 16-150.1.
| ||||||
| 25 | (d) A person who (i) was a member before July 1, 1998, (ii) | ||||||
| 26 | retires with
more than 34 years of creditable service, and | ||||||
| |||||||
| |||||||
| 1 | (iii) does not elect to qualify
for the augmented rate under | ||||||
| 2 | Section 16-129.1 shall be entitled, at the time
of retirement, | ||||||
| 3 | to receive a partial refund of contributions made under this
| ||||||
| 4 | Section for service occurring after the later of June 30, 1998 | ||||||
| 5 | or attainment
of 34 years of creditable service, in an amount | ||||||
| 6 | equal to 1.00% of the salary
upon which those contributions | ||||||
| 7 | were based.
| ||||||
| 8 | (e) A member's contributions toward the cost of early | ||||||
| 9 | retirement without discount made under item (a)(4) of this | ||||||
| 10 | Section shall not be refunded if the member has elected early | ||||||
| 11 | retirement without discount under Section 16-133.2 and has | ||||||
| 12 | begun to receive a retirement annuity under this Article | ||||||
| 13 | calculated in accordance with that election. Otherwise, a | ||||||
| 14 | member's contributions toward the cost of early retirement | ||||||
| 15 | without discount made under item (a)(4) of this Section shall | ||||||
| 16 | be refunded according to whichever one of the following | ||||||
| 17 | circumstances occurs first: | ||||||
| 18 | (1) The contributions shall be refunded to the member, | ||||||
| 19 | without interest, within 120 days after the member's | ||||||
| 20 | retirement annuity commences, if the member does not elect | ||||||
| 21 | early retirement without discount under Section 16-133.2. | ||||||
| 22 | (2) The contributions shall be included, without | ||||||
| 23 | interest, in any refund claimed by the member under Section | ||||||
| 24 | 16-151. | ||||||
| 25 | (3) The contributions shall be refunded to the member's | ||||||
| 26 | designated beneficiary (or if there is no beneficiary, to | ||||||
| |||||||
| |||||||
| 1 | the member's estate), without interest, if the member dies | ||||||
| 2 | without having begun to receive a retirement annuity under | ||||||
| 3 | this Article. | ||||||
| 4 | (4) The contributions shall be refunded to the member, | ||||||
| 5 | without interest, if the early retirement without discount | ||||||
| 6 | option provided under subsection (d) of Section 16-133.2 is | ||||||
| 7 | terminated. In that event, the System shall provide to the | ||||||
| 8 | member, within 120 days after the option is terminated, an | ||||||
| 9 | application for a refund of those contributions. | ||||||
| 10 | (Source: P.A. 98-42, eff. 6-28-13; 98-92, eff. 7-16-13; 98-599, | ||||||
| 11 | eff. 6-1-14.)
| ||||||
| 12 | (Text of Section WITHOUT the changes made by P.A. 98-599, | ||||||
| 13 | which has been held unconstitutional)
| ||||||
| 14 | Sec. 16-152. Contributions by members.
| ||||||
| 15 | (a) Each member shall make contributions for membership | ||||||
| 16 | service to this
System as follows:
| ||||||
| 17 | (1) Effective July 1, 1998, contributions of 7.50% of | ||||||
| 18 | salary towards the
cost of the retirement annuity. Such | ||||||
| 19 | contributions shall be deemed "normal
contributions".
| ||||||
| 20 | (2) Effective July 1, 1969, contributions of 1/2 of 1% | ||||||
| 21 | of salary toward
the cost of the automatic annual increase | ||||||
| 22 | in retirement annuity provided
under Section 16-133.1.
| ||||||
| 23 | (3) Effective July 24, 1959, contributions of 1% of | ||||||
| 24 | salary towards the
cost of survivor benefits. Such | ||||||
| 25 | contributions shall not be credited to
the individual | ||||||
| |||||||
| |||||||
| 1 | account of the member and shall not be subject to refund
| ||||||
| 2 | except as provided under Section 16-143.2.
| ||||||
| 3 | (4) Effective July 1, 2005, contributions of 0.40% of | ||||||
| 4 | salary toward the cost of the early retirement without | ||||||
| 5 | discount option provided under Section 16-133.2. This | ||||||
| 6 | contribution shall cease upon termination of the early | ||||||
| 7 | retirement without discount option as provided in Section | ||||||
| 8 | 16-133.2.
| ||||||
| 9 | (b) The minimum required contribution for any year of | ||||||
| 10 | full-time
teaching service shall be $192.
| ||||||
| 11 | (c) Contributions shall not be required of any annuitant | ||||||
| 12 | receiving
a retirement annuity who is given employment as | ||||||
| 13 | permitted under Section 16-118 or 16-150.1.
| ||||||
| 14 | (d) A person who (i) was a member before July 1, 1998, (ii) | ||||||
| 15 | retires with
more than 34 years of creditable service, and | ||||||
| 16 | (iii) does not elect to qualify
for the augmented rate under | ||||||
| 17 | Section 16-129.1 shall be entitled, at the time
of retirement, | ||||||
| 18 | to receive a partial refund of contributions made under this
| ||||||
| 19 | Section for service occurring after the later of June 30, 1998 | ||||||
| 20 | or attainment
of 34 years of creditable service, in an amount | ||||||
| 21 | equal to 1.00% of the salary
upon which those contributions | ||||||
| 22 | were based.
| ||||||
| 23 | (e) A member's contributions toward the cost of early | ||||||
| 24 | retirement without discount made under item (a)(4) of this | ||||||
| 25 | Section shall not be refunded if the member has elected early | ||||||
| 26 | retirement without discount under Section 16-133.2 and has | ||||||
| |||||||
| |||||||
| 1 | begun to receive a retirement annuity under this Article | ||||||
| 2 | calculated in accordance with that election. Otherwise, a | ||||||
| 3 | member's contributions toward the cost of early retirement | ||||||
| 4 | without discount made under item (a)(4) of this Section shall | ||||||
| 5 | be refunded according to whichever one of the following | ||||||
| 6 | circumstances occurs first: | ||||||
| 7 | (1) The contributions shall be refunded to the member, | ||||||
| 8 | without interest, within 120 days after the member's | ||||||
| 9 | retirement annuity commences, if the member does not elect | ||||||
| 10 | early retirement without discount under Section 16-133.2. | ||||||
| 11 | (2) The contributions shall be included, without | ||||||
| 12 | interest, in any refund claimed by the member under Section | ||||||
| 13 | 16-151. | ||||||
| 14 | (3) The contributions shall be refunded to the member's | ||||||
| 15 | designated beneficiary (or if there is no beneficiary, to | ||||||
| 16 | the member's estate), without interest, if the member dies | ||||||
| 17 | without having begun to receive a retirement annuity under | ||||||
| 18 | this Article. | ||||||
| 19 | (4) The contributions shall be refunded to the member, | ||||||
| 20 | without interest, if the early retirement without discount | ||||||
| 21 | option provided under subsection (d) of Section 16-133.2 is | ||||||
| 22 | terminated. In that event, the System shall provide to the | ||||||
| 23 | member, within 120 days after the option is terminated, an | ||||||
| 24 | application for a refund of those contributions. | ||||||
| 25 | (Source: P.A. 98-42, eff. 6-28-13; 98-92, eff. 7-16-13; revised | ||||||
| 26 | 7-23-13.)
| ||||||
| |||||||
| |||||||
| 1 | Section 185. The Innovation Development and Economy Act is | ||||||
| 2 | amended by changing Sections 10 and 40 as follows:
| ||||||
| 3 | (50 ILCS 470/10)
| ||||||
| 4 | Sec. 10. Definitions. As used in this Act, the following | ||||||
| 5 | words and phrases shall have the following meanings unless a | ||||||
| 6 | different meaning clearly appears from the context: | ||||||
| 7 | "Base year" means the calendar year immediately prior to | ||||||
| 8 | the calendar year in which the STAR bond district is | ||||||
| 9 | established.
| ||||||
| 10 | "Commence work" means the manifest commencement of actual | ||||||
| 11 | operations on the development site, such as, erecting a | ||||||
| 12 | building, general on-site and off-site grading and utility | ||||||
| 13 | installations, commencing design and construction | ||||||
| 14 | documentation, ordering lead-time materials, excavating the | ||||||
| 15 | ground to lay a foundation or a basement, or work of like | ||||||
| 16 | description which a reasonable person would recognize as being | ||||||
| 17 | done with the intention and purpose to continue work until the | ||||||
| 18 | project is completed.
| ||||||
| 19 | "County" means the county in which a proposed STAR bond | ||||||
| 20 | district is located.
| ||||||
| 21 | "De minimis minimus" means an amount less than 15% of the | ||||||
| 22 | land area within a STAR bond district.
| ||||||
| 23 | "Department of Revenue" means the Department of Revenue of | ||||||
| 24 | the State of Illinois.
| ||||||
| |||||||
| |||||||
| 1 | "Destination user" means an owner, operator, licensee, | ||||||
| 2 | co-developer, subdeveloper, or tenant (i) that operates a | ||||||
| 3 | business within a STAR bond district that is a retail store | ||||||
| 4 | having at least 150,000 square feet of sales floor area; (ii) | ||||||
| 5 | that at the time of opening does not have another Illinois | ||||||
| 6 | location within a 70 mile radius; (iii) that has an annual | ||||||
| 7 | average of not less than 30% of customers who travel from at | ||||||
| 8 | least 75 miles away or from out-of-state, as demonstrated by | ||||||
| 9 | data from a comparable existing store or stores, or, if there | ||||||
| 10 | is no comparable existing store, as demonstrated by an economic | ||||||
| 11 | analysis that shows that the proposed retailer will have an | ||||||
| 12 | annual average of not less than 30% of customers who travel | ||||||
| 13 | from at least 75 miles away or from out-of-state; and (iv) that | ||||||
| 14 | makes an initial capital investment, including project costs | ||||||
| 15 | and other direct costs, of not less than $30,000,000 for such | ||||||
| 16 | retail store. | ||||||
| 17 | "Destination hotel" means a hotel (as that term is defined | ||||||
| 18 | in Section 2 of the Hotel Operators' Occupation Tax Act) | ||||||
| 19 | complex having at least 150 guest rooms and which also includes | ||||||
| 20 | a venue for entertainment attractions, rides, or other | ||||||
| 21 | activities oriented toward the entertainment and amusement of | ||||||
| 22 | its guests and other patrons. | ||||||
| 23 | "Developer" means any individual, corporation, trust, | ||||||
| 24 | estate, partnership, limited liability partnership, limited | ||||||
| 25 | liability company, or other entity. The term does not include a | ||||||
| 26 | not-for-profit entity, political subdivision, or other agency | ||||||
| |||||||
| |||||||
| 1 | or instrumentality of the State.
| ||||||
| 2 | "Director" means the Director of Revenue, who shall consult | ||||||
| 3 | with the Director of Commerce and Economic Opportunity in any | ||||||
| 4 | approvals or decisions required by the Director under this Act.
| ||||||
| 5 | "Economic impact study" means a study conducted by an | ||||||
| 6 | independent economist to project the financial benefit of the | ||||||
| 7 | proposed STAR bond project to the local, regional, and State | ||||||
| 8 | economies, consider the proposed adverse impacts on similar | ||||||
| 9 | projects and businesses, as well as municipalities within the | ||||||
| 10 | projected market area, and draw conclusions about the net | ||||||
| 11 | effect of the proposed STAR bond project on the local, | ||||||
| 12 | regional, and State economies. A copy of the economic impact | ||||||
| 13 | study shall be provided to the Director for review. | ||||||
| 14 | "Eligible area" means any improved or vacant area that (i) | ||||||
| 15 | is contiguous and is not, in the aggregate, less than 250 acres | ||||||
| 16 | nor more than 500 acres which must include only parcels of real | ||||||
| 17 | property directly and substantially benefited by the proposed | ||||||
| 18 | STAR bond district plan, (ii) is adjacent to a federal | ||||||
| 19 | interstate highway, (iii) is within one mile of 2 State | ||||||
| 20 | highways, (iv) is within one mile of an entertainment user, or | ||||||
| 21 | a major or minor league sports stadium or other similar | ||||||
| 22 | entertainment venue that had an initial capital investment of | ||||||
| 23 | at least $20,000,000, and (v) includes land that was previously | ||||||
| 24 | surface or strip mined. The area may be bisected by streets, | ||||||
| 25 | highways, roads, alleys, railways, bike paths, streams, | ||||||
| 26 | rivers, and other waterways and still be deemed contiguous. In | ||||||
| |||||||
| |||||||
| 1 | addition, in order to constitute an eligible area one of the | ||||||
| 2 | following requirements must be satisfied and all of which are | ||||||
| 3 | subject to the review and approval of the Director as provided | ||||||
| 4 | in subsection (d) of Section 15:
| ||||||
| 5 | (a) the governing body of the political subdivision | ||||||
| 6 | shall have determined that the area meets the requirements | ||||||
| 7 | of a "blighted area" as defined under the Tax Increment | ||||||
| 8 | Allocation Redevelopment Act;
or | ||||||
| 9 | (b) the governing body of the political subdivision | ||||||
| 10 | shall have determined that the area is a blighted area as | ||||||
| 11 | determined under the provisions of Section 11-74.3-5 of the | ||||||
| 12 | Illinois Municipal Code;
or | ||||||
| 13 | (c) the governing body of the political subdivision | ||||||
| 14 | shall make the following findings:
| ||||||
| 15 | (i) that the vacant portions of the area have | ||||||
| 16 | remained vacant for at least one year, or that any | ||||||
| 17 | building located on a vacant portion of the property | ||||||
| 18 | was demolished within the last year and that the | ||||||
| 19 | building would have qualified under item (ii) of this | ||||||
| 20 | subsection;
| ||||||
| 21 | (ii) if portions of the area are currently | ||||||
| 22 | developed, that the use, condition, and character of | ||||||
| 23 | the buildings on the property are not consistent with | ||||||
| 24 | the purposes set forth in Section 5;
| ||||||
| 25 | (iii) that the STAR bond district is expected to | ||||||
| 26 | create or retain job opportunities within the | ||||||
| |||||||
| |||||||
| 1 | political subdivision;
| ||||||
| 2 | (iv) that the STAR bond district will serve to | ||||||
| 3 | further the development of adjacent areas;
| ||||||
| 4 | (v) that without the availability of STAR bonds, | ||||||
| 5 | the projects described in the STAR bond district plan | ||||||
| 6 | would not be possible;
| ||||||
| 7 | (vi) that the master developer meets high | ||||||
| 8 | standards of creditworthiness and financial strength | ||||||
| 9 | as demonstrated by one or more of the following: (i) | ||||||
| 10 | corporate debenture ratings of BBB or higher by | ||||||
| 11 | Standard & Poor's Corporation or Baa or higher by | ||||||
| 12 | Moody's Investors Service, Inc.; (ii) a letter from a | ||||||
| 13 | financial institution with assets of $10,000,000 or | ||||||
| 14 | more attesting to the financial strength of the master | ||||||
| 15 | developer; or (iii) specific evidence of equity | ||||||
| 16 | financing for not less than 10% of the estimated total | ||||||
| 17 | STAR bond project costs;
| ||||||
| 18 | (vii) that the STAR bond district will strengthen | ||||||
| 19 | the commercial sector of the political subdivision;
| ||||||
| 20 | (viii) that the STAR bond district will enhance the | ||||||
| 21 | tax base of the political subdivision; and
| ||||||
| 22 | (ix) that the formation of a STAR bond district is | ||||||
| 23 | in the best interest of the political subdivision.
| ||||||
| 24 | "Entertainment user" means an owner, operator, licensee, | ||||||
| 25 | co-developer, subdeveloper, or tenant that operates a business | ||||||
| 26 | within a STAR bond district that has a primary use of providing | ||||||
| |||||||
| |||||||
| 1 | a venue for entertainment attractions, rides, or other | ||||||
| 2 | activities oriented toward the entertainment and amusement of | ||||||
| 3 | its patrons, occupies at least 20 acres of land in the STAR | ||||||
| 4 | bond district, and makes an initial capital investment, | ||||||
| 5 | including project costs and other direct and indirect costs, of | ||||||
| 6 | not less than $25,000,000 for that venue. | ||||||
| 7 | "Feasibility study" means a feasibility study as defined in | ||||||
| 8 | subsection (b) of Section 20.
| ||||||
| 9 | "Infrastructure" means the public improvements and private | ||||||
| 10 | improvements that serve the public purposes set forth in | ||||||
| 11 | Section 5 of this Act and that benefit the STAR bond district | ||||||
| 12 | or any STAR bond projects, including, but not limited to, | ||||||
| 13 | streets, drives and driveways, traffic and directional signs | ||||||
| 14 | and signals, parking lots and parking facilities, | ||||||
| 15 | interchanges, highways, sidewalks, bridges, underpasses and | ||||||
| 16 | overpasses, bike and walking trails, sanitary storm sewers and | ||||||
| 17 | lift stations, drainage conduits, channels, levees, canals, | ||||||
| 18 | storm water detention and retention facilities, utilities and | ||||||
| 19 | utility connections, water mains and extensions, and street and | ||||||
| 20 | parking lot lighting and connections. | ||||||
| 21 | "Local sales taxes" means any locally imposed taxes | ||||||
| 22 | received by a municipality, county, or other local governmental | ||||||
| 23 | entity arising from sales by retailers and servicemen within a | ||||||
| 24 | STAR bond district, including business district sales taxes and | ||||||
| 25 | STAR bond occupation taxes, and that portion of the net revenue | ||||||
| 26 | realized under the Retailers' Occupation Tax Act, the Use Tax | ||||||
| |||||||
| |||||||
| 1 | Act, the Service Use Tax Act, and the Service Occupation Tax | ||||||
| 2 | Act from transactions at places of business located within a | ||||||
| 3 | STAR bond district that is deposited into the Local Government | ||||||
| 4 | Tax Fund and the County and Mass Transit District Fund. For the | ||||||
| 5 | purpose of this Act, "local sales taxes" does not include (i) | ||||||
| 6 | any taxes authorized pursuant to the Local Mass Transit | ||||||
| 7 | District Act or the Metro-East Park and Recreation District Act | ||||||
| 8 | for so long as the applicable taxing district does not impose a | ||||||
| 9 | tax on real property, (ii) county school facility occupation | ||||||
| 10 | taxes imposed pursuant to Section 5-1006.7 of the Counties | ||||||
| 11 | Code, or (iii) any taxes authorized under the Flood Prevention | ||||||
| 12 | District Act. | ||||||
| 13 | "Local sales tax increment" means, with respect to local | ||||||
| 14 | sales taxes administered by the Illinois Department of Revenue, | ||||||
| 15 | (i) all of the local sales tax paid by destination users, | ||||||
| 16 | destination hotels, and entertainment users that is in excess | ||||||
| 17 | of the local sales tax paid by destination users, destination | ||||||
| 18 | hotels, and entertainment users for the same month in the base | ||||||
| 19 | year, as determined by the Illinois Department of Revenue, (ii) | ||||||
| 20 | in the case of a municipality forming a STAR bond district that | ||||||
| 21 | is wholly within the corporate boundaries of the municipality | ||||||
| 22 | and in the case of a municipality and county forming a STAR | ||||||
| 23 | bond district that is only partially within such municipality, | ||||||
| 24 | that portion of the local sales tax paid by taxpayers that are | ||||||
| 25 | not destination users, destination hotels, or entertainment | ||||||
| 26 | users that is in excess of the local sales tax paid by | ||||||
| |||||||
| |||||||
| 1 | taxpayers that are not destination users, destination hotels, | ||||||
| 2 | or entertainment users for the same month in the base year, as | ||||||
| 3 | determined by the Illinois Department of Revenue, and (iii) in | ||||||
| 4 | the case of a county in which a STAR bond district is formed | ||||||
| 5 | that is wholly within a municipality, that portion of the local | ||||||
| 6 | sales tax paid by taxpayers that are not destination users, | ||||||
| 7 | destination hotels, or entertainment users that is in excess of | ||||||
| 8 | the local sales tax paid by taxpayers that are not destination | ||||||
| 9 | users, destination hotels, or entertainment users for the same | ||||||
| 10 | month in the base year, as determined by the Illinois | ||||||
| 11 | Department of Revenue, but only if the corporate authorities of | ||||||
| 12 | the county adopts an ordinance, and files a copy with the | ||||||
| 13 | Department within the same time frames as required for STAR | ||||||
| 14 | bond occupation taxes under Section 31, that designates the | ||||||
| 15 | taxes referenced in this clause (iii) as part of the local | ||||||
| 16 | sales tax increment under this Act. "Local sales tax increment" | ||||||
| 17 | means, with respect to local sales taxes administered by a | ||||||
| 18 | municipality, county, or other unit of local government, that | ||||||
| 19 | portion of the local sales tax that is in excess of the local | ||||||
| 20 | sales tax for the same month in the base year, as determined by | ||||||
| 21 | the respective municipality, county, or other unit of local | ||||||
| 22 | government. If any portion of local sales taxes are, at the | ||||||
| 23 | time of formation of a STAR bond district, already subject to | ||||||
| 24 | tax increment financing under the Tax Increment Allocation | ||||||
| 25 | Redevelopment Act, then the local sales tax increment for such | ||||||
| 26 | portion shall be frozen at the base year established in | ||||||
| |||||||
| |||||||
| 1 | accordance with this Act, and all future incremental increases | ||||||
| 2 | shall be included in the "local sales tax increment" under this | ||||||
| 3 | Act. Any party otherwise entitled to receipt of incremental | ||||||
| 4 | local sales tax revenues through an existing tax increment | ||||||
| 5 | financing district shall be entitled to continue to receive | ||||||
| 6 | such revenues up to the amount frozen in the base year. Nothing | ||||||
| 7 | in this Act shall affect the prior qualification of existing | ||||||
| 8 | redevelopment project costs incurred that are eligible for | ||||||
| 9 | reimbursement under the Tax Increment Allocation Redevelopment | ||||||
| 10 | Act. In such event, prior to approving a STAR bond district, | ||||||
| 11 | the political subdivision forming the STAR bond district shall | ||||||
| 12 | take such action as is necessary, including amending the | ||||||
| 13 | existing tax increment financing district redevelopment plan, | ||||||
| 14 | to carry out the provisions of this Act. The Illinois | ||||||
| 15 | Department of Revenue shall allocate the local sales tax | ||||||
| 16 | increment only if the local sales tax is administered by the | ||||||
| 17 | Department. | ||||||
| 18 | "Market study" means a study to determine the ability of | ||||||
| 19 | the proposed STAR bond project to gain market share locally and | ||||||
| 20 | regionally and to remain profitable past the term of repayment | ||||||
| 21 | of STAR bonds.
| ||||||
| 22 | "Master developer" means a developer cooperating with a | ||||||
| 23 | political subdivision to plan, develop, and implement a STAR | ||||||
| 24 | bond project plan for a STAR bond district. Subject to the | ||||||
| 25 | limitations of Section 25, the master developer may work with | ||||||
| 26 | and transfer certain development rights to other developers for | ||||||
| |||||||
| |||||||
| 1 | the purpose of implementing STAR bond project plans and | ||||||
| 2 | achieving the purposes of this Act. A master developer for a | ||||||
| 3 | STAR bond district shall be appointed by a political | ||||||
| 4 | subdivision in the resolution establishing the STAR bond | ||||||
| 5 | district, and the master developer must, at the time of | ||||||
| 6 | appointment, own or have control of, through purchase | ||||||
| 7 | agreements, option contracts, or other means, not less than 50% | ||||||
| 8 | of the acreage within the STAR bond district and the master | ||||||
| 9 | developer or its affiliate must have ownership or control on | ||||||
| 10 | June 1, 2010. | ||||||
| 11 | "Master development agreement" means an agreement between | ||||||
| 12 | the master developer and the political subdivision to govern a | ||||||
| 13 | STAR bond district and any STAR bond projects.
| ||||||
| 14 | "Municipality" means the city, village, or incorporated | ||||||
| 15 | town in which a proposed STAR bond district is located.
| ||||||
| 16 | "Pledged STAR revenues" means those sales tax and revenues | ||||||
| 17 | and other sources of funds pledged to pay debt service on STAR | ||||||
| 18 | bonds or to pay project costs pursuant to Section 30. | ||||||
| 19 | Notwithstanding any provision to the contrary, the following | ||||||
| 20 | revenues shall not constitute pledged STAR revenues or be | ||||||
| 21 | available to pay principal and interest on STAR bonds: any | ||||||
| 22 | State sales tax increment or local sales tax increment from a | ||||||
| 23 | retail entity initiating operations in a STAR bond district | ||||||
| 24 | while terminating operations at another Illinois location | ||||||
| 25 | within 25 miles of the STAR bond district. For purposes of this | ||||||
| 26 | paragraph, "terminating operations" means a closing of a retail | ||||||
| |||||||
| |||||||
| 1 | operation that is directly related to the opening of the same | ||||||
| 2 | operation or like retail entity owned or operated by more than | ||||||
| 3 | 50% of the original ownership in a STAR bond district within | ||||||
| 4 | one year before or after initiating operations in the STAR bond | ||||||
| 5 | district, but it does not mean closing an operation for reasons | ||||||
| 6 | beyond the control of the retail entity, as documented by the | ||||||
| 7 | retail entity, subject to a reasonable finding by the | ||||||
| 8 | municipality (or county if such retail operation is not located | ||||||
| 9 | within a municipality) in which the terminated operations were | ||||||
| 10 | located that the closed location contained inadequate space, | ||||||
| 11 | had become economically obsolete, or was no longer a viable | ||||||
| 12 | location for the retailer or serviceman. | ||||||
| 13 | "Political subdivision" means a municipality or county | ||||||
| 14 | which undertakes to establish a STAR bond district pursuant to | ||||||
| 15 | the provisions of this Act. | ||||||
| 16 | "Project costs" means and includes the sum total of all | ||||||
| 17 | costs incurred or estimated to be incurred on or following the | ||||||
| 18 | date of establishment of a STAR bond district that are | ||||||
| 19 | reasonable or necessary to implement a STAR bond district plan | ||||||
| 20 | or any STAR bond project plans, or both, including costs | ||||||
| 21 | incurred for public improvements and private improvements that | ||||||
| 22 | serve the public purposes set forth in Section 5 of this Act. | ||||||
| 23 | Such costs include without limitation the following: | ||||||
| 24 | (a) costs of studies, surveys, development of plans and | ||||||
| 25 | specifications, formation, implementation, and | ||||||
| 26 | administration of a STAR bond district, STAR bond district | ||||||
| |||||||
| |||||||
| 1 | plan, any STAR bond projects, or any STAR bond project | ||||||
| 2 | plans, including, but not limited to, staff and | ||||||
| 3 | professional service costs for architectural, engineering, | ||||||
| 4 | legal, financial, planning, or other services, provided | ||||||
| 5 | however that no charges for professional services may be | ||||||
| 6 | based on a percentage of the tax increment collected and no | ||||||
| 7 | contracts for professional services, excluding | ||||||
| 8 | architectural and engineering services, may be entered | ||||||
| 9 | into if the terms of the contract extend beyond a period of | ||||||
| 10 | 3 years; | ||||||
| 11 | (b) property assembly costs, including, but not | ||||||
| 12 | limited to, acquisition of land and other real property or | ||||||
| 13 | rights or interests therein, located within the boundaries | ||||||
| 14 | of a STAR bond district, demolition of buildings, site | ||||||
| 15 | preparation, site improvements that serve as an engineered | ||||||
| 16 | barrier addressing ground level or below ground | ||||||
| 17 | environmental contamination, including, but not limited | ||||||
| 18 | to, parking lots and other concrete or asphalt barriers, | ||||||
| 19 | the clearing and grading of land, and importing additional | ||||||
| 20 | soil and fill materials, or removal of soil and fill | ||||||
| 21 | materials from the site; | ||||||
| 22 | (c) subject to paragraph (d), costs of buildings and | ||||||
| 23 | other vertical improvements that are located within the | ||||||
| 24 | boundaries of a STAR bond district and owned by a political | ||||||
| 25 | subdivision or other public entity, including without | ||||||
| 26 | limitation police and fire stations, educational | ||||||
| |||||||
| |||||||
| 1 | facilities, and public restrooms and rest areas; | ||||||
| 2 | (c-1) costs of buildings and other vertical | ||||||
| 3 | improvements that are located within the boundaries of a | ||||||
| 4 | STAR bond district and owned by a destination user or | ||||||
| 5 | destination hotel; except that only 2 destination users in | ||||||
| 6 | a STAR bond district and one destination hotel are eligible | ||||||
| 7 | to include the cost of those vertical improvements as | ||||||
| 8 | project costs; | ||||||
| 9 | (c-5) costs of buildings; rides and attractions, which | ||||||
| 10 | include carousels, slides, roller coasters, displays, | ||||||
| 11 | models, towers, works of art, and similar theme and | ||||||
| 12 | amusement park improvements; and other vertical | ||||||
| 13 | improvements that are located within the boundaries of a | ||||||
| 14 | STAR bond district and owned by an entertainment user; | ||||||
| 15 | except that only one entertainment user in a STAR bond | ||||||
| 16 | district is eligible to include the cost of those vertical | ||||||
| 17 | improvements as project costs; | ||||||
| 18 | (d) costs of the design and construction of | ||||||
| 19 | infrastructure and public works located within the | ||||||
| 20 | boundaries of a STAR bond district that are reasonable or | ||||||
| 21 | necessary to implement a STAR bond district plan or any | ||||||
| 22 | STAR bond project plans, or both, except that project costs | ||||||
| 23 | shall not include the cost of constructing a new municipal | ||||||
| 24 | public building principally used to provide offices, | ||||||
| 25 | storage space, or conference facilities or vehicle | ||||||
| 26 | storage, maintenance, or repair for administrative, public | ||||||
| |||||||
| |||||||
| 1 | safety, or public works personnel and that is not intended | ||||||
| 2 | to replace an existing public building unless the political | ||||||
| 3 | subdivision makes a reasonable determination in a STAR bond | ||||||
| 4 | district plan or any STAR bond project plans, supported by | ||||||
| 5 | information that provides the basis for that | ||||||
| 6 | determination, that the new municipal building is required | ||||||
| 7 | to meet an increase in the need for public safety purposes | ||||||
| 8 | anticipated to result from the implementation of the STAR | ||||||
| 9 | bond district plan or any STAR bond project plans; | ||||||
| 10 | (e) costs of the design and construction of the | ||||||
| 11 | following improvements located outside the boundaries of a | ||||||
| 12 | STAR bond district, provided that the costs are essential | ||||||
| 13 | to further the purpose and development of a STAR bond | ||||||
| 14 | district plan and either (i) part of and connected to | ||||||
| 15 | sewer, water, or utility service lines that physically | ||||||
| 16 | connect to the STAR bond district or (ii) significant | ||||||
| 17 | improvements for adjacent offsite highways, streets, | ||||||
| 18 | roadways, and interchanges that are approved by the | ||||||
| 19 | Illinois Department of Transportation. No other cost of | ||||||
| 20 | infrastructure and public works improvements located | ||||||
| 21 | outside the boundaries of a STAR bond district may be | ||||||
| 22 | deemed project costs; | ||||||
| 23 | (f) costs of job training and retraining projects, | ||||||
| 24 | including the cost of "welfare to work" programs | ||||||
| 25 | implemented by businesses located within a STAR bond | ||||||
| 26 | district; | ||||||
| |||||||
| |||||||
| 1 | (g) financing costs, including, but not limited to, all | ||||||
| 2 | necessary and incidental expenses related to the issuance | ||||||
| 3 | of obligations and which may include payment of interest on | ||||||
| 4 | any obligations issued hereunder including interest | ||||||
| 5 | accruing during the estimated period of construction of any | ||||||
| 6 | improvements in a STAR bond district or any STAR bond | ||||||
| 7 | projects for which such obligations are issued and for not | ||||||
| 8 | exceeding 36 months thereafter and including reasonable | ||||||
| 9 | reserves related thereto; | ||||||
| 10 | (h) to the extent the political subdivision by written | ||||||
| 11 | agreement accepts and approves the same, all or a portion | ||||||
| 12 | of a taxing district's capital costs resulting from a STAR | ||||||
| 13 | bond district or STAR bond projects necessarily incurred or | ||||||
| 14 | to be incurred within a taxing district in furtherance of | ||||||
| 15 | the objectives of a STAR bond district plan or STAR bond | ||||||
| 16 | project plans; | ||||||
| 17 | (i) interest cost incurred by a developer for project | ||||||
| 18 | costs related to the acquisition, formation, | ||||||
| 19 | implementation, development, construction, and | ||||||
| 20 | administration of a STAR bond district, STAR bond district | ||||||
| 21 | plan, STAR bond projects, or any STAR bond project plans | ||||||
| 22 | provided that: | ||||||
| 23 | (i) payment of such costs in any one year may not | ||||||
| 24 | exceed 30% of the annual interest costs incurred by the | ||||||
| 25 | developer with regard to the STAR bond district or any | ||||||
| 26 | STAR bond projects during that year; and | ||||||
| |||||||
| |||||||
| 1 | (ii) the total of such interest payments paid | ||||||
| 2 | pursuant to this Act may not exceed 30% of the total | ||||||
| 3 | cost paid or incurred by the developer for a STAR bond | ||||||
| 4 | district or STAR bond projects, plus project costs, | ||||||
| 5 | excluding any property assembly costs incurred by a | ||||||
| 6 | political subdivision pursuant to this Act; | ||||||
| 7 | (j) costs of common areas located within the boundaries | ||||||
| 8 | of a STAR bond district; | ||||||
| 9 | (k) costs of landscaping and plantings, retaining | ||||||
| 10 | walls and fences, man-made lakes and ponds, shelters, | ||||||
| 11 | benches, lighting, and similar amenities located within | ||||||
| 12 | the boundaries of a STAR bond district; | ||||||
| 13 | (l) costs of mounted building signs, site monument, and | ||||||
| 14 | pylon signs located within the boundaries of a STAR bond | ||||||
| 15 | district; or | ||||||
| 16 | (m) if included in the STAR bond district plan and | ||||||
| 17 | approved in writing by the Director, salaries or a portion | ||||||
| 18 | of salaries for local government employees to the extent | ||||||
| 19 | the same are directly attributable to the work of such | ||||||
| 20 | employees on the establishment and management of a STAR | ||||||
| 21 | bond district or any STAR bond projects. | ||||||
| 22 | Except as specified in items (a) through (m), "project | ||||||
| 23 | costs" shall not include: | ||||||
| 24 | (i) the cost of construction of buildings that are | ||||||
| 25 | privately owned or owned by a municipality and leased to a | ||||||
| 26 | developer or retail user for non-entertainment retail | ||||||
| |||||||
| |||||||
| 1 | uses; | ||||||
| 2 | (ii) moving expenses for employees of the businesses | ||||||
| 3 | locating within the STAR bond district; | ||||||
| 4 | (iii) property taxes for property located in the STAR | ||||||
| 5 | bond district; | ||||||
| 6 | (iv) lobbying costs; and | ||||||
| 7 | (v) general overhead or administrative costs of the | ||||||
| 8 | political subdivision that would still have been incurred | ||||||
| 9 | by the political subdivision if the political subdivision | ||||||
| 10 | had not established a STAR bond district. | ||||||
| 11 | "Project development agreement" means any one or more | ||||||
| 12 | agreements, including any amendments thereto, between a master | ||||||
| 13 | developer and any co-developer or subdeveloper in connection | ||||||
| 14 | with a STAR bond project, which project development agreement | ||||||
| 15 | may include the political subdivision as a party.
| ||||||
| 16 | "Projected market area" means any area within the State in | ||||||
| 17 | which a STAR bond district or STAR bond project is projected to | ||||||
| 18 | have a significant fiscal or market impact as determined by the | ||||||
| 19 | Director.
| ||||||
| 20 | "Resolution" means a resolution, order, ordinance, or | ||||||
| 21 | other appropriate form of legislative action of a political | ||||||
| 22 | subdivision or other applicable public entity approved by a | ||||||
| 23 | vote of a majority of a quorum at a meeting of the governing | ||||||
| 24 | body of the political subdivision or applicable public entity.
| ||||||
| 25 | "STAR bond" means a sales tax and revenue bond, note, or | ||||||
| 26 | other obligation payable from pledged STAR revenues and issued | ||||||
| |||||||
| |||||||
| 1 | by a political subdivision, the proceeds of which shall be used | ||||||
| 2 | only to pay project costs as defined in this Act.
| ||||||
| 3 | "STAR bond district" means the specific area declared to be | ||||||
| 4 | an eligible area as determined by the political subdivision, | ||||||
| 5 | and approved by the Director, in which the political | ||||||
| 6 | subdivision may develop one or more STAR bond projects.
| ||||||
| 7 | "STAR bond district plan" means the preliminary or | ||||||
| 8 | conceptual plan that generally identifies the proposed STAR | ||||||
| 9 | bond project areas and identifies in a general manner the | ||||||
| 10 | buildings, facilities, and improvements to be constructed or | ||||||
| 11 | improved in each STAR bond project area.
| ||||||
| 12 | "STAR bond project" means a project within a STAR bond | ||||||
| 13 | district which is approved pursuant to Section 20.
| ||||||
| 14 | "STAR bond project area" means the geographic area within a | ||||||
| 15 | STAR bond district in which there may be one or more STAR bond | ||||||
| 16 | projects.
| ||||||
| 17 | "STAR bond project plan" means the written plan adopted by | ||||||
| 18 | a political subdivision for the development of a STAR bond | ||||||
| 19 | project in a STAR bond district; the plan may include, but is | ||||||
| 20 | not limited to, (i) project costs incurred prior to the date of | ||||||
| 21 | the STAR bond project plan and estimated future STAR bond | ||||||
| 22 | project costs, (ii) proposed sources of funds to pay those | ||||||
| 23 | costs, (iii) the nature and estimated term of any obligations | ||||||
| 24 | to be issued by the political subdivision to pay those costs, | ||||||
| 25 | (iv) the most recent equalized assessed valuation of the STAR | ||||||
| 26 | bond project area, (v) an estimate of the equalized assessed | ||||||
| |||||||
| |||||||
| 1 | valuation of the STAR bond district or applicable project area | ||||||
| 2 | after completion of a STAR bond project, (vi) a general | ||||||
| 3 | description of the types of any known or proposed developers, | ||||||
| 4 | users, or tenants of the STAR bond project or projects included | ||||||
| 5 | in the plan, (vii) a general description of the type, | ||||||
| 6 | structure, and character of the property or facilities to be | ||||||
| 7 | developed or improved, (viii) a description of the general land | ||||||
| 8 | uses to apply to the STAR bond project, and (ix) a general | ||||||
| 9 | description or an estimate of the type, class, and number of | ||||||
| 10 | employees to be employed in the operation of the STAR bond | ||||||
| 11 | project.
| ||||||
| 12 | "State sales tax" means all of the net revenue realized | ||||||
| 13 | under the Retailers' Occupation Tax Act, the Use Tax Act, the | ||||||
| 14 | Service Use Tax Act, and the Service Occupation Tax Act from | ||||||
| 15 | transactions at places of business located within a STAR bond | ||||||
| 16 | district, excluding that portion of the net revenue realized | ||||||
| 17 | under the Retailers' Occupation Tax Act, the Use Tax Act, the | ||||||
| 18 | Service Use Tax Act, and the Service Occupation Tax Act from | ||||||
| 19 | transactions at places of business located within a STAR bond | ||||||
| 20 | district that is deposited into the Local Government Tax Fund | ||||||
| 21 | and the County and Mass Transit District Fund. | ||||||
| 22 | "State sales tax increment" means (i) 100% of that portion | ||||||
| 23 | of the State sales tax that is in excess of the State sales tax | ||||||
| 24 | for the same month in the base year, as determined by the | ||||||
| 25 | Department of Revenue, from transactions at up to 2 destination | ||||||
| 26 | users, one destination hotel, and one entertainment user | ||||||
| |||||||
| |||||||
| 1 | located within a STAR bond district, which destination users, | ||||||
| 2 | destination hotel, and entertainment user shall be designated | ||||||
| 3 | by the master developer and approved by the political | ||||||
| 4 | subdivision and the Director in conjunction with the applicable | ||||||
| 5 | STAR bond project approval, and (ii) 25% of that portion of the | ||||||
| 6 | State sales tax that is in excess of the State sales tax for | ||||||
| 7 | the same month in the base year, as determined by the | ||||||
| 8 | Department of Revenue, from all other transactions within a | ||||||
| 9 | STAR bond district. If any portion of State sales taxes are, at | ||||||
| 10 | the time of formation of a STAR bond district, already subject | ||||||
| 11 | to tax increment financing under the Tax Increment Allocation | ||||||
| 12 | Redevelopment Act, then the State sales tax increment for such | ||||||
| 13 | portion shall be frozen at the base year established in | ||||||
| 14 | accordance with this Act, and all future incremental increases | ||||||
| 15 | shall be included in the State sales tax increment under this | ||||||
| 16 | Act. Any party otherwise entitled to receipt of incremental | ||||||
| 17 | State sales tax revenues through an existing tax increment | ||||||
| 18 | financing district shall be entitled to continue to receive | ||||||
| 19 | such revenues up to the amount frozen in the base year. Nothing | ||||||
| 20 | in this Act shall affect the prior qualification of existing | ||||||
| 21 | redevelopment project costs incurred that are eligible for | ||||||
| 22 | reimbursement under the Tax Increment Allocation Redevelopment | ||||||
| 23 | Act. In such event, prior to approving a STAR bond district, | ||||||
| 24 | the political subdivision forming the STAR bond district shall | ||||||
| 25 | take such action as is necessary, including amending the | ||||||
| 26 | existing tax increment financing district redevelopment plan, | ||||||
| |||||||
| |||||||
| 1 | to carry out the provisions of this Act. | ||||||
| 2 | "Substantial change" means a change wherein the proposed | ||||||
| 3 | STAR bond project plan differs substantially in size, scope, or | ||||||
| 4 | use from the approved STAR bond district plan or STAR bond | ||||||
| 5 | project plan.
| ||||||
| 6 | "Taxpayer" means an individual, partnership, corporation, | ||||||
| 7 | limited liability company, trust, estate, or other entity that | ||||||
| 8 | is subject to the Illinois Income Tax Act.
| ||||||
| 9 | "Total development costs" means the aggregate public and | ||||||
| 10 | private investment in a STAR bond district, including project | ||||||
| 11 | costs and other direct and indirect costs related to the | ||||||
| 12 | development of the STAR bond district. | ||||||
| 13 | "Traditional retail use" means the operation of a business | ||||||
| 14 | that derives at least 90% of its annual gross revenue from | ||||||
| 15 | sales at retail, as that phrase is defined by Section 1 of the | ||||||
| 16 | Retailers' Occupation Tax Act, but does not include the | ||||||
| 17 | operations of destination users, entertainment users, | ||||||
| 18 | restaurants, hotels, retail uses within hotels, or any other | ||||||
| 19 | non-retail uses. | ||||||
| 20 | "Vacant" means that portion of the land in a proposed STAR | ||||||
| 21 | bond district that is not occupied by a building, facility, or | ||||||
| 22 | other vertical improvement.
| ||||||
| 23 | (Source: P.A. 96-939, eff. 6-24-10; 97-188, eff. 7-22-11; | ||||||
| 24 | revised 10-16-15.)
| ||||||
| 25 | (50 ILCS 470/40)
| ||||||
| |||||||
| |||||||
| 1 | Sec. 40. Amendments to STAR bond district. Any addition of | ||||||
| 2 | real property to a STAR bond district or any substantial change | ||||||
| 3 | to a STAR bond district plan shall be subject to the same | ||||||
| 4 | procedure for public notice, hearing, and approval as is | ||||||
| 5 | required for the establishment of the STAR bond district | ||||||
| 6 | pursuant to this Act. | ||||||
| 7 | (a) The addition or removal of land to or from a STAR bond | ||||||
| 8 | district shall require the consent of the master developer of | ||||||
| 9 | the STAR bond district. | ||||||
| 10 | (b) Any land that is outside of, but is contiguous to an | ||||||
| 11 | established STAR bond district and is subsequently owned, | ||||||
| 12 | leased, or controlled by the master developer shall be added to | ||||||
| 13 | a STAR bond district at the request of the master developer and | ||||||
| 14 | by approval of the political subdivision, provided that the | ||||||
| 15 | land becomes a part of a STAR bond project area.
| ||||||
| 16 | (c) If a political subdivision has undertaken a STAR bond | ||||||
| 17 | project within a STAR bond district, and the political | ||||||
| 18 | subdivision desires to subsequently remove more than a de | ||||||
| 19 | minimis minimus amount of real property from the STAR bond | ||||||
| 20 | district, then prior to any removal of property the political | ||||||
| 21 | subdivision must provide a revised feasibility study showing | ||||||
| 22 | that the pledged STAR revenues from the resulting STAR bond | ||||||
| 23 | district within which the STAR bond project is located are | ||||||
| 24 | estimated to be sufficient to pay the project costs. If the | ||||||
| 25 | revenue from the resulting STAR bond district is insufficient | ||||||
| 26 | to pay the project costs, then the property may not be removed | ||||||
| |||||||
| |||||||
| 1 | from the STAR bond district. Any removal of real property from | ||||||
| 2 | a STAR bond district shall be approved by a resolution of the | ||||||
| 3 | governing body of the political subdivision.
| ||||||
| 4 | (Source: P.A. 96-939, eff. 6-24-10; revised 10-16-15.)
| ||||||
| 5 | Section 190. The Illinois Police Training Act is amended by | ||||||
| 6 | changing Section 7 and by setting forth and renumbering | ||||||
| 7 | multiple versions of Section 10.17 as follows:
| ||||||
| 8 | (50 ILCS 705/7) (from Ch. 85, par. 507)
| ||||||
| 9 | Sec. 7. Rules and standards for schools. The Board shall | ||||||
| 10 | adopt rules and
minimum standards for such schools which shall | ||||||
| 11 | include but not be limited to
the following:
| ||||||
| 12 | a. The curriculum for probationary police officers which | ||||||
| 13 | shall be
offered by all certified schools shall include but not | ||||||
| 14 | be limited to
courses of procedural justice, arrest and use and | ||||||
| 15 | control tactics, search and seizure, including temporary | ||||||
| 16 | questioning, civil rights, human rights, human relations,
| ||||||
| 17 | cultural competency, including implicit bias and racial and | ||||||
| 18 | ethnic sensitivity,
criminal law, law of criminal procedure, | ||||||
| 19 | constitutional and proper use of law enforcement authority, | ||||||
| 20 | vehicle and traffic law including
uniform and | ||||||
| 21 | non-discriminatory enforcement of the Illinois Vehicle Code,
| ||||||
| 22 | traffic control and accident investigation, techniques of | ||||||
| 23 | obtaining
physical evidence, court testimonies, statements, | ||||||
| 24 | reports, firearms
training, training in the use of electronic | ||||||
| |||||||
| |||||||
| 1 | control devices, including the psychological and physiological | ||||||
| 2 | effects of the use of those devices on humans, first-aid | ||||||
| 3 | (including cardiopulmonary resuscitation), training in the | ||||||
| 4 | administration of opioid antagonists as defined in paragraph | ||||||
| 5 | (1) of subsection (e) of Section 5-23 of the Alcoholism and | ||||||
| 6 | Other Drug Abuse and Dependency Act, handling of
juvenile | ||||||
| 7 | offenders, recognition of
mental conditions, including, but | ||||||
| 8 | not limited to, the disease of addiction, which require | ||||||
| 9 | immediate assistance and methods to
safeguard and provide | ||||||
| 10 | assistance to a person in need of mental
treatment, recognition | ||||||
| 11 | of abuse, neglect, financial exploitation, and self-neglect of | ||||||
| 12 | adults with disabilities and older adults, as defined in | ||||||
| 13 | Section 2 of the Adult Protective Services Act, crimes against | ||||||
| 14 | the elderly, law of evidence, the hazards of high-speed police | ||||||
| 15 | vehicle
chases with an emphasis on alternatives to the | ||||||
| 16 | high-speed chase, and
physical training. The curriculum shall | ||||||
| 17 | include specific training in
techniques for immediate response | ||||||
| 18 | to and investigation of cases of domestic
violence and of | ||||||
| 19 | sexual assault of adults and children, including cultural | ||||||
| 20 | perceptions and common myths of rape as well as interview | ||||||
| 21 | techniques that are trauma informed, victim centered, and | ||||||
| 22 | victim sensitive. The curriculum shall include
training in | ||||||
| 23 | techniques designed to promote effective
communication at the | ||||||
| 24 | initial contact with crime victims and ways to comprehensively
| ||||||
| 25 | explain to victims and witnesses their rights under the Rights
| ||||||
| 26 | of Crime Victims and Witnesses Act and the Crime
Victims | ||||||
| |||||||
| |||||||
| 1 | Compensation Act. The curriculum shall also include a block of | ||||||
| 2 | instruction aimed at identifying and interacting with persons | ||||||
| 3 | with autism and other developmental or physical disabilities, | ||||||
| 4 | reducing barriers to reporting crimes against persons with | ||||||
| 5 | autism, and addressing the unique challenges presented by cases | ||||||
| 6 | involving victims or witnesses with autism and other | ||||||
| 7 | developmental disabilities. The curriculum for
permanent | ||||||
| 8 | police officers shall include but not be limited to (1) | ||||||
| 9 | refresher
and in-service training in any of the courses listed | ||||||
| 10 | above in this
subparagraph, (2) advanced courses in any of the | ||||||
| 11 | subjects listed above in
this subparagraph, (3) training for | ||||||
| 12 | supervisory personnel, and (4)
specialized training in | ||||||
| 13 | subjects and fields to be selected by the board. The training | ||||||
| 14 | in the use of electronic control devices shall be conducted for | ||||||
| 15 | probationary police officers, including University police | ||||||
| 16 | officers.
| ||||||
| 17 | b. Minimum courses of study, attendance requirements and | ||||||
| 18 | equipment
requirements.
| ||||||
| 19 | c. Minimum requirements for instructors.
| ||||||
| 20 | d. Minimum basic training requirements, which a | ||||||
| 21 | probationary police
officer must satisfactorily complete | ||||||
| 22 | before being eligible for permanent
employment as a local law | ||||||
| 23 | enforcement officer for a participating local
governmental | ||||||
| 24 | agency. Those requirements shall include training in first aid
| ||||||
| 25 | (including cardiopulmonary resuscitation).
| ||||||
| 26 | e. Minimum basic training requirements, which a | ||||||
| |||||||
| |||||||
| 1 | probationary county
corrections officer must satisfactorily | ||||||
| 2 | complete before being eligible for
permanent employment as a | ||||||
| 3 | county corrections officer for a participating
local | ||||||
| 4 | governmental agency.
| ||||||
| 5 | f. Minimum basic training requirements which a | ||||||
| 6 | probationary court
security officer must satisfactorily | ||||||
| 7 | complete before being eligible for
permanent employment as a | ||||||
| 8 | court security officer for a participating local
governmental | ||||||
| 9 | agency. The Board shall
establish those training requirements | ||||||
| 10 | which it considers appropriate for court
security officers and | ||||||
| 11 | shall certify schools to conduct that training.
| ||||||
| 12 | A person hired to serve as a court security officer must | ||||||
| 13 | obtain from the
Board a certificate (i) attesting to his or her | ||||||
| 14 | successful completion of the
training course; (ii) attesting to | ||||||
| 15 | his or her satisfactory
completion of a training program of | ||||||
| 16 | similar content and number of hours that
has been found | ||||||
| 17 | acceptable by the Board under the provisions of this Act; or
| ||||||
| 18 | (iii) attesting to the Board's determination that the training
| ||||||
| 19 | course is unnecessary because of the person's extensive prior | ||||||
| 20 | law enforcement
experience.
| ||||||
| 21 | Individuals who currently serve as court security officers | ||||||
| 22 | shall be deemed
qualified to continue to serve in that capacity | ||||||
| 23 | so long as they are certified
as provided by this Act within 24 | ||||||
| 24 | months of June 1, 1997 (the effective date of Public Act | ||||||
| 25 | 89-685) this
amendatory Act of 1996. Failure to be so | ||||||
| 26 | certified, absent a waiver from the
Board, shall cause the | ||||||
| |||||||
| |||||||
| 1 | officer to forfeit his or her position.
| ||||||
| 2 | All individuals hired as court security officers on or | ||||||
| 3 | after the effective
date of this amendatory Act of 1996 shall | ||||||
| 4 | be certified within 12 months of the
date of their hire, unless | ||||||
| 5 | a waiver has been obtained by the Board, or they
shall forfeit | ||||||
| 6 | their positions.
| ||||||
| 7 | The Sheriff's Merit Commission, if one exists, or the | ||||||
| 8 | Sheriff's Office if
there is no Sheriff's Merit Commission, | ||||||
| 9 | shall maintain a list of all
individuals who have filed | ||||||
| 10 | applications to become court security officers and
who meet the | ||||||
| 11 | eligibility requirements established under this Act. Either
| ||||||
| 12 | the Sheriff's Merit Commission, or the Sheriff's Office if no | ||||||
| 13 | Sheriff's Merit
Commission exists, shall establish a schedule | ||||||
| 14 | of reasonable intervals for
verification of the applicants' | ||||||
| 15 | qualifications under
this Act and as established by the Board.
| ||||||
| 16 | g. Minimum in-service training requirements, which a | ||||||
| 17 | police officer must satisfactorily complete every 3 years. | ||||||
| 18 | Those requirements shall include constitutional and proper use | ||||||
| 19 | of law enforcement authority, procedural justice, civil | ||||||
| 20 | rights, human rights, and cultural competency. | ||||||
| 21 | h. Minimum in-service training requirements, which a | ||||||
| 22 | police officer must satisfactorily complete at least annually. | ||||||
| 23 | Those requirements shall include law updates and use of force | ||||||
| 24 | training which shall include scenario based training, or | ||||||
| 25 | similar training approved by the Board. | ||||||
| 26 | (Source: P.A. 98-49, eff. 7-1-13; 98-358, eff. 1-1-14; 98-463, | ||||||
| |||||||
| |||||||
| 1 | eff. 8-16-13; 98-756, eff. 7-16-14; 99-352, eff. 1-1-16; | ||||||
| 2 | 99-480, eff. 9-9-15; revised 10-20-15.)
| ||||||
| 3 | (50 ILCS 705/10.17) | ||||||
| 4 | Sec. 10.17. Crisis intervention team training. The | ||||||
| 5 | Illinois Law Enforcement Training and Standards Board shall | ||||||
| 6 | develop and approve a standard curriculum for a certified | ||||||
| 7 | training program in crisis intervention addressing specialized | ||||||
| 8 | policing responses to people with mental illnesses. The Board | ||||||
| 9 | shall conduct Crisis Intervention Team (CIT) training programs | ||||||
| 10 | that train officers to identify signs and symptoms of mental | ||||||
| 11 | illness, to de-escalate situations involving individuals who | ||||||
| 12 | appear to have a mental illness, and connect that person in | ||||||
| 13 | crisis to treatment. Officers who have successfully completed | ||||||
| 14 | this program shall be issued a certificate attesting to their | ||||||
| 15 | attendance of a Crisis Intervention Team (CIT) training | ||||||
| 16 | program.
| ||||||
| 17 | (Source: P.A. 99-261, eff. 1-1-16.)
| ||||||
| 18 | (50 ILCS 705/10.18) | ||||||
| 19 | Sec. 10.18 10.17. Training; administration of opioid | ||||||
| 20 | antagonists. The Board shall conduct or approve an in-service | ||||||
| 21 | training program for police officers in the administration of | ||||||
| 22 | opioid antagonists as defined in paragraph (1) of subsection | ||||||
| 23 | (e) of Section 5-23 of the Alcoholism and Other Drug Abuse and | ||||||
| 24 | Dependency Act that is in accordance with that Section. As used | ||||||
| |||||||
| |||||||
| 1 | in this Section 10.17, the term "police officers" includes | ||||||
| 2 | full-time or part-time probationary police officers, permanent | ||||||
| 3 | or part-time police officers, law enforcement officers, | ||||||
| 4 | recruits, permanent or probationary county corrections | ||||||
| 5 | officers, permanent or probationary county security officers, | ||||||
| 6 | and court security officers. The term does not include | ||||||
| 7 | auxiliary police officers as defined in Section 3.1-30-20 of | ||||||
| 8 | the Illinois Municipal Code.
| ||||||
| 9 | (Source: P.A. 99-480, eff. 9-9-15; revised 10-19-15.)
| ||||||
| 10 | Section 195. The Law Enforcement Officer-Worn Body Camera | ||||||
| 11 | Act is amended by changing Sections 10-10 and 10-20 as follows:
| ||||||
| 12 | (50 ILCS 706/10-10)
| ||||||
| 13 | Sec. 10-10. Definitions. As used in is this Act: | ||||||
| 14 | "Badge" means an officer's department issued | ||||||
| 15 | identification number associated with his or her position as a | ||||||
| 16 | police officer with that department. | ||||||
| 17 | "Board" means the Illinois Law Enforcement Training | ||||||
| 18 | Standards Board created by the Illinois Police Training Act. | ||||||
| 19 | "Business offense" means a petty offense for which the fine | ||||||
| 20 | is in excess of $1,000. | ||||||
| 21 | "Community caretaking function" means a task undertaken by | ||||||
| 22 | a law enforcement officer in which the officer is performing an | ||||||
| 23 | articulable act unrelated to the investigation of a crime. | ||||||
| 24 | "Community caretaking function" includes, but is not limited | ||||||
| |||||||
| |||||||
| 1 | to, participating in town halls or other community outreach, | ||||||
| 2 | helping a child find his or her parents, providing death | ||||||
| 3 | notifications, and performing in-home or hospital well-being | ||||||
| 4 | checks on the sick, elderly, or persons presumed missing. | ||||||
| 5 | "Fund" means the Law Enforcement Camera Grant Fund.
| ||||||
| 6 | "In uniform" means a law enforcement officer who is wearing | ||||||
| 7 | any officially authorized uniform designated by a law | ||||||
| 8 | enforcement agency, or a law enforcement officer who is visibly | ||||||
| 9 | wearing articles of clothing, a badge, tactical gear, gun belt, | ||||||
| 10 | a patch, or other insignia that he or she is a law enforcement | ||||||
| 11 | officer acting in the course of his or her duties. | ||||||
| 12 | "Law enforcement officer" or "officer" means any person | ||||||
| 13 | employed by a State, county, municipality, special district, | ||||||
| 14 | college, unit of government, or any other entity authorized by | ||||||
| 15 | law to employ peace officers or exercise police authority and | ||||||
| 16 | who is primarily responsible for the prevention or detection of | ||||||
| 17 | crime and the enforcement of the laws of this State. | ||||||
| 18 | "Law enforcement agency" means all State agencies with law | ||||||
| 19 | enforcement officers, county sheriff's offices, municipal, | ||||||
| 20 | special district, college, or unit of local government police | ||||||
| 21 | departments. | ||||||
| 22 | "Law enforcement-related encounters or activities" | ||||||
| 23 | include, but are not limited to, traffic stops, pedestrian | ||||||
| 24 | stops, arrests, searches, interrogations, investigations, | ||||||
| 25 | pursuits, crowd control, traffic control, non-community | ||||||
| 26 | caretaking interactions with an individual while on patrol, or | ||||||
| |||||||
| |||||||
| 1 | any other instance in which the officer is enforcing the laws | ||||||
| 2 | of the municipality, county, or State. "Law | ||||||
| 3 | enforcement-related encounter or activities" does not include | ||||||
| 4 | when the officer is completing paperwork alone or only in the | ||||||
| 5 | presence of another law enforcement officer. | ||||||
| 6 | "Minor traffic offense" means a petty offense, business | ||||||
| 7 | offense, or Class C misdemeanor under the Illinois Vehicle Code | ||||||
| 8 | or a similar provision of a municipal or local ordinance. | ||||||
| 9 | "Officer-worn body camera" means an electronic camera | ||||||
| 10 | system for creating, generating, sending, receiving, storing, | ||||||
| 11 | displaying, and processing audiovisual recordings that may be | ||||||
| 12 | worn about the person of a law enforcement officer. | ||||||
| 13 | "Peace officer" has the meaning provided in Section 2-13 of | ||||||
| 14 | the Criminal Code of 2012. | ||||||
| 15 | "Petty offense" means any offense for which a sentence of | ||||||
| 16 | imprisonment is not an authorized disposition. | ||||||
| 17 | "Recording" means the process of capturing data or | ||||||
| 18 | information stored on a recording medium as required under this | ||||||
| 19 | Act.
| ||||||
| 20 | "Recording medium" means any recording medium authorized | ||||||
| 21 | by the Board for the retention and playback of recorded audio | ||||||
| 22 | and video including, but not limited to, VHS, DVD, hard drive, | ||||||
| 23 | cloud storage, solid state, digital, flash memory technology, | ||||||
| 24 | or any other electronic medium.
| ||||||
| 25 | (Source: P.A. 99-352, eff. 1-1-16; revised 10-20-15.)
| ||||||
| |||||||
| |||||||
| 1 | (50 ILCS 706/10-20)
| ||||||
| 2 | Sec. 10-20. Requirements. | ||||||
| 3 | (a) The Board shall develop basic guidelines for the use of | ||||||
| 4 | officer-worn body cameras by law enforcement agencies. The | ||||||
| 5 | guidelines developed by the Board shall be the basis for the | ||||||
| 6 | written policy which must be adopted by each law enforcement | ||||||
| 7 | agency which employs the use of officer-worn body cameras. The | ||||||
| 8 | written policy adopted by the law enforcement agency must | ||||||
| 9 | include, at a minimum, all of the following: | ||||||
| 10 | (1) Cameras must be equipped with pre-event recording, | ||||||
| 11 | capable of recording at least the 30 seconds prior to | ||||||
| 12 | camera activation, unless the officer-worn body camera was | ||||||
| 13 | purchased and acquired by the law enforcement agency prior | ||||||
| 14 | to July 1, 2015. | ||||||
| 15 | (2) Cameras must be capable of recording for a period | ||||||
| 16 | of 10 hours or more, unless the officer-worn body camera | ||||||
| 17 | was purchased and acquired by the law enforcement agency | ||||||
| 18 | prior to July 1, 2015. | ||||||
| 19 | (3) Cameras must be turned on at all times when the | ||||||
| 20 | officer is in uniform and is responding to calls for | ||||||
| 21 | service or engaged in any law enforcement-related | ||||||
| 22 | encounter or activity, that occurs while the officer is on | ||||||
| 23 | duty on-duty. | ||||||
| 24 | (A) If exigent circumstances exist which prevent | ||||||
| 25 | the camera from being turned on, the camera must be | ||||||
| 26 | turned on as soon as practicable. | ||||||
| |||||||
| |||||||
| 1 | (B) Officer-worn body cameras may be turned off | ||||||
| 2 | when the officer is inside of a patrol car which is | ||||||
| 3 | equipped with a functioning in-car camera; however, | ||||||
| 4 | the officer must turn on the camera upon exiting the | ||||||
| 5 | patrol vehicle for law enforcement-related encounters. | ||||||
| 6 | (4) Cameras must be turned off when:
| ||||||
| 7 | (A) the victim of a crime requests that the camera | ||||||
| 8 | be turned off, and unless impractical or impossible, | ||||||
| 9 | that request is made on the recording; | ||||||
| 10 | (B) a witness of a crime or a community member who | ||||||
| 11 | wishes to report a crime requests that the camera be | ||||||
| 12 | turned off, and unless impractical or impossible that | ||||||
| 13 | request is made on the recording; or
| ||||||
| 14 | (C) the officer is interacting with a confidential | ||||||
| 15 | informant used by the law enforcement agency. | ||||||
| 16 | However, an officer may continue to record or resume | ||||||
| 17 | recording a victim or a witness, if exigent circumstances | ||||||
| 18 | exist, or if the officer has reasonable articulable | ||||||
| 19 | suspicion that a victim or witness, or confidential | ||||||
| 20 | informant has committed or is in the process of committing | ||||||
| 21 | a crime. Under these circumstances, and unless impractical | ||||||
| 22 | or impossible, the officer must indicate on the recording | ||||||
| 23 | the reason for continuing to record despite the request of | ||||||
| 24 | the victim or witness. | ||||||
| 25 | (4.5) Cameras may be turned off when the officer is | ||||||
| 26 | engaged in community caretaking functions. However, the | ||||||
| |||||||
| |||||||
| 1 | camera must be turned on when the officer has reason to | ||||||
| 2 | believe that the person on whose behalf the officer is | ||||||
| 3 | performing a community caretaking function has committed | ||||||
| 4 | or is in the process of committing a crime. If exigent | ||||||
| 5 | circumstances exist which prevent the camera from being | ||||||
| 6 | turned on, the camera must be turned on as soon as | ||||||
| 7 | practicable. | ||||||
| 8 | (5) The officer must provide notice of recording to any | ||||||
| 9 | person if the person has a reasonable expectation of | ||||||
| 10 | privacy and proof of notice must be evident in the | ||||||
| 11 | recording.
If exigent circumstances exist which prevent | ||||||
| 12 | the officer from providing notice, notice must be provided | ||||||
| 13 | as soon as practicable. | ||||||
| 14 | (6) For the purposes of redaction, labeling, or | ||||||
| 15 | duplicating recordings, access to camera recordings shall | ||||||
| 16 | be restricted to only those personnel responsible for those | ||||||
| 17 | purposes. The recording officer and his or her supervisor | ||||||
| 18 | may access and review recordings prior to completing | ||||||
| 19 | incident reports or other documentation, provided that the | ||||||
| 20 | officer or his or her supervisor discloses that fact in the | ||||||
| 21 | report or documentation. | ||||||
| 22 | (7) Recordings made on officer-worn cameras must be | ||||||
| 23 | retained by the law enforcement agency or by the camera | ||||||
| 24 | vendor used by the agency, on a recording medium for a | ||||||
| 25 | period of 90 days. | ||||||
| 26 | (A) Under no circumstances shall any recording | ||||||
| |||||||
| |||||||
| 1 | made with an officer-worn body camera be altered, | ||||||
| 2 | erased, or destroyed prior to the expiration of the | ||||||
| 3 | 90-day storage period.
| ||||||
| 4 | (B) Following the 90-day storage period, any and | ||||||
| 5 | all recordings made with an officer-worn body camera | ||||||
| 6 | must be destroyed, unless any encounter captured on the | ||||||
| 7 | recording has been flagged. An encounter is deemed to | ||||||
| 8 | be flagged when:
| ||||||
| 9 | (i) a formal or informal complaint has been | ||||||
| 10 | filed; | ||||||
| 11 | (ii) the officer discharged his or her firearm | ||||||
| 12 | or used force during the encounter;
| ||||||
| 13 | (iii) death or great bodily harm occurred to | ||||||
| 14 | any person in the recording;
| ||||||
| 15 | (iv) the encounter resulted in a detention or | ||||||
| 16 | an arrest, excluding traffic stops which resulted | ||||||
| 17 | in only a minor traffic offense or business | ||||||
| 18 | offense; | ||||||
| 19 | (v) the officer is the subject of an internal | ||||||
| 20 | investigation or otherwise being investigated for | ||||||
| 21 | possible misconduct;
| ||||||
| 22 | (vi) the supervisor of the officer, | ||||||
| 23 | prosecutor, defendant, or court determines that | ||||||
| 24 | the encounter has evidentiary value in a criminal | ||||||
| 25 | prosecution; or | ||||||
| 26 | (vii) the recording officer requests that the | ||||||
| |||||||
| |||||||
| 1 | video be flagged for official purposes related to | ||||||
| 2 | his or her official duties. | ||||||
| 3 | (C) Under no circumstances shall any recording | ||||||
| 4 | made with an officer-worn body camera relating to a | ||||||
| 5 | flagged encounter be altered or destroyed prior to 2 | ||||||
| 6 | years after the recording was flagged. If the flagged | ||||||
| 7 | recording was used in a criminal, civil, or | ||||||
| 8 | administrative proceeding, the recording shall not be | ||||||
| 9 | destroyed except upon a final disposition and order | ||||||
| 10 | from the court. | ||||||
| 11 | (8) Following the 90-day storage period, recordings | ||||||
| 12 | may be retained if a supervisor at the law enforcement | ||||||
| 13 | agency designates the recording for training purposes. If | ||||||
| 14 | the recording is designated for training purposes, the | ||||||
| 15 | recordings may be viewed by officers, in the presence of a | ||||||
| 16 | supervisor or training instructor, for the purposes of | ||||||
| 17 | instruction, training, or ensuring compliance with agency | ||||||
| 18 | policies.
| ||||||
| 19 | (9) Recordings shall not be used to discipline law | ||||||
| 20 | enforcement officers unless: | ||||||
| 21 | (A) a formal or informal complaint of misconduct | ||||||
| 22 | has been made; | ||||||
| 23 | (B) a use of force incident has occurred; | ||||||
| 24 | (C) the encounter on the recording could result in | ||||||
| 25 | a formal investigation under the Uniform Peace | ||||||
| 26 | Officers' Disciplinary Act; or | ||||||
| |||||||
| |||||||
| 1 | (D) as corroboration of other evidence of | ||||||
| 2 | misconduct. | ||||||
| 3 | Nothing in this paragraph (9) shall be construed to | ||||||
| 4 | limit or prohibit a law enforcement officer from being | ||||||
| 5 | subject to an action that does not amount to discipline. | ||||||
| 6 | (10) The law enforcement agency shall ensure proper | ||||||
| 7 | care and maintenance of officer-worn body cameras. Upon | ||||||
| 8 | becoming aware, officers must as soon as practical document | ||||||
| 9 | and notify the appropriate supervisor of any technical | ||||||
| 10 | difficulties, failures, or problems with the officer-worn | ||||||
| 11 | body camera or associated equipment. Upon receiving | ||||||
| 12 | notice, the appropriate supervisor shall make every | ||||||
| 13 | reasonable effort to correct and repair any of the | ||||||
| 14 | officer-worn body camera equipment. | ||||||
| 15 | (11) No officer may hinder or prohibit any person, not | ||||||
| 16 | a law enforcement officer, from recording a law enforcement | ||||||
| 17 | officer in the performance of his or her duties in a public | ||||||
| 18 | place or when the officer has no reasonable expectation of | ||||||
| 19 | privacy.
The law enforcement agency's written policy shall | ||||||
| 20 | indicate the potential criminal penalties, as well as any | ||||||
| 21 | departmental discipline, which may result from unlawful | ||||||
| 22 | confiscation or destruction of the recording medium of a | ||||||
| 23 | person who is not a law enforcement officer. However, an | ||||||
| 24 | officer may take reasonable action to maintain safety and | ||||||
| 25 | control, secure crime scenes and accident sites, protect | ||||||
| 26 | the integrity and confidentiality of investigations, and | ||||||
| |||||||
| |||||||
| 1 | protect the public safety and order. | ||||||
| 2 | (b) Recordings made with the use of an officer-worn body | ||||||
| 3 | camera are not subject to disclosure under the Freedom of | ||||||
| 4 | Information Act, except that: | ||||||
| 5 | (1) if the subject of the encounter has a reasonable | ||||||
| 6 | expectation of privacy, at the time of the recording, any | ||||||
| 7 | recording which is flagged, due to the filing of a | ||||||
| 8 | complaint, discharge of a firearm, use of force, arrest or | ||||||
| 9 | detention, or resulting death or bodily harm, shall be | ||||||
| 10 | disclosed in accordance with the Freedom of Information Act | ||||||
| 11 | if: | ||||||
| 12 | (A) the subject of the encounter captured on the | ||||||
| 13 | recording is a victim or witness; and | ||||||
| 14 | (B) the law enforcement agency obtains written | ||||||
| 15 | permission of the subject or the subject's legal | ||||||
| 16 | representative; | ||||||
| 17 | (2) except as provided in paragraph (1) of this | ||||||
| 18 | subsection (b), any recording which is flagged due to the | ||||||
| 19 | filing of a complaint, discharge of a firearm, use of | ||||||
| 20 | force, arrest or detention, or resulting death or bodily | ||||||
| 21 | harm shall be disclosed in accordance with the Freedom of | ||||||
| 22 | Information Act; and | ||||||
| 23 | (3) upon request, the law enforcement agency shall | ||||||
| 24 | disclose, in accordance with the Freedom of Information | ||||||
| 25 | Act, the recording to the subject of the encounter captured | ||||||
| 26 | on the recording or to the subject's attorney, or the | ||||||
| |||||||
| |||||||
| 1 | officer or his or her legal representative. | ||||||
| 2 | For the purposes of paragraph (1) of this subsection (b), | ||||||
| 3 | the subject of the encounter does not have a reasonable | ||||||
| 4 | expectation of privacy if the subject was arrested as a result | ||||||
| 5 | of the encounter. For purposes of subparagraph (A) of paragraph | ||||||
| 6 | (1) of this subsection (b), "witness" does not include a person | ||||||
| 7 | who is a victim or who was arrested as a result of the | ||||||
| 8 | encounter.
| ||||||
| 9 | Only recordings or portions of recordings responsive to the | ||||||
| 10 | request shall be available for inspection or reproduction. Any | ||||||
| 11 | recording disclosed under the Freedom of Information Act shall | ||||||
| 12 | be redacted to remove identification of any person that appears | ||||||
| 13 | on the recording and is not the officer, a subject of the | ||||||
| 14 | encounter, or directly involved in the encounter. Nothing in | ||||||
| 15 | this subsection (b) shall require the disclosure of any | ||||||
| 16 | recording or portion of any recording which would be exempt | ||||||
| 17 | from disclosure under the Freedom of Information Act. | ||||||
| 18 | (c) Nothing in this Section shall limit access to a camera | ||||||
| 19 | recording for the purposes of complying with Supreme Court | ||||||
| 20 | rules or the rules of evidence.
| ||||||
| 21 | (Source: P.A. 99-352, eff. 1-1-16; revised 10-20-15.)
| ||||||
| 22 | Section 200. The Emergency Telephone System Act is amended | ||||||
| 23 | by changing Section 75 as follows:
| ||||||
| 24 | (50 ILCS 750/75) | ||||||
| |||||||
| |||||||
| 1 | (Section scheduled to be repealed on July 1, 2017) | ||||||
| 2 | Sec. 75. Transfer of rights, functions, powers, duties, and | ||||||
| 3 | property to Department of State Police; rules and standards; | ||||||
| 4 | savings provisions. | ||||||
| 5 | (a) On January 1, 2016, the rights, functions, powers, and | ||||||
| 6 | duties of the Illinois Commerce Commission as set forth in this | ||||||
| 7 | Act and the Wireless Emergency Telephone Safety Act existing | ||||||
| 8 | prior to January 1, 2016, are transferred to and shall be | ||||||
| 9 | exercised by the Department of State Police. On or before | ||||||
| 10 | January 1, 2016, the Commission shall transfer and deliver to | ||||||
| 11 | the Department all books, records, documents, property (real | ||||||
| 12 | and personal), unexpended appropriations, and pending business | ||||||
| 13 | pertaining to the rights, powers, duties, and functions | ||||||
| 14 | transferred to the Department under Public Act 99-6 this | ||||||
| 15 | amendatory Act of the 99th General Assembly. | ||||||
| 16 | (b) The rules and standards of the Commission that are in | ||||||
| 17 | effect on January 1, 2016 and that pertain to the rights, | ||||||
| 18 | powers, duties, and functions transferred to the Department | ||||||
| 19 | under Public Act 99-6 this amendatory Act of the 99th General | ||||||
| 20 | Assembly shall become the rules and standards of the Department | ||||||
| 21 | on January 1, 2016, and shall continue in effect until amended | ||||||
| 22 | or repealed by the Department. | ||||||
| 23 | Any rules pertaining to the rights, powers, duties, and | ||||||
| 24 | functions transferred to the Department under Public Act 99-6 | ||||||
| 25 | this amendatory Act of the 99th General Assembly that have been | ||||||
| 26 | proposed by the Commission but have not taken effect or been | ||||||
| |||||||
| |||||||
| 1 | finally adopted by January 1, 2016, shall become proposed rules | ||||||
| 2 | of the Department on January 1, 2016, and any rulemaking | ||||||
| 3 | procedures that have already been completed by the Commission | ||||||
| 4 | for those proposed rules need not be repealed. | ||||||
| 5 | As soon as it is practical after January 1, 2016, the | ||||||
| 6 | Department shall revise and clarify the rules transferred to it | ||||||
| 7 | under Public Act 99-6 this amendatory Act of the 99th General | ||||||
| 8 | Assembly to reflect the transfer of rights, powers, duties, and | ||||||
| 9 | functions effected by Public Act 99-6 this amendatory Act of | ||||||
| 10 | the 99th General Assembly using the procedures for | ||||||
| 11 | recodification of rules available under the Illinois | ||||||
| 12 | Administrative Procedure Act, except that existing title, | ||||||
| 13 | part, and section numbering for the affected rules may be | ||||||
| 14 | retained. The Department may propose and adopt under the | ||||||
| 15 | Illinois Administrative Procedure Act any other rules | ||||||
| 16 | necessary to consolidate and clarify those rules. | ||||||
| 17 | (c) The rights, powers, duties, and functions transferred | ||||||
| 18 | to the Department by Public Act 99-6 this amendatory Act of the | ||||||
| 19 | 99th General Assembly shall be vested in and exercised by the | ||||||
| 20 | Department subject to the provisions of this Act and the | ||||||
| 21 | Wireless Emergency Telephone Safety Act. An act done by the | ||||||
| 22 | Department or an officer, employee, or agent of the Department | ||||||
| 23 | in the exercise of the transferred rights, powers, duties, and | ||||||
| 24 | functions shall have the same legal effect as if done by the | ||||||
| 25 | Commission or an officer, employee, or agent of the Commission. | ||||||
| 26 | The transfer of rights, powers, duties, and functions to | ||||||
| |||||||
| |||||||
| 1 | the Department under Public Act 99-6 this amendatory Act of the | ||||||
| 2 | 99th General Assembly does not invalidate any previous action | ||||||
| 3 | taken by or in respect to the Commission, its officers, | ||||||
| 4 | employees, or agents. References to the Commission or its | ||||||
| 5 | officers, employees, or agents in any document, contract, | ||||||
| 6 | agreement, or law shall, in appropriate contexts, be deemed to | ||||||
| 7 | refer to the Department or its officers, employees, or agents. | ||||||
| 8 | The transfer of rights, powers, duties, and functions to | ||||||
| 9 | the Department under Public Act 99-6 this amendatory Act of the | ||||||
| 10 | 99th General Assembly does not affect any person's rights, | ||||||
| 11 | obligations, or duties, including any civil or criminal | ||||||
| 12 | penalties applicable thereto, arising out of those transferred | ||||||
| 13 | rights, powers, duties, and functions. | ||||||
| 14 | Public Act 99-6 This amendatory Act of the 99th General | ||||||
| 15 | Assembly does not affect any act done, ratified, or cancelled, | ||||||
| 16 | any right occurring or established, or any action or proceeding | ||||||
| 17 | commenced in an administrative, civil, or criminal case before | ||||||
| 18 | January 1, 2016. Any such action or proceeding that pertains to | ||||||
| 19 | a right, power, duty, or function transferred to the Department | ||||||
| 20 | under Public Act 99-6 this amendatory Act of the 99th General | ||||||
| 21 | Assembly that is pending on that date may be prosecuted, | ||||||
| 22 | defended, or continued by the Commission. | ||||||
| 23 | For the purposes of Section 9b of the State Finance Act, | ||||||
| 24 | the Department is the successor to the Commission with respect | ||||||
| 25 | to the rights, duties, powers, and functions transferred by | ||||||
| 26 | Public Act 99-6 this amendatory Act of the 99th General | ||||||
| |||||||
| |||||||
| 1 | Assembly. | ||||||
| 2 | (d) (c) The Department is authorized to enter into an | ||||||
| 3 | intergovernmental agreement with the Commission for the | ||||||
| 4 | purpose of having the Commission assist the Department and the | ||||||
| 5 | Statewide 9-1-1 Administrator in carrying out their duties and | ||||||
| 6 | functions under this Act. The agreement may provide for funding | ||||||
| 7 | for the Commission for its assistance to the Department and the | ||||||
| 8 | Statewide 9-1-1 Administrator.
| ||||||
| 9 | (Source: P.A. 99-6, eff. 6-29-15; revised 11-9-15.)
| ||||||
| 10 | Section 205. The Counties Code is amended by changing | ||||||
| 11 | Sections 3-3013, 3-8007, 3-9005, 5-1006.5, 5-1006.7, 5-12020, | ||||||
| 12 | and 6-1003 as follows:
| ||||||
| 13 | (55 ILCS 5/3-3013) (from Ch. 34, par. 3-3013)
| ||||||
| 14 | Sec. 3-3013. Preliminary investigations; blood and urine | ||||||
| 15 | analysis;
summoning jury; reports. Every coroner, whenever, as | ||||||
| 16 | soon as he knows or is
informed that the dead body of any | ||||||
| 17 | person is found, or lying within his
county, whose death is | ||||||
| 18 | suspected of being:
| ||||||
| 19 | (a) A sudden or violent death, whether apparently | ||||||
| 20 | suicidal,
homicidal or accidental, including but not | ||||||
| 21 | limited to deaths apparently
caused or contributed to by | ||||||
| 22 | thermal, traumatic, chemical, electrical or
radiational | ||||||
| 23 | injury, or a complication of any of them, or by drowning or
| ||||||
| 24 | suffocation, or as a result of domestic violence as defined | ||||||
| |||||||
| |||||||
| 1 | in the Illinois
Domestic
Violence Act of 1986;
| ||||||
| 2 | (b) A maternal or fetal death due to abortion, or any | ||||||
| 3 | death due to a
sex crime or a crime against nature;
| ||||||
| 4 | (c) A death where the circumstances are suspicious, | ||||||
| 5 | obscure,
mysterious or otherwise unexplained or where, in | ||||||
| 6 | the written opinion of
the attending physician, the cause | ||||||
| 7 | of death is not determined;
| ||||||
| 8 | (d) A death where addiction to alcohol or to any drug | ||||||
| 9 | may have been
a contributory cause; or
| ||||||
| 10 | (e) A death where the decedent was not attended by a | ||||||
| 11 | licensed
physician;
| ||||||
| 12 | shall go to the place where the dead body is, and take charge | ||||||
| 13 | of the
same and shall make a preliminary investigation into the | ||||||
| 14 | circumstances
of the death. In the case of death without | ||||||
| 15 | attendance by a licensed
physician the body may be moved with | ||||||
| 16 | the coroner's consent from the
place of death to a mortuary in | ||||||
| 17 | the same county. Coroners in their
discretion shall notify such | ||||||
| 18 | physician as is designated in accordance
with Section 3-3014 to | ||||||
| 19 | attempt to ascertain the cause of death, either by
autopsy or | ||||||
| 20 | otherwise.
| ||||||
| 21 | In cases of accidental death involving a motor vehicle in | ||||||
| 22 | which the
decedent was (1) the operator or a suspected operator | ||||||
| 23 | of a motor
vehicle, or (2) a pedestrian 16 years of age or | ||||||
| 24 | older, the coroner shall
require that a blood specimen of at | ||||||
| 25 | least 30 cc., and if medically
possible a urine specimen of at | ||||||
| 26 | least 30 cc. or as much as possible up
to 30 cc., be withdrawn | ||||||
| |||||||
| |||||||
| 1 | from the body of the decedent in a timely fashion after
the | ||||||
| 2 | accident causing his death, by such physician as has been | ||||||
| 3 | designated
in accordance with Section 3-3014, or by the coroner | ||||||
| 4 | or deputy coroner or
a qualified person designated by such | ||||||
| 5 | physician, coroner, or deputy coroner. If the county
does not | ||||||
| 6 | maintain laboratory facilities for making such analysis, the
| ||||||
| 7 | blood and urine so drawn shall be sent to the Department of | ||||||
| 8 | State Police or any other accredited or State-certified | ||||||
| 9 | laboratory
for analysis of the alcohol, carbon monoxide, and | ||||||
| 10 | dangerous or
narcotic drug content of such blood and urine | ||||||
| 11 | specimens. Each specimen
submitted shall be accompanied by | ||||||
| 12 | pertinent information concerning the
decedent upon a form | ||||||
| 13 | prescribed by such laboratory. Any
person drawing blood and | ||||||
| 14 | urine and any person making any examination of
the blood and | ||||||
| 15 | urine under the terms of this Division shall be immune from all
| ||||||
| 16 | liability, civil or criminal, that might otherwise be incurred | ||||||
| 17 | or
imposed.
| ||||||
| 18 | In all other cases coming within the jurisdiction of the | ||||||
| 19 | coroner and
referred to in subparagraphs (a) through (e) above, | ||||||
| 20 | blood, and whenever
possible, urine samples shall be analyzed | ||||||
| 21 | for the presence of alcohol
and other drugs. When the coroner | ||||||
| 22 | suspects that drugs may have been
involved in the death, either | ||||||
| 23 | directly or indirectly, a toxicological
examination shall be | ||||||
| 24 | performed which may include analyses of blood, urine,
bile, | ||||||
| 25 | gastric contents and other tissues. When the coroner suspects
a | ||||||
| 26 | death is due to toxic substances, other than drugs, the coroner | ||||||
| |||||||
| |||||||
| 1 | shall
consult with the toxicologist prior to collection of | ||||||
| 2 | samples. Information
submitted to the toxicologist shall | ||||||
| 3 | include information as to height,
weight, age, sex and race of | ||||||
| 4 | the decedent as well as medical history,
medications used by | ||||||
| 5 | and the manner of death of decedent.
| ||||||
| 6 | When the coroner or medical examiner finds that the cause | ||||||
| 7 | of death is due to homicidal means, the coroner or medical | ||||||
| 8 | examiner shall cause blood and buccal specimens (tissue may be | ||||||
| 9 | submitted if no uncontaminated blood or buccal specimen can be | ||||||
| 10 | obtained), whenever possible, to be withdrawn from the body of | ||||||
| 11 | the decedent in a timely fashion. For proper preservation of | ||||||
| 12 | the specimens, collected blood and buccal specimens shall be | ||||||
| 13 | dried and tissue specimens shall be frozen if available | ||||||
| 14 | equipment exists. As soon as possible, but no later than 30 | ||||||
| 15 | days after the collection of the specimens, the coroner or | ||||||
| 16 | medical examiner shall release those specimens to the police | ||||||
| 17 | agency responsible for investigating the death. As soon as | ||||||
| 18 | possible, but no later than 30 days after the receipt from the | ||||||
| 19 | coroner or medical examiner, the police agency shall submit the | ||||||
| 20 | specimens using the agency case number to a National DNA Index | ||||||
| 21 | System (NDIS) participating laboratory within this State, such | ||||||
| 22 | as the Illinois Department of State Police, Division of | ||||||
| 23 | Forensic Services, for analysis and categorizing into genetic | ||||||
| 24 | marker groupings. The results of the analysis and categorizing | ||||||
| 25 | into genetic marker groupings shall be provided to the Illinois | ||||||
| 26 | Department of State Police and shall be maintained by the | ||||||
| |||||||
| |||||||
| 1 | Illinois Department of State Police in the State central | ||||||
| 2 | repository in the same manner, and subject to the same | ||||||
| 3 | conditions, as provided in Section 5-4-3 of the Unified Code of | ||||||
| 4 | Corrections. The requirements of this paragraph are in addition | ||||||
| 5 | to any other findings, specimens, or information that the | ||||||
| 6 | coroner or medical examiner is required to provide during the | ||||||
| 7 | conduct of a criminal investigation.
| ||||||
| 8 | In all counties, in cases of apparent
suicide, homicide, or | ||||||
| 9 | accidental death or in other cases, within the
discretion of | ||||||
| 10 | the coroner, the coroner may summon 8 persons of lawful age
| ||||||
| 11 | from those persons drawn for petit jurors in the county. The | ||||||
| 12 | summons shall
command these persons to present themselves | ||||||
| 13 | personally at such a place and
time as the coroner shall | ||||||
| 14 | determine, and may be in any form which the
coroner shall | ||||||
| 15 | determine and may incorporate any reasonable form of request
| ||||||
| 16 | for acknowledgement which the coroner deems practical and | ||||||
| 17 | provides a
reliable proof of service. The summons may be served | ||||||
| 18 | by first class mail.
From the 8 persons so summoned, the | ||||||
| 19 | coroner shall select 6 to serve as the
jury for the inquest. | ||||||
| 20 | Inquests may be continued from time
to time, as the coroner may | ||||||
| 21 | deem necessary. The 6 jurors selected in
a given case may view | ||||||
| 22 | the body of the deceased.
If at any continuation of an inquest | ||||||
| 23 | one or more of the original jurors
shall be unable to continue | ||||||
| 24 | to serve, the coroner shall fill the vacancy or
vacancies. A | ||||||
| 25 | juror serving pursuant to this paragraph shall receive
| ||||||
| 26 | compensation from the county at the same rate as the rate of | ||||||
| |||||||
| |||||||
| 1 | compensation
that is paid to petit or grand jurors in the | ||||||
| 2 | county. The coroner shall
furnish to each juror without fee at | ||||||
| 3 | the time of his discharge a
certificate of the number of days | ||||||
| 4 | in attendance at an inquest, and, upon
being presented with | ||||||
| 5 | such certificate, the county treasurer shall pay to
the juror | ||||||
| 6 | the sum provided for his services.
| ||||||
| 7 | In counties which have a jury commission, in cases of | ||||||
| 8 | apparent suicide or
homicide or of accidental death, the | ||||||
| 9 | coroner may conduct an inquest. The jury commission shall | ||||||
| 10 | provide
at least 8 jurors to the coroner, from whom the coroner | ||||||
| 11 | shall select any 6
to serve as the jury for the inquest. | ||||||
| 12 | Inquests may be continued from time
to time as the coroner may | ||||||
| 13 | deem necessary. The 6 jurors originally chosen
in a given case | ||||||
| 14 | may view the body of the deceased. If at any continuation
of an | ||||||
| 15 | inquest one or more of the 6 jurors originally chosen shall be | ||||||
| 16 | unable
to continue to serve, the coroner shall fill the vacancy | ||||||
| 17 | or vacancies. At
the coroner's discretion, additional jurors to | ||||||
| 18 | fill such vacancies shall be
supplied by the jury commission. A | ||||||
| 19 | juror serving pursuant to this
paragraph in such county shall | ||||||
| 20 | receive compensation from the county at the
same rate as the | ||||||
| 21 | rate of compensation that is paid to petit or grand jurors
in | ||||||
| 22 | the county.
| ||||||
| 23 | In every case in which a fire is determined to be
a
| ||||||
| 24 | contributing factor in a death, the coroner shall report the | ||||||
| 25 | death to the
Office of the State Fire Marshal. The coroner | ||||||
| 26 | shall provide a copy of the death certificate (i) within 30 | ||||||
| |||||||
| |||||||
| 1 | days after filing the permanent death certificate and (ii) in a | ||||||
| 2 | manner that is agreed upon by the coroner and the State Fire | ||||||
| 3 | Marshal. | ||||||
| 4 | In every case in which a drug overdose is determined to be | ||||||
| 5 | the cause or a contributing factor in the death, the coroner or | ||||||
| 6 | medical examiner shall report the death to the Department of | ||||||
| 7 | Public Health. The Department of Public Health shall adopt | ||||||
| 8 | rules regarding specific information that must be reported in | ||||||
| 9 | the event of such a death. If possible, the coroner shall | ||||||
| 10 | report the cause of the overdose. As used in this Section, | ||||||
| 11 | "overdose" has the same meaning as it does in Section 414 of | ||||||
| 12 | the Illinois Controlled Substances Act. The Department of | ||||||
| 13 | Public Health shall issue a semiannual report to the General | ||||||
| 14 | Assembly summarizing the reports received. The Department | ||||||
| 15 | shall also provide on its website a monthly report of overdose | ||||||
| 16 | death figures organized by location, age, and any other | ||||||
| 17 | factors, the Department deems appropriate. | ||||||
| 18 | In addition, in every case in which domestic violence is | ||||||
| 19 | determined to be
a
contributing factor in a death, the coroner | ||||||
| 20 | shall report the death to the
Department of State Police.
| ||||||
| 21 | All deaths in State institutions and all deaths of wards of | ||||||
| 22 | the State in
private care facilities or in programs funded by | ||||||
| 23 | the Department of Human
Services under its powers relating to | ||||||
| 24 | mental health and developmental
disabilities or alcoholism and | ||||||
| 25 | substance
abuse or funded by the Department of Children and | ||||||
| 26 | Family Services shall
be reported to the coroner of the county | ||||||
| |||||||
| |||||||
| 1 | in which the facility is
located. If the coroner has reason to | ||||||
| 2 | believe that an investigation is
needed to determine whether | ||||||
| 3 | the death was caused by maltreatment or
negligent care of the | ||||||
| 4 | ward of the State, the coroner may conduct a
preliminary | ||||||
| 5 | investigation of the circumstances of such death as in cases of
| ||||||
| 6 | death under circumstances set forth in paragraphs (a) through | ||||||
| 7 | (e) of this
Section.
| ||||||
| 8 | (Source: P.A. 99-354, eff. 1-1-16; 99-480, eff. 9-9-15; revised | ||||||
| 9 | 10-20-15.)
| ||||||
| 10 | (55 ILCS 5/3-8007) (from Ch. 34, par. 3-8007)
| ||||||
| 11 | Sec. 3-8007. Duties and jurisdiction of commission. The | ||||||
| 12 | Merit
Commission shall have the duties, pursuant to recognized | ||||||
| 13 | merit principles
of public employment, of certification for | ||||||
| 14 | employment and promotion, and,
upon complaint of the sheriff or | ||||||
| 15 | State's Attorney states attorney as limited in this
Division, | ||||||
| 16 | to discipline or discharge as the circumstances may warrant. | ||||||
| 17 | All
full time deputy sheriffs shall be under the jurisdiction | ||||||
| 18 | of this Act and
the county board may provide that other | ||||||
| 19 | positions, including jail officers,
as defined in "An Act to | ||||||
| 20 | revise the law in relation to jails and jailers",
approved | ||||||
| 21 | March 3, 1874, as now or hereafter amended (repealed), shall be
| ||||||
| 22 | under the jurisdiction of the Commission. There may be exempted | ||||||
| 23 | from
coverage by resolution of the county board a "chief | ||||||
| 24 | deputy" or "chief
deputies" who shall be vested with all | ||||||
| 25 | authorities granted to deputy
sheriffs pursuant to Section | ||||||
| |||||||
| |||||||
| 1 | 3-6015. "Chief Deputy" or "Chief Deputies" as
used in this | ||||||
| 2 | Section include the personal assistant or assistants of the
| ||||||
| 3 | sheriff whether titled "chief deputy", "undersheriff" "under | ||||||
| 4 | sheriff", or "administrative
assistant".
| ||||||
| 5 | (Source: P.A. 86-962; revised 11-9-15.)
| ||||||
| 6 | (55 ILCS 5/3-9005) (from Ch. 34, par. 3-9005)
| ||||||
| 7 | Sec. 3-9005. Powers and duties of State's attorney.
| ||||||
| 8 | (a) The duty of each State's attorney shall be:
| ||||||
| 9 | (1) To commence and prosecute all actions, suits, | ||||||
| 10 | indictments and
prosecutions, civil and criminal, in the | ||||||
| 11 | circuit court for his county,
in which the people of the | ||||||
| 12 | State or county may be concerned.
| ||||||
| 13 | (2) To prosecute all forfeited bonds and | ||||||
| 14 | recognizances, and all
actions and proceedings for the | ||||||
| 15 | recovery of debts, revenues, moneys,
fines, penalties and | ||||||
| 16 | forfeitures accruing to the State or his county, or
to any | ||||||
| 17 | school district or road district in his county; also, to
| ||||||
| 18 | prosecute all suits in his county against railroad or | ||||||
| 19 | transportation
companies, which may be prosecuted in the | ||||||
| 20 | name of the People of the
State of Illinois.
| ||||||
| 21 | (3) To commence and prosecute all actions and | ||||||
| 22 | proceedings brought by
any county officer in his official | ||||||
| 23 | capacity.
| ||||||
| 24 | (4) To defend all actions and proceedings brought | ||||||
| 25 | against his
county, or against any county or State officer, | ||||||
| |||||||
| |||||||
| 1 | in his official
capacity, within his county.
| ||||||
| 2 | (5) To attend the examination of all persons brought | ||||||
| 3 | before any judge
on habeas corpus, when the prosecution is | ||||||
| 4 | in his county.
| ||||||
| 5 | (6) To attend before judges and prosecute charges of | ||||||
| 6 | felony or
misdemeanor, for which the offender is required | ||||||
| 7 | to be recognized to appear
before the circuit court, when | ||||||
| 8 | in his power so to do.
| ||||||
| 9 | (7) To give his opinion, without fee or reward, to any | ||||||
| 10 | county officer
in his county, upon any question or law | ||||||
| 11 | relating to any criminal or other
matter, in which the | ||||||
| 12 | people or the county may be concerned.
| ||||||
| 13 | (8) To assist the attorney general whenever it may be | ||||||
| 14 | necessary, and in
cases of appeal from his county to the | ||||||
| 15 | Supreme Court, to which it is the
duty of the attorney | ||||||
| 16 | general to attend, he shall furnish the attorney general
at | ||||||
| 17 | least 10 days before such is due to be filed, a manuscript | ||||||
| 18 | of a proposed
statement, brief and argument to be printed | ||||||
| 19 | and filed on behalf of the people,
prepared in accordance | ||||||
| 20 | with the rules of the Supreme Court. However, if
such | ||||||
| 21 | brief, argument or other document is due to be filed by law | ||||||
| 22 | or order
of court within this 10-day 10 day period, then | ||||||
| 23 | the State's attorney shall furnish
such as soon as may be | ||||||
| 24 | reasonable.
| ||||||
| 25 | (9) To pay all moneys received by him in trust, without | ||||||
| 26 | delay, to the
officer who by law is entitled to the custody | ||||||
| |||||||
| |||||||
| 1 | thereof.
| ||||||
| 2 | (10) To notify, by first class mail, complaining | ||||||
| 3 | witnesses of the ultimate
disposition of the cases arising | ||||||
| 4 | from an indictment or an information.
| ||||||
| 5 | (11) To perform such other and further duties as may, | ||||||
| 6 | from time to time,
be enjoined on him by law.
| ||||||
| 7 | (12) To appear in all proceedings by collectors of | ||||||
| 8 | taxes against
delinquent taxpayers for judgments to sell | ||||||
| 9 | real estate, and see that all the
necessary preliminary | ||||||
| 10 | steps have been legally taken to make the judgment legal
| ||||||
| 11 | and binding.
| ||||||
| 12 | (13) To notify, by first-class mail, the State | ||||||
| 13 | Superintendent of Education, the applicable regional | ||||||
| 14 | superintendent of schools, and the superintendent of the | ||||||
| 15 | employing school district or the chief school | ||||||
| 16 | administrator of the employing nonpublic school, if any, | ||||||
| 17 | upon the conviction of any individual known to possess a | ||||||
| 18 | certificate or license issued pursuant to Article 21 or | ||||||
| 19 | 21B, respectively, of the School Code of any offense set | ||||||
| 20 | forth in Section 21B-80 of the School Code or any other | ||||||
| 21 | felony conviction, providing the name of the certificate | ||||||
| 22 | holder, the fact of the conviction, and the name and | ||||||
| 23 | location of the court where the conviction occurred. The | ||||||
| 24 | certificate holder must also be contemporaneously sent a | ||||||
| 25 | copy of the notice. | ||||||
| 26 | (b) The State's Attorney of each county shall have | ||||||
| |||||||
| |||||||
| 1 | authority to
appoint one or more special investigators to serve | ||||||
| 2 | subpoenas and , summonses, make return
of process, and conduct | ||||||
| 3 | investigations which assist the State's Attorney in
the | ||||||
| 4 | performance of his duties. In counties of the first and second | ||||||
| 5 | class, the fees for service of subpoenas and summonses are | ||||||
| 6 | allowed by this Section and shall be consistent with those set | ||||||
| 7 | forth in Section 4-5001 of this Act, except when increased by | ||||||
| 8 | county ordinance as provided for in Section 4-5001. In counties | ||||||
| 9 | of the third class, the fees for service of subpoenas and | ||||||
| 10 | summonses are allowed by this Section and shall be consistent | ||||||
| 11 | with those set forth in Section 4-12001 of this Act. A special | ||||||
| 12 | investigator shall not carry
firearms except with permission of | ||||||
| 13 | the State's Attorney and only while
carrying appropriate | ||||||
| 14 | identification indicating his employment and in the
| ||||||
| 15 | performance of his assigned duties.
| ||||||
| 16 | Subject to the qualifications set forth in this subsection, | ||||||
| 17 | special
investigators shall be peace officers and shall have | ||||||
| 18 | all the powers possessed
by investigators under the State's | ||||||
| 19 | Attorneys Appellate Prosecutor's Act.
| ||||||
| 20 | No special investigator employed by the State's Attorney | ||||||
| 21 | shall have peace
officer status or exercise police powers | ||||||
| 22 | unless he or she successfully
completes the basic police | ||||||
| 23 | training course mandated and approved by the
Illinois Law | ||||||
| 24 | Enforcement Training Standards Board or such
board waives the | ||||||
| 25 | training requirement by reason of the special
investigator's | ||||||
| 26 | prior law enforcement experience or training or both. Any
| ||||||
| |||||||
| |||||||
| 1 | State's Attorney appointing a special investigator shall | ||||||
| 2 | consult with all
affected local police agencies, to the extent | ||||||
| 3 | consistent with the public
interest, if the special | ||||||
| 4 | investigator is assigned to areas within that
agency's | ||||||
| 5 | jurisdiction.
| ||||||
| 6 | Before a person is appointed as a special investigator, his
| ||||||
| 7 | fingerprints shall be taken and transmitted to the Department | ||||||
| 8 | of State
Police. The Department shall examine its records and | ||||||
| 9 | submit to the State's
Attorney of the county in which the | ||||||
| 10 | investigator seeks appointment any
conviction information | ||||||
| 11 | concerning the person on file with the Department.
No person | ||||||
| 12 | shall be appointed as a special investigator if he has been
| ||||||
| 13 | convicted of a felony or other offense involving moral | ||||||
| 14 | turpitude. A
special investigator shall be paid a salary and be | ||||||
| 15 | reimbursed for actual
expenses incurred in performing his | ||||||
| 16 | assigned duties. The county board
shall approve the salary and | ||||||
| 17 | actual expenses and appropriate the salary
and expenses in the | ||||||
| 18 | manner prescribed by law or ordinance.
| ||||||
| 19 | (c) The State's
Attorney may request and receive from | ||||||
| 20 | employers, labor unions, telephone
companies, and utility | ||||||
| 21 | companies
location information concerning putative fathers and | ||||||
| 22 | noncustodial parents for
the purpose of establishing a child's | ||||||
| 23 | paternity or establishing, enforcing, or
modifying a child | ||||||
| 24 | support obligation. In this subsection, "location
information"
| ||||||
| 25 | means information about (i) the physical whereabouts of a | ||||||
| 26 | putative father or
noncustodial parent, (ii) the putative | ||||||
| |||||||
| |||||||
| 1 | father or noncustodial parent's
employer, or
(iii) the salary, | ||||||
| 2 | wages, and other
compensation paid and the health insurance | ||||||
| 3 | coverage provided to the putative
father or noncustodial parent | ||||||
| 4 | by the employer of the putative father or
noncustodial parent
| ||||||
| 5 | or by a labor union of which the putative father or | ||||||
| 6 | noncustodial parent is a
member.
| ||||||
| 7 | (d) For each State fiscal year, the
State's Attorney of | ||||||
| 8 | Cook County shall appear before the General Assembly and
| ||||||
| 9 | request appropriations to be made from the Capital Litigation | ||||||
| 10 | Trust Fund to the
State Treasurer for the purpose of providing | ||||||
| 11 | assistance in the prosecution of
capital cases in Cook County | ||||||
| 12 | and for the purpose of providing assistance to the State in | ||||||
| 13 | post-conviction proceedings in capital cases under Article 122 | ||||||
| 14 | of the Code of Criminal Procedure of 1963 and in relation to | ||||||
| 15 | petitions filed under Section 2-1401 of the Code of Civil | ||||||
| 16 | Procedure in relation to capital cases. The State's Attorney | ||||||
| 17 | may appear before the
General Assembly at other times during | ||||||
| 18 | the State's fiscal year to request
supplemental appropriations | ||||||
| 19 | from the Trust Fund to the State Treasurer.
| ||||||
| 20 | (e) The State's Attorney shall have the authority to enter | ||||||
| 21 | into a written
agreement with the Department of Revenue for | ||||||
| 22 | pursuit of civil
liability under subsection (E) of Section 17-1 | ||||||
| 23 | of the Criminal Code of 2012 against persons who
have issued to | ||||||
| 24 | the Department checks or other orders in violation of the
| ||||||
| 25 | provisions of paragraph (1) of subsection (B) of Section 17-1 | ||||||
| 26 | of the Criminal
Code of 2012, with the Department to retain the | ||||||
| |||||||
| |||||||
| 1 | amount owing upon the
dishonored check or order along with the | ||||||
| 2 | dishonored check fee imposed under the
Uniform Penalty and | ||||||
| 3 | Interest Act, with the balance of damages, fees, and costs
| ||||||
| 4 | collected under subsection (E) of Section 17-1 of the Criminal | ||||||
| 5 | Code of 2012 or under Section 17-1a of that Code to be retained | ||||||
| 6 | by
the State's Attorney. The agreement shall not affect the | ||||||
| 7 | allocation of fines
and costs imposed in any criminal | ||||||
| 8 | prosecution.
| ||||||
| 9 | (Source: P.A. 99-169, eff. 7-28-15; revised 11-9-15.)
| ||||||
| 10 | (55 ILCS 5/5-1006.5)
| ||||||
| 11 | Sec. 5-1006.5. Special County Retailers' Occupation Tax
| ||||||
| 12 | For Public Safety, Public Facilities, or Transportation. | ||||||
| 13 | (a) The county board of any county may impose a
tax upon | ||||||
| 14 | all persons engaged in the business of selling tangible | ||||||
| 15 | personal
property, other than personal property titled or | ||||||
| 16 | registered with an agency of
this State's government, at retail | ||||||
| 17 | in the county on the gross receipts from the
sales made in the | ||||||
| 18 | course of business to provide revenue to be used exclusively
| ||||||
| 19 | for public safety, public facility, or transportation purposes | ||||||
| 20 | in that county, if a
proposition for the
tax has been submitted | ||||||
| 21 | to the electors of that county and
approved by a majority of | ||||||
| 22 | those voting on the question. If imposed, this tax
shall be | ||||||
| 23 | imposed only in one-quarter percent increments. By resolution, | ||||||
| 24 | the
county board may order the proposition to be submitted at | ||||||
| 25 | any election.
If the tax is imposed for
transportation purposes | ||||||
| |||||||
| |||||||
| 1 | for expenditures for public highways or as
authorized
under the | ||||||
| 2 | Illinois Highway Code, the county board must publish notice
of | ||||||
| 3 | the existence of its long-range highway transportation
plan as | ||||||
| 4 | required or described in Section 5-301 of the Illinois
Highway | ||||||
| 5 | Code and must make the plan publicly available prior to
| ||||||
| 6 | approval of the ordinance or resolution
imposing the tax. If | ||||||
| 7 | the tax is imposed for transportation purposes for
expenditures | ||||||
| 8 | for passenger rail transportation, the county board must | ||||||
| 9 | publish
notice of the existence of its long-range passenger | ||||||
| 10 | rail transportation plan
and
must make the plan publicly | ||||||
| 11 | available prior to approval of the ordinance or
resolution | ||||||
| 12 | imposing the tax. | ||||||
| 13 | If a tax is imposed for public facilities purposes, then | ||||||
| 14 | the name of the project may be included in the proposition at | ||||||
| 15 | the discretion of the county board as determined in the | ||||||
| 16 | enabling resolution. For example, the "XXX Nursing Home" or the | ||||||
| 17 | "YYY Museum". | ||||||
| 18 | The county clerk shall certify the
question to the proper | ||||||
| 19 | election authority, who
shall submit the proposition at an | ||||||
| 20 | election in accordance with the general
election law.
| ||||||
| 21 | (1) The proposition for public safety purposes shall be | ||||||
| 22 | in
substantially the following form: | ||||||
| 23 | "To pay for public safety purposes, shall (name of | ||||||
| 24 | county) be authorized to impose an increase on its share of | ||||||
| 25 | local sales taxes by (insert rate)?" | ||||||
| 26 | As additional information on the ballot below the | ||||||
| |||||||
| |||||||
| 1 | question shall appear the following: | ||||||
| 2 | "This would mean that a consumer would pay an | ||||||
| 3 | additional (insert amount) in sales tax for every $100 of | ||||||
| 4 | tangible personal property bought at retail."
| ||||||
| 5 | The county board may also opt to establish a sunset | ||||||
| 6 | provision at which time the additional sales tax would | ||||||
| 7 | cease being collected, if not terminated earlier by a vote | ||||||
| 8 | of the county board. If the county board votes to include a | ||||||
| 9 | sunset provision, the proposition for public safety | ||||||
| 10 | purposes shall be in substantially the following form: | ||||||
| 11 | "To pay for public safety purposes, shall (name of | ||||||
| 12 | county) be authorized to impose an increase on its share of | ||||||
| 13 | local sales taxes by (insert rate) for a period not to | ||||||
| 14 | exceed (insert number of years)?" | ||||||
| 15 | As additional information on the ballot below the | ||||||
| 16 | question shall appear the following: | ||||||
| 17 | "This would mean that a consumer would pay an | ||||||
| 18 | additional (insert amount) in sales tax for every $100 of | ||||||
| 19 | tangible personal property bought at retail. If imposed, | ||||||
| 20 | the additional tax would cease being collected at the end | ||||||
| 21 | of (insert number of years), if not terminated earlier by a | ||||||
| 22 | vote of the county board."
| ||||||
| 23 | For the purposes of the
paragraph, "public safety | ||||||
| 24 | purposes" means
crime prevention, detention, fire | ||||||
| 25 | fighting, police, medical, ambulance, or
other emergency | ||||||
| 26 | services.
| ||||||
| |||||||
| |||||||
| 1 | Votes shall be recorded as "Yes" or "No".
| ||||||
| 2 | Beginning on the January 1 or July 1, whichever is first, | ||||||
| 3 | that occurs not less than 30 days after May 31, 2015 (the | ||||||
| 4 | effective date of Public Act 99-4) this amendatory Act of the | ||||||
| 5 | 99th General Assembly, Adams County may impose a public safety | ||||||
| 6 | retailers' occupation tax and service occupation tax at the | ||||||
| 7 | rate of 0.25%, as provided in the referendum approved by the | ||||||
| 8 | voters on April 7, 2015, notwithstanding the omission of the | ||||||
| 9 | additional information that is otherwise required to be printed | ||||||
| 10 | on the ballot below the question pursuant to this item (1). | ||||||
| 11 | (2) The proposition for transportation purposes shall | ||||||
| 12 | be in
substantially
the following form: | ||||||
| 13 | "To pay for improvements to roads and other | ||||||
| 14 | transportation purposes, shall (name of county) be | ||||||
| 15 | authorized to impose an increase on its share of local | ||||||
| 16 | sales taxes by (insert rate)?" | ||||||
| 17 | As additional information on the ballot below the | ||||||
| 18 | question shall appear the following: | ||||||
| 19 | "This would mean that a consumer would pay an | ||||||
| 20 | additional (insert amount) in sales tax for every $100 of | ||||||
| 21 | tangible personal property bought at retail."
| ||||||
| 22 | The county board may also opt to establish a sunset | ||||||
| 23 | provision at which time the additional sales tax would | ||||||
| 24 | cease being collected, if not terminated earlier by a vote | ||||||
| 25 | of the county board. If the county board votes to include a | ||||||
| 26 | sunset provision, the proposition for transportation | ||||||
| |||||||
| |||||||
| 1 | purposes shall be in substantially the following form: | ||||||
| 2 | "To pay for road improvements and other transportation | ||||||
| 3 | purposes, shall (name of county) be authorized to impose an | ||||||
| 4 | increase on its share of local sales taxes by (insert rate) | ||||||
| 5 | for a period not to exceed (insert number of years)?" | ||||||
| 6 | As additional information on the ballot below the | ||||||
| 7 | question shall appear the following: | ||||||
| 8 | "This would mean that a consumer would pay an | ||||||
| 9 | additional (insert amount) in sales tax for every $100 of | ||||||
| 10 | tangible personal property bought at retail. If imposed, | ||||||
| 11 | the additional tax would cease being collected at the end | ||||||
| 12 | of (insert number of years), if not terminated earlier by a | ||||||
| 13 | vote of the county board."
| ||||||
| 14 | For the purposes of this paragraph, transportation | ||||||
| 15 | purposes means
construction, maintenance, operation, and | ||||||
| 16 | improvement of
public highways, any other purpose for which | ||||||
| 17 | a county may expend funds under
the Illinois Highway Code, | ||||||
| 18 | and passenger rail transportation.
| ||||||
| 19 | The votes shall be recorded as "Yes" or "No".
| ||||||
| 20 | (3) The proposition for public facilities purposes | ||||||
| 21 | shall be in substantially the following form: | ||||||
| 22 | "To pay for public facilities purposes, shall (name of
| ||||||
| 23 | county) be authorized to impose an increase on its share of
| ||||||
| 24 | local sales taxes by (insert rate)?" | ||||||
| 25 | As additional information on the ballot below the
| ||||||
| 26 | question shall appear the following: | ||||||
| |||||||
| |||||||
| 1 | "This would mean that a consumer would pay an
| ||||||
| 2 | additional (insert amount) in sales tax for every $100 of
| ||||||
| 3 | tangible personal property bought at retail." | ||||||
| 4 | The county board may also opt to establish a sunset
| ||||||
| 5 | provision at which time the additional sales tax would
| ||||||
| 6 | cease being collected, if not terminated earlier by a vote
| ||||||
| 7 | of the county board. If the county board votes to include a
| ||||||
| 8 | sunset provision, the proposition for public facilities
| ||||||
| 9 | purposes shall be in substantially the following form: | ||||||
| 10 | "To pay for public facilities purposes, shall (name of
| ||||||
| 11 | county) be authorized to impose an increase on its share of
| ||||||
| 12 | local sales taxes by (insert rate) for a period not to
| ||||||
| 13 | exceed (insert number of years)?" | ||||||
| 14 | As additional information on the ballot below the
| ||||||
| 15 | question shall appear the following: | ||||||
| 16 | "This would mean that a consumer would pay an
| ||||||
| 17 | additional (insert amount) in sales tax for every $100 of
| ||||||
| 18 | tangible personal property bought at retail. If imposed,
| ||||||
| 19 | the additional tax would cease being collected at the end
| ||||||
| 20 | of (insert number of years), if not terminated earlier by a
| ||||||
| 21 | vote of the county board." | ||||||
| 22 | For purposes of this Section, "public facilities | ||||||
| 23 | purposes" means the acquisition, development, | ||||||
| 24 | construction, reconstruction, rehabilitation, improvement, | ||||||
| 25 | financing, architectural planning, and installation of | ||||||
| 26 | capital facilities consisting of buildings, structures, | ||||||
| |||||||
| |||||||
| 1 | and durable equipment and for the acquisition and | ||||||
| 2 | improvement of real property and interest in real property | ||||||
| 3 | required, or expected to be required, in connection with | ||||||
| 4 | the public facilities, for use by the county for the | ||||||
| 5 | furnishing of governmental services to its citizens, | ||||||
| 6 | including but not limited to museums and nursing homes. | ||||||
| 7 | The votes shall be recorded as "Yes" or "No". | ||||||
| 8 | If a majority of the electors voting on
the proposition | ||||||
| 9 | vote in favor of it, the county may impose the tax.
A county | ||||||
| 10 | may not submit more than one proposition authorized by this | ||||||
| 11 | Section
to the electors at any one time.
| ||||||
| 12 | This additional tax may not be imposed on the sales of food | ||||||
| 13 | for human
consumption that is to be consumed off the premises | ||||||
| 14 | where it is sold (other
than alcoholic beverages, soft drinks, | ||||||
| 15 | and food which has been prepared for
immediate consumption) and | ||||||
| 16 | prescription and non-prescription medicines, drugs,
medical | ||||||
| 17 | appliances and insulin, urine testing materials, syringes, and | ||||||
| 18 | needles
used by diabetics. The tax imposed by a county under | ||||||
| 19 | this Section and
all civil penalties that may be assessed as an | ||||||
| 20 | incident of the tax shall be
collected and enforced by the | ||||||
| 21 | Illinois Department of Revenue and deposited
into a special | ||||||
| 22 | fund created for that purpose. The certificate
of registration | ||||||
| 23 | that is issued by the Department to a retailer under the
| ||||||
| 24 | Retailers' Occupation Tax Act shall permit the retailer to | ||||||
| 25 | engage in a business
that is taxable without registering | ||||||
| 26 | separately with the Department under an
ordinance or resolution | ||||||
| |||||||
| |||||||
| 1 | under this Section. The Department has full
power to administer | ||||||
| 2 | and enforce this Section, to collect all taxes and
penalties | ||||||
| 3 | due under this Section, to dispose of taxes and penalties so
| ||||||
| 4 | collected in the manner provided in this Section, and to | ||||||
| 5 | determine
all rights to credit memoranda arising on account of | ||||||
| 6 | the erroneous payment of
a tax or penalty under this Section. | ||||||
| 7 | In the administration of and compliance
with this Section, the | ||||||
| 8 | Department and persons who are subject to this Section
shall | ||||||
| 9 | (i) have the same rights, remedies, privileges, immunities, | ||||||
| 10 | powers, and
duties, (ii) be subject to the same conditions, | ||||||
| 11 | restrictions, limitations,
penalties, and definitions of | ||||||
| 12 | terms, and (iii) employ the same modes of
procedure as are | ||||||
| 13 | prescribed in Sections 1, 1a, 1a-1, 1d, 1e, 1f,
1i, 1j,
1k, 1m, | ||||||
| 14 | 1n,
2 through 2-70 (in respect to all provisions contained in | ||||||
| 15 | those Sections
other than the
State rate of tax), 2a, 2b, 2c, 3 | ||||||
| 16 | (except provisions
relating to
transaction returns and quarter | ||||||
| 17 | monthly payments), 4, 5, 5a, 5b, 5c, 5d, 5e,
5f,
5g, 5h, 5i, | ||||||
| 18 | 5j, 5k, 5l, 6, 6a, 6b, 6c, 6d, 7, 8, 9, 10, 11, 11a, 12, and 13 | ||||||
| 19 | of the
Retailers' Occupation Tax Act and Section 3-7 of the | ||||||
| 20 | Uniform Penalty and
Interest Act as if those provisions were | ||||||
| 21 | set forth in this Section.
| ||||||
| 22 | Persons subject to any tax imposed under the authority | ||||||
| 23 | granted in this
Section may reimburse themselves for their | ||||||
| 24 | sellers' tax liability by
separately stating the tax as an | ||||||
| 25 | additional charge, which charge may be stated
in combination, | ||||||
| 26 | in a single amount, with State tax which sellers are required
| ||||||
| |||||||
| |||||||
| 1 | to collect under the Use Tax Act, pursuant to such bracketed | ||||||
| 2 | schedules as the
Department may prescribe.
| ||||||
| 3 | Whenever the Department determines that a refund should be | ||||||
| 4 | made under this
Section to a claimant instead of issuing a | ||||||
| 5 | credit memorandum, the Department
shall notify the State | ||||||
| 6 | Comptroller, who shall cause the order to be drawn for
the | ||||||
| 7 | amount specified and to the person named in the notification | ||||||
| 8 | from the
Department. The refund shall be paid by the State | ||||||
| 9 | Treasurer out of the County
Public Safety or Transportation | ||||||
| 10 | Retailers' Occupation Tax Fund.
| ||||||
| 11 | (b) If a tax has been imposed under subsection (a), a
| ||||||
| 12 | service occupation tax shall
also be imposed at the same rate | ||||||
| 13 | upon all persons engaged, in the county, in
the business
of | ||||||
| 14 | making sales of service, who, as an incident to making those | ||||||
| 15 | sales of
service, transfer tangible personal property within | ||||||
| 16 | the county
as an
incident to a sale of service.
This tax may | ||||||
| 17 | not be imposed on sales of food for human consumption that is | ||||||
| 18 | to
be consumed off the premises where it is sold (other than | ||||||
| 19 | alcoholic beverages,
soft drinks, and food prepared for | ||||||
| 20 | immediate consumption) and prescription and
non-prescription | ||||||
| 21 | medicines, drugs, medical appliances and insulin, urine
| ||||||
| 22 | testing materials, syringes, and needles used by diabetics.
The | ||||||
| 23 | tax imposed under this subsection and all civil penalties that | ||||||
| 24 | may be
assessed as an incident thereof shall be collected and | ||||||
| 25 | enforced by the
Department of Revenue. The Department has
full | ||||||
| 26 | power to
administer and enforce this subsection; to collect all | ||||||
| |||||||
| |||||||
| 1 | taxes and penalties
due hereunder; to dispose of taxes and | ||||||
| 2 | penalties so collected in the manner
hereinafter provided; and | ||||||
| 3 | to determine all rights to credit memoranda
arising on account | ||||||
| 4 | of the erroneous payment of tax or penalty hereunder.
In the | ||||||
| 5 | administration of, and compliance with this subsection, the
| ||||||
| 6 | Department and persons who are subject to this paragraph shall | ||||||
| 7 | (i) have the
same rights, remedies, privileges, immunities, | ||||||
| 8 | powers, and duties, (ii) be
subject to the same conditions, | ||||||
| 9 | restrictions, limitations, penalties,
exclusions, exemptions, | ||||||
| 10 | and definitions of terms, and (iii) employ the same
modes
of | ||||||
| 11 | procedure as are prescribed in Sections 2 (except that the
| ||||||
| 12 | reference to State in the definition of supplier maintaining a | ||||||
| 13 | place of
business in this State shall mean the county), 2a, 2b, | ||||||
| 14 | 2c, 3 through
3-50 (in respect to all provisions therein other | ||||||
| 15 | than the State rate of
tax), 4 (except that the reference to | ||||||
| 16 | the State shall be to the county),
5, 7, 8 (except that the | ||||||
| 17 | jurisdiction to which the tax shall be a debt to
the extent | ||||||
| 18 | indicated in that Section 8 shall be the county), 9 (except as
| ||||||
| 19 | to the disposition of taxes and penalties collected), 10, 11, | ||||||
| 20 | 12 (except the reference therein to Section 2b of the
| ||||||
| 21 | Retailers' Occupation Tax Act), 13 (except that any reference | ||||||
| 22 | to the State
shall mean the county), Section 15, 16,
17, 18, 19 | ||||||
| 23 | and 20 of the Service Occupation Tax Act and Section 3-7 of
the | ||||||
| 24 | Uniform Penalty and Interest Act, as fully as if those | ||||||
| 25 | provisions were
set forth herein.
| ||||||
| 26 | Persons subject to any tax imposed under the authority | ||||||
| |||||||
| |||||||
| 1 | granted in
this subsection may reimburse themselves for their | ||||||
| 2 | serviceman's tax liability
by separately stating the tax as an | ||||||
| 3 | additional charge, which
charge may be stated in combination, | ||||||
| 4 | in a single amount, with State tax
that servicemen are | ||||||
| 5 | authorized to collect under the Service Use Tax Act, in
| ||||||
| 6 | accordance with such bracket schedules as the Department may | ||||||
| 7 | prescribe.
| ||||||
| 8 | Whenever the Department determines that a refund should be | ||||||
| 9 | made under this
subsection to a claimant instead of issuing a | ||||||
| 10 | credit memorandum, the Department
shall notify the State | ||||||
| 11 | Comptroller, who shall cause the warrant to be drawn
for the | ||||||
| 12 | amount specified, and to the person named, in the notification
| ||||||
| 13 | from the Department. The refund shall be paid by the State | ||||||
| 14 | Treasurer out
of the County Public Safety or Transportation | ||||||
| 15 | Retailers' Occupation Fund.
| ||||||
| 16 | Nothing in this subsection shall be construed to authorize | ||||||
| 17 | the county
to impose a tax upon the privilege of engaging in | ||||||
| 18 | any business which under
the Constitution of the United States | ||||||
| 19 | may not be made the subject of taxation
by the State.
| ||||||
| 20 | (c) The Department shall immediately pay over to the State | ||||||
| 21 | Treasurer, ex
officio,
as trustee, all taxes and penalties | ||||||
| 22 | collected under this Section to be
deposited into the County | ||||||
| 23 | Public Safety or Transportation Retailers'
Occupation Tax | ||||||
| 24 | Fund, which
shall be an unappropriated trust fund held outside | ||||||
| 25 | of the State treasury. | ||||||
| 26 | As soon as possible after the first day of each month, | ||||||
| |||||||
| |||||||
| 1 | beginning January 1, 2011, upon certification of the Department | ||||||
| 2 | of Revenue, the Comptroller shall order transferred, and the | ||||||
| 3 | Treasurer shall transfer, to the STAR Bonds Revenue Fund the | ||||||
| 4 | local sales tax increment, as defined in the Innovation | ||||||
| 5 | Development and Economy Act, collected under this Section | ||||||
| 6 | during the second preceding calendar month for sales within a | ||||||
| 7 | STAR bond district. | ||||||
| 8 | After the monthly transfer to the STAR Bonds Revenue Fund, | ||||||
| 9 | on
or before the 25th
day of each calendar month, the | ||||||
| 10 | Department shall prepare and certify to the
Comptroller the | ||||||
| 11 | disbursement of stated sums of money
to the counties from which | ||||||
| 12 | retailers have paid
taxes or penalties to the Department during | ||||||
| 13 | the second preceding
calendar month. The amount to be paid to | ||||||
| 14 | each county, and deposited by the
county into its special fund | ||||||
| 15 | created for the purposes of this Section, shall
be the amount | ||||||
| 16 | (not
including credit memoranda) collected under this Section | ||||||
| 17 | during the second
preceding
calendar month by the Department | ||||||
| 18 | plus an amount the Department determines is
necessary to offset | ||||||
| 19 | any amounts that were erroneously paid to a different
taxing | ||||||
| 20 | body, and not including (i) an amount equal to the amount of | ||||||
| 21 | refunds
made
during the second preceding calendar month by the | ||||||
| 22 | Department on behalf of
the county, (ii) any amount that the | ||||||
| 23 | Department determines is
necessary to offset any amounts that | ||||||
| 24 | were payable to a different taxing body
but were erroneously | ||||||
| 25 | paid to the county, and (iii) any amounts that are transferred | ||||||
| 26 | to the STAR Bonds Revenue Fund. Within 10 days after receipt by | ||||||
| |||||||
| |||||||
| 1 | the
Comptroller of the disbursement certification to the | ||||||
| 2 | counties provided for in
this Section to be given to the | ||||||
| 3 | Comptroller by the Department, the Comptroller
shall cause the | ||||||
| 4 | orders to be drawn for the respective amounts in accordance
| ||||||
| 5 | with directions contained in the certification.
| ||||||
| 6 | In addition to the disbursement required by the preceding | ||||||
| 7 | paragraph, an
allocation shall be made in March of each year to | ||||||
| 8 | each county that received
more than $500,000 in disbursements | ||||||
| 9 | under the preceding paragraph in the
preceding calendar year. | ||||||
| 10 | The allocation shall be in an amount equal to the
average | ||||||
| 11 | monthly distribution made to each such county under the | ||||||
| 12 | preceding
paragraph during the preceding calendar year | ||||||
| 13 | (excluding the 2 months of
highest receipts). The distribution | ||||||
| 14 | made in March of each year subsequent to
the year in which an | ||||||
| 15 | allocation was made pursuant to this paragraph and the
| ||||||
| 16 | preceding paragraph shall be reduced by the amount allocated | ||||||
| 17 | and disbursed
under this paragraph in the preceding calendar | ||||||
| 18 | year. The Department shall
prepare and certify to the | ||||||
| 19 | Comptroller for disbursement the allocations made in
| ||||||
| 20 | accordance with this paragraph.
| ||||||
| 21 | A county may direct, by ordinance, that all or a portion of | ||||||
| 22 | the taxes and penalties collected under the Special County | ||||||
| 23 | Retailers' Occupation Tax For Public Safety or Transportation | ||||||
| 24 | be deposited into the Transportation Development Partnership | ||||||
| 25 | Trust Fund. | ||||||
| 26 | (d) For the purpose of determining the local governmental | ||||||
| |||||||
| |||||||
| 1 | unit whose tax is
applicable, a retail sale by a producer of | ||||||
| 2 | coal or another mineral mined in
Illinois is a sale at retail | ||||||
| 3 | at the place where the coal or other mineral mined
in Illinois | ||||||
| 4 | is extracted from the earth. This paragraph does not apply to | ||||||
| 5 | coal
or another mineral when it is delivered or shipped by the | ||||||
| 6 | seller to the
purchaser
at a point outside Illinois so that the | ||||||
| 7 | sale is exempt under the United States
Constitution as a sale | ||||||
| 8 | in interstate or foreign commerce.
| ||||||
| 9 | (e) Nothing in this Section shall be construed to authorize | ||||||
| 10 | a county to
impose a
tax upon the privilege of engaging in any | ||||||
| 11 | business that under the Constitution
of the United States may | ||||||
| 12 | not be made the subject of taxation by this State.
| ||||||
| 13 | (e-5) If a county imposes a tax under this Section, the | ||||||
| 14 | county board may,
by ordinance, discontinue or lower the rate | ||||||
| 15 | of the tax. If the county board
lowers the tax rate or | ||||||
| 16 | discontinues the tax, a referendum must be
held in accordance | ||||||
| 17 | with subsection (a) of this Section in order to increase the
| ||||||
| 18 | rate of the tax or to reimpose the discontinued tax.
| ||||||
| 19 | (f) Beginning April 1, 1998 and through December 31, 2013, | ||||||
| 20 | the results of any election authorizing a
proposition to impose | ||||||
| 21 | a tax
under this Section or effecting a change in the rate of | ||||||
| 22 | tax, or any ordinance
lowering the rate or discontinuing the | ||||||
| 23 | tax,
shall be certified
by the
county clerk and filed with the | ||||||
| 24 | Illinois Department of Revenue
either (i) on or
before the | ||||||
| 25 | first day of April, whereupon the Department shall proceed to
| ||||||
| 26 | administer and enforce the tax as of the first day of July next | ||||||
| |||||||
| |||||||
| 1 | following
the filing; or (ii)
on or before the first day of | ||||||
| 2 | October, whereupon the
Department shall proceed to administer | ||||||
| 3 | and enforce the tax as of the first
day of January next | ||||||
| 4 | following the filing.
| ||||||
| 5 | Beginning January 1, 2014, the results of any election | ||||||
| 6 | authorizing a proposition to impose a tax under this Section or | ||||||
| 7 | effecting an increase in the rate of tax, along with the | ||||||
| 8 | ordinance adopted to impose the tax or increase the rate of the | ||||||
| 9 | tax, or any ordinance adopted to lower the rate or discontinue | ||||||
| 10 | the tax, shall be certified by the county clerk and filed with | ||||||
| 11 | the Illinois Department of Revenue either (i) on or before the | ||||||
| 12 | first day of May, whereupon the Department shall proceed to | ||||||
| 13 | administer and enforce the tax as of the first day of July next | ||||||
| 14 | following the adoption and filing; or (ii) on or before the | ||||||
| 15 | first day of October, whereupon the Department shall proceed to | ||||||
| 16 | administer and enforce the tax as of the first day of January | ||||||
| 17 | next following the adoption and filing. | ||||||
| 18 | (g) When certifying the amount of a monthly disbursement to | ||||||
| 19 | a county under
this
Section, the Department shall increase or | ||||||
| 20 | decrease the amounts by an amount
necessary to offset any | ||||||
| 21 | miscalculation of previous disbursements. The offset
amount | ||||||
| 22 | shall be the amount erroneously disbursed within the previous 6 | ||||||
| 23 | months
from the time a miscalculation is discovered.
| ||||||
| 24 | (h) This Section may be cited as the "Special County | ||||||
| 25 | Occupation Tax
For Public Safety, Public Facilities, or | ||||||
| 26 | Transportation Law".
| ||||||
| |||||||
| |||||||
| 1 | (i) For purposes of this Section, "public safety" includes, | ||||||
| 2 | but is not
limited to, crime prevention, detention, fire | ||||||
| 3 | fighting, police, medical,
ambulance, or other emergency
| ||||||
| 4 | services. The county may share tax proceeds received under this | ||||||
| 5 | Section for public safety purposes, including proceeds | ||||||
| 6 | received before August 4, 2009 (the effective date of Public | ||||||
| 7 | Act 96-124), with any fire protection district located in the | ||||||
| 8 | county. For the purposes of this Section, "transportation" | ||||||
| 9 | includes, but
is not limited to, the construction,
maintenance, | ||||||
| 10 | operation, and improvement of public highways, any other
| ||||||
| 11 | purpose for which a county may expend funds under the Illinois | ||||||
| 12 | Highway Code,
and passenger rail transportation. For the | ||||||
| 13 | purposes of this Section, "public facilities purposes" | ||||||
| 14 | includes, but is not limited to, the acquisition, development, | ||||||
| 15 | construction, reconstruction, rehabilitation, improvement, | ||||||
| 16 | financing, architectural planning, and installation of capital | ||||||
| 17 | facilities consisting of buildings, structures, and durable | ||||||
| 18 | equipment and for the acquisition and improvement of real | ||||||
| 19 | property and interest in real property required, or expected to | ||||||
| 20 | be required, in connection with the public facilities, for use | ||||||
| 21 | by the county for the furnishing of governmental services to | ||||||
| 22 | its citizens, including but not limited to museums and nursing | ||||||
| 23 | homes. | ||||||
| 24 | (j) The Department may promulgate rules to implement Public | ||||||
| 25 | Act 95-1002 only to the extent necessary to apply the existing | ||||||
| 26 | rules for the Special County Retailers' Occupation Tax for | ||||||
| |||||||
| |||||||
| 1 | Public Safety to this new purpose for public facilities.
| ||||||
| 2 | (Source: P.A. 98-584, eff. 8-27-13; 99-4, eff. 5-31-15; 99-217, | ||||||
| 3 | eff. 7-31-15; revised 11-6-15.)
| ||||||
| 4 | (55 ILCS 5/5-1006.7) | ||||||
| 5 | Sec. 5-1006.7. School facility occupation taxes. | ||||||
| 6 | (a) In any county, a tax shall be imposed upon all persons | ||||||
| 7 | engaged in the business of selling tangible personal property, | ||||||
| 8 | other than personal property titled or registered with an | ||||||
| 9 | agency of this State's government, at retail in the county on | ||||||
| 10 | the gross receipts from the sales made in the course of | ||||||
| 11 | business to provide revenue to be used exclusively for school | ||||||
| 12 | facility purposes if a proposition for the tax has been | ||||||
| 13 | submitted to the electors of that county and approved by a | ||||||
| 14 | majority of those voting on the question as provided in | ||||||
| 15 | subsection (c). The tax under this Section shall be imposed | ||||||
| 16 | only in one-quarter percent increments and may not exceed 1%. | ||||||
| 17 | This additional tax may not be imposed on the sale of food | ||||||
| 18 | for human consumption that is to be consumed off the premises | ||||||
| 19 | where it is sold (other than alcoholic beverages, soft drinks, | ||||||
| 20 | and food that has been prepared for immediate consumption) and | ||||||
| 21 | prescription and non-prescription medicines, drugs, medical | ||||||
| 22 | appliances and insulin, urine testing materials, syringes and | ||||||
| 23 | needles used by diabetics.
The Department of Revenue has full | ||||||
| 24 | power to administer and enforce this subsection, to collect all | ||||||
| 25 | taxes and penalties due under this subsection, to dispose of | ||||||
| |||||||
| |||||||
| 1 | taxes and penalties so collected in the manner provided in this | ||||||
| 2 | subsection, and to determine all rights to credit memoranda | ||||||
| 3 | arising on account of the erroneous payment of a tax or penalty | ||||||
| 4 | under this subsection. The Department shall deposit all taxes | ||||||
| 5 | and penalties collected under this subsection into a special | ||||||
| 6 | fund created for that purpose. | ||||||
| 7 | In the administration of and compliance with this | ||||||
| 8 | subsection, the Department and persons who are subject to this | ||||||
| 9 | subsection (i) have the same rights, remedies, privileges, | ||||||
| 10 | immunities, powers, and duties, (ii) are subject to the same | ||||||
| 11 | conditions, restrictions, limitations, penalties, and | ||||||
| 12 | definitions of terms, and (iii) shall employ the same modes of | ||||||
| 13 | procedure as are set forth in Sections 1 through 1o, 2 through | ||||||
| 14 | 2-70 (in respect to all provisions contained in those Sections | ||||||
| 15 | other than the State rate of tax), 2a through 2h, 3 (except as | ||||||
| 16 | to the disposition of taxes and penalties collected), 4, 5, 5a, | ||||||
| 17 | 5b, 5c, 5d, 5e, 5f, 5g, 5h, 5i, 5j, 5k, 5l, 6, 6a, 6b, 6c, 6d, | ||||||
| 18 | 7, 8, 9, 10, 11, 11a, 12, and 13 of the Retailers' Occupation | ||||||
| 19 | Tax Act and all provisions of the Uniform Penalty and Interest | ||||||
| 20 | Act as if those provisions were set forth in this subsection. | ||||||
| 21 | The certificate of registration that is issued by the | ||||||
| 22 | Department to a retailer under the Retailers' Occupation Tax | ||||||
| 23 | Act permits the retailer to engage in a business that is | ||||||
| 24 | taxable without registering separately with the Department | ||||||
| 25 | under an ordinance or resolution under this subsection. | ||||||
| 26 | Persons subject to any tax imposed under the authority | ||||||
| |||||||
| |||||||
| 1 | granted in this subsection may reimburse themselves for their | ||||||
| 2 | seller's tax liability by separately stating that tax as an | ||||||
| 3 | additional charge, which may be stated in combination, in a | ||||||
| 4 | single amount, with State tax that sellers are required to | ||||||
| 5 | collect under the Use Tax Act, pursuant to any bracketed | ||||||
| 6 | schedules set forth by the Department. | ||||||
| 7 | (b) If a tax has been imposed under subsection (a), then a | ||||||
| 8 | service occupation tax must also be imposed at the same rate | ||||||
| 9 | upon all persons engaged, in the county, in the business of | ||||||
| 10 | making sales of service, who, as an incident to making those | ||||||
| 11 | sales of service, transfer tangible personal property within | ||||||
| 12 | the county as an incident to a sale of service. | ||||||
| 13 | This tax may not be imposed on sales of food for human | ||||||
| 14 | consumption that is to be consumed off the premises where it is | ||||||
| 15 | sold (other than alcoholic beverages, soft drinks, and food | ||||||
| 16 | prepared for immediate consumption) and prescription and | ||||||
| 17 | non-prescription medicines, drugs, medical appliances and | ||||||
| 18 | insulin, urine testing materials, syringes, and needles used by | ||||||
| 19 | diabetics. | ||||||
| 20 | The tax imposed under this subsection and all civil | ||||||
| 21 | penalties that may be assessed as an incident thereof shall be | ||||||
| 22 | collected and enforced by the Department and deposited into a | ||||||
| 23 | special fund created for that purpose. The Department has full | ||||||
| 24 | power to administer and enforce this subsection, to collect all | ||||||
| 25 | taxes and penalties due under this subsection, to dispose of | ||||||
| 26 | taxes and penalties so collected in the manner provided in this | ||||||
| |||||||
| |||||||
| 1 | subsection, and to determine all rights to credit memoranda | ||||||
| 2 | arising on account of the erroneous payment of a tax or penalty | ||||||
| 3 | under this subsection. | ||||||
| 4 | In the administration of and compliance with this | ||||||
| 5 | subsection, the Department and persons who are subject to this | ||||||
| 6 | subsection shall (i) have the same rights, remedies, | ||||||
| 7 | privileges, immunities, powers and duties, (ii) be subject to | ||||||
| 8 | the same conditions, restrictions, limitations, penalties and | ||||||
| 9 | definition of terms, and (iii) employ the same modes of | ||||||
| 10 | procedure as are set forth in Sections 2 (except that that | ||||||
| 11 | reference to State in the definition of supplier maintaining a | ||||||
| 12 | place of business in this State means the county), 2a through | ||||||
| 13 | 2d, 3 through 3-50 (in respect to all provisions contained in | ||||||
| 14 | those Sections other than the State rate of tax), 4 (except | ||||||
| 15 | that the reference to the State shall be to the county), 5, 7, | ||||||
| 16 | 8 (except that the jurisdiction to which the tax is a debt to | ||||||
| 17 | the extent indicated in that Section 8 is the county), 9 | ||||||
| 18 | (except as to the disposition of taxes and penalties | ||||||
| 19 | collected), 10, 11, 12 (except the reference therein to Section | ||||||
| 20 | 2b of the Retailers' Occupation Tax Act), 13 (except that any | ||||||
| 21 | reference to the State means the county), Section 15, 16, 17, | ||||||
| 22 | 18, 19, and 20 of the Service Occupation Tax Act and all | ||||||
| 23 | provisions of the Uniform Penalty and Interest Act, as fully as | ||||||
| 24 | if those provisions were set forth herein. | ||||||
| 25 | Persons subject to any tax imposed under the authority | ||||||
| 26 | granted in this subsection may reimburse themselves for their | ||||||
| |||||||
| |||||||
| 1 | serviceman's tax liability by separately stating the tax as an | ||||||
| 2 | additional charge, which may be stated in combination, in a | ||||||
| 3 | single amount, with State tax that servicemen are authorized to | ||||||
| 4 | collect under the Service Use Tax Act, pursuant to any | ||||||
| 5 | bracketed schedules set forth by the Department. | ||||||
| 6 | (c) The tax under this Section may not be imposed until the | ||||||
| 7 | question of imposing the tax has been submitted to the electors | ||||||
| 8 | of the county at a regular election and approved by a majority | ||||||
| 9 | of the electors voting on the question. For all regular | ||||||
| 10 | elections held prior to August 23, 2011 (the effective date of | ||||||
| 11 | Public Act 97-542) this amendatory Act of the 97th General | ||||||
| 12 | Assembly, upon a resolution by the county board or a resolution | ||||||
| 13 | by school district boards that represent at least 51% of the | ||||||
| 14 | student enrollment within the county, the county board must | ||||||
| 15 | certify the question to the proper election authority in | ||||||
| 16 | accordance with the Election Code. | ||||||
| 17 | For all regular elections held prior to August 23, 2011 | ||||||
| 18 | (the effective date of Public Act 97-542) this amendatory Act | ||||||
| 19 | of the 97th General Assembly, the election authority must | ||||||
| 20 | submit the question in substantially the following form: | ||||||
| 21 | Shall (name of county) be authorized to impose a | ||||||
| 22 | retailers' occupation tax and a service occupation tax | ||||||
| 23 | (commonly referred to as a "sales tax") at a rate of | ||||||
| 24 | (insert rate) to be used exclusively for school facility | ||||||
| 25 | purposes? | ||||||
| 26 | The election authority must record the votes as "Yes" or "No". | ||||||
| |||||||
| |||||||
| 1 | If a majority of the electors voting on the question vote | ||||||
| 2 | in the affirmative, then the county may, thereafter, impose the | ||||||
| 3 | tax. | ||||||
| 4 | For all regular elections held on or after August 23, 2011 | ||||||
| 5 | (the effective date of Public Act 97-542) this amendatory Act | ||||||
| 6 | of the 97th General Assembly, the regional superintendent of | ||||||
| 7 | schools for the county must, upon receipt of a resolution or | ||||||
| 8 | resolutions of school district boards that represent more than | ||||||
| 9 | 50% of the student enrollment within the county, certify the | ||||||
| 10 | question to the proper election authority for submission to the | ||||||
| 11 | electors of the county at the next regular election at which | ||||||
| 12 | the question lawfully may be submitted to the electors, all in | ||||||
| 13 | accordance with the Election Code. | ||||||
| 14 | For all regular elections held on or after August 23, 2011 | ||||||
| 15 | (the effective date of Public Act 97-542) this amendatory Act | ||||||
| 16 | of the 97th General Assembly, the election authority must | ||||||
| 17 | submit the question in substantially the following form: | ||||||
| 18 | Shall a retailers' occupation tax and a service | ||||||
| 19 | occupation tax (commonly referred to as a "sales tax") be | ||||||
| 20 | imposed in (name of county) at a rate of (insert rate) to | ||||||
| 21 | be used exclusively for school facility purposes? | ||||||
| 22 | The election authority must record the votes as "Yes" or "No". | ||||||
| 23 | If a majority of the electors voting on the question vote | ||||||
| 24 | in the affirmative, then the tax shall be imposed at the rate | ||||||
| 25 | set forth in the question. | ||||||
| 26 | For the purposes of this subsection (c), "enrollment" means | ||||||
| |||||||
| |||||||
| 1 | the head count of the students residing in the county on the | ||||||
| 2 | last school day of September of each year, which must be | ||||||
| 3 | reported on the Illinois State Board of Education Public School | ||||||
| 4 | Fall Enrollment/Housing Report.
| ||||||
| 5 | (d) The Department shall immediately pay over to the State | ||||||
| 6 | Treasurer, ex officio, as trustee, all taxes and penalties | ||||||
| 7 | collected under this Section to be deposited into the School | ||||||
| 8 | Facility Occupation Tax Fund, which shall be an unappropriated | ||||||
| 9 | trust fund held outside the State treasury. | ||||||
| 10 | On or before the 25th day of each calendar month, the | ||||||
| 11 | Department shall prepare and certify to the Comptroller the | ||||||
| 12 | disbursement of stated sums of money to the regional | ||||||
| 13 | superintendents of schools in counties from which retailers or | ||||||
| 14 | servicemen have paid taxes or penalties to the Department | ||||||
| 15 | during the second preceding calendar month. The amount to be | ||||||
| 16 | paid to each regional superintendent of schools and disbursed | ||||||
| 17 | to him or her in accordance with Section 3-14.31 of the School | ||||||
| 18 | Code, is equal to the amount (not including credit memoranda) | ||||||
| 19 | collected from the county under this Section during the second | ||||||
| 20 | preceding calendar month by the Department, (i) less 2% of that | ||||||
| 21 | amount, which shall be deposited into the Tax Compliance and | ||||||
| 22 | Administration Fund and shall be used by the Department, | ||||||
| 23 | subject to appropriation, to cover the costs of the Department | ||||||
| 24 | in administering and enforcing the provisions of this Section, | ||||||
| 25 | on behalf of the county, (ii) plus an amount that the | ||||||
| 26 | Department determines is necessary to offset any amounts that | ||||||
| |||||||
| |||||||
| 1 | were erroneously paid to a different taxing body; (iii) less an | ||||||
| 2 | amount equal to the amount of refunds made during the second | ||||||
| 3 | preceding calendar month by the Department on behalf of the | ||||||
| 4 | county; and (iv) less any amount that the Department determines | ||||||
| 5 | is necessary to offset any amounts that were payable to a | ||||||
| 6 | different taxing body but were erroneously paid to the county. | ||||||
| 7 | When certifying the amount of a monthly disbursement to a | ||||||
| 8 | regional superintendent of schools under this Section, the | ||||||
| 9 | Department shall increase or decrease the amounts by an amount | ||||||
| 10 | necessary to offset any miscalculation of previous | ||||||
| 11 | disbursements within the previous 6 months from the time a | ||||||
| 12 | miscalculation is discovered. | ||||||
| 13 | Within 10 days after receipt by the Comptroller from the | ||||||
| 14 | Department of the disbursement certification to the regional | ||||||
| 15 | superintendents of the schools provided for in this Section, | ||||||
| 16 | the Comptroller shall cause the orders to be drawn for the | ||||||
| 17 | respective amounts in accordance with directions contained in | ||||||
| 18 | the certification. | ||||||
| 19 | If the Department determines that a refund should be made | ||||||
| 20 | under this Section to a claimant instead of issuing a credit | ||||||
| 21 | memorandum, then the Department shall notify the Comptroller, | ||||||
| 22 | who shall cause the order to be drawn for the amount specified | ||||||
| 23 | and to the person named in the notification from the | ||||||
| 24 | Department. The refund shall be paid by the Treasurer out of | ||||||
| 25 | the School Facility Occupation Tax Fund.
| ||||||
| 26 | (e) For the purposes of determining the local governmental | ||||||
| |||||||
| |||||||
| 1 | unit whose tax is applicable, a retail sale by a producer of | ||||||
| 2 | coal or another mineral mined in Illinois is a sale at retail | ||||||
| 3 | at the place where the coal or other mineral mined in Illinois | ||||||
| 4 | is extracted from the earth. This subsection does not apply to | ||||||
| 5 | coal or another mineral when it is delivered or shipped by the | ||||||
| 6 | seller to the purchaser at a point outside Illinois so that the | ||||||
| 7 | sale is exempt under the United States Constitution as a sale | ||||||
| 8 | in interstate or foreign commerce. | ||||||
| 9 | (f) Nothing in this Section may be construed to authorize a | ||||||
| 10 | tax to be imposed upon the privilege of engaging in any | ||||||
| 11 | business that under the Constitution of the United States may | ||||||
| 12 | not be made the subject of taxation by this State. | ||||||
| 13 | (g) If a county board imposes a tax under this Section | ||||||
| 14 | pursuant to a referendum held before August 23, 2011 (the | ||||||
| 15 | effective date of Public Act 97-542) this amendatory Act of the | ||||||
| 16 | 97th General Assembly at a rate below the rate set forth in the | ||||||
| 17 | question approved by a majority of electors of that county | ||||||
| 18 | voting on the question as provided in subsection (c), then the | ||||||
| 19 | county board may, by ordinance, increase the rate of the tax up | ||||||
| 20 | to the rate set forth in the question approved by a majority of | ||||||
| 21 | electors of that county voting on the question as provided in | ||||||
| 22 | subsection (c). If a county board imposes a tax under this | ||||||
| 23 | Section pursuant to a referendum held before August 23, 2011 | ||||||
| 24 | (the effective date of Public Act 97-542) this amendatory Act | ||||||
| 25 | of the 97th General Assembly, then the board may, by ordinance, | ||||||
| 26 | discontinue or reduce the rate of the tax. If a tax is imposed | ||||||
| |||||||
| |||||||
| 1 | under this Section pursuant to a referendum held on or after | ||||||
| 2 | August 23, 2011 (the effective date of Public Act 97-542) this | ||||||
| 3 | amendatory Act of the 97th General Assembly, then the county | ||||||
| 4 | board may reduce or discontinue the tax, but only in accordance | ||||||
| 5 | with subsection (h-5) of this Section. If, however, a school | ||||||
| 6 | board issues bonds that are secured by the proceeds of the tax | ||||||
| 7 | under this Section, then the county board may not reduce the | ||||||
| 8 | tax rate or discontinue the tax if that rate reduction or | ||||||
| 9 | discontinuance would adversely affect the school board's | ||||||
| 10 | ability to pay the principal and interest on those bonds as | ||||||
| 11 | they become due or necessitate the extension of additional | ||||||
| 12 | property taxes to pay the principal and interest on those | ||||||
| 13 | bonds. If the county board reduces the tax rate or discontinues | ||||||
| 14 | the tax, then a referendum must be held in accordance with | ||||||
| 15 | subsection (c) of this Section in order to increase the rate of | ||||||
| 16 | the tax or to reimpose the discontinued tax. | ||||||
| 17 | Until January 1, 2014, the results of any election that | ||||||
| 18 | imposes, reduces, or discontinues a tax under this Section must | ||||||
| 19 | be certified by the election authority, and any ordinance that | ||||||
| 20 | increases or lowers the rate or discontinues the tax must be | ||||||
| 21 | certified by the county clerk and, in each case, filed with the | ||||||
| 22 | Illinois Department of Revenue either (i) on or before the | ||||||
| 23 | first day of April, whereupon the Department shall proceed to | ||||||
| 24 | administer and enforce the tax or change in the rate as of the | ||||||
| 25 | first day of July next following the filing; or (ii) on or | ||||||
| 26 | before the first day of October, whereupon the Department shall | ||||||
| |||||||
| |||||||
| 1 | proceed to administer and enforce the tax or change in the rate | ||||||
| 2 | as of the first day of January next following the filing. | ||||||
| 3 | Beginning January 1, 2014, the results of any election that | ||||||
| 4 | imposes, reduces, or discontinues a tax under this Section must | ||||||
| 5 | be certified by the election authority, and any ordinance that | ||||||
| 6 | increases or lowers the rate or discontinues the tax must be | ||||||
| 7 | certified by the county clerk and, in each case, filed with the | ||||||
| 8 | Illinois Department of Revenue either (i) on or before the | ||||||
| 9 | first day of May, whereupon the Department shall proceed to | ||||||
| 10 | administer and enforce the tax or change in the rate as of the | ||||||
| 11 | first day of July next following the filing; or (ii) on or | ||||||
| 12 | before the first day of October, whereupon the Department shall | ||||||
| 13 | proceed to administer and enforce the tax or change in the rate | ||||||
| 14 | as of the first day of January next following the filing. | ||||||
| 15 | (h) For purposes of this Section, "school facility | ||||||
| 16 | purposes" means (i) the acquisition, development, | ||||||
| 17 | construction, reconstruction, rehabilitation, improvement, | ||||||
| 18 | financing, architectural planning, and installation of capital | ||||||
| 19 | facilities consisting of buildings, structures, and durable | ||||||
| 20 | equipment and for the acquisition and improvement of real | ||||||
| 21 | property and interest in real property required, or expected to | ||||||
| 22 | be required, in connection with the capital facilities and (ii) | ||||||
| 23 | the payment of bonds or other obligations heretofore or | ||||||
| 24 | hereafter issued, including bonds or other obligations | ||||||
| 25 | heretofore or hereafter issued to refund or to continue to | ||||||
| 26 | refund bonds or other obligations issued, for school facility | ||||||
| |||||||
| |||||||
| 1 | purposes, provided that the taxes levied to pay those bonds are | ||||||
| 2 | abated by the amount of the taxes imposed under this Section | ||||||
| 3 | that are used to pay those bonds. "School-facility purposes" | ||||||
| 4 | also includes fire prevention, safety, energy conservation, | ||||||
| 5 | accessibility, school security, and specified repair purposes | ||||||
| 6 | set forth under Section 17-2.11 of the School Code. | ||||||
| 7 | (h-5) A county board in a county where a tax has been | ||||||
| 8 | imposed under this Section pursuant to a referendum held on or | ||||||
| 9 | after August 23, 2011 (the effective date of Public Act 97-542) | ||||||
| 10 | this amendatory Act of the 97th General Assembly may, by | ||||||
| 11 | ordinance or resolution, submit to the voters of the county the | ||||||
| 12 | question of reducing or discontinuing the tax. In the ordinance | ||||||
| 13 | or resolution, the county board shall certify the question to | ||||||
| 14 | the proper election authority in accordance with the Election | ||||||
| 15 | Code. The election authority must submit the question in | ||||||
| 16 | substantially the following form: | ||||||
| 17 | Shall the school facility retailers' occupation tax | ||||||
| 18 | and service occupation tax (commonly referred to as the | ||||||
| 19 | "school facility sales tax") currently imposed in (name of | ||||||
| 20 | county) at a rate of (insert rate) be (reduced to (insert | ||||||
| 21 | rate))(discontinued)? | ||||||
| 22 | If a majority of the electors voting on the question vote in | ||||||
| 23 | the affirmative, then, subject to the provisions of subsection | ||||||
| 24 | (g) of this Section, the tax shall be reduced or discontinued | ||||||
| 25 | as set forth in the question. | ||||||
| 26 | (i) This Section does not apply to Cook County. | ||||||
| |||||||
| |||||||
| 1 | (j) This Section may be cited as the County School Facility | ||||||
| 2 | Occupation Tax Law.
| ||||||
| 3 | (Source: P.A. 98-584, eff. 8-27-13; 99-143, eff. 7-27-15; | ||||||
| 4 | 99-217, eff. 7-31-15; revised 11-6-15.)
| ||||||
| 5 | (55 ILCS 5/5-12020) | ||||||
| 6 | Sec. 5-12020. Wind farms. Notwithstanding any other | ||||||
| 7 | provision of law, a county may establish standards for wind | ||||||
| 8 | farms and electric-generating wind devices. The standards may | ||||||
| 9 | include, without limitation, the height of the devices and the | ||||||
| 10 | number of devices that may be located within a geographic area. | ||||||
| 11 | A county may also regulate the siting of wind farms and | ||||||
| 12 | electric-generating wind devices in unincorporated areas of | ||||||
| 13 | the county outside of the zoning jurisdiction of a municipality | ||||||
| 14 | and the 1.5 mile radius surrounding the zoning jurisdiction of | ||||||
| 15 | a municipality. There shall be at least one public hearing not | ||||||
| 16 | more than 30 days prior to a siting decision by the county | ||||||
| 17 | board. Notice of the hearing shall be published in a newspaper | ||||||
| 18 | of general circulation in the county. A commercial wind energy | ||||||
| 19 | facility owner, as defined in the Wind Energy Facilities | ||||||
| 20 | Agricultural Impact Mitigation Act, must enter into an | ||||||
| 21 | agricultural impact mitigation agreement with the Department | ||||||
| 22 | of Agriculture prior to the date of the required public | ||||||
| 23 | hearing. A commercial wind energy facility owner seeking an | ||||||
| 24 | extension of a permit granted by a county prior to July 24, | ||||||
| 25 | 2015 (the effective date of Public Act 99-132) this amendatory | ||||||
| |||||||
| |||||||
| 1 | Act of the 99th General Assembly must enter into an | ||||||
| 2 | agricultural impact mitigation agreement with the Department | ||||||
| 3 | of Agriculture prior to a decision by the county to grant the | ||||||
| 4 | permit extension. Counties may allow test wind towers to be | ||||||
| 5 | sited without formal approval by the county board. Any | ||||||
| 6 | provision of a county zoning ordinance pertaining to wind farms | ||||||
| 7 | that is in effect before August 16, 2007 (the effective date of | ||||||
| 8 | Public Act 95-203) this amendatory Act of the 95th General | ||||||
| 9 | Assembly may continue in effect notwithstanding any | ||||||
| 10 | requirements of this Section. | ||||||
| 11 | A county may not require a wind tower or other renewable | ||||||
| 12 | energy system that is used exclusively by an end user to be | ||||||
| 13 | setback more than 1.1 times the height of the renewable energy | ||||||
| 14 | system from the end user's property line.
| ||||||
| 15 | (Source: P.A. 99-123, eff. 1-1-16; 99-132, eff. 7-24-15; | ||||||
| 16 | revised 11-6-15.)
| ||||||
| 17 | (55 ILCS 5/6-1003) (from Ch. 34, par. 6-1003)
| ||||||
| 18 | Sec. 6-1003. Further appropriations barred; transfers. | ||||||
| 19 | After
the adoption of the county budget, no further | ||||||
| 20 | appropriations shall be made
at any other time during such | ||||||
| 21 | fiscal year, except as provided in this
Division. | ||||||
| 22 | Appropriations in excess of those authorized by the budget in | ||||||
| 23 | order to meet an immediate emergency may be made at any meeting | ||||||
| 24 | of the board by a two-thirds vote of all the members | ||||||
| 25 | constituting such board, the vote to be taken by ayes and nays | ||||||
| |||||||
| |||||||
| 1 | and entered on the record of the meeting. After the adoption of | ||||||
| 2 | the county budget, transfers of appropriations may be made | ||||||
| 3 | without a vote of the board; however, transfers of | ||||||
| 4 | appropriations affecting personnel and capital may be made at
| ||||||
| 5 | any meeting of the board by a two-thirds vote of all the | ||||||
| 6 | members
constituting such board, the vote to be taken by ayes | ||||||
| 7 | and nays and entered
on the record of the meeting, provided for | ||||||
| 8 | any type of transfer that the total amount appropriated for the | ||||||
| 9 | fund is not affected.
| ||||||
| 10 | (Source: P.A. 99-356, eff. 8-13-15; revised 11-9-15.)
| ||||||
| 11 | Section 210. The County Economic Development Project Area | ||||||
| 12 | Property
Tax Allocation Act is amended by changing Section 10 | ||||||
| 13 | as follows:
| ||||||
| 14 | (55 ILCS 85/10) (from Ch. 34, par. 7010)
| ||||||
| 15 | Sec. 10. Conflicts of interests, disclosure. If any member | ||||||
| 16 | of the
corporate authorities of a county, or any employee or | ||||||
| 17 | consultant of the
county involved in the planning, analysis, | ||||||
| 18 | preparation or administration of
an economic development plan | ||||||
| 19 | or an economic development project, or any
proposed economic | ||||||
| 20 | development plan or any proposed economic development
project, | ||||||
| 21 | owns or controls any interest, direct or indirect, in any | ||||||
| 22 | property
included in any economic development project area or | ||||||
| 23 | proposed economic
development project area, he or she shall | ||||||
| 24 | disclose the same in writing to
the county clerk, which | ||||||
| |||||||
| |||||||
| 1 | disclosure shall include the dates, terms and
conditions of any | ||||||
| 2 | disposition of any such interest. The disclosures shall
be | ||||||
| 3 | acknowledged by the corporate authorities of the county and | ||||||
| 4 | entered upon
the official records and files of the corporate | ||||||
| 5 | authorities. Any such
individual holding any such interest | ||||||
| 6 | shall refrain from any further
official involvement regarding | ||||||
| 7 | such established or proposed economic
development project | ||||||
| 8 | area, economic development plan or economic development
| ||||||
| 9 | project, and shall also refrain from form voting on any matter | ||||||
| 10 | pertaining to
that project, plan or area and from communicating | ||||||
| 11 | with any members of the
corporate authorities of the county and | ||||||
| 12 | no employee of the county shall
acquire any interest, direct or | ||||||
| 13 | indirect, in any real or personal property
or rights or | ||||||
| 14 | interest therein within an economic development project area or
| ||||||
| 15 | a proposed economic development project area after that person | ||||||
| 16 | obtains
knowledge of the project, plan or area or after the | ||||||
| 17 | first public notice of
the project, plan or area is given by | ||||||
| 18 | the county, whichever shall first occur.
| ||||||
| 19 | (Source: P.A. 86-1388; revised 11-9-15.)
| ||||||
| 20 | Section 215. The Illinois Municipal Code is amended by | ||||||
| 21 | changing Sections 8-11-1.6 and 11-13-26 as follows:
| ||||||
| 22 | (65 ILCS 5/8-11-1.6)
| ||||||
| 23 | Sec. 8-11-1.6. Non-home rule municipal retailers | ||||||
| 24 | occupation tax;
municipalities between 20,000 and 25,000. The
| ||||||
| |||||||
| |||||||
| 1 | corporate
authorities of a non-home rule municipality with a | ||||||
| 2 | population of more than
20,000 but less than 25,000 that has, | ||||||
| 3 | prior to January 1, 1987, established a
Redevelopment Project | ||||||
| 4 | Area that has been certified as a State Sales Tax
Boundary and | ||||||
| 5 | has issued bonds or otherwise incurred indebtedness to pay for
| ||||||
| 6 | costs in excess of $5,000,000, which is secured in part by a | ||||||
| 7 | tax increment
allocation fund, in accordance with the | ||||||
| 8 | provisions of Division 11-74.4 of this
Code may, by passage of | ||||||
| 9 | an ordinance, impose a tax upon all persons engaged in
the | ||||||
| 10 | business of selling tangible personal property, other than on | ||||||
| 11 | an item of
tangible personal property that is titled and | ||||||
| 12 | registered by an agency of this
State's Government, at retail | ||||||
| 13 | in the municipality. This tax may not be
imposed on the sales | ||||||
| 14 | of food for human consumption that is to be consumed off
the | ||||||
| 15 | premises where it is sold (other than alcoholic beverages, soft | ||||||
| 16 | drinks, and
food that has been prepared for immediate | ||||||
| 17 | consumption) and prescription and
nonprescription medicines, | ||||||
| 18 | drugs, medical appliances and insulin, urine testing
| ||||||
| 19 | materials, syringes, and needles used by diabetics.
If imposed, | ||||||
| 20 | the tax shall
only be imposed in .25% increments of the gross | ||||||
| 21 | receipts from such sales made
in the course of business. Any | ||||||
| 22 | tax imposed by a municipality under this Section Sec.
and all | ||||||
| 23 | civil penalties that may be assessed as an incident thereof | ||||||
| 24 | shall be
collected and enforced by the State Department of | ||||||
| 25 | Revenue. An ordinance
imposing a tax hereunder or effecting a | ||||||
| 26 | change in the rate
thereof shall be adopted and a certified | ||||||
| |||||||
| |||||||
| 1 | copy thereof filed with the Department
on or before the first | ||||||
| 2 | day of October, whereupon the Department shall proceed
to | ||||||
| 3 | administer and enforce this Section as of the first day of | ||||||
| 4 | January next
following such adoption and filing. The | ||||||
| 5 | certificate of registration that is
issued by the Department to | ||||||
| 6 | a retailer under the Retailers' Occupation Tax Act
shall permit | ||||||
| 7 | the retailer to engage in a business that is taxable under any
| ||||||
| 8 | ordinance or resolution enacted under this Section without | ||||||
| 9 | registering
separately with the Department under the ordinance | ||||||
| 10 | or resolution or under this
Section. The Department shall have | ||||||
| 11 | full power to administer and enforce this
Section, to collect | ||||||
| 12 | all taxes and penalties due hereunder, to dispose of taxes
and | ||||||
| 13 | penalties so collected in the manner hereinafter provided, and | ||||||
| 14 | to determine
all rights to credit memoranda, arising on account | ||||||
| 15 | of the erroneous payment of
tax or penalty hereunder. In the | ||||||
| 16 | administration of, and compliance with
this Section, the | ||||||
| 17 | Department and persons who are subject to this Section shall
| ||||||
| 18 | have the same rights, remedies, privileges, immunities, | ||||||
| 19 | powers, and duties, and
be subject to the same conditions, | ||||||
| 20 | restrictions, limitations, penalties, and
definitions of | ||||||
| 21 | terms, and employ the same modes of procedure, as are | ||||||
| 22 | prescribed
in Sections 1, 1a, 1a-1, 1d, 1e, 1f, 1i, 1j, 2 | ||||||
| 23 | through 2-65 (in respect to all
provisions therein other than | ||||||
| 24 | the State rate of tax), 2c, 3 (except as to the
disposition of | ||||||
| 25 | taxes and penalties collected), 4, 5, 5a, 5b, 5c, 5d, 5e, 5f,
| ||||||
| 26 | 5g, 5h, 5i, 5j, 5k, 5l, 6, 6a, 6b, 6c, 6d, 7, 8, 9, 10, 11, 12 | ||||||
| |||||||
| |||||||
| 1 | and 13 of the
Retailers' Occupation Tax Act and Section 3-7 of | ||||||
| 2 | the Uniform Penalty and
Interest Act as fully as if those | ||||||
| 3 | provisions were set forth herein.
| ||||||
| 4 | A tax may not be imposed by a municipality under this | ||||||
| 5 | Section unless the
municipality also imposes a tax at the same | ||||||
| 6 | rate under Section 8-11-1.7 of this
Act.
| ||||||
| 7 | Persons subject to any tax imposed under the authority | ||||||
| 8 | granted in this
Section, may reimburse themselves for their | ||||||
| 9 | seller's tax liability hereunder by
separately stating the tax | ||||||
| 10 | as an additional charge, which charge may be stated
in | ||||||
| 11 | combination, in a single amount, with State tax which sellers | ||||||
| 12 | are required
to collect under the Use Tax Act, pursuant to such | ||||||
| 13 | bracket schedules as the
Department may prescribe.
| ||||||
| 14 | Whenever the Department determines that a refund should be | ||||||
| 15 | made under this
Section to a claimant, instead of issuing a | ||||||
| 16 | credit memorandum, the Department
shall notify the State | ||||||
| 17 | Comptroller, who shall cause the order to be drawn for
the | ||||||
| 18 | amount specified, and to the person named in the notification | ||||||
| 19 | from the
Department. The refund shall be paid by the State | ||||||
| 20 | Treasurer out of the
Non-Home Rule Municipal Retailers' | ||||||
| 21 | Occupation Tax Fund, which is hereby
created.
| ||||||
| 22 | The Department shall forthwith pay over to the State | ||||||
| 23 | Treasurer, ex officio,
as trustee, all taxes and penalties | ||||||
| 24 | collected hereunder. | ||||||
| 25 | As soon as possible after the first day of each month, | ||||||
| 26 | beginning January 1, 2011, upon certification of the Department | ||||||
| |||||||
| |||||||
| 1 | of Revenue, the Comptroller shall order transferred, and the | ||||||
| 2 | Treasurer shall transfer, to the STAR Bonds Revenue Fund the | ||||||
| 3 | local sales tax increment, as defined in the Innovation | ||||||
| 4 | Development and Economy Act, collected under this Section | ||||||
| 5 | during the second preceding calendar month for sales within a | ||||||
| 6 | STAR bond district. | ||||||
| 7 | After the monthly transfer to the STAR Bonds Revenue Fund, | ||||||
| 8 | on or before the 25th
day of each calendar month, the | ||||||
| 9 | Department shall prepare and certify to the
Comptroller the | ||||||
| 10 | disbursement of stated sums of money to named municipalities,
| ||||||
| 11 | the municipalities to be those from which retailers have paid | ||||||
| 12 | taxes or
penalties hereunder to the Department during the | ||||||
| 13 | second preceding calendar
month. The amount to be paid to each | ||||||
| 14 | municipality shall be the amount (not
including credit | ||||||
| 15 | memoranda) collected hereunder during the second preceding
| ||||||
| 16 | calendar month by the Department plus an amount the Department | ||||||
| 17 | determines is
necessary to offset any amounts that were | ||||||
| 18 | erroneously paid to a different
taxing body, and not including | ||||||
| 19 | an amount equal to the amount of refunds made
during the second | ||||||
| 20 | preceding calendar month by the Department on behalf of the
| ||||||
| 21 | municipality, and not including any amount that the Department | ||||||
| 22 | determines is
necessary to offset any amounts that were payable | ||||||
| 23 | to a different taxing body
but were erroneously paid to the | ||||||
| 24 | municipality, and not including any amounts that are | ||||||
| 25 | transferred to the STAR Bonds Revenue Fund. Within 10 days | ||||||
| 26 | after receipt
by the Comptroller of the disbursement | ||||||
| |||||||
| |||||||
| 1 | certification to the municipalities
provided for in this | ||||||
| 2 | Section to be given to the Comptroller by the Department,
the | ||||||
| 3 | Comptroller shall cause the orders to be drawn for the | ||||||
| 4 | respective amounts
in accordance with the directions contained | ||||||
| 5 | in the certification.
| ||||||
| 6 | For the purpose of determining the local governmental unit | ||||||
| 7 | whose tax is
applicable, a retail sale by a producer of coal or | ||||||
| 8 | other mineral mined in
Illinois is a sale at retail at the | ||||||
| 9 | place where the coal or other mineral
mined in Illinois is | ||||||
| 10 | extracted from the earth. This paragraph does not apply
to coal | ||||||
| 11 | or other mineral when it is delivered or shipped by the seller | ||||||
| 12 | to the
purchaser at a point outside Illinois so that the sale | ||||||
| 13 | is exempt under the
federal Constitution as a sale in | ||||||
| 14 | interstate or foreign commerce.
| ||||||
| 15 | Nothing in this Section shall be construed to authorize a | ||||||
| 16 | municipality to
impose a tax upon the privilege of engaging in | ||||||
| 17 | any business which under the
constitution of the United States | ||||||
| 18 | may not be made the subject of taxation by
this State.
| ||||||
| 19 | When certifying the amount of a monthly disbursement to a | ||||||
| 20 | municipality under
this Section, the Department shall increase | ||||||
| 21 | or decrease the amount by an
amount necessary to offset any | ||||||
| 22 | misallocation of previous disbursements. The
offset amount | ||||||
| 23 | shall be the amount erroneously disbursed within the previous 6
| ||||||
| 24 | months from the time a misallocation is discovered.
| ||||||
| 25 | As used in this Section, "municipal" and "municipality" | ||||||
| 26 | means a city,
village, or incorporated town, including an | ||||||
| |||||||
| |||||||
| 1 | incorporated town that has
superseded a civil township.
| ||||||
| 2 | (Source: P.A. 99-217, eff. 7-31-15; revised 11-9-15.)
| ||||||
| 3 | (65 ILCS 5/11-13-26) | ||||||
| 4 | Sec. 11-13-26. Wind farms. Notwithstanding any other | ||||||
| 5 | provision of law: | ||||||
| 6 | (a) A municipality may regulate wind farms and | ||||||
| 7 | electric-generating wind devices within its zoning | ||||||
| 8 | jurisdiction and within the 1.5 mile radius surrounding its | ||||||
| 9 | zoning jurisdiction. There shall be at least one public hearing | ||||||
| 10 | not more than 30 days prior to a siting decision by the | ||||||
| 11 | corporate authorities of a municipality. Notice of the hearing | ||||||
| 12 | shall be published in a newspaper of general circulation in the | ||||||
| 13 | municipality. A commercial wind energy facility owner, as | ||||||
| 14 | defined in the Wind Energy Facilities Agricultural Impact | ||||||
| 15 | Mitigation Act, must enter into an agricultural impact | ||||||
| 16 | mitigation agreement with the Department of Agriculture prior | ||||||
| 17 | to the date of the required public hearing. A commercial wind | ||||||
| 18 | energy facility owner seeking an extension of a permit granted | ||||||
| 19 | by a municipality prior to July 24, 2015 (the effective date of | ||||||
| 20 | Public Act 99-132) this amendatory Act of the 99th General | ||||||
| 21 | Assembly must enter into an agricultural impact mitigation | ||||||
| 22 | agreement with the Department of Agriculture prior to a | ||||||
| 23 | decision by the municipality to grant the permit extension. A | ||||||
| 24 | municipality may allow test wind towers to be sited without | ||||||
| 25 | formal approval by the corporate authorities of the | ||||||
| |||||||
| |||||||
| 1 | municipality. Test wind towers must be dismantled within 3 | ||||||
| 2 | years of installation. For the purposes of this Section, "test | ||||||
| 3 | wind towers" are wind towers that are designed solely to | ||||||
| 4 | collect wind generation data.
| ||||||
| 5 | (b) A municipality may not require a wind tower or other | ||||||
| 6 | renewable energy system that is used exclusively by an end user | ||||||
| 7 | to be setback more than 1.1 times the height of the renewable | ||||||
| 8 | energy system from the end user's property line. A setback | ||||||
| 9 | requirement imposed by a municipality on a renewable energy | ||||||
| 10 | system may not be more restrictive than as provided under this | ||||||
| 11 | subsection. This subsection is a limitation of home rule powers | ||||||
| 12 | and functions under subsection (i) of Section 6 of Article VII | ||||||
| 13 | of the Illinois Constitution on the concurrent exercise by home | ||||||
| 14 | rule units of powers and functions exercised by the State. | ||||||
| 15 | (Source: P.A. 99-123, eff. 1-1-16; 99-132, eff. 7-24-15; | ||||||
| 16 | revised 11-6-15.)
| ||||||
| 17 | Section 220. The Civic Center Code is amended by changing | ||||||
| 18 | Sections 170-50 and 240-50 as follows:
| ||||||
| 19 | (70 ILCS 200/170-50)
| ||||||
| 20 | Sec. 170-50. Contracts. All contracts for sale of
property | ||||||
| 21 | of the value of more than $10,000 or
for a an concession in or | ||||||
| 22 | lease of property, including air rights, of the
Authority for a | ||||||
| 23 | term of more than one year shall be awarded to the highest
| ||||||
| 24 | responsible bidder, after advertising for bids. All | ||||||
| |||||||
| |||||||
| 1 | construction contracts and
contracts for supplies, materials, | ||||||
| 2 | equipment and services, when the expense
thereof will exceed | ||||||
| 3 | $10,000, shall be let to the lowest responsible bidder,
after | ||||||
| 4 | advertising for bids, excepting (1) when repair parts, | ||||||
| 5 | accessories,
equipment or services are required for equipment | ||||||
| 6 | or services previously
furnished or contracted for; (2) when | ||||||
| 7 | the nature of the services required
is such that competitive | ||||||
| 8 | bidding is not in the best interest of the public,
including, | ||||||
| 9 | without limiting the generality of the foregoing, the services
| ||||||
| 10 | of accountants, architects, attorneys, engineers, physicians,
| ||||||
| 11 | superintendents of construction, and others possessing a high | ||||||
| 12 | degree of
skill; and (3) when services such as water, light, | ||||||
| 13 | heat, power, telephone
or
telegraph are required.
| ||||||
| 14 | All contracts involving less than $10,000 shall be let by | ||||||
| 15 | competitive
bidding to the lowest responsible bidder whenever | ||||||
| 16 | possible, and in any
event in a manner calculated to ensure the | ||||||
| 17 | best interests of the
public.
| ||||||
| 18 | In determining the responsibility of any bidder, the Board | ||||||
| 19 | may take into
account the past record of dealings with the | ||||||
| 20 | bidder, the bidder's
experience, adequacy
of equipment, and | ||||||
| 21 | ability to complete performance within the time set, and
other | ||||||
| 22 | factors besides financial responsibility, but in no case shall | ||||||
| 23 | any
such contracts be awarded to any other than the highest | ||||||
| 24 | bidder (in case of
sale, concession or lease) or the lowest | ||||||
| 25 | bidder (in case of purchase or
expenditure) unless authorized | ||||||
| 26 | or approved by a vote of at least
three-fourths of the members | ||||||
| |||||||
| |||||||
| 1 | of the Board, and unless such action is
accompanied by a | ||||||
| 2 | statement in writing setting forth the reasons for not
awarding | ||||||
| 3 | the contract to the highest or lowest bidder, as the case may | ||||||
| 4 | be,
which statement shall be kept on file in the principal | ||||||
| 5 | office of the
Authority and open to public inspection.
| ||||||
| 6 | From the group of responsible bidders the lowest bidder | ||||||
| 7 | shall be
selected in the following manner: to all bids for | ||||||
| 8 | sales the gross receipts
of which are not taxable under the | ||||||
| 9 | Retailers' Occupation Tax
Act, there shall be added an amount | ||||||
| 10 | equal to the tax
which would be payable under said Act, if | ||||||
| 11 | applicable, and the lowest in
amount of said adjusted bids and | ||||||
| 12 | bids for sales the gross receipts of which
are taxable under | ||||||
| 13 | said Act shall be considered the lowest bid; provided,
that, if | ||||||
| 14 | said lowest bid relates to a sale not taxable under said Act, | ||||||
| 15 | any
contract entered into thereon shall be in the amount of the | ||||||
| 16 | original bid
not adjusted as aforesaid.
| ||||||
| 17 | Contracts shall not be split into parts involving | ||||||
| 18 | expenditures of less
than $10,000 for the purposes of avoiding | ||||||
| 19 | the provisions of this Section, and
all such split contracts | ||||||
| 20 | shall be void. If any collusion occurs among
bidders or | ||||||
| 21 | prospective bidders in restraint of freedom of competition, by
| ||||||
| 22 | agreement to bid a fixed amount or to refrain from bidding or | ||||||
| 23 | otherwise,
the bids of such bidders shall be void. Each bidder | ||||||
| 24 | shall accompany his bid
with a sworn statement that he has not | ||||||
| 25 | been a party to any such agreement.
| ||||||
| 26 | Members of the Board, officers and employees of the | ||||||
| |||||||
| |||||||
| 1 | Authority, and their
relatives within the fourth degree of | ||||||
| 2 | consanguinity by the terms of the
civil law, are forbidden to | ||||||
| 3 | be interested directly or indirectly in any
contract for | ||||||
| 4 | construction or maintenance work or for the delivery of
| ||||||
| 5 | materials, supplies or equipment.
| ||||||
| 6 | The Board shall have the right to reject all bids and to | ||||||
| 7 | readvertise for
bids. If after any such advertisement no | ||||||
| 8 | responsible and satisfactory bid,
within the terms of the | ||||||
| 9 | advertisement, shall be received, the Board may
award such | ||||||
| 10 | contract, without competitive bidding, provided that it shall
| ||||||
| 11 | not be less advantageous to the Authority than any valid bid | ||||||
| 12 | received
pursuant to advertisement.
| ||||||
| 13 | The Board shall adopt rules and regulations to carry into | ||||||
| 14 | effect the
provisions of this Section.
| ||||||
| 15 | (Source: P.A. 93-491, eff. 1-1-04; revised 10-13-15.)
| ||||||
| 16 | (70 ILCS 200/240-50)
| ||||||
| 17 | Sec. 240-50. Contracts. All contracts for sale of
property | ||||||
| 18 | of the value of more than
$10,000 or for a an concession in or | ||||||
| 19 | lease of property including air rights, of the
Authority for a | ||||||
| 20 | term of more than one year shall be awarded to the highest
| ||||||
| 21 | responsible bidder, after advertising for bids. All | ||||||
| 22 | construction contracts
and contracts for supplies, materials, | ||||||
| 23 | equipment and services, when the
expense thereof will exceed | ||||||
| 24 | $10,000, shall be let to the lowest responsible
bidder, after | ||||||
| 25 | advertising for bids, excepting (1) when repair parts,
| ||||||
| |||||||
| |||||||
| 1 | accessories, equipment or services are required for equipment | ||||||
| 2 | or services
previously furnished or contracted for; (2) when | ||||||
| 3 | the nature of the services
required is such that competitive | ||||||
| 4 | bidding is not in the best interest of
the public, including, | ||||||
| 5 | without limiting the generality of the foregoing,
the services | ||||||
| 6 | of accountants, architects, attorneys, engineers, physicians,
| ||||||
| 7 | superintendents of construction, and others possessing a high | ||||||
| 8 | degree of
skill; and (3) when services such as water, light, | ||||||
| 9 | heat, power, telephone
or
telegraph are required.
| ||||||
| 10 | All contracts involving less than $10,000 shall be let by | ||||||
| 11 | competitive
bidding to the lowest responsible bidder whenever | ||||||
| 12 | possible, and in any
event in a manner calculated to ensure the | ||||||
| 13 | best interests of the
public.
| ||||||
| 14 | In determining the responsibility of any bidder, the Board | ||||||
| 15 | may take in
account the past record of dealings with the | ||||||
| 16 | bidder, experience, adequacy
of equipment, ability to complete | ||||||
| 17 | performance within the time set, and
other factors besides | ||||||
| 18 | financial responsibility, but in no case shall any
such | ||||||
| 19 | contracts be awarded to any other than the highest bidder (in | ||||||
| 20 | case of
sale, concession or lease) or the lowest bidder (in | ||||||
| 21 | case of purchase or
expenditure) unless authorized or approved | ||||||
| 22 | by the affirmative vote of at least
6 of the members of the | ||||||
| 23 | Board present at a meeting
at which a quorum is present, and | ||||||
| 24 | unless such action is
accompanied by a statement in writing | ||||||
| 25 | setting forth the reasons for not
awarding the contract to the | ||||||
| 26 | highest or lowest bidder, as the case may be,
which statement | ||||||
| |||||||
| |||||||
| 1 | shall be kept on file in the principal office of the
Authority | ||||||
| 2 | and open to public inspection.
| ||||||
| 3 | From the group of responsible bidders the lowest bidder | ||||||
| 4 | shall be
selected in the following manner: to all bids for | ||||||
| 5 | sales the gross receipts
of which are not taxable under the | ||||||
| 6 | Retailers' Occupation Tax
Act, there shall be added an amount | ||||||
| 7 | equal to the tax
which would be payable under said Act, if | ||||||
| 8 | applicable, and the lowest in
amount of said adjusted bids and | ||||||
| 9 | bids for sales the gross receipts of which
are taxable under | ||||||
| 10 | said Act shall be considered the lowest bid; provided,
that, if | ||||||
| 11 | said lowest bid relates to a sale not taxable under said Act, | ||||||
| 12 | any
contract entered into thereon shall be in the amount of the | ||||||
| 13 | original bid
not adjusted as aforesaid.
| ||||||
| 14 | Contracts shall not be split into parts involving | ||||||
| 15 | expenditures of less
than $10,000 for the purposes of avoiding | ||||||
| 16 | the provisions of this Section, and
all such split contracts | ||||||
| 17 | shall be void. If any collusion occurs among
bidders or | ||||||
| 18 | prospective bidders in restraint of freedom of competition, by
| ||||||
| 19 | agreement to bid a fixed amount or to refrain from bidding or | ||||||
| 20 | otherwise,
the bids of such bidders shall be void. Each bidder | ||||||
| 21 | shall accompany his bid
with a sworn statement that he has not | ||||||
| 22 | been a party to any such agreement.
| ||||||
| 23 | Members of the Board, officers and employees of the | ||||||
| 24 | Authority, and their
relatives within the fourth degree of | ||||||
| 25 | consanguinity by the terms of the
civil law, are forbidden to | ||||||
| 26 | be interested directly or indirectly in any
contract for | ||||||
| |||||||
| |||||||
| 1 | construction or maintenance work or for the delivery of
| ||||||
| 2 | materials, supplies or equipment.
| ||||||
| 3 | The Board shall have the right to reject all bids and to | ||||||
| 4 | readvertise for
bids. If after any such advertisement no | ||||||
| 5 | responsible and satisfactory bid,
within the terms of the | ||||||
| 6 | advertisement, shall be received, the Board may
award such | ||||||
| 7 | contract, without competitive bidding, provided that it shall
| ||||||
| 8 | not be less advantageous to the Authority than any valid bid | ||||||
| 9 | received
pursuant to advertisement.
| ||||||
| 10 | The Board shall adopt rules and regulations to carry into | ||||||
| 11 | effect the
provisions of this Section.
| ||||||
| 12 | (Source: P.A. 93-491, eff. 1-1-04; revised 10-13-15.)
| ||||||
| 13 | Section 225. The Flood Prevention District Act is amended | ||||||
| 14 | by changing Section 25 as follows:
| ||||||
| 15 | (70 ILCS 750/25)
| ||||||
| 16 | Sec. 25. Flood prevention retailers' and service | ||||||
| 17 | occupation taxes. | ||||||
| 18 | (a) If the Board of Commissioners of a flood prevention | ||||||
| 19 | district determines that an emergency situation exists | ||||||
| 20 | regarding levee repair or flood prevention, and upon an | ||||||
| 21 | ordinance confirming the determination adopted by the | ||||||
| 22 | affirmative vote of a majority of the members of the county | ||||||
| 23 | board of the county in which the district is situated, the | ||||||
| 24 | county may impose a flood prevention
retailers' occupation tax | ||||||
| |||||||
| |||||||
| 1 | upon all persons engaged in the business of
selling tangible | ||||||
| 2 | personal property at retail within the territory of the | ||||||
| 3 | district to provide revenue to pay the costs of providing | ||||||
| 4 | emergency levee repair and flood prevention and to secure the | ||||||
| 5 | payment of bonds, notes, and other evidences of indebtedness | ||||||
| 6 | issued under this Act for a period not to exceed 25 years or as | ||||||
| 7 | required to repay the bonds, notes, and other evidences of | ||||||
| 8 | indebtedness issued under this Act.
The tax rate shall be 0.25%
| ||||||
| 9 | of the gross receipts from all taxable sales made in the course | ||||||
| 10 | of that
business. The tax
imposed under this Section and all | ||||||
| 11 | civil penalties that may be
assessed as an incident thereof | ||||||
| 12 | shall be collected and enforced by the
State Department of | ||||||
| 13 | Revenue. The Department shall have full power to
administer and | ||||||
| 14 | enforce this Section; to collect all taxes and penalties
so | ||||||
| 15 | collected in the manner hereinafter provided; and to determine | ||||||
| 16 | all
rights to credit memoranda arising on account of the | ||||||
| 17 | erroneous payment
of tax or penalty hereunder. | ||||||
| 18 | In the administration of and compliance with this | ||||||
| 19 | subsection, the Department and persons who are subject to this | ||||||
| 20 | subsection (i) have the same rights, remedies, privileges, | ||||||
| 21 | immunities, powers, and duties, (ii) are subject to the same | ||||||
| 22 | conditions, restrictions, limitations, penalties, and | ||||||
| 23 | definitions of terms, and (iii) shall employ the same modes of | ||||||
| 24 | procedure as are set forth in Sections 1 through 1o, 2 through | ||||||
| 25 | 2-70 (in respect to all provisions contained in those Sections | ||||||
| 26 | other than the State rate of tax), 2a through 2h, 3 (except as | ||||||
| |||||||
| |||||||
| 1 | to the disposition of taxes and penalties collected), 4, 5, 5a, | ||||||
| 2 | 5b, 5c, 5d, 5e, 5f, 5g, 5h, 5i, 5l, 6, 6a, 6b, 6c, 6d, 7, 8, 9, | ||||||
| 3 | 10, 11, 11a, 12, and 13 of the Retailers' Occupation Tax Act | ||||||
| 4 | and all provisions of the Uniform Penalty and Interest Act as | ||||||
| 5 | if those provisions were set forth in this subsection. | ||||||
| 6 | Persons subject to any tax imposed under this Section may | ||||||
| 7 | reimburse themselves for their seller's tax
liability | ||||||
| 8 | hereunder by separately stating the tax as an additional
| ||||||
| 9 | charge, which charge may be stated in combination in a single | ||||||
| 10 | amount
with State taxes that sellers are required to collect | ||||||
| 11 | under the Use
Tax Act, under any bracket schedules the
| ||||||
| 12 | Department may prescribe. | ||||||
| 13 | If a tax is imposed under this subsection (a), a tax shall | ||||||
| 14 | also
be imposed under subsection (b) of this Section. | ||||||
| 15 | (b) If a tax has been imposed under subsection (a), a flood | ||||||
| 16 | prevention service occupation
tax shall
also be imposed upon | ||||||
| 17 | all persons engaged within the territory of the district in
the | ||||||
| 18 | business of making sales of service, who, as an incident to | ||||||
| 19 | making the sales
of service, transfer tangible personal | ||||||
| 20 | property,
either in the form of tangible personal property or | ||||||
| 21 | in the form of real estate
as an incident to a sale of service | ||||||
| 22 | to provide revenue to pay the costs of providing emergency | ||||||
| 23 | levee repair and flood prevention and to secure the payment of | ||||||
| 24 | bonds, notes, and other evidences of indebtedness issued under | ||||||
| 25 | this Act for a period not to exceed 25 years or as required to | ||||||
| 26 | repay the bonds, notes, and other evidences of indebtedness. | ||||||
| |||||||
| |||||||
| 1 | The tax rate shall be 0.25% of the selling price
of all | ||||||
| 2 | tangible personal property transferred. | ||||||
| 3 | The tax imposed under this subsection and all civil
| ||||||
| 4 | penalties that may be assessed as an incident thereof shall be | ||||||
| 5 | collected
and enforced by the State Department of Revenue. The | ||||||
| 6 | Department shall
have full power to administer and enforce this | ||||||
| 7 | subsection; to collect all
taxes and penalties due hereunder; | ||||||
| 8 | to dispose of taxes and penalties
collected in the manner | ||||||
| 9 | hereinafter provided; and to determine all
rights to credit | ||||||
| 10 | memoranda arising on account of the erroneous payment
of tax or | ||||||
| 11 | penalty hereunder. | ||||||
| 12 | In the administration of and compliance with this | ||||||
| 13 | subsection, the Department and persons who are subject to this | ||||||
| 14 | subsection shall (i) have the same rights, remedies, | ||||||
| 15 | privileges, immunities, powers, and duties, (ii) be subject to | ||||||
| 16 | the same conditions, restrictions, limitations, penalties, and | ||||||
| 17 | definitions of terms, and (iii) employ the same modes of | ||||||
| 18 | procedure as are set forth in Sections 2 (except that the | ||||||
| 19 | reference to State in the definition of supplier maintaining a | ||||||
| 20 | place of business in this State means the district), 2a through | ||||||
| 21 | 2d, 3 through 3-50 (in respect to all provisions contained in | ||||||
| 22 | those Sections other than the State rate of tax), 4 (except | ||||||
| 23 | that the reference to the State shall be to the district), 5, | ||||||
| 24 | 7, 8 (except that the jurisdiction to which the tax is a debt | ||||||
| 25 | to the extent indicated in that Section 8 is the district), 9 | ||||||
| 26 | (except as to the disposition of taxes and penalties | ||||||
| |||||||
| |||||||
| 1 | collected), 10, 11, 12 (except the reference therein to Section | ||||||
| 2 | 2b of the Retailers' Occupation Tax Act), 13 (except that any | ||||||
| 3 | reference to the State means the district), Section 15, 16, 17, | ||||||
| 4 | 18, 19, and 20 of the Service Occupation Tax Act and all | ||||||
| 5 | provisions of the Uniform Penalty and Interest Act, as fully as | ||||||
| 6 | if those provisions were set forth herein. | ||||||
| 7 | Persons subject to any tax imposed under the authority | ||||||
| 8 | granted
in this subsection may reimburse themselves for their | ||||||
| 9 | serviceman's tax
liability hereunder by separately stating the | ||||||
| 10 | tax as an additional
charge, that charge may be stated in | ||||||
| 11 | combination in a single amount
with State tax that servicemen | ||||||
| 12 | are authorized to collect under the
Service Use Tax Act, under | ||||||
| 13 | any bracket schedules the
Department may prescribe. | ||||||
| 14 | (c) The taxes imposed in subsections (a) and (b) may not be | ||||||
| 15 | imposed on personal property titled or registered with an | ||||||
| 16 | agency of the State; food for human consumption that is to be | ||||||
| 17 | consumed off the premises where it is sold (other than | ||||||
| 18 | alcoholic beverages, soft drinks, and food that has been | ||||||
| 19 | prepared for immediate consumption); prescription and | ||||||
| 20 | non-prescription medicines, drugs, and medical appliances; | ||||||
| 21 | modifications to a motor vehicle for the purpose of rendering | ||||||
| 22 | it usable by a person with a disability; or insulin, urine | ||||||
| 23 | testing materials, and syringes and needles used by diabetics. | ||||||
| 24 | (d) Nothing in this Section shall be construed to authorize | ||||||
| 25 | the
district to impose a tax upon the privilege of engaging in | ||||||
| 26 | any business
that under the Constitution of the United States | ||||||
| |||||||
| |||||||
| 1 | may not be made the
subject of taxation by the State. | ||||||
| 2 | (e) The certificate of registration that is issued by the | ||||||
| 3 | Department to a retailer under the Retailers' Occupation Tax | ||||||
| 4 | Act or a serviceman under the Service Occupation Tax Act | ||||||
| 5 | permits the retailer or serviceman to engage in a business that | ||||||
| 6 | is taxable without registering separately with the Department | ||||||
| 7 | under an ordinance or resolution under this Section. | ||||||
| 8 | (f) The Department shall immediately pay over to the State | ||||||
| 9 | Treasurer, ex officio, as trustee, all taxes and penalties | ||||||
| 10 | collected under this Section to be deposited into the Flood | ||||||
| 11 | Prevention Occupation Tax Fund, which shall be an | ||||||
| 12 | unappropriated trust fund held outside the State treasury. | ||||||
| 13 | On or before the 25th day of each calendar month, the | ||||||
| 14 | Department shall prepare and certify to the Comptroller the | ||||||
| 15 | disbursement of stated sums of money to the counties from which | ||||||
| 16 | retailers or servicemen have paid taxes or penalties to the | ||||||
| 17 | Department during the second preceding calendar month. The | ||||||
| 18 | amount to be paid to each county is equal to the amount (not | ||||||
| 19 | including credit memoranda) collected from the county under | ||||||
| 20 | this Section during the second preceding calendar month by the | ||||||
| 21 | Department, (i) less 2% of that amount, which shall be | ||||||
| 22 | deposited into the Tax Compliance and Administration Fund and | ||||||
| 23 | shall be used by the Department in administering and enforcing | ||||||
| 24 | the provisions of this Section on behalf of the county, (ii) | ||||||
| 25 | plus an amount that the Department determines is necessary to | ||||||
| 26 | offset any amounts that were erroneously paid to a different | ||||||
| |||||||
| |||||||
| 1 | taxing body; (iii) less an amount equal to the amount of | ||||||
| 2 | refunds made during the second preceding calendar month by the | ||||||
| 3 | Department on behalf of the county; and (iv) less any amount | ||||||
| 4 | that the Department determines is necessary to offset any | ||||||
| 5 | amounts that were payable to a different taxing body but were | ||||||
| 6 | erroneously paid to the county. When certifying the amount of a | ||||||
| 7 | monthly disbursement to a county under this Section, the | ||||||
| 8 | Department shall increase or decrease the amounts by an amount | ||||||
| 9 | necessary to offset any miscalculation of previous | ||||||
| 10 | disbursements within the previous 6 months from the time a | ||||||
| 11 | miscalculation is discovered. | ||||||
| 12 | Within 10 days after receipt by the Comptroller from the | ||||||
| 13 | Department of the disbursement certification to the counties | ||||||
| 14 | provided for in this Section, the Comptroller shall cause the | ||||||
| 15 | orders to be drawn for the respective amounts in accordance | ||||||
| 16 | with directions contained in the certification. | ||||||
| 17 | If the Department determines that a refund should be made | ||||||
| 18 | under this Section to a claimant instead of issuing a credit | ||||||
| 19 | memorandum, then the Department shall notify the Comptroller, | ||||||
| 20 | who shall cause the order to be drawn for the amount specified | ||||||
| 21 | and to the person named in the notification from the | ||||||
| 22 | Department. The refund shall be paid by the Treasurer out of | ||||||
| 23 | the Flood Prevention Occupation Tax Fund. | ||||||
| 24 | (g) If a county imposes a tax under this Section, then the | ||||||
| 25 | county board shall, by ordinance, discontinue the tax upon the | ||||||
| 26 | payment of all indebtedness of the flood prevention district. | ||||||
| |||||||
| |||||||
| 1 | The tax shall not be discontinued until all indebtedness of the | ||||||
| 2 | District has been paid. | ||||||
| 3 | (h) Any ordinance imposing the tax under this Section, or | ||||||
| 4 | any ordinance that discontinues the tax, must be certified by | ||||||
| 5 | the county clerk and filed with the Illinois Department of | ||||||
| 6 | Revenue either (i) on or before the first day of April, | ||||||
| 7 | whereupon the Department shall proceed to administer and | ||||||
| 8 | enforce the tax or change in the rate as of the first day of | ||||||
| 9 | July next following the filing; or (ii) on or before the first | ||||||
| 10 | day of October, whereupon the Department shall proceed to | ||||||
| 11 | administer and enforce the tax or change in the rate as of the | ||||||
| 12 | first day of January next following the filing. | ||||||
| 13 | (j) County Flood Prevention Occupation Tax Fund. All | ||||||
| 14 | proceeds received by a county from a tax distribution under | ||||||
| 15 | this Section must be maintained in a special fund known as the | ||||||
| 16 | [name of county] flood prevention occupation tax fund. The | ||||||
| 17 | county shall, at the direction of the flood prevention | ||||||
| 18 | district, use moneys in the fund to pay the costs of providing | ||||||
| 19 | emergency levee repair and flood prevention and to pay bonds, | ||||||
| 20 | notes, and other evidences of indebtedness issued under this | ||||||
| 21 | Act. | ||||||
| 22 | (k) This Section may be cited as the Flood Prevention | ||||||
| 23 | Occupation Tax Law.
| ||||||
| 24 | (Source: P.A. 99-143, eff. 7-27-15; 99-217, eff. 7-31-15; | ||||||
| 25 | revised 11-6-15.)
| ||||||
| |||||||
| |||||||
| 1 | Section 230. The Mt. Carmel Regional Port District Act is | ||||||
| 2 | amended by changing Section 22 as follows:
| ||||||
| 3 | (70 ILCS 1835/22) (from Ch. 19, par. 722)
| ||||||
| 4 | Sec. 22.
Members of the Board shall hold office until their | ||||||
| 5 | respective successors
have been appointed and qualified. Any | ||||||
| 6 | member may resign from his office to
take effect when his | ||||||
| 7 | successor has been appointed and qualified. The
Governor may | ||||||
| 8 | remove any member of the Board in case of incompetency,
neglect | ||||||
| 9 | of duty or malfeasance in office. He shall give such member a | ||||||
| 10 | copy
of the charges against him and an opportunity to be | ||||||
| 11 | publicly heard in
person or by counsel in his own defense upon | ||||||
| 12 | not less than 10 days' day's notice.
In case of failure to | ||||||
| 13 | qualify within the time required, or of abandonment
of his | ||||||
| 14 | office, or in case of death, conviction of a felony or removal | ||||||
| 15 | from
office, the office of such member shall become vacant. | ||||||
| 16 | Each vacancy shall
be filled for the unexpired term by | ||||||
| 17 | appointment in like manner as in case
of expiration of the term | ||||||
| 18 | of a member of the Board.
| ||||||
| 19 | (Source: P.A. 76-1788; revised 10-9-15.)
| ||||||
| 20 | Section 235. The Local Mass Transit District Act is amended | ||||||
| 21 | by changing Section 5 as follows:
| ||||||
| 22 | (70 ILCS 3610/5) (from Ch. 111 2/3, par. 355)
| ||||||
| 23 | Sec. 5.
(a) The Board of Trustees of every District may | ||||||
| |||||||
| |||||||
| 1 | establish or
acquire any or all manner of mass transit | ||||||
| 2 | facility. The Board may engage
in the business of | ||||||
| 3 | transportation of passengers on scheduled routes and
by | ||||||
| 4 | contract on nonscheduled routes within the territorial limits | ||||||
| 5 | of the
counties or municipalities creating the District, by | ||||||
| 6 | whatever means it
may decide. Its routes may be extended beyond | ||||||
| 7 | such territorial limits
with the consent of the governing | ||||||
| 8 | bodies of the municipalities or
counties into which such | ||||||
| 9 | operation is extended.
| ||||||
| 10 | (b) The Board of Trustees of every District may for the | ||||||
| 11 | purposes of
the District, acquire by gift, purchase, lease, | ||||||
| 12 | legacy, condemnation, or
otherwise and hold, use, improve, | ||||||
| 13 | maintain, operate, own, manage or
lease, as lessor or lessee, | ||||||
| 14 | such cars, buses, equipment, buildings,
structures, real and | ||||||
| 15 | personal property, and interests therein, and services,
lands | ||||||
| 16 | for
terminal and other related facilities, improvements and | ||||||
| 17 | services, or
any interest therein, including all or
any part of | ||||||
| 18 | the plant, land, buildings, equipment, vehicles, licenses,
| ||||||
| 19 | franchises,
patents, property, service contracts and | ||||||
| 20 | agreements of every kind and
nature.
Real property may be so | ||||||
| 21 | acquired if it is situated within or partially
within the area | ||||||
| 22 | served by the District or if it is outside the area
if it is | ||||||
| 23 | desirable or necessary for the purposes of the District.
| ||||||
| 24 | (c) The Board of Trustees of every District which | ||||||
| 25 | establishes, provides,
or
acquires mass transit facilities or | ||||||
| 26 | services may contract with any person
or
corporation or public | ||||||
| |||||||
| |||||||
| 1 | or private entity for the operation or provision
thereof upon | ||||||
| 2 | such terms and conditions as
the District shall determine.
| ||||||
| 3 | (d) The Board of Trustees of every District shall have the | ||||||
| 4 | authority
to contract for any and all purposes of the District, | ||||||
| 5 | including with an
interstate
transportation authority, or with | ||||||
| 6 | another local
Mass Transit District or any other municipal, | ||||||
| 7 | public, or private
corporation
entity in
the transportation | ||||||
| 8 | business including the authority to contract to lease
its or | ||||||
| 9 | otherwise provide land, buildings, and equipment, and other
| ||||||
| 10 | related facilities, improvements, and services, for the | ||||||
| 11 | carriage of
passengers beyond the territorial
limits of the | ||||||
| 12 | District or to subsidize transit operations by a public or
| ||||||
| 13 | private
or municipal corporation operating entity providing | ||||||
| 14 | mass transit
facilities.
| ||||||
| 15 | (e) The Board of Trustees of every District shall have the | ||||||
| 16 | authority
to establish, alter and discontinue transportation | ||||||
| 17 | routes and services and
any or all
ancillary or supporting | ||||||
| 18 | facilities and services, and to establish and amend
rate
| ||||||
| 19 | schedules for the transportation of persons thereon or for the | ||||||
| 20 | public or
private use thereof which rate schedules shall, | ||||||
| 21 | together with any
grants, receipts or income from other | ||||||
| 22 | sources, be sufficient to pay the
expenses of the District, the | ||||||
| 23 | repair, maintenance and the safe and
adequate operation of its | ||||||
| 24 | mass transit facilities and public mass
transportation
system | ||||||
| 25 | and to fulfill the terms of its debts, undertakings, and
| ||||||
| 26 | obligations.
| ||||||
| |||||||
| |||||||
| 1 | (f) The Board of Trustees of every District shall have | ||||||
| 2 | perpetual
succession and shall have the following powers in | ||||||
| 3 | addition to any others
in this Act granted:
| ||||||
| 4 | (1) to sue and be sued;
| ||||||
| 5 | (2) to adopt and use a seal;
| ||||||
| 6 | (3) to make and execute contracts loans, leases, | ||||||
| 7 | subleases, installment
purchase agreements, contracts, | ||||||
| 8 | notes and other instruments evidencing
financial | ||||||
| 9 | obligations, and other instruments necessary or
convenient | ||||||
| 10 | in the exercise of its powers;
| ||||||
| 11 | (4) to make, amend and repeal bylaws, rules and | ||||||
| 12 | regulations not
inconsistent with this Act;
| ||||||
| 13 | (5) to sell, lease, sublease, license, transfer, | ||||||
| 14 | convey or
otherwise dispose of any of its real or personal | ||||||
| 15 | property, or
interests
therein, in whole or in part, at any | ||||||
| 16 | time upon such terms and conditions as
it may determine,
| ||||||
| 17 | with public bidding if the value exceeds $1,000 at | ||||||
| 18 | negotiated, competitive,
public, or private sale;
| ||||||
| 19 | (6) to invest funds, not required for immediate | ||||||
| 20 | disbursement, in
property, agreements, or securities legal | ||||||
| 21 | for investment of public
funds
controlled by
savings banks | ||||||
| 22 | under applicable law;
| ||||||
| 23 | (7) to mortgage, pledge, hypothecate or otherwise | ||||||
| 24 | encumber all or
any part of its real or personal property | ||||||
| 25 | or other assets, or
interests therein;
| ||||||
| 26 | (8) to apply for, accept and use grants, loans or other | ||||||
| |||||||
| |||||||
| 1 | financial
assistance from any private entity or municipal, | ||||||
| 2 | county, State or Federal
governmental
agency or other | ||||||
| 3 | public entity;
| ||||||
| 4 | (9) to borrow money from the United States Government | ||||||
| 5 | or any agency
thereof, or from any other public or private | ||||||
| 6 | source, for the purposes of
the District and,
as evidence | ||||||
| 7 | thereof, to issue its revenue bonds, payable solely from | ||||||
| 8 | the
revenue derived from the operation of the District. | ||||||
| 9 | These bonds may be
issued with maturities not exceeding 40 | ||||||
| 10 | years from the date of the
bonds, and in such amounts as | ||||||
| 11 | may be necessary to provide sufficient
funds, together with | ||||||
| 12 | interest, for the purposes of the District. These
bonds | ||||||
| 13 | shall bear interest at a rate of not more than the maximum | ||||||
| 14 | rate
authorized by the Bond Authorization Act, as amended | ||||||
| 15 | at the time of the
making of the contract of sale, payable | ||||||
| 16 | semi-annually, may be made
registerable as to
principal, | ||||||
| 17 | and may be made payable and callable as provided on any
| ||||||
| 18 | interest payment date at a price of
par and accrued | ||||||
| 19 | interest under such terms and conditions as may be fixed by | ||||||
| 20 | the
ordinance authorizing the issuance of the bonds. Bonds | ||||||
| 21 | issued under this
Section are negotiable instruments. They | ||||||
| 22 | shall be executed by the chairman and
members of the Board | ||||||
| 23 | of Trustees, attested by the secretary, and shall be
sealed | ||||||
| 24 | with the corporate seal of
the District. In case any | ||||||
| 25 | Trustee or officer whose signature appears on the
bonds or
| ||||||
| 26 | coupons ceases to hold that office before the bonds are | ||||||
| |||||||
| |||||||
| 1 | delivered, such
officer's
signature, shall nevertheless be | ||||||
| 2 | valid and sufficient for all purposes, the
same as though | ||||||
| 3 | such officer had remained in office until the bonds
were | ||||||
| 4 | delivered. The
bonds shall be sold in such manner and upon | ||||||
| 5 | such terms as the Board of Trustees
shall determine, except | ||||||
| 6 | that the selling price shall be such that the interest
cost | ||||||
| 7 | to the District of the proceeds of the bonds shall not | ||||||
| 8 | exceed the maximum
rate authorized by the Bond | ||||||
| 9 | Authorization Act, as amended at the time of the
making of | ||||||
| 10 | the contract of sale, payable semi-annually, computed to | ||||||
| 11 | maturity
according
to the standard table of bond values.
| ||||||
| 12 | The ordinance shall fix the amount of revenue bonds | ||||||
| 13 | proposed to be
issued, the maturity or maturities, the | ||||||
| 14 | interest rate, which shall not
exceed the maximum rate | ||||||
| 15 | authorized by the Bond Authorization Act, as amended
at the | ||||||
| 16 | time of the making of the contract of sale, and all the | ||||||
| 17 | details in
connection
with the bonds. The ordinance may | ||||||
| 18 | contain such covenants and restrictions upon
the issuance | ||||||
| 19 | of additional revenue bonds thereafter, which will share | ||||||
| 20 | equally
in the revenue of the District, as may be deemed | ||||||
| 21 | necessary or advisable for
the
assurance of the payment of | ||||||
| 22 | the bonds first issued. Any District may also
provide in | ||||||
| 23 | the ordinance authorizing the issuance of bonds under this | ||||||
| 24 | Section
that the bonds, or such ones thereof as may be | ||||||
| 25 | specified, shall, to the extent
and in the manner | ||||||
| 26 | prescribed, be subordinated and be junior in standing, with
| ||||||
| |||||||
| |||||||
| 1 | respect to the payment of principal and interest and the | ||||||
| 2 | security thereof, to
such other bonds as are designated in | ||||||
| 3 | the ordinance.
| ||||||
| 4 | The ordinance shall pledge the revenue derived from the | ||||||
| 5 | operations of
the District for the purpose of paying the | ||||||
| 6 | cost of operation and
maintenance of the District, and, as | ||||||
| 7 | applicable, providing adequate
depreciation funds,
and | ||||||
| 8 | paying the principal of and interest on the bonds of the | ||||||
| 9 | District
issued under this Section; .
| ||||||
| 10 | (10) subject to Section 5.1, to levy a tax on property | ||||||
| 11 | within the
District at the rate of not to exceed .25% on | ||||||
| 12 | the assessed value of such
property in the manner provided | ||||||
| 13 | in the "The Illinois Municipal Budget Law",
approved July | ||||||
| 14 | 12, 1937, as amended;
| ||||||
| 15 | (11) to issue tax anticipation warrants;
| ||||||
| 16 | (12) to contract with any school district in this State | ||||||
| 17 | to provide
for the transportation of pupils to and from | ||||||
| 18 | school within such district
pursuant to the provisions of | ||||||
| 19 | Section 29-15 of the School Code;
| ||||||
| 20 | (13) to provide for the insurance of any property, | ||||||
| 21 | directors,
officers, employees or operations of the | ||||||
| 22 | District against any risk or
hazard, and to self-insure or | ||||||
| 23 | participate in joint self-insurance pools or
entities to | ||||||
| 24 | insure against such risk or hazard;
| ||||||
| 25 | (14) to use its established funds, personnel, and other | ||||||
| 26 | resources to
acquire, construct, operate, and maintain | ||||||
| |||||||
| |||||||
| 1 | bikeways and trails. Districts
may cooperate with other | ||||||
| 2 | governmental and private agencies in bikeway and
trail | ||||||
| 3 | programs; and
| ||||||
| 4 | (15) to acquire, own, maintain, construct, | ||||||
| 5 | reconstruct, improve, repair,
operate or lease any | ||||||
| 6 | light-rail public transportation system, terminal,
| ||||||
| 7 | terminal facility, public airport, or bridge or toll bridge | ||||||
| 8 | across waters with
any city, state, or both.
| ||||||
| 9 | With respect to instruments for the payment of money issued | ||||||
| 10 | under this
Section either before, on, or after June 6, 1989 | ||||||
| 11 | (the effective date of Public Act 86-4) this amendatory
Act of | ||||||
| 12 | 1989, it is and always has been the intention of the General
| ||||||
| 13 | Assembly (i) that the Omnibus Bond Acts are and always have | ||||||
| 14 | been
supplementary grants of power to issue instruments in | ||||||
| 15 | accordance with the
Omnibus Bond Acts, regardless of any | ||||||
| 16 | provision of this Act that may appear
to be or to have been | ||||||
| 17 | more restrictive than those Acts, (ii) that the
provisions of | ||||||
| 18 | this Section are not a limitation on the supplementary
| ||||||
| 19 | authority granted by the Omnibus Bond Acts, and (iii) that | ||||||
| 20 | instruments
issued under this Section within the supplementary | ||||||
| 21 | authority granted
by the Omnibus Bond Acts are not invalid | ||||||
| 22 | because of any provision of
this Act that may appear to be or | ||||||
| 23 | to have been more restrictive than
those Acts.
| ||||||
| 24 | This Section shall be liberally construed to give effect to | ||||||
| 25 | its purposes.
| ||||||
| 26 | (Source: P.A. 93-590, eff. 1-1-04; revised 10-13-15.)
| ||||||
| |||||||
| |||||||
| 1 | Section 240. The Regional Transportation Authority Act is | ||||||
| 2 | amended by changing Section 4.03 as follows:
| ||||||
| 3 | (70 ILCS 3615/4.03) (from Ch. 111 2/3, par. 704.03)
| ||||||
| 4 | Sec. 4.03. Taxes.
| ||||||
| 5 | (a) In order to carry out any of the powers or
purposes of | ||||||
| 6 | the Authority, the Board may by ordinance adopted with the
| ||||||
| 7 | concurrence of 12
of the then Directors, impose throughout the
| ||||||
| 8 | metropolitan region any or all of the taxes provided in this | ||||||
| 9 | Section.
Except as otherwise provided in this Act, taxes | ||||||
| 10 | imposed under this
Section and civil penalties imposed incident | ||||||
| 11 | thereto shall be collected
and enforced by the State Department | ||||||
| 12 | of Revenue. The Department shall
have the power to administer | ||||||
| 13 | and enforce the taxes and to determine all
rights for refunds | ||||||
| 14 | for erroneous payments of the taxes. Nothing in Public Act | ||||||
| 15 | 95-708 this amendatory Act of the 95th General Assembly is | ||||||
| 16 | intended to invalidate any taxes currently imposed by the | ||||||
| 17 | Authority. The increased vote requirements to impose a tax | ||||||
| 18 | shall only apply to actions taken after January 1, 2008 (the | ||||||
| 19 | effective date of Public Act 95-708) this amendatory Act of the | ||||||
| 20 | 95th General Assembly.
| ||||||
| 21 | (b) The Board may impose a public transportation tax upon | ||||||
| 22 | all
persons engaged in the metropolitan region in the business | ||||||
| 23 | of selling at
retail motor fuel for operation of motor vehicles | ||||||
| 24 | upon public highways. The
tax shall be at a rate not to exceed | ||||||
| |||||||
| |||||||
| 1 | 5% of the gross receipts from the sales
of motor fuel in the | ||||||
| 2 | course of the business. As used in this Act, the term
"motor | ||||||
| 3 | fuel" shall have the same meaning as in the Motor Fuel Tax Law. | ||||||
| 4 | The Board may provide for details of the tax. The provisions of
| ||||||
| 5 | any tax shall conform, as closely as may be practicable, to the | ||||||
| 6 | provisions
of the Municipal Retailers Occupation Tax Act, | ||||||
| 7 | including without limitation,
conformity to penalties with | ||||||
| 8 | respect to the tax imposed and as to the powers of
the State | ||||||
| 9 | Department of Revenue to promulgate and enforce rules and | ||||||
| 10 | regulations
relating to the administration and enforcement of | ||||||
| 11 | the provisions of the tax
imposed, except that reference in the | ||||||
| 12 | Act to any municipality shall refer to
the Authority and the | ||||||
| 13 | tax shall be imposed only with regard to receipts from
sales of | ||||||
| 14 | motor fuel in the metropolitan region, at rates as limited by | ||||||
| 15 | this
Section.
| ||||||
| 16 | (c) In connection with the tax imposed under paragraph (b) | ||||||
| 17 | of
this Section the Board may impose a tax upon the privilege | ||||||
| 18 | of using in
the metropolitan region motor fuel for the | ||||||
| 19 | operation of a motor vehicle
upon public highways, the tax to | ||||||
| 20 | be at a rate not in excess of the rate
of tax imposed under | ||||||
| 21 | paragraph (b) of this Section. The Board may
provide for | ||||||
| 22 | details of the tax.
| ||||||
| 23 | (d) The Board may impose a motor vehicle parking tax upon | ||||||
| 24 | the
privilege of parking motor vehicles at off-street parking | ||||||
| 25 | facilities in
the metropolitan region at which a fee is | ||||||
| 26 | charged, and may provide for
reasonable classifications in and | ||||||
| |||||||
| |||||||
| 1 | exemptions to the tax, for
administration and enforcement | ||||||
| 2 | thereof and for civil penalties and
refunds thereunder and may | ||||||
| 3 | provide criminal penalties thereunder, the
maximum penalties | ||||||
| 4 | not to exceed the maximum criminal penalties provided
in the | ||||||
| 5 | Retailers' Occupation Tax Act. The
Authority may collect and | ||||||
| 6 | enforce the tax itself or by contract with
any unit of local | ||||||
| 7 | government. The State Department of Revenue shall have
no | ||||||
| 8 | responsibility for the collection and enforcement unless the
| ||||||
| 9 | Department agrees with the Authority to undertake the | ||||||
| 10 | collection and
enforcement. As used in this paragraph, the term | ||||||
| 11 | "parking facility"
means a parking area or structure having | ||||||
| 12 | parking spaces for more than 2
vehicles at which motor vehicles | ||||||
| 13 | are permitted to park in return for an
hourly, daily, or other | ||||||
| 14 | periodic fee, whether publicly or privately
owned, but does not | ||||||
| 15 | include parking spaces on a public street, the use
of which is | ||||||
| 16 | regulated by parking meters.
| ||||||
| 17 | (e) The Board may impose a Regional Transportation | ||||||
| 18 | Authority
Retailers' Occupation Tax upon all persons engaged in | ||||||
| 19 | the business of
selling tangible personal property at retail in | ||||||
| 20 | the metropolitan region.
In Cook County the tax rate shall be | ||||||
| 21 | 1.25%
of the gross receipts from sales
of food for human | ||||||
| 22 | consumption that is to be consumed off the premises
where it is | ||||||
| 23 | sold (other than alcoholic beverages, soft drinks and food
that | ||||||
| 24 | has been prepared for immediate consumption) and prescription | ||||||
| 25 | and
nonprescription medicines, drugs, medical appliances and | ||||||
| 26 | insulin, urine
testing materials, syringes and needles used by | ||||||
| |||||||
| |||||||
| 1 | diabetics, and 1%
of the
gross receipts from other taxable | ||||||
| 2 | sales made in the course of that business.
In DuPage, Kane, | ||||||
| 3 | Lake, McHenry, and Will Counties, the tax rate shall be 0.75%
| ||||||
| 4 | of the gross receipts from all taxable sales made in the course | ||||||
| 5 | of that
business. The tax
imposed under this Section and all | ||||||
| 6 | civil penalties that may be
assessed as an incident thereof | ||||||
| 7 | shall be collected and enforced by the
State Department of | ||||||
| 8 | Revenue. The Department shall have full power to
administer and | ||||||
| 9 | enforce this Section; to collect all taxes and penalties
so | ||||||
| 10 | collected in the manner hereinafter provided; and to determine | ||||||
| 11 | all
rights to credit memoranda arising on account of the | ||||||
| 12 | erroneous payment
of tax or penalty hereunder. In the | ||||||
| 13 | administration of, and compliance
with this Section, the | ||||||
| 14 | Department and persons who are subject to this
Section shall | ||||||
| 15 | have the same rights, remedies, privileges, immunities,
powers | ||||||
| 16 | and duties, and be subject to the same conditions, | ||||||
| 17 | restrictions,
limitations, penalties, exclusions, exemptions | ||||||
| 18 | and definitions of terms,
and employ the same modes of | ||||||
| 19 | procedure, as are prescribed in Sections 1,
1a, 1a-1, 1c, 1d, | ||||||
| 20 | 1e, 1f, 1i, 1j, 2 through 2-65 (in respect to all
provisions | ||||||
| 21 | therein other than the State rate of tax), 2c, 3 (except as to
| ||||||
| 22 | the disposition of taxes and penalties collected), 4, 5, 5a, | ||||||
| 23 | 5b, 5c, 5d,
5e, 5f, 5g, 5h, 5i, 5j, 5k, 5l, 6, 6a, 6b, 6c, 6d, | ||||||
| 24 | 7, 8, 9, 10, 11, 12 and
13 of the Retailers' Occupation Tax Act | ||||||
| 25 | and Section 3-7 of the
Uniform Penalty and Interest Act, as | ||||||
| 26 | fully as if those
provisions were set forth herein.
| ||||||
| |||||||
| |||||||
| 1 | Persons subject to any tax imposed under the authority | ||||||
| 2 | granted
in this Section may reimburse themselves for their | ||||||
| 3 | seller's tax
liability hereunder by separately stating the tax | ||||||
| 4 | as an additional
charge, which charge may be stated in | ||||||
| 5 | combination in a single amount
with State taxes that sellers | ||||||
| 6 | are required to collect under the Use
Tax Act, under any | ||||||
| 7 | bracket schedules the
Department may prescribe.
| ||||||
| 8 | Whenever the Department determines that a refund should be | ||||||
| 9 | made under
this Section to a claimant instead of issuing a | ||||||
| 10 | credit memorandum, the
Department shall notify the State | ||||||
| 11 | Comptroller, who shall cause the
warrant to be drawn for the | ||||||
| 12 | amount specified, and to the person named,
in the notification | ||||||
| 13 | from the Department. The refund shall be paid by
the State | ||||||
| 14 | Treasurer out of the Regional Transportation Authority tax
fund | ||||||
| 15 | established under paragraph (n) of this Section.
| ||||||
| 16 | If a tax is imposed under this subsection (e), a tax shall | ||||||
| 17 | also
be imposed under subsections (f) and (g) of this Section.
| ||||||
| 18 | For the purpose of determining whether a tax authorized | ||||||
| 19 | under this
Section is applicable, a retail sale by a producer | ||||||
| 20 | of coal or other
mineral mined in Illinois, is a sale at retail | ||||||
| 21 | at the place where the
coal or other mineral mined in Illinois | ||||||
| 22 | is extracted from the earth.
This paragraph does not apply to | ||||||
| 23 | coal or other mineral when it is
delivered or shipped by the | ||||||
| 24 | seller to the purchaser at a point outside
Illinois so that the | ||||||
| 25 | sale is exempt under the Federal Constitution as a
sale in | ||||||
| 26 | interstate or foreign commerce.
| ||||||
| |||||||
| |||||||
| 1 | No tax shall be imposed or collected under this subsection | ||||||
| 2 | on the sale of a motor vehicle in this State to a resident of | ||||||
| 3 | another state if that motor vehicle will not be titled in this | ||||||
| 4 | State.
| ||||||
| 5 | Nothing in this Section shall be construed to authorize the | ||||||
| 6 | Regional
Transportation Authority to impose a tax upon the | ||||||
| 7 | privilege of engaging
in any business that under the | ||||||
| 8 | Constitution of the United States may
not be made the subject | ||||||
| 9 | of taxation by this State.
| ||||||
| 10 | (f) If a tax has been imposed under paragraph (e), a
| ||||||
| 11 | Regional Transportation Authority Service Occupation
Tax shall
| ||||||
| 12 | also be imposed upon all persons engaged, in the metropolitan | ||||||
| 13 | region in
the business of making sales of service, who as an | ||||||
| 14 | incident to making the sales
of service, transfer tangible | ||||||
| 15 | personal property within the metropolitan region,
either in the | ||||||
| 16 | form of tangible personal property or in the form of real | ||||||
| 17 | estate
as an incident to a sale of service. In Cook County, the | ||||||
| 18 | tax rate
shall be: (1) 1.25%
of the serviceman's cost price of | ||||||
| 19 | food prepared for
immediate consumption and transferred | ||||||
| 20 | incident to a sale of service subject
to the service occupation | ||||||
| 21 | tax by an entity licensed under the Hospital
Licensing Act, the | ||||||
| 22 | Nursing Home Care Act, the Specialized Mental Health | ||||||
| 23 | Rehabilitation Act of 2013, the ID/DD Community Care Act, or | ||||||
| 24 | the MC/DD Act that is located in the metropolitan
region; (2) | ||||||
| 25 | 1.25%
of the selling price of food for human consumption that | ||||||
| 26 | is to
be consumed off the premises where it is sold (other than | ||||||
| |||||||
| |||||||
| 1 | alcoholic
beverages, soft drinks and food that has been | ||||||
| 2 | prepared for immediate
consumption) and prescription and | ||||||
| 3 | nonprescription medicines, drugs, medical
appliances and | ||||||
| 4 | insulin, urine testing materials, syringes and needles used
by | ||||||
| 5 | diabetics; and (3) 1%
of the selling price from other taxable | ||||||
| 6 | sales of
tangible personal property transferred. In DuPage, | ||||||
| 7 | Kane, Lake,
McHenry and Will Counties the rate shall be 0.75%
| ||||||
| 8 | of the selling price
of all tangible personal property | ||||||
| 9 | transferred.
| ||||||
| 10 | The tax imposed under this paragraph and all civil
| ||||||
| 11 | penalties that may be assessed as an incident thereof shall be | ||||||
| 12 | collected
and enforced by the State Department of Revenue. The | ||||||
| 13 | Department shall
have full power to administer and enforce this | ||||||
| 14 | paragraph; to collect all
taxes and penalties due hereunder; to | ||||||
| 15 | dispose of taxes and penalties
collected in the manner | ||||||
| 16 | hereinafter provided; and to determine all
rights to credit | ||||||
| 17 | memoranda arising on account of the erroneous payment
of tax or | ||||||
| 18 | penalty hereunder. In the administration of and compliance
with | ||||||
| 19 | this paragraph, the Department and persons who are subject to | ||||||
| 20 | this
paragraph shall have the same rights, remedies, | ||||||
| 21 | privileges, immunities,
powers and duties, and be subject to | ||||||
| 22 | the same conditions, restrictions,
limitations, penalties, | ||||||
| 23 | exclusions, exemptions and definitions of terms,
and employ the | ||||||
| 24 | same modes of procedure, as are prescribed in Sections 1a-1, 2,
| ||||||
| 25 | 2a, 3 through 3-50 (in respect to all provisions therein other | ||||||
| 26 | than the
State rate of tax), 4 (except that the reference to | ||||||
| |||||||
| |||||||
| 1 | the State shall be to
the Authority), 5, 7, 8 (except that the | ||||||
| 2 | jurisdiction to which the tax
shall be a debt to the extent | ||||||
| 3 | indicated in that Section 8 shall be the
Authority), 9 (except | ||||||
| 4 | as to the disposition of taxes and penalties
collected, and | ||||||
| 5 | except that the returned merchandise credit for this tax may
| ||||||
| 6 | not be taken against any State tax), 10, 11, 12 (except the | ||||||
| 7 | reference
therein to Section 2b of the Retailers' Occupation | ||||||
| 8 | Tax Act), 13 (except
that any reference to the State shall mean | ||||||
| 9 | the Authority), the first
paragraph of Section 15, 16, 17, 18, | ||||||
| 10 | 19 and 20 of the Service
Occupation Tax Act and Section 3-7 of | ||||||
| 11 | the Uniform Penalty and Interest
Act, as fully as if those | ||||||
| 12 | provisions were set forth herein.
| ||||||
| 13 | Persons subject to any tax imposed under the authority | ||||||
| 14 | granted
in this paragraph may reimburse themselves for their | ||||||
| 15 | serviceman's tax
liability hereunder by separately stating the | ||||||
| 16 | tax as an additional
charge, that charge may be stated in | ||||||
| 17 | combination in a single amount
with State tax that servicemen | ||||||
| 18 | are authorized to collect under the
Service Use Tax Act, under | ||||||
| 19 | any bracket schedules the
Department may prescribe.
| ||||||
| 20 | Whenever the Department determines that a refund should be | ||||||
| 21 | made under
this paragraph to a claimant instead of issuing a | ||||||
| 22 | credit memorandum, the
Department shall notify the State | ||||||
| 23 | Comptroller, who shall cause the
warrant to be drawn for the | ||||||
| 24 | amount specified, and to the person named
in the notification | ||||||
| 25 | from the Department. The refund shall be paid by
the State | ||||||
| 26 | Treasurer out of the Regional Transportation Authority tax
fund | ||||||
| |||||||
| |||||||
| 1 | established under paragraph (n) of this Section.
| ||||||
| 2 | Nothing in this paragraph shall be construed to authorize | ||||||
| 3 | the
Authority to impose a tax upon the privilege of engaging in | ||||||
| 4 | any business
that under the Constitution of the United States | ||||||
| 5 | may not be made the
subject of taxation by the State.
| ||||||
| 6 | (g) If a tax has been imposed under paragraph (e), a tax | ||||||
| 7 | shall
also be imposed upon the privilege of using in the | ||||||
| 8 | metropolitan region,
any item of tangible personal property | ||||||
| 9 | that is purchased outside the
metropolitan region at retail | ||||||
| 10 | from a retailer, and that is titled or
registered with an | ||||||
| 11 | agency of this State's government. In Cook County the
tax rate | ||||||
| 12 | shall be 1%
of the selling price of the tangible personal | ||||||
| 13 | property,
as "selling price" is defined in the Use Tax Act. In | ||||||
| 14 | DuPage, Kane, Lake,
McHenry and Will counties the tax rate | ||||||
| 15 | shall be 0.75%
of the selling price of
the tangible personal | ||||||
| 16 | property, as "selling price" is defined in the
Use Tax Act. The | ||||||
| 17 | tax shall be collected from persons whose Illinois
address for | ||||||
| 18 | titling or registration purposes is given as being in the
| ||||||
| 19 | metropolitan region. The tax shall be collected by the | ||||||
| 20 | Department of
Revenue for the Regional Transportation | ||||||
| 21 | Authority. The tax must be paid
to the State, or an exemption | ||||||
| 22 | determination must be obtained from the
Department of Revenue, | ||||||
| 23 | before the title or certificate of registration for
the | ||||||
| 24 | property may be issued. The tax or proof of exemption may be
| ||||||
| 25 | transmitted to the Department by way of the State agency with | ||||||
| 26 | which, or the
State officer with whom, the tangible personal | ||||||
| |||||||
| |||||||
| 1 | property must be titled or
registered if the Department and the | ||||||
| 2 | State agency or State officer
determine that this procedure | ||||||
| 3 | will expedite the processing of applications
for title or | ||||||
| 4 | registration.
| ||||||
| 5 | The Department shall have full power to administer and | ||||||
| 6 | enforce this
paragraph; to collect all taxes, penalties and | ||||||
| 7 | interest due hereunder;
to dispose of taxes, penalties and | ||||||
| 8 | interest collected in the manner
hereinafter provided; and to | ||||||
| 9 | determine all rights to credit memoranda or
refunds arising on | ||||||
| 10 | account of the erroneous payment of tax, penalty or
interest | ||||||
| 11 | hereunder. In the administration of and compliance with this
| ||||||
| 12 | paragraph, the Department and persons who are subject to this | ||||||
| 13 | paragraph
shall have the same rights, remedies, privileges, | ||||||
| 14 | immunities, powers and
duties, and be subject to the same | ||||||
| 15 | conditions, restrictions,
limitations, penalties, exclusions, | ||||||
| 16 | exemptions and definitions of terms
and employ the same modes | ||||||
| 17 | of procedure, as are prescribed in Sections 2
(except the | ||||||
| 18 | definition of "retailer maintaining a place of business in this
| ||||||
| 19 | State"), 3 through 3-80 (except provisions pertaining to the | ||||||
| 20 | State rate
of tax, and except provisions concerning collection | ||||||
| 21 | or refunding of the tax
by retailers), 4, 11, 12, 12a, 14, 15, | ||||||
| 22 | 19 (except the portions pertaining
to claims by retailers and | ||||||
| 23 | except the last paragraph concerning refunds),
20, 21 and 22 of | ||||||
| 24 | the Use Tax Act, and are not inconsistent with this
paragraph, | ||||||
| 25 | as fully as if those provisions were set forth herein.
| ||||||
| 26 | Whenever the Department determines that a refund should be | ||||||
| |||||||
| |||||||
| 1 | made under
this paragraph to a claimant instead of issuing a | ||||||
| 2 | credit memorandum, the
Department shall notify the State | ||||||
| 3 | Comptroller, who shall cause the order
to be drawn for the | ||||||
| 4 | amount specified, and to the person named in the
notification | ||||||
| 5 | from the Department. The refund shall be paid by the State
| ||||||
| 6 | Treasurer out of the Regional Transportation Authority tax fund
| ||||||
| 7 | established under paragraph (n) of this Section.
| ||||||
| 8 | (h) The Authority may impose a replacement vehicle tax of | ||||||
| 9 | $50 on any
passenger car as defined in Section 1-157 of the | ||||||
| 10 | Illinois Vehicle Code
purchased within the metropolitan region | ||||||
| 11 | by or on behalf of an
insurance company to replace a passenger | ||||||
| 12 | car of
an insured person in settlement of a total loss claim. | ||||||
| 13 | The tax imposed
may not become effective before the first day | ||||||
| 14 | of the month following the
passage of the ordinance imposing | ||||||
| 15 | the tax and receipt of a certified copy
of the ordinance by the | ||||||
| 16 | Department of Revenue. The Department of Revenue
shall collect | ||||||
| 17 | the tax for the Authority in accordance with Sections 3-2002
| ||||||
| 18 | and 3-2003 of the Illinois Vehicle Code.
| ||||||
| 19 | The Department shall immediately pay over to the State | ||||||
| 20 | Treasurer,
ex officio, as trustee, all taxes collected | ||||||
| 21 | hereunder. | ||||||
| 22 | As soon as possible after the first day of each month, | ||||||
| 23 | beginning January 1, 2011, upon certification of the Department | ||||||
| 24 | of Revenue, the Comptroller shall order transferred, and the | ||||||
| 25 | Treasurer shall transfer, to the STAR Bonds Revenue Fund the | ||||||
| 26 | local sales tax increment, as defined in the Innovation | ||||||
| |||||||
| |||||||
| 1 | Development and Economy Act, collected under this Section | ||||||
| 2 | during the second preceding calendar month for sales within a | ||||||
| 3 | STAR bond district. | ||||||
| 4 | After the monthly transfer to the STAR Bonds Revenue Fund, | ||||||
| 5 | on
or before the 25th day of each calendar month, the | ||||||
| 6 | Department shall
prepare and certify to the Comptroller the | ||||||
| 7 | disbursement of stated sums
of money to the Authority. The | ||||||
| 8 | amount to be paid to the Authority shall be
the amount | ||||||
| 9 | collected hereunder during the second preceding calendar month
| ||||||
| 10 | by the Department, less any amount determined by the Department | ||||||
| 11 | to be
necessary for the payment of refunds, and less any | ||||||
| 12 | amounts that are transferred to the STAR Bonds Revenue Fund. | ||||||
| 13 | Within 10 days after receipt by the
Comptroller of the | ||||||
| 14 | disbursement certification to the Authority provided
for in | ||||||
| 15 | this Section to be given to the Comptroller by the Department, | ||||||
| 16 | the
Comptroller shall cause the orders to be drawn for that | ||||||
| 17 | amount in
accordance with the directions contained in the | ||||||
| 18 | certification.
| ||||||
| 19 | (i) The Board may not impose any other taxes except as it | ||||||
| 20 | may from
time to time be authorized by law to impose.
| ||||||
| 21 | (j) A certificate of registration issued by the State | ||||||
| 22 | Department of
Revenue to a retailer under the Retailers' | ||||||
| 23 | Occupation Tax Act or under the
Service Occupation Tax Act | ||||||
| 24 | shall permit the registrant to engage in a
business that is | ||||||
| 25 | taxed under the tax imposed under paragraphs
(b), (e), (f) or | ||||||
| 26 | (g) of this Section and no additional registration
shall be | ||||||
| |||||||
| |||||||
| 1 | required under the tax. A certificate issued under the
Use Tax | ||||||
| 2 | Act or the Service Use Tax Act shall be applicable with regard | ||||||
| 3 | to
any tax imposed under paragraph (c) of this Section.
| ||||||
| 4 | (k) The provisions of any tax imposed under paragraph (c) | ||||||
| 5 | of
this Section shall conform as closely as may be practicable | ||||||
| 6 | to the
provisions of the Use Tax Act, including
without | ||||||
| 7 | limitation conformity as to penalties with respect to the tax
| ||||||
| 8 | imposed and as to the powers of the State Department of Revenue | ||||||
| 9 | to
promulgate and enforce rules and regulations relating to the
| ||||||
| 10 | administration and enforcement of the provisions of the tax | ||||||
| 11 | imposed.
The taxes shall be imposed only on use within the | ||||||
| 12 | metropolitan region
and at rates as provided in the paragraph.
| ||||||
| 13 | (l) The Board in imposing any tax as provided in paragraphs | ||||||
| 14 | (b)
and (c) of this Section, shall, after seeking the advice of | ||||||
| 15 | the State
Department of Revenue, provide means for retailers, | ||||||
| 16 | users or purchasers
of motor fuel for purposes other than those | ||||||
| 17 | with regard to which the
taxes may be imposed as provided in | ||||||
| 18 | those paragraphs to receive refunds
of taxes improperly paid, | ||||||
| 19 | which provisions may be at variance with the
refund provisions | ||||||
| 20 | as applicable under the Municipal Retailers
Occupation Tax Act. | ||||||
| 21 | The State Department of Revenue may provide for
certificates of | ||||||
| 22 | registration for users or purchasers of motor fuel for purposes
| ||||||
| 23 | other than those with regard to which taxes may be imposed as | ||||||
| 24 | provided in
paragraphs (b) and (c) of this Section to | ||||||
| 25 | facilitate the reporting and
nontaxability of the exempt sales | ||||||
| 26 | or uses.
| ||||||
| |||||||
| |||||||
| 1 | (m) Any ordinance imposing or discontinuing any tax under | ||||||
| 2 | this Section shall
be adopted and a certified copy thereof | ||||||
| 3 | filed with the Department on or before
June 1, whereupon the | ||||||
| 4 | Department of Revenue shall proceed to administer and
enforce | ||||||
| 5 | this Section on behalf of the Regional Transportation Authority | ||||||
| 6 | as of
September 1 next following such adoption and filing.
| ||||||
| 7 | Beginning January 1, 1992, an ordinance or resolution imposing | ||||||
| 8 | or
discontinuing the tax hereunder shall be adopted and a | ||||||
| 9 | certified copy
thereof filed with the Department on or before | ||||||
| 10 | the first day of July,
whereupon the Department shall proceed | ||||||
| 11 | to administer and enforce this
Section as of the first day of | ||||||
| 12 | October next following such adoption and
filing. Beginning | ||||||
| 13 | January 1, 1993, an ordinance or resolution imposing, | ||||||
| 14 | increasing, decreasing, or
discontinuing the tax hereunder | ||||||
| 15 | shall be adopted and a certified copy
thereof filed with the | ||||||
| 16 | Department,
whereupon the Department shall proceed to | ||||||
| 17 | administer and enforce this
Section as of the first day of the | ||||||
| 18 | first month to occur not less than 60 days
following such | ||||||
| 19 | adoption and filing. Any ordinance or resolution of the | ||||||
| 20 | Authority imposing a tax under this Section and in effect on | ||||||
| 21 | August 1, 2007 shall remain in full force and effect and shall | ||||||
| 22 | be administered by the Department of Revenue under the terms | ||||||
| 23 | and conditions and rates of tax established by such ordinance | ||||||
| 24 | or resolution until the Department begins administering and | ||||||
| 25 | enforcing an increased tax under this Section as authorized by | ||||||
| 26 | Public Act 95-708 this amendatory Act of the 95th General | ||||||
| |||||||
| |||||||
| 1 | Assembly. The tax rates authorized by Public Act 95-708 this | ||||||
| 2 | amendatory Act of the 95th General Assembly are effective only | ||||||
| 3 | if imposed by ordinance of the Authority.
| ||||||
| 4 | (n) The State Department of Revenue shall, upon collecting | ||||||
| 5 | any taxes
as provided in this Section, pay the taxes over to | ||||||
| 6 | the State Treasurer
as trustee for the Authority. The taxes | ||||||
| 7 | shall be held in a trust fund
outside the State Treasury. On or | ||||||
| 8 | before the 25th day of each calendar
month, the State | ||||||
| 9 | Department of Revenue shall prepare and certify to the
| ||||||
| 10 | Comptroller of the State of Illinois and
to the Authority (i) | ||||||
| 11 | the
amount of taxes collected in each County other than Cook | ||||||
| 12 | County in the
metropolitan region, (ii)
the amount of taxes | ||||||
| 13 | collected within the City
of Chicago,
and (iii) the amount | ||||||
| 14 | collected in that portion
of Cook County outside of Chicago, | ||||||
| 15 | each amount less the amount necessary for the payment
of | ||||||
| 16 | refunds to taxpayers located in those areas described in items | ||||||
| 17 | (i), (ii), and (iii).
Within 10 days after receipt by the | ||||||
| 18 | Comptroller of the certification of
the amounts, the | ||||||
| 19 | Comptroller shall cause an
order to be drawn for the payment of | ||||||
| 20 | two-thirds of the amounts certified in item (i) of this | ||||||
| 21 | subsection to the Authority and one-third of the amounts | ||||||
| 22 | certified in item (i) of this subsection to the respective | ||||||
| 23 | counties other than Cook County and the amount certified in | ||||||
| 24 | items (ii) and (iii) of this subsection to the Authority.
| ||||||
| 25 | In addition to the disbursement required by the preceding | ||||||
| 26 | paragraph, an
allocation shall be made in July 1991 and each | ||||||
| |||||||
| |||||||
| 1 | year thereafter to the
Regional Transportation Authority. The | ||||||
| 2 | allocation shall be made in an
amount equal to the average | ||||||
| 3 | monthly distribution during the preceding
calendar year | ||||||
| 4 | (excluding the 2 months of lowest receipts) and the
allocation | ||||||
| 5 | shall include the amount of average monthly distribution from
| ||||||
| 6 | the Regional Transportation Authority Occupation and Use Tax | ||||||
| 7 | Replacement
Fund. The distribution made in July 1992 and each | ||||||
| 8 | year thereafter under
this paragraph and the preceding | ||||||
| 9 | paragraph shall be reduced by the amount
allocated and | ||||||
| 10 | disbursed under this paragraph in the preceding calendar
year. | ||||||
| 11 | The Department of Revenue shall prepare and certify to the
| ||||||
| 12 | Comptroller for disbursement the allocations made in | ||||||
| 13 | accordance with this
paragraph.
| ||||||
| 14 | (o) Failure to adopt a budget ordinance or otherwise to | ||||||
| 15 | comply with
Section 4.01 of this Act or to adopt a Five-year | ||||||
| 16 | Capital Program or otherwise to
comply with paragraph (b) of | ||||||
| 17 | Section 2.01 of this Act shall not affect
the validity of any | ||||||
| 18 | tax imposed by the Authority otherwise in conformity
with law.
| ||||||
| 19 | (p) At no time shall a public transportation tax or motor | ||||||
| 20 | vehicle
parking tax authorized under paragraphs (b), (c) and | ||||||
| 21 | (d) of this Section
be in effect at the same time as any | ||||||
| 22 | retailers' occupation, use or
service occupation tax | ||||||
| 23 | authorized under paragraphs (e), (f) and (g) of
this Section is | ||||||
| 24 | in effect.
| ||||||
| 25 | Any taxes imposed under the authority provided in | ||||||
| 26 | paragraphs (b), (c)
and (d) shall remain in effect only until | ||||||
| |||||||
| |||||||
| 1 | the time as any tax
authorized by paragraphs (e), (f) or (g) of | ||||||
| 2 | this Section are imposed and
becomes effective. Once any tax | ||||||
| 3 | authorized by paragraphs (e), (f) or (g)
is imposed the Board | ||||||
| 4 | may not reimpose taxes as authorized in paragraphs
(b), (c) and | ||||||
| 5 | (d) of the Section unless any tax authorized by
paragraphs (e), | ||||||
| 6 | (f) or (g) of this Section becomes ineffective by means
other | ||||||
| 7 | than an ordinance of the Board.
| ||||||
| 8 | (q) Any existing rights, remedies and obligations | ||||||
| 9 | (including
enforcement by the Regional Transportation | ||||||
| 10 | Authority) arising under any
tax imposed under paragraphs (b), | ||||||
| 11 | (c) or (d) of this Section shall not
be affected by the | ||||||
| 12 | imposition of a tax under paragraphs (e), (f) or (g)
of this | ||||||
| 13 | Section.
| ||||||
| 14 | (Source: P.A. 98-104, eff. 7-22-13; 99-180, eff. 7-29-15; | ||||||
| 15 | 99-217, eff. 7-31-15; revised 10-9-15.)
| ||||||
| 16 | Section 245. The Water Commission Act of 1985 is amended by | ||||||
| 17 | changing Section 4 as follows:
| ||||||
| 18 | (70 ILCS 3720/4) (from Ch. 111 2/3, par. 254)
| ||||||
| 19 | Sec. 4. Taxes. | ||||||
| 20 | (a) The board of commissioners of any county water | ||||||
| 21 | commission
may, by ordinance, impose throughout the territory | ||||||
| 22 | of the commission any or
all of the taxes provided in this | ||||||
| 23 | Section for its corporate purposes.
However, no county water | ||||||
| 24 | commission may impose any such tax unless the
commission | ||||||
| |||||||
| |||||||
| 1 | certifies the proposition of imposing the tax to the proper
| ||||||
| 2 | election officials, who shall submit the proposition to the | ||||||
| 3 | voters residing
in the territory at an election in accordance | ||||||
| 4 | with the general election
law, and the proposition has been | ||||||
| 5 | approved by a majority of those voting on
the proposition.
| ||||||
| 6 | The proposition shall be in the form provided in Section 5 | ||||||
| 7 | or shall be
substantially in the following form:
| ||||||
| 8 | -------------------------------------------------------------
| ||||||
| 9 | Shall the (insert corporate
| ||||||
| 10 | name of county water commission) YES
| ||||||
| 11 | impose (state type of tax or ------------------------
| ||||||
| 12 | taxes to be imposed) at the NO
| ||||||
| 13 | rate of 1/4%?
| ||||||
| 14 | -------------------------------------------------------------
| ||||||
| 15 | Taxes imposed under this Section and civil penalties | ||||||
| 16 | imposed
incident thereto shall be collected and enforced by the | ||||||
| 17 | State Department of
Revenue. The Department shall have the | ||||||
| 18 | power to administer and enforce the
taxes and to determine all | ||||||
| 19 | rights for refunds for erroneous payments of
the taxes.
| ||||||
| 20 | (b) The board of commissioners may impose a County Water | ||||||
| 21 | Commission
Retailers' Occupation Tax upon all persons engaged | ||||||
| 22 | in the business of
selling tangible personal property at retail | ||||||
| 23 | in the territory of the
commission at a rate of 1/4% of the | ||||||
| 24 | gross receipts from the sales made in
the course of such | ||||||
| 25 | business within the territory. The tax imposed under
this | ||||||
| 26 | paragraph and all civil penalties that may be assessed as an | ||||||
| |||||||
| |||||||
| 1 | incident
thereof shall be collected and enforced by the State | ||||||
| 2 | Department of Revenue.
The Department shall have full power to | ||||||
| 3 | administer and enforce this
paragraph; to collect all taxes and | ||||||
| 4 | penalties due hereunder; to dispose of
taxes and penalties so | ||||||
| 5 | collected in the manner hereinafter provided; and to
determine | ||||||
| 6 | all rights to credit memoranda arising on account of the
| ||||||
| 7 | erroneous payment of tax or penalty hereunder. In the | ||||||
| 8 | administration of,
and compliance with, this paragraph, the | ||||||
| 9 | Department and persons who are
subject to this paragraph shall | ||||||
| 10 | have the same rights, remedies, privileges,
immunities, powers | ||||||
| 11 | and duties, and be subject to the same conditions,
| ||||||
| 12 | restrictions, limitations, penalties, exclusions, exemptions | ||||||
| 13 | and
definitions of terms, and employ the same modes of | ||||||
| 14 | procedure, as are
prescribed in Sections 1, 1a, 1a-1, 1c, 1d, | ||||||
| 15 | 1e, 1f, 1i, 1j, 2 through 2-65
(in respect to all provisions | ||||||
| 16 | therein other than the State rate of tax
except that food for | ||||||
| 17 | human consumption that is to be consumed off the
premises where | ||||||
| 18 | it is sold (other than alcoholic beverages, soft drinks, and
| ||||||
| 19 | food that has been prepared for immediate consumption) and | ||||||
| 20 | prescription
and nonprescription medicine, drugs, medical | ||||||
| 21 | appliances and insulin, urine
testing materials, syringes, and | ||||||
| 22 | needles used by diabetics, for human use,
shall not be subject | ||||||
| 23 | to tax hereunder), 2c, 3 (except as to the disposition
of taxes | ||||||
| 24 | and penalties collected), 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5g, 5h,
| ||||||
| 25 | 5i, 5j, 5k, 5l, 6, 6a, 6b, 6c, 6d, 7, 8, 9, 10, 11, 12 and 13 of
| ||||||
| 26 | the Retailers' Occupation Tax Act and Section 3-7 of the | ||||||
| |||||||
| |||||||
| 1 | Uniform Penalty
and Interest Act, as fully as if those | ||||||
| 2 | provisions were set forth herein.
| ||||||
| 3 | Persons subject to any tax imposed under the authority | ||||||
| 4 | granted in this
paragraph may reimburse themselves for their | ||||||
| 5 | seller's tax liability
hereunder by separately stating the tax | ||||||
| 6 | as an additional charge, which
charge may be stated in | ||||||
| 7 | combination, in a single amount, with State taxes
that sellers | ||||||
| 8 | are required to collect under the Use Tax Act and under
| ||||||
| 9 | subsection (e) of Section 4.03 of the Regional Transportation | ||||||
| 10 | Authority
Act, in accordance with such bracket schedules as the | ||||||
| 11 | Department may prescribe.
| ||||||
| 12 | Whenever the Department determines that a refund should be | ||||||
| 13 | made under this
paragraph to a claimant instead of issuing a | ||||||
| 14 | credit memorandum, the Department
shall notify the State | ||||||
| 15 | Comptroller, who shall cause the warrant to be drawn
for the | ||||||
| 16 | amount specified, and to the person named, in the notification
| ||||||
| 17 | from the Department. The refund shall be paid by the State | ||||||
| 18 | Treasurer out
of a county water commission tax fund established | ||||||
| 19 | under paragraph (g) of
this Section.
| ||||||
| 20 | For the purpose of determining whether a tax authorized | ||||||
| 21 | under this paragraph
is applicable, a retail sale by a producer | ||||||
| 22 | of coal or other mineral mined
in Illinois is a sale at retail | ||||||
| 23 | at the place where the coal or other mineral
mined in Illinois | ||||||
| 24 | is extracted from the earth. This paragraph does not
apply to | ||||||
| 25 | coal or other mineral when it is delivered or shipped by the | ||||||
| 26 | seller
to the purchaser at a point outside Illinois so that the | ||||||
| |||||||
| |||||||
| 1 | sale is exempt
under the Federal Constitution as a sale in | ||||||
| 2 | interstate or foreign commerce.
| ||||||
| 3 | If a tax is imposed under this subsection (b) a tax shall | ||||||
| 4 | also be
imposed under subsections (c) and (d) of this Section.
| ||||||
| 5 | No tax shall be imposed or collected under this subsection | ||||||
| 6 | on the sale of a motor vehicle in this State to a resident of | ||||||
| 7 | another state if that motor vehicle will not be titled in this | ||||||
| 8 | State.
| ||||||
| 9 | Nothing in this paragraph shall be construed to authorize a | ||||||
| 10 | county water
commission to impose a tax upon the privilege of | ||||||
| 11 | engaging in any
business which under the Constitution of the | ||||||
| 12 | United States may not be made
the subject of taxation by this | ||||||
| 13 | State.
| ||||||
| 14 | (c) If a tax has been imposed under subsection (b), a
| ||||||
| 15 | County Water Commission Service Occupation
Tax shall
also be | ||||||
| 16 | imposed upon all persons engaged, in the territory of the
| ||||||
| 17 | commission, in the business of making sales of service, who, as | ||||||
| 18 | an
incident to making the sales of service, transfer tangible | ||||||
| 19 | personal
property within the territory. The tax rate shall be | ||||||
| 20 | 1/4% of the selling
price of tangible personal property so | ||||||
| 21 | transferred within the territory.
The tax imposed under this | ||||||
| 22 | paragraph and all civil penalties that may be
assessed as an | ||||||
| 23 | incident thereof shall be collected and enforced by the
State | ||||||
| 24 | Department of Revenue. The Department shall have full power to
| ||||||
| 25 | administer and enforce this paragraph; to collect all taxes and | ||||||
| 26 | penalties
due hereunder; to dispose of taxes and penalties so | ||||||
| |||||||
| |||||||
| 1 | collected in the manner
hereinafter provided; and to determine | ||||||
| 2 | all rights to credit memoranda
arising on account of the | ||||||
| 3 | erroneous payment of tax or penalty hereunder.
In the | ||||||
| 4 | administration of, and compliance with, this paragraph, the
| ||||||
| 5 | Department and persons who are subject to this paragraph shall | ||||||
| 6 | have the
same rights, remedies, privileges, immunities, powers | ||||||
| 7 | and duties, and be
subject to the same conditions, | ||||||
| 8 | restrictions, limitations, penalties,
exclusions, exemptions | ||||||
| 9 | and definitions of terms, and employ the same modes
of | ||||||
| 10 | procedure, as are prescribed in Sections 1a-1, 2 (except that | ||||||
| 11 | the
reference to State in the definition of supplier | ||||||
| 12 | maintaining a place of
business in this State shall mean the | ||||||
| 13 | territory of the commission), 2a, 3
through 3-50 (in respect to | ||||||
| 14 | all provisions therein other than the State
rate of tax except | ||||||
| 15 | that food for human consumption that is to be consumed
off the | ||||||
| 16 | premises where it is sold (other than alcoholic beverages, soft
| ||||||
| 17 | drinks, and food that has been prepared for immediate | ||||||
| 18 | consumption) and
prescription and nonprescription medicines, | ||||||
| 19 | drugs, medical appliances and
insulin, urine testing | ||||||
| 20 | materials, syringes, and needles used by diabetics,
for human | ||||||
| 21 | use, shall not be subject to tax hereunder), 4 (except that the
| ||||||
| 22 | reference to the State shall be to the territory of the | ||||||
| 23 | commission), 5, 7,
8 (except that the jurisdiction to which the | ||||||
| 24 | tax shall be a debt to the
extent indicated in that Section 8 | ||||||
| 25 | shall be the commission), 9 (except as
to the disposition of | ||||||
| 26 | taxes and penalties collected and except that the
returned | ||||||
| |||||||
| |||||||
| 1 | merchandise credit for this tax may not be taken against any | ||||||
| 2 | State
tax), 10, 11, 12 (except the reference therein to Section | ||||||
| 3 | 2b of the
Retailers' Occupation Tax Act), 13 (except that any | ||||||
| 4 | reference to the State
shall mean the territory of the | ||||||
| 5 | commission), the first paragraph of Section
15, 15.5, 16, 17, | ||||||
| 6 | 18, 19 and 20 of the Service Occupation Tax Act as fully
as if | ||||||
| 7 | those provisions were set forth herein.
| ||||||
| 8 | Persons subject to any tax imposed under the authority | ||||||
| 9 | granted in
this paragraph may reimburse themselves for their | ||||||
| 10 | serviceman's tax liability
hereunder by separately stating the | ||||||
| 11 | tax as an additional charge, which
charge may be stated in | ||||||
| 12 | combination, in a single amount, with State tax
that servicemen | ||||||
| 13 | are authorized to collect under the Service Use Tax Act,
and | ||||||
| 14 | any tax for which servicemen may be liable under subsection (f) | ||||||
| 15 | of Section
Sec. 4.03 of the Regional Transportation Authority | ||||||
| 16 | Act, in accordance
with such bracket schedules as the | ||||||
| 17 | Department may prescribe.
| ||||||
| 18 | Whenever the Department determines that a refund should be | ||||||
| 19 | made under this
paragraph to a claimant instead of issuing a | ||||||
| 20 | credit memorandum, the Department
shall notify the State | ||||||
| 21 | Comptroller, who shall cause the warrant to be drawn
for the | ||||||
| 22 | amount specified, and to the person named, in the notification | ||||||
| 23 | from
the Department. The refund shall be paid by the State | ||||||
| 24 | Treasurer out of a
county water commission tax fund established | ||||||
| 25 | under paragraph (g) of this
Section.
| ||||||
| 26 | Nothing in this paragraph shall be construed to authorize a | ||||||
| |||||||
| |||||||
| 1 | county water
commission to impose a tax upon the privilege of | ||||||
| 2 | engaging in any business
which under the Constitution of the | ||||||
| 3 | United States may not be made the
subject of taxation by the | ||||||
| 4 | State.
| ||||||
| 5 | (d) If a tax has been imposed under subsection (b), a tax | ||||||
| 6 | shall
also imposed upon the privilege of using, in the | ||||||
| 7 | territory of the
commission, any item of tangible personal | ||||||
| 8 | property that is purchased
outside the territory at retail from | ||||||
| 9 | a retailer, and that is titled or
registered with an agency of | ||||||
| 10 | this State's government, at a rate of 1/4% of
the selling price | ||||||
| 11 | of the tangible personal property within the territory,
as | ||||||
| 12 | "selling price" is defined in the Use Tax Act. The tax shall be | ||||||
| 13 | collected
from persons whose Illinois address for titling or | ||||||
| 14 | registration purposes
is given as being in the territory. The | ||||||
| 15 | tax shall be collected by the
Department of Revenue for a | ||||||
| 16 | county water commission. The tax must be paid
to the State, or | ||||||
| 17 | an exemption determination must be obtained from the
Department | ||||||
| 18 | of Revenue, before the title or certificate of registration for
| ||||||
| 19 | the property may be issued. The tax or proof of exemption may | ||||||
| 20 | be
transmitted to the Department by way of the State agency | ||||||
| 21 | with which, or the
State officer with whom, the tangible | ||||||
| 22 | personal property must be titled or
registered if the | ||||||
| 23 | Department and the State agency or State officer
determine that | ||||||
| 24 | this procedure will expedite the processing of applications
for | ||||||
| 25 | title or registration.
| ||||||
| 26 | The Department shall have full power to administer and | ||||||
| |||||||
| |||||||
| 1 | enforce this
paragraph; to collect all taxes, penalties and | ||||||
| 2 | interest due hereunder; to
dispose of taxes, penalties and | ||||||
| 3 | interest so collected in the manner
hereinafter provided; and | ||||||
| 4 | to determine all rights to credit memoranda or
refunds arising | ||||||
| 5 | on account of the erroneous payment of tax, penalty or
interest | ||||||
| 6 | hereunder. In the administration of, and compliance with this
| ||||||
| 7 | paragraph, the Department and persons who are subject to this | ||||||
| 8 | paragraph
shall have the same rights, remedies, privileges, | ||||||
| 9 | immunities, powers and
duties, and be subject to the same | ||||||
| 10 | conditions, restrictions, limitations,
penalties, exclusions, | ||||||
| 11 | exemptions and definitions of terms and employ the
same modes | ||||||
| 12 | of procedure, as are prescribed in Sections 2 (except the
| ||||||
| 13 | definition of "retailer maintaining a place of business in this | ||||||
| 14 | State"), 3
through 3-80 (except provisions pertaining to the | ||||||
| 15 | State rate of tax,
and except provisions concerning collection | ||||||
| 16 | or refunding of the tax by
retailers, and except that food for | ||||||
| 17 | human consumption that is to be
consumed off the premises where | ||||||
| 18 | it is sold (other than alcoholic beverages,
soft drinks, and | ||||||
| 19 | food that has been prepared for immediate consumption)
and | ||||||
| 20 | prescription and nonprescription medicines, drugs, medical | ||||||
| 21 | appliances
and insulin, urine testing materials, syringes, and | ||||||
| 22 | needles used by
diabetics, for human use, shall not be subject | ||||||
| 23 | to tax hereunder), 4, 11,
12, 12a, 14, 15, 19 (except the | ||||||
| 24 | portions pertaining to claims by retailers
and except the last | ||||||
| 25 | paragraph concerning refunds), 20, 21 and 22 of the Use
Tax Act | ||||||
| 26 | and Section 3-7 of the Uniform Penalty and Interest Act that | ||||||
| |||||||
| |||||||
| 1 | are
not inconsistent with this paragraph, as fully as if those | ||||||
| 2 | provisions were
set forth herein.
| ||||||
| 3 | Whenever the Department determines that a refund should be | ||||||
| 4 | made under this
paragraph to a claimant instead of issuing a | ||||||
| 5 | credit memorandum, the Department
shall notify the State | ||||||
| 6 | Comptroller, who shall cause the order
to be drawn for the | ||||||
| 7 | amount specified, and to the person named, in the
notification | ||||||
| 8 | from the Department. The refund shall be paid by the State
| ||||||
| 9 | Treasurer out of a county water commission tax fund established
| ||||||
| 10 | under paragraph (g) of this Section.
| ||||||
| 11 | (e) A certificate of registration issued by the State | ||||||
| 12 | Department of
Revenue to a retailer under the Retailers' | ||||||
| 13 | Occupation Tax Act or under the
Service Occupation Tax Act | ||||||
| 14 | shall permit the registrant to engage in a
business that is | ||||||
| 15 | taxed under the tax imposed under paragraphs (b), (c)
or (d) of | ||||||
| 16 | this Section and no additional registration shall be required | ||||||
| 17 | under
the tax. A certificate issued under the Use Tax Act or | ||||||
| 18 | the Service Use Tax
Act shall be applicable with regard to any | ||||||
| 19 | tax imposed under paragraph (c)
of this Section.
| ||||||
| 20 | (f) Any ordinance imposing or discontinuing any tax under | ||||||
| 21 | this Section
shall be adopted and a certified copy thereof | ||||||
| 22 | filed with the Department on
or before June 1, whereupon the | ||||||
| 23 | Department of Revenue shall proceed to
administer and enforce | ||||||
| 24 | this Section on behalf of the county water
commission as of | ||||||
| 25 | September 1 next following the adoption and filing.
Beginning | ||||||
| 26 | January 1, 1992, an ordinance or resolution imposing or
| ||||||
| |||||||
| |||||||
| 1 | discontinuing the tax hereunder shall be adopted and a | ||||||
| 2 | certified copy
thereof filed with the Department on or before | ||||||
| 3 | the first day of July,
whereupon the Department shall proceed | ||||||
| 4 | to administer and enforce this
Section as of the first day of | ||||||
| 5 | October next following such adoption and
filing. Beginning | ||||||
| 6 | January 1, 1993, an ordinance or resolution imposing or
| ||||||
| 7 | discontinuing the tax hereunder shall be adopted and a | ||||||
| 8 | certified copy
thereof filed with the Department on or before | ||||||
| 9 | the first day of October,
whereupon the Department shall | ||||||
| 10 | proceed to administer and enforce this
Section as of the first | ||||||
| 11 | day of January next following such adoption and filing.
| ||||||
| 12 | (g) The State Department of Revenue shall, upon collecting | ||||||
| 13 | any taxes as
provided in this Section, pay the taxes over to | ||||||
| 14 | the State Treasurer as
trustee for the commission. The taxes | ||||||
| 15 | shall be held in a trust fund outside
the State Treasury. | ||||||
| 16 | As soon as possible after the first day of each month, | ||||||
| 17 | beginning January 1, 2011, upon certification of the Department | ||||||
| 18 | of Revenue, the Comptroller shall order transferred, and the | ||||||
| 19 | Treasurer shall transfer, to the STAR Bonds Revenue Fund the | ||||||
| 20 | local sales tax increment, as defined in the Innovation | ||||||
| 21 | Development and Economy Act, collected under this Section | ||||||
| 22 | during the second preceding calendar month for sales within a | ||||||
| 23 | STAR bond district. | ||||||
| 24 | After the monthly transfer to the STAR Bonds Revenue Fund, | ||||||
| 25 | on or before the 25th day of each calendar month, the
State | ||||||
| 26 | Department of Revenue shall prepare and certify to the | ||||||
| |||||||
| |||||||
| 1 | Comptroller of
the State of Illinois the amount to be paid to | ||||||
| 2 | the commission, which shall be
the amount (not including credit | ||||||
| 3 | memoranda) collected under this Section during the second | ||||||
| 4 | preceding calendar month by the Department plus an amount the | ||||||
| 5 | Department determines is necessary to offset any amounts that | ||||||
| 6 | were erroneously paid to a different taxing body, and not | ||||||
| 7 | including any amount equal to the amount of refunds made during | ||||||
| 8 | the second preceding calendar month by the Department on behalf | ||||||
| 9 | of the commission, and not including any amount that the | ||||||
| 10 | Department determines is necessary to offset any amounts that | ||||||
| 11 | were payable to a different taxing body but were erroneously | ||||||
| 12 | paid to the commission, and less any amounts that are | ||||||
| 13 | transferred to the STAR Bonds Revenue Fund. Within 10 days | ||||||
| 14 | after receipt by
the Comptroller of the certification of the | ||||||
| 15 | amount to be paid to the
commission, the Comptroller shall | ||||||
| 16 | cause an order to be drawn for the payment
for the amount in | ||||||
| 17 | accordance with the direction in the certification.
| ||||||
| 18 | (h) Beginning June 1, 2016, any tax imposed pursuant to | ||||||
| 19 | this Section may no longer be imposed or collected, unless a | ||||||
| 20 | continuation of the tax is approved by the voters at a | ||||||
| 21 | referendum as set forth in this Section. | ||||||
| 22 | (Source: P.A. 98-298, eff. 8-9-13; 99-217, eff. 7-31-15; | ||||||
| 23 | revised 11-9-15.)
| ||||||
| 24 | Section 250. The School Code is amended by changing | ||||||
| 25 | Sections 2-3.25a, 2-3.25f, 2-3.64a-5, 5-2.2, 10-17a, 10-29, | ||||||
| |||||||
| |||||||
| 1 | 14-8.02, 19-1, 21B-20, 21B-45, 22-30, 27-8.1, 27-24.2, 27A-5, | ||||||
| 2 | 32-5, 34-2.4, and 34-8.1, by setting forth and renumbering | ||||||
| 3 | multiple versions of Sections 2-3.163 and 22-80, and by setting | ||||||
| 4 | forth, renumbering, and changing multiple versions of Section | ||||||
| 5 | 10-20.56 as follows:
| ||||||
| 6 | (105 ILCS 5/2-3.25a) (from Ch. 122, par. 2-3.25a)
| ||||||
| 7 | Sec. 2-3.25a. "School district" defined; additional | ||||||
| 8 | standards.
| ||||||
| 9 | (a) For the purposes of this Section and Sections 3.25b, | ||||||
| 10 | 3.25c,
3.25d, 3.25e, and 3.25f of this Code, "school district" | ||||||
| 11 | includes other
public entities responsible for administering | ||||||
| 12 | public schools, such as
cooperatives, joint agreements, | ||||||
| 13 | charter schools, special charter districts,
regional offices | ||||||
| 14 | of
education, local agencies, and the Department of Human | ||||||
| 15 | Services.
| ||||||
| 16 | (b) In addition to the standards
established pursuant to | ||||||
| 17 | Section 2-3.25, the State Board of Education shall
develop | ||||||
| 18 | recognition standards for student performance and school
| ||||||
| 19 | improvement for all
school districts and their individual | ||||||
| 20 | schools, which must be an outcomes-based, balanced | ||||||
| 21 | accountability measure. The State Board of Education is | ||||||
| 22 | prohibited from having separate performance standards for | ||||||
| 23 | students based on race or ethnicity.
| ||||||
| 24 | Subject to the availability of federal, State, public, or | ||||||
| 25 | private funds, the balanced accountability measure must be | ||||||
| |||||||
| |||||||
| 1 | designed to focus on 2 components, student performance and | ||||||
| 2 | professional practice. The student performance component shall | ||||||
| 3 | count for 30% of the total balanced accountability measure, and | ||||||
| 4 | the professional practice component shall count for 70% of the | ||||||
| 5 | total balanced accountability measure. The student performance | ||||||
| 6 | component shall focus on student outcomes and closing the | ||||||
| 7 | achievement gaps within each school district and its individual | ||||||
| 8 | schools using a Multiple Measure Index and Annual Measurable | ||||||
| 9 | Objectives, as set forth in Section 2-3.25d of this Code. The | ||||||
| 10 | professional practice component shall focus on the degree to | ||||||
| 11 | which a school district, as well as its individual schools, is | ||||||
| 12 | implementing evidence-based, best professional practices and | ||||||
| 13 | exhibiting continued improvement. Beginning with the 2015-2016 | ||||||
| 14 | school year, the balanced accountability measure shall consist | ||||||
| 15 | of only the student performance component, which shall account | ||||||
| 16 | for 100% of the total balanced accountability measure. From the | ||||||
| 17 | 2016-2017 school year through the 2021-2022 school year, the | ||||||
| 18 | State Board of Education and a Balanced Accountability Measure | ||||||
| 19 | Committee shall identify a number of school districts per the | ||||||
| 20 | designated school years to begin implementing the balanced | ||||||
| 21 | accountability measure, which includes both the student | ||||||
| 22 | performance and professional practice components. By the | ||||||
| 23 | 2021-2022 school year, all school districts must be | ||||||
| 24 | implementing the balanced accountability measure, which | ||||||
| 25 | includes both components. The Balanced Accountability Measure | ||||||
| 26 | Committee shall consist of the following individuals: a | ||||||
| |||||||
| |||||||
| 1 | representative of a statewide association representing | ||||||
| 2 | regional superintendents of schools, a representative of a | ||||||
| 3 | statewide association representing principals, a | ||||||
| 4 | representative of an association representing principals in a | ||||||
| 5 | city having a population exceeding 500,000, a representative of | ||||||
| 6 | a statewide association representing school administrators, a | ||||||
| 7 | representative of a statewide professional teachers' | ||||||
| 8 | organization, a representative of a different statewide | ||||||
| 9 | professional teachers' organization, an additional | ||||||
| 10 | representative from either statewide professional teachers' | ||||||
| 11 | organization, a representative of a professional teachers' | ||||||
| 12 | organization in a city having a population exceeding 500,000, a | ||||||
| 13 | representative of a statewide association representing school | ||||||
| 14 | boards, and a representative of a school district organized | ||||||
| 15 | under Article 34 of this Code. The head of each association or | ||||||
| 16 | entity listed in this paragraph shall appoint its respective | ||||||
| 17 | representative. The State Superintendent of Education, in | ||||||
| 18 | consultation with the Committee, may appoint no more than 2 | ||||||
| 19 | additional individuals to the Committee, which individuals | ||||||
| 20 | shall serve in an advisory role and must not have voting or | ||||||
| 21 | other decision-making rights. The Committee is abolished on | ||||||
| 22 | June 1, 2022. | ||||||
| 23 | Using a Multiple Measure Index consistent with subsection | ||||||
| 24 | (a) of Section 2-3.25d of this Code, the student performance | ||||||
| 25 | component shall consist of the following subcategories, each of | ||||||
| 26 | which must be valued at 10%: | ||||||
| |||||||
| |||||||
| 1 | (1) achievement status; | ||||||
| 2 | (2) achievement growth; and | ||||||
| 3 | (3) Annual Measurable Objectives, as set forth in | ||||||
| 4 | subsection (b) of Section 2-3.25d of this Code. | ||||||
| 5 | Achievement status shall measure and assess college and career | ||||||
| 6 | readiness, as well as the graduation rate. Achievement growth | ||||||
| 7 | shall measure the school district's and its individual schools' | ||||||
| 8 | student growth via this State's growth value tables. Annual | ||||||
| 9 | Measurable Objectives shall measure the degree to which school | ||||||
| 10 | districts, as well as their individual schools, are closing | ||||||
| 11 | their achievement gaps among their student population and | ||||||
| 12 | subgroups. | ||||||
| 13 | The professional practice component shall consist of the | ||||||
| 14 | following subcategories: | ||||||
| 15 | (A) compliance; | ||||||
| 16 | (B) evidence-based best practices; and | ||||||
| 17 | (C) contextual improvement. | ||||||
| 18 | Compliance, which shall count for 10%, shall measure the degree | ||||||
| 19 | to which a school district and its individual schools meet the | ||||||
| 20 | current State compliance requirements. Evidence-based best | ||||||
| 21 | practices, which shall count for 30%, shall measure the degree | ||||||
| 22 | to which school districts and their individual schools are | ||||||
| 23 | adhering to a set of evidence-based quality standards and best | ||||||
| 24 | practice for effective schools that include (i) continuous | ||||||
| 25 | improvement, (ii) culture and climate, (iii) shared | ||||||
| 26 | leadership, (iv) governance, (v) education and employee | ||||||
| |||||||
| |||||||
| 1 | quality, (vi) family and community connections, and (vii) | ||||||
| 2 | student and learning development and are further developed in | ||||||
| 3 | consultation with the State Board of Education and the Balanced | ||||||
| 4 | Accountability Measure Committee set forth in this subsection | ||||||
| 5 | (b). Contextual improvement, which shall count for 30%, shall | ||||||
| 6 | provide school districts and their individual schools the | ||||||
| 7 | opportunity to demonstrate improved outcomes through local | ||||||
| 8 | data, including without limitation school climate, unique | ||||||
| 9 | characteristics, and barriers that impact the educational | ||||||
| 10 | environment and hinder the development and implementation of | ||||||
| 11 | action plans to address areas of school district and individual | ||||||
| 12 | school improvement. Each school district, in good faith | ||||||
| 13 | cooperation with its teachers or, where applicable, the | ||||||
| 14 | exclusive bargaining representatives of its teachers, shall | ||||||
| 15 | develop 2 measurable objectives to demonstrate contextual | ||||||
| 16 | improvement, each of which must be equally weighted. Each | ||||||
| 17 | school district shall begin such good faith cooperative | ||||||
| 18 | development of these objectives no later than 6 months prior to | ||||||
| 19 | the beginning of the school year in which the school district | ||||||
| 20 | is to implement the professional practice component of the | ||||||
| 21 | balanced accountability measure. The professional practice | ||||||
| 22 | component must be scored using trained peer review teams that | ||||||
| 23 | observe and verify school district practices using an | ||||||
| 24 | evidence-based framework. | ||||||
| 25 | The balanced accountability measure shall combine the | ||||||
| 26 | student performance and professional practice components into | ||||||
| |||||||
| |||||||
| 1 | one summative score based on 100 points at the school district | ||||||
| 2 | and individual-school level. A school district shall be | ||||||
| 3 | designated as "Exceeds Standards - Exemplar" if the overall | ||||||
| 4 | score is 100 to 90, "Meets Standards - Proficient" if the | ||||||
| 5 | overall score is 89 to 75, "Approaching Standards - Needs | ||||||
| 6 | Improvement" if the overall score is 74 to 60, and "Below | ||||||
| 7 | Standards - Unsatisfactory" if the overall score is 59 to 0. | ||||||
| 8 | The balanced accountability measure shall also detail both | ||||||
| 9 | incentives that reward school districts for continued improved | ||||||
| 10 | performance, as provided in Section 2-3.25c of this Code, and | ||||||
| 11 | consequences for school districts that fail to provide evidence | ||||||
| 12 | of continued improved performance, which may include | ||||||
| 13 | presentation of a barrier analysis, additional school board and | ||||||
| 14 | administrator training, or additional State assistance. Based | ||||||
| 15 | on its summative score, a school district may be exempt from | ||||||
| 16 | the balanced accountability measure for one or more school | ||||||
| 17 | years. The State Board of Education, in collaboration with the | ||||||
| 18 | Balanced Accountability Measure Committee set forth in this | ||||||
| 19 | subsection (b), shall adopt rules that further implementation | ||||||
| 20 | in accordance with the requirements of this Section. | ||||||
| 21 | (Source: P.A. 99-84, eff. 1-1-16; 99-193, eff. 7-30-15; revised | ||||||
| 22 | 10-9-15.)
| ||||||
| 23 | (105 ILCS 5/2-3.25f) (from Ch. 122, par. 2-3.25f)
| ||||||
| 24 | Sec. 2-3.25f. State interventions.
| ||||||
| 25 | (a) The State Board of Education shall provide technical
| ||||||
| |||||||
| |||||||
| 1 | assistance to assist with the development and implementation of | ||||||
| 2 | School and District Improvement Plans.
| ||||||
| 3 | Schools or school districts that fail to make reasonable | ||||||
| 4 | efforts to
implement an
approved Improvement Plan may suffer | ||||||
| 5 | loss of State funds by school
district, attendance center, or | ||||||
| 6 | program as the State Board of Education
deems appropriate.
| ||||||
| 7 | (a-5) (Blank). | ||||||
| 8 | (b) Beginning in 2017, if, after 3 years following its | ||||||
| 9 | identification as a priority district under Section 2-3.25d-5 | ||||||
| 10 | of this Code, a district does not make progress as measured by | ||||||
| 11 | a reduction in achievement gaps commensurate with the targets | ||||||
| 12 | in this State's approved accountability plan with the U.S. | ||||||
| 13 | Department of Education, then the
State Board of Education may | ||||||
| 14 | (i)
change the recognition status of the school district or | ||||||
| 15 | school to
nonrecognized or (ii) authorize the State | ||||||
| 16 | Superintendent
of Education to direct the reassignment of | ||||||
| 17 | pupils
or direct the reassignment or replacement of school | ||||||
| 18 | district personnel. If
a school district is nonrecognized in | ||||||
| 19 | its entirety, it shall automatically
be dissolved on July 1 | ||||||
| 20 | following that nonrecognition and its territory
realigned with | ||||||
| 21 | another school district or districts by the regional board
of | ||||||
| 22 | school trustees in accordance with the procedures set forth in | ||||||
| 23 | Section
7-11 of the School Code. The effective date of the | ||||||
| 24 | nonrecognition of a school
shall be July 1 following the | ||||||
| 25 | nonrecognition.
| ||||||
| 26 | (b-5) The State Board of Education shall also develop a | ||||||
| |||||||
| |||||||
| 1 | system to provide assistance and resources to lower performing | ||||||
| 2 | school districts. At a minimum, the State Board shall identify | ||||||
| 3 | school districts to receive priority services, to be known as | ||||||
| 4 | priority districts under Section 2-3.25d-5 of this Code. The | ||||||
| 5 | school district shall provide the exclusive bargaining | ||||||
| 6 | representative with a 5-day notice that the district has been | ||||||
| 7 | identified as a priority district. In addition, the State Board | ||||||
| 8 | may, by rule, develop other categories of low-performing | ||||||
| 9 | schools and school districts to receive services. | ||||||
| 10 | Based on the results of the district needs assessment under | ||||||
| 11 | Section 2-3.25d-5 of this Code, the State Board of Education | ||||||
| 12 | shall work with the district to provide technical assistance | ||||||
| 13 | and professional development, in partnership with the | ||||||
| 14 | district, to implement a continuous improvement plan that would | ||||||
| 15 | increase outcomes for students. The plan for continuous | ||||||
| 16 | improvement shall be based on the results of the district needs | ||||||
| 17 | assessment and shall be used to determine the types of services | ||||||
| 18 | that are to be provided to each priority district. Potential | ||||||
| 19 | services for a district may include monitoring adult and | ||||||
| 20 | student practices, reviewing and reallocating district | ||||||
| 21 | resources, developing a district leadership team, providing | ||||||
| 22 | access to curricular content area specialists, and providing | ||||||
| 23 | online resources and professional development. | ||||||
| 24 | The State Board of Education may require priority districts | ||||||
| 25 | identified as having deficiencies in one or more core functions | ||||||
| 26 | of the district needs assessment to undergo an accreditation | ||||||
| |||||||
| |||||||
| 1 | process as provided in subsection (d) of Section 2-3.25f-5 of | ||||||
| 2 | this Code. | ||||||
| 3 | (c) All federal requirements apply to schools and school | ||||||
| 4 | districts
utilizing
federal funds under Title I, Part A of the | ||||||
| 5 | federal Elementary and Secondary
Education Act of 1965.
| ||||||
| 6 | (Source: P.A. 98-1155, eff. 1-9-15; 99-193, eff. 7-30-15; | ||||||
| 7 | 99-203, eff. 7-30-15; revised 10-9-15.)
| ||||||
| 8 | (105 ILCS 5/2-3.64a-5) | ||||||
| 9 | Sec. 2-3.64a-5. State goals and assessment. | ||||||
| 10 | (a) For the assessment and accountability purposes of this | ||||||
| 11 | Section, "students" includes those students enrolled in a | ||||||
| 12 | public or State-operated elementary school, secondary school, | ||||||
| 13 | or cooperative or joint agreement with a governing body or | ||||||
| 14 | board of control, a charter school operating in compliance with | ||||||
| 15 | the Charter Schools Law, a school operated by a regional office | ||||||
| 16 | of education under Section 13A-3 of this Code, or a public | ||||||
| 17 | school administered by a local public agency or the Department | ||||||
| 18 | of Human Services. | ||||||
| 19 | (b) The State Board of Education shall establish the | ||||||
| 20 | academic standards that are to be applicable to students who | ||||||
| 21 | are subject to State assessments under this Section. The State | ||||||
| 22 | Board of Education shall not establish any such standards in | ||||||
| 23 | final form without first providing opportunities for public | ||||||
| 24 | participation and local input in the development of the final | ||||||
| 25 | academic standards. Those opportunities shall include a | ||||||
| |||||||
| |||||||
| 1 | well-publicized period of public comment and opportunities to | ||||||
| 2 | file written comments. | ||||||
| 3 | (c) Beginning no later than the 2014-2015 school year, the | ||||||
| 4 | State Board of Education shall annually assess all students | ||||||
| 5 | enrolled in grades 3 through 8 in English language arts and | ||||||
| 6 | mathematics. | ||||||
| 7 | Beginning no later than the 2017-2018 school year, the | ||||||
| 8 | State Board of Education shall annually assess all students in | ||||||
| 9 | science at one grade in grades 3 through 5, at one grade in | ||||||
| 10 | grades 6 through 8, and at one grade in grades 9 through 12. | ||||||
| 11 | The State Board of Education shall annually assess schools | ||||||
| 12 | that operate a secondary education program, as defined in | ||||||
| 13 | Section 22-22 of this Code, in English language arts and | ||||||
| 14 | mathematics. The State Board of Education shall administer no | ||||||
| 15 | more than 3 assessments, per student, of English language arts | ||||||
| 16 | and mathematics for students in a secondary education program. | ||||||
| 17 | One of these assessments shall include a college and career | ||||||
| 18 | ready determination that shall be accepted by this State's | ||||||
| 19 | public institutions of higher education, as defined in the | ||||||
| 20 | Board of Higher Education Act, for the purpose of student | ||||||
| 21 | application or admissions consideration. | ||||||
| 22 | Students who are not assessed for college and career ready | ||||||
| 23 | determinations may not receive a regular high school diploma | ||||||
| 24 | unless the student is exempted from taking State assessments | ||||||
| 25 | under subsection (d) of this Section because (i) the student's | ||||||
| 26 | individualized educational program developed under Article 14 | ||||||
| |||||||
| |||||||
| 1 | of this Code identifies the State assessment as inappropriate | ||||||
| 2 | for the student, (ii) the student is enrolled in a program of | ||||||
| 3 | adult and continuing education, as defined in the Adult | ||||||
| 4 | Education Act, (iii) the school district is not required to | ||||||
| 5 | assess the individual student for purposes of accountability | ||||||
| 6 | under federal No Child Left Behind Act of 2001 requirements, | ||||||
| 7 | (iv) the student has been determined to be an English learner | ||||||
| 8 | and has been enrolled in schools in the United States for less | ||||||
| 9 | than 12 months, or (v) the student is otherwise identified by | ||||||
| 10 | the State Board of Education, through rules, as being exempt | ||||||
| 11 | from the assessment. | ||||||
| 12 | The State Board of Education shall not assess students | ||||||
| 13 | under this Section in subjects not required by this Section. | ||||||
| 14 | Districts shall inform their students of the timelines and | ||||||
| 15 | procedures applicable to their participation in every yearly | ||||||
| 16 | administration of the State assessments.
The State Board of | ||||||
| 17 | Education shall establish periods of time in each school year | ||||||
| 18 | during which State assessments shall occur to meet the | ||||||
| 19 | objectives of this Section. | ||||||
| 20 | (d) Every individualized educational program as described | ||||||
| 21 | in Article 14 shall identify if the State assessment or | ||||||
| 22 | components thereof are appropriate for the student. The State | ||||||
| 23 | Board of Education shall develop rules governing the | ||||||
| 24 | administration of an alternate assessment that may be available | ||||||
| 25 | to students for whom participation in this State's regular | ||||||
| 26 | assessments is not appropriate, even with accommodations as | ||||||
| |||||||
| |||||||
| 1 | allowed under this Section. | ||||||
| 2 | Students receiving special education services whose | ||||||
| 3 | individualized educational programs identify them as eligible | ||||||
| 4 | for the alternative State assessments nevertheless shall have | ||||||
| 5 | the option of taking this State's regular assessment that | ||||||
| 6 | includes a college and career ready determination, which shall | ||||||
| 7 | be administered in accordance with the eligible accommodations | ||||||
| 8 | appropriate for meeting these students' respective needs. | ||||||
| 9 | All students determined to be English learners shall | ||||||
| 10 | participate in the State assessments, excepting those students | ||||||
| 11 | who have been enrolled in schools in the United States for less | ||||||
| 12 | than 12 months. Such students may be exempted from | ||||||
| 13 | participation in one annual administration of the English | ||||||
| 14 | language arts assessment. Any student determined to be an | ||||||
| 15 | English learner shall receive appropriate assessment | ||||||
| 16 | accommodations, including language supports, which shall be | ||||||
| 17 | established by rule. Approved assessment accommodations must | ||||||
| 18 | be provided until the student's English language skills develop | ||||||
| 19 | to the extent that the student is no longer considered to be an | ||||||
| 20 | English learner, as demonstrated through a State-identified | ||||||
| 21 | English language proficiency assessment. | ||||||
| 22 | (e) The results or scores of each assessment taken under | ||||||
| 23 | this Section shall be made available to the parents of each | ||||||
| 24 | student. | ||||||
| 25 | In each school year, the scores attained by a student on | ||||||
| 26 | the State assessment that includes a college and career ready | ||||||
| |||||||
| |||||||
| 1 | determination must be placed in the student's permanent record | ||||||
| 2 | and must be entered on the student's transcript pursuant to | ||||||
| 3 | rules that the State Board of Education shall adopt for that | ||||||
| 4 | purpose in accordance with Section 3 of the Illinois School | ||||||
| 5 | Student Records Act. In each school year, the scores attained | ||||||
| 6 | by a student on the State assessments administered in grades 3 | ||||||
| 7 | through 8 must be placed in the student's temporary record. | ||||||
| 8 | (f) All schools shall administer an academic assessment of | ||||||
| 9 | English language proficiency in oral language (listening and | ||||||
| 10 | speaking) and reading and writing skills to all children | ||||||
| 11 | determined to be English learners. | ||||||
| 12 | (g) All schools in this State that are part of the sample | ||||||
| 13 | drawn by the National Center for Education Statistics, in | ||||||
| 14 | collaboration with their school districts and the State Board | ||||||
| 15 | of Education, shall administer the biennial academic | ||||||
| 16 | assessments under the National Assessment of Educational | ||||||
| 17 | Progress carried out under Section 411(b)(2) of the federal | ||||||
| 18 | National Education Statistics Act of 1994 (20 U.S.C. 9010) if | ||||||
| 19 | the U.S. Secretary of Education pays the costs of administering | ||||||
| 20 | the assessments. | ||||||
| 21 | (h) Subject to available funds to this State for the | ||||||
| 22 | purpose of student assessment, the State Board of Education | ||||||
| 23 | shall provide additional assessments and assessment resources | ||||||
| 24 | that may be used by school districts for local assessment | ||||||
| 25 | purposes. The State Board of Education shall annually | ||||||
| 26 | distribute a listing of these additional resources. | ||||||
| |||||||
| |||||||
| 1 | (i) For the purposes of this subsection (i), "academically | ||||||
| 2 | based assessments" means assessments consisting of questions | ||||||
| 3 | and answers that are measurable and quantifiable to measure the | ||||||
| 4 | knowledge, skills, and ability of students in the subject | ||||||
| 5 | matters covered by the assessments. All assessments | ||||||
| 6 | administered pursuant to this Section must be academically | ||||||
| 7 | based assessments. The scoring of academically based | ||||||
| 8 | assessments shall be reliable, valid, and fair and shall meet | ||||||
| 9 | the guidelines for assessment development and use prescribed by | ||||||
| 10 | the American Psychological Association, the National Council | ||||||
| 11 | on Measurement in Education, and the American Educational | ||||||
| 12 | Research Association. | ||||||
| 13 | The State Board of Education shall review the use of all | ||||||
| 14 | assessment item types in order to ensure that they are valid | ||||||
| 15 | and reliable indicators of student performance aligned to the | ||||||
| 16 | learning standards being assessed and that the development, | ||||||
| 17 | administration, and scoring of these item types are justifiable | ||||||
| 18 | in terms of cost. | ||||||
| 19 | (j) The State Superintendent of Education shall appoint a | ||||||
| 20 | committee of no more than 21 members, consisting of parents, | ||||||
| 21 | teachers, school administrators, school board members, | ||||||
| 22 | assessment experts, regional superintendents of schools, and | ||||||
| 23 | citizens, to review the State assessments administered by the | ||||||
| 24 | State Board of Education. The Committee shall select one of its | ||||||
| 25 | members as its chairperson. The Committee shall meet on an | ||||||
| 26 | ongoing basis to review the content and design of the | ||||||
| |||||||
| |||||||
| 1 | assessments (including whether the requirements of subsection | ||||||
| 2 | (i) of this Section have been met), the time and money expended | ||||||
| 3 | at the local and State levels to prepare for and administer the | ||||||
| 4 | assessments, the collective results of the assessments as | ||||||
| 5 | measured against the stated purpose of assessing student | ||||||
| 6 | performance, and other issues involving the assessments | ||||||
| 7 | identified by the Committee. The Committee shall make periodic | ||||||
| 8 | recommendations to the State Superintendent of Education and | ||||||
| 9 | the General Assembly concerning the assessments. | ||||||
| 10 | (k) The State Board of Education may adopt rules to | ||||||
| 11 | implement this Section.
| ||||||
| 12 | (Source: P.A. 98-972, eff. 8-15-14; 99-30, eff. 7-10-15; | ||||||
| 13 | 99-185, eff. 1-1-16; revised 10-16-15.)
| ||||||
| 14 | (105 ILCS 5/2-3.163) | ||||||
| 15 | Sec. 2-3.163. Prioritization of Urgency of Need for | ||||||
| 16 | Services database. | ||||||
| 17 | (a) The General Assembly makes all of the following | ||||||
| 18 | findings: | ||||||
| 19 | (1) The Department of Human Services maintains a | ||||||
| 20 | statewide database known as the Prioritization of Urgency | ||||||
| 21 | of Need for Services that records information about | ||||||
| 22 | individuals with developmental disabilities who are | ||||||
| 23 | potentially in need of services. | ||||||
| 24 | (2) The Department of Human Services uses the data on | ||||||
| 25 | Prioritization of Urgency of Need for Services to select | ||||||
| |||||||
| |||||||
| 1 | individuals for services as funding becomes available, to | ||||||
| 2 | develop proposals and materials for budgeting, and to plan | ||||||
| 3 | for future needs. | ||||||
| 4 | (3) Prioritization of Urgency of Need for Services is | ||||||
| 5 | available for children and adults with a developmental | ||||||
| 6 | disability who have an unmet service need anticipated in | ||||||
| 7 | the next 5 years. | ||||||
| 8 | (4) Prioritization of Urgency of Need for Services is | ||||||
| 9 | the first step toward getting developmental disabilities | ||||||
| 10 | services in this State. If individuals are not on the | ||||||
| 11 | Prioritization of Urgency of Need for Services waiting | ||||||
| 12 | list, they are not in queue for State developmental | ||||||
| 13 | disabilities services. | ||||||
| 14 | (5) Prioritization of Urgency of Need for Services may | ||||||
| 15 | be underutilized by children and their parents or guardians | ||||||
| 16 | due to lack of awareness or lack of information. | ||||||
| 17 | (b) The State Board of Education may work with school | ||||||
| 18 | districts to inform all students with developmental | ||||||
| 19 | disabilities and their parents or guardians about the | ||||||
| 20 | Prioritization of Urgency of Need for Services database. | ||||||
| 21 | (c) Subject to appropriation, the Department of Human | ||||||
| 22 | Services and State Board of Education shall develop and | ||||||
| 23 | implement an online, computer-based training program for at | ||||||
| 24 | least one designated employee in every public school in this | ||||||
| 25 | State to educate him or her about the Prioritization of Urgency | ||||||
| 26 | of Need for Services database and steps to be taken to ensure | ||||||
| |||||||
| |||||||
| 1 | children and adolescents are enrolled. The training shall | ||||||
| 2 | include instruction for at least one designated employee in | ||||||
| 3 | every public school in contacting the appropriate | ||||||
| 4 | developmental disabilities Independent Service Coordination | ||||||
| 5 | agency to enroll children and adolescents in the database. At | ||||||
| 6 | least one designated employee in every public school shall | ||||||
| 7 | ensure the opportunity to enroll in the Prioritization of | ||||||
| 8 | Urgency of Need for Services database is discussed during | ||||||
| 9 | annual individualized education program (IEP) meetings for all | ||||||
| 10 | children and adolescents believed to have a developmental | ||||||
| 11 | disability. | ||||||
| 12 | (d) The State Board of Education, in consultation with the | ||||||
| 13 | Department of Human Services, shall inform parents and | ||||||
| 14 | guardians of students through school districts about the | ||||||
| 15 | Prioritization of Urgency of Need for Services waiting list.
| ||||||
| 16 | (Source: P.A. 99-144, eff. 1-1-16.)
| ||||||
| 17 | (105 ILCS 5/2-3.164) | ||||||
| 18 | (Section scheduled to be repealed on December 16, 2020) | ||||||
| 19 | Sec. 2-3.164 2-3.163. Attendance Commission. | ||||||
| 20 | (a) The Attendance Commission is created within the State | ||||||
| 21 | Board of Education to study the issue of chronic absenteeism in | ||||||
| 22 | this State and make recommendations for strategies to prevent | ||||||
| 23 | chronic absenteeism. The Commission shall consist of all of the | ||||||
| 24 | following members: | ||||||
| 25 | (1) The Director of the Department of Children and | ||||||
| |||||||
| |||||||
| 1 | Family Services or his or her designee. | ||||||
| 2 | (2) The Chairperson of the State Board of Education or | ||||||
| 3 | his or her designee. | ||||||
| 4 | (3) The Chairperson of the Board of Higher Education or | ||||||
| 5 | his or her designee. | ||||||
| 6 | (4) The Secretary of the Department of Human Services | ||||||
| 7 | or his or her designee. | ||||||
| 8 | (5) The Director of the Department of Public Health or | ||||||
| 9 | his or her designee. | ||||||
| 10 | (6) The Chairperson of the Illinois Community College | ||||||
| 11 | Board or his or her designee. | ||||||
| 12 | (7) The Chairperson of the State Charter School | ||||||
| 13 | Commission or his or her designee. | ||||||
| 14 | (8) An individual that deals with children's | ||||||
| 15 | disabilities, impairments, and social emotional issues, | ||||||
| 16 | appointed by the State Superintendent of Education. | ||||||
| 17 | (9) One member from each of the following | ||||||
| 18 | organizations, appointed by the State Superintendent of | ||||||
| 19 | Education: | ||||||
| 20 | (A) A non-profit organization that advocates for | ||||||
| 21 | students in temporary living situations. | ||||||
| 22 | (B) An Illinois-focused, non-profit organization | ||||||
| 23 | that advocates for the well-being of all children and | ||||||
| 24 | families in this State. | ||||||
| 25 | (C) An Illinois non-profit, anti-crime | ||||||
| 26 | organization of law enforcement that researches and | ||||||
| |||||||
| |||||||
| 1 | recommends early learning and youth development | ||||||
| 2 | strategies to reduce crime. | ||||||
| 3 | (D) An Illinois non-profit organization that | ||||||
| 4 | conducts community-organizing around family issues. | ||||||
| 5 | (E) A statewide professional teachers' | ||||||
| 6 | organization. | ||||||
| 7 | (F) A different statewide professional teachers' | ||||||
| 8 | organization. | ||||||
| 9 | (G) A professional teachers' organization in a | ||||||
| 10 | city having a population exceeding 500,000. | ||||||
| 11 | (H) An association representing school | ||||||
| 12 | administrators. | ||||||
| 13 | (I) An association representing school board | ||||||
| 14 | members. | ||||||
| 15 | (J) An association representing school principals. | ||||||
| 16 | (K) An association representing regional | ||||||
| 17 | superintendents of schools. | ||||||
| 18 | (L) An association representing parents. | ||||||
| 19 | (M) An association representing high school | ||||||
| 20 | districts. | ||||||
| 21 | (N) An association representing large unit | ||||||
| 22 | districts. | ||||||
| 23 | (O) An organization that advocates for healthier | ||||||
| 24 | school environments in Illinois. | ||||||
| 25 | (P) An organization that advocates for the health | ||||||
| 26 | and safety of Illinois youth and families by providing | ||||||
| |||||||
| |||||||
| 1 | capacity building services. | ||||||
| 2 | (Q) A statewide association of local philanthropic | ||||||
| 3 | organizations that advocates for effective | ||||||
| 4 | educational, health, and human service policies to | ||||||
| 5 | improve this State's communities. | ||||||
| 6 | (R) A statewide organization that advocates for | ||||||
| 7 | partnerships among schools, families, and the | ||||||
| 8 | community that provide access to support and remove | ||||||
| 9 | barriers to learning and development, using schools as | ||||||
| 10 | hubs. | ||||||
| 11 | (S) An organization representing statewide | ||||||
| 12 | programs actively involved in truancy intervention. | ||||||
| 13 | Attendance Commission members shall serve without | ||||||
| 14 | compensation but shall be reimbursed for their travel expenses | ||||||
| 15 | from appropriations to the State Board of Education available | ||||||
| 16 | for that purpose and subject to the rules of the appropriate | ||||||
| 17 | travel control board. | ||||||
| 18 | (b) The Attendance Commission shall meet initially at the | ||||||
| 19 | call of the State Superintendent of Education. The members | ||||||
| 20 | shall elect a chairperson at their initial meeting. Thereafter, | ||||||
| 21 | the Attendance Commission shall meet at the call of the | ||||||
| 22 | chairperson. The Attendance Commission shall hold hearings on a | ||||||
| 23 | periodic basis to receive testimony from the public regarding | ||||||
| 24 | attendance. | ||||||
| 25 | (c) The Attendance Commission shall identify strategies, | ||||||
| 26 | mechanisms, and approaches to help parents, educators, | ||||||
| |||||||
| |||||||
| 1 | principals, superintendents, and the State Board of Education | ||||||
| 2 | address and prevent chronic absenteeism and shall recommend to | ||||||
| 3 | the General Assembly and State Board of Education: | ||||||
| 4 | (1) a standard for attendance and chronic absenteeism, | ||||||
| 5 | defining attendance as a calculation of standard clock | ||||||
| 6 | hours in a day that equal a full day based on instructional | ||||||
| 7 | minutes for both a half day and a full day per learning | ||||||
| 8 | environment; | ||||||
| 9 | (2) mechanisms to improve data systems to monitor and | ||||||
| 10 | track chronic absenteeism across this State in a way that | ||||||
| 11 | identifies trends from prekindergarten through grade 12 | ||||||
| 12 | and allows the identification of students who need | ||||||
| 13 | individualized chronic absenteeism prevention plans; | ||||||
| 14 | (3) mechanisms for reporting and accountability for | ||||||
| 15 | schools and districts across this State, including | ||||||
| 16 | creating multiple measure indexes for reporting; | ||||||
| 17 | (4) best practices for utilizing attendance and | ||||||
| 18 | chronic absenteeism data to create multi-tiered systems of | ||||||
| 19 | support and prevention that will result in students being | ||||||
| 20 | ready for college and career; and | ||||||
| 21 | (5) new initiatives and responses to ongoing | ||||||
| 22 | challenges presented by chronic absenteeism. | ||||||
| 23 | (d) The State Board of Education shall provide | ||||||
| 24 | administrative support to the Commission. The Attendance | ||||||
| 25 | Commission shall submit an annual report to the General | ||||||
| 26 | Assembly and the State Board of Education no later than | ||||||
| |||||||
| |||||||
| 1 | December 15 of each year. | ||||||
| 2 | (e) The Attendance Commission is abolished and this Section | ||||||
| 3 | is repealed on December 16, 2020.
| ||||||
| 4 | (Source: P.A. 99-432, eff. 8-21-15; revised 10-5-15.)
| ||||||
| 5 | (105 ILCS 5/2-3.165) | ||||||
| 6 | (Section scheduled to be repealed on June 1, 2016) | ||||||
| 7 | Sec. 2-3.165 2-3.163. Virtual education review committee. | ||||||
| 8 | (a) The State Superintendent of Education shall establish a | ||||||
| 9 | review committee to review virtual education and course choice. | ||||||
| 10 | The review committee shall consist of all of the following | ||||||
| 11 | individuals appointed by the State Superintendent: | ||||||
| 12 | (1) One representative of the State Board of Education, | ||||||
| 13 | who shall serve as chairperson. | ||||||
| 14 | (2) One parent. | ||||||
| 15 | (3) One educator representing a statewide professional | ||||||
| 16 | teachers' organization. | ||||||
| 17 | (4) One educator representing a different statewide | ||||||
| 18 | professional teachers' organization. | ||||||
| 19 | (5) One educator representing a professional teachers' | ||||||
| 20 | organization in a city having a population exceeding | ||||||
| 21 | 500,000. | ||||||
| 22 | (6) One school district administrator representing an | ||||||
| 23 | association that represents school administrators. | ||||||
| 24 | (7) One school principal representing an association | ||||||
| 25 | that represents school principals. | ||||||
| |||||||
| |||||||
| 1 | (8) One school board member representing an | ||||||
| 2 | association that represents school board members. | ||||||
| 3 | (9) One special education administrator representing | ||||||
| 4 | an association that represents special education | ||||||
| 5 | administrators. | ||||||
| 6 | (10) One representative of a school district in a city | ||||||
| 7 | having a population exceeding 500,000. | ||||||
| 8 | (11) One school principal representing an association | ||||||
| 9 | that represents school principals in a city having a | ||||||
| 10 | population exceeding 500,000. | ||||||
| 11 | (12) One representative of an education advocacy group | ||||||
| 12 | that works with parents. | ||||||
| 13 | (13) One representative of an education public policy | ||||||
| 14 | organization. | ||||||
| 15 | (14) One representative of an institution of higher | ||||||
| 16 | education. | ||||||
| 17 | (15) One representative of a virtual school in this | ||||||
| 18 | State. | ||||||
| 19 | The review committee shall also consist of all of the following | ||||||
| 20 | members appointed as follows: | ||||||
| 21 | (A) One member of the Senate appointed by the President | ||||||
| 22 | of the Senate. | ||||||
| 23 | (B) One member of the Senate appointed by the Minority | ||||||
| 24 | Leader of the Senate. | ||||||
| 25 | (C) One member of the House of Representatives | ||||||
| 26 | appointed by the Speaker of the House of Representatives. | ||||||
| |||||||
| |||||||
| 1 | (D) One member of the House of Representatives | ||||||
| 2 | appointed by the Minority Leader of the House of | ||||||
| 3 | Representatives. | ||||||
| 4 | Members of the review committee shall serve without | ||||||
| 5 | compensation, but, subject to appropriation, members may be | ||||||
| 6 | reimbursed for travel. | ||||||
| 7 | (b) The review committee shall meet at least 4 times, at | ||||||
| 8 | the call of the chairperson, to review virtual education and | ||||||
| 9 | course choice. This review shall include a discussion on | ||||||
| 10 | virtual course access programs, including the ability of | ||||||
| 11 | students to enroll in online coursework and access technology | ||||||
| 12 | to complete courses. The review committee shall make | ||||||
| 13 | recommendations on changes and improvements and provide best | ||||||
| 14 | practices for virtual education and course choice in this | ||||||
| 15 | State. The review committee shall determine funding mechanisms | ||||||
| 16 | and district cost projections to administer course access | ||||||
| 17 | programs. | ||||||
| 18 | (c) The State Board of Education shall provide | ||||||
| 19 | administrative and other support to the review committee. | ||||||
| 20 | (d) The review committee shall report its findings and | ||||||
| 21 | recommendations to the Governor and General Assembly no later | ||||||
| 22 | than May 31, 2016. Upon filing its report, the review committee | ||||||
| 23 | is dissolved. | ||||||
| 24 | (e) This Section is repealed on June 1, 2016.
| ||||||
| 25 | (Source: P.A. 99-442, eff. 8-21-15; revised 10-5-15.)
| ||||||
| |||||||
| |||||||
| 1 | (105 ILCS 5/2-3.166) | ||||||
| 2 | Sec. 2-3.166 2-3.163. Youth suicide awareness and | ||||||
| 3 | prevention. | ||||||
| 4 | (a) This Section may be referred to as Ann Marie's Law. | ||||||
| 5 | (b) The State Board of Education shall do both of the | ||||||
| 6 | following: | ||||||
| 7 | (1) In consultation with a youth suicide prevention
| ||||||
| 8 | organization operating in this State and organizations | ||||||
| 9 | representing school boards and school personnel, develop a | ||||||
| 10 | model
youth suicide awareness and prevention policy that is | ||||||
| 11 | consistent with subsection (c) of this Section. | ||||||
| 12 | (2) Compile, develop, and post on its publicly | ||||||
| 13 | accessible
Internet website both of the following, which | ||||||
| 14 | may include materials
already publicly available: | ||||||
| 15 | (A) Recommended guidelines and educational | ||||||
| 16 | materials for
training and professional development. | ||||||
| 17 | (B) Recommended resources and age-appropriate | ||||||
| 18 | educational
materials on youth suicide awareness and | ||||||
| 19 | prevention. | ||||||
| 20 | (c) The model policy developed by the State Board of | ||||||
| 21 | Education under
subsection (b) of this Section and any policy | ||||||
| 22 | adopted by a school board
under subsection (d) of this Section | ||||||
| 23 | shall include all of the following: | ||||||
| 24 | (1) A statement on youth suicide awareness and | ||||||
| 25 | prevention. | ||||||
| 26 | (2) Protocols for administering youth suicide | ||||||
| |||||||
| |||||||
| 1 | awareness and
prevention education to staff and students. | ||||||
| 2 | (3) Methods of prevention, including procedures for | ||||||
| 3 | early
identification and referral of students at risk of | ||||||
| 4 | suicide. | ||||||
| 5 | (4) Methods of intervention, including procedures that
| ||||||
| 6 | address an emotional or mental health safety plan for | ||||||
| 7 | students
identified as being at increased risk of suicide. | ||||||
| 8 | (5) Methods of responding to a student or staff suicide | ||||||
| 9 | or
suicide attempt. | ||||||
| 10 | (6) Reporting procedures. | ||||||
| 11 | (7) Recommended resources on youth suicide awareness | ||||||
| 12 | and
prevention programs, including current contact | ||||||
| 13 | information for
such programs. | ||||||
| 14 | (d) Beginning with the 2015-2016 school year, each school | ||||||
| 15 | board shall review and update its current suicide awareness and | ||||||
| 16 | prevention policy to be consistent with subsection (c) of this | ||||||
| 17 | Section or adopt an age-appropriate youth suicide awareness and
| ||||||
| 18 | prevention policy consistent with subsection (c) of this | ||||||
| 19 | Section, inform each
school district employee and the parent or | ||||||
| 20 | legal guardian of each
student enrolled in the school district | ||||||
| 21 | of such policy, and post
such policy on the school district's | ||||||
| 22 | publicly accessible Internet
website. The policy adopted by a | ||||||
| 23 | school board under this
subsection (d) may be based upon the | ||||||
| 24 | model policy developed by the
State Board of Education under | ||||||
| 25 | subsection (b) of this Section.
| ||||||
| 26 | (Source: P.A. 99-443, eff. 8-21-15; revised 10-5-15.)
| ||||||
| |||||||
| |||||||
| 1 | (105 ILCS 5/5-2.2) | ||||||
| 2 | Sec. 5-2.2. Designation of trustees; Township 36 North, | ||||||
| 3 | Range 13 East. After the April 5, 2011 consolidated election, | ||||||
| 4 | the trustees of schools in Township 36 North, Range 13 East | ||||||
| 5 | shall no longer be elected pursuant to the provisions of | ||||||
| 6 | Sections 5-2, 5-2.1, 5-3, 5-4, 5-12, and 5-13 of this Code. Any | ||||||
| 7 | such trustees elected before such date may complete the term to | ||||||
| 8 | which that trustee was elected, but shall not be succeeded by | ||||||
| 9 | election. Instead, the board of education or board of school | ||||||
| 10 | directors of each of the elementary and high school districts | ||||||
| 11 | that are subject to the jurisdiction of Township 36 North, | ||||||
| 12 | Range 13 East shall appoint one of the members to serve as | ||||||
| 13 | trustee of schools. The trustees of schools shall be appointed | ||||||
| 14 | by each board of education or board of school directors within | ||||||
| 15 | 60 days after the effective date of this amendatory Act of the | ||||||
| 16 | 97th General Assembly and shall reorganize within 30 days after | ||||||
| 17 | all the trustees of schools have been appointed or within 30 | ||||||
| 18 | days after all the trustees of schools were due to have been | ||||||
| 19 | appointed, whichever is sooner. Trustees of schools so | ||||||
| 20 | appointed shall serve at the pleasure of the board of education | ||||||
| 21 | or board of school directors appointing them, but in no event | ||||||
| 22 | longer than 2 years unless reappointed. | ||||||
| 23 | A majority of members of the trustees of schools shall | ||||||
| 24 | constitute a quorum for the transaction of business. The | ||||||
| 25 | trustees shall organize by appointing one of their number | ||||||
| |||||||
| |||||||
| 1 | president, who shall hold the office for 2 years. If the | ||||||
| 2 | president is absent from any meeting, or refuses to perform any | ||||||
| 3 | of the duties of the office, a president pro-tempore may be | ||||||
| 4 | appointed. Trustees who serve on the board as a result of | ||||||
| 5 | appointment or election at the time of the reorganization shall | ||||||
| 6 | continue to serve as a member of the trustees of schools, with | ||||||
| 7 | no greater or lesser lessor authority than any other trustee, | ||||||
| 8 | until such time as their elected term expires. | ||||||
| 9 | Each trustee of schools appointed by a board of education | ||||||
| 10 | or board of school directors shall be entitled to | ||||||
| 11 | indemnification and protection against claims and suits by the | ||||||
| 12 | board that appointed that trustee of schools for acts or | ||||||
| 13 | omissions as a trustee of schools in the same manner and to the | ||||||
| 14 | same extent as the trustee of schools is entitled to | ||||||
| 15 | indemnification and protection for acts or omissions as a | ||||||
| 16 | member of the board of education or board of school directors | ||||||
| 17 | under Section 10-20.20 of this Code.
| ||||||
| 18 | (Source: P.A. 97-631, eff. 12-8-11; revised 10-15-15.)
| ||||||
| 19 | (105 ILCS 5/10-17a) (from Ch. 122, par. 10-17a)
| ||||||
| 20 | Sec. 10-17a. State, school district, and school report | ||||||
| 21 | cards.
| ||||||
| 22 | (1) By October 31, 2013 and October 31 of each subsequent | ||||||
| 23 | school year, the State Board of Education, through the State | ||||||
| 24 | Superintendent of Education, shall prepare a State report card, | ||||||
| 25 | school district report cards, and school report cards, and | ||||||
| |||||||
| |||||||
| 1 | shall by the most economic means provide to each school
| ||||||
| 2 | district in this State, including special charter districts and | ||||||
| 3 | districts
subject to the provisions of Article 34, the report | ||||||
| 4 | cards for the school district and each of its schools. | ||||||
| 5 | (2) In addition to any information required by federal law, | ||||||
| 6 | the State Superintendent shall determine the indicators and | ||||||
| 7 | presentation of the school report card, which must include, at | ||||||
| 8 | a minimum, the most current data possessed by the State Board | ||||||
| 9 | of Education related to the following: | ||||||
| 10 | (A) school characteristics and student demographics, | ||||||
| 11 | including average class size, average teaching experience, | ||||||
| 12 | student racial/ethnic breakdown, and the percentage of | ||||||
| 13 | students classified as low-income; the percentage of | ||||||
| 14 | students classified as English learners; the percentage of | ||||||
| 15 | students who have individualized education plans or 504 | ||||||
| 16 | plans that provide for special education services; the | ||||||
| 17 | percentage of students who annually transferred in or out | ||||||
| 18 | of the school district; the per-pupil operating | ||||||
| 19 | expenditure of the school district; and the per-pupil State | ||||||
| 20 | average operating expenditure for the district type | ||||||
| 21 | (elementary, high school, or unit); | ||||||
| 22 | (B) curriculum information, including, where | ||||||
| 23 | applicable, Advanced Placement, International | ||||||
| 24 | Baccalaureate or equivalent courses, dual enrollment | ||||||
| 25 | courses, foreign language classes, school personnel | ||||||
| 26 | resources (including Career Technical Education teachers), | ||||||
| |||||||
| |||||||
| 1 | before and after school programs, extracurricular | ||||||
| 2 | activities, subjects in which elective classes are | ||||||
| 3 | offered, health and wellness initiatives (including the | ||||||
| 4 | average number of days of Physical Education per week per | ||||||
| 5 | student), approved programs of study, awards received, | ||||||
| 6 | community partnerships, and special programs such as | ||||||
| 7 | programming for the gifted and talented, students with | ||||||
| 8 | disabilities, and work-study students; | ||||||
| 9 | (C) student outcomes, including, where applicable, the | ||||||
| 10 | percentage of students deemed proficient on assessments of | ||||||
| 11 | State standards, the percentage of students in the eighth | ||||||
| 12 | grade who pass Algebra, the percentage of students enrolled | ||||||
| 13 | in post-secondary institutions (including colleges, | ||||||
| 14 | universities, community colleges, trade/vocational | ||||||
| 15 | schools, and training programs leading to career | ||||||
| 16 | certification within 2 semesters of high school | ||||||
| 17 | graduation), the percentage of students graduating from | ||||||
| 18 | high school who are college and career ready, and the | ||||||
| 19 | percentage of graduates enrolled in community colleges, | ||||||
| 20 | colleges, and universities who are in one or more courses | ||||||
| 21 | that the community college, college, or university | ||||||
| 22 | identifies as a developmental course; | ||||||
| 23 | (D) student progress, including, where applicable, the | ||||||
| 24 | percentage of students in the ninth grade who have earned 5 | ||||||
| 25 | credits or more without failing more than one core class, a | ||||||
| 26 | measure of students entering kindergarten ready to learn, a | ||||||
| |||||||
| |||||||
| 1 | measure of growth, and the percentage of students who enter | ||||||
| 2 | high school on track for college and career readiness; | ||||||
| 3 | (E) the school environment, including, where | ||||||
| 4 | applicable, the percentage of students with less than 10 | ||||||
| 5 | absences in a school year, the percentage of teachers with | ||||||
| 6 | less than 10 absences in a school year for reasons other | ||||||
| 7 | than professional development, leaves taken pursuant to | ||||||
| 8 | the federal Family Medical Leave Act of 1993, long-term | ||||||
| 9 | disability, or parental leaves, the 3-year average of the | ||||||
| 10 | percentage of teachers returning to the school from the | ||||||
| 11 | previous year, the number of different principals at the | ||||||
| 12 | school in the last 6 years, 2 or more indicators from any | ||||||
| 13 | school climate survey selected or approved by the State and | ||||||
| 14 | administered pursuant to Section 2-3.153 of this Code, with | ||||||
| 15 | the same or similar indicators included on school report | ||||||
| 16 | cards for all surveys selected or approved by the State | ||||||
| 17 | pursuant to Section 2-3.153 of this Code, and the combined | ||||||
| 18 | percentage of teachers rated as proficient or excellent in | ||||||
| 19 | their most recent evaluation; and | ||||||
| 20 | (F) a school district's and its individual schools' | ||||||
| 21 | balanced accountability measure, in accordance with | ||||||
| 22 | Section 2-3.25a of this Code. | ||||||
| 23 | The school report card shall also provide
information that | ||||||
| 24 | allows for comparing the current outcome, progress, and | ||||||
| 25 | environment data to the State average, to the school data from | ||||||
| 26 | the past 5 years, and to the outcomes, progress, and | ||||||
| |||||||
| |||||||
| 1 | environment of similar schools based on the type of school and | ||||||
| 2 | enrollment of low-income students, special education students, | ||||||
| 3 | and English learners.
| ||||||
| 4 | (3) At the discretion of the State Superintendent, the | ||||||
| 5 | school district report card shall include a subset of the | ||||||
| 6 | information identified in paragraphs (A) through (E) of | ||||||
| 7 | subsection (2) of this Section, as well as information relating | ||||||
| 8 | to the operating expense per pupil and other finances of the | ||||||
| 9 | school district, and the State report card shall include a | ||||||
| 10 | subset of the information identified in paragraphs (A) through | ||||||
| 11 | (E) of subsection (2) of this Section. | ||||||
| 12 | (4) Notwithstanding anything to the contrary in this | ||||||
| 13 | Section, in consultation with key education stakeholders, the | ||||||
| 14 | State Superintendent shall at any time have the discretion to | ||||||
| 15 | amend or update any and all metrics on the school, district, or | ||||||
| 16 | State report card. | ||||||
| 17 | (5) Annually, no more than 30 calendar days after receipt | ||||||
| 18 | of the school district and school report cards from the State | ||||||
| 19 | Superintendent of Education, each school district, including | ||||||
| 20 | special charter districts and districts subject to the | ||||||
| 21 | provisions of Article 34, shall present such report
cards at a | ||||||
| 22 | regular school board meeting subject to
applicable notice | ||||||
| 23 | requirements, post the report cards
on the
school district's | ||||||
| 24 | Internet web site, if the district maintains an Internet web
| ||||||
| 25 | site, make the report cards
available
to a newspaper of general | ||||||
| 26 | circulation serving the district, and, upon
request, send the | ||||||
| |||||||
| |||||||
| 1 | report cards
home to a parent (unless the district does not | ||||||
| 2 | maintain an Internet web site,
in which case
the report card | ||||||
| 3 | shall be sent home to parents without request). If the
district | ||||||
| 4 | posts the report card on its Internet web
site, the district
| ||||||
| 5 | shall send a
written notice home to parents stating (i) that | ||||||
| 6 | the report card is available on
the web site,
(ii) the address | ||||||
| 7 | of the web site, (iii) that a printed copy of the report card
| ||||||
| 8 | will be sent to
parents upon request, and (iv) the telephone | ||||||
| 9 | number that parents may
call to
request a printed copy of the | ||||||
| 10 | report card.
| ||||||
| 11 | (6) Nothing contained in this amendatory Act of the 98th | ||||||
| 12 | General Assembly repeals, supersedes, invalidates, or | ||||||
| 13 | nullifies final decisions in lawsuits pending on the effective | ||||||
| 14 | date of this amendatory Act of the 98th General Assembly in | ||||||
| 15 | Illinois courts involving the interpretation of Public Act | ||||||
| 16 | 97-8. | ||||||
| 17 | (Source: P.A. 98-463, eff. 8-16-13; 98-648, eff. 7-1-14; 99-30, | ||||||
| 18 | eff. 7-10-15; 99-193, eff. 7-30-15; revised 10-21-15.)
| ||||||
| 19 | (105 ILCS 5/10-20.56) | ||||||
| 20 | Sec. 10-20.56. E-learning days. | ||||||
| 21 | (a) The State Board of Education shall establish and | ||||||
| 22 | maintain, for implementation in selected school districts | ||||||
| 23 | during the 2015-2016, 2016-2017, and 2017-2018 school years, a
| ||||||
| 24 | pilot program for use of electronic-learning (e-learning) | ||||||
| 25 | days, as described in this
Section. The State Superintendent of | ||||||
| |||||||
| |||||||
| 1 | Education shall select up to 3 school districts for this | ||||||
| 2 | program, at least one of which may be an elementary or unit | ||||||
| 3 | school district. The use of e-learning days may not begin until | ||||||
| 4 | the second semester of the 2015-2016 school year, and the pilot | ||||||
| 5 | program shall conclude with the end of the 2017-2018 school | ||||||
| 6 | year. On or before June 1, 2019, the State Board shall report | ||||||
| 7 | its recommendation for expansion, revision, or discontinuation | ||||||
| 8 | of the program to the Governor and General Assembly. | ||||||
| 9 | (b) The school board of a school district selected by the | ||||||
| 10 | State Superintendent of Education under subsection (a) of this | ||||||
| 11 | Section may, by resolution, adopt a research-based program or
| ||||||
| 12 | research-based programs for e-learning days district-wide that | ||||||
| 13 | shall permit student instruction to be received electronically | ||||||
| 14 | while students are not physically present in lieu of the | ||||||
| 15 | district's scheduled emergency days as required by Section | ||||||
| 16 | 10-19 of this Code. The research-based program or programs may | ||||||
| 17 | not exceed the minimum number of emergency days in the approved | ||||||
| 18 | school calendar and must be submitted to the State | ||||||
| 19 | Superintendent for approval on or before September 1st annually | ||||||
| 20 | to ensure access for all students. The State Superintendent | ||||||
| 21 | shall approve programs that ensure that the specific needs of | ||||||
| 22 | all students are met, including special education students and | ||||||
| 23 | English learners, and that all mandates are still met using the | ||||||
| 24 | proposed research-based program. The e-learning program may | ||||||
| 25 | utilize the Internet, telephones, texts, chat rooms, or other | ||||||
| 26 | similar means of electronic communication for instruction and | ||||||
| |||||||
| |||||||
| 1 | interaction between teachers and students that meet the needs | ||||||
| 2 | of all
learners. | ||||||
| 3 | (c) Before its adoption by a school board, a school | ||||||
| 4 | district's initial proposal for an e-learning program or for | ||||||
| 5 | renewal of such a program must be approved by the State Board | ||||||
| 6 | of Education and shall follow a public hearing, at a regular or | ||||||
| 7 | special meeting of the school board, in which the terms of the | ||||||
| 8 | proposal must be substantially presented and an opportunity for | ||||||
| 9 | allowing public comments must be provided. Notice of such | ||||||
| 10 | public hearing must be provided at least 10 days prior to the | ||||||
| 11 | hearing by: | ||||||
| 12 | (1) publication in a newspaper of general circulation | ||||||
| 13 | in the school district; | ||||||
| 14 | (2) written or electronic notice designed to reach the | ||||||
| 15 | parents or guardians of all students enrolled in the school | ||||||
| 16 | district; and | ||||||
| 17 | (3) written or electronic notice designed to reach any | ||||||
| 18 | exclusive collective bargaining representatives of school | ||||||
| 19 | district employees and all those employees not in a | ||||||
| 20 | collective bargaining unit. | ||||||
| 21 | (d) A proposal for an e-learning program must be timely | ||||||
| 22 | approved by the State Board of Education if the requirements | ||||||
| 23 | specified in this Section have been met and if, in the view of | ||||||
| 24 | the State Board of Education, the proposal contains provisions | ||||||
| 25 | designed to reasonably and practicably accomplish the | ||||||
| 26 | following: | ||||||
| |||||||
| |||||||
| 1 | (1) to ensure and verify at least 5 clock hours of | ||||||
| 2 | instruction or school work for each student participating | ||||||
| 3 | in an e-learning day; | ||||||
| 4 | (2) to ensure access from home or other appropriate | ||||||
| 5 | remote facility for all students participating, including | ||||||
| 6 | computers, the Internet, and other forms of electronic | ||||||
| 7 | communication that must be utilized in the proposed | ||||||
| 8 | program; | ||||||
| 9 | (3) to ensure appropriate learning opportunities for | ||||||
| 10 | students with special needs; | ||||||
| 11 | (4) to monitor and verify each student's electronic | ||||||
| 12 | participation; | ||||||
| 13 | (5) to address the extent to which student | ||||||
| 14 | participation is within the student's control as to the | ||||||
| 15 | time, pace, and means of learning; | ||||||
| 16 | (6) to provide effective notice to students and their | ||||||
| 17 | parents or guardians of the use of particular days for | ||||||
| 18 | e-learning; | ||||||
| 19 | (7) to provide staff and students with adequate | ||||||
| 20 | training for e-learning days' participation; | ||||||
| 21 | (8) to ensure an opportunity for any collective | ||||||
| 22 | bargaining negotiations with representatives of the school | ||||||
| 23 | district's employees that would be legally required; and | ||||||
| 24 | (9) to review and revise the program as implemented to | ||||||
| 25 | address difficulties confronted. | ||||||
| 26 | The State Board of Education's approval of a school | ||||||
| |||||||
| |||||||
| 1 | district's initial e-learning program and renewal of the | ||||||
| 2 | e-learning program shall be for a term of 3 years. | ||||||
| 3 | (e) The State Board of Education may adopt rules governing | ||||||
| 4 | its supervision and review of e-learning programs consistent | ||||||
| 5 | with the provision of this Section. However, in the absence of | ||||||
| 6 | such rules, school districts may submit proposals for State | ||||||
| 7 | Board of Education consideration under the authority of this | ||||||
| 8 | Section.
| ||||||
| 9 | (Source: P.A. 99-194, eff. 7-30-15.)
| ||||||
| 10 | (105 ILCS 5/10-20.57) | ||||||
| 11 | Sec. 10-20.57 10-20.56. Carbon monoxide alarm required. | ||||||
| 12 | (a) In this Section: | ||||||
| 13 | "Approved carbon monoxide alarm" and "alarm" have the | ||||||
| 14 | meaning ascribed to those terms in the Carbon Monoxide Alarm | ||||||
| 15 | Detector Act. | ||||||
| 16 | "Carbon monoxide detector" and "detector" mean a device | ||||||
| 17 | having a sensor that responds to carbon monoxide gas and that | ||||||
| 18 | is connected to an alarm control unit and approved in | ||||||
| 19 | accordance with rules adopted by the State Fire Marshal. | ||||||
| 20 | (b) A school board shall require that each school under its | ||||||
| 21 | authority be equipped with approved carbon monoxide alarms or | ||||||
| 22 | carbon monoxide detectors. The alarms must be powered as | ||||||
| 23 | follows: | ||||||
| 24 | (1) For a school designed before January 1, 2016 (the | ||||||
| 25 | effective date of Public Act 99-470) this amendatory Act of | ||||||
| |||||||
| |||||||
| 1 | the 99th General Assembly, alarms powered by batteries are | ||||||
| 2 | permitted. In accordance with Section 17-2.11 of this Code, | ||||||
| 3 | alarms permanently powered by the building's electrical | ||||||
| 4 | system and monitored by any required fire alarm system are | ||||||
| 5 | also permitted. Fire prevention and safety tax levy | ||||||
| 6 | proceeds or bond proceeds may be used for alarms. | ||||||
| 7 | (2) For a school designed on or after January 1, 2016 | ||||||
| 8 | (the effective date of Public Act 99-470) this amendatory | ||||||
| 9 | Act of the 99th General Assembly, alarms must be | ||||||
| 10 | permanently powered by the building's electrical system or | ||||||
| 11 | be an approved carbon monoxide detection system. An | ||||||
| 12 | installation required in this subdivision (2) must be | ||||||
| 13 | monitored by any required fire alarm system. | ||||||
| 14 | Alarms or detectors must be located within 20 feet of a | ||||||
| 15 | carbon monoxide emitting device. Alarms or detectors must be in | ||||||
| 16 | operating condition and be inspected annually. A school is | ||||||
| 17 | exempt from the requirements of this Section if it does not | ||||||
| 18 | have or is not close to any sources of carbon monoxide. A | ||||||
| 19 | school must require plans, protocols, and procedures in | ||||||
| 20 | response to the activation of a carbon monoxide alarm or carbon | ||||||
| 21 | monoxide detection system.
| ||||||
| 22 | (Source: P.A. 99-470, eff. 1-1-16; revised 10-19-15.)
| ||||||
| 23 | (105 ILCS 5/10-29) | ||||||
| 24 | Sec. 10-29. Remote educational programs. | ||||||
| 25 | (a) For purposes of this Section, "remote educational | ||||||
| |||||||
| |||||||
| 1 | program" means an educational program delivered to students in | ||||||
| 2 | the home or other location outside of a school building that | ||||||
| 3 | meets all of the following criteria: | ||||||
| 4 | (1) A student may participate in the program only after | ||||||
| 5 | the school district, pursuant to adopted school board | ||||||
| 6 | policy, and a person authorized to enroll the student under | ||||||
| 7 | Section 10-20.12b of this Code determine that a remote | ||||||
| 8 | educational program will best serve the student's | ||||||
| 9 | individual learning needs. The adopted school board policy | ||||||
| 10 | shall include, but not be limited to, all of the following: | ||||||
| 11 | (A) Criteria for determining that a remote | ||||||
| 12 | educational program will best serve a student's | ||||||
| 13 | individual learning needs. The criteria must include | ||||||
| 14 | consideration of, at a minimum, a student's prior | ||||||
| 15 | attendance, disciplinary record, and academic history. | ||||||
| 16 | (B) Any limitations on the number of students or | ||||||
| 17 | grade levels that may participate in a remote | ||||||
| 18 | educational program. | ||||||
| 19 | (C) A description of the process that the school | ||||||
| 20 | district will use to approve participation in the | ||||||
| 21 | remote educational program. The process must include | ||||||
| 22 | without limitation a requirement that, for any student | ||||||
| 23 | who qualifies to receive services pursuant to the | ||||||
| 24 | federal Individuals with Disabilities Education | ||||||
| 25 | Improvement Act of 2004, the student's participation | ||||||
| 26 | in a remote educational program receive prior approval | ||||||
| |||||||
| |||||||
| 1 | from the student's individualized education program | ||||||
| 2 | team. | ||||||
| 3 | (D) A description of the process the school | ||||||
| 4 | district will use to develop and approve a written | ||||||
| 5 | remote educational plan that meets the requirements of | ||||||
| 6 | subdivision (5) of this subsection (a). | ||||||
| 7 | (E) A description of the system the school district | ||||||
| 8 | will establish to calculate the number of clock hours a | ||||||
| 9 | student is participating in instruction in accordance | ||||||
| 10 | with the remote educational program. | ||||||
| 11 | (F) A description of the process for renewing a | ||||||
| 12 | remote educational program at the expiration of its | ||||||
| 13 | term. | ||||||
| 14 | (G) Such other terms and provisions as the school | ||||||
| 15 | district deems necessary to provide for the | ||||||
| 16 | establishment and delivery of a remote educational | ||||||
| 17 | program. | ||||||
| 18 | (2) The school district has determined that the remote | ||||||
| 19 | educational program's curriculum is aligned to State | ||||||
| 20 | learning standards and that the program offers instruction | ||||||
| 21 | and educational experiences consistent with those given to | ||||||
| 22 | students at the same grade level in the district. | ||||||
| 23 | (3) The remote educational program is delivered by | ||||||
| 24 | instructors that meet the following qualifications: | ||||||
| 25 | (A) they are certificated under Article 21 of this | ||||||
| 26 | Code; | ||||||
| |||||||
| |||||||
| 1 | (B) they meet applicable highly qualified criteria | ||||||
| 2 | under the federal No Child Left Behind Act of 2001; and | ||||||
| 3 | (C) they have responsibility for all of the | ||||||
| 4 | following elements of the program: planning | ||||||
| 5 | instruction, diagnosing learning needs, prescribing | ||||||
| 6 | content delivery through class activities, assessing | ||||||
| 7 | learning, reporting outcomes to administrators and | ||||||
| 8 | parents and guardians, and evaluating the effects of | ||||||
| 9 | instruction. | ||||||
| 10 | (4) During the period of time from and including the | ||||||
| 11 | opening date to the
closing date of the regular school term | ||||||
| 12 | of the school district established pursuant to Section | ||||||
| 13 | 10-19 of this Code, participation in a remote educational | ||||||
| 14 | program may be claimed for general State aid purposes under | ||||||
| 15 | Section 18-8.05 of this Code on any calendar day, | ||||||
| 16 | notwithstanding whether the day is a day of pupil | ||||||
| 17 | attendance or institute day on the school district's | ||||||
| 18 | calendar or any other provision of law restricting | ||||||
| 19 | instruction on that day. If the district holds year-round | ||||||
| 20 | classes in some buildings, the district
shall classify each | ||||||
| 21 | student's participation in a remote educational program as | ||||||
| 22 | either on a year-round or a non-year-round schedule for | ||||||
| 23 | purposes of claiming general State aid. Outside of the | ||||||
| 24 | regular school term of the district, the remote educational | ||||||
| 25 | program may be offered as part of any summer school program | ||||||
| 26 | authorized by this Code. | ||||||
| |||||||
| |||||||
| 1 | (5) Each student participating in a remote educational | ||||||
| 2 | program must have a written remote educational plan that | ||||||
| 3 | has been approved by the school district and a person | ||||||
| 4 | authorized to enroll the student under Section 10-20.12b of | ||||||
| 5 | this Code. The school district and a person authorized to | ||||||
| 6 | enroll the student under Section 10-20.12b of this Code | ||||||
| 7 | must approve any amendment to a remote educational plan. | ||||||
| 8 | The remote educational plan must include, but is not | ||||||
| 9 | limited to, all of the following: | ||||||
| 10 | (A) Specific achievement goals for the student | ||||||
| 11 | aligned to State learning standards. | ||||||
| 12 | (B) A description of all assessments that will be | ||||||
| 13 | used to measure student progress, which description | ||||||
| 14 | shall indicate the assessments that will be | ||||||
| 15 | administered at an attendance center within the school | ||||||
| 16 | district. | ||||||
| 17 | (C) A description of the progress reports that will | ||||||
| 18 | be provided to the school district and the person or | ||||||
| 19 | persons authorized to enroll the student under Section | ||||||
| 20 | 10-20.12b of this Code. | ||||||
| 21 | (D) Expectations, processes, and schedules for | ||||||
| 22 | interaction between a teacher and student. | ||||||
| 23 | (E) A description of the specific responsibilities | ||||||
| 24 | of the student's family and the school district with | ||||||
| 25 | respect to equipment, materials, phone and Internet | ||||||
| 26 | service, and any other requirements applicable to the | ||||||
| |||||||
| |||||||
| 1 | home or other location outside of a school building | ||||||
| 2 | necessary for the delivery of the remote educational | ||||||
| 3 | program. | ||||||
| 4 | (F) If applicable, a description of how the remote | ||||||
| 5 | educational program will be delivered in a manner | ||||||
| 6 | consistent with the student's individualized education | ||||||
| 7 | program required by Section 614(d) of the federal | ||||||
| 8 | Individuals with Disabilities Education Improvement | ||||||
| 9 | Act of 2004 or plan to ensure compliance with Section | ||||||
| 10 | 504 of the federal Rehabilitation Act of 1973. | ||||||
| 11 | (G) A description of the procedures and | ||||||
| 12 | opportunities for participation in academic and | ||||||
| 13 | extra-curricular activities and programs within the | ||||||
| 14 | school district. | ||||||
| 15 | (H) The identification of a parent, guardian, or | ||||||
| 16 | other responsible adult who will provide direct | ||||||
| 17 | supervision of the program. The plan must include an | ||||||
| 18 | acknowledgment by the parent, guardian, or other | ||||||
| 19 | responsible adult that he or she may engage only in | ||||||
| 20 | non-teaching duties not requiring instructional | ||||||
| 21 | judgment or the evaluation of a student. The plan shall | ||||||
| 22 | designate the parent, guardian, or other responsible | ||||||
| 23 | adult as non-teaching personnel or volunteer personnel | ||||||
| 24 | under subsection (a) of Section 10-22.34 of this Code. | ||||||
| 25 | (I) The identification of a school district | ||||||
| 26 | administrator who will oversee the remote educational | ||||||
| |||||||
| |||||||
| 1 | program on behalf of the school district and who may be | ||||||
| 2 | contacted by the student's parents with respect to any | ||||||
| 3 | issues or concerns with the program. | ||||||
| 4 | (J) The term of the student's participation in the | ||||||
| 5 | remote educational program, which may not extend for | ||||||
| 6 | longer than 12 months, unless the term is renewed by | ||||||
| 7 | the district in accordance with subdivision (7) of this | ||||||
| 8 | subsection (a). | ||||||
| 9 | (K) A description of the specific location or | ||||||
| 10 | locations in which the program will be delivered. If | ||||||
| 11 | the remote educational program is to be delivered to a | ||||||
| 12 | student in any location other than the student's home, | ||||||
| 13 | the plan must include a written determination by the | ||||||
| 14 | school district that the location will provide a | ||||||
| 15 | learning environment appropriate for the delivery of | ||||||
| 16 | the program. The location or locations in which the | ||||||
| 17 | program will be delivered shall be deemed a long | ||||||
| 18 | distance teaching reception area under subsection (a) | ||||||
| 19 | of Section 10-22.34 of this Code. | ||||||
| 20 | (L) Certification by the school district that the | ||||||
| 21 | plan meets all other requirements of this Section. | ||||||
| 22 | (6) Students participating in a remote educational | ||||||
| 23 | program must be enrolled in a school district attendance | ||||||
| 24 | center pursuant to the school district's enrollment policy | ||||||
| 25 | or policies. A student participating in a remote | ||||||
| 26 | educational program must be tested as part of all | ||||||
| |||||||
| |||||||
| 1 | assessments administered by the school district pursuant | ||||||
| 2 | to Section 2-3.64a-5 of this Code at the attendance center | ||||||
| 3 | in which the student is enrolled and in accordance with the | ||||||
| 4 | attendance center's assessment policies and schedule. The | ||||||
| 5 | student must be included within all accountability | ||||||
| 6 | determinations for the school district and attendance | ||||||
| 7 | center under State and federal law. | ||||||
| 8 | (7) The term of a student's participation in a remote | ||||||
| 9 | educational program may not extend for longer than 12 | ||||||
| 10 | months, unless the term is renewed by the school district. | ||||||
| 11 | The district may only renew a student's participation in a | ||||||
| 12 | remote educational program following an evaluation of the | ||||||
| 13 | student's progress in the program, a determination that the | ||||||
| 14 | student's continuation in the program will best serve the | ||||||
| 15 | student's individual learning needs, and an amendment to | ||||||
| 16 | the student's written remote educational plan addressing | ||||||
| 17 | any changes for the upcoming term of the program. | ||||||
| 18 | For purposes of this Section, a remote educational program | ||||||
| 19 | does not include instruction delivered to students through an | ||||||
| 20 | e-learning program approved under Section 10-20.56 of this | ||||||
| 21 | Code. | ||||||
| 22 | (b) A school district may, by resolution of its school | ||||||
| 23 | board, establish a remote educational program. | ||||||
| 24 | (c) Clock hours of instruction by students in a remote | ||||||
| 25 | educational program meeting the requirements of this Section | ||||||
| 26 | may be claimed by the school district and shall be counted as | ||||||
| |||||||
| |||||||
| 1 | school work for general State aid purposes in accordance with | ||||||
| 2 | and subject to the limitations of Section 18-8.05 of this Code. | ||||||
| 3 | (d) The impact of remote educational programs on wages, | ||||||
| 4 | hours, and terms and conditions of employment of educational | ||||||
| 5 | employees within the school district shall be subject to local | ||||||
| 6 | collective bargaining agreements. | ||||||
| 7 | (e) The use of a home or other location outside of a school | ||||||
| 8 | building for a remote educational program shall not cause the | ||||||
| 9 | home or other location to be deemed a public school facility. | ||||||
| 10 | (f) A remote educational program may be used, but is not | ||||||
| 11 | required, for instruction delivered to a student in the home or | ||||||
| 12 | other location outside of a school building that is not claimed | ||||||
| 13 | for general State aid purposes under Section 18-8.05 of this | ||||||
| 14 | Code. | ||||||
| 15 | (g) School districts that, pursuant to this Section, adopt | ||||||
| 16 | a policy for a remote educational program must submit to the | ||||||
| 17 | State Board of Education a copy of the policy and any | ||||||
| 18 | amendments thereto, as well as data on student participation in | ||||||
| 19 | a format specified by the State Board of Education. The State | ||||||
| 20 | Board of Education may perform or contract with an outside | ||||||
| 21 | entity to perform an evaluation of remote educational programs | ||||||
| 22 | in this State. | ||||||
| 23 | (h) The State Board of Education may adopt any rules | ||||||
| 24 | necessary to ensure compliance by remote educational programs | ||||||
| 25 | with the requirements of this Section and other applicable | ||||||
| 26 | legal requirements.
| ||||||
| |||||||
| |||||||
| 1 | (Source: P.A. 98-972, eff. 8-15-14; 99-193, eff. 7-30-15; | ||||||
| 2 | 99-194, eff. 7-30-15; revised 10-9-15.)
| ||||||
| 3 | (105 ILCS 5/14-8.02) (from Ch. 122, par. 14-8.02)
| ||||||
| 4 | Sec. 14-8.02. Identification, Evaluation and Placement of | ||||||
| 5 | Children.
| ||||||
| 6 | (a) The State Board of Education shall make rules under | ||||||
| 7 | which local school
boards shall determine the eligibility of | ||||||
| 8 | children to receive special
education. Such rules shall ensure | ||||||
| 9 | that a free appropriate public
education be available to all | ||||||
| 10 | children with disabilities as
defined in
Section 14-1.02. The | ||||||
| 11 | State Board of Education shall require local school
districts | ||||||
| 12 | to administer non-discriminatory procedures or tests to
| ||||||
| 13 | English learners coming from homes in which a language
other | ||||||
| 14 | than English is used to determine their eligibility to receive | ||||||
| 15 | special
education. The placement of low English proficiency | ||||||
| 16 | students in special
education programs and facilities shall be | ||||||
| 17 | made in accordance with the test
results reflecting the | ||||||
| 18 | student's linguistic, cultural and special education
needs. | ||||||
| 19 | For purposes of determining the eligibility of children the | ||||||
| 20 | State
Board of Education shall include in the rules definitions | ||||||
| 21 | of "case study",
"staff conference", "individualized | ||||||
| 22 | educational program", and "qualified
specialist" appropriate | ||||||
| 23 | to each category of children with
disabilities as defined in
| ||||||
| 24 | this Article. For purposes of determining the eligibility of | ||||||
| 25 | children from
homes in which a language other than English is | ||||||
| |||||||
| |||||||
| 1 | used, the State Board of
Education shall include in the rules
| ||||||
| 2 | definitions for "qualified bilingual specialists" and | ||||||
| 3 | "linguistically and
culturally appropriate individualized | ||||||
| 4 | educational programs". For purposes of this
Section, as well as | ||||||
| 5 | Sections 14-8.02a, 14-8.02b, and 14-8.02c of this Code,
| ||||||
| 6 | "parent" means a parent as defined in the federal Individuals | ||||||
| 7 | with Disabilities Education Act (20 U.S.C. 1401(23)).
| ||||||
| 8 | (b) No child shall be eligible for special education | ||||||
| 9 | facilities except
with a carefully completed case study fully | ||||||
| 10 | reviewed by professional
personnel in a multidisciplinary | ||||||
| 11 | staff conference and only upon the
recommendation of qualified | ||||||
| 12 | specialists or a qualified bilingual specialist, if
available. | ||||||
| 13 | At the conclusion of the multidisciplinary staff conference, | ||||||
| 14 | the
parent of the child shall be given a copy of the | ||||||
| 15 | multidisciplinary
conference summary report and | ||||||
| 16 | recommendations, which includes options
considered, and be | ||||||
| 17 | informed of their right to obtain an independent educational
| ||||||
| 18 | evaluation if they disagree with the evaluation findings | ||||||
| 19 | conducted or obtained
by the school district. If the school | ||||||
| 20 | district's evaluation is shown to be
inappropriate, the school | ||||||
| 21 | district shall reimburse the parent for the cost of
the | ||||||
| 22 | independent evaluation. The State Board of Education shall, | ||||||
| 23 | with advice
from the State Advisory Council on Education of | ||||||
| 24 | Children with
Disabilities on the
inclusion of specific | ||||||
| 25 | independent educational evaluators, prepare a list of
| ||||||
| 26 | suggested independent educational evaluators. The State Board | ||||||
| |||||||
| |||||||
| 1 | of Education
shall include on the list clinical psychologists | ||||||
| 2 | licensed pursuant to the
Clinical Psychologist Licensing Act. | ||||||
| 3 | Such psychologists shall not be paid fees
in excess of the | ||||||
| 4 | amount that would be received by a school psychologist for
| ||||||
| 5 | performing the same services. The State Board of Education | ||||||
| 6 | shall supply school
districts with such list and make the list | ||||||
| 7 | available to parents at their
request. School districts shall | ||||||
| 8 | make the list available to parents at the time
they are | ||||||
| 9 | informed of their right to obtain an independent educational
| ||||||
| 10 | evaluation. However, the school district may initiate an | ||||||
| 11 | impartial
due process hearing under this Section within 5 days | ||||||
| 12 | of any written parent
request for an independent educational | ||||||
| 13 | evaluation to show that
its evaluation is appropriate. If the | ||||||
| 14 | final decision is that the evaluation
is appropriate, the | ||||||
| 15 | parent still has a right to an independent educational
| ||||||
| 16 | evaluation, but not at public expense. An independent | ||||||
| 17 | educational
evaluation at public expense must be completed | ||||||
| 18 | within 30 days of a parent
written request unless the school | ||||||
| 19 | district initiates an
impartial due process hearing or the | ||||||
| 20 | parent or school district
offers reasonable grounds to show | ||||||
| 21 | that such 30 day time period should be
extended. If the due | ||||||
| 22 | process hearing decision indicates that the parent is entitled | ||||||
| 23 | to an independent educational evaluation, it must be
completed | ||||||
| 24 | within 30 days of the decision unless the parent or
the school | ||||||
| 25 | district offers reasonable grounds to show that such 30 day
| ||||||
| 26 | period should be extended. If a parent disagrees with the | ||||||
| |||||||
| |||||||
| 1 | summary report or
recommendations of the multidisciplinary | ||||||
| 2 | conference or the findings of any
educational evaluation which | ||||||
| 3 | results therefrom, the school
district shall not proceed with a | ||||||
| 4 | placement based upon such evaluation and
the child shall remain | ||||||
| 5 | in his or her regular classroom setting.
No child shall be | ||||||
| 6 | eligible for admission to a
special class for children with a | ||||||
| 7 | mental disability who are educable or for children with a | ||||||
| 8 | mental disability who are trainable except with a psychological | ||||||
| 9 | evaluation
and
recommendation by a school psychologist. | ||||||
| 10 | Consent shall be obtained from
the parent of a child before any | ||||||
| 11 | evaluation is conducted.
If consent is not given by the parent | ||||||
| 12 | or if the parent disagrees with the findings of the evaluation, | ||||||
| 13 | then the school
district may initiate an impartial due process | ||||||
| 14 | hearing under this Section.
The school district may evaluate | ||||||
| 15 | the child if that is the decision
resulting from the impartial | ||||||
| 16 | due process hearing and the decision is not
appealed or if the | ||||||
| 17 | decision is affirmed on appeal.
The determination of | ||||||
| 18 | eligibility shall be made and the IEP meeting shall be | ||||||
| 19 | completed within 60 school days
from the date of written | ||||||
| 20 | parental consent. In those instances when written parental | ||||||
| 21 | consent is obtained with fewer than 60 pupil attendance days | ||||||
| 22 | left in the school year,
the eligibility determination shall be | ||||||
| 23 | made and the IEP meeting shall be completed prior to the first | ||||||
| 24 | day of the
following school year. Special education and related | ||||||
| 25 | services must be provided in accordance with the student's IEP | ||||||
| 26 | no later than 10 school attendance days after notice is | ||||||
| |||||||
| |||||||
| 1 | provided to the parents pursuant to Section 300.503 of Title 34 | ||||||
| 2 | of the Code of Federal Regulations and implementing rules | ||||||
| 3 | adopted by the State Board of Education. The appropriate
| ||||||
| 4 | program pursuant to the individualized educational program of | ||||||
| 5 | students
whose native tongue is a language other than English | ||||||
| 6 | shall reflect the
special education, cultural and linguistic | ||||||
| 7 | needs. No later than September
1, 1993, the State Board of | ||||||
| 8 | Education shall establish standards for the
development, | ||||||
| 9 | implementation and monitoring of appropriate bilingual special
| ||||||
| 10 | individualized educational programs. The State Board of | ||||||
| 11 | Education shall
further incorporate appropriate monitoring | ||||||
| 12 | procedures to verify implementation
of these standards. The | ||||||
| 13 | district shall indicate to the parent and
the State Board of | ||||||
| 14 | Education the nature of the services the child will receive
for | ||||||
| 15 | the regular school term while waiting placement in the | ||||||
| 16 | appropriate special
education class.
| ||||||
| 17 | If the child is deaf, hard of hearing, blind, or visually | ||||||
| 18 | impaired and
he or she might be eligible to receive services | ||||||
| 19 | from the Illinois School for
the Deaf or the Illinois School | ||||||
| 20 | for the Visually Impaired, the school
district shall notify the | ||||||
| 21 | parents, in writing, of the existence of
these schools
and the | ||||||
| 22 | services
they provide and shall make a reasonable effort to | ||||||
| 23 | inform the parents of the existence of other, local schools | ||||||
| 24 | that provide similar services and the services that these other | ||||||
| 25 | schools provide. This notification
shall
include without | ||||||
| 26 | limitation information on school services, school
admissions | ||||||
| |||||||
| |||||||
| 1 | criteria, and school contact information.
| ||||||
| 2 | In the development of the individualized education program | ||||||
| 3 | for a student who has a disability on the autism spectrum | ||||||
| 4 | (which includes autistic disorder, Asperger's disorder, | ||||||
| 5 | pervasive developmental disorder not otherwise specified, | ||||||
| 6 | childhood disintegrative disorder, and Rett Syndrome, as | ||||||
| 7 | defined in the Diagnostic and Statistical Manual of Mental | ||||||
| 8 | Disorders, fourth edition (DSM-IV, 2000)), the IEP team shall | ||||||
| 9 | consider all of the following factors: | ||||||
| 10 | (1) The verbal and nonverbal communication needs of the | ||||||
| 11 | child. | ||||||
| 12 | (2) The need to develop social interaction skills and | ||||||
| 13 | proficiencies. | ||||||
| 14 | (3) The needs resulting from the child's unusual | ||||||
| 15 | responses to sensory experiences. | ||||||
| 16 | (4) The needs resulting from resistance to | ||||||
| 17 | environmental change or change in daily routines. | ||||||
| 18 | (5) The needs resulting from engagement in repetitive | ||||||
| 19 | activities and stereotyped movements. | ||||||
| 20 | (6) The need for any positive behavioral | ||||||
| 21 | interventions, strategies, and supports to address any | ||||||
| 22 | behavioral difficulties resulting from autism spectrum | ||||||
| 23 | disorder. | ||||||
| 24 | (7) Other needs resulting from the child's disability | ||||||
| 25 | that impact progress in the general curriculum, including | ||||||
| 26 | social and emotional development. | ||||||
| |||||||
| |||||||
| 1 | Public Act 95-257
does not create any new entitlement to a | ||||||
| 2 | service, program, or benefit, but must not affect any | ||||||
| 3 | entitlement to a service, program, or benefit created by any | ||||||
| 4 | other law.
| ||||||
| 5 | If the student may be eligible to participate in the | ||||||
| 6 | Home-Based Support
Services Program for Adults with Mental | ||||||
| 7 | Disabilities authorized under the
Developmental Disability and | ||||||
| 8 | Mental Disability Services Act upon becoming an
adult, the | ||||||
| 9 | student's individualized education program shall include plans | ||||||
| 10 | for
(i) determining the student's eligibility for those | ||||||
| 11 | home-based services, (ii)
enrolling the student in the program | ||||||
| 12 | of home-based services, and (iii)
developing a plan for the | ||||||
| 13 | student's most effective use of the home-based
services after | ||||||
| 14 | the student becomes an adult and no longer receives special
| ||||||
| 15 | educational services under this Article. The plans developed | ||||||
| 16 | under this
paragraph shall include specific actions to be taken | ||||||
| 17 | by specified individuals,
agencies, or officials.
| ||||||
| 18 | (c) In the development of the individualized education | ||||||
| 19 | program for a
student who is functionally blind, it shall be | ||||||
| 20 | presumed that proficiency in
Braille reading and writing is | ||||||
| 21 | essential for the student's satisfactory
educational progress. | ||||||
| 22 | For purposes of this subsection, the State Board of
Education | ||||||
| 23 | shall determine the criteria for a student to be classified as
| ||||||
| 24 | functionally blind. Students who are not currently identified | ||||||
| 25 | as
functionally blind who are also entitled to Braille | ||||||
| 26 | instruction include:
(i) those whose vision loss is so severe | ||||||
| |||||||
| |||||||
| 1 | that they are unable to read and
write at a level comparable to | ||||||
| 2 | their peers solely through the use of
vision, and (ii) those | ||||||
| 3 | who show evidence of progressive vision loss that
may result in | ||||||
| 4 | functional blindness. Each student who is functionally blind
| ||||||
| 5 | shall be entitled to Braille reading and writing instruction | ||||||
| 6 | that is
sufficient to enable the student to communicate with | ||||||
| 7 | the same level of
proficiency as other students of comparable | ||||||
| 8 | ability. Instruction should be
provided to the extent that the | ||||||
| 9 | student is physically and cognitively able
to use Braille. | ||||||
| 10 | Braille instruction may be used in combination with other
| ||||||
| 11 | special education services appropriate to the student's | ||||||
| 12 | educational needs.
The assessment of each student who is | ||||||
| 13 | functionally blind for the purpose of
developing the student's | ||||||
| 14 | individualized education program shall include
documentation | ||||||
| 15 | of the student's strengths and weaknesses in Braille skills.
| ||||||
| 16 | Each person assisting in the development of the individualized | ||||||
| 17 | education
program for a student who is functionally blind shall | ||||||
| 18 | receive information
describing the benefits of Braille | ||||||
| 19 | instruction. The individualized
education program for each | ||||||
| 20 | student who is functionally blind shall
specify the appropriate | ||||||
| 21 | learning medium or media based on the assessment
report.
| ||||||
| 22 | (d) To the maximum extent appropriate, the placement shall | ||||||
| 23 | provide the
child with the opportunity to be educated with | ||||||
| 24 | children who do not have a disability; provided that children | ||||||
| 25 | with
disabilities who are recommended to be
placed into regular | ||||||
| 26 | education classrooms are provided with supplementary
services | ||||||
| |||||||
| |||||||
| 1 | to assist the children with disabilities to benefit
from the | ||||||
| 2 | regular
classroom instruction and are included on the teacher's | ||||||
| 3 | regular education class
register. Subject to the limitation of | ||||||
| 4 | the preceding sentence, placement in
special classes, separate | ||||||
| 5 | schools or other removal of the child with a disability
from | ||||||
| 6 | the regular educational environment shall occur only when the | ||||||
| 7 | nature of
the severity of the disability is such that education | ||||||
| 8 | in the
regular classes with
the use of supplementary aids and | ||||||
| 9 | services cannot be achieved satisfactorily.
The placement of | ||||||
| 10 | English learners with disabilities shall
be in non-restrictive | ||||||
| 11 | environments which provide for integration with
peers who do | ||||||
| 12 | not have disabilities in bilingual classrooms. Annually, each | ||||||
| 13 | January, school districts shall report data on students from | ||||||
| 14 | non-English
speaking backgrounds receiving special education | ||||||
| 15 | and related services in
public and private facilities as | ||||||
| 16 | prescribed in Section 2-3.30. If there
is a disagreement | ||||||
| 17 | between parties involved regarding the special education
| ||||||
| 18 | placement of any child, either in-state or out-of-state, the | ||||||
| 19 | placement is
subject to impartial due process procedures | ||||||
| 20 | described in Article 10 of the
Rules and Regulations to Govern | ||||||
| 21 | the Administration and Operation of Special
Education.
| ||||||
| 22 | (e) No child who comes from a home in which a language | ||||||
| 23 | other than English
is the principal language used may be | ||||||
| 24 | assigned to any class or program
under this Article until he | ||||||
| 25 | has been given, in the principal language
used by the child and | ||||||
| 26 | used in his home, tests reasonably related to his
cultural | ||||||
| |||||||
| |||||||
| 1 | environment. All testing and evaluation materials and | ||||||
| 2 | procedures
utilized for evaluation and placement shall not be | ||||||
| 3 | linguistically, racially or
culturally discriminatory.
| ||||||
| 4 | (f) Nothing in this Article shall be construed to require | ||||||
| 5 | any child to
undergo any physical examination or medical | ||||||
| 6 | treatment whose parents object thereto on the grounds that such | ||||||
| 7 | examination or
treatment conflicts with his religious beliefs.
| ||||||
| 8 | (g) School boards or their designee shall provide to the | ||||||
| 9 | parents of a child prior written notice of any decision (a) | ||||||
| 10 | proposing
to initiate or change, or (b) refusing to initiate or | ||||||
| 11 | change, the
identification, evaluation, or educational | ||||||
| 12 | placement of the child or the
provision of a free appropriate | ||||||
| 13 | public education to their child, and the
reasons therefor. Such | ||||||
| 14 | written notification shall also inform the
parent of the | ||||||
| 15 | opportunity to present complaints with respect
to any matter | ||||||
| 16 | relating to the educational placement of the student, or
the | ||||||
| 17 | provision of a free appropriate public education and to have an
| ||||||
| 18 | impartial due process hearing on the complaint. The notice | ||||||
| 19 | shall inform
the parents in the parents' native language,
| ||||||
| 20 | unless it is clearly not feasible to do so, of their rights and | ||||||
| 21 | all
procedures available pursuant to this Act and the federal | ||||||
| 22 | Individuals with Disabilities Education Improvement Act of | ||||||
| 23 | 2004 (Public Law 108-446); it
shall be the responsibility of | ||||||
| 24 | the State Superintendent to develop
uniform notices setting | ||||||
| 25 | forth the procedures available under this Act
and the federal | ||||||
| 26 | Individuals with Disabilities Education Improvement Act of | ||||||
| |||||||
| |||||||
| 1 | 2004 (Public Law 108-446) to be used by all school boards. The | ||||||
| 2 | notice
shall also inform the parents of the availability upon
| ||||||
| 3 | request of a list of free or low-cost legal and other relevant | ||||||
| 4 | services
available locally to assist parents in initiating an
| ||||||
| 5 | impartial due process hearing. Any parent who is deaf, or
does | ||||||
| 6 | not normally communicate using spoken English, who | ||||||
| 7 | participates in
a meeting with a representative of a local | ||||||
| 8 | educational agency for the
purposes of developing an | ||||||
| 9 | individualized educational program shall be
entitled to the | ||||||
| 10 | services of an interpreter.
| ||||||
| 11 | (g-5) For purposes of this subsection (g-5), "qualified | ||||||
| 12 | professional" means an individual who holds credentials to | ||||||
| 13 | evaluate the child in the domain or domains for which an | ||||||
| 14 | evaluation is sought or an intern working under the direct | ||||||
| 15 | supervision of a qualified professional, including a master's | ||||||
| 16 | or doctoral degree candidate. | ||||||
| 17 | To ensure that a parent can participate fully and | ||||||
| 18 | effectively with school personnel in the development of | ||||||
| 19 | appropriate educational and related services for his or her | ||||||
| 20 | child, the parent, an independent educational evaluator, or a | ||||||
| 21 | qualified professional retained by or on behalf of a parent or | ||||||
| 22 | child must be afforded reasonable access to educational | ||||||
| 23 | facilities, personnel, classrooms, and buildings and to the | ||||||
| 24 | child as provided in this subsection (g-5). The requirements of | ||||||
| 25 | this subsection (g-5) apply to any public school facility, | ||||||
| 26 | building, or program and to any facility, building, or program | ||||||
| |||||||
| |||||||
| 1 | supported in whole or in part by public funds. Prior to | ||||||
| 2 | visiting a school, school building, or school facility, the | ||||||
| 3 | parent, independent educational evaluator, or qualified | ||||||
| 4 | professional may be required by the school district to inform | ||||||
| 5 | the building principal or supervisor in writing of the proposed | ||||||
| 6 | visit, the purpose of the visit, and the approximate duration | ||||||
| 7 | of the visit. The visitor and the school district shall arrange | ||||||
| 8 | the visit or visits at times that are mutually agreeable. | ||||||
| 9 | Visitors shall comply with school safety, security, and | ||||||
| 10 | visitation policies at all times. School district visitation | ||||||
| 11 | policies must not conflict with this subsection (g-5). Visitors | ||||||
| 12 | shall be required to comply with the requirements of applicable | ||||||
| 13 | privacy laws, including those laws protecting the | ||||||
| 14 | confidentiality of education records such as the federal Family | ||||||
| 15 | Educational Rights and Privacy Act and the Illinois School | ||||||
| 16 | Student Records Act. The visitor shall not disrupt the | ||||||
| 17 | educational process. | ||||||
| 18 | (1) A parent must be afforded reasonable access of | ||||||
| 19 | sufficient duration and scope for the purpose of observing | ||||||
| 20 | his or her child in the child's current educational | ||||||
| 21 | placement, services, or program or for the purpose of | ||||||
| 22 | visiting an educational placement or program proposed for | ||||||
| 23 | the child. | ||||||
| 24 | (2) An independent educational evaluator or a | ||||||
| 25 | qualified professional retained by or on behalf of a parent | ||||||
| 26 | or child must be afforded reasonable access of sufficient | ||||||
| |||||||
| |||||||
| 1 | duration and scope for the purpose of conducting an | ||||||
| 2 | evaluation of the child, the child's performance, the | ||||||
| 3 | child's current educational program, placement, services, | ||||||
| 4 | or environment, or any educational program, placement, | ||||||
| 5 | services, or environment proposed for the child, including | ||||||
| 6 | interviews of educational personnel, child observations, | ||||||
| 7 | assessments, tests or assessments of the child's | ||||||
| 8 | educational program, services, or placement or of any | ||||||
| 9 | proposed educational program, services, or placement. If | ||||||
| 10 | one or more interviews of school personnel are part of the | ||||||
| 11 | evaluation, the interviews must be conducted at a mutually | ||||||
| 12 | agreed upon time, date, and place that do not interfere | ||||||
| 13 | with the school employee's school duties. The school | ||||||
| 14 | district may limit interviews to personnel having | ||||||
| 15 | information relevant to the child's current educational | ||||||
| 16 | services, program, or placement or to a proposed | ||||||
| 17 | educational service, program, or placement. | ||||||
| 18 | (h) (Blank).
| ||||||
| 19 | (i) (Blank).
| ||||||
| 20 | (j) (Blank).
| ||||||
| 21 | (k) (Blank).
| ||||||
| 22 | (l) (Blank).
| ||||||
| 23 | (m) (Blank).
| ||||||
| 24 | (n) (Blank).
| ||||||
| 25 | (o) (Blank).
| ||||||
| 26 | (Source: P.A. 98-219, eff. 8-9-13; 99-30, eff. 7-10-15; 99-143, | ||||||
| |||||||
| |||||||
| 1 | eff. 7-27-15; revised 10-21-15.)
| ||||||
| 2 | (105 ILCS 5/19-1)
| ||||||
| 3 | Sec. 19-1. Debt limitations of school districts.
| ||||||
| 4 | (a) School districts shall not be subject to the provisions | ||||||
| 5 | limiting their
indebtedness prescribed in the Local Government | ||||||
| 6 | Debt Limitation Act "An Act to limit the indebtedness of | ||||||
| 7 | counties having
a population of less than 500,000 and | ||||||
| 8 | townships, school districts and other
municipal corporations | ||||||
| 9 | having a population of less than 300,000", approved
February | ||||||
| 10 | 15, 1928, as amended.
| ||||||
| 11 | No school districts maintaining grades K through 8 or 9 | ||||||
| 12 | through 12
shall become indebted in any manner or for any | ||||||
| 13 | purpose to an amount,
including existing indebtedness, in the | ||||||
| 14 | aggregate exceeding 6.9% on the
value of the taxable property | ||||||
| 15 | therein to be ascertained by the last assessment
for State and | ||||||
| 16 | county taxes or, until January 1, 1983, if greater, the sum | ||||||
| 17 | that
is produced by multiplying the school district's 1978 | ||||||
| 18 | equalized assessed
valuation by the debt limitation percentage | ||||||
| 19 | in effect on January 1, 1979,
previous to the incurring of such | ||||||
| 20 | indebtedness.
| ||||||
| 21 | No school districts maintaining grades K through 12 shall | ||||||
| 22 | become
indebted in any manner or for any purpose to an amount, | ||||||
| 23 | including
existing indebtedness, in the aggregate exceeding | ||||||
| 24 | 13.8% on the value of
the taxable property therein to be | ||||||
| 25 | ascertained by the last assessment
for State and county taxes | ||||||
| |||||||
| |||||||
| 1 | or, until January 1, 1983, if greater, the sum that
is produced | ||||||
| 2 | by multiplying the school district's 1978 equalized assessed
| ||||||
| 3 | valuation by the debt limitation percentage in effect on | ||||||
| 4 | January 1, 1979,
previous to the incurring of such | ||||||
| 5 | indebtedness.
| ||||||
| 6 | No partial elementary unit district, as defined in Article | ||||||
| 7 | 11E of this Code, shall become indebted in any manner or for | ||||||
| 8 | any purpose in an amount, including existing indebtedness, in | ||||||
| 9 | the aggregate exceeding 6.9% of the value of the taxable | ||||||
| 10 | property of the entire district, to be ascertained by the last | ||||||
| 11 | assessment for State and county taxes, plus an amount, | ||||||
| 12 | including existing indebtedness, in the aggregate exceeding | ||||||
| 13 | 6.9% of the value of the taxable property of that portion of | ||||||
| 14 | the district included in the elementary and high school | ||||||
| 15 | classification, to be ascertained by the last assessment for | ||||||
| 16 | State and county taxes. Moreover, no partial elementary unit | ||||||
| 17 | district, as defined in Article 11E of this Code, shall become | ||||||
| 18 | indebted on account of bonds issued by the district for high | ||||||
| 19 | school purposes in the aggregate exceeding 6.9% of the value of | ||||||
| 20 | the taxable property of the entire district, to be ascertained | ||||||
| 21 | by the last assessment for State and county taxes, nor shall | ||||||
| 22 | the district become indebted on account of bonds issued by the | ||||||
| 23 | district for elementary purposes in the aggregate exceeding | ||||||
| 24 | 6.9% of the value of the taxable property for that portion of | ||||||
| 25 | the district included in the elementary and high school | ||||||
| 26 | classification, to be ascertained by the last assessment for | ||||||
| |||||||
| |||||||
| 1 | State and county taxes.
| ||||||
| 2 | Notwithstanding the provisions of any other law to the | ||||||
| 3 | contrary, in any
case in which the voters of a school district | ||||||
| 4 | have approved a proposition
for the issuance of bonds of such | ||||||
| 5 | school district at an election held prior
to January 1, 1979, | ||||||
| 6 | and all of the bonds approved at such election have
not been | ||||||
| 7 | issued, the debt limitation applicable to such school district
| ||||||
| 8 | during the calendar year 1979 shall be computed by multiplying | ||||||
| 9 | the value
of taxable property therein, including personal | ||||||
| 10 | property, as ascertained
by the last assessment for State and | ||||||
| 11 | county taxes, previous to the incurring
of such indebtedness, | ||||||
| 12 | by the percentage limitation applicable to such school
district | ||||||
| 13 | under the provisions of this subsection (a).
| ||||||
| 14 | (b) Notwithstanding the debt limitation prescribed in | ||||||
| 15 | subsection (a)
of this Section, additional indebtedness may be | ||||||
| 16 | incurred in an amount
not to exceed the estimated cost of | ||||||
| 17 | acquiring or improving school sites
or constructing and | ||||||
| 18 | equipping additional building facilities under the
following | ||||||
| 19 | conditions:
| ||||||
| 20 | (1) Whenever the enrollment of students for the next | ||||||
| 21 | school year is
estimated by the board of education to | ||||||
| 22 | increase over the actual present
enrollment by not less | ||||||
| 23 | than 35% or by not less than 200 students or the
actual | ||||||
| 24 | present enrollment of students has increased over the | ||||||
| 25 | previous
school year by not less than 35% or by not less | ||||||
| 26 | than 200 students and
the board of education determines | ||||||
| |||||||
| |||||||
| 1 | that additional school sites or
building facilities are | ||||||
| 2 | required as a result of such increase in
enrollment; and
| ||||||
| 3 | (2) When the Regional Superintendent of Schools having | ||||||
| 4 | jurisdiction
over the school district and the State | ||||||
| 5 | Superintendent of Education
concur in such enrollment | ||||||
| 6 | projection or increase and approve the need
for such | ||||||
| 7 | additional school sites or building facilities and the
| ||||||
| 8 | estimated cost thereof; and
| ||||||
| 9 | (3) When the voters in the school district approve a | ||||||
| 10 | proposition for
the issuance of bonds for the purpose of | ||||||
| 11 | acquiring or improving such
needed school sites or | ||||||
| 12 | constructing and equipping such needed additional
building | ||||||
| 13 | facilities at an election called and held for that purpose.
| ||||||
| 14 | Notice of such an election shall state that the amount of | ||||||
| 15 | indebtedness
proposed to be incurred would exceed the debt | ||||||
| 16 | limitation otherwise
applicable to the school district. | ||||||
| 17 | The ballot for such proposition
shall state what percentage | ||||||
| 18 | of the equalized assessed valuation will be
outstanding in | ||||||
| 19 | bonds if the proposed issuance of bonds is approved by
the | ||||||
| 20 | voters; or
| ||||||
| 21 | (4) Notwithstanding the provisions of paragraphs (1) | ||||||
| 22 | through (3) of
this subsection (b), if the school board | ||||||
| 23 | determines that additional
facilities are needed to | ||||||
| 24 | provide a quality educational program and not
less than 2/3 | ||||||
| 25 | of those voting in an election called by the school board
| ||||||
| 26 | on the question approve the issuance of bonds for the | ||||||
| |||||||
| |||||||
| 1 | construction of
such facilities, the school district may | ||||||
| 2 | issue bonds for this
purpose; or
| ||||||
| 3 | (5) Notwithstanding the provisions of paragraphs (1) | ||||||
| 4 | through (3) of this
subsection (b), if (i) the school | ||||||
| 5 | district has previously availed itself of the
provisions of | ||||||
| 6 | paragraph (4) of this subsection (b) to enable it to issue | ||||||
| 7 | bonds,
(ii) the voters of the school district have not | ||||||
| 8 | defeated a proposition for the
issuance of bonds since the | ||||||
| 9 | referendum described in paragraph (4) of this
subsection | ||||||
| 10 | (b) was held, (iii) the school board determines that | ||||||
| 11 | additional
facilities are needed to provide a quality | ||||||
| 12 | educational program, and (iv) a
majority of those voting in | ||||||
| 13 | an election called by the school board on the
question | ||||||
| 14 | approve the issuance of bonds for the construction of such | ||||||
| 15 | facilities,
the school district may issue bonds for this | ||||||
| 16 | purpose.
| ||||||
| 17 | In no event shall the indebtedness incurred pursuant to | ||||||
| 18 | this
subsection (b) and the existing indebtedness of the school | ||||||
| 19 | district
exceed 15% of the value of the taxable property | ||||||
| 20 | therein to be
ascertained by the last assessment for State and | ||||||
| 21 | county taxes, previous
to the incurring of such indebtedness | ||||||
| 22 | or, until January 1, 1983, if greater,
the sum that is produced | ||||||
| 23 | by multiplying the school district's 1978 equalized
assessed | ||||||
| 24 | valuation by the debt limitation percentage in effect on | ||||||
| 25 | January 1,
1979.
| ||||||
| 26 | The indebtedness provided for by this subsection (b) shall | ||||||
| |||||||
| |||||||
| 1 | be in
addition to and in excess of any other debt limitation.
| ||||||
| 2 | (c) Notwithstanding the debt limitation prescribed in | ||||||
| 3 | subsection (a)
of this Section, in any case in which a public | ||||||
| 4 | question for the issuance
of bonds of a proposed school | ||||||
| 5 | district maintaining grades kindergarten
through 12 received | ||||||
| 6 | at least 60% of the valid ballots cast on the question at
an | ||||||
| 7 | election held on or prior to November 8, 1994, and in which the | ||||||
| 8 | bonds
approved at such election have not been issued, the | ||||||
| 9 | school district pursuant to
the requirements of Section 11A-10 | ||||||
| 10 | (now repealed) may issue the total amount of bonds approved
at | ||||||
| 11 | such election for the purpose stated in the question.
| ||||||
| 12 | (d) Notwithstanding the debt limitation prescribed in | ||||||
| 13 | subsection (a)
of this Section, a school district that meets | ||||||
| 14 | all the criteria set forth in
paragraphs (1) and (2) of this | ||||||
| 15 | subsection (d) may incur an additional
indebtedness in an | ||||||
| 16 | amount not to exceed $4,500,000, even though the amount of
the | ||||||
| 17 | additional indebtedness authorized by this subsection (d), | ||||||
| 18 | when incurred
and added to the aggregate amount of indebtedness | ||||||
| 19 | of the district existing
immediately prior to the district | ||||||
| 20 | incurring the additional indebtedness
authorized by this | ||||||
| 21 | subsection (d), causes the aggregate indebtedness of the
| ||||||
| 22 | district to exceed the debt limitation otherwise applicable to | ||||||
| 23 | that district
under subsection (a):
| ||||||
| 24 | (1) The additional indebtedness authorized by this | ||||||
| 25 | subsection (d) is
incurred by the school district through | ||||||
| 26 | the issuance of bonds under and in
accordance with Section | ||||||
| |||||||
| |||||||
| 1 | 17-2.11a for the purpose of replacing a school
building | ||||||
| 2 | which, because of mine subsidence damage, has been closed | ||||||
| 3 | as provided
in paragraph (2) of this subsection (d) or | ||||||
| 4 | through the issuance of bonds under
and in accordance with | ||||||
| 5 | Section 19-3 for the purpose of increasing the size of,
or | ||||||
| 6 | providing for additional functions in, such replacement | ||||||
| 7 | school buildings, or
both such purposes.
| ||||||
| 8 | (2) The bonds issued by the school district as provided | ||||||
| 9 | in paragraph (1)
above are issued for the purposes of | ||||||
| 10 | construction by the school district of
a new school | ||||||
| 11 | building pursuant to Section 17-2.11, to replace an | ||||||
| 12 | existing
school building that, because of mine subsidence | ||||||
| 13 | damage, is closed as of the
end of the 1992-93 school year | ||||||
| 14 | pursuant to action of the regional
superintendent of | ||||||
| 15 | schools of the educational service region in which the
| ||||||
| 16 | district is located under Section 3-14.22 or are issued for | ||||||
| 17 | the purpose of
increasing the size of, or providing for | ||||||
| 18 | additional functions in, the new
school building being | ||||||
| 19 | constructed to replace a school building closed as the
| ||||||
| 20 | result of mine subsidence damage, or both such purposes.
| ||||||
| 21 | (e) (Blank).
| ||||||
| 22 | (f) Notwithstanding the provisions of subsection (a) of | ||||||
| 23 | this Section or of
any other law, bonds in not to exceed the | ||||||
| 24 | aggregate amount of $5,500,000 and
issued by a school district | ||||||
| 25 | meeting the following criteria shall not be
considered | ||||||
| 26 | indebtedness for purposes of any statutory limitation and may | ||||||
| |||||||
| |||||||
| 1 | be
issued in an amount or amounts, including existing | ||||||
| 2 | indebtedness, in excess of
any heretofore or hereafter imposed | ||||||
| 3 | statutory limitation as to indebtedness:
| ||||||
| 4 | (1) At the time of the sale of such bonds, the board of | ||||||
| 5 | education of the
district shall have determined by | ||||||
| 6 | resolution that the enrollment of students in
the district | ||||||
| 7 | is projected to increase by not less than 7% during each of | ||||||
| 8 | the
next succeeding 2 school years.
| ||||||
| 9 | (2) The board of education shall also determine by | ||||||
| 10 | resolution that the
improvements to be financed with the | ||||||
| 11 | proceeds of the bonds are needed because
of the projected | ||||||
| 12 | enrollment increases.
| ||||||
| 13 | (3) The board of education shall also determine by | ||||||
| 14 | resolution that the
projected increases in enrollment are | ||||||
| 15 | the result of improvements made or
expected to be made to | ||||||
| 16 | passenger rail facilities located in the school
district.
| ||||||
| 17 | Notwithstanding the provisions of subsection (a) of this | ||||||
| 18 | Section or of any other law, a school district that has availed | ||||||
| 19 | itself of the provisions of this subsection (f) prior to July | ||||||
| 20 | 22, 2004 (the effective date of Public Act 93-799) may also | ||||||
| 21 | issue bonds approved by referendum up to an amount, including | ||||||
| 22 | existing indebtedness, not exceeding 25% of the equalized | ||||||
| 23 | assessed value of the taxable property in the district if all | ||||||
| 24 | of the conditions set forth in items (1), (2), and (3) of this | ||||||
| 25 | subsection (f) are met.
| ||||||
| 26 | (g) Notwithstanding the provisions of subsection (a) of | ||||||
| |||||||
| |||||||
| 1 | this Section or any
other law, bonds in not to exceed an | ||||||
| 2 | aggregate amount of 25% of the equalized
assessed value of the | ||||||
| 3 | taxable property of a school district and issued by a
school | ||||||
| 4 | district meeting the criteria in paragraphs (i) through (iv) of | ||||||
| 5 | this
subsection shall not be considered indebtedness for | ||||||
| 6 | purposes of any statutory
limitation and may be issued pursuant | ||||||
| 7 | to resolution of the school board in an
amount or amounts, | ||||||
| 8 | including existing indebtedness, in
excess of any statutory | ||||||
| 9 | limitation of indebtedness heretofore or hereafter
imposed:
| ||||||
| 10 | (i) The bonds are issued for the purpose of | ||||||
| 11 | constructing a new high school
building to replace two | ||||||
| 12 | adjacent existing buildings which together house a
single | ||||||
| 13 | high school, each of which is more than 65 years old, and | ||||||
| 14 | which together
are located on more than 10 acres and less | ||||||
| 15 | than 11 acres of property.
| ||||||
| 16 | (ii) At the time the resolution authorizing the | ||||||
| 17 | issuance of the bonds is
adopted, the cost of constructing | ||||||
| 18 | a new school building to replace the existing
school | ||||||
| 19 | building is less than 60% of the cost of repairing the | ||||||
| 20 | existing school
building.
| ||||||
| 21 | (iii) The sale of the bonds occurs before July 1, 1997.
| ||||||
| 22 | (iv) The school district issuing the bonds is a unit | ||||||
| 23 | school district
located in a county of less than 70,000 and | ||||||
| 24 | more than 50,000 inhabitants,
which has an average daily | ||||||
| 25 | attendance of less than 1,500 and an equalized
assessed | ||||||
| 26 | valuation of less than $29,000,000.
| ||||||
| |||||||
| |||||||
| 1 | (h) Notwithstanding any other provisions of this Section or | ||||||
| 2 | the
provisions of any other law, until January 1, 1998, a | ||||||
| 3 | community unit school
district maintaining grades K through 12 | ||||||
| 4 | may issue bonds up to an amount,
including existing | ||||||
| 5 | indebtedness, not exceeding 27.6% of the equalized assessed
| ||||||
| 6 | value of the taxable property in the district, if all of the | ||||||
| 7 | following
conditions are met:
| ||||||
| 8 | (i) The school district has an equalized assessed | ||||||
| 9 | valuation for calendar
year 1995 of less than $24,000,000;
| ||||||
| 10 | (ii) The bonds are issued for the capital improvement, | ||||||
| 11 | renovation,
rehabilitation, or replacement of existing | ||||||
| 12 | school buildings of the district,
all of which buildings | ||||||
| 13 | were originally constructed not less than 40 years ago;
| ||||||
| 14 | (iii) The voters of the district approve a proposition | ||||||
| 15 | for the issuance of
the bonds at a referendum held after | ||||||
| 16 | March 19, 1996; and
| ||||||
| 17 | (iv) The bonds are issued pursuant to Sections 19-2 | ||||||
| 18 | through 19-7 of this
Code.
| ||||||
| 19 | (i) Notwithstanding any other provisions of this Section or | ||||||
| 20 | the provisions
of any other law, until January 1, 1998, a | ||||||
| 21 | community unit school district
maintaining grades K through 12 | ||||||
| 22 | may issue bonds up to an amount, including
existing | ||||||
| 23 | indebtedness, not exceeding 27% of the equalized assessed value | ||||||
| 24 | of the
taxable property in the district, if all of the | ||||||
| 25 | following conditions are met:
| ||||||
| 26 | (i) The school district has an equalized assessed | ||||||
| |||||||
| |||||||
| 1 | valuation for calendar
year 1995 of less than $44,600,000;
| ||||||
| 2 | (ii) The bonds are issued for the capital improvement, | ||||||
| 3 | renovation,
rehabilitation, or replacement
of existing | ||||||
| 4 | school buildings of the district, all of which
existing | ||||||
| 5 | buildings were originally constructed not less than 80 | ||||||
| 6 | years ago;
| ||||||
| 7 | (iii) The voters of the district approve a proposition | ||||||
| 8 | for the issuance of
the bonds at a referendum held after | ||||||
| 9 | December 31, 1996; and
| ||||||
| 10 | (iv) The bonds are issued pursuant to Sections 19-2 | ||||||
| 11 | through 19-7 of this
Code.
| ||||||
| 12 | (j) Notwithstanding any other provisions of this Section or | ||||||
| 13 | the
provisions of any other law, until January 1, 1999, a | ||||||
| 14 | community unit school
district maintaining grades K through 12 | ||||||
| 15 | may issue bonds up to an amount,
including existing | ||||||
| 16 | indebtedness, not exceeding 27% of the equalized assessed
value | ||||||
| 17 | of the taxable property in the district if all of the following
| ||||||
| 18 | conditions are met:
| ||||||
| 19 | (i) The school district has an equalized assessed | ||||||
| 20 | valuation for calendar
year 1995 of less than $140,000,000 | ||||||
| 21 | and a best 3 months
average daily
attendance for the | ||||||
| 22 | 1995-96 school year of at least 2,800;
| ||||||
| 23 | (ii) The bonds are issued to purchase a site and build | ||||||
| 24 | and equip a new
high school, and the school district's | ||||||
| 25 | existing high school was originally
constructed not less | ||||||
| 26 | than 35
years prior to the sale of the bonds;
| ||||||
| |||||||
| |||||||
| 1 | (iii) At the time of the sale of the bonds, the board | ||||||
| 2 | of education
determines
by resolution that a new high | ||||||
| 3 | school is needed because of projected enrollment
| ||||||
| 4 | increases;
| ||||||
| 5 | (iv) At least 60% of those voting in an election held
| ||||||
| 6 | after December 31, 1996 approve a proposition
for the | ||||||
| 7 | issuance of
the bonds; and
| ||||||
| 8 | (v) The bonds are issued pursuant to Sections 19-2 | ||||||
| 9 | through
19-7 of this Code.
| ||||||
| 10 | (k) Notwithstanding the debt limitation prescribed in | ||||||
| 11 | subsection (a) of
this Section, a school district that meets | ||||||
| 12 | all the criteria set forth in
paragraphs (1) through (4) of | ||||||
| 13 | this subsection (k) may issue bonds to incur an
additional | ||||||
| 14 | indebtedness in an amount not to exceed $4,000,000 even though | ||||||
| 15 | the
amount of the additional indebtedness authorized by this | ||||||
| 16 | subsection (k), when
incurred and added to the aggregate amount | ||||||
| 17 | of indebtedness of the school
district existing immediately | ||||||
| 18 | prior to the school district incurring such
additional | ||||||
| 19 | indebtedness, causes the aggregate indebtedness of the school
| ||||||
| 20 | district to exceed or increases the amount by which the | ||||||
| 21 | aggregate indebtedness
of the district already exceeds the debt | ||||||
| 22 | limitation otherwise applicable to
that school district under | ||||||
| 23 | subsection (a):
| ||||||
| 24 | (1) the school district is located in 2 counties, and a | ||||||
| 25 | referendum to
authorize the additional indebtedness was | ||||||
| 26 | approved by a majority of the voters
of the school district | ||||||
| |||||||
| |||||||
| 1 | voting on the proposition to authorize that
indebtedness;
| ||||||
| 2 | (2) the additional indebtedness is for the purpose of | ||||||
| 3 | financing a
multi-purpose room addition to the existing | ||||||
| 4 | high school;
| ||||||
| 5 | (3) the additional indebtedness, together with the | ||||||
| 6 | existing indebtedness
of the school district, shall not | ||||||
| 7 | exceed 17.4% of the value of the taxable
property in the | ||||||
| 8 | school district, to be ascertained by the last assessment | ||||||
| 9 | for
State and county taxes; and
| ||||||
| 10 | (4) the bonds evidencing the additional indebtedness | ||||||
| 11 | are issued, if at
all, within 120 days of August 14, 1998 | ||||||
| 12 | (the effective date of Public Act 90-757) this amendatory | ||||||
| 13 | Act of 1998.
| ||||||
| 14 | (l) Notwithstanding any other provisions of this Section or | ||||||
| 15 | the
provisions of any other law, until January 1, 2000, a | ||||||
| 16 | school district
maintaining grades kindergarten through 8 may | ||||||
| 17 | issue bonds up to an amount,
including existing indebtedness, | ||||||
| 18 | not exceeding 15% of the equalized assessed
value of the | ||||||
| 19 | taxable property in the district if all of the following
| ||||||
| 20 | conditions are met:
| ||||||
| 21 | (i) the district has an equalized assessed valuation | ||||||
| 22 | for calendar year
1996 of less than $10,000,000;
| ||||||
| 23 | (ii) the bonds are issued for capital improvement, | ||||||
| 24 | renovation,
rehabilitation, or replacement of one or more | ||||||
| 25 | school buildings of the district,
which buildings were | ||||||
| 26 | originally constructed not less than 70 years ago;
| ||||||
| |||||||
| |||||||
| 1 | (iii) the voters of the district approve a proposition | ||||||
| 2 | for the issuance of
the bonds at a referendum held on or | ||||||
| 3 | after March 17, 1998; and
| ||||||
| 4 | (iv) the bonds are issued pursuant to Sections 19-2 | ||||||
| 5 | through 19-7 of this
Code.
| ||||||
| 6 | (m) Notwithstanding any other provisions of this Section or | ||||||
| 7 | the provisions
of
any other law, until January 1, 1999, an | ||||||
| 8 | elementary school district maintaining
grades K through 8 may | ||||||
| 9 | issue bonds up to an amount, excluding existing
indebtedness, | ||||||
| 10 | not exceeding 18% of the equalized assessed value of the | ||||||
| 11 | taxable
property in the district, if all of the following | ||||||
| 12 | conditions are met:
| ||||||
| 13 | (i) The school district has an equalized assessed | ||||||
| 14 | valuation for calendar
year 1995 or less than $7,700,000;
| ||||||
| 15 | (ii) The school district operates 2 elementary | ||||||
| 16 | attendance centers that
until
1976 were operated as the | ||||||
| 17 | attendance centers of 2 separate and distinct school
| ||||||
| 18 | districts;
| ||||||
| 19 | (iii) The bonds are issued for the construction of a | ||||||
| 20 | new elementary school
building to replace an existing | ||||||
| 21 | multi-level elementary school building of the
school | ||||||
| 22 | district that is not accessible at all levels and parts of
| ||||||
| 23 | which were constructed more than 75 years ago;
| ||||||
| 24 | (iv) The voters of the school district approve a | ||||||
| 25 | proposition for the
issuance of the bonds at a referendum | ||||||
| 26 | held after July 1, 1998; and
| ||||||
| |||||||
| |||||||
| 1 | (v) The bonds are issued pursuant to Sections 19-2 | ||||||
| 2 | through 19-7 of this
Code.
| ||||||
| 3 | (n) Notwithstanding the debt limitation prescribed in | ||||||
| 4 | subsection (a) of
this Section or any other provisions of this | ||||||
| 5 | Section or of any other law, a
school district that meets all | ||||||
| 6 | of the criteria set forth in paragraphs (i)
through (vi) of | ||||||
| 7 | this subsection (n) may incur additional indebtedness by the
| ||||||
| 8 | issuance of bonds in an amount not exceeding the amount | ||||||
| 9 | certified by the
Capital Development Board to the school | ||||||
| 10 | district as provided in paragraph (iii)
of
this subsection (n), | ||||||
| 11 | even though the amount of the additional indebtedness so
| ||||||
| 12 | authorized, when incurred and added to the aggregate amount of | ||||||
| 13 | indebtedness of
the district existing immediately prior to the | ||||||
| 14 | district incurring the
additional indebtedness authorized by | ||||||
| 15 | this subsection (n), causes the aggregate
indebtedness of the | ||||||
| 16 | district to exceed the debt limitation otherwise applicable
by | ||||||
| 17 | law to that district:
| ||||||
| 18 | (i) The school district applies to the State Board of | ||||||
| 19 | Education for a
school construction project grant and | ||||||
| 20 | submits a district facilities plan in
support
of its | ||||||
| 21 | application pursuant to Section 5-20 of
the School | ||||||
| 22 | Construction Law.
| ||||||
| 23 | (ii) The school district's application and facilities | ||||||
| 24 | plan are approved
by,
and the district receives a grant | ||||||
| 25 | entitlement for a school construction project
issued by, | ||||||
| 26 | the State Board of Education under the School Construction | ||||||
| |||||||
| |||||||
| 1 | Law.
| ||||||
| 2 | (iii) The school district has exhausted its bonding | ||||||
| 3 | capacity or the unused
bonding capacity of the district is | ||||||
| 4 | less than the amount certified by the
Capital Development | ||||||
| 5 | Board to the district under Section 5-15 of the School
| ||||||
| 6 | Construction Law as the dollar amount of the school | ||||||
| 7 | construction project's cost
that the district will be | ||||||
| 8 | required to finance with non-grant funds in order to
| ||||||
| 9 | receive a school construction project grant under the | ||||||
| 10 | School Construction Law.
| ||||||
| 11 | (iv) The bonds are issued for a "school construction | ||||||
| 12 | project", as that
term is defined in Section 5-5 of the | ||||||
| 13 | School Construction Law, in an amount
that does not exceed | ||||||
| 14 | the dollar amount certified, as provided in paragraph
(iii) | ||||||
| 15 | of this subsection (n), by the Capital Development Board
to | ||||||
| 16 | the school
district under Section 5-15 of the School | ||||||
| 17 | Construction Law.
| ||||||
| 18 | (v) The voters of the district approve a proposition | ||||||
| 19 | for the issuance of
the bonds at a referendum held after | ||||||
| 20 | the criteria specified in paragraphs (i)
and (iii) of this | ||||||
| 21 | subsection (n) are met.
| ||||||
| 22 | (vi) The bonds are issued pursuant to Sections 19-2 | ||||||
| 23 | through 19-7 of the
School Code.
| ||||||
| 24 | (o) Notwithstanding any other provisions of this Section or | ||||||
| 25 | the
provisions of any other law, until November 1, 2007, a | ||||||
| 26 | community unit
school district maintaining grades K through 12 | ||||||
| |||||||
| |||||||
| 1 | may issue bonds up to
an amount, including existing | ||||||
| 2 | indebtedness, not exceeding 20% of the
equalized assessed value | ||||||
| 3 | of the taxable property in the district if all of the
following | ||||||
| 4 | conditions are met:
| ||||||
| 5 | (i) the school district has an equalized assessed | ||||||
| 6 | valuation
for calendar year 2001 of at least $737,000,000 | ||||||
| 7 | and an enrollment
for the 2002-2003 school year of at least | ||||||
| 8 | 8,500;
| ||||||
| 9 | (ii) the bonds are issued to purchase school sites, | ||||||
| 10 | build and
equip a new high school, build and equip a new | ||||||
| 11 | junior high school,
build and equip 5 new elementary | ||||||
| 12 | schools, and make technology
and other improvements and | ||||||
| 13 | additions to existing schools;
| ||||||
| 14 | (iii) at the time of the sale of the bonds, the board | ||||||
| 15 | of
education determines by resolution that the sites and | ||||||
| 16 | new or
improved facilities are needed because of projected | ||||||
| 17 | enrollment
increases;
| ||||||
| 18 | (iv) at least 57% of those voting in a general election | ||||||
| 19 | held
prior to January 1, 2003 approved a proposition for | ||||||
| 20 | the issuance of
the bonds; and
| ||||||
| 21 | (v) the bonds are issued pursuant to Sections 19-2 | ||||||
| 22 | through
19-7 of this Code.
| ||||||
| 23 | (p) Notwithstanding any other provisions of this Section or | ||||||
| 24 | the provisions of any other law, a community unit school | ||||||
| 25 | district maintaining grades K through 12 may issue bonds up to | ||||||
| 26 | an amount, including indebtedness, not exceeding 27% of the | ||||||
| |||||||
| |||||||
| 1 | equalized assessed value of the taxable property in the | ||||||
| 2 | district if all of the following conditions are met: | ||||||
| 3 | (i) The school district has an equalized assessed | ||||||
| 4 | valuation for calendar year 2001 of at least $295,741,187 | ||||||
| 5 | and a best 3 months' average daily attendance for the | ||||||
| 6 | 2002-2003 school year of at least 2,394. | ||||||
| 7 | (ii) The bonds are issued to build and equip 3 | ||||||
| 8 | elementary school buildings; build and equip one middle | ||||||
| 9 | school building; and alter, repair, improve, and equip all | ||||||
| 10 | existing school buildings in the district. | ||||||
| 11 | (iii) At the time of the sale of the bonds, the board | ||||||
| 12 | of education determines by resolution that the project is | ||||||
| 13 | needed because of expanding growth in the school district | ||||||
| 14 | and a projected enrollment increase. | ||||||
| 15 | (iv) The bonds are issued pursuant to Sections 19-2 | ||||||
| 16 | through 19-7 of this Code.
| ||||||
| 17 | (p-5) Notwithstanding any other provisions of this Section | ||||||
| 18 | or the provisions of any other law, bonds issued by a community | ||||||
| 19 | unit school district maintaining grades K through 12 shall not | ||||||
| 20 | be considered indebtedness for purposes of any statutory | ||||||
| 21 | limitation and may be issued in an amount or amounts, including | ||||||
| 22 | existing indebtedness, in excess of any heretofore or hereafter | ||||||
| 23 | imposed statutory limitation as to indebtedness, if all of the | ||||||
| 24 | following conditions are met: | ||||||
| 25 | (i) For each of the 4 most recent years, residential | ||||||
| 26 | property comprises more than 80% of the equalized assessed | ||||||
| |||||||
| |||||||
| 1 | valuation of the district. | ||||||
| 2 | (ii) At least 2 school buildings that were constructed | ||||||
| 3 | 40 or more years prior to the issuance of the bonds will be | ||||||
| 4 | demolished and will be replaced by new buildings or | ||||||
| 5 | additions to one or more existing buildings. | ||||||
| 6 | (iii) Voters of the district approve a proposition for | ||||||
| 7 | the issuance of the bonds at a regularly scheduled | ||||||
| 8 | election. | ||||||
| 9 | (iv) At the time of the sale of the bonds, the school | ||||||
| 10 | board determines by resolution that the new buildings or | ||||||
| 11 | building additions are needed because of an increase in | ||||||
| 12 | enrollment projected by the school board. | ||||||
| 13 | (v) The principal amount of the bonds, including | ||||||
| 14 | existing indebtedness, does not exceed 25% of the equalized | ||||||
| 15 | assessed value of the taxable property in the district. | ||||||
| 16 | (vi) The bonds are issued prior to January 1, 2007, | ||||||
| 17 | pursuant to Sections 19-2 through 19-7 of this Code.
| ||||||
| 18 | (p-10) Notwithstanding any other provisions of this | ||||||
| 19 | Section or the provisions of any other law, bonds issued by a | ||||||
| 20 | community consolidated school district maintaining grades K | ||||||
| 21 | through 8 shall not be considered indebtedness for purposes of | ||||||
| 22 | any statutory limitation and may be issued in an amount or | ||||||
| 23 | amounts, including existing indebtedness, in excess of any | ||||||
| 24 | heretofore or hereafter imposed statutory limitation as to | ||||||
| 25 | indebtedness, if all of the following conditions are met: | ||||||
| 26 | (i) For each of the 4 most recent years, residential | ||||||
| |||||||
| |||||||
| 1 | and farm property comprises more than 80% of the equalized | ||||||
| 2 | assessed valuation of the district. | ||||||
| 3 | (ii) The bond proceeds are to be used to acquire and | ||||||
| 4 | improve school sites and build and equip a school building. | ||||||
| 5 | (iii) Voters of the district approve a proposition for | ||||||
| 6 | the issuance of the bonds at a regularly scheduled | ||||||
| 7 | election. | ||||||
| 8 | (iv) At the time of the sale of the bonds, the school | ||||||
| 9 | board determines by resolution that the school sites and | ||||||
| 10 | building additions are needed because of an increase in | ||||||
| 11 | enrollment projected by the school board. | ||||||
| 12 | (v) The principal amount of the bonds, including | ||||||
| 13 | existing indebtedness, does not exceed 20% of the equalized | ||||||
| 14 | assessed value of the taxable property in the district. | ||||||
| 15 | (vi) The bonds are issued prior to January 1, 2007, | ||||||
| 16 | pursuant to Sections 19-2 through 19-7 of this Code.
| ||||||
| 17 | (p-15) In addition to all other authority to issue bonds, | ||||||
| 18 | the Oswego Community Unit School District Number 308 may issue | ||||||
| 19 | bonds with an aggregate principal amount not to exceed | ||||||
| 20 | $450,000,000, but only if all of the following conditions are | ||||||
| 21 | met: | ||||||
| 22 | (i) The voters of the district have approved a | ||||||
| 23 | proposition for the bond issue at the general election held | ||||||
| 24 | on November 7, 2006. | ||||||
| 25 | (ii) At the time of the sale of the bonds, the school | ||||||
| 26 | board determines, by resolution, that: (A) the building and | ||||||
| |||||||
| |||||||
| 1 | equipping of the new high school building, new junior high | ||||||
| 2 | school buildings, new elementary school buildings, early | ||||||
| 3 | childhood building, maintenance building, transportation | ||||||
| 4 | facility, and additions to existing school buildings, the | ||||||
| 5 | altering, repairing, equipping, and provision of | ||||||
| 6 | technology improvements to existing school buildings, and | ||||||
| 7 | the acquisition and improvement of school sites, as the | ||||||
| 8 | case may be, are required as a result of a projected | ||||||
| 9 | increase in the enrollment of students in the district; and | ||||||
| 10 | (B) the sale of bonds for these purposes is authorized by | ||||||
| 11 | legislation that exempts the debt incurred on the bonds | ||||||
| 12 | from the district's statutory debt limitation.
| ||||||
| 13 | (iii) The bonds are issued, in one or more bond issues, | ||||||
| 14 | on or before November 7, 2011, but the aggregate principal | ||||||
| 15 | amount issued in all such bond issues combined must not | ||||||
| 16 | exceed $450,000,000.
| ||||||
| 17 | (iv) The bonds are issued in accordance with this | ||||||
| 18 | Article 19. | ||||||
| 19 | (v) The proceeds of the bonds are used only to | ||||||
| 20 | accomplish those projects approved by the voters at the | ||||||
| 21 | general election held on November 7, 2006. | ||||||
| 22 | The debt incurred on any bonds issued under this subsection | ||||||
| 23 | (p-15) shall not be considered indebtedness for purposes of any | ||||||
| 24 | statutory debt limitation.
| ||||||
| 25 | (p-20) In addition to all other authority to issue bonds, | ||||||
| 26 | the Lincoln-Way Community High School District Number 210 may | ||||||
| |||||||
| |||||||
| 1 | issue bonds with an aggregate principal amount not to exceed | ||||||
| 2 | $225,000,000, but only if all of the following conditions are | ||||||
| 3 | met: | ||||||
| 4 | (i) The voters of the district have approved a | ||||||
| 5 | proposition for the bond issue at the general primary | ||||||
| 6 | election held on March 21, 2006. | ||||||
| 7 | (ii) At the time of the sale of the bonds, the school | ||||||
| 8 | board determines, by resolution, that: (A) the building and | ||||||
| 9 | equipping of the new high school buildings, the altering, | ||||||
| 10 | repairing, and equipping of existing school buildings, and | ||||||
| 11 | the improvement of school sites, as the case may be, are | ||||||
| 12 | required as a result of a projected increase in the | ||||||
| 13 | enrollment of students in the district; and (B) the sale of | ||||||
| 14 | bonds for these purposes is authorized by legislation that | ||||||
| 15 | exempts the debt incurred on the bonds from the district's | ||||||
| 16 | statutory debt limitation.
| ||||||
| 17 | (iii) The bonds are issued, in one or more bond issues, | ||||||
| 18 | on or before March 21, 2011, but the aggregate principal | ||||||
| 19 | amount issued in all such bond issues combined must not | ||||||
| 20 | exceed $225,000,000.
| ||||||
| 21 | (iv) The bonds are issued in accordance with this | ||||||
| 22 | Article 19. | ||||||
| 23 | (v) The proceeds of the bonds are used only to | ||||||
| 24 | accomplish those projects approved by the voters at the | ||||||
| 25 | primary election held on March 21, 2006. | ||||||
| 26 | The debt incurred on any bonds issued under this subsection | ||||||
| |||||||
| |||||||
| 1 | (p-20) shall not be considered indebtedness for purposes of any | ||||||
| 2 | statutory debt limitation.
| ||||||
| 3 | (p-25) In addition to all other authority to issue bonds, | ||||||
| 4 | Rochester Community Unit School District 3A may issue bonds | ||||||
| 5 | with an aggregate principal amount not to exceed $18,500,000, | ||||||
| 6 | but only if all of the following conditions are met: | ||||||
| 7 | (i) The voters of the district approve a proposition | ||||||
| 8 | for the bond issuance at the general primary election held | ||||||
| 9 | in 2008.
| ||||||
| 10 | (ii) At the time of the sale of the bonds, the school | ||||||
| 11 | board determines, by resolution, that: (A) the building and | ||||||
| 12 | equipping of a new high school building; the addition of | ||||||
| 13 | classrooms and support facilities at the high school, | ||||||
| 14 | middle school, and elementary school; the altering, | ||||||
| 15 | repairing, and equipping of existing school buildings; and | ||||||
| 16 | the improvement of school sites, as the case may be, are | ||||||
| 17 | required as a result of a projected increase in the | ||||||
| 18 | enrollment of students in the district; and (B) the sale of | ||||||
| 19 | bonds for these purposes is authorized by a law that | ||||||
| 20 | exempts the debt incurred on the bonds from the district's | ||||||
| 21 | statutory debt limitation. | ||||||
| 22 | (iii) The bonds are issued, in one or more bond issues, | ||||||
| 23 | on or before December 31, 2012, but the aggregate principal | ||||||
| 24 | amount issued in all such bond issues combined must not | ||||||
| 25 | exceed $18,500,000. | ||||||
| 26 | (iv) The bonds are issued in accordance with this | ||||||
| |||||||
| |||||||
| 1 | Article 19. | ||||||
| 2 | (v) The proceeds of the bonds are used to accomplish | ||||||
| 3 | only those projects approved by the voters at the primary | ||||||
| 4 | election held in 2008.
| ||||||
| 5 | The debt incurred on any bonds issued under this subsection | ||||||
| 6 | (p-25) shall not be considered indebtedness for purposes of any | ||||||
| 7 | statutory debt limitation.
| ||||||
| 8 | (p-30) In addition to all other authority to issue bonds, | ||||||
| 9 | Prairie Grove Consolidated School District 46 may issue bonds | ||||||
| 10 | with an aggregate principal amount not to exceed $30,000,000, | ||||||
| 11 | but only if all of the following conditions are met:
| ||||||
| 12 | (i) The voters of the district approve a proposition | ||||||
| 13 | for the bond issuance at an election held in 2008.
| ||||||
| 14 | (ii) At the time of the sale of the bonds, the school | ||||||
| 15 | board determines, by resolution, that (A) the building and | ||||||
| 16 | equipping of a new school building and additions to | ||||||
| 17 | existing school buildings are required as a result of a | ||||||
| 18 | projected increase in the enrollment of students in the | ||||||
| 19 | district and (B) the altering, repairing, and equipping of | ||||||
| 20 | existing school buildings are required because of the age | ||||||
| 21 | of the existing school buildings.
| ||||||
| 22 | (iii) The bonds are issued, in one or more bond | ||||||
| 23 | issuances, on or before December 31, 2012; however, the | ||||||
| 24 | aggregate principal amount issued in all such bond | ||||||
| 25 | issuances combined must not exceed $30,000,000.
| ||||||
| 26 | (iv) The bonds are issued in accordance with this | ||||||
| |||||||
| |||||||
| 1 | Article.
| ||||||
| 2 | (v) The proceeds of the bonds are used to accomplish | ||||||
| 3 | only those projects approved by the voters at an election | ||||||
| 4 | held in 2008.
| ||||||
| 5 | The debt incurred on any bonds issued under this subsection | ||||||
| 6 | (p-30) shall not be considered indebtedness for purposes of any | ||||||
| 7 | statutory debt limitation.
| ||||||
| 8 | (p-35) In addition to all other authority to issue bonds, | ||||||
| 9 | Prairie Hill Community Consolidated School District 133 may | ||||||
| 10 | issue bonds with an aggregate principal amount not to exceed | ||||||
| 11 | $13,900,000, but only if all of the following conditions are | ||||||
| 12 | met:
| ||||||
| 13 | (i) The voters of the district approved a proposition | ||||||
| 14 | for the bond issuance at an election held on April 17, | ||||||
| 15 | 2007.
| ||||||
| 16 | (ii) At the time of the sale of the bonds, the school | ||||||
| 17 | board determines, by resolution, that (A) the improvement | ||||||
| 18 | of the site of and the building and equipping of a school | ||||||
| 19 | building are required as a result of a projected increase | ||||||
| 20 | in the enrollment of students in the district and (B) the | ||||||
| 21 | repairing and equipping of the Prairie Hill Elementary | ||||||
| 22 | School building is required because of the age of that | ||||||
| 23 | school building.
| ||||||
| 24 | (iii) The bonds are issued, in one or more bond | ||||||
| 25 | issuances, on or before December 31, 2011, but the | ||||||
| 26 | aggregate principal amount issued in all such bond | ||||||
| |||||||
| |||||||
| 1 | issuances combined must not exceed $13,900,000.
| ||||||
| 2 | (iv) The bonds are issued in accordance with this | ||||||
| 3 | Article.
| ||||||
| 4 | (v) The proceeds of the bonds are used to accomplish | ||||||
| 5 | only those projects approved by the voters at an election | ||||||
| 6 | held on April 17, 2007.
| ||||||
| 7 | The debt incurred on any bonds issued under this subsection | ||||||
| 8 | (p-35) shall not be considered indebtedness for purposes of any | ||||||
| 9 | statutory debt limitation.
| ||||||
| 10 | (p-40) In addition to all other authority to issue bonds, | ||||||
| 11 | Mascoutah Community Unit District 19 may issue bonds with an | ||||||
| 12 | aggregate principal amount not to exceed $55,000,000, but only | ||||||
| 13 | if all of the following conditions are met: | ||||||
| 14 | (1) The voters of the district approve a proposition | ||||||
| 15 | for the bond issuance at a regular election held on or | ||||||
| 16 | after November 4, 2008. | ||||||
| 17 | (2) At the time of the sale of the bonds, the school | ||||||
| 18 | board determines, by resolution, that (i) the building and | ||||||
| 19 | equipping of a new high school building is required as a | ||||||
| 20 | result of a projected increase in the enrollment of | ||||||
| 21 | students in the district and the age and condition of the | ||||||
| 22 | existing high school building, (ii) the existing high | ||||||
| 23 | school building will be demolished, and (iii) the sale of | ||||||
| 24 | bonds is authorized by statute that exempts the debt | ||||||
| 25 | incurred on the bonds from the district's statutory debt | ||||||
| 26 | limitation. | ||||||
| |||||||
| |||||||
| 1 | (3) The bonds are issued, in one or more bond | ||||||
| 2 | issuances, on or before December 31, 2011, but the | ||||||
| 3 | aggregate principal amount issued in all such bond | ||||||
| 4 | issuances combined must not exceed $55,000,000. | ||||||
| 5 | (4) The bonds are issued in accordance with this | ||||||
| 6 | Article. | ||||||
| 7 | (5) The proceeds of the bonds are used to accomplish | ||||||
| 8 | only those projects approved by the voters at a regular | ||||||
| 9 | election held on or after November 4, 2008. | ||||||
| 10 | The debt incurred on any bonds issued under this subsection | ||||||
| 11 | (p-40) shall not be considered indebtedness for purposes of any | ||||||
| 12 | statutory debt limitation. | ||||||
| 13 | (p-45) Notwithstanding the provisions of subsection (a) of | ||||||
| 14 | this Section or of any other law, bonds issued pursuant to | ||||||
| 15 | Section 19-3.5 of this Code shall not be considered | ||||||
| 16 | indebtedness for purposes of any statutory limitation if the | ||||||
| 17 | bonds are issued in an amount or amounts, including existing | ||||||
| 18 | indebtedness of the school district, not in excess of 18.5% of | ||||||
| 19 | the value of the taxable property in the district to be | ||||||
| 20 | ascertained by the last assessment for State and county taxes. | ||||||
| 21 | (p-50) Notwithstanding the provisions of subsection (a) of
| ||||||
| 22 | this Section or of any other law, bonds issued pursuant to
| ||||||
| 23 | Section 19-3.10 of this Code shall not be considered
| ||||||
| 24 | indebtedness for purposes of any statutory limitation if the
| ||||||
| 25 | bonds are issued in an amount or amounts, including existing
| ||||||
| 26 | indebtedness of the school district, not in excess of 43% of
| ||||||
| |||||||
| |||||||
| 1 | the value of the taxable property in the district to be
| ||||||
| 2 | ascertained by the last assessment for State and county taxes. | ||||||
| 3 | (p-55) In addition to all other authority to issue bonds, | ||||||
| 4 | Belle Valley School District 119 may issue bonds with an | ||||||
| 5 | aggregate principal amount not to exceed $47,500,000, but only | ||||||
| 6 | if all of the following conditions are met: | ||||||
| 7 | (1) The voters of the district approve a proposition | ||||||
| 8 | for the bond issuance at an election held on or after April | ||||||
| 9 | 7, 2009. | ||||||
| 10 | (2) Prior to the issuance of the bonds, the school | ||||||
| 11 | board determines, by resolution, that (i) the building and | ||||||
| 12 | equipping of a new school building is required as a result | ||||||
| 13 | of mine subsidence in an existing school building and | ||||||
| 14 | because of the age and condition of another existing school | ||||||
| 15 | building and (ii) the issuance of bonds is authorized by | ||||||
| 16 | statute that exempts the debt incurred on the bonds from | ||||||
| 17 | the district's statutory debt limitation. | ||||||
| 18 | (3) The bonds are issued, in one or more bond | ||||||
| 19 | issuances, on or before March 31, 2014, but the aggregate | ||||||
| 20 | principal amount issued in all such bond issuances combined | ||||||
| 21 | must not exceed $47,500,000. | ||||||
| 22 | (4) The bonds are issued in accordance with this | ||||||
| 23 | Article. | ||||||
| 24 | (5) The proceeds of the bonds are used to accomplish | ||||||
| 25 | only those projects approved by the voters at an election | ||||||
| 26 | held on or after April 7, 2009. | ||||||
| |||||||
| |||||||
| 1 | The debt incurred on any bonds issued under this subsection | ||||||
| 2 | (p-55) shall not be considered indebtedness for purposes of any | ||||||
| 3 | statutory debt limitation. Bonds issued under this subsection | ||||||
| 4 | (p-55) must mature within not to exceed 30 years from their | ||||||
| 5 | date, notwithstanding any other law to the contrary. | ||||||
| 6 | (p-60) In addition to all other authority to issue bonds, | ||||||
| 7 | Wilmington Community Unit School District Number 209-U may | ||||||
| 8 | issue bonds with an aggregate principal amount not to exceed | ||||||
| 9 | $2,285,000, but only if all of the following conditions are | ||||||
| 10 | met: | ||||||
| 11 | (1) The proceeds of the bonds are used to accomplish | ||||||
| 12 | only those projects approved by the voters at the general | ||||||
| 13 | primary election held on March 21, 2006. | ||||||
| 14 | (2) Prior to the issuance of the bonds, the school | ||||||
| 15 | board determines, by resolution, that (i) the projects | ||||||
| 16 | approved by the voters were and are required because of the | ||||||
| 17 | age and condition of the school district's prior and | ||||||
| 18 | existing school buildings and (ii) the issuance of the | ||||||
| 19 | bonds is authorized by legislation that exempts the debt | ||||||
| 20 | incurred on the bonds from the district's statutory debt | ||||||
| 21 | limitation. | ||||||
| 22 | (3) The bonds are issued in one or more bond issuances | ||||||
| 23 | on or before March 1, 2011, but the aggregate principal | ||||||
| 24 | amount issued in all those bond issuances combined must not | ||||||
| 25 | exceed $2,285,000. | ||||||
| 26 | (4) The bonds are issued in accordance with this | ||||||
| |||||||
| |||||||
| 1 | Article. | ||||||
| 2 | The debt incurred on any bonds issued under this subsection | ||||||
| 3 | (p-60) shall not be considered indebtedness for purposes of any | ||||||
| 4 | statutory debt limitation. | ||||||
| 5 | (p-65) In addition to all other authority to issue bonds, | ||||||
| 6 | West Washington County Community Unit School District 10 may | ||||||
| 7 | issue bonds with an aggregate principal amount not to exceed | ||||||
| 8 | $32,200,000 and maturing over a period not exceeding 25 years, | ||||||
| 9 | but only if all of the following conditions are met: | ||||||
| 10 | (1) The voters of the district approve a proposition | ||||||
| 11 | for the bond issuance at an election held on or after | ||||||
| 12 | February 2, 2010. | ||||||
| 13 | (2) Prior to the issuance of the bonds, the school | ||||||
| 14 | board determines, by resolution, that (A) all or a portion | ||||||
| 15 | of the existing Okawville Junior/Senior High School | ||||||
| 16 | Building will be demolished; (B) the building and equipping | ||||||
| 17 | of a new school building to be attached to and the | ||||||
| 18 | alteration, repair, and equipping of the remaining portion | ||||||
| 19 | of the Okawville Junior/Senior High School Building is | ||||||
| 20 | required because of the age and current condition of that | ||||||
| 21 | school building; and (C) the issuance of bonds is | ||||||
| 22 | authorized by a statute that exempts the debt incurred on | ||||||
| 23 | the bonds from the district's statutory debt limitation. | ||||||
| 24 | (3) The bonds are issued, in one or more bond | ||||||
| 25 | issuances, on or before March 31, 2014, but the aggregate | ||||||
| 26 | principal amount issued in all such bond issuances combined | ||||||
| |||||||
| |||||||
| 1 | must not exceed $32,200,000. | ||||||
| 2 | (4) The bonds are issued in accordance with this | ||||||
| 3 | Article. | ||||||
| 4 | (5) The proceeds of the bonds are used to accomplish | ||||||
| 5 | only those projects approved by the voters at an election | ||||||
| 6 | held on or after February 2, 2010. | ||||||
| 7 | The debt incurred on any bonds issued under this subsection | ||||||
| 8 | (p-65) shall not be considered indebtedness for purposes of any | ||||||
| 9 | statutory debt limitation. | ||||||
| 10 | (p-70) In addition to all other authority to issue bonds, | ||||||
| 11 | Cahokia Community Unit School District 187 may issue bonds with | ||||||
| 12 | an aggregate principal amount not to exceed $50,000,000, but | ||||||
| 13 | only if all the following conditions are met: | ||||||
| 14 | (1) The voters of the district approve a proposition | ||||||
| 15 | for the bond issuance at an election held on or after | ||||||
| 16 | November 2, 2010. | ||||||
| 17 | (2) Prior to the issuance of the bonds, the school | ||||||
| 18 | board determines, by resolution, that (i) the building and | ||||||
| 19 | equipping of a new school building is required as a result | ||||||
| 20 | of the age and condition of an existing school building and | ||||||
| 21 | (ii) the issuance of bonds is authorized by a statute that | ||||||
| 22 | exempts the debt incurred on the bonds from the district's | ||||||
| 23 | statutory debt limitation. | ||||||
| 24 | (3) The bonds are issued, in one or more issuances, on | ||||||
| 25 | or before July 1, 2016, but the aggregate principal amount | ||||||
| 26 | issued in all such bond issuances combined must not exceed | ||||||
| |||||||
| |||||||
| 1 | $50,000,000. | ||||||
| 2 | (4) The bonds are issued in accordance with this | ||||||
| 3 | Article. | ||||||
| 4 | (5) The proceeds of the bonds are used to accomplish | ||||||
| 5 | only those projects approved by the voters at an election | ||||||
| 6 | held on or after November 2, 2010. | ||||||
| 7 | The debt incurred on any bonds issued under this subsection | ||||||
| 8 | (p-70) shall not be considered indebtedness for purposes of any | ||||||
| 9 | statutory debt limitation. Bonds issued under this subsection | ||||||
| 10 | (p-70) must mature within not to exceed 25 years from their | ||||||
| 11 | date, notwithstanding any other law, including Section 19-3 of | ||||||
| 12 | this Code, to the contrary. | ||||||
| 13 | (p-75) Notwithstanding the debt limitation prescribed in | ||||||
| 14 | subsection (a) of this Section
or any other provisions of this | ||||||
| 15 | Section or of any other law, the execution of leases on or
| ||||||
| 16 | after January 1, 2007 and before July 1, 2011 by the Board of | ||||||
| 17 | Education of Peoria School District 150 with a public building | ||||||
| 18 | commission for leases entered into pursuant to the Public
| ||||||
| 19 | Building Commission Act shall not be considered indebtedness | ||||||
| 20 | for purposes of any
statutory debt limitation. | ||||||
| 21 | This subsection (p-75) applies only if the State Board of | ||||||
| 22 | Education or the Capital Development Board makes one or more | ||||||
| 23 | grants to Peoria School District 150 pursuant to the School | ||||||
| 24 | Construction Law. The amount exempted from the debt limitation | ||||||
| 25 | as prescribed in this subsection (p-75) shall be no greater | ||||||
| 26 | than the amount of one or more grants awarded to Peoria School | ||||||
| |||||||
| |||||||
| 1 | District 150 by the State Board of Education or the Capital | ||||||
| 2 | Development Board. | ||||||
| 3 | (p-80) In addition to all other authority to issue bonds, | ||||||
| 4 | Ridgeland School District 122 may issue bonds with an aggregate | ||||||
| 5 | principal amount not to exceed $50,000,000 for the purpose of | ||||||
| 6 | refunding or continuing to refund bonds originally issued | ||||||
| 7 | pursuant to voter approval at the general election held on | ||||||
| 8 | November 7, 2000, and the debt incurred on any bonds issued | ||||||
| 9 | under this subsection (p-80) shall not be considered | ||||||
| 10 | indebtedness for purposes of any statutory debt limitation. | ||||||
| 11 | Bonds issued under this subsection (p-80) may be issued in one | ||||||
| 12 | or more issuances and must mature within not to exceed 25 years | ||||||
| 13 | from their date, notwithstanding any other law, including | ||||||
| 14 | Section 19-3 of this Code, to the contrary. | ||||||
| 15 | (p-85) In addition to all other authority to issue bonds, | ||||||
| 16 | Hall High School District 502 may issue bonds with an aggregate | ||||||
| 17 | principal amount not to exceed $32,000,000, but only if all the | ||||||
| 18 | following conditions are met: | ||||||
| 19 | (1) The voters of the district approve a proposition
| ||||||
| 20 | for the bond issuance at an election held on or after April | ||||||
| 21 | 9, 2013. | ||||||
| 22 | (2) Prior to the issuance of the bonds, the school
| ||||||
| 23 | board determines, by resolution, that (i) the building and | ||||||
| 24 | equipping of a new school building is required as a result | ||||||
| 25 | of the age and condition of an existing school building, | ||||||
| 26 | (ii) the existing school building should be demolished in | ||||||
| |||||||
| |||||||
| 1 | its entirety or the existing school building should be | ||||||
| 2 | demolished except for the 1914 west wing of the building, | ||||||
| 3 | and (iii) the issuance of bonds is authorized by a statute | ||||||
| 4 | that exempts the debt incurred on the bonds from the | ||||||
| 5 | district's statutory debt limitation. | ||||||
| 6 | (3) The bonds are issued, in one or more issuances, not | ||||||
| 7 | later than 5 years after the date of the referendum | ||||||
| 8 | approving the issuance of the bonds, but the aggregate | ||||||
| 9 | principal amount issued in all such bond issuances combined | ||||||
| 10 | must not exceed $32,000,000. | ||||||
| 11 | (4) The bonds are issued in accordance with this
| ||||||
| 12 | Article. | ||||||
| 13 | (5) The proceeds of the bonds are used to accomplish
| ||||||
| 14 | only those projects approved by the voters at an election | ||||||
| 15 | held on or after April 9, 2013. | ||||||
| 16 | The debt incurred on any bonds issued under this subsection | ||||||
| 17 | (p-85) shall not be considered indebtedness for purposes of any | ||||||
| 18 | statutory debt limitation. Bonds issued under this subsection | ||||||
| 19 | (p-85) must mature within not to exceed 30 years from their | ||||||
| 20 | date, notwithstanding any other law, including Section 19-3 of | ||||||
| 21 | this Code, to the contrary. | ||||||
| 22 | (p-90) In addition to all other authority to issue bonds, | ||||||
| 23 | Lebanon Community Unit School District 9 may issue bonds with | ||||||
| 24 | an aggregate principal amount not to exceed $7,500,000, but | ||||||
| 25 | only if all of the following conditions are met: | ||||||
| 26 | (1) The voters of the district approved a proposition | ||||||
| |||||||
| |||||||
| 1 | for the bond issuance at the general primary election on | ||||||
| 2 | February 2, 2010. | ||||||
| 3 | (2) At or prior to the time of the sale of the bonds, | ||||||
| 4 | the school board determines, by resolution, that (i) the | ||||||
| 5 | building and equipping of a new elementary school building | ||||||
| 6 | is required as a result of a projected increase in the | ||||||
| 7 | enrollment of students in the district and the age and | ||||||
| 8 | condition of the existing Lebanon Elementary School | ||||||
| 9 | building, (ii) a portion of the existing Lebanon Elementary | ||||||
| 10 | School building will be demolished and the remaining | ||||||
| 11 | portion will be altered, repaired, and equipped, and (iii) | ||||||
| 12 | the sale of bonds is authorized by a statute that exempts | ||||||
| 13 | the debt incurred on the bonds from the district's | ||||||
| 14 | statutory debt limitation. | ||||||
| 15 | (3) The bonds are issued, in one or more bond | ||||||
| 16 | issuances, on or before April 1, 2014, but the aggregate | ||||||
| 17 | principal amount issued in all such bond issuances combined | ||||||
| 18 | must not exceed $7,500,000. | ||||||
| 19 | (4) The bonds are issued in accordance with this | ||||||
| 20 | Article. | ||||||
| 21 | (5) The proceeds of the bonds are used to accomplish | ||||||
| 22 | only those projects approved by the voters at the general | ||||||
| 23 | primary election held on February 2, 2010. | ||||||
| 24 | The debt incurred on any bonds issued under this subsection | ||||||
| 25 | (p-90) shall not be considered indebtedness for purposes of any | ||||||
| 26 | statutory debt limitation. | ||||||
| |||||||
| |||||||
| 1 | (p-95) In addition to all other authority to issue bonds, | ||||||
| 2 | Monticello Community Unit School District 25 may issue bonds | ||||||
| 3 | with an aggregate principal amount not to exceed $35,000,000, | ||||||
| 4 | but only if all of the following conditions are met: | ||||||
| 5 | (1) The voters of the district approve a proposition | ||||||
| 6 | for the bond issuance at an election held on or after | ||||||
| 7 | November 4, 2014. | ||||||
| 8 | (2) Prior to the issuance of the bonds, the school | ||||||
| 9 | board determines, by resolution, that (i) the building and | ||||||
| 10 | equipping of a new school building is required as a result | ||||||
| 11 | of the age and condition of an existing school building and | ||||||
| 12 | (ii) the issuance of bonds is authorized by a statute that | ||||||
| 13 | exempts the debt incurred on the bonds from the district's | ||||||
| 14 | statutory debt limitation. | ||||||
| 15 | (3) The bonds are issued, in one or more issuances, on | ||||||
| 16 | or before July 1, 2020, but the aggregate principal amount | ||||||
| 17 | issued in all such bond issuances combined must not exceed | ||||||
| 18 | $35,000,000. | ||||||
| 19 | (4) The bonds are issued in accordance with this | ||||||
| 20 | Article. | ||||||
| 21 | (5) The proceeds of the bonds are used to accomplish | ||||||
| 22 | only those projects approved by the voters at an election | ||||||
| 23 | held on or after November 4, 2014. | ||||||
| 24 | The debt incurred on any bonds issued under this subsection | ||||||
| 25 | (p-95) shall not be considered indebtedness for purposes of any | ||||||
| 26 | statutory debt limitation. Bonds issued under this subsection | ||||||
| |||||||
| |||||||
| 1 | (p-95) must mature within not to exceed 25 years from their | ||||||
| 2 | date, notwithstanding any other law, including Section 19-3 of | ||||||
| 3 | this Code, to the contrary. | ||||||
| 4 | (p-100) In addition to all other authority to issue bonds, | ||||||
| 5 | the community unit school district created in the territory | ||||||
| 6 | comprising Milford Community Consolidated School District 280 | ||||||
| 7 | and Milford Township High School District 233, as approved at | ||||||
| 8 | the general primary election held on March 18, 2014, may issue | ||||||
| 9 | bonds with an aggregate principal amount not to exceed | ||||||
| 10 | $17,500,000, but only if all the following conditions are met: | ||||||
| 11 | (1) The voters of the district approve a proposition | ||||||
| 12 | for the bond issuance at an election held on or after | ||||||
| 13 | November 4, 2014. | ||||||
| 14 | (2) Prior to the issuance of the bonds, the school | ||||||
| 15 | board determines, by resolution, that (i) the building and | ||||||
| 16 | equipping of a new school building is required as a result | ||||||
| 17 | of the age and condition of an existing school building and | ||||||
| 18 | (ii) the issuance of bonds is authorized by a statute that | ||||||
| 19 | exempts the debt incurred on the bonds from the district's | ||||||
| 20 | statutory debt limitation. | ||||||
| 21 | (3) The bonds are issued, in one or more issuances, on | ||||||
| 22 | or before July 1, 2020, but the aggregate principal amount | ||||||
| 23 | issued in all such bond issuances combined must not exceed | ||||||
| 24 | $17,500,000. | ||||||
| 25 | (4) The bonds are issued in accordance with this | ||||||
| 26 | Article. | ||||||
| |||||||
| |||||||
| 1 | (5) The proceeds of the bonds are used to accomplish | ||||||
| 2 | only those projects approved by the voters at an election | ||||||
| 3 | held on or after November 4, 2014. | ||||||
| 4 | The debt incurred on any bonds issued under this subsection | ||||||
| 5 | (p-100) shall not be considered indebtedness for purposes of | ||||||
| 6 | any statutory debt limitation. Bonds issued under this | ||||||
| 7 | subsection (p-100) must mature within not to exceed 25 years | ||||||
| 8 | from their date, notwithstanding any other law, including | ||||||
| 9 | Section 19-3 of this Code, to the contrary. | ||||||
| 10 | (p-105) In addition to all other authority to issue bonds, | ||||||
| 11 | North Shore School District 112 may issue bonds with an | ||||||
| 12 | aggregate principal amount not to exceed $150,000,000, but only | ||||||
| 13 | if all of the following conditions are met: | ||||||
| 14 | (1) The voters of the district approve a proposition | ||||||
| 15 | for the bond issuance at an election held on or after March | ||||||
| 16 | 15, 2016. | ||||||
| 17 | (2) Prior to the issuance of the bonds, the school | ||||||
| 18 | board determines, by resolution, that (i) the building and | ||||||
| 19 | equipping of new buildings and improving the sites thereof | ||||||
| 20 | and the building and equipping of additions to, altering, | ||||||
| 21 | repairing, equipping, and renovating existing buildings | ||||||
| 22 | and improving the sites thereof are required as a result of | ||||||
| 23 | the age and condition of the district's existing buildings | ||||||
| 24 | and (ii) the issuance of bonds is authorized by a statute | ||||||
| 25 | that exempts the debt incurred on the bonds from the | ||||||
| 26 | district's statutory debt limitation. | ||||||
| |||||||
| |||||||
| 1 | (3) The bonds are issued, in one or more issuances, not | ||||||
| 2 | later than 5 years after the date of the referendum | ||||||
| 3 | approving the issuance of the bonds, but the aggregate | ||||||
| 4 | principal amount issued in all such bond issuances combined | ||||||
| 5 | must not exceed $150,000,000. | ||||||
| 6 | (4) The bonds are issued in accordance with this | ||||||
| 7 | Article. | ||||||
| 8 | (5) The proceeds of the bonds are used to accomplish | ||||||
| 9 | only those projects approved by the voters at an election | ||||||
| 10 | held on or after March 15, 2016. | ||||||
| 11 | The debt incurred on any bonds issued under this subsection | ||||||
| 12 | (p-105) and on any bonds issued to refund or continue to refund | ||||||
| 13 | such bonds shall not be considered indebtedness for purposes of | ||||||
| 14 | any statutory debt limitation. Bonds issued under this | ||||||
| 15 | subsection (p-105) and any bonds issued to refund or continue | ||||||
| 16 | to refund such bonds must mature within not to exceed 30 years | ||||||
| 17 | from their date, notwithstanding any other law, including | ||||||
| 18 | Section 19-3 of this Code, to the contrary. | ||||||
| 19 | (p-110) In addition to all other authority to issue bonds, | ||||||
| 20 | Sandoval Community Unit School District 501 may issue bonds | ||||||
| 21 | with an aggregate principal amount not to exceed $2,000,000, | ||||||
| 22 | but only if all of the following conditions are met: | ||||||
| 23 | (1) The voters of the district approved a proposition | ||||||
| 24 | for the bond issuance at an election held on March 20, | ||||||
| 25 | 2012. | ||||||
| 26 | (2) Prior to the issuance of the bonds, the school | ||||||
| |||||||
| |||||||
| 1 | board determines, by resolution, that (i) the building and | ||||||
| 2 | equipping of a new school building is required because of | ||||||
| 3 | the age and current condition of the Sandoval Elementary | ||||||
| 4 | School building and (ii) the issuance of bonds is | ||||||
| 5 | authorized by a statute that exempts the debt incurred on | ||||||
| 6 | the bonds from the district's statutory debt limitation. | ||||||
| 7 | (3) The bonds are issued, in one or more bond | ||||||
| 8 | issuances, on or before March 19, 2017, but the aggregate | ||||||
| 9 | principal amount issued in all such bond issuances combined | ||||||
| 10 | must not exceed $2,000,000. | ||||||
| 11 | (4) The bonds are issued in accordance with this | ||||||
| 12 | Article. | ||||||
| 13 | (5) The proceeds of the bonds are used to accomplish | ||||||
| 14 | only those projects approved by the voters at the election | ||||||
| 15 | held on March 20, 2012. | ||||||
| 16 | The debt incurred on any bonds issued under this subsection | ||||||
| 17 | (p-110) shall not be considered indebtedness for purposes of | ||||||
| 18 | any statutory debt limitation. | ||||||
| 19 | (q) A school district must notify the State Board of | ||||||
| 20 | Education prior to issuing any form of long-term or short-term | ||||||
| 21 | debt that will result in outstanding debt that exceeds 75% of | ||||||
| 22 | the debt limit specified in this Section or any other provision | ||||||
| 23 | of law.
| ||||||
| 24 | (Source: P.A. 98-617, eff. 1-7-14; 98-912, eff. 8-15-14; | ||||||
| 25 | 98-916, eff. 8-15-14; 99-78, eff. 7-20-15; 99-143, eff. | ||||||
| 26 | 7-27-15; 99-390, eff. 8-18-15; revised 10-13-15.)
| ||||||
| |||||||
| |||||||
| 1 | (105 ILCS 5/21B-20) | ||||||
| 2 | Sec. 21B-20. Types of licenses. Before July 1, 2013, the | ||||||
| 3 | State Board of Education shall implement a system of educator | ||||||
| 4 | licensure, whereby individuals employed in school districts | ||||||
| 5 | who are required to be licensed must have one of the following | ||||||
| 6 | licenses: (i) a professional educator license; (ii) a | ||||||
| 7 | professional educator license with stipulations; or (iii) a | ||||||
| 8 | substitute teaching license. References in law regarding | ||||||
| 9 | individuals certified or certificated or required to be | ||||||
| 10 | certified or certificated under Article 21 of this Code shall | ||||||
| 11 | also include individuals licensed or required to be licensed | ||||||
| 12 | under this Article. The first year of all licenses ends on June | ||||||
| 13 | 30 following one full year of the license being issued. | ||||||
| 14 | The State Board of Education, in consultation with the | ||||||
| 15 | State Educator Preparation and Licensure Board, may adopt such | ||||||
| 16 | rules as may be necessary to govern the requirements for | ||||||
| 17 | licenses and endorsements under this Section. | ||||||
| 18 | (1) Professional Educator License. Persons who (i) | ||||||
| 19 | have successfully completed an approved educator | ||||||
| 20 | preparation program and are recommended for licensure by | ||||||
| 21 | the Illinois institution offering the educator preparation | ||||||
| 22 | program, (ii) have successfully completed the required | ||||||
| 23 | testing under Section 21B-30 of this Code, (iii) have | ||||||
| 24 | successfully completed coursework on the psychology of, | ||||||
| 25 | the identification of, and the methods of instruction for | ||||||
| |||||||
| |||||||
| 1 | the exceptional child, including without limitation | ||||||
| 2 | children with learning disabilities, (iv) have | ||||||
| 3 | successfully completed coursework in methods of reading | ||||||
| 4 | and reading in the content area, and (v) have met all other | ||||||
| 5 | criteria established by rule of the State Board of | ||||||
| 6 | Education shall be issued a Professional Educator License. | ||||||
| 7 | All Professional Educator Licenses are valid until June 30 | ||||||
| 8 | immediately following 5 years of the license being issued. | ||||||
| 9 | The Professional Educator License shall be endorsed with | ||||||
| 10 | specific areas and grade levels in which the individual is | ||||||
| 11 | eligible to practice. | ||||||
| 12 | Individuals can receive subsequent endorsements on the | ||||||
| 13 | Professional Educator License. Subsequent endorsements | ||||||
| 14 | shall require a minimum of 24 semester hours of coursework | ||||||
| 15 | in the endorsement area, unless otherwise specified by | ||||||
| 16 | rule, and passage of the applicable content area test. | ||||||
| 17 | (2) Educator License with Stipulations. An Educator | ||||||
| 18 | License with Stipulations shall be issued an endorsement | ||||||
| 19 | that limits the license holder to one particular position | ||||||
| 20 | or does not require completion of an approved educator | ||||||
| 21 | program or both. | ||||||
| 22 | An individual with an Educator License with | ||||||
| 23 | Stipulations must not be employed by a school district or | ||||||
| 24 | any other entity to replace any presently employed teacher | ||||||
| 25 | who otherwise would not be replaced for any reason. | ||||||
| 26 | An Educator License with Stipulations may be issued | ||||||
| |||||||
| |||||||
| 1 | with the following endorsements: | ||||||
| 2 | (A) Provisional educator. A provisional educator | ||||||
| 3 | endorsement in a specific content area or areas on an | ||||||
| 4 | Educator License with Stipulations may be issued to an | ||||||
| 5 | applicant who holds an educator license with a minimum | ||||||
| 6 | of 15 semester hours in content coursework from another | ||||||
| 7 | state, U.S. territory, or foreign country and who, at | ||||||
| 8 | the time of applying for an Illinois license, does not | ||||||
| 9 | meet the minimum requirements under Section 21B-35 of | ||||||
| 10 | this Code, but does, at a minimum, meet the following | ||||||
| 11 | requirements: | ||||||
| 12 | (i) Holds the equivalent of a minimum of a | ||||||
| 13 | bachelor's degree, unless a master's degree is | ||||||
| 14 | required for the endorsement, from a regionally | ||||||
| 15 | accredited college or university or, for | ||||||
| 16 | individuals educated in a country other than the | ||||||
| 17 | United States, the equivalent of a minimum of a | ||||||
| 18 | bachelor's degree issued in the United States, | ||||||
| 19 | unless a master's degree is required for the | ||||||
| 20 | endorsement. | ||||||
| 21 | (ii) Has passed or passes a test of basic | ||||||
| 22 | skills and content area test, as required by | ||||||
| 23 | Section 21B-30 of this Code, prior to or within one | ||||||
| 24 | year after issuance of the provisional educator | ||||||
| 25 | endorsement on the Educator License with | ||||||
| 26 | Stipulations. If an individual who holds an | ||||||
| |||||||
| |||||||
| 1 | Educator License with Stipulations endorsed for | ||||||
| 2 | provisional educator has not passed a test of basic | ||||||
| 3 | skills and applicable content area test or tests | ||||||
| 4 | within one year after issuance of the endorsement, | ||||||
| 5 | the endorsement shall expire on June 30 following | ||||||
| 6 | one full year of the endorsement being issued. If | ||||||
| 7 | such an individual has passed the test of basic | ||||||
| 8 | skills and applicable content area test or tests | ||||||
| 9 | either prior to issuance of the endorsement or | ||||||
| 10 | within one year after issuance of the endorsement, | ||||||
| 11 | the endorsement is valid until June 30 immediately | ||||||
| 12 | following 2 years of the license being issued, | ||||||
| 13 | during which time any and all coursework | ||||||
| 14 | deficiencies must be met and any and all additional | ||||||
| 15 | testing deficiencies must be met. | ||||||
| 16 | In addition, a provisional educator endorsement for | ||||||
| 17 | principals or superintendents may be issued if the | ||||||
| 18 | individual meets the requirements set forth in | ||||||
| 19 | subdivisions (1) and (3) of subsection (b-5) of Section | ||||||
| 20 | 21B-35 of this Code. Applicants who have not been | ||||||
| 21 | entitled by an Illinois-approved educator preparation | ||||||
| 22 | program at an Illinois institution of higher education | ||||||
| 23 | shall not receive a provisional educator endorsement | ||||||
| 24 | if the person completed an alternative licensure | ||||||
| 25 | program in another state, unless the program has been | ||||||
| 26 | determined to be equivalent to Illinois program | ||||||
| |||||||
| |||||||
| 1 | requirements. | ||||||
| 2 | Notwithstanding any other requirements of this | ||||||
| 3 | Section, a service member or spouse of a service member | ||||||
| 4 | may obtain a Professional Educator License with | ||||||
| 5 | Stipulations, and a provisional educator endorsement | ||||||
| 6 | in a specific content area or areas, if he or she holds | ||||||
| 7 | a valid teaching certificate or license in good | ||||||
| 8 | standing from another state, meets the qualifications | ||||||
| 9 | of educators outlined in Section 21B-15 of this Code, | ||||||
| 10 | and has not engaged in any misconduct that would | ||||||
| 11 | prohibit an individual from obtaining a license | ||||||
| 12 | pursuant to Illinois law, including without limitation | ||||||
| 13 | any administrative rules of the State Board of | ||||||
| 14 | Education. | ||||||
| 15 | In this Section, "service member" means any person | ||||||
| 16 | who, at the time of application under this Section, is | ||||||
| 17 | an active duty member of the United States Armed Forces | ||||||
| 18 | or any reserve component of the United States Armed | ||||||
| 19 | Forces or the National Guard of any state, | ||||||
| 20 | commonwealth, or territory of the United States or the | ||||||
| 21 | District of Columbia. | ||||||
| 22 | A provisional educator endorsement is valid until | ||||||
| 23 | June 30 immediately following 2 years of the license | ||||||
| 24 | being issued, provided that any remaining testing and | ||||||
| 25 | coursework deficiencies are met as set forth in this | ||||||
| 26 | Section. Failure to satisfy all stated deficiencies | ||||||
| |||||||
| |||||||
| 1 | shall mean the individual, including any service | ||||||
| 2 | member or spouse who has obtained a Professional | ||||||
| 3 | Educator License with Stipulations and a provisional | ||||||
| 4 | educator endorsement in a specific content area or | ||||||
| 5 | areas, is ineligible to receive a Professional | ||||||
| 6 | Educator License at that time. An Educator License with | ||||||
| 7 | Stipulations endorsed for provisional educator shall | ||||||
| 8 | not be renewed for individuals who hold an Educator | ||||||
| 9 | License with Stipulations and who have held a position | ||||||
| 10 | in a public school or non-public school recognized by | ||||||
| 11 | the State Board of Education. | ||||||
| 12 | (B) Alternative provisional educator. An | ||||||
| 13 | alternative provisional educator endorsement on an | ||||||
| 14 | Educator License with Stipulations may be issued to an | ||||||
| 15 | applicant who, at the time of applying for the | ||||||
| 16 | endorsement, has done all of the following: | ||||||
| 17 | (i) Graduated from a regionally accredited | ||||||
| 18 | college or university with a minimum of a | ||||||
| 19 | bachelor's degree. | ||||||
| 20 | (ii) Successfully completed the first phase of | ||||||
| 21 | the Alternative Educator Licensure Program for | ||||||
| 22 | Teachers, as described in Section 21B-50 of this | ||||||
| 23 | Code. | ||||||
| 24 | (iii) Passed a test of basic skills and content | ||||||
| 25 | area test, as required under Section 21B-30 of this | ||||||
| 26 | Code. | ||||||
| |||||||
| |||||||
| 1 | The alternative provisional educator endorsement | ||||||
| 2 | is valid for 2 years of teaching and may be renewed for | ||||||
| 3 | a third year by an individual meeting the requirements | ||||||
| 4 | set forth in Section 21B-50 of this Code. | ||||||
| 5 | (C) Alternative provisional superintendent. An | ||||||
| 6 | alternative provisional superintendent endorsement on | ||||||
| 7 | an Educator License with Stipulations entitles the | ||||||
| 8 | holder to serve only as a superintendent or assistant | ||||||
| 9 | superintendent in a school district's central office. | ||||||
| 10 | This endorsement may only be issued to an applicant | ||||||
| 11 | who, at the time of applying for the endorsement, has | ||||||
| 12 | done all of the following: | ||||||
| 13 | (i) Graduated from a regionally accredited | ||||||
| 14 | college or university with a minimum of a master's | ||||||
| 15 | degree in a management field other than education. | ||||||
| 16 | (ii) Been employed for a period of at least 5 | ||||||
| 17 | years in a management level position in a field | ||||||
| 18 | other than education. | ||||||
| 19 | (iii) Successfully completed the first phase | ||||||
| 20 | of an alternative route to superintendent | ||||||
| 21 | endorsement program, as provided in Section 21B-55 | ||||||
| 22 | of this Code. | ||||||
| 23 | (iv) Passed a test of basic skills and content | ||||||
| 24 | area tests required under Section 21B-30 of this | ||||||
| 25 | Code. | ||||||
| 26 | The endorsement may be registered for 2 fiscal | ||||||
| |||||||
| |||||||
| 1 | years in order to complete one full year of serving as | ||||||
| 2 | a superintendent or assistant superintendent. | ||||||
| 3 | (D) Resident teacher endorsement. A resident | ||||||
| 4 | teacher endorsement on an Educator License with | ||||||
| 5 | Stipulations may be issued to an applicant who, at the | ||||||
| 6 | time of applying for the endorsement, has done all of | ||||||
| 7 | the following: | ||||||
| 8 | (i) Graduated from a regionally accredited | ||||||
| 9 | institution of higher education with a minimum of a | ||||||
| 10 | bachelor's degree. | ||||||
| 11 | (ii) Enrolled in an approved Illinois educator | ||||||
| 12 | preparation program. | ||||||
| 13 | (iii) Passed a test of basic skills and content | ||||||
| 14 | area test, as required under Section 21B-30 of this | ||||||
| 15 | Code. | ||||||
| 16 | The resident teacher endorsement on an Educator | ||||||
| 17 | License with Stipulations is valid for 4 years of | ||||||
| 18 | teaching and shall not be renewed. | ||||||
| 19 | A resident teacher may teach only under the | ||||||
| 20 | direction of a licensed teacher, who shall act as the | ||||||
| 21 | resident mentor teacher, and may not teach in place of | ||||||
| 22 | a licensed teacher.
A resident teacher endorsement on | ||||||
| 23 | an Educator License with Stipulations shall no longer | ||||||
| 24 | be valid after June 30, 2017. | ||||||
| 25 | (E) Career and technical educator. A career and | ||||||
| 26 | technical educator endorsement on an Educator License | ||||||
| |||||||
| |||||||
| 1 | with Stipulations may be issued to an applicant who has | ||||||
| 2 | a minimum of 60 semester hours of coursework from a | ||||||
| 3 | regionally accredited institution of higher education | ||||||
| 4 | and has a minimum of 2,000 hours of experience outside | ||||||
| 5 | of education in each area to be taught. | ||||||
| 6 | The career and technical educator endorsement on | ||||||
| 7 | an Educator License with Stipulations is valid until | ||||||
| 8 | June 30 immediately following 5 years of the | ||||||
| 9 | endorsement being issued and may be renewed. For | ||||||
| 10 | individuals who were issued the career and technical | ||||||
| 11 | educator endorsement on an Educator License with | ||||||
| 12 | Stipulations on or after January 1, 2015, the license | ||||||
| 13 | may be renewed if the individual passes a test of basic | ||||||
| 14 | skills, as required under Section 21B-30 of this Code. | ||||||
| 15 | (F) Part-time provisional career and technical | ||||||
| 16 | educator or provisional career and technical educator. | ||||||
| 17 | A part-time provisional career and technical educator | ||||||
| 18 | endorsement or a provisional career and technical | ||||||
| 19 | educator endorsement on an Educator License with | ||||||
| 20 | Stipulations may be issued to an applicant who has a | ||||||
| 21 | minimum of 8,000 hours of work experience in the skill | ||||||
| 22 | for which the applicant is seeking the endorsement. It | ||||||
| 23 | is the responsibility of each employing school board | ||||||
| 24 | and regional office of education to provide | ||||||
| 25 | verification, in writing, to the State Superintendent | ||||||
| 26 | of Education at the time the application is submitted | ||||||
| |||||||
| |||||||
| 1 | that no qualified teacher holding a Professional | ||||||
| 2 | Educator License or an Educator License with | ||||||
| 3 | Stipulations with a career and technical educator | ||||||
| 4 | endorsement is available and that actual circumstances | ||||||
| 5 | require such issuance. | ||||||
| 6 | The provisional career and technical educator | ||||||
| 7 | endorsement on an Educator License with Stipulations | ||||||
| 8 | is valid until June 30 immediately following 5 years of | ||||||
| 9 | the endorsement being issued and may be renewed only | ||||||
| 10 | one time for 5 years. For individuals who were issued | ||||||
| 11 | the provisional career and technical educator | ||||||
| 12 | endorsement on an Educator License with Stipulations | ||||||
| 13 | on or after January 1, 2015, the license may be renewed | ||||||
| 14 | one time if the individual passes a test of basic | ||||||
| 15 | skills, as required under Section 21B-30 of this Code, | ||||||
| 16 | and has completed a minimum of 20 semester hours from a | ||||||
| 17 | regionally accredited institution. | ||||||
| 18 | A part-time provisional career and technical | ||||||
| 19 | educator endorsement on an Educator License with | ||||||
| 20 | Stipulations may be issued for teaching no more than 2 | ||||||
| 21 | courses of study for grades 6 through 12. The part-time | ||||||
| 22 | provisional career and technical educator endorsement | ||||||
| 23 | on an Educator License with Stipulations is valid until | ||||||
| 24 | June 30 immediately following 5 years of the | ||||||
| 25 | endorsement being issued and may be renewed for 5 years | ||||||
| 26 | if the individual makes application for renewal. | ||||||
| |||||||
| |||||||
| 1 | (G) Transitional bilingual educator. A | ||||||
| 2 | transitional bilingual educator endorsement on an | ||||||
| 3 | Educator License with Stipulations may be issued for | ||||||
| 4 | the purpose of providing instruction in accordance | ||||||
| 5 | with Article 14C of this Code to an applicant who | ||||||
| 6 | provides satisfactory evidence that he or she meets all | ||||||
| 7 | of the following requirements: | ||||||
| 8 | (i) Possesses adequate speaking, reading, and | ||||||
| 9 | writing ability in the language other than English | ||||||
| 10 | in which transitional bilingual education is | ||||||
| 11 | offered. | ||||||
| 12 | (ii) Has the ability to successfully | ||||||
| 13 | communicate in English. | ||||||
| 14 | (iii) Either possessed, within 5 years | ||||||
| 15 | previous to his or her applying for a transitional | ||||||
| 16 | bilingual educator endorsement, a valid and | ||||||
| 17 | comparable teaching certificate or comparable | ||||||
| 18 | authorization issued by a foreign country or holds | ||||||
| 19 | a degree from an institution of higher learning in | ||||||
| 20 | a foreign country that the State Educator | ||||||
| 21 | Preparation and Licensure Board determines to be | ||||||
| 22 | the equivalent of a bachelor's degree from a | ||||||
| 23 | regionally accredited institution of higher | ||||||
| 24 | learning in the United States. | ||||||
| 25 | A transitional bilingual educator endorsement | ||||||
| 26 | shall be valid for prekindergarten through grade 12, is | ||||||
| |||||||
| |||||||
| 1 | valid until June 30 immediately following 5 years of | ||||||
| 2 | the endorsement being issued, and shall not be renewed. | ||||||
| 3 | Persons holding a transitional bilingual educator | ||||||
| 4 | endorsement shall not be employed to replace any | ||||||
| 5 | presently employed teacher who otherwise would not be | ||||||
| 6 | replaced for any reason. | ||||||
| 7 | (H) Language endorsement. In an effort to | ||||||
| 8 | alleviate the shortage of teachers speaking a language | ||||||
| 9 | other than English in the public schools, an individual | ||||||
| 10 | who holds an Educator License with Stipulations may | ||||||
| 11 | also apply for a language endorsement, provided that | ||||||
| 12 | the applicant provides satisfactory evidence that he | ||||||
| 13 | or she meets all of the following requirements: | ||||||
| 14 | (i) Holds a transitional bilingual | ||||||
| 15 | endorsement. | ||||||
| 16 | (ii) Has demonstrated proficiency in the | ||||||
| 17 | language for which the endorsement is to be issued | ||||||
| 18 | by passing the applicable language content test | ||||||
| 19 | required by the State Board of Education. | ||||||
| 20 | (iii) Holds a bachelor's degree or higher from | ||||||
| 21 | a regionally accredited institution of higher | ||||||
| 22 | education or, for individuals educated in a | ||||||
| 23 | country other than the United States, holds a | ||||||
| 24 | degree from an institution of higher learning in a | ||||||
| 25 | foreign country that the State Educator | ||||||
| 26 | Preparation and Licensure Board determines to be | ||||||
| |||||||
| |||||||
| 1 | the equivalent of a bachelor's degree from a | ||||||
| 2 | regionally accredited institution of higher | ||||||
| 3 | learning in the United States. | ||||||
| 4 | (iv) Has passed a test of basic skills, as | ||||||
| 5 | required under Section 21B-30 of this Code. | ||||||
| 6 | A language endorsement on an Educator License with | ||||||
| 7 | Stipulations is valid for prekindergarten through | ||||||
| 8 | grade 12 for the same validity period as the | ||||||
| 9 | individual's transitional bilingual educator | ||||||
| 10 | endorsement on the Educator License with Stipulations | ||||||
| 11 | and shall not be renewed. | ||||||
| 12 | (I) Visiting international educator. A visiting | ||||||
| 13 | international educator endorsement on an Educator | ||||||
| 14 | License with Stipulations may be issued to an | ||||||
| 15 | individual who is being recruited by a particular | ||||||
| 16 | school district that conducts formal recruitment | ||||||
| 17 | programs outside of the United States to secure the | ||||||
| 18 | services of qualified teachers and who meets all of the | ||||||
| 19 | following requirements: | ||||||
| 20 | (i) Holds the equivalent of a minimum of a | ||||||
| 21 | bachelor's degree issued in the United States. | ||||||
| 22 | (ii) Has been prepared as a teacher at the | ||||||
| 23 | grade level for which he or she will be employed. | ||||||
| 24 | (iii) Has adequate content knowledge in the | ||||||
| 25 | subject to be taught. | ||||||
| 26 | (iv) Has an adequate command of the English | ||||||
| |||||||
| |||||||
| 1 | language. | ||||||
| 2 | A holder of a visiting international educator | ||||||
| 3 | endorsement on an Educator License with Stipulations | ||||||
| 4 | shall be permitted to teach in bilingual education | ||||||
| 5 | programs in the language that was the medium of | ||||||
| 6 | instruction in his or her teacher preparation program, | ||||||
| 7 | provided that he or she passes the English Language | ||||||
| 8 | Proficiency Examination or another test of writing | ||||||
| 9 | skills in English identified by the State Board of | ||||||
| 10 | Education, in consultation with the State Educator | ||||||
| 11 | Preparation and Licensure Board. | ||||||
| 12 | A visiting international educator endorsement on | ||||||
| 13 | an Educator License with Stipulations is valid for 3 | ||||||
| 14 | years and shall not be renewed. | ||||||
| 15 | (J) Paraprofessional educator. A paraprofessional | ||||||
| 16 | educator endorsement on an Educator License with | ||||||
| 17 | Stipulations may be issued to an applicant who holds a | ||||||
| 18 | high school diploma or its recognized equivalent and | ||||||
| 19 | either holds an associate's degree or a minimum of 60 | ||||||
| 20 | semester hours of credit from a regionally accredited | ||||||
| 21 | institution of higher education or has passed a test of | ||||||
| 22 | basic skills required under Section 21B-30 of this | ||||||
| 23 | Code. The paraprofessional educator endorsement is | ||||||
| 24 | valid until June 30 immediately following 5 years of | ||||||
| 25 | the endorsement being issued and may be renewed through | ||||||
| 26 | application and payment of the appropriate fee, as | ||||||
| |||||||
| |||||||
| 1 | required under Section 21B-40 of this Code. An | ||||||
| 2 | individual who holds only a paraprofessional educator | ||||||
| 3 | endorsement is not subject to additional requirements | ||||||
| 4 | in order to renew the endorsement. | ||||||
| 5 | (K) Chief school business official. A chief school | ||||||
| 6 | business official endorsement on an Educator License | ||||||
| 7 | with Stipulations may be issued to an applicant who | ||||||
| 8 | qualifies by having a master's degree or higher, 2 | ||||||
| 9 | years of full-time administrative experience in school | ||||||
| 10 | business management or 2 years of university-approved | ||||||
| 11 | practical experience, and a minimum of 24 semester | ||||||
| 12 | hours of graduate credit in a program approved by the | ||||||
| 13 | State Board of Education for the preparation of school | ||||||
| 14 | business administrators and by passage of the | ||||||
| 15 | applicable State tests, including a test of basic | ||||||
| 16 | skills and applicable content area test. | ||||||
| 17 | The chief school business official endorsement may | ||||||
| 18 | also be affixed to the Educator License with | ||||||
| 19 | Stipulations of any holder who qualifies by having a | ||||||
| 20 | master's degree in business administration, finance, | ||||||
| 21 | or accounting and who completes an additional 6 | ||||||
| 22 | semester hours of internship in school business | ||||||
| 23 | management from a regionally accredited institution of | ||||||
| 24 | higher education and passes the applicable State | ||||||
| 25 | tests, including a test of basic skills and applicable | ||||||
| 26 | content area test. This endorsement shall be required | ||||||
| |||||||
| |||||||
| 1 | for any individual employed as a chief school business | ||||||
| 2 | official. | ||||||
| 3 | The chief school business official endorsement on | ||||||
| 4 | an Educator License with Stipulations is valid until | ||||||
| 5 | June 30 immediately following 5 years of the | ||||||
| 6 | endorsement being issued and may be renewed if the | ||||||
| 7 | license holder completes renewal requirements as | ||||||
| 8 | required for individuals who hold a Professional | ||||||
| 9 | Educator License endorsed for chief school business | ||||||
| 10 | official under Section 21B-45 of this Code and such | ||||||
| 11 | rules as may be adopted by the State Board of | ||||||
| 12 | Education. | ||||||
| 13 | (3) Substitute Teaching License. A Substitute Teaching | ||||||
| 14 | License may be issued to qualified applicants for | ||||||
| 15 | substitute teaching in all grades of the public schools, | ||||||
| 16 | prekindergarten through grade 12. Substitute Teaching | ||||||
| 17 | Licenses are not eligible for endorsements. Applicants for | ||||||
| 18 | a Substitute Teaching License must hold a bachelor's degree | ||||||
| 19 | or higher from a regionally accredited institution of | ||||||
| 20 | higher education. | ||||||
| 21 | Substitute Teaching Licenses are valid for 5 years and | ||||||
| 22 | may be renewed if the individual has passed a test of basic | ||||||
| 23 | skills, as authorized under Section 21B-30 of this Code. An | ||||||
| 24 | individual who has passed a test of basic skills for the | ||||||
| 25 | first licensure renewal is not required to retake the test | ||||||
| 26 | again for further renewals. | ||||||
| |||||||
| |||||||
| 1 | Substitute Teaching Licenses are valid for substitute | ||||||
| 2 | teaching in every county of this State. If an individual | ||||||
| 3 | has had his or her Professional Educator License or | ||||||
| 4 | Educator License with Stipulations suspended or revoked or | ||||||
| 5 | has not met the renewal requirements for licensure, then | ||||||
| 6 | that individual is not eligible to obtain a Substitute | ||||||
| 7 | Teaching License. | ||||||
| 8 | A substitute teacher may only teach in the place of a | ||||||
| 9 | licensed teacher who is under contract with the employing | ||||||
| 10 | board. If, however, there is no licensed teacher under | ||||||
| 11 | contract because of an emergency situation, then a district | ||||||
| 12 | may employ a substitute teacher for no longer than 30 | ||||||
| 13 | calendar days per each vacant position in the district if | ||||||
| 14 | the district notifies the appropriate regional office of | ||||||
| 15 | education within 5 business days after the employment of | ||||||
| 16 | the substitute teacher in the emergency situation. An | ||||||
| 17 | emergency situation is one in which an unforeseen vacancy | ||||||
| 18 | has occurred and (i) a teacher is unable to fulfill his or | ||||||
| 19 | her contractual duties or (ii) teacher capacity needs of | ||||||
| 20 | the district exceed previous indications, and the district | ||||||
| 21 | is actively engaged in advertising to hire a fully licensed | ||||||
| 22 | teacher for the vacant position. | ||||||
| 23 | There is no limit on the number of days that a | ||||||
| 24 | substitute teacher may teach in a single school district, | ||||||
| 25 | provided that no substitute teacher may teach for longer | ||||||
| 26 | than 90 school days for any one licensed teacher under | ||||||
| |||||||
| |||||||
| 1 | contract in the same school year. A substitute teacher who | ||||||
| 2 | holds a Professional Educator License or Educator License | ||||||
| 3 | with Stipulations shall not teach for more than 120 school | ||||||
| 4 | days for any one licensed teacher under contract in the | ||||||
| 5 | same school year. The limitations in this paragraph (3) on | ||||||
| 6 | the number of days a substitute teacher may be employed do | ||||||
| 7 | not apply to any school district operating under Article 34 | ||||||
| 8 | of this Code.
| ||||||
| 9 | (Source: P.A. 98-28, eff. 7-1-13; 98-751, eff. 1-1-15; 99-35, | ||||||
| 10 | eff. 1-1-16; 99-58, eff. 7-16-15; 99-143, eff. 7-27-15; revised | ||||||
| 11 | 10-14-15.)
| ||||||
| 12 | (105 ILCS 5/21B-45) | ||||||
| 13 | Sec. 21B-45. Professional Educator License renewal. | ||||||
| 14 | (a) Individuals holding a Professional Educator License | ||||||
| 15 | are required to complete the licensure renewal requirements as | ||||||
| 16 | specified in this Section, unless otherwise provided in this | ||||||
| 17 | Code. | ||||||
| 18 | Individuals holding a Professional Educator License shall | ||||||
| 19 | meet the renewal requirements set forth in this Section, unless | ||||||
| 20 | otherwise provided in this Code. If an individual holds a | ||||||
| 21 | license endorsed in more than one area that has different | ||||||
| 22 | renewal requirements, that individual shall follow the renewal | ||||||
| 23 | requirements for the position for which he or she spends the | ||||||
| 24 | majority of his or her time working. | ||||||
| 25 | (b) All Professional Educator Licenses not renewed as | ||||||
| |||||||
| |||||||
| 1 | provided in this Section shall lapse on September 1 of that | ||||||
| 2 | year. Lapsed licenses may be immediately reinstated upon (i) | ||||||
| 3 | payment by the applicant of a $500 penalty to the State Board | ||||||
| 4 | of Education or (ii) the demonstration of proficiency by | ||||||
| 5 | completing 9 semester hours of coursework from a regionally | ||||||
| 6 | accredited institution of higher education in the content area | ||||||
| 7 | that most aligns with one or more of the educator's endorsement | ||||||
| 8 | areas. Any and all back fees, including without limitation | ||||||
| 9 | registration fees owed from the time of expiration of the | ||||||
| 10 | license until the date of reinstatement, shall be paid and kept | ||||||
| 11 | in accordance with the provisions in Article 3 of this Code | ||||||
| 12 | concerning an institute fund and the provisions in Article 21B | ||||||
| 13 | of this Code concerning fees and requirements for registration. | ||||||
| 14 | Licenses not registered in accordance with Section 21B-40 of | ||||||
| 15 | this Code shall lapse after a period of 6 months from the | ||||||
| 16 | expiration of the last year of registration. An unregistered | ||||||
| 17 | license is invalid after September 1 for employment and | ||||||
| 18 | performance of services in an Illinois public or State-operated | ||||||
| 19 | school or cooperative and in a charter school. Any license or | ||||||
| 20 | endorsement may be voluntarily surrendered by the license | ||||||
| 21 | holder. A voluntarily surrendered license, except a substitute | ||||||
| 22 | teaching license issued under Section 21B-20 of this Code, | ||||||
| 23 | shall be treated as a revoked license. An Educator License with | ||||||
| 24 | Stipulations with only a paraprofessional endorsement does not | ||||||
| 25 | lapse.
| ||||||
| 26 | (c) From July 1, 2013 through June 30, 2014, in order to | ||||||
| |||||||
| |||||||
| 1 | satisfy the requirements for licensure renewal provided for in | ||||||
| 2 | this Section, each professional educator licensee with an | ||||||
| 3 | administrative endorsement who is working in a position | ||||||
| 4 | requiring such endorsement shall complete one Illinois | ||||||
| 5 | Administrators' Academy course, as described in Article 2 of | ||||||
| 6 | this Code, per fiscal year. | ||||||
| 7 | (d) Beginning July 1, 2014, in order to satisfy the | ||||||
| 8 | requirements for licensure renewal provided for in this | ||||||
| 9 | Section, each professional educator licensee may create a | ||||||
| 10 | professional development plan each year. The plan shall address | ||||||
| 11 | one or more of the endorsements that are required of his or her | ||||||
| 12 | educator position if the licensee is employed and performing | ||||||
| 13 | services in an Illinois public or State-operated school or | ||||||
| 14 | cooperative. If the licensee is employed in a charter school, | ||||||
| 15 | the plan shall address that endorsement or those endorsements | ||||||
| 16 | most closely related to his or her educator position. Licensees | ||||||
| 17 | employed and performing services in any other Illinois schools | ||||||
| 18 | may participate in the renewal requirements by adhering to the | ||||||
| 19 | same process. | ||||||
| 20 | Except as otherwise provided in this Section, the | ||||||
| 21 | licensee's professional development activities shall align | ||||||
| 22 | with one or more of the following criteria: | ||||||
| 23 | (1) activities are of a type that engage participants | ||||||
| 24 | over a sustained period of time allowing for analysis, | ||||||
| 25 | discovery, and application as they relate to student | ||||||
| 26 | learning, social or emotional achievement, or well-being; | ||||||
| |||||||
| |||||||
| 1 | (2) professional development aligns to the licensee's | ||||||
| 2 | performance; | ||||||
| 3 | (3) outcomes for the activities must relate to student | ||||||
| 4 | growth or district improvement; | ||||||
| 5 | (4) activities align to State-approved standards;
and | ||||||
| 6 | (5) higher education coursework. | ||||||
| 7 | (e) For each renewal cycle, each professional educator | ||||||
| 8 | licensee shall engage in professional development activities. | ||||||
| 9 | Prior to renewal, the licensee shall enter electronically into | ||||||
| 10 | the Educator Licensure Information System (ELIS) the name, | ||||||
| 11 | date, and location of the activity, the number of professional | ||||||
| 12 | development hours, and the provider's name. The following | ||||||
| 13 | provisions shall apply concerning professional development | ||||||
| 14 | activities: | ||||||
| 15 | (1) Each licensee shall complete a total of 120 hours | ||||||
| 16 | of professional development per 5-year renewal cycle in | ||||||
| 17 | order to renew the license, except as otherwise provided in | ||||||
| 18 | this Section. | ||||||
| 19 | (2) Beginning with his or her first full 5-year cycle, | ||||||
| 20 | any licensee with an administrative endorsement who is not | ||||||
| 21 | working in a position requiring such endorsement shall | ||||||
| 22 | complete one Illinois Administrators' Academy course, as | ||||||
| 23 | described in Article 2 of this Code, in each 5-year renewal | ||||||
| 24 | cycle in which the administrative endorsement was held for | ||||||
| 25 | at least one year. The Illinois Administrators' Academy | ||||||
| 26 | course may count toward the total of 120 hours per 5-year | ||||||
| |||||||
| |||||||
| 1 | cycle. | ||||||
| 2 | (3) Any licensee with an administrative endorsement | ||||||
| 3 | who is working in a position requiring such endorsement or | ||||||
| 4 | an individual with a Teacher Leader endorsement serving in | ||||||
| 5 | an administrative capacity at least 50% of the day shall | ||||||
| 6 | complete one Illinois Administrators' Academy course, as | ||||||
| 7 | described in Article 2 of this Code, each fiscal year in | ||||||
| 8 | addition to 100 hours of professional development per | ||||||
| 9 | 5-year renewal cycle in accordance with this Code. | ||||||
| 10 | (4) Any licensee holding a current National Board for | ||||||
| 11 | Professional Teaching Standards (NBPTS) master teacher | ||||||
| 12 | designation shall complete a total of 60 hours of | ||||||
| 13 | professional development per 5-year renewal cycle in order | ||||||
| 14 | to renew the license. | ||||||
| 15 | (5) Licensees working in a position that does not | ||||||
| 16 | require educator licensure or working in a position for | ||||||
| 17 | less than 50% for any particular year are considered to be | ||||||
| 18 | exempt and shall be required to pay only the registration | ||||||
| 19 | fee in order to renew and maintain the validity of the | ||||||
| 20 | license. | ||||||
| 21 | (6) Licensees who are retired and qualify for benefits | ||||||
| 22 | from a State retirement system shall notify the State Board | ||||||
| 23 | of Education using ELIS, and the license shall be | ||||||
| 24 | maintained in retired status. An individual with a license | ||||||
| 25 | in retired status shall not be required to complete | ||||||
| 26 | professional development activities or pay registration | ||||||
| |||||||
| |||||||
| 1 | fees until returning to a position that requires educator | ||||||
| 2 | licensure. Upon returning to work in a position that | ||||||
| 3 | requires the Professional Educator License, the licensee | ||||||
| 4 | shall immediately pay a registration fee and complete | ||||||
| 5 | renewal requirements for that year. A license in retired | ||||||
| 6 | status cannot lapse. | ||||||
| 7 | (7) For any renewal cycle in which professional | ||||||
| 8 | development hours were required, but not fulfilled, the | ||||||
| 9 | licensee shall complete any missed hours to total the | ||||||
| 10 | minimum professional development hours required in this | ||||||
| 11 | Section prior to September 1 of that year. For any fiscal | ||||||
| 12 | year or renewal cycle in which an Illinois Administrators' | ||||||
| 13 | Academy course was required but not completed, the licensee | ||||||
| 14 | shall complete any missed Illinois Administrators' Academy | ||||||
| 15 | courses prior to September 1 of that year. The licensee may | ||||||
| 16 | complete all deficient hours and Illinois Administrators' | ||||||
| 17 | Academy courses while continuing to work in a position that | ||||||
| 18 | requires that license until September 1 of that year. | ||||||
| 19 | (8) Any licensee who has not fulfilled the professional | ||||||
| 20 | development renewal requirements set forth in this Section | ||||||
| 21 | at the end of any 5-year renewal cycle is ineligible to | ||||||
| 22 | register his or her license and may submit an appeal to the | ||||||
| 23 | State Superintendent of Education for reinstatement of the | ||||||
| 24 | license. | ||||||
| 25 | (9) If professional development opportunities were | ||||||
| 26 | unavailable to a licensee, proof that opportunities were | ||||||
| |||||||
| |||||||
| 1 | unavailable and request for an extension of time beyond | ||||||
| 2 | August 31 to complete the renewal requirements may be | ||||||
| 3 | submitted from April 1 through June 30 of that year to the | ||||||
| 4 | State Educator Preparation and Licensure Board. If an | ||||||
| 5 | extension is approved, the license shall remain valid | ||||||
| 6 | during the extension period. | ||||||
| 7 | (10) Individuals who hold exempt licenses prior to | ||||||
| 8 | December 27, 2013 (the effective date of Public Act 98-610) | ||||||
| 9 | this amendatory Act of the 98th General Assembly shall | ||||||
| 10 | commence the annual renewal process with the first | ||||||
| 11 | scheduled registration due after December 27, 2013 (the | ||||||
| 12 | effective date of Public Act 98-610) this amendatory Act of | ||||||
| 13 | the 98th General Assembly. | ||||||
| 14 | (f) At the time of renewal, each licensee shall respond to | ||||||
| 15 | the required questions under penalty of perjury. | ||||||
| 16 | (g) The following entities shall be designated as approved | ||||||
| 17 | to provide professional development activities for the renewal | ||||||
| 18 | of Professional Educator Licenses: | ||||||
| 19 | (1) The State Board of Education. | ||||||
| 20 | (2) Regional offices of education and intermediate | ||||||
| 21 | service centers. | ||||||
| 22 | (3) Illinois professional associations representing | ||||||
| 23 | the following groups that are approved by the State | ||||||
| 24 | Superintendent of Education: | ||||||
| 25 | (A) school administrators; | ||||||
| 26 | (B) principals; | ||||||
| |||||||
| |||||||
| 1 | (C) school business officials; | ||||||
| 2 | (D) teachers, including special education | ||||||
| 3 | teachers; | ||||||
| 4 | (E) school boards; | ||||||
| 5 | (F) school districts; | ||||||
| 6 | (G) parents; and | ||||||
| 7 | (H) school service personnel. | ||||||
| 8 | (4) Regionally accredited institutions of higher | ||||||
| 9 | education that offer Illinois-approved educator | ||||||
| 10 | preparation programs and public community colleges subject | ||||||
| 11 | to the Public Community College Act. | ||||||
| 12 | (5) Illinois public school districts, charter schools | ||||||
| 13 | authorized under Article 27A of this Code, and joint | ||||||
| 14 | educational programs authorized under Article 10 of this | ||||||
| 15 | Code for the purposes of providing career and technical | ||||||
| 16 | education or special education services. | ||||||
| 17 | (6) A not-for-profit organization that, as of December | ||||||
| 18 | 31, 2014 (the effective date of Public Act 98-1147) this | ||||||
| 19 | amendatory Act of the 98th General Assembly, has had or has | ||||||
| 20 | a grant from or a contract with the State Board of | ||||||
| 21 | Education to provide professional development services in | ||||||
| 22 | the area of English Learning to Illinois school districts, | ||||||
| 23 | teachers, or administrators. | ||||||
| 24 | (7) State agencies, State boards, and State | ||||||
| 25 | commissions. | ||||||
| 26 | (8) (7) Museums as defined in Section 10 of the Museum | ||||||
| |||||||
| |||||||
| 1 | Disposition of Property Act. | ||||||
| 2 | (h) Approved providers under subsection (g) of this Section | ||||||
| 3 | shall make available professional development opportunities | ||||||
| 4 | that satisfy at least one of the following: | ||||||
| 5 | (1) increase the knowledge and skills of school and | ||||||
| 6 | district leaders who guide continuous professional | ||||||
| 7 | development; | ||||||
| 8 | (2) improve the learning of students; | ||||||
| 9 | (3) organize adults into learning communities whose | ||||||
| 10 | goals are aligned with those of the school and district; | ||||||
| 11 | (4) deepen educator's content knowledge; | ||||||
| 12 | (5) provide educators with research-based | ||||||
| 13 | instructional strategies to assist students in meeting | ||||||
| 14 | rigorous academic standards; | ||||||
| 15 | (6) prepare educators to appropriately use various | ||||||
| 16 | types of classroom assessments; | ||||||
| 17 | (7) use learning strategies appropriate to the | ||||||
| 18 | intended goals; | ||||||
| 19 | (8) provide educators with the knowledge and skills to | ||||||
| 20 | collaborate; or | ||||||
| 21 | (9) prepare educators to apply research to | ||||||
| 22 | decision-making. | ||||||
| 23 | (i) Approved providers under subsection (g) of this Section | ||||||
| 24 | shall do the following: | ||||||
| 25 | (1) align professional development activities to the | ||||||
| 26 | State-approved national standards for professional | ||||||
| |||||||
| |||||||
| 1 | learning; | ||||||
| 2 | (2) meet the professional development criteria for | ||||||
| 3 | Illinois licensure renewal; | ||||||
| 4 | (3) produce a rationale for the activity that explains | ||||||
| 5 | how it aligns to State standards and identify the | ||||||
| 6 | assessment for determining the expected impact on student | ||||||
| 7 | learning or school improvement; | ||||||
| 8 | (4) maintain original documentation for completion of | ||||||
| 9 | activities; and | ||||||
| 10 | (5) provide license holders with evidence of | ||||||
| 11 | completion of activities. | ||||||
| 12 | (j) The State Board of Education shall conduct annual | ||||||
| 13 | audits of approved providers, except for school districts, | ||||||
| 14 | which shall be audited by regional offices of education and | ||||||
| 15 | intermediate service centers. The State Board of Education | ||||||
| 16 | shall complete random audits of licensees. | ||||||
| 17 | (1) Approved providers shall annually submit to the | ||||||
| 18 | State Board of Education a list of subcontractors used for | ||||||
| 19 | delivery of professional development activities for which | ||||||
| 20 | renewal credit was issued and other information as defined | ||||||
| 21 | by rule. | ||||||
| 22 | (2) Approved providers shall annually submit data to | ||||||
| 23 | the State Board of Education demonstrating how the | ||||||
| 24 | professional development activities impacted one or more | ||||||
| 25 | of the following: | ||||||
| 26 | (A) educator and student growth in regards to | ||||||
| |||||||
| |||||||
| 1 | content knowledge or skills, or both; | ||||||
| 2 | (B) educator and student social and emotional | ||||||
| 3 | growth; or | ||||||
| 4 | (C) alignment to district or school improvement | ||||||
| 5 | plans. | ||||||
| 6 | (3) The State Superintendent of Education shall review | ||||||
| 7 | the annual data collected by the State Board of Education, | ||||||
| 8 | regional offices of education, and intermediate service | ||||||
| 9 | centers in audits to determine if the approved provider has | ||||||
| 10 | met the criteria and should continue to be an approved | ||||||
| 11 | provider or if further action should be taken as provided | ||||||
| 12 | in rules. | ||||||
| 13 | (k) Registration fees shall be paid for the next renewal | ||||||
| 14 | cycle between April 1 and June 30 in the last year of each | ||||||
| 15 | 5-year renewal cycle using ELIS. If all required professional | ||||||
| 16 | development hours for the renewal cycle have been completed and | ||||||
| 17 | entered by the licensee, the licensee shall pay the | ||||||
| 18 | registration fees for the next cycle using a form of credit or | ||||||
| 19 | debit card. | ||||||
| 20 | (l) Beginning July 1, 2014, any professional educator | ||||||
| 21 | licensee endorsed for school support personnel who is employed | ||||||
| 22 | and performing services in Illinois public schools and who | ||||||
| 23 | holds an active and current professional license issued by the | ||||||
| 24 | Department of Financial and Professional Regulation related to | ||||||
| 25 | the endorsement areas on the Professional Educator License | ||||||
| 26 | shall be deemed to have satisfied the continuing professional | ||||||
| |||||||
| |||||||
| 1 | development requirements provided for in this Section. Such | ||||||
| 2 | individuals shall be required to pay only registration fees to | ||||||
| 3 | renew the Professional Educator License. An individual who does | ||||||
| 4 | not hold a license issued by the Department of Financial and | ||||||
| 5 | Professional Regulation shall complete professional | ||||||
| 6 | development requirements for the renewal of a Professional | ||||||
| 7 | Educator License provided for in this Section. | ||||||
| 8 | (m) Appeals to the State Educator Preparation and Licensure | ||||||
| 9 | Board
must be made within 30 days after receipt of notice from | ||||||
| 10 | the State Superintendent of Education that a license will not | ||||||
| 11 | be renewed based upon failure to complete the requirements of | ||||||
| 12 | this Section. A licensee may appeal that decision to the State | ||||||
| 13 | Educator Preparation and Licensure Board in a manner prescribed | ||||||
| 14 | by rule. | ||||||
| 15 | (1) Each appeal shall state the reasons why the State | ||||||
| 16 | Superintendent's decision should be reversed and shall be | ||||||
| 17 | sent by certified mail, return receipt requested, to the | ||||||
| 18 | State Board of Education. | ||||||
| 19 | (2) The State Educator Preparation and Licensure Board | ||||||
| 20 | shall review each appeal regarding renewal of a license | ||||||
| 21 | within 90 days after receiving the appeal in order to | ||||||
| 22 | determine whether the licensee has met the requirements of | ||||||
| 23 | this Section. The State Educator Preparation and Licensure | ||||||
| 24 | Board may hold an appeal hearing or may make its | ||||||
| 25 | determination based upon the record of review, which shall | ||||||
| 26 | consist of the following: | ||||||
| |||||||
| |||||||
| 1 | (A) the regional superintendent of education's | ||||||
| 2 | rationale for recommending nonrenewal of the license, | ||||||
| 3 | if applicable; | ||||||
| 4 | (B) any evidence submitted to the State | ||||||
| 5 | Superintendent along with the individual's electronic | ||||||
| 6 | statement of assurance for renewal; and | ||||||
| 7 | (C) the State Superintendent's rationale for | ||||||
| 8 | nonrenewal of the license. | ||||||
| 9 | (3) The State Educator Preparation and Licensure Board | ||||||
| 10 | shall notify the licensee of its decision regarding license | ||||||
| 11 | renewal by certified mail, return receipt requested, no | ||||||
| 12 | later than 30 days after reaching a decision. Upon receipt | ||||||
| 13 | of notification of renewal, the licensee, using ELIS, shall | ||||||
| 14 | pay the applicable registration fee for the next cycle | ||||||
| 15 | using a form of credit or debit card. | ||||||
| 16 | (n) The State Board of Education may adopt rules as may be | ||||||
| 17 | necessary to implement this Section. | ||||||
| 18 | (Source: P.A. 98-610, eff. 12-27-13; 98-1147, eff. 12-31-14; | ||||||
| 19 | 99-58, eff. 7-16-15; 99-130, eff. 7-24-15; revised 10-21-15.)
| ||||||
| 20 | (105 ILCS 5/22-30)
| ||||||
| 21 | Sec. 22-30. Self-administration and self-carry of asthma | ||||||
| 22 | medication and epinephrine auto-injectors; administration of | ||||||
| 23 | undesignated epinephrine auto-injectors; administration of an | ||||||
| 24 | opioid antagonist.
| ||||||
| 25 | (a) For the purpose of this Section only, the following | ||||||
| |||||||
| |||||||
| 1 | terms shall have the meanings set forth below:
| ||||||
| 2 | "Asthma inhaler" means a quick reliever asthma inhaler. | ||||||
| 3 | "Epinephrine auto-injector" means a single-use device used | ||||||
| 4 | for the automatic injection of a pre-measured dose of | ||||||
| 5 | epinephrine into the human body.
| ||||||
| 6 | "Asthma medication" means a medicine, prescribed by (i) a | ||||||
| 7 | physician
licensed to practice medicine in all its branches,
| ||||||
| 8 | (ii) a licensed physician assistant prescriptive authority, or | ||||||
| 9 | (iii) a licensed advanced practice
nurse prescriptive | ||||||
| 10 | authority
for a pupil that pertains to the pupil's
asthma and | ||||||
| 11 | that has an individual prescription label.
| ||||||
| 12 | "Opioid antagonist" means a drug that binds to opioid | ||||||
| 13 | receptors and blocks or inhibits the effect of opioids acting | ||||||
| 14 | on those receptors, including, but not limited to, naloxone | ||||||
| 15 | hydrochloride or any other similarly acting drug approved by | ||||||
| 16 | the U.S. Food and Drug Administration. | ||||||
| 17 | "School nurse" means a registered nurse working in a school | ||||||
| 18 | with or without licensure endorsed in school nursing. | ||||||
| 19 | "Self-administration" means a pupil's discretionary use of | ||||||
| 20 | his or
her prescribed asthma medication or epinephrine | ||||||
| 21 | auto-injector.
| ||||||
| 22 | "Self-carry" means a pupil's ability to carry his or her | ||||||
| 23 | prescribed asthma medication or epinephrine auto-injector. | ||||||
| 24 | "Standing protocol" may be issued by (i) a physician | ||||||
| 25 | licensed to practice medicine in all its branches, (ii) a | ||||||
| 26 | licensed physician assistant prescriptive authority, or (iii) | ||||||
| |||||||
| |||||||
| 1 | a licensed advanced practice nurse prescriptive. | ||||||
| 2 | "Trained personnel" means any school employee or volunteer | ||||||
| 3 | personnel authorized in Sections 10-22.34, 10-22.34a, and | ||||||
| 4 | 10-22.34b of this Code who has completed training under | ||||||
| 5 | subsection (g) of this Section to recognize and respond to | ||||||
| 6 | anaphylaxis. | ||||||
| 7 | "Undesignated epinephrine auto-injector" means an | ||||||
| 8 | epinephrine auto-injector prescribed in the name of a school | ||||||
| 9 | district, public school, or nonpublic school. | ||||||
| 10 | (b) A school, whether public or nonpublic, must permit the
| ||||||
| 11 | self-administration and self-carry of asthma
medication by a | ||||||
| 12 | pupil with asthma or the self-administration and self-carry of | ||||||
| 13 | an epinephrine auto-injector by a pupil, provided that:
| ||||||
| 14 | (1) the parents or
guardians of the pupil provide to | ||||||
| 15 | the school (i) written
authorization from the parents or | ||||||
| 16 | guardians for (A) the self-administration and self-carry | ||||||
| 17 | of asthma medication or (B) the self-carry of asthma | ||||||
| 18 | medication or (ii) for (A) the self-administration and | ||||||
| 19 | self-carry of an epinephrine auto-injector or (B) the | ||||||
| 20 | self-carry of an epinephrine auto-injector, written | ||||||
| 21 | authorization from the pupil's physician, physician | ||||||
| 22 | assistant, or advanced practice nurse; and
| ||||||
| 23 | (2) the
parents or guardians of the pupil provide to | ||||||
| 24 | the school (i) the prescription label, which must contain | ||||||
| 25 | the name of the asthma medication, the prescribed dosage, | ||||||
| 26 | and the time at which or circumstances under which the | ||||||
| |||||||
| |||||||
| 1 | asthma medication is to be administered, or (ii) for the | ||||||
| 2 | self-administration or self-carry of an epinephrine | ||||||
| 3 | auto-injector, a
written
statement from the pupil's | ||||||
| 4 | physician, physician assistant, or advanced practice
nurse | ||||||
| 5 | containing
the following information:
| ||||||
| 6 | (A) the name and purpose of the epinephrine | ||||||
| 7 | auto-injector;
| ||||||
| 8 | (B) the prescribed dosage; and
| ||||||
| 9 | (C) the time or times at which or the special | ||||||
| 10 | circumstances
under which the epinephrine | ||||||
| 11 | auto-injector is to be administered.
| ||||||
| 12 | The information provided shall be kept on file in the office of | ||||||
| 13 | the school
nurse or,
in the absence of a school nurse, the | ||||||
| 14 | school's administrator.
| ||||||
| 15 | (b-5) A school district, public school, or nonpublic school | ||||||
| 16 | may authorize the provision of a student-specific or | ||||||
| 17 | undesignated epinephrine auto-injector to a student or any | ||||||
| 18 | personnel authorized under a student's Individual Health Care | ||||||
| 19 | Action Plan, Illinois Food Allergy Emergency Action Plan and | ||||||
| 20 | Treatment Authorization Form, or plan pursuant to Section 504 | ||||||
| 21 | of the federal Rehabilitation Act of 1973 to administer an | ||||||
| 22 | epinephrine auto-injector to the student, that meets the | ||||||
| 23 | student's prescription on file. | ||||||
| 24 | (b-10) The school district, public school, or nonpublic | ||||||
| 25 | school may authorize a school nurse or trained personnel to do | ||||||
| 26 | the following: (i) provide an undesignated epinephrine | ||||||
| |||||||
| |||||||
| 1 | auto-injector to a student for self-administration only or any | ||||||
| 2 | personnel authorized under a student's Individual Health Care | ||||||
| 3 | Action Plan, Illinois Food Allergy Emergency Action Plan and | ||||||
| 4 | Treatment Authorization Form, or plan pursuant to Section 504 | ||||||
| 5 | of the federal Rehabilitation Act of 1973 to administer to the | ||||||
| 6 | student, that meets the student's prescription on file; (ii) | ||||||
| 7 | administer an undesignated epinephrine auto-injector that | ||||||
| 8 | meets the prescription on file to any student who has an | ||||||
| 9 | Individual Health Care Action Plan, Illinois Food Allergy | ||||||
| 10 | Emergency Action Plan and Treatment Authorization Form, or plan | ||||||
| 11 | pursuant to Section 504 of the federal Rehabilitation Act of | ||||||
| 12 | 1973 that authorizes the use of an epinephrine auto-injector; | ||||||
| 13 | (iii) administer an undesignated epinephrine auto-injector to | ||||||
| 14 | any person that the school nurse or trained personnel in good | ||||||
| 15 | faith believes is having an anaphylactic reaction; and (iv) | ||||||
| 16 | administer an opioid antagonist to any person that the school | ||||||
| 17 | nurse or trained personnel in good faith believes is having an | ||||||
| 18 | opioid overdose. | ||||||
| 19 | (c) The school district, public school, or nonpublic school | ||||||
| 20 | must inform the parents or
guardians of the
pupil, in writing, | ||||||
| 21 | that the school district, public school, or nonpublic school | ||||||
| 22 | and its
employees and
agents, including a physician, physician | ||||||
| 23 | assistant, or advanced practice nurse providing standing | ||||||
| 24 | protocol or prescription for school epinephrine | ||||||
| 25 | auto-injectors,
are to incur no liability or professional | ||||||
| 26 | discipline, except for willful and wanton conduct, as a result
| ||||||
| |||||||
| |||||||
| 1 | of any injury arising from the
administration of asthma | ||||||
| 2 | medication, an epinephrine auto-injector, or an opioid | ||||||
| 3 | antagonist regardless of whether authorization was given by the | ||||||
| 4 | pupil's parents or guardians or by the pupil's physician, | ||||||
| 5 | physician assistant, or advanced practice nurse. The parents or | ||||||
| 6 | guardians
of the pupil must sign a statement acknowledging that | ||||||
| 7 | the school district, public school,
or nonpublic school and its | ||||||
| 8 | employees and agents are to incur no liability, except for | ||||||
| 9 | willful and wanton
conduct, as a result of any injury arising
| ||||||
| 10 | from the
administration of asthma medication, an epinephrine | ||||||
| 11 | auto-injector, or an opioid antagonist regardless of whether | ||||||
| 12 | authorization was given by the pupil's parents or guardians or | ||||||
| 13 | by the pupil's physician, physician assistant, or advanced | ||||||
| 14 | practice nurse and that the parents or
guardians must indemnify | ||||||
| 15 | and hold harmless the school district, public school, or | ||||||
| 16 | nonpublic
school and
its
employees and agents against any | ||||||
| 17 | claims, except a claim based on willful and
wanton conduct, | ||||||
| 18 | arising out of the
administration of asthma medication, an | ||||||
| 19 | epinephrine auto-injector, or an opioid antagonist regardless | ||||||
| 20 | of whether authorization was given by the pupil's parents or | ||||||
| 21 | guardians or by the pupil's physician, physician assistant, or | ||||||
| 22 | advanced practice nurse. | ||||||
| 23 | (c-5) When a school nurse or trained personnel administers | ||||||
| 24 | an undesignated epinephrine auto-injector to a person whom the | ||||||
| 25 | school nurse or trained personnel in good faith believes is | ||||||
| 26 | having an anaphylactic reaction, or administers an opioid | ||||||
| |||||||
| |||||||
| 1 | antagonist to a person whom the school nurse or trained | ||||||
| 2 | personnel in good faith believes is having an opioid overdose, | ||||||
| 3 | notwithstanding the lack of notice to the parents or guardians | ||||||
| 4 | of the pupil or the absence of the parents or guardians signed | ||||||
| 5 | statement acknowledging no liability, except for willful and | ||||||
| 6 | wanton conduct, the school district, public school, or | ||||||
| 7 | nonpublic school and its employees and agents, and a physician, | ||||||
| 8 | a physician assistant, or an advanced practice nurse providing | ||||||
| 9 | standing protocol or prescription for undesignated epinephrine | ||||||
| 10 | auto-injectors, are to incur no liability or professional | ||||||
| 11 | discipline, except for willful and wanton conduct, as a result | ||||||
| 12 | of any injury arising from the use of an undesignated | ||||||
| 13 | epinephrine auto-injector or the use of an opioid antagonist | ||||||
| 14 | regardless of whether authorization was given by the pupil's | ||||||
| 15 | parents or guardians or by the pupil's physician, physician | ||||||
| 16 | assistant, or advanced practice nurse.
| ||||||
| 17 | (d) The permission for self-administration and self-carry | ||||||
| 18 | of asthma medication or the self-administration and self-carry | ||||||
| 19 | of an epinephrine auto-injector is effective
for the school | ||||||
| 20 | year for which it is granted and shall be renewed each
| ||||||
| 21 | subsequent school year upon fulfillment of the requirements of | ||||||
| 22 | this
Section.
| ||||||
| 23 | (e) Provided that the requirements of this Section are | ||||||
| 24 | fulfilled, a
pupil with asthma may self-administer and | ||||||
| 25 | self-carry his or her asthma medication or a pupil may | ||||||
| 26 | self-administer and self-carry an epinephrine auto-injector | ||||||
| |||||||
| |||||||
| 1 | (i) while in
school, (ii) while at a school-sponsored activity, | ||||||
| 2 | (iii) while under the
supervision of
school personnel, or (iv) | ||||||
| 3 | before or after normal school activities, such
as while in | ||||||
| 4 | before-school or after-school care on school-operated
| ||||||
| 5 | property.
| ||||||
| 6 | (e-5) Provided that the requirements of this Section are | ||||||
| 7 | fulfilled, a school nurse or trained personnel may administer | ||||||
| 8 | an undesignated epinephrine auto-injector to any person whom | ||||||
| 9 | the school nurse or trained personnel in good faith believes to | ||||||
| 10 | be having an anaphylactic reaction (i) while in school, (ii) | ||||||
| 11 | while at a school-sponsored activity, (iii) while under the | ||||||
| 12 | supervision of school personnel, or (iv) before or after normal | ||||||
| 13 | school activities, such
as while in before-school or | ||||||
| 14 | after-school care on school-operated property. A school nurse | ||||||
| 15 | or trained personnel may carry undesignated epinephrine | ||||||
| 16 | auto-injectors on his or her person while in school or at a | ||||||
| 17 | school-sponsored activity. | ||||||
| 18 | (e-10) Provided that the requirements of this Section are | ||||||
| 19 | fulfilled, a school nurse or trained personnel may administer | ||||||
| 20 | an opioid antagonist to any person whom the school nurse or | ||||||
| 21 | trained personnel in good faith believes to be having an opioid | ||||||
| 22 | overdose (i) while in school, (ii) while at a school-sponsored | ||||||
| 23 | activity, (iii) while under the supervision of school | ||||||
| 24 | personnel, or (iv) before or after normal school activities, | ||||||
| 25 | such as while in before-school or after-school care on | ||||||
| 26 | school-operated property. A school nurse or trained personnel | ||||||
| |||||||
| |||||||
| 1 | may carry an opioid antagonist on their person while in school | ||||||
| 2 | or at a school-sponsored activity. | ||||||
| 3 | (f) The school district, public school, or nonpublic school | ||||||
| 4 | may maintain a supply of undesignated epinephrine | ||||||
| 5 | auto-injectors in any secure location where an allergic person | ||||||
| 6 | is most at risk, including, but not limited to, classrooms and | ||||||
| 7 | lunchrooms. A physician, a physician assistant who has been | ||||||
| 8 | delegated prescriptive authority in accordance with Section | ||||||
| 9 | 7.5 of the Physician Assistant Practice Act of 1987, or an | ||||||
| 10 | advanced practice nurse who has been delegated prescriptive | ||||||
| 11 | authority in accordance with Section 65-40 of the Nurse | ||||||
| 12 | Practice Act may prescribe undesignated epinephrine | ||||||
| 13 | auto-injectors in the name of the school district, public | ||||||
| 14 | school, or nonpublic school to be maintained for use when | ||||||
| 15 | necessary. Any supply of epinephrine auto-injectors shall be | ||||||
| 16 | maintained in accordance with the manufacturer's instructions. | ||||||
| 17 | The school district, public school, or nonpublic school may | ||||||
| 18 | maintain a supply of an opioid antagonist in any secure | ||||||
| 19 | location where an individual may have an opioid overdose. A | ||||||
| 20 | health care professional who has been delegated prescriptive | ||||||
| 21 | authority for opioid antagonists in accordance with Section | ||||||
| 22 | 5-23 of the Alcoholism and Other Drug Abuse and Dependency Act | ||||||
| 23 | may prescribe opioid antagonists in the name of the school | ||||||
| 24 | district, public school, or nonpublic school, to be maintained | ||||||
| 25 | for use when necessary. Any supply of opioid antagonists shall | ||||||
| 26 | be maintained in accordance with the manufacturer's | ||||||
| |||||||
| |||||||
| 1 | instructions. | ||||||
| 2 | (f-5) Upon any administration of an epinephrine | ||||||
| 3 | auto-injector, a school district, public school, or nonpublic | ||||||
| 4 | school must immediately activate the EMS system and notify the | ||||||
| 5 | student's parent, guardian, or emergency contact, if known. | ||||||
| 6 | Upon any administration of an opioid antagonist, a school | ||||||
| 7 | district, public school, or nonpublic school must immediately | ||||||
| 8 | activate the EMS system and notify the student's parent, | ||||||
| 9 | guardian, or emergency contact, if known. | ||||||
| 10 | (f-10) Within 24 hours of the administration of an | ||||||
| 11 | undesignated epinephrine auto-injector, a school district, | ||||||
| 12 | public school, or nonpublic school must notify the physician, | ||||||
| 13 | physician assistant, or advanced advance practice nurse who | ||||||
| 14 | provided the standing protocol or prescription for the | ||||||
| 15 | undesignated epinephrine auto-injector of its use. | ||||||
| 16 | Within 24 hours after the administration of an opioid | ||||||
| 17 | antagonist, a school district, public school, or nonpublic | ||||||
| 18 | school must notify the health care professional who provided | ||||||
| 19 | the prescription for the opioid antagonist of its use. | ||||||
| 20 | (g) Prior to the administration of an undesignated | ||||||
| 21 | epinephrine auto-injector, trained personnel must submit to | ||||||
| 22 | their his or her school's administration proof of completion of | ||||||
| 23 | a training curriculum to recognize and respond to anaphylaxis | ||||||
| 24 | that meets the requirements of subsection (h) of this Section. | ||||||
| 25 | Training must be completed annually. Trained personnel must | ||||||
| 26 | also submit to their his or her school's administration proof | ||||||
| |||||||
| |||||||
| 1 | of cardiopulmonary resuscitation and automated external | ||||||
| 2 | defibrillator certification. The school district, public | ||||||
| 3 | school, or nonpublic school must maintain records related to | ||||||
| 4 | the training curriculum and trained personnel. | ||||||
| 5 | Prior to the administration of an opioid antagonist, | ||||||
| 6 | trained personnel must submit to their school's administration | ||||||
| 7 | proof of completion of a training curriculum to recognize and | ||||||
| 8 | respond to an opioid overdose, which curriculum must meet the | ||||||
| 9 | requirements of subsection (h-5) of this Section. Training must | ||||||
| 10 | be completed annually. Trained personnel must also submit to | ||||||
| 11 | the school's administration proof of cardiopulmonary | ||||||
| 12 | resuscitation and automated external defibrillator | ||||||
| 13 | certification. The school district, public school, or | ||||||
| 14 | nonpublic school must maintain records relating to the training | ||||||
| 15 | curriculum and the trained personnel. | ||||||
| 16 | (h) A training curriculum to recognize and respond to | ||||||
| 17 | anaphylaxis, including the administration of an undesignated | ||||||
| 18 | epinephrine auto-injector, may be conducted online or in | ||||||
| 19 | person. It must include, but is not limited to: | ||||||
| 20 | (1) how to recognize symptoms of an allergic reaction; | ||||||
| 21 | (2) a review of high-risk areas within the school and | ||||||
| 22 | its related facilities; | ||||||
| 23 | (3) steps to take to prevent exposure to allergens; | ||||||
| 24 | (4) how to respond to an emergency involving an | ||||||
| 25 | allergic reaction; | ||||||
| 26 | (5) how to administer an epinephrine auto-injector; | ||||||
| |||||||
| |||||||
| 1 | (6) how to respond to a student with a known allergy as | ||||||
| 2 | well as a student with a previously unknown allergy; | ||||||
| 3 | (7) a test demonstrating competency of the knowledge | ||||||
| 4 | required to recognize anaphylaxis and administer an | ||||||
| 5 | epinephrine auto-injector; and | ||||||
| 6 | (8) other criteria as determined in rules adopted | ||||||
| 7 | pursuant to this Section. | ||||||
| 8 | In consultation with statewide professional organizations | ||||||
| 9 | representing physicians licensed to practice medicine in all of | ||||||
| 10 | its branches, registered nurses, and school nurses, the State | ||||||
| 11 | Board of Education shall make available resource materials | ||||||
| 12 | consistent with criteria in this subsection (h) for educating | ||||||
| 13 | trained personnel to recognize and respond to anaphylaxis. The | ||||||
| 14 | State Board may take into consideration the curriculum on this | ||||||
| 15 | subject developed by other states, as well as any other | ||||||
| 16 | curricular materials suggested by medical experts and other | ||||||
| 17 | groups that work on life-threatening allergy issues. The State | ||||||
| 18 | Board is not required to create new resource materials. The | ||||||
| 19 | State Board shall make these resource materials available on | ||||||
| 20 | its Internet website. | ||||||
| 21 | (h-5) A training curriculum to recognize and respond to an | ||||||
| 22 | opioid overdose, including the administration of an opioid | ||||||
| 23 | antagonist, may be conducted online or in person. The training | ||||||
| 24 | must comply with any training requirements under Section 5-23 | ||||||
| 25 | of the Alcoholism and Other Drug Abuse and Dependency Act and | ||||||
| 26 | the corresponding rules. It must include, but is not limited | ||||||
| |||||||
| |||||||
| 1 | to: | ||||||
| 2 | (1) how to recognize symptoms of an opioid overdose; | ||||||
| 3 | (2) information on drug overdose prevention and | ||||||
| 4 | recognition; | ||||||
| 5 | (3) how to perform rescue breathing and resuscitation; | ||||||
| 6 | (4) how to respond to an emergency involving an opioid | ||||||
| 7 | overdose; | ||||||
| 8 | (5) opioid antagonist dosage and administration; | ||||||
| 9 | (6) the importance of calling 911; | ||||||
| 10 | (7) care for the overdose victim after administration | ||||||
| 11 | of the overdose antagonist; | ||||||
| 12 | (8) a test demonstrating competency of the knowledge | ||||||
| 13 | required to recognize an opioid overdose and administer a | ||||||
| 14 | dose of an opioid antagonist; and | ||||||
| 15 | (9) other criteria as determined in rules adopted | ||||||
| 16 | pursuant to this Section. | ||||||
| 17 | (i) Within 3 days after the administration of an | ||||||
| 18 | undesignated epinephrine auto-injector by a school nurse, | ||||||
| 19 | trained personnel, or a student at a school or school-sponsored | ||||||
| 20 | activity, the school must report to the State Board in a form | ||||||
| 21 | and manner prescribed by the State Board the following | ||||||
| 22 | information: | ||||||
| 23 | (1) age and type of person receiving epinephrine | ||||||
| 24 | (student, staff, visitor); | ||||||
| 25 | (2) any previously known diagnosis of a severe allergy; | ||||||
| 26 | (3) trigger that precipitated allergic episode; | ||||||
| |||||||
| |||||||
| 1 | (4) location where symptoms developed; | ||||||
| 2 | (5) number of doses administered; | ||||||
| 3 | (6) type of person administering epinephrine (school | ||||||
| 4 | nurse, trained personnel, student); and | ||||||
| 5 | (7) any other information required by the State Board. | ||||||
| 6 | (i-5) Within 3 days after the administration of an opioid | ||||||
| 7 | antagonist by a school nurse or trained personnel, the school | ||||||
| 8 | must report to the State Board, in a form and manner prescribed | ||||||
| 9 | by the State Board, the following information: | ||||||
| 10 | (1) the age and type of person receiving the opioid | ||||||
| 11 | antagonist (student, staff, or visitor); | ||||||
| 12 | (2) the location where symptoms developed; | ||||||
| 13 | (3) the type of person administering the opioid | ||||||
| 14 | antagonist (school nurse or trained personnel); and | ||||||
| 15 | (4) any other information required by the State Board. | ||||||
| 16 | (j) By October 1, 2015 and every year thereafter, the State | ||||||
| 17 | Board shall submit a report to the General Assembly identifying | ||||||
| 18 | the frequency and circumstances of epinephrine administration | ||||||
| 19 | during the preceding academic year. This report shall be | ||||||
| 20 | published on the State Board's Internet website on the date the | ||||||
| 21 | report is delivered to the General Assembly. | ||||||
| 22 | On or before October 1, 2016 and every year thereafter, the | ||||||
| 23 | State Board shall submit a report to the General Assembly and | ||||||
| 24 | the Department of Public Health identifying the frequency and | ||||||
| 25 | circumstances of opioid antagonist administration during the | ||||||
| 26 | preceding academic year. This report shall be published on the | ||||||
| |||||||
| |||||||
| 1 | State Board's Internet website on the date the report is | ||||||
| 2 | delivered to the General Assembly. | ||||||
| 3 | (k) The State Board may adopt rules necessary to implement | ||||||
| 4 | this Section. | ||||||
| 5 | (Source: P.A. 98-795, eff. 8-1-14; 99-173, eff. 7-29-15; | ||||||
| 6 | 99-480, eff. 9-9-15; revised 10-13-15.)
| ||||||
| 7 | (105 ILCS 5/22-80) | ||||||
| 8 | Sec. 22-80. Student athletes; concussions and head | ||||||
| 9 | injuries. | ||||||
| 10 | (a) The General Assembly recognizes all of the following: | ||||||
| 11 | (1) Concussions are one of the most commonly reported | ||||||
| 12 | injuries in children and adolescents who participate in | ||||||
| 13 | sports and recreational activities. The Centers for | ||||||
| 14 | Disease Control and Prevention estimates that as many as | ||||||
| 15 | 3,900,000 sports-related and recreation-related | ||||||
| 16 | concussions occur in the United States each year. A | ||||||
| 17 | concussion is caused by a blow or motion to the head or | ||||||
| 18 | body that causes the brain to move rapidly inside the | ||||||
| 19 | skull. The risk of catastrophic injuries or death are | ||||||
| 20 | significant when a concussion or head injury is not | ||||||
| 21 | properly evaluated and managed. | ||||||
| 22 | (2) Concussions are a type of brain injury that can | ||||||
| 23 | range from mild to severe and can disrupt the way the brain | ||||||
| 24 | normally works. Concussions can occur in any organized or | ||||||
| 25 | unorganized sport or recreational activity and can result | ||||||
| |||||||
| |||||||
| 1 | from a fall or from players colliding with each other, the | ||||||
| 2 | ground, or with obstacles. Concussions occur with or | ||||||
| 3 | without loss of consciousness, but the vast majority of | ||||||
| 4 | concussions occur without loss of consciousness. | ||||||
| 5 | (3) Continuing to play with a concussion or symptoms of | ||||||
| 6 | a head injury leaves a young athlete especially vulnerable | ||||||
| 7 | to greater injury and even death. The General Assembly | ||||||
| 8 | recognizes that, despite having generally recognized | ||||||
| 9 | return-to-play standards for concussions and head | ||||||
| 10 | injuries, some affected youth athletes are prematurely | ||||||
| 11 | returned to play, resulting in actual or potential physical | ||||||
| 12 | injury or death to youth athletes in this State. | ||||||
| 13 | (4) Student athletes who have sustained a concussion | ||||||
| 14 | may need informal or formal accommodations, modifications | ||||||
| 15 | of curriculum, and monitoring by medical or academic staff | ||||||
| 16 | until the student is fully recovered. To that end, all | ||||||
| 17 | schools are encouraged to establish a return-to-learn | ||||||
| 18 | protocol that is based on peer-reviewed scientific | ||||||
| 19 | evidence consistent with Centers for Disease Control and | ||||||
| 20 | Prevention guidelines and conduct baseline testing for | ||||||
| 21 | student athletes. | ||||||
| 22 | (b) In this Section: | ||||||
| 23 | "Athletic trainer" means an athletic trainer licensed | ||||||
| 24 | under the Illinois Athletic Trainers Practice Act. | ||||||
| 25 | "Coach" means any volunteer or employee of a school who is | ||||||
| 26 | responsible for organizing and supervising students to teach | ||||||
| |||||||
| |||||||
| 1 | them or train them in the fundamental skills of an | ||||||
| 2 | interscholastic athletic activity. "Coach" refers to both head | ||||||
| 3 | coaches and assistant coaches. | ||||||
| 4 | "Concussion" means a complex pathophysiological process | ||||||
| 5 | affecting the brain caused by a traumatic physical force or | ||||||
| 6 | impact to the head or body, which may include temporary or | ||||||
| 7 | prolonged altered brain function resulting in physical, | ||||||
| 8 | cognitive, or emotional symptoms or altered sleep patterns and | ||||||
| 9 | which may or may not involve a loss of consciousness. | ||||||
| 10 | "Department" means the Department of Financial and | ||||||
| 11 | Professional Regulation. | ||||||
| 12 | "Game official" means a person who officiates at an | ||||||
| 13 | interscholastic athletic activity, such as a referee or umpire, | ||||||
| 14 | including, but not limited to, persons enrolled as game | ||||||
| 15 | officials by the Illinois High School Association or Illinois | ||||||
| 16 | Elementary School Association. | ||||||
| 17 | "Interscholastic athletic activity" means any organized | ||||||
| 18 | school-sponsored or school-sanctioned activity for students, | ||||||
| 19 | generally outside of school instructional hours, under the | ||||||
| 20 | direction of a coach, athletic director, or band leader, | ||||||
| 21 | including, but not limited to, baseball, basketball, | ||||||
| 22 | cheerleading, cross country track, fencing, field hockey, | ||||||
| 23 | football, golf, gymnastics, ice hockey, lacrosse, marching | ||||||
| 24 | band, rugby, soccer, skating, softball, swimming and diving, | ||||||
| 25 | tennis, track (indoor and outdoor), ultimate Frisbee, | ||||||
| 26 | volleyball, water polo, and wrestling. All interscholastic | ||||||
| |||||||
| |||||||
| 1 | athletics are deemed to be interscholastic activities. | ||||||
| 2 | "Licensed healthcare professional" means a person who has | ||||||
| 3 | experience with concussion management and who is a nurse, a | ||||||
| 4 | psychologist who holds a license under the Clinical | ||||||
| 5 | Psychologist Licensing Act and specializes in the practice of | ||||||
| 6 | neuropsychology, a physical therapist licensed under the | ||||||
| 7 | Illinois Physical Therapy Act, an occupational therapist | ||||||
| 8 | licensed under the Illinois Occupational Therapy Practice Act. | ||||||
| 9 | "Nurse" means a person who is employed by or volunteers at | ||||||
| 10 | a school and is licensed under the Nurse Practice Act as a | ||||||
| 11 | registered nurse, practical nurse, or advanced practice nurse. | ||||||
| 12 | "Physician" means a physician licensed to practice | ||||||
| 13 | medicine in all of its branches under the Medical Practice Act | ||||||
| 14 | of 1987. | ||||||
| 15 | "School" means any public or private elementary or | ||||||
| 16 | secondary school, including a charter school. | ||||||
| 17 | "Student" means an adolescent or child enrolled in a | ||||||
| 18 | school. | ||||||
| 19 | (c) This Section applies to any interscholastic athletic | ||||||
| 20 | activity, including practice and competition, sponsored or | ||||||
| 21 | sanctioned by a school, the Illinois Elementary School | ||||||
| 22 | Association, or the Illinois High School Association. This | ||||||
| 23 | Section applies beginning with the 2016-2017 school year. | ||||||
| 24 | (d) The governing body of each public or charter school and | ||||||
| 25 | the appropriate administrative officer of a private school with | ||||||
| 26 | students enrolled who participate in an interscholastic | ||||||
| |||||||
| |||||||
| 1 | athletic activity shall appoint or approve a concussion | ||||||
| 2 | oversight team. Each concussion oversight team shall establish | ||||||
| 3 | a return-to-play protocol, based on peer-reviewed scientific | ||||||
| 4 | evidence consistent with Centers for Disease Control and | ||||||
| 5 | Prevention guidelines, for a student's return to | ||||||
| 6 | interscholastic athletics practice or competition following a | ||||||
| 7 | force or impact believed to have caused a concussion. Each | ||||||
| 8 | concussion oversight team shall also establish a | ||||||
| 9 | return-to-learn protocol, based on peer-reviewed scientific | ||||||
| 10 | evidence consistent with Centers for Disease Control and | ||||||
| 11 | Prevention guidelines, for a student's return to the classroom | ||||||
| 12 | after that student is believed to have experienced a | ||||||
| 13 | concussion, whether or not the concussion took place while the | ||||||
| 14 | student was participating in an interscholastic athletic | ||||||
| 15 | activity. | ||||||
| 16 | Each concussion oversight team must include to the extent | ||||||
| 17 | practicable at least one physician. If a school employs an | ||||||
| 18 | athletic trainer, the athletic trainer must be a member of the | ||||||
| 19 | school concussion oversight team to the extent practicable. If | ||||||
| 20 | a school employs a nurse, the nurse must be a member of the | ||||||
| 21 | school concussion oversight team to the extent practicable. At | ||||||
| 22 | a minimum, a school shall appoint a person who is responsible | ||||||
| 23 | for implementing and complying with the return-to-play and | ||||||
| 24 | return-to-learn protocols adopted by the concussion oversight | ||||||
| 25 | team. A school may appoint other licensed healthcare | ||||||
| 26 | professionals to serve on the concussion oversight team. | ||||||
| |||||||
| |||||||
| 1 | (e) A student may not participate in an interscholastic | ||||||
| 2 | athletic activity for a school year until the student and the | ||||||
| 3 | student's parent or guardian or another person with legal | ||||||
| 4 | authority to make medical decisions for the student have signed | ||||||
| 5 | a form for that school year that acknowledges receiving and | ||||||
| 6 | reading written information that explains concussion | ||||||
| 7 | prevention, symptoms, treatment, and oversight and that | ||||||
| 8 | includes guidelines for safely resuming participation in an | ||||||
| 9 | athletic activity following a concussion. The form must be | ||||||
| 10 | approved by the Illinois High School Association. | ||||||
| 11 | (f) A student must be removed from an interscholastic | ||||||
| 12 | athletics practice or competition immediately if one of the | ||||||
| 13 | following persons believes the student might have sustained a | ||||||
| 14 | concussion during the practice or competition: | ||||||
| 15 | (1) a coach; | ||||||
| 16 | (2) a physician; | ||||||
| 17 | (3) a game official; | ||||||
| 18 | (4) an athletic trainer; | ||||||
| 19 | (5) the student's parent or guardian or another person | ||||||
| 20 | with legal authority to make medical decisions for the | ||||||
| 21 | student; | ||||||
| 22 | (6) the student; or | ||||||
| 23 | (7) any other person deemed appropriate under the | ||||||
| 24 | school's return-to-play protocol. | ||||||
| 25 | (g) A student removed from an interscholastic athletics | ||||||
| 26 | practice or competition under this Section may not be permitted | ||||||
| |||||||
| |||||||
| 1 | to practice or compete again following the force or impact | ||||||
| 2 | believed to have caused the concussion until: | ||||||
| 3 | (1) the student has been evaluated, using established | ||||||
| 4 | medical protocols based on peer-reviewed scientific | ||||||
| 5 | evidence consistent with Centers for Disease Control and | ||||||
| 6 | Prevention guidelines, by a treating physician (chosen by | ||||||
| 7 | the student or the student's parent or guardian or another | ||||||
| 8 | person with legal authority to make medical decisions for | ||||||
| 9 | the student) or an athletic trainer working under the | ||||||
| 10 | supervision of a physician; | ||||||
| 11 | (2) the student has successfully completed each | ||||||
| 12 | requirement of the return-to-play protocol established | ||||||
| 13 | under this Section necessary for the student to return to | ||||||
| 14 | play; | ||||||
| 15 | (3) the student has successfully completed each | ||||||
| 16 | requirement of the return-to-learn protocol established | ||||||
| 17 | under this Section necessary for the student to return to | ||||||
| 18 | learn; | ||||||
| 19 | (4) the treating physician or athletic trainer working | ||||||
| 20 | under the supervision of a physician has provided a written | ||||||
| 21 | statement indicating that, in the physician's professional | ||||||
| 22 | judgment, it is safe for the student to return to play and | ||||||
| 23 | return to learn; and | ||||||
| 24 | (5) the student and the student's parent or guardian or | ||||||
| 25 | another person with legal authority to make medical | ||||||
| 26 | decisions for the student: | ||||||
| |||||||
| |||||||
| 1 | (A) have acknowledged that the student has | ||||||
| 2 | completed the requirements of the return-to-play and | ||||||
| 3 | return-to-learn protocols necessary for the student to | ||||||
| 4 | return to play; | ||||||
| 5 | (B) have provided the treating physician's or | ||||||
| 6 | athletic trainer's written statement under subdivision | ||||||
| 7 | (4) of this subsection (g) to the person responsible | ||||||
| 8 | for compliance with the return-to-play and | ||||||
| 9 | return-to-learn protocols under this subsection (g) | ||||||
| 10 | and the person who has supervisory responsibilities | ||||||
| 11 | under this subsection (g); and | ||||||
| 12 | (C) have signed a consent form indicating that the | ||||||
| 13 | person signing: | ||||||
| 14 | (i) has been informed concerning and consents | ||||||
| 15 | to the student participating in returning to play | ||||||
| 16 | in accordance with the return-to-play and | ||||||
| 17 | return-to-learn protocols; | ||||||
| 18 | (ii) understands the risks associated with the | ||||||
| 19 | student returning to play and returning to learn | ||||||
| 20 | and will comply with any ongoing requirements in | ||||||
| 21 | the return-to-play and return-to-learn protocols; | ||||||
| 22 | and | ||||||
| 23 | (iii) consents to the disclosure to | ||||||
| 24 | appropriate persons, consistent with the federal | ||||||
| 25 | Health Insurance Portability and Accountability | ||||||
| 26 | Act of 1996 (Public Law 104-191), of the treating | ||||||
| |||||||
| |||||||
| 1 | physician's or athletic trainer's written | ||||||
| 2 | statement under subdivision (4) of this subsection | ||||||
| 3 | (g) and, if any, the return-to-play and | ||||||
| 4 | return-to-learn recommendations of the treating | ||||||
| 5 | physician or the athletic trainer, as the case may | ||||||
| 6 | be. | ||||||
| 7 | A coach of an interscholastic athletics team may not | ||||||
| 8 | authorize a student's return to play or return to learn. | ||||||
| 9 | The district superintendent or the superintendent's | ||||||
| 10 | designee in the case of a public elementary or secondary | ||||||
| 11 | school, the chief school administrator or that person's | ||||||
| 12 | designee in the case of a charter school, or the appropriate | ||||||
| 13 | administrative officer or that person's designee in the case of | ||||||
| 14 | a private school shall supervise an athletic trainer or other | ||||||
| 15 | person responsible for compliance with the return-to-play | ||||||
| 16 | protocol and shall supervise the person responsible for | ||||||
| 17 | compliance with the return-to-learn protocol. The person who | ||||||
| 18 | has supervisory responsibilities under this paragraph may not | ||||||
| 19 | be a coach of an interscholastic athletics team. | ||||||
| 20 | (h)(1) The Illinois High School Association shall approve, | ||||||
| 21 | for coaches and game officials of interscholastic athletic | ||||||
| 22 | activities, training courses that provide for not less than 2 | ||||||
| 23 | hours of training in the subject matter of concussions, | ||||||
| 24 | including evaluation, prevention, symptoms, risks, and | ||||||
| 25 | long-term effects. The Association shall maintain an updated | ||||||
| 26 | list of individuals and organizations authorized by the | ||||||
| |||||||
| |||||||
| 1 | Association to provide the training. | ||||||
| 2 | (2) The following persons must take a training course in | ||||||
| 3 | accordance with paragraph (4) of this subsection (h) from an | ||||||
| 4 | authorized training provider at least once every 2 years: | ||||||
| 5 | (A) a coach of an interscholastic athletic activity; | ||||||
| 6 | (B) a nurse who serves as a member of a concussion | ||||||
| 7 | oversight team and is an employee, representative, or agent | ||||||
| 8 | of a school; | ||||||
| 9 | (C) a game official of an interscholastic athletic | ||||||
| 10 | activity; and | ||||||
| 11 | (D) a nurse who serves on a volunteer basis as a member | ||||||
| 12 | of a concussion oversight team for a school. | ||||||
| 13 | (3) A physician who serves as a member of a concussion | ||||||
| 14 | oversight team shall, to the greatest extent practicable, | ||||||
| 15 | periodically take an appropriate continuing medical education | ||||||
| 16 | course in the subject matter of concussions. | ||||||
| 17 | (4) For purposes of paragraph (2) of this subsection (h): | ||||||
| 18 | (A) a coach or game officials, as the case may be, must | ||||||
| 19 | take a course described in paragraph (1) of this subsection | ||||||
| 20 | (h). | ||||||
| 21 | (B) an athletic trainer must take a concussion-related | ||||||
| 22 | continuing education course from an athletic trainer | ||||||
| 23 | continuing education sponsor approved by the Department; | ||||||
| 24 | and | ||||||
| 25 | (C) a nurse must take a course concerning the subject | ||||||
| 26 | matter of concussions that has been approved for continuing | ||||||
| |||||||
| |||||||
| 1 | education credit by the Department. | ||||||
| 2 | (5) Each person described in paragraph (2) of this | ||||||
| 3 | subsection (h) must submit proof of timely completion of an | ||||||
| 4 | approved course in compliance with paragraph (4) of this | ||||||
| 5 | subsection (h) to the district superintendent or the | ||||||
| 6 | superintendent's designee in the case of a public elementary or | ||||||
| 7 | secondary school, the chief school administrator or that | ||||||
| 8 | person's designee in the case of a charter school, or the | ||||||
| 9 | appropriate administrative officer or that person's designee | ||||||
| 10 | in the case of a private school. | ||||||
| 11 | (6) A physician, athletic trainer, or nurse who is not in | ||||||
| 12 | compliance with the training requirements under this | ||||||
| 13 | subsection (h) may not serve on a concussion oversight team in | ||||||
| 14 | any capacity. | ||||||
| 15 | (7) A person required under this subsection (h) to take a | ||||||
| 16 | training course in the subject of concussions must initially | ||||||
| 17 | complete the training not later than September 1, 2016. | ||||||
| 18 | (i) The governing body of each public or charter school and | ||||||
| 19 | the appropriate administrative officer of a private school with | ||||||
| 20 | students enrolled who participate in an interscholastic | ||||||
| 21 | athletic activity shall develop a school-specific emergency | ||||||
| 22 | action plan for interscholastic athletic activities to address | ||||||
| 23 | the serious injuries and acute medical conditions in which the | ||||||
| 24 | condition of the student may deteriorate rapidly. The plan | ||||||
| 25 | shall include a delineation of roles, methods of communication, | ||||||
| 26 | available emergency equipment, and access to and a plan for | ||||||
| |||||||
| |||||||
| 1 | emergency transport. This emergency action plan must be: | ||||||
| 2 | (1) in writing; | ||||||
| 3 | (2) reviewed by the concussion oversight team; | ||||||
| 4 | (3) approved by the district superintendent or the | ||||||
| 5 | superintendent's designee in the case of a public | ||||||
| 6 | elementary or secondary school, the chief school | ||||||
| 7 | administrator or that person's designee in the case of a | ||||||
| 8 | charter school, or the appropriate administrative officer | ||||||
| 9 | or that person's designee in the case of a private school; | ||||||
| 10 | (4) distributed to all appropriate personnel; | ||||||
| 11 | (5) posted conspicuously at all venues utilized by the | ||||||
| 12 | school; and | ||||||
| 13 | (6) reviewed annually by all athletic trainers, first | ||||||
| 14 | responders, coaches, school nurses, athletic directors, | ||||||
| 15 | and volunteers for interscholastic athletic activities. | ||||||
| 16 | (j) The State Board of Education may adopt rules as | ||||||
| 17 | necessary to administer this Section.
| ||||||
| 18 | (Source: P.A. 99-245, eff. 8-3-15; 99-486, eff. 11-20-15.)
| ||||||
| 19 | (105 ILCS 5/22-81) | ||||||
| 20 | Sec. 22-81 22-80. Heroin and opioid prevention pilot | ||||||
| 21 | program. By January 1, 2017, the State Board of Education and | ||||||
| 22 | the Department of Human Services shall develop and establish a | ||||||
| 23 | 3-year heroin and opioid drug prevention pilot program that | ||||||
| 24 | offers educational materials and instruction on heroin and | ||||||
| 25 | opioid abuse to all school districts in the State for use at | ||||||
| |||||||
| |||||||
| 1 | their respective public elementary and secondary schools. A | ||||||
| 2 | school district's participation in the pilot program shall be | ||||||
| 3 | voluntary. Subject to appropriation, the Department of Human | ||||||
| 4 | Services shall reimburse a school district that decides to | ||||||
| 5 | participate in the pilot program for any costs it incurs in | ||||||
| 6 | connection with its participation in the pilot program. Each | ||||||
| 7 | school district that participates in the pilot program shall | ||||||
| 8 | have the discretion to determine which grade levels the school | ||||||
| 9 | district will instruct under the program. | ||||||
| 10 | The pilot program must use effective, research-proven, | ||||||
| 11 | interactive teaching methods and technologies, and must | ||||||
| 12 | provide students, parents, and school staff with scientific, | ||||||
| 13 | social, and emotional learning content to help them understand | ||||||
| 14 | the risk of drug use. Such learning content must specifically | ||||||
| 15 | target the dangers of prescription pain medication and heroin | ||||||
| 16 | abuse. The Department may contract with a health education | ||||||
| 17 | organization to fulfill the requirements of the pilot program. | ||||||
| 18 | The State Board of Education, the Department of Human | ||||||
| 19 | Services, and any contracted organization shall submit an | ||||||
| 20 | annual report to the General Assembly that includes: (i) a list | ||||||
| 21 | of school districts participating in the pilot program; (ii) | ||||||
| 22 | the grade levels each school district instructs under the pilot | ||||||
| 23 | program; and (iii) any findings regarding the effectiveness of | ||||||
| 24 | the pilot program.
| ||||||
| 25 | (Source: P.A. 99-480, eff. 9-9-15; revised 10-19-15.)
| ||||||
| |||||||
| |||||||
| 1 | (105 ILCS 5/27-8.1) (from Ch. 122, par. 27-8.1) | ||||||
| 2 | Sec. 27-8.1. Health examinations and immunizations. | ||||||
| 3 | (1) In compliance with rules and regulations which the | ||||||
| 4 | Department of Public
Health shall promulgate, and except as | ||||||
| 5 | hereinafter provided, all children in
Illinois shall have a | ||||||
| 6 | health examination as follows: within one year prior to
| ||||||
| 7 | entering kindergarten or the first grade of any public, | ||||||
| 8 | private, or parochial
elementary school; upon entering the | ||||||
| 9 | sixth and ninth grades of any public,
private, or parochial | ||||||
| 10 | school; prior to entrance into any public, private, or
| ||||||
| 11 | parochial nursery school; and, irrespective of grade, | ||||||
| 12 | immediately prior to or
upon entrance into any public, private, | ||||||
| 13 | or parochial school or nursery school,
each child shall present | ||||||
| 14 | proof of having been examined in accordance with this
Section | ||||||
| 15 | and the rules and regulations promulgated hereunder. Any child | ||||||
| 16 | who received a health examination within one year prior to | ||||||
| 17 | entering the fifth grade for the 2007-2008 school year is not | ||||||
| 18 | required to receive an additional health examination in order | ||||||
| 19 | to comply with the provisions of Public Act 95-422 when he or | ||||||
| 20 | she attends school for the 2008-2009 school year, unless the | ||||||
| 21 | child is attending school for the first time as provided in | ||||||
| 22 | this paragraph. | ||||||
| 23 | A tuberculosis skin test screening shall be included as a | ||||||
| 24 | required part of
each health examination included under this | ||||||
| 25 | Section if the child resides in an
area designated by the | ||||||
| 26 | Department of Public Health as having a high incidence
of | ||||||
| |||||||
| |||||||
| 1 | tuberculosis. Additional health examinations of pupils, | ||||||
| 2 | including eye examinations, may be required when deemed | ||||||
| 3 | necessary by school
authorities. Parents are encouraged to have | ||||||
| 4 | their children undergo eye examinations at the same points in | ||||||
| 5 | time required for health
examinations. | ||||||
| 6 | (1.5) In compliance with rules adopted by the Department of | ||||||
| 7 | Public Health and except as otherwise provided in this Section, | ||||||
| 8 | all children in kindergarten and the second and sixth grades of | ||||||
| 9 | any public, private, or parochial school shall have a dental | ||||||
| 10 | examination. Each of these children shall present proof of | ||||||
| 11 | having been examined by a dentist in accordance with this | ||||||
| 12 | Section and rules adopted under this Section before May 15th of | ||||||
| 13 | the school year. If a child in the second or sixth grade fails | ||||||
| 14 | to present proof by May 15th, the school may hold the child's | ||||||
| 15 | report card until one of the following occurs: (i) the child | ||||||
| 16 | presents proof of a completed dental examination or (ii) the | ||||||
| 17 | child presents proof that a dental examination will take place | ||||||
| 18 | within 60 days after May 15th. The Department of Public Health | ||||||
| 19 | shall establish, by rule, a waiver for children who show an | ||||||
| 20 | undue burden or a lack of access to a dentist. Each public, | ||||||
| 21 | private, and parochial school must give notice of this dental | ||||||
| 22 | examination requirement to the parents and guardians of | ||||||
| 23 | students at least 60 days before May 15th of each school year.
| ||||||
| 24 | (1.10) Except as otherwise provided in this Section, all | ||||||
| 25 | children enrolling in kindergarten in a public, private, or | ||||||
| 26 | parochial school on or after the effective date of this | ||||||
| |||||||
| |||||||
| 1 | amendatory Act of the 95th General Assembly and any student | ||||||
| 2 | enrolling for the first time in a public, private, or parochial | ||||||
| 3 | school on or after the effective date of this amendatory Act of | ||||||
| 4 | the 95th General Assembly shall have an eye examination. Each | ||||||
| 5 | of these children shall present proof of having been examined | ||||||
| 6 | by a physician licensed to practice medicine in all of its | ||||||
| 7 | branches or a licensed optometrist within the previous year, in | ||||||
| 8 | accordance with this Section and rules adopted under this | ||||||
| 9 | Section, before October 15th of the school year. If the child | ||||||
| 10 | fails to present proof by October 15th, the school may hold the | ||||||
| 11 | child's report card until one of the following occurs: (i) the | ||||||
| 12 | child presents proof of a completed eye examination or (ii) the | ||||||
| 13 | child presents proof that an eye examination will take place | ||||||
| 14 | within 60 days after October 15th. The Department of Public | ||||||
| 15 | Health shall establish, by rule, a waiver for children who show | ||||||
| 16 | an undue burden or a lack of access to a physician licensed to | ||||||
| 17 | practice medicine in all of its branches who provides eye | ||||||
| 18 | examinations or to a licensed optometrist. Each public, | ||||||
| 19 | private, and parochial school must give notice of this eye | ||||||
| 20 | examination requirement to the parents and guardians of | ||||||
| 21 | students in compliance with rules of the Department of Public | ||||||
| 22 | Health. Nothing in this Section shall be construed to allow a | ||||||
| 23 | school to exclude a child from attending because of a parent's | ||||||
| 24 | or guardian's failure to obtain an eye examination for the | ||||||
| 25 | child.
| ||||||
| 26 | (2) The Department of Public Health shall promulgate rules | ||||||
| |||||||
| |||||||
| 1 | and regulations
specifying the examinations and procedures | ||||||
| 2 | that constitute a health examination, which shall include the | ||||||
| 3 | collection of data relating to obesity
(including at a minimum, | ||||||
| 4 | date of birth, gender, height, weight, blood pressure, and date | ||||||
| 5 | of exam),
and a dental examination and may recommend by rule | ||||||
| 6 | that certain additional examinations be performed.
The rules | ||||||
| 7 | and regulations of the Department of Public Health shall | ||||||
| 8 | specify that
a tuberculosis skin test screening shall be | ||||||
| 9 | included as a required part of each
health examination included | ||||||
| 10 | under this Section if the child resides in an area
designated | ||||||
| 11 | by the Department of Public Health as having a high incidence | ||||||
| 12 | of
tuberculosis.
The Department of Public Health shall specify | ||||||
| 13 | that a diabetes
screening as defined by rule shall be included | ||||||
| 14 | as a required part of each
health examination.
Diabetes testing | ||||||
| 15 | is not required. | ||||||
| 16 | Physicians licensed to practice medicine in all of its | ||||||
| 17 | branches, licensed advanced
practice nurses, or licensed | ||||||
| 18 | physician assistants shall be
responsible for the performance | ||||||
| 19 | of the health examinations, other than dental
examinations, eye | ||||||
| 20 | examinations, and vision and hearing screening, and shall sign | ||||||
| 21 | all report forms
required by subsection (4) of this Section | ||||||
| 22 | that pertain to those portions of
the health examination for | ||||||
| 23 | which the physician, advanced practice nurse, or
physician | ||||||
| 24 | assistant is responsible.
If a registered
nurse performs any | ||||||
| 25 | part of a health examination, then a physician licensed to
| ||||||
| 26 | practice medicine in all of its branches must review and sign | ||||||
| |||||||
| |||||||
| 1 | all required
report forms. Licensed dentists shall perform all | ||||||
| 2 | dental examinations and
shall sign all report forms required by | ||||||
| 3 | subsection (4) of this Section that
pertain to the dental | ||||||
| 4 | examinations. Physicians licensed to practice medicine
in all | ||||||
| 5 | its branches or licensed optometrists shall perform all eye | ||||||
| 6 | examinations
required by this Section and shall sign all report | ||||||
| 7 | forms required by
subsection (4) of this Section that pertain | ||||||
| 8 | to the eye examination. For purposes of this Section, an eye | ||||||
| 9 | examination shall at a minimum include history, visual acuity, | ||||||
| 10 | subjective refraction to best visual acuity near and far, | ||||||
| 11 | internal and external examination, and a glaucoma evaluation, | ||||||
| 12 | as well as any other tests or observations that in the | ||||||
| 13 | professional judgment of the doctor are necessary. Vision and
| ||||||
| 14 | hearing screening tests, which shall not be considered | ||||||
| 15 | examinations as that
term is used in this Section, shall be | ||||||
| 16 | conducted in accordance with rules and
regulations of the | ||||||
| 17 | Department of Public Health, and by individuals whom the
| ||||||
| 18 | Department of Public Health has certified.
In these rules and | ||||||
| 19 | regulations, the Department of Public Health shall
require that | ||||||
| 20 | individuals conducting vision screening tests give a child's
| ||||||
| 21 | parent or guardian written notification, before the vision | ||||||
| 22 | screening is
conducted, that states, "Vision screening is not a | ||||||
| 23 | substitute for a
complete eye and vision evaluation by an eye | ||||||
| 24 | doctor. Your child is not
required to undergo this vision | ||||||
| 25 | screening if an optometrist or
ophthalmologist has completed | ||||||
| 26 | and signed a report form indicating that
an examination has | ||||||
| |||||||
| |||||||
| 1 | been administered within the previous 12 months." | ||||||
| 2 | (3) Every child shall, at or about the same time as he or | ||||||
| 3 | she receives
a health examination required by subsection (1) of | ||||||
| 4 | this Section, present
to the local school proof of having | ||||||
| 5 | received such immunizations against
preventable communicable | ||||||
| 6 | diseases as the Department of Public Health shall
require by | ||||||
| 7 | rules and regulations promulgated pursuant to this Section and | ||||||
| 8 | the
Communicable Disease Prevention Act. | ||||||
| 9 | (4) The individuals conducting the health examination,
| ||||||
| 10 | dental examination, or eye examination shall record the
fact of | ||||||
| 11 | having conducted the examination, and such additional | ||||||
| 12 | information as
required, including for a health examination
| ||||||
| 13 | data relating to obesity
(including at a minimum, date of | ||||||
| 14 | birth, gender, height, weight, blood pressure, and date of | ||||||
| 15 | exam), on uniform forms which the Department of Public Health | ||||||
| 16 | and the State
Board of Education shall prescribe for statewide | ||||||
| 17 | use. The examiner shall
summarize on the report form any | ||||||
| 18 | condition that he or she suspects indicates a
need for special | ||||||
| 19 | services, including for a health examination factors relating | ||||||
| 20 | to obesity. The individuals confirming the administration of
| ||||||
| 21 | required immunizations shall record as indicated on the form | ||||||
| 22 | that the
immunizations were administered. | ||||||
| 23 | (5) If a child does not submit proof of having had either | ||||||
| 24 | the health
examination or the immunization as required, then | ||||||
| 25 | the child shall be examined
or receive the immunization, as the | ||||||
| 26 | case may be, and present proof by October
15 of the current | ||||||
| |||||||
| |||||||
| 1 | school year, or by an earlier date of the current school year
| ||||||
| 2 | established by a school district. To establish a date before | ||||||
| 3 | October 15 of the
current school year for the health | ||||||
| 4 | examination or immunization as required, a
school district must | ||||||
| 5 | give notice of the requirements of this Section 60 days
prior | ||||||
| 6 | to the earlier established date. If for medical reasons one or | ||||||
| 7 | more of
the required immunizations must be given after October | ||||||
| 8 | 15 of the current school
year, or after an earlier established | ||||||
| 9 | date of the current school year, then
the child shall present, | ||||||
| 10 | by October 15, or by the earlier established date, a
schedule | ||||||
| 11 | for the administration of the immunizations and a statement of | ||||||
| 12 | the
medical reasons causing the delay, both the schedule and | ||||||
| 13 | the statement being
issued by the physician, advanced practice | ||||||
| 14 | nurse, physician assistant,
registered nurse, or local health | ||||||
| 15 | department that will
be responsible for administration of the | ||||||
| 16 | remaining required immunizations. If
a child does not comply by | ||||||
| 17 | October 15, or by the earlier established date of
the current | ||||||
| 18 | school year, with the requirements of this subsection, then the
| ||||||
| 19 | local school authority shall exclude that child from school | ||||||
| 20 | until such time as
the child presents proof of having had the | ||||||
| 21 | health examination as required and
presents proof of having | ||||||
| 22 | received those required immunizations which are
medically | ||||||
| 23 | possible to receive immediately. During a child's exclusion | ||||||
| 24 | from
school for noncompliance with this subsection, the child's | ||||||
| 25 | parents or legal
guardian shall be considered in violation of | ||||||
| 26 | Section 26-1 and subject to any
penalty imposed by Section | ||||||
| |||||||
| |||||||
| 1 | 26-10. This subsection (5) does not apply to dental | ||||||
| 2 | examinations and eye examinations. If the student is an | ||||||
| 3 | out-of-state transfer student and does not have the proof | ||||||
| 4 | required under this subsection (5) before October 15 of the | ||||||
| 5 | current year or whatever date is set by the school district, | ||||||
| 6 | then he or she may only attend classes (i) if he or she has | ||||||
| 7 | proof that an appointment for the required vaccinations has | ||||||
| 8 | been scheduled with a party authorized to submit proof of the | ||||||
| 9 | required vaccinations. If the proof of vaccination required | ||||||
| 10 | under this subsection (5) is not submitted within 30 days after | ||||||
| 11 | the student is permitted to attend classes, then the student is | ||||||
| 12 | not to be permitted to attend classes until proof of the | ||||||
| 13 | vaccinations has been properly submitted. No school district or | ||||||
| 14 | employee of a school district shall be held liable for any | ||||||
| 15 | injury or illness to another person that results from admitting | ||||||
| 16 | an out-of-state transfer student to class that has an | ||||||
| 17 | appointment scheduled pursuant to this subsection (5). | ||||||
| 18 | (6) Every school shall report to the State Board of | ||||||
| 19 | Education by November
15, in the manner which that agency shall | ||||||
| 20 | require, the number of children who
have received the necessary | ||||||
| 21 | immunizations and the health examination (other than a dental | ||||||
| 22 | examination or eye examination) as
required, indicating, of | ||||||
| 23 | those who have not received the immunizations and
examination | ||||||
| 24 | as required, the number of children who are exempt from health
| ||||||
| 25 | examination and immunization requirements on religious or | ||||||
| 26 | medical grounds as
provided in subsection (8). On or before | ||||||
| |||||||
| |||||||
| 1 | December 1 of each year, every public school district and | ||||||
| 2 | registered nonpublic school shall make publicly available the | ||||||
| 3 | immunization data they are required to submit to the State | ||||||
| 4 | Board of Education by November 15. The immunization data made | ||||||
| 5 | publicly available must be identical to the data the school | ||||||
| 6 | district or school has reported to the State Board of | ||||||
| 7 | Education. | ||||||
| 8 | Every school shall report to the State Board of Education | ||||||
| 9 | by June 30, in the manner that the State Board requires, the | ||||||
| 10 | number of children who have received the required dental | ||||||
| 11 | examination, indicating, of those who have not received the | ||||||
| 12 | required dental examination, the number of children who are | ||||||
| 13 | exempt from the dental examination on religious grounds as | ||||||
| 14 | provided in subsection (8) of this Section and the number of | ||||||
| 15 | children who have received a waiver under subsection (1.5) of | ||||||
| 16 | this Section. | ||||||
| 17 | Every school shall report to the State Board of Education | ||||||
| 18 | by June 30, in the manner that the State Board requires, the | ||||||
| 19 | number of children who have received the required eye | ||||||
| 20 | examination, indicating, of those who have not received the | ||||||
| 21 | required eye examination, the number of children who are exempt | ||||||
| 22 | from the eye examination as provided in subsection (8) of this | ||||||
| 23 | Section, the number of children who have received a waiver | ||||||
| 24 | under subsection (1.10) of this Section, and the total number | ||||||
| 25 | of children in noncompliance with the eye examination | ||||||
| 26 | requirement. | ||||||
| |||||||
| |||||||
| 1 | The reported information under this subsection (6) shall be | ||||||
| 2 | provided to the
Department of Public Health by the State Board | ||||||
| 3 | of Education. | ||||||
| 4 | (7) Upon determining that the number of pupils who are | ||||||
| 5 | required to be in
compliance with subsection (5) of this | ||||||
| 6 | Section is below 90% of the number of
pupils enrolled in the | ||||||
| 7 | school district, 10% of each State aid payment made
pursuant to | ||||||
| 8 | Section 18-8.05 to the school district for such year may be | ||||||
| 9 | withheld
by the State Board of Education until the number of | ||||||
| 10 | students in compliance with
subsection (5) is the applicable | ||||||
| 11 | specified percentage or higher. | ||||||
| 12 | (8) Children of parents or legal guardians who object to | ||||||
| 13 | health, dental, or eye examinations or any part thereof, to | ||||||
| 14 | immunizations, or to vision and hearing screening tests on | ||||||
| 15 | religious grounds shall not be required to undergo the | ||||||
| 16 | examinations, tests, or immunizations to which they so object | ||||||
| 17 | if such parents or legal guardians present to the appropriate | ||||||
| 18 | local school authority a signed Certificate of Religious | ||||||
| 19 | Exemption detailing the grounds for objection and the specific | ||||||
| 20 | immunizations, tests, or examinations to which they object. The | ||||||
| 21 | grounds for objection must set forth the specific religious | ||||||
| 22 | belief that conflicts with the examination, test, | ||||||
| 23 | immunization, or other medical intervention. The signed | ||||||
| 24 | certificate shall also reflect the parent's or legal guardian's | ||||||
| 25 | understanding of the school's exclusion policies in the case of | ||||||
| 26 | a vaccine-preventable disease outbreak or exposure. The | ||||||
| |||||||
| |||||||
| 1 | certificate must also be signed by the authorized examining | ||||||
| 2 | health care provider responsible for the performance of the | ||||||
| 3 | child's health examination confirming that the provider | ||||||
| 4 | provided education to the parent or legal guardian on the | ||||||
| 5 | benefits of immunization and the health risks to the student | ||||||
| 6 | and to the community of the communicable diseases for which | ||||||
| 7 | immunization is required in this State. However, the health | ||||||
| 8 | care provider's signature on the certificate reflects only that | ||||||
| 9 | education was provided and does not allow a health care | ||||||
| 10 | provider grounds to determine a religious exemption. Those | ||||||
| 11 | receiving immunizations required under this Code shall be | ||||||
| 12 | provided with the relevant vaccine information statements that | ||||||
| 13 | are required to be disseminated by the federal National | ||||||
| 14 | Childhood Vaccine Injury Act of 1986, which may contain | ||||||
| 15 | information on circumstances when a vaccine should not be | ||||||
| 16 | administered, prior to administering a vaccine. A healthcare | ||||||
| 17 | provider may consider including without limitation the | ||||||
| 18 | nationally accepted recommendations from federal agencies such | ||||||
| 19 | as the Advisory Committee on Immunization Practices, the | ||||||
| 20 | information outlined in the relevant vaccine information | ||||||
| 21 | statement, and vaccine package inserts, along with the | ||||||
| 22 | healthcare provider's clinical judgment, to determine whether | ||||||
| 23 | any child may be more susceptible to experiencing an adverse | ||||||
| 24 | vaccine reaction than the general population, and, if so, the | ||||||
| 25 | healthcare provider may exempt the child from an immunization | ||||||
| 26 | or adopt an individualized immunization schedule. The | ||||||
| |||||||
| |||||||
| 1 | Certificate of Religious Exemption shall be created by the | ||||||
| 2 | Department of Public Health and shall be made available and | ||||||
| 3 | used by parents and legal guardians by the beginning of the | ||||||
| 4 | 2015-2016 school year. Parents or legal guardians must submit | ||||||
| 5 | the Certificate of Religious Exemption to their local school | ||||||
| 6 | authority prior to entering kindergarten, sixth grade, and | ||||||
| 7 | ninth grade for each child for which they are requesting an | ||||||
| 8 | exemption. The religious objection stated need not be directed | ||||||
| 9 | by the tenets of an established religious organization. | ||||||
| 10 | However, general philosophical or moral reluctance to allow | ||||||
| 11 | physical examinations, eye examinations, immunizations, vision | ||||||
| 12 | and hearing screenings, or dental examinations does not provide | ||||||
| 13 | a sufficient basis for an exception to statutory requirements. | ||||||
| 14 | The local school authority is responsible for determining if
| ||||||
| 15 | the content of the Certificate of Religious Exemption
| ||||||
| 16 | constitutes a valid religious objection.
The local school | ||||||
| 17 | authority shall inform the parent or legal guardian of | ||||||
| 18 | exclusion procedures, in accordance with the Department's | ||||||
| 19 | rules under Part 690 of Title 77 of the Illinois Administrative | ||||||
| 20 | Code, at the time the objection is presented. | ||||||
| 21 | If the physical condition
of the child is such that any one | ||||||
| 22 | or more of the immunizing agents should not
be administered, | ||||||
| 23 | the examining physician, advanced practice nurse, or
physician | ||||||
| 24 | assistant responsible for the performance of the
health | ||||||
| 25 | examination shall endorse that fact upon the health examination | ||||||
| 26 | form. | ||||||
| |||||||
| |||||||
| 1 | Exempting a child from the health,
dental, or eye | ||||||
| 2 | examination does not exempt the child from
participation in the | ||||||
| 3 | program of physical education training provided in
Sections | ||||||
| 4 | 27-5 through 27-7 of this Code. | ||||||
| 5 | (9) For the purposes of this Section, "nursery schools" | ||||||
| 6 | means those nursery
schools operated by elementary school | ||||||
| 7 | systems or secondary level school units
or institutions of | ||||||
| 8 | higher learning. | ||||||
| 9 | (Source: P.A. 98-673, eff. 6-30-14; 99-173, eff. 7-29-15; | ||||||
| 10 | 99-249, eff. 8-3-15; revised 10-21-15.)
| ||||||
| 11 | (105 ILCS 5/27-24.2) (from Ch. 122, par. 27-24.2) | ||||||
| 12 | Sec. 27-24.2. Safety education; driver education course. | ||||||
| 13 | Instruction shall be given in safety education in each of | ||||||
| 14 | grades one through though 8, equivalent to one class period | ||||||
| 15 | each week, and any school district which maintains
grades 9 | ||||||
| 16 | through 12 shall offer a driver education course in any such | ||||||
| 17 | school
which it operates. Its curriculum shall include content | ||||||
| 18 | dealing with Chapters 11, 12, 13, 15, and 16 of the Illinois | ||||||
| 19 | Vehicle Code, the rules adopted pursuant to those Chapters | ||||||
| 20 | insofar as they pertain to the operation of motor vehicles, and | ||||||
| 21 | the portions of the Litter Control Act relating to the | ||||||
| 22 | operation of motor vehicles. The course of instruction given in | ||||||
| 23 | grades 10 through 12 shall include an emphasis on the | ||||||
| 24 | development of knowledge, attitudes, habits, and skills | ||||||
| 25 | necessary for the safe operation of motor vehicles, including | ||||||
| |||||||
| |||||||
| 1 | motorcycles insofar as they can be taught in the classroom, and | ||||||
| 2 | instruction on distracted driving as a major traffic safety | ||||||
| 3 | issue. In addition, the course shall include instruction on | ||||||
| 4 | special hazards existing at and required safety and driving | ||||||
| 5 | precautions that must be observed at emergency situations, | ||||||
| 6 | highway construction and maintenance zones, and railroad | ||||||
| 7 | crossings and the approaches thereto. The course of instruction | ||||||
| 8 | required of each eligible student at the high school level | ||||||
| 9 | shall consist of a minimum of 30 clock hours of classroom | ||||||
| 10 | instruction and a minimum of 6 clock hours of individual | ||||||
| 11 | behind-the-wheel instruction in a dual control car on public | ||||||
| 12 | roadways taught by a driver education instructor endorsed by | ||||||
| 13 | the State Board of Education. Both the classroom instruction | ||||||
| 14 | part and the practice driving
part of such driver education | ||||||
| 15 | course shall be open to a resident or
non-resident student | ||||||
| 16 | attending a non-public school in the district wherein the
| ||||||
| 17 | course is offered. Each student attending any public or | ||||||
| 18 | non-public high school
in the district must receive a passing | ||||||
| 19 | grade in at least 8 courses during the
previous 2 semesters | ||||||
| 20 | prior to enrolling in a driver education course, or the
student | ||||||
| 21 | shall not be permitted to enroll in the course; provided that | ||||||
| 22 | the local
superintendent of schools (with respect to a student | ||||||
| 23 | attending a public high
school in the district) or chief school | ||||||
| 24 | administrator (with respect to a
student attending a non-public | ||||||
| 25 | high school in the district) may waive the
requirement if the | ||||||
| 26 | superintendent or chief school administrator, as the case
may | ||||||
| |||||||
| |||||||
| 1 | be, deems it to be in the best interest of the student. A | ||||||
| 2 | student may be allowed to commence the
classroom instruction | ||||||
| 3 | part of such driver education course prior to reaching
age 15 | ||||||
| 4 | if such student then will be eligible to complete the entire | ||||||
| 5 | course
within 12 months after being allowed to commence such | ||||||
| 6 | classroom instruction. | ||||||
| 7 | Such a course may be commenced immediately after the | ||||||
| 8 | completion of a prior
course. Teachers of such courses shall | ||||||
| 9 | meet the certification requirements of
this Act and regulations | ||||||
| 10 | of the State Board as to qualifications. | ||||||
| 11 | Subject to rules of the State Board of Education, the | ||||||
| 12 | school district may charge a reasonable fee, not to exceed $50, | ||||||
| 13 | to students who participate in the course, unless a student is | ||||||
| 14 | unable to pay for such a course, in which event the fee for | ||||||
| 15 | such a student must be waived. However, the district may | ||||||
| 16 | increase this fee to an amount not to exceed $250 by school | ||||||
| 17 | board resolution following a public hearing on the increase, | ||||||
| 18 | which increased fee must be waived for students who participate | ||||||
| 19 | in the course and are unable to pay for the course. The total | ||||||
| 20 | amount from driver education fees and reimbursement from the | ||||||
| 21 | State for driver education must not exceed the total cost of | ||||||
| 22 | the driver education program in any year and must be deposited | ||||||
| 23 | into the school district's driver education fund as a separate | ||||||
| 24 | line item budget entry. All moneys deposited into the school | ||||||
| 25 | district's driver education fund must be used solely for the | ||||||
| 26 | funding of a high school driver education program approved by | ||||||
| |||||||
| |||||||
| 1 | the State Board of Education that uses driver education | ||||||
| 2 | instructors endorsed by the State Board of Education. | ||||||
| 3 | (Source: P.A. 96-734, eff. 8-25-09; 97-145, eff. 7-14-11; | ||||||
| 4 | revised 10-21-15.)
| ||||||
| 5 | (105 ILCS 5/27A-5)
| ||||||
| 6 | (Text of Section before amendment by P.A. 99-456) | ||||||
| 7 | Sec. 27A-5. Charter school; legal entity; requirements.
| ||||||
| 8 | (a) A charter school shall be a public, nonsectarian, | ||||||
| 9 | nonreligious, non-home
based, and non-profit school. A charter | ||||||
| 10 | school shall be organized and operated
as a nonprofit | ||||||
| 11 | corporation or other discrete, legal, nonprofit entity
| ||||||
| 12 | authorized under the laws of the State of Illinois.
| ||||||
| 13 | (b) A charter school may be established under this Article | ||||||
| 14 | by creating a new
school or by converting an existing public | ||||||
| 15 | school or attendance center to
charter
school status.
Beginning | ||||||
| 16 | on April 16, 2003 (the effective date of Public Act 93-3) this | ||||||
| 17 | amendatory Act of the 93rd General
Assembly, in all new
| ||||||
| 18 | applications to establish
a charter
school in a city having a | ||||||
| 19 | population exceeding 500,000, operation of the
charter
school | ||||||
| 20 | shall be limited to one campus. The changes made to this | ||||||
| 21 | Section by Public Act 93-3 this
amendatory Act
of the 93rd | ||||||
| 22 | General
Assembly do not apply to charter schools existing or | ||||||
| 23 | approved on or before April 16, 2003 (the
effective date of | ||||||
| 24 | Public Act 93-3) this
amendatory Act. | ||||||
| 25 | (b-5) In this subsection (b-5), "virtual-schooling" means | ||||||
| |||||||
| |||||||
| 1 | a cyber school where students engage in online curriculum and | ||||||
| 2 | instruction via the Internet and electronic communication with | ||||||
| 3 | their teachers at remote locations and with students | ||||||
| 4 | participating at different times. | ||||||
| 5 | From April 1, 2013 through December 31, 2016, there is a | ||||||
| 6 | moratorium on the establishment of charter schools with | ||||||
| 7 | virtual-schooling components in school districts other than a | ||||||
| 8 | school district organized under Article 34 of this Code. This | ||||||
| 9 | moratorium does not apply to a charter school with | ||||||
| 10 | virtual-schooling components existing or approved prior to | ||||||
| 11 | April 1, 2013 or to the renewal of the charter of a charter | ||||||
| 12 | school with virtual-schooling components already approved | ||||||
| 13 | prior to April 1, 2013. | ||||||
| 14 | On or before March 1, 2014, the Commission shall submit to | ||||||
| 15 | the General Assembly a report on the effect of | ||||||
| 16 | virtual-schooling, including without limitation the effect on | ||||||
| 17 | student performance, the costs associated with | ||||||
| 18 | virtual-schooling, and issues with oversight. The report shall | ||||||
| 19 | include policy recommendations for virtual-schooling.
| ||||||
| 20 | (c) A charter school shall be administered and governed by | ||||||
| 21 | its board of
directors or other governing body
in the manner | ||||||
| 22 | provided in its charter. The governing body of a charter school
| ||||||
| 23 | shall be subject to the Freedom of Information Act and the Open | ||||||
| 24 | Meetings Act.
| ||||||
| 25 | (d) For purposes of this subsection (d), "non-curricular | ||||||
| 26 | health and safety requirement" means any health and safety | ||||||
| |||||||
| |||||||
| 1 | requirement created by statute or rule to provide, maintain, | ||||||
| 2 | preserve, or safeguard safe or healthful conditions for | ||||||
| 3 | students and school personnel or to eliminate, reduce, or | ||||||
| 4 | prevent threats to the health and safety of students and school | ||||||
| 5 | personnel. "Non-curricular health and safety requirement" does | ||||||
| 6 | not include any course of study or specialized instructional | ||||||
| 7 | requirement for which the State Board has established goals and | ||||||
| 8 | learning standards or which is designed primarily to impart | ||||||
| 9 | knowledge and skills for students to master and apply as an | ||||||
| 10 | outcome of their education. | ||||||
| 11 | A charter school shall comply with all non-curricular | ||||||
| 12 | health and safety
requirements applicable to public schools | ||||||
| 13 | under the laws of the State of
Illinois. On or before September | ||||||
| 14 | 1, 2015, the State Board shall promulgate and post on its | ||||||
| 15 | Internet website a list of non-curricular health and safety | ||||||
| 16 | requirements that a charter school must meet. The list shall be | ||||||
| 17 | updated annually no later than September 1. Any charter | ||||||
| 18 | contract between a charter school and its authorizer must | ||||||
| 19 | contain a provision that requires the charter school to follow | ||||||
| 20 | the list of all non-curricular health and safety requirements | ||||||
| 21 | promulgated by the State Board and any non-curricular health | ||||||
| 22 | and safety requirements added by the State Board to such list | ||||||
| 23 | during the term of the charter. Nothing in this subsection (d) | ||||||
| 24 | precludes an authorizer from including non-curricular health | ||||||
| 25 | and safety requirements in a charter school contract that are | ||||||
| 26 | not contained in the list promulgated by the State Board, | ||||||
| |||||||
| |||||||
| 1 | including non-curricular health and safety requirements of the | ||||||
| 2 | authorizing local school board.
| ||||||
| 3 | (e) Except as otherwise provided in the School Code, a | ||||||
| 4 | charter school shall
not charge tuition; provided that a | ||||||
| 5 | charter school may charge reasonable fees
for textbooks, | ||||||
| 6 | instructional materials, and student activities.
| ||||||
| 7 | (f) A charter school shall be responsible for the | ||||||
| 8 | management and operation
of its fiscal affairs including,
but | ||||||
| 9 | not limited to, the preparation of its budget. An audit of each | ||||||
| 10 | charter
school's finances shall be conducted annually by an | ||||||
| 11 | outside, independent
contractor retained by the charter | ||||||
| 12 | school. To ensure financial accountability for the use of | ||||||
| 13 | public funds, on or before December 1 of every year of | ||||||
| 14 | operation, each charter school shall submit to its authorizer | ||||||
| 15 | and the State Board a copy of its audit and a copy of the Form | ||||||
| 16 | 990 the charter school filed that year with the federal | ||||||
| 17 | Internal Revenue Service. In addition, if deemed necessary for | ||||||
| 18 | proper financial oversight of the charter school, an authorizer | ||||||
| 19 | may require quarterly financial statements from each charter | ||||||
| 20 | school.
| ||||||
| 21 | (g) A charter school shall comply with all provisions of | ||||||
| 22 | this Article, the Illinois Educational Labor Relations Act, all | ||||||
| 23 | federal and State laws and rules applicable to public schools | ||||||
| 24 | that pertain to special education and the instruction of | ||||||
| 25 | English learners, and
its charter. A charter
school is exempt | ||||||
| 26 | from all other State laws and regulations in this Code
| ||||||
| |||||||
| |||||||
| 1 | governing public
schools and local school board policies; | ||||||
| 2 | however, a charter school is not exempt from the following:
| ||||||
| 3 | (1) Sections 10-21.9 and 34-18.5 of this Code regarding | ||||||
| 4 | criminal
history records checks and checks of the Statewide | ||||||
| 5 | Sex Offender Database and Statewide Murderer and Violent | ||||||
| 6 | Offender Against Youth Database of applicants for | ||||||
| 7 | employment;
| ||||||
| 8 | (2) Sections 24-24 and 34-84A of this Code regarding | ||||||
| 9 | discipline of
students;
| ||||||
| 10 | (3) the Local Governmental and Governmental Employees | ||||||
| 11 | Tort Immunity Act;
| ||||||
| 12 | (4) Section 108.75 of the General Not For Profit | ||||||
| 13 | Corporation Act of 1986
regarding indemnification of | ||||||
| 14 | officers, directors, employees, and agents;
| ||||||
| 15 | (5) the Abused and Neglected Child Reporting Act;
| ||||||
| 16 | (6) the Illinois School Student Records Act;
| ||||||
| 17 | (7) Section 10-17a of this Code regarding school report | ||||||
| 18 | cards;
| ||||||
| 19 | (8) the P-20 Longitudinal Education Data System Act; | ||||||
| 20 | (9) Section 27-23.7 of this Code regarding bullying | ||||||
| 21 | prevention; and | ||||||
| 22 | (10) Section 2-3.162 of this Code regarding student | ||||||
| 23 | discipline reporting; and | ||||||
| 24 | (11) Section 22-80 of this Code. | ||||||
| 25 | The change made by Public Act 96-104 to this subsection (g) | ||||||
| 26 | is declaratory of existing law. | ||||||
| |||||||
| |||||||
| 1 | (h) A charter school may negotiate and contract with a | ||||||
| 2 | school district, the
governing body of a State college or | ||||||
| 3 | university or public community college, or
any other public or | ||||||
| 4 | for-profit or nonprofit private entity for: (i) the use
of a | ||||||
| 5 | school building and grounds or any other real property or | ||||||
| 6 | facilities that
the charter school desires to use or convert | ||||||
| 7 | for use as a charter school site,
(ii) the operation and | ||||||
| 8 | maintenance thereof, and
(iii) the provision of any service, | ||||||
| 9 | activity, or undertaking that the charter
school is required to | ||||||
| 10 | perform in order to carry out the terms of its charter.
| ||||||
| 11 | However, a charter school
that is established on
or
after April | ||||||
| 12 | 16, 2003 (the effective date of Public Act 93-3) this | ||||||
| 13 | amendatory Act of the 93rd General
Assembly and that operates
| ||||||
| 14 | in a city having a population exceeding
500,000 may not | ||||||
| 15 | contract with a for-profit entity to
manage or operate the | ||||||
| 16 | school during the period that commences on April 16, 2003 (the
| ||||||
| 17 | effective date of Public Act 93-3) this amendatory Act of the | ||||||
| 18 | 93rd General Assembly and
concludes at the end of the 2004-2005 | ||||||
| 19 | school year.
Except as provided in subsection (i) of this | ||||||
| 20 | Section, a school district may
charge a charter school | ||||||
| 21 | reasonable rent for the use of the district's
buildings, | ||||||
| 22 | grounds, and facilities. Any services for which a charter | ||||||
| 23 | school
contracts
with a school district shall be provided by | ||||||
| 24 | the district at cost. Any services
for which a charter school | ||||||
| 25 | contracts with a local school board or with the
governing body | ||||||
| 26 | of a State college or university or public community college
| ||||||
| |||||||
| |||||||
| 1 | shall be provided by the public entity at cost.
| ||||||
| 2 | (i) In no event shall a charter school that is established | ||||||
| 3 | by converting an
existing school or attendance center to | ||||||
| 4 | charter school status be required to
pay rent for space
that is | ||||||
| 5 | deemed available, as negotiated and provided in the charter | ||||||
| 6 | agreement,
in school district
facilities. However, all other | ||||||
| 7 | costs for the operation and maintenance of
school district | ||||||
| 8 | facilities that are used by the charter school shall be subject
| ||||||
| 9 | to negotiation between
the charter school and the local school | ||||||
| 10 | board and shall be set forth in the
charter.
| ||||||
| 11 | (j) A charter school may limit student enrollment by age or | ||||||
| 12 | grade level.
| ||||||
| 13 | (k) If the charter school is approved by the Commission, | ||||||
| 14 | then the Commission charter school is its own local education | ||||||
| 15 | agency. | ||||||
| 16 | (Source: P.A. 98-16, eff. 5-24-13; 98-639, eff. 6-9-14; 98-669, | ||||||
| 17 | eff. 6-26-14; 98-739, eff. 7-16-14; 98-783, eff. 1-1-15; | ||||||
| 18 | 98-1059, eff. 8-26-14; 98-1102, eff. 8-26-14; 99-30, eff. | ||||||
| 19 | 7-10-15; 99-78, eff. 7-20-15; 99-245, eff. 8-3-15; 99-325, eff. | ||||||
| 20 | 8-10-15; revised 10-19-15.)
| ||||||
| 21 | (Text of Section after amendment by P.A. 99-456)
| ||||||
| 22 | Sec. 27A-5. Charter school; legal entity; requirements.
| ||||||
| 23 | (a) A charter school shall be a public, nonsectarian, | ||||||
| 24 | nonreligious, non-home
based, and non-profit school. A charter | ||||||
| 25 | school shall be organized and operated
as a nonprofit | ||||||
| |||||||
| |||||||
| 1 | corporation or other discrete, legal, nonprofit entity
| ||||||
| 2 | authorized under the laws of the State of Illinois.
| ||||||
| 3 | (b) A charter school may be established under this Article | ||||||
| 4 | by creating a new
school or by converting an existing public | ||||||
| 5 | school or attendance center to
charter
school status.
Beginning | ||||||
| 6 | on April 16, 2003 (the effective date of Public Act 93-3) this | ||||||
| 7 | amendatory Act of the 93rd General
Assembly, in all new
| ||||||
| 8 | applications to establish
a charter
school in a city having a | ||||||
| 9 | population exceeding 500,000, operation of the
charter
school | ||||||
| 10 | shall be limited to one campus. The changes made to this | ||||||
| 11 | Section by Public Act 93-3 this
amendatory Act
of the 93rd | ||||||
| 12 | General
Assembly do not apply to charter schools existing or | ||||||
| 13 | approved on or before April 16, 2003 (the
effective date of | ||||||
| 14 | Public Act 93-3) this
amendatory Act. | ||||||
| 15 | (b-5) In this subsection (b-5), "virtual-schooling" means | ||||||
| 16 | a cyber school where students engage in online curriculum and | ||||||
| 17 | instruction via the Internet and electronic communication with | ||||||
| 18 | their teachers at remote locations and with students | ||||||
| 19 | participating at different times. | ||||||
| 20 | From April 1, 2013 through December 31, 2016, there is a | ||||||
| 21 | moratorium on the establishment of charter schools with | ||||||
| 22 | virtual-schooling components in school districts other than a | ||||||
| 23 | school district organized under Article 34 of this Code. This | ||||||
| 24 | moratorium does not apply to a charter school with | ||||||
| 25 | virtual-schooling components existing or approved prior to | ||||||
| 26 | April 1, 2013 or to the renewal of the charter of a charter | ||||||
| |||||||
| |||||||
| 1 | school with virtual-schooling components already approved | ||||||
| 2 | prior to April 1, 2013. | ||||||
| 3 | On or before March 1, 2014, the Commission shall submit to | ||||||
| 4 | the General Assembly a report on the effect of | ||||||
| 5 | virtual-schooling, including without limitation the effect on | ||||||
| 6 | student performance, the costs associated with | ||||||
| 7 | virtual-schooling, and issues with oversight. The report shall | ||||||
| 8 | include policy recommendations for virtual-schooling.
| ||||||
| 9 | (c) A charter school shall be administered and governed by | ||||||
| 10 | its board of
directors or other governing body
in the manner | ||||||
| 11 | provided in its charter. The governing body of a charter school
| ||||||
| 12 | shall be subject to the Freedom of Information Act and the Open | ||||||
| 13 | Meetings Act.
| ||||||
| 14 | (d) For purposes of this subsection (d), "non-curricular | ||||||
| 15 | health and safety requirement" means any health and safety | ||||||
| 16 | requirement created by statute or rule to provide, maintain, | ||||||
| 17 | preserve, or safeguard safe or healthful conditions for | ||||||
| 18 | students and school personnel or to eliminate, reduce, or | ||||||
| 19 | prevent threats to the health and safety of students and school | ||||||
| 20 | personnel. "Non-curricular health and safety requirement" does | ||||||
| 21 | not include any course of study or specialized instructional | ||||||
| 22 | requirement for which the State Board has established goals and | ||||||
| 23 | learning standards or which is designed primarily to impart | ||||||
| 24 | knowledge and skills for students to master and apply as an | ||||||
| 25 | outcome of their education. | ||||||
| 26 | A charter school shall comply with all non-curricular | ||||||
| |||||||
| |||||||
| 1 | health and safety
requirements applicable to public schools | ||||||
| 2 | under the laws of the State of
Illinois. On or before September | ||||||
| 3 | 1, 2015, the State Board shall promulgate and post on its | ||||||
| 4 | Internet website a list of non-curricular health and safety | ||||||
| 5 | requirements that a charter school must meet. The list shall be | ||||||
| 6 | updated annually no later than September 1. Any charter | ||||||
| 7 | contract between a charter school and its authorizer must | ||||||
| 8 | contain a provision that requires the charter school to follow | ||||||
| 9 | the list of all non-curricular health and safety requirements | ||||||
| 10 | promulgated by the State Board and any non-curricular health | ||||||
| 11 | and safety requirements added by the State Board to such list | ||||||
| 12 | during the term of the charter. Nothing in this subsection (d) | ||||||
| 13 | precludes an authorizer from including non-curricular health | ||||||
| 14 | and safety requirements in a charter school contract that are | ||||||
| 15 | not contained in the list promulgated by the State Board, | ||||||
| 16 | including non-curricular health and safety requirements of the | ||||||
| 17 | authorizing local school board.
| ||||||
| 18 | (e) Except as otherwise provided in the School Code, a | ||||||
| 19 | charter school shall
not charge tuition; provided that a | ||||||
| 20 | charter school may charge reasonable fees
for textbooks, | ||||||
| 21 | instructional materials, and student activities.
| ||||||
| 22 | (f) A charter school shall be responsible for the | ||||||
| 23 | management and operation
of its fiscal affairs including,
but | ||||||
| 24 | not limited to, the preparation of its budget. An audit of each | ||||||
| 25 | charter
school's finances shall be conducted annually by an | ||||||
| 26 | outside, independent
contractor retained by the charter | ||||||
| |||||||
| |||||||
| 1 | school. To ensure financial accountability for the use of | ||||||
| 2 | public funds, on or before December 1 of every year of | ||||||
| 3 | operation, each charter school shall submit to its authorizer | ||||||
| 4 | and the State Board a copy of its audit and a copy of the Form | ||||||
| 5 | 990 the charter school filed that year with the federal | ||||||
| 6 | Internal Revenue Service. In addition, if deemed necessary for | ||||||
| 7 | proper financial oversight of the charter school, an authorizer | ||||||
| 8 | may require quarterly financial statements from each charter | ||||||
| 9 | school.
| ||||||
| 10 | (g) A charter school shall comply with all provisions of | ||||||
| 11 | this Article, the Illinois Educational Labor Relations Act, all | ||||||
| 12 | federal and State laws and rules applicable to public schools | ||||||
| 13 | that pertain to special education and the instruction of | ||||||
| 14 | English learners, and
its charter. A charter
school is exempt | ||||||
| 15 | from all other State laws and regulations in this Code
| ||||||
| 16 | governing public
schools and local school board policies; | ||||||
| 17 | however, a charter school is not exempt from the following:
| ||||||
| 18 | (1) Sections 10-21.9 and 34-18.5 of this Code regarding | ||||||
| 19 | criminal
history records checks and checks of the Statewide | ||||||
| 20 | Sex Offender Database and Statewide Murderer and Violent | ||||||
| 21 | Offender Against Youth Database of applicants for | ||||||
| 22 | employment;
| ||||||
| 23 | (2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and | ||||||
| 24 | 34-84a of this Code regarding discipline of
students;
| ||||||
| 25 | (3) the Local Governmental and Governmental Employees | ||||||
| 26 | Tort Immunity Act;
| ||||||
| |||||||
| |||||||
| 1 | (4) Section 108.75 of the General Not For Profit | ||||||
| 2 | Corporation Act of 1986
regarding indemnification of | ||||||
| 3 | officers, directors, employees, and agents;
| ||||||
| 4 | (5) the Abused and Neglected Child Reporting Act;
| ||||||
| 5 | (6) the Illinois School Student Records Act;
| ||||||
| 6 | (7) Section 10-17a of this Code regarding school report | ||||||
| 7 | cards;
| ||||||
| 8 | (8) the P-20 Longitudinal Education Data System Act; | ||||||
| 9 | (9) Section 27-23.7 of this Code regarding bullying | ||||||
| 10 | prevention; and | ||||||
| 11 | (10) Section 2-3.162 of this Code regarding student | ||||||
| 12 | discipline reporting; and | ||||||
| 13 | (11) Section 22-80 of this Code. | ||||||
| 14 | The change made by Public Act 96-104 to this subsection (g) | ||||||
| 15 | is declaratory of existing law. | ||||||
| 16 | (h) A charter school may negotiate and contract with a | ||||||
| 17 | school district, the
governing body of a State college or | ||||||
| 18 | university or public community college, or
any other public or | ||||||
| 19 | for-profit or nonprofit private entity for: (i) the use
of a | ||||||
| 20 | school building and grounds or any other real property or | ||||||
| 21 | facilities that
the charter school desires to use or convert | ||||||
| 22 | for use as a charter school site,
(ii) the operation and | ||||||
| 23 | maintenance thereof, and
(iii) the provision of any service, | ||||||
| 24 | activity, or undertaking that the charter
school is required to | ||||||
| 25 | perform in order to carry out the terms of its charter.
| ||||||
| 26 | However, a charter school
that is established on
or
after April | ||||||
| |||||||
| |||||||
| 1 | 16, 2003 (the effective date of Public Act 93-3) this | ||||||
| 2 | amendatory Act of the 93rd General
Assembly and that operates
| ||||||
| 3 | in a city having a population exceeding
500,000 may not | ||||||
| 4 | contract with a for-profit entity to
manage or operate the | ||||||
| 5 | school during the period that commences on April 16, 2003 (the
| ||||||
| 6 | effective date of Public Act 93-3) this amendatory Act of the | ||||||
| 7 | 93rd General Assembly and
concludes at the end of the 2004-2005 | ||||||
| 8 | school year.
Except as provided in subsection (i) of this | ||||||
| 9 | Section, a school district may
charge a charter school | ||||||
| 10 | reasonable rent for the use of the district's
buildings, | ||||||
| 11 | grounds, and facilities. Any services for which a charter | ||||||
| 12 | school
contracts
with a school district shall be provided by | ||||||
| 13 | the district at cost. Any services
for which a charter school | ||||||
| 14 | contracts with a local school board or with the
governing body | ||||||
| 15 | of a State college or university or public community college
| ||||||
| 16 | shall be provided by the public entity at cost.
| ||||||
| 17 | (i) In no event shall a charter school that is established | ||||||
| 18 | by converting an
existing school or attendance center to | ||||||
| 19 | charter school status be required to
pay rent for space
that is | ||||||
| 20 | deemed available, as negotiated and provided in the charter | ||||||
| 21 | agreement,
in school district
facilities. However, all other | ||||||
| 22 | costs for the operation and maintenance of
school district | ||||||
| 23 | facilities that are used by the charter school shall be subject
| ||||||
| 24 | to negotiation between
the charter school and the local school | ||||||
| 25 | board and shall be set forth in the
charter.
| ||||||
| 26 | (j) A charter school may limit student enrollment by age or | ||||||
| |||||||
| |||||||
| 1 | grade level.
| ||||||
| 2 | (k) If the charter school is approved by the Commission, | ||||||
| 3 | then the Commission charter school is its own local education | ||||||
| 4 | agency. | ||||||
| 5 | (Source: P.A. 98-16, eff. 5-24-13; 98-639, eff. 6-9-14; 98-669, | ||||||
| 6 | eff. 6-26-14; 98-739, eff. 7-16-14; 98-783, eff. 1-1-15; | ||||||
| 7 | 98-1059, eff. 8-26-14; 98-1102, eff. 8-26-14; 99-30, eff. | ||||||
| 8 | 7-10-15; 99-78, eff. 7-20-15; 99-245, eff. 8-3-15; 99-325, eff. | ||||||
| 9 | 8-10-15; 99-456, eff. 9-15-16; revised 10-19-15.)
| ||||||
| 10 | (105 ILCS 5/32-5) (from Ch. 122, par. 32-5)
| ||||||
| 11 | Sec. 32-5. Bond issues - District boundaries coextensive | ||||||
| 12 | with city. For the purpose of building or repairing | ||||||
| 13 | schoolhouses or purchasing
or improving school sites, | ||||||
| 14 | including the purchase of school sites
outside the boundaries | ||||||
| 15 | of the school district and building school
buildings thereon as | ||||||
| 16 | provided by Section 10-20.10 of this Act, any
special charter | ||||||
| 17 | district governed by a special charter, and special or
general | ||||||
| 18 | school laws, whose boundaries are coextensive with or greater
| ||||||
| 19 | than the boundaries of any incorporated city, town or village, | ||||||
| 20 | where
authorized by a majority of all the votes cast on the | ||||||
| 21 | proposition may
borrow money and as evidence
of the | ||||||
| 22 | indebtedness, may
issue bonds in denominations of not less than | ||||||
| 23 | $100 nor more than $1,000,
for a term not to exceed 20 years | ||||||
| 24 | bearing interest at a rate not to
exceed the maximum rate | ||||||
| 25 | authorized by the Bond Authorization Act, as amended
at the | ||||||
| |||||||
| |||||||
| 1 | time of the making of the contract, payable annually,
| ||||||
| 2 | semi-annually, or quarterly,
ct
signed by the president and | ||||||
| 3 | secretary of the school board of the
district; provided, that | ||||||
| 4 | the amount borrowed shall not exceed, including
existing | ||||||
| 5 | indebtedness, 5% of the taxable property of such school
| ||||||
| 6 | district, as ascertained by the last assessment for State and | ||||||
| 7 | county
taxes previous to incurring such indebtedness.
| ||||||
| 8 | With respect to instruments for the payment of money issued | ||||||
| 9 | under this
Section either before, on, or after June 6, 1989 | ||||||
| 10 | (the effective date of Public Act 86-4) this amendatory
Act of | ||||||
| 11 | 1989, it is and always has been the intention of the General
| ||||||
| 12 | Assembly (i) that the Omnibus Bond Acts are and always have | ||||||
| 13 | been supplementary
grants of
power to issue instruments in | ||||||
| 14 | accordance with the Omnibus Bond Acts,
regardless of any | ||||||
| 15 | provision of this Act that may appear to be or to have
been | ||||||
| 16 | more restrictive than those Acts, (ii)
that the provisions of | ||||||
| 17 | this Section are not a limitation on the
supplementary | ||||||
| 18 | authority granted by the Omnibus Bond
Acts,
and (iii) that | ||||||
| 19 | instruments issued under this
Section within the supplementary | ||||||
| 20 | authority granted by the Omnibus Bond Acts
are not invalid
| ||||||
| 21 | because of any provision of this Act that may appear to be or | ||||||
| 22 | to have been
more restrictive than those Acts.
| ||||||
| 23 | (Source: P.A. 86-4; revised 10-9-15.)
| ||||||
| 24 | (105 ILCS 5/34-2.4) (from Ch. 122, par. 34-2.4)
| ||||||
| 25 | Sec. 34-2.4. School improvement plan. A 3-year 3 year local | ||||||
| |||||||
| |||||||
| 1 | school
improvement plan shall be developed and implemented at | ||||||
| 2 | each attendance center.
This plan shall reflect the overriding | ||||||
| 3 | purpose of the attendance center to
improve educational | ||||||
| 4 | quality. The local school principal shall develop a
school | ||||||
| 5 | improvement plan in consultation with the local school council, | ||||||
| 6 | all
categories of school staff, parents and community | ||||||
| 7 | residents. Once the plan
is developed, reviewed by the | ||||||
| 8 | professional personnel leadership committee,
and approved by | ||||||
| 9 | the local school council, the
principal shall be responsible | ||||||
| 10 | for directing implementation of the plan,
and the local school | ||||||
| 11 | council shall monitor its implementation. After the
| ||||||
| 12 | termination of the initial 3-year 3 year plan, a new 3-year 3 | ||||||
| 13 | year plan shall be
developed and modified as appropriate on an | ||||||
| 14 | annual basis.
| ||||||
| 15 | The school improvement plan shall be designed to achieve | ||||||
| 16 | priority goals
including but not limited to:
| ||||||
| 17 | (a) assuring that students show significant progress | ||||||
| 18 | toward meeting and
exceeding State performance standards | ||||||
| 19 | in State mandated learning areas,
including the mastery of | ||||||
| 20 | higher order thinking skills in
these areas;
| ||||||
| 21 | (b) assuring that students attend school regularly and | ||||||
| 22 | graduate from
school at such rates that the district | ||||||
| 23 | average equals or surpasses national
norms;
| ||||||
| 24 | (c) assuring that students are adequately prepared for | ||||||
| 25 | and aided in
making a successful transition to further | ||||||
| 26 | education and life experience;
| ||||||
| |||||||
| |||||||
| 1 | (d) assuring that students are adequately prepared for
| ||||||
| 2 | and aided in making a successful transition to employment; | ||||||
| 3 | and
| ||||||
| 4 | (e) assuring that students are, to the maximum extent | ||||||
| 5 | possible, provided
with a common learning experience that | ||||||
| 6 | is of high academic quality and that
reflects high | ||||||
| 7 | expectations for all students' capacities to learn.
| ||||||
| 8 | With respect to these priority goals, the school | ||||||
| 9 | improvement plan shall
include but not be limited to the | ||||||
| 10 | following:
| ||||||
| 11 | (a) an analysis of data collected in the attendance | ||||||
| 12 | center and community
indicating the specific strengths and | ||||||
| 13 | weaknesses of the attendance center
in light of the goals | ||||||
| 14 | specified above, including data and analysis specified
by | ||||||
| 15 | the State Board of Education pertaining to specific | ||||||
| 16 | measurable outcomes for
student performance, the | ||||||
| 17 | attendance centers, and their instructional
programs;
| ||||||
| 18 | (b) a description of specific annual objectives the | ||||||
| 19 | attendance center
will pursue in achieving the goals | ||||||
| 20 | specified above;
| ||||||
| 21 | (c) a description of the specific activities the | ||||||
| 22 | attendance center will
undertake to achieve its | ||||||
| 23 | objectives;
| ||||||
| 24 | (d) an analysis of the attendance center's staffing | ||||||
| 25 | pattern and material
resources, and an explanation of how | ||||||
| 26 | the attendance center's planned
staffing pattern, the | ||||||
| |||||||
| |||||||
| 1 | deployment of staff, and the use of material
resources | ||||||
| 2 | furthers the objectives of the plan;
| ||||||
| 3 | (e) a description of the key assumptions and directions | ||||||
| 4 | of the school's
curriculum and the academic and | ||||||
| 5 | non-academic programs of the attendance
center, and an | ||||||
| 6 | explanation of how this curriculum and these programs
| ||||||
| 7 | further the goals and objectives of the plan;
| ||||||
| 8 | (f) a description of the steps that will be taken to | ||||||
| 9 | enhance educational
opportunities for all students, | ||||||
| 10 | regardless of gender, including
English learners, students | ||||||
| 11 | with disabilities, low-income students, and
minority | ||||||
| 12 | students;
| ||||||
| 13 | (g) a description of any steps which may be taken by | ||||||
| 14 | the attendance
center to educate parents as to how they can | ||||||
| 15 | assist children at home in
preparing their children to | ||||||
| 16 | learn effectively;
| ||||||
| 17 | (h) a description of the steps the attendance center | ||||||
| 18 | will take to
coordinate its efforts with, and to gain the | ||||||
| 19 | participation and support of,
community residents, | ||||||
| 20 | business organizations, and other local institutions
and | ||||||
| 21 | individuals;
| ||||||
| 22 | (i) a description of any staff development program for | ||||||
| 23 | all school staff
and volunteers tied to the priority goals, | ||||||
| 24 | objectives, and activities
specified in the plan;
| ||||||
| 25 | (j) a description of the steps the local school council | ||||||
| 26 | will undertake
to monitor implementation of the plan on an | ||||||
| |||||||
| |||||||
| 1 | ongoing basis;
| ||||||
| 2 | (k) a description of the steps the attendance center | ||||||
| 3 | will take to ensure
that teachers have working conditions | ||||||
| 4 | that provide a professional
environment conducive to | ||||||
| 5 | fulfilling their responsibilities;
| ||||||
| 6 | (l) a description of the steps the attendance center | ||||||
| 7 | will take to ensure
teachers the time and opportunity to | ||||||
| 8 | incorporate new ideas and techniques,
both in subject | ||||||
| 9 | matter and teaching skills, into their own work;
| ||||||
| 10 | (m) a description of the steps the attendance center | ||||||
| 11 | will take to
encourage pride and positive identification | ||||||
| 12 | with the attendance center
through various athletic | ||||||
| 13 | activities; and
| ||||||
| 14 | (n) a description of the student need for and provision | ||||||
| 15 | of services
to special populations, beyond the standard | ||||||
| 16 | school programs provided for
students in grades K through | ||||||
| 17 | 12 and those enumerated in the categorical
programs cited | ||||||
| 18 | in item d of part 4 of Section 34-2.3, including financial
| ||||||
| 19 | costs of providing same and a timeline for implementing the | ||||||
| 20 | necessary
services, including but not limited, when | ||||||
| 21 | applicable, to ensuring the
provisions of educational | ||||||
| 22 | services to all eligible children aged 4 years
for the | ||||||
| 23 | 1990-91 school year and thereafter, reducing class size to | ||||||
| 24 | State
averages in grades K-3 for the 1991-92 school year | ||||||
| 25 | and thereafter and in
all grades for the 1993-94 school | ||||||
| 26 | year and thereafter, and providing
sufficient staff and | ||||||
| |||||||
| |||||||
| 1 | facility resources for students not served in the
regular | ||||||
| 2 | classroom setting.
| ||||||
| 3 | Based on the analysis of data collected indicating specific | ||||||
| 4 | strengths and
weaknesses of the attendance center, the school | ||||||
| 5 | improvement plan may place
greater emphasis from year to year | ||||||
| 6 | on particular priority goals, objectives,
and activities.
| ||||||
| 7 | (Source: P.A. 99-30, eff. 7-10-15; 99-143, eff. 7-27-15; | ||||||
| 8 | revised 10-21-15.)
| ||||||
| 9 | (105 ILCS 5/34-8.1) (from Ch. 122, par. 34-8.1)
| ||||||
| 10 | Sec. 34-8.1. Principals. Principals shall be employed to | ||||||
| 11 | supervise the
operation of each attendance center. Their powers | ||||||
| 12 | and duties shall include
but not be limited to the authority | ||||||
| 13 | (i) to
direct, supervise, evaluate, and suspend with or without | ||||||
| 14 | pay or otherwise
discipline all teachers, assistant | ||||||
| 15 | principals, and other employees assigned to
the attendance | ||||||
| 16 | center in accordance with board rules and policies and (ii) to
| ||||||
| 17 | direct
all other persons assigned to the
attendance center | ||||||
| 18 | pursuant to a contract with a third party to provide services
| ||||||
| 19 | to the school system. The right to employ, discharge, and | ||||||
| 20 | layoff shall be
vested solely with the board, provided that | ||||||
| 21 | decisions to
discharge or suspend
non-certified employees, | ||||||
| 22 | including disciplinary layoffs, and the
termination of | ||||||
| 23 | certified employees from employment pursuant to a layoff
or | ||||||
| 24 | reassignment policy are subject to review under the grievance | ||||||
| 25 | resolution
procedure adopted pursuant to subsection (c) of | ||||||
| |||||||
| |||||||
| 1 | Section 10 of the Illinois
Educational Labor Relations Act. The | ||||||
| 2 | grievance resolution procedure
adopted by the board shall | ||||||
| 3 | provide for final and binding arbitration, and,
| ||||||
| 4 | notwithstanding any other provision of law to the contrary, the
| ||||||
| 5 | arbitrator's decision may include all make-whole relief, | ||||||
| 6 | including without
limitation reinstatement. The principal | ||||||
| 7 | shall fill positions by
appointment as provided in this Section | ||||||
| 8 | and may make recommendations to the
board regarding the | ||||||
| 9 | employment, discharge, or layoff of any individual. The
| ||||||
| 10 | authority of the principal shall include the
authority to | ||||||
| 11 | direct the hours during which the attendance center
shall be | ||||||
| 12 | open and available for use provided the use complies with board | ||||||
| 13 | rules
and policies, to determine when and what operations shall | ||||||
| 14 | be conducted within
those hours, and to schedule staff within | ||||||
| 15 | those hours. Under the direction of, and subject to the | ||||||
| 16 | authority
of the principal, the Engineer In Charge shall
be | ||||||
| 17 | accountable for the safe, economical operation of the plant and | ||||||
| 18 | grounds
and shall also be responsible for orientation, | ||||||
| 19 | training,
and supervising the work of Engineers,
Trainees, | ||||||
| 20 | school maintenance assistants, custodial workers and other | ||||||
| 21 | plant
operation employees under his or her direction.
| ||||||
| 22 | There shall be established by the board a system of | ||||||
| 23 | semi-annual
evaluations conducted by the principal as to | ||||||
| 24 | performance of the engineer in charge. Nothing
in this Section | ||||||
| 25 | shall prevent the principal from conducting additional
| ||||||
| 26 | evaluations. An overall
numerical rating shall be given by the | ||||||
| |||||||
| |||||||
| 1 | principal based on the evaluation
conducted by the principal. | ||||||
| 2 | An unsatisfactory numerical rating shall result in
| ||||||
| 3 | disciplinary
action, which may include, without limitation and | ||||||
| 4 | in the judgment of the
principal, loss of
promotion
or bidding | ||||||
| 5 | procedure, reprimand, suspension with or without pay, or
| ||||||
| 6 | recommended dismissal. The board shall establish
procedures | ||||||
| 7 | for conducting the
evaluation
and reporting the results to the | ||||||
| 8 | engineer in charge.
| ||||||
| 9 | Under the direction of, and subject to the authority of, | ||||||
| 10 | the principal, the
Food Service Manager is responsible at
all | ||||||
| 11 | times for the proper operation and maintenance of the lunch | ||||||
| 12 | room to which
he is assigned and shall also be responsible for | ||||||
| 13 | the orientation, training, and
supervising the work of cooks, | ||||||
| 14 | bakers, porters,
and lunchroom attendants under his or
her | ||||||
| 15 | direction.
| ||||||
| 16 | There shall be established by the Board a system of | ||||||
| 17 | semi-annual
evaluations conducted by the principal as to the | ||||||
| 18 | performance of the food
service manager.
Nothing in this | ||||||
| 19 | Section shall prevent the principal from conducting
additional | ||||||
| 20 | evaluations. An overall numerical rating shall be given by the
| ||||||
| 21 | principal based on the
evaluation conducted by the principal. | ||||||
| 22 | An unsatisfactory numerical rating
shall
result in | ||||||
| 23 | disciplinary action which may include, without limitation and | ||||||
| 24 | in
the judgment of the principal, loss of promotion or bidding | ||||||
| 25 | procedure,
reprimand, suspension with or without pay, or | ||||||
| 26 | recommended dismissal. The board
shall establish rules for | ||||||
| |||||||
| |||||||
| 1 | conducting the evaluation and
reporting the results to the food | ||||||
| 2 | service manager.
| ||||||
| 3 | Nothing in this Section shall be interpreted to require the | ||||||
| 4 | employment or
assignment of an Engineer-In-Charge or a Food | ||||||
| 5 | Service Manager for each
attendance center.
| ||||||
| 6 | Principals shall be employed to supervise the educational | ||||||
| 7 | operation of
each attendance center. If a principal is absent | ||||||
| 8 | due to extended
illness or leave of or absence, an assistant | ||||||
| 9 | principal may be assigned as
acting principal for a period not | ||||||
| 10 | to exceed 100 school days. Each principal
shall assume | ||||||
| 11 | administrative responsibility and instructional leadership, in
| ||||||
| 12 | accordance with reasonable rules and regulations of the board, | ||||||
| 13 | for the
planning, operation and evaluation of the educational | ||||||
| 14 | program of the
attendance center to which he is assigned. The | ||||||
| 15 | principal shall submit
recommendations to the general | ||||||
| 16 | superintendent concerning the appointment,
dismissal, | ||||||
| 17 | retention, promotion, and assignment of all personnel assigned | ||||||
| 18 | to
the attendance center; provided, that from and after | ||||||
| 19 | September 1, 1989: (i) if
any vacancy occurs in a position at | ||||||
| 20 | the
attendance center or if an additional or new position is | ||||||
| 21 | created at the attendance center, that position shall be filled
| ||||||
| 22 | by appointment made by the principal in accordance with | ||||||
| 23 | procedures
established and provided by the Board
whenever the | ||||||
| 24 | majority of the duties included in that position are to be
| ||||||
| 25 | performed at the attendance center which is under the | ||||||
| 26 | principal's supervision,
and each such appointment so made by | ||||||
| |||||||
| |||||||
| 1 | the principal
shall be made and based upon merit and ability to | ||||||
| 2 | perform in that position
without regard to seniority or length | ||||||
| 3 | of service, provided, that such
appointments shall be subject | ||||||
| 4 | to the Board's desegregation obligations,
including but not | ||||||
| 5 | limited to the Consent Decree and Desegregation Plan in
U.S. v. | ||||||
| 6 | Chicago Board of Education; (ii)
the principal shall submit | ||||||
| 7 | recommendations based upon merit and ability to
perform in the | ||||||
| 8 | particular position, without regard to
seniority or length of | ||||||
| 9 | service, to the general
superintendent
concerning the | ||||||
| 10 | appointment of any teacher, teacher aide, counselor, clerk,
| ||||||
| 11 | hall guard, security guard and any other personnel which is
to | ||||||
| 12 | be made by the general superintendent whenever less than
a | ||||||
| 13 | majority
of the duties of that teacher, teacher aide, | ||||||
| 14 | counselor, clerk, hall guard,
and security guard and any other | ||||||
| 15 | personnel are to be performed
at the attendance center which is | ||||||
| 16 | under the principal's supervision; and
(iii) subject to law and | ||||||
| 17 | the applicable collective bargaining agreements,
the authority | ||||||
| 18 | and responsibilities of a principal with respect to the
| ||||||
| 19 | evaluation of all teachers and other personnel assigned to an | ||||||
| 20 | attendance
center shall commence immediately upon his or her | ||||||
| 21 | appointment as principal
of the attendance center, without | ||||||
| 22 | regard to the length of time that he or
she has been the | ||||||
| 23 | principal of that attendance center.
| ||||||
| 24 | Notwithstanding the existence of any other law of this | ||||||
| 25 | State, nothing in
this Act shall prevent the board from | ||||||
| 26 | entering into a contract with a third
party for services | ||||||
| |||||||
| |||||||
| 1 | currently performed by any employee or bargaining unit
member.
| ||||||
| 2 | Notwithstanding any other provision of this Article, each | ||||||
| 3 | principal may
approve contracts, binding on the board, in the | ||||||
| 4 | amount of no more than $10,000,
if the contract is endorsed by | ||||||
| 5 | the Local School Council.
| ||||||
| 6 | Unless otherwise prohibited by law or by rule of the board, | ||||||
| 7 | the principal
shall provide to local
school council members | ||||||
| 8 | copies of all
internal audits and any other pertinent | ||||||
| 9 | information generated by any audits or
reviews of the programs | ||||||
| 10 | and operation of the attendance center.
| ||||||
| 11 | Each principal shall hold a valid administrative
| ||||||
| 12 | certificate issued or exchanged in accordance with Article 21 | ||||||
| 13 | and endorsed
as required by that Article for the position of | ||||||
| 14 | principal. The board may
establish or impose academic,
| ||||||
| 15 | educational, examination, and experience requirements and
| ||||||
| 16 | criteria that are in addition
to those established and required | ||||||
| 17 | by Article 21 for issuance of a valid
certificate endorsed for | ||||||
| 18 | the position of principal as a condition of the nomination, | ||||||
| 19 | selection,
appointment,
employment, or continued employment of | ||||||
| 20 | a person as principal of any
attendance center, or as a | ||||||
| 21 | condition of the renewal of any principal's
performance | ||||||
| 22 | contract.
| ||||||
| 23 | The board shall specify in its formal job description for | ||||||
| 24 | principals,
and from and after July 1, 1990 shall specify in | ||||||
| 25 | the 4 year
performance contracts for use with respect to all | ||||||
| 26 | principals,
that his or her primary responsibility is in the | ||||||
| |||||||
| |||||||
| 1 | improvement of
instruction. A majority of the time spent by a | ||||||
| 2 | principal shall be spent on
curriculum and staff development | ||||||
| 3 | through both formal and informal
activities, establishing | ||||||
| 4 | clear lines of communication regarding school
goals, | ||||||
| 5 | accomplishments, practices and policies with parents and | ||||||
| 6 | teachers.
The principal, with the assistance of the local | ||||||
| 7 | school council, shall
develop a school improvement plan as | ||||||
| 8 | provided in Section 34-2.4 and, upon
approval of the plan by | ||||||
| 9 | the local school council, shall
be responsible for directing | ||||||
| 10 | implementation of the plan. The principal,
with the assistance | ||||||
| 11 | of the professional personnel leadership committee, shall
| ||||||
| 12 | develop the specific methods and contents of the school's | ||||||
| 13 | curriculum within
the board's system-wide curriculum standards | ||||||
| 14 | and objectives and the
requirements of the school improvement | ||||||
| 15 | plan. The board shall ensure that all
principals are evaluated | ||||||
| 16 | on their instructional leadership ability and their
ability to | ||||||
| 17 | maintain a positive education and learning climate. It shall | ||||||
| 18 | also
be the responsibility of the principal to utilize | ||||||
| 19 | resources of proper law
enforcement agencies when the safety | ||||||
| 20 | and welfare of students and teachers are
threatened by illegal | ||||||
| 21 | use of drugs and alcohol, by illegal use or possession
of | ||||||
| 22 | weapons, or by illegal gang activity.
| ||||||
| 23 | Nothing in this Section shall prohibit the board and the | ||||||
| 24 | exclusive representative of the district's teachers from | ||||||
| 25 | entering into an agreement under Section 34-85c of this Code to | ||||||
| 26 | establish alternative procedures for teacher evaluation, | ||||||
| |||||||
| |||||||
| 1 | remediation, and removal for cause after remediation, | ||||||
| 2 | including an alternative system for peer evaluation and | ||||||
| 3 | recommendations, for teachers assigned to schools identified | ||||||
| 4 | in that agreement.
| ||||||
| 5 | On or before October 1, 1989, the Board of Education, in | ||||||
| 6 | consultation
with any professional organization representing | ||||||
| 7 | principals in the district,
shall promulgate rules and | ||||||
| 8 | implement a lottery for the purpose of
determining whether a | ||||||
| 9 | principal's existing performance contract (including
the | ||||||
| 10 | performance contract applicable to any principal's position in | ||||||
| 11 | which a
vacancy then exists) expires on June 30, 1990 or on | ||||||
| 12 | June 30, 1991, and
whether the ensuing 4 year performance | ||||||
| 13 | contract begins on July 1, 1990 or
July 1, 1991. The Board of | ||||||
| 14 | Education shall establish and conduct the
lottery in such | ||||||
| 15 | manner that of all the performance contracts of principals
| ||||||
| 16 | (including the performance contracts applicable to all | ||||||
| 17 | principal positions
in which a vacancy then exists), 50% of | ||||||
| 18 | such contracts shall expire on June
30, 1990, and 50% shall | ||||||
| 19 | expire on June 30, 1991. All persons serving as
principal on | ||||||
| 20 | May 1, 1989, and all persons appointed as principal after May
| ||||||
| 21 | 1, 1989 and prior to July 1, 1990 or July 1, 1991, in a manner | ||||||
| 22 | other than
as provided by Section 34-2.3, shall be deemed by | ||||||
| 23 | operation of
law to be serving under a performance contract | ||||||
| 24 | which expires on June 30,
1990 or June 30, 1991; and unless | ||||||
| 25 | such performance contract of any such
principal is renewed (or | ||||||
| 26 | such person is again appointed to serve as
principal) in the | ||||||
| |||||||
| |||||||
| 1 | manner provided by Section 34-2.2 or 34-2.3, the
employment of | ||||||
| 2 | such person as principal shall terminate on June 30, 1990
or | ||||||
| 3 | June 30, 1991.
| ||||||
| 4 | Commencing on July 1, 1990, or on July 1, 1991, and | ||||||
| 5 | thereafter, the
principal of each attendance center shall be | ||||||
| 6 | the person selected in the
manner provided by Section 34-2.3 to | ||||||
| 7 | serve as principal of that attendance
center under a 4 year | ||||||
| 8 | performance contract. All performance contracts of
principals | ||||||
| 9 | expiring after July 1, 1990, or July 1, 1991, shall commence on
| ||||||
| 10 | the date specified in the contract, and the renewal of their | ||||||
| 11 | performance
contracts and the appointment of principals when | ||||||
| 12 | their performance contracts
are not renewed shall be governed | ||||||
| 13 | by Sections 34-2.2 and 34-2.3. Whenever a
vacancy in the office | ||||||
| 14 | of a principal occurs for any reason, the vacancy shall
be | ||||||
| 15 | filled by the selection of a new principal to serve under a 4 | ||||||
| 16 | year
performance contract in the manner provided by Section | ||||||
| 17 | 34-2.3.
| ||||||
| 18 | The board of education shall develop and prepare, in | ||||||
| 19 | consultation with
the organization representing principals, a | ||||||
| 20 | performance contract for
use
at all attendance centers, and | ||||||
| 21 | shall furnish the same to each local school
council. The term | ||||||
| 22 | of the performance contract shall be 4 years, unless the
| ||||||
| 23 | principal is retained by the decision of a hearing officer | ||||||
| 24 | pursuant to
subdivision 1.5 of Section 34-2.3, in which case | ||||||
| 25 | the contract shall be
extended for 2 years. The performance
| ||||||
| 26 | contract of each principal shall consist of the
uniform | ||||||
| |||||||
| |||||||
| 1 | performance contract, as developed or from time to time | ||||||
| 2 | modified by the
board, and such additional criteria as are | ||||||
| 3 | established by a local school
council pursuant to Section | ||||||
| 4 | 34-2.3 for the performance contract of its
principal.
| ||||||
| 5 | During the term of his or her performance contract, a | ||||||
| 6 | principal may be
removed only as provided for in the | ||||||
| 7 | performance contract except for cause.
He or she shall also be | ||||||
| 8 | obliged to follow the rules of the board of
education | ||||||
| 9 | concerning conduct and efficiency.
| ||||||
| 10 | In the event the performance contract of a principal is not | ||||||
| 11 | renewed or a
principal is not reappointed as principal under a | ||||||
| 12 | new performance contract,
or in the event a principal is | ||||||
| 13 | appointed to any position of
superintendent or higher position, | ||||||
| 14 | or voluntarily
resigns his position of principal, his or her | ||||||
| 15 | employment as a principal
shall terminate and such former | ||||||
| 16 | principal shall not be
reinstated to the position from which he | ||||||
| 17 | or she was promoted to principal,
except that he or she, if | ||||||
| 18 | otherwise qualified and certified in accordance
with Article | ||||||
| 19 | 21, shall be placed by the board on appropriate eligibility
| ||||||
| 20 | lists which it prepares for use in the filling of vacant or | ||||||
| 21 | additional or
newly created positions for teachers. The | ||||||
| 22 | principal's total years of
service to the board as both a | ||||||
| 23 | teacher and a principal, or in other
professional capacities, | ||||||
| 24 | shall be used in calculating years of experience
for purposes | ||||||
| 25 | of being selected as a teacher into new, additional or vacant
| ||||||
| 26 | positions.
| ||||||
| |||||||
| |||||||
| 1 | In the event the performance contract of a principal is not | ||||||
| 2 | renewed or
a principal is not reappointed as principal under a | ||||||
| 3 | new performance
contract, such principal shall be eligible to | ||||||
| 4 | continue to receive his or
her previously provided level of | ||||||
| 5 | health insurance benefits for a period of
90 days following the | ||||||
| 6 | non-renewal of the contract at no expense to the
principal, | ||||||
| 7 | provided that such principal has not retired.
| ||||||
| 8 | (Source: P.A. 95-331, eff. 8-21-07; 95-510, eff. 8-28-07; | ||||||
| 9 | revised 10-9-15.)
| ||||||
| 10 | Section 255. The University of Illinois Act is amended by | ||||||
| 11 | changing Section 9 as follows:
| ||||||
| 12 | (110 ILCS 305/9) (from Ch. 144, par. 30)
| ||||||
| 13 | Sec. 9. Scholarships for children of veterans. For each of | ||||||
| 14 | the following
periods of hostilities, each county shall be | ||||||
| 15 | entitled, annually, to one
honorary scholarship in the | ||||||
| 16 | University, for the benefit of the children of
persons who | ||||||
| 17 | served in the armed forces of the United States, except that | ||||||
| 18 | the total number of scholarships annually granted to recipients | ||||||
| 19 | from each county may not exceed 3: any time between September | ||||||
| 20 | 16, 1940 and the
termination of World War II, any time during | ||||||
| 21 | the national emergency
between June 25, 1950 and January 31, | ||||||
| 22 | 1955, any time during the Viet
Nam conflict between January 1, | ||||||
| 23 | 1961 and May 7, 1975, any time during the siege of Beirut and | ||||||
| 24 | the Grenada Conflict between June 14, 1982 and December 15, | ||||||
| |||||||
| |||||||
| 1 | 1983, or any
time on or after August 2, 1990 and until Congress | ||||||
| 2 | or the President orders that
persons in service are no longer | ||||||
| 3 | eligible for
the Southwest Asia Service Medal, Operation | ||||||
| 4 | Enduring Freedom, and Operation Iraqi Freedom. Preference for | ||||||
| 5 | scholarships shall be
given to the children of persons who are | ||||||
| 6 | deceased or to the children of persons who have a disability. | ||||||
| 7 | Such scholarships shall be
granted to such pupils as shall, | ||||||
| 8 | upon public examination, conducted as
the board of trustees of | ||||||
| 9 | the University may determine, be decided to
have attained the | ||||||
| 10 | greatest proficiency in the branches of learning
usually taught | ||||||
| 11 | in the secondary schools, and who shall be of good moral
| ||||||
| 12 | character, and not less than 15 years of age. Such pupils, so | ||||||
| 13 | selected,
shall be entitled to receive, without charge for | ||||||
| 14 | tuition, instruction in
any or all departments of the | ||||||
| 15 | University for a term of at least 4
consecutive years. Such | ||||||
| 16 | pupils shall conform, in all respects, to the
rules and | ||||||
| 17 | regulations of the University, established for the government
| ||||||
| 18 | of the pupils in attendance.
| ||||||
| 19 | (Source: P.A. 99-143, eff. 7-27-15; 99-377, eff. 8-17-15; | ||||||
| 20 | revised 10-21-15.)
| ||||||
| 21 | Section 260. The Illinois Credit Union Act is amended by | ||||||
| 22 | changing Section 46 as follows:
| ||||||
| 23 | (205 ILCS 305/46) (from Ch. 17, par. 4447)
| ||||||
| 24 | Sec. 46. Loans and interest rate.
| ||||||
| |||||||
| |||||||
| 1 | (1) A credit union may make loans
to its members for such | ||||||
| 2 | purpose and upon such security and terms, including
rates of | ||||||
| 3 | interest, as the credit committee, credit manager, or loan | ||||||
| 4 | officer
approves.
Notwithstanding the provisions of any other | ||||||
| 5 | law in connection with extensions
of credit, a credit union may | ||||||
| 6 | elect to
contract for and receive interest and fees and other | ||||||
| 7 | charges for extensions of
credit subject only to the provisions | ||||||
| 8 | of this Act and rules promulgated under
this Act, except that | ||||||
| 9 | extensions of credit secured by residential real estate
shall | ||||||
| 10 | be subject to the laws applicable thereto.
The rates of | ||||||
| 11 | interest to be charged on loans to members shall be
set by the | ||||||
| 12 | board of directors of each individual credit union in | ||||||
| 13 | accordance with Section 30 of this Act and such
rates may be | ||||||
| 14 | less than, but may not exceed, the maximum rate set forth in
| ||||||
| 15 | this Section. A borrower may repay his loan prior to maturity, | ||||||
| 16 | in whole or
in part, without penalty. The credit contract may | ||||||
| 17 | provide for the payment
by the member and receipt by the credit | ||||||
| 18 | union of all costs and
disbursements, including reasonable | ||||||
| 19 | attorney's fees and collection agency
charges, incurred by the | ||||||
| 20 | credit union to collect or enforce the debt in the
event of a | ||||||
| 21 | delinquency by the member, or in the event of a breach of any
| ||||||
| 22 | obligation of the member under the credit contract. A | ||||||
| 23 | contingency or
hourly arrangement established under an | ||||||
| 24 | agreement entered into by a credit
union with an attorney or | ||||||
| 25 | collection agency to collect a loan of a member
in default | ||||||
| 26 | shall be presumed prima facie reasonable.
| ||||||
| |||||||
| |||||||
| 1 | (2) Credit unions may make loans based upon the security of | ||||||
| 2 | any
interest or equity in real estate, subject to rules and | ||||||
| 3 | regulations
promulgated by the Secretary. In any contract or | ||||||
| 4 | loan which
is secured by a mortgage, deed of
trust, or | ||||||
| 5 | conveyance in the nature of a mortgage, on residential real
| ||||||
| 6 | estate, the interest which is computed, calculated, charged, or | ||||||
| 7 | collected
pursuant to such contract or loan, or pursuant to any | ||||||
| 8 | regulation or rule
promulgated pursuant to this Act, may not be | ||||||
| 9 | computed, calculated, charged
or collected for any period of | ||||||
| 10 | time occurring after the date on which the
total indebtedness, | ||||||
| 11 | with the exception of late payment penalties, is paid
in full.
| ||||||
| 12 | For purposes of this subsection (2) of this Section 46, a | ||||||
| 13 | prepayment
shall mean the payment of the total indebtedness, | ||||||
| 14 | with the exception of
late payment penalties if incurred or | ||||||
| 15 | charged, on any date before the date
specified in the contract | ||||||
| 16 | or loan agreement on which the total indebtedness
shall be paid | ||||||
| 17 | in full, or before the date on which all payments, if timely
| ||||||
| 18 | made, shall have been made. In the event of a prepayment of the
| ||||||
| 19 | indebtedness which is made on a date
after the date on which | ||||||
| 20 | interest on the indebtedness was last computed,
calculated, | ||||||
| 21 | charged, or collected but before the next date on which | ||||||
| 22 | interest
on the indebtedness was to be calculated, computed, | ||||||
| 23 | charged, or collected,
the lender may calculate, charge and | ||||||
| 24 | collect interest on the indebtedness
for the period which | ||||||
| 25 | elapsed between the date on which the prepayment is
made and | ||||||
| 26 | the date on which interest on the indebtedness was last | ||||||
| |||||||
| |||||||
| 1 | computed,
calculated, charged or collected at a rate equal to | ||||||
| 2 | 1/360 of the annual
rate for each day which so elapsed, which | ||||||
| 3 | rate shall be applied to the
indebtedness outstanding as of the | ||||||
| 4 | date of prepayment. The lender shall
refund to the borrower any | ||||||
| 5 | interest charged or collected which exceeds that
which the | ||||||
| 6 | lender may charge or collect pursuant to the preceding | ||||||
| 7 | sentence.
The provisions of Public Act 84-941 this amendatory | ||||||
| 8 | Act of 1985 shall apply only to contracts
or loans entered into | ||||||
| 9 | on or after January 1, 1986 (the effective date of Public Act | ||||||
| 10 | 84-941) this amendatory
Act.
| ||||||
| 11 | (3) (Blank).
| ||||||
| 12 | (4) Notwithstanding any other provisions of this Act, a | ||||||
| 13 | credit union
authorized under this Act to make loans secured by | ||||||
| 14 | an interest or equity
in real property may engage in making | ||||||
| 15 | revolving credit loans secured by
mortgages or deeds of trust | ||||||
| 16 | on such real property or by security
assignments of beneficial | ||||||
| 17 | interests in land trusts.
| ||||||
| 18 | For purposes of this Section, "revolving credit" has the | ||||||
| 19 | meaning defined
in Section 4.1 of the Interest Act.
| ||||||
| 20 | Any mortgage or deed of trust given to secure a revolving | ||||||
| 21 | credit loan may,
and when so expressed therein shall, secure | ||||||
| 22 | not only the existing indebtedness
but also such future | ||||||
| 23 | advances, whether such advances are obligatory or to
be made at | ||||||
| 24 | the option of the lender, or otherwise, as are made within | ||||||
| 25 | twenty
years from the date thereof, to the same extent as if | ||||||
| 26 | such future advances
were made on the date of the execution of | ||||||
| |||||||
| |||||||
| 1 | such mortgage or deed of trust,
although there may be no | ||||||
| 2 | advance made at the time of execution of such mortgage
or other | ||||||
| 3 | instrument, and although there may be no indebtedness | ||||||
| 4 | outstanding
at the time any advance is made. The lien of such | ||||||
| 5 | mortgage or deed of trust,
as to third persons
without actual | ||||||
| 6 | notice thereof, shall be valid as to all such indebtedness
and | ||||||
| 7 | future advances form the time said mortgage or deed of trust is | ||||||
| 8 | filed
for record in the office of the recorder of deeds or the | ||||||
| 9 | registrar of titles
of the county where the real property | ||||||
| 10 | described therein is located. The
total amount of indebtedness | ||||||
| 11 | that may be so secured may increase or decrease
from time to | ||||||
| 12 | time, but the total unpaid balance so secured at any one time
| ||||||
| 13 | shall not exceed a maximum principal amount which must be | ||||||
| 14 | specified in such
mortgage or deed of trust, plus interest | ||||||
| 15 | thereon, and any disbursements
made for the payment of taxes, | ||||||
| 16 | special assessments, or insurance on said
real property, with | ||||||
| 17 | interest on such disbursements.
| ||||||
| 18 | Any such mortgage or deed of trust shall be valid and have | ||||||
| 19 | priority over
all subsequent liens and encumbrances, including | ||||||
| 20 | statutory liens, except
taxes and assessments levied on said | ||||||
| 21 | real property.
| ||||||
| 22 | (4-5) For purposes of this Section, "real estate" and "real | ||||||
| 23 | property" include a manufactured home as defined in subdivision | ||||||
| 24 | (53) of Section 9-102 of the Uniform Commercial Code which is | ||||||
| 25 | real property as defined in Section 5-35 of the Conveyance and | ||||||
| 26 | Encumbrance of Manufactured Homes as Real Property and | ||||||
| |||||||
| |||||||
| 1 | Severance Act. | ||||||
| 2 | (5) Compliance with federal or Illinois preemptive laws or | ||||||
| 3 | regulations
governing loans made by a credit union chartered | ||||||
| 4 | under this Act shall
constitute compliance with this Act.
| ||||||
| 5 | (6) Credit unions may make residential real estate mortgage | ||||||
| 6 | loans on terms and conditions established by the United States | ||||||
| 7 | Department of Agriculture through its Rural Development | ||||||
| 8 | Housing and Community Facilities Program. The portion of any | ||||||
| 9 | loan in excess of the appraised value of the real estate shall | ||||||
| 10 | be allocable only to the guarantee fee required under the | ||||||
| 11 | program. | ||||||
| 12 | (7) For a renewal, refinancing, or restructuring of an | ||||||
| 13 | existing loan at the credit union that is secured by an | ||||||
| 14 | interest or equity in real estate, a new appraisal of the | ||||||
| 15 | collateral shall not be required when (i) no new moneys are | ||||||
| 16 | advanced other than funds necessary to cover reasonable closing | ||||||
| 17 | costs, or (ii) there has been no obvious or material change in | ||||||
| 18 | market conditions or physical aspects of the real estate that | ||||||
| 19 | threatens the adequacy of the credit union's real estate | ||||||
| 20 | collateral protection after the transaction, even with the | ||||||
| 21 | advancement of new moneys. The Department reserves the right to | ||||||
| 22 | require an appraisal under this subsection (7) whenever the | ||||||
| 23 | Department believes it is necessary to address safety and | ||||||
| 24 | soundness concerns. | ||||||
| 25 | (Source: P.A. 98-749, eff. 7-16-14; 98-784, eff. 7-24-14; | ||||||
| 26 | 99-78, eff. 7-20-15; 99-149, eff. 1-1-16; 99-331, eff. 1-1-16; | ||||||
| |||||||
| |||||||
| 1 | revised 10-16-15.)
| ||||||
| 2 | Section 265. The Corporate Fiduciary Act is amended by | ||||||
| 3 | changing Section 5-10.5 as follows:
| ||||||
| 4 | (205 ILCS 620/5-10.5)
| ||||||
| 5 | Sec. 5-10.5. Disclosure of records. A corporate fiduciary | ||||||
| 6 | may not
disclose to any person, except to the customer or the | ||||||
| 7 | customer's duly
authorized agent, any records pertaining to the | ||||||
| 8 | fiduciary relationship between
the corporate fiduciary and the | ||||||
| 9 | customer unless:
| ||||||
| 10 | (1) the instrument or court order establishing the | ||||||
| 11 | fiduciary relationship
permits the record to be disclosed | ||||||
| 12 | under the circumstances;
| ||||||
| 13 | (2) applicable law authorizes the disclosure;
| ||||||
| 14 | (3) disclosure by the corporate fiduciary is necessary | ||||||
| 15 | to perform a
transaction or act that is authorized by the | ||||||
| 16 | instrument or court order
establishing the fiduciary | ||||||
| 17 | relationship relation ship; or
| ||||||
| 18 | (4) Section 48.1 of the Illinois Banking Act would | ||||||
| 19 | permit a bank to disclose
the record to the same extent | ||||||
| 20 | under the circumstances.
| ||||||
| 21 | For purposes of this Section, "customer" means the person | ||||||
| 22 | or individual who
contracted to establish the fiduciary | ||||||
| 23 | relationship or who executed any
instrument or document from | ||||||
| 24 | which the fiduciary relationship was established, a
person | ||||||
| |||||||
| |||||||
| 1 | authorized by the customer to provide such direction or, if the
| ||||||
| 2 | instrument, law, or court order so permits, the beneficiaries | ||||||
| 3 | of the fiduciary
relationship.
| ||||||
| 4 | (Source: P.A. 89-364, eff. 8-18-95; revised 10-14-15.)
| ||||||
| 5 | Section 270. The Ambulatory Surgical Treatment Center Act | ||||||
| 6 | is amended by changing Section 6.5 as follows:
| ||||||
| 7 | (210 ILCS 5/6.5)
| ||||||
| 8 | Sec. 6.5. Clinical privileges; advanced practice nurses. | ||||||
| 9 | All ambulatory surgical treatment centers (ASTC) licensed | ||||||
| 10 | under this Act
shall
comply with the following requirements:
| ||||||
| 11 | (1) No ASTC policy, rule, regulation, or practice shall | ||||||
| 12 | be inconsistent
with the provision of adequate | ||||||
| 13 | collaboration and consultation in accordance with Section | ||||||
| 14 | 54.5 of the Medical
Practice Act of 1987.
| ||||||
| 15 | (2) Operative surgical procedures shall be performed | ||||||
| 16 | only by a physician
licensed to
practice medicine in
all | ||||||
| 17 | its branches under the Medical Practice Act of 1987, a | ||||||
| 18 | dentist
licensed under the
Illinois Dental Practice Act, or | ||||||
| 19 | a podiatric physician licensed under the Podiatric
Medical | ||||||
| 20 | Practice Act of 1987,
with medical staff membership and | ||||||
| 21 | surgical clinical privileges granted by the
consulting
| ||||||
| 22 | committee of the ASTC. A licensed physician, dentist, or | ||||||
| 23 | podiatric physician may
be assisted by
a physician licensed | ||||||
| 24 | to practice medicine in all its branches, dentist, dental
| ||||||
| |||||||
| |||||||
| 1 | assistant, podiatric physician, licensed
advanced practice | ||||||
| 2 | nurse, licensed physician assistant, licensed
registered | ||||||
| 3 | nurse, licensed practical nurse,
surgical
assistant, | ||||||
| 4 | surgical technician, or other individuals granted clinical
| ||||||
| 5 | privileges to assist in surgery
by the consulting committee | ||||||
| 6 | of the ASTC.
Payment for services rendered by an assistant | ||||||
| 7 | in surgery who is not an
ambulatory surgical treatment | ||||||
| 8 | center employee shall be paid
at the appropriate | ||||||
| 9 | non-physician modifier
rate if the payor would have made | ||||||
| 10 | payment had the same services been provided
by a physician.
| ||||||
| 11 | (2.5) A registered nurse licensed under the Nurse | ||||||
| 12 | Practice Act and qualified by training and experience in | ||||||
| 13 | operating room nursing shall be present in the operating | ||||||
| 14 | room and function as the circulating nurse during all | ||||||
| 15 | invasive or operative procedures. For purposes of this | ||||||
| 16 | paragraph (2.5), "circulating nurse" means a registered | ||||||
| 17 | nurse who is responsible for coordinating all nursing care, | ||||||
| 18 | patient safety needs, and the needs of the surgical team in | ||||||
| 19 | the operating room during an invasive or operative | ||||||
| 20 | procedure.
| ||||||
| 21 | (3) An advanced practice nurse is not required to | ||||||
| 22 | possess prescriptive authority or a written collaborative | ||||||
| 23 | agreement meeting the requirements of the Nurse Practice | ||||||
| 24 | Act to provide advanced practice nursing services in an | ||||||
| 25 | ambulatory surgical treatment center. An advanced practice | ||||||
| 26 | nurse must possess clinical privileges granted by the | ||||||
| |||||||
| |||||||
| 1 | consulting medical staff committee and ambulatory surgical | ||||||
| 2 | treatment center in order to provide services. Individual | ||||||
| 3 | advanced practice nurses may also be granted clinical | ||||||
| 4 | privileges to order, select, and administer medications, | ||||||
| 5 | including controlled substances, to provide delineated | ||||||
| 6 | care. The attending physician must determine the advanced | ||||||
| 7 | advance practice nurse's role in providing care for his or | ||||||
| 8 | her patients, except as otherwise provided in the | ||||||
| 9 | consulting staff policies. The consulting medical staff | ||||||
| 10 | committee shall periodically review the services of | ||||||
| 11 | advanced practice nurses granted privileges.
| ||||||
| 12 | (4) The anesthesia service shall be under the direction | ||||||
| 13 | of a physician
licensed to practice
medicine in all its | ||||||
| 14 | branches who has had specialized preparation or experience
| ||||||
| 15 | in the area
or who has completed a residency in | ||||||
| 16 | anesthesiology. An anesthesiologist, Board
certified or
| ||||||
| 17 | Board eligible, is recommended. Anesthesia services may
| ||||||
| 18 | only be
administered pursuant to the order of a physician | ||||||
| 19 | licensed to practice medicine
in all its
branches, licensed | ||||||
| 20 | dentist, or licensed podiatric physician.
| ||||||
| 21 | (A) The individuals who, with clinical privileges | ||||||
| 22 | granted by the medical
staff and ASTC, may
administer | ||||||
| 23 | anesthesia services are limited to the
following:
| ||||||
| 24 | (i) an anesthesiologist; or
| ||||||
| 25 | (ii) a physician licensed to practice medicine | ||||||
| 26 | in all its branches; or
| ||||||
| |||||||
| |||||||
| 1 | (iii) a dentist with authority to administer | ||||||
| 2 | anesthesia under Section
8.1 of the
Illinois | ||||||
| 3 | Dental Practice Act; or
| ||||||
| 4 | (iv) a licensed certified registered nurse | ||||||
| 5 | anesthetist; or | ||||||
| 6 | (v) a podiatric physician licensed under the | ||||||
| 7 | Podiatric Medical Practice Act of 1987.
| ||||||
| 8 | (B) For anesthesia services, an anesthesiologist
| ||||||
| 9 | shall
participate through discussion of and agreement | ||||||
| 10 | with the anesthesia plan and
shall remain physically | ||||||
| 11 | present and be
available on
the premises during the | ||||||
| 12 | delivery of anesthesia services for
diagnosis, | ||||||
| 13 | consultation, and treatment of emergency medical
| ||||||
| 14 | conditions.
In the absence of 24-hour availability of | ||||||
| 15 | anesthesiologists with clinical
privileges, an | ||||||
| 16 | alternate policy (requiring
participation, presence,
| ||||||
| 17 | and availability of a
physician licensed to practice | ||||||
| 18 | medicine in all its
branches) shall be
developed by the | ||||||
| 19 | medical staff consulting committee in consultation | ||||||
| 20 | with the
anesthesia service and included in the medical
| ||||||
| 21 | staff
consulting committee policies.
| ||||||
| 22 | (C) A certified registered nurse anesthetist is | ||||||
| 23 | not required to possess
prescriptive authority or a | ||||||
| 24 | written collaborative agreement meeting the
| ||||||
| 25 | requirements of Section 65-35 of the Nurse Practice Act
| ||||||
| 26 | to provide anesthesia services
ordered by a licensed | ||||||
| |||||||
| |||||||
| 1 | physician, dentist, or podiatric physician. Licensed | ||||||
| 2 | certified
registered nurse anesthetists are authorized | ||||||
| 3 | to
select, order, and
administer drugs and apply the | ||||||
| 4 | appropriate medical devices in the provision of
| ||||||
| 5 | anesthesia
services under the anesthesia plan agreed | ||||||
| 6 | with by the
anesthesiologist or, in the absence of an | ||||||
| 7 | available anesthesiologist with
clinical privileges,
| ||||||
| 8 | agreed with by the
operating physician, operating | ||||||
| 9 | dentist, or operating podiatric physician in | ||||||
| 10 | accordance
with the medical
staff consulting committee | ||||||
| 11 | policies of a licensed ambulatory surgical treatment
| ||||||
| 12 | center.
| ||||||
| 13 | (Source: P.A. 98-214, eff. 8-9-13; revised 10-21-15.)
| ||||||
| 14 | Section 275. The Abused and Neglected Long Term Care | ||||||
| 15 | Facility Residents Reporting
Act is amended by changing Section | ||||||
| 16 | 6 as follows:
| ||||||
| 17 | (210 ILCS 30/6) (from Ch. 111 1/2, par. 4166)
| ||||||
| 18 | Sec. 6. All reports of suspected abuse or neglect made | ||||||
| 19 | under this Act
shall be made immediately by telephone to the | ||||||
| 20 | Department's central register
established under Section 14 on | ||||||
| 21 | the single, State-wide, toll-free telephone
number established | ||||||
| 22 | under Section 13, or in person or by telephone through
the | ||||||
| 23 | nearest Department office. No long term care facility | ||||||
| 24 | administrator,
agent or employee, or any other person, shall | ||||||
| |||||||
| |||||||
| 1 | screen reports or otherwise
withhold any reports from the | ||||||
| 2 | Department, and no long term care facility,
department of State | ||||||
| 3 | government, or other agency shall establish any rules,
| ||||||
| 4 | criteria, standards or guidelines to the contrary. Every long | ||||||
| 5 | term care
facility, department of State government and other | ||||||
| 6 | agency whose employees
are required to make or cause to be made | ||||||
| 7 | reports under Section 4 shall
notify its employees of the | ||||||
| 8 | provisions of that Section and of this Section,
and provide to | ||||||
| 9 | the Department documentation that such notification has been
| ||||||
| 10 | given. The Department of Human Services shall train all of its | ||||||
| 11 | mental health and developmental
disabilities employees in the | ||||||
| 12 | detection and reporting of suspected
abuse and neglect of | ||||||
| 13 | residents. Reports made to the central register
through the | ||||||
| 14 | State-wide, toll-free telephone number shall be transmitted to
| ||||||
| 15 | appropriate Department offices and municipal health | ||||||
| 16 | departments that have
responsibility for licensing long term | ||||||
| 17 | care facilities under the Nursing
Home Care Act, the | ||||||
| 18 | Specialized Mental Health Rehabilitation Act of 2013, the ID/DD | ||||||
| 19 | Community Care Act, or the MC/DD Act. All reports received | ||||||
| 20 | through offices of the Department
shall be forwarded to the | ||||||
| 21 | central register, in a manner and form described
by the | ||||||
| 22 | Department. The Department shall be capable of receiving | ||||||
| 23 | reports of
suspected abuse and neglect 24 hours a day, 7 days a | ||||||
| 24 | week. Reports shall
also be made in writing deposited in the | ||||||
| 25 | U.S. mail, postage prepaid, within
24 hours after having | ||||||
| 26 | reasonable cause to believe that the condition of the
resident | ||||||
| |||||||
| |||||||
| 1 | resulted from abuse or neglect. Such reports may in addition be
| ||||||
| 2 | made to the local law enforcement agency in the same manner. | ||||||
| 3 | However, in
the event a report is made to the local law | ||||||
| 4 | enforcement agency, the
reporter also shall immediately so | ||||||
| 5 | inform the Department. The Department
shall initiate an | ||||||
| 6 | investigation of each report of resident abuse and
neglect | ||||||
| 7 | under this Act, whether oral or written, as provided for in | ||||||
| 8 | Section 3-702 of the Nursing Home Care Act, Section 2-208 of | ||||||
| 9 | the Specialized Mental Health Rehabilitation Act of 2013, | ||||||
| 10 | Section 3-702 of the ID/DD Community Care Act, or Section 3-702 | ||||||
| 11 | of the MC/DD Act, except that reports of abuse which
indicate | ||||||
| 12 | that a resident's life or safety is in imminent danger shall be
| ||||||
| 13 | investigated within 24 hours of such report. The Department may | ||||||
| 14 | delegate to
law enforcement officials or other public agencies | ||||||
| 15 | the duty to perform such
investigation.
| ||||||
| 16 | With respect to investigations of reports of suspected | ||||||
| 17 | abuse or neglect
of residents of mental health and | ||||||
| 18 | developmental disabilities institutions
under the jurisdiction | ||||||
| 19 | of the Department of
Human Services, the
Department shall | ||||||
| 20 | transmit
copies of such reports to the Department of State | ||||||
| 21 | Police, the Department of
Human Services, and the
Inspector | ||||||
| 22 | General
appointed under Section 1-17 of the Department of Human | ||||||
| 23 | Services Act. If the Department receives a report
of suspected | ||||||
| 24 | abuse or neglect of a recipient of services as defined in | ||||||
| 25 | Section
1-123 of the Mental Health and Developmental | ||||||
| 26 | Disabilities Code, the
Department shall transmit copies of such | ||||||
| |||||||
| |||||||
| 1 | report to the Inspector General
and the Directors of the | ||||||
| 2 | Guardianship and Advocacy Commission and the
agency designated | ||||||
| 3 | by the Governor pursuant to the Protection and Advocacy
for | ||||||
| 4 | Persons with Developmental Disabilities Act. When requested by | ||||||
| 5 | the Director
of the Guardianship and Advocacy Commission, the | ||||||
| 6 | agency designated by the
Governor pursuant to the Protection | ||||||
| 7 | and Advocacy for Persons with Developmental Disabilities Act, | ||||||
| 8 | or the Department of Financial and Professional Regulation, the | ||||||
| 9 | Department, the Department of Human Services and the Department | ||||||
| 10 | of State Police shall make
available a copy of the final | ||||||
| 11 | investigative report regarding investigations
conducted by | ||||||
| 12 | their respective agencies on incidents of suspected abuse or
| ||||||
| 13 | neglect of residents of mental health and developmental | ||||||
| 14 | disabilities
institutions or individuals receiving services at | ||||||
| 15 | community agencies under the jurisdiction of the Department of | ||||||
| 16 | Human Services. Such final investigative
report shall not | ||||||
| 17 | contain witness statements, investigation notes, draft
| ||||||
| 18 | summaries, results of lie detector tests, investigative files | ||||||
| 19 | or other raw data
which was used to compile the final | ||||||
| 20 | investigative report. Specifically, the
final investigative | ||||||
| 21 | report of the Department of State Police shall mean the
| ||||||
| 22 | Director's final transmittal letter. The Department of Human | ||||||
| 23 | Services shall also make available a
copy of the results of | ||||||
| 24 | disciplinary proceedings of employees involved in
incidents of | ||||||
| 25 | abuse or neglect to the Directors. All identifiable
information | ||||||
| 26 | in reports provided shall not be further disclosed except as
| ||||||
| |||||||
| |||||||
| 1 | provided by the Mental Health and Developmental Disabilities
| ||||||
| 2 | Confidentiality Act. Nothing in this Section is intended to | ||||||
| 3 | limit or
construe the power or authority granted to the agency | ||||||
| 4 | designated by the
Governor pursuant to the Protection and | ||||||
| 5 | Advocacy for Persons with Developmental Disabilities Act, | ||||||
| 6 | pursuant to any other State or federal statute.
| ||||||
| 7 | With respect to investigations of reported resident abuse | ||||||
| 8 | or neglect, the
Department shall effect with appropriate law | ||||||
| 9 | enforcement agencies formal
agreements concerning methods and | ||||||
| 10 | procedures for the conduct of investigations
into the criminal | ||||||
| 11 | histories of any administrator, staff assistant or employee
of | ||||||
| 12 | the nursing home or other person responsible for the residents | ||||||
| 13 | care,
as well as for other residents in the nursing home who | ||||||
| 14 | may be in a position
to abuse, neglect or exploit the patient. | ||||||
| 15 | Pursuant to the formal agreements
entered into with appropriate | ||||||
| 16 | law enforcement agencies, the Department may
request | ||||||
| 17 | information with respect to whether the person or persons set | ||||||
| 18 | forth
in this paragraph have ever been charged with a crime and | ||||||
| 19 | if so, the
disposition of those charges. Unless the criminal | ||||||
| 20 | histories of the
subjects involved crimes of violence or | ||||||
| 21 | resident abuse or neglect, the
Department shall be entitled | ||||||
| 22 | only to information limited in scope to
charges and their | ||||||
| 23 | dispositions. In cases where prior crimes of violence or
| ||||||
| 24 | resident abuse or neglect are involved, a more detailed report | ||||||
| 25 | can be made
available to authorized representatives of the | ||||||
| 26 | Department, pursuant to the
agreements entered into with | ||||||
| |||||||
| |||||||
| 1 | appropriate law enforcement agencies. Any
criminal charges and | ||||||
| 2 | their disposition information obtained by the
Department shall | ||||||
| 3 | be confidential and may not be transmitted outside the
| ||||||
| 4 | Department, except as required herein, to authorized | ||||||
| 5 | representatives or
delegates of the Department, and may not be | ||||||
| 6 | transmitted to anyone within
the Department who is not duly | ||||||
| 7 | authorized to handle resident abuse or
neglect investigations.
| ||||||
| 8 | The Department shall effect formal agreements with | ||||||
| 9 | appropriate law
enforcement agencies in the various counties | ||||||
| 10 | and communities to encourage
cooperation and coordination in | ||||||
| 11 | the handling of resident abuse or neglect
cases pursuant to | ||||||
| 12 | this Act. The Department shall adopt and implement
methods and | ||||||
| 13 | procedures to promote statewide uniformity in the handling of
| ||||||
| 14 | reports of abuse and neglect under this Act, and those methods | ||||||
| 15 | and
procedures shall be adhered to by personnel of the | ||||||
| 16 | Department involved in
such investigations and reporting. The | ||||||
| 17 | Department shall also make
information required by this Act | ||||||
| 18 | available to authorized personnel within
the Department, as | ||||||
| 19 | well as its authorized representatives.
| ||||||
| 20 | The Department shall keep a continuing record of all | ||||||
| 21 | reports made
pursuant to this Act, including indications of the | ||||||
| 22 | final determination of
any investigation and the final | ||||||
| 23 | disposition of all reports.
| ||||||
| 24 | The Department shall report annually to the General | ||||||
| 25 | Assembly on the
incidence of abuse and neglect of long term | ||||||
| 26 | care facility residents, with
special attention to residents | ||||||
| |||||||
| |||||||
| 1 | who are persons with mental disabilities. The report shall
| ||||||
| 2 | include but not be limited to data on the number and source of | ||||||
| 3 | reports of
suspected abuse or neglect filed under this Act, the | ||||||
| 4 | nature of any injuries
to residents, the final determination of | ||||||
| 5 | investigations, the type and
number of cases where abuse or | ||||||
| 6 | neglect is determined to exist, and the
final disposition of | ||||||
| 7 | cases.
| ||||||
| 8 | (Source: P.A. 98-104, eff. 7-22-13; 99-143, eff. 7-27-15; | ||||||
| 9 | 99-180, eff. 7-29-15; revised 10-9-15.)
| ||||||
| 10 | Section 280. The Nursing Home Care Act is amended by | ||||||
| 11 | changing Sections 1-113, 2-201.5, and 3-702 as follows:
| ||||||
| 12 | (210 ILCS 45/1-113) (from Ch. 111 1/2, par. 4151-113)
| ||||||
| 13 | Sec. 1-113. "Facility" or "long-term care facility" means a | ||||||
| 14 | private home,
institution, building, residence, or any other | ||||||
| 15 | place, whether operated for
profit or not, or a county home for | ||||||
| 16 | the infirm and chronically ill operated
pursuant to Division | ||||||
| 17 | 5-21 or 5-22 of the Counties Code, or any similar
institution | ||||||
| 18 | operated by a political subdivision of the State of Illinois, | ||||||
| 19 | which
provides, through its ownership or management, personal | ||||||
| 20 | care, sheltered care or
nursing for 3 or more persons, not | ||||||
| 21 | related to the applicant or owner by blood
or marriage. It | ||||||
| 22 | includes skilled nursing facilities and intermediate care
| ||||||
| 23 | facilities as those terms are defined in Title XVIII and Title | ||||||
| 24 | XIX of the federal
Federal Social Security Act.
It also | ||||||
| |||||||
| |||||||
| 1 | includes homes, institutions, or
other places operated by or | ||||||
| 2 | under the authority of the Illinois Department of
Veterans' | ||||||
| 3 | Affairs.
| ||||||
| 4 | "Facility" does not include the following:
| ||||||
| 5 | (1) A home, institution, or other place operated by the | ||||||
| 6 | federal government
or agency thereof, or by the State of | ||||||
| 7 | Illinois, other than homes,
institutions, or other places | ||||||
| 8 | operated by or under the authority of the
Illinois | ||||||
| 9 | Department of Veterans' Affairs;
| ||||||
| 10 | (2) A hospital, sanitarium, or other institution whose | ||||||
| 11 | principal activity
or business is the diagnosis, care, and | ||||||
| 12 | treatment of human illness through
the maintenance and | ||||||
| 13 | operation as organized facilities therefor, which is
| ||||||
| 14 | required to be licensed under the Hospital Licensing Act;
| ||||||
| 15 | (3) Any "facility for child care" as defined in the | ||||||
| 16 | Child Care Act of
1969;
| ||||||
| 17 | (4) Any "Community Living Facility" as defined in the | ||||||
| 18 | Community Living
Facilities Licensing Act;
| ||||||
| 19 | (5) Any "community residential alternative" as defined
| ||||||
| 20 | in the Community Residential Alternatives Licensing Act;
| ||||||
| 21 | (6) Any nursing home or sanatorium operated solely by | ||||||
| 22 | and for persons
who rely exclusively upon treatment by | ||||||
| 23 | spiritual means through prayer, in
accordance with the | ||||||
| 24 | creed or tenets of any well-recognized church or
religious | ||||||
| 25 | denomination. However, such nursing home or sanatorium | ||||||
| 26 | shall
comply with all local laws and rules relating to | ||||||
| |||||||
| |||||||
| 1 | sanitation and safety;
| ||||||
| 2 | (7) Any facility licensed by the Department of Human | ||||||
| 3 | Services as a
community-integrated living arrangement as
| ||||||
| 4 | defined in the Community-Integrated Living Arrangements | ||||||
| 5 | Licensure and
Certification Act;
| ||||||
| 6 | (8) Any "Supportive Residence" licensed under the | ||||||
| 7 | Supportive
Residences Licensing Act;
| ||||||
| 8 | (9) Any "supportive living facility" in good standing | ||||||
| 9 | with the program established under Section 5-5.01a of the | ||||||
| 10 | Illinois Public Aid Code, except only for purposes of the | ||||||
| 11 | employment of persons in accordance with Section 3-206.01;
| ||||||
| 12 | (10) Any assisted living or shared housing | ||||||
| 13 | establishment licensed under
the Assisted Living and | ||||||
| 14 | Shared Housing Act, except only for purposes of the | ||||||
| 15 | employment of persons in accordance with Section 3-206.01;
| ||||||
| 16 | (11) An Alzheimer's disease management center | ||||||
| 17 | alternative health care
model licensed under the | ||||||
| 18 | Alternative Health Care Delivery Act;
| ||||||
| 19 | (12) A facility licensed under the ID/DD Community Care | ||||||
| 20 | Act; | ||||||
| 21 | (13) A facility licensed under the Specialized Mental | ||||||
| 22 | Health Rehabilitation Act of 2013; or | ||||||
| 23 | (14) A facility licensed under the MC/DD Act; or . | ||||||
| 24 | (15) (14) A medical foster home, as defined in 38 CFR | ||||||
| 25 | 17.73, that is under the oversight of the United States | ||||||
| 26 | Department of Veterans Affairs. | ||||||
| |||||||
| |||||||
| 1 | (Source: P.A. 98-104, eff. 7-22-13; 99-180, eff. 7-29-15; | ||||||
| 2 | 99-376, eff. 1-1-16; revised 10-16-15.)
| ||||||
| 3 | (210 ILCS 45/2-201.5) | ||||||
| 4 | Sec. 2-201.5. Screening prior to admission. | ||||||
| 5 | (a) All persons age 18 or older seeking admission to a | ||||||
| 6 | nursing
facility must be screened to
determine the need for | ||||||
| 7 | nursing facility services prior to being admitted,
regardless | ||||||
| 8 | of income, assets, or funding source. Screening for nursing | ||||||
| 9 | facility services shall be administered
through procedures | ||||||
| 10 | established by administrative rule. Screening may be done
by | ||||||
| 11 | agencies other than the Department as established by | ||||||
| 12 | administrative rule.
This Section applies on and after July 1, | ||||||
| 13 | 1996. No later than October 1, 2010, the Department of | ||||||
| 14 | Healthcare and Family Services, in collaboration with the | ||||||
| 15 | Department on Aging, the Department of Human Services, and the | ||||||
| 16 | Department of Public Health, shall file administrative rules | ||||||
| 17 | providing for the gathering, during the screening process, of | ||||||
| 18 | information relevant to determining each person's potential | ||||||
| 19 | for placing other residents, employees, and visitors at risk of | ||||||
| 20 | harm. | ||||||
| 21 | (a-1) Any screening performed pursuant to subsection (a) of
| ||||||
| 22 | this Section shall include a determination of whether any
| ||||||
| 23 | person is being considered for admission to a nursing facility | ||||||
| 24 | due to a
need for mental health services. For a person who | ||||||
| 25 | needs
mental health services, the screening shall
also include | ||||||
| |||||||
| |||||||
| 1 | an evaluation of whether there is permanent supportive housing, | ||||||
| 2 | or an array of
community mental health services, including but | ||||||
| 3 | not limited to
supported housing, assertive community | ||||||
| 4 | treatment, and peer support services, that would enable the | ||||||
| 5 | person to live in the community. The person shall be told about | ||||||
| 6 | the existence of any such services that would enable the person | ||||||
| 7 | to live safely and humanely and about available appropriate | ||||||
| 8 | nursing home services that would enable the person to live | ||||||
| 9 | safely and humanely, and the person shall be given the | ||||||
| 10 | assistance necessary to avail himself or herself of any | ||||||
| 11 | available services. | ||||||
| 12 | (a-2) Pre-screening for persons with a serious mental | ||||||
| 13 | illness shall be performed by a psychiatrist, a psychologist, a | ||||||
| 14 | registered nurse certified in psychiatric nursing, a licensed | ||||||
| 15 | clinical professional counselor, or a licensed clinical social | ||||||
| 16 | worker,
who is competent to (i) perform a clinical assessment | ||||||
| 17 | of the individual, (ii) certify a diagnosis, (iii) make a
| ||||||
| 18 | determination about the individual's current need for | ||||||
| 19 | treatment, including substance abuse treatment, and recommend | ||||||
| 20 | specific treatment, and (iv) determine whether a facility or a | ||||||
| 21 | community-based program
is able to meet the needs of the | ||||||
| 22 | individual. | ||||||
| 23 | For any person entering a nursing facility, the | ||||||
| 24 | pre-screening agent shall make specific recommendations about | ||||||
| 25 | what care and services the individual needs to receive, | ||||||
| 26 | beginning at admission, to attain or maintain the individual's | ||||||
| |||||||
| |||||||
| 1 | highest level of independent functioning and to live in the | ||||||
| 2 | most integrated setting appropriate for his or her physical and | ||||||
| 3 | personal care and developmental and mental health needs. These | ||||||
| 4 | recommendations shall be revised as appropriate by the | ||||||
| 5 | pre-screening or re-screening agent based on the results of | ||||||
| 6 | resident review and in response to changes in the resident's | ||||||
| 7 | wishes, needs, and interest in transition. | ||||||
| 8 | Upon the person entering the nursing facility, the | ||||||
| 9 | Department of Human Services or its designee shall assist the | ||||||
| 10 | person in establishing a relationship with a community mental | ||||||
| 11 | health agency or other appropriate agencies in order to (i) | ||||||
| 12 | promote the person's transition to independent living and (ii) | ||||||
| 13 | support the person's progress in meeting individual goals. | ||||||
| 14 | (a-3) The Department of Human Services, by rule, shall | ||||||
| 15 | provide for a prohibition on conflicts of interest for | ||||||
| 16 | pre-admission screeners. The rule shall provide for waiver of | ||||||
| 17 | those conflicts by the Department of Human Services if the | ||||||
| 18 | Department of Human Services determines that a scarcity of | ||||||
| 19 | qualified pre-admission screeners exists in a given community | ||||||
| 20 | and that, absent a waiver of conflicts, an insufficient number | ||||||
| 21 | of pre-admission screeners would be available. If a conflict is | ||||||
| 22 | waived, the pre-admission screener shall disclose the conflict | ||||||
| 23 | of interest to the screened individual in the manner provided | ||||||
| 24 | for by rule of the Department of Human Services. For the | ||||||
| 25 | purposes of this subsection, a "conflict of interest" includes, | ||||||
| 26 | but is not limited to, the existence of a professional or | ||||||
| |||||||
| |||||||
| 1 | financial relationship between (i) a PAS-MH corporate or a | ||||||
| 2 | PAS-MH agent and (ii) a community provider or long-term care | ||||||
| 3 | facility. | ||||||
| 4 | (b) In addition to the screening required by subsection | ||||||
| 5 | (a), a facility, except for those licensed under the MC/DD Act, | ||||||
| 6 | shall, within 24 hours after admission, request a criminal | ||||||
| 7 | history background check pursuant to the Illinois Uniform | ||||||
| 8 | Conviction Information Act for all persons age 18 or older | ||||||
| 9 | seeking admission to the facility, unless (i) a background | ||||||
| 10 | check was initiated by a hospital pursuant to subsection (d) of | ||||||
| 11 | Section 6.09 of the Hospital Licensing Act or a pre-admission | ||||||
| 12 | background check was conducted by the Department of Veterans' | ||||||
| 13 | Affairs 30 days prior to admittance into an Illinois Veterans | ||||||
| 14 | Home; (ii) the transferring resident is immobile; or (iii) the | ||||||
| 15 | transferring resident is moving into hospice. The exemption | ||||||
| 16 | provided in item (ii) or (iii) of this subsection (b) shall | ||||||
| 17 | apply only if a background check was completed by the facility | ||||||
| 18 | the resident resided at prior to seeking admission to
the | ||||||
| 19 | facility and the resident was transferred to the facility
with | ||||||
| 20 | no time passing during which the resident was not
| ||||||
| 21 | institutionalized. If item (ii) or (iii) of this subsection (b) | ||||||
| 22 | applies,
the prior facility shall provide a copy of its | ||||||
| 23 | background check
of the resident and all supporting | ||||||
| 24 | documentation, including,
when applicable, the criminal | ||||||
| 25 | history report and the security
assessment, to the facility to | ||||||
| 26 | which the resident is being
transferred. Background checks | ||||||
| |||||||
| |||||||
| 1 | conducted pursuant to this Section shall be based on the | ||||||
| 2 | resident's name, date of birth, and other identifiers as | ||||||
| 3 | required by the Department of State Police. If the results of | ||||||
| 4 | the background check are inconclusive, the facility shall | ||||||
| 5 | initiate a fingerprint-based check, unless the fingerprint | ||||||
| 6 | check is waived by the Director of Public Health based on | ||||||
| 7 | verification by the facility that the resident is completely | ||||||
| 8 | immobile or that the resident meets other criteria related to | ||||||
| 9 | the resident's health or lack of potential risk which may be | ||||||
| 10 | established by Departmental rule. A waiver issued pursuant to | ||||||
| 11 | this Section shall be valid only while the resident is immobile | ||||||
| 12 | or while the criteria supporting the waiver exist. The facility | ||||||
| 13 | shall provide for or arrange for any required fingerprint-based | ||||||
| 14 | checks to be taken on the premises of the facility. If a | ||||||
| 15 | fingerprint-based check is required, the facility shall | ||||||
| 16 | arrange for it to be conducted in a manner that is respectful | ||||||
| 17 | of the resident's dignity and that minimizes any emotional or | ||||||
| 18 | physical hardship to the resident. | ||||||
| 19 | (c) If the results of a resident's criminal history | ||||||
| 20 | background check reveal that the resident is an identified | ||||||
| 21 | offender as defined in Section 1-114.01, the facility shall do | ||||||
| 22 | the following: | ||||||
| 23 | (1) Immediately notify the Department of State Police, | ||||||
| 24 | in the form and manner required by the Department of State | ||||||
| 25 | Police, in collaboration with the Department of Public | ||||||
| 26 | Health, that the resident is an identified offender. | ||||||
| |||||||
| |||||||
| 1 | (2) Within 72 hours, arrange for a fingerprint-based | ||||||
| 2 | criminal history record inquiry to be requested on the | ||||||
| 3 | identified offender resident. The inquiry shall be based on | ||||||
| 4 | the subject's name, sex, race, date of birth, fingerprint | ||||||
| 5 | images, and other identifiers required by the Department of | ||||||
| 6 | State Police. The inquiry shall be processed through the | ||||||
| 7 | files of the Department of State Police and the Federal | ||||||
| 8 | Bureau of Investigation to locate any criminal history | ||||||
| 9 | record information that may exist regarding the subject. | ||||||
| 10 | The Federal Bureau of Investigation shall furnish to the | ||||||
| 11 | Department of State Police,
pursuant to an inquiry under | ||||||
| 12 | this paragraph (2),
any criminal history record | ||||||
| 13 | information contained in its
files. | ||||||
| 14 | The facility shall comply with all applicable provisions | ||||||
| 15 | contained in the Illinois Uniform Conviction Information Act. | ||||||
| 16 | All name-based and fingerprint-based criminal history | ||||||
| 17 | record inquiries shall be submitted to the Department of State | ||||||
| 18 | Police electronically in the form and manner prescribed by the | ||||||
| 19 | Department of State Police. The Department of State Police may | ||||||
| 20 | charge the facility a fee for processing name-based and | ||||||
| 21 | fingerprint-based criminal history record inquiries. The fee | ||||||
| 22 | shall be deposited into the State Police Services Fund. The fee | ||||||
| 23 | shall not exceed the actual cost of processing the inquiry. | ||||||
| 24 | (d) (Blank).
| ||||||
| 25 | (e) The Department shall develop and maintain a | ||||||
| 26 | de-identified database of residents who have injured facility | ||||||
| |||||||
| |||||||
| 1 | staff, facility visitors, or other residents, and the attendant | ||||||
| 2 | circumstances, solely for the purposes of evaluating and | ||||||
| 3 | improving resident pre-screening and assessment procedures | ||||||
| 4 | (including the Criminal History Report prepared under Section | ||||||
| 5 | 2-201.6) and the adequacy of Department requirements | ||||||
| 6 | concerning the provision of care and services to residents. A | ||||||
| 7 | resident shall not be listed in the database until a Department | ||||||
| 8 | survey confirms the accuracy of the listing. The names of | ||||||
| 9 | persons listed in the database and information that would allow | ||||||
| 10 | them to be individually identified shall not be made public. | ||||||
| 11 | Neither the Department nor any other agency of State government | ||||||
| 12 | may use information in the database to take any action against | ||||||
| 13 | any individual, licensee, or other entity, unless the | ||||||
| 14 | Department or agency receives the information independent of | ||||||
| 15 | this subsection (e). All information
collected, maintained, or | ||||||
| 16 | developed under the authority of this subsection (e) for the | ||||||
| 17 | purposes of the database maintained under this subsection (e) | ||||||
| 18 | shall be treated in the same manner as information that is | ||||||
| 19 | subject to Part 21 of Article VIII of the Code of Civil | ||||||
| 20 | Procedure. | ||||||
| 21 | (Source: P.A. 99-180, eff. 7-29-15; 99-314, eff. 8-7-15; | ||||||
| 22 | 99-453, eff. 8-24-15; revised 10-20-15.)
| ||||||
| 23 | (210 ILCS 45/3-702) (from Ch. 111 1/2, par. 4153-702)
| ||||||
| 24 | Sec. 3-702.
(a) A person who believes that this Act or a | ||||||
| 25 | rule promulgated
under this Act may have been violated may | ||||||
| |||||||
| |||||||
| 1 | request an investigation. The
request may be submitted to the | ||||||
| 2 | Department in writing, by telephone, by electronic means, or by
| ||||||
| 3 | personal visit. An oral complaint shall be reduced to writing | ||||||
| 4 | by the
Department. The Department shall make available, through | ||||||
| 5 | its website and upon request, information regarding the oral | ||||||
| 6 | and phone intake processes and the list of questions that will | ||||||
| 7 | be asked of the complainant. The Department shall request | ||||||
| 8 | information identifying the
complainant, including the name, | ||||||
| 9 | address and telephone number, to help
enable appropriate | ||||||
| 10 | follow-up. The Department shall act on such complaints
via | ||||||
| 11 | on-site visits or other methods deemed appropriate to handle | ||||||
| 12 | the
complaints with or without such identifying information, as | ||||||
| 13 | otherwise
provided under this Section. The complainant shall be | ||||||
| 14 | informed that
compliance with such request is not required to | ||||||
| 15 | satisfy the procedures for
filing a complaint under this Act. | ||||||
| 16 | The Department must notify complainants that complaints with | ||||||
| 17 | less information provided are far more difficult to respond to | ||||||
| 18 | and investigate.
| ||||||
| 19 | (b) The substance of the complaint shall be provided in | ||||||
| 20 | writing to the
licensee, owner, or administrator no earlier | ||||||
| 21 | than at the commencement of an
on-site inspection of the | ||||||
| 22 | facility which takes place pursuant to the complaint.
| ||||||
| 23 | (c) The Department shall not disclose the name of the | ||||||
| 24 | complainant unless
the complainant consents in writing to the | ||||||
| 25 | disclosure or the investigation
results in a judicial | ||||||
| 26 | proceeding, or unless disclosure is essential to the
| ||||||
| |||||||
| |||||||
| 1 | investigation. The complainant shall be given the opportunity | ||||||
| 2 | to withdraw
the complaint before disclosure. Upon the request | ||||||
| 3 | of the complainant, the
Department may permit the complainant | ||||||
| 4 | or a representative of the complainant
to accompany the person | ||||||
| 5 | making the on-site inspection of the facility.
| ||||||
| 6 | (d) Upon receipt of a complaint, the Department shall | ||||||
| 7 | determine whether this
Act or a rule promulgated under this Act | ||||||
| 8 | has been or is being violated. The
Department shall investigate | ||||||
| 9 | all complaints alleging abuse or neglect within
7 days after | ||||||
| 10 | the receipt of the complaint except that complaints of abuse
or | ||||||
| 11 | neglect which indicate that a resident's life or safety is in | ||||||
| 12 | imminent
danger shall be investigated within 24 hours after | ||||||
| 13 | receipt of the
complaint. All other complaints shall be | ||||||
| 14 | investigated within 30 days after
the receipt of the complaint. | ||||||
| 15 | The Department employees investigating a
complaint shall | ||||||
| 16 | conduct a brief, informal exit conference with the facility
to | ||||||
| 17 | alert its administration of any suspected serious deficiency | ||||||
| 18 | that poses
a direct threat to the health, safety or welfare of | ||||||
| 19 | a resident to enable an
immediate correction for the | ||||||
| 20 | alleviation or elimination of such threat.
Such information and | ||||||
| 21 | findings discussed in the brief exit conference shall
become a | ||||||
| 22 | part of the investigating record but shall not in any way
| ||||||
| 23 | constitute an official or final notice of violation as provided | ||||||
| 24 | under
Section 3-301. All complaints shall be classified as
"an | ||||||
| 25 | invalid report", "a valid report", or "an undetermined
report". | ||||||
| 26 | For any complaint classified as "a valid report", the
| ||||||
| |||||||
| |||||||
| 1 | Department must determine within 30 working days
if any rule or | ||||||
| 2 | provision of this Act has been or is being violated.
| ||||||
| 3 | (d-1) The Department shall, whenever possible, combine an | ||||||
| 4 | on-site
investigation of a complaint in a facility with other | ||||||
| 5 | inspections in order
to avoid duplication of inspections.
| ||||||
| 6 | (e) In all cases, the Department shall inform the | ||||||
| 7 | complainant of its
findings within 10 days of its determination | ||||||
| 8 | unless otherwise indicated
by the complainant, and the | ||||||
| 9 | complainant may direct the Department to
send a copy of such | ||||||
| 10 | findings to another person. The Department's findings
may | ||||||
| 11 | include comments or documentation provided by either the | ||||||
| 12 | complainant
or the licensee pertaining to the complaint. The | ||||||
| 13 | Department shall also
notify the facility of such findings | ||||||
| 14 | within 10 days of the determination,
but the name of the | ||||||
| 15 | complainant or residents shall not be disclosed in this
notice | ||||||
| 16 | to the facility. The notice of such
findings shall include a | ||||||
| 17 | copy of the written determination; the
correction order, if | ||||||
| 18 | any; the warning notice, if any; the inspection
report; or the | ||||||
| 19 | State licensure form on which the violation is listed.
| ||||||
| 20 | (f) A written determination, correction order, or warning | ||||||
| 21 | notice
concerning a complaint, together with the facility's | ||||||
| 22 | response, shall be
available for public inspection, but the | ||||||
| 23 | name of the complainant or
resident shall not be disclosed | ||||||
| 24 | without his consent.
| ||||||
| 25 | (g) A complainant who is dissatisfied with the | ||||||
| 26 | determination or
investigation by the Department may request a | ||||||
| |||||||
| |||||||
| 1 | hearing under Section
3-703. The facility shall be given notice | ||||||
| 2 | of any such
hearing and may participate in the hearing as a | ||||||
| 3 | party. If a facility
requests a hearing under Section 3-703 | ||||||
| 4 | which
concerns a matter covered by a complaint, the complainant | ||||||
| 5 | shall be given
notice and may participate in the hearing as a | ||||||
| 6 | party. A request
for a hearing by either a complainant or a | ||||||
| 7 | facility shall be
submitted in writing to the Department within | ||||||
| 8 | 30 days after the mailing
of the Department's findings as | ||||||
| 9 | described in subsection (e) of this
Section. Upon receipt of | ||||||
| 10 | the request the Department shall conduct a hearing
as provided | ||||||
| 11 | under Section 3-703.
| ||||||
| 12 | (g-5) The Department shall conduct an annual review and | ||||||
| 13 | make a report concerning the complaint process that includes | ||||||
| 14 | the number of complaints received, the breakdown of anonymous | ||||||
| 15 | and non-anonymous complaints and whether the complaints were | ||||||
| 16 | substantiated or not, the total number of substantiated | ||||||
| 17 | complaints, and any other complaint information requested by | ||||||
| 18 | the Long-Term Care Facility Advisory Board created under | ||||||
| 19 | Section 2-204 of this Act or the Illinois Long-Term Care | ||||||
| 20 | Council created under Section 4.04a of the Illinois Act on the | ||||||
| 21 | Aging. This report shall be provided to the Long-Term Care | ||||||
| 22 | Facility Advisory Board and the Illinois Long-Term Care | ||||||
| 23 | Council. The Long-Term Care Facility Advisory Board and the | ||||||
| 24 | Illinois Long-Term Care Council shall review the report and | ||||||
| 25 | suggest any changes deemed necessary to the Department for | ||||||
| 26 | review and action, including how to investigate and | ||||||
| |||||||
| |||||||
| 1 | substantiate anonymous complaints. | ||||||
| 2 | (h) Any person who knowingly transmits a false report to | ||||||
| 3 | the
Department commits the offense of disorderly conduct under | ||||||
| 4 | subsection
(a)(8) of Section 26-1 of the Criminal Code of 2012.
| ||||||
| 5 | (Source: P.A. 97-1150, eff. 1-25-13; 98-988, eff. 8-18-14; | ||||||
| 6 | revised 10-9-15.)
| ||||||
| 7 | Section 285. The MC/DD Act is amended by changing Section | ||||||
| 8 | 2-104.2 as follows:
| ||||||
| 9 | (210 ILCS 46/2-104.2)
| ||||||
| 10 | Sec. 2-104.2. Do Not Resuscitate Orders. Every facility | ||||||
| 11 | licensed under this Act shall establish a policy for the | ||||||
| 12 | implementation of physician orders limiting resuscitation such | ||||||
| 13 | as those commonly referred to as "Do Not Resuscitate" orders. | ||||||
| 14 | This policy may only prescribe the format, method of | ||||||
| 15 | documentation and duration of any physician orders limiting | ||||||
| 16 | resuscitation. Any orders under this policy shall be honored by | ||||||
| 17 | the facility. The Department of Public Health Uniform POLST | ||||||
| 18 | DNR/POLST form or a copy of that form or a previous version of | ||||||
| 19 | the uniform form shall be honored by the facility.
| ||||||
| 20 | (Source: P.A. 99-180, eff. 7-29-15; revised 10-13-15.)
| ||||||
| 21 | Section 290. The ID/DD Community Care Act is amended by | ||||||
| 22 | changing Sections 1-101.05 and 1-113 as follows:
| ||||||
| |||||||
| |||||||
| 1 | (210 ILCS 47/1-101.05)
| ||||||
| 2 | Sec. 1-101.05. Prior law. | ||||||
| 3 | (a) This Act provides for licensure of intermediate
care | ||||||
| 4 | facilities for persons with developmental disabilities under | ||||||
| 5 | this Act instead of under the Nursing Home Care Act. On and | ||||||
| 6 | after July 1, 2010 (the effective date of this Act), those | ||||||
| 7 | facilities shall be governed by this Act instead of the Nursing | ||||||
| 8 | Home Care Act. | ||||||
| 9 | On and after July 29, 2015 (the effective date of Public | ||||||
| 10 | Act 99-180) this amendatory Act of the 99th General Assembly, | ||||||
| 11 | long-term care for under age 22 facilities shall be known as | ||||||
| 12 | medically complex for the developmentally disabled facilities | ||||||
| 13 | and governed by the MC/DD Act instead of this Act. | ||||||
| 14 | (b) If any other Act of the General Assembly changes, adds, | ||||||
| 15 | or repeals a provision of the Nursing Home Care Act that is the | ||||||
| 16 | same as or substantially similar to a provision of this Act, | ||||||
| 17 | then that change, addition, or repeal in the Nursing Home Care | ||||||
| 18 | Act shall be construed together with this Act until July 1, | ||||||
| 19 | 2010 and not thereafter. | ||||||
| 20 | (c) Nothing in this Act affects the validity or effect of | ||||||
| 21 | any finding, decision, or action made or taken by the | ||||||
| 22 | Department or the Director under the Nursing Home Care Act | ||||||
| 23 | before July 1, 2010 (the effective date of this Act) with | ||||||
| 24 | respect to a facility subject to licensure under this Act. That | ||||||
| 25 | finding, decision, or action shall continue to apply to the | ||||||
| 26 | facility on and after July 1, 2010 (the effective date of this | ||||||
| |||||||
| |||||||
| 1 | Act). Any finding, decision, or action with respect to the | ||||||
| 2 | facility made or taken on or after July 1, 2010 (the effective | ||||||
| 3 | date of this Act) shall be made or taken as provided in this | ||||||
| 4 | Act.
| ||||||
| 5 | (Source: P.A. 99-143, eff. 7-27-15; 99-180, eff. 7-29-15; | ||||||
| 6 | revised 10-14-15.)
| ||||||
| 7 | (210 ILCS 47/1-113)
| ||||||
| 8 | Sec. 1-113. Facility. "ID/DD facility" or "facility" means | ||||||
| 9 | an intermediate care facility for persons with developmental | ||||||
| 10 | disabilities, whether operated for profit or not, which | ||||||
| 11 | provides, through its ownership or management, personal care or | ||||||
| 12 | nursing for 3 or more persons not related to the applicant or | ||||||
| 13 | owner by blood or marriage. It includes intermediate care | ||||||
| 14 | facilities for the intellectually disabled as the term is | ||||||
| 15 | defined in Title XVIII and Title XIX of the federal Social | ||||||
| 16 | Security Act. | ||||||
| 17 | "Facility" does not include the following: | ||||||
| 18 | (1) A home, institution, or other place operated by the | ||||||
| 19 | federal government or agency thereof, or by the State of | ||||||
| 20 | Illinois, other than homes, institutions, or other places | ||||||
| 21 | operated by or under the authority of the Illinois | ||||||
| 22 | Department of Veterans' Affairs; | ||||||
| 23 | (2) A hospital, sanitarium, or other institution
whose | ||||||
| 24 | principal activity or business is the diagnosis, care, and | ||||||
| 25 | treatment of human illness through the maintenance and | ||||||
| |||||||
| |||||||
| 1 | operation as organized facilities therefore, which is | ||||||
| 2 | required to be licensed under the Hospital Licensing Act; | ||||||
| 3 | (3) Any "facility for child care" as defined in the
| ||||||
| 4 | Child Care Act of 1969; | ||||||
| 5 | (4) Any "community living facility" as defined in the
| ||||||
| 6 | Community Living Facilities Licensing Act; | ||||||
| 7 | (5) Any "community residential alternative" as
defined | ||||||
| 8 | in the Community Residential Alternatives Licensing Act; | ||||||
| 9 | (6) Any nursing home or sanatorium operated solely by
| ||||||
| 10 | and for persons who rely exclusively upon treatment by | ||||||
| 11 | spiritual means through prayer, in accordance with the | ||||||
| 12 | creed or tenets of any well recognized church or religious | ||||||
| 13 | denomination. However, such nursing home or sanatorium | ||||||
| 14 | shall comply with all local laws and rules relating to | ||||||
| 15 | sanitation and safety; | ||||||
| 16 | (7) Any facility licensed by the Department of Human
| ||||||
| 17 | Services as a community-integrated living arrangement as | ||||||
| 18 | defined in the Community-Integrated Living Arrangements | ||||||
| 19 | Licensure and Certification Act; | ||||||
| 20 | (8) Any "supportive residence" licensed under the
| ||||||
| 21 | Supportive Residences Licensing Act; | ||||||
| 22 | (9) Any "supportive living facility" in good standing
| ||||||
| 23 | with the program established under Section 5-5.01a of the | ||||||
| 24 | Illinois Public Aid Code, except only for purposes of the
| ||||||
| 25 | employment of persons in accordance with Section 3-206.01; | ||||||
| 26 | (10) Any assisted living or shared housing
| ||||||
| |||||||
| |||||||
| 1 | establishment licensed under the Assisted Living and | ||||||
| 2 | Shared Housing Act, except only for purposes of the
| ||||||
| 3 | employment of persons in accordance with Section 3-206.01; | ||||||
| 4 | (11) An Alzheimer's disease management center
| ||||||
| 5 | alternative health care model licensed under the | ||||||
| 6 | Alternative Health Care Delivery Act; | ||||||
| 7 | (12) A home, institution, or other place operated by or
| ||||||
| 8 | under the authority of the Illinois Department of Veterans' | ||||||
| 9 | Affairs; or
| ||||||
| 10 | (13) Any MC/DD facility licensed under the MC/DD Act. | ||||||
| 11 | (Source: P.A. 99-143, eff. 7-27-15; 99-180, eff. 7-29-15; | ||||||
| 12 | revised 10-14-15.)
| ||||||
| 13 | Section 295. The Hospital Licensing Act is amended by | ||||||
| 14 | changing Sections 6.09, 10.2, and 10.7 as follows:
| ||||||
| 15 | (210 ILCS 85/6.09) (from Ch. 111 1/2, par. 147.09) | ||||||
| 16 | Sec. 6.09. (a) In order to facilitate the orderly | ||||||
| 17 | transition of aged
patients and patients with disabilities from | ||||||
| 18 | hospitals to post-hospital care, whenever a
patient who | ||||||
| 19 | qualifies for the
federal Medicare program is hospitalized, the | ||||||
| 20 | patient shall be notified
of discharge at least
24 hours prior | ||||||
| 21 | to discharge from
the hospital. With regard to pending | ||||||
| 22 | discharges to a skilled nursing facility, the hospital must | ||||||
| 23 | notify the case coordination unit, as defined in 89 Ill. Adm. | ||||||
| 24 | Code 240.260, at least 24 hours prior to discharge. When the | ||||||
| |||||||
| |||||||
| 1 | assessment is completed in the hospital, the case coordination | ||||||
| 2 | unit shall provide the discharge planner with a copy of the | ||||||
| 3 | prescreening information and accompanying materials, which the | ||||||
| 4 | discharge planner shall transmit when the patient is discharged | ||||||
| 5 | to a skilled nursing facility. If home health services are | ||||||
| 6 | ordered, the hospital must inform its designated case | ||||||
| 7 | coordination unit, as defined in 89 Ill. Adm. Code 240.260, of | ||||||
| 8 | the pending discharge and must provide the patient with the | ||||||
| 9 | case coordination unit's telephone number and other contact | ||||||
| 10 | information.
| ||||||
| 11 | (b) Every hospital shall develop procedures for a physician | ||||||
| 12 | with medical
staff privileges at the hospital or any | ||||||
| 13 | appropriate medical staff member to
provide the discharge | ||||||
| 14 | notice prescribed in subsection (a) of this Section. The | ||||||
| 15 | procedures must include prohibitions against discharging or | ||||||
| 16 | referring a patient to any of the following if unlicensed, | ||||||
| 17 | uncertified, or unregistered: (i) a board and care facility, as | ||||||
| 18 | defined in the Board and Care Home Act; (ii) an assisted living | ||||||
| 19 | and shared housing establishment, as defined in the Assisted | ||||||
| 20 | Living and Shared Housing Act; (iii) a facility licensed under | ||||||
| 21 | the Nursing Home Care Act, the Specialized Mental Health | ||||||
| 22 | Rehabilitation Act of 2013, the ID/DD Community Care Act, or | ||||||
| 23 | the MC/DD Act; (iv) a supportive living facility, as defined in | ||||||
| 24 | Section 5-5.01a of the Illinois Public Aid Code; or (v) a | ||||||
| 25 | free-standing hospice facility licensed under the Hospice | ||||||
| 26 | Program Licensing Act if licensure, certification, or | ||||||
| |||||||
| |||||||
| 1 | registration is required. The Department of Public Health shall | ||||||
| 2 | annually provide hospitals with a list of licensed, certified, | ||||||
| 3 | or registered board and care facilities, assisted living and | ||||||
| 4 | shared housing establishments, nursing homes, supportive | ||||||
| 5 | living facilities, facilities licensed under the ID/DD | ||||||
| 6 | Community Care Act, the MC/DD Act, or the Specialized Mental | ||||||
| 7 | Health Rehabilitation Act of 2013, and hospice facilities. | ||||||
| 8 | Reliance upon this list by a hospital shall satisfy compliance | ||||||
| 9 | with this requirement.
The procedure may also include a waiver | ||||||
| 10 | for any case in which a discharge
notice is not feasible due to | ||||||
| 11 | a short length of stay in the hospital by the patient,
or for | ||||||
| 12 | any case in which the patient voluntarily desires to leave the
| ||||||
| 13 | hospital before the expiration of the
24 hour period. | ||||||
| 14 | (c) At least
24 hours prior to discharge from the hospital, | ||||||
| 15 | the
patient shall receive written information on the patient's | ||||||
| 16 | right to appeal the
discharge pursuant to the
federal Medicare | ||||||
| 17 | program, including the steps to follow to appeal
the discharge | ||||||
| 18 | and the appropriate telephone number to call in case the
| ||||||
| 19 | patient intends to appeal the discharge. | ||||||
| 20 | (d) Before transfer of a patient to a long term care | ||||||
| 21 | facility licensed under the Nursing Home Care Act where elderly | ||||||
| 22 | persons reside, a hospital shall as soon as practicable | ||||||
| 23 | initiate a name-based criminal history background check by | ||||||
| 24 | electronic submission to the Department of State Police for all | ||||||
| 25 | persons between the ages of 18 and 70 years; provided, however, | ||||||
| 26 | that a hospital shall be required to initiate such a background | ||||||
| |||||||
| |||||||
| 1 | check only with respect to patients who: | ||||||
| 2 | (1) are transferring to a long term care facility for | ||||||
| 3 | the first time; | ||||||
| 4 | (2) have been in the hospital more than 5 days; | ||||||
| 5 | (3) are reasonably expected to remain at the long term | ||||||
| 6 | care facility for more than 30 days; | ||||||
| 7 | (4) have a known history of serious mental illness or | ||||||
| 8 | substance abuse; and | ||||||
| 9 | (5) are independently ambulatory or mobile for more | ||||||
| 10 | than a temporary period of time. | ||||||
| 11 | A hospital may also request a criminal history background | ||||||
| 12 | check for a patient who does not meet any of the criteria set | ||||||
| 13 | forth in items (1) through (5). | ||||||
| 14 | A hospital shall notify a long term care facility if the | ||||||
| 15 | hospital has initiated a criminal history background check on a | ||||||
| 16 | patient being discharged to that facility. In all circumstances | ||||||
| 17 | in which the hospital is required by this subsection to | ||||||
| 18 | initiate the criminal history background check, the transfer to | ||||||
| 19 | the long term care facility may proceed regardless of the | ||||||
| 20 | availability of criminal history results. Upon receipt of the | ||||||
| 21 | results, the hospital shall promptly forward the results to the | ||||||
| 22 | appropriate long term care facility. If the results of the | ||||||
| 23 | background check are inconclusive, the hospital shall have no | ||||||
| 24 | additional duty or obligation to seek additional information | ||||||
| 25 | from, or about, the patient. | ||||||
| 26 | (Source: P.A. 98-104, eff. 7-22-13; 98-651, eff. 6-16-14; | ||||||
| |||||||
| |||||||
| 1 | 99-143, eff. 7-27-15; 99-180, eff. 7-29-15; revised 10-14-15.)
| ||||||
| 2 | (210 ILCS 85/10.2) (from Ch. 111 1/2, par. 151.2)
| ||||||
| 3 | Sec. 10.2.
Because the candid and conscientious evaluation | ||||||
| 4 | of
clinical practices is essential to the provision of adequate | ||||||
| 5 | hospital care,
it is the policy of this State to encourage peer | ||||||
| 6 | review by health care
providers. Therefore, no hospital and no | ||||||
| 7 | individual who is a member, agent, or
employee of a hospital, | ||||||
| 8 | hospital medical staff, hospital administrative
staff, or | ||||||
| 9 | hospital governing board shall be liable for civil damages as a
| ||||||
| 10 | result of the acts, omissions, decisions, or any other conduct, | ||||||
| 11 | except those
involving wilful or wanton misconduct, of a | ||||||
| 12 | medical
utilization committee, medical review committee, | ||||||
| 13 | patient care audit
committee, medical care evaluation | ||||||
| 14 | committee, quality review committee,
credential committee, | ||||||
| 15 | peer review committee, or any other committee or
individual | ||||||
| 16 | whose
purpose, directly or indirectly, is internal quality | ||||||
| 17 | control or medical
study to reduce morbidity or mortality, or | ||||||
| 18 | for improving patient care
within a hospital, or the improving | ||||||
| 19 | or benefiting of patient care and
treatment, whether within a | ||||||
| 20 | hospital or not, or for the purpose of
professional discipline | ||||||
| 21 | including institution of a summary suspension
in accordance | ||||||
| 22 | with Section 10.4 of this Act and the medical staff bylaws.
| ||||||
| 23 | Nothing in this Section shall relieve any
individual or | ||||||
| 24 | hospital from liability arising from treatment of a patient. | ||||||
| 25 | Any
individual or hospital from liability arising from | ||||||
| |||||||
| |||||||
| 1 | treatment of a patient.
For the purposes of this Section, | ||||||
| 2 | "wilful and wanton misconduct" means a
course of action that | ||||||
| 3 | shows actual or deliberate intention to harm or that, if
not | ||||||
| 4 | intentional, shows an utter indifference to or conscious | ||||||
| 5 | disregard for a
person's own safety and the safety of others.
| ||||||
| 6 | (Source: P.A. 91-448, eff. 8-6-99; revised 10-9-15.)
| ||||||
| 7 | (210 ILCS 85/10.7)
| ||||||
| 8 | Sec. 10.7. Clinical privileges; advanced practice nurses.
| ||||||
| 9 | All hospitals licensed under this Act shall comply with the | ||||||
| 10 | following
requirements:
| ||||||
| 11 | (1) No hospital policy, rule, regulation, or practice
| ||||||
| 12 | shall be inconsistent
with the provision of adequate | ||||||
| 13 | collaboration and consultation in accordance with Section | ||||||
| 14 | 54.5 of the
Medical Practice Act of 1987.
| ||||||
| 15 | (2) Operative surgical procedures shall be performed | ||||||
| 16 | only by a physician
licensed to practice medicine in all | ||||||
| 17 | its branches under the Medical Practice
Act of 1987, a | ||||||
| 18 | dentist licensed under the Illinois Dental Practice Act, or | ||||||
| 19 | a podiatric physician
licensed under the Podiatric Medical | ||||||
| 20 | Practice Act of 1987,
with medical staff membership and | ||||||
| 21 | surgical clinical privileges granted at the
hospital. A | ||||||
| 22 | licensed physician, dentist, or podiatric physician may be | ||||||
| 23 | assisted by a
physician licensed to practice medicine in | ||||||
| 24 | all its branches, dentist, dental
assistant, podiatric | ||||||
| 25 | physician, licensed advanced practice nurse, licensed | ||||||
| |||||||
| |||||||
| 1 | physician
assistant, licensed registered
nurse, licensed | ||||||
| 2 | practical nurse, surgical
assistant, surgical technician, | ||||||
| 3 | or other individuals granted clinical
privileges to assist | ||||||
| 4 | in surgery
at the hospital.
Payment for services rendered | ||||||
| 5 | by an assistant in surgery who is not a
hospital employee | ||||||
| 6 | shall be paid
at the appropriate non-physician modifier | ||||||
| 7 | rate if the payor would have
made payment had the same | ||||||
| 8 | services been provided by a physician.
| ||||||
| 9 | (2.5) A registered nurse licensed under the Nurse | ||||||
| 10 | Practice Act and qualified by training and experience in | ||||||
| 11 | operating room nursing shall be present in the operating | ||||||
| 12 | room and function as the circulating nurse during all | ||||||
| 13 | invasive or operative procedures. For purposes of this | ||||||
| 14 | paragraph (2.5), "circulating nurse" means a registered | ||||||
| 15 | nurse who is responsible for coordinating all nursing care, | ||||||
| 16 | patient safety needs, and the needs of the surgical team in | ||||||
| 17 | the operating room during an invasive or operative | ||||||
| 18 | procedure.
| ||||||
| 19 | (3) An advanced practice nurse is not required to | ||||||
| 20 | possess prescriptive authority or a written collaborative | ||||||
| 21 | agreement meeting the requirements of the Nurse Practice | ||||||
| 22 | Act to provide advanced practice nursing services in a | ||||||
| 23 | hospital. An advanced practice nurse must possess clinical | ||||||
| 24 | privileges recommended by the medical staff and granted by | ||||||
| 25 | the hospital in order to provide services. Individual | ||||||
| 26 | advanced practice nurses may also be granted clinical | ||||||
| |||||||
| |||||||
| 1 | privileges to order, select, and administer medications, | ||||||
| 2 | including controlled substances, to provide delineated | ||||||
| 3 | care. The attending physician must determine the advanced | ||||||
| 4 | advance practice nurse's role in providing care for his or | ||||||
| 5 | her patients, except as otherwise provided in medical staff | ||||||
| 6 | bylaws. The medical staff shall periodically review the | ||||||
| 7 | services of advanced practice nurses granted privileges. | ||||||
| 8 | This review shall be conducted in accordance with item (2) | ||||||
| 9 | of subsection (a) of Section 10.8 of this Act for advanced | ||||||
| 10 | practice nurses employed by the hospital.
| ||||||
| 11 | (4) The anesthesia service shall be under the direction | ||||||
| 12 | of a physician
licensed to practice
medicine in all its | ||||||
| 13 | branches who has had specialized preparation or
experience | ||||||
| 14 | in the area
or who has completed a residency in | ||||||
| 15 | anesthesiology. An anesthesiologist, Board
certified or | ||||||
| 16 | Board eligible, is recommended. Anesthesia services may
| ||||||
| 17 | only be administered pursuant to the order of a physician | ||||||
| 18 | licensed to practice
medicine in all its branches, licensed | ||||||
| 19 | dentist, or licensed podiatric physician.
| ||||||
| 20 | (A) The individuals who, with clinical privileges | ||||||
| 21 | granted at the hospital,
may administer anesthesia | ||||||
| 22 | services are limited
to the following:
| ||||||
| 23 | (i) an anesthesiologist; or
| ||||||
| 24 | (ii) a physician licensed to practice medicine | ||||||
| 25 | in all its branches; or
| ||||||
| 26 | (iii) a dentist with authority to administer | ||||||
| |||||||
| |||||||
| 1 | anesthesia under Section
8.1 of
the Illinois | ||||||
| 2 | Dental Practice Act; or
| ||||||
| 3 | (iv) a licensed certified registered nurse | ||||||
| 4 | anesthetist; or | ||||||
| 5 | (v) a podiatric physician licensed under the | ||||||
| 6 | Podiatric Medical Practice Act of 1987.
| ||||||
| 7 | (B) For anesthesia services, an anesthesiologist
| ||||||
| 8 | shall
participate through discussion of and agreement | ||||||
| 9 | with the anesthesia plan and
shall remain physically | ||||||
| 10 | present and be
available on
the premises during the | ||||||
| 11 | delivery of anesthesia services for
diagnosis, | ||||||
| 12 | consultation, and treatment of emergency medical | ||||||
| 13 | conditions.
In the absence
of 24-hour availability of
| ||||||
| 14 | anesthesiologists with medical staff privileges,
an | ||||||
| 15 | alternate
policy (requiring participation, presence, | ||||||
| 16 | and availability of a physician
licensed to practice
| ||||||
| 17 | medicine in all its branches) shall be developed by the | ||||||
| 18 | medical staff and
licensed
hospital in consultation | ||||||
| 19 | with the anesthesia service.
| ||||||
| 20 | (C) A certified registered nurse anesthetist is | ||||||
| 21 | not required to possess
prescriptive authority or a | ||||||
| 22 | written collaborative agreement meeting
the | ||||||
| 23 | requirements of Section 65-35 of the Nurse Practice Act
| ||||||
| 24 | to provide anesthesia services
ordered by a licensed | ||||||
| 25 | physician, dentist, or podiatric physician. Licensed | ||||||
| 26 | certified
registered nurse anesthetists are authorized | ||||||
| |||||||
| |||||||
| 1 | to
select, order, and
administer drugs and apply the | ||||||
| 2 | appropriate medical devices in the provision of
| ||||||
| 3 | anesthesia
services under the anesthesia plan agreed | ||||||
| 4 | with by the
anesthesiologist or, in the absence of an | ||||||
| 5 | available anesthesiologist with
clinical privileges,
| ||||||
| 6 | agreed with by the
operating physician, operating | ||||||
| 7 | dentist, or operating podiatric physician in | ||||||
| 8 | accordance
with the hospital's alternative policy.
| ||||||
| 9 | (Source: P.A. 98-214, eff. 8-9-13; revised 10-21-15.)
| ||||||
| 10 | Section 300. The Illinois Migrant Labor Camp Law is amended | ||||||
| 11 | by changing Sections 4 and 6 as follows:
| ||||||
| 12 | (210 ILCS 110/4) (from Ch. 111 1/2, par. 185.4)
| ||||||
| 13 | Sec. 4.
Applications for a license to operate or maintain a | ||||||
| 14 | Migrant Labor
Camp or for a renewal thereof shall be made upon | ||||||
| 15 | paper or electronic forms to be furnished by
the Department. | ||||||
| 16 | Such application shall include:
| ||||||
| 17 | (a) The name and address of the applicant or | ||||||
| 18 | applicants. If the
applicant is a partnership, the names | ||||||
| 19 | and addresses of all the partners
shall also be given. If | ||||||
| 20 | the applicant is a corporation, the names and
addresses of | ||||||
| 21 | the principal officers of the corporation shall be given.
| ||||||
| 22 | (b) The approximate legal description and the address | ||||||
| 23 | of the tract of
land upon which the applicant proposes to | ||||||
| 24 | operate and maintain such Migrant
Labor Camp.
| ||||||
| |||||||
| |||||||
| 1 | (c) A general plan or sketch of the campsite camp site | ||||||
| 2 | showing the location of
the buildings or facilities | ||||||
| 3 | together with a description of the buildings,
of the water | ||||||
| 4 | supply, of the toilet, bathing, and laundry facilities, and | ||||||
| 5 | of
the fire protection equipment.
| ||||||
| 6 | (d) The date upon which the occupancy and use of the | ||||||
| 7 | Migrant Labor Camp
will commence.
| ||||||
| 8 | The application for the original license or for any renewal | ||||||
| 9 | thereof
shall be accompanied by a fee of $100.
| ||||||
| 10 | Application for the original license or for a renewal of | ||||||
| 11 | the license shall be
filed with the Department at least 10 | ||||||
| 12 | business days prior to the date on
which the occupancy and use | ||||||
| 13 | of such camp is to commence. The camp shall be
ready for | ||||||
| 14 | inspection at least 5 business days prior to the date upon | ||||||
| 15 | which the
occupancy and use of such camp is to commence.
| ||||||
| 16 | (Source: P.A. 97-135, eff. 7-14-11; 98-1034, eff. 8-25-14; | ||||||
| 17 | revised 10-14-15.)
| ||||||
| 18 | (210 ILCS 110/6) (from Ch. 111 1/2, par. 185.6)
| ||||||
| 19 | Sec. 6.
Upon receipt of an application for a license, the | ||||||
| 20 | Department shall
inspect, at its earliest opportunity, the | ||||||
| 21 | campsite camp site and the facilities described in the | ||||||
| 22 | application. If the Department finds that the Migrant Labor
| ||||||
| 23 | Camp described in the application meets and complies with the | ||||||
| 24 | provisions of
this Act and the rules of the Department in | ||||||
| 25 | relation
thereto, the Director shall issue a license to
the | ||||||
| |||||||
| |||||||
| 1 | applicant for the operation of the camp.
| ||||||
| 2 | If the application is denied, the Department shall notify | ||||||
| 3 | the applicant
in writing of such denial setting forth the
| ||||||
| 4 | reasons therefor. If the conditions constituting the basis for | ||||||
| 5 | such denial
are remediable, the applicant may correct such | ||||||
| 6 | conditions and notify the
Department in writing indicating | ||||||
| 7 | therein the manner in which such
conditions have been remedied. | ||||||
| 8 | Notifications of corrections shall be
processed in the same | ||||||
| 9 | manner as the original application.
| ||||||
| 10 | (Source: P.A. 97-135, eff. 7-14-11; 98-1034, eff. 8-25-14; | ||||||
| 11 | revised 10-14-15.)
| ||||||
| 12 | Section 305. The Tanning Facility Permit Act is amended by | ||||||
| 13 | changing Section 80 as follows:
| ||||||
| 14 | (210 ILCS 145/80) (from Ch. 111 1/2, par. 8351-80)
| ||||||
| 15 | Sec. 80. Public nuisance.
| ||||||
| 16 | (a) Any tanning facility operating without a valid permit | ||||||
| 17 | or operating
on a revoked permit shall be guilty of committing | ||||||
| 18 | a public nuisance.
| ||||||
| 19 | (b) A person convicted of knowingly maintaining a public | ||||||
| 20 | nuisance
commits a Class A misdemeanor. Each subsequent offense | ||||||
| 21 | under this Section
is a Class 4 felony.
| ||||||
| 22 | (c) The Attorney General of this State or the State's | ||||||
| 23 | States Attorney of the
county wherein the nuisance exists may | ||||||
| 24 | commence an action to abate the
nuisance. The court may without | ||||||
| |||||||
| |||||||
| 1 | notice or bond enter a temporary
restraining order or a | ||||||
| 2 | preliminary injunction to enjoin the defendant from
operating | ||||||
| 3 | in violation of this Act.
| ||||||
| 4 | (Source: P.A. 87-636; revised 10-9-15.)
| ||||||
| 5 | Section 310. The Illinois Insurance Code is amended by | ||||||
| 6 | changing Sections 131.4, 143a, 147.1, 356g, 356z.2, 460, | ||||||
| 7 | 512.59, 902, and 1202 as follows:
| ||||||
| 8 | (215 ILCS 5/131.4) (from Ch. 73, par. 743.4)
| ||||||
| 9 | Sec. 131.4. Acquisition of control of or merger with | ||||||
| 10 | domestic company. | ||||||
| 11 | (a) No person other than the issuer may make a tender for | ||||||
| 12 | or a request or
invitation for tenders of, or enter into an | ||||||
| 13 | agreement to exchange
securities for, or seek to acquire or | ||||||
| 14 | acquire shareholders' proxies to vote or seek to acquire or | ||||||
| 15 | acquire in the open market, or otherwise, any voting
security | ||||||
| 16 | of a domestic company or acquire policyholders' proxies of a
| ||||||
| 17 | domestic company or any entity that controls a domestic | ||||||
| 18 | company, for consideration if, after the consummation thereof, | ||||||
| 19 | that
person would, directly or indirectly, (or by conversion or | ||||||
| 20 | by exercise of
any right to acquire) be in control of the | ||||||
| 21 | company, and no person may enter
into an agreement to merge or | ||||||
| 22 | consolidate with or otherwise to acquire
control of a domestic | ||||||
| 23 | company, unless the offer, request, invitation, or
agreement is | ||||||
| 24 | conditioned on receiving the approval of the Director based on
| ||||||
| |||||||
| |||||||
| 1 | Section 131.8 of this Article
and no such acquisition of | ||||||
| 2 | control or a merger with a domestic
company may be consummated | ||||||
| 3 | unless the person has filed with the Director and has sent to | ||||||
| 4 | the company a statement containing the information required by | ||||||
| 5 | Section 131.5 and the Director has approved the transaction
or | ||||||
| 6 | granted an exemption. Prior to the acquisition,
the Director | ||||||
| 7 | may conclude that a statement need not be filed by the
| ||||||
| 8 | acquiring
party if the acquiring party demonstrates to the
| ||||||
| 9 | satisfaction of the Director that:
| ||||||
| 10 | (1) such transaction will not result in the change of | ||||||
| 11 | control of the
domestic company; or
| ||||||
| 12 | (2) (blank);
| ||||||
| 13 | (3) the acquisition of, or attempt to acquire control | ||||||
| 14 | of, such other
person is subject to requirements in the | ||||||
| 15 | jurisdiction of its domicile which
are substantially | ||||||
| 16 | similar to those contained in this Section and Sections
| ||||||
| 17 | 131.5 through 131.12; or
| ||||||
| 18 | (4) the control of the policyholders' proxies is being | ||||||
| 19 | acquired solely
by virtue of the holders official office | ||||||
| 20 | and not as the result of any agreement
or for any | ||||||
| 21 | consideration.
| ||||||
| 22 | The purpose of this Section is to afford to the Director | ||||||
| 23 | the
opportunity to review acquisitions in order to determine | ||||||
| 24 | whether or not the
acquisition would be adverse to the | ||||||
| 25 | interests of the existing and future
policyholders of the | ||||||
| 26 | company.
| ||||||
| |||||||
| |||||||
| 1 | (b) For purposes of this Section, any controlling person of | ||||||
| 2 | a domestic company seeking to divest its controlling interest | ||||||
| 3 | in the domestic company in any manner shall file with the | ||||||
| 4 | Director, with a copy to the company, confidential notice of | ||||||
| 5 | its proposed divestiture at least 30 days prior to the | ||||||
| 6 | cessation of control. The Director shall determine those | ||||||
| 7 | instances in which the party or parties seeking to divest or to | ||||||
| 8 | acquire a controlling interest in a company shall be required | ||||||
| 9 | to file for and obtain approval of the transaction. The | ||||||
| 10 | information shall remain confidential until the conclusion of | ||||||
| 11 | the transaction unless the Director, in his or her discretion, | ||||||
| 12 | determines that confidential treatment shall interfere with | ||||||
| 13 | enforcement of this Section. If the statement referred to in | ||||||
| 14 | subsection (a) of this Section is otherwise filed in connection | ||||||
| 15 | with the proposed divestiture divesture or related | ||||||
| 16 | acquisition, this subsection (b) shall not apply. | ||||||
| 17 | (c) For purposes of this Section, a domestic company shall | ||||||
| 18 | include any person controlling a domestic company unless the | ||||||
| 19 | person, as determined by the Director, is either directly or | ||||||
| 20 | through its affiliates primarily engaged in business other than | ||||||
| 21 | the business of insurance. For the purposes of this Section, | ||||||
| 22 | "person" shall not include any securities broker holding, in | ||||||
| 23 | the usual and customary broker's function, less than 20% of the | ||||||
| 24 | voting securities of an insurance company or of any person that | ||||||
| 25 | controls an insurance company. | ||||||
| 26 | (Source: P.A. 98-609, eff. 1-1-14; revised 10-14-15.)
| ||||||
| |||||||
| |||||||
| 1 | (215 ILCS 5/143a) (from Ch. 73, par. 755a)
| ||||||
| 2 | Sec. 143a. Uninsured and hit and run motor vehicle | ||||||
| 3 | coverage.
| ||||||
| 4 | (1) No policy insuring against
loss resulting from | ||||||
| 5 | liability imposed by law for bodily injury or death
suffered by | ||||||
| 6 | any person arising out of the ownership, maintenance or use
of | ||||||
| 7 | a motor vehicle that is designed for use on public highways and | ||||||
| 8 | that
is either required to be registered in this State or is | ||||||
| 9 | principally garaged
in this State shall be renewed, delivered, | ||||||
| 10 | or issued for delivery
in this State unless coverage is | ||||||
| 11 | provided therein or
supplemental thereto, in limits for bodily | ||||||
| 12 | injury or death set forth in
Section 7-203 of the Illinois | ||||||
| 13 | Vehicle Code for the
protection of persons insured thereunder | ||||||
| 14 | who are legally entitled to
recover damages from owners or | ||||||
| 15 | operators of uninsured motor vehicles and
hit-and-run motor | ||||||
| 16 | vehicles because of bodily injury, sickness or
disease, | ||||||
| 17 | including death, resulting therefrom. Uninsured motor vehicle
| ||||||
| 18 | coverage does not apply to bodily injury, sickness, disease, or | ||||||
| 19 | death resulting
therefrom, of an insured while occupying a | ||||||
| 20 | motor vehicle owned by, or furnished
or available for the | ||||||
| 21 | regular use of the insured, a resident spouse or resident
| ||||||
| 22 | relative, if that motor vehicle is not described in the policy | ||||||
| 23 | under which a
claim is made or is not a newly acquired or | ||||||
| 24 | replacement motor vehicle covered
under the terms of the | ||||||
| 25 | policy. The limits for any coverage for any vehicle
under the | ||||||
| |||||||
| |||||||
| 1 | policy may not be aggregated with the limits for any similar
| ||||||
| 2 | coverage, whether provided by the same insurer or another | ||||||
| 3 | insurer, applying to
other motor vehicles, for purposes of | ||||||
| 4 | determining the total limit of insurance
coverage available for | ||||||
| 5 | bodily injury or death suffered by a person in any one
| ||||||
| 6 | accident. No
policy shall be renewed, delivered, or issued for | ||||||
| 7 | delivery in this
State unless it is provided therein that any | ||||||
| 8 | dispute
with respect to the coverage and the amount of damages | ||||||
| 9 | shall be submitted
for arbitration to the
American Arbitration | ||||||
| 10 | Association and be subject to its rules for the conduct
of | ||||||
| 11 | arbitration hearings
as to all matters except medical opinions. | ||||||
| 12 | As to medical opinions, if the
amount of damages being sought | ||||||
| 13 | is equal to or less than the amount provided for
in Section | ||||||
| 14 | 7-203 of the Illinois Vehicle Code, then the current American
| ||||||
| 15 | Arbitration Association Rules shall apply. If the amount being | ||||||
| 16 | sought in an
American Arbitration Association case exceeds that | ||||||
| 17 | amount as set forth in
Section 7-203 of the Illinois Vehicle | ||||||
| 18 | Code, then the Rules of Evidence that
apply in the circuit | ||||||
| 19 | court for placing medical opinions into evidence shall
govern. | ||||||
| 20 | Alternatively, disputes with respect to damages and the | ||||||
| 21 | coverage shall
be
determined in the
following
manner: Upon the | ||||||
| 22 | insured requesting arbitration, each party to the
dispute shall | ||||||
| 23 | select an arbitrator and the 2 arbitrators so named
shall | ||||||
| 24 | select a third arbitrator. If such arbitrators are not selected
| ||||||
| 25 | within 45 days from such request, either party may request that | ||||||
| 26 | the
arbitration be submitted to the American Arbitration | ||||||
| |||||||
| |||||||
| 1 | Association.
Any decision made by the arbitrators shall be | ||||||
| 2 | binding for the amount of
damages not exceeding $75,000 for | ||||||
| 3 | bodily injury to or
death of any one person, $150,000 for | ||||||
| 4 | bodily injury to or death of 2 or more
persons in any one motor | ||||||
| 5 | vehicle accident,
or the corresponding policy limits for bodily | ||||||
| 6 | injury or death, whichever is
less.
All 3-person arbitration | ||||||
| 7 | cases proceeding in accordance with any uninsured
motorist
| ||||||
| 8 | coverage conducted in this State in
which the claimant is only | ||||||
| 9 | seeking monetary damages up to the limits
set forth in Section | ||||||
| 10 | 7-203 of the Illinois Vehicle Code
shall be subject to the | ||||||
| 11 | following rules:
| ||||||
| 12 | (A) If at least 60 days' written
notice of the | ||||||
| 13 | intention to offer the following documents in evidence is | ||||||
| 14 | given
to every other party, accompanied by a copy of the | ||||||
| 15 | document, a party may offer
in evidence, without foundation | ||||||
| 16 | or other proof:
| ||||||
| 17 | (1) bills, records, and reports of hospitals, | ||||||
| 18 | doctors, dentists,
registered nurses, licensed | ||||||
| 19 | practical nurses, physical therapists, and other
| ||||||
| 20 | healthcare providers;
| ||||||
| 21 | (2) bills for drugs, medical appliances, and | ||||||
| 22 | prostheses;
| ||||||
| 23 | (3) property repair bills or estimates, when | ||||||
| 24 | identified and itemized
setting forth the charges for | ||||||
| 25 | labor and material used or proposed for use in
the | ||||||
| 26 | repair of the property;
| ||||||
| |||||||
| |||||||
| 1 | (4) a report of the rate of earnings and time lost | ||||||
| 2 | from work or lost
compensation prepared by an employer;
| ||||||
| 3 | (5) the written opinion of an opinion witness, the | ||||||
| 4 | deposition of a
witness, and the statement of a witness | ||||||
| 5 | that the witness would be allowed to
express if | ||||||
| 6 | testifying in person, if the opinion or statement is | ||||||
| 7 | made by
affidavit or by
certification as provided in | ||||||
| 8 | Section 1-109 of the Code of Civil Procedure;
| ||||||
| 9 | (6) any other document not specifically covered by | ||||||
| 10 | any of the foregoing
provisions that is otherwise | ||||||
| 11 | admissible under the rules of evidence.
| ||||||
| 12 | Any party receiving a notice under this paragraph (A) | ||||||
| 13 | may apply to the
arbitrator or panel of arbitrators, as the | ||||||
| 14 | case may be, for the issuance of a
subpoena directed to the | ||||||
| 15 | author or maker or custodian of the document that is
the | ||||||
| 16 | subject of the notice, requiring the person subpoenaed to | ||||||
| 17 | produce copies of
any additional documents as may be | ||||||
| 18 | related to the subject matter of the
document that is the | ||||||
| 19 | subject of the notice. Any such subpoena shall be issued
in | ||||||
| 20 | substantially similar form and served by notice as provided | ||||||
| 21 | by Illinois
Supreme Court Rule 204(a)(4). Any such subpoena | ||||||
| 22 | shall be returnable not
less than 5 days before the | ||||||
| 23 | arbitration hearing.
| ||||||
| 24 | (B) Notwithstanding the provisions of Supreme Court | ||||||
| 25 | Rule 213(g), a party
who proposes to use a written opinion | ||||||
| 26 | of an expert or opinion witness or the
testimony of
an | ||||||
| |||||||
| |||||||
| 1 | expert or opinion witness at the hearing may do so provided | ||||||
| 2 | a written notice
of that
intention is given to every other | ||||||
| 3 | party not less than 60 days prior to the date
of hearing, | ||||||
| 4 | accompanied by a statement containing the identity of the
| ||||||
| 5 | witness, his or her qualifications, the subject matter, the | ||||||
| 6 | basis of the
witness's conclusions,
and his or her opinion.
| ||||||
| 7 | (C) Any other party may subpoena the author or maker of | ||||||
| 8 | a document
admissible under this subsection, at that | ||||||
| 9 | party's expense, and examine the
author
or maker as if | ||||||
| 10 | under cross-examination. The provisions of Section 2-1101 | ||||||
| 11 | of
the
Code of Civil Procedure shall be applicable to | ||||||
| 12 | arbitration hearings, and it
shall be the duty of a party | ||||||
| 13 | requesting the subpoena to modify the form to show
that the | ||||||
| 14 | appearance is set before an arbitration panel and to give | ||||||
| 15 | the time and
place set for the hearing.
| ||||||
| 16 | (D) The provisions of Section 2-1102 of the Code of | ||||||
| 17 | Civil Procedure shall
be
applicable to arbitration | ||||||
| 18 | hearings under this subsection.
| ||||||
| 19 | (2) No policy insuring
against loss resulting from | ||||||
| 20 | liability imposed by law for property damage
arising out of the | ||||||
| 21 | ownership, maintenance, or use of a motor vehicle shall
be | ||||||
| 22 | renewed, delivered, or issued for delivery in this State with | ||||||
| 23 | respect
to any private passenger or recreational motor vehicle | ||||||
| 24 | that is
designed for use on public highways and that is either | ||||||
| 25 | required to be
registered in this State or is principally | ||||||
| 26 | garaged in this State and
is not covered by collision insurance | ||||||
| |||||||
| |||||||
| 1 | under the provisions of such
policy, unless coverage is made | ||||||
| 2 | available in the amount of the actual
cash value of the motor | ||||||
| 3 | vehicle described in the policy or $15,000
whichever is less, | ||||||
| 4 | subject to a $250 deductible, for the protection of
persons | ||||||
| 5 | insured thereunder who are legally entitled to recover damages | ||||||
| 6 | from
owners or operators of uninsured motor vehicles and | ||||||
| 7 | hit-and-run motor
vehicles because of property damage to the | ||||||
| 8 | motor vehicle described in the
policy.
| ||||||
| 9 | There shall be no liability imposed under the uninsured | ||||||
| 10 | motorist
property damage coverage required by this subsection | ||||||
| 11 | if the owner or
operator of the at-fault uninsured motor | ||||||
| 12 | vehicle or hit-and-run motor
vehicle cannot be identified. This | ||||||
| 13 | subsection shall not apply to any
policy which does not provide | ||||||
| 14 | primary motor vehicle liability insurance for
liabilities | ||||||
| 15 | arising from the maintenance, operation, or use of a
| ||||||
| 16 | specifically insured motor vehicle.
| ||||||
| 17 | Each insurance company providing motor vehicle property | ||||||
| 18 | damage liability
insurance shall advise applicants of the | ||||||
| 19 | availability of uninsured motor
vehicle property damage | ||||||
| 20 | coverage, the premium therefor, and provide a brief
description | ||||||
| 21 | of the coverage. That information
need be given only once and | ||||||
| 22 | shall not be required in any subsequent renewal,
reinstatement | ||||||
| 23 | or reissuance, substitute, amended, replacement or
| ||||||
| 24 | supplementary policy. No written rejection shall be required, | ||||||
| 25 | and
the absence of a premium payment for uninsured motor | ||||||
| 26 | vehicle property damage
shall constitute conclusive proof that | ||||||
| |||||||
| |||||||
| 1 | the applicant or policyholder has
elected not to accept | ||||||
| 2 | uninsured motorist property damage coverage.
| ||||||
| 3 | An insurance company issuing uninsured motor vehicle
| ||||||
| 4 | property damage coverage may provide that:
| ||||||
| 5 | (i) Property damage losses recoverable thereunder | ||||||
| 6 | shall be limited to
damages caused by the actual physical | ||||||
| 7 | contact of an uninsured motor vehicle
with the insured | ||||||
| 8 | motor vehicle.
| ||||||
| 9 | (ii) There shall be no coverage for loss of use of the | ||||||
| 10 | insured motor
vehicle and no coverage for loss or damage to | ||||||
| 11 | personal property located in
the insured motor vehicle.
| ||||||
| 12 | (iii) Any claim submitted shall include the name and | ||||||
| 13 | address of the
owner of the at-fault uninsured motor | ||||||
| 14 | vehicle, or a registration number and
description of the | ||||||
| 15 | vehicle, or any other available information to
establish | ||||||
| 16 | that there is no applicable motor vehicle property damage | ||||||
| 17 | liability
insurance.
| ||||||
| 18 | Any dispute with respect to the coverage and the amount of
| ||||||
| 19 | damages shall be submitted for
arbitration to the American | ||||||
| 20 | Arbitration Association and be subject to its
rules for the | ||||||
| 21 | conduct of arbitration hearings or for determination in
the | ||||||
| 22 | following manner: Upon the insured requesting arbitration, | ||||||
| 23 | each party
to the dispute shall select an arbitrator and the 2 | ||||||
| 24 | arbitrators so named
shall select a third arbitrator. If such | ||||||
| 25 | arbitrators are not selected
within 45 days from such request, | ||||||
| 26 | either party may request that the
arbitration be submitted to | ||||||
| |||||||
| |||||||
| 1 | the American Arbitration Association.
Any arbitration | ||||||
| 2 | proceeding under this subsection seeking recovery for
property | ||||||
| 3 | damages shall be
subject to the following rules:
| ||||||
| 4 | (A) If at least 60 days' written
notice of the | ||||||
| 5 | intention to offer the following documents in evidence is | ||||||
| 6 | given
to every other party, accompanied by a copy of the | ||||||
| 7 | document, a party may offer
in evidence, without foundation | ||||||
| 8 | or other proof:
| ||||||
| 9 | (1) property repair bills or estimates, when | ||||||
| 10 | identified and itemized
setting forth the charges for | ||||||
| 11 | labor and material used or proposed for use in
the | ||||||
| 12 | repair of the property;
| ||||||
| 13 | (2) the written opinion of an opinion witness, the | ||||||
| 14 | deposition of a
witness, and the statement of a witness | ||||||
| 15 | that the witness would be allowed to
express if | ||||||
| 16 | testifying in person, if the opinion or statement is | ||||||
| 17 | made by
affidavit or by
certification as provided in | ||||||
| 18 | Section 1-109 of the Code of Civil Procedure;
| ||||||
| 19 | (3) any other document not specifically covered by | ||||||
| 20 | any of the foregoing
provisions that is otherwise | ||||||
| 21 | admissible under the rules of evidence.
| ||||||
| 22 | Any party receiving a notice under this paragraph (A) | ||||||
| 23 | may apply to the
arbitrator or panel of arbitrators, as the | ||||||
| 24 | case may be, for the issuance of a
subpoena directed to the | ||||||
| 25 | author or maker or custodian of the document that is
the | ||||||
| 26 | subject of the notice, requiring the person subpoenaed to | ||||||
| |||||||
| |||||||
| 1 | produce copies of
any additional documents as may be | ||||||
| 2 | related to the subject matter of the
document that is the | ||||||
| 3 | subject of the notice. Any such subpoena shall be issued
in | ||||||
| 4 | substantially similar form and served by notice as provided | ||||||
| 5 | by Illinois
Supreme Court Rule 204(a)(4). Any such subpoena | ||||||
| 6 | shall be returnable not
less than 5 days before the | ||||||
| 7 | arbitration hearing.
| ||||||
| 8 | (B) Notwithstanding the provisions of Supreme Court | ||||||
| 9 | Rule 213(g), a party
who proposes to use a written opinion | ||||||
| 10 | of an expert or opinion witness or the
testimony of
an | ||||||
| 11 | expert or opinion witness at the hearing may do so provided | ||||||
| 12 | a written notice
of that
intention is given to every other | ||||||
| 13 | party not less than 60 days prior to the date
of hearing, | ||||||
| 14 | accompanied by a statement containing the identity of the
| ||||||
| 15 | witness, his or her qualifications, the subject matter, the | ||||||
| 16 | basis of the
witness's conclusions,
and his or her opinion.
| ||||||
| 17 | (C) Any other party may subpoena the author or maker of | ||||||
| 18 | a document
admissible under this subsection, at that | ||||||
| 19 | party's expense, and examine the
author
or maker as if | ||||||
| 20 | under cross-examination. The provisions of Section 2-1101 | ||||||
| 21 | of
the
Code of Civil Procedure shall be applicable to | ||||||
| 22 | arbitration hearings, and it
shall be the duty of a party | ||||||
| 23 | requesting the subpoena to modify the form to show
that the | ||||||
| 24 | appearance is set before an arbitration panel and to give | ||||||
| 25 | the time and
place set for the hearing.
| ||||||
| 26 | (D) The provisions of Section 2-1102 of the Code of | ||||||
| |||||||
| |||||||
| 1 | Civil Procedure shall
be
applicable to arbitration | ||||||
| 2 | hearings under this subsection.
| ||||||
| 3 | (3) For the purpose of the coverage, the term "uninsured | ||||||
| 4 | motor
vehicle" includes, subject to the terms and conditions of | ||||||
| 5 | the coverage,
a motor vehicle where on, before or after the | ||||||
| 6 | accident date the
liability insurer thereof is unable to make | ||||||
| 7 | payment with respect to the
legal liability of its insured | ||||||
| 8 | within the limits specified in the policy
because of the entry | ||||||
| 9 | by a court of competent jurisdiction of an order of
| ||||||
| 10 | rehabilitation or liquidation by reason of insolvency on or | ||||||
| 11 | after the
accident date. An insurer's extension of coverage, as | ||||||
| 12 | provided in this
subsection, shall be applicable to all | ||||||
| 13 | accidents occurring after July
1, 1967 during a policy period | ||||||
| 14 | in which its insured's uninsured motor
vehicle coverage is in | ||||||
| 15 | effect. Nothing in this Section may be construed
to prevent any | ||||||
| 16 | insurer from extending coverage under terms and
conditions more | ||||||
| 17 | favorable to its insureds than is required by this Section.
| ||||||
| 18 | (4) In the event of payment to any person under the | ||||||
| 19 | coverage
required by this Section and subject to the terms and | ||||||
| 20 | conditions of the
coverage, the insurer making the payment | ||||||
| 21 | shall, to the extent thereof,
be entitled to the proceeds of | ||||||
| 22 | any settlement or judgment resulting from
the exercise of any | ||||||
| 23 | rights of recovery of the person against any person
or | ||||||
| 24 | organization legally responsible for the property damage, | ||||||
| 25 | bodily
injury or death for which the payment is made, including | ||||||
| 26 | the proceeds
recoverable from the assets of the insolvent | ||||||
| |||||||
| |||||||
| 1 | insurer. With respect to
payments made by reason of the | ||||||
| 2 | coverage described in subsection (3), the
insurer making such | ||||||
| 3 | payment shall not be entitled to any right of recovery
against | ||||||
| 4 | the tortfeasor tort-feasor in excess of the proceeds recovered | ||||||
| 5 | from the assets
of the insolvent insurer of the tortfeasor | ||||||
| 6 | tort-feasor.
| ||||||
| 7 | (5) This amendatory Act of 1967 (Laws of Illinois 1967, | ||||||
| 8 | page 875) shall not be construed to terminate
or reduce any | ||||||
| 9 | insurance coverage or any right of any party under this
Code in | ||||||
| 10 | effect before July 1, 1967. Public Act 86-1155 This amendatory | ||||||
| 11 | Act of 1990 shall not
be construed to terminate or reduce any | ||||||
| 12 | insurance coverage or any right of
any party under this Code in | ||||||
| 13 | effect before its effective date.
| ||||||
| 14 | (6) Failure of the motorist from whom the claimant is | ||||||
| 15 | legally
entitled to recover damages to file the appropriate | ||||||
| 16 | forms with the
Safety Responsibility Section of the Department | ||||||
| 17 | of Transportation within
120 days of the accident date shall | ||||||
| 18 | create a rebuttable presumption that
the motorist was uninsured | ||||||
| 19 | at the time of the injurious occurrence.
| ||||||
| 20 | (7) An insurance carrier may upon good cause require the
| ||||||
| 21 | insured to commence a legal action against the owner or | ||||||
| 22 | operator of an
uninsured motor vehicle before good faith | ||||||
| 23 | negotiation with the carrier. If
the action is commenced at the | ||||||
| 24 | request of the insurance carrier, the
carrier shall pay to the | ||||||
| 25 | insured, before the action is commenced, all court
costs, jury | ||||||
| 26 | fees and sheriff's fees arising from the action.
| ||||||
| |||||||
| |||||||
| 1 | The changes made by Public Act 90-451 this amendatory Act | ||||||
| 2 | of 1997 apply to all policies of
insurance amended, delivered, | ||||||
| 3 | issued, or renewed on and after January 1, 1998 (the effective
| ||||||
| 4 | date of Public Act 90-451) this amendatory Act of 1997.
| ||||||
| 5 | (8) The changes made by Public Act 98-927 this amendatory | ||||||
| 6 | Act of the 98th General Assembly apply to all policies of
| ||||||
| 7 | insurance amended, delivered, issued, or renewed on and after | ||||||
| 8 | January 1, 2015 (the effective
date of Public Act 98-927) this | ||||||
| 9 | amendatory Act of the 98th General Assembly. | ||||||
| 10 | (Source: P.A. 98-242, eff. 1-1-14; 98-927, eff. 1-1-15; revised | ||||||
| 11 | 10-15-15.)
| ||||||
| 12 | (215 ILCS 5/147.1) (from Ch. 73, par. 759.1)
| ||||||
| 13 | Sec. 147.1. Sale of insurance company shares. | ||||||
| 14 | (1) No shares of the capital stock of a domestic stock | ||||||
| 15 | company shall be sold or
offered for sale to the public in this | ||||||
| 16 | State by an issuer, underwriter,
dealer or controlling person | ||||||
| 17 | in respect of such shares without first
procuring from the | ||||||
| 18 | Director a permit so to do.
| ||||||
| 19 | (2) Unless the context otherwise indicates the following | ||||||
| 20 | terms as used
in this Section shall have the following | ||||||
| 21 | meanings:
| ||||||
| 22 | (a) The word "issuer" shall mean every company which | ||||||
| 23 | shall have issued
or proposes to issue any such shares of | ||||||
| 24 | capital stock. ,
| ||||||
| 25 | (b) The word "underwriter" shall mean any person who | ||||||
| |||||||
| |||||||
| 1 | has purchased such
shares of capital stock from an issuer | ||||||
| 2 | or controlling person with a view
to, or sells such shares | ||||||
| 3 | of capital stock for an issuer or a controlling
person in | ||||||
| 4 | connection with, the distribution thereof, or participates | ||||||
| 5 | or has
a participation in the direct or indirect | ||||||
| 6 | underwriting of such
distribution; but such term shall not | ||||||
| 7 | include a person whose interest is
limited to a commission | ||||||
| 8 | or discount from an underwriter or dealer not in
excess of | ||||||
| 9 | the usual and customary distributor's distributer's or | ||||||
| 10 | seller's commission or
discount or not in excess of any | ||||||
| 11 | applicable statutory maximum commission or
discount. An | ||||||
| 12 | underwriter shall be deemed to be no longer an underwriter | ||||||
| 13 | of
an issue of shares of capital stock after he has | ||||||
| 14 | completely disposed of his
allotment of such shares or, if | ||||||
| 15 | he did not purchase the shares, after he
has ceased to sell | ||||||
| 16 | such shares for the issuer or controlling person.
| ||||||
| 17 | (c) The word "dealer" shall mean any person other than | ||||||
| 18 | an issuer, a
controlling person, a bank organized under the | ||||||
| 19 | banking laws of this State
or of the United States, a trust | ||||||
| 20 | company organized under the laws of this
State, an | ||||||
| 21 | insurance company or a salesman, who engages in this State,
| ||||||
| 22 | either for all or part of his time, directly or indirectly, | ||||||
| 23 | as agent,
broker or principal, in the business of offering, | ||||||
| 24 | selling, buying and
selling, or otherwise dealing or | ||||||
| 25 | trading in shares of capital stock of
insurance companies.
| ||||||
| 26 | (d) The words "controlling person" shall mean any | ||||||
| |||||||
| |||||||
| 1 | person selling such
shares of capital stock, or group of | ||||||
| 2 | persons acting in concert in the sale
of such shares, | ||||||
| 3 | owning beneficially (and in the absence of knowledge, or
| ||||||
| 4 | reasonable grounds of belief, to the contrary, record | ||||||
| 5 | ownership shall for
the purposes hereof be presumed to be | ||||||
| 6 | beneficial ownership) either:
| ||||||
| 7 | (i) 25% or Or more of the outstanding voting shares | ||||||
| 8 | of the issuer of such
shares where no other person owns | ||||||
| 9 | or controls a greater percentage of such
shares, or
| ||||||
| 10 | (ii) such Such number of outstanding number of | ||||||
| 11 | shares of the issuer as would
enable such person, or | ||||||
| 12 | group of persons, to elect a majority of the Board
of | ||||||
| 13 | Directors of such issuer.
| ||||||
| 14 | (e) The word "salesman" shall mean an individual, other | ||||||
| 15 | than an issuer,
an underwriter, a dealer or a controlling | ||||||
| 16 | person, employed or appointed or
authorized by an issuer, | ||||||
| 17 | an underwriter, a dealer or a controlling person
to sell | ||||||
| 18 | such shares in this State. The partners or officers of an | ||||||
| 19 | issuer,
an underwriter, a dealer or a controlling person | ||||||
| 20 | shall not be deemed to be
a salesman within the meaning of | ||||||
| 21 | this definition.
| ||||||
| 22 | (3) The provisions of this Section shall not apply to any | ||||||
| 23 | of the
following transactions:
| ||||||
| 24 | (a) The sale in good faith, whether through a dealer or | ||||||
| 25 | otherwise, of
such shares by a vendor who is not an issuer, | ||||||
| 26 | underwriter, dealer or
controlling person in respect of | ||||||
| |||||||
| |||||||
| 1 | such shares, and who, being the bona fide
owner of such | ||||||
| 2 | shares deposes thereof for his own account; provided, that
| ||||||
| 3 | such sale is not made directly or indirectly for the | ||||||
| 4 | benefit of the issuer
or of an underwriter or controlling | ||||||
| 5 | person.
| ||||||
| 6 | (b) The sale, issuance or exchange by an issuer of its | ||||||
| 7 | shares to or with
its own shareholders, if no commission or | ||||||
| 8 | other remuneration is paid or
given directly or indirectly | ||||||
| 9 | for or on account of the procuring or
soliciting of such | ||||||
| 10 | sale or exchange (other than a fee paid to underwriters
| ||||||
| 11 | based on their undertaking to purchase any shares not | ||||||
| 12 | purchased by
shareholders in connection with such sale or | ||||||
| 13 | exchange), or the issuance by
an issuer of its shares to a | ||||||
| 14 | holder of convertible securities pursuant to a
conversion | ||||||
| 15 | provision granted at the time of issuance of such | ||||||
| 16 | convertible
securities, provided that no commission or | ||||||
| 17 | other remuneration is paid or
given directly or indirectly | ||||||
| 18 | thereon on account of the procuring or
soliciting of such | ||||||
| 19 | conversion and no consideration from the holder in
addition | ||||||
| 20 | to the surrender or cancellation of the convertible | ||||||
| 21 | security is
required to effect the conversion.
| ||||||
| 22 | (c) The sale of such shares to any corporation, bank, | ||||||
| 23 | savings
institution, trust company, insurance company, | ||||||
| 24 | building and loan
association, dealer, pension fund or | ||||||
| 25 | pension trust, employees profit
sharing trust or to any | ||||||
| 26 | association engaged as a substantial part of its
business | ||||||
| |||||||
| |||||||
| 1 | or operations in purchasing or holding securities, or to | ||||||
| 2 | any trust
in respect of which a bank or trust company is | ||||||
| 3 | trustee or co-trustee.
| ||||||
| 4 | (d) The sale of such shares by an executor, | ||||||
| 5 | administrator, guardian, receiver
or trustee in insolvency | ||||||
| 6 | or bankruptcy or at any
judicial sale or at a public sale | ||||||
| 7 | by auction held at an advertised time and
place or the sale | ||||||
| 8 | of such shares in good faith and not for the purpose of
| ||||||
| 9 | avoiding the provisions of this Section by a pledgee of | ||||||
| 10 | such shares pledged
for a bona fide debt.
| ||||||
| 11 | (e) Such other transaction as may be declared by ruling | ||||||
| 12 | of the Director
to be exempt from the provisions of this | ||||||
| 13 | Section.
| ||||||
| 14 | (4) Prior to the issuance of any permit under this Section, | ||||||
| 15 | there shall
be delivered to the Director two copies of the | ||||||
| 16 | following:
| ||||||
| 17 | (a) the prospectus which is to be used in connection | ||||||
| 18 | with the sale of
such shares;
| ||||||
| 19 | (b) the underwriting and selling agreements, if any;
| ||||||
| 20 | (c) the subscription agreement;
| ||||||
| 21 | (d) the depository agreement under which the | ||||||
| 22 | subscription proceeds are
to be held;
| ||||||
| 23 | (e) any and all other documents, agreements, contracts | ||||||
| 24 | and other papers
of whatever nature which are to be used in | ||||||
| 25 | connection with or relative to
the sale of such shares, | ||||||
| 26 | which may be required by the Director.
| ||||||
| |||||||
| |||||||
| 1 | (5) The Director shall within a reasonable time examine the | ||||||
| 2 | documents
submitted to him and unless he finds from said | ||||||
| 3 | documents that the sale of
said shares is inequitable or would | ||||||
| 4 | work or tend to work a fraud or deceit
upon the purchasers | ||||||
| 5 | thereof, he shall issue a permit authorizing the sale
of said | ||||||
| 6 | shares.
| ||||||
| 7 | (6) The Director shall have the power to prescribe such | ||||||
| 8 | rules and
regulations relating to the sale, issuance, and | ||||||
| 9 | offering of said shares as
will effectuate the purpose of this | ||||||
| 10 | section to the end that no inequity,
fraud or deceit will be | ||||||
| 11 | perpetrated upon the purchasers thereof.
| ||||||
| 12 | (7) If the Director finds that any of the provisions of | ||||||
| 13 | this Section or
of the rules and regulations adopted pursuant | ||||||
| 14 | hereto have been violated or
that the sale, issuance or | ||||||
| 15 | offering of any such shares is inequitable or
works or tends to | ||||||
| 16 | work a fraud or deceit upon the purchasers thereof he may
| ||||||
| 17 | refuse to issue a permit to sell, issue or offer such shares or | ||||||
| 18 | may, after
notice and hearing, revoke such permit. The action | ||||||
| 19 | of the Director in
refusing, after due application therefor in | ||||||
| 20 | form prescribed by the
Director, or revoking, any such permit | ||||||
| 21 | shall be subject to judicial review
in the manner prescribed by | ||||||
| 22 | the insurance laws of this State.
| ||||||
| 23 | (8) Any person who violates any of the provisions of this | ||||||
| 24 | Section shall
be guilty of a business offense and, upon | ||||||
| 25 | conviction thereof shall be fined
not less than $1,000 nor more | ||||||
| 26 | than the greater of either $5,000 or twice
the whole amount, | ||||||
| |||||||
| |||||||
| 1 | received upon the sale of shares in violation of this
Section | ||||||
| 2 | and may in addition, if a natural person, be convicted of a | ||||||
| 3 | Class A
misdemeanor.
| ||||||
| 4 | (Source: P.A. 84-502; revised 10-21-15.)
| ||||||
| 5 | (215 ILCS 5/356g) (from Ch. 73, par. 968g)
| ||||||
| 6 | (Text of Section before amendment by P.A. 99-407) | ||||||
| 7 | Sec. 356g. Mammograms; mastectomies.
| ||||||
| 8 | (a) Every insurer shall provide in each group or individual
| ||||||
| 9 | policy, contract, or certificate of insurance issued or renewed | ||||||
| 10 | for persons
who are residents of this State, coverage for | ||||||
| 11 | screening by low-dose
mammography for all women 35 years of age | ||||||
| 12 | or older for the presence of
occult breast cancer within the | ||||||
| 13 | provisions of the policy, contract, or
certificate. The | ||||||
| 14 | coverage shall be as follows:
| ||||||
| 15 |
(1) A baseline mammogram for women 35 to 39 years of | ||||||
| 16 | age.
| ||||||
| 17 |
(2) An annual mammogram for women 40 years of age or | ||||||
| 18 | older.
| ||||||
| 19 | (3) A mammogram at the age and intervals considered | ||||||
| 20 | medically necessary by the woman's health care provider for | ||||||
| 21 | women under 40 years of age and having a family history of | ||||||
| 22 | breast cancer, prior personal history of breast cancer, | ||||||
| 23 | positive genetic testing, or other risk factors.
| ||||||
| 24 | (4) A comprehensive ultrasound screening of an entire | ||||||
| 25 | breast or breasts if a mammogram demonstrates | ||||||
| |||||||
| |||||||
| 1 | heterogeneous or dense breast tissue, when medically | ||||||
| 2 | necessary as determined by a physician licensed to practice | ||||||
| 3 | medicine in all of its branches. | ||||||
| 4 | (5) A screening MRI when medically necessary, as | ||||||
| 5 | determined by a physician licensed to practice medicine in | ||||||
| 6 | all of its branches.
| ||||||
| 7 | For purposes of this Section, "low-dose mammography"
means | ||||||
| 8 | the x-ray examination of the breast using equipment dedicated
| ||||||
| 9 | specifically for mammography, including the x-ray tube, | ||||||
| 10 | filter, compression
device, and image receptor, with radiation | ||||||
| 11 | exposure delivery of less than
1 rad per breast for 2 views of | ||||||
| 12 | an average size breast. The term also includes digital | ||||||
| 13 | mammography.
| ||||||
| 14 | (a-5) Coverage as described by subsection (a) shall be | ||||||
| 15 | provided at no cost to the insured and shall not be applied to | ||||||
| 16 | an annual or lifetime maximum benefit. | ||||||
| 17 | (a-10) When health care services are available through | ||||||
| 18 | contracted providers and a person does not comply with plan | ||||||
| 19 | provisions specific to the use of contracted providers, the | ||||||
| 20 | requirements of subsection (a-5) are not applicable. When a | ||||||
| 21 | person does not comply with plan provisions specific to the use | ||||||
| 22 | of contracted providers, plan provisions specific to the use of | ||||||
| 23 | non-contracted providers must be applied without distinction | ||||||
| 24 | for coverage required by this Section and shall be at least as | ||||||
| 25 | favorable as for other radiological examinations covered by the | ||||||
| 26 | policy or contract. | ||||||
| |||||||
| |||||||
| 1 | (b) No policy of accident or health insurance that provides | ||||||
| 2 | for
the surgical procedure known as a mastectomy shall be | ||||||
| 3 | issued, amended,
delivered, or renewed in this State unless
| ||||||
| 4 | that coverage also provides for prosthetic devices
or | ||||||
| 5 | reconstructive surgery
incident to the mastectomy.
Coverage | ||||||
| 6 | for breast reconstruction in connection with a mastectomy shall
| ||||||
| 7 | include:
| ||||||
| 8 | (1) reconstruction of the breast upon which the | ||||||
| 9 | mastectomy has been
performed;
| ||||||
| 10 | (2) surgery and reconstruction of the other breast to | ||||||
| 11 | produce a
symmetrical appearance; and
| ||||||
| 12 | (3) prostheses and treatment for physical | ||||||
| 13 | complications at all stages of
mastectomy, including | ||||||
| 14 | lymphedemas.
| ||||||
| 15 | Care shall be determined in consultation with the attending | ||||||
| 16 | physician and the
patient.
The offered coverage for prosthetic | ||||||
| 17 | devices and
reconstructive surgery shall be subject to the | ||||||
| 18 | deductible and coinsurance
conditions applied to the | ||||||
| 19 | mastectomy, and all other terms and conditions
applicable to | ||||||
| 20 | other benefits. When a mastectomy is performed and there is
no | ||||||
| 21 | evidence of malignancy then the offered coverage may be limited | ||||||
| 22 | to the
provision of prosthetic devices and reconstructive | ||||||
| 23 | surgery to within 2
years after the date of the mastectomy. As | ||||||
| 24 | used in this Section,
"mastectomy" means the removal of all or | ||||||
| 25 | part of the breast for medically
necessary reasons, as | ||||||
| 26 | determined by a licensed physician.
| ||||||
| |||||||
| |||||||
| 1 | Written notice of the availability of coverage under this | ||||||
| 2 | Section shall be
delivered to the insured upon enrollment and | ||||||
| 3 | annually thereafter. An insurer
may not deny to an insured | ||||||
| 4 | eligibility, or continued eligibility, to enroll or
to renew | ||||||
| 5 | coverage under the terms of the plan solely for the purpose of
| ||||||
| 6 | avoiding the requirements of this Section. An insurer may not | ||||||
| 7 | penalize or
reduce or
limit the reimbursement of an attending | ||||||
| 8 | provider or provide incentives
(monetary or otherwise) to an | ||||||
| 9 | attending provider to induce the provider to
provide care to an | ||||||
| 10 | insured in a manner inconsistent with this Section.
| ||||||
| 11 | (c) Rulemaking authority to implement Public Act 95-1045 | ||||||
| 12 | this amendatory Act of the 95th General Assembly, if any, is | ||||||
| 13 | conditioned on the rules being adopted in accordance with all | ||||||
| 14 | provisions of the Illinois Administrative Procedure Act and all | ||||||
| 15 | rules and procedures of the Joint Committee on Administrative | ||||||
| 16 | Rules; any purported rule not so adopted, for whatever reason, | ||||||
| 17 | is unauthorized. | ||||||
| 18 | (Source: P.A. 99-433, eff. 8-21-15; revised 10-20-15.)
| ||||||
| 19 | (Text of Section after amendment by P.A. 99-407)
| ||||||
| 20 | Sec. 356g. Mammograms; mastectomies.
| ||||||
| 21 | (a) Every insurer shall provide in each group or individual
| ||||||
| 22 | policy, contract, or certificate of insurance issued or renewed | ||||||
| 23 | for persons
who are residents of this State, coverage for | ||||||
| 24 | screening by low-dose
mammography for all women 35 years of age | ||||||
| 25 | or older for the presence of
occult breast cancer within the | ||||||
| |||||||
| |||||||
| 1 | provisions of the policy, contract, or
certificate. The | ||||||
| 2 | coverage shall be as follows:
| ||||||
| 3 |
(1) A baseline mammogram for women 35 to 39 years of | ||||||
| 4 | age.
| ||||||
| 5 |
(2) An annual mammogram for women 40 years of age or | ||||||
| 6 | older.
| ||||||
| 7 | (3) A mammogram at the age and intervals considered | ||||||
| 8 | medically necessary by the woman's health care provider for | ||||||
| 9 | women under 40 years of age and having a family history of | ||||||
| 10 | breast cancer, prior personal history of breast cancer, | ||||||
| 11 | positive genetic testing, or other risk factors.
| ||||||
| 12 | (4) A comprehensive ultrasound screening of an entire | ||||||
| 13 | breast or breasts if a mammogram demonstrates | ||||||
| 14 | heterogeneous or dense breast tissue, when medically | ||||||
| 15 | necessary as determined by a physician licensed to practice | ||||||
| 16 | medicine in all of its branches.
| ||||||
| 17 | (5) A screening MRI when medically necessary, as | ||||||
| 18 | determined by a physician licensed to practice medicine in | ||||||
| 19 | all of its branches.
| ||||||
| 20 | For purposes of this Section, "low-dose mammography"
means | ||||||
| 21 | the x-ray examination of the breast using equipment dedicated
| ||||||
| 22 | specifically for mammography, including the x-ray tube, | ||||||
| 23 | filter, compression
device, and image receptor, with radiation | ||||||
| 24 | exposure delivery of less than
1 rad per breast for 2 views of | ||||||
| 25 | an average size breast. The term also includes digital | ||||||
| 26 | mammography and includes breast tomosynthesis. As used in this | ||||||
| |||||||
| |||||||
| 1 | Section, the term "breast tomosynthesis" means a radiologic | ||||||
| 2 | procedure that involves the acquisition of projection images | ||||||
| 3 | over the stationary breast to produce cross-sectional digital | ||||||
| 4 | three-dimensional images of the breast.
| ||||||
| 5 | (a-5) Coverage as described by subsection (a) shall be | ||||||
| 6 | provided at no cost to the insured and shall not be applied to | ||||||
| 7 | an annual or lifetime maximum benefit. | ||||||
| 8 | (a-10) When health care services are available through | ||||||
| 9 | contracted providers and a person does not comply with plan | ||||||
| 10 | provisions specific to the use of contracted providers, the | ||||||
| 11 | requirements of subsection (a-5) are not applicable. When a | ||||||
| 12 | person does not comply with plan provisions specific to the use | ||||||
| 13 | of contracted providers, plan provisions specific to the use of | ||||||
| 14 | non-contracted providers must be applied without distinction | ||||||
| 15 | for coverage required by this Section and shall be at least as | ||||||
| 16 | favorable as for other radiological examinations covered by the | ||||||
| 17 | policy or contract. | ||||||
| 18 | (b) No policy of accident or health insurance that provides | ||||||
| 19 | for
the surgical procedure known as a mastectomy shall be | ||||||
| 20 | issued, amended,
delivered, or renewed in this State unless
| ||||||
| 21 | that coverage also provides for prosthetic devices
or | ||||||
| 22 | reconstructive surgery
incident to the mastectomy.
Coverage | ||||||
| 23 | for breast reconstruction in connection with a mastectomy shall
| ||||||
| 24 | include:
| ||||||
| 25 | (1) reconstruction of the breast upon which the | ||||||
| 26 | mastectomy has been
performed;
| ||||||
| |||||||
| |||||||
| 1 | (2) surgery and reconstruction of the other breast to | ||||||
| 2 | produce a
symmetrical appearance; and
| ||||||
| 3 | (3) prostheses and treatment for physical | ||||||
| 4 | complications at all stages of
mastectomy, including | ||||||
| 5 | lymphedemas.
| ||||||
| 6 | Care shall be determined in consultation with the attending | ||||||
| 7 | physician and the
patient.
The offered coverage for prosthetic | ||||||
| 8 | devices and
reconstructive surgery shall be subject to the | ||||||
| 9 | deductible and coinsurance
conditions applied to the | ||||||
| 10 | mastectomy, and all other terms and conditions
applicable to | ||||||
| 11 | other benefits. When a mastectomy is performed and there is
no | ||||||
| 12 | evidence of malignancy then the offered coverage may be limited | ||||||
| 13 | to the
provision of prosthetic devices and reconstructive | ||||||
| 14 | surgery to within 2
years after the date of the mastectomy. As | ||||||
| 15 | used in this Section,
"mastectomy" means the removal of all or | ||||||
| 16 | part of the breast for medically
necessary reasons, as | ||||||
| 17 | determined by a licensed physician.
| ||||||
| 18 | Written notice of the availability of coverage under this | ||||||
| 19 | Section shall be
delivered to the insured upon enrollment and | ||||||
| 20 | annually thereafter. An insurer
may not deny to an insured | ||||||
| 21 | eligibility, or continued eligibility, to enroll or
to renew | ||||||
| 22 | coverage under the terms of the plan solely for the purpose of
| ||||||
| 23 | avoiding the requirements of this Section. An insurer may not | ||||||
| 24 | penalize or
reduce or
limit the reimbursement of an attending | ||||||
| 25 | provider or provide incentives
(monetary or otherwise) to an | ||||||
| 26 | attending provider to induce the provider to
provide care to an | ||||||
| |||||||
| |||||||
| 1 | insured in a manner inconsistent with this Section.
| ||||||
| 2 | (c) Rulemaking authority to implement Public Act 95-1045 | ||||||
| 3 | this amendatory Act of the 95th General Assembly, if any, is | ||||||
| 4 | conditioned on the rules being adopted in accordance with all | ||||||
| 5 | provisions of the Illinois Administrative Procedure Act and all | ||||||
| 6 | rules and procedures of the Joint Committee on Administrative | ||||||
| 7 | Rules; any purported rule not so adopted, for whatever reason, | ||||||
| 8 | is unauthorized. | ||||||
| 9 | (Source: P.A. 99-407 (see Section 99 of P.A. 99-407 for its | ||||||
| 10 | effective date); 99-433, eff. 8-21-15; revised 10-20-15.)
| ||||||
| 11 | (215 ILCS 5/356z.2)
| ||||||
| 12 | Sec. 356z.2. Coverage for adjunctive services in dental | ||||||
| 13 | care.
| ||||||
| 14 | (a) An individual or group policy of accident and health | ||||||
| 15 | insurance
amended, delivered, issued, or renewed after January | ||||||
| 16 | 1, 2003 (the effective date of Public Act 92-764) this
| ||||||
| 17 | amendatory Act of the 92nd General Assembly shall cover
charges | ||||||
| 18 | incurred, and anesthetics provided, in
conjunction with dental | ||||||
| 19 | care that is provided to a covered individual in a
hospital or
| ||||||
| 20 | an ambulatory surgical treatment center
if any of the
following
| ||||||
| 21 | applies:
| ||||||
| 22 | (1) the individual is a child age 6 or under;
| ||||||
| 23 | (2) the individual has a medical condition that | ||||||
| 24 | requires
hospitalization or general anesthesia for dental | ||||||
| 25 | care; or
| ||||||
| |||||||
| |||||||
| 1 | (3) the individual is a person with a disability.
| ||||||
| 2 | (a-5) An individual or group policy of accident and health | ||||||
| 3 | insurance amended, delivered, issued, or renewed after January | ||||||
| 4 | 1, 2016 (the effective date of Public Act 99-141) this | ||||||
| 5 | amendatory Act of the 99th General Assembly shall cover charges | ||||||
| 6 | incurred, and anesthetics provided by a dentist with a permit | ||||||
| 7 | provided under Section 8.1 of the Illinois Dental Practice Act, | ||||||
| 8 | in conjunction with dental care that is provided to a covered | ||||||
| 9 | individual in a dental office, oral surgeon's office, hospital, | ||||||
| 10 | or ambulatory surgical treatment center if the individual is | ||||||
| 11 | under age 19 and has been diagnosed with an autism spectrum | ||||||
| 12 | disorder as defined in Section 10 of the Autism Spectrum | ||||||
| 13 | Disorders Reporting Act or a developmental disability. A | ||||||
| 14 | covered individual shall be required to make 2 visits to the | ||||||
| 15 | dental care provider prior to accessing other coverage under | ||||||
| 16 | this subsection. | ||||||
| 17 | For purposes of this subsection, "developmental | ||||||
| 18 | disability" means a disability that is attributable to an | ||||||
| 19 | intellectual disability or a related condition, if the related | ||||||
| 20 | condition meets all of the following conditions: | ||||||
| 21 | (1) it is attributable to cerebral palsy, epilepsy, or | ||||||
| 22 | any other condition, other than mental illness, found to be | ||||||
| 23 | closely related to an intellectual disability because that | ||||||
| 24 | condition results in impairment of general intellectual | ||||||
| 25 | functioning or adaptive behavior similar to that of | ||||||
| 26 | individuals with an intellectual disability and requires | ||||||
| |||||||
| |||||||
| 1 | treatment or services similar to those required for those | ||||||
| 2 | individuals; for purposes of this definition, autism is | ||||||
| 3 | considered a related condition; | ||||||
| 4 | (2) it is manifested before the individual reaches age | ||||||
| 5 | 22; | ||||||
| 6 | (3) it is likely to continue indefinitely; and | ||||||
| 7 | (4) it results in substantial functional limitations | ||||||
| 8 | in 3 or more of the following areas of major life activity: | ||||||
| 9 | self-care, language, learning, mobility, self-direction, | ||||||
| 10 | and capacity for independent living. | ||||||
| 11 | (b) For purposes of this Section, "ambulatory surgical | ||||||
| 12 | treatment center"
has the meaning given to that term in Section | ||||||
| 13 | 3 of the Ambulatory
Surgical Treatment Center Act.
| ||||||
| 14 | For purposes of this Section, "person with a disability" | ||||||
| 15 | means a person, regardless of age,
with a chronic
disability if | ||||||
| 16 | the chronic disability meets all of the following conditions:
| ||||||
| 17 | (1) It is attributable to a mental or physical | ||||||
| 18 | impairment or
combination of mental and physical | ||||||
| 19 | impairments.
| ||||||
| 20 | (2) It is likely to continue.
| ||||||
| 21 | (3) It results in substantial functional limitations | ||||||
| 22 | in one or more of
the following areas of major life | ||||||
| 23 | activity:
| ||||||
| 24 | (A) self-care;
| ||||||
| 25 | (B) receptive and expressive language;
| ||||||
| 26 | (C) learning;
| ||||||
| |||||||
| |||||||
| 1 | (D) mobility;
| ||||||
| 2 | (E) capacity for independent living; or
| ||||||
| 3 | (F) economic self-sufficiency.
| ||||||
| 4 | (c) The coverage required under this Section may be subject | ||||||
| 5 | to any
limitations, exclusions, or cost-sharing provisions | ||||||
| 6 | that apply generally under
the insurance policy.
| ||||||
| 7 | (d) This Section does not apply to a policy that covers | ||||||
| 8 | only dental care.
| ||||||
| 9 | (e) Nothing in this Section requires that the dental | ||||||
| 10 | services be
covered.
| ||||||
| 11 | (f) The provisions of this Section do not apply to | ||||||
| 12 | short-term travel,
accident-only, limited, or specified | ||||||
| 13 | disease policies, nor to policies or
contracts designed for | ||||||
| 14 | issuance to persons eligible for coverage under Title
XVIII of | ||||||
| 15 | the Social Security Act, known as Medicare, or any other | ||||||
| 16 | similar
coverage under State or federal governmental plans.
| ||||||
| 17 | (Source: P.A. 99-141, eff. 1-1-16; 99-143, eff. 7-27-15; | ||||||
| 18 | revised 10-15-15.)
| ||||||
| 19 | (215 ILCS 5/460) (from Ch. 73, par. 1065.7)
| ||||||
| 20 | Sec. 460. Competitive market; approval of rates Market, | ||||||
| 21 | Approval of Rates. | ||||||
| 22 | (a) Beginning January
1, 1983, a competitive market is | ||||||
| 23 | presumed to exist unless the Director, after a
hearing, | ||||||
| 24 | determines that a reasonable degree of competition does
not | ||||||
| 25 | exist in the market and
the Director issues a ruling to that | ||||||
| |||||||
| |||||||
| 1 | effect. For purposes of this Article
only, market shall mean | ||||||
| 2 | the statewide workers' compensation and employers'
liability | ||||||
| 3 | lines of business. In determining whether a reasonable degree | ||||||
| 4 | of competition
exists, the Director shall consider relevant | ||||||
| 5 | tests of workable competition
pertaining to market structure, | ||||||
| 6 | market performance and market conduct. Such
tests may include, | ||||||
| 7 | but need not be limited to, the following: size and number
of | ||||||
| 8 | firms actively engaged in the market, market shares and changes | ||||||
| 9 | in market
shares of firms, ease of entry and exit
from a given | ||||||
| 10 | market, underwriting restriction, and whether profitability
| ||||||
| 11 | for companies generally in the market is unreasonably high.
The | ||||||
| 12 | determination of competition involves the interaction of the | ||||||
| 13 | various
tests and the weight given to specific tests depends | ||||||
| 14 | upon the particular
situation and pattern of test results.
| ||||||
| 15 | In determining whether or not a competitive market exists, | ||||||
| 16 | the Director
shall monitor the degree of competition in this | ||||||
| 17 | State. In doing so, he
shall utilize existing relevant | ||||||
| 18 | information, analytical systems and other
sources; cause or | ||||||
| 19 | participate in the development of new relevant information,
| ||||||
| 20 | analytical systems and other sources; or rely on some | ||||||
| 21 | combination thereof.
Such activities may be conducted | ||||||
| 22 | internally within the Department of Insurance,
in cooperation | ||||||
| 23 | with other state insurance departments, through outside | ||||||
| 24 | contractors,
or in any other appropriate manner.
| ||||||
| 25 | (b) If the Director finds that a reasonable degree of | ||||||
| 26 | competition does
not exist in a market, he may require that the | ||||||
| |||||||
| |||||||
| 1 | insurers in that market file
supporting information in support | ||||||
| 2 | of existing rates. If the Director believes
that such rates may | ||||||
| 3 | violate any of the requirements of this Article, he
shall call | ||||||
| 4 | a hearing prior to any disapproval.
If the Director determines | ||||||
| 5 | that a competitive market does not exist in the
workers' | ||||||
| 6 | compensation market as provided in a ruling pursuant to this | ||||||
| 7 | Section,
then every company must prefile every manual of | ||||||
| 8 | classifications, rules,
rates, rating plans, rating schedules, | ||||||
| 9 | and every modification of the foregoing
covered by such rule. | ||||||
| 10 | Such filing shall be made at least 30 days prior
to its taking | ||||||
| 11 | effect, and such prefiling requirement
shall remain in effect | ||||||
| 12 | as long as there is a ruling in effect pursuant to
this Section | ||||||
| 13 | that a reasonable degree of competition does not exist.
| ||||||
| 14 | (c) The Director shall disapprove a rate if he finds that | ||||||
| 15 | the rate is
excessive, inadequate or unfairly discriminatory as | ||||||
| 16 | defined in Section 456. An
insurer whose rates have been | ||||||
| 17 | disapproved shall be given a hearing upon
a written request | ||||||
| 18 | made within 30 days after the disapproval order.
| ||||||
| 19 | If the Director disapproves a rate, he shall issue an order | ||||||
| 20 | specifying
in what respects it fails to meet the requirements | ||||||
| 21 | of this Article and stating
when within a reasonable period | ||||||
| 22 | thereafter such rate shall be
discontinued for any policy | ||||||
| 23 | issued or renewed after a date specified in
the order. The | ||||||
| 24 | order shall be issued within 30 days after the close of
the | ||||||
| 25 | hearing or within such reasonable time extension as the | ||||||
| 26 | Director may
fix. Such order may include a provision for | ||||||
| |||||||
| |||||||
| 1 | premium adjustment for the
period after the effective date of | ||||||
| 2 | the order for policies in effect on such date.
| ||||||
| 3 | (d) Whenever an insurer has no legally effective rates as a | ||||||
| 4 | result of
the Director's disapproval of rates or other act, the | ||||||
| 5 | Director shall on
request of the insurer specify interim rates | ||||||
| 6 | for the insurer that are high
enough to protect the interest of | ||||||
| 7 | all parties and may order that a specified
portion of the | ||||||
| 8 | premiums be placed in an escrow account approved by him.
When | ||||||
| 9 | new rates become legally effective, the Director shall order | ||||||
| 10 | the escrowed
funds or any overcharge in the interim rates to be | ||||||
| 11 | distributed appropriately,
except that refunds to | ||||||
| 12 | policyholders that are de minimis minimus shall not be | ||||||
| 13 | required.
| ||||||
| 14 | (Source: P.A. 82-939; revised 10-21-15.)
| ||||||
| 15 | (215 ILCS 5/512.59) (from Ch. 73, par. 1065.59-59)
| ||||||
| 16 | (Section scheduled to be repealed on January 1, 2017)
| ||||||
| 17 | Sec. 512.59. Performance standards applicable to all | ||||||
| 18 | Public
Insurance Adjusters. | ||||||
| 19 | (a) A Public Insurance Adjuster shall not represent that
he | ||||||
| 20 | is a representative of an insurance company, a fire department, | ||||||
| 21 | or the
State of Illinois, or that he is a fire investigator, or | ||||||
| 22 | that his services
are required for the insured to submit a | ||||||
| 23 | claim to the insured's insurance
company, or that he may | ||||||
| 24 | provide legal advice or representation to the
insured. A Public | ||||||
| 25 | Insurance Adjuster may represent that he has been licensed
by | ||||||
| |||||||
| |||||||
| 1 | the State of Illinois.
| ||||||
| 2 | (b) A Public Insurance Adjuster shall not agree to any loss | ||||||
| 3 | settlement without
the insured's knowledge and consent and | ||||||
| 4 | shall provide the insured with a document setting forth the | ||||||
| 5 | scope, amount, and value of the damages prior to requesting the | ||||||
| 6 | insured for authority to settling any loss.
| ||||||
| 7 | (c)
If the Public Insurance Adjuster refers the insured to | ||||||
| 8 | a contractor,
the Public Insurance Adjuster warrants that all | ||||||
| 9 | work will be performed in
a workmanlike manner and conform to | ||||||
| 10 | all statutes, ordinances and codes.
Should the work not be | ||||||
| 11 | completed in a workmanlike manner, the Public Insurance
| ||||||
| 12 | Adjuster shall be responsible for any and all costs and expense | ||||||
| 13 | required
to complete or repair the work in a workmanlike | ||||||
| 14 | manner.
| ||||||
| 15 | (d) In all cases where the loss giving rise to the claim | ||||||
| 16 | for which the Public Insurance Adjuster was retained arise from | ||||||
| 17 | damage to a personal residence, the insurance proceeds shall be | ||||||
| 18 | delivered in person to the named insured or his or her | ||||||
| 19 | designee. Where proceeds paid by an insurance company are paid | ||||||
| 20 | jointly to the
insured and the Public Insurance Adjuster, the | ||||||
| 21 | insured
shall release such portion of the proceeds which are | ||||||
| 22 | due the Public Insurance Adjuster within
30 calendar days after | ||||||
| 23 | the insured's receipt of the insurance
company's check, money | ||||||
| 24 | order, draft, or release of funds. If the proceeds
are not so | ||||||
| 25 | released to the insured within 30 calendar days, the insured
| ||||||
| 26 | shall provide the Public Insurance Adjuster
with a written | ||||||
| |||||||
| |||||||
| 1 | explanation of the reason for the delay.
| ||||||
| 2 | (e)
A Public Insurance Adjuster
may not propose or attempt | ||||||
| 3 | to propose
to any person that the Public Insurance Adjuster | ||||||
| 4 | represent that person
while
a loss-producing occurrence is | ||||||
| 5 | continuing nor while the fire department
or its representatives | ||||||
| 6 | are engaged at the damaged premises nor between the
hours of | ||||||
| 7 | 7:00 p.m. and 8:00 a.m..
| ||||||
| 8 | (f) A Public Insurance Adjuster shall not advance money or | ||||||
| 9 | any valuable
consideration
to an insured pending adjustment of | ||||||
| 10 | a claim.
| ||||||
| 11 | (g) A Public Insurance Adjuster shall not provide legal | ||||||
| 12 | advice or
representation to the insured, or engage in the | ||||||
| 13 | unauthorized practice of law.
| ||||||
| 14 | (Source: P.A. 95-213, eff. 1-1-08; revised 10-21-15.)
| ||||||
| 15 | (215 ILCS 5/902) (from Ch. 73, par. 1065.602)
| ||||||
| 16 | Sec. 902.
"Entire contract Contract" specified.) Each | ||||||
| 17 | group legal expense insurance
policy shall provide that the | ||||||
| 18 | policy, the application of the employer, or
executive officer | ||||||
| 19 | or trustee of any association, and the individual applications,
| ||||||
| 20 | if any, of the employees, members or employees of members | ||||||
| 21 | insured shall
constitute the entire contract between the | ||||||
| 22 | parties, and that all statements
made by the employer, or the | ||||||
| 23 | executive officer or trustee, or by the individual
employees, | ||||||
| 24 | members or employees of members shall, in the absence of fraud,
| ||||||
| 25 | be deemed representations and not warranties warrantees, and | ||||||
| |||||||
| |||||||
| 1 | that no such statement
shall be used in defense to a claim | ||||||
| 2 | under the policy, unless it is contained
in a written | ||||||
| 3 | application.
| ||||||
| 4 | (Source: P.A. 81-1361; revised 10-21-15.)
| ||||||
| 5 | (215 ILCS 5/1202) (from Ch. 73, par. 1065.902)
| ||||||
| 6 | Sec. 1202. Duties. The Director shall:
| ||||||
| 7 | (a) determine the relationship of insurance premiums | ||||||
| 8 | and related income
as compared to insurance costs and | ||||||
| 9 | expenses and provide such information to
the General | ||||||
| 10 | Assembly and the general public;
| ||||||
| 11 | (b) study the insurance system in the State of | ||||||
| 12 | Illinois, and recommend
to the General Assembly what it | ||||||
| 13 | deems to be the most appropriate and
comprehensive cost | ||||||
| 14 | containment system for the State;
| ||||||
| 15 | (c) respond to the requests by agencies of government | ||||||
| 16 | and the General
Assembly for special studies and analysis | ||||||
| 17 | of data collected pursuant to
this Article. Such reports | ||||||
| 18 | shall be made available in a form prescribed by
the | ||||||
| 19 | Director. The Director may also determine a fee to be | ||||||
| 20 | charged to the
requesting agency to cover the direct and | ||||||
| 21 | indirect costs for producing such
a report, and shall | ||||||
| 22 | permit affected insurers the right to review the
accuracy | ||||||
| 23 | of the report before it is released. The fees shall
be | ||||||
| 24 | deposited
into the Statistical Services Revolving Fund and | ||||||
| 25 | credited to the account
of the Department of Insurance;
| ||||||
| |||||||
| |||||||
| 1 | (d) make an interim report to the General Assembly no | ||||||
| 2 | later than August
15, 1987, and an a annual report to the | ||||||
| 3 | General Assembly no later than July 1
every year thereafter | ||||||
| 4 | which shall include the Director's findings and
| ||||||
| 5 | recommendations regarding its duties as provided under | ||||||
| 6 | subsections (a),
(b), and (c) of this Section.
| ||||||
| 7 | (Source: P.A. 98-226, eff. 1-1-14; revised 10-21-15.)
| ||||||
| 8 | Section 315. The Public Utilities Act is amended by | ||||||
| 9 | changing Sections 13-703 and 16-108.5 as follows:
| ||||||
| 10 | (220 ILCS 5/13-703) (from Ch. 111 2/3, par. 13-703)
| ||||||
| 11 | (Section scheduled to be repealed on July 1, 2017)
| ||||||
| 12 | Sec. 13-703.
(a) The Commission shall design and implement | ||||||
| 13 | a program
whereby each telecommunications carrier providing | ||||||
| 14 | local exchange service
shall provide a telecommunications | ||||||
| 15 | device capable of servicing the needs of
those persons with a | ||||||
| 16 | hearing or speech disability together with a
single party line, | ||||||
| 17 | at no charge additional to the basic exchange rate, to
any | ||||||
| 18 | subscriber who is certified as having a hearing or speech | ||||||
| 19 | disability by a
licensed physician, speech-language | ||||||
| 20 | pathologist, audiologist or a qualified
State agency and to any | ||||||
| 21 | subscriber which is an organization serving the needs
of those | ||||||
| 22 | persons with a hearing or speech disability as determined and
| ||||||
| 23 | specified by the Commission pursuant to subsection (d).
| ||||||
| 24 | (b) The Commission shall design and implement a program, | ||||||
| |||||||
| |||||||
| 1 | whereby each
telecommunications carrier providing local | ||||||
| 2 | exchange service shall provide a
telecommunications relay | ||||||
| 3 | system, using third party intervention to connect
those persons | ||||||
| 4 | having a hearing or speech disability with persons of normal
| ||||||
| 5 | hearing by way of intercommunications devices and the telephone | ||||||
| 6 | system, making
available reasonable access to all phases of | ||||||
| 7 | public telephone service to
persons who have a hearing or | ||||||
| 8 | speech disability. In order to design a
telecommunications | ||||||
| 9 | relay system which will meet the requirements of those
persons | ||||||
| 10 | with a hearing or speech disability available at a reasonable | ||||||
| 11 | cost, the
Commission shall initiate an investigation and | ||||||
| 12 | conduct public hearings to
determine the most cost-effective | ||||||
| 13 | method of providing telecommunications relay
service to those | ||||||
| 14 | persons who have a hearing or speech disability when using
| ||||||
| 15 | telecommunications devices and therein solicit the advice, | ||||||
| 16 | counsel, and
physical assistance of Statewide nonprofit | ||||||
| 17 | consumer organizations that serve
persons with hearing or | ||||||
| 18 | speech disabilities in such hearings and during the
development | ||||||
| 19 | and implementation of the system. The Commission shall phase
in | ||||||
| 20 | this program, on a geographical basis, as soon as is | ||||||
| 21 | practicable, but
no later than June 30, 1990.
| ||||||
| 22 | (c) The Commission shall establish a competitively neutral | ||||||
| 23 | rate recovery mechanism that establishes charges in an amount | ||||||
| 24 | to be determined by the Commission
for each line of a | ||||||
| 25 | subscriber to allow telecommunications carriers
providing | ||||||
| 26 | local exchange service to recover costs as they are incurred
| ||||||
| |||||||
| |||||||
| 1 | under this Section. Beginning no later than April 1, 2016, and | ||||||
| 2 | on a yearly basis thereafter, the Commission shall initiate a | ||||||
| 3 | proceeding to establish the competitively neutral amount to be | ||||||
| 4 | charged or assessed to subscribers of telecommunications | ||||||
| 5 | carriers and wireless carriers, Interconnected VoIP service | ||||||
| 6 | providers, and consumers of prepaid wireless | ||||||
| 7 | telecommunications service in a manner consistent with this | ||||||
| 8 | subsection (c) and subsection (f) of this Section. The | ||||||
| 9 | Commission shall issue its order establishing the | ||||||
| 10 | competitively neutral amount to be charged or assessed to | ||||||
| 11 | subscribers of telecommunications carriers and wireless | ||||||
| 12 | carriers, Interconnected VoIP service providers, and | ||||||
| 13 | purchasers of prepaid wireless telecommunications service on | ||||||
| 14 | or prior to June 1 of each year, and such amount shall take | ||||||
| 15 | effect June 1 of each year.
| ||||||
| 16 | Telecommunications carriers, wireless carriers, | ||||||
| 17 | Interconnected VoIP service providers, and sellers of prepaid | ||||||
| 18 | wireless telecommunications service shall have 60 days from the | ||||||
| 19 | date the Commission files its order to implement the new rate | ||||||
| 20 | established by the order. | ||||||
| 21 | (d) The Commission shall determine and specify those | ||||||
| 22 | organizations serving
the needs of those persons having a | ||||||
| 23 | hearing or speech disability that shall
receive a | ||||||
| 24 | telecommunications device and in which offices the equipment | ||||||
| 25 | shall be
installed in the case of an organization having more | ||||||
| 26 | than one office. For the
purposes of this Section, | ||||||
| |||||||
| |||||||
| 1 | "organizations serving the needs of those persons
with hearing | ||||||
| 2 | or speech disabilities" means centers for independent living as
| ||||||
| 3 | described in Section 12a of the Rehabilitation of Persons with | ||||||
| 4 | Disabilities Act and
not-for-profit organizations whose | ||||||
| 5 | primary purpose is serving the needs of
those persons with | ||||||
| 6 | hearing or speech disabilities. The Commission shall direct
the | ||||||
| 7 | telecommunications carriers subject to its jurisdiction and | ||||||
| 8 | this
Section to comply with its determinations and | ||||||
| 9 | specifications in this regard.
| ||||||
| 10 | (e) As used in this Section: | ||||||
| 11 | "Prepaid wireless telecommunications service" has the | ||||||
| 12 | meaning given to that term under Section 10 of the Prepaid | ||||||
| 13 | Wireless 9-1-1 Surcharge Act. | ||||||
| 14 | "Retail transaction" has the meaning given to that term | ||||||
| 15 | under Section 10 of the Prepaid Wireless 9-1-1 Surcharge Act. | ||||||
| 16 | "Seller" has the meaning given to that term under Section | ||||||
| 17 | 10 of the Prepaid Wireless 9-1-1 Surcharge Act. | ||||||
| 18 | "Telecommunications carrier
providing local exchange | ||||||
| 19 | service" includes, without otherwise limiting the
meaning of | ||||||
| 20 | the term, telecommunications carriers which are purely mutual
| ||||||
| 21 | concerns, having no rates or charges for services, but paying | ||||||
| 22 | the operating
expenses by assessment upon the members of such a | ||||||
| 23 | company and no other
person.
| ||||||
| 24 | "Wireless carrier" has the meaning given to that term under | ||||||
| 25 | Section 10 of the Wireless Emergency Telephone Safety Act. | ||||||
| 26 | (f) Interconnected VoIP service providers, sellers of | ||||||
| |||||||
| |||||||
| 1 | prepaid wireless telecommunications service, and wireless | ||||||
| 2 | carriers in Illinois shall collect and remit assessments | ||||||
| 3 | determined in accordance with this Section in a competitively | ||||||
| 4 | neutral manner in the same manner as a telecommunications | ||||||
| 5 | carrier providing local exchange service. However, the | ||||||
| 6 | assessment imposed on consumers of prepaid wireless | ||||||
| 7 | telecommunications service shall be collected by the seller | ||||||
| 8 | from the consumer and imposed per retail transaction as a | ||||||
| 9 | percentage of that retail transaction on all retail | ||||||
| 10 | transactions occurring in this State. The assessment on | ||||||
| 11 | subscribers of wireless carriers and consumers of prepaid | ||||||
| 12 | wireless telecommunications service shall not be imposed or | ||||||
| 13 | collected prior to June 1, 2016. | ||||||
| 14 | Sellers of prepaid wireless telecommunications service | ||||||
| 15 | shall remit the assessments to the Department of Revenue on the | ||||||
| 16 | same form and in the same manner which they remit the fee | ||||||
| 17 | collected under the Prepaid Wireless 9-1-1 Surcharge Act. For | ||||||
| 18 | the purposes of display on the consumers' receipts, the rates | ||||||
| 19 | of the fee collected under the Prepaid Wireless 9-1-1 Surcharge | ||||||
| 20 | Act and the assessment under this Section may be combined. In | ||||||
| 21 | administration and enforcement of this Section, the provisions | ||||||
| 22 | of Sections 15 and 20 of the Prepaid Wireless 9-1-1 Surcharge | ||||||
| 23 | Act (except subsections (a), (a-5), (b-5), (e), and (e-5) of | ||||||
| 24 | Section 15 and subsections (c) and (e) of Section 20 of the | ||||||
| 25 | Prepaid Wireless 9-1-1 Surcharge Act and, from June 29, 2015 | ||||||
| 26 | (the effective date of Public Act 99-6) this amendatory Act of | ||||||
| |||||||
| |||||||
| 1 | the 99th General Assembly, the seller shall be permitted to | ||||||
| 2 | deduct and retain 3% of the assessments that are collected by | ||||||
| 3 | the seller from consumers and that are remitted and timely | ||||||
| 4 | filed with the Department) that are not inconsistent with this | ||||||
| 5 | Section, shall apply, as far as practicable, to the subject | ||||||
| 6 | matter of this Section to the same extent as if those | ||||||
| 7 | provisions were included in this Section. The Department shall | ||||||
| 8 | deposit all assessments and penalties collected under this | ||||||
| 9 | Section into the Illinois Telecommunications Access | ||||||
| 10 | Corporation Fund, a special fund created in the State treasury. | ||||||
| 11 | On or before the 25th day of each calendar month, the | ||||||
| 12 | Department shall prepare and certify to the Comptroller the | ||||||
| 13 | amount available to the Commission for distribution out of the | ||||||
| 14 | Illinois Telecommunications Access Corporation Fund. The | ||||||
| 15 | amount certified shall be the amount (not including credit | ||||||
| 16 | memoranda) collected during the second preceding calendar | ||||||
| 17 | month by the Department, plus an amount the Department | ||||||
| 18 | determines is necessary to offset any amounts which were | ||||||
| 19 | erroneously paid to a different taxing body or fund. The amount | ||||||
| 20 | paid to the Illinois Telecommunications Access Corporation | ||||||
| 21 | Fund shall not include any amount equal to the amount of | ||||||
| 22 | refunds made during the second preceding calendar month by the | ||||||
| 23 | Department to retailers under this Section or any amount that | ||||||
| 24 | the Department determines is necessary to offset any amounts | ||||||
| 25 | which were payable to a different taxing body or fund but were | ||||||
| 26 | erroneously paid to the Illinois Telecommunications Access | ||||||
| |||||||
| |||||||
| 1 | Corporation Fund. The Commission shall distribute all the funds | ||||||
| 2 | to the Illinois Telecommunications Access Corporation and the | ||||||
| 3 | funds may only be used in accordance with the provisions of | ||||||
| 4 | this Section. The Department shall deduct 2% of all amounts | ||||||
| 5 | deposited in the Illinois Telecommunications Access | ||||||
| 6 | Corporation Fund during every year of remitted assessments. Of | ||||||
| 7 | the 2% deducted by the Department, one-half shall be | ||||||
| 8 | transferred into the Tax Compliance and Administration Fund to | ||||||
| 9 | reimburse the Department for its direct costs of administering | ||||||
| 10 | the collection and remittance of the assessment. The remaining | ||||||
| 11 | one-half shall be transferred into the Public Utilities Fund to | ||||||
| 12 | reimburse the Commission for its costs of distributing to the | ||||||
| 13 | Illinois Telecommunications Access Corporation the amount | ||||||
| 14 | certified by the Department for distribution. The amount to be | ||||||
| 15 | charged or assessed under subsections (c) and (f) is not | ||||||
| 16 | imposed on a provider or the consumer for wireless Lifeline | ||||||
| 17 | service where the consumer does not pay the provider for the | ||||||
| 18 | service. Where the consumer purchases from the provider | ||||||
| 19 | optional minutes, texts, or other services in addition to the | ||||||
| 20 | federally funded Lifeline benefit, a consumer must pay the | ||||||
| 21 | charge or assessment, and it must be collected by the seller | ||||||
| 22 | according to subsection (f). | ||||||
| 23 | Interconnected VoIP services shall not be considered an | ||||||
| 24 | intrastate telecommunications service for the purposes of this | ||||||
| 25 | Section in a manner inconsistent with federal law or Federal | ||||||
| 26 | Communications Commission regulation. | ||||||
| |||||||
| |||||||
| 1 | (g) The provisions of this Section are severable under | ||||||
| 2 | Section 1.31 of the Statute on Statutes. | ||||||
| 3 | (h) The Commission may adopt rules necessary to implement | ||||||
| 4 | this Section. | ||||||
| 5 | (Source: P.A. 99-6, eff. 6-29-15; 99-143, eff. 7-27-15; revised | ||||||
| 6 | 10-21-15.)
| ||||||
| 7 | (220 ILCS 5/16-108.5) | ||||||
| 8 | Sec. 16-108.5. Infrastructure investment and | ||||||
| 9 | modernization; regulatory reform. | ||||||
| 10 | (a) (Blank). | ||||||
| 11 | (b) For purposes of this Section, "participating utility" | ||||||
| 12 | means an electric utility or a combination utility serving more | ||||||
| 13 | than 1,000,000 customers in Illinois that voluntarily elects | ||||||
| 14 | and commits to undertake (i) the infrastructure investment | ||||||
| 15 | program consisting of the commitments and obligations | ||||||
| 16 | described in this subsection (b) and (ii) the customer | ||||||
| 17 | assistance program consisting of the commitments and | ||||||
| 18 | obligations described in subsection (b-10) of this Section, | ||||||
| 19 | notwithstanding any other provisions of this Act and without | ||||||
| 20 | obtaining any approvals from the Commission or any other agency | ||||||
| 21 | other than as set forth in this Section, regardless of whether | ||||||
| 22 | any such approval would otherwise be required. "Combination | ||||||
| 23 | utility" means a utility that, as of January 1, 2011, provided | ||||||
| 24 | electric service to at least one million retail customers in | ||||||
| 25 | Illinois and gas service to at least 500,000 retail customers | ||||||
| |||||||
| |||||||
| 1 | in Illinois. A participating utility shall recover the | ||||||
| 2 | expenditures made under the infrastructure investment program | ||||||
| 3 | through the ratemaking process, including, but not limited to, | ||||||
| 4 | the performance-based formula rate and process set forth in | ||||||
| 5 | this Section. | ||||||
| 6 | During the infrastructure investment program's peak | ||||||
| 7 | program year, a participating utility other than a combination | ||||||
| 8 | utility shall create 2,000 full-time equivalent jobs in | ||||||
| 9 | Illinois, and a participating utility that is a combination | ||||||
| 10 | utility shall create 450 full-time equivalent jobs in Illinois | ||||||
| 11 | related to the provision of electric service. These jobs shall | ||||||
| 12 | include direct jobs, contractor positions, and induced jobs, | ||||||
| 13 | but shall not include any portion of a job commitment, not | ||||||
| 14 | specifically contingent on an amendatory Act of the 97th | ||||||
| 15 | General Assembly becoming law, between a participating utility | ||||||
| 16 | and a labor union that existed on December 30, 2011 (the | ||||||
| 17 | effective date of Public Act 97-646) this amendatory Act of the | ||||||
| 18 | 97th General Assembly and that has not yet been fulfilled. A | ||||||
| 19 | portion of the full-time equivalent jobs created by each | ||||||
| 20 | participating utility shall include incremental personnel | ||||||
| 21 | hired subsequent to December 30, 2011 (the effective date of | ||||||
| 22 | Public Act 97-646) this amendatory Act of the 97th General | ||||||
| 23 | Assembly. For purposes of this Section, "peak program year" | ||||||
| 24 | means the consecutive 12-month period with the highest number | ||||||
| 25 | of full-time equivalent jobs that occurs between the beginning | ||||||
| 26 | of investment year 2 and the end of investment year 4. | ||||||
| |||||||
| |||||||
| 1 | A participating utility shall meet one of the following | ||||||
| 2 | commitments, as applicable: | ||||||
| 3 | (1) Beginning no later than 180 days after a | ||||||
| 4 | participating utility other than a combination utility | ||||||
| 5 | files a performance-based formula rate tariff pursuant to | ||||||
| 6 | subsection (c) of this Section, or, beginning no later than | ||||||
| 7 | January 1, 2012 if such utility files such | ||||||
| 8 | performance-based formula rate tariff within 14 days of | ||||||
| 9 | October 26, 2011 (the effective date of Public Act 97-616) | ||||||
| 10 | this amendatory Act of the 97th General Assembly, the | ||||||
| 11 | participating utility shall, except as provided in | ||||||
| 12 | subsection (b-5): | ||||||
| 13 | (A) over a 5-year period, invest an estimated | ||||||
| 14 | $1,300,000,000 in electric system upgrades, | ||||||
| 15 | modernization projects, and training facilities, | ||||||
| 16 | including, but not limited to: | ||||||
| 17 | (i) distribution infrastructure improvements | ||||||
| 18 | totaling an estimated $1,000,000,000, including | ||||||
| 19 | underground residential distribution cable | ||||||
| 20 | injection and replacement and mainline cable | ||||||
| 21 | system refurbishment and replacement projects; | ||||||
| 22 | (ii) training facility construction or upgrade | ||||||
| 23 | projects totaling an estimated $10,000,000, | ||||||
| 24 | provided that, at a minimum, one such facility | ||||||
| 25 | shall be located in a municipality having a | ||||||
| 26 | population of more than 2 million residents and one | ||||||
| |||||||
| |||||||
| 1 | such facility shall be located in a municipality | ||||||
| 2 | having a population of more than 150,000 residents | ||||||
| 3 | but fewer than 170,000 residents; any such new | ||||||
| 4 | facility located in a municipality having a | ||||||
| 5 | population of more than 2 million residents must be | ||||||
| 6 | designed for the purpose of obtaining, and the | ||||||
| 7 | owner of the facility shall apply for, | ||||||
| 8 | certification under the United States Green | ||||||
| 9 | Building Council's Leadership in Energy Efficiency | ||||||
| 10 | Design Green Building Rating System; | ||||||
| 11 | (iii) wood pole inspection, treatment, and | ||||||
| 12 | replacement programs; | ||||||
| 13 | (iv) an estimated $200,000,000 for reducing | ||||||
| 14 | the susceptibility of certain circuits to | ||||||
| 15 | storm-related damage, including, but not limited | ||||||
| 16 | to, high winds, thunderstorms, and ice storms; | ||||||
| 17 | improvements may include, but are not limited to, | ||||||
| 18 | overhead to underground conversion and other | ||||||
| 19 | engineered outcomes for circuits; the | ||||||
| 20 | participating utility shall prioritize the | ||||||
| 21 | selection of circuits based on each circuit's | ||||||
| 22 | historical susceptibility to storm-related damage | ||||||
| 23 | and the ability to provide the greatest customer | ||||||
| 24 | benefit upon completion of the improvements; to be | ||||||
| 25 | eligible for improvement, the participating | ||||||
| 26 | utility's ability to maintain proper tree | ||||||
| |||||||
| |||||||
| 1 | clearances surrounding the overhead circuit must | ||||||
| 2 | not have
been impeded by third parties; and | ||||||
| 3 | (B) over a 10-year period, invest an estimated | ||||||
| 4 | $1,300,000,000 to upgrade and modernize its | ||||||
| 5 | transmission and distribution infrastructure and in | ||||||
| 6 | Smart Grid electric system upgrades, including, but | ||||||
| 7 | not limited to: | ||||||
| 8 | (i) additional smart meters; | ||||||
| 9 | (ii) distribution automation; | ||||||
| 10 | (iii) associated cyber secure data | ||||||
| 11 | communication network; and | ||||||
| 12 | (iv) substation micro-processor relay | ||||||
| 13 | upgrades. | ||||||
| 14 | (2) Beginning no later than 180 days after a | ||||||
| 15 | participating utility that is a combination utility files a | ||||||
| 16 | performance-based formula rate tariff pursuant to | ||||||
| 17 | subsection (c) of this Section, or, beginning no later than | ||||||
| 18 | January 1, 2012 if such utility files such | ||||||
| 19 | performance-based formula rate tariff within 14 days of | ||||||
| 20 | October 26, 2011 (the effective date of Public Act 97-616) | ||||||
| 21 | this amendatory Act of the 97th General Assembly, the | ||||||
| 22 | participating utility shall, except as provided in | ||||||
| 23 | subsection (b-5): | ||||||
| 24 | (A) over a 10-year period, invest an estimated | ||||||
| 25 | $265,000,000 in electric system upgrades, | ||||||
| 26 | modernization projects, and training facilities, | ||||||
| |||||||
| |||||||
| 1 | including, but not limited to: | ||||||
| 2 | (i) distribution infrastructure improvements | ||||||
| 3 | totaling an estimated $245,000,000, which may | ||||||
| 4 | include bulk supply substations, transformers, | ||||||
| 5 | reconductoring, and rebuilding overhead | ||||||
| 6 | distribution and sub-transmission lines, | ||||||
| 7 | underground residential distribution cable | ||||||
| 8 | injection and replacement and mainline cable | ||||||
| 9 | system refurbishment and replacement projects; | ||||||
| 10 | (ii) training facility construction or upgrade | ||||||
| 11 | projects totaling an estimated $1,000,000; any | ||||||
| 12 | such new facility must be designed for the purpose | ||||||
| 13 | of obtaining, and the owner of the facility shall | ||||||
| 14 | apply for, certification under the United States | ||||||
| 15 | Green Building Council's Leadership in Energy | ||||||
| 16 | Efficiency Design Green Building Rating System; | ||||||
| 17 | and | ||||||
| 18 | (iii) wood pole inspection, treatment, and | ||||||
| 19 | replacement programs; and | ||||||
| 20 | (B) over a 10-year period, invest an estimated | ||||||
| 21 | $360,000,000 to upgrade and modernize its transmission | ||||||
| 22 | and distribution infrastructure and in Smart Grid | ||||||
| 23 | electric system upgrades, including, but not limited | ||||||
| 24 | to: | ||||||
| 25 | (i) additional smart meters; | ||||||
| 26 | (ii) distribution automation; | ||||||
| |||||||
| |||||||
| 1 | (iii) associated cyber secure data | ||||||
| 2 | communication network; and | ||||||
| 3 | (iv) substation micro-processor relay | ||||||
| 4 | upgrades. | ||||||
| 5 | For purposes of this Section, "Smart Grid electric system | ||||||
| 6 | upgrades" shall have the meaning set forth in subsection (a) of | ||||||
| 7 | Section 16-108.6 of this Act. | ||||||
| 8 | The investments in the infrastructure investment program | ||||||
| 9 | described in this subsection (b) shall be incremental to the | ||||||
| 10 | participating utility's annual capital investment program, as | ||||||
| 11 | defined by, for purposes of this subsection (b), the | ||||||
| 12 | participating utility's average capital spend for calendar | ||||||
| 13 | years 2008, 2009, and 2010 as reported in the applicable | ||||||
| 14 | Federal Energy Regulatory Commission (FERC) Form 1; provided | ||||||
| 15 | that where one or more utilities have merged, the average | ||||||
| 16 | capital spend shall be determined using the aggregate of the | ||||||
| 17 | merged utilities' capital spend reported in FERC Form 1 for the | ||||||
| 18 | years 2008, 2009, and 2010. A participating utility may add | ||||||
| 19 | reasonable construction ramp-up and ramp-down time to the | ||||||
| 20 | investment periods specified in this subsection (b). For each | ||||||
| 21 | such investment period, the ramp-up and ramp-down time shall | ||||||
| 22 | not exceed a total of 6 months. | ||||||
| 23 | Within 60 days after filing a tariff under subsection (c) | ||||||
| 24 | of this Section, a participating utility shall submit to the | ||||||
| 25 | Commission its plan, including scope, schedule, and staffing, | ||||||
| 26 | for satisfying its infrastructure investment program | ||||||
| |||||||
| |||||||
| 1 | commitments pursuant to this subsection (b). The submitted plan | ||||||
| 2 | shall include a schedule and staffing plan for the next | ||||||
| 3 | calendar year. The plan shall also include a plan for the | ||||||
| 4 | creation, operation, and administration of a Smart Grid test | ||||||
| 5 | bed as described in subsection (c) of Section 16-108.8. The | ||||||
| 6 | plan need not allocate the work equally over the respective | ||||||
| 7 | periods, but should allocate material increments throughout | ||||||
| 8 | such periods commensurate with the work to be undertaken. No | ||||||
| 9 | later than April 1 of each subsequent year, the utility shall | ||||||
| 10 | submit to the Commission a report that includes any updates to | ||||||
| 11 | the plan, a schedule for the next calendar year, the | ||||||
| 12 | expenditures made for the prior calendar year and cumulatively, | ||||||
| 13 | and the number of full-time equivalent jobs created for the | ||||||
| 14 | prior calendar year and cumulatively. If the utility is | ||||||
| 15 | materially deficient in satisfying a schedule or staffing plan, | ||||||
| 16 | then the report must also include a corrective action plan to | ||||||
| 17 | address the deficiency. The fact that the plan, implementation | ||||||
| 18 | of the plan, or a schedule changes shall not imply the | ||||||
| 19 | imprudence or unreasonableness of the infrastructure | ||||||
| 20 | investment program, plan, or schedule. Further, no later than | ||||||
| 21 | 45 days following the last day of the first, second, and third | ||||||
| 22 | quarters of each year of the plan, a participating utility | ||||||
| 23 | shall submit to the Commission a verified quarterly report for | ||||||
| 24 | the prior quarter that includes (i) the total number of | ||||||
| 25 | full-time equivalent jobs created during the prior quarter, | ||||||
| 26 | (ii) the total number of employees as of the last day of the | ||||||
| |||||||
| |||||||
| 1 | prior quarter, (iii) the total number of full-time equivalent | ||||||
| 2 | hours in each job classification or job title, (iv) the total | ||||||
| 3 | number of incremental employees and contractors in support of | ||||||
| 4 | the investments undertaken pursuant to this subsection (b) for | ||||||
| 5 | the prior quarter, and (v) any other information that the | ||||||
| 6 | Commission may require by rule. | ||||||
| 7 | With respect to the participating utility's peak job | ||||||
| 8 | commitment, if, after considering the utility's corrective | ||||||
| 9 | action plan and compliance thereunder, the Commission enters an | ||||||
| 10 | order finding, after notice and hearing, that a participating | ||||||
| 11 | utility did not satisfy its peak job commitment described in | ||||||
| 12 | this subsection (b) for reasons that are reasonably within its | ||||||
| 13 | control, then the Commission shall also determine, after | ||||||
| 14 | consideration of the evidence, including, but not limited to, | ||||||
| 15 | evidence submitted by the Department of Commerce and Economic | ||||||
| 16 | Opportunity and the utility, the deficiency in the number of | ||||||
| 17 | full-time equivalent jobs during the peak program year due to | ||||||
| 18 | such failure. The Commission shall notify the Department of any | ||||||
| 19 | proceeding that is initiated pursuant to this paragraph. For | ||||||
| 20 | each full-time equivalent job deficiency during the peak | ||||||
| 21 | program year that the Commission finds as set forth in this | ||||||
| 22 | paragraph, the participating utility shall, within 30 days | ||||||
| 23 | after the entry of the Commission's order, pay $6,000 to a fund | ||||||
| 24 | for training grants administered under Section 605-800 of the | ||||||
| 25 | The Department of Commerce and Economic Opportunity Law, which | ||||||
| 26 | shall not be a recoverable expense. | ||||||
| |||||||
| |||||||
| 1 | With respect to the participating utility's investment | ||||||
| 2 | amount commitments, if, after considering the utility's | ||||||
| 3 | corrective action plan and compliance thereunder, the | ||||||
| 4 | Commission enters an order finding, after notice and hearing, | ||||||
| 5 | that a participating utility is not satisfying its investment | ||||||
| 6 | amount commitments described in this subsection (b), then the | ||||||
| 7 | utility shall no longer be eligible to annually update the | ||||||
| 8 | performance-based formula rate tariff pursuant to subsection | ||||||
| 9 | (d) of this Section. In such event, the then current rates | ||||||
| 10 | shall remain in effect until such time as new rates are set | ||||||
| 11 | pursuant to Article IX of this Act, subject to retroactive | ||||||
| 12 | adjustment, with interest, to reconcile rates charged with | ||||||
| 13 | actual costs. | ||||||
| 14 | If the Commission finds that a participating utility is no | ||||||
| 15 | longer eligible to update the performance-based formula rate | ||||||
| 16 | tariff pursuant to subsection (d) of this Section, or the | ||||||
| 17 | performance-based formula rate is otherwise terminated, then | ||||||
| 18 | the participating utility's voluntary commitments and | ||||||
| 19 | obligations under this subsection (b) shall immediately | ||||||
| 20 | terminate, except for the utility's obligation to pay an amount | ||||||
| 21 | already owed to the fund for training grants pursuant to a | ||||||
| 22 | Commission order. | ||||||
| 23 | In meeting the obligations of this subsection (b), to the | ||||||
| 24 | extent feasible and consistent with State and federal law, the | ||||||
| 25 | investments under the infrastructure investment program should | ||||||
| 26 | provide employment opportunities for all segments of the | ||||||
| |||||||
| |||||||
| 1 | population and workforce, including minority-owned and | ||||||
| 2 | female-owned business enterprises, and shall not, consistent | ||||||
| 3 | with State and federal law, discriminate based on race or | ||||||
| 4 | socioeconomic status. | ||||||
| 5 | (b-5) Nothing in this Section shall prohibit the Commission | ||||||
| 6 | from investigating the prudence and reasonableness of the | ||||||
| 7 | expenditures made under the infrastructure investment program | ||||||
| 8 | during the annual review required by subsection (d) of this | ||||||
| 9 | Section and shall, as part of such investigation, determine | ||||||
| 10 | whether the utility's actual costs under the program are | ||||||
| 11 | prudent and reasonable. The fact that a participating utility | ||||||
| 12 | invests more than the minimum amounts specified in subsection | ||||||
| 13 | (b) of this Section or its plan shall not imply imprudence or | ||||||
| 14 | unreasonableness. | ||||||
| 15 | If the participating utility finds that it is implementing | ||||||
| 16 | its plan for satisfying the infrastructure investment program | ||||||
| 17 | commitments described in subsection (b) of this Section at a | ||||||
| 18 | cost below the estimated amounts specified in subsection (b) of | ||||||
| 19 | this Section, then the utility may file a petition with the | ||||||
| 20 | Commission requesting that it be permitted to satisfy its | ||||||
| 21 | commitments by spending less than the estimated amounts | ||||||
| 22 | specified in subsection (b) of this Section. The Commission | ||||||
| 23 | shall, after notice and hearing, enter its order approving, or | ||||||
| 24 | approving as modified, or denying each such petition within 150 | ||||||
| 25 | days after the filing of the petition. | ||||||
| 26 | In no event, absent General Assembly approval, shall the | ||||||
| |||||||
| |||||||
| 1 | capital investment costs incurred by a participating utility | ||||||
| 2 | other than a combination utility in satisfying its | ||||||
| 3 | infrastructure investment program commitments described in | ||||||
| 4 | subsection (b) of this Section exceed $3,000,000,000 or, for a | ||||||
| 5 | participating utility that is a combination utility, | ||||||
| 6 | $720,000,000. If the participating utility's updated cost | ||||||
| 7 | estimates for satisfying its infrastructure investment program | ||||||
| 8 | commitments described in subsection (b) of this Section exceed | ||||||
| 9 | the limitation imposed by this subsection (b-5), then it shall | ||||||
| 10 | submit a report to the Commission that identifies the increased | ||||||
| 11 | costs and explains the reason or reasons for the increased | ||||||
| 12 | costs no later than the year in which the utility estimates it | ||||||
| 13 | will exceed the limitation. The Commission shall review the | ||||||
| 14 | report and shall, within 90 days after the participating | ||||||
| 15 | utility files the report, report to the General Assembly its | ||||||
| 16 | findings regarding the participating utility's report. If the | ||||||
| 17 | General Assembly does not amend the limitation imposed by this | ||||||
| 18 | subsection (b-5), then the utility may modify its plan so as | ||||||
| 19 | not to exceed the limitation imposed by this subsection (b-5) | ||||||
| 20 | and may propose corresponding changes to the metrics | ||||||
| 21 | established pursuant to subparagraphs (5) through (8) of | ||||||
| 22 | subsection (f) of this Section, and the Commission may modify | ||||||
| 23 | the metrics and incremental savings goals established pursuant | ||||||
| 24 | to subsection (f) of this Section accordingly. | ||||||
| 25 | (b-10) All participating utilities shall make | ||||||
| 26 | contributions for an energy low-income and support program in | ||||||
| |||||||
| |||||||
| 1 | accordance with this subsection. Beginning no later than 180 | ||||||
| 2 | days after a participating utility files a performance-based | ||||||
| 3 | formula rate tariff pursuant to subsection (c) of this Section, | ||||||
| 4 | or beginning no later than January 1, 2012 if such utility | ||||||
| 5 | files such performance-based formula rate tariff within 14 days | ||||||
| 6 | of December 30, 2011 (the effective date of Public Act 97-646) | ||||||
| 7 | this amendatory Act of the 97th General Assembly, and without | ||||||
| 8 | obtaining any approvals from the Commission or any other agency | ||||||
| 9 | other than as set forth in this Section, regardless of whether | ||||||
| 10 | any such approval would otherwise be required, a participating | ||||||
| 11 | utility other than a combination utility shall pay $10,000,000 | ||||||
| 12 | per year for 5 years and a participating utility that is a | ||||||
| 13 | combination utility shall pay $1,000,000 per year for 10 years | ||||||
| 14 | to the energy low-income and support program, which is intended | ||||||
| 15 | to fund customer assistance programs with the primary purpose | ||||||
| 16 | being avoidance of
imminent disconnection. Such programs may | ||||||
| 17 | include: | ||||||
| 18 | (1) a residential hardship program that may partner | ||||||
| 19 | with community-based
organizations, including senior | ||||||
| 20 | citizen organizations, and provides grants to low-income | ||||||
| 21 | residential customers, including low-income senior | ||||||
| 22 | citizens, who demonstrate a hardship; | ||||||
| 23 | (2) a program that provides grants and other bill | ||||||
| 24 | payment concessions to veterans with disabilities who | ||||||
| 25 | demonstrate a hardship and members of the armed services or | ||||||
| 26 | reserve forces of the United States or members of the | ||||||
| |||||||
| |||||||
| 1 | Illinois National Guard who are on active duty pursuant to | ||||||
| 2 | an executive order of the President of the United States, | ||||||
| 3 | an act of the Congress of the United States, or an order of | ||||||
| 4 | the Governor and who demonstrate a
hardship; | ||||||
| 5 | (3) a budget assistance program that provides tools and | ||||||
| 6 | education to low-income senior citizens to assist them with | ||||||
| 7 | obtaining information regarding energy usage and
effective | ||||||
| 8 | means of managing energy costs; | ||||||
| 9 | (4) a non-residential special hardship program that | ||||||
| 10 | provides grants to non-residential customers such as small | ||||||
| 11 | businesses and non-profit organizations that demonstrate a | ||||||
| 12 | hardship, including those providing services to senior | ||||||
| 13 | citizen and low-income customers; and | ||||||
| 14 | (5) a performance-based assistance program that | ||||||
| 15 | provides grants to encourage residential customers to make | ||||||
| 16 | on-time payments by matching a portion of the customer's | ||||||
| 17 | payments or providing credits towards arrearages. | ||||||
| 18 | The payments made by a participating utility pursuant to | ||||||
| 19 | this subsection (b-10) shall not be a recoverable expense. A | ||||||
| 20 | participating utility may elect to fund either new or existing | ||||||
| 21 | customer assistance programs, including, but not limited to, | ||||||
| 22 | those that are administered by the utility. | ||||||
| 23 | Programs that use funds that are provided by a | ||||||
| 24 | participating utility to reduce utility bills may be | ||||||
| 25 | implemented through tariffs that are filed with and reviewed by | ||||||
| 26 | the Commission. If a utility elects to file tariffs with the | ||||||
| |||||||
| |||||||
| 1 | Commission to implement all or a portion of the programs, those | ||||||
| 2 | tariffs shall, regardless of the date actually filed, be deemed | ||||||
| 3 | accepted and approved, and shall become effective on December | ||||||
| 4 | 30, 2011 (the effective date of Public Act 97-646) this | ||||||
| 5 | amendatory Act of the 97th General Assembly. The participating | ||||||
| 6 | utilities whose customers benefit from the funds that are | ||||||
| 7 | disbursed as contemplated in this Section shall file annual | ||||||
| 8 | reports documenting the disbursement of those funds with the | ||||||
| 9 | Commission. The Commission has the authority to audit | ||||||
| 10 | disbursement of the funds to ensure they were disbursed | ||||||
| 11 | consistently with this Section. | ||||||
| 12 | If the Commission finds that a participating utility is no | ||||||
| 13 | longer eligible to update the performance-based formula rate | ||||||
| 14 | tariff pursuant to subsection (d) of this Section, or the | ||||||
| 15 | performance-based formula rate is otherwise terminated, then | ||||||
| 16 | the participating utility's voluntary commitments and | ||||||
| 17 | obligations under this subsection (b-10) shall immediately | ||||||
| 18 | terminate. | ||||||
| 19 | (c) A participating utility may elect to recover its | ||||||
| 20 | delivery services costs through a performance-based formula | ||||||
| 21 | rate approved by the Commission, which shall specify the cost | ||||||
| 22 | components that form the basis of the rate charged to customers | ||||||
| 23 | with sufficient specificity to operate in a standardized manner | ||||||
| 24 | and be updated annually with transparent information that | ||||||
| 25 | reflects the utility's actual costs to be recovered during the | ||||||
| 26 | applicable rate year, which is the period beginning with the | ||||||
| |||||||
| |||||||
| 1 | first billing day of January and extending through the last | ||||||
| 2 | billing day of the following December. In the event the utility | ||||||
| 3 | recovers a portion of its costs through automatic adjustment | ||||||
| 4 | clause tariffs on October 26, 2011 (the effective date of | ||||||
| 5 | Public Act 97-616) this amendatory Act of the 97th General | ||||||
| 6 | Assembly, the utility may elect to continue to recover these | ||||||
| 7 | costs through such tariffs, but then these costs shall not be | ||||||
| 8 | recovered through the performance-based formula rate. In the | ||||||
| 9 | event the participating utility, prior to December 30, 2011 | ||||||
| 10 | (the effective date of Public Act 97-646) this amendatory Act | ||||||
| 11 | of the 97th General Assembly, filed electric delivery services | ||||||
| 12 | tariffs with the Commission pursuant to Section 9-201 of this | ||||||
| 13 | Act that are related to the recovery of its electric delivery | ||||||
| 14 | services costs that are still pending on December 30, 2011 (the | ||||||
| 15 | effective date of Public Act 97-646) this amendatory Act of the | ||||||
| 16 | 97th General Assembly, the participating utility shall, at the | ||||||
| 17 | time it files its performance-based formula rate tariff with | ||||||
| 18 | the Commission, also file a notice of withdrawal with the | ||||||
| 19 | Commission to withdraw the electric delivery services tariffs | ||||||
| 20 | previously filed pursuant to Section 9-201 of this Act. Upon | ||||||
| 21 | receipt of such notice, the Commission shall dismiss with | ||||||
| 22 | prejudice any docket that had been initiated to investigate the | ||||||
| 23 | electric delivery services tariffs filed pursuant to Section | ||||||
| 24 | 9-201 of this Act, and such tariffs and the record related | ||||||
| 25 | thereto shall not be the subject of any further hearing, | ||||||
| 26 | investigation, or proceeding of any kind related to rates for | ||||||
| |||||||
| |||||||
| 1 | electric delivery services. | ||||||
| 2 | The performance-based formula rate shall be implemented | ||||||
| 3 | through a tariff filed with the Commission consistent with the | ||||||
| 4 | provisions of this subsection (c) that shall be applicable to | ||||||
| 5 | all delivery services customers. The Commission shall initiate | ||||||
| 6 | and conduct an investigation of the tariff in a manner | ||||||
| 7 | consistent with the provisions of this subsection (c) and the | ||||||
| 8 | provisions of Article IX of this Act to the extent they do not | ||||||
| 9 | conflict with this subsection (c). Except in the case where the | ||||||
| 10 | Commission finds, after notice and hearing, that a | ||||||
| 11 | participating utility is not satisfying its investment amount | ||||||
| 12 | commitments under subsection (b) of this Section, the | ||||||
| 13 | performance-based formula rate shall remain in effect at the | ||||||
| 14 | discretion of the utility. The performance-based formula rate | ||||||
| 15 | approved by the Commission shall do the following: | ||||||
| 16 | (1) Provide for the recovery of the utility's actual | ||||||
| 17 | costs of delivery services that are prudently incurred and | ||||||
| 18 | reasonable in amount consistent with Commission practice | ||||||
| 19 | and law. The sole fact that a cost differs from that | ||||||
| 20 | incurred in a prior calendar year or that an investment is | ||||||
| 21 | different from that made in a prior calendar year shall not | ||||||
| 22 | imply the imprudence or unreasonableness of that cost or | ||||||
| 23 | investment. | ||||||
| 24 | (2) Reflect the utility's actual year-end capital | ||||||
| 25 | structure for the applicable calendar year, excluding | ||||||
| 26 | goodwill, subject to a determination of prudence and | ||||||
| |||||||
| |||||||
| 1 | reasonableness consistent with Commission practice and | ||||||
| 2 | law. | ||||||
| 3 | (3) Include a cost of equity, which shall be calculated | ||||||
| 4 | as the sum of the following: | ||||||
| 5 | (A) the average for the applicable calendar year of | ||||||
| 6 | the monthly average yields of 30-year U.S. Treasury | ||||||
| 7 | bonds published by the Board of Governors of the | ||||||
| 8 | Federal Reserve System in its weekly H.15 Statistical | ||||||
| 9 | Release or successor publication; and | ||||||
| 10 | (B) 580 basis points. | ||||||
| 11 | At such time as the Board of Governors of the Federal | ||||||
| 12 | Reserve System ceases to include the monthly average yields | ||||||
| 13 | of 30-year U.S. Treasury bonds in its weekly H.15 | ||||||
| 14 | Statistical Release or successor publication, the monthly | ||||||
| 15 | average yields of the U.S. Treasury bonds then having the | ||||||
| 16 | longest duration published by the Board of Governors in its | ||||||
| 17 | weekly H.15 Statistical Release or successor publication | ||||||
| 18 | shall instead be used for purposes of this paragraph (3). | ||||||
| 19 | (4) Permit and set forth protocols, subject to a | ||||||
| 20 | determination of prudence and reasonableness consistent | ||||||
| 21 | with Commission practice and law, for the following: | ||||||
| 22 | (A) recovery of incentive compensation expense | ||||||
| 23 | that is based on the achievement of operational | ||||||
| 24 | metrics, including metrics related to budget controls, | ||||||
| 25 | outage duration and frequency, safety, customer | ||||||
| 26 | service, efficiency and productivity, and | ||||||
| |||||||
| |||||||
| 1 | environmental compliance. Incentive compensation | ||||||
| 2 | expense that is based on net income or an affiliate's | ||||||
| 3 | earnings per share shall not be recoverable under the | ||||||
| 4 | performance-based formula rate; | ||||||
| 5 | (B) recovery of pension and other post-employment | ||||||
| 6 | benefits expense, provided that such costs are | ||||||
| 7 | supported by an actuarial study; | ||||||
| 8 | (C) recovery of severance costs, provided that if | ||||||
| 9 | the amount is over $3,700,000 for a participating | ||||||
| 10 | utility that is a combination utility or $10,000,000 | ||||||
| 11 | for a participating utility that serves more than 3 | ||||||
| 12 | million retail customers, then the full amount shall be | ||||||
| 13 | amortized consistent with subparagraph (F) of this | ||||||
| 14 | paragraph (4); | ||||||
| 15 | (D) investment return at a rate equal to the | ||||||
| 16 | utility's weighted average cost of long-term debt, on | ||||||
| 17 | the pension assets as, and in the amount, reported in | ||||||
| 18 | Account 186 (or in such other Account or Accounts as | ||||||
| 19 | such asset may subsequently be recorded) of the | ||||||
| 20 | utility's most recently filed FERC Form 1, net of | ||||||
| 21 | deferred tax benefits; | ||||||
| 22 | (E) recovery of the expenses related to the | ||||||
| 23 | Commission proceeding under this subsection (c) to | ||||||
| 24 | approve this performance-based formula rate and | ||||||
| 25 | initial rates or to subsequent proceedings related to | ||||||
| 26 | the formula, provided that the recovery shall be | ||||||
| |||||||
| |||||||
| 1 | amortized over a 3-year period; recovery of expenses | ||||||
| 2 | related to the annual Commission proceedings under | ||||||
| 3 | subsection (d) of this Section to review the inputs to | ||||||
| 4 | the performance-based formula rate shall be expensed | ||||||
| 5 | and recovered through the performance-based formula | ||||||
| 6 | rate; | ||||||
| 7 | (F) amortization over a 5-year period of the full | ||||||
| 8 | amount of each charge or credit that exceeds $3,700,000 | ||||||
| 9 | for a participating utility that is a combination | ||||||
| 10 | utility or $10,000,000 for a participating utility | ||||||
| 11 | that serves more than 3 million retail customers in the | ||||||
| 12 | applicable calendar year and that relates to a | ||||||
| 13 | workforce reduction program's severance costs, changes | ||||||
| 14 | in accounting rules, changes in law, compliance with | ||||||
| 15 | any Commission-initiated audit, or a single storm or | ||||||
| 16 | other similar expense, provided that any unamortized | ||||||
| 17 | balance shall be reflected in rate base. For purposes | ||||||
| 18 | of this subparagraph (F), changes in law includes any | ||||||
| 19 | enactment, repeal, or amendment in a law, ordinance, | ||||||
| 20 | rule, regulation, interpretation, permit, license, | ||||||
| 21 | consent, or order, including those relating to taxes, | ||||||
| 22 | accounting, or to environmental matters, or in the | ||||||
| 23 | interpretation or application thereof by any | ||||||
| 24 | governmental authority occurring after October 26, | ||||||
| 25 | 2011 (the effective date of Public Act 97-616) this | ||||||
| 26 | amendatory Act of the 97th General Assembly; | ||||||
| |||||||
| |||||||
| 1 | (G) recovery of existing regulatory assets over | ||||||
| 2 | the periods previously authorized by the Commission; | ||||||
| 3 | (H) historical weather normalized billing | ||||||
| 4 | determinants; and | ||||||
| 5 | (I) allocation methods for common costs. | ||||||
| 6 | (5) Provide that if the participating utility's earned | ||||||
| 7 | rate of return on common equity related to the provision of | ||||||
| 8 | delivery services for the prior rate year (calculated using | ||||||
| 9 | costs and capital structure approved by the Commission as | ||||||
| 10 | provided in subparagraph (2) of this subsection (c), | ||||||
| 11 | consistent with this Section, in accordance with | ||||||
| 12 | Commission rules and orders, including, but not limited to, | ||||||
| 13 | adjustments for goodwill, and after any Commission-ordered | ||||||
| 14 | disallowances and taxes) is more than 50 basis points | ||||||
| 15 | higher than the rate of return on common equity calculated | ||||||
| 16 | pursuant to paragraph (3) of this subsection (c) (after | ||||||
| 17 | adjusting for any penalties to the rate of return on common | ||||||
| 18 | equity applied pursuant to the performance metrics | ||||||
| 19 | provision of subsection (f) of this Section), then the | ||||||
| 20 | participating utility shall apply a credit through the | ||||||
| 21 | performance-based formula rate that reflects an amount | ||||||
| 22 | equal to the value of that portion of the earned rate of | ||||||
| 23 | return on common equity that is more than 50 basis points | ||||||
| 24 | higher than the rate of return on common equity calculated | ||||||
| 25 | pursuant to paragraph (3) of this subsection (c) (after | ||||||
| 26 | adjusting for any penalties to the rate of return on common | ||||||
| |||||||
| |||||||
| 1 | equity applied pursuant to the performance metrics | ||||||
| 2 | provision of subsection (f) of this Section) for the prior | ||||||
| 3 | rate year, adjusted for taxes. If the participating | ||||||
| 4 | utility's earned rate of return on common equity related to | ||||||
| 5 | the provision of delivery services for the prior rate year | ||||||
| 6 | (calculated using costs and capital structure approved by | ||||||
| 7 | the Commission as provided in subparagraph (2) of this | ||||||
| 8 | subsection (c), consistent with this Section, in | ||||||
| 9 | accordance with Commission rules and orders, including, | ||||||
| 10 | but not limited to, adjustments for goodwill, and after any | ||||||
| 11 | Commission-ordered disallowances and taxes) is more than | ||||||
| 12 | 50 basis points less than the return on common equity | ||||||
| 13 | calculated pursuant to paragraph (3) of this subsection (c) | ||||||
| 14 | (after adjusting for any penalties to the rate of return on | ||||||
| 15 | common equity applied pursuant to the performance metrics | ||||||
| 16 | provision of subsection (f) of this Section), then the | ||||||
| 17 | participating utility shall apply a charge through the | ||||||
| 18 | performance-based formula rate that reflects an amount | ||||||
| 19 | equal to the value of that portion of the earned rate of | ||||||
| 20 | return on common equity that is more than 50 basis points | ||||||
| 21 | less than the rate of return on common equity calculated | ||||||
| 22 | pursuant to paragraph (3) of this subsection (c) (after | ||||||
| 23 | adjusting for any penalties to the rate of return on common | ||||||
| 24 | equity applied pursuant to the performance metrics | ||||||
| 25 | provision of subsection (f) of this Section) for the prior | ||||||
| 26 | rate year, adjusted for taxes. | ||||||
| |||||||
| |||||||
| 1 | (6) Provide for an annual reconciliation, as described | ||||||
| 2 | in subsection (d) of this Section, with interest, of the | ||||||
| 3 | revenue requirement reflected in rates for each calendar | ||||||
| 4 | year, beginning with the calendar year in which the utility | ||||||
| 5 | files its performance-based formula rate tariff pursuant | ||||||
| 6 | to subsection (c) of this Section, with what the revenue | ||||||
| 7 | requirement would have been had the actual cost information | ||||||
| 8 | for the applicable calendar year been available at the | ||||||
| 9 | filing date. | ||||||
| 10 | The utility shall file, together with its tariff, final | ||||||
| 11 | data based on its most recently filed FERC Form 1, plus | ||||||
| 12 | projected plant additions and correspondingly updated | ||||||
| 13 | depreciation reserve and expense for the calendar year in which | ||||||
| 14 | the tariff and data are filed, that shall populate the | ||||||
| 15 | performance-based formula rate and set the initial delivery | ||||||
| 16 | services rates under the formula. For purposes of this Section, | ||||||
| 17 | "FERC Form 1" means the Annual Report of Major Electric | ||||||
| 18 | Utilities, Licensees and Others that electric utilities are | ||||||
| 19 | required to file with the Federal Energy Regulatory Commission | ||||||
| 20 | under the Federal Power Act, Sections 3, 4(a), 304 and 209, | ||||||
| 21 | modified as necessary to be consistent with 83 Ill. Admin. Code | ||||||
| 22 | Part 415 as of May 1, 2011. Nothing in this Section is intended | ||||||
| 23 | to allow costs that are not otherwise recoverable to be | ||||||
| 24 | recoverable by virtue of inclusion in FERC Form 1. | ||||||
| 25 | After the utility files its proposed performance-based | ||||||
| 26 | formula rate structure and protocols and initial rates, the | ||||||
| |||||||
| |||||||
| 1 | Commission shall initiate a docket to review the filing. The | ||||||
| 2 | Commission shall enter an order approving, or approving as | ||||||
| 3 | modified, the performance-based formula rate, including the | ||||||
| 4 | initial rates, as just and reasonable within 270 days after the | ||||||
| 5 | date on which the tariff was filed, or, if the tariff is filed | ||||||
| 6 | within 14 days after October 26, 2011 (the effective date of | ||||||
| 7 | Public Act 97-616) this amendatory Act of the 97th General | ||||||
| 8 | Assembly, then by May 31, 2012. Such review shall be based on | ||||||
| 9 | the same evidentiary standards, including, but not limited to, | ||||||
| 10 | those concerning the prudence and reasonableness of the costs | ||||||
| 11 | incurred by the utility, the Commission applies in a hearing to | ||||||
| 12 | review a filing for a general increase in rates under Article | ||||||
| 13 | IX of this Act. The initial rates shall take effect within 30 | ||||||
| 14 | days after the Commission's order approving the | ||||||
| 15 | performance-based formula rate tariff. | ||||||
| 16 | Until such time as the Commission approves a different rate | ||||||
| 17 | design and cost allocation pursuant to subsection (e) of this | ||||||
| 18 | Section, rate design and cost allocation across customer | ||||||
| 19 | classes shall be consistent with the Commission's most recent | ||||||
| 20 | order regarding the participating utility's request for a | ||||||
| 21 | general increase in its delivery services rates. | ||||||
| 22 | Subsequent changes to the performance-based formula rate | ||||||
| 23 | structure or protocols shall be made as set forth in Section | ||||||
| 24 | 9-201 of this Act, but nothing in this subsection (c) is | ||||||
| 25 | intended to limit the Commission's authority under Article IX | ||||||
| 26 | and other provisions of this Act to initiate an investigation | ||||||
| |||||||
| |||||||
| 1 | of a participating utility's performance-based formula rate | ||||||
| 2 | tariff, provided that any such changes shall be consistent with | ||||||
| 3 | paragraphs (1) through (6) of this subsection (c). Any change | ||||||
| 4 | ordered by the Commission shall be made at the same time new | ||||||
| 5 | rates take effect following the Commission's next order | ||||||
| 6 | pursuant to subsection (d) of this Section, provided that the | ||||||
| 7 | new rates take effect no less than 30 days after the date on | ||||||
| 8 | which the Commission issues an order adopting the change. | ||||||
| 9 | A participating utility that files a tariff pursuant to | ||||||
| 10 | this subsection (c) must submit a one-time $200,000 filing fee | ||||||
| 11 | at the time the Chief Clerk of the Commission accepts the | ||||||
| 12 | filing, which shall be a recoverable expense. | ||||||
| 13 | In the event the performance-based formula rate is | ||||||
| 14 | terminated, the then current rates shall remain in effect until | ||||||
| 15 | such time as new rates are set pursuant to Article IX of this | ||||||
| 16 | Act, subject to retroactive rate adjustment, with interest, to | ||||||
| 17 | reconcile rates charged with actual costs. At such time that | ||||||
| 18 | the performance-based formula rate is terminated, the | ||||||
| 19 | participating utility's voluntary commitments and obligations | ||||||
| 20 | under subsection (b) of this Section shall immediately | ||||||
| 21 | terminate, except for the utility's obligation to pay an amount | ||||||
| 22 | already owed to the fund for training grants pursuant to a | ||||||
| 23 | Commission order issued under subsection (b) of this Section. | ||||||
| 24 | (d) Subsequent to the Commission's issuance of an order | ||||||
| 25 | approving the utility's performance-based formula rate | ||||||
| 26 | structure and protocols, and initial rates under subsection (c) | ||||||
| |||||||
| |||||||
| 1 | of this Section, the utility shall file, on or before May 1 of | ||||||
| 2 | each year, with the Chief Clerk of the Commission its updated | ||||||
| 3 | cost inputs to the performance-based formula rate for the | ||||||
| 4 | applicable rate year and the corresponding new charges. Each | ||||||
| 5 | such filing shall conform to the following requirements and | ||||||
| 6 | include the following information: | ||||||
| 7 | (1) The inputs to the performance-based formula rate | ||||||
| 8 | for the applicable rate year shall be based on final | ||||||
| 9 | historical data reflected in the utility's most recently | ||||||
| 10 | filed annual FERC Form 1 plus projected plant additions and | ||||||
| 11 | correspondingly updated depreciation reserve and expense | ||||||
| 12 | for the calendar year in which the inputs are filed. The | ||||||
| 13 | filing shall also include a reconciliation of the revenue | ||||||
| 14 | requirement that was in effect for the prior rate year (as | ||||||
| 15 | set by the cost inputs for the prior rate year) with the | ||||||
| 16 | actual revenue requirement for the prior rate year | ||||||
| 17 | (determined using a year-end rate base) that uses amounts | ||||||
| 18 | reflected in the applicable FERC Form 1 that reports the | ||||||
| 19 | actual costs for the prior rate year. Any over-collection | ||||||
| 20 | or under-collection indicated by such reconciliation shall | ||||||
| 21 | be reflected as a credit against, or recovered as an | ||||||
| 22 | additional charge to, respectively, with interest | ||||||
| 23 | calculated at a rate equal to the utility's weighted | ||||||
| 24 | average cost of capital approved by the Commission for the | ||||||
| 25 | prior rate year, the charges for the applicable rate year. | ||||||
| 26 | Provided, however, that the first such reconciliation | ||||||
| |||||||
| |||||||
| 1 | shall be for the calendar year in which the utility files | ||||||
| 2 | its performance-based formula rate tariff pursuant to | ||||||
| 3 | subsection (c) of this Section and shall reconcile (i) the | ||||||
| 4 | revenue requirement or requirements established by the | ||||||
| 5 | rate order or orders in effect from time to time during | ||||||
| 6 | such calendar year (weighted, as applicable) with (ii) the | ||||||
| 7 | revenue requirement determined using a year-end rate base | ||||||
| 8 | for that calendar year calculated pursuant to the | ||||||
| 9 | performance-based formula rate using (A) actual costs for | ||||||
| 10 | that year as reflected in the applicable FERC Form 1, and | ||||||
| 11 | (B) for the first such reconciliation only, the cost of | ||||||
| 12 | equity, which shall be calculated as the sum of 590 basis | ||||||
| 13 | points plus the average for the applicable calendar year of | ||||||
| 14 | the monthly average yields of 30-year U.S. Treasury bonds | ||||||
| 15 | published by the Board of Governors of the Federal Reserve | ||||||
| 16 | System in its weekly H.15 Statistical Release or successor | ||||||
| 17 | publication. The first such reconciliation is not intended | ||||||
| 18 | to provide for the recovery of costs previously excluded | ||||||
| 19 | from rates based on a prior Commission order finding of | ||||||
| 20 | imprudence or unreasonableness. Each reconciliation shall | ||||||
| 21 | be certified by the participating utility in the same | ||||||
| 22 | manner that FERC Form 1 is certified. The filing shall also | ||||||
| 23 | include the charge or credit, if any, resulting from the | ||||||
| 24 | calculation required by paragraph (6) of subsection (c) of | ||||||
| 25 | this Section. | ||||||
| 26 | Notwithstanding anything that may be to the contrary, | ||||||
| |||||||
| |||||||
| 1 | the intent of the reconciliation is to ultimately reconcile | ||||||
| 2 | the revenue requirement reflected in rates for each | ||||||
| 3 | calendar year, beginning with the calendar year in which | ||||||
| 4 | the utility files its performance-based formula rate | ||||||
| 5 | tariff pursuant to subsection (c) of this Section, with | ||||||
| 6 | what the revenue requirement determined using a year-end | ||||||
| 7 | rate base for the applicable calendar year would have been | ||||||
| 8 | had the actual cost information for the applicable calendar | ||||||
| 9 | year been available at the filing date. | ||||||
| 10 | (2) The new charges shall take effect beginning on the | ||||||
| 11 | first billing day of the following January billing period | ||||||
| 12 | and remain in effect through the last billing day of the | ||||||
| 13 | next December billing period regardless of whether the | ||||||
| 14 | Commission enters upon a hearing pursuant to this | ||||||
| 15 | subsection (d). | ||||||
| 16 | (3) The filing shall include relevant and necessary | ||||||
| 17 | data and documentation for the applicable rate year that is | ||||||
| 18 | consistent with the Commission's rules applicable to a | ||||||
| 19 | filing for a general increase in rates or any rules adopted | ||||||
| 20 | by the Commission to implement this Section. Normalization | ||||||
| 21 | adjustments shall not be required. Notwithstanding any | ||||||
| 22 | other provision of this Section or Act or any rule or other | ||||||
| 23 | requirement adopted by the Commission, a participating | ||||||
| 24 | utility that is a combination utility with more than one | ||||||
| 25 | rate zone shall not be required to file a separate set of | ||||||
| 26 | such data and documentation for each rate zone and may | ||||||
| |||||||
| |||||||
| 1 | combine such data and documentation into a single set of | ||||||
| 2 | schedules. | ||||||
| 3 | Within 45 days after the utility files its annual update of | ||||||
| 4 | cost inputs to the performance-based formula rate, the | ||||||
| 5 | Commission shall have the authority, either upon complaint or | ||||||
| 6 | its own initiative, but with reasonable notice, to enter upon a | ||||||
| 7 | hearing concerning the prudence and reasonableness of the costs | ||||||
| 8 | incurred by the utility to be recovered during the applicable | ||||||
| 9 | rate year that are reflected in the inputs to the | ||||||
| 10 | performance-based formula rate derived from the utility's FERC | ||||||
| 11 | Form 1. During the course of the hearing, each objection shall | ||||||
| 12 | be stated with particularity and evidence provided in support | ||||||
| 13 | thereof, after which the utility shall have the opportunity to | ||||||
| 14 | rebut the evidence. Discovery shall be allowed consistent with | ||||||
| 15 | the Commission's Rules of Practice, which Rules shall be | ||||||
| 16 | enforced by the Commission or the assigned hearing examiner. | ||||||
| 17 | The Commission shall apply the same evidentiary standards, | ||||||
| 18 | including, but not limited to, those concerning the prudence | ||||||
| 19 | and reasonableness of the costs incurred by the utility, in the | ||||||
| 20 | hearing as it would apply in a hearing to review a filing for a | ||||||
| 21 | general increase in rates under Article IX of this Act. The | ||||||
| 22 | Commission shall not, however, have the authority in a | ||||||
| 23 | proceeding under this subsection (d) to consider or order any | ||||||
| 24 | changes to the structure or protocols of the performance-based | ||||||
| 25 | formula rate approved pursuant to subsection (c) of this | ||||||
| 26 | Section. In a proceeding under this subsection (d), the | ||||||
| |||||||
| |||||||
| 1 | Commission shall enter its order no later than the earlier of | ||||||
| 2 | 240 days after the utility's filing of its annual update of | ||||||
| 3 | cost inputs to the performance-based formula rate or December | ||||||
| 4 | 31. The Commission's determinations of the prudence and | ||||||
| 5 | reasonableness of the costs incurred for the applicable | ||||||
| 6 | calendar year shall be final upon entry of the Commission's | ||||||
| 7 | order and shall not be subject to reopening, reexamination, or | ||||||
| 8 | collateral attack in any other Commission proceeding, case, | ||||||
| 9 | docket, order, rule or regulation, provided, however, that | ||||||
| 10 | nothing in this subsection (d) shall prohibit a party from | ||||||
| 11 | petitioning the Commission to rehear or appeal to the courts | ||||||
| 12 | the order pursuant to the provisions of this Act. | ||||||
| 13 | In the event the Commission does not, either upon complaint | ||||||
| 14 | or its own initiative, enter upon a hearing within 45 days | ||||||
| 15 | after the utility files the annual update of cost inputs to its | ||||||
| 16 | performance-based formula rate, then the costs incurred for the | ||||||
| 17 | applicable calendar year shall be deemed prudent and | ||||||
| 18 | reasonable, and the filed charges shall not be subject to | ||||||
| 19 | reopening, reexamination, or collateral attack in any other | ||||||
| 20 | proceeding, case, docket, order, rule, or regulation. | ||||||
| 21 | A participating utility's first filing of the updated cost | ||||||
| 22 | inputs, and any Commission investigation of such inputs | ||||||
| 23 | pursuant to this subsection (d) shall proceed notwithstanding | ||||||
| 24 | the fact that the Commission's investigation under subsection | ||||||
| 25 | (c) of this Section is still pending and notwithstanding any | ||||||
| 26 | other law, order, rule, or Commission practice to the contrary. | ||||||
| |||||||
| |||||||
| 1 | (e) Nothing in subsections (c) or (d) of this Section shall | ||||||
| 2 | prohibit the Commission from investigating, or a participating | ||||||
| 3 | utility from filing, revenue-neutral tariff changes related to | ||||||
| 4 | rate design of a performance-based formula rate that has been | ||||||
| 5 | placed into effect for the utility. Following approval of a | ||||||
| 6 | participating utility's performance-based formula rate tariff | ||||||
| 7 | pursuant to subsection (c) of this Section, the utility shall | ||||||
| 8 | make a filing with the Commission within one year after the | ||||||
| 9 | effective date of the performance-based formula rate tariff | ||||||
| 10 | that proposes changes to the tariff to incorporate the findings | ||||||
| 11 | of any final rate design orders of the Commission applicable to | ||||||
| 12 | the participating utility and entered subsequent to the | ||||||
| 13 | Commission's approval of the tariff. The Commission shall, | ||||||
| 14 | after notice and hearing, enter its order approving, or | ||||||
| 15 | approving with modification, the proposed changes to the | ||||||
| 16 | performance-based formula rate tariff within 240 days after the | ||||||
| 17 | utility's filing. Following such approval, the utility shall | ||||||
| 18 | make a filing with the Commission during each subsequent 3-year | ||||||
| 19 | period that either proposes revenue-neutral tariff changes or | ||||||
| 20 | re-files the existing tariffs without change, which shall | ||||||
| 21 | present the Commission with an opportunity to suspend the | ||||||
| 22 | tariffs and consider revenue-neutral tariff changes related to | ||||||
| 23 | rate design. | ||||||
| 24 | (f) Within 30 days after the filing of a tariff pursuant to | ||||||
| 25 | subsection (c) of this Section, each participating utility | ||||||
| 26 | shall develop and file with the Commission multi-year metrics | ||||||
| |||||||
| |||||||
| 1 | designed to achieve, ratably (i.e., in equal segments) over a | ||||||
| 2 | 10-year period, improvement over baseline performance values | ||||||
| 3 | as follows: | ||||||
| 4 | (1) Twenty percent improvement in the System Average | ||||||
| 5 | Interruption Frequency Index, using a baseline of the | ||||||
| 6 | average of the data from 2001 through 2010. | ||||||
| 7 | (2) Fifteen percent improvement in the system Customer | ||||||
| 8 | Average Interruption Duration Index, using a baseline of | ||||||
| 9 | the average of the data from 2001 through 2010. | ||||||
| 10 | (3) For a participating utility other than a | ||||||
| 11 | combination utility, 20% improvement in the System Average | ||||||
| 12 | Interruption Frequency Index for its Southern Region, | ||||||
| 13 | using a baseline of the average of the data from 2001 | ||||||
| 14 | through 2010. For purposes of this paragraph (3), Southern | ||||||
| 15 | Region shall have the meaning set forth in the | ||||||
| 16 | participating utility's most recent report filed pursuant | ||||||
| 17 | to Section 16-125 of this Act. | ||||||
| 18 | (3.5) For a participating utility other than a | ||||||
| 19 | combination utility, 20% improvement in the System Average | ||||||
| 20 | Interruption Frequency Index for its Northeastern Region, | ||||||
| 21 | using a baseline of the average of the data from 2001 | ||||||
| 22 | through 2010. For purposes of this paragraph (3.5), | ||||||
| 23 | Northeastern Region shall have the meaning set forth in the | ||||||
| 24 | participating utility's most recent report filed pursuant | ||||||
| 25 | to Section 16-125 of this Act. | ||||||
| 26 | (4) Seventy-five percent improvement in the total | ||||||
| |||||||
| |||||||
| 1 | number of customers who exceed the service reliability | ||||||
| 2 | targets as set forth in subparagraphs (A) through (C) of | ||||||
| 3 | paragraph (4) of subsection (b) of 83 Ill. Admin. Code Part | ||||||
| 4 | 411.140 as of May 1, 2011, using 2010 as the baseline year. | ||||||
| 5 | (5) Reduction in issuance of estimated electric bills: | ||||||
| 6 | 90% improvement for a participating utility other than a | ||||||
| 7 | combination utility, and 56% improvement for a | ||||||
| 8 | participating utility that is a combination utility, using | ||||||
| 9 | a baseline of the average number of estimated bills for the | ||||||
| 10 | years 2008 through 2010. | ||||||
| 11 | (6) Consumption on inactive meters: 90% improvement | ||||||
| 12 | for a participating utility other than a combination | ||||||
| 13 | utility, and 56% improvement for a participating utility | ||||||
| 14 | that is a combination utility, using a baseline of the | ||||||
| 15 | average unbilled kilowatthours for the years 2009 and 2010. | ||||||
| 16 | (7) Unaccounted for energy: 50% improvement for a | ||||||
| 17 | participating utility other than a combination utility | ||||||
| 18 | using a baseline of the non-technical line loss unaccounted | ||||||
| 19 | for energy kilowatthours for the year 2009. | ||||||
| 20 | (8) Uncollectible expense: reduce uncollectible | ||||||
| 21 | expense by at least $30,000,000 for a participating utility | ||||||
| 22 | other than a combination utility and by at least $3,500,000 | ||||||
| 23 | for a participating utility that is a combination utility, | ||||||
| 24 | using a baseline of the average uncollectible expense for | ||||||
| 25 | the years 2008 through 2010. | ||||||
| 26 | (9) Opportunities for minority-owned and female-owned | ||||||
| |||||||
| |||||||
| 1 | business enterprises: design a performance metric | ||||||
| 2 | regarding the creation of opportunities for minority-owned | ||||||
| 3 | and female-owned business enterprises consistent with | ||||||
| 4 | State and federal law using a base performance value of the | ||||||
| 5 | percentage of the participating utility's capital | ||||||
| 6 | expenditures that were paid to minority-owned and | ||||||
| 7 | female-owned business enterprises in 2010. | ||||||
| 8 | The definitions set forth in 83 Ill. Admin. Code Part | ||||||
| 9 | 411.20 as of May 1, 2011 shall be used for purposes of | ||||||
| 10 | calculating performance under paragraphs (1) through (3.5) of | ||||||
| 11 | this subsection (f), provided, however, that the participating | ||||||
| 12 | utility may exclude up to 9 extreme weather event days from | ||||||
| 13 | such calculation for each year, and provided further that the
| ||||||
| 14 | participating utility shall exclude 9 extreme weather event | ||||||
| 15 | days when calculating each year of the baseline period to the | ||||||
| 16 | extent that there are 9 such days in a given year of the | ||||||
| 17 | baseline period. For purposes of this Section, an extreme | ||||||
| 18 | weather event day is a 24-hour calendar day (beginning at 12:00 | ||||||
| 19 | a.m. and ending at 11:59 p.m.) during which any weather event | ||||||
| 20 | (e.g., storm, tornado) caused interruptions for 10,000 or more | ||||||
| 21 | of the participating utility's customers for 3 hours or more. | ||||||
| 22 | If there are more than 9 extreme weather event days in a year, | ||||||
| 23 | then the utility may choose no more than 9 extreme weather | ||||||
| 24 | event days to exclude, provided that the same extreme weather | ||||||
| 25 | event days are excluded from each of the calculations performed | ||||||
| 26 | under paragraphs (1) through (3.5) of this subsection (f). | ||||||
| |||||||
| |||||||
| 1 | The metrics shall include incremental performance goals | ||||||
| 2 | for each year of the 10-year period, which shall be designed to | ||||||
| 3 | demonstrate that the utility is on track to achieve the | ||||||
| 4 | performance goal in each category at the end of the 10-year | ||||||
| 5 | period. The utility shall elect when the 10-year period shall | ||||||
| 6 | commence for the metrics set forth in subparagraphs (1) through | ||||||
| 7 | (4) and (9) of this subsection (f), provided that it begins no | ||||||
| 8 | later than 14 months following the date on which the utility | ||||||
| 9 | begins investing pursuant to subsection (b) of this Section, | ||||||
| 10 | and when the 10-year period shall commence for the metrics set | ||||||
| 11 | forth in subparagraphs (5) through (8) of this subsection (f), | ||||||
| 12 | provided that it begins no later than 14 months following the | ||||||
| 13 | date on which the Commission enters its order approving the | ||||||
| 14 | utility's Advanced Metering Infrastructure Deployment Plan | ||||||
| 15 | pursuant to subsection (c) of Section 16-108.6 of this Act. | ||||||
| 16 | The metrics and performance goals set forth in | ||||||
| 17 | subparagraphs (5) through (8) of this subsection (f) are based | ||||||
| 18 | on the assumptions that the participating utility may fully | ||||||
| 19 | implement the technology described in subsection (b) of this | ||||||
| 20 | Section, including utilizing the full functionality of such | ||||||
| 21 | technology and that there is no requirement for personal | ||||||
| 22 | on-site notification. If the utility is unable to meet the | ||||||
| 23 | metrics and performance goals set forth in subparagraphs (5) | ||||||
| 24 | through (8) of this subsection (f) for such reasons, and the | ||||||
| 25 | Commission so finds after notice and hearing, then the utility | ||||||
| 26 | shall be excused from compliance, but only to the limited | ||||||
| |||||||
| |||||||
| 1 | extent achievement of the affected metrics and performance | ||||||
| 2 | goals was hindered by the less than full implementation. | ||||||
| 3 | (f-5) The financial penalties applicable to the metrics | ||||||
| 4 | described in subparagraphs (1) through (8) of subsection (f) of | ||||||
| 5 | this Section, as applicable, shall be applied through an | ||||||
| 6 | adjustment to the participating utility's return on equity of | ||||||
| 7 | no more than a total of 30 basis points in each of the first 3 | ||||||
| 8 | years, of no more than a total of 34 basis points
in each of the | ||||||
| 9 | 3 years thereafter, and of no more than a total of 38 basis | ||||||
| 10 | points in each
of the 4 years thereafter, as follows: | ||||||
| 11 | (1) With respect to each of the incremental annual | ||||||
| 12 | performance goals established pursuant to paragraph (1) of | ||||||
| 13 | subsection (f) of this Section, | ||||||
| 14 | (A) for each year that a participating utility | ||||||
| 15 | other than a combination utility does not achieve the | ||||||
| 16 | annual goal, the participating utility's return on | ||||||
| 17 | equity shall be reduced as
follows: during years 1 | ||||||
| 18 | through 3, by 5 basis points; during years 4 through 6, | ||||||
| 19 | by 6 basis points; and during years 7 through 10, by 7 | ||||||
| 20 | basis points; and | ||||||
| 21 | (B) for each year that a participating utility that | ||||||
| 22 | is a combination utility does not achieve the annual | ||||||
| 23 | goal, the participating utility's return on equity | ||||||
| 24 | shall be reduced as follows: during years 1 through 3, | ||||||
| 25 | by 10 basis points; during years 4 through 6, by 12
| ||||||
| 26 | basis points; and during years 7 through 10, by 14 | ||||||
| |||||||
| |||||||
| 1 | basis points. | ||||||
| 2 | (2) With respect to each of the incremental annual | ||||||
| 3 | performance goals established pursuant to paragraph (2) of | ||||||
| 4 | subsection (f) of this Section, for each year that the | ||||||
| 5 | participating utility does not achieve each such goal, the | ||||||
| 6 | participating utility's return on equity shall be reduced | ||||||
| 7 | as follows: during years 1 through 3, by 5 basis points; | ||||||
| 8 | during years 4
through 6, by 6 basis points; and during | ||||||
| 9 | years 7 through 10, by 7 basis points. | ||||||
| 10 | (3) With respect to each of the incremental annual | ||||||
| 11 | performance goals established
pursuant to paragraphs (3) | ||||||
| 12 | and (3.5) of subsection (f) of this Section, for each year | ||||||
| 13 | that a participating utility other than a combination | ||||||
| 14 | utility does not achieve both such
goals, the participating | ||||||
| 15 | utility's return on equity shall be reduced as follows: | ||||||
| 16 | during years 1 through 3, by 5 basis points; during years 4 | ||||||
| 17 | through 6, by 6 basis points; and during years 7 through | ||||||
| 18 | 10, by 7 basis points. | ||||||
| 19 | (4) With respect to each of the incremental annual | ||||||
| 20 | performance goals established
pursuant to paragraph (4) of | ||||||
| 21 | subsection (f) of this Section, for each year that the | ||||||
| 22 | participating utility does not achieve each such goal, the | ||||||
| 23 | participating utility's return
on equity shall be reduced | ||||||
| 24 | as follows: during years 1 through 3, by 5 basis points;
| ||||||
| 25 | during years 4 through 6, by 6 basis points; and during | ||||||
| 26 | years 7 through 10, by 7 basis points. | ||||||
| |||||||
| |||||||
| 1 | (5) With respect to each of the incremental annual | ||||||
| 2 | performance goals established pursuant to subparagraph (5) | ||||||
| 3 | of subsection (f) of this Section, for each year that the | ||||||
| 4 | participating utility does not achieve at least 95% of each | ||||||
| 5 | such goal, the participating utility's return on equity | ||||||
| 6 | shall be reduced by 5 basis points for each such unachieved | ||||||
| 7 | goal. | ||||||
| 8 | (6) With respect to each of the incremental annual | ||||||
| 9 | performance goals established pursuant to paragraphs (6), | ||||||
| 10 | (7), and (8) of subsection (f) of this Section, as | ||||||
| 11 | applicable, which together measure non-operational | ||||||
| 12 | customer savings and benefits
relating to the | ||||||
| 13 | implementation of the Advanced Metering Infrastructure | ||||||
| 14 | Deployment
Plan, as defined in Section 16-108.6 of this | ||||||
| 15 | Act, the performance under each such goal shall be | ||||||
| 16 | calculated in terms of the percentage of the goal achieved. | ||||||
| 17 | The percentage of goal achieved for each of the goals shall | ||||||
| 18 | be aggregated, and an average percentage value calculated, | ||||||
| 19 | for each year of the 10-year period. If the utility does | ||||||
| 20 | not achieve an average percentage value in a given year of | ||||||
| 21 | at least 95%, the participating utility's return on equity | ||||||
| 22 | shall be reduced by 5 basis points. | ||||||
| 23 | The financial penalties shall be applied as described in | ||||||
| 24 | this subsection (f-5) for the 12-month period in which the | ||||||
| 25 | deficiency occurred through a separate tariff mechanism, which | ||||||
| 26 | shall be filed by the utility together with its metrics. In the | ||||||
| |||||||
| |||||||
| 1 | event the formula rate tariff established pursuant to | ||||||
| 2 | subsection (c) of this Section terminates, the utility's | ||||||
| 3 | obligations under subsection (f) of this Section and this | ||||||
| 4 | subsection (f-5) shall also terminate, provided, however, that | ||||||
| 5 | the tariff mechanism established pursuant to subsection (f) of | ||||||
| 6 | this Section and this subsection (f-5) shall remain in effect | ||||||
| 7 | until any penalties due and owing at the time of such | ||||||
| 8 | termination are applied. | ||||||
| 9 | The Commission shall, after notice and hearing, enter an | ||||||
| 10 | order within 120 days after the metrics are filed approving, or | ||||||
| 11 | approving with modification, a participating utility's tariff | ||||||
| 12 | or mechanism to satisfy the metrics set forth in subsection (f) | ||||||
| 13 | of this Section. On June 1 of each subsequent year, each | ||||||
| 14 | participating utility shall file a report with the Commission | ||||||
| 15 | that includes, among other things, a description of how the | ||||||
| 16 | participating utility performed under each metric and an | ||||||
| 17 | identification of any extraordinary events that adversely | ||||||
| 18 | impacted the utility's performance. Whenever a participating | ||||||
| 19 | utility does not satisfy the metrics required pursuant to | ||||||
| 20 | subsection (f) of this Section, the Commission shall, after | ||||||
| 21 | notice and hearing, enter an order approving financial | ||||||
| 22 | penalties in accordance with this subsection (f-5). The | ||||||
| 23 | Commission-approved financial penalties shall be applied | ||||||
| 24 | beginning with the next rate year. Nothing in this Section | ||||||
| 25 | shall authorize the Commission to reduce or otherwise obviate | ||||||
| 26 | the imposition of financial penalties for failing to achieve | ||||||
| |||||||
| |||||||
| 1 | one or more of the metrics established pursuant to subparagraph | ||||||
| 2 | (1) through (4) of subsection (f) of this Section. | ||||||
| 3 | (g) On or before July 31, 2014, each participating utility | ||||||
| 4 | shall file a report with the Commission that sets forth the | ||||||
| 5 | average annual increase in the average amount paid per | ||||||
| 6 | kilowatthour for residential eligible retail customers, | ||||||
| 7 | exclusive of the effects of energy efficiency programs, | ||||||
| 8 | comparing the 12-month period ending May 31, 2012; the 12-month | ||||||
| 9 | period ending May 31, 2013; and the 12-month period ending May | ||||||
| 10 | 31, 2014. For a participating utility that is a combination | ||||||
| 11 | utility with more than one rate zone, the weighted average | ||||||
| 12 | aggregate increase shall be provided. The report shall be filed | ||||||
| 13 | together with a statement from an independent auditor attesting | ||||||
| 14 | to the accuracy of the report. The cost of the independent | ||||||
| 15 | auditor shall be borne by the participating utility and shall | ||||||
| 16 | not be a recoverable expense. "The average amount paid per | ||||||
| 17 | kilowatthour" shall be based on the participating utility's | ||||||
| 18 | tariffed rates actually in effect and shall not be calculated | ||||||
| 19 | using any hypothetical rate or adjustments to actual charges | ||||||
| 20 | (other than as specified for energy efficiency) as an input. | ||||||
| 21 | In the event that the average annual increase exceeds 2.5% | ||||||
| 22 | as calculated pursuant to this subsection (g), then Sections | ||||||
| 23 | 16-108.5, 16-108.6, 16-108.7, and 16-108.8 of this Act, other | ||||||
| 24 | than this subsection, shall be inoperative as they relate to | ||||||
| 25 | the utility and its service area as of the date of the report | ||||||
| 26 | due to be submitted pursuant to this subsection and the utility | ||||||
| |||||||
| |||||||
| 1 | shall no longer be eligible to annually update the | ||||||
| 2 | performance-based formula rate tariff pursuant to subsection | ||||||
| 3 | (d) of this Section. In such event, the then current rates | ||||||
| 4 | shall remain in effect until such time as new rates are set | ||||||
| 5 | pursuant to Article IX of this Act, subject to retroactive | ||||||
| 6 | adjustment, with interest, to reconcile rates charged with | ||||||
| 7 | actual costs, and the participating utility's voluntary | ||||||
| 8 | commitments and obligations under subsection (b) of this | ||||||
| 9 | Section shall immediately terminate, except for the utility's | ||||||
| 10 | obligation to pay an amount already owed to the fund for | ||||||
| 11 | training grants pursuant to a Commission order issued under | ||||||
| 12 | subsection (b) of this Section. | ||||||
| 13 | In the event that the average annual increase is 2.5% or | ||||||
| 14 | less as calculated pursuant to this subsection (g), then the | ||||||
| 15 | performance-based formula rate shall remain in effect as set | ||||||
| 16 | forth in this Section. | ||||||
| 17 | For purposes of this Section, the amount per kilowatthour | ||||||
| 18 | means the total amount paid for electric service expressed on a | ||||||
| 19 | per kilowatthour basis, and the total amount paid for electric | ||||||
| 20 | service includes without limitation amounts paid for supply, | ||||||
| 21 | transmission, distribution, surcharges, and add-on taxes | ||||||
| 22 | exclusive of any increases in taxes or new taxes imposed after | ||||||
| 23 | October 26, 2011 (the effective date of Public Act 97-616) this | ||||||
| 24 | amendatory Act of the 97th General Assembly. For purposes of | ||||||
| 25 | this Section, "eligible retail customers" shall have the | ||||||
| 26 | meaning set forth in Section 16-111.5 of this Act. | ||||||
| |||||||
| |||||||
| 1 | The fact that this Section becomes inoperative as set forth | ||||||
| 2 | in this subsection shall not be construed to mean that the | ||||||
| 3 | Commission may reexamine or otherwise reopen prudence or | ||||||
| 4 | reasonableness determinations already made. | ||||||
| 5 | (h) Sections 16-108.5, 16-108.6, 16-108.7, and 16-108.8 of | ||||||
| 6 | this Act, other than this subsection, are inoperative after | ||||||
| 7 | December 31, 2019 for every participating utility, after which | ||||||
| 8 | time a participating utility shall no longer be eligible to | ||||||
| 9 | annually update the performance-based formula rate tariff | ||||||
| 10 | pursuant to subsection (d) of this Section. At such time, the | ||||||
| 11 | then current rates shall remain in effect until such time as | ||||||
| 12 | new rates are set pursuant to Article IX of this Act, subject | ||||||
| 13 | to retroactive adjustment, with interest, to reconcile rates | ||||||
| 14 | charged with actual costs. | ||||||
| 15 | By December 31, 2017, the Commission shall prepare and file | ||||||
| 16 | with the General Assembly a report on the infrastructure | ||||||
| 17 | program and the performance-based formula rate. The report | ||||||
| 18 | shall include the change in the average amount per kilowatthour | ||||||
| 19 | paid by residential customers between June 1, 2011 and May 31, | ||||||
| 20 | 2017. If the change in the total average rate paid exceeds 2.5% | ||||||
| 21 | compounded annually, the Commission shall include in the report | ||||||
| 22 | an analysis that shows the portion of the change due to the | ||||||
| 23 | delivery services component and the portion of the change due | ||||||
| 24 | to the supply component of the rate. The report shall include | ||||||
| 25 | separate sections for each participating utility. | ||||||
| 26 | In the event Sections 16-108.5, 16-108.6, 16-108.7, and | ||||||
| |||||||
| |||||||
| 1 | 16-108.8 of this Act do not become inoperative after December | ||||||
| 2 | 31, 2019, then these Sections are inoperative after December | ||||||
| 3 | 31, 2022 for every participating utility, after which time a | ||||||
| 4 | participating utility shall no longer be eligible to annually | ||||||
| 5 | update the performance-based formula rate tariff pursuant to | ||||||
| 6 | subsection (d) of this Section. At such time, the then current | ||||||
| 7 | rates shall remain in effect until such time as new rates are | ||||||
| 8 | set pursuant to Article IX of this Act, subject to retroactive | ||||||
| 9 | adjustment, with interest, to reconcile rates charged with | ||||||
| 10 | actual costs. | ||||||
| 11 | The fact that this Section becomes inoperative as set forth | ||||||
| 12 | in this subsection shall not be construed to mean that the | ||||||
| 13 | Commission may reexamine or otherwise reopen prudence or | ||||||
| 14 | reasonableness determinations already made. | ||||||
| 15 | (i) While a participating utility may use, develop, and | ||||||
| 16 | maintain broadband systems and the delivery of broadband | ||||||
| 17 | services, voice-over-internet-protocol services, | ||||||
| 18 | telecommunications services, and cable and video programming | ||||||
| 19 | services for use in providing delivery services and Smart Grid | ||||||
| 20 | functionality or application to its retail customers, | ||||||
| 21 | including, but not limited to, the installation, | ||||||
| 22 | implementation and maintenance of Smart Grid electric system | ||||||
| 23 | upgrades as defined in Section 16-108.6 of this Act, a | ||||||
| 24 | participating utility is prohibited from offering to its retail | ||||||
| 25 | customers broadband services or the delivery of broadband | ||||||
| 26 | services, voice-over-internet-protocol services, | ||||||
| |||||||
| |||||||
| 1 | telecommunications services, or cable or video programming | ||||||
| 2 | services, unless they are part of a service directly related to | ||||||
| 3 | delivery services or Smart Grid functionality or applications | ||||||
| 4 | as defined in Section 16-108.6 of this Act, and from recovering | ||||||
| 5 | the costs of such offerings from retail customers. | ||||||
| 6 | (j) Nothing in this Section is intended to legislatively | ||||||
| 7 | overturn the opinion issued in Commonwealth Edison Co. v. Ill. | ||||||
| 8 | Commerce Comm'n, Nos. 2-08-0959, 2-08-1037, 2-08-1137, | ||||||
| 9 | 1-08-3008, 1-08-3030, 1-08-3054, 1-08-3313 cons. (Ill. App. | ||||||
| 10 | Ct. 2d Dist. Sept. 30, 2010). Public Act 97-616 This amendatory | ||||||
| 11 | Act of the 97th General Assembly shall not be construed as | ||||||
| 12 | creating a contract between the General Assembly and the | ||||||
| 13 | participating utility, and shall not establish a property right | ||||||
| 14 | in the participating utility.
| ||||||
| 15 | (k) The changes made in subsections (c) and (d) of this | ||||||
| 16 | Section by Public Act 98-15 this amendatory Act of the 98th | ||||||
| 17 | General Assembly are intended to be a restatement and | ||||||
| 18 | clarification of existing law, and intended to give binding | ||||||
| 19 | effect to the provisions of House Resolution 1157 adopted by | ||||||
| 20 | the House of Representatives of the 97th General Assembly and | ||||||
| 21 | Senate Resolution 821 adopted by the Senate of the 97th General | ||||||
| 22 | Assembly that are reflected in paragraph (3) of this | ||||||
| 23 | subsection. In addition, Public Act 98-15 this amendatory Act | ||||||
| 24 | of the 98th General Assembly preempts and supersedes any final | ||||||
| 25 | Commission orders entered in Docket Nos. 11-0721, 12-0001, | ||||||
| 26 | 12-0293, and 12-0321 to the extent inconsistent with the | ||||||
| |||||||
| |||||||
| 1 | amendatory language added to subsections (c) and (d). | ||||||
| 2 | (1) No earlier than 5 business days after May 22, 2013 | ||||||
| 3 | (the effective date of Public Act 98-15) this amendatory | ||||||
| 4 | Act of the 98th General Assembly, each participating | ||||||
| 5 | utility shall file any tariff changes necessary to | ||||||
| 6 | implement the amendatory language set forth in subsections | ||||||
| 7 | (c) and (d) of this Section by Public Act 98-15 this | ||||||
| 8 | amendatory Act of the 98th General Assembly and a revised | ||||||
| 9 | revenue requirement under the participating utility's | ||||||
| 10 | performance-based formula rate. The Commission shall enter | ||||||
| 11 | a final order approving such tariff changes and revised | ||||||
| 12 | revenue requirement within 21 days after the participating | ||||||
| 13 | utility's filing. | ||||||
| 14 | (2) Notwithstanding anything that may be to the | ||||||
| 15 | contrary, a participating utility may file a tariff to | ||||||
| 16 | retroactively recover its previously unrecovered actual | ||||||
| 17 | costs of delivery service that are no longer subject to | ||||||
| 18 | recovery through a reconciliation adjustment under | ||||||
| 19 | subsection (d) of this Section. This retroactive recovery | ||||||
| 20 | shall include any derivative adjustments resulting from | ||||||
| 21 | the changes to subsections (c) and (d) of this Section by | ||||||
| 22 | Public Act 98-15 this amendatory Act of the 98th General | ||||||
| 23 | Assembly. Such tariff shall allow the utility to assess, on | ||||||
| 24 | current customer bills over a period of 12 monthly billing | ||||||
| 25 | periods, a charge or credit related to those unrecovered | ||||||
| 26 | costs with interest at the utility's weighted average cost | ||||||
| |||||||
| |||||||
| 1 | of capital during the period in which those costs were | ||||||
| 2 | unrecovered. A participating utility may file a tariff that | ||||||
| 3 | implements a retroactive charge or credit as described in | ||||||
| 4 | this paragraph for amounts not otherwise included in the | ||||||
| 5 | tariff filing provided for in paragraph (1) of this | ||||||
| 6 | subsection (k). The Commission shall enter a final order | ||||||
| 7 | approving such tariff within 21 days after the | ||||||
| 8 | participating utility's filing. | ||||||
| 9 | (3) The tariff changes described in paragraphs (1) and | ||||||
| 10 | (2) of this subsection (k) shall relate only to, and be | ||||||
| 11 | consistent with, the following provisions of Public Act | ||||||
| 12 | 98-15 this amendatory Act of the 98th General Assembly: | ||||||
| 13 | paragraph (2) of subsection (c) regarding year-end capital | ||||||
| 14 | structure, subparagraph (D) of paragraph (4) of subsection | ||||||
| 15 | (c) regarding pension assets, and subsection (d) regarding | ||||||
| 16 | the reconciliation components related to year-end rate | ||||||
| 17 | base and interest calculated at a rate equal to the | ||||||
| 18 | utility's weighted average cost of capital. | ||||||
| 19 | (4) Nothing in this subsection is intended to effect a | ||||||
| 20 | dismissal of or otherwise affect an appeal from any final | ||||||
| 21 | Commission orders entered in Docket Nos. 11-0721, 12-0001, | ||||||
| 22 | 12-0293, and 12-0321 other than to the extent of the | ||||||
| 23 | amendatory language contained in subsections (c) and (d) of | ||||||
| 24 | this Section of Public Act 98-15 this amendatory Act of the | ||||||
| 25 | 98th General Assembly. | ||||||
| 26 | (l) Each participating utility shall be deemed to have been | ||||||
| |||||||
| |||||||
| 1 | in full compliance with all requirements of subsection (b) of | ||||||
| 2 | this Section, subsection (c) of this Section, Section 16-108.6 | ||||||
| 3 | of this Act, and all Commission orders entered pursuant to | ||||||
| 4 | Sections 16-108.5 and 16-108.6 of this Act, up to and including | ||||||
| 5 | May 22, 2013 (the effective date of Public Act 98-15) this | ||||||
| 6 | amendatory Act of the 98th General Assembly. The Commission | ||||||
| 7 | shall not undertake any investigation of such compliance and no | ||||||
| 8 | penalty shall be assessed or adverse action taken against a | ||||||
| 9 | participating utility for noncompliance with Commission orders | ||||||
| 10 | associated with subsection (b) of this Section, subsection (c) | ||||||
| 11 | of this Section, and Section 16-108.6 of this Act prior to such | ||||||
| 12 | date. Each participating utility other than a combination | ||||||
| 13 | utility shall be permitted, without penalty, a period of 12 | ||||||
| 14 | months after such effective date to take actions required to | ||||||
| 15 | ensure its infrastructure investment program is in compliance | ||||||
| 16 | with subsection (b) of this Section and with Section 16-108.6 | ||||||
| 17 | of this Act. Provided further: (1) if this amendatory Act of | ||||||
| 18 | the 98th General Assembly takes effect on or before June 15, | ||||||
| 19 | 2013, the following subparagraphs shall apply to a | ||||||
| 20 | participating utility other than a combination utility: | ||||||
| 21 | (A) if the Commission has initiated a proceeding | ||||||
| 22 | pursuant to subsection (e) of Section 16-108.6 of this Act | ||||||
| 23 | that is pending as of May 22, 2013 (the effective date of | ||||||
| 24 | Public Act 98-15) this amendatory Act of the 98th General | ||||||
| 25 | Assembly, then the order entered in such proceeding shall, | ||||||
| 26 | after notice and hearing, accelerate the commencement of | ||||||
| |||||||
| |||||||
| 1 | the meter deployment schedule approved in the final | ||||||
| 2 | Commission order on rehearing entered in Docket No. | ||||||
| 3 | 12-0298; | ||||||
| 4 | (B) if the Commission has entered an order pursuant to | ||||||
| 5 | subsection (e) of Section 16-108.6 of this Act prior to May | ||||||
| 6 | 22, 2013 (the effective date of Public Act 98-15) this | ||||||
| 7 | amendatory Act of the 98th General Assembly that does not | ||||||
| 8 | accelerate the commencement of the meter deployment | ||||||
| 9 | schedule approved in the final Commission order on | ||||||
| 10 | rehearing entered in Docket No. 12-0298, then the utility | ||||||
| 11 | shall file with the Commission, within 45 days after such | ||||||
| 12 | effective date, a plan for accelerating the commencement of | ||||||
| 13 | the utility's meter deployment schedule approved in the | ||||||
| 14 | final Commission order on rehearing entered in Docket No. | ||||||
| 15 | 12-0298; the Commission shall reopen the proceeding in | ||||||
| 16 | which it entered its order pursuant to subsection (e) of | ||||||
| 17 | Section 16-108.6 of this Act and shall, after notice and | ||||||
| 18 | hearing, enter an amendatory order that approves or | ||||||
| 19 | approves as modified such accelerated plan within 90 days | ||||||
| 20 | after the utility's filing; or | ||||||
| 21 | (C) if the Commission has not initiated a proceeding | ||||||
| 22 | pursuant to subsection (e) of Section 16-108.6 of this Act | ||||||
| 23 | prior to May 22, 2013 (the effective date of Public Act | ||||||
| 24 | 98-15) this amendatory Act of the 98th General Assembly, | ||||||
| 25 | then the utility shall file with the Commission, within 45 | ||||||
| 26 | days after such effective date, a plan for accelerating the | ||||||
| |||||||
| |||||||
| 1 | commencement of the utility's meter deployment schedule | ||||||
| 2 | approved in the final Commission order on rehearing entered | ||||||
| 3 | in Docket No. 12-0298 and the Commission shall, after | ||||||
| 4 | notice and hearing, approve or approve as modified such | ||||||
| 5 | plan within 90 days after the utility's filing;. | ||||||
| 6 | (2) if this amendatory Act of the 98th General Assembly | ||||||
| 7 | takes effect after June 15, 2013, then each participating | ||||||
| 8 | utility other than a combination utility shall file with | ||||||
| 9 | the Commission, within 45 days after such effective date, a | ||||||
| 10 | plan for accelerating the commencement of the utility's | ||||||
| 11 | meter deployment schedule approved in the final Commission | ||||||
| 12 | order on rehearing entered in Docket No. 12-0298; the | ||||||
| 13 | Commission shall reopen the most recent proceeding in which | ||||||
| 14 | it entered an order pursuant to subsection (e) of Section | ||||||
| 15 | 16-108.6 of this Act and within 90 days after the utility's | ||||||
| 16 | filing shall, after notice and hearing, enter an amendatory | ||||||
| 17 | order that approves or approves as modified such | ||||||
| 18 | accelerated plan, provided that if there was no such prior | ||||||
| 19 | proceeding the Commission shall open a new proceeding and | ||||||
| 20 | within 90 days after the utility's filing shall, after | ||||||
| 21 | notice and hearing, enter an order that approves or | ||||||
| 22 | approves as modified such accelerated plan. | ||||||
| 23 | Any schedule for meter deployment approved by the | ||||||
| 24 | Commission pursuant to subparagraphs (1) or (2) of this | ||||||
| 25 | subsection (l) shall take into consideration procurement times | ||||||
| 26 | for meters and other equipment and operational issues. Nothing | ||||||
| |||||||
| |||||||
| 1 | in Public Act 98-15 this amendatory Act of the 98th General | ||||||
| 2 | Assembly shall shorten or extend the end dates for the 5-year | ||||||
| 3 | or 10-year periods set forth in subsection (b) of this Section | ||||||
| 4 | or Section 16-108.6 of this Act. Nothing in this subsection is | ||||||
| 5 | intended to address whether a participating utility has, or has | ||||||
| 6 | not, satisfied any or all of the metrics and performance goals | ||||||
| 7 | established pursuant to subsection (f) of this Section. | ||||||
| 8 | (m) The provisions of Public Act 98-15 this amendatory Act | ||||||
| 9 | of the 98th General Assembly are severable under Section 1.31 | ||||||
| 10 | of the Statute on Statutes. | ||||||
| 11 | (Source: P.A. 98-15, eff. 5-22-13; 98-1175, eff. 6-1-15; | ||||||
| 12 | 99-143, eff. 7-27-15; revised 10-21-15.)
| ||||||
| 13 | Section 320. The Illinois Athletic Trainers Practice Act is | ||||||
| 14 | amended by changing Section 18 as follows:
| ||||||
| 15 | (225 ILCS 5/18) (from Ch. 111, par. 7618)
| ||||||
| 16 | (Section scheduled to be repealed on January 1, 2026)
| ||||||
| 17 | Sec. 18. Investigations; notice and hearing. The | ||||||
| 18 | Department may
investigate the actions of any applicant or of | ||||||
| 19 | any person or persons
holding or claiming to hold a
license. | ||||||
| 20 | The Department shall, before
refusing to issue or to renew a
| ||||||
| 21 | license or disciplining a registrant,
at least 30 days prior to | ||||||
| 22 | the date set for the hearing, notify in
writing
the applicant | ||||||
| 23 | or licensee of the nature of the
charges and the time and place | ||||||
| 24 | that a hearing will be held on the charges.
The Department | ||||||
| |||||||
| |||||||
| 1 | shall direct the applicant or licensee to file a written
answer | ||||||
| 2 | under oath within 20 days after the service of the
notice.
In | ||||||
| 3 | case the person fails to file an answer after receiving notice, | ||||||
| 4 | his or
her license or certificate may, in the discretion of the | ||||||
| 5 | Department, be
suspended, revoked, or placed on probationary | ||||||
| 6 | status, or the Department may
take whatever disciplinary action | ||||||
| 7 | deemed proper, including limiting the
scope, nature, or extent | ||||||
| 8 | of the person's practice or the imposition of a
fine, without a | ||||||
| 9 | hearing, if the act or acts charged constitute sufficient
| ||||||
| 10 | grounds for such action under this Act.
At
the time and place | ||||||
| 11 | fixed in the notice, the Department shall proceed to hear the
| ||||||
| 12 | charges, and the parties or their counsel shall be accorded | ||||||
| 13 | ample
opportunity to present such statements, testimony, | ||||||
| 14 | evidence, and argument
as may be pertinent to the charges or to | ||||||
| 15 | their defense. The Department
may continue a hearing from time | ||||||
| 16 | to time. The written notice and any notice in the subsequent | ||||||
| 17 | proceeding may be served by registered or certified mail to the | ||||||
| 18 | licensee's address of record.
| ||||||
| 19 | (Source: P.A. 99-469, eff. 8-26-15; revised 10-9-15.)
| ||||||
| 20 | Section 325. The Child Care Act of 1969 is amended by | ||||||
| 21 | changing Section 2.06 as follows:
| ||||||
| 22 | (225 ILCS 10/2.06) (from Ch. 23, par. 2212.06)
| ||||||
| 23 | Sec. 2.06.
"Child care institution" means a child care | ||||||
| 24 | facility where more than
7 children are received and maintained | ||||||
| |||||||
| |||||||
| 1 | for the purpose of providing them
with care or training or | ||||||
| 2 | both. The term "child care institution"
includes residential | ||||||
| 3 | schools, primarily serving ambulatory children with | ||||||
| 4 | disabilities, and those operating a full calendar year, but | ||||||
| 5 | does not
include:
| ||||||
| 6 | (a) any Any State-operated institution for child care | ||||||
| 7 | established by
legislative action;
| ||||||
| 8 | (b) any Any juvenile detention or shelter care home | ||||||
| 9 | established and operated by any
county or child protection | ||||||
| 10 | district established under the "Child
Protection Act";
| ||||||
| 11 | (c) any Any institution, home, place or facility | ||||||
| 12 | operating under a
license pursuant to the Nursing Home Care | ||||||
| 13 | Act, the Specialized Mental Health Rehabilitation Act of | ||||||
| 14 | 2013, the ID/DD Community Care Act, or the MC/DD Act;
| ||||||
| 15 | (d) any Any bona fide boarding school in which children | ||||||
| 16 | are primarily
taught branches of education corresponding | ||||||
| 17 | to those taught in public
schools, grades one through 12, | ||||||
| 18 | or taught in public elementary schools,
high schools, or | ||||||
| 19 | both elementary and high schools, and which operates on
a | ||||||
| 20 | regular academic school year basis; or
| ||||||
| 21 | (e) any Any facility licensed as a "group home"
as | ||||||
| 22 | defined in this Act.
| ||||||
| 23 | (Source: P.A. 98-104, eff. 7-22-13; 99-143, eff. 7-27-15; | ||||||
| 24 | 99-180, eff. 7-29-15; revised 10-9-15.)
| ||||||
| 25 | Section 330. The Environmental Health Practitioner | ||||||
| |||||||
| |||||||
| 1 | Licensing Act is amended by changing Section 130 as follows:
| ||||||
| 2 | (225 ILCS 37/130)
| ||||||
| 3 | (Section scheduled to be repealed on January 1, 2019)
| ||||||
| 4 | Sec. 130. Illinois Administrative Procedure Act. The | ||||||
| 5 | Illinois Administrative
Procedure Act is
expressly adopted and | ||||||
| 6 | incorporated in this Act as if all of the provisions of
that | ||||||
| 7 | Act were included in this Act, except that the provision of | ||||||
| 8 | paragraph (c)
of Section 10-65 16 of the Illinois | ||||||
| 9 | Administrative Procedure Act, which provides that
at hearings | ||||||
| 10 | the certificate holder has the right to show compliance with | ||||||
| 11 | all
lawful requirements for retention, or continuation, or | ||||||
| 12 | renewal of the
certificate, is specifically excluded. For the | ||||||
| 13 | purpose of this Act, the notice
required under Section 10-25 10 | ||||||
| 14 | of the Illinois Administrative Procedure Act is
deemed
| ||||||
| 15 | sufficient when mailed to the last known address of a party.
| ||||||
| 16 | (Source: P.A. 89-61, eff. 6-30-95; revised 10-9-15.)
| ||||||
| 17 | Section 335. The Patients' Right to Know Act is amended by | ||||||
| 18 | changing Section 5 as follows:
| ||||||
| 19 | (225 ILCS 61/5)
| ||||||
| 20 | Sec. 5. Definitions. For purposes of this Act, the
| ||||||
| 21 | following definitions shall have the following meanings,
| ||||||
| 22 | except where the context requires otherwise: | ||||||
| 23 | "Department" means the Department of Financial and | ||||||
| |||||||
| |||||||
| 1 | Professional Regulation. | ||||||
| 2 | "Disciplinary Board" means the Medical Disciplinary
Board. | ||||||
| 3 | "Physician" means a person licensed under the
Medical | ||||||
| 4 | Practice Act of 1987 to practice medicine in all of its
| ||||||
| 5 | branches or a chiropractic physician licensed to treat human
| ||||||
| 6 | ailments without the use of drugs and without
operative | ||||||
| 7 | surgery. | ||||||
| 8 | "Secretary" means the Secretary of the Department of | ||||||
| 9 | Financial and Professional Regulation.
| ||||||
| 10 | (Source: P.A. 97-280, eff. 8-9-11; revised 10-21-15.)
| ||||||
| 11 | Section 340. The Nurse Practice Act is amended by changing | ||||||
| 12 | Section 50-10 as follows:
| ||||||
| 13 | (225 ILCS 65/50-10)
(was 225 ILCS 65/5-10)
| ||||||
| 14 | (Section scheduled to be repealed on January 1, 2018)
| ||||||
| 15 | Sec. 50-10. Definitions. Each of the following terms, when | ||||||
| 16 | used
in this Act, shall have the meaning ascribed to it in this | ||||||
| 17 | Section, except
where the context clearly indicates otherwise:
| ||||||
| 18 | "Academic year" means the customary annual schedule of | ||||||
| 19 | courses at a
college, university, or approved school, | ||||||
| 20 | customarily regarded as the school
year as distinguished from | ||||||
| 21 | the calendar year.
| ||||||
| 22 | "Advanced practice nurse" or "APN" means a person who has | ||||||
| 23 | met the qualifications for a (i) certified nurse midwife (CNM); | ||||||
| 24 | (ii) certified nurse practitioner (CNP); (iii) certified | ||||||
| |||||||
| |||||||
| 1 | registered nurse anesthetist (CRNA); or (iv) clinical nurse | ||||||
| 2 | specialist (CNS) and has been licensed by the Department. All | ||||||
| 3 | advanced practice nurses licensed and practicing in the State | ||||||
| 4 | of Illinois shall use the title APN and may use specialty | ||||||
| 5 | credentials CNM, CNP, CRNA, or CNS after their name. All | ||||||
| 6 | advanced practice nurses may only practice in accordance with | ||||||
| 7 | national certification and this Act.
| ||||||
| 8 | "Approved program of professional nursing education" and | ||||||
| 9 | "approved
program of practical nursing education" are programs | ||||||
| 10 | of professional or
practical nursing, respectively, approved | ||||||
| 11 | by the Department under the
provisions of this Act.
| ||||||
| 12 | "Board" means the Board of Nursing appointed by the | ||||||
| 13 | Secretary. | ||||||
| 14 | "Collaboration" means a process involving 2 or more health | ||||||
| 15 | care professionals working together, each contributing one's | ||||||
| 16 | respective area of expertise to provide more comprehensive | ||||||
| 17 | patient care. | ||||||
| 18 | "Consultation" means the process whereby an advanced | ||||||
| 19 | practice nurse seeks the advice or opinion of another health | ||||||
| 20 | care professional. | ||||||
| 21 | "Credentialed" means the process of assessing and | ||||||
| 22 | validating the qualifications of a health care professional. | ||||||
| 23 | "Current nursing practice update course" means a planned | ||||||
| 24 | nursing education curriculum approved by the Department | ||||||
| 25 | consisting of activities that have educational objectives, | ||||||
| 26 | instructional methods, content or subject matter, clinical | ||||||
| |||||||
| |||||||
| 1 | practice, and evaluation methods, related to basic review and | ||||||
| 2 | updating content and specifically planned for those nurses | ||||||
| 3 | previously licensed in the United States or its territories and | ||||||
| 4 | preparing for reentry into nursing practice. | ||||||
| 5 | "Dentist" means a person licensed to practice dentistry | ||||||
| 6 | under the Illinois Dental Practice Act. | ||||||
| 7 | "Department" means the Department of Financial and | ||||||
| 8 | Professional Regulation. | ||||||
| 9 | "Hospital affiliate" means a corporation, partnership, | ||||||
| 10 | joint venture, limited liability company, or similar | ||||||
| 11 | organization, other than a hospital, that is devoted primarily | ||||||
| 12 | to the provision, management, or support of health care | ||||||
| 13 | services and that directly or indirectly controls, is | ||||||
| 14 | controlled by, or is under common control of the hospital. For | ||||||
| 15 | the purposes of this definition, "control" means having at | ||||||
| 16 | least an equal or a majority ownership or membership interest. | ||||||
| 17 | A hospital affiliate shall be 100% owned or controlled by any | ||||||
| 18 | combination of hospitals, their parent corporations, or | ||||||
| 19 | physicians licensed to practice medicine in all its branches in | ||||||
| 20 | Illinois. "Hospital affiliate" does not include a health | ||||||
| 21 | maintenance organization regulated under the Health | ||||||
| 22 | Maintenance Organization Act. | ||||||
| 23 | "Impaired nurse" means a nurse licensed under this Act who | ||||||
| 24 | is unable to practice with reasonable skill and safety because | ||||||
| 25 | of a physical or mental disability as evidenced by a written | ||||||
| 26 | determination or written consent based on clinical evidence, | ||||||
| |||||||
| |||||||
| 1 | including loss of motor skills, abuse of drugs or alcohol, or a | ||||||
| 2 | psychiatric disorder, of sufficient degree to diminish his or | ||||||
| 3 | her ability to deliver competent patient care. | ||||||
| 4 | "License-pending advanced practice nurse" means a | ||||||
| 5 | registered professional nurse who has completed all | ||||||
| 6 | requirements for licensure as an advanced practice nurse except | ||||||
| 7 | the certification examination and has applied to take the next | ||||||
| 8 | available certification exam and received a temporary license | ||||||
| 9 | from the Department. | ||||||
| 10 | "License-pending registered nurse" means a person who has | ||||||
| 11 | passed the Department-approved registered nurse licensure exam | ||||||
| 12 | and has applied for a license from the Department. A | ||||||
| 13 | license-pending registered nurse shall use the title "RN lic | ||||||
| 14 | pend" on all documentation related to nursing practice. | ||||||
| 15 | "Physician" means a person licensed to practice medicine in | ||||||
| 16 | all its branches under the Medical Practice Act of 1987. | ||||||
| 17 | "Podiatric physician" means a person licensed to practice | ||||||
| 18 | podiatry under the Podiatric Medical Practice Act of 1987.
| ||||||
| 19 | "Practical nurse" or "licensed practical nurse" means a | ||||||
| 20 | person who is
licensed as a practical nurse under this Act and | ||||||
| 21 | practices practical
nursing as defined in this Act. Only a | ||||||
| 22 | practical nurse
licensed under this Act is entitled to use the | ||||||
| 23 | title "licensed practical
nurse" and the abbreviation | ||||||
| 24 | "L.P.N.".
| ||||||
| 25 | "Practical nursing" means the performance of
nursing acts | ||||||
| 26 | requiring the basic nursing knowledge, judgment, and skill
| ||||||
| |||||||
| |||||||
| 1 | acquired by means of completion of an approved practical | ||||||
| 2 | nursing education
program. Practical nursing includes | ||||||
| 3 | assisting in the nursing process as
delegated by a registered | ||||||
| 4 | professional nurse or an advanced practice nurse. The
practical | ||||||
| 5 | nurse may work under the direction of a licensed physician, | ||||||
| 6 | dentist, podiatric physician, or other health care | ||||||
| 7 | professional determined by the Department.
| ||||||
| 8 | "Privileged" means the authorization granted by the | ||||||
| 9 | governing body of a healthcare facility, agency, or | ||||||
| 10 | organization to provide specific patient care services within | ||||||
| 11 | well-defined limits, based on qualifications reviewed in the | ||||||
| 12 | credentialing process.
| ||||||
| 13 | "Registered Nurse" or "Registered Professional Nurse" | ||||||
| 14 | means a person
who is licensed as a professional nurse under | ||||||
| 15 | this Act and practices
nursing as defined in
this Act. Only a | ||||||
| 16 | registered
nurse licensed under this Act is entitled to use the
| ||||||
| 17 | titles "registered nurse" and "registered professional nurse" | ||||||
| 18 | and the
abbreviation, "R.N.".
| ||||||
| 19 | "Registered professional nursing practice" is a scientific | ||||||
| 20 | process founded on a professional body of knowledge; it is a | ||||||
| 21 | learned profession based on the understanding of the human | ||||||
| 22 | condition across the life span and environment and
includes all
| ||||||
| 23 | nursing
specialties and means the performance of any nursing | ||||||
| 24 | act based upon
professional knowledge, judgment, and skills | ||||||
| 25 | acquired by means of completion
of an approved professional | ||||||
| 26 | nursing education program. A registered
professional nurse | ||||||
| |||||||
| |||||||
| 1 | provides holistic nursing care through the nursing process
to | ||||||
| 2 | individuals, groups, families, or communities, that includes | ||||||
| 3 | but is not
limited to: (1) the assessment of healthcare needs, | ||||||
| 4 | nursing diagnosis,
planning, implementation, and nursing | ||||||
| 5 | evaluation; (2) the promotion,
maintenance, and restoration of | ||||||
| 6 | health; (3) counseling, patient education,
health education, | ||||||
| 7 | and patient advocacy; (4) the administration of medications
and | ||||||
| 8 | treatments as prescribed by a physician licensed to practice | ||||||
| 9 | medicine in
all of its branches, a licensed dentist, a licensed | ||||||
| 10 | podiatric physician, or a licensed
optometrist or as prescribed | ||||||
| 11 | by a physician assistant
or by an advanced practice nurse; (5) | ||||||
| 12 | the
coordination and management of the nursing plan of care; | ||||||
| 13 | (6) the delegation to
and supervision of individuals who assist | ||||||
| 14 | the registered professional nurse
implementing the plan of | ||||||
| 15 | care; and (7) teaching nursing
students. The foregoing shall | ||||||
| 16 | not be deemed to include
those acts of medical diagnosis or | ||||||
| 17 | prescription of therapeutic or
corrective measures.
| ||||||
| 18 | "Professional assistance program for nurses" means a | ||||||
| 19 | professional
assistance program that meets criteria | ||||||
| 20 | established by the Board of Nursing
and approved by the | ||||||
| 21 | Secretary, which provides a non-disciplinary treatment
| ||||||
| 22 | approach for nurses licensed under this Act whose ability to | ||||||
| 23 | practice is
compromised by alcohol or chemical substance | ||||||
| 24 | addiction.
| ||||||
| 25 | "Secretary" means the Secretary of Financial and | ||||||
| 26 | Professional Regulation. | ||||||
| |||||||
| |||||||
| 1 | "Unencumbered license" means a license issued in good | ||||||
| 2 | standing. | ||||||
| 3 | "Written collaborative agreement" means a written | ||||||
| 4 | agreement between an advanced practice nurse and a | ||||||
| 5 | collaborating physician, dentist, or podiatric physician | ||||||
| 6 | pursuant to Section 65-35.
| ||||||
| 7 | (Source: P.A. 98-214, eff. 8-9-13; 99-173, eff. 7-29-15; | ||||||
| 8 | 99-330, eff. 1-1-16; revised 10-20-15.)
| ||||||
| 9 | Section 345. The Pharmacy Practice Act is amended by | ||||||
| 10 | changing Section 19.1 as follows:
| ||||||
| 11 | (225 ILCS 85/19.1) | ||||||
| 12 | (Section scheduled to be repealed on January 1, 2018) | ||||||
| 13 | Sec. 19.1. Dispensing opioid antagonists naloxone | ||||||
| 14 | antidotes. | ||||||
| 15 | (a) Due to the recent rise in opioid-related deaths in
| ||||||
| 16 | Illinois and the existence of an opioid antagonist that can
| ||||||
| 17 | reverse the deadly effects of overdose, the General Assembly
| ||||||
| 18 | finds that in order to avoid further loss where possible, it is
| ||||||
| 19 | responsible to allow greater access of such an antagonist to
| ||||||
| 20 | those populations at risk of overdose. | ||||||
| 21 | (b) Notwithstanding any general or special law to the
| ||||||
| 22 | contrary, a licensed pharmacist may dispense an opioid | ||||||
| 23 | antagonist
in accordance with written, standardized procedures | ||||||
| 24 | or
protocols developed by the Department with the Department of
| ||||||
| |||||||
| |||||||
| 1 | Public Health and the Department of Human Services if the
| ||||||
| 2 | procedures or protocols are filed at the pharmacy before
| ||||||
| 3 | implementation and are available to the Department upon
| ||||||
| 4 | request. | ||||||
| 5 | (c) Before dispensing an opioid antagonist pursuant to this
| ||||||
| 6 | Section, a pharmacist shall complete a training program
| ||||||
| 7 | approved by the Department of Human Services pursuant to
| ||||||
| 8 | Section 5-23 of the Alcoholism and Other Drug Abuse and
| ||||||
| 9 | Dependency Act. The training program shall include, but not be
| ||||||
| 10 | limited to, proper documentation and quality assurance. | ||||||
| 11 | (d) For the purpose of this Section, "opioid antagonist" | ||||||
| 12 | means a drug that binds to opioid receptors and blocks or | ||||||
| 13 | inhibits the effect of opioids acting on those receptors, | ||||||
| 14 | including, but not limited to, naloxone hydrochloride or any | ||||||
| 15 | other similarly acting and equally safe drug approved by the | ||||||
| 16 | U.S. Food and Drug Administration for the treatment of drug | ||||||
| 17 | overdose.
| ||||||
| 18 | (Source: P.A. 99-480, eff. 9-9-15; revised 10-16-15.)
| ||||||
| 19 | Section 350. The Illinois Physical Therapy Act is amended | ||||||
| 20 | by changing Section 1 as follows:
| ||||||
| 21 | (225 ILCS 90/1) (from Ch. 111, par. 4251)
| ||||||
| 22 | (Section scheduled to be repealed on January 1, 2026)
| ||||||
| 23 | Sec. 1. Definitions. As used in this Act:
| ||||||
| 24 | (1) "Physical therapy" means all of the following: | ||||||
| |||||||
| |||||||
| 1 | (A) Examining, evaluating, and testing individuals who | ||||||
| 2 | may have mechanical, physiological, or developmental | ||||||
| 3 | impairments, functional limitations, disabilities, or | ||||||
| 4 | other health and movement-related conditions, classifying | ||||||
| 5 | these disorders, determining a rehabilitation prognosis | ||||||
| 6 | and plan of therapeutic intervention, and assessing the | ||||||
| 7 | on-going effects of the interventions. | ||||||
| 8 | (B) Alleviating impairments, functional limitations, | ||||||
| 9 | or disabilities by designing, implementing, and modifying | ||||||
| 10 | therapeutic interventions that may include, but are not | ||||||
| 11 | limited to, the evaluation or treatment of a person through | ||||||
| 12 | the use of the effective properties of physical measures | ||||||
| 13 | and heat, cold, light, water, radiant energy, electricity, | ||||||
| 14 | sound, and air and use of therapeutic massage, therapeutic | ||||||
| 15 | exercise, mobilization, and rehabilitative procedures, | ||||||
| 16 | with or without assistive devices, for the purposes of | ||||||
| 17 | preventing, correcting, or alleviating a physical or | ||||||
| 18 | mental impairment, functional limitation, or disability. | ||||||
| 19 | (C) Reducing the risk of injury, impairment, | ||||||
| 20 | functional limitation, or disability, including the | ||||||
| 21 | promotion and maintenance of fitness, health, and | ||||||
| 22 | wellness. | ||||||
| 23 | (D) Engaging in administration, consultation, | ||||||
| 24 | education, and research.
| ||||||
| 25 | Physical therapy
includes, but is not limited to: (a) | ||||||
| 26 | performance
of specialized tests and measurements, (b) | ||||||
| |||||||
| |||||||
| 1 | administration of specialized
treatment procedures, (c) | ||||||
| 2 | interpretation of referrals from physicians, dentists, | ||||||
| 3 | advanced practice nurses, physician assistants,
and podiatric | ||||||
| 4 | physicians, (d) establishment, and modification of physical | ||||||
| 5 | therapy
treatment programs, (e) administration of topical | ||||||
| 6 | medication used in generally
accepted physical therapy | ||||||
| 7 | procedures when such medication is either prescribed
by the | ||||||
| 8 | patient's physician, licensed to practice medicine in all its | ||||||
| 9 | branches,
the patient's physician licensed to practice | ||||||
| 10 | podiatric medicine, the patient's advanced practice nurse, the | ||||||
| 11 | patient's physician assistant, or the
patient's dentist or used | ||||||
| 12 | following the physician's orders or written instructions, and | ||||||
| 13 | (f) supervision or teaching of physical therapy.
Physical | ||||||
| 14 | therapy does not include radiology, electrosurgery, | ||||||
| 15 | chiropractic
technique or determination of a differential
| ||||||
| 16 | diagnosis; provided, however,
the limitation on determining a | ||||||
| 17 | differential diagnosis shall not in any
manner limit a physical | ||||||
| 18 | therapist licensed under this Act from performing
an evaluation | ||||||
| 19 | pursuant to such license. Nothing in this Section shall limit
a | ||||||
| 20 | physical therapist from employing appropriate physical therapy | ||||||
| 21 | techniques
that he or she is educated and licensed to perform. | ||||||
| 22 | A physical therapist
shall refer to a licensed physician, | ||||||
| 23 | advanced practice nurse, physician assistant, dentist, | ||||||
| 24 | podiatric physician, other physical therapist, or other health | ||||||
| 25 | care provider any patient
whose medical condition should, at | ||||||
| 26 | the time of evaluation or treatment, be
determined to be beyond | ||||||
| |||||||
| |||||||
| 1 | the scope of practice of the physical therapist.
| ||||||
| 2 | (2) "Physical therapist" means a person who practices | ||||||
| 3 | physical therapy
and who has met all requirements as provided | ||||||
| 4 | in this Act.
| ||||||
| 5 | (3) "Department" means the Department of Professional | ||||||
| 6 | Regulation.
| ||||||
| 7 | (4) "Director" means the Director of Professional | ||||||
| 8 | Regulation.
| ||||||
| 9 | (5) "Board" means the Physical Therapy Licensing and | ||||||
| 10 | Disciplinary Board approved
by the Director.
| ||||||
| 11 | (6) "Referral" means a written or oral authorization for | ||||||
| 12 | physical therapy services for a patient by a physician, | ||||||
| 13 | dentist, advanced practice nurse, physician assistant, or | ||||||
| 14 | podiatric physician who maintains medical supervision of the | ||||||
| 15 | patient and makes a diagnosis or verifies that the patient's | ||||||
| 16 | condition is such that it may be treated by a physical | ||||||
| 17 | therapist.
| ||||||
| 18 | (7) "Documented current and relevant diagnosis" for the | ||||||
| 19 | purpose of
this Act means a diagnosis, substantiated by | ||||||
| 20 | signature or oral verification
of a physician, dentist, | ||||||
| 21 | advanced practice nurse, physician assistant, or podiatric | ||||||
| 22 | physician, that a patient's condition is such
that it may be | ||||||
| 23 | treated by physical therapy as defined in this Act, which
| ||||||
| 24 | diagnosis shall remain in effect until changed by the | ||||||
| 25 | physician, dentist, advanced practice nurse, physician | ||||||
| 26 | assistant,
or podiatric physician.
| ||||||
| |||||||
| |||||||
| 1 | (8) "State" includes:
| ||||||
| 2 | (a) the states of the United States of America;
| ||||||
| 3 | (b) the District of Columbia; and
| ||||||
| 4 | (c) the Commonwealth of Puerto Rico.
| ||||||
| 5 | (9) "Physical therapist assistant" means a person licensed | ||||||
| 6 | to assist a
physical therapist and who has met all requirements | ||||||
| 7 | as provided in this Act
and who works under the supervision of | ||||||
| 8 | a licensed physical therapist to assist
in implementing the | ||||||
| 9 | physical therapy treatment program as established by the
| ||||||
| 10 | licensed physical therapist. The patient care activities | ||||||
| 11 | provided by the
physical therapist assistant shall not include | ||||||
| 12 | the interpretation of referrals,
evaluation procedures, or the | ||||||
| 13 | planning or major modification of patient programs.
| ||||||
| 14 | (10) "Physical therapy aide" means a person who has | ||||||
| 15 | received on
the job training, specific to the facility in which | ||||||
| 16 | he is employed.
| ||||||
| 17 | (11) "Advanced practice nurse" means a person licensed as | ||||||
| 18 | an advanced practice nurse under the Nurse Practice Act. | ||||||
| 19 | (12) "Physician assistant" means a person licensed under | ||||||
| 20 | the Physician Assistant Practice Act of 1987.
| ||||||
| 21 | (Source: P.A. 98-214, eff. 8-9-13; 99-173, eff. 7-29-15; | ||||||
| 22 | 99-229, eff. 8-3-15; revised 10-21-15.)
| ||||||
| 23 | Section 355. The Respiratory Care Practice Act is amended | ||||||
| 24 | by changing Sections 10 and 115 as follows:
| ||||||
| |||||||
| |||||||
| 1 | (225 ILCS 106/10)
| ||||||
| 2 | (Section scheduled to be repealed on January 1, 2026)
| ||||||
| 3 | Sec. 10. Definitions. In this Act:
| ||||||
| 4 | "Address of record" means the designated address recorded | ||||||
| 5 | by the Department in the applicant's or licensee's application | ||||||
| 6 | file or license file as maintained by the Department's | ||||||
| 7 | licensure maintenance unit. It is the duty of the applicant or | ||||||
| 8 | licensee to inform the Department of any change of address and | ||||||
| 9 | those changes must be made either through the Department's | ||||||
| 10 | website or by contacting the Department. | ||||||
| 11 | "Advanced practice nurse" means an advanced practice nurse | ||||||
| 12 | licensed under the Nurse Practice Act.
| ||||||
| 13 | "Board" means the Respiratory Care Board appointed by the | ||||||
| 14 | Secretary. | ||||||
| 15 | "Basic respiratory care activities" means and includes all | ||||||
| 16 | of the following activities: | ||||||
| 17 | (1) Cleaning, disinfecting, and sterilizing equipment | ||||||
| 18 | used in the practice of respiratory care as delegated by a | ||||||
| 19 | licensed health care professional or other authorized | ||||||
| 20 | licensed personnel. | ||||||
| 21 | (2) Assembling equipment used in the practice of | ||||||
| 22 | respiratory care as delegated by a licensed health care | ||||||
| 23 | professional or other authorized licensed personnel. | ||||||
| 24 | (3) Collecting and reviewing patient data through | ||||||
| 25 | non-invasive means, provided that the collection and | ||||||
| 26 | review does not include the individual's interpretation of | ||||||
| |||||||
| |||||||
| 1 | the clinical significance of the data. Collecting and | ||||||
| 2 | reviewing patient data includes the performance of pulse | ||||||
| 3 | oximetry and non-invasive monitoring procedures in order | ||||||
| 4 | to obtain vital signs and notification to licensed health | ||||||
| 5 | care professionals and other authorized licensed personnel | ||||||
| 6 | in a timely manner. | ||||||
| 7 | (4) Maintaining a nasal cannula or face mask for oxygen | ||||||
| 8 | therapy in the proper position on the patient's face. | ||||||
| 9 | (5) Assembling a nasal cannula or face mask for oxygen | ||||||
| 10 | therapy at patient bedside in preparation for use. | ||||||
| 11 | (6) Maintaining a patient's natural airway by | ||||||
| 12 | physically manipulating the jaw and neck, suctioning the | ||||||
| 13 | oral cavity, or suctioning the mouth or nose with a bulb | ||||||
| 14 | syringe. | ||||||
| 15 | (7) Performing assisted ventilation during emergency | ||||||
| 16 | resuscitation using a manual resuscitator. | ||||||
| 17 | (8) Using a manual resuscitator at the direction of a | ||||||
| 18 | licensed health care professional or other authorized | ||||||
| 19 | licensed personnel who is present and performing routine | ||||||
| 20 | airway suctioning. These activities do not include care of | ||||||
| 21 | a patient's artificial airway or the adjustment of | ||||||
| 22 | mechanical ventilator settings while a patient is | ||||||
| 23 | connected to the ventilator.
| ||||||
| 24 | "Basic respiratory care activities" does not mean activities | ||||||
| 25 | that involve any of the following:
| ||||||
| 26 | (1) Specialized knowledge that results from a course of | ||||||
| |||||||
| |||||||
| 1 | education or training in respiratory care. | ||||||
| 2 | (2) An unreasonable risk of a negative outcome for the | ||||||
| 3 | patient. | ||||||
| 4 | (3) The assessment or making of a decision concerning | ||||||
| 5 | patient care. | ||||||
| 6 | (4) The administration of aerosol medication or | ||||||
| 7 | medical gas. | ||||||
| 8 | (5) The insertion and maintenance of an artificial | ||||||
| 9 | airway. | ||||||
| 10 | (6) Mechanical ventilatory support. | ||||||
| 11 | (7) Patient assessment. | ||||||
| 12 | (8) Patient education.
| ||||||
| 13 | (9) The transferring of oxygen devices, for purposes of | ||||||
| 14 | patient transport, with a liter flow greater than 6 liters | ||||||
| 15 | per minute, and the transferring of oxygen devices at any | ||||||
| 16 | liter flow being delivered to patients less than 12 years | ||||||
| 17 | of age. | ||||||
| 18 | "Department" means the Department of Financial and | ||||||
| 19 | Professional Regulation.
| ||||||
| 20 | "Licensed" means that which is required to hold oneself
out | ||||||
| 21 | as
a respiratory care
practitioner as defined in this Act.
| ||||||
| 22 | "Licensed health care professional" means a physician | ||||||
| 23 | licensed to practice medicine in all its branches, a licensed | ||||||
| 24 | advanced practice nurse, or a licensed physician assistant.
| ||||||
| 25 | "Order" means a written, oral, or telecommunicated | ||||||
| 26 | authorization for respiratory care services for a patient by | ||||||
| |||||||
| |||||||
| 1 | (i) a licensed health care professional who maintains medical | ||||||
| 2 | supervision of the patient and makes a diagnosis or verifies | ||||||
| 3 | that the patient's condition is such that it may be treated by | ||||||
| 4 | a respiratory care practitioner or (ii) a certified registered | ||||||
| 5 | nurse anesthetist in a licensed hospital or ambulatory surgical | ||||||
| 6 | treatment center.
| ||||||
| 7 | "Other authorized licensed personnel" means a licensed | ||||||
| 8 | respiratory care practitioner, a licensed registered nurse, or | ||||||
| 9 | a licensed practical nurse whose scope of practice authorizes | ||||||
| 10 | the professional to supervise an individual who is not | ||||||
| 11 | licensed, certified, or registered as a health professional. | ||||||
| 12 | "Proximate supervision" means a situation in which an | ||||||
| 13 | individual is
responsible for directing the actions of another | ||||||
| 14 | individual in the facility and is physically close enough to be | ||||||
| 15 | readily available, if needed, by the supervised individual.
| ||||||
| 16 | "Respiratory care" and "cardiorespiratory care"
mean | ||||||
| 17 | preventative services, evaluation and assessment services, | ||||||
| 18 | therapeutic services, cardiopulmonary disease management, and | ||||||
| 19 | rehabilitative services under the order of a licensed health | ||||||
| 20 | care professional for an individual with a disorder, disease, | ||||||
| 21 | or abnormality of the cardiopulmonary system. These terms | ||||||
| 22 | include, but are not limited to, measuring, observing, | ||||||
| 23 | assessing, and monitoring signs and symptoms, reactions, | ||||||
| 24 | general behavior, and general physical response of individuals | ||||||
| 25 | to respiratory care services, including the determination of | ||||||
| 26 | whether those signs, symptoms, reactions, behaviors, or | ||||||
| |||||||
| |||||||
| 1 | general physical responses exhibit abnormal characteristics; | ||||||
| 2 | the administration of pharmacological and therapeutic agents | ||||||
| 3 | and procedures related to respiratory care services; the | ||||||
| 4 | collection of blood specimens and other bodily fluids and | ||||||
| 5 | tissues for, and the performance of, cardiopulmonary | ||||||
| 6 | diagnostic testing procedures, including, but not limited to, | ||||||
| 7 | blood gas analysis; development, implementation, and | ||||||
| 8 | modification of respiratory care treatment plans based on | ||||||
| 9 | assessed abnormalities of the cardiopulmonary system, | ||||||
| 10 | respiratory care guidelines, referrals, and orders of a | ||||||
| 11 | licensed health care professional; application, operation, and | ||||||
| 12 | management of mechanical ventilatory support and other means of | ||||||
| 13 | life support, including, but not limited to, hemodynamic | ||||||
| 14 | cardiovascular support; and the initiation of emergency | ||||||
| 15 | procedures under the rules promulgated by the Department. A | ||||||
| 16 | respiratory care practitioner shall refer to a physician | ||||||
| 17 | licensed to practice medicine in all its branches any patient | ||||||
| 18 | whose condition, at the time of evaluation or treatment, is | ||||||
| 19 | determined to be beyond the scope of practice of the | ||||||
| 20 | respiratory care practitioner.
| ||||||
| 21 | "Respiratory care education program" means a course of | ||||||
| 22 | academic study leading
to eligibility for registry or | ||||||
| 23 | certification in respiratory care. The training
is to be | ||||||
| 24 | approved by an accrediting agency recognized by the Board and | ||||||
| 25 | shall
include an evaluation of competence through a | ||||||
| 26 | standardized testing mechanism
that is determined by the Board | ||||||
| |||||||
| |||||||
| 1 | to be both valid and reliable.
| ||||||
| 2 | "Respiratory care practitioner" means a person who is | ||||||
| 3 | licensed by the
Department of Professional Regulation and meets | ||||||
| 4 | all of the following
criteria:
| ||||||
| 5 | (1) The person is engaged in the practice of | ||||||
| 6 | cardiorespiratory care and
has the knowledge and skill | ||||||
| 7 | necessary to administer respiratory care.
| ||||||
| 8 | (2) The person is capable of serving as a resource to | ||||||
| 9 | the
licensed
health care professional in
relation to the | ||||||
| 10 | technical aspects of cardiorespiratory care and the safe | ||||||
| 11 | and
effective methods for administering cardiorespiratory | ||||||
| 12 | care modalities.
| ||||||
| 13 | (3) The person is able to function in situations of | ||||||
| 14 | unsupervised patient
contact requiring great individual | ||||||
| 15 | judgment.
| ||||||
| 16 | "Secretary" means the Secretary of Financial and | ||||||
| 17 | Professional Regulation. | ||||||
| 18 | (Source: P.A. 99-173, eff. 7-29-15; 99-230, eff. 8-3-15; | ||||||
| 19 | revised 10-20-15.)
| ||||||
| 20 | (225 ILCS 106/115)
| ||||||
| 21 | (Section scheduled to be repealed on January 1, 2026)
| ||||||
| 22 | Sec. 115. Subpoena; depositions; oaths. The Department has | ||||||
| 23 | the power to subpoena and to bring before it any person,
| ||||||
| 24 | exhibit, book, document, record, file, or any other material
| ||||||
| 25 | and
to take testimony either orally or by deposition, or both, | ||||||
| |||||||
| |||||||
| 1 | with the same fees
and mileage and in the same manner as | ||||||
| 2 | prescribed proscribed in civil cases in the courts
of this | ||||||
| 3 | State.
| ||||||
| 4 | The Secretary, the designated hearing officer, and every | ||||||
| 5 | member of the Board
has the power to administer oaths to | ||||||
| 6 | witnesses at any hearing which the
Department is authorized to | ||||||
| 7 | conduct, and any other oaths authorized in any Act
administered | ||||||
| 8 | by the Department.
| ||||||
| 9 | (Source: P.A. 99-230, eff. 8-3-15; revised 10-21-15.)
| ||||||
| 10 | Section 360. The Perfusionist Practice Act is amended by | ||||||
| 11 | changing Section 125 as follows:
| ||||||
| 12 | (225 ILCS 125/125)
| ||||||
| 13 | (Section scheduled to be repealed on January 1, 2020)
| ||||||
| 14 | Sec. 125. Record of proceedings. The Department, at its
| ||||||
| 15 | expense, shall preserve a record of all proceedings at a
formal | ||||||
| 16 | hearing conducted pursuant to Section 120 of this Act. The
| ||||||
| 17 | notice of hearing, complaint, and all other documents in the
| ||||||
| 18 | nature of pleadings and written motions filed in the
| ||||||
| 19 | proceedings, the transcript of testimony, the report of the
| ||||||
| 20 | Board or hearing officer, and orders of the Department shall be
| ||||||
| 21 | the record of the proceeding. The Department shall supply a
| ||||||
| 22 | transcript of the record to a person interested in the
hearing | ||||||
| 23 | on payment of the fee required under Section 2105-115 of the | ||||||
| 24 | Department of Professional Regulation Law Section 60f of
the | ||||||
| |||||||
| |||||||
| 1 | Civil Administrative Code of Illinois.
| ||||||
| 2 | (Source: P.A. 91-580, eff. 1-1-00; revised 10-16-15.)
| ||||||
| 3 | Section 365. The Barber, Cosmetology, Esthetics, Hair | ||||||
| 4 | Braiding, and Nail
Technology Act of 1985 is amended by | ||||||
| 5 | changing Section 2-4 as follows:
| ||||||
| 6 | (225 ILCS 410/2-4) (from Ch. 111, par. 1702-4)
| ||||||
| 7 | (Section scheduled to be repealed on January 1, 2026)
| ||||||
| 8 | Sec. 2-4. Licensure as a barber
teacher; qualifications. A | ||||||
| 9 | person is qualified to receive a license as a barber teacher if | ||||||
| 10 | that person files an
application on forms provided by the | ||||||
| 11 | Department, pays the required fee, and: | ||||||
| 12 | a. Is at least 18 years of age;
| ||||||
| 13 | b. Has graduated from high school or its equivalent;
| ||||||
| 14 | c. Has a current license as a barber or cosmetologist;
| ||||||
| 15 | d. Has graduated from a barber school or school of | ||||||
| 16 | cosmetology approved by the Department
having:
| ||||||
| 17 | (1) completed a total of 500 hours in barber | ||||||
| 18 | teacher training extending
over a period of not less | ||||||
| 19 | than 3 months nor more than 2 years and has had 3
years | ||||||
| 20 | of practical experience as a licensed barber;
| ||||||
| 21 | (2) completed a total of 1,000 hours of barber | ||||||
| 22 | teacher training extending
over a period of not less | ||||||
| 23 | than 6 months nor more than 2 years; or
| ||||||
| 24 | (3) completed the cosmetology teacher training as | ||||||
| |||||||
| |||||||
| 1 | specified in paragraph (4) of subsection (a) of Section | ||||||
| 2 | 3-4 of this Act and completed a supplemental barbering | ||||||
| 3 | course as established by rule; | ||||||
| 4 | e. Has passed an examination authorized by the | ||||||
| 5 | Department
to determine fitness to receive a license
as a | ||||||
| 6 | barber teacher or a cosmetology teacher; and
| ||||||
| 7 | f. Has met any other requirements set forth in this | ||||||
| 8 | Act.
| ||||||
| 9 | An applicant who is issued a license as a barber teacher is | ||||||
| 10 | not required
to maintain a barber license in order to practice | ||||||
| 11 | barbering as defined in this
Act.
| ||||||
| 12 | (Source: P.A. 98-911, eff. 1-1-15; 99-78, eff. 7-20-15; 99-427, | ||||||
| 13 | eff. 8-21-15; revised 10-19-15.)
| ||||||
| 14 | Section 370. The Collection Agency Act is amended by | ||||||
| 15 | changing Section 2.04 as follows:
| ||||||
| 16 | (225 ILCS 425/2.04) (from Ch. 111, par. 2005.1)
| ||||||
| 17 | (Section scheduled to be repealed on January 1, 2026)
| ||||||
| 18 | Sec. 2.04. Child support debt.
| ||||||
| 19 | (a) Collection agencies engaged in the
business of | ||||||
| 20 | collecting child support debt owing under a court order
as | ||||||
| 21 | provided under the Illinois Public Aid Code, the Illinois | ||||||
| 22 | Marriage and
Dissolution of Marriage Act,
the Non-Support | ||||||
| 23 | Punishment Act, the Illinois Parentage Act of 1984, the | ||||||
| 24 | Illinois Parentage Act of 2015, or
similar laws of other states
| ||||||
| |||||||
| |||||||
| 1 | are not
restricted (i) in the frequency of contact with an | ||||||
| 2 | obligor who is in arrears,
whether by phone, mail, or other | ||||||
| 3 | means, (ii) from contacting the employer of an
obligor who is | ||||||
| 4 | in arrears, (iii) from publishing or threatening to publish a
| ||||||
| 5 | list of obligors in arrears, (iv) from disclosing or | ||||||
| 6 | threatening to disclose an
arrearage that the obligor disputes, | ||||||
| 7 | but for which a verified notice of
delinquency has been served | ||||||
| 8 | under the Income Withholding for Support Act (or
any of its | ||||||
| 9 | predecessors, Section 10-16.2 of the Illinois Public Aid
Code, | ||||||
| 10 | Section 706.1 of the Illinois Marriage and Dissolution of | ||||||
| 11 | Marriage Act,
Section 22 of the Non-Support Punishment Act, | ||||||
| 12 | Section 26.1 of the
Revised Uniform Reciprocal Enforcement of | ||||||
| 13 | Support Act, or Section 20 of the
Illinois Parentage Act of | ||||||
| 14 | 1984), or (v) from engaging in conduct that would
not
cause a | ||||||
| 15 | reasonable person mental or physical illness. For purposes of | ||||||
| 16 | this
subsection, "obligor" means an individual who owes a duty | ||||||
| 17 | to make periodic
payments, under a court order, for the support | ||||||
| 18 | of a child. "Arrearage" means
the total amount of an obligor's | ||||||
| 19 | unpaid child support obligations.
| ||||||
| 20 | (a-5) A collection agency may not impose a fee or charge, | ||||||
| 21 | including costs, for any child support payments collected | ||||||
| 22 | through the efforts of a federal, State, or local government | ||||||
| 23 | agency, including but not limited to child support collected | ||||||
| 24 | from federal or State tax refunds, unemployment benefits, or | ||||||
| 25 | Social Security benefits. | ||||||
| 26 | No collection agency that collects child support payments | ||||||
| |||||||
| |||||||
| 1 | shall (i) impose a charge or fee, including costs, for | ||||||
| 2 | collection of a current child support payment, (ii) fail to | ||||||
| 3 | apply collections to current support as specified in the order | ||||||
| 4 | for support before applying collection to arrears or other | ||||||
| 5 | amounts, or (iii) designate a current child support payment as | ||||||
| 6 | arrears or other amount owed. In all circumstances, the | ||||||
| 7 | collection agency shall turn over to the obligee all support | ||||||
| 8 | collected in a month up to the amount of current support | ||||||
| 9 | required to be paid for that month. | ||||||
| 10 | As to any fees or charges, including costs, retained by the | ||||||
| 11 | collection agency, that agency shall provide documentation to | ||||||
| 12 | the obligee demonstrating that the child support payments | ||||||
| 13 | resulted from the actions of the agency. | ||||||
| 14 | After collection of the total amount or arrearage, | ||||||
| 15 | including statutory interest, due as of the date of execution | ||||||
| 16 | of the collection contract, no further fees may be charged. | ||||||
| 17 | (a-10) The Department shall determine a fee rate of not | ||||||
| 18 | less than 25% but not greater than 35%, based upon presentation | ||||||
| 19 | by the licensees as to costs to provide the service and a fair | ||||||
| 20 | rate of return. This rate shall be established by | ||||||
| 21 | administrative rule.
| ||||||
| 22 | Without prejudice to the determination by the Department of | ||||||
| 23 | the appropriate rate through administrative rule, a collection | ||||||
| 24 | agency shall impose a fee of not more than 29% of the amount of | ||||||
| 25 | child support actually collected by the collection agency | ||||||
| 26 | subject to the provisions of subsection (a-5). This interim | ||||||
| |||||||
| |||||||
| 1 | rate is based upon the March 2002 General Account Office report | ||||||
| 2 | "Child Support Enforcement", GAO-02-349. This rate shall apply | ||||||
| 3 | until a fee rate is established by administrative rule.
| ||||||
| 4 | (b) The Department shall adopt rules necessary to | ||||||
| 5 | administer and enforce
the provisions of this Section.
| ||||||
| 6 | (Source: P.A. 99-85, eff. 1-1-16; 99-227, eff. 8-3-15; revised | ||||||
| 7 | 10-21-15.)
| ||||||
| 8 | Section 375. The Illinois Livestock Dealer Licensing Act is | ||||||
| 9 | amended by changing Section 9 as follows:
| ||||||
| 10 | (225 ILCS 645/9) (from Ch. 111, par. 409)
| ||||||
| 11 | Sec. 9.
The Department may refuse to issue or renew or may | ||||||
| 12 | suspend or
revoke a license on any of the following grounds:
| ||||||
| 13 | a. Material misstatement in the application for | ||||||
| 14 | original license or in
the application for any renewal | ||||||
| 15 | license under this Act;
| ||||||
| 16 | b. Wilful disregard or violation of this Act, or of any | ||||||
| 17 | other Act
relative to the purchase and sale of livestock, | ||||||
| 18 | feeder swine or horses, or
of any regulation or rule issued | ||||||
| 19 | pursuant thereto;
| ||||||
| 20 | c. Wilfully aiding or abetting another in the violation | ||||||
| 21 | of this Act or
of any regulation or rule issued pursuant | ||||||
| 22 | thereto;
| ||||||
| 23 | d. Allowing one's license under this Act to be used by | ||||||
| 24 | an unlicensed
person;
| ||||||
| |||||||
| |||||||
| 1 | e. Conviction of any felony, if the Department | ||||||
| 2 | determines, after
investigation, that such person has not | ||||||
| 3 | been sufficiently rehabilitated to
warrant the public | ||||||
| 4 | trust;
| ||||||
| 5 | f. Conviction of any crime an essential element of | ||||||
| 6 | which is
misstatement, fraud or dishonesty;
| ||||||
| 7 | g. Conviction of a violation of any law in Illinois or | ||||||
| 8 | any Departmental
rule or regulation relating to livestock;
| ||||||
| 9 | h. Making substantial misrepresentations or false | ||||||
| 10 | promises of a
character likely to influence, persuade or | ||||||
| 11 | induce in connection with the
livestock industry;
| ||||||
| 12 | i. Pursuing a continued course of misrepresentation of | ||||||
| 13 | or making false
promises through advertising, salesmen, | ||||||
| 14 | agents or otherwise in connection
with the livestock | ||||||
| 15 | industry;
| ||||||
| 16 | j. Failure to possess the necessary qualifications or | ||||||
| 17 | to meet the
requirements of this Act for the issuance or | ||||||
| 18 | holding a license;
| ||||||
| 19 | k. Failure to pay for livestock after purchase;
| ||||||
| 20 | l. Issuance of checks for payment of livestock when | ||||||
| 21 | funds are insufficient;
| ||||||
| 22 | m. Determination by a Department audit that the | ||||||
| 23 | licensee or applicant
is insolvent;
| ||||||
| 24 | n. Operating without adequate bond coverage or its | ||||||
| 25 | equivalent required
for licensees; .
| ||||||
| 26 | o. Failing to remit the assessment required in Section | ||||||
| |||||||
| |||||||
| 1 | 9 of the Beef
Market Development Act upon written complaint | ||||||
| 2 | of the Checkoff Division of the Illinois Beef Association | ||||||
| 3 | Board of Governors.
| ||||||
| 4 | The Department may refuse to issue or may suspend the | ||||||
| 5 | license
of any person who fails to file a return, or to pay the | ||||||
| 6 | tax, penalty or
interest shown in a filed return, or to pay any | ||||||
| 7 | final assessment of tax,
penalty or interest, as required by | ||||||
| 8 | any tax Act administered by the
Illinois Department of Revenue, | ||||||
| 9 | until such time as the requirements of any
such tax Act are | ||||||
| 10 | satisfied.
| ||||||
| 11 | (Source: P.A. 99-389, eff. 8-18-15; revised 10-20-15.)
| ||||||
| 12 | Section 380. The Raffles and Poker Runs Act is amended by | ||||||
| 13 | changing Section 1 as follows:
| ||||||
| 14 | (230 ILCS 15/1) (from Ch. 85, par. 2301)
| ||||||
| 15 | Sec. 1. Definitions. For the purposes of this Act the terms | ||||||
| 16 | defined
in this Section have the meanings given them.
| ||||||
| 17 | "Net proceeds" means the gross receipts from the conduct of | ||||||
| 18 | raffles, less
reasonable sums expended for prizes, local | ||||||
| 19 | license fees and other reasonable
operating expenses incurred | ||||||
| 20 | as a result of operating a raffle or poker run.
| ||||||
| 21 | "Key location" means the location where the poker run | ||||||
| 22 | concludes and the prize or prizes are awarded. | ||||||
| 23 | "Poker run" means a prize-awarding event organized by an | ||||||
| 24 | organization licensed under this Act in which participants | ||||||
| |||||||
| |||||||
| 1 | travel to multiple predetermined locations, including a key | ||||||
| 2 | location, to play a randomized game based on an element of | ||||||
| 3 | chance. "Poker run" includes dice runs, marble runs, or other | ||||||
| 4 | events where the objective is to build the best hand or highest | ||||||
| 5 | score by obtaining an item or playing a randomized game at each | ||||||
| 6 | location. | ||||||
| 7 | "Raffle" means a form of lottery, as defined in Section | ||||||
| 8 | 28-2(b) of the
Criminal Code of 2012, conducted by an | ||||||
| 9 | organization licensed under this Act, in which:
| ||||||
| 10 | (1) the player pays or agrees to pay something of value | ||||||
| 11 | for a chance,
represented and differentiated by a number or | ||||||
| 12 | by a combination of numbers
or by some other medium, one or | ||||||
| 13 | more of which chances is to be designated
the winning | ||||||
| 14 | chance;
| ||||||
| 15 | (2) the winning chance is to be determined through a | ||||||
| 16 | drawing or by some
other method based on an element of | ||||||
| 17 | chance by an act or set of acts on the
part of persons | ||||||
| 18 | conducting or connected with the lottery, except that the
| ||||||
| 19 | winning chance shall not be determined by the outcome of a | ||||||
| 20 | publicly exhibited
sporting contest.
| ||||||
| 21 | "Raffle" does not include a savings promotion raffle | ||||||
| 22 | authorized under Section 5g of the Illinois Banking Act, | ||||||
| 23 | Section 7008 of the Savings Bank Act, Section 42.7 of the | ||||||
| 24 | Illinois Credit Union Act, Section 5136B of the National Bank | ||||||
| 25 | Act (12 U.S.C. 25a), or Section 4 of the Home Owners' Loan Act | ||||||
| 26 | (12 U.S.C. 1463). | ||||||
| |||||||
| |||||||
| 1 | (Source: P.A. 98-644, eff. 6-10-14; 99-149, eff. 1-1-16; | ||||||
| 2 | 99-405, eff. 8-19-15; revised 10-19-15.)
| ||||||
| 3 | Section 385. The Bingo License and Tax Act is amended by | ||||||
| 4 | changing Section 1.3 as follows:
| ||||||
| 5 | (230 ILCS 25/1.3)
| ||||||
| 6 | Sec. 1.3. Restrictions on licensure. Licensing for the | ||||||
| 7 | conducting of bingo is subject to the following restrictions: | ||||||
| 8 | (1) The license application, when submitted to the | ||||||
| 9 | Department, must contain a sworn statement attesting to the | ||||||
| 10 | not-for-profit character of the prospective licensee | ||||||
| 11 | organization, signed by a person listed on the application | ||||||
| 12 | as an owner, officer, or other person in charge of the | ||||||
| 13 | necessary day-to-day operations of that organization. | ||||||
| 14 | (2) The license application shall be prepared in | ||||||
| 15 | accordance with the rules of the Department. | ||||||
| 16 | (3) The licensee shall prominently display the license | ||||||
| 17 | in the area where the licensee conducts bingo. The licensee | ||||||
| 18 | shall likewise display, in the form and manner as | ||||||
| 19 | prescribed by the Department, the provisions of Section 8 | ||||||
| 20 | of this Act. | ||||||
| 21 | (4) Each license shall state the day of the week, hours | ||||||
| 22 | and at which location the licensee is permitted to conduct | ||||||
| 23 | bingo games. | ||||||
| 24 | (5) A license is not assignable or transferable. | ||||||
| |||||||
| |||||||
| 1 | (6) A license authorizes the licensee to conduct the | ||||||
| 2 | game commonly known as bingo, in which prizes are awarded | ||||||
| 3 | on the basis of designated numbers or symbols on a card | ||||||
| 4 | conforming to numbers or symbols selected at random. | ||||||
| 5 | (7) The Department may, on special application made by | ||||||
| 6 | any organization having a bingo license, issue a special | ||||||
| 7 | permit for conducting bingo on other days not exceeding 5 | ||||||
| 8 | consecutive days, except that a licensee may conduct bingo | ||||||
| 9 | at the Illinois State Fair or any county fair held in | ||||||
| 10 | Illinois during each day that the fair is held, without a | ||||||
| 11 | fee. Bingo games conducted at the Illinois State Fair or a | ||||||
| 12 | county fair shall not require a special permit. No more | ||||||
| 13 | than 2 special permits may be issued in one year to any one | ||||||
| 14 | organization. | ||||||
| 15 | (8) Any organization qualified for a license but not | ||||||
| 16 | holding one may, upon application and payment of a | ||||||
| 17 | nonrefundable fee of $50, receive a limited license to | ||||||
| 18 | conduct bingo games at no more than 2 indoor or outdoor | ||||||
| 19 | festivals in a year for a maximum of 5 consecutive days on | ||||||
| 20 | each occasion. No more than 2 limited licenses under this | ||||||
| 21 | item (7) may be issued to any organization in any year. A | ||||||
| 22 | limited license must be prominently displayed at the site | ||||||
| 23 | where the bingo games are conducted. | ||||||
| 24 | (9) Senior citizens organizations and units of local | ||||||
| 25 | government may conduct bingo without a license or fee, | ||||||
| 26 | subject to the following conditions: | ||||||
| |||||||
| |||||||
| 1 | (A) bingo shall be conducted only (i) at a facility | ||||||
| 2 | that is owned by a unit of local government to which | ||||||
| 3 | the corporate authorities have given their approval | ||||||
| 4 | and that is used to provide social services or a | ||||||
| 5 | meeting place to senior citizens, (ii) in common areas | ||||||
| 6 | in multi-unit federally assisted rental housing | ||||||
| 7 | maintained solely for elderly persons and persons with | ||||||
| 8 | disabilities, or (iii) at a building owned by a church | ||||||
| 9 | or veterans organization; | ||||||
| 10 | (B) the price paid for a single card shall not | ||||||
| 11 | exceed 50 cents; | ||||||
| 12 | (C) the aggregate retail value of all prizes or | ||||||
| 13 | merchandise awarded in any one game of bingo shall not | ||||||
| 14 | exceed $10; | ||||||
| 15 | (D) no person or organization shall participate in | ||||||
| 16 | the management or operation of bingo under this item | ||||||
| 17 | (9) if the person or organization would be ineligible | ||||||
| 18 | for a license under this Section; and | ||||||
| 19 | (E) no license is required to provide premises for | ||||||
| 20 | bingo conducted under this item (9). | ||||||
| 21 | (10) Bingo equipment shall not be used for any purpose | ||||||
| 22 | other than for the play of bingo.
| ||||||
| 23 | (Source: P.A. 99-143, eff. 7-27-15; 99-177, eff. 7-29-15; | ||||||
| 24 | revised 10-19-15.)
| ||||||
| 25 | Section 390. The Liquor Control Act of 1934 is amended by | ||||||
| |||||||
| |||||||
| 1 | setting forth and renumbering multiple versions of Section | ||||||
| 2 | 1-3.40 and by changing Sections 5-1, 6-4, and 6-11 as follows:
| ||||||
| 3 | (235 ILCS 5/1-3.40) | ||||||
| 4 | Sec. 1-3.40. Manufacturer class license holder. | ||||||
| 5 | "Manufacturer class license holder" means any holder of a | ||||||
| 6 | Manufacturer's license as provided in Section 5-1 of this Act. | ||||||
| 7 | The Manufacturer's licenses are: a Class 1. Distiller, a Class | ||||||
| 8 | 2. Rectifier, a Class 3. Brewer, a Class 4. First Class Wine | ||||||
| 9 | Manufacturer, a Class 5. Second Class Wine Manufacturer, a | ||||||
| 10 | Class 6. First Class Winemaker, a Class 7. Second Class | ||||||
| 11 | Winemaker, a Class 8. Limited Wine Manufacturer, a Class 9. | ||||||
| 12 | Craft Distiller, and a Class 10. Craft Brewer and any future | ||||||
| 13 | Manufacturer's licenses established by law.
| ||||||
| 14 | (Source: P.A. 99-282, eff. 8-5-15.)
| ||||||
| 15 | (235 ILCS 5/1-3.42) | ||||||
| 16 | Sec. 1-3.42 1-3.40. Class 2 brewer. "Class 2 brewer" means | ||||||
| 17 | a person who is a holder of a brewer license or non-resident | ||||||
| 18 | dealer license who manufactures up to 3,720,000 gallons of beer | ||||||
| 19 | per year for sale to a licensed importing distributor or | ||||||
| 20 | distributor.
| ||||||
| 21 | (Source: P.A. 99-448, eff. 8-24-15; revised 10-28-15.)
| ||||||
| 22 | (235 ILCS 5/5-1) (from Ch. 43, par. 115) | ||||||
| 23 | Sec. 5-1. Licenses issued by the Illinois Liquor Control | ||||||
| |||||||
| |||||||
| 1 | Commission
shall be of the following classes: | ||||||
| 2 | (a) Manufacturer's license - Class 1.
Distiller, Class 2. | ||||||
| 3 | Rectifier, Class 3. Brewer, Class 4. First Class Wine
| ||||||
| 4 | Manufacturer, Class 5. Second Class Wine Manufacturer,
Class 6. | ||||||
| 5 | First Class Winemaker, Class 7. Second Class Winemaker, Class | ||||||
| 6 | 8.
Limited Wine Manufacturer, Class 9. Craft Distiller, Class | ||||||
| 7 | 10. Class 1 Brewer, Class 11. Class 2 Brewer, | ||||||
| 8 | (b) Distributor's license, | ||||||
| 9 | (c) Importing Distributor's license, | ||||||
| 10 | (d) Retailer's license, | ||||||
| 11 | (e) Special Event Retailer's license (not-for-profit), | ||||||
| 12 | (f) Railroad license, | ||||||
| 13 | (g) Boat license, | ||||||
| 14 | (h) Non-Beverage User's license, | ||||||
| 15 | (i) Wine-maker's premises license, | ||||||
| 16 | (j) Airplane license, | ||||||
| 17 | (k) Foreign importer's license, | ||||||
| 18 | (l) Broker's license, | ||||||
| 19 | (m) Non-resident dealer's
license, | ||||||
| 20 | (n) Brew Pub license, | ||||||
| 21 | (o) Auction liquor license, | ||||||
| 22 | (p) Caterer retailer license, | ||||||
| 23 | (q) Special use permit license, | ||||||
| 24 | (r) Winery shipper's license.
| ||||||
| 25 | No
person, firm, partnership, corporation, or other legal | ||||||
| 26 | business entity that is
engaged in the manufacturing of wine | ||||||
| |||||||
| |||||||
| 1 | may concurrently obtain and hold a
wine-maker's license and a | ||||||
| 2 | wine manufacturer's license. | ||||||
| 3 | (a) A manufacturer's license shall allow the manufacture,
| ||||||
| 4 | importation in bulk, storage, distribution and sale of | ||||||
| 5 | alcoholic liquor
to persons without the State, as may be | ||||||
| 6 | permitted by law and to licensees
in this State as follows: | ||||||
| 7 | Class 1. A Distiller may make sales and deliveries of | ||||||
| 8 | alcoholic liquor to
distillers, rectifiers, importing | ||||||
| 9 | distributors, distributors and
non-beverage users and to no | ||||||
| 10 | other licensees. | ||||||
| 11 | Class 2. A Rectifier, who is not a distiller, as defined | ||||||
| 12 | herein, may make
sales and deliveries of alcoholic liquor to | ||||||
| 13 | rectifiers, importing distributors,
distributors, retailers | ||||||
| 14 | and non-beverage users and to no other licensees. | ||||||
| 15 | Class 3. A Brewer may make sales and deliveries of beer to | ||||||
| 16 | importing
distributors and distributors and may make sales as | ||||||
| 17 | authorized under subsection (e) of Section 6-4 of this Act. | ||||||
| 18 | Class 4. A first class wine-manufacturer may make sales and | ||||||
| 19 | deliveries of
up to 50,000 gallons of wine to manufacturers,
| ||||||
| 20 | importing
distributors and distributors, and to no other | ||||||
| 21 | licensees. | ||||||
| 22 | Class 5. A second class Wine manufacturer may make sales | ||||||
| 23 | and deliveries
of more than 50,000 gallons of wine to | ||||||
| 24 | manufacturers, importing distributors
and distributors and to | ||||||
| 25 | no other licensees. | ||||||
| 26 | Class 6. A first-class wine-maker's license shall allow the | ||||||
| |||||||
| |||||||
| 1 | manufacture
of up to 50,000 gallons of wine per year, and the
| ||||||
| 2 | storage
and sale of such
wine to distributors in the State and | ||||||
| 3 | to persons without the
State, as may be permitted by law. A | ||||||
| 4 | person who, prior to June 1, 2008 (the effective date of Public | ||||||
| 5 | Act 95-634) this amendatory Act of the 95th General Assembly, | ||||||
| 6 | is a holder of a first-class wine-maker's license and annually | ||||||
| 7 | produces more than 25,000 gallons of its own wine and who | ||||||
| 8 | distributes its wine to licensed retailers shall cease this | ||||||
| 9 | practice on or before July 1, 2008 in compliance with Public | ||||||
| 10 | Act 95-634 this amendatory Act of the 95th General Assembly. | ||||||
| 11 | Class 7. A second-class wine-maker's license shall allow | ||||||
| 12 | the manufacture
of between 50,000 and 150,000 gallons of wine | ||||||
| 13 | per year, and
the
storage and sale of such wine
to distributors | ||||||
| 14 | in this State and to persons without the State, as may be
| ||||||
| 15 | permitted by law. A person who, prior to June 1, 2008 (the | ||||||
| 16 | effective date of Public Act 95-634) this amendatory Act of the | ||||||
| 17 | 95th General Assembly, is a holder of a second-class | ||||||
| 18 | wine-maker's license and annually produces more than 25,000 | ||||||
| 19 | gallons of its own wine and who distributes its wine to | ||||||
| 20 | licensed retailers shall cease this practice on or before July | ||||||
| 21 | 1, 2008 in compliance with Public Act 95-634 this amendatory | ||||||
| 22 | Act of the 95th General Assembly. | ||||||
| 23 | Class 8. A limited wine-manufacturer may make sales and | ||||||
| 24 | deliveries not to
exceed 40,000 gallons of wine per year to | ||||||
| 25 | distributors, and to
non-licensees in accordance with the | ||||||
| 26 | provisions of this Act. | ||||||
| |||||||
| |||||||
| 1 | Class 9. A craft distiller license shall allow the | ||||||
| 2 | manufacture of up to 30,000 gallons of spirits by distillation | ||||||
| 3 | for one year after March 1, 2013 (the effective date of Public | ||||||
| 4 | Act 97-1166) this amendatory Act of the 97th General Assembly | ||||||
| 5 | and up to 35,000 gallons of spirits by distillation per year | ||||||
| 6 | thereafter and the storage of such spirits. If a craft | ||||||
| 7 | distiller licensee is not affiliated with any other | ||||||
| 8 | manufacturer, then the craft distiller licensee may sell such | ||||||
| 9 | spirits to distributors in this State and up to 2,500 gallons | ||||||
| 10 | of such spirits to non-licensees to the extent permitted by any | ||||||
| 11 | exemption approved by the Commission pursuant to Section 6-4 of | ||||||
| 12 | this Act. | ||||||
| 13 | Any craft distiller licensed under this Act who on July 28, | ||||||
| 14 | 2010 (the effective date of Public Act 96-1367) this amendatory | ||||||
| 15 | Act of the 96th General Assembly was licensed as a distiller | ||||||
| 16 | and manufactured no more spirits than permitted by this Section | ||||||
| 17 | shall not be required to pay the initial licensing fee. | ||||||
| 18 | Class 10. A class 1 brewer license, which may only be | ||||||
| 19 | issued to a licensed brewer or licensed non-resident dealer, | ||||||
| 20 | shall allow the manufacture of up to 930,000 gallons of beer | ||||||
| 21 | per year provided that the class 1 brewer licensee does not | ||||||
| 22 | manufacture more than a combined 930,000 gallons of beer per | ||||||
| 23 | year and is not a member of or affiliated with, directly or | ||||||
| 24 | indirectly, a manufacturer that produces more than 930,000 | ||||||
| 25 | gallons of beer per year or any other alcoholic liquor. A class | ||||||
| 26 | 1 brewer licensee may make sales and deliveries to importing | ||||||
| |||||||
| |||||||
| 1 | distributors and distributors and to retail licensees in | ||||||
| 2 | accordance with the conditions set forth in paragraph (18) of | ||||||
| 3 | subsection (a) of Section 3-12 of this Act. | ||||||
| 4 | Class 11. A class 2 brewer license, which may only be | ||||||
| 5 | issued to a licensed brewer or licensed non-resident dealer, | ||||||
| 6 | shall allow the manufacture of up to 3,720,000 gallons of beer | ||||||
| 7 | per year provided that the class 2 brewer licensee does not | ||||||
| 8 | manufacture more than a combined 3,720,000 gallons of beer per | ||||||
| 9 | year and is not a member of or affiliated with, directly or | ||||||
| 10 | indirectly, a manufacturer that produces more than 3,720,000 | ||||||
| 11 | gallons of beer per year or any other alcoholic liquor. A class | ||||||
| 12 | 2 brewer licensee may make sales and deliveries to importing | ||||||
| 13 | distributors and distributors, but shall not make sales or | ||||||
| 14 | deliveries to any other licensee. If the State Commission | ||||||
| 15 | provides prior approval, a class 2 brewer licensee may annually | ||||||
| 16 | transfer up to 3,720,000 gallons of beer manufactured by that | ||||||
| 17 | class 2 brewer licensee to the premises of a licensed class 2 | ||||||
| 18 | brewer wholly owned and operated by the same licensee. | ||||||
| 19 | (a-1) A manufacturer which is licensed in this State to | ||||||
| 20 | make sales or
deliveries of alcoholic liquor to licensed | ||||||
| 21 | distributors or importing distributors and which enlists | ||||||
| 22 | agents, representatives, or
individuals acting on its behalf | ||||||
| 23 | who contact licensed retailers on a regular
and continual basis | ||||||
| 24 | in this State must register those agents, representatives,
or | ||||||
| 25 | persons acting on its behalf with the State Commission. | ||||||
| 26 | Registration of agents, representatives, or persons acting | ||||||
| |||||||
| |||||||
| 1 | on behalf of a
manufacturer is fulfilled by submitting a form | ||||||
| 2 | to the Commission. The form
shall be developed by the | ||||||
| 3 | Commission and shall include the name and address of
the | ||||||
| 4 | applicant, the name and address of the manufacturer he or she | ||||||
| 5 | represents,
the territory or areas assigned to sell to or | ||||||
| 6 | discuss pricing terms of
alcoholic liquor, and any other | ||||||
| 7 | questions deemed appropriate and necessary.
All statements in | ||||||
| 8 | the forms required to be made by law or by rule shall be
deemed | ||||||
| 9 | material, and any person who knowingly misstates any material | ||||||
| 10 | fact under
oath in an application is guilty of a Class B | ||||||
| 11 | misdemeanor. Fraud,
misrepresentation, false statements, | ||||||
| 12 | misleading statements, evasions, or
suppression of material | ||||||
| 13 | facts in the securing of a registration are grounds for
| ||||||
| 14 | suspension or revocation of the registration. The State | ||||||
| 15 | Commission shall post a list of registered agents on the | ||||||
| 16 | Commission's website. | ||||||
| 17 | (b) A distributor's license shall allow the wholesale | ||||||
| 18 | purchase and storage
of alcoholic liquors and sale of alcoholic | ||||||
| 19 | liquors to licensees
in this State and to persons without the | ||||||
| 20 | State, as may be permitted by law. | ||||||
| 21 | (c) An importing distributor's license may be issued to and | ||||||
| 22 | held by
those only who are duly licensed distributors, upon the | ||||||
| 23 | filing of an
application by a duly licensed distributor, with | ||||||
| 24 | the Commission and
the Commission shall, without the
payment of | ||||||
| 25 | any fee, immediately issue such importing distributor's
| ||||||
| 26 | license to the applicant, which shall allow the importation of | ||||||
| |||||||
| |||||||
| 1 | alcoholic
liquor by the licensee into this State from any point | ||||||
| 2 | in the United
States outside this State, and the purchase of | ||||||
| 3 | alcoholic liquor in
barrels, casks or other bulk containers and | ||||||
| 4 | the bottling of such
alcoholic liquors before resale thereof, | ||||||
| 5 | but all bottles or containers
so filled shall be sealed, | ||||||
| 6 | labeled, stamped and otherwise made to comply
with all | ||||||
| 7 | provisions, rules and regulations governing manufacturers in
| ||||||
| 8 | the preparation and bottling of alcoholic liquors. The | ||||||
| 9 | importing
distributor's license shall permit such licensee to | ||||||
| 10 | purchase alcoholic
liquor from Illinois licensed non-resident | ||||||
| 11 | dealers and foreign importers only. | ||||||
| 12 | (d) A retailer's license shall allow the licensee to sell | ||||||
| 13 | and offer
for sale at retail, only in the premises specified in | ||||||
| 14 | the license,
alcoholic liquor for use or consumption, but not | ||||||
| 15 | for resale in any form. Nothing in Public Act 95-634 this | ||||||
| 16 | amendatory Act of the 95th General Assembly shall deny, limit, | ||||||
| 17 | remove, or restrict the ability of a holder of a retailer's | ||||||
| 18 | license to transfer, deliver, or ship alcoholic liquor to the | ||||||
| 19 | purchaser for use or consumption subject to any applicable | ||||||
| 20 | local law or ordinance. Any retail license issued to a | ||||||
| 21 | manufacturer shall only
permit the manufacturer to sell beer at | ||||||
| 22 | retail on the premises actually
occupied by the manufacturer. | ||||||
| 23 | For the purpose of further describing the type of business | ||||||
| 24 | conducted at a retail licensed premises, a retailer's licensee | ||||||
| 25 | may be designated by the State Commission as (i) an on premise | ||||||
| 26 | consumption retailer, (ii) an off premise sale retailer, or | ||||||
| |||||||
| |||||||
| 1 | (iii) a combined on premise consumption and off premise sale | ||||||
| 2 | retailer.
| ||||||
| 3 | Notwithstanding any other provision of this subsection | ||||||
| 4 | (d), a retail
licensee may sell alcoholic liquors to a special | ||||||
| 5 | event retailer licensee for
resale to the extent permitted | ||||||
| 6 | under subsection (e). | ||||||
| 7 | (e) A special event retailer's license (not-for-profit) | ||||||
| 8 | shall permit the
licensee to purchase alcoholic liquors from an | ||||||
| 9 | Illinois licensed distributor
(unless the licensee purchases | ||||||
| 10 | less than $500 of alcoholic liquors for the
special event, in | ||||||
| 11 | which case the licensee may purchase the alcoholic liquors
from | ||||||
| 12 | a licensed retailer) and shall allow the licensee to sell and | ||||||
| 13 | offer for
sale, at retail, alcoholic liquors for use or | ||||||
| 14 | consumption, but not for resale
in any form and only at the | ||||||
| 15 | location and on the specific dates designated for
the special | ||||||
| 16 | event in the license. An applicant for a special event retailer
| ||||||
| 17 | license must
(i) furnish with the application: (A) a resale | ||||||
| 18 | number issued under Section
2c of the Retailers' Occupation Tax | ||||||
| 19 | Act or evidence that the applicant is
registered under Section | ||||||
| 20 | 2a of the Retailers' Occupation Tax Act, (B) a
current, valid | ||||||
| 21 | exemption identification
number issued under Section 1g of the | ||||||
| 22 | Retailers' Occupation Tax Act, and a
certification to the | ||||||
| 23 | Commission that the purchase of alcoholic liquors will be
a | ||||||
| 24 | tax-exempt purchase, or (C) a statement that the applicant is | ||||||
| 25 | not registered
under Section 2a of the Retailers' Occupation | ||||||
| 26 | Tax Act, does not hold a resale
number under Section 2c of the | ||||||
| |||||||
| |||||||
| 1 | Retailers' Occupation Tax Act, and does not
hold an exemption | ||||||
| 2 | number under Section 1g of the Retailers' Occupation Tax
Act, | ||||||
| 3 | in which event the Commission shall set forth on the special | ||||||
| 4 | event
retailer's license a statement to that effect; (ii) | ||||||
| 5 | submit with the application proof satisfactory to
the State | ||||||
| 6 | Commission that the applicant will provide dram shop liability
| ||||||
| 7 | insurance in the maximum limits; and (iii) show proof | ||||||
| 8 | satisfactory to the
State Commission that the applicant has | ||||||
| 9 | obtained local authority
approval. | ||||||
| 10 | (f) A railroad license shall permit the licensee to import | ||||||
| 11 | alcoholic
liquors into this State from any point in the United | ||||||
| 12 | States outside this
State and to store such alcoholic liquors | ||||||
| 13 | in this State; to make wholesale
purchases of alcoholic liquors | ||||||
| 14 | directly from manufacturers, foreign
importers, distributors | ||||||
| 15 | and importing distributors from within or outside
this State; | ||||||
| 16 | and to store such alcoholic liquors in this State; provided
| ||||||
| 17 | that the above powers may be exercised only in connection with | ||||||
| 18 | the
importation, purchase or storage of alcoholic liquors to be | ||||||
| 19 | sold or
dispensed on a club, buffet, lounge or dining car | ||||||
| 20 | operated on an electric,
gas or steam railway in this State; | ||||||
| 21 | and provided further, that railroad
licensees exercising the | ||||||
| 22 | above powers shall be subject to all provisions of
Article VIII | ||||||
| 23 | of this Act as applied to importing distributors. A railroad
| ||||||
| 24 | license shall also permit the licensee to sell or dispense | ||||||
| 25 | alcoholic
liquors on any club, buffet, lounge or dining car | ||||||
| 26 | operated on an electric,
gas or steam railway regularly | ||||||
| |||||||
| |||||||
| 1 | operated by a common carrier in this State,
but shall not | ||||||
| 2 | permit the sale for resale of any alcoholic liquors to any
| ||||||
| 3 | licensee within this State. A license shall be obtained for | ||||||
| 4 | each car in which
such sales are made. | ||||||
| 5 | (g) A boat license shall allow the sale of alcoholic liquor | ||||||
| 6 | in
individual drinks, on any passenger boat regularly operated | ||||||
| 7 | as a common
carrier on navigable waters in this State or on any | ||||||
| 8 | riverboat operated
under
the Riverboat Gambling Act, which boat | ||||||
| 9 | or riverboat maintains a public
dining room or restaurant | ||||||
| 10 | thereon. | ||||||
| 11 | (h) A non-beverage user's license shall allow the licensee | ||||||
| 12 | to
purchase alcoholic liquor from a licensed manufacturer or | ||||||
| 13 | importing
distributor, without the imposition of any tax upon | ||||||
| 14 | the business of such
licensed manufacturer or importing | ||||||
| 15 | distributor as to such alcoholic
liquor to be used by such | ||||||
| 16 | licensee solely for the non-beverage purposes
set forth in | ||||||
| 17 | subsection (a) of Section 8-1 of this Act, and
such licenses | ||||||
| 18 | shall be divided and classified and shall permit the
purchase, | ||||||
| 19 | possession and use of limited and stated quantities of
| ||||||
| 20 | alcoholic liquor as follows: | ||||||
| 21 | Class 1, not to exceed ......................... 500 gallons
| ||||||
| 22 | Class 2, not to exceed ....................... 1,000 gallons
| ||||||
| 23 | Class 3, not to exceed ....................... 5,000 gallons
| ||||||
| 24 | Class 4, not to exceed ...................... 10,000 gallons
| ||||||
| 25 | Class 5, not to exceed ....................... 50,000 gallons | ||||||
| 26 | (i) A wine-maker's premises license shall allow a
licensee | ||||||
| |||||||
| |||||||
| 1 | that concurrently holds a first-class wine-maker's license to | ||||||
| 2 | sell
and offer for sale at retail in the premises specified in | ||||||
| 3 | such license
not more than 50,000 gallons of the first-class | ||||||
| 4 | wine-maker's wine that is
made at the first-class wine-maker's | ||||||
| 5 | licensed premises per year for use or
consumption, but not for | ||||||
| 6 | resale in any form. A wine-maker's premises
license shall allow | ||||||
| 7 | a licensee who concurrently holds a second-class
wine-maker's | ||||||
| 8 | license to sell and offer for sale at retail in the premises
| ||||||
| 9 | specified in such license up to 100,000 gallons of the
| ||||||
| 10 | second-class wine-maker's wine that is made at the second-class | ||||||
| 11 | wine-maker's
licensed premises per year
for use or consumption | ||||||
| 12 | but not for resale in any form. A wine-maker's premises license | ||||||
| 13 | shall allow a
licensee that concurrently holds a first-class | ||||||
| 14 | wine-maker's license or a second-class
wine-maker's license to | ||||||
| 15 | sell
and offer for sale at retail at the premises specified in | ||||||
| 16 | the wine-maker's premises license, for use or consumption but | ||||||
| 17 | not for resale in any form, any beer, wine, and spirits | ||||||
| 18 | purchased from a licensed distributor. Upon approval from the
| ||||||
| 19 | State Commission, a wine-maker's premises license
shall allow | ||||||
| 20 | the licensee to sell and offer for sale at (i) the wine-maker's
| ||||||
| 21 | licensed premises and (ii) at up to 2 additional locations for | ||||||
| 22 | use and
consumption and not for resale. Each location shall | ||||||
| 23 | require additional
licensing per location as specified in | ||||||
| 24 | Section 5-3 of this Act. A wine-maker's premises licensee shall
| ||||||
| 25 | secure liquor liability insurance coverage in an amount at
| ||||||
| 26 | least equal to the maximum liability amounts set forth in
| ||||||
| |||||||
| |||||||
| 1 | subsection (a) of Section 6-21 of this Act.
| ||||||
| 2 | (j) An airplane license shall permit the licensee to import
| ||||||
| 3 | alcoholic liquors into this State from any point in the United | ||||||
| 4 | States
outside this State and to store such alcoholic liquors | ||||||
| 5 | in this State; to
make wholesale purchases of alcoholic liquors | ||||||
| 6 | directly from
manufacturers, foreign importers, distributors | ||||||
| 7 | and importing
distributors from within or outside this State; | ||||||
| 8 | and to store such
alcoholic liquors in this State; provided | ||||||
| 9 | that the above powers may be
exercised only in connection with | ||||||
| 10 | the importation, purchase or storage
of alcoholic liquors to be | ||||||
| 11 | sold or dispensed on an airplane; and
provided further, that | ||||||
| 12 | airplane licensees exercising the above powers
shall be subject | ||||||
| 13 | to all provisions of Article VIII of this Act as
applied to | ||||||
| 14 | importing distributors. An airplane licensee shall also
permit | ||||||
| 15 | the sale or dispensing of alcoholic liquors on any passenger
| ||||||
| 16 | airplane regularly operated by a common carrier in this State, | ||||||
| 17 | but shall
not permit the sale for resale of any alcoholic | ||||||
| 18 | liquors to any licensee
within this State. A single airplane | ||||||
| 19 | license shall be required of an
airline company if liquor | ||||||
| 20 | service is provided on board aircraft in this
State. The annual | ||||||
| 21 | fee for such license shall be as determined in
Section 5-3. | ||||||
| 22 | (k) A foreign importer's license shall permit such licensee | ||||||
| 23 | to purchase
alcoholic liquor from Illinois licensed | ||||||
| 24 | non-resident dealers only, and to
import alcoholic liquor other | ||||||
| 25 | than in bulk from any point outside the
United States and to | ||||||
| 26 | sell such alcoholic liquor to Illinois licensed
importing | ||||||
| |||||||
| |||||||
| 1 | distributors and to no one else in Illinois;
provided that (i) | ||||||
| 2 | the foreign importer registers with the State Commission
every
| ||||||
| 3 | brand of
alcoholic liquor that it proposes to sell to Illinois | ||||||
| 4 | licensees during the
license period, (ii) the foreign importer | ||||||
| 5 | complies with all of the provisions
of Section
6-9 of this Act | ||||||
| 6 | with respect to registration of such Illinois licensees as may
| ||||||
| 7 | be granted the
right to sell such brands at wholesale, and | ||||||
| 8 | (iii) the foreign importer complies with the provisions of | ||||||
| 9 | Sections 6-5 and 6-6 of this Act to the same extent that these | ||||||
| 10 | provisions apply to manufacturers. | ||||||
| 11 | (l) (i) A broker's license shall be required of all persons
| ||||||
| 12 | who solicit
orders for, offer to sell or offer to supply | ||||||
| 13 | alcoholic liquor to
retailers in the State of Illinois, or who | ||||||
| 14 | offer to retailers to ship or
cause to be shipped or to make | ||||||
| 15 | contact with distillers, rectifiers,
brewers or manufacturers | ||||||
| 16 | or any other party within or without the State
of Illinois in | ||||||
| 17 | order that alcoholic liquors be shipped to a distributor,
| ||||||
| 18 | importing distributor or foreign importer, whether such | ||||||
| 19 | solicitation or
offer is consummated within or without the | ||||||
| 20 | State of Illinois. | ||||||
| 21 | No holder of a retailer's license issued by the Illinois | ||||||
| 22 | Liquor
Control Commission shall purchase or receive any | ||||||
| 23 | alcoholic liquor, the
order for which was solicited or offered | ||||||
| 24 | for sale to such retailer by a
broker unless the broker is the | ||||||
| 25 | holder of a valid broker's license. | ||||||
| 26 | The broker shall, upon the acceptance by a retailer of the | ||||||
| |||||||
| |||||||
| 1 | broker's
solicitation of an order or offer to sell or supply or | ||||||
| 2 | deliver or have
delivered alcoholic liquors, promptly forward | ||||||
| 3 | to the Illinois Liquor
Control Commission a notification of | ||||||
| 4 | said transaction in such form as
the Commission may by | ||||||
| 5 | regulations prescribe. | ||||||
| 6 | (ii) A broker's license shall be required of
a person | ||||||
| 7 | within this State, other than a retail licensee,
who, for a fee | ||||||
| 8 | or commission, promotes, solicits, or accepts orders for
| ||||||
| 9 | alcoholic liquor, for use or consumption and not for
resale, to | ||||||
| 10 | be shipped from this State and delivered to residents outside | ||||||
| 11 | of
this State by an express company, common carrier, or | ||||||
| 12 | contract carrier.
This Section does not apply to any person who | ||||||
| 13 | promotes, solicits, or accepts
orders for wine as specifically | ||||||
| 14 | authorized in Section 6-29 of this Act. | ||||||
| 15 | A broker's license under this subsection (l)
shall not | ||||||
| 16 | entitle the holder to
buy or sell any
alcoholic liquors for his | ||||||
| 17 | own account or to take or deliver title to
such alcoholic | ||||||
| 18 | liquors. | ||||||
| 19 | This subsection (l)
shall not apply to distributors, | ||||||
| 20 | employees of
distributors, or employees of a manufacturer who | ||||||
| 21 | has registered the
trademark, brand or name of the alcoholic | ||||||
| 22 | liquor pursuant to Section 6-9
of this Act, and who regularly | ||||||
| 23 | sells such alcoholic liquor
in the State of Illinois only to | ||||||
| 24 | its registrants thereunder. | ||||||
| 25 | Any agent, representative, or person subject to | ||||||
| 26 | registration pursuant to
subsection (a-1) of this Section shall | ||||||
| |||||||
| |||||||
| 1 | not be eligible to receive a broker's
license. | ||||||
| 2 | (m) A non-resident dealer's license shall permit such | ||||||
| 3 | licensee to ship
into and warehouse alcoholic liquor into this | ||||||
| 4 | State from any point
outside of this State, and to sell such | ||||||
| 5 | alcoholic liquor to Illinois licensed
foreign importers and | ||||||
| 6 | importing distributors and to no one else in this State;
| ||||||
| 7 | provided that (i) said non-resident dealer shall register with | ||||||
| 8 | the Illinois Liquor
Control Commission each and every brand of | ||||||
| 9 | alcoholic liquor which it proposes
to sell to Illinois | ||||||
| 10 | licensees during the license period, (ii) it shall comply with | ||||||
| 11 | all of the provisions of Section 6-9 hereof with
respect to | ||||||
| 12 | registration of such Illinois licensees as may be granted the | ||||||
| 13 | right
to sell such brands at wholesale, and (iii) the | ||||||
| 14 | non-resident dealer shall comply with the provisions of | ||||||
| 15 | Sections 6-5 and 6-6 of this Act to the same extent that these | ||||||
| 16 | provisions apply to manufacturers. | ||||||
| 17 | (n) A brew pub license shall allow the licensee to only (i) | ||||||
| 18 | manufacture up to 155,000 gallons of beer per year only
on the | ||||||
| 19 | premises specified in the license, (ii) make sales of the
beer | ||||||
| 20 | manufactured on the premises or, with the approval of the | ||||||
| 21 | Commission, beer manufactured on another brew pub licensed | ||||||
| 22 | premises that is wholly owned and operated by the same licensee | ||||||
| 23 | to importing distributors, distributors,
and to non-licensees | ||||||
| 24 | for use and consumption, (iii) store the beer upon
the | ||||||
| 25 | premises, (iv) sell and offer for sale at retail from the | ||||||
| 26 | licensed
premises for off-premises
consumption no more than | ||||||
| |||||||
| |||||||
| 1 | 155,000 gallons per year so long as such sales are only made | ||||||
| 2 | in-person, (v) sell and offer for sale at retail for use and | ||||||
| 3 | consumption on the premises specified in the license any form | ||||||
| 4 | of alcoholic liquor purchased from a licensed distributor or | ||||||
| 5 | importing distributor, and (vi) with the prior approval of the | ||||||
| 6 | Commission, annually transfer no more than 155,000 gallons of | ||||||
| 7 | beer manufactured on the premises to a licensed brew pub wholly | ||||||
| 8 | owned and operated by the same licensee. | ||||||
| 9 | A brew pub licensee shall not under any circumstance sell | ||||||
| 10 | or offer for sale beer manufactured by the brew pub licensee to | ||||||
| 11 | retail licensees. | ||||||
| 12 | A person who holds a class 2 brewer license may | ||||||
| 13 | simultaneously hold a brew pub license if the class 2 brewer | ||||||
| 14 | (i) does not, under any circumstance, sell or offer for sale | ||||||
| 15 | beer manufactured by the class 2 brewer to retail licensees; | ||||||
| 16 | (ii) does not hold more than 3 brew pub licenses in this State; | ||||||
| 17 | (iii) does not manufacture more than a combined 3,720,000 | ||||||
| 18 | gallons of beer per year, including the beer manufactured at | ||||||
| 19 | the brew pub; and (iv) is not a member of or affiliated with, | ||||||
| 20 | directly or indirectly, a manufacturer that produces more than | ||||||
| 21 | 3,720,000 gallons of beer per year or any other alcoholic | ||||||
| 22 | liquor. | ||||||
| 23 | Notwithstanding any other provision of this Act, a licensed | ||||||
| 24 | brewer, class 2 brewer, or non-resident dealer who before July | ||||||
| 25 | 1, 2015 manufactured less than than 3,720,000 gallons of beer | ||||||
| 26 | per year and held a brew pub license on or before July 1, 2015 | ||||||
| |||||||
| |||||||
| 1 | may (i) continue to qualify for and hold that brew pub license | ||||||
| 2 | for the licensed premises and (ii) manufacture more than | ||||||
| 3 | 3,720,000 gallons of beer per year and continue to qualify for | ||||||
| 4 | and hold that brew pub license if that brewer, class 2 brewer, | ||||||
| 5 | or non-resident dealer does not simultaneously hold a class 1 | ||||||
| 6 | brewer license and is not a member of or affiliated with, | ||||||
| 7 | directly or indirectly, a manufacturer that produces more than | ||||||
| 8 | 3,720,000 gallons of beer per year or that produces any other | ||||||
| 9 | alcoholic liquor. | ||||||
| 10 | (o) A caterer retailer license shall allow the holder
to | ||||||
| 11 | serve alcoholic liquors as an incidental part of a food service | ||||||
| 12 | that serves
prepared meals which excludes the serving of snacks | ||||||
| 13 | as
the primary meal, either on or off-site whether licensed or | ||||||
| 14 | unlicensed. | ||||||
| 15 | (p) An auction liquor license shall allow the licensee to | ||||||
| 16 | sell and offer
for sale at auction wine and spirits for use or | ||||||
| 17 | consumption, or for resale by
an Illinois liquor licensee in | ||||||
| 18 | accordance with provisions of this Act. An
auction liquor | ||||||
| 19 | license will be issued to a person and it will permit the
| ||||||
| 20 | auction liquor licensee to hold the auction anywhere in the | ||||||
| 21 | State. An auction
liquor license must be obtained for each | ||||||
| 22 | auction at least 14 days in advance of
the auction date. | ||||||
| 23 | (q) A special use permit license shall allow an Illinois | ||||||
| 24 | licensed
retailer to transfer a portion of its alcoholic liquor | ||||||
| 25 | inventory from its
retail licensed premises to the premises | ||||||
| 26 | specified in the license hereby
created, and to sell or offer | ||||||
| |||||||
| |||||||
| 1 | for sale at retail, only in the premises
specified in the | ||||||
| 2 | license hereby created, the transferred alcoholic liquor for
| ||||||
| 3 | use or consumption, but not for resale in any form. A special | ||||||
| 4 | use permit
license may be granted for the following time | ||||||
| 5 | periods: one day or less; 2 or
more days to a maximum of 15 days | ||||||
| 6 | per location in any 12 month period. An
applicant for the | ||||||
| 7 | special use permit license must also submit with the
| ||||||
| 8 | application proof satisfactory to the State Commission that the | ||||||
| 9 | applicant will
provide dram shop liability insurance to the | ||||||
| 10 | maximum limits and have local
authority approval. | ||||||
| 11 | (r) A winery shipper's license shall allow a person
with a | ||||||
| 12 | first-class or second-class wine manufacturer's
license, a | ||||||
| 13 | first-class or second-class wine-maker's license,
or a limited | ||||||
| 14 | wine manufacturer's license or who is licensed to
make wine | ||||||
| 15 | under the laws of another state to ship wine
made by that | ||||||
| 16 | licensee directly to a resident of this
State who is 21 years | ||||||
| 17 | of age or older for that resident's
personal use and not for | ||||||
| 18 | resale. Prior to receiving a
winery shipper's license, an | ||||||
| 19 | applicant for the license must
provide the Commission with a | ||||||
| 20 | true copy of its current
license in any state in which it is | ||||||
| 21 | licensed as a manufacturer
of wine. An applicant for a winery | ||||||
| 22 | shipper's license must
also complete an application form that | ||||||
| 23 | provides any other
information the Commission deems necessary. | ||||||
| 24 | The
application form shall include an acknowledgement | ||||||
| 25 | consenting
to the jurisdiction of the Commission, the Illinois
| ||||||
| 26 | Department of Revenue, and the courts of this State concerning
| ||||||
| |||||||
| |||||||
| 1 | the enforcement of this Act and any related laws, rules, and
| ||||||
| 2 | regulations, including authorizing the Department of Revenue
| ||||||
| 3 | and the Commission to conduct audits for the purpose of
| ||||||
| 4 | ensuring compliance with Public Act 95-634 this amendatory Act. | ||||||
| 5 | A winery shipper licensee must pay to the Department
of | ||||||
| 6 | Revenue the State liquor gallonage tax under Section 8-1 for
| ||||||
| 7 | all wine that is sold by the licensee and shipped to a person
| ||||||
| 8 | in this State. For the purposes of Section 8-1, a winery
| ||||||
| 9 | shipper licensee shall be taxed in the same manner as a
| ||||||
| 10 | manufacturer of wine. A licensee who is not otherwise required | ||||||
| 11 | to register under the Retailers' Occupation Tax Act must
| ||||||
| 12 | register under the Use Tax Act to collect and remit use tax to
| ||||||
| 13 | the Department of Revenue for all gallons of wine that are sold
| ||||||
| 14 | by the licensee and shipped to persons in this State. If a
| ||||||
| 15 | licensee fails to remit the tax imposed under this Act in
| ||||||
| 16 | accordance with the provisions of Article VIII of this Act, the
| ||||||
| 17 | winery shipper's license shall be revoked in accordance
with | ||||||
| 18 | the provisions of Article VII of this Act. If a licensee
fails | ||||||
| 19 | to properly register and remit tax under the Use Tax Act
or the | ||||||
| 20 | Retailers' Occupation Tax Act for all wine that is sold
by the | ||||||
| 21 | winery shipper and shipped to persons in this
State, the winery | ||||||
| 22 | shipper's license shall be revoked in
accordance with the | ||||||
| 23 | provisions of Article VII of this Act. | ||||||
| 24 | A winery shipper licensee must collect, maintain, and
| ||||||
| 25 | submit to the Commission on a semi-annual basis the
total | ||||||
| 26 | number of cases per resident of wine shipped to residents
of | ||||||
| |||||||
| |||||||
| 1 | this State.
A winery shipper licensed under this subsection (r)
| ||||||
| 2 | must comply with the requirements of Section 6-29 of this | ||||||
| 3 | amendatory Act. | ||||||
| 4 | Pursuant to paragraph (5.1) or (5.3) of subsection (a) of | ||||||
| 5 | Section 3-12, the State Commission may receive, respond to, and | ||||||
| 6 | investigate any complaint and impose any of the remedies | ||||||
| 7 | specified in paragraph (1) of subsection (a) of Section 3-12. | ||||||
| 8 | (Source: P.A. 98-394, eff. 8-16-13; 98-401, eff. 8-16-13; | ||||||
| 9 | 98-756, eff. 7-16-14; 99-448, eff. 8-24-15; revised 10-27-15.)
| ||||||
| 10 | (235 ILCS 5/6-4) (from Ch. 43, par. 121)
| ||||||
| 11 | Sec. 6-4. (a) No person licensed by any licensing authority | ||||||
| 12 | as a
distiller, or a wine manufacturer, or any subsidiary or | ||||||
| 13 | affiliate
thereof, or any officer, associate, member, partner, | ||||||
| 14 | representative,
employee, agent or shareholder owning more | ||||||
| 15 | than 5% of the outstanding
shares of such person shall be | ||||||
| 16 | issued an importing distributor's or
distributor's license, | ||||||
| 17 | nor shall any person licensed by any licensing
authority as an | ||||||
| 18 | importing distributor, distributor or retailer, or any
| ||||||
| 19 | subsidiary or affiliate thereof, or any officer or associate, | ||||||
| 20 | member,
partner, representative, employee, agent or | ||||||
| 21 | shareholder owning more than
5% of the outstanding shares of | ||||||
| 22 | such person be issued a distiller's
license or a wine | ||||||
| 23 | manufacturer's license; and no person or persons
licensed as a | ||||||
| 24 | distiller by any licensing authority shall have any
interest, | ||||||
| 25 | directly or indirectly, with such distributor or importing
| ||||||
| |||||||
| |||||||
| 1 | distributor.
| ||||||
| 2 | However, an importing distributor or distributor, which on | ||||||
| 3 | January
1, 1985 is owned by a brewer, or any subsidiary or | ||||||
| 4 | affiliate thereof or any
officer, associate, member, partner, | ||||||
| 5 | representative, employee, agent or
shareholder owning more | ||||||
| 6 | than 5% of the outstanding shares of the importing
distributor | ||||||
| 7 | or distributor referred to in this paragraph, may own or
| ||||||
| 8 | acquire an ownership interest of more than 5% of the | ||||||
| 9 | outstanding shares of
a wine manufacturer and be issued a wine
| ||||||
| 10 | manufacturer's license by any licensing authority.
| ||||||
| 11 | (b) The foregoing provisions shall not apply to any person | ||||||
| 12 | licensed
by any licensing authority as a distiller or wine | ||||||
| 13 | manufacturer, or to
any subsidiary or affiliate of any | ||||||
| 14 | distiller or wine manufacturer who
shall have been heretofore | ||||||
| 15 | licensed by the State Commission as either an
importing | ||||||
| 16 | distributor or distributor during the annual licensing period
| ||||||
| 17 | expiring June 30, 1947, and shall actually have made sales | ||||||
| 18 | regularly to
retailers.
| ||||||
| 19 | (c) Provided, however, that in such instances where a | ||||||
| 20 | distributor's
or importing distributor's license has been | ||||||
| 21 | issued to any distiller or
wine manufacturer or to any | ||||||
| 22 | subsidiary or affiliate of any distiller or
wine manufacturer | ||||||
| 23 | who has, during the licensing period ending June 30,
1947, sold | ||||||
| 24 | or distributed as such licensed distributor or importing
| ||||||
| 25 | distributor alcoholic liquors and wines to retailers, such | ||||||
| 26 | distiller or
wine manufacturer or any subsidiary or affiliate | ||||||
| |||||||
| |||||||
| 1 | of any distiller or
wine manufacturer holding such | ||||||
| 2 | distributor's or importing distributor's
license may continue | ||||||
| 3 | to sell or distribute to retailers such alcoholic
liquors and | ||||||
| 4 | wines which are manufactured, distilled, processed or
marketed | ||||||
| 5 | by distillers and wine manufacturers whose products it sold or
| ||||||
| 6 | distributed to retailers during the whole or any part of its | ||||||
| 7 | licensing
periods; and such additional brands and additional | ||||||
| 8 | products may be added
to the line of such distributor or | ||||||
| 9 | importing distributor, provided, that
such brands and such | ||||||
| 10 | products were not sold or distributed by any
distributor or | ||||||
| 11 | importing distributor licensed by the State Commission
during | ||||||
| 12 | the licensing period ending June 30, 1947, but can not sell or
| ||||||
| 13 | distribute to retailers any other alcoholic liquors or wines.
| ||||||
| 14 | (d) It shall be unlawful for any distiller licensed | ||||||
| 15 | anywhere to have
any stock ownership or interest in any | ||||||
| 16 | distributor's or importing
distributor's license wherein any | ||||||
| 17 | other person has an interest therein
who is not a distiller and | ||||||
| 18 | does not own more than 5% of any stock in any
distillery. | ||||||
| 19 | Nothing herein contained shall apply to such distillers or
| ||||||
| 20 | their subsidiaries or affiliates, who had a distributor's or | ||||||
| 21 | importing
distributor's license during the licensing period | ||||||
| 22 | ending June 30, 1947,
which license was owned in whole by such | ||||||
| 23 | distiller, or subsidiaries or
affiliates of such distiller.
| ||||||
| 24 | (e) Any person licensed as a brewer, class 1 brewer, or | ||||||
| 25 | class 2 brewer shall be
permitted to sell on the licensed | ||||||
| 26 | premises to non-licensees for on or off-premises consumption | ||||||
| |||||||
| |||||||
| 1 | for the premises in which he
or she actually conducts such | ||||||
| 2 | business beer manufactured by the brewer, class 1 brewer, or | ||||||
| 3 | class 2 brewer. Such sales shall be limited to on-premises, | ||||||
| 4 | in-person sales only, for lawful consumption on or off | ||||||
| 5 | premises. Such authorization shall be considered a privilege | ||||||
| 6 | granted by the brewer license and, other than a manufacturer of | ||||||
| 7 | beer
as stated above, no manufacturer or distributor or | ||||||
| 8 | importing
distributor, excluding airplane licensees exercising | ||||||
| 9 | powers provided in
paragraph (i) of Section 5-1 of this Act, or | ||||||
| 10 | any subsidiary or affiliate
thereof, or any officer,
associate, | ||||||
| 11 | member, partner, representative, employee or agent, or
| ||||||
| 12 | shareholder shall be issued a retailer's license, nor shall any | ||||||
| 13 | person
having a retailer's license, excluding airplane | ||||||
| 14 | licensees exercising powers
provided in paragraph (i) of | ||||||
| 15 | Section 5-1 of this
Act, or any subsidiary or affiliate | ||||||
| 16 | thereof, or
any officer, associate, member, partner, | ||||||
| 17 | representative or agent, or
shareholder be issued a | ||||||
| 18 | manufacturer's license or importing distributor's
license.
| ||||||
| 19 | A person who holds a class 1 or class 2 brewer license and | ||||||
| 20 | is authorized by this Section to sell beer to non-licensees | ||||||
| 21 | shall not sell beer to non-licensees from more than 3 total | ||||||
| 22 | brewer or commonly owned brew pub licensed locations in this | ||||||
| 23 | State. The class 1 or class 2 brewer shall designate to the | ||||||
| 24 | State Commission the brewer or brew pub locations from which it | ||||||
| 25 | will sell beer to non-licensees. | ||||||
| 26 | A person licensed as a craft distiller not affiliated with | ||||||
| |||||||
| |||||||
| 1 | any other person manufacturing spirits may be authorized by the | ||||||
| 2 | Commission to sell up to 2,500 gallons of spirits produced by | ||||||
| 3 | the person to non-licensees for on or off-premises consumption | ||||||
| 4 | for the premises in which he or she actually conducts business | ||||||
| 5 | permitting only the retail sale of spirits manufactured at such | ||||||
| 6 | premises. Such sales shall be limited to on-premises, in-person | ||||||
| 7 | sales only, for lawful consumption on or off premises, and such | ||||||
| 8 | authorization shall be considered a privilege granted by the | ||||||
| 9 | craft distiller license. A craft distiller licensed for retail | ||||||
| 10 | sale shall secure liquor liability insurance coverage in an | ||||||
| 11 | amount at least equal to the maximum liability amounts set | ||||||
| 12 | forth in subsection (a) of Section 6-21 of this Act. | ||||||
| 13 | (f) (Blank).
| ||||||
| 14 | (g) Notwithstanding any of the foregoing prohibitions, a | ||||||
| 15 | limited wine
manufacturer may sell at retail at its | ||||||
| 16 | manufacturing site for on or off
premises consumption and may | ||||||
| 17 | sell to distributors. A limited wine manufacturer licensee
| ||||||
| 18 | shall secure liquor liability insurance coverage in an amount
| ||||||
| 19 | at least equal to the maximum liability amounts set forth in
| ||||||
| 20 | subsection (a) of Section 6-21 of this Act.
| ||||||
| 21 | (h) The changes made to this Section by Public Act 99-47 | ||||||
| 22 | this amendatory Act of the 99th General Assembly shall not | ||||||
| 23 | diminish or impair the rights of any person, whether a | ||||||
| 24 | distiller, wine manufacturer, agent, or affiliate thereof, who | ||||||
| 25 | requested in writing and submitted documentation to the State | ||||||
| 26 | Commission on or before February 18, 2015 to be approved for a | ||||||
| |||||||
| |||||||
| 1 | retail license pursuant to what has heretofore been subsection | ||||||
| 2 | (f); provided that, on or before that date, the State | ||||||
| 3 | Commission considered the intent of that person to apply for | ||||||
| 4 | the retail license under that subsection and, by recorded vote, | ||||||
| 5 | the State Commission approved a resolution indicating that such | ||||||
| 6 | a license application could be lawfully approved upon that | ||||||
| 7 | person duly filing a formal application for a retail license | ||||||
| 8 | and if that person, within 90 days of the State Commission | ||||||
| 9 | appearance and recorded vote, first filed an application with | ||||||
| 10 | the appropriate local commission, which application was | ||||||
| 11 | subsequently approved by the appropriate local commission | ||||||
| 12 | prior to consideration by the State Commission of that person's | ||||||
| 13 | application for a retail license. It is further provided that | ||||||
| 14 | the State Commission may approve the person's application for a | ||||||
| 15 | retail license or renewals of such license if such person | ||||||
| 16 | continues to diligently adhere to all representations made in | ||||||
| 17 | writing to the State Commission on or before February 18, 2015, | ||||||
| 18 | or thereafter, or in the affidavit filed by that person with | ||||||
| 19 | the State Commission to support the issuance of a retail | ||||||
| 20 | license and to abide by all applicable laws and duly adopted | ||||||
| 21 | rules. | ||||||
| 22 | (Source: P.A. 99-47, eff. 7-15-15; 99-448, eff. 8-24-15; | ||||||
| 23 | revised 10-30-15.)
| ||||||
| 24 | (235 ILCS 5/6-11)
| ||||||
| 25 | Sec. 6-11. Sale near churches, schools, and hospitals.
| ||||||
| |||||||
| |||||||
| 1 | (a) No license shall be issued for the sale at retail of | ||||||
| 2 | any
alcoholic liquor within 100 feet of any church, school | ||||||
| 3 | other than an
institution of higher learning, hospital, home | ||||||
| 4 | for aged or indigent
persons or for veterans, their spouses or | ||||||
| 5 | children or any military or
naval station, provided, that this | ||||||
| 6 | prohibition shall not apply to hotels
offering restaurant | ||||||
| 7 | service, regularly organized clubs, or to
restaurants, food | ||||||
| 8 | shops or other places where sale of alcoholic liquors
is not | ||||||
| 9 | the principal business carried on if the place of business so
| ||||||
| 10 | exempted is not located in a municipality of more than 500,000 | ||||||
| 11 | persons,
unless required by local ordinance; nor to the renewal | ||||||
| 12 | of a license for the
sale at retail of alcoholic liquor on | ||||||
| 13 | premises within 100 feet of any church
or school where the | ||||||
| 14 | church or school has been established within such
100 feet | ||||||
| 15 | since the issuance of the original license. In the case of a
| ||||||
| 16 | church, the distance of 100 feet shall be measured to the | ||||||
| 17 | nearest part
of any building used for worship services or | ||||||
| 18 | educational programs and
not to property boundaries.
| ||||||
| 19 | (b) Nothing in this Section shall prohibit the issuance of | ||||||
| 20 | a retail
license
authorizing the sale of alcoholic liquor to a | ||||||
| 21 | restaurant, the primary business
of which is the sale of goods | ||||||
| 22 | baked on the premises if (i) the restaurant is
newly | ||||||
| 23 | constructed and located on a lot of not less than 10,000 square | ||||||
| 24 | feet,
(ii) the restaurant costs at least $1,000,000 to | ||||||
| 25 | construct, (iii) the licensee
is the titleholder to the | ||||||
| 26 | premises and resides on the premises, and (iv) the
construction | ||||||
| |||||||
| |||||||
| 1 | of the restaurant is completed within 18 months of July 10, | ||||||
| 2 | 1998 (the effective
date of Public Act 90-617) this amendatory | ||||||
| 3 | Act of 1998.
| ||||||
| 4 | (c) Nothing in this Section shall prohibit the issuance of | ||||||
| 5 | a retail
license
authorizing the sale of alcoholic liquor | ||||||
| 6 | incidental to a restaurant if (1) the
primary
business of the | ||||||
| 7 | restaurant consists of the sale of food where the sale of
| ||||||
| 8 | liquor is incidental to the sale of food and the applicant is a | ||||||
| 9 | completely new
owner of the restaurant, (2) the immediately
| ||||||
| 10 | prior owner or operator of the premises where the restaurant is | ||||||
| 11 | located
operated the premises as a restaurant and held a valid | ||||||
| 12 | retail license
authorizing the
sale of alcoholic liquor at the | ||||||
| 13 | restaurant for at least part of the 24 months
before the
change | ||||||
| 14 | of ownership, and (3) the restaurant is located 75 or more feet | ||||||
| 15 | from a
school.
| ||||||
| 16 | (d) In the interest of further developing Illinois' economy | ||||||
| 17 | in the area
of
commerce, tourism, convention, and banquet | ||||||
| 18 | business, nothing in this
Section shall
prohibit issuance of a | ||||||
| 19 | retail license authorizing the sale of alcoholic
beverages to a | ||||||
| 20 | restaurant, banquet facility, grocery store, or hotel having
| ||||||
| 21 | not fewer than
150 guest room accommodations located in a | ||||||
| 22 | municipality of more than 500,000
persons, notwithstanding the | ||||||
| 23 | proximity of such hotel, restaurant,
banquet facility, or | ||||||
| 24 | grocery store to any church or school, if the licensed
premises
| ||||||
| 25 | described on the license are located within an enclosed mall or | ||||||
| 26 | building of a
height of at least 6 stories, or 60 feet in the | ||||||
| |||||||
| |||||||
| 1 | case of a building that has
been registered as a national | ||||||
| 2 | landmark, or in a grocery store having a
minimum of 56,010 | ||||||
| 3 | square feet of floor space in a single story building in an
| ||||||
| 4 | open mall of at least 3.96 acres that is adjacent to a public | ||||||
| 5 | school that
opened as a boys technical high school in 1934, or | ||||||
| 6 | in a grocery store having a minimum of 31,000 square feet of | ||||||
| 7 | floor space in a single story building located a distance of | ||||||
| 8 | more than 90 feet but less than 100 feet from a high school | ||||||
| 9 | that opened in 1928 as a junior high school and became a senior | ||||||
| 10 | high school in 1933, and in each of these
cases if the sale of
| ||||||
| 11 | alcoholic liquors is not the principal business carried on by | ||||||
| 12 | the licensee.
| ||||||
| 13 | For purposes of this Section, a "banquet facility" is any | ||||||
| 14 | part of a
building that caters to private parties and where the | ||||||
| 15 | sale of alcoholic liquors
is not the principal business.
| ||||||
| 16 | (e) Nothing in this Section shall prohibit the issuance of | ||||||
| 17 | a license to
a
church or private school to sell at retail | ||||||
| 18 | alcoholic liquor if any such
sales are limited to periods when | ||||||
| 19 | groups are assembled on the premises
solely for the promotion | ||||||
| 20 | of some common object other than the sale or
consumption of | ||||||
| 21 | alcoholic liquors.
| ||||||
| 22 | (f) Nothing in this Section shall prohibit a church or | ||||||
| 23 | church affiliated
school
located in a home rule municipality or | ||||||
| 24 | in a municipality with 75,000 or more
inhabitants from locating
| ||||||
| 25 | within 100 feet of a property for which there is a preexisting | ||||||
| 26 | license to sell
alcoholic liquor at retail. In these instances, | ||||||
| |||||||
| |||||||
| 1 | the local zoning authority
may, by ordinance adopted | ||||||
| 2 | simultaneously with the granting of an initial
special use | ||||||
| 3 | zoning permit for the church or church affiliated school, | ||||||
| 4 | provide
that the 100-foot restriction in this Section shall not | ||||||
| 5 | apply to that church or
church affiliated school and future | ||||||
| 6 | retail liquor licenses.
| ||||||
| 7 | (g) Nothing in this Section shall prohibit the issuance of | ||||||
| 8 | a retail
license authorizing the sale of alcoholic liquor at | ||||||
| 9 | premises within 100 feet,
but not less than 90 feet, of a | ||||||
| 10 | public school if (1) the premises have been
continuously | ||||||
| 11 | licensed to sell alcoholic liquor
for a period of at least 50 | ||||||
| 12 | years,
(2) the premises are located in a municipality having a | ||||||
| 13 | population of over
500,000 inhabitants, (3) the licensee is an | ||||||
| 14 | individual who is a member of a
family that has held the | ||||||
| 15 | previous 3 licenses for that location for more than 25
years, | ||||||
| 16 | (4) the
principal of the school and the alderman of the ward in | ||||||
| 17 | which the school is
located have delivered a written statement | ||||||
| 18 | to the local liquor control
commissioner stating that they do | ||||||
| 19 | not object to the issuance of a license
under this subsection | ||||||
| 20 | (g), and (5) the local liquor control commissioner has
received | ||||||
| 21 | the written consent of a majority of the registered voters who | ||||||
| 22 | live
within 200 feet of the premises.
| ||||||
| 23 | (h) Notwithstanding any provision of this Section to the | ||||||
| 24 | contrary, nothing in this Section shall prohibit the issuance | ||||||
| 25 | or renewal of a license authorizing the sale of alcoholic | ||||||
| 26 | liquor within premises and at an outdoor patio area attached to | ||||||
| |||||||
| |||||||
| 1 | premises that are located in a municipality with a population | ||||||
| 2 | in excess of 300,000 inhabitants and that are within 100 feet | ||||||
| 3 | of a church if:
| ||||||
| 4 | (1) the sale of alcoholic liquor at the premises is | ||||||
| 5 | incidental to the sale of food,
| ||||||
| 6 | (2) the sale of liquor is not the principal business | ||||||
| 7 | carried on by the licensee at the premises, | ||||||
| 8 | (3) the premises are less than 1,000 square feet, | ||||||
| 9 | (4) the premises are owned by the University of | ||||||
| 10 | Illinois, | ||||||
| 11 | (5) the premises are immediately adjacent to property | ||||||
| 12 | owned by a church and are not less than 20 nor more than 40 | ||||||
| 13 | feet from the church space used for worship services, and | ||||||
| 14 | (6) the principal religious leader at the place of | ||||||
| 15 | worship has indicated his or her support for the issuance | ||||||
| 16 | of the license in writing.
| ||||||
| 17 | (i) Notwithstanding any provision in this Section to the | ||||||
| 18 | contrary, nothing in this Section shall prohibit the issuance | ||||||
| 19 | or renewal of a license to sell alcoholic liquor at a premises | ||||||
| 20 | that is located within a municipality with a population in | ||||||
| 21 | excess of 300,000 inhabitants and is within 100 feet of a | ||||||
| 22 | church, synagogue, or other place of worship if: | ||||||
| 23 | (1) the primary entrance of the premises and the | ||||||
| 24 | primary entrance of the church, synagogue, or other place | ||||||
| 25 | of worship are at least 100 feet apart, on parallel | ||||||
| 26 | streets, and separated by an alley; and | ||||||
| |||||||
| |||||||
| 1 | (2) the principal religious leader at the place of | ||||||
| 2 | worship has not indicated his or her opposition to the | ||||||
| 3 | issuance or renewal of the license in writing. | ||||||
| 4 | (j) Notwithstanding any provision in this Section to the | ||||||
| 5 | contrary, nothing in this Section shall prohibit the issuance | ||||||
| 6 | of a retail
license authorizing the sale of alcoholic liquor at | ||||||
| 7 | a theater that is within 100 feet of a church if (1) the church | ||||||
| 8 | owns the theater, (2) the church leases the theater to one or | ||||||
| 9 | more entities, and
(3) the theater is used by at least 5 | ||||||
| 10 | different not-for-profit theater groups. | ||||||
| 11 | (k) Notwithstanding any provision in this Section to the | ||||||
| 12 | contrary, nothing in this Section shall prohibit the issuance | ||||||
| 13 | or renewal of a license authorizing the sale of alcoholic | ||||||
| 14 | liquor at a premises that is located within a municipality with | ||||||
| 15 | a population in excess of 1,000,000 inhabitants and is within | ||||||
| 16 | 100 feet of a school if:
| ||||||
| 17 | (1) the primary entrance of the premises and the | ||||||
| 18 | primary entrance of the school are parallel, on different | ||||||
| 19 | streets, and separated by an alley; | ||||||
| 20 | (2) the southeast corner of the premises are at least | ||||||
| 21 | 350 feet from the southwest corner of the school; | ||||||
| 22 | (3) the school was built in 1978; | ||||||
| 23 | (4) the sale of alcoholic liquor at the premises is | ||||||
| 24 | incidental to the sale of food; | ||||||
| 25 | (5) the sale of alcoholic liquor is not the principal | ||||||
| 26 | business carried on by the licensee at the premises; | ||||||
| |||||||
| |||||||
| 1 | (6) the applicant is the owner of the restaurant and | ||||||
| 2 | has held a valid license authorizing the sale of alcoholic | ||||||
| 3 | liquor for the business to be conducted on the premises at | ||||||
| 4 | a different location for more than 7 years; and | ||||||
| 5 | (7) the premises is at least 2,300 square feet and sits | ||||||
| 6 | on a lot that is between 6,100 and 6,150 square feet. | ||||||
| 7 | (l) Notwithstanding any provision in this Section to the | ||||||
| 8 | contrary, nothing in this Section shall prohibit the issuance | ||||||
| 9 | or renewal of a license authorizing the sale of alcoholic | ||||||
| 10 | liquor at a premises that is located within a municipality with | ||||||
| 11 | a population in excess of 1,000,000 inhabitants and is within | ||||||
| 12 | 100 feet of a church or school if: | ||||||
| 13 | (1) the primary entrance of the premises and the | ||||||
| 14 | closest entrance of the church or school is at least 90 | ||||||
| 15 | feet apart and no greater than 95 feet apart; | ||||||
| 16 | (2) the shortest distance between the premises and the | ||||||
| 17 | church or school is at least 80 feet apart and no greater | ||||||
| 18 | than 85 feet apart; | ||||||
| 19 | (3) the applicant is the owner of the restaurant and on | ||||||
| 20 | November 15, 2006 held a valid license authorizing the sale | ||||||
| 21 | of alcoholic liquor for the business to be conducted on the | ||||||
| 22 | premises for at least 14 different locations; | ||||||
| 23 | (4) the sale of alcoholic liquor at the premises is | ||||||
| 24 | incidental to the sale of food; | ||||||
| 25 | (5) the sale of alcoholic liquor is not the principal | ||||||
| 26 | business carried on by the licensee at the premises; | ||||||
| |||||||
| |||||||
| 1 | (6) the premises is at least 3,200 square feet and sits | ||||||
| 2 | on a lot that is between 7,150 and 7,200 square feet; and | ||||||
| 3 | (7) the principal religious leader at the place of | ||||||
| 4 | worship has not indicated his or her opposition to the | ||||||
| 5 | issuance or renewal of the license in writing.
| ||||||
| 6 | (m) Notwithstanding any provision in this Section to the | ||||||
| 7 | contrary, nothing in this Section shall prohibit the issuance | ||||||
| 8 | or renewal of a license authorizing the sale of alcoholic | ||||||
| 9 | liquor at a premises that is located within a municipality with | ||||||
| 10 | a population in excess of 1,000,000 inhabitants and is within | ||||||
| 11 | 100 feet of a church if: | ||||||
| 12 | (1) the premises and the church are perpendicular, and | ||||||
| 13 | the primary entrance of the premises faces South while the | ||||||
| 14 | primary entrance of the church faces West and the distance | ||||||
| 15 | between the two entrances is more than 100 feet; | ||||||
| 16 | (2) the shortest distance between the premises lot line | ||||||
| 17 | and the exterior wall of the church is at least 80 feet; | ||||||
| 18 | (3) the church was established at the current location | ||||||
| 19 | in 1916 and the present structure was erected in 1925; | ||||||
| 20 | (4) the premises is a single story, single use building | ||||||
| 21 | with at least 1,750 square feet and no more than 2,000 | ||||||
| 22 | square feet; | ||||||
| 23 | (5) the sale of alcoholic liquor at the premises is | ||||||
| 24 | incidental to the sale of food; | ||||||
| 25 | (6) the sale of alcoholic liquor is not the principal | ||||||
| 26 | business carried on by the licensee at the premises; and | ||||||
| |||||||
| |||||||
| 1 | (7) the principal religious leader at the place of | ||||||
| 2 | worship has not indicated his or her opposition to the | ||||||
| 3 | issuance or renewal of the license in writing. | ||||||
| 4 | (n) Notwithstanding any provision in this Section to the | ||||||
| 5 | contrary, nothing in this Section shall prohibit the issuance | ||||||
| 6 | or renewal of a license authorizing the sale of alcoholic | ||||||
| 7 | liquor at a premises that is located within a municipality with | ||||||
| 8 | a population in excess of 1,000,000 inhabitants and is within | ||||||
| 9 | 100 feet of a school if: | ||||||
| 10 | (1) the school is a City of Chicago School District 299 | ||||||
| 11 | school; | ||||||
| 12 | (2) the school is located within subarea E of City of | ||||||
| 13 | Chicago Residential Business Planned Development Number | ||||||
| 14 | 70; | ||||||
| 15 | (3) the sale of alcoholic liquor is not the principal | ||||||
| 16 | business carried on by the licensee on the premises; | ||||||
| 17 | (4) the sale of alcoholic liquor at the premises is | ||||||
| 18 | incidental to the sale of food; and | ||||||
| 19 | (5) the administration of City of Chicago School | ||||||
| 20 | District 299 has expressed, in writing, its support for the | ||||||
| 21 | issuance of the license. | ||||||
| 22 | (o) Notwithstanding any provision of this Section to the | ||||||
| 23 | contrary, nothing in this Section shall prohibit the issuance | ||||||
| 24 | or renewal of a retail license authorizing the sale of | ||||||
| 25 | alcoholic liquor at a premises that is located within a | ||||||
| 26 | municipality in excess of 1,000,000 inhabitants and within 100 | ||||||
| |||||||
| |||||||
| 1 | feet of a church if: | ||||||
| 2 | (1) the sale of alcoholic liquor at the premises is | ||||||
| 3 | incidental to the sale of food; | ||||||
| 4 | (2) the sale of alcoholic liquor is not the principal | ||||||
| 5 | business carried on by the licensee at the premises; | ||||||
| 6 | (3) the premises is located on a street that runs | ||||||
| 7 | perpendicular to the street on which the church is located; | ||||||
| 8 | (4) the primary entrance of the premises is at least | ||||||
| 9 | 100 feet from the primary entrance of the church; | ||||||
| 10 | (5) the shortest distance between any part of the | ||||||
| 11 | premises and any part of the church is at least 60 feet; | ||||||
| 12 | (6) the premises is between 3,600 and 4,000 square feet | ||||||
| 13 | and sits on a lot that is between 3,600 and 4,000 square | ||||||
| 14 | feet; and | ||||||
| 15 | (7) the premises was built in the year 1909. | ||||||
| 16 | For purposes of this subsection (o), "premises" means a | ||||||
| 17 | place of business together with a privately owned outdoor | ||||||
| 18 | location that is adjacent to the place of business. | ||||||
| 19 | (p) Notwithstanding any provision in this Section to the | ||||||
| 20 | contrary, nothing in this Section shall prohibit the issuance | ||||||
| 21 | or renewal of a license authorizing the sale of alcoholic | ||||||
| 22 | liquor at a premises that is located within a municipality with | ||||||
| 23 | a population in excess of 1,000,000 inhabitants and within 100 | ||||||
| 24 | feet of a church if: | ||||||
| 25 | (1) the shortest distance between the backdoor of the | ||||||
| 26 | premises, which is used as an emergency exit, and the | ||||||
| |||||||
| |||||||
| 1 | church is at least 80 feet; | ||||||
| 2 | (2) the church was established at the current location | ||||||
| 3 | in 1889; and | ||||||
| 4 | (3) liquor has been sold on the premises since at least | ||||||
| 5 | 1985. | ||||||
| 6 | (q) Notwithstanding any provision of this Section to the | ||||||
| 7 | contrary, nothing in this Section shall prohibit the issuance | ||||||
| 8 | or renewal of a license authorizing the sale of alcoholic | ||||||
| 9 | liquor within a premises that is located in a municipality with | ||||||
| 10 | a population in excess of 1,000,000 inhabitants and within 100 | ||||||
| 11 | feet of a church-owned property if: | ||||||
| 12 | (1) the premises is located within a larger building | ||||||
| 13 | operated as a grocery store; | ||||||
| 14 | (2) the area of the premises does not exceed 720 square | ||||||
| 15 | feet and the area of the larger building exceeds 18,000 | ||||||
| 16 | square feet; | ||||||
| 17 | (3) the larger building containing the premises is | ||||||
| 18 | within 100 feet of the nearest property line of a | ||||||
| 19 | church-owned property on which a church-affiliated school | ||||||
| 20 | is located; | ||||||
| 21 | (4) the sale of liquor is not the principal business | ||||||
| 22 | carried on within the larger building; | ||||||
| 23 | (5) the primary entrance of the larger building and the | ||||||
| 24 | premises and the primary entrance of the church-affiliated | ||||||
| 25 | school are on different, parallel streets, and the distance | ||||||
| 26 | between the 2 primary entrances is more than 100 feet; | ||||||
| |||||||
| |||||||
| 1 | (6) the larger building is separated from the | ||||||
| 2 | church-owned property and church-affiliated school by an | ||||||
| 3 | alley; | ||||||
| 4 | (7) the larger building containing the premises and the | ||||||
| 5 | church building front are on perpendicular streets and are | ||||||
| 6 | separated by a street; and | ||||||
| 7 | (8) (Blank). | ||||||
| 8 | (r) Notwithstanding any provision of this Section to the | ||||||
| 9 | contrary, nothing in this Section shall prohibit the issuance, | ||||||
| 10 | renewal, or maintenance of a license authorizing the sale of | ||||||
| 11 | alcoholic liquor incidental to the sale of food within a | ||||||
| 12 | restaurant established in a premises that is located in a | ||||||
| 13 | municipality with a population in excess of 1,000,000 | ||||||
| 14 | inhabitants and within 100 feet of a church if: | ||||||
| 15 | (1) the primary entrance of the church and the primary | ||||||
| 16 | entrance of the restaurant are at least 100 feet apart; | ||||||
| 17 | (2) the restaurant has operated on the ground floor and | ||||||
| 18 | lower level of a multi-story, multi-use building for more | ||||||
| 19 | than 40 years; | ||||||
| 20 | (3) the primary business of the restaurant consists of | ||||||
| 21 | the sale of food where the sale of liquor is incidental to | ||||||
| 22 | the sale of food; | ||||||
| 23 | (4) the sale of alcoholic liquor is conducted primarily | ||||||
| 24 | in the below-grade level of the restaurant to which the | ||||||
| 25 | only public access is by a staircase located inside the | ||||||
| 26 | restaurant; and | ||||||
| |||||||
| |||||||
| 1 | (5) the restaurant has held a license authorizing the | ||||||
| 2 | sale of alcoholic liquor on the premises for more than 40 | ||||||
| 3 | years. | ||||||
| 4 | (s) Notwithstanding any provision of this Section to the | ||||||
| 5 | contrary, nothing in this Section shall prohibit renewal of a | ||||||
| 6 | license authorizing the sale of alcoholic liquor at a premises | ||||||
| 7 | that is located within a municipality with a population more | ||||||
| 8 | than 5,000 and less than 10,000 and is within 100 feet of a | ||||||
| 9 | church if: | ||||||
| 10 | (1) the church was established at the location within | ||||||
| 11 | 100 feet of the premises after a license for the sale of | ||||||
| 12 | alcoholic liquor at the premises was first issued; | ||||||
| 13 | (2) a license for sale of alcoholic liquor at the | ||||||
| 14 | premises was first issued before January 1, 2007; and | ||||||
| 15 | (3) a license for the sale of alcoholic liquor on the | ||||||
| 16 | premises has been continuously in effect since January 1, | ||||||
| 17 | 2007, except for interruptions between licenses of no more | ||||||
| 18 | than 90 days. | ||||||
| 19 | (t) Notwithstanding any provision of this Section to the | ||||||
| 20 | contrary, nothing in this Section shall prohibit the issuance | ||||||
| 21 | or renewal of a
license authorizing the sale of alcoholic | ||||||
| 22 | liquor
incidental to the sale of food within a restaurant that | ||||||
| 23 | is established in a premises that is located in a municipality | ||||||
| 24 | with a population in excess of 1,000,000 inhabitants and within | ||||||
| 25 | 100 feet of a school and a church if: | ||||||
| 26 | (1) the restaurant is located inside a five-story | ||||||
| |||||||
| |||||||
| 1 | building with over 16,800 square feet of commercial space; | ||||||
| 2 | (2) the area of the premises does not exceed 31,050 | ||||||
| 3 | square feet; | ||||||
| 4 | (3) the area of the restaurant does not exceed 5,800 | ||||||
| 5 | square feet; | ||||||
| 6 | (4) the building has no less than 78 condominium units; | ||||||
| 7 | (5) the construction of the building in which the | ||||||
| 8 | restaurant is located was completed in 2006; | ||||||
| 9 | (6) the building has 10 storefront properties, 3 of | ||||||
| 10 | which are used for the restaurant; | ||||||
| 11 | (7) the restaurant will open for business in 2010; | ||||||
| 12 | (8) the building is north of the school and separated | ||||||
| 13 | by an alley; and | ||||||
| 14 | (9) the principal religious leader of the church and | ||||||
| 15 | either the alderman of the ward in which the school is | ||||||
| 16 | located or the principal of the school have delivered a | ||||||
| 17 | written statement to the local liquor control commissioner | ||||||
| 18 | stating that he or she does not object to the issuance of a | ||||||
| 19 | license under this subsection (t). | ||||||
| 20 | (u) Notwithstanding any provision in this Section to the | ||||||
| 21 | contrary, nothing in this Section shall prohibit the issuance | ||||||
| 22 | or renewal of a license to sell alcoholic liquor at a premises | ||||||
| 23 | that is located within a municipality with a population in | ||||||
| 24 | excess of 1,000,000 inhabitants and within 100 feet of a school | ||||||
| 25 | if: | ||||||
| 26 | (1) the premises operates as a restaurant and has been | ||||||
| |||||||
| |||||||
| 1 | in operation since February 2008; | ||||||
| 2 | (2) the applicant is the owner of the premises; | ||||||
| 3 | (3) the sale of alcoholic liquor is incidental to the | ||||||
| 4 | sale of food; | ||||||
| 5 | (4) the sale of alcoholic liquor is not the principal | ||||||
| 6 | business carried on by the licensee on the premises; | ||||||
| 7 | (5) the premises occupy the first floor of a 3-story | ||||||
| 8 | building that is at least 90 years old; | ||||||
| 9 | (6) the rear lot of the school and the rear corner of | ||||||
| 10 | the building that the premises occupy are separated by an | ||||||
| 11 | alley; | ||||||
| 12 | (7) the distance from the southwest corner of the | ||||||
| 13 | property line of the school and the northeast corner of the | ||||||
| 14 | building that the premises occupy is at least 16 feet, 5 | ||||||
| 15 | inches; | ||||||
| 16 | (8) the distance from the rear door of the premises to | ||||||
| 17 | the southwest corner of the property line of the school is | ||||||
| 18 | at least 93 feet; | ||||||
| 19 | (9) the school is a City of Chicago School District 299 | ||||||
| 20 | school; | ||||||
| 21 | (10) the school's main structure was erected in 1902 | ||||||
| 22 | and an addition was built to the main structure in 1959; | ||||||
| 23 | and | ||||||
| 24 | (11) the principal of the school and the alderman in | ||||||
| 25 | whose district the premises are located have expressed, in | ||||||
| 26 | writing, their support for the issuance of the license. | ||||||
| |||||||
| |||||||
| 1 | (v) Notwithstanding any provision in this Section to the | ||||||
| 2 | contrary, nothing in this Section shall prohibit the issuance | ||||||
| 3 | or renewal of a license authorizing the sale of alcoholic | ||||||
| 4 | liquor at a premises that is located within a municipality with | ||||||
| 5 | a population in excess of 1,000,000 inhabitants and is within | ||||||
| 6 | 100 feet of a school if: | ||||||
| 7 | (1) the total land area of the premises for which the | ||||||
| 8 | license or renewal is sought is more than 600,000 square | ||||||
| 9 | feet; | ||||||
| 10 | (2) the premises for which the license or renewal is | ||||||
| 11 | sought has more than 600 parking stalls; | ||||||
| 12 | (3) the total area of all buildings on the premises for | ||||||
| 13 | which the license or renewal is sought exceeds 140,000 | ||||||
| 14 | square feet; | ||||||
| 15 | (4) the property line of the premises for which the | ||||||
| 16 | license or renewal is sought is separated from the property | ||||||
| 17 | line of the school by a street; | ||||||
| 18 | (5) the distance from the school's property line to the | ||||||
| 19 | property line of the premises for which the license or | ||||||
| 20 | renewal is sought is at least 60 feet; | ||||||
| 21 | (6) as of June 14, 2011 (the effective date of Public | ||||||
| 22 | Act 97-9) this amendatory Act of the 97th General Assembly, | ||||||
| 23 | the premises for which the license or renewal is sought is | ||||||
| 24 | located in the Illinois Medical District. | ||||||
| 25 | (w) Notwithstanding any provision in this Section to the | ||||||
| 26 | contrary, nothing in this Section shall prohibit the issuance | ||||||
| |||||||
| |||||||
| 1 | or renewal of a license to sell alcoholic liquor at a premises | ||||||
| 2 | that is located within a municipality with a population in | ||||||
| 3 | excess of 1,000,000 inhabitants and within 100 feet of a church | ||||||
| 4 | if: | ||||||
| 5 | (1) the sale of alcoholic liquor at the premises is | ||||||
| 6 | incidental to the sale of food; | ||||||
| 7 | (2) the sale of alcoholic liquor is not the principal
| ||||||
| 8 | business carried on by the licensee at the premises; | ||||||
| 9 | (3) the premises occupy the first floor and basement of | ||||||
| 10 | a 2-story building that is 106 years old; | ||||||
| 11 | (4) the premises is at least 7,000 square feet and | ||||||
| 12 | located on a lot that is at least 11,000 square feet; | ||||||
| 13 | (5) the premises is located directly west of the | ||||||
| 14 | church, on perpendicular streets, and separated by an | ||||||
| 15 | alley; | ||||||
| 16 | (6) the distance between the
property line of the | ||||||
| 17 | premises and the property line of the church is at least 20 | ||||||
| 18 | feet; | ||||||
| 19 | (7) the distance between the primary entrance of the | ||||||
| 20 | premises and the primary entrance of the church is at least | ||||||
| 21 | 130 feet; and | ||||||
| 22 | (8) the church has been at its location for at least 40 | ||||||
| 23 | years. | ||||||
| 24 | (x) Notwithstanding any provision of this Section to the | ||||||
| 25 | contrary, nothing in this Section shall prohibit the issuance | ||||||
| 26 | or renewal of a license authorizing the sale of alcoholic | ||||||
| |||||||
| |||||||
| 1 | liquor at a premises that is located within a municipality with | ||||||
| 2 | a population in excess of 1,000,000 inhabitants and within 100 | ||||||
| 3 | feet of a church if: | ||||||
| 4 | (1) the sale of alcoholic liquor is not the principal | ||||||
| 5 | business carried on by the licensee at the premises; | ||||||
| 6 | (2) the church has been operating in its current | ||||||
| 7 | location since 1973; | ||||||
| 8 | (3) the premises has been operating in its current | ||||||
| 9 | location since 1988; | ||||||
| 10 | (4) the church and the premises are owned by the same | ||||||
| 11 | parish; | ||||||
| 12 | (5) the premises is used for cultural and educational | ||||||
| 13 | purposes; | ||||||
| 14 | (6) the primary entrance to the premises and the | ||||||
| 15 | primary entrance to the church are located on the same | ||||||
| 16 | street; | ||||||
| 17 | (7) the principal religious leader of the church has | ||||||
| 18 | indicated his support of the issuance of the license; | ||||||
| 19 | (8) the premises is a 2-story building of approximately | ||||||
| 20 | 23,000 square feet; and | ||||||
| 21 | (9) the premises houses a ballroom on its ground floor | ||||||
| 22 | of approximately 5,000 square feet. | ||||||
| 23 | (y) Notwithstanding any provision of this Section to the | ||||||
| 24 | contrary, nothing in this Section shall prohibit the issuance | ||||||
| 25 | or renewal of a license authorizing the sale of alcoholic | ||||||
| 26 | liquor at a premises that is located within a municipality with | ||||||
| |||||||
| |||||||
| 1 | a population in excess of 1,000,000 inhabitants and within 100 | ||||||
| 2 | feet of a school if: | ||||||
| 3 | (1) the sale of alcoholic liquor is not the principal | ||||||
| 4 | business carried on by the licensee at the premises; | ||||||
| 5 | (2) the sale of alcoholic liquor at the premises is | ||||||
| 6 | incidental to the sale of food; | ||||||
| 7 | (3) according to the municipality, the distance | ||||||
| 8 | between the east property line of the premises and the west | ||||||
| 9 | property line of the school is 97.8 feet; | ||||||
| 10 | (4) the school is a City of Chicago School District 299 | ||||||
| 11 | school; | ||||||
| 12 | (5) the school has been operating since 1959; | ||||||
| 13 | (6) the primary entrance to the premises and the | ||||||
| 14 | primary entrance to the school are located on the same | ||||||
| 15 | street; | ||||||
| 16 | (7) the street on which the entrances of the premises | ||||||
| 17 | and the school are located is a major diagonal | ||||||
| 18 | thoroughfare; | ||||||
| 19 | (8) the premises is a single-story building of | ||||||
| 20 | approximately 2,900 square feet; and | ||||||
| 21 | (9) the premises is used for commercial purposes only. | ||||||
| 22 | (z) Notwithstanding any provision of this Section to the | ||||||
| 23 | contrary, nothing in this Section shall prohibit the issuance | ||||||
| 24 | or renewal of a license authorizing the sale of alcoholic | ||||||
| 25 | liquor at a premises that is located within a municipality with | ||||||
| 26 | a population in excess of 1,000,000 inhabitants and within 100 | ||||||
| |||||||
| |||||||
| 1 | feet of a mosque if: | ||||||
| 2 | (1) the sale of alcoholic liquor is not the principal | ||||||
| 3 | business carried on by the licensee at the premises; | ||||||
| 4 | (2) the licensee shall only sell packaged liquors at | ||||||
| 5 | the premises; | ||||||
| 6 | (3) the licensee is a national retail chain having over | ||||||
| 7 | 100 locations within the municipality; | ||||||
| 8 | (4) the licensee has over 8,000 locations nationwide; | ||||||
| 9 | (5) the licensee has locations in all 50 states; | ||||||
| 10 | (6) the premises is located in the North-East quadrant | ||||||
| 11 | of the municipality; | ||||||
| 12 | (7) the premises is a free-standing building that has | ||||||
| 13 | "drive-through" pharmacy service; | ||||||
| 14 | (8) the premises has approximately 14,490 square feet | ||||||
| 15 | of retail space; | ||||||
| 16 | (9) the premises has approximately 799 square feet of | ||||||
| 17 | pharmacy space; | ||||||
| 18 | (10) the premises is located on a major arterial street | ||||||
| 19 | that runs east-west and accepts truck traffic; and | ||||||
| 20 | (11) the alderman of the ward in which the premises is | ||||||
| 21 | located has expressed, in writing, his or her support for | ||||||
| 22 | the issuance of the license. | ||||||
| 23 | (aa) Notwithstanding any provision of this Section to the | ||||||
| 24 | contrary, nothing in this Section shall prohibit the issuance | ||||||
| 25 | or renewal of a license authorizing the sale of alcoholic | ||||||
| 26 | liquor at a premises that is located within a municipality with | ||||||
| |||||||
| |||||||
| 1 | a population in excess of 1,000,000 inhabitants and within 100 | ||||||
| 2 | feet of a church if: | ||||||
| 3 | (1) the sale of alcoholic liquor is not the principal | ||||||
| 4 | business carried on by the licensee at the premises; | ||||||
| 5 | (2) the licensee shall only sell packaged liquors at | ||||||
| 6 | the premises; | ||||||
| 7 | (3) the licensee is a national retail chain having over | ||||||
| 8 | 100 locations within the municipality; | ||||||
| 9 | (4) the licensee has over 8,000 locations nationwide; | ||||||
| 10 | (5) the licensee has locations in all 50 states; | ||||||
| 11 | (6) the premises is located in the North-East quadrant | ||||||
| 12 | of the municipality; | ||||||
| 13 | (7) the premises is located across the street from a | ||||||
| 14 | national grocery chain outlet; | ||||||
| 15 | (8) the premises has approximately 16,148 square feet | ||||||
| 16 | of retail space; | ||||||
| 17 | (9) the premises has approximately 992 square feet of | ||||||
| 18 | pharmacy space; | ||||||
| 19 | (10) the premises is located on a major arterial street | ||||||
| 20 | that runs north-south and accepts truck traffic; and | ||||||
| 21 | (11) the alderman of the ward in which the premises is | ||||||
| 22 | located has expressed, in writing, his or her support for | ||||||
| 23 | the issuance of the license. | ||||||
| 24 | (bb) Notwithstanding any provision of this Section to the | ||||||
| 25 | contrary, nothing in this Section shall prohibit the issuance | ||||||
| 26 | or renewal of a license authorizing the sale of alcoholic | ||||||
| |||||||
| |||||||
| 1 | liquor at a premises that is located within a municipality with | ||||||
| 2 | a population in excess of 1,000,000 inhabitants and within 100 | ||||||
| 3 | feet of a church if: | ||||||
| 4 | (1) the sale of alcoholic liquor is not the principal | ||||||
| 5 | business carried on by the licensee at the premises; | ||||||
| 6 | (2) the sale of alcoholic liquor at the premises is | ||||||
| 7 | incidental to the sale of food; | ||||||
| 8 | (3) the primary entrance to the premises and the | ||||||
| 9 | primary entrance to the church are located on the same | ||||||
| 10 | street; | ||||||
| 11 | (4) the premises is across the street from the church; | ||||||
| 12 | (5) the street on which the premises and the church are | ||||||
| 13 | located is a major arterial street that runs east-west; | ||||||
| 14 | (6) the church is an elder-led and Bible-based Assyrian | ||||||
| 15 | church; | ||||||
| 16 | (7) the premises and the church are both single-story | ||||||
| 17 | buildings; | ||||||
| 18 | (8) the storefront directly west of the church is being | ||||||
| 19 | used as a restaurant; and | ||||||
| 20 | (9) the distance between the northern-most property | ||||||
| 21 | line of the premises and the southern-most property line of | ||||||
| 22 | the church is 65 feet. | ||||||
| 23 | (cc) Notwithstanding any provision of this Section to the | ||||||
| 24 | contrary, nothing in this Section shall prohibit the issuance | ||||||
| 25 | or renewal of a license authorizing the sale of alcoholic | ||||||
| 26 | liquor at a premises that is located within a municipality with | ||||||
| |||||||
| |||||||
| 1 | a population in excess of 1,000,000 inhabitants and within 100 | ||||||
| 2 | feet of a school if: | ||||||
| 3 | (1) the sale of alcoholic liquor is not the principal | ||||||
| 4 | business carried on by the licensee at the premises; | ||||||
| 5 | (2) the licensee shall only sell packaged liquors at | ||||||
| 6 | the premises; | ||||||
| 7 | (3) the licensee is a national retail chain; | ||||||
| 8 | (4) as of October 25, 2011, the licensee has 1,767 | ||||||
| 9 | stores operating nationwide, 87 stores operating in the | ||||||
| 10 | State, and 10 stores operating within the municipality; | ||||||
| 11 | (5) the licensee shall occupy approximately 124,000 | ||||||
| 12 | square feet of space in the basement and first and second | ||||||
| 13 | floors of a building located across the street from a | ||||||
| 14 | school; | ||||||
| 15 | (6) the school opened in August of 2009 and occupies | ||||||
| 16 | approximately 67,000 square feet of space; and | ||||||
| 17 | (7) the building in which the premises shall be located | ||||||
| 18 | has been listed on the National Register of Historic Places | ||||||
| 19 | since April 17, 1970. | ||||||
| 20 | (dd) Notwithstanding any provision in this Section to the | ||||||
| 21 | contrary, nothing in this Section shall prohibit the issuance | ||||||
| 22 | or renewal of a license authorizing the sale of alcoholic | ||||||
| 23 | liquor within a full-service grocery store at a premises that | ||||||
| 24 | is located within a municipality with a population in excess of | ||||||
| 25 | 1,000,000 inhabitants and is within 100 feet of a school if: | ||||||
| 26 | (1) the premises is constructed on land that was | ||||||
| |||||||
| |||||||
| 1 | purchased from the municipality at a fair market price; | ||||||
| 2 | (2) the premises is constructed on land that was | ||||||
| 3 | previously used as a parking facility for public safety | ||||||
| 4 | employees; | ||||||
| 5 | (3) the sale of alcoholic liquor is not the principal | ||||||
| 6 | business carried on by the licensee at the premises; | ||||||
| 7 | (4) the main entrance to the store is more than 100 | ||||||
| 8 | feet from the main entrance to the school; | ||||||
| 9 | (5) the premises is to be new construction; | ||||||
| 10 | (6) the school is a private school; | ||||||
| 11 | (7) the principal of the school has given written | ||||||
| 12 | approval for the license; | ||||||
| 13 | (8) the alderman of the ward where the premises is | ||||||
| 14 | located has given written approval of the issuance of the | ||||||
| 15 | license; | ||||||
| 16 | (9) the grocery store level of the premises is between | ||||||
| 17 | 60,000 and 70,000 square feet; and | ||||||
| 18 | (10) the owner and operator of the grocery store | ||||||
| 19 | operates 2 other grocery stores that have alcoholic liquor | ||||||
| 20 | licenses within the same municipality. | ||||||
| 21 | (ee) Notwithstanding any provision in this Section to the | ||||||
| 22 | contrary, nothing in this Section shall prohibit the issuance | ||||||
| 23 | or renewal of a license authorizing the sale of alcoholic | ||||||
| 24 | liquor within a full-service grocery store at a premises that | ||||||
| 25 | is located within a municipality with a population in excess of | ||||||
| 26 | 1,000,000 inhabitants and is within 100 feet of a school if: | ||||||
| |||||||
| |||||||
| 1 | (1) the premises is constructed on land that once | ||||||
| 2 | contained an industrial steel facility; | ||||||
| 3 | (2) the premises is located on land that has undergone | ||||||
| 4 | environmental remediation; | ||||||
| 5 | (3) the premises is located within a retail complex | ||||||
| 6 | containing retail stores where some of the stores sell | ||||||
| 7 | alcoholic beverages; | ||||||
| 8 | (4) the principal activity of any restaurant in the | ||||||
| 9 | retail complex is the sale of food, and the sale of | ||||||
| 10 | alcoholic liquor is incidental to the sale of food; | ||||||
| 11 | (5) the sale of alcoholic liquor is not the principal | ||||||
| 12 | business carried on by the grocery store; | ||||||
| 13 | (6) the entrance to any business that sells alcoholic | ||||||
| 14 | liquor is more than 100 feet from the entrance to the | ||||||
| 15 | school; | ||||||
| 16 | (7) the alderman of the ward where the premises is | ||||||
| 17 | located has given written approval of the issuance of the | ||||||
| 18 | license; and | ||||||
| 19 | (8) the principal of the school has given written | ||||||
| 20 | consent to the issuance of the license. | ||||||
| 21 | (ff) Notwithstanding any provision of this Section to the | ||||||
| 22 | contrary, nothing in this Section shall prohibit the issuance | ||||||
| 23 | or renewal of a license authorizing the sale of alcoholic | ||||||
| 24 | liquor at a premises that is located within a municipality with | ||||||
| 25 | a population in excess of 1,000,000 inhabitants and within 100 | ||||||
| 26 | feet of a school if: | ||||||
| |||||||
| |||||||
| 1 | (1) the sale of alcoholic liquor is not the principal | ||||||
| 2 | business carried on at the premises; | ||||||
| 3 | (2) the sale of alcoholic liquor at the premises is | ||||||
| 4 | incidental to the operation of a theater; | ||||||
| 5 | (3) the premises is a one and one-half-story building | ||||||
| 6 | of approximately 10,000 square feet; | ||||||
| 7 | (4) the school is a City of Chicago School District 299 | ||||||
| 8 | school; | ||||||
| 9 | (5) the primary entrance of the premises and the | ||||||
| 10 | primary entrance of the school are at least 300 feet apart | ||||||
| 11 | and no more than 400 feet apart; | ||||||
| 12 | (6) the alderman of the ward in which the premises is | ||||||
| 13 | located has expressed, in writing, his support for the | ||||||
| 14 | issuance of the license; and | ||||||
| 15 | (7) the principal of the school has expressed, in | ||||||
| 16 | writing, that there is no objection to the issuance of a | ||||||
| 17 | license under this subsection (ff). | ||||||
| 18 | (gg) Notwithstanding any provision of this Section to the | ||||||
| 19 | contrary, nothing in this Section shall prohibit the issuance | ||||||
| 20 | or renewal of a license authorizing the sale of alcoholic | ||||||
| 21 | liquor incidental to the sale of food within a restaurant or | ||||||
| 22 | banquet facility established in a premises that is located in a | ||||||
| 23 | municipality with a population in excess of 1,000,000 | ||||||
| 24 | inhabitants and within 100 feet of a church if: | ||||||
| 25 | (1) the sale of alcoholic liquor is not the principal | ||||||
| 26 | business carried on by the licensee at the premises; | ||||||
| |||||||
| |||||||
| 1 | (2) the property on which the church is located and the | ||||||
| 2 | property on which the premises are located are both within | ||||||
| 3 | a district originally listed on the National Register of | ||||||
| 4 | Historic Places on February 14, 1979; | ||||||
| 5 | (3) the property on which the premises are located | ||||||
| 6 | contains one or more multi-story buildings that are at | ||||||
| 7 | least 95 years old and have no more than three stories; | ||||||
| 8 | (4) the building in which the church is located is at | ||||||
| 9 | least 120 years old; | ||||||
| 10 | (5) the property on which the church is located is | ||||||
| 11 | immediately adjacent to and west of the property on which | ||||||
| 12 | the premises are located; | ||||||
| 13 | (6) the western boundary of the property on which the | ||||||
| 14 | premises are located is no less than 118 feet in length and | ||||||
| 15 | no more than 122 feet in length; | ||||||
| 16 | (7) as of December 31, 2012, both the church property | ||||||
| 17 | and the property on which the premises are located are | ||||||
| 18 | within 250 feet of City of Chicago Business-Residential | ||||||
| 19 | Planned Development Number 38; | ||||||
| 20 | (8) the principal religious leader at the place of | ||||||
| 21 | worship has indicated his or her support for the issuance | ||||||
| 22 | of the license in writing; and | ||||||
| 23 | (9) the alderman in whose district the premises are | ||||||
| 24 | located has expressed his or her support for the issuance | ||||||
| 25 | of the license in writing. | ||||||
| 26 | For the purposes of this subsection, "banquet facility" | ||||||
| |||||||
| |||||||
| 1 | means the part of the building that is located on the floor | ||||||
| 2 | above a restaurant and caters to private parties and where the | ||||||
| 3 | sale of alcoholic liquors is not the principal business. | ||||||
| 4 | (hh) Notwithstanding any provision of this Section to the | ||||||
| 5 | contrary, nothing in this Section shall prohibit the issuance | ||||||
| 6 | or renewal of a license authorizing the sale of alcoholic | ||||||
| 7 | liquor within a hotel and at an outdoor patio area attached to | ||||||
| 8 | the hotel that are located in a municipality with a population | ||||||
| 9 | in excess of 1,000,000 inhabitants and that are within 100 feet | ||||||
| 10 | of a hospital if: | ||||||
| 11 | (1) the sale of alcoholic liquor is not the principal | ||||||
| 12 | business carried on by the licensee at the hotel; | ||||||
| 13 | (2) the hotel is located within the City of Chicago | ||||||
| 14 | Business Planned Development Number 468; and | ||||||
| 15 | (3) the hospital is located within the City of Chicago | ||||||
| 16 | Institutional Planned Development Number 3. | ||||||
| 17 | (ii) Notwithstanding any provision of this Section to the | ||||||
| 18 | contrary, nothing in this Section shall prohibit the issuance | ||||||
| 19 | or renewal of a license authorizing the sale of alcoholic | ||||||
| 20 | liquor within a restaurant and at an outdoor patio area | ||||||
| 21 | attached to the restaurant that are located in a municipality | ||||||
| 22 | with a population in excess of 1,000,000 inhabitants and that | ||||||
| 23 | are within 100 feet of a church if: | ||||||
| 24 | (1) the sale of alcoholic liquor at the premises is not | ||||||
| 25 | the principal business carried on by the licensee and is | ||||||
| 26 | incidental to the sale of food; | ||||||
| |||||||
| |||||||
| 1 | (2) the restaurant has been operated on the street | ||||||
| 2 | level of a 2-story building located on a corner lot since | ||||||
| 3 | 2008; | ||||||
| 4 | (3) the restaurant is between 3,700 and 4,000 square | ||||||
| 5 | feet and sits on a lot that is no more than 6,200 square | ||||||
| 6 | feet; | ||||||
| 7 | (4) the primary entrance to the restaurant and the | ||||||
| 8 | primary entrance to the church are located on the same | ||||||
| 9 | street; | ||||||
| 10 | (5) the street on which the restaurant and the church | ||||||
| 11 | are located is a major east-west street; | ||||||
| 12 | (6) the restaurant and the church are separated by a | ||||||
| 13 | one-way northbound street; | ||||||
| 14 | (7) the church is located to the west of and no more | ||||||
| 15 | than 65 feet from the restaurant; and | ||||||
| 16 | (8) the principal religious leader at the place of | ||||||
| 17 | worship has indicated his or her consent to the issuance of | ||||||
| 18 | the license in writing. | ||||||
| 19 | (jj) Notwithstanding any provision of this Section to the | ||||||
| 20 | contrary, nothing in this Section shall prohibit the issuance | ||||||
| 21 | or renewal of a license authorizing the sale of alcoholic | ||||||
| 22 | liquor at premises located within a municipality with a | ||||||
| 23 | population in excess of 1,000,000 inhabitants and within 100 | ||||||
| 24 | feet of a church if: | ||||||
| 25 | (1) the sale of alcoholic liquor is not the principal | ||||||
| 26 | business carried on by the licensee at the premises; | ||||||
| |||||||
| |||||||
| 1 | (2) the sale of alcoholic liquor is incidental to the | ||||||
| 2 | sale of food; | ||||||
| 3 | (3) the premises are located east of the church, on | ||||||
| 4 | perpendicular streets, and separated by an alley; | ||||||
| 5 | (4) the distance between the primary entrance of the | ||||||
| 6 | premises and the primary entrance of the church is at least | ||||||
| 7 | 175 feet; | ||||||
| 8 | (5) the distance between the property line of the | ||||||
| 9 | premises and the property line of the church is at least 40 | ||||||
| 10 | feet; | ||||||
| 11 | (6) the licensee has been operating at the premises | ||||||
| 12 | since 2012; | ||||||
| 13 | (7) the church was constructed in 1904; | ||||||
| 14 | (8) the alderman of the ward in which the premises is | ||||||
| 15 | located has expressed, in writing, his or her support for | ||||||
| 16 | the issuance of the license; and | ||||||
| 17 | (9) the principal religious leader of the church has | ||||||
| 18 | delivered a written statement that he or she does not | ||||||
| 19 | object to the issuance of a license under this subsection | ||||||
| 20 | (jj). | ||||||
| 21 | (kk) Notwithstanding any provision of this Section to the | ||||||
| 22 | contrary, nothing in this Section shall prohibit the issuance | ||||||
| 23 | or renewal of a license authorizing the sale of alcoholic | ||||||
| 24 | liquor at a premises that is located within a municipality with | ||||||
| 25 | a population in excess of 1,000,000 inhabitants and within 100 | ||||||
| 26 | feet of a school if: | ||||||
| |||||||
| |||||||
| 1 | (1) the sale of alcoholic liquor is not the principal | ||||||
| 2 | business carried on by the licensee at the premises; | ||||||
| 3 | (2) the licensee shall only sell packaged liquors on | ||||||
| 4 | the premises; | ||||||
| 5 | (3) the licensee is a national retail chain; | ||||||
| 6 | (4) as of February 27, 2013, the licensee had 1,778 | ||||||
| 7 | stores operating nationwide, 89 operating in this State, | ||||||
| 8 | and 11 stores operating within the municipality; | ||||||
| 9 | (5) the licensee shall occupy approximately 169,048 | ||||||
| 10 | square feet of space within a building that is located | ||||||
| 11 | across the street from a tuition-based preschool; and | ||||||
| 12 | (6) the alderman of the ward in which the premises is | ||||||
| 13 | located has expressed, in writing, his or her support for | ||||||
| 14 | the issuance of the license. | ||||||
| 15 | (ll) Notwithstanding any provision of this Section to the | ||||||
| 16 | contrary, nothing in this Section shall prohibit the issuance | ||||||
| 17 | or renewal of a license authorizing the sale of alcoholic | ||||||
| 18 | liquor at a premises that is located within a municipality with | ||||||
| 19 | a population in excess of 1,000,000 inhabitants and within 100 | ||||||
| 20 | feet of a school if: | ||||||
| 21 | (1) the sale of alcoholic liquor is not the principal | ||||||
| 22 | business carried on by the licensee at the premises; | ||||||
| 23 | (2) the licensee shall only sell packaged liquors on | ||||||
| 24 | the premises; | ||||||
| 25 | (3) the licensee is a national retail chain; | ||||||
| 26 | (4) as of February 27, 2013, the licensee had 1,778 | ||||||
| |||||||
| |||||||
| 1 | stores operating nationwide, 89 operating in this State, | ||||||
| 2 | and 11 stores operating within the municipality; | ||||||
| 3 | (5) the licensee shall occupy approximately 191,535 | ||||||
| 4 | square feet of space within a building that is located | ||||||
| 5 | across the street from an elementary school; and | ||||||
| 6 | (6) the alderman of the ward in which the premises is | ||||||
| 7 | located has expressed, in writing, his or her support for | ||||||
| 8 | the issuance of the license. | ||||||
| 9 | (mm) Notwithstanding any provision of this Section to the | ||||||
| 10 | contrary, nothing in this Section shall prohibit the issuance | ||||||
| 11 | or renewal of a license authorizing the sale of alcoholic | ||||||
| 12 | liquor within premises and at an outdoor patio or sidewalk | ||||||
| 13 | cafe, or both, attached to premises that are located in a | ||||||
| 14 | municipality with a population in excess of 1,000,000 | ||||||
| 15 | inhabitants and that are within 100 feet of a hospital if: | ||||||
| 16 | (1) the primary business of the restaurant consists of | ||||||
| 17 | the sale of food where the sale of liquor is incidental to | ||||||
| 18 | the sale of food; | ||||||
| 19 | (2) as a restaurant, the premises may or may not offer | ||||||
| 20 | catering as an incidental part of food service; | ||||||
| 21 | (3) the primary business of the restaurant is conducted | ||||||
| 22 | in space owned by a hospital or an entity owned or | ||||||
| 23 | controlled by, under common control with, or that controls | ||||||
| 24 | a hospital, and the chief hospital administrator has | ||||||
| 25 | expressed his or her support for the issuance of the | ||||||
| 26 | license in writing; and | ||||||
| |||||||
| |||||||
| 1 | (4) the hospital is an adult acute care facility | ||||||
| 2 | primarily located within the City of Chicago Institutional | ||||||
| 3 | Planned Development Number 3. | ||||||
| 4 | (nn) Notwithstanding any provision of this Section to the | ||||||
| 5 | contrary, nothing in this Section shall prohibit the issuance | ||||||
| 6 | or renewal of a license authorizing the sale of alcoholic | ||||||
| 7 | liquor at a premises that is located within a municipality with | ||||||
| 8 | a population in excess of 1,000,000 inhabitants and within 100 | ||||||
| 9 | feet of a church if: | ||||||
| 10 | (1) the sale of alcoholic liquor is not the principal | ||||||
| 11 | business carried out on the premises; | ||||||
| 12 | (2) the sale of alcoholic liquor at the premises is | ||||||
| 13 | incidental to the operation of a theater; | ||||||
| 14 | (3) the premises are a building that was constructed in | ||||||
| 15 | 1913 and opened on May 24, 1915 as a vaudeville theater, | ||||||
| 16 | and the premises were converted to a motion picture theater | ||||||
| 17 | in 1935; | ||||||
| 18 | (4) the church was constructed in 1889 with a stone | ||||||
| 19 | exterior; | ||||||
| 20 | (5) the primary entrance of the premises and the | ||||||
| 21 | primary entrance of the church are at least 100 feet apart; | ||||||
| 22 | and | ||||||
| 23 | (6) the principal religious leader at the place of | ||||||
| 24 | worship has indicated his or her consent to the issuance of | ||||||
| 25 | the license in writing; and | ||||||
| 26 | (7) the alderman in whose ward the premises are located | ||||||
| |||||||
| |||||||
| 1 | has expressed his or her support for the issuance of the | ||||||
| 2 | license in writing. | ||||||
| 3 | (oo) Notwithstanding any provision of this Section to the | ||||||
| 4 | contrary, nothing in this Section shall prohibit the issuance | ||||||
| 5 | or renewal of a license authorizing the sale of alcoholic | ||||||
| 6 | liquor at a premises that is located within a municipality with | ||||||
| 7 | a population in excess of 1,000,000 inhabitants and within 100 | ||||||
| 8 | feet of a mosque, church, or other place of worship if: | ||||||
| 9 | (1) the primary entrance of the premises and the | ||||||
| 10 | primary entrance of the mosque, church, or other place of | ||||||
| 11 | worship are perpendicular and are on different streets; | ||||||
| 12 | (2) the primary entrance to the premises faces West and | ||||||
| 13 | the primary entrance to the mosque, church, or other place | ||||||
| 14 | of worship faces South; | ||||||
| 15 | (3) the distance between the 2 primary entrances is at | ||||||
| 16 | least 100 feet; | ||||||
| 17 | (4) the mosque, church, or other place of worship was | ||||||
| 18 | established in a location within 100 feet of the premises | ||||||
| 19 | after a license for the sale of alcohol at the premises was | ||||||
| 20 | first issued; | ||||||
| 21 | (5) the mosque, church, or other place of worship was | ||||||
| 22 | established on or around January 1, 2011; | ||||||
| 23 | (6) a license for the sale of alcohol at the premises | ||||||
| 24 | was first issued on or before January 1, 1985; | ||||||
| 25 | (7) a license for the sale of alcohol at the premises | ||||||
| 26 | has been continuously in effect since January 1, 1985, | ||||||
| |||||||
| |||||||
| 1 | except for interruptions between licenses of no more than | ||||||
| 2 | 90 days; and | ||||||
| 3 | (8) the premises are a single-story, single-use | ||||||
| 4 | building of at least 3,000 square feet and no more than | ||||||
| 5 | 3,380 square feet. | ||||||
| 6 | (pp) Notwithstanding any provision of this Section to the | ||||||
| 7 | contrary, nothing in this Section shall prohibit the issuance | ||||||
| 8 | or renewal of a license authorizing the sale of alcoholic | ||||||
| 9 | liquor incidental to the sale of food within a restaurant or | ||||||
| 10 | banquet facility established on premises that are located in a | ||||||
| 11 | municipality with a population in excess of 1,000,000 | ||||||
| 12 | inhabitants and within 100 feet of at least one church if: | ||||||
| 13 | (1) the sale of liquor shall not be the principal | ||||||
| 14 | business carried on by the licensee at the premises; | ||||||
| 15 | (2) the premises are at least 2,000 square feet and no | ||||||
| 16 | more than 10,000 square feet and is located in a | ||||||
| 17 | single-story building; | ||||||
| 18 | (3) the property on which the premises are located is | ||||||
| 19 | within an area that, as of 2009, was designated as a | ||||||
| 20 | Renewal Community by the United States Department of | ||||||
| 21 | Housing and Urban Development; | ||||||
| 22 | (4) the property on which the premises are located and | ||||||
| 23 | the properties on which the churches are located are on the | ||||||
| 24 | same street; | ||||||
| 25 | (5) the property on which the premises are located is | ||||||
| 26 | immediately adjacent to and east of the property on which | ||||||
| |||||||
| |||||||
| 1 | at least one of the churches is located; | ||||||
| 2 | (6) the property on which the premises are located is | ||||||
| 3 | across the street and southwest of the property on which | ||||||
| 4 | another church is located; | ||||||
| 5 | (7) the principal religious leaders of the churches | ||||||
| 6 | have indicated their support for the issuance of the | ||||||
| 7 | license in writing; and | ||||||
| 8 | (8) the alderman in whose ward the premises are located | ||||||
| 9 | has expressed his or her support for the issuance of the | ||||||
| 10 | license in writing. | ||||||
| 11 | For purposes of this subsection (pp), "banquet facility" | ||||||
| 12 | means the part of the building that caters to private parties | ||||||
| 13 | and where the sale of alcoholic liquors is not the principal | ||||||
| 14 | business. | ||||||
| 15 | (qq) Notwithstanding any provision of this Section to the | ||||||
| 16 | contrary, nothing in this Section shall prohibit the issuance | ||||||
| 17 | or renewal of a license authorizing the sale of alcoholic | ||||||
| 18 | liquor on premises that are located within a municipality with | ||||||
| 19 | a population in excess of 1,000,000 inhabitants and within 100 | ||||||
| 20 | feet of a church or school if: | ||||||
| 21 | (1) the primary entrance of the premises and the | ||||||
| 22 | closest entrance of the church or school are at least 200 | ||||||
| 23 | feet apart and no greater than 300 feet apart; | ||||||
| 24 | (2) the shortest distance between the premises and the | ||||||
| 25 | church or school is at least 66 feet apart and no greater | ||||||
| 26 | than 81 feet apart; | ||||||
| |||||||
| |||||||
| 1 | (3) the premises are a single-story, steel-framed | ||||||
| 2 | commercial building with at least 18,042 square feet, and | ||||||
| 3 | was constructed in 1925 and 1997; | ||||||
| 4 | (4) the owner of the business operated within the | ||||||
| 5 | premises has been the general manager of a similar | ||||||
| 6 | supermarket within one mile from the premises, which has | ||||||
| 7 | had a valid license authorizing the sale of alcoholic | ||||||
| 8 | liquor since 2002, and is in good standing with the City of | ||||||
| 9 | Chicago; | ||||||
| 10 | (5) the principal religious leader at the place of | ||||||
| 11 | worship has indicated his or her support to the issuance or | ||||||
| 12 | renewal of the license in writing; | ||||||
| 13 | (6) the alderman of the ward has indicated his or her | ||||||
| 14 | support to the issuance or renewal of the license in | ||||||
| 15 | writing; and | ||||||
| 16 | (7) the principal of the school has indicated his or | ||||||
| 17 | her support to the issuance or renewal of the license in | ||||||
| 18 | writing. | ||||||
| 19 | (rr) Notwithstanding any provision of this Section to the | ||||||
| 20 | contrary, nothing in this Section shall prohibit the issuance | ||||||
| 21 | or renewal of a license authorizing the sale of alcoholic | ||||||
| 22 | liquor at premises located within a municipality with a | ||||||
| 23 | population in excess of 1,000,000 inhabitants and within 100 | ||||||
| 24 | feet of a club that leases space to a school if: | ||||||
| 25 | (1) the sale of alcoholic liquor is not the principal | ||||||
| 26 | business carried out on the premises; | ||||||
| |||||||
| |||||||
| 1 | (2) the sale of alcoholic liquor at the premises is | ||||||
| 2 | incidental to the operation of a grocery store; | ||||||
| 3 | (3) the premises are a building of approximately 1,750 | ||||||
| 4 | square feet and is rented by the owners of the grocery | ||||||
| 5 | store from a family member; | ||||||
| 6 | (4) the property line of the premises is approximately | ||||||
| 7 | 68 feet from the property line of the club; | ||||||
| 8 | (5) the primary entrance of the premises and the | ||||||
| 9 | primary entrance of the club where the school leases space | ||||||
| 10 | are at least 100 feet apart; | ||||||
| 11 | (6) the director of the club renting space to the | ||||||
| 12 | school has indicated his or her consent to the issuance of | ||||||
| 13 | the license in writing; and | ||||||
| 14 | (7) the alderman in whose district the premises are | ||||||
| 15 | located has expressed his or her support for the issuance | ||||||
| 16 | of the license in writing. | ||||||
| 17 | (ss) Notwithstanding any provision of this Section to the | ||||||
| 18 | contrary, nothing in this Section shall prohibit the issuance | ||||||
| 19 | or renewal of a license authorizing the sale of alcoholic | ||||||
| 20 | liquor at premises located within a municipality with a | ||||||
| 21 | population in excess of 1,000,000 inhabitants and within 100 | ||||||
| 22 | feet of a church if: | ||||||
| 23 | (1) the premises are located within a 15 unit building | ||||||
| 24 | with 13 residential apartments and 2 commercial spaces, and | ||||||
| 25 | the licensee will occupy both commercial spaces; | ||||||
| 26 | (2) a restaurant has been operated on the premises | ||||||
| |||||||
| |||||||
| 1 | since June 2011; | ||||||
| 2 | (3) the restaurant currently occupies 1,075 square | ||||||
| 3 | feet, but will be expanding to include 975 additional | ||||||
| 4 | square feet; | ||||||
| 5 | (4) the sale of alcoholic liquor is not the principal | ||||||
| 6 | business carried on by the licensee at the premises; | ||||||
| 7 | (5) the premises are located south of the church and on | ||||||
| 8 | the same street and are separated by a one-way westbound | ||||||
| 9 | street; | ||||||
| 10 | (6) the primary entrance of the premises is at least 93 | ||||||
| 11 | feet from the primary entrance of the church; | ||||||
| 12 | (7) the shortest distance between any part of the | ||||||
| 13 | premises and any part of the church is at least 72 feet; | ||||||
| 14 | (8) the building in which the restaurant is located was | ||||||
| 15 | built in 1910; | ||||||
| 16 | (9) the alderman of the ward in which the premises are | ||||||
| 17 | located has expressed, in writing, his or her support for | ||||||
| 18 | the issuance of the license; and | ||||||
| 19 | (10) the principal religious leader of the church has | ||||||
| 20 | delivered a written statement that he or she does not | ||||||
| 21 | object to the issuance of a license under this subsection | ||||||
| 22 | (ss). | ||||||
| 23 | (tt) Notwithstanding any provision of this Section to the | ||||||
| 24 | contrary, nothing in this Section shall prohibit the issuance | ||||||
| 25 | or renewal of a license authorizing the sale of alcoholic | ||||||
| 26 | liquor at premises located within a municipality with a | ||||||
| |||||||
| |||||||
| 1 | population in excess of 1,000,000 inhabitants and within 100 | ||||||
| 2 | feet of a church if: | ||||||
| 3 | (1) the sale of alcoholic liquor is not the principal | ||||||
| 4 | business carried on by the licensee at the premises; | ||||||
| 5 | (2) the sale of alcoholic liquor is incidental to the | ||||||
| 6 | sale of food; | ||||||
| 7 | (3) the sale of alcoholic liquor at the premises was | ||||||
| 8 | previously authorized by a package goods liquor license; | ||||||
| 9 | (4) the premises are at least 40,000 square feet with | ||||||
| 10 | 25 parking spaces in the contiguous surface lot to the | ||||||
| 11 | north of the store and 93 parking spaces on the roof; | ||||||
| 12 | (5) the shortest distance between the lot line of the | ||||||
| 13 | parking lot of the premises and the exterior wall of the | ||||||
| 14 | church is at least 80 feet; | ||||||
| 15 | (6) the distance between the building in which the | ||||||
| 16 | church is located and the building in which the premises | ||||||
| 17 | are located is at least 180 feet; | ||||||
| 18 | (7) the main entrance to the church faces west and is | ||||||
| 19 | at least 257 feet from the main entrance of the premises; | ||||||
| 20 | and | ||||||
| 21 | (8) the applicant is the owner of 10 similar grocery | ||||||
| 22 | stores within the City of Chicago and the surrounding area | ||||||
| 23 | and has been in business for more than 30 years. | ||||||
| 24 | (uu) Notwithstanding any provision of this Section to the | ||||||
| 25 | contrary, nothing in this Section shall prohibit the issuance | ||||||
| 26 | or renewal of a license authorizing the sale of alcoholic | ||||||
| |||||||
| |||||||
| 1 | liquor at premises located within a municipality with a | ||||||
| 2 | population in excess of 1,000,000 inhabitants and within 100 | ||||||
| 3 | feet of a church if: | ||||||
| 4 | (1) the sale of alcoholic liquor is not the principal | ||||||
| 5 | business carried on by the licensee at the premises; | ||||||
| 6 | (2) the sale of alcoholic liquor is incidental to the | ||||||
| 7 | operation of a grocery store; | ||||||
| 8 | (3) the premises are located in a building that is | ||||||
| 9 | approximately 68,000 square feet with 157 parking spaces on | ||||||
| 10 | property that was previously vacant land; | ||||||
| 11 | (4) the main entrance to the church faces west and is | ||||||
| 12 | at least 500 feet from the entrance of the premises, which | ||||||
| 13 | faces north; | ||||||
| 14 | (5) the church and the premises are separated by an | ||||||
| 15 | alley; | ||||||
| 16 | (6) the applicant is the owner of 9 similar grocery | ||||||
| 17 | stores in the City of Chicago and the surrounding area and | ||||||
| 18 | has been in business for more than 40 years; and | ||||||
| 19 | (7) the alderman of the ward in which the premises are | ||||||
| 20 | located has expressed, in writing, his or her support for | ||||||
| 21 | the issuance of the license. | ||||||
| 22 | (vv) Notwithstanding any provision of this Section to the | ||||||
| 23 | contrary, nothing in this Section shall prohibit the issuance | ||||||
| 24 | or renewal of a license authorizing the sale of alcoholic | ||||||
| 25 | liquor at premises located within a municipality with a | ||||||
| 26 | population in excess of 1,000,000 inhabitants and within 100 | ||||||
| |||||||
| |||||||
| 1 | feet of a church if: | ||||||
| 2 | (1) the sale of alcoholic liquor is the principal | ||||||
| 3 | business carried on by the licensee at the premises; | ||||||
| 4 | (2) the sale of alcoholic liquor is primary to the sale | ||||||
| 5 | of food; | ||||||
| 6 | (3) the premises are located south of the church and on | ||||||
| 7 | perpendicular streets and are separated by a driveway; | ||||||
| 8 | (4) the primary entrance of the premises is at least | ||||||
| 9 | 100 feet from the primary entrance of the church; | ||||||
| 10 | (5) the shortest distance between any part of the | ||||||
| 11 | premises and any part of the church is at least 15 feet; | ||||||
| 12 | (6) the premises are less than 100 feet from the church | ||||||
| 13 | center, but greater than 100 feet from the area within the | ||||||
| 14 | building where church services are held; | ||||||
| 15 | (7) the premises are 25,830 square feet and sit on a | ||||||
| 16 | lot that is 0.48 acres; | ||||||
| 17 | (8) the premises were once designated as a Korean | ||||||
| 18 | American Presbyterian Church and were once used as a | ||||||
| 19 | Masonic Temple; | ||||||
| 20 | (9) the premises were built in 1910; | ||||||
| 21 | (10) the alderman of the ward in which the premises are | ||||||
| 22 | located has expressed, in writing, his or her support for | ||||||
| 23 | the issuance of the license; and | ||||||
| 24 | (11) the principal religious leader of the church has | ||||||
| 25 | delivered a written statement that he or she does not | ||||||
| 26 | object to the issuance of a license under this subsection | ||||||
| |||||||
| |||||||
| 1 | (vv). | ||||||
| 2 | For the purposes of this subsection (vv), "premises" means | ||||||
| 3 | a place of business together with a privately owned outdoor | ||||||
| 4 | location that is adjacent to the place of business.
| ||||||
| 5 | (ww) Notwithstanding any provision of this Section to the
| ||||||
| 6 | contrary, nothing in this Section shall prohibit the issuance
| ||||||
| 7 | or renewal of a license authorizing the sale of alcoholic
| ||||||
| 8 | liquor at premises located within a municipality with a
| ||||||
| 9 | population in excess of 1,000,000 inhabitants and within 100
| ||||||
| 10 | feet of a school if: | ||||||
| 11 | (1) the school is located within Sub Area III of City | ||||||
| 12 | of Chicago Residential-Business Planned Development Number | ||||||
| 13 | 523, as amended; and | ||||||
| 14 | (2) the premises are located within Sub Area I, Sub | ||||||
| 15 | Area II, or Sub Area IV of City of Chicago | ||||||
| 16 | Residential-Business Planned Development Number 523, as | ||||||
| 17 | amended. | ||||||
| 18 | (xx) Notwithstanding any provision of this Section to the | ||||||
| 19 | contrary, nothing in this Section shall prohibit the issuance | ||||||
| 20 | or renewal of a license authorizing the sale of alcoholic | ||||||
| 21 | liquor at premises located within a municipality with a | ||||||
| 22 | population in excess of 1,000,000 inhabitants and within 100 | ||||||
| 23 | feet of a church if: | ||||||
| 24 | (1) the sale of wine or wine-related products is the | ||||||
| 25 | exclusive business carried on by the licensee at the | ||||||
| 26 | premises; | ||||||
| |||||||
| |||||||
| 1 | (2) the primary entrance of the premises and the | ||||||
| 2 | primary entrance of the church are at least 100 feet apart | ||||||
| 3 | and are located on different streets; | ||||||
| 4 | (3) the building in which the premises are located and | ||||||
| 5 | the building in which the church is located are separated | ||||||
| 6 | by an alley; | ||||||
| 7 | (4) the premises consists of less than 2,000 square | ||||||
| 8 | feet of floor area dedicated to the sale of wine or | ||||||
| 9 | wine-related products; | ||||||
| 10 | (5) the premises are located on the first floor of a | ||||||
| 11 | 2-story building that is at least 99 years old and has a | ||||||
| 12 | residential unit on the second floor; and | ||||||
| 13 | (6) the principal religious leader at the church has | ||||||
| 14 | indicated his or her support for the issuance or renewal of | ||||||
| 15 | the license in writing. | ||||||
| 16 | (yy) Notwithstanding any provision of this Section to the | ||||||
| 17 | contrary, nothing in this Section shall prohibit the issuance | ||||||
| 18 | or renewal of a license authorizing the sale of alcoholic | ||||||
| 19 | liquor at premises located within a municipality with a | ||||||
| 20 | population in excess of 1,000,000 inhabitants and within 100 | ||||||
| 21 | feet of a church if: | ||||||
| 22 | (1) the premises are a 27-story hotel containing 191 | ||||||
| 23 | guest rooms; | ||||||
| 24 | (2) the sale of alcoholic liquor is not the principal | ||||||
| 25 | business carried on by the licensee at the premises and is | ||||||
| 26 | limited to a restaurant located on the first floor of the | ||||||
| |||||||
| |||||||
| 1 | hotel; | ||||||
| 2 | (3) the hotel is adjacent to the church; | ||||||
| 3 | (4) the site is zoned as DX-16; | ||||||
| 4 | (5) the principal religious leader of the church has | ||||||
| 5 | delivered a written statement that he or she does not | ||||||
| 6 | object to the issuance of a license under this subsection | ||||||
| 7 | (yy); and | ||||||
| 8 | (6) the alderman of the ward in which the premises are | ||||||
| 9 | located has expressed, in writing, his or her support for | ||||||
| 10 | the issuance of the license. | ||||||
| 11 | (zz) Notwithstanding any provision of this Section to the | ||||||
| 12 | contrary, nothing in this Section shall prohibit the issuance | ||||||
| 13 | or renewal of a license authorizing the sale of alcoholic | ||||||
| 14 | liquor at premises located within a municipality with a | ||||||
| 15 | population in excess of 1,000,000 inhabitants and within 100 | ||||||
| 16 | feet of a church if: | ||||||
| 17 | (1) the premises are a 15-story hotel containing 143 | ||||||
| 18 | guest rooms; | ||||||
| 19 | (2) the premises are approximately 85,691 square feet; | ||||||
| 20 | (3) a restaurant is operated on the premises; | ||||||
| 21 | (4) the restaurant is located in the first floor lobby | ||||||
| 22 | of the hotel; | ||||||
| 23 | (5) the sale of alcoholic liquor is not the principal | ||||||
| 24 | business carried on by the licensee at the premises; | ||||||
| 25 | (6) the hotel is located approximately 50 feet from the | ||||||
| 26 | church and is separated from the church by a public street | ||||||
| |||||||
| |||||||
| 1 | on the ground level and by air space on the upper level, | ||||||
| 2 | which is where the public entrances are located; | ||||||
| 3 | (7) the site is zoned as DX-16; | ||||||
| 4 | (8) the principal religious leader of the church has | ||||||
| 5 | delivered a written statement that he or she does not | ||||||
| 6 | object to the issuance of a license under this subsection | ||||||
| 7 | (zz); and | ||||||
| 8 | (9) the alderman of the ward in which the premises are | ||||||
| 9 | located has expressed, in writing, his or her support for | ||||||
| 10 | the issuance of the license. | ||||||
| 11 | (aaa) Notwithstanding any provision in this Section to the | ||||||
| 12 | contrary, nothing in this Section shall prohibit the issuance | ||||||
| 13 | or renewal of a license authorizing the sale of alcoholic | ||||||
| 14 | liquor within a full-service grocery store at premises located | ||||||
| 15 | within a municipality with a population in excess of 1,000,000 | ||||||
| 16 | inhabitants and within 100 feet of a school if: | ||||||
| 17 | (1) the sale of alcoholic liquor is not the primary | ||||||
| 18 | business activity of the grocery store; | ||||||
| 19 | (2) the premises are newly constructed on land that was | ||||||
| 20 | formerly used by the Young Men's Christian Association; | ||||||
| 21 | (3) the grocery store is located within a planned | ||||||
| 22 | development that was approved by the municipality in 2007; | ||||||
| 23 | (4) the premises are located in a multi-building, | ||||||
| 24 | mixed-use complex; | ||||||
| 25 | (5) the entrance to the grocery store is located more | ||||||
| 26 | than 200 feet from the entrance to the school; | ||||||
| |||||||
| |||||||
| 1 | (6) the entrance to the grocery store is located across | ||||||
| 2 | the street from the back of the school building, which is | ||||||
| 3 | not used for student or public access; | ||||||
| 4 | (7) the grocery store executed a binding lease for the | ||||||
| 5 | property in 2008; | ||||||
| 6 | (8) the premises consist of 2 levels and occupy more | ||||||
| 7 | than 80,000 square feet; | ||||||
| 8 | (9) the owner and operator of the grocery store | ||||||
| 9 | operates at least 10 other grocery stores that have | ||||||
| 10 | alcoholic liquor licenses within the same municipality; | ||||||
| 11 | and | ||||||
| 12 | (10) the director of the school has expressed, in | ||||||
| 13 | writing, his or her support for the issuance of the | ||||||
| 14 | license. | ||||||
| 15 | (bbb) Notwithstanding any provision of this Section to the | ||||||
| 16 | contrary, nothing in this Section shall prohibit the issuance | ||||||
| 17 | or renewal of a license authorizing the sale of alcoholic | ||||||
| 18 | liquor at premises located within a municipality with a | ||||||
| 19 | population in excess of 1,000,000 inhabitants and within 100 | ||||||
| 20 | feet of a church if: | ||||||
| 21 | (1) the sale of alcoholic liquor at the premises is | ||||||
| 22 | incidental to the sale of food; | ||||||
| 23 | (2) the premises are located in a single-story building | ||||||
| 24 | of primarily brick construction containing at least 6 | ||||||
| 25 | commercial units constructed before 1940; | ||||||
| 26 | (3) the premises are located in a B3-2 zoning district; | ||||||
| |||||||
| |||||||
| 1 | (4) the premises are less than 4,000 square feet; | ||||||
| 2 | (5) the church established its congregation in 1891 and | ||||||
| 3 | completed construction of the church building in 1990; | ||||||
| 4 | (6) the premises are located south of the church; | ||||||
| 5 | (7) the premises and church are located on the same | ||||||
| 6 | street and are separated by a one-way westbound street; and | ||||||
| 7 | (8) the principal religious leader of the church has | ||||||
| 8 | not indicated his or her opposition to the issuance or | ||||||
| 9 | renewal of the license in writing. | ||||||
| 10 | (ccc) Notwithstanding any provision of this Section to the | ||||||
| 11 | contrary, nothing in this Section shall prohibit the issuance | ||||||
| 12 | or renewal of a license authorizing the sale of alcoholic | ||||||
| 13 | liquor within a full-service grocery store at premises located | ||||||
| 14 | within a municipality with a population in excess of 1,000,000 | ||||||
| 15 | inhabitants and within 100 feet of a church and school if: | ||||||
| 16 | (1) as of March 14, 2007, the premises are located in a | ||||||
| 17 | City of Chicago Residential-Business Planned Development | ||||||
| 18 | No. 1052; | ||||||
| 19 | (2) the sale of alcoholic liquor is not the principal | ||||||
| 20 | business carried on by the licensee at the premises; | ||||||
| 21 | (3) the sale of alcoholic liquor is incidental to the | ||||||
| 22 | operation of a grocery store and comprises no more than 10% | ||||||
| 23 | of the total in-store sales; | ||||||
| 24 | (4) the owner and operator of the grocery store | ||||||
| 25 | operates at least 10 other grocery stores that have | ||||||
| 26 | alcoholic liquor licenses within the same municipality; | ||||||
| |||||||
| |||||||
| 1 | (5) the premises are new construction when the license | ||||||
| 2 | is first issued; | ||||||
| 3 | (6) the constructed premises are to be no less than | ||||||
| 4 | 50,000 square feet; | ||||||
| 5 | (7) the school is a private church-affiliated school; | ||||||
| 6 | (8) the premises and the property containing the church | ||||||
| 7 | and church-affiliated school are located on perpendicular | ||||||
| 8 | streets and the school and church are adjacent to one | ||||||
| 9 | another; | ||||||
| 10 | (9) the pastor of the church and school has expressed, | ||||||
| 11 | in writing, support for the issuance of the license; and | ||||||
| 12 | (10) the alderman of the ward in which the premises are | ||||||
| 13 | located has expressed, in writing, his or her support for | ||||||
| 14 | the issuance of the license. | ||||||
| 15 | (ddd) Notwithstanding any provision of this Section to the | ||||||
| 16 | contrary, nothing in this Section shall prohibit the issuance | ||||||
| 17 | or renewal of a license authorizing the sale of alcoholic | ||||||
| 18 | liquor at premises located within a municipality with a | ||||||
| 19 | population in excess of 1,000,000 inhabitants and within 100 | ||||||
| 20 | feet of a church or school if: | ||||||
| 21 | (1) the business has been issued a license from the | ||||||
| 22 | municipality to allow the business to operate a theater on | ||||||
| 23 | the premises; | ||||||
| 24 | (2) the theater has less than 200 seats; | ||||||
| 25 | (3) the premises are approximately 2,700 to 3,100 | ||||||
| 26 | square feet of space; | ||||||
| |||||||
| |||||||
| 1 | (4) the premises are located to the north of the | ||||||
| 2 | church; | ||||||
| 3 | (5) the primary entrance of the premises and the | ||||||
| 4 | primary entrance of any church within 100 feet of the | ||||||
| 5 | premises are located either on a different street or across | ||||||
| 6 | a right-of-way from the premises; | ||||||
| 7 | (6) the primary entrance of the premises and the | ||||||
| 8 | primary entrance of any school within 100 feet of the | ||||||
| 9 | premises are located either on a different street or across | ||||||
| 10 | a right-of-way from the premises; | ||||||
| 11 | (7) the premises are located in a building that is at | ||||||
| 12 | least 100 years old; and | ||||||
| 13 | (8) any church or school located within 100 feet of the | ||||||
| 14 | premises has indicated its support for the issuance or | ||||||
| 15 | renewal of the license to the premises in writing. | ||||||
| 16 | (eee) Notwithstanding any provision of this Section to the | ||||||
| 17 | contrary, nothing in this Section shall prohibit the issuance | ||||||
| 18 | or renewal of a license authorizing the sale of alcoholic | ||||||
| 19 | liquor at premises located within a municipality with a | ||||||
| 20 | population in excess of 1,000,000 inhabitants and within 100 | ||||||
| 21 | feet of a church and school if: | ||||||
| 22 | (1) the sale of alcoholic liquor is incidental to the | ||||||
| 23 | sale of food; | ||||||
| 24 | (2) the sale of alcoholic liquor is not the principal | ||||||
| 25 | business carried on by the applicant on the premises; | ||||||
| 26 | (3) a family-owned restaurant has operated on the | ||||||
| |||||||
| |||||||
| 1 | premises since 1957; | ||||||
| 2 | (4) the premises occupy the first floor of a 3-story | ||||||
| 3 | building that is at least 90 years old; | ||||||
| 4 | (5) the distance between the property line of the | ||||||
| 5 | premises and the property line of the church is at least 20 | ||||||
| 6 | feet; | ||||||
| 7 | (6) the church was established at its current location | ||||||
| 8 | and the present structure was erected before 1900; | ||||||
| 9 | (7) the primary entrance of the premises is at least 75 | ||||||
| 10 | feet from the primary entrance of the church; | ||||||
| 11 | (8) the school is affiliated with the church; | ||||||
| 12 | (9) the principal religious leader at the place of | ||||||
| 13 | worship has indicated his or her support for the issuance | ||||||
| 14 | of the license in writing; | ||||||
| 15 | (10) the principal of the school has indicated in | ||||||
| 16 | writing that he or she is not opposed to the issuance of | ||||||
| 17 | the license; and | ||||||
| 18 | (11) the alderman of the ward in which the premises are | ||||||
| 19 | located has expressed, in writing, his or her lack of an | ||||||
| 20 | objection to the issuance of the license. | ||||||
| 21 | (fff) (yy) Notwithstanding any provision of this Section to | ||||||
| 22 | the contrary, nothing in this Section shall prohibit the | ||||||
| 23 | issuance or renewal of a license authorizing the sale of | ||||||
| 24 | alcoholic liquor at premises located within a municipality with | ||||||
| 25 | a population in excess of 1,000,000 inhabitants and within 100 | ||||||
| 26 | feet of a church if: | ||||||
| |||||||
| |||||||
| 1 | (1) the sale of alcoholic liquor is not the principal | ||||||
| 2 | business carried on by the licensee at the premises; | ||||||
| 3 | (2) the sale of alcoholic liquor at the premises is | ||||||
| 4 | incidental to the operation of a grocery store; | ||||||
| 5 | (3) the premises are a one-story building containing | ||||||
| 6 | approximately 10,000 square feet and are rented by the | ||||||
| 7 | owners of the grocery store; | ||||||
| 8 | (4) the sale of alcoholic liquor at the premises occurs | ||||||
| 9 | in a retail area of the grocery store that is approximately | ||||||
| 10 | 3,500 square feet; | ||||||
| 11 | (5) the grocery store has operated at the location | ||||||
| 12 | since 1984; | ||||||
| 13 | (6) the grocery store is closed on Sundays; | ||||||
| 14 | (7) the property on which the premises are located is a | ||||||
| 15 | corner lot that is bound by 3 streets and an alley, where | ||||||
| 16 | one street is a one-way street that runs north-south, one | ||||||
| 17 | street runs east-west, and one street runs | ||||||
| 18 | northwest-southeast; | ||||||
| 19 | (8) the property line of the premises is approximately | ||||||
| 20 | 16 feet from the property line of the building where the | ||||||
| 21 | church is located; | ||||||
| 22 | (9) the premises are separated from the building | ||||||
| 23 | containing the church by a public alley; | ||||||
| 24 | (10) the primary entrance of the premises and the | ||||||
| 25 | primary entrance of the church are at least 100 feet apart; | ||||||
| 26 | (11) representatives of the church have delivered a | ||||||
| |||||||
| |||||||
| 1 | written statement that the church does not object to the | ||||||
| 2 | issuance of a license under this subsection (fff) (yy); and | ||||||
| 3 | (12) the alderman of the ward in which the grocery | ||||||
| 4 | store is located has expressed, in writing, his or her | ||||||
| 5 | support for the issuance of the license. | ||||||
| 6 | (Source: P.A. 98-274, eff. 8-9-13; 98-463, eff. 8-16-13; | ||||||
| 7 | 98-571, eff. 8-27-13; 98-592, eff. 11-15-13; 98-1092, eff. | ||||||
| 8 | 8-26-14; 98-1158, eff. 1-9-15; 99-46, eff. 7-15-15; 99-47, eff. | ||||||
| 9 | 7-15-15; 99-477, eff. 8-27-15; 99-484, eff. 10-30-15; revised | ||||||
| 10 | 11-4-15.)
| ||||||
| 11 | Section 395. The Grain Code is amended by changing Section | ||||||
| 12 | 15-10 as follows:
| ||||||
| 13 | (240 ILCS 40/15-10)
| ||||||
| 14 | Sec. 15-10. De minimis minimus violations.
| ||||||
| 15 | (a) If a licensee commits a de minimis minimus violation of | ||||||
| 16 | this Code, the Director
may, in his or her discretion, and | ||||||
| 17 | without further action, issue a warning
letter to the licensee.
| ||||||
| 18 | (b) For the purposes of this Article, a de minimis minimus | ||||||
| 19 | violation
exists when a licensee:
| ||||||
| 20 | (1) violates the maximum allowable speculative limits | ||||||
| 21 | of item (a)(2)
of Section 10-10 by 1,000 bushels or less;
| ||||||
| 22 | (2) has total grain quantity deficiency violations | ||||||
| 23 | that do
not exceed $1,000 as determined by the formula set | ||||||
| 24 | forth in subsection (c) of
Section 15-20; or
| ||||||
| |||||||
| |||||||
| 1 | (3) has total grain quality deficiency violations that | ||||||
| 2 | do
not exceed $1,000 as determined by the formula set forth
| ||||||
| 3 | in subsection (d) of Section 15-20.
| ||||||
| 4 | (Source: P.A. 89-287, eff. 1-1-96; revised 10-21-15.)
| ||||||
| 5 | Section 400. The Illinois Public Aid Code is amended by | ||||||
| 6 | changing Sections 5-5, 5-5e, 5-16.8, 5-30, 10-25, and 10-25.5 | ||||||
| 7 | as follows:
| ||||||
| 8 | (305 ILCS 5/5-5) (from Ch. 23, par. 5-5)
| ||||||
| 9 | (Text of Section before amendment by P.A. 99-407) | ||||||
| 10 | Sec. 5-5. Medical services. The Illinois Department, by | ||||||
| 11 | rule, shall
determine the quantity and quality of and the rate | ||||||
| 12 | of reimbursement for the
medical assistance for which
payment | ||||||
| 13 | will be authorized, and the medical services to be provided,
| ||||||
| 14 | which may include all or part of the following: (1) inpatient | ||||||
| 15 | hospital
services; (2) outpatient hospital services; (3) other | ||||||
| 16 | laboratory and
X-ray services; (4) skilled nursing home | ||||||
| 17 | services; (5) physicians'
services whether furnished in the | ||||||
| 18 | office, the patient's home, a
hospital, a skilled nursing home, | ||||||
| 19 | or elsewhere; (6) medical care, or any
other type of remedial | ||||||
| 20 | care furnished by licensed practitioners; (7)
home health care | ||||||
| 21 | services; (8) private duty nursing service; (9) clinic
| ||||||
| 22 | services; (10) dental services, including prevention and | ||||||
| 23 | treatment of periodontal disease and dental caries disease for | ||||||
| 24 | pregnant women, provided by an individual licensed to practice | ||||||
| |||||||
| |||||||
| 1 | dentistry or dental surgery; for purposes of this item (10), | ||||||
| 2 | "dental services" means diagnostic, preventive, or corrective | ||||||
| 3 | procedures provided by or under the supervision of a dentist in | ||||||
| 4 | the practice of his or her profession; (11) physical therapy | ||||||
| 5 | and related
services; (12) prescribed drugs, dentures, and | ||||||
| 6 | prosthetic devices; and
eyeglasses prescribed by a physician | ||||||
| 7 | skilled in the diseases of the eye,
or by an optometrist, | ||||||
| 8 | whichever the person may select; (13) other
diagnostic, | ||||||
| 9 | screening, preventive, and rehabilitative services, including | ||||||
| 10 | to ensure that the individual's need for intervention or | ||||||
| 11 | treatment of mental disorders or substance use disorders or | ||||||
| 12 | co-occurring mental health and substance use disorders is | ||||||
| 13 | determined using a uniform screening, assessment, and | ||||||
| 14 | evaluation process inclusive of criteria, for children and | ||||||
| 15 | adults; for purposes of this item (13), a uniform screening, | ||||||
| 16 | assessment, and evaluation process refers to a process that | ||||||
| 17 | includes an appropriate evaluation and, as warranted, a | ||||||
| 18 | referral; "uniform" does not mean the use of a singular | ||||||
| 19 | instrument, tool, or process that all must utilize; (14)
| ||||||
| 20 | transportation and such other expenses as may be necessary; | ||||||
| 21 | (15) medical
treatment of sexual assault survivors, as defined | ||||||
| 22 | in
Section 1a of the Sexual Assault Survivors Emergency | ||||||
| 23 | Treatment Act, for
injuries sustained as a result of the sexual | ||||||
| 24 | assault, including
examinations and laboratory tests to | ||||||
| 25 | discover evidence which may be used in
criminal proceedings | ||||||
| 26 | arising from the sexual assault; (16) the
diagnosis and | ||||||
| |||||||
| |||||||
| 1 | treatment of sickle cell anemia; and (17)
any other medical | ||||||
| 2 | care, and any other type of remedial care recognized
under the | ||||||
| 3 | laws of this State, but not including abortions, or induced
| ||||||
| 4 | miscarriages or premature births, unless, in the opinion of a | ||||||
| 5 | physician,
such procedures are necessary for the preservation | ||||||
| 6 | of the life of the
woman seeking such treatment, or except an | ||||||
| 7 | induced premature birth
intended to produce a live viable child | ||||||
| 8 | and such procedure is necessary
for the health of the mother or | ||||||
| 9 | her unborn child. The Illinois Department,
by rule, shall | ||||||
| 10 | prohibit any physician from providing medical assistance
to | ||||||
| 11 | anyone eligible therefor under this Code where such physician | ||||||
| 12 | has been
found guilty of performing an abortion procedure in a | ||||||
| 13 | wilful and wanton
manner upon a woman who was not pregnant at | ||||||
| 14 | the time such abortion
procedure was performed. The term "any | ||||||
| 15 | other type of remedial care" shall
include nursing care and | ||||||
| 16 | nursing home service for persons who rely on
treatment by | ||||||
| 17 | spiritual means alone through prayer for healing.
| ||||||
| 18 | Notwithstanding any other provision of this Section, a | ||||||
| 19 | comprehensive
tobacco use cessation program that includes | ||||||
| 20 | purchasing prescription drugs or
prescription medical devices | ||||||
| 21 | approved by the Food and Drug Administration shall
be covered | ||||||
| 22 | under the medical assistance
program under this Article for | ||||||
| 23 | persons who are otherwise eligible for
assistance under this | ||||||
| 24 | Article.
| ||||||
| 25 | Notwithstanding any other provision of this Code, the | ||||||
| 26 | Illinois
Department may not require, as a condition of payment | ||||||
| |||||||
| |||||||
| 1 | for any laboratory
test authorized under this Article, that a | ||||||
| 2 | physician's handwritten signature
appear on the laboratory | ||||||
| 3 | test order form. The Illinois Department may,
however, impose | ||||||
| 4 | other appropriate requirements regarding laboratory test
order | ||||||
| 5 | documentation.
| ||||||
| 6 | Upon receipt of federal approval of an amendment to the | ||||||
| 7 | Illinois Title XIX State Plan for this purpose, the Department | ||||||
| 8 | shall authorize the Chicago Public Schools (CPS) to procure a | ||||||
| 9 | vendor or vendors to manufacture eyeglasses for individuals | ||||||
| 10 | enrolled in a school within the CPS system. CPS shall ensure | ||||||
| 11 | that its vendor or vendors are enrolled as providers in the | ||||||
| 12 | medical assistance program and in any capitated Medicaid | ||||||
| 13 | managed care entity (MCE) serving individuals enrolled in a | ||||||
| 14 | school within the CPS system. Under any contract procured under | ||||||
| 15 | this provision, the vendor or vendors must serve only | ||||||
| 16 | individuals enrolled in a school within the CPS system. Claims | ||||||
| 17 | for services provided by CPS's vendor or vendors to recipients | ||||||
| 18 | of benefits in the medical assistance program under this Code, | ||||||
| 19 | the Children's Health Insurance Program, or the Covering ALL | ||||||
| 20 | KIDS Health Insurance Program shall be submitted to the | ||||||
| 21 | Department or the MCE in which the individual is enrolled for | ||||||
| 22 | payment and shall be reimbursed at the Department's or the | ||||||
| 23 | MCE's established rates or rate methodologies for eyeglasses. | ||||||
| 24 | On and after July 1, 2012, the Department of Healthcare and | ||||||
| 25 | Family Services may provide the following services to
persons
| ||||||
| 26 | eligible for assistance under this Article who are | ||||||
| |||||||
| |||||||
| 1 | participating in
education, training or employment programs | ||||||
| 2 | operated by the Department of Human
Services as successor to | ||||||
| 3 | the Department of Public Aid:
| ||||||
| 4 | (1) dental services provided by or under the | ||||||
| 5 | supervision of a dentist; and
| ||||||
| 6 | (2) eyeglasses prescribed by a physician skilled in the | ||||||
| 7 | diseases of the
eye, or by an optometrist, whichever the | ||||||
| 8 | person may select.
| ||||||
| 9 | Notwithstanding any other provision of this Code and | ||||||
| 10 | subject to federal approval, the Department may adopt rules to | ||||||
| 11 | allow a dentist who is volunteering his or her service at no | ||||||
| 12 | cost to render dental services through an enrolled | ||||||
| 13 | not-for-profit health clinic without the dentist personally | ||||||
| 14 | enrolling as a participating provider in the medical assistance | ||||||
| 15 | program. A not-for-profit health clinic shall include a public | ||||||
| 16 | health clinic or Federally Qualified Health Center or other | ||||||
| 17 | enrolled provider, as determined by the Department, through | ||||||
| 18 | which dental services covered under this Section are performed. | ||||||
| 19 | The Department shall establish a process for payment of claims | ||||||
| 20 | for reimbursement for covered dental services rendered under | ||||||
| 21 | this provision. | ||||||
| 22 | The Illinois Department, by rule, may distinguish and | ||||||
| 23 | classify the
medical services to be provided only in accordance | ||||||
| 24 | with the classes of
persons designated in Section 5-2.
| ||||||
| 25 | The Department of Healthcare and Family Services must | ||||||
| 26 | provide coverage and reimbursement for amino acid-based | ||||||
| |||||||
| |||||||
| 1 | elemental formulas, regardless of delivery method, for the | ||||||
| 2 | diagnosis and treatment of (i) eosinophilic disorders and (ii) | ||||||
| 3 | short bowel syndrome when the prescribing physician has issued | ||||||
| 4 | a written order stating that the amino acid-based elemental | ||||||
| 5 | formula is medically necessary.
| ||||||
| 6 | The Illinois Department shall authorize the provision of, | ||||||
| 7 | and shall
authorize payment for, screening by low-dose | ||||||
| 8 | mammography for the presence of
occult breast cancer for women | ||||||
| 9 | 35 years of age or older who are eligible
for medical | ||||||
| 10 | assistance under this Article, as follows: | ||||||
| 11 | (A) A baseline
mammogram for women 35 to 39 years of | ||||||
| 12 | age.
| ||||||
| 13 | (B) An annual mammogram for women 40 years of age or | ||||||
| 14 | older. | ||||||
| 15 | (C) A mammogram at the age and intervals considered | ||||||
| 16 | medically necessary by the woman's health care provider for | ||||||
| 17 | women under 40 years of age and having a family history of | ||||||
| 18 | breast cancer, prior personal history of breast cancer, | ||||||
| 19 | positive genetic testing, or other risk factors. | ||||||
| 20 | (D) A comprehensive ultrasound screening of an entire | ||||||
| 21 | breast or breasts if a mammogram demonstrates | ||||||
| 22 | heterogeneous or dense breast tissue, when medically | ||||||
| 23 | necessary as determined by a physician licensed to practice | ||||||
| 24 | medicine in all of its branches. | ||||||
| 25 | (E) A screening MRI when medically necessary, as | ||||||
| 26 | determined by a physician licensed to practice medicine in | ||||||
| |||||||
| |||||||
| 1 | all of its branches. | ||||||
| 2 | All screenings
shall
include a physical breast exam, | ||||||
| 3 | instruction on self-examination and
information regarding the | ||||||
| 4 | frequency of self-examination and its value as a
preventative | ||||||
| 5 | tool. For purposes of this Section, "low-dose mammography" | ||||||
| 6 | means
the x-ray examination of the breast using equipment | ||||||
| 7 | dedicated specifically
for mammography, including the x-ray | ||||||
| 8 | tube, filter, compression device,
and image receptor, with an | ||||||
| 9 | average radiation exposure delivery
of less than one rad per | ||||||
| 10 | breast for 2 views of an average size breast.
The term also | ||||||
| 11 | includes digital mammography.
| ||||||
| 12 | On and after January 1, 2016, the Department shall ensure | ||||||
| 13 | that all networks of care for adult clients of the Department | ||||||
| 14 | include access to at least one breast imaging Center of Imaging | ||||||
| 15 | Excellence as certified by the American College of Radiology. | ||||||
| 16 | On and after January 1, 2012, providers participating in a | ||||||
| 17 | quality improvement program approved by the Department shall be | ||||||
| 18 | reimbursed for screening and diagnostic mammography at the same | ||||||
| 19 | rate as the Medicare program's rates, including the increased | ||||||
| 20 | reimbursement for digital mammography. | ||||||
| 21 | The Department shall convene an expert panel including | ||||||
| 22 | representatives of hospitals, free-standing mammography | ||||||
| 23 | facilities, and doctors, including radiologists, to establish | ||||||
| 24 | quality standards for mammography. | ||||||
| 25 | On and after January 1, 2017, providers participating in a | ||||||
| 26 | breast cancer treatment quality improvement program approved | ||||||
| |||||||
| |||||||
| 1 | by the Department shall be reimbursed for breast cancer | ||||||
| 2 | treatment at a rate that is no lower than 95% of the Medicare | ||||||
| 3 | program's rates for the data elements included in the breast | ||||||
| 4 | cancer treatment quality program. | ||||||
| 5 | The Department shall convene an expert panel, including | ||||||
| 6 | representatives of hospitals, free standing breast cancer | ||||||
| 7 | treatment centers, breast cancer quality organizations, and | ||||||
| 8 | doctors, including breast surgeons, reconstructive breast | ||||||
| 9 | surgeons, oncologists, and primary care providers to establish | ||||||
| 10 | quality standards for breast cancer treatment. | ||||||
| 11 | Subject to federal approval, the Department shall | ||||||
| 12 | establish a rate methodology for mammography at federally | ||||||
| 13 | qualified health centers and other encounter-rate clinics. | ||||||
| 14 | These clinics or centers may also collaborate with other | ||||||
| 15 | hospital-based mammography facilities. By January 1, 2016, the | ||||||
| 16 | Department shall report to the General Assembly on the status | ||||||
| 17 | of the provision set forth in this paragraph. | ||||||
| 18 | The Department shall establish a methodology to remind | ||||||
| 19 | women who are age-appropriate for screening mammography, but | ||||||
| 20 | who have not received a mammogram within the previous 18 | ||||||
| 21 | months, of the importance and benefit of screening mammography. | ||||||
| 22 | The Department shall work with experts in breast cancer | ||||||
| 23 | outreach and patient navigation to optimize these reminders and | ||||||
| 24 | shall establish a methodology for evaluating their | ||||||
| 25 | effectiveness and modifying the methodology based on the | ||||||
| 26 | evaluation. | ||||||
| |||||||
| |||||||
| 1 | The Department shall establish a performance goal for | ||||||
| 2 | primary care providers with respect to their female patients | ||||||
| 3 | over age 40 receiving an annual mammogram. This performance | ||||||
| 4 | goal shall be used to provide additional reimbursement in the | ||||||
| 5 | form of a quality performance bonus to primary care providers | ||||||
| 6 | who meet that goal. | ||||||
| 7 | The Department shall devise a means of case-managing or | ||||||
| 8 | patient navigation for beneficiaries diagnosed with breast | ||||||
| 9 | cancer. This program shall initially operate as a pilot program | ||||||
| 10 | in areas of the State with the highest incidence of mortality | ||||||
| 11 | related to breast cancer. At least one pilot program site shall | ||||||
| 12 | be in the metropolitan Chicago area and at least one site shall | ||||||
| 13 | be outside the metropolitan Chicago area. On or after July 1, | ||||||
| 14 | 2016, the pilot program shall be expanded to include one site | ||||||
| 15 | in western Illinois, one site in southern Illinois, one site in | ||||||
| 16 | central Illinois, and 4 sites within metropolitan Chicago. An | ||||||
| 17 | evaluation of the pilot program shall be carried out measuring | ||||||
| 18 | health outcomes and cost of care for those served by the pilot | ||||||
| 19 | program compared to similarly situated patients who are not | ||||||
| 20 | served by the pilot program. | ||||||
| 21 | The Department shall require all networks of care to | ||||||
| 22 | develop a means either internally or by contract with experts | ||||||
| 23 | in navigation and community outreach to navigate cancer | ||||||
| 24 | patients to comprehensive care in a timely fashion. The | ||||||
| 25 | Department shall require all networks of care to include access | ||||||
| 26 | for patients diagnosed with cancer to at least one academic | ||||||
| |||||||
| |||||||
| 1 | commission on cancer-accredited cancer program as an | ||||||
| 2 | in-network covered benefit. | ||||||
| 3 | Any medical or health care provider shall immediately | ||||||
| 4 | recommend, to
any pregnant woman who is being provided prenatal | ||||||
| 5 | services and is suspected
of drug abuse or is addicted as | ||||||
| 6 | defined in the Alcoholism and Other Drug Abuse
and Dependency | ||||||
| 7 | Act, referral to a local substance abuse treatment provider
| ||||||
| 8 | licensed by the Department of Human Services or to a licensed
| ||||||
| 9 | hospital which provides substance abuse treatment services. | ||||||
| 10 | The Department of Healthcare and Family Services
shall assure | ||||||
| 11 | coverage for the cost of treatment of the drug abuse or
| ||||||
| 12 | addiction for pregnant recipients in accordance with the | ||||||
| 13 | Illinois Medicaid
Program in conjunction with the Department of | ||||||
| 14 | Human Services.
| ||||||
| 15 | All medical providers providing medical assistance to | ||||||
| 16 | pregnant women
under this Code shall receive information from | ||||||
| 17 | the Department on the
availability of services under the Drug | ||||||
| 18 | Free Families with a Future or any
comparable program providing | ||||||
| 19 | case management services for addicted women,
including | ||||||
| 20 | information on appropriate referrals for other social services
| ||||||
| 21 | that may be needed by addicted women in addition to treatment | ||||||
| 22 | for addiction.
| ||||||
| 23 | The Illinois Department, in cooperation with the | ||||||
| 24 | Departments of Human
Services (as successor to the Department | ||||||
| 25 | of Alcoholism and Substance
Abuse) and Public Health, through a | ||||||
| 26 | public awareness campaign, may
provide information concerning | ||||||
| |||||||
| |||||||
| 1 | treatment for alcoholism and drug abuse and
addiction, prenatal | ||||||
| 2 | health care, and other pertinent programs directed at
reducing | ||||||
| 3 | the number of drug-affected infants born to recipients of | ||||||
| 4 | medical
assistance.
| ||||||
| 5 | Neither the Department of Healthcare and Family Services | ||||||
| 6 | nor the Department of Human
Services shall sanction the | ||||||
| 7 | recipient solely on the basis of
her substance abuse.
| ||||||
| 8 | The Illinois Department shall establish such regulations | ||||||
| 9 | governing
the dispensing of health services under this Article | ||||||
| 10 | as it shall deem
appropriate. The Department
should
seek the | ||||||
| 11 | advice of formal professional advisory committees appointed by
| ||||||
| 12 | the Director of the Illinois Department for the purpose of | ||||||
| 13 | providing regular
advice on policy and administrative matters, | ||||||
| 14 | information dissemination and
educational activities for | ||||||
| 15 | medical and health care providers, and
consistency in | ||||||
| 16 | procedures to the Illinois Department.
| ||||||
| 17 | The Illinois Department may develop and contract with | ||||||
| 18 | Partnerships of
medical providers to arrange medical services | ||||||
| 19 | for persons eligible under
Section 5-2 of this Code. | ||||||
| 20 | Implementation of this Section may be by
demonstration projects | ||||||
| 21 | in certain geographic areas. The Partnership shall
be | ||||||
| 22 | represented by a sponsor organization. The Department, by rule, | ||||||
| 23 | shall
develop qualifications for sponsors of Partnerships. | ||||||
| 24 | Nothing in this
Section shall be construed to require that the | ||||||
| 25 | sponsor organization be a
medical organization.
| ||||||
| 26 | The sponsor must negotiate formal written contracts with | ||||||
| |||||||
| |||||||
| 1 | medical
providers for physician services, inpatient and | ||||||
| 2 | outpatient hospital care,
home health services, treatment for | ||||||
| 3 | alcoholism and substance abuse, and
other services determined | ||||||
| 4 | necessary by the Illinois Department by rule for
delivery by | ||||||
| 5 | Partnerships. Physician services must include prenatal and
| ||||||
| 6 | obstetrical care. The Illinois Department shall reimburse | ||||||
| 7 | medical services
delivered by Partnership providers to clients | ||||||
| 8 | in target areas according to
provisions of this Article and the | ||||||
| 9 | Illinois Health Finance Reform Act,
except that:
| ||||||
| 10 | (1) Physicians participating in a Partnership and | ||||||
| 11 | providing certain
services, which shall be determined by | ||||||
| 12 | the Illinois Department, to persons
in areas covered by the | ||||||
| 13 | Partnership may receive an additional surcharge
for such | ||||||
| 14 | services.
| ||||||
| 15 | (2) The Department may elect to consider and negotiate | ||||||
| 16 | financial
incentives to encourage the development of | ||||||
| 17 | Partnerships and the efficient
delivery of medical care.
| ||||||
| 18 | (3) Persons receiving medical services through | ||||||
| 19 | Partnerships may receive
medical and case management | ||||||
| 20 | services above the level usually offered
through the | ||||||
| 21 | medical assistance program.
| ||||||
| 22 | Medical providers shall be required to meet certain | ||||||
| 23 | qualifications to
participate in Partnerships to ensure the | ||||||
| 24 | delivery of high quality medical
services. These | ||||||
| 25 | qualifications shall be determined by rule of the Illinois
| ||||||
| 26 | Department and may be higher than qualifications for | ||||||
| |||||||
| |||||||
| 1 | participation in the
medical assistance program. Partnership | ||||||
| 2 | sponsors may prescribe reasonable
additional qualifications | ||||||
| 3 | for participation by medical providers, only with
the prior | ||||||
| 4 | written approval of the Illinois Department.
| ||||||
| 5 | Nothing in this Section shall limit the free choice of | ||||||
| 6 | practitioners,
hospitals, and other providers of medical | ||||||
| 7 | services by clients.
In order to ensure patient freedom of | ||||||
| 8 | choice, the Illinois Department shall
immediately promulgate | ||||||
| 9 | all rules and take all other necessary actions so that
provided | ||||||
| 10 | services may be accessed from therapeutically certified | ||||||
| 11 | optometrists
to the full extent of the Illinois Optometric | ||||||
| 12 | Practice Act of 1987 without
discriminating between service | ||||||
| 13 | providers.
| ||||||
| 14 | The Department shall apply for a waiver from the United | ||||||
| 15 | States Health
Care Financing Administration to allow for the | ||||||
| 16 | implementation of
Partnerships under this Section.
| ||||||
| 17 | The Illinois Department shall require health care | ||||||
| 18 | providers to maintain
records that document the medical care | ||||||
| 19 | and services provided to recipients
of Medical Assistance under | ||||||
| 20 | this Article. Such records must be retained for a period of not | ||||||
| 21 | less than 6 years from the date of service or as provided by | ||||||
| 22 | applicable State law, whichever period is longer, except that | ||||||
| 23 | if an audit is initiated within the required retention period | ||||||
| 24 | then the records must be retained until the audit is completed | ||||||
| 25 | and every exception is resolved. The Illinois Department shall
| ||||||
| 26 | require health care providers to make available, when | ||||||
| |||||||
| |||||||
| 1 | authorized by the
patient, in writing, the medical records in a | ||||||
| 2 | timely fashion to other
health care providers who are treating | ||||||
| 3 | or serving persons eligible for
Medical Assistance under this | ||||||
| 4 | Article. All dispensers of medical services
shall be required | ||||||
| 5 | to maintain and retain business and professional records
| ||||||
| 6 | sufficient to fully and accurately document the nature, scope, | ||||||
| 7 | details and
receipt of the health care provided to persons | ||||||
| 8 | eligible for medical
assistance under this Code, in accordance | ||||||
| 9 | with regulations promulgated by
the Illinois Department. The | ||||||
| 10 | rules and regulations shall require that proof
of the receipt | ||||||
| 11 | of prescription drugs, dentures, prosthetic devices and
| ||||||
| 12 | eyeglasses by eligible persons under this Section accompany | ||||||
| 13 | each claim
for reimbursement submitted by the dispenser of such | ||||||
| 14 | medical services.
No such claims for reimbursement shall be | ||||||
| 15 | approved for payment by the Illinois
Department without such | ||||||
| 16 | proof of receipt, unless the Illinois Department
shall have put | ||||||
| 17 | into effect and shall be operating a system of post-payment
| ||||||
| 18 | audit and review which shall, on a sampling basis, be deemed | ||||||
| 19 | adequate by
the Illinois Department to assure that such drugs, | ||||||
| 20 | dentures, prosthetic
devices and eyeglasses for which payment | ||||||
| 21 | is being made are actually being
received by eligible | ||||||
| 22 | recipients. Within 90 days after September 16, 1984 (the | ||||||
| 23 | effective date of Public Act 83-1439)
this amendatory Act of | ||||||
| 24 | 1984, the Illinois Department shall establish a
current list of | ||||||
| 25 | acquisition costs for all prosthetic devices and any
other | ||||||
| 26 | items recognized as medical equipment and supplies | ||||||
| |||||||
| |||||||
| 1 | reimbursable under
this Article and shall update such list on a | ||||||
| 2 | quarterly basis, except that
the acquisition costs of all | ||||||
| 3 | prescription drugs shall be updated no
less frequently than | ||||||
| 4 | every 30 days as required by Section 5-5.12.
| ||||||
| 5 | The rules and regulations of the Illinois Department shall | ||||||
| 6 | require
that a written statement including the required opinion | ||||||
| 7 | of a physician
shall accompany any claim for reimbursement for | ||||||
| 8 | abortions, or induced
miscarriages or premature births. This | ||||||
| 9 | statement shall indicate what
procedures were used in providing | ||||||
| 10 | such medical services.
| ||||||
| 11 | Notwithstanding any other law to the contrary, the Illinois | ||||||
| 12 | Department shall, within 365 days after July 22, 2013 (the | ||||||
| 13 | effective date of Public Act 98-104), establish procedures to | ||||||
| 14 | permit skilled care facilities licensed under the Nursing Home | ||||||
| 15 | Care Act to submit monthly billing claims for reimbursement | ||||||
| 16 | purposes. Following development of these procedures, the | ||||||
| 17 | Department shall, by July 1, 2016, test the viability of the | ||||||
| 18 | new system and implement any necessary operational or | ||||||
| 19 | structural changes to its information technology platforms in | ||||||
| 20 | order to allow for the direct acceptance and payment of nursing | ||||||
| 21 | home claims. | ||||||
| 22 | Notwithstanding any other law to the contrary, the Illinois | ||||||
| 23 | Department shall, within 365 days after August 15, 2014 (the | ||||||
| 24 | effective date of Public Act 98-963), establish procedures to | ||||||
| 25 | permit ID/DD facilities licensed under the ID/DD Community Care | ||||||
| 26 | Act and MC/DD facilities licensed under the MC/DD Act to submit | ||||||
| |||||||
| |||||||
| 1 | monthly billing claims for reimbursement purposes. Following | ||||||
| 2 | development of these procedures, the Department shall have an | ||||||
| 3 | additional 365 days to test the viability of the new system and | ||||||
| 4 | to ensure that any necessary operational or structural changes | ||||||
| 5 | to its information technology platforms are implemented. | ||||||
| 6 | The Illinois Department shall require all dispensers of | ||||||
| 7 | medical
services, other than an individual practitioner or | ||||||
| 8 | group of practitioners,
desiring to participate in the Medical | ||||||
| 9 | Assistance program
established under this Article to disclose | ||||||
| 10 | all financial, beneficial,
ownership, equity, surety or other | ||||||
| 11 | interests in any and all firms,
corporations, partnerships, | ||||||
| 12 | associations, business enterprises, joint
ventures, agencies, | ||||||
| 13 | institutions or other legal entities providing any
form of | ||||||
| 14 | health care services in this State under this Article.
| ||||||
| 15 | The Illinois Department may require that all dispensers of | ||||||
| 16 | medical
services desiring to participate in the medical | ||||||
| 17 | assistance program
established under this Article disclose, | ||||||
| 18 | under such terms and conditions as
the Illinois Department may | ||||||
| 19 | by rule establish, all inquiries from clients
and attorneys | ||||||
| 20 | regarding medical bills paid by the Illinois Department, which
| ||||||
| 21 | inquiries could indicate potential existence of claims or liens | ||||||
| 22 | for the
Illinois Department.
| ||||||
| 23 | Enrollment of a vendor
shall be
subject to a provisional | ||||||
| 24 | period and shall be conditional for one year. During the period | ||||||
| 25 | of conditional enrollment, the Department may
terminate the | ||||||
| 26 | vendor's eligibility to participate in, or may disenroll the | ||||||
| |||||||
| |||||||
| 1 | vendor from, the medical assistance
program without cause. | ||||||
| 2 | Unless otherwise specified, such termination of eligibility or | ||||||
| 3 | disenrollment is not subject to the
Department's hearing | ||||||
| 4 | process.
However, a disenrolled vendor may reapply without | ||||||
| 5 | penalty.
| ||||||
| 6 | The Department has the discretion to limit the conditional | ||||||
| 7 | enrollment period for vendors based upon category of risk of | ||||||
| 8 | the vendor. | ||||||
| 9 | Prior to enrollment and during the conditional enrollment | ||||||
| 10 | period in the medical assistance program, all vendors shall be | ||||||
| 11 | subject to enhanced oversight, screening, and review based on | ||||||
| 12 | the risk of fraud, waste, and abuse that is posed by the | ||||||
| 13 | category of risk of the vendor. The Illinois Department shall | ||||||
| 14 | establish the procedures for oversight, screening, and review, | ||||||
| 15 | which may include, but need not be limited to: criminal and | ||||||
| 16 | financial background checks; fingerprinting; license, | ||||||
| 17 | certification, and authorization verifications; unscheduled or | ||||||
| 18 | unannounced site visits; database checks; prepayment audit | ||||||
| 19 | reviews; audits; payment caps; payment suspensions; and other | ||||||
| 20 | screening as required by federal or State law. | ||||||
| 21 | The Department shall define or specify the following: (i) | ||||||
| 22 | by provider notice, the "category of risk of the vendor" for | ||||||
| 23 | each type of vendor, which shall take into account the level of | ||||||
| 24 | screening applicable to a particular category of vendor under | ||||||
| 25 | federal law and regulations; (ii) by rule or provider notice, | ||||||
| 26 | the maximum length of the conditional enrollment period for | ||||||
| |||||||
| |||||||
| 1 | each category of risk of the vendor; and (iii) by rule, the | ||||||
| 2 | hearing rights, if any, afforded to a vendor in each category | ||||||
| 3 | of risk of the vendor that is terminated or disenrolled during | ||||||
| 4 | the conditional enrollment period. | ||||||
| 5 | To be eligible for payment consideration, a vendor's | ||||||
| 6 | payment claim or bill, either as an initial claim or as a | ||||||
| 7 | resubmitted claim following prior rejection, must be received | ||||||
| 8 | by the Illinois Department, or its fiscal intermediary, no | ||||||
| 9 | later than 180 days after the latest date on the claim on which | ||||||
| 10 | medical goods or services were provided, with the following | ||||||
| 11 | exceptions: | ||||||
| 12 | (1) In the case of a provider whose enrollment is in | ||||||
| 13 | process by the Illinois Department, the 180-day period | ||||||
| 14 | shall not begin until the date on the written notice from | ||||||
| 15 | the Illinois Department that the provider enrollment is | ||||||
| 16 | complete. | ||||||
| 17 | (2) In the case of errors attributable to the Illinois | ||||||
| 18 | Department or any of its claims processing intermediaries | ||||||
| 19 | which result in an inability to receive, process, or | ||||||
| 20 | adjudicate a claim, the 180-day period shall not begin | ||||||
| 21 | until the provider has been notified of the error. | ||||||
| 22 | (3) In the case of a provider for whom the Illinois | ||||||
| 23 | Department initiates the monthly billing process. | ||||||
| 24 | (4) In the case of a provider operated by a unit of | ||||||
| 25 | local government with a population exceeding 3,000,000 | ||||||
| 26 | when local government funds finance federal participation | ||||||
| |||||||
| |||||||
| 1 | for claims payments. | ||||||
| 2 | For claims for services rendered during a period for which | ||||||
| 3 | a recipient received retroactive eligibility, claims must be | ||||||
| 4 | filed within 180 days after the Department determines the | ||||||
| 5 | applicant is eligible. For claims for which the Illinois | ||||||
| 6 | Department is not the primary payer, claims must be submitted | ||||||
| 7 | to the Illinois Department within 180 days after the final | ||||||
| 8 | adjudication by the primary payer. | ||||||
| 9 | In the case of long term care facilities, within 5 days of | ||||||
| 10 | receipt by the facility of required prescreening information, | ||||||
| 11 | data for new admissions shall be entered into the Medical | ||||||
| 12 | Electronic Data Interchange (MEDI) or the Recipient | ||||||
| 13 | Eligibility Verification (REV) System or successor system, and | ||||||
| 14 | within 15 days of receipt by the facility of required | ||||||
| 15 | prescreening information, admission documents shall be | ||||||
| 16 | submitted through MEDI or REV or shall be submitted directly to | ||||||
| 17 | the Department of Human Services using required admission | ||||||
| 18 | forms. Effective September
1, 2014, admission documents, | ||||||
| 19 | including all prescreening
information, must be submitted | ||||||
| 20 | through MEDI or REV. Confirmation numbers assigned to an | ||||||
| 21 | accepted transaction shall be retained by a facility to verify | ||||||
| 22 | timely submittal. Once an admission transaction has been | ||||||
| 23 | completed, all resubmitted claims following prior rejection | ||||||
| 24 | are subject to receipt no later than 180 days after the | ||||||
| 25 | admission transaction has been completed. | ||||||
| 26 | Claims that are not submitted and received in compliance | ||||||
| |||||||
| |||||||
| 1 | with the foregoing requirements shall not be eligible for | ||||||
| 2 | payment under the medical assistance program, and the State | ||||||
| 3 | shall have no liability for payment of those claims. | ||||||
| 4 | To the extent consistent with applicable information and | ||||||
| 5 | privacy, security, and disclosure laws, State and federal | ||||||
| 6 | agencies and departments shall provide the Illinois Department | ||||||
| 7 | access to confidential and other information and data necessary | ||||||
| 8 | to perform eligibility and payment verifications and other | ||||||
| 9 | Illinois Department functions. This includes, but is not | ||||||
| 10 | limited to: information pertaining to licensure; | ||||||
| 11 | certification; earnings; immigration status; citizenship; wage | ||||||
| 12 | reporting; unearned and earned income; pension income; | ||||||
| 13 | employment; supplemental security income; social security | ||||||
| 14 | numbers; National Provider Identifier (NPI) numbers; the | ||||||
| 15 | National Practitioner Data Bank (NPDB); program and agency | ||||||
| 16 | exclusions; taxpayer identification numbers; tax delinquency; | ||||||
| 17 | corporate information; and death records. | ||||||
| 18 | The Illinois Department shall enter into agreements with | ||||||
| 19 | State agencies and departments, and is authorized to enter into | ||||||
| 20 | agreements with federal agencies and departments, under which | ||||||
| 21 | such agencies and departments shall share data necessary for | ||||||
| 22 | medical assistance program integrity functions and oversight. | ||||||
| 23 | The Illinois Department shall develop, in cooperation with | ||||||
| 24 | other State departments and agencies, and in compliance with | ||||||
| 25 | applicable federal laws and regulations, appropriate and | ||||||
| 26 | effective methods to share such data. At a minimum, and to the | ||||||
| |||||||
| |||||||
| 1 | extent necessary to provide data sharing, the Illinois | ||||||
| 2 | Department shall enter into agreements with State agencies and | ||||||
| 3 | departments, and is authorized to enter into agreements with | ||||||
| 4 | federal agencies and departments, including but not limited to: | ||||||
| 5 | the Secretary of State; the Department of Revenue; the | ||||||
| 6 | Department of Public Health; the Department of Human Services; | ||||||
| 7 | and the Department of Financial and Professional Regulation. | ||||||
| 8 | Beginning in fiscal year 2013, the Illinois Department | ||||||
| 9 | shall set forth a request for information to identify the | ||||||
| 10 | benefits of a pre-payment, post-adjudication, and post-edit | ||||||
| 11 | claims system with the goals of streamlining claims processing | ||||||
| 12 | and provider reimbursement, reducing the number of pending or | ||||||
| 13 | rejected claims, and helping to ensure a more transparent | ||||||
| 14 | adjudication process through the utilization of: (i) provider | ||||||
| 15 | data verification and provider screening technology; and (ii) | ||||||
| 16 | clinical code editing; and (iii) pre-pay, pre- or | ||||||
| 17 | post-adjudicated predictive modeling with an integrated case | ||||||
| 18 | management system with link analysis. Such a request for | ||||||
| 19 | information shall not be considered as a request for proposal | ||||||
| 20 | or as an obligation on the part of the Illinois Department to | ||||||
| 21 | take any action or acquire any products or services. | ||||||
| 22 | The Illinois Department shall establish policies, | ||||||
| 23 | procedures,
standards and criteria by rule for the acquisition, | ||||||
| 24 | repair and replacement
of orthotic and prosthetic devices and | ||||||
| 25 | durable medical equipment. Such
rules shall provide, but not be | ||||||
| 26 | limited to, the following services: (1)
immediate repair or | ||||||
| |||||||
| |||||||
| 1 | replacement of such devices by recipients; and (2) rental, | ||||||
| 2 | lease, purchase or lease-purchase of
durable medical equipment | ||||||
| 3 | in a cost-effective manner, taking into
consideration the | ||||||
| 4 | recipient's medical prognosis, the extent of the
recipient's | ||||||
| 5 | needs, and the requirements and costs for maintaining such
| ||||||
| 6 | equipment. Subject to prior approval, such rules shall enable a | ||||||
| 7 | recipient to temporarily acquire and
use alternative or | ||||||
| 8 | substitute devices or equipment pending repairs or
| ||||||
| 9 | replacements of any device or equipment previously authorized | ||||||
| 10 | for such
recipient by the Department.
| ||||||
| 11 | The Department shall execute, relative to the nursing home | ||||||
| 12 | prescreening
project, written inter-agency agreements with the | ||||||
| 13 | Department of Human
Services and the Department on Aging, to | ||||||
| 14 | effect the following: (i) intake
procedures and common | ||||||
| 15 | eligibility criteria for those persons who are receiving
| ||||||
| 16 | non-institutional services; and (ii) the establishment and | ||||||
| 17 | development of
non-institutional services in areas of the State | ||||||
| 18 | where they are not currently
available or are undeveloped; and | ||||||
| 19 | (iii) notwithstanding any other provision of law, subject to | ||||||
| 20 | federal approval, on and after July 1, 2012, an increase in the | ||||||
| 21 | determination of need (DON) scores from 29 to 37 for applicants | ||||||
| 22 | for institutional and home and community-based long term care; | ||||||
| 23 | if and only if federal approval is not granted, the Department | ||||||
| 24 | may, in conjunction with other affected agencies, implement | ||||||
| 25 | utilization controls or changes in benefit packages to | ||||||
| 26 | effectuate a similar savings amount for this population; and | ||||||
| |||||||
| |||||||
| 1 | (iv) no later than July 1, 2013, minimum level of care | ||||||
| 2 | eligibility criteria for institutional and home and | ||||||
| 3 | community-based long term care; and (v) no later than October | ||||||
| 4 | 1, 2013, establish procedures to permit long term care | ||||||
| 5 | providers access to eligibility scores for individuals with an | ||||||
| 6 | admission date who are seeking or receiving services from the | ||||||
| 7 | long term care provider. In order to select the minimum level | ||||||
| 8 | of care eligibility criteria, the Governor shall establish a | ||||||
| 9 | workgroup that includes affected agency representatives and | ||||||
| 10 | stakeholders representing the institutional and home and | ||||||
| 11 | community-based long term care interests. This Section shall | ||||||
| 12 | not restrict the Department from implementing lower level of | ||||||
| 13 | care eligibility criteria for community-based services in | ||||||
| 14 | circumstances where federal approval has been granted.
| ||||||
| 15 | The Illinois Department shall develop and operate, in | ||||||
| 16 | cooperation
with other State Departments and agencies and in | ||||||
| 17 | compliance with
applicable federal laws and regulations, | ||||||
| 18 | appropriate and effective
systems of health care evaluation and | ||||||
| 19 | programs for monitoring of
utilization of health care services | ||||||
| 20 | and facilities, as it affects
persons eligible for medical | ||||||
| 21 | assistance under this Code.
| ||||||
| 22 | The Illinois Department shall report annually to the | ||||||
| 23 | General Assembly,
no later than the second Friday in April of | ||||||
| 24 | 1979 and each year
thereafter, in regard to:
| ||||||
| 25 | (a) actual statistics and trends in utilization of | ||||||
| 26 | medical services by
public aid recipients;
| ||||||
| |||||||
| |||||||
| 1 | (b) actual statistics and trends in the provision of | ||||||
| 2 | the various medical
services by medical vendors;
| ||||||
| 3 | (c) current rate structures and proposed changes in | ||||||
| 4 | those rate structures
for the various medical vendors; and
| ||||||
| 5 | (d) efforts at utilization review and control by the | ||||||
| 6 | Illinois Department.
| ||||||
| 7 | The period covered by each report shall be the 3 years | ||||||
| 8 | ending on the June
30 prior to the report. The report shall | ||||||
| 9 | include suggested legislation
for consideration by the General | ||||||
| 10 | Assembly. The filing of one copy of the
report with the | ||||||
| 11 | Speaker, one copy with the Minority Leader and one copy
with | ||||||
| 12 | the Clerk of the House of Representatives, one copy with the | ||||||
| 13 | President,
one copy with the Minority Leader and one copy with | ||||||
| 14 | the Secretary of the
Senate, one copy with the Legislative | ||||||
| 15 | Research Unit, and such additional
copies
with the State | ||||||
| 16 | Government Report Distribution Center for the General
Assembly | ||||||
| 17 | as is required under paragraph (t) of Section 7 of the State
| ||||||
| 18 | Library Act shall be deemed sufficient to comply with this | ||||||
| 19 | Section.
| ||||||
| 20 | Rulemaking authority to implement Public Act 95-1045, if | ||||||
| 21 | any, is conditioned on the rules being adopted in accordance | ||||||
| 22 | with all provisions of the Illinois Administrative Procedure | ||||||
| 23 | Act and all rules and procedures of the Joint Committee on | ||||||
| 24 | Administrative Rules; any purported rule not so adopted, for | ||||||
| 25 | whatever reason, is unauthorized. | ||||||
| 26 | On and after July 1, 2012, the Department shall reduce any | ||||||
| |||||||
| |||||||
| 1 | rate of reimbursement for services or other payments or alter | ||||||
| 2 | any methodologies authorized by this Code to reduce any rate of | ||||||
| 3 | reimbursement for services or other payments in accordance with | ||||||
| 4 | Section 5-5e. | ||||||
| 5 | Because kidney transplantation can be an appropriate, cost | ||||||
| 6 | effective
alternative to renal dialysis when medically | ||||||
| 7 | necessary and notwithstanding the provisions of Section 1-11 of | ||||||
| 8 | this Code, beginning October 1, 2014, the Department shall | ||||||
| 9 | cover kidney transplantation for noncitizens with end-stage | ||||||
| 10 | renal disease who are not eligible for comprehensive medical | ||||||
| 11 | benefits, who meet the residency requirements of Section 5-3 of | ||||||
| 12 | this Code, and who would otherwise meet the financial | ||||||
| 13 | requirements of the appropriate class of eligible persons under | ||||||
| 14 | Section 5-2 of this Code. To qualify for coverage of kidney | ||||||
| 15 | transplantation, such person must be receiving emergency renal | ||||||
| 16 | dialysis services covered by the Department. Providers under | ||||||
| 17 | this Section shall be prior approved and certified by the | ||||||
| 18 | Department to perform kidney transplantation and the services | ||||||
| 19 | under this Section shall be limited to services associated with | ||||||
| 20 | kidney transplantation. | ||||||
| 21 | Notwithstanding any other provision of this Code to the | ||||||
| 22 | contrary, on or after July 1, 2015, all FDA approved forms of | ||||||
| 23 | medication assisted treatment prescribed for the treatment of | ||||||
| 24 | alcohol dependence or treatment of opioid dependence shall be | ||||||
| 25 | covered under both fee for service and managed care medical | ||||||
| 26 | assistance programs for persons who are otherwise eligible for | ||||||
| |||||||
| |||||||
| 1 | medical assistance under this Article and shall not be subject | ||||||
| 2 | to any (1) utilization control, other than those established | ||||||
| 3 | under the American Society of Addiction Medicine patient | ||||||
| 4 | placement criteria,
(2) prior authorization mandate, or (3) | ||||||
| 5 | lifetime restriction limit
mandate. | ||||||
| 6 | On or after July 1, 2015, opioid antagonists prescribed for | ||||||
| 7 | the treatment of an opioid overdose, including the medication | ||||||
| 8 | product, administration devices, and any pharmacy fees related | ||||||
| 9 | to the dispensing and administration of the opioid antagonist, | ||||||
| 10 | shall be covered under the medical assistance program for | ||||||
| 11 | persons who are otherwise eligible for medical assistance under | ||||||
| 12 | this Article. As used in this Section, "opioid antagonist" | ||||||
| 13 | means a drug that binds to opioid receptors and blocks or | ||||||
| 14 | inhibits the effect of opioids acting on those receptors, | ||||||
| 15 | including, but not limited to, naloxone hydrochloride or any | ||||||
| 16 | other similarly acting drug approved by the U.S. Food and Drug | ||||||
| 17 | Administration. | ||||||
| 18 | (Source: P.A. 98-104, Article 9, Section 9-5, eff. 7-22-13; | ||||||
| 19 | 98-104, Article 12, Section 12-20, eff. 7-22-13; 98-303, eff. | ||||||
| 20 | 8-9-13; 98-463, eff. 8-16-13; 98-651, eff. 6-16-14; 98-756, | ||||||
| 21 | eff. 7-16-14; 98-963, eff. 8-15-14; 99-78, eff. 7-20-15; | ||||||
| 22 | 99-180, eff. 7-29-15; 99-236, eff. 8-3-15; 99-433, eff. | ||||||
| 23 | 8-21-15; 99-480, eff. 9-9-15; revised 10-13-15.)
| ||||||
| 24 | (Text of Section after amendment by P.A. 99-407) | ||||||
| 25 | Sec. 5-5. Medical services. The Illinois Department, by | ||||||
| |||||||
| |||||||
| 1 | rule, shall
determine the quantity and quality of and the rate | ||||||
| 2 | of reimbursement for the
medical assistance for which
payment | ||||||
| 3 | will be authorized, and the medical services to be provided,
| ||||||
| 4 | which may include all or part of the following: (1) inpatient | ||||||
| 5 | hospital
services; (2) outpatient hospital services; (3) other | ||||||
| 6 | laboratory and
X-ray services; (4) skilled nursing home | ||||||
| 7 | services; (5) physicians'
services whether furnished in the | ||||||
| 8 | office, the patient's home, a
hospital, a skilled nursing home, | ||||||
| 9 | or elsewhere; (6) medical care, or any
other type of remedial | ||||||
| 10 | care furnished by licensed practitioners; (7)
home health care | ||||||
| 11 | services; (8) private duty nursing service; (9) clinic
| ||||||
| 12 | services; (10) dental services, including prevention and | ||||||
| 13 | treatment of periodontal disease and dental caries disease for | ||||||
| 14 | pregnant women, provided by an individual licensed to practice | ||||||
| 15 | dentistry or dental surgery; for purposes of this item (10), | ||||||
| 16 | "dental services" means diagnostic, preventive, or corrective | ||||||
| 17 | procedures provided by or under the supervision of a dentist in | ||||||
| 18 | the practice of his or her profession; (11) physical therapy | ||||||
| 19 | and related
services; (12) prescribed drugs, dentures, and | ||||||
| 20 | prosthetic devices; and
eyeglasses prescribed by a physician | ||||||
| 21 | skilled in the diseases of the eye,
or by an optometrist, | ||||||
| 22 | whichever the person may select; (13) other
diagnostic, | ||||||
| 23 | screening, preventive, and rehabilitative services, including | ||||||
| 24 | to ensure that the individual's need for intervention or | ||||||
| 25 | treatment of mental disorders or substance use disorders or | ||||||
| 26 | co-occurring mental health and substance use disorders is | ||||||
| |||||||
| |||||||
| 1 | determined using a uniform screening, assessment, and | ||||||
| 2 | evaluation process inclusive of criteria, for children and | ||||||
| 3 | adults; for purposes of this item (13), a uniform screening, | ||||||
| 4 | assessment, and evaluation process refers to a process that | ||||||
| 5 | includes an appropriate evaluation and, as warranted, a | ||||||
| 6 | referral; "uniform" does not mean the use of a singular | ||||||
| 7 | instrument, tool, or process that all must utilize; (14)
| ||||||
| 8 | transportation and such other expenses as may be necessary; | ||||||
| 9 | (15) medical
treatment of sexual assault survivors, as defined | ||||||
| 10 | in
Section 1a of the Sexual Assault Survivors Emergency | ||||||
| 11 | Treatment Act, for
injuries sustained as a result of the sexual | ||||||
| 12 | assault, including
examinations and laboratory tests to | ||||||
| 13 | discover evidence which may be used in
criminal proceedings | ||||||
| 14 | arising from the sexual assault; (16) the
diagnosis and | ||||||
| 15 | treatment of sickle cell anemia; and (17)
any other medical | ||||||
| 16 | care, and any other type of remedial care recognized
under the | ||||||
| 17 | laws of this State, but not including abortions, or induced
| ||||||
| 18 | miscarriages or premature births, unless, in the opinion of a | ||||||
| 19 | physician,
such procedures are necessary for the preservation | ||||||
| 20 | of the life of the
woman seeking such treatment, or except an | ||||||
| 21 | induced premature birth
intended to produce a live viable child | ||||||
| 22 | and such procedure is necessary
for the health of the mother or | ||||||
| 23 | her unborn child. The Illinois Department,
by rule, shall | ||||||
| 24 | prohibit any physician from providing medical assistance
to | ||||||
| 25 | anyone eligible therefor under this Code where such physician | ||||||
| 26 | has been
found guilty of performing an abortion procedure in a | ||||||
| |||||||
| |||||||
| 1 | wilful and wanton
manner upon a woman who was not pregnant at | ||||||
| 2 | the time such abortion
procedure was performed. The term "any | ||||||
| 3 | other type of remedial care" shall
include nursing care and | ||||||
| 4 | nursing home service for persons who rely on
treatment by | ||||||
| 5 | spiritual means alone through prayer for healing.
| ||||||
| 6 | Notwithstanding any other provision of this Section, a | ||||||
| 7 | comprehensive
tobacco use cessation program that includes | ||||||
| 8 | purchasing prescription drugs or
prescription medical devices | ||||||
| 9 | approved by the Food and Drug Administration shall
be covered | ||||||
| 10 | under the medical assistance
program under this Article for | ||||||
| 11 | persons who are otherwise eligible for
assistance under this | ||||||
| 12 | Article.
| ||||||
| 13 | Notwithstanding any other provision of this Code, the | ||||||
| 14 | Illinois
Department may not require, as a condition of payment | ||||||
| 15 | for any laboratory
test authorized under this Article, that a | ||||||
| 16 | physician's handwritten signature
appear on the laboratory | ||||||
| 17 | test order form. The Illinois Department may,
however, impose | ||||||
| 18 | other appropriate requirements regarding laboratory test
order | ||||||
| 19 | documentation.
| ||||||
| 20 | Upon receipt of federal approval of an amendment to the | ||||||
| 21 | Illinois Title XIX State Plan for this purpose, the Department | ||||||
| 22 | shall authorize the Chicago Public Schools (CPS) to procure a | ||||||
| 23 | vendor or vendors to manufacture eyeglasses for individuals | ||||||
| 24 | enrolled in a school within the CPS system. CPS shall ensure | ||||||
| 25 | that its vendor or vendors are enrolled as providers in the | ||||||
| 26 | medical assistance program and in any capitated Medicaid | ||||||
| |||||||
| |||||||
| 1 | managed care entity (MCE) serving individuals enrolled in a | ||||||
| 2 | school within the CPS system. Under any contract procured under | ||||||
| 3 | this provision, the vendor or vendors must serve only | ||||||
| 4 | individuals enrolled in a school within the CPS system. Claims | ||||||
| 5 | for services provided by CPS's vendor or vendors to recipients | ||||||
| 6 | of benefits in the medical assistance program under this Code, | ||||||
| 7 | the Children's Health Insurance Program, or the Covering ALL | ||||||
| 8 | KIDS Health Insurance Program shall be submitted to the | ||||||
| 9 | Department or the MCE in which the individual is enrolled for | ||||||
| 10 | payment and shall be reimbursed at the Department's or the | ||||||
| 11 | MCE's established rates or rate methodologies for eyeglasses. | ||||||
| 12 | On and after July 1, 2012, the Department of Healthcare and | ||||||
| 13 | Family Services may provide the following services to
persons
| ||||||
| 14 | eligible for assistance under this Article who are | ||||||
| 15 | participating in
education, training or employment programs | ||||||
| 16 | operated by the Department of Human
Services as successor to | ||||||
| 17 | the Department of Public Aid:
| ||||||
| 18 | (1) dental services provided by or under the | ||||||
| 19 | supervision of a dentist; and
| ||||||
| 20 | (2) eyeglasses prescribed by a physician skilled in the | ||||||
| 21 | diseases of the
eye, or by an optometrist, whichever the | ||||||
| 22 | person may select.
| ||||||
| 23 | Notwithstanding any other provision of this Code and | ||||||
| 24 | subject to federal approval, the Department may adopt rules to | ||||||
| 25 | allow a dentist who is volunteering his or her service at no | ||||||
| 26 | cost to render dental services through an enrolled | ||||||
| |||||||
| |||||||
| 1 | not-for-profit health clinic without the dentist personally | ||||||
| 2 | enrolling as a participating provider in the medical assistance | ||||||
| 3 | program. A not-for-profit health clinic shall include a public | ||||||
| 4 | health clinic or Federally Qualified Health Center or other | ||||||
| 5 | enrolled provider, as determined by the Department, through | ||||||
| 6 | which dental services covered under this Section are performed. | ||||||
| 7 | The Department shall establish a process for payment of claims | ||||||
| 8 | for reimbursement for covered dental services rendered under | ||||||
| 9 | this provision. | ||||||
| 10 | The Illinois Department, by rule, may distinguish and | ||||||
| 11 | classify the
medical services to be provided only in accordance | ||||||
| 12 | with the classes of
persons designated in Section 5-2.
| ||||||
| 13 | The Department of Healthcare and Family Services must | ||||||
| 14 | provide coverage and reimbursement for amino acid-based | ||||||
| 15 | elemental formulas, regardless of delivery method, for the | ||||||
| 16 | diagnosis and treatment of (i) eosinophilic disorders and (ii) | ||||||
| 17 | short bowel syndrome when the prescribing physician has issued | ||||||
| 18 | a written order stating that the amino acid-based elemental | ||||||
| 19 | formula is medically necessary.
| ||||||
| 20 | The Illinois Department shall authorize the provision of, | ||||||
| 21 | and shall
authorize payment for, screening by low-dose | ||||||
| 22 | mammography for the presence of
occult breast cancer for women | ||||||
| 23 | 35 years of age or older who are eligible
for medical | ||||||
| 24 | assistance under this Article, as follows: | ||||||
| 25 | (A) A baseline
mammogram for women 35 to 39 years of | ||||||
| 26 | age.
| ||||||
| |||||||
| |||||||
| 1 | (B) An annual mammogram for women 40 years of age or | ||||||
| 2 | older. | ||||||
| 3 | (C) A mammogram at the age and intervals considered | ||||||
| 4 | medically necessary by the woman's health care provider for | ||||||
| 5 | women under 40 years of age and having a family history of | ||||||
| 6 | breast cancer, prior personal history of breast cancer, | ||||||
| 7 | positive genetic testing, or other risk factors. | ||||||
| 8 | (D) A comprehensive ultrasound screening of an entire | ||||||
| 9 | breast or breasts if a mammogram demonstrates | ||||||
| 10 | heterogeneous or dense breast tissue, when medically | ||||||
| 11 | necessary as determined by a physician licensed to practice | ||||||
| 12 | medicine in all of its branches. | ||||||
| 13 | (E) A screening MRI when medically necessary, as | ||||||
| 14 | determined by a physician licensed to practice medicine in | ||||||
| 15 | all of its branches. | ||||||
| 16 | All screenings
shall
include a physical breast exam, | ||||||
| 17 | instruction on self-examination and
information regarding the | ||||||
| 18 | frequency of self-examination and its value as a
preventative | ||||||
| 19 | tool. For purposes of this Section, "low-dose mammography" | ||||||
| 20 | means
the x-ray examination of the breast using equipment | ||||||
| 21 | dedicated specifically
for mammography, including the x-ray | ||||||
| 22 | tube, filter, compression device,
and image receptor, with an | ||||||
| 23 | average radiation exposure delivery
of less than one rad per | ||||||
| 24 | breast for 2 views of an average size breast.
The term also | ||||||
| 25 | includes digital mammography and includes breast | ||||||
| 26 | tomosynthesis. As used in this Section, the term "breast | ||||||
| |||||||
| |||||||
| 1 | tomosynthesis" means a radiologic procedure that involves the | ||||||
| 2 | acquisition of projection images over the stationary breast to | ||||||
| 3 | produce cross-sectional digital three-dimensional images of | ||||||
| 4 | the breast.
| ||||||
| 5 | On and after January 1, 2016, the Department shall ensure | ||||||
| 6 | that all networks of care for adult clients of the Department | ||||||
| 7 | include access to at least one breast imaging Center of Imaging | ||||||
| 8 | Excellence as certified by the American College of Radiology. | ||||||
| 9 | On and after January 1, 2012, providers participating in a | ||||||
| 10 | quality improvement program approved by the Department shall be | ||||||
| 11 | reimbursed for screening and diagnostic mammography at the same | ||||||
| 12 | rate as the Medicare program's rates, including the increased | ||||||
| 13 | reimbursement for digital mammography. | ||||||
| 14 | The Department shall convene an expert panel including | ||||||
| 15 | representatives of hospitals, free-standing mammography | ||||||
| 16 | facilities, and doctors, including radiologists, to establish | ||||||
| 17 | quality standards for mammography. | ||||||
| 18 | On and after January 1, 2017, providers participating in a | ||||||
| 19 | breast cancer treatment quality improvement program approved | ||||||
| 20 | by the Department shall be reimbursed for breast cancer | ||||||
| 21 | treatment at a rate that is no lower than 95% of the Medicare | ||||||
| 22 | program's rates for the data elements included in the breast | ||||||
| 23 | cancer treatment quality program. | ||||||
| 24 | The Department shall convene an expert panel, including | ||||||
| 25 | representatives of hospitals, free standing breast cancer | ||||||
| 26 | treatment centers, breast cancer quality organizations, and | ||||||
| |||||||
| |||||||
| 1 | doctors, including breast surgeons, reconstructive breast | ||||||
| 2 | surgeons, oncologists, and primary care providers to establish | ||||||
| 3 | quality standards for breast cancer treatment. | ||||||
| 4 | Subject to federal approval, the Department shall | ||||||
| 5 | establish a rate methodology for mammography at federally | ||||||
| 6 | qualified health centers and other encounter-rate clinics. | ||||||
| 7 | These clinics or centers may also collaborate with other | ||||||
| 8 | hospital-based mammography facilities. By January 1, 2016, the | ||||||
| 9 | Department shall report to the General Assembly on the status | ||||||
| 10 | of the provision set forth in this paragraph. | ||||||
| 11 | The Department shall establish a methodology to remind | ||||||
| 12 | women who are age-appropriate for screening mammography, but | ||||||
| 13 | who have not received a mammogram within the previous 18 | ||||||
| 14 | months, of the importance and benefit of screening mammography. | ||||||
| 15 | The Department shall work with experts in breast cancer | ||||||
| 16 | outreach and patient navigation to optimize these reminders and | ||||||
| 17 | shall establish a methodology for evaluating their | ||||||
| 18 | effectiveness and modifying the methodology based on the | ||||||
| 19 | evaluation. | ||||||
| 20 | The Department shall establish a performance goal for | ||||||
| 21 | primary care providers with respect to their female patients | ||||||
| 22 | over age 40 receiving an annual mammogram. This performance | ||||||
| 23 | goal shall be used to provide additional reimbursement in the | ||||||
| 24 | form of a quality performance bonus to primary care providers | ||||||
| 25 | who meet that goal. | ||||||
| 26 | The Department shall devise a means of case-managing or | ||||||
| |||||||
| |||||||
| 1 | patient navigation for beneficiaries diagnosed with breast | ||||||
| 2 | cancer. This program shall initially operate as a pilot program | ||||||
| 3 | in areas of the State with the highest incidence of mortality | ||||||
| 4 | related to breast cancer. At least one pilot program site shall | ||||||
| 5 | be in the metropolitan Chicago area and at least one site shall | ||||||
| 6 | be outside the metropolitan Chicago area. On or after July 1, | ||||||
| 7 | 2016, the pilot program shall be expanded to include one site | ||||||
| 8 | in western Illinois, one site in southern Illinois, one site in | ||||||
| 9 | central Illinois, and 4 sites within metropolitan Chicago. An | ||||||
| 10 | evaluation of the pilot program shall be carried out measuring | ||||||
| 11 | health outcomes and cost of care for those served by the pilot | ||||||
| 12 | program compared to similarly situated patients who are not | ||||||
| 13 | served by the pilot program. | ||||||
| 14 | The Department shall require all networks of care to | ||||||
| 15 | develop a means either internally or by contract with experts | ||||||
| 16 | in navigation and community outreach to navigate cancer | ||||||
| 17 | patients to comprehensive care in a timely fashion. The | ||||||
| 18 | Department shall require all networks of care to include access | ||||||
| 19 | for patients diagnosed with cancer to at least one academic | ||||||
| 20 | commission on cancer-accredited cancer program as an | ||||||
| 21 | in-network covered benefit. | ||||||
| 22 | Any medical or health care provider shall immediately | ||||||
| 23 | recommend, to
any pregnant woman who is being provided prenatal | ||||||
| 24 | services and is suspected
of drug abuse or is addicted as | ||||||
| 25 | defined in the Alcoholism and Other Drug Abuse
and Dependency | ||||||
| 26 | Act, referral to a local substance abuse treatment provider
| ||||||
| |||||||
| |||||||
| 1 | licensed by the Department of Human Services or to a licensed
| ||||||
| 2 | hospital which provides substance abuse treatment services. | ||||||
| 3 | The Department of Healthcare and Family Services
shall assure | ||||||
| 4 | coverage for the cost of treatment of the drug abuse or
| ||||||
| 5 | addiction for pregnant recipients in accordance with the | ||||||
| 6 | Illinois Medicaid
Program in conjunction with the Department of | ||||||
| 7 | Human Services.
| ||||||
| 8 | All medical providers providing medical assistance to | ||||||
| 9 | pregnant women
under this Code shall receive information from | ||||||
| 10 | the Department on the
availability of services under the Drug | ||||||
| 11 | Free Families with a Future or any
comparable program providing | ||||||
| 12 | case management services for addicted women,
including | ||||||
| 13 | information on appropriate referrals for other social services
| ||||||
| 14 | that may be needed by addicted women in addition to treatment | ||||||
| 15 | for addiction.
| ||||||
| 16 | The Illinois Department, in cooperation with the | ||||||
| 17 | Departments of Human
Services (as successor to the Department | ||||||
| 18 | of Alcoholism and Substance
Abuse) and Public Health, through a | ||||||
| 19 | public awareness campaign, may
provide information concerning | ||||||
| 20 | treatment for alcoholism and drug abuse and
addiction, prenatal | ||||||
| 21 | health care, and other pertinent programs directed at
reducing | ||||||
| 22 | the number of drug-affected infants born to recipients of | ||||||
| 23 | medical
assistance.
| ||||||
| 24 | Neither the Department of Healthcare and Family Services | ||||||
| 25 | nor the Department of Human
Services shall sanction the | ||||||
| 26 | recipient solely on the basis of
her substance abuse.
| ||||||
| |||||||
| |||||||
| 1 | The Illinois Department shall establish such regulations | ||||||
| 2 | governing
the dispensing of health services under this Article | ||||||
| 3 | as it shall deem
appropriate. The Department
should
seek the | ||||||
| 4 | advice of formal professional advisory committees appointed by
| ||||||
| 5 | the Director of the Illinois Department for the purpose of | ||||||
| 6 | providing regular
advice on policy and administrative matters, | ||||||
| 7 | information dissemination and
educational activities for | ||||||
| 8 | medical and health care providers, and
consistency in | ||||||
| 9 | procedures to the Illinois Department.
| ||||||
| 10 | The Illinois Department may develop and contract with | ||||||
| 11 | Partnerships of
medical providers to arrange medical services | ||||||
| 12 | for persons eligible under
Section 5-2 of this Code. | ||||||
| 13 | Implementation of this Section may be by
demonstration projects | ||||||
| 14 | in certain geographic areas. The Partnership shall
be | ||||||
| 15 | represented by a sponsor organization. The Department, by rule, | ||||||
| 16 | shall
develop qualifications for sponsors of Partnerships. | ||||||
| 17 | Nothing in this
Section shall be construed to require that the | ||||||
| 18 | sponsor organization be a
medical organization.
| ||||||
| 19 | The sponsor must negotiate formal written contracts with | ||||||
| 20 | medical
providers for physician services, inpatient and | ||||||
| 21 | outpatient hospital care,
home health services, treatment for | ||||||
| 22 | alcoholism and substance abuse, and
other services determined | ||||||
| 23 | necessary by the Illinois Department by rule for
delivery by | ||||||
| 24 | Partnerships. Physician services must include prenatal and
| ||||||
| 25 | obstetrical care. The Illinois Department shall reimburse | ||||||
| 26 | medical services
delivered by Partnership providers to clients | ||||||
| |||||||
| |||||||
| 1 | in target areas according to
provisions of this Article and the | ||||||
| 2 | Illinois Health Finance Reform Act,
except that:
| ||||||
| 3 | (1) Physicians participating in a Partnership and | ||||||
| 4 | providing certain
services, which shall be determined by | ||||||
| 5 | the Illinois Department, to persons
in areas covered by the | ||||||
| 6 | Partnership may receive an additional surcharge
for such | ||||||
| 7 | services.
| ||||||
| 8 | (2) The Department may elect to consider and negotiate | ||||||
| 9 | financial
incentives to encourage the development of | ||||||
| 10 | Partnerships and the efficient
delivery of medical care.
| ||||||
| 11 | (3) Persons receiving medical services through | ||||||
| 12 | Partnerships may receive
medical and case management | ||||||
| 13 | services above the level usually offered
through the | ||||||
| 14 | medical assistance program.
| ||||||
| 15 | Medical providers shall be required to meet certain | ||||||
| 16 | qualifications to
participate in Partnerships to ensure the | ||||||
| 17 | delivery of high quality medical
services. These | ||||||
| 18 | qualifications shall be determined by rule of the Illinois
| ||||||
| 19 | Department and may be higher than qualifications for | ||||||
| 20 | participation in the
medical assistance program. Partnership | ||||||
| 21 | sponsors may prescribe reasonable
additional qualifications | ||||||
| 22 | for participation by medical providers, only with
the prior | ||||||
| 23 | written approval of the Illinois Department.
| ||||||
| 24 | Nothing in this Section shall limit the free choice of | ||||||
| 25 | practitioners,
hospitals, and other providers of medical | ||||||
| 26 | services by clients.
In order to ensure patient freedom of | ||||||
| |||||||
| |||||||
| 1 | choice, the Illinois Department shall
immediately promulgate | ||||||
| 2 | all rules and take all other necessary actions so that
provided | ||||||
| 3 | services may be accessed from therapeutically certified | ||||||
| 4 | optometrists
to the full extent of the Illinois Optometric | ||||||
| 5 | Practice Act of 1987 without
discriminating between service | ||||||
| 6 | providers.
| ||||||
| 7 | The Department shall apply for a waiver from the United | ||||||
| 8 | States Health
Care Financing Administration to allow for the | ||||||
| 9 | implementation of
Partnerships under this Section.
| ||||||
| 10 | The Illinois Department shall require health care | ||||||
| 11 | providers to maintain
records that document the medical care | ||||||
| 12 | and services provided to recipients
of Medical Assistance under | ||||||
| 13 | this Article. Such records must be retained for a period of not | ||||||
| 14 | less than 6 years from the date of service or as provided by | ||||||
| 15 | applicable State law, whichever period is longer, except that | ||||||
| 16 | if an audit is initiated within the required retention period | ||||||
| 17 | then the records must be retained until the audit is completed | ||||||
| 18 | and every exception is resolved. The Illinois Department shall
| ||||||
| 19 | require health care providers to make available, when | ||||||
| 20 | authorized by the
patient, in writing, the medical records in a | ||||||
| 21 | timely fashion to other
health care providers who are treating | ||||||
| 22 | or serving persons eligible for
Medical Assistance under this | ||||||
| 23 | Article. All dispensers of medical services
shall be required | ||||||
| 24 | to maintain and retain business and professional records
| ||||||
| 25 | sufficient to fully and accurately document the nature, scope, | ||||||
| 26 | details and
receipt of the health care provided to persons | ||||||
| |||||||
| |||||||
| 1 | eligible for medical
assistance under this Code, in accordance | ||||||
| 2 | with regulations promulgated by
the Illinois Department. The | ||||||
| 3 | rules and regulations shall require that proof
of the receipt | ||||||
| 4 | of prescription drugs, dentures, prosthetic devices and
| ||||||
| 5 | eyeglasses by eligible persons under this Section accompany | ||||||
| 6 | each claim
for reimbursement submitted by the dispenser of such | ||||||
| 7 | medical services.
No such claims for reimbursement shall be | ||||||
| 8 | approved for payment by the Illinois
Department without such | ||||||
| 9 | proof of receipt, unless the Illinois Department
shall have put | ||||||
| 10 | into effect and shall be operating a system of post-payment
| ||||||
| 11 | audit and review which shall, on a sampling basis, be deemed | ||||||
| 12 | adequate by
the Illinois Department to assure that such drugs, | ||||||
| 13 | dentures, prosthetic
devices and eyeglasses for which payment | ||||||
| 14 | is being made are actually being
received by eligible | ||||||
| 15 | recipients. Within 90 days after September 16, 1984 (the | ||||||
| 16 | effective date of Public Act 83-1439)
this amendatory Act of | ||||||
| 17 | 1984, the Illinois Department shall establish a
current list of | ||||||
| 18 | acquisition costs for all prosthetic devices and any
other | ||||||
| 19 | items recognized as medical equipment and supplies | ||||||
| 20 | reimbursable under
this Article and shall update such list on a | ||||||
| 21 | quarterly basis, except that
the acquisition costs of all | ||||||
| 22 | prescription drugs shall be updated no
less frequently than | ||||||
| 23 | every 30 days as required by Section 5-5.12.
| ||||||
| 24 | The rules and regulations of the Illinois Department shall | ||||||
| 25 | require
that a written statement including the required opinion | ||||||
| 26 | of a physician
shall accompany any claim for reimbursement for | ||||||
| |||||||
| |||||||
| 1 | abortions, or induced
miscarriages or premature births. This | ||||||
| 2 | statement shall indicate what
procedures were used in providing | ||||||
| 3 | such medical services.
| ||||||
| 4 | Notwithstanding any other law to the contrary, the Illinois | ||||||
| 5 | Department shall, within 365 days after July 22, 2013 (the | ||||||
| 6 | effective date of Public Act 98-104), establish procedures to | ||||||
| 7 | permit skilled care facilities licensed under the Nursing Home | ||||||
| 8 | Care Act to submit monthly billing claims for reimbursement | ||||||
| 9 | purposes. Following development of these procedures, the | ||||||
| 10 | Department shall, by July 1, 2016, test the viability of the | ||||||
| 11 | new system and implement any necessary operational or | ||||||
| 12 | structural changes to its information technology platforms in | ||||||
| 13 | order to allow for the direct acceptance and payment of nursing | ||||||
| 14 | home claims. | ||||||
| 15 | Notwithstanding any other law to the contrary, the Illinois | ||||||
| 16 | Department shall, within 365 days after August 15, 2014 (the | ||||||
| 17 | effective date of Public Act 98-963), establish procedures to | ||||||
| 18 | permit ID/DD facilities licensed under the ID/DD Community Care | ||||||
| 19 | Act and MC/DD facilities licensed under the MC/DD Act to submit | ||||||
| 20 | monthly billing claims for reimbursement purposes. Following | ||||||
| 21 | development of these procedures, the Department shall have an | ||||||
| 22 | additional 365 days to test the viability of the new system and | ||||||
| 23 | to ensure that any necessary operational or structural changes | ||||||
| 24 | to its information technology platforms are implemented. | ||||||
| 25 | The Illinois Department shall require all dispensers of | ||||||
| 26 | medical
services, other than an individual practitioner or | ||||||
| |||||||
| |||||||
| 1 | group of practitioners,
desiring to participate in the Medical | ||||||
| 2 | Assistance program
established under this Article to disclose | ||||||
| 3 | all financial, beneficial,
ownership, equity, surety or other | ||||||
| 4 | interests in any and all firms,
corporations, partnerships, | ||||||
| 5 | associations, business enterprises, joint
ventures, agencies, | ||||||
| 6 | institutions or other legal entities providing any
form of | ||||||
| 7 | health care services in this State under this Article.
| ||||||
| 8 | The Illinois Department may require that all dispensers of | ||||||
| 9 | medical
services desiring to participate in the medical | ||||||
| 10 | assistance program
established under this Article disclose, | ||||||
| 11 | under such terms and conditions as
the Illinois Department may | ||||||
| 12 | by rule establish, all inquiries from clients
and attorneys | ||||||
| 13 | regarding medical bills paid by the Illinois Department, which
| ||||||
| 14 | inquiries could indicate potential existence of claims or liens | ||||||
| 15 | for the
Illinois Department.
| ||||||
| 16 | Enrollment of a vendor
shall be
subject to a provisional | ||||||
| 17 | period and shall be conditional for one year. During the period | ||||||
| 18 | of conditional enrollment, the Department may
terminate the | ||||||
| 19 | vendor's eligibility to participate in, or may disenroll the | ||||||
| 20 | vendor from, the medical assistance
program without cause. | ||||||
| 21 | Unless otherwise specified, such termination of eligibility or | ||||||
| 22 | disenrollment is not subject to the
Department's hearing | ||||||
| 23 | process.
However, a disenrolled vendor may reapply without | ||||||
| 24 | penalty.
| ||||||
| 25 | The Department has the discretion to limit the conditional | ||||||
| 26 | enrollment period for vendors based upon category of risk of | ||||||
| |||||||
| |||||||
| 1 | the vendor. | ||||||
| 2 | Prior to enrollment and during the conditional enrollment | ||||||
| 3 | period in the medical assistance program, all vendors shall be | ||||||
| 4 | subject to enhanced oversight, screening, and review based on | ||||||
| 5 | the risk of fraud, waste, and abuse that is posed by the | ||||||
| 6 | category of risk of the vendor. The Illinois Department shall | ||||||
| 7 | establish the procedures for oversight, screening, and review, | ||||||
| 8 | which may include, but need not be limited to: criminal and | ||||||
| 9 | financial background checks; fingerprinting; license, | ||||||
| 10 | certification, and authorization verifications; unscheduled or | ||||||
| 11 | unannounced site visits; database checks; prepayment audit | ||||||
| 12 | reviews; audits; payment caps; payment suspensions; and other | ||||||
| 13 | screening as required by federal or State law. | ||||||
| 14 | The Department shall define or specify the following: (i) | ||||||
| 15 | by provider notice, the "category of risk of the vendor" for | ||||||
| 16 | each type of vendor, which shall take into account the level of | ||||||
| 17 | screening applicable to a particular category of vendor under | ||||||
| 18 | federal law and regulations; (ii) by rule or provider notice, | ||||||
| 19 | the maximum length of the conditional enrollment period for | ||||||
| 20 | each category of risk of the vendor; and (iii) by rule, the | ||||||
| 21 | hearing rights, if any, afforded to a vendor in each category | ||||||
| 22 | of risk of the vendor that is terminated or disenrolled during | ||||||
| 23 | the conditional enrollment period. | ||||||
| 24 | To be eligible for payment consideration, a vendor's | ||||||
| 25 | payment claim or bill, either as an initial claim or as a | ||||||
| 26 | resubmitted claim following prior rejection, must be received | ||||||
| |||||||
| |||||||
| 1 | by the Illinois Department, or its fiscal intermediary, no | ||||||
| 2 | later than 180 days after the latest date on the claim on which | ||||||
| 3 | medical goods or services were provided, with the following | ||||||
| 4 | exceptions: | ||||||
| 5 | (1) In the case of a provider whose enrollment is in | ||||||
| 6 | process by the Illinois Department, the 180-day period | ||||||
| 7 | shall not begin until the date on the written notice from | ||||||
| 8 | the Illinois Department that the provider enrollment is | ||||||
| 9 | complete. | ||||||
| 10 | (2) In the case of errors attributable to the Illinois | ||||||
| 11 | Department or any of its claims processing intermediaries | ||||||
| 12 | which result in an inability to receive, process, or | ||||||
| 13 | adjudicate a claim, the 180-day period shall not begin | ||||||
| 14 | until the provider has been notified of the error. | ||||||
| 15 | (3) In the case of a provider for whom the Illinois | ||||||
| 16 | Department initiates the monthly billing process. | ||||||
| 17 | (4) In the case of a provider operated by a unit of | ||||||
| 18 | local government with a population exceeding 3,000,000 | ||||||
| 19 | when local government funds finance federal participation | ||||||
| 20 | for claims payments. | ||||||
| 21 | For claims for services rendered during a period for which | ||||||
| 22 | a recipient received retroactive eligibility, claims must be | ||||||
| 23 | filed within 180 days after the Department determines the | ||||||
| 24 | applicant is eligible. For claims for which the Illinois | ||||||
| 25 | Department is not the primary payer, claims must be submitted | ||||||
| 26 | to the Illinois Department within 180 days after the final | ||||||
| |||||||
| |||||||
| 1 | adjudication by the primary payer. | ||||||
| 2 | In the case of long term care facilities, within 5 days of | ||||||
| 3 | receipt by the facility of required prescreening information, | ||||||
| 4 | data for new admissions shall be entered into the Medical | ||||||
| 5 | Electronic Data Interchange (MEDI) or the Recipient | ||||||
| 6 | Eligibility Verification (REV) System or successor system, and | ||||||
| 7 | within 15 days of receipt by the facility of required | ||||||
| 8 | prescreening information, admission documents shall be | ||||||
| 9 | submitted through MEDI or REV or shall be submitted directly to | ||||||
| 10 | the Department of Human Services using required admission | ||||||
| 11 | forms. Effective September
1, 2014, admission documents, | ||||||
| 12 | including all prescreening
information, must be submitted | ||||||
| 13 | through MEDI or REV. Confirmation numbers assigned to an | ||||||
| 14 | accepted transaction shall be retained by a facility to verify | ||||||
| 15 | timely submittal. Once an admission transaction has been | ||||||
| 16 | completed, all resubmitted claims following prior rejection | ||||||
| 17 | are subject to receipt no later than 180 days after the | ||||||
| 18 | admission transaction has been completed. | ||||||
| 19 | Claims that are not submitted and received in compliance | ||||||
| 20 | with the foregoing requirements shall not be eligible for | ||||||
| 21 | payment under the medical assistance program, and the State | ||||||
| 22 | shall have no liability for payment of those claims. | ||||||
| 23 | To the extent consistent with applicable information and | ||||||
| 24 | privacy, security, and disclosure laws, State and federal | ||||||
| 25 | agencies and departments shall provide the Illinois Department | ||||||
| 26 | access to confidential and other information and data necessary | ||||||
| |||||||
| |||||||
| 1 | to perform eligibility and payment verifications and other | ||||||
| 2 | Illinois Department functions. This includes, but is not | ||||||
| 3 | limited to: information pertaining to licensure; | ||||||
| 4 | certification; earnings; immigration status; citizenship; wage | ||||||
| 5 | reporting; unearned and earned income; pension income; | ||||||
| 6 | employment; supplemental security income; social security | ||||||
| 7 | numbers; National Provider Identifier (NPI) numbers; the | ||||||
| 8 | National Practitioner Data Bank (NPDB); program and agency | ||||||
| 9 | exclusions; taxpayer identification numbers; tax delinquency; | ||||||
| 10 | corporate information; and death records. | ||||||
| 11 | The Illinois Department shall enter into agreements with | ||||||
| 12 | State agencies and departments, and is authorized to enter into | ||||||
| 13 | agreements with federal agencies and departments, under which | ||||||
| 14 | such agencies and departments shall share data necessary for | ||||||
| 15 | medical assistance program integrity functions and oversight. | ||||||
| 16 | The Illinois Department shall develop, in cooperation with | ||||||
| 17 | other State departments and agencies, and in compliance with | ||||||
| 18 | applicable federal laws and regulations, appropriate and | ||||||
| 19 | effective methods to share such data. At a minimum, and to the | ||||||
| 20 | extent necessary to provide data sharing, the Illinois | ||||||
| 21 | Department shall enter into agreements with State agencies and | ||||||
| 22 | departments, and is authorized to enter into agreements with | ||||||
| 23 | federal agencies and departments, including but not limited to: | ||||||
| 24 | the Secretary of State; the Department of Revenue; the | ||||||
| 25 | Department of Public Health; the Department of Human Services; | ||||||
| 26 | and the Department of Financial and Professional Regulation. | ||||||
| |||||||
| |||||||
| 1 | Beginning in fiscal year 2013, the Illinois Department | ||||||
| 2 | shall set forth a request for information to identify the | ||||||
| 3 | benefits of a pre-payment, post-adjudication, and post-edit | ||||||
| 4 | claims system with the goals of streamlining claims processing | ||||||
| 5 | and provider reimbursement, reducing the number of pending or | ||||||
| 6 | rejected claims, and helping to ensure a more transparent | ||||||
| 7 | adjudication process through the utilization of: (i) provider | ||||||
| 8 | data verification and provider screening technology; and (ii) | ||||||
| 9 | clinical code editing; and (iii) pre-pay, pre- or | ||||||
| 10 | post-adjudicated predictive modeling with an integrated case | ||||||
| 11 | management system with link analysis. Such a request for | ||||||
| 12 | information shall not be considered as a request for proposal | ||||||
| 13 | or as an obligation on the part of the Illinois Department to | ||||||
| 14 | take any action or acquire any products or services. | ||||||
| 15 | The Illinois Department shall establish policies, | ||||||
| 16 | procedures,
standards and criteria by rule for the acquisition, | ||||||
| 17 | repair and replacement
of orthotic and prosthetic devices and | ||||||
| 18 | durable medical equipment. Such
rules shall provide, but not be | ||||||
| 19 | limited to, the following services: (1)
immediate repair or | ||||||
| 20 | replacement of such devices by recipients; and (2) rental, | ||||||
| 21 | lease, purchase or lease-purchase of
durable medical equipment | ||||||
| 22 | in a cost-effective manner, taking into
consideration the | ||||||
| 23 | recipient's medical prognosis, the extent of the
recipient's | ||||||
| 24 | needs, and the requirements and costs for maintaining such
| ||||||
| 25 | equipment. Subject to prior approval, such rules shall enable a | ||||||
| 26 | recipient to temporarily acquire and
use alternative or | ||||||
| |||||||
| |||||||
| 1 | substitute devices or equipment pending repairs or
| ||||||
| 2 | replacements of any device or equipment previously authorized | ||||||
| 3 | for such
recipient by the Department.
| ||||||
| 4 | The Department shall execute, relative to the nursing home | ||||||
| 5 | prescreening
project, written inter-agency agreements with the | ||||||
| 6 | Department of Human
Services and the Department on Aging, to | ||||||
| 7 | effect the following: (i) intake
procedures and common | ||||||
| 8 | eligibility criteria for those persons who are receiving
| ||||||
| 9 | non-institutional services; and (ii) the establishment and | ||||||
| 10 | development of
non-institutional services in areas of the State | ||||||
| 11 | where they are not currently
available or are undeveloped; and | ||||||
| 12 | (iii) notwithstanding any other provision of law, subject to | ||||||
| 13 | federal approval, on and after July 1, 2012, an increase in the | ||||||
| 14 | determination of need (DON) scores from 29 to 37 for applicants | ||||||
| 15 | for institutional and home and community-based long term care; | ||||||
| 16 | if and only if federal approval is not granted, the Department | ||||||
| 17 | may, in conjunction with other affected agencies, implement | ||||||
| 18 | utilization controls or changes in benefit packages to | ||||||
| 19 | effectuate a similar savings amount for this population; and | ||||||
| 20 | (iv) no later than July 1, 2013, minimum level of care | ||||||
| 21 | eligibility criteria for institutional and home and | ||||||
| 22 | community-based long term care; and (v) no later than October | ||||||
| 23 | 1, 2013, establish procedures to permit long term care | ||||||
| 24 | providers access to eligibility scores for individuals with an | ||||||
| 25 | admission date who are seeking or receiving services from the | ||||||
| 26 | long term care provider. In order to select the minimum level | ||||||
| |||||||
| |||||||
| 1 | of care eligibility criteria, the Governor shall establish a | ||||||
| 2 | workgroup that includes affected agency representatives and | ||||||
| 3 | stakeholders representing the institutional and home and | ||||||
| 4 | community-based long term care interests. This Section shall | ||||||
| 5 | not restrict the Department from implementing lower level of | ||||||
| 6 | care eligibility criteria for community-based services in | ||||||
| 7 | circumstances where federal approval has been granted.
| ||||||
| 8 | The Illinois Department shall develop and operate, in | ||||||
| 9 | cooperation
with other State Departments and agencies and in | ||||||
| 10 | compliance with
applicable federal laws and regulations, | ||||||
| 11 | appropriate and effective
systems of health care evaluation and | ||||||
| 12 | programs for monitoring of
utilization of health care services | ||||||
| 13 | and facilities, as it affects
persons eligible for medical | ||||||
| 14 | assistance under this Code.
| ||||||
| 15 | The Illinois Department shall report annually to the | ||||||
| 16 | General Assembly,
no later than the second Friday in April of | ||||||
| 17 | 1979 and each year
thereafter, in regard to:
| ||||||
| 18 | (a) actual statistics and trends in utilization of | ||||||
| 19 | medical services by
public aid recipients;
| ||||||
| 20 | (b) actual statistics and trends in the provision of | ||||||
| 21 | the various medical
services by medical vendors;
| ||||||
| 22 | (c) current rate structures and proposed changes in | ||||||
| 23 | those rate structures
for the various medical vendors; and
| ||||||
| 24 | (d) efforts at utilization review and control by the | ||||||
| 25 | Illinois Department.
| ||||||
| 26 | The period covered by each report shall be the 3 years | ||||||
| |||||||
| |||||||
| 1 | ending on the June
30 prior to the report. The report shall | ||||||
| 2 | include suggested legislation
for consideration by the General | ||||||
| 3 | Assembly. The filing of one copy of the
report with the | ||||||
| 4 | Speaker, one copy with the Minority Leader and one copy
with | ||||||
| 5 | the Clerk of the House of Representatives, one copy with the | ||||||
| 6 | President,
one copy with the Minority Leader and one copy with | ||||||
| 7 | the Secretary of the
Senate, one copy with the Legislative | ||||||
| 8 | Research Unit, and such additional
copies
with the State | ||||||
| 9 | Government Report Distribution Center for the General
Assembly | ||||||
| 10 | as is required under paragraph (t) of Section 7 of the State
| ||||||
| 11 | Library Act shall be deemed sufficient to comply with this | ||||||
| 12 | Section.
| ||||||
| 13 | Rulemaking authority to implement Public Act 95-1045, if | ||||||
| 14 | any, is conditioned on the rules being adopted in accordance | ||||||
| 15 | with all provisions of the Illinois Administrative Procedure | ||||||
| 16 | Act and all rules and procedures of the Joint Committee on | ||||||
| 17 | Administrative Rules; any purported rule not so adopted, for | ||||||
| 18 | whatever reason, is unauthorized. | ||||||
| 19 | On and after July 1, 2012, the Department shall reduce any | ||||||
| 20 | rate of reimbursement for services or other payments or alter | ||||||
| 21 | any methodologies authorized by this Code to reduce any rate of | ||||||
| 22 | reimbursement for services or other payments in accordance with | ||||||
| 23 | Section 5-5e. | ||||||
| 24 | Because kidney transplantation can be an appropriate, cost | ||||||
| 25 | effective
alternative to renal dialysis when medically | ||||||
| 26 | necessary and notwithstanding the provisions of Section 1-11 of | ||||||
| |||||||
| |||||||
| 1 | this Code, beginning October 1, 2014, the Department shall | ||||||
| 2 | cover kidney transplantation for noncitizens with end-stage | ||||||
| 3 | renal disease who are not eligible for comprehensive medical | ||||||
| 4 | benefits, who meet the residency requirements of Section 5-3 of | ||||||
| 5 | this Code, and who would otherwise meet the financial | ||||||
| 6 | requirements of the appropriate class of eligible persons under | ||||||
| 7 | Section 5-2 of this Code. To qualify for coverage of kidney | ||||||
| 8 | transplantation, such person must be receiving emergency renal | ||||||
| 9 | dialysis services covered by the Department. Providers under | ||||||
| 10 | this Section shall be prior approved and certified by the | ||||||
| 11 | Department to perform kidney transplantation and the services | ||||||
| 12 | under this Section shall be limited to services associated with | ||||||
| 13 | kidney transplantation. | ||||||
| 14 | Notwithstanding any other provision of this Code to the | ||||||
| 15 | contrary, on or after July 1, 2015, all FDA approved forms of | ||||||
| 16 | medication assisted treatment prescribed for the treatment of | ||||||
| 17 | alcohol dependence or treatment of opioid dependence shall be | ||||||
| 18 | covered under both fee for service and managed care medical | ||||||
| 19 | assistance programs for persons who are otherwise eligible for | ||||||
| 20 | medical assistance under this Article and shall not be subject | ||||||
| 21 | to any (1) utilization control, other than those established | ||||||
| 22 | under the American Society of Addiction Medicine patient | ||||||
| 23 | placement criteria,
(2) prior authorization mandate, or (3) | ||||||
| 24 | lifetime restriction limit
mandate. | ||||||
| 25 | On or after July 1, 2015, opioid antagonists prescribed for | ||||||
| 26 | the treatment of an opioid overdose, including the medication | ||||||
| |||||||
| |||||||
| 1 | product, administration devices, and any pharmacy fees related | ||||||
| 2 | to the dispensing and administration of the opioid antagonist, | ||||||
| 3 | shall be covered under the medical assistance program for | ||||||
| 4 | persons who are otherwise eligible for medical assistance under | ||||||
| 5 | this Article. As used in this Section, "opioid antagonist" | ||||||
| 6 | means a drug that binds to opioid receptors and blocks or | ||||||
| 7 | inhibits the effect of opioids acting on those receptors, | ||||||
| 8 | including, but not limited to, naloxone hydrochloride or any | ||||||
| 9 | other similarly acting drug approved by the U.S. Food and Drug | ||||||
| 10 | Administration. | ||||||
| 11 | (Source: P.A. 98-104, Article 9, Section 9-5, eff. 7-22-13; | ||||||
| 12 | 98-104, Article 12, Section 12-20, eff. 7-22-13; 98-303, eff. | ||||||
| 13 | 8-9-13; 98-463, eff. 8-16-13; 98-651, eff. 6-16-14; 98-756, | ||||||
| 14 | eff. 7-16-14; 98-963, eff. 8-15-14; 99-78, eff. 7-20-15; | ||||||
| 15 | 99-180, eff. 7-29-15; 99-236, eff. 8-3-15; 99-407 (see Section | ||||||
| 16 | 99 of P.A. 99-407 for its effective date); 99-433, eff. | ||||||
| 17 | 8-21-15; 99-480, eff. 9-9-15; revised 10-13-15.)
| ||||||
| 18 | (305 ILCS 5/5-5e) | ||||||
| 19 | Sec. 5-5e. Adjusted rates of reimbursement. | ||||||
| 20 | (a) Rates or payments for services in effect on June 30, | ||||||
| 21 | 2012 shall be adjusted and
services shall be affected as | ||||||
| 22 | required by any other provision of Public Act 97-689 this | ||||||
| 23 | amendatory Act of
the 97th General Assembly. In addition, the | ||||||
| 24 | Department shall do the following: | ||||||
| 25 | (1) Delink the per diem rate paid for supportive living | ||||||
| |||||||
| |||||||
| 1 | facility services from the per diem rate paid for nursing | ||||||
| 2 | facility services, effective for services provided on or | ||||||
| 3 | after May 1, 2011. | ||||||
| 4 | (2) Cease payment for bed reserves in nursing | ||||||
| 5 | facilities and specialized mental health rehabilitation | ||||||
| 6 | facilities; for purposes of therapeutic home visits for | ||||||
| 7 | individuals scoring as TBI on the MDS 3.0, beginning June | ||||||
| 8 | 1, 2015, the Department shall approve payments for bed | ||||||
| 9 | reserves in nursing facilities and specialized mental | ||||||
| 10 | health rehabilitation facilities that have at least a 90% | ||||||
| 11 | occupancy level and at least 80% of their residents are | ||||||
| 12 | Medicaid eligible. Payment shall be at a daily rate of 75% | ||||||
| 13 | of an individual's current Medicaid per diem and shall not | ||||||
| 14 | exceed 10 days in a calendar month. | ||||||
| 15 | (2.5) Cease payment for bed reserves for purposes of | ||||||
| 16 | inpatient hospitalizations to intermediate care facilities | ||||||
| 17 | for persons with development disabilities, except in the | ||||||
| 18 | instance of residents who are under 21 years of age. | ||||||
| 19 | (3) Cease payment of the $10 per day add-on payment to | ||||||
| 20 | nursing facilities for certain residents with | ||||||
| 21 | developmental disabilities. | ||||||
| 22 | (b) After the application of subsection (a), | ||||||
| 23 | notwithstanding any other provision of this
Code to the | ||||||
| 24 | contrary and to the extent permitted by federal law, on and | ||||||
| 25 | after July 1,
2012, the rates of reimbursement for services and | ||||||
| 26 | other payments provided under this
Code shall further be | ||||||
| |||||||
| |||||||
| 1 | reduced as follows: | ||||||
| 2 | (1) Rates or payments for physician services, dental | ||||||
| 3 | services, or community health center services reimbursed | ||||||
| 4 | through an encounter rate, and services provided under the | ||||||
| 5 | Medicaid Rehabilitation Option of the Illinois Title XIX | ||||||
| 6 | State Plan shall not be further reduced, except as provided | ||||||
| 7 | in Section 5-5b.1. | ||||||
| 8 | (2) Rates or payments, or the portion thereof, paid to | ||||||
| 9 | a provider that is operated by a unit of local government | ||||||
| 10 | or State University that provides the non-federal share of | ||||||
| 11 | such services shall not be further reduced, except as | ||||||
| 12 | provided in Section 5-5b.1. | ||||||
| 13 | (3) Rates or payments for hospital services delivered | ||||||
| 14 | by a hospital defined as a Safety-Net Hospital under | ||||||
| 15 | Section 5-5e.1 of this Code shall not be further reduced, | ||||||
| 16 | except as provided in Section 5-5b.1. | ||||||
| 17 | (4) Rates or payments for hospital services delivered | ||||||
| 18 | by a Critical Access Hospital, which is an Illinois | ||||||
| 19 | hospital designated as a critical care hospital by the | ||||||
| 20 | Department of Public Health in accordance with 42 CFR 485, | ||||||
| 21 | Subpart F, shall not be further reduced, except as provided | ||||||
| 22 | in Section 5-5b.1. | ||||||
| 23 | (5) Rates or payments for Nursing Facility Services | ||||||
| 24 | shall only be further adjusted pursuant to Section 5-5.2 of | ||||||
| 25 | this Code. | ||||||
| 26 | (6) Rates or payments for services delivered by long | ||||||
| |||||||
| |||||||
| 1 | term care facilities licensed under the ID/DD Community | ||||||
| 2 | Care Act or the MC/DD Act and developmental training | ||||||
| 3 | services shall not be further reduced. | ||||||
| 4 | (7) Rates or payments for services provided under | ||||||
| 5 | capitation rates shall be adjusted taking into | ||||||
| 6 | consideration the rates reduction and covered services | ||||||
| 7 | required by Public Act 97-689 this amendatory Act of the | ||||||
| 8 | 97th General Assembly. | ||||||
| 9 | (8) For hospitals not previously described in this | ||||||
| 10 | subsection, the rates or payments for hospital services | ||||||
| 11 | shall be further reduced by 3.5%, except for payments | ||||||
| 12 | authorized under Section 5A-12.4 of this Code. | ||||||
| 13 | (9) For all other rates or payments for services | ||||||
| 14 | delivered by providers not specifically referenced in | ||||||
| 15 | paragraphs (1) through (8), rates or payments shall be | ||||||
| 16 | further reduced by 2.7%. | ||||||
| 17 | (c) Any assessment imposed by this Code shall continue and | ||||||
| 18 | nothing in this Section shall be construed to cause it to | ||||||
| 19 | cease.
| ||||||
| 20 | (d) Notwithstanding any other provision of this Code to the | ||||||
| 21 | contrary, subject to federal approval under Title XIX of the | ||||||
| 22 | Social Security Act, for dates of service on and after July 1, | ||||||
| 23 | 2014, rates or payments for services provided for the purpose | ||||||
| 24 | of transitioning children from a hospital to home placement or | ||||||
| 25 | other appropriate setting by a children's community-based | ||||||
| 26 | health care center authorized under the Alternative Health Care | ||||||
| |||||||
| |||||||
| 1 | Delivery Act shall be $683 per day. | ||||||
| 2 | (e) Notwithstanding any other provision of this Code to the | ||||||
| 3 | contrary, subject to federal approval under Title XIX of the | ||||||
| 4 | Social Security Act, for dates of service on and after July 1, | ||||||
| 5 | 2014, rates or payments for home health visits shall be $72. | ||||||
| 6 | (f) Notwithstanding any other provision of this Code to the | ||||||
| 7 | contrary, subject to federal approval under Title XIX of the | ||||||
| 8 | Social Security Act, for dates of service on and after July 1, | ||||||
| 9 | 2014, rates or payments for the certified nursing assistant | ||||||
| 10 | component of the home health agency rate shall be $20. | ||||||
| 11 | (Source: P.A. 98-104, eff. 7-22-13; 98-651, eff. 6-16-14; | ||||||
| 12 | 98-1166, eff. 6-1-15; 99-2, eff. 3-26-15; 99-180, eff. 7-29-15; | ||||||
| 13 | revised 10-21-15.)
| ||||||
| 14 | (305 ILCS 5/5-16.8)
| ||||||
| 15 | Sec. 5-16.8. Required health benefits. The medical | ||||||
| 16 | assistance program
shall
(i) provide the post-mastectomy care | ||||||
| 17 | benefits required to be covered by a policy of
accident and | ||||||
| 18 | health insurance under Section 356t and the coverage required
| ||||||
| 19 | under Sections 356g.5, 356u, 356w, 356x, and 356z.6 of the | ||||||
| 20 | Illinois
Insurance Code and (ii) be subject to the provisions | ||||||
| 21 | of Sections 356z.19, 364.01, 370c, and 370c.1 of the Illinois
| ||||||
| 22 | Insurance Code.
| ||||||
| 23 | On and after July 1, 2012, the Department shall reduce any | ||||||
| 24 | rate of reimbursement for services or other payments or alter | ||||||
| 25 | any methodologies authorized by this Code to reduce any rate of | ||||||
| |||||||
| |||||||
| 1 | reimbursement for services or other payments in accordance with | ||||||
| 2 | Section 5-5e. | ||||||
| 3 | To ensure full access to the benefits set forth in this | ||||||
| 4 | Section, on and after January 1, 2016, the Department shall | ||||||
| 5 | ensure that provider and hospital reimbursement for | ||||||
| 6 | post-mastectomy care benefits required under this Section are | ||||||
| 7 | no lower than the Medicare reimbursement rate. | ||||||
| 8 | (Source: P.A. 99-433, eff. 8-21-15; 99-480, eff. 9-9-15; | ||||||
| 9 | revised 10-21-15.)
| ||||||
| 10 | (305 ILCS 5/5-30) | ||||||
| 11 | Sec. 5-30. Care coordination. | ||||||
| 12 | (a) At least 50% of recipients eligible for comprehensive | ||||||
| 13 | medical benefits in all medical assistance programs or other | ||||||
| 14 | health benefit programs administered by the Department, | ||||||
| 15 | including the Children's Health Insurance Program Act and the | ||||||
| 16 | Covering ALL KIDS Health Insurance Act, shall be enrolled in a | ||||||
| 17 | care coordination program by no later than January 1, 2015. For | ||||||
| 18 | purposes of this Section, "coordinated care" or "care | ||||||
| 19 | coordination" means delivery systems where recipients will | ||||||
| 20 | receive their care from providers who participate under | ||||||
| 21 | contract in integrated delivery systems that are responsible | ||||||
| 22 | for providing or arranging the majority of care, including | ||||||
| 23 | primary care physician services, referrals from primary care | ||||||
| 24 | physicians, diagnostic and treatment services, behavioral | ||||||
| 25 | health services, in-patient and outpatient hospital services, | ||||||
| |||||||
| |||||||
| 1 | dental services, and rehabilitation and long-term care | ||||||
| 2 | services. The Department shall designate or contract for such | ||||||
| 3 | integrated delivery systems (i) to ensure enrollees have a | ||||||
| 4 | choice of systems and of primary care providers within such | ||||||
| 5 | systems; (ii) to ensure that enrollees receive quality care in | ||||||
| 6 | a culturally and linguistically appropriate manner; and (iii) | ||||||
| 7 | to ensure that coordinated care programs meet the diverse needs | ||||||
| 8 | of enrollees with developmental, mental health, physical, and | ||||||
| 9 | age-related disabilities. | ||||||
| 10 | (b) Payment for such coordinated care shall be based on | ||||||
| 11 | arrangements where the State pays for performance related to | ||||||
| 12 | health care outcomes, the use of evidence-based practices, the | ||||||
| 13 | use of primary care delivered through comprehensive medical | ||||||
| 14 | homes, the use of electronic medical records, and the | ||||||
| 15 | appropriate exchange of health information electronically made | ||||||
| 16 | either on a capitated basis in which a fixed monthly premium | ||||||
| 17 | per recipient is paid and full financial risk is assumed for | ||||||
| 18 | the delivery of services, or through other risk-based payment | ||||||
| 19 | arrangements. | ||||||
| 20 | (c) To qualify for compliance with this Section, the 50% | ||||||
| 21 | goal shall be achieved by enrolling medical assistance | ||||||
| 22 | enrollees from each medical assistance enrollment category, | ||||||
| 23 | including parents, children, seniors, and people with | ||||||
| 24 | disabilities to the extent that current State Medicaid payment | ||||||
| 25 | laws would not limit federal matching funds for recipients in | ||||||
| 26 | care coordination programs. In addition, services must be more | ||||||
| |||||||
| |||||||
| 1 | comprehensively defined and more risk shall be assumed than in | ||||||
| 2 | the Department's primary care case management program as of | ||||||
| 3 | January 25, 2011 (the effective date of Public Act 96-1501) | ||||||
| 4 | this amendatory Act of the 96th General Assembly. | ||||||
| 5 | (d) The Department shall report to the General Assembly in | ||||||
| 6 | a separate part of its annual medical assistance program | ||||||
| 7 | report, beginning April, 2012 until April, 2016, on the | ||||||
| 8 | progress and implementation of the care coordination program | ||||||
| 9 | initiatives established by the provisions of Public Act 96-1501 | ||||||
| 10 | this amendatory Act of the 96th General Assembly. The | ||||||
| 11 | Department shall include in its April 2011 report a full | ||||||
| 12 | analysis of federal laws or regulations regarding upper payment | ||||||
| 13 | limitations to providers and the necessary revisions or | ||||||
| 14 | adjustments in rate methodologies and payments to providers | ||||||
| 15 | under this Code that would be necessary to implement | ||||||
| 16 | coordinated care with full financial risk by a party other than | ||||||
| 17 | the Department.
| ||||||
| 18 | (e) Integrated Care Program for individuals with chronic | ||||||
| 19 | mental health conditions. | ||||||
| 20 | (1) The Integrated Care Program shall encompass | ||||||
| 21 | services administered to recipients of medical assistance | ||||||
| 22 | under this Article to prevent exacerbations and | ||||||
| 23 | complications using cost-effective, evidence-based | ||||||
| 24 | practice guidelines and mental health management | ||||||
| 25 | strategies. | ||||||
| 26 | (2) The Department may utilize and expand upon existing | ||||||
| |||||||
| |||||||
| 1 | contractual arrangements with integrated care plans under | ||||||
| 2 | the Integrated Care Program for providing the coordinated | ||||||
| 3 | care provisions of this Section. | ||||||
| 4 | (3) Payment for such coordinated care shall be based on | ||||||
| 5 | arrangements where the State pays for performance related | ||||||
| 6 | to mental health outcomes on a capitated basis in which a | ||||||
| 7 | fixed monthly premium per recipient is paid and full | ||||||
| 8 | financial risk is assumed for the delivery of services, or | ||||||
| 9 | through other risk-based payment arrangements such as | ||||||
| 10 | provider-based care coordination. | ||||||
| 11 | (4) The Department shall examine whether chronic | ||||||
| 12 | mental health management programs and services for | ||||||
| 13 | recipients with specific chronic mental health conditions | ||||||
| 14 | do any or all of the following: | ||||||
| 15 | (A) Improve the patient's overall mental health in | ||||||
| 16 | a more expeditious and cost-effective manner. | ||||||
| 17 | (B) Lower costs in other aspects of the medical | ||||||
| 18 | assistance program, such as hospital admissions, | ||||||
| 19 | emergency room visits, or more frequent and | ||||||
| 20 | inappropriate psychotropic drug use. | ||||||
| 21 | (5) The Department shall work with the facilities and | ||||||
| 22 | any integrated care plan participating in the program to | ||||||
| 23 | identify and correct barriers to the successful | ||||||
| 24 | implementation of this subsection (e) prior to and during | ||||||
| 25 | the implementation to best facilitate the goals and | ||||||
| 26 | objectives of this subsection (e). | ||||||
| |||||||
| |||||||
| 1 | (f) A hospital that is located in a county of the State in | ||||||
| 2 | which the Department mandates some or all of the beneficiaries | ||||||
| 3 | of the Medical Assistance Program residing in the county to | ||||||
| 4 | enroll in a Care Coordination Program, as set forth in Section | ||||||
| 5 | 5-30 of this Code, shall not be eligible for any non-claims | ||||||
| 6 | based payments not mandated by Article V-A of this Code for | ||||||
| 7 | which it would otherwise be qualified to receive, unless the | ||||||
| 8 | hospital is a Coordinated Care Participating Hospital no later | ||||||
| 9 | than 60 days after June 14, 2012 (the effective date of Public | ||||||
| 10 | Act 97-689) this amendatory Act of the 97th General Assembly or | ||||||
| 11 | 60 days after the first mandatory enrollment of a beneficiary | ||||||
| 12 | in a Coordinated Care program. For purposes of this subsection, | ||||||
| 13 | "Coordinated Care Participating Hospital" means a hospital | ||||||
| 14 | that meets one of the following criteria: | ||||||
| 15 | (1) The hospital has entered into a contract to provide | ||||||
| 16 | hospital services with one or more MCOs to enrollees of the | ||||||
| 17 | care coordination program. | ||||||
| 18 | (2) The hospital has not been offered a contract by a | ||||||
| 19 | care coordination plan that the Department has determined | ||||||
| 20 | to be a good faith offer and that pays at least as much as | ||||||
| 21 | the Department would pay, on a fee-for-service basis, not | ||||||
| 22 | including disproportionate share hospital adjustment | ||||||
| 23 | payments or any other supplemental adjustment or add-on | ||||||
| 24 | payment to the base fee-for-service rate, except to the | ||||||
| 25 | extent such adjustments or add-on payments are | ||||||
| 26 | incorporated into the development of the applicable MCO | ||||||
| |||||||
| |||||||
| 1 | capitated rates. | ||||||
| 2 | As used in this subsection (f), "MCO" means any entity | ||||||
| 3 | which contracts with the Department to provide services where | ||||||
| 4 | payment for medical services is made on a capitated basis. | ||||||
| 5 | (g) No later than August 1, 2013, the Department shall | ||||||
| 6 | issue a purchase of care solicitation for Accountable Care | ||||||
| 7 | Entities (ACE) to serve any children and parents or caretaker | ||||||
| 8 | relatives of children eligible for medical assistance under | ||||||
| 9 | this Article. An ACE may be a single corporate structure or a | ||||||
| 10 | network of providers organized through contractual | ||||||
| 11 | relationships with a single corporate entity. The solicitation | ||||||
| 12 | shall require that: | ||||||
| 13 | (1) An ACE operating in Cook County be capable of | ||||||
| 14 | serving at least 40,000 eligible individuals in that | ||||||
| 15 | county; an ACE operating in Lake, Kane, DuPage, or Will | ||||||
| 16 | Counties be capable of serving at least 20,000 eligible | ||||||
| 17 | individuals in those counties and an ACE operating in other | ||||||
| 18 | regions of the State be capable of serving at least 10,000 | ||||||
| 19 | eligible individuals in the region in which it operates. | ||||||
| 20 | During initial periods of mandatory enrollment, the | ||||||
| 21 | Department shall require its enrollment services | ||||||
| 22 | contractor to use a default assignment algorithm that | ||||||
| 23 | ensures if possible an ACE reaches the minimum enrollment | ||||||
| 24 | levels set forth in this paragraph. | ||||||
| 25 | (2) An ACE must include at a minimum the following | ||||||
| 26 | types of providers: primary care, specialty care, | ||||||
| |||||||
| |||||||
| 1 | hospitals, and behavioral healthcare. | ||||||
| 2 | (3) An ACE shall have a governance structure that | ||||||
| 3 | includes the major components of the health care delivery | ||||||
| 4 | system, including one representative from each of the | ||||||
| 5 | groups listed in paragraph (2). | ||||||
| 6 | (4) An ACE must be an integrated delivery system, | ||||||
| 7 | including a network able to provide the full range of | ||||||
| 8 | services needed by Medicaid beneficiaries and system | ||||||
| 9 | capacity to securely pass clinical information across | ||||||
| 10 | participating entities and to aggregate and analyze that | ||||||
| 11 | data in order to coordinate care. | ||||||
| 12 | (5) An ACE must be capable of providing both care | ||||||
| 13 | coordination and complex case management, as necessary, to | ||||||
| 14 | beneficiaries. To be responsive to the solicitation, a | ||||||
| 15 | potential ACE must outline its care coordination and | ||||||
| 16 | complex case management model and plan to reduce the cost | ||||||
| 17 | of care. | ||||||
| 18 | (6) In the first 18 months of operation, unless the ACE | ||||||
| 19 | selects a shorter period, an ACE shall be paid care | ||||||
| 20 | coordination fees on a per member per month basis that are | ||||||
| 21 | projected to be cost neutral to the State during the term | ||||||
| 22 | of their payment and, subject to federal approval, be | ||||||
| 23 | eligible to share in additional savings generated by their | ||||||
| 24 | care coordination. | ||||||
| 25 | (7) In months 19 through 36 of operation, unless the | ||||||
| 26 | ACE selects a shorter period, an ACE shall be paid on a | ||||||
| |||||||
| |||||||
| 1 | pre-paid capitation basis for all medical assistance | ||||||
| 2 | covered services, under contract terms similar to Managed | ||||||
| 3 | Care Organizations (MCO), with the Department sharing the | ||||||
| 4 | risk through either stop-loss insurance for extremely high | ||||||
| 5 | cost individuals or corridors of shared risk based on the | ||||||
| 6 | overall cost of the total enrollment in the ACE. The ACE | ||||||
| 7 | shall be responsible for claims processing, encounter data | ||||||
| 8 | submission, utilization control, and quality assurance. | ||||||
| 9 | (8) In the fourth and subsequent years of operation, an | ||||||
| 10 | ACE shall convert to a Managed Care Community Network | ||||||
| 11 | (MCCN), as defined in this Article, or Health Maintenance | ||||||
| 12 | Organization pursuant to the Illinois Insurance Code, | ||||||
| 13 | accepting full-risk capitation payments. | ||||||
| 14 | The Department shall allow potential ACE entities 5 months | ||||||
| 15 | from the date of the posting of the solicitation to submit | ||||||
| 16 | proposals. After the solicitation is released, in addition to | ||||||
| 17 | the MCO rate development data available on the Department's | ||||||
| 18 | website, subject to federal and State confidentiality and | ||||||
| 19 | privacy laws and regulations, the Department shall provide 2 | ||||||
| 20 | years of de-identified summary service data on the targeted | ||||||
| 21 | population, split between children and adults, showing the | ||||||
| 22 | historical type and volume of services received and the cost of | ||||||
| 23 | those services to those potential bidders that sign a data use | ||||||
| 24 | agreement. The Department may add up to 2 non-state government | ||||||
| 25 | employees with expertise in creating integrated delivery | ||||||
| 26 | systems to its review team for the purchase of care | ||||||
| |||||||
| |||||||
| 1 | solicitation described in this subsection. Any such | ||||||
| 2 | individuals must sign a no-conflict disclosure and | ||||||
| 3 | confidentiality agreement and agree to act in accordance with | ||||||
| 4 | all applicable State laws. | ||||||
| 5 | During the first 2 years of an ACE's operation, the | ||||||
| 6 | Department shall provide claims data to the ACE on its | ||||||
| 7 | enrollees on a periodic basis no less frequently than monthly. | ||||||
| 8 | Nothing in this subsection shall be construed to limit the | ||||||
| 9 | Department's mandate to enroll 50% of its beneficiaries into | ||||||
| 10 | care coordination systems by January 1, 2015, using all | ||||||
| 11 | available care coordination delivery systems, including Care | ||||||
| 12 | Coordination Entities (CCE), MCCNs, or MCOs, nor be construed | ||||||
| 13 | to affect the current CCEs, MCCNs, and MCOs selected to serve | ||||||
| 14 | seniors and persons with disabilities prior to that date. | ||||||
| 15 | Nothing in this subsection precludes the Department from | ||||||
| 16 | considering future proposals for new ACEs or expansion of | ||||||
| 17 | existing ACEs at the discretion of the Department. | ||||||
| 18 | (h) Department contracts with MCOs and other entities | ||||||
| 19 | reimbursed by risk based capitation shall have a minimum | ||||||
| 20 | medical loss ratio of 85%, shall require the entity to | ||||||
| 21 | establish an appeals and grievances process for consumers and | ||||||
| 22 | providers, and shall require the entity to provide a quality | ||||||
| 23 | assurance and utilization review program. Entities contracted | ||||||
| 24 | with the Department to coordinate healthcare regardless of risk | ||||||
| 25 | shall be measured utilizing the same quality metrics. The | ||||||
| 26 | quality metrics may be population specific. Any contracted | ||||||
| |||||||
| |||||||
| 1 | entity serving at least 5,000 seniors or people with | ||||||
| 2 | disabilities or 15,000 individuals in other populations | ||||||
| 3 | covered by the Medical Assistance Program that has been | ||||||
| 4 | receiving full-risk capitation for a year shall be accredited | ||||||
| 5 | by a national accreditation organization authorized by the | ||||||
| 6 | Department within 2 years after the date it is eligible to | ||||||
| 7 | become accredited. The requirements of this subsection shall | ||||||
| 8 | apply to contracts with MCOs entered into or renewed or | ||||||
| 9 | extended after June 1, 2013. | ||||||
| 10 | (h-5) The Department shall monitor and enforce compliance | ||||||
| 11 | by MCOs with agreements they have entered into with providers | ||||||
| 12 | on issues that include, but are not limited to, timeliness of | ||||||
| 13 | payment, payment rates, and processes for obtaining prior | ||||||
| 14 | approval. The Department may impose sanctions on MCOs for | ||||||
| 15 | violating provisions of those agreements that include, but are | ||||||
| 16 | not limited to, financial penalties, suspension of enrollment | ||||||
| 17 | of new enrollees, and termination of the MCO's contract with | ||||||
| 18 | the Department. As used in this subsection (h-5), "MCO" has the | ||||||
| 19 | meaning ascribed to that term in Section 5-30.1 of this Code. | ||||||
| 20 | (i) Unless otherwise required by federal law, Medicaid | ||||||
| 21 | Managed Care Entities shall not divulge, directly or | ||||||
| 22 | indirectly, including by sending a bill or explanation of | ||||||
| 23 | benefits, information concerning the sensitive health services | ||||||
| 24 | received by enrollees of the Medicaid Managed Care Entity to | ||||||
| 25 | any person other than providers and care coordinators caring | ||||||
| 26 | for the enrollee and employees of the entity in the course of | ||||||
| |||||||
| |||||||
| 1 | the entity's internal operations. The Medicaid Managed Care | ||||||
| 2 | Entity may divulge information concerning the sensitive health | ||||||
| 3 | services if the enrollee who received the sensitive health | ||||||
| 4 | services requests the information from the Medicaid Managed | ||||||
| 5 | Care Entity and authorized the sending of a bill or explanation | ||||||
| 6 | of benefits. Communications including, but not limited to, | ||||||
| 7 | statements of care received or appointment reminders either | ||||||
| 8 | directly or indirectly to the enrollee from the health care | ||||||
| 9 | provider, health care professional, and care coordinators, | ||||||
| 10 | remain permissible. | ||||||
| 11 | For the purposes of this subsection, the term "Medicaid | ||||||
| 12 | Managed Care Entity" includes Care Coordination Entities, | ||||||
| 13 | Accountable Care Entities, Managed Care Organizations, and | ||||||
| 14 | Managed Care Community Networks. | ||||||
| 15 | For purposes of this subsection, the term "sensitive health | ||||||
| 16 | services" means mental health services, substance abuse | ||||||
| 17 | treatment services, reproductive health services, family | ||||||
| 18 | planning services, services for sexually transmitted | ||||||
| 19 | infections and sexually transmitted diseases, and services for | ||||||
| 20 | sexual assault or domestic abuse. Services include prevention, | ||||||
| 21 | screening, consultation, examination, treatment, or follow-up. | ||||||
| 22 | Nothing in this subsection shall be construed to relieve a | ||||||
| 23 | Medicaid Managed Care Entity or the Department of any duty to | ||||||
| 24 | report incidents of sexually transmitted infections to the | ||||||
| 25 | Department of Public Health or to the local board of health in | ||||||
| 26 | accordance with regulations adopted under a statute or | ||||||
| |||||||
| |||||||
| 1 | ordinance or to report incidents of sexually transmitted | ||||||
| 2 | infections as necessary to comply with the requirements under | ||||||
| 3 | Section 5 of the Abused and Neglected Child Reporting Act or as | ||||||
| 4 | otherwise required by State or federal law. | ||||||
| 5 | The Department shall create policy in order to implement | ||||||
| 6 | the requirements in this subsection. | ||||||
| 7 | (j) (i) Managed Care Entities (MCEs), including MCOs and | ||||||
| 8 | all other care coordination organizations, shall develop and | ||||||
| 9 | maintain a written language access policy that sets forth the | ||||||
| 10 | standards, guidelines, and operational plan to ensure language | ||||||
| 11 | appropriate services and that is consistent with the standard | ||||||
| 12 | of meaningful access for populations with limited English | ||||||
| 13 | proficiency. The language access policy shall describe how the | ||||||
| 14 | MCEs will provide all of the following required services: | ||||||
| 15 | (1) Translation (the written replacement of text from | ||||||
| 16 | one language into another) of all vital documents and forms | ||||||
| 17 | as identified by the Department. | ||||||
| 18 | (2) Qualified interpreter services (the oral | ||||||
| 19 | communication of a message from one language into another | ||||||
| 20 | by a qualified interpreter). | ||||||
| 21 | (3) Staff training on the language access policy, | ||||||
| 22 | including how to identify language needs, access and | ||||||
| 23 | provide language assistance services, work with | ||||||
| 24 | interpreters, request translations, and track the use of | ||||||
| 25 | language assistance services. | ||||||
| 26 | (4) Data tracking that identifies the language need. | ||||||
| |||||||
| |||||||
| 1 | (5) Notification to participants on the availability | ||||||
| 2 | of language access services and on how to access such | ||||||
| 3 | services. | ||||||
| 4 | (Source: P.A. 98-104, eff. 7-22-13; 98-651, eff. 6-16-14; | ||||||
| 5 | 99-106, eff. 1-1-16; 99-181, eff. 7-29-15; revised 10-26-15.)
| ||||||
| 6 | (305 ILCS 5/10-25)
| ||||||
| 7 | (Text of Section before amendment by P.A. 99-157) | ||||||
| 8 | Sec. 10-25. Administrative liens and levies on real | ||||||
| 9 | property for
past-due child support. | ||||||
| 10 | (a) Notwithstanding any other State or local law to the | ||||||
| 11 | contrary, the State shall have a lien on all legal and | ||||||
| 12 | equitable interests of
responsible relatives in their real | ||||||
| 13 | property
in the amount of past-due child support owing pursuant | ||||||
| 14 | to an order
for child support entered under Sections 10-10 and | ||||||
| 15 | 10-11 of this Code, or under
the Illinois Marriage and | ||||||
| 16 | Dissolution of Marriage Act, the Non-Support of
Spouse and | ||||||
| 17 | Children Act, the Non-Support Punishment Act, the Uniform
| ||||||
| 18 | Interstate Family Support Act, the
Illinois Parentage Act of | ||||||
| 19 | 1984, or the Illinois Parentage Act of 2015.
| ||||||
| 20 | (b) The Illinois Department shall provide by rule for | ||||||
| 21 | notice to and an
opportunity to be heard by each responsible | ||||||
| 22 | relative affected, and any final
administrative decision | ||||||
| 23 | rendered by the Illinois Department shall be reviewed
only | ||||||
| 24 | under
and in accordance with the Administrative Review Law.
| ||||||
| 25 | (c) When enforcing a lien under subsection (a) of this | ||||||
| |||||||
| |||||||
| 1 | Section, the
Illinois Department shall have the authority to | ||||||
| 2 | execute notices of
administrative liens and levies, which shall | ||||||
| 3 | contain the name and address of
the responsible relative, a | ||||||
| 4 | legal description of the real property
to be levied, the fact | ||||||
| 5 | that a lien
is being claimed for past-due child support, and | ||||||
| 6 | such other information as the
Illinois Department may by rule | ||||||
| 7 | prescribe. The Illinois Department shall
record the notice of | ||||||
| 8 | lien with the recorder or registrar of titles of
the county or | ||||||
| 9 | counties in which the real estate is located.
| ||||||
| 10 | (d) The State's lien under subsection (a) shall be
| ||||||
| 11 | enforceable upon the recording or filing of a notice of lien | ||||||
| 12 | with the recorder
or registrar of titles of the county or | ||||||
| 13 | counties in which the real estate is
located. The lien shall be | ||||||
| 14 | prior to any lien thereafter recorded or filed and
shall be | ||||||
| 15 | notice to a subsequent purchaser, assignor, or encumbrancer of | ||||||
| 16 | the
existence and nature of the lien. The lien shall be | ||||||
| 17 | inferior to the lien of
general taxes, special assessment, and | ||||||
| 18 | special taxes heretofore or hereafter
levied by any political | ||||||
| 19 | subdivision or municipal corporation of the State.
| ||||||
| 20 | In the event that title to the land to be affected by the | ||||||
| 21 | notice of lien is
registered under the Registered Titles | ||||||
| 22 | (Torrens) Act, the notice shall be filed
in the office of the | ||||||
| 23 | registrar of titles as a memorial or charge upon each
folium of | ||||||
| 24 | the register of titles affected by the notice; but the State | ||||||
| 25 | shall
not have a preference over the rights of any bona fide | ||||||
| 26 | purchaser, mortgagee,
judgment creditor, or other lien holders | ||||||
| |||||||
| |||||||
| 1 | registered prior to the registration
of the notice.
| ||||||
| 2 | (e) The recorder or registrar of titles of each county | ||||||
| 3 | shall procure
a file labeled "Child Support Lien Notices" and | ||||||
| 4 | an index book labeled "Child
Support Lien Notices". When notice | ||||||
| 5 | of any lien is presented to the recorder or
registrar of titles | ||||||
| 6 | for filing,
the recorder or registrar of titles shall file it | ||||||
| 7 | in numerical order in the
file and shall enter it
| ||||||
| 8 | alphabetically in the index. The entry shall show the name and | ||||||
| 9 | last known
address of the person named in the notice, the | ||||||
| 10 | serial number of the notice, the
date and hour of filing, and | ||||||
| 11 | the amount of child support due at the time when
the lien is | ||||||
| 12 | filed.
| ||||||
| 13 | (f) The Illinois Department shall not be required to | ||||||
| 14 | furnish bond or make a
deposit for or pay any costs or fees of | ||||||
| 15 | any court or officer thereof in any
legal proceeding involving | ||||||
| 16 | the lien.
| ||||||
| 17 | (g) To protect the lien of the State for past-due child | ||||||
| 18 | support, the
Illinois Department may, from funds that are | ||||||
| 19 | available for that purpose, pay
or provide for the payment of | ||||||
| 20 | necessary or essential repairs, purchase tax
certificates, pay | ||||||
| 21 | balances due on land contracts, or pay or cause to be
satisfied | ||||||
| 22 | any prior liens on the property to which the lien hereunder | ||||||
| 23 | applies.
| ||||||
| 24 | (h) A lien on real property under this Section shall be | ||||||
| 25 | released
pursuant
to Section 12-101 of the Code of Civil | ||||||
| 26 | Procedure.
| ||||||
| |||||||
| |||||||
| 1 | (i) The Illinois Department, acting in behalf of the
State, | ||||||
| 2 | may foreclose the lien in a judicial proceeding to the same | ||||||
| 3 | extent and
in the same manner as in the enforcement of other | ||||||
| 4 | liens. The process,
practice, and procedure for the foreclosure | ||||||
| 5 | shall be the same as provided in
the Code of Civil Procedure.
| ||||||
| 6 | (Source: P.A. 99-85, eff. 1-1-16.)
| ||||||
| 7 | (Text of Section after amendment by P.A. 99-157)
| ||||||
| 8 | Sec. 10-25. Administrative liens and levies on real | ||||||
| 9 | property for
past-due child support and for fines against a | ||||||
| 10 | payor who wilfully fails to withhold or pay over income | ||||||
| 11 | pursuant to a properly served income withholding notice or | ||||||
| 12 | otherwise fails to comply with any duties imposed by the Income | ||||||
| 13 | Withholding for Support Act. | ||||||
| 14 | (a) Notwithstanding any other State or local law to the | ||||||
| 15 | contrary, the State shall have a lien on all legal and | ||||||
| 16 | equitable interests of
responsible relatives in their real | ||||||
| 17 | property
in the amount of past-due child support owing pursuant | ||||||
| 18 | to an order
for child support entered under Sections 10-10 and | ||||||
| 19 | 10-11 of this Code, or under
the Illinois Marriage and | ||||||
| 20 | Dissolution of Marriage Act, the Non-Support of
Spouse and | ||||||
| 21 | Children Act, the Non-Support Punishment Act, the Uniform
| ||||||
| 22 | Interstate Family Support Act, the
Illinois Parentage Act of | ||||||
| 23 | 1984, or the Illinois Parentage Act of 2015.
| ||||||
| 24 | (a-5) The State shall have a lien on all legal and | ||||||
| 25 | equitable interests of a payor, as that term is described in | ||||||
| |||||||
| |||||||
| 1 | the Income Withholding for Support Act, in the payor's real | ||||||
| 2 | property in the amount of any fine imposed by the Illinois | ||||||
| 3 | Department pursuant to the Income Withholding for Support Act. | ||||||
| 4 | (b) The Illinois Department shall provide by rule for | ||||||
| 5 | notice to and an
opportunity to be heard by each responsible | ||||||
| 6 | relative or payor affected, and any final
administrative | ||||||
| 7 | decision rendered by the Illinois Department shall be reviewed
| ||||||
| 8 | only under
and in accordance with the Administrative Review | ||||||
| 9 | Law.
| ||||||
| 10 | (c) When enforcing a lien under subsection (a) of this | ||||||
| 11 | Section, the
Illinois Department shall have the authority to | ||||||
| 12 | execute notices of
administrative liens and levies, which shall | ||||||
| 13 | contain the name and address of
the responsible relative or | ||||||
| 14 | payor, a legal description of the real property
to be levied, | ||||||
| 15 | the fact that a lien
is being claimed for past-due child | ||||||
| 16 | support or for the fines imposed on a payor pursuant to the | ||||||
| 17 | Income Withholding for Support Act, and such other information | ||||||
| 18 | as the
Illinois Department may by rule prescribe. The Illinois | ||||||
| 19 | Department shall
record the notice of lien with the recorder or | ||||||
| 20 | registrar of titles of
the county or counties in which the real | ||||||
| 21 | estate is located.
| ||||||
| 22 | (d) The State's lien under subsection (a) shall be
| ||||||
| 23 | enforceable upon the recording or filing of a notice of lien | ||||||
| 24 | with the recorder
or registrar of titles of the county or | ||||||
| 25 | counties in which the real estate is
located. The lien shall be | ||||||
| 26 | prior to any lien thereafter recorded or filed and
shall be | ||||||
| |||||||
| |||||||
| 1 | notice to a subsequent purchaser, assignor, or encumbrancer of | ||||||
| 2 | the
existence and nature of the lien. The lien shall be | ||||||
| 3 | inferior to the lien of
general taxes, special assessment, and | ||||||
| 4 | special taxes heretofore or hereafter
levied by any political | ||||||
| 5 | subdivision or municipal corporation of the State.
| ||||||
| 6 | In the event that title to the land to be affected by the | ||||||
| 7 | notice of lien is
registered under the Registered Titles | ||||||
| 8 | (Torrens) Act, the notice shall be filed
in the office of the | ||||||
| 9 | registrar of titles as a memorial or charge upon each
folium of | ||||||
| 10 | the register of titles affected by the notice; but the State | ||||||
| 11 | shall
not have a preference over the rights of any bona fide | ||||||
| 12 | purchaser, mortgagee,
judgment creditor, or other lien holders | ||||||
| 13 | registered prior to the registration
of the notice.
| ||||||
| 14 | (e) The recorder or registrar of titles of each county | ||||||
| 15 | shall procure
a file labeled "Child Support Lien Notices" and | ||||||
| 16 | an index book labeled "Child
Support Lien Notices". When notice | ||||||
| 17 | of any lien is presented to the recorder or
registrar of titles | ||||||
| 18 | for filing,
the recorder or registrar of titles shall file it | ||||||
| 19 | in numerical order in the
file and shall enter it
| ||||||
| 20 | alphabetically in the index. The entry shall show the name and | ||||||
| 21 | last known
address of the person or payor named in the notice, | ||||||
| 22 | the serial number of the notice, the
date and hour of filing, | ||||||
| 23 | and the amount of child support or the amount of the fine | ||||||
| 24 | imposed on the payor due at the time when
the lien is filed.
| ||||||
| 25 | (f) The Illinois Department shall not be required to | ||||||
| 26 | furnish bond or make a
deposit for or pay any costs or fees of | ||||||
| |||||||
| |||||||
| 1 | any court or officer thereof in any
legal proceeding involving | ||||||
| 2 | the lien.
| ||||||
| 3 | (g) To protect the lien of the State for past-due child | ||||||
| 4 | support and for any fine imposed against a payor, the
Illinois | ||||||
| 5 | Department may, from funds that are available for that purpose, | ||||||
| 6 | pay
or provide for the payment of necessary or essential | ||||||
| 7 | repairs, purchase tax
certificates, pay balances due on land | ||||||
| 8 | contracts, or pay or cause to be
satisfied any prior liens on | ||||||
| 9 | the property to which the lien hereunder applies.
| ||||||
| 10 | (h) A lien on real property under this Section shall be | ||||||
| 11 | released
pursuant
to Section 12-101 of the Code of Civil | ||||||
| 12 | Procedure.
| ||||||
| 13 | (i) The Illinois Department, acting in behalf of the
State, | ||||||
| 14 | may foreclose the lien in a judicial proceeding to the same | ||||||
| 15 | extent and
in the same manner as in the enforcement of other | ||||||
| 16 | liens. The process,
practice, and procedure for the foreclosure | ||||||
| 17 | shall be the same as provided in
the Code of Civil Procedure.
| ||||||
| 18 | (Source: P.A. 99-85, eff. 1-1-16; 99-157, eff. 7-1-17; revised | ||||||
| 19 | 10-26-15.)
| ||||||
| 20 | (305 ILCS 5/10-25.5)
| ||||||
| 21 | (Text of Section before amendment by P.A. 99-157) | ||||||
| 22 | Sec. 10-25.5. Administrative liens and levies on personal | ||||||
| 23 | property for
past-due child support. | ||||||
| 24 | (a) Notwithstanding any other State or local law to the | ||||||
| 25 | contrary, the State shall have a lien on all legal and | ||||||
| |||||||
| |||||||
| 1 | equitable interests of
responsible relatives in their personal | ||||||
| 2 | property, including any account in a
financial institution as | ||||||
| 3 | defined
in Section 10-24, or in the case of an insurance | ||||||
| 4 | company or benefit association
only in accounts as defined in | ||||||
| 5 | Section 10-24, in the amount of past-due child
support owing | ||||||
| 6 | pursuant to an order
for child support entered under Sections | ||||||
| 7 | 10-10 and 10-11 of this Code, or under
the Illinois Marriage | ||||||
| 8 | and Dissolution of Marriage Act, the Non-Support of
Spouse and | ||||||
| 9 | Children Act, the Non-Support Punishment Act, the Uniform
| ||||||
| 10 | Interstate Family Support Act, the
Illinois Parentage Act of | ||||||
| 11 | 1984, or the Illinois Parentage Act of 2015.
| ||||||
| 12 | (b) The Illinois Department shall provide by rule for | ||||||
| 13 | notice to and an
opportunity to be heard by each responsible | ||||||
| 14 | relative affected, and any final
administrative decision | ||||||
| 15 | rendered by the Illinois Department shall be reviewed
only | ||||||
| 16 | under
and in accordance with the Administrative Review Law.
| ||||||
| 17 | (c) When enforcing a lien under subsection (a) of this | ||||||
| 18 | Section, the
Illinois Department shall have the authority to | ||||||
| 19 | execute notices of
administrative liens and levies, which shall | ||||||
| 20 | contain the name and address of
the responsible relative, a | ||||||
| 21 | description of the property
to be levied, the fact that a lien
| ||||||
| 22 | is being claimed for past-due child support, and such other | ||||||
| 23 | information as the
Illinois Department may by rule prescribe. | ||||||
| 24 | The Illinois Department may
serve the notice of lien or levy | ||||||
| 25 | upon any financial institution where
the accounts as defined in | ||||||
| 26 | Section 10-24 of the responsible relative may be
held, for | ||||||
| |||||||
| |||||||
| 1 | encumbrance or surrender of the accounts as defined in Section | ||||||
| 2 | 10-24
by the financial institution.
| ||||||
| 3 | (d) The Illinois Department shall enforce its lien against | ||||||
| 4 | the responsible
relative's personal property, other than | ||||||
| 5 | accounts as defined in Section 10-24
in financial institutions,
| ||||||
| 6 | and
levy upon such personal property in the manner provided for | ||||||
| 7 | enforcement of
judgments contained in Article XII of the Code | ||||||
| 8 | of Civil Procedure.
| ||||||
| 9 | (e) The Illinois Department shall not be required to | ||||||
| 10 | furnish bond or make a
deposit for or pay any costs or fees of | ||||||
| 11 | any court or officer thereof in any
legal proceeding involving | ||||||
| 12 | the lien.
| ||||||
| 13 | (f) To protect the lien of the State for past-due child | ||||||
| 14 | support, the
Illinois Department may, from funds that are | ||||||
| 15 | available for that purpose, pay
or provide for the payment of | ||||||
| 16 | necessary or essential repairs, purchase tax
certificates, or | ||||||
| 17 | pay or cause to be
satisfied any prior liens on the property to | ||||||
| 18 | which the lien hereunder applies.
| ||||||
| 19 | (g) A lien on personal property under this Section shall be | ||||||
| 20 | released
in the manner provided under Article XII
of the Code | ||||||
| 21 | of Civil Procedure.
Notwithstanding the foregoing, a lien under | ||||||
| 22 | this Section on accounts as defined
in Section 10-24 shall | ||||||
| 23 | expire upon the passage of 120 days from the date of
issuance | ||||||
| 24 | of the Notice of Lien or Levy by the Illinois Department. | ||||||
| 25 | However,
the lien
shall remain in effect during the pendency of | ||||||
| 26 | any appeal or protest.
| ||||||
| |||||||
| |||||||
| 1 | (h) A lien created under this Section is subordinate to any | ||||||
| 2 | prior lien of
the financial institution or any prior lien | ||||||
| 3 | holder or any prior right of
set-off that the financial | ||||||
| 4 | institution may have against the assets, or in the
case of an | ||||||
| 5 | insurance company or benefit association only in the accounts | ||||||
| 6 | as
defined in Section 10-24.
| ||||||
| 7 | (i) A financial institution has no obligation under this | ||||||
| 8 | Section to hold,
encumber, or surrender the assets, or in the | ||||||
| 9 | case of an insurance company or
benefit association only the | ||||||
| 10 | accounts as defined in Section 10-24, until the
financial
| ||||||
| 11 | institution has been properly served with a subpoena, summons, | ||||||
| 12 | warrant,
court or administrative order, or administrative lien | ||||||
| 13 | and levy requiring that
action.
| ||||||
| 14 | (Source: P.A. 99-85, eff. 1-1-16.)
| ||||||
| 15 | (Text of Section after amendment by P.A. 99-157)
| ||||||
| 16 | Sec. 10-25.5. Administrative liens and levies on personal | ||||||
| 17 | property for
past-due child support and for fines against a | ||||||
| 18 | payor who wilfully fails to withhold or pay over income | ||||||
| 19 | pursuant to a properly served income withholding notice or | ||||||
| 20 | otherwise fails to comply with any duties imposed by the Income | ||||||
| 21 | Withholding for Support Act. | ||||||
| 22 | (a) Notwithstanding any other State or local law to the | ||||||
| 23 | contrary, the State shall have a lien on all legal and | ||||||
| 24 | equitable interests of
responsible relatives in their personal | ||||||
| 25 | property, including any account in a
financial institution as | ||||||
| |||||||
| |||||||
| 1 | defined
in Section 10-24, or in the case of an insurance | ||||||
| 2 | company or benefit association
only in accounts as defined in | ||||||
| 3 | Section 10-24, in the amount of past-due child
support owing | ||||||
| 4 | pursuant to an order
for child support entered under Sections | ||||||
| 5 | 10-10 and 10-11 of this Code, or under
the Illinois Marriage | ||||||
| 6 | and Dissolution of Marriage Act, the Non-Support of
Spouse and | ||||||
| 7 | Children Act, the Non-Support Punishment Act, the Uniform
| ||||||
| 8 | Interstate Family Support Act, the
Illinois Parentage Act of | ||||||
| 9 | 1984, or the Illinois Parentage Act of 2015.
| ||||||
| 10 | (a-5) The State shall have a lien on all legal and | ||||||
| 11 | equitable interests of a payor, as that term is described in | ||||||
| 12 | the Income Withholding for Support Act, in the payor's personal | ||||||
| 13 | property in the amount of any fine imposed by the Illinois | ||||||
| 14 | Department pursuant to the Income Withholding for Support Act. | ||||||
| 15 | (b) The Illinois Department shall provide by rule for | ||||||
| 16 | notice to and an
opportunity to be heard by each responsible | ||||||
| 17 | relative or payor affected, and any final
administrative | ||||||
| 18 | decision rendered by the Illinois Department shall be reviewed
| ||||||
| 19 | only under
and in accordance with the Administrative Review | ||||||
| 20 | Law.
| ||||||
| 21 | (c) When enforcing a lien under subsection (a) of this | ||||||
| 22 | Section, the
Illinois Department shall have the authority to | ||||||
| 23 | execute notices of
administrative liens and levies, which shall | ||||||
| 24 | contain the name and address of
the responsible relative or | ||||||
| 25 | payor, a description of the property
to be levied, the fact | ||||||
| 26 | that a lien
is being claimed for past-due child support, and | ||||||
| |||||||
| |||||||
| 1 | such other information as the
Illinois Department may by rule | ||||||
| 2 | prescribe. The Illinois Department may
serve the notice of lien | ||||||
| 3 | or levy upon any financial institution where
the accounts as | ||||||
| 4 | defined in Section 10-24 of the responsible relative may be
| ||||||
| 5 | held, for encumbrance or surrender of the accounts as defined | ||||||
| 6 | in Section 10-24
by the financial institution.
| ||||||
| 7 | (d) The Illinois Department shall enforce its lien against | ||||||
| 8 | the responsible
relative's or payor's personal property, other | ||||||
| 9 | than accounts as defined in Section 10-24
in financial | ||||||
| 10 | institutions,
and
levy upon such personal property in the | ||||||
| 11 | manner provided for enforcement of
judgments contained in | ||||||
| 12 | Article XII of the Code of Civil Procedure.
| ||||||
| 13 | (e) The Illinois Department shall not be required to | ||||||
| 14 | furnish bond or make a
deposit for or pay any costs or fees of | ||||||
| 15 | any court or officer thereof in any
legal proceeding involving | ||||||
| 16 | the lien.
| ||||||
| 17 | (f) To protect the lien of the State for past-due child | ||||||
| 18 | support and for any fine imposed on a payor, the
Illinois | ||||||
| 19 | Department may, from funds that are available for that purpose, | ||||||
| 20 | pay
or provide for the payment of necessary or essential | ||||||
| 21 | repairs, purchase tax
certificates, or pay or cause to be
| ||||||
| 22 | satisfied any prior liens on the property to which the lien | ||||||
| 23 | hereunder applies.
| ||||||
| 24 | (g) A lien on personal property under this Section shall be | ||||||
| 25 | released
in the manner provided under Article XII
of the Code | ||||||
| 26 | of Civil Procedure.
Notwithstanding the foregoing, a lien under | ||||||
| |||||||
| |||||||
| 1 | this Section on accounts as defined
in Section 10-24 shall | ||||||
| 2 | expire upon the passage of 120 days from the date of
issuance | ||||||
| 3 | of the Notice of Lien or Levy by the Illinois Department. | ||||||
| 4 | However,
the lien
shall remain in effect during the pendency of | ||||||
| 5 | any appeal or protest.
| ||||||
| 6 | (h) A lien created under this Section is subordinate to any | ||||||
| 7 | prior lien of
the financial institution or any prior lien | ||||||
| 8 | holder or any prior right of
set-off that the financial | ||||||
| 9 | institution may have against the assets, or in the
case of an | ||||||
| 10 | insurance company or benefit association only in the accounts | ||||||
| 11 | as
defined in Section 10-24.
| ||||||
| 12 | (i) A financial institution has no obligation under this | ||||||
| 13 | Section to hold,
encumber, or surrender the assets, or in the | ||||||
| 14 | case of an insurance company or
benefit association only the | ||||||
| 15 | accounts as defined in Section 10-24, until the
financial
| ||||||
| 16 | institution has been properly served with a subpoena, summons, | ||||||
| 17 | warrant,
court or administrative order, or administrative lien | ||||||
| 18 | and levy requiring that
action.
| ||||||
| 19 | (Source: P.A. 99-85, eff. 1-1-16; 99-157, eff. 7-1-17; revised | ||||||
| 20 | 10-27-15.)
| ||||||
| 21 | Section 405. The Adult Protective Services Act is amended | ||||||
| 22 | by changing Section 8 as follows:
| ||||||
| 23 | (320 ILCS 20/8) (from Ch. 23, par. 6608)
| ||||||
| 24 | Sec. 8. Access to records. All records concerning reports | ||||||
| |||||||
| |||||||
| 1 | of abuse,
neglect, financial exploitation, or self-neglect and | ||||||
| 2 | all records generated as a result of
such reports shall be | ||||||
| 3 | confidential and shall not be disclosed except as
specifically | ||||||
| 4 | authorized by this Act or other applicable law. In accord with | ||||||
| 5 | established law and Department protocols, procedures, and | ||||||
| 6 | policies, access to such
records, but not access to the | ||||||
| 7 | identity of the person or persons making a
report of alleged | ||||||
| 8 | abuse, neglect,
financial exploitation, or self-neglect as | ||||||
| 9 | contained in
such records, shall be provided, upon request, to | ||||||
| 10 | the following persons and for the following
persons:
| ||||||
| 11 | (1) Department staff, provider agency staff, other | ||||||
| 12 | aging network staff, and
regional administrative agency | ||||||
| 13 | staff, including staff of the Chicago Department on Aging | ||||||
| 14 | while that agency is designated as a regional | ||||||
| 15 | administrative agency, in the furtherance of their
| ||||||
| 16 | responsibilities under this Act;
| ||||||
| 17 | (1.5) A representative of the public guardian acting in | ||||||
| 18 | the course of investigating the appropriateness of | ||||||
| 19 | guardianship for the eligible adult or while pursuing a | ||||||
| 20 | petition for guardianship of the eligible adult pursuant to | ||||||
| 21 | the Probate Act of 1975; | ||||||
| 22 | (2) A law enforcement agency investigating known or | ||||||
| 23 | suspected
abuse, neglect, financial exploitation, or | ||||||
| 24 | self-neglect. Where a provider
agency has reason to believe | ||||||
| 25 | that the
death of an eligible adult may be the result of | ||||||
| 26 | abuse or neglect, including any reports made after death, | ||||||
| |||||||
| |||||||
| 1 | the agency
shall immediately provide the appropriate law | ||||||
| 2 | enforcement agency with all
records pertaining to the | ||||||
| 3 | eligible adult;
| ||||||
| 4 | (2.5) A law enforcement agency, fire department | ||||||
| 5 | agency, or fire protection district having proper | ||||||
| 6 | jurisdiction pursuant to a written agreement between a | ||||||
| 7 | provider agency and the law enforcement agency, fire | ||||||
| 8 | department agency, or fire protection district under which | ||||||
| 9 | the provider agency may furnish to the law enforcement | ||||||
| 10 | agency, fire department agency, or fire protection | ||||||
| 11 | district a list of all eligible adults who may be at | ||||||
| 12 | imminent risk of abuse, neglect, financial exploitation, | ||||||
| 13 | or self-neglect; | ||||||
| 14 | (3) A physician who has before him or her or who is | ||||||
| 15 | involved
in the treatment of an eligible adult whom he or | ||||||
| 16 | she reasonably suspects
may be abused, neglected, | ||||||
| 17 | financially exploited, or self-neglected or who has been
| ||||||
| 18 | referred to the Adult Protective Services Program;
| ||||||
| 19 | (4) An eligible adult reported to be abused,
neglected,
| ||||||
| 20 | financially exploited, or self-neglected, or such adult's | ||||||
| 21 | authorized guardian or agent, unless such
guardian or agent | ||||||
| 22 | is the abuser or the alleged abuser; | ||||||
| 23 | (4.5) An executor or administrator of the estate of an | ||||||
| 24 | eligible adult who is deceased;
| ||||||
| 25 | (5) In cases regarding abuse, neglect, or financial | ||||||
| 26 | exploitation, a court or a guardian ad litem, upon its or | ||||||
| |||||||
| |||||||
| 1 | his or
her finding that access to such records may be
| ||||||
| 2 | necessary for the determination of an issue before the | ||||||
| 3 | court.
However,
such access shall be limited to an in | ||||||
| 4 | camera inspection of the records,
unless the court | ||||||
| 5 | determines that disclosure of the information contained
| ||||||
| 6 | therein is necessary for the resolution of an issue then | ||||||
| 7 | pending before it;
| ||||||
| 8 | (5.5) In cases regarding self-neglect, a guardian ad | ||||||
| 9 | litem;
| ||||||
| 10 | (6) A grand jury, upon its determination that access to | ||||||
| 11 | such
records is necessary in the conduct of its official | ||||||
| 12 | business;
| ||||||
| 13 | (7) Any person authorized by the Director, in writing, | ||||||
| 14 | for
audit or bona fide research purposes;
| ||||||
| 15 | (8) A coroner or medical examiner who has reason to | ||||||
| 16 | believe
that an eligible adult has died as the result of | ||||||
| 17 | abuse, neglect,
financial exploitation, or self-neglect. | ||||||
| 18 | The provider agency shall immediately provide the
coroner
| ||||||
| 19 | or medical examiner with all records pertaining to the | ||||||
| 20 | eligible adult;
| ||||||
| 21 | (8.5) A coroner or medical examiner having proper | ||||||
| 22 | jurisdiction, pursuant to a written agreement between a | ||||||
| 23 | provider agency and the coroner or medical examiner, under | ||||||
| 24 | which the provider agency may furnish to the office of the | ||||||
| 25 | coroner or medical examiner a list of all eligible adults | ||||||
| 26 | who may be at imminent risk of death as a result of abuse, | ||||||
| |||||||
| |||||||
| 1 | neglect, financial exploitation, or self-neglect; | ||||||
| 2 | (9) Department of Financial and Professional | ||||||
| 3 | Regulation staff
and members of the Illinois Medical | ||||||
| 4 | Disciplinary Board or the Social Work Examining and | ||||||
| 5 | Disciplinary Board in the course
of investigating alleged | ||||||
| 6 | violations of the Clinical Social Work and Social Work
| ||||||
| 7 | Practice Act by provider agency staff or other licensing | ||||||
| 8 | bodies at the discretion of the Director of the Department | ||||||
| 9 | on Aging; | ||||||
| 10 | (9-a) Department of Healthcare and Family Services | ||||||
| 11 | staff and provider agency staff when that Department is | ||||||
| 12 | funding services to the eligible adult, including access to | ||||||
| 13 | the identity of the eligible adult; | ||||||
| 14 | (9-b) Department of Human Services staff and provider | ||||||
| 15 | agency staff when that Department is funding services to | ||||||
| 16 | the eligible adult or is providing reimbursement for | ||||||
| 17 | services provided by the abuser or alleged abuser, | ||||||
| 18 | including access to the identity of the eligible adult; | ||||||
| 19 | (10) Hearing officers in the course of conducting an | ||||||
| 20 | administrative hearing under this Act; parties to such | ||||||
| 21 | hearing shall be entitled to discovery as established by | ||||||
| 22 | rule;
| ||||||
| 23 | (11) A caregiver who challenges placement on the | ||||||
| 24 | Registry shall be given the statement of allegations in the | ||||||
| 25 | abuse report and the substantiation decision in the final | ||||||
| 26 | investigative report; and | ||||||
| |||||||
| |||||||
| 1 | (12) The Illinois Guardianship and Advocacy Commission | ||||||
| 2 | and the agency designated by the Governor under Section 1 | ||||||
| 3 | of the Protection and Advocacy for Persons with | ||||||
| 4 | Developmental Disabilities Act shall have access, through | ||||||
| 5 | the Department, to records, including the findings, | ||||||
| 6 | pertaining to a completed or closed investigation of a | ||||||
| 7 | report of suspected abuse, neglect, financial | ||||||
| 8 | exploitation, or self-neglect of an eligible adult. | ||||||
| 9 | (Source: P.A. 98-49, eff. 7-1-13; 98-1039, eff. 8-25-14; | ||||||
| 10 | 99-143, eff. 7-27-15; 99-287, eff. 1-1-16; revised 10-26-15.)
| ||||||
| 11 | Section 410. The Abused and Neglected Child Reporting Act | ||||||
| 12 | is amended by changing Section 7.8 as follows:
| ||||||
| 13 | (325 ILCS 5/7.8)
| ||||||
| 14 | (Text of Section before amendment by P.A. 99-350) | ||||||
| 15 | Sec. 7.8.
Upon receiving an oral or written report of | ||||||
| 16 | suspected
child abuse or neglect, the Department shall | ||||||
| 17 | immediately notify, either
orally or electronically, the Child | ||||||
| 18 | Protective Service Unit of a previous
report concerning a | ||||||
| 19 | subject of the present report or other pertinent
information. | ||||||
| 20 | In addition, upon satisfactory identification procedures, to
| ||||||
| 21 | be established by Department regulation, any person authorized | ||||||
| 22 | to have
access to records under Section 11.1 relating to child | ||||||
| 23 | abuse and neglect
may request and shall be immediately provided | ||||||
| 24 | the information requested in
accordance with this Act. However, | ||||||
| |||||||
| |||||||
| 1 | no information shall be released unless
it prominently states | ||||||
| 2 | the report is "indicated", and only information from
| ||||||
| 3 | "indicated" reports shall be released, except that information | ||||||
| 4 | concerning
pending reports may be released pursuant to Sections | ||||||
| 5 | 7.14 and 7.22 of this Act to the attorney or guardian ad litem | ||||||
| 6 | appointed under Section 2-17 of the Juvenile Court Act of 1987 | ||||||
| 7 | and to any person authorized under
paragraphs (1), (2), (3) and | ||||||
| 8 | (11) of Section 11.1. In addition, State's
Attorneys are | ||||||
| 9 | authorized to receive unfounded reports (i) for prosecution
| ||||||
| 10 | purposes related to the transmission of false reports of child | ||||||
| 11 | abuse or
neglect in violation of subsection (a), paragraph (7) | ||||||
| 12 | of Section 26-1
of the Criminal Code of 2012 or (ii) for the | ||||||
| 13 | purposes of screening and prosecuting a petition filed under | ||||||
| 14 | Article II of the Juvenile Court Act of 1987 alleging a | ||||||
| 15 | subsequent allegation of abuse or neglect relating to the same | ||||||
| 16 | child, a sibling of the child, or the same perpetrator; the | ||||||
| 17 | parties to the proceedings
filed under Article II of the | ||||||
| 18 | Juvenile Court Act of 1987 are entitled to receive
copies of | ||||||
| 19 | previously unfounded reports regarding the same child, a | ||||||
| 20 | sibling of the
child, or the same perpetrator for purposes of | ||||||
| 21 | hearings under Sections 2-10 and 2-21 of the Juvenile Court Act | ||||||
| 22 | of 1987, and attorneys and guardians ad litem appointed under
| ||||||
| 23 | Article II of the Juvenile Court Act of 1987 shall receive the
| ||||||
| 24 | reports set forth in Section 7.14 of this Act in conformance | ||||||
| 25 | with paragraph
(19) of Section 11.1 and Section 7.14 of this | ||||||
| 26 | Act. The names and other
identifying data and the dates and the | ||||||
| |||||||
| |||||||
| 1 | circumstances of any persons
requesting or receiving | ||||||
| 2 | information from the central register shall be
entered in the | ||||||
| 3 | register record.
| ||||||
| 4 | (Source: P.A. 98-807, eff. 8-1-14; 99-78, eff. 7-20-15; 99-349, | ||||||
| 5 | eff. 1-1-16.)
| ||||||
| 6 | (Text of Section after amendment by P.A. 99-350)
| ||||||
| 7 | Sec. 7.8.
Upon receiving an oral or written report of | ||||||
| 8 | suspected
child abuse or neglect, the Department shall | ||||||
| 9 | immediately notify, either
orally or electronically, the Child | ||||||
| 10 | Protective Service Unit of a previous
report concerning a | ||||||
| 11 | subject of the present report or other pertinent
information. | ||||||
| 12 | In addition, upon satisfactory identification procedures, to
| ||||||
| 13 | be established by Department regulation, any person authorized | ||||||
| 14 | to have
access to records under Section 11.1 relating to child | ||||||
| 15 | abuse and neglect
may request and shall be immediately provided | ||||||
| 16 | the information requested in
accordance with this Act. However, | ||||||
| 17 | no information shall be released unless
it prominently states | ||||||
| 18 | the report is "indicated", and only information from
| ||||||
| 19 | "indicated" reports shall be released, except that information | ||||||
| 20 | concerning
pending reports may be released pursuant to Sections | ||||||
| 21 | 7.14 and 7.22 of this Act to the attorney or guardian ad litem | ||||||
| 22 | appointed under Section 2-17 of the Juvenile Court Act of 1987 | ||||||
| 23 | and to any person authorized under
paragraphs (1), (2), (3) and | ||||||
| 24 | (11) of Section 11.1. In addition, State's
Attorneys are | ||||||
| 25 | authorized to receive unfounded reports (i) for prosecution
| ||||||
| |||||||
| |||||||
| 1 | purposes related to the transmission of false reports of child | ||||||
| 2 | abuse or
neglect in violation of subsection (a), paragraph (7) | ||||||
| 3 | of Section 26-1
of the Criminal Code of 2012 or (ii) for the | ||||||
| 4 | purposes of screening and prosecuting a petition filed under | ||||||
| 5 | Article II of the Juvenile Court Act of 1987 alleging a | ||||||
| 6 | subsequent allegation of abuse or neglect relating to the same | ||||||
| 7 | child, a sibling of the child, or the same perpetrator; the | ||||||
| 8 | parties to the proceedings
filed under Article II of the | ||||||
| 9 | Juvenile Court Act of 1987 are entitled to receive
copies of | ||||||
| 10 | previously unfounded reports regarding the same child, a | ||||||
| 11 | sibling of the
child, or the same perpetrator for purposes of | ||||||
| 12 | hearings under Sections 2-10 and 2-21 of the Juvenile Court Act | ||||||
| 13 | of 1987, and attorneys and guardians ad litem appointed under
| ||||||
| 14 | Article II of the Juvenile Court Act of 1987 shall receive the
| ||||||
| 15 | reports set forth in Section 7.14 of this Act in conformance | ||||||
| 16 | with paragraph
(19) of Section 11.1 and Section 7.14 of this | ||||||
| 17 | Act. The Department is authorized and required to release | ||||||
| 18 | information from unfounded reports, upon request by a person | ||||||
| 19 | who has access to the unfounded report as provided in this Act, | ||||||
| 20 | as necessary in its determination to protect children and adult | ||||||
| 21 | residents who are in child care facilities licensed by the | ||||||
| 22 | Department under the Child Care Act of 1969. The names and | ||||||
| 23 | other
identifying data and the dates and the circumstances of | ||||||
| 24 | any persons
requesting or receiving information from the | ||||||
| 25 | central register shall be
entered in the register record.
| ||||||
| 26 | (Source: P.A. 98-807, eff. 8-1-14; 99-78, eff. 7-20-15; 99-349, | ||||||
| |||||||
| |||||||
| 1 | eff. 1-1-16; 99-350, eff. 6-1-16; revised 10-27-15.)
| ||||||
| 2 | Section 415. The Mental Health and Developmental | ||||||
| 3 | Disabilities Code is amended by changing Section 6-103.2 as | ||||||
| 4 | follows:
| ||||||
| 5 | (405 ILCS 5/6-103.2) | ||||||
| 6 | Sec. 6-103.2. Developmental disability; notice. If a | ||||||
| 7 | person 14 years old or older is determined to be a person with | ||||||
| 8 | a developmental disability by a physician, clinical | ||||||
| 9 | psychologist, or qualified examiner, the physician, clinical | ||||||
| 10 | psychologist, or qualified examiner shall notify the | ||||||
| 11 | Department of Human Services within 7 days of making the | ||||||
| 12 | determination that the person has a developmental disability. | ||||||
| 13 | The Department of Human Services shall immediately update its | ||||||
| 14 | records and information relating to mental health and | ||||||
| 15 | developmental disabilities, and if appropriate, shall notify | ||||||
| 16 | the Department of State Police in a form and manner prescribed | ||||||
| 17 | by the Department of State Police. Information disclosed under | ||||||
| 18 | this Section shall remain privileged and confidential, and | ||||||
| 19 | shall not be redisclosed, except as required under subsection | ||||||
| 20 | (e) of Section 3.1 of the Firearm Owners Identification Card | ||||||
| 21 | Act, nor used for any other purpose. The method of providing | ||||||
| 22 | this information shall guarantee that the information is not | ||||||
| 23 | released beyond that which is necessary for the purpose of this | ||||||
| 24 | Section and shall be provided by rule by the Department of | ||||||
| |||||||
| |||||||
| 1 | Human Services. The identity of the person reporting under this | ||||||
| 2 | Section shall not be disclosed to the subject of the report. | ||||||
| 3 | The physician, clinical psychologist, or qualified | ||||||
| 4 | examiner making the determination and his or her employer may | ||||||
| 5 | not be held criminally, civilly, or professionally liable for | ||||||
| 6 | making or not making the notification required under this | ||||||
| 7 | Section, except for willful or wanton misconduct.
| ||||||
| 8 | For purposes of this Section, "developmental disability" | ||||||
| 9 | "developmentally disabled" means a disability which is | ||||||
| 10 | attributable to any other condition which results in impairment | ||||||
| 11 | similar to that caused by an intellectual disability and which | ||||||
| 12 | requires services similar to those required by intellectually | ||||||
| 13 | disabled persons. The disability must originate before the age | ||||||
| 14 | of 18 years, be expected to continue indefinitely, and | ||||||
| 15 | constitute a substantial disability. This disability results, | ||||||
| 16 | in the professional opinion of a physician, clinical | ||||||
| 17 | psychologist, or qualified examiner, in significant functional | ||||||
| 18 | limitations in 3 or more of the following areas of major life | ||||||
| 19 | activity: | ||||||
| 20 | (i) self-care; | ||||||
| 21 | (ii) receptive and expressive language; | ||||||
| 22 | (iii) learning; | ||||||
| 23 | (iv) mobility; or | ||||||
| 24 | (v) self-direction. | ||||||
| 25 | "Determined to be a person with a developmental disability | ||||||
| 26 | developmentally disabled by a physician, clinical | ||||||
| |||||||
| |||||||
| 1 | psychologist, or qualified examiner" means in the professional | ||||||
| 2 | opinion of the physician, clinical psychologist, or qualified | ||||||
| 3 | examiner, a person is diagnosed, assessed, or evaluated as | ||||||
| 4 | having a developmental disability to be developmentally | ||||||
| 5 | disabled. | ||||||
| 6 | (Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15; 99-143, | ||||||
| 7 | eff. 7-27-15; revised 11-13-15.)
| ||||||
| 8 | Section 420. The Community Services Act is amended by | ||||||
| 9 | changing the title of the Act as follows:
| ||||||
| 10 | (405 ILCS 30/Act title)
| ||||||
| 11 | An Act to facilitate the establishment of community | ||||||
| 12 | services for persons
who are mentally ill,, alcohol dependent, | ||||||
| 13 | or addicted or who are persons with developmental disabilities.
| ||||||
| 14 | Section 425. The Developmental Disability and Mental | ||||||
| 15 | Disability Services Act is amended by changing Sections 2-3 and | ||||||
| 16 | 5-1 as follows:
| ||||||
| 17 | (405 ILCS 80/2-3) (from Ch. 91 1/2, par. 1802-3)
| ||||||
| 18 | Sec. 2-3. As used in this Article, unless the context | ||||||
| 19 | requires otherwise:
| ||||||
| 20 | (a) "Agency" means an agency or entity licensed by the | ||||||
| 21 | Department
pursuant to this Article or pursuant to the | ||||||
| 22 | Community Residential
Alternatives Licensing Act.
| ||||||
| |||||||
| |||||||
| 1 | (b) "Department" means the Department of Human Services, as | ||||||
| 2 | successor to
the Department of Mental Health and Developmental | ||||||
| 3 | Disabilities.
| ||||||
| 4 | (c) "Home-based services" means services provided to an | ||||||
| 5 | adult with a mental disability who lives in his or her own | ||||||
| 6 | home. These services include but are
not limited to:
| ||||||
| 7 | (1) home health services;
| ||||||
| 8 | (2) case management;
| ||||||
| 9 | (3) crisis management;
| ||||||
| 10 | (4) training and assistance in self-care;
| ||||||
| 11 | (5) personal care services;
| ||||||
| 12 | (6) habilitation and rehabilitation services;
| ||||||
| 13 | (7) employment-related services;
| ||||||
| 14 | (8) respite care; and
| ||||||
| 15 | (9) other skill training that enables a person to | ||||||
| 16 | become self-supporting.
| ||||||
| 17 | (d) "Legal guardian" means a person appointed by a court of | ||||||
| 18 | competent
jurisdiction to exercise certain powers on behalf of | ||||||
| 19 | an adult with a mental disability.
| ||||||
| 20 | (e) "Adult with a mental disability" means a person over | ||||||
| 21 | the age of 18 years
who lives in his or her own home; who needs | ||||||
| 22 | home-based services,
but does not require 24-hour-a-day | ||||||
| 23 | supervision; and who has one of the
following conditions: | ||||||
| 24 | severe autism, severe mental illness, a severe or
profound | ||||||
| 25 | intellectual disability, or severe and multiple impairments.
| ||||||
| 26 | (f) In one's "own home" means that an adult with a mental | ||||||
| |||||||
| |||||||
| 1 | disability lives
alone; or that an adult with a mental | ||||||
| 2 | disability is in full-time residence with his
or her parents, | ||||||
| 3 | legal guardian, or other relatives; or that an adult with a | ||||||
| 4 | mental disability is in full-time residence in a setting not | ||||||
| 5 | subject to
licensure under the Nursing Home Care Act, the | ||||||
| 6 | Specialized Mental Health Rehabilitation Act of 2013, the ID/DD | ||||||
| 7 | Community Care Act, the MC/DD Act, or the Child Care Act of | ||||||
| 8 | 1969, as now or hereafter amended, with 3 or fewer other adults | ||||||
| 9 | unrelated to the
adult with a mental disability who do not | ||||||
| 10 | provide home-based services to the
adult with a mental | ||||||
| 11 | disability.
| ||||||
| 12 | (g) "Parent" means the biological or adoptive parent
of an | ||||||
| 13 | adult with a mental disability, or a person licensed as a
| ||||||
| 14 | foster parent under the laws of this State who acts as a foster | ||||||
| 15 | parent to an adult with a mental disability.
| ||||||
| 16 | (h) "Relative" means any of the following relationships
by | ||||||
| 17 | blood, marriage or adoption: parent, son, daughter, brother, | ||||||
| 18 | sister,
grandparent, uncle, aunt, nephew, niece, great | ||||||
| 19 | grandparent, great uncle,
great aunt, stepbrother, stepsister, | ||||||
| 20 | stepson, stepdaughter, stepparent or
first cousin.
| ||||||
| 21 | (i) "Severe autism" means a lifelong developmental | ||||||
| 22 | disability which is
typically manifested before 30 months of | ||||||
| 23 | age and is characterized by
severe disturbances in reciprocal | ||||||
| 24 | social interactions; verbal and
nonverbal communication and | ||||||
| 25 | imaginative activity; and repertoire of
activities and | ||||||
| 26 | interests. A person shall be determined severely
autistic, for | ||||||
| |||||||
| |||||||
| 1 | purposes of this Article, if both of the following are present:
| ||||||
| 2 | (1) Diagnosis consistent with the criteria for | ||||||
| 3 | autistic disorder in
the current edition of the Diagnostic | ||||||
| 4 | and Statistical Manual of Mental
Disorders.
| ||||||
| 5 | (2) Severe disturbances in reciprocal social | ||||||
| 6 | interactions; verbal and
nonverbal communication and | ||||||
| 7 | imaginative activity; repertoire of activities
and | ||||||
| 8 | interests. A determination of severe autism shall be based | ||||||
| 9 | upon a
comprehensive, documented assessment with an | ||||||
| 10 | evaluation by a licensed
clinical psychologist or | ||||||
| 11 | psychiatrist. A determination of severe autism
shall not be | ||||||
| 12 | based solely on behaviors relating to environmental, | ||||||
| 13 | cultural
or economic differences.
| ||||||
| 14 | (j) "Severe mental illness" means the manifestation of all | ||||||
| 15 | of the
following characteristics:
| ||||||
| 16 | (1) A primary diagnosis of one of the major mental | ||||||
| 17 | disorders
in the current edition of the Diagnostic and | ||||||
| 18 | Statistical Manual of Mental
Disorders listed below:
| ||||||
| 19 | (A) Schizophrenia disorder.
| ||||||
| 20 | (B) Delusional disorder.
| ||||||
| 21 | (C) Schizo-affective disorder.
| ||||||
| 22 | (D) Bipolar affective disorder.
| ||||||
| 23 | (E) Atypical psychosis.
| ||||||
| 24 | (F) Major depression, recurrent.
| ||||||
| 25 | (2) The individual's mental illness must substantially | ||||||
| 26 | impair his
or her functioning in at least 2 of the | ||||||
| |||||||
| |||||||
| 1 | following areas:
| ||||||
| 2 | (A) Self-maintenance.
| ||||||
| 3 | (B) Social functioning.
| ||||||
| 4 | (C) Activities of community living.
| ||||||
| 5 | (D) Work skills.
| ||||||
| 6 | (3) Disability must be present or expected to be | ||||||
| 7 | present for at least
one year.
| ||||||
| 8 | A determination of severe mental illness shall be based | ||||||
| 9 | upon a
comprehensive, documented assessment with an evaluation | ||||||
| 10 | by a licensed
clinical psychologist or psychiatrist, and shall | ||||||
| 11 | not be based solely on
behaviors relating to environmental, | ||||||
| 12 | cultural or economic differences.
| ||||||
| 13 | (k) "Severe or profound intellectual disability" means a | ||||||
| 14 | manifestation of all
of the following characteristics:
| ||||||
| 15 | (1) A diagnosis which meets Classification in Mental | ||||||
| 16 | Retardation or
criteria in the current edition of the | ||||||
| 17 | Diagnostic and Statistical Manual of
Mental Disorders for | ||||||
| 18 | severe or profound mental retardation (an IQ of 40 or
| ||||||
| 19 | below). This must be measured by a standardized instrument | ||||||
| 20 | for general
intellectual functioning.
| ||||||
| 21 | (2) A severe or profound level of disturbed adaptive | ||||||
| 22 | behavior. This
must be measured by a standardized adaptive | ||||||
| 23 | behavior scale or informal
appraisal by the professional in | ||||||
| 24 | keeping with illustrations in
Classification in Mental | ||||||
| 25 | Retardation, 1983.
| ||||||
| 26 | (3) Disability diagnosed before age of 18.
| ||||||
| |||||||
| |||||||
| 1 | A determination of a severe or profound intellectual | ||||||
| 2 | disability shall be based
upon a comprehensive, documented | ||||||
| 3 | assessment with an evaluation by a
licensed clinical | ||||||
| 4 | psychologist or certified school psychologist or a
| ||||||
| 5 | psychiatrist, and shall not be based solely on behaviors | ||||||
| 6 | relating to
environmental, cultural or economic differences.
| ||||||
| 7 | (l) "Severe and multiple impairments" means the | ||||||
| 8 | manifestation of all of
the following characteristics:
| ||||||
| 9 | (1) The evaluation determines the presence of a | ||||||
| 10 | developmental
disability which is expected to continue | ||||||
| 11 | indefinitely, constitutes a
substantial disability and is | ||||||
| 12 | attributable to any of the following:
| ||||||
| 13 | (A) Intellectual disability, which is defined as | ||||||
| 14 | general intellectual
functioning that is 2 or more | ||||||
| 15 | standard deviations below the mean
concurrent with | ||||||
| 16 | impairment of adaptive behavior which is 2 or more | ||||||
| 17 | standard
deviations below the mean. Assessment of the | ||||||
| 18 | individual's intellectual
functioning must be measured | ||||||
| 19 | by a standardized instrument for general
intellectual | ||||||
| 20 | functioning.
| ||||||
| 21 | (B) Cerebral palsy.
| ||||||
| 22 | (C) Epilepsy.
| ||||||
| 23 | (D) Autism.
| ||||||
| 24 | (E) Any other condition which results in | ||||||
| 25 | impairment similar to that
caused by an intellectual | ||||||
| 26 | disability and which requires services similar to | ||||||
| |||||||
| |||||||
| 1 | those
required by persons with intellectual | ||||||
| 2 | disabilities.
| ||||||
| 3 | (2) The evaluation determines multiple disabilities in | ||||||
| 4 | physical, sensory,
behavioral or cognitive functioning | ||||||
| 5 | which constitute a severe or profound
impairment | ||||||
| 6 | attributable to one or more of the following:
| ||||||
| 7 | (A) Physical functioning, which severely impairs | ||||||
| 8 | the individual's motor
performance that may be due to:
| ||||||
| 9 | (i) Neurological, psychological or physical | ||||||
| 10 | involvement resulting in a
variety of disabling | ||||||
| 11 | conditions such as hemiplegia, quadriplegia or | ||||||
| 12 | ataxia,
| ||||||
| 13 | (ii) Severe organ systems involvement such as | ||||||
| 14 | congenital heart defect,
| ||||||
| 15 | (iii) Physical abnormalities resulting in the | ||||||
| 16 | individual being
non-mobile and non-ambulatory or | ||||||
| 17 | confined to bed and receiving assistance
in | ||||||
| 18 | transferring, or
| ||||||
| 19 | (iv) The need for regular medical or nursing | ||||||
| 20 | supervision such as
gastrostomy care and feeding.
| ||||||
| 21 | Assessment of physical functioning must be based | ||||||
| 22 | on clinical medical
assessment by a physician licensed | ||||||
| 23 | to practice medicine in all its branches,
using the | ||||||
| 24 | appropriate instruments, techniques and standards of | ||||||
| 25 | measurement
required by the professional.
| ||||||
| 26 | (B) Sensory, which involves severe restriction due | ||||||
| |||||||
| |||||||
| 1 | to hearing or
visual impairment limiting the | ||||||
| 2 | individual's movement and creating
dependence in | ||||||
| 3 | completing most daily activities. Hearing impairment | ||||||
| 4 | is
defined as a loss of 70 decibels aided or speech | ||||||
| 5 | discrimination of less
than 50% aided. Visual | ||||||
| 6 | impairment is defined as 20/200 corrected in the
better | ||||||
| 7 | eye or a visual field of 20 degrees or less.
Sensory | ||||||
| 8 | functioning must be based on clinical medical | ||||||
| 9 | assessment by a
physician licensed to practice | ||||||
| 10 | medicine in all its branches using the
appropriate | ||||||
| 11 | instruments, techniques and standards of measurement | ||||||
| 12 | required
by the professional.
| ||||||
| 13 | (C) Behavioral, which involves behavior that is | ||||||
| 14 | maladaptive and presents
a danger to self or others, is | ||||||
| 15 | destructive to property by deliberately
breaking, | ||||||
| 16 | destroying or defacing objects, is disruptive by | ||||||
| 17 | fighting, or has
other socially offensive behaviors in | ||||||
| 18 | sufficient frequency or severity to
seriously limit | ||||||
| 19 | social integration. Assessment of behavioral | ||||||
| 20 | functioning
may be measured by a standardized scale or | ||||||
| 21 | informal appraisal by a clinical
psychologist or | ||||||
| 22 | psychiatrist.
| ||||||
| 23 | (D) Cognitive, which involves intellectual | ||||||
| 24 | functioning at a measured IQ
of 70 or below. Assessment | ||||||
| 25 | of cognitive functioning must be measured by a
| ||||||
| 26 | standardized instrument for general intelligence.
| ||||||
| |||||||
| |||||||
| 1 | (3) The evaluation determines that development is | ||||||
| 2 | substantially less
than expected for the age in cognitive, | ||||||
| 3 | affective or psychomotor behavior
as follows:
| ||||||
| 4 | (A) Cognitive, which involves intellectual | ||||||
| 5 | functioning at a measured IQ
of 70 or below. Assessment | ||||||
| 6 | of cognitive functioning must be measured by a
| ||||||
| 7 | standardized instrument for general intelligence.
| ||||||
| 8 | (B) Affective behavior, which involves over and | ||||||
| 9 | under responding to
stimuli in the environment and may | ||||||
| 10 | be observed in mood, attention to
awareness, or in | ||||||
| 11 | behaviors such as euphoria, anger or sadness that
| ||||||
| 12 | seriously limit integration into society. Affective | ||||||
| 13 | behavior must be based
on clinical assessment using the | ||||||
| 14 | appropriate instruments, techniques and
standards of | ||||||
| 15 | measurement required by the professional.
| ||||||
| 16 | (C) Psychomotor, which includes a severe | ||||||
| 17 | developmental delay in fine or
gross motor skills so | ||||||
| 18 | that development in self-care, social interaction,
| ||||||
| 19 | communication or physical activity will be greatly | ||||||
| 20 | delayed or restricted.
| ||||||
| 21 | (4) A determination that the disability originated | ||||||
| 22 | before the age of
18 years.
| ||||||
| 23 | A determination of severe and multiple impairments shall be | ||||||
| 24 | based upon a
comprehensive, documented assessment with an | ||||||
| 25 | evaluation by a licensed
clinical psychologist or | ||||||
| 26 | psychiatrist.
| ||||||
| |||||||
| |||||||
| 1 | If the examiner is a licensed clinical psychologist, | ||||||
| 2 | ancillary evaluation
of physical impairment, cerebral palsy or | ||||||
| 3 | epilepsy must be made by a
physician licensed to practice | ||||||
| 4 | medicine in all its branches.
| ||||||
| 5 | Regardless of the discipline of the examiner, ancillary | ||||||
| 6 | evaluation of
visual impairment must be made by an | ||||||
| 7 | ophthalmologist or a licensed optometrist.
| ||||||
| 8 | Regardless of the discipline of the examiner, ancillary | ||||||
| 9 | evaluation of
hearing impairment must be made by an | ||||||
| 10 | otolaryngologist or an audiologist
with a certificate of | ||||||
| 11 | clinical competency.
| ||||||
| 12 | The only exception to the above is in the case of a person | ||||||
| 13 | with cerebral
palsy or epilepsy who, according to the | ||||||
| 14 | eligibility criteria listed below,
has multiple impairments | ||||||
| 15 | which are only physical and sensory. In such a
case, a | ||||||
| 16 | physician licensed to practice medicine in all its branches may
| ||||||
| 17 | serve as the examiner.
| ||||||
| 18 | (m) "Twenty-four-hour-a-day supervision" means | ||||||
| 19 | 24-hour-a-day care by a
trained mental health or developmental | ||||||
| 20 | disability professional on an ongoing
basis.
| ||||||
| 21 | (Source: P.A. 98-104, eff. 7-22-13; 99-143, eff. 7-27-15; | ||||||
| 22 | 99-180, eff. 7-29-15; revised 10-15-15.)
| ||||||
| 23 | (405 ILCS 80/5-1) (from Ch. 91 1/2, par. 1805-1)
| ||||||
| 24 | Sec. 5-1.
As the mental health and developmental | ||||||
| 25 | disabilities or
intellectual disabilities authority for the | ||||||
| |||||||
| |||||||
| 1 | State of Illinois, the Department
of Human Services shall
have | ||||||
| 2 | the authority to license, certify and prescribe standards
| ||||||
| 3 | governing the programs and services provided under this Act, as | ||||||
| 4 | well as all
other agencies or programs which provide home-based | ||||||
| 5 | or community-based
services to persons with mental | ||||||
| 6 | disabilities, except those services, programs or
agencies | ||||||
| 7 | established under or otherwise subject to the Child Care Act of
| ||||||
| 8 | 1969, the Specialized Mental Health Rehabilitation Act of 2013, | ||||||
| 9 | the ID/DD Community Care Act, or the MC/DD Act, as now or | ||||||
| 10 | hereafter amended, and this
Act shall not be construed to limit | ||||||
| 11 | the application of those Acts.
| ||||||
| 12 | (Source: P.A. 98-104, eff. 7-22-13; 99-143, eff. 7-27-15; | ||||||
| 13 | 99-180, eff. 7-29-15; revised 10-15-15.)
| ||||||
| 14 | Section 430. The Sexual Assault Survivors Emergency | ||||||
| 15 | Treatment Act is amended by changing Section 5 as follows:
| ||||||
| 16 | (410 ILCS 70/5) (from Ch. 111 1/2, par. 87-5)
| ||||||
| 17 | Sec. 5. Minimum requirements for hospitals providing | ||||||
| 18 | hospital emergency services and forensic services
to sexual | ||||||
| 19 | assault survivors.
| ||||||
| 20 | (a) Every hospital providing hospital emergency services | ||||||
| 21 | and forensic services to
sexual assault survivors under this | ||||||
| 22 | Act
shall, as minimum requirements for such services, provide, | ||||||
| 23 | with the consent
of the sexual assault survivor, and as ordered | ||||||
| 24 | by the attending
physician, an advanced practice nurse, or a | ||||||
| |||||||
| |||||||
| 1 | physician assistant, the following:
| ||||||
| 2 | (1) appropriate medical examinations and laboratory
| ||||||
| 3 | tests required to ensure the health, safety, and welfare
of | ||||||
| 4 | a sexual assault survivor or which may be
used as evidence | ||||||
| 5 | in a criminal proceeding against a person accused of the
| ||||||
| 6 | sexual assault, or both; and records of the results of such | ||||||
| 7 | examinations
and tests shall be maintained by the hospital | ||||||
| 8 | and made available to law
enforcement officials upon the | ||||||
| 9 | request of the sexual assault survivor;
| ||||||
| 10 | (2) appropriate oral and written information | ||||||
| 11 | concerning the possibility
of infection, sexually | ||||||
| 12 | transmitted disease and pregnancy
resulting from sexual | ||||||
| 13 | assault;
| ||||||
| 14 | (3) appropriate oral and written information | ||||||
| 15 | concerning accepted medical
procedures, medication, and | ||||||
| 16 | possible contraindications of such medication
available | ||||||
| 17 | for the prevention or treatment of infection or disease | ||||||
| 18 | resulting
from sexual assault;
| ||||||
| 19 | (4) an amount of medication for treatment at the | ||||||
| 20 | hospital and after discharge as is deemed appropriate by | ||||||
| 21 | the attending physician, an advanced practice nurse, or a | ||||||
| 22 | physician assistant and consistent with the hospital's | ||||||
| 23 | current approved protocol for sexual assault survivors;
| ||||||
| 24 | (5) an evaluation of the sexual assault survivor's risk | ||||||
| 25 | of contracting human immunodeficiency virus (HIV) from the | ||||||
| 26 | sexual assault;
| ||||||
| |||||||
| |||||||
| 1 | (6) written and oral instructions indicating the need | ||||||
| 2 | for follow-up examinations and laboratory tests after the | ||||||
| 3 | sexual assault to determine the presence or absence of
| ||||||
| 4 | sexually transmitted disease;
| ||||||
| 5 | (7) referral by hospital personnel for appropriate | ||||||
| 6 | counseling; and
| ||||||
| 7 | (8) when HIV prophylaxis is deemed appropriate, an | ||||||
| 8 | initial dose or doses of HIV prophylaxis, along with | ||||||
| 9 | written and oral instructions indicating the importance of
| ||||||
| 10 | timely follow-up healthcare.
| ||||||
| 11 | (b) Any person who is a sexual assault survivor who seeks | ||||||
| 12 | emergency hospital services and forensic services or follow-up | ||||||
| 13 | healthcare
under this Act shall be provided such services | ||||||
| 14 | without the consent
of any parent, guardian, custodian, | ||||||
| 15 | surrogate, or agent.
| ||||||
| 16 | (b-5) Every treating hospital providing hospital emergency | ||||||
| 17 | and forensic services to sexual assault survivors shall issue a | ||||||
| 18 | voucher to any sexual assault survivor who is eligible to | ||||||
| 19 | receive one. The hospital shall make a copy of the voucher and | ||||||
| 20 | place it in the medical record of the sexual assault survivor. | ||||||
| 21 | The hospital shall provide a copy of the voucher to the sexual | ||||||
| 22 | assault survivor after discharge upon request. | ||||||
| 23 | (c) Nothing in this Section creates a physician-patient | ||||||
| 24 | relationship that extends beyond discharge from the hospital | ||||||
| 25 | emergency department.
| ||||||
| 26 | (Source: P.A. 99-173, eff. 7-29-15; 99-454, eff. 1-1-16; | ||||||
| |||||||
| |||||||
| 1 | revised 10-16-15.)
| ||||||
| 2 | Section 435. The Compassionate Use of Medical Cannabis | ||||||
| 3 | Pilot Program Act is amended by changing Section 45 as follows:
| ||||||
| 4 | (410 ILCS 130/45) | ||||||
| 5 | (Section scheduled to be repealed on January 1, 2018)
| ||||||
| 6 | Sec. 45. Addition of debilitating medical conditions.
Any | ||||||
| 7 | citizen may petition the Department of Public Health to add | ||||||
| 8 | debilitating conditions or treatments to the list of | ||||||
| 9 | debilitating medical conditions listed in subsection (h) of | ||||||
| 10 | Section 10. The Department of Public Health shall consider | ||||||
| 11 | petitions in the manner required by Department rule, including | ||||||
| 12 | public notice and hearing. The Department shall approve or deny | ||||||
| 13 | a petition within 180 days of its submission, and, upon | ||||||
| 14 | approval, shall proceed to add that condition by rule in | ||||||
| 15 | accordance with the Illinois Administrative Procedure Act. The | ||||||
| 16 | approval or denial of any petition is a final decision of the | ||||||
| 17 | Department, subject to judicial review. Jurisdiction and venue | ||||||
| 18 | are vested in the Circuit Court.
| ||||||
| 19 | (Source: P.A. 98-122, eff. 1-1-14; revised 10-21-15.)
| ||||||
| 20 | Section 440. The AIDS Confidentiality Act is amended by | ||||||
| 21 | changing Section 3 as follows:
| ||||||
| 22 | (410 ILCS 305/3) (from Ch. 111 1/2, par. 7303)
| ||||||
| |||||||
| |||||||
| 1 | Sec. 3. Definitions. When used in this Act:
| ||||||
| 2 | (a) "AIDS" means acquired immunodeficiency syndrome. | ||||||
| 3 | (b) "Authority" means the Illinois Health Information | ||||||
| 4 | Exchange Authority established pursuant to the Illinois Health | ||||||
| 5 | Information Exchange and Technology Act. | ||||||
| 6 | (c) "Business associate" has the meaning ascribed to it | ||||||
| 7 | under HIPAA, as specified in 45 CFR 160.103. | ||||||
| 8 | (d) "Covered entity" has the meaning ascribed to it under | ||||||
| 9 | HIPAA, as specified in 45 CFR 160.103. | ||||||
| 10 | (e) "De-identified information" means health information | ||||||
| 11 | that is not individually identifiable as described under HIPAA, | ||||||
| 12 | as specified in 45 CFR 164.514(b). | ||||||
| 13 | (f) "Department" means the Illinois Department of Public | ||||||
| 14 | Health or its designated agents.
| ||||||
| 15 | (g) "Disclosure" has the meaning ascribed to it under | ||||||
| 16 | HIPAA, as specified in 45 CFR 160.103. | ||||||
| 17 | (h) "Health care operations" has the meaning ascribed to it | ||||||
| 18 | under HIPAA, as specified in 45 CFR 164.501. | ||||||
| 19 | (i) "Health care professional" means (i) a licensed | ||||||
| 20 | physician, (ii) a licensed
physician assistant, (iii) a | ||||||
| 21 | licensed advanced practice nurse, (iv) an advanced practice | ||||||
| 22 | nurse or physician assistant who practices in a hospital or | ||||||
| 23 | ambulatory surgical treatment center and possesses appropriate | ||||||
| 24 | clinical privileges, (v) a licensed dentist, (vi) a licensed | ||||||
| 25 | podiatric physician, or (vii) an
individual certified to | ||||||
| 26 | provide HIV testing and counseling by a state or local
public | ||||||
| |||||||
| |||||||
| 1 | health
department. | ||||||
| 2 | (j) "Health care provider" has the meaning ascribed to it | ||||||
| 3 | under HIPAA, as specified in 45 CFR 160.103.
| ||||||
| 4 | (k) "Health facility" means a hospital, nursing home, blood | ||||||
| 5 | bank, blood
center, sperm bank, or other health care | ||||||
| 6 | institution, including any "health
facility" as that term is | ||||||
| 7 | defined in the Illinois Finance Authority
Act.
| ||||||
| 8 | (l) "Health information exchange" or "HIE" means a health | ||||||
| 9 | information exchange or health information organization that | ||||||
| 10 | oversees and governs the electronic exchange of health | ||||||
| 11 | information that (i) is established pursuant to the Illinois | ||||||
| 12 | Health Information Exchange and Technology Act, or any | ||||||
| 13 | subsequent amendments thereto, and any administrative rules | ||||||
| 14 | adopted thereunder; (ii) has established a data sharing | ||||||
| 15 | arrangement with the Authority; or (iii) as of August 16, 2013, | ||||||
| 16 | was designated by the Authority Board as a member of, or was | ||||||
| 17 | represented on, the Authority Board's Regional Health | ||||||
| 18 | Information Exchange Workgroup; provided that such designation
| ||||||
| 19 | shall not require the establishment of a data sharing | ||||||
| 20 | arrangement or other participation with the Illinois Health
| ||||||
| 21 | Information Exchange or the payment of any fee. In certain | ||||||
| 22 | circumstances, in accordance with HIPAA, an HIE will be a | ||||||
| 23 | business associate. | ||||||
| 24 | (m) "Health oversight agency" has the meaning ascribed to | ||||||
| 25 | it under HIPAA, as specified in 45 CFR 164.501. | ||||||
| 26 | (n) "HIPAA" means the Health Insurance Portability and | ||||||
| |||||||
| |||||||
| 1 | Accountability Act of 1996, Public Law 104-191, as amended by | ||||||
| 2 | the Health Information Technology for Economic and Clinical | ||||||
| 3 | Health Act of 2009, Public Law 111-05, and any subsequent | ||||||
| 4 | amendments thereto and any regulations promulgated thereunder. | ||||||
| 5 | (o) "HIV" means the human immunodeficiency virus. | ||||||
| 6 | (p) "HIV-related information" means the identity of a | ||||||
| 7 | person upon whom an HIV test is performed, the results of an | ||||||
| 8 | HIV test, as well as diagnosis, treatment, and prescription | ||||||
| 9 | information that reveals a patient is HIV-positive, including | ||||||
| 10 | such information contained in a limited data set. "HIV-related | ||||||
| 11 | information" does not include information that has been | ||||||
| 12 | de-identified in accordance with HIPAA. | ||||||
| 13 | (q) "Informed consent" means: | ||||||
| 14 | (1) where a health care provider, health care | ||||||
| 15 | professional, or health facility has implemented opt-in | ||||||
| 16 | testing, a process by which an individual or their legal | ||||||
| 17 | representative receives pre-test information, has an | ||||||
| 18 | opportunity to ask questions, and consents verbally or in | ||||||
| 19 | writing to the test without undue inducement or any element | ||||||
| 20 | of force, fraud, deceit, duress, or other form of | ||||||
| 21 | constraint or coercion; or | ||||||
| 22 | (2) where a health care provider, health care | ||||||
| 23 | professional, or health facility has implemented opt-out | ||||||
| 24 | testing, the individual or their legal representative has | ||||||
| 25 | been notified verbally or in writing that the test is | ||||||
| 26 | planned, has received pre-test information, has been given | ||||||
| |||||||
| |||||||
| 1 | the opportunity to ask questions and the opportunity to | ||||||
| 2 | decline testing, and has not declined testing; where such | ||||||
| 3 | notice is provided, consent for opt-out HIV testing may be | ||||||
| 4 | incorporated into the patient's general consent for | ||||||
| 5 | medical care on the same basis as are other screening or | ||||||
| 6 | diagnostic tests; a separate consent for opt-out HIV | ||||||
| 7 | testing is not required. | ||||||
| 8 | In addition, where the person providing informed consent is | ||||||
| 9 | a participant in an HIE, informed consent requires a fair | ||||||
| 10 | explanation that the results of the patient's HIV test will be | ||||||
| 11 | accessible through an HIE and meaningful disclosure of the | ||||||
| 12 | patient's opt-out right under Section 9.6 of this Act. | ||||||
| 13 | A health care provider, health care professional, or health | ||||||
| 14 | facility undertaking an informed consent process for HIV | ||||||
| 15 | testing under this subsection may combine a form used to obtain | ||||||
| 16 | informed consent for HIV testing with forms used to obtain | ||||||
| 17 | written consent for general medical care or any other medical | ||||||
| 18 | test or procedure, provided that the forms make it clear that | ||||||
| 19 | the subject may consent to general medical care, tests, or | ||||||
| 20 | procedures without being required to consent to HIV testing, | ||||||
| 21 | and clearly explain how the subject may decline HIV testing. | ||||||
| 22 | Health facility clerical staff or other staff responsible for | ||||||
| 23 | the consent form for general medical care may obtain consent | ||||||
| 24 | for HIV testing through a general consent form. | ||||||
| 25 | (r) "Limited data set" has the meaning ascribed to it under | ||||||
| 26 | HIPAA, as described in 45 CFR 164.514(e)(2). | ||||||
| |||||||
| |||||||
| 1 | (s) "Minimum necessary" means the HIPAA standard for using, | ||||||
| 2 | disclosing, and requesting protected health information found | ||||||
| 3 | in 45 CFR 164.502(b) and 164.514(d). | ||||||
| 4 | (s-1) "Opt-in testing" means an approach where an HIV test | ||||||
| 5 | is presented by offering the test and the patient accepts or | ||||||
| 6 | declines testing. | ||||||
| 7 | (s-3) "Opt-out testing" means an approach where an HIV test | ||||||
| 8 | is presented such that a patient is notified that HIV testing | ||||||
| 9 | may occur unless the patient declines. | ||||||
| 10 | (t) "Organized health care arrangement" has the meaning | ||||||
| 11 | ascribed to it under HIPAA, as specified in 45 CFR 160.103. | ||||||
| 12 | (u) "Patient safety activities" has the meaning ascribed to | ||||||
| 13 | it under 42 CFR 3.20. | ||||||
| 14 | (v) "Payment" has the meaning ascribed to it under HIPAA, | ||||||
| 15 | as specified in 45 CFR 164.501. | ||||||
| 16 | (w) "Person" includes any natural person, partnership, | ||||||
| 17 | association, joint venture, trust, governmental entity, public | ||||||
| 18 | or private corporation, health facility, or other legal entity. | ||||||
| 19 | (w-5) "Pre-test information" means: | ||||||
| 20 | (1) a reasonable explanation of the test, including its | ||||||
| 21 | purpose, potential uses, limitations, and the meaning of | ||||||
| 22 | its results; and | ||||||
| 23 | (2) a reasonable explanation of the procedures to be | ||||||
| 24 | followed, including the voluntary nature of the test, the | ||||||
| 25 | availability of a qualified person to answer questions, the | ||||||
| 26 | right to withdraw consent to the testing process at any | ||||||
| |||||||
| |||||||
| 1 | time, the right to anonymity to the extent provided by law | ||||||
| 2 | with respect to participation in the test and disclosure of | ||||||
| 3 | test results, and the right to confidential treatment of | ||||||
| 4 | information identifying the subject of the test and the | ||||||
| 5 | results of the test, to the extent provided by law. | ||||||
| 6 | Pre-test information may be provided in writing, verbally, | ||||||
| 7 | or by video, electronic, or other means and may be provided as | ||||||
| 8 | designated by the supervising health care professional or the | ||||||
| 9 | health facility. | ||||||
| 10 | For the purposes of this definition, a qualified person to | ||||||
| 11 | answer questions is a health care professional or, when acting | ||||||
| 12 | under the supervision of a health care professional, a | ||||||
| 13 | registered nurse, medical assistant, or other person | ||||||
| 14 | determined to be sufficiently knowledgeable about HIV testing, | ||||||
| 15 | its purpose, potential uses, limitations, the meaning of the | ||||||
| 16 | test results, and the testing procedures in the professional | ||||||
| 17 | judgment of a supervising health care professional or as | ||||||
| 18 | designated by a health care facility. | ||||||
| 19 | (x) "Protected health information" has the meaning | ||||||
| 20 | ascribed to it under HIPAA, as specified in 45 CFR 160.103. | ||||||
| 21 | (y) "Research" has the meaning ascribed to it under HIPAA, | ||||||
| 22 | as specified in 45 CFR 164.501. | ||||||
| 23 | (z) "State agency" means an instrumentality of the State of | ||||||
| 24 | Illinois and any instrumentality of another state that, | ||||||
| 25 | pursuant to applicable law or a written undertaking with an | ||||||
| 26 | instrumentality of the State of Illinois, is bound to protect | ||||||
| |||||||
| |||||||
| 1 | the privacy of HIV-related information of Illinois persons.
| ||||||
| 2 | (aa) "Test" or "HIV test" means a test to determine the | ||||||
| 3 | presence of the
antibody or antigen to HIV, or of HIV | ||||||
| 4 | infection.
| ||||||
| 5 | (bb) "Treatment" has the meaning ascribed to it under | ||||||
| 6 | HIPAA, as specified in 45 CFR 164.501. | ||||||
| 7 | (cc) "Use" has the meaning ascribed to it under HIPAA, as | ||||||
| 8 | specified in 45 CFR 160.103, where context dictates.
| ||||||
| 9 | (Source: P.A. 98-214, eff. 8-9-13; 98-1046, eff. 1-1-15; 99-54, | ||||||
| 10 | eff. 1-1-16; 99-173, eff. 7-29-15; revised 10-16-15.)
| ||||||
| 11 | Section 445. The Illinois Sexually Transmissible Disease | ||||||
| 12 | Control Act is amended by changing Section 5.5 as follows:
| ||||||
| 13 | (410 ILCS 325/5.5) (from Ch. 111 1/2, par. 7405.5)
| ||||||
| 14 | Sec. 5.5. Risk assessment.
| ||||||
| 15 | (a) Whenever the Department receives a report of HIV | ||||||
| 16 | infection or AIDS
pursuant to this Act and the Department | ||||||
| 17 | determines that the subject of the
report may present or may | ||||||
| 18 | have presented a possible risk of HIV
transmission, the | ||||||
| 19 | Department shall, when medically appropriate, investigate
the | ||||||
| 20 | subject of the report and that person's contacts as defined in
| ||||||
| 21 | subsection (c), to assess the potential risks of transmission. | ||||||
| 22 | Any
investigation and action shall be conducted in a timely | ||||||
| 23 | fashion. All
contacts other than those defined in subsection | ||||||
| 24 | (c) shall be investigated
in accordance with Section 5 of this | ||||||
| |||||||
| |||||||
| 1 | Act.
| ||||||
| 2 | (b) If the Department determines that there is or may have | ||||||
| 3 | been
potential risks of HIV transmission from the subject of | ||||||
| 4 | the report to other
persons, the Department shall afford the | ||||||
| 5 | subject the opportunity to submit
any information and comment | ||||||
| 6 | on proposed actions the Department intends to
take with respect | ||||||
| 7 | to the subject's contacts who are at potential risk of
| ||||||
| 8 | transmission of HIV prior to notification of the subject's | ||||||
| 9 | contacts. The
Department shall also afford the subject of the | ||||||
| 10 | report the opportunity to
notify the subject's contacts in a | ||||||
| 11 | timely fashion who are at potential risk
of transmission of HIV | ||||||
| 12 | prior to the Department taking any steps to notify
such | ||||||
| 13 | contacts. If the subject declines to notify such contacts or if | ||||||
| 14 | the
Department determines the notices to be inadequate or | ||||||
| 15 | incomplete, the
Department shall endeavor to notify such other | ||||||
| 16 | persons of the potential
risk, and offer testing and counseling | ||||||
| 17 | services to these individuals. When
the contacts are notified, | ||||||
| 18 | they shall be informed of the disclosure
provisions of the AIDS | ||||||
| 19 | Confidentiality Act and the penalties therein and
this Section.
| ||||||
| 20 | (c) Contacts investigated under this Section shall in the | ||||||
| 21 | case of HIV
infection include (i) individuals who have | ||||||
| 22 | undergone invasive procedures
performed by an HIV infected | ||||||
| 23 | health care provider and (ii)
health care providers who have | ||||||
| 24 | performed invasive procedures for persons
infected with HIV, | ||||||
| 25 | provided the Department has determined that there is or
may | ||||||
| 26 | have been potential risk of HIV transmission from the health | ||||||
| |||||||
| |||||||
| 1 | care
provider to those individuals or from infected persons to | ||||||
| 2 | health care
providers. The Department shall have access to the | ||||||
| 3 | subject's records to
review for the identity of contacts. The | ||||||
| 4 | subject's records shall not be
copied or seized by the | ||||||
| 5 | Department.
| ||||||
| 6 | For purposes of this subsection, the term "invasive | ||||||
| 7 | procedures" means
those procedures termed invasive by the | ||||||
| 8 | Centers for Disease Control in
current guidelines or | ||||||
| 9 | recommendations for the prevention of HIV
transmission in | ||||||
| 10 | health care settings, and the term "health care provider"
means | ||||||
| 11 | any physician, dentist, podiatric physician, advanced practice | ||||||
| 12 | nurse, physician assistant, nurse, or other person providing
| ||||||
| 13 | health care services of any kind.
| ||||||
| 14 | (d) All information and records held by the Department and | ||||||
| 15 | local health
authorities pertaining to activities conducted | ||||||
| 16 | pursuant to this Section
shall be strictly confidential and | ||||||
| 17 | exempt from copying and inspection under
the Freedom of | ||||||
| 18 | Information Act. Such information and records shall not be
| ||||||
| 19 | released or made public by the Department or local health | ||||||
| 20 | authorities, and
shall not be admissible as evidence, nor | ||||||
| 21 | discoverable in any action of any
kind in any court or before | ||||||
| 22 | any tribunal, board, agency or person and shall
be treated in | ||||||
| 23 | the same manner as the information and those records subject
to | ||||||
| 24 | the provisions of Part 21 of Article VIII of the Code of Civil | ||||||
| 25 | Procedure except under
the following circumstances:
| ||||||
| 26 | (1) When made with the written consent of all persons | ||||||
| |||||||
| |||||||
| 1 | to whom this
information pertains;
| ||||||
| 2 | (2) When authorized under Section 8 to be released | ||||||
| 3 | under court order
or subpoena pursuant to Section 12-5.01 | ||||||
| 4 | or 12-16.2 of the Criminal Code of 1961 or the Criminal | ||||||
| 5 | Code of 2012; or
| ||||||
| 6 | (3) When made by the Department for the purpose of | ||||||
| 7 | seeking a warrant
authorized by Sections 6 and 7 of this | ||||||
| 8 | Act. Such disclosure shall conform
to the requirements of | ||||||
| 9 | subsection (a) of Section 8 of this Act.
| ||||||
| 10 | (e) Any person who knowingly or maliciously disseminates | ||||||
| 11 | any
information or report concerning the existence of any | ||||||
| 12 | disease under this
Section is guilty of a Class A misdemeanor.
| ||||||
| 13 | (Source: P.A. 97-1150, eff. 1-25-13; 98-214, eff. 8-9-13; | ||||||
| 14 | 98-756, eff. 7-16-14; revised 10-15-15.)
| ||||||
| 15 | Section 450. The Food Handling Regulation Enforcement Act | ||||||
| 16 | is amended by changing Section 3.3 as follows:
| ||||||
| 17 | (410 ILCS 625/3.3) | ||||||
| 18 | Sec. 3.3. Farmers' markets. | ||||||
| 19 | (a) The General Assembly finds as follows: | ||||||
| 20 | (1) Farmers' markets, as defined in subsection (b) of | ||||||
| 21 | this Section, provide not only a valuable marketplace for | ||||||
| 22 | farmers and food artisans to sell their products directly | ||||||
| 23 | to consumers, but also a place for consumers to access | ||||||
| 24 | fresh fruits, vegetables, and other agricultural products. | ||||||
| |||||||
| |||||||
| 1 | (2) Farmers' markets serve as a stimulator for local | ||||||
| 2 | economies and for thousands of new businesses every year, | ||||||
| 3 | allowing farmers to sell directly to consumers and capture | ||||||
| 4 | the full retail value of their products. They have become | ||||||
| 5 | important community institutions and have figured in the | ||||||
| 6 | revitalization of downtown districts and rural | ||||||
| 7 | communities. | ||||||
| 8 | (3) Since 1999, the number of farmers' markets has | ||||||
| 9 | tripled and new ones are being established every year. | ||||||
| 10 | There is a lack of consistent regulation from one county to | ||||||
| 11 | the next, resulting in confusion and discrepancies between | ||||||
| 12 | counties regarding how products may be sold. | ||||||
| 13 | (4) In 1999, the Department of Public Health published | ||||||
| 14 | Technical Information Bulletin/Food #30 in order to | ||||||
| 15 | outline the food handling and sanitation guidelines | ||||||
| 16 | required for farmers' markets, producer markets, and other | ||||||
| 17 | outdoor food sales events. | ||||||
| 18 | (5) While this bulletin was revised in 2010, there | ||||||
| 19 | continues to be inconsistencies, confusion, and lack of | ||||||
| 20 | awareness by consumers, farmers, markets, and local health | ||||||
| 21 | authorities of required guidelines affecting farmers' | ||||||
| 22 | markets from county to county. | ||||||
| 23 | (b) For the purposes of this Section: | ||||||
| 24 | "Department" means the Department of Public Health. | ||||||
| 25 | "Director" means the Director of Public Health. | ||||||
| 26 | "Farmers' market" means a common facility or area where the | ||||||
| |||||||
| |||||||
| 1 | primary purpose is for farmers to gather to sell a variety of | ||||||
| 2 | fresh fruits and vegetables and other locally produced farm and | ||||||
| 3 | food products directly to consumers. | ||||||
| 4 | (c) In order to facilitate the orderly and uniform | ||||||
| 5 | statewide implementation of the standards established in the | ||||||
| 6 | Department of Public Health's administrative rules for this | ||||||
| 7 | Section, the Farmers' Market Task Force shall be formed by the | ||||||
| 8 | Director to assist the Department in implementing statewide | ||||||
| 9 | administrative regulations for farmers' markets. | ||||||
| 10 | (d)
This Section does not intend and shall not be construed | ||||||
| 11 | to limit the power of counties, municipalities, and other local | ||||||
| 12 | government units to regulate farmers' markets for the | ||||||
| 13 | protection of the public health, safety, morals, and welfare, | ||||||
| 14 | including, but not limited to, licensing requirements and time, | ||||||
| 15 | place, and manner restrictions. This Section provides for a | ||||||
| 16 | statewide scheme for the orderly and consistent interpretation | ||||||
| 17 | of the Department of Public Health administrative rules | ||||||
| 18 | pertaining to the safety of food and food products sold at | ||||||
| 19 | farmers' markets. | ||||||
| 20 | (e) The Farmers' Market Task Force shall consist of at | ||||||
| 21 | least 24 members appointed within
60 days after August 16, 2011 | ||||||
| 22 | (the effective date of this Section). Task Force members shall | ||||||
| 23 | consist of: | ||||||
| 24 | (1) one person appointed by the President of the | ||||||
| 25 | Senate; | ||||||
| 26 | (2) one person appointed by the Minority Leader of the | ||||||
| |||||||
| |||||||
| 1 | Senate; | ||||||
| 2 | (3) one person appointed by the Speaker of the House of | ||||||
| 3 | Representatives; | ||||||
| 4 | (4) one person appointed by the Minority Leader of the | ||||||
| 5 | House of Representatives; | ||||||
| 6 | (5) the Director of Public Health or his or her | ||||||
| 7 | designee; | ||||||
| 8 | (6) the Director of Agriculture or his or her designee; | ||||||
| 9 | (7) a representative of a general agricultural | ||||||
| 10 | production association appointed by the Department of | ||||||
| 11 | Agriculture; | ||||||
| 12 | (8) three representatives of local county public | ||||||
| 13 | health departments appointed by the Director and selected | ||||||
| 14 | from 3 different counties representing each of the | ||||||
| 15 | northern, central, and southern portions of this State; | ||||||
| 16 | (9) four members of the general public who are engaged | ||||||
| 17 | in local farmers' markets appointed by the Director of | ||||||
| 18 | Agriculture; | ||||||
| 19 | (10) a representative of an association representing | ||||||
| 20 | public health administrators appointed by the Director; | ||||||
| 21 | (11) a representative of an organization of public | ||||||
| 22 | health departments that serve the City of Chicago and the | ||||||
| 23 | counties of Cook, DuPage, Kane, Kendall, Lake, McHenry, | ||||||
| 24 | Will, and Winnebago appointed by the Director; | ||||||
| 25 | (12) a representative of a general public health | ||||||
| 26 | association appointed by the Director; | ||||||
| |||||||
| |||||||
| 1 | (13) the Director of Commerce and Economic Opportunity | ||||||
| 2 | or his or her designee; | ||||||
| 3 | (14) the Lieutenant Governor or his or her designee; | ||||||
| 4 | and | ||||||
| 5 | (15) five farmers who sell their farm products at | ||||||
| 6 | farmers' markets appointed by the Lieutenant Governor or | ||||||
| 7 | his or her designee. | ||||||
| 8 | Task Force members' terms shall be for a period of 2 years, | ||||||
| 9 | with ongoing appointments made according to the provisions of | ||||||
| 10 | this Section. | ||||||
| 11 | (f) The Task Force shall be convened by the Director or his | ||||||
| 12 | or her designee. Members shall elect a Task Force Chair and | ||||||
| 13 | Co-Chair. | ||||||
| 14 | (g) Meetings may be held via conference call, in person, or | ||||||
| 15 | both. Three members of the Task Force may call a meeting as | ||||||
| 16 | long as a 5-working-day notification is sent via mail, e-mail, | ||||||
| 17 | or telephone call to each member of the Task Force. | ||||||
| 18 | (h) Members of the Task Force shall serve without | ||||||
| 19 | compensation. | ||||||
| 20 | (i) The Task Force shall undertake a comprehensive and | ||||||
| 21 | thorough review of the current Statutes and administrative | ||||||
| 22 | rules that define which products and practices are permitted | ||||||
| 23 | and which products and practices are not permitted at farmers' | ||||||
| 24 | markets and to assist the Department in developing statewide | ||||||
| 25 | administrative regulations for farmers' markets. | ||||||
| 26 | (j) The Task Force shall advise the Department regarding | ||||||
| |||||||
| |||||||
| 1 | the content of any administrative rules adopted under this | ||||||
| 2 | Section and Sections 3.4, 3.5, and 4 of this Act Section prior | ||||||
| 3 | to adoption of the rules. Any administrative rules, except | ||||||
| 4 | emergency rules adopted pursuant to Section 5-45 of the | ||||||
| 5 | Illinois Administrative Procedure Act, adopted under this | ||||||
| 6 | Section without obtaining the advice of the Task Force are null | ||||||
| 7 | and void. If the Department fails to follow the advice of the | ||||||
| 8 | Task Force, the Department shall, prior to adopting the rules, | ||||||
| 9 | transmit a written explanation to the Task Force. If the Task | ||||||
| 10 | Force, having been asked for its advice, fails to advise the | ||||||
| 11 | Department within 90 days after receiving the rules for review, | ||||||
| 12 | the rules shall be considered to have been approved by the Task | ||||||
| 13 | Force. | ||||||
| 14 | (k) The Department of Public Health shall provide staffing | ||||||
| 15 | support to the Task Force and shall help to prepare, print, and | ||||||
| 16 | distribute all reports deemed necessary by the Task Force. | ||||||
| 17 | (l) The Task Force may request assistance from any entity | ||||||
| 18 | necessary or useful for the performance of its duties. The Task | ||||||
| 19 | Force shall issue a report annually to the Secretary of the | ||||||
| 20 | Senate and the Clerk of the House. | ||||||
| 21 | (m) The following provisions shall apply concerning | ||||||
| 22 | statewide farmers' market food safety guidelines: | ||||||
| 23 | (1) The Director, in accordance with this Section, | ||||||
| 24 | shall adopt administrative rules (as provided by the | ||||||
| 25 | Illinois Administrative Procedure Act) for foods found at | ||||||
| 26 | farmers' markets. | ||||||
| |||||||
| |||||||
| 1 | (2) The rules and regulations described in this Section | ||||||
| 2 | shall be consistently enforced by local health authorities | ||||||
| 3 | throughout the State. | ||||||
| 4 | (2.5) Notwithstanding any other provision of law | ||||||
| 5 | except as provided in this Section, local public health | ||||||
| 6 | departments and all other units of local government are | ||||||
| 7 | prohibited from creating sanitation guidelines, rules, or | ||||||
| 8 | regulations for farmers' markets that are more stringent | ||||||
| 9 | than those farmers' market sanitation regulations | ||||||
| 10 | contained in the administrative rules adopted by the | ||||||
| 11 | Department for the purposes of implementing this Section | ||||||
| 12 | and Sections 3.4, 3.5, and 4 of this Act. Except as | ||||||
| 13 | provided for in Sections 3.4 and 4 of this Act, this | ||||||
| 14 | Section does not intend and shall not be construed to limit | ||||||
| 15 | the power of local health departments and other government | ||||||
| 16 | units from requiring licensing and permits for the sale of | ||||||
| 17 | commercial food products, processed food products, | ||||||
| 18 | prepared foods, and potentially hazardous foods at | ||||||
| 19 | farmers' markets or conducting related inspections and | ||||||
| 20 | enforcement activities, so long as those permits and | ||||||
| 21 | licenses do not include unreasonable fees or sanitation | ||||||
| 22 | provisions and rules that are more stringent than those | ||||||
| 23 | laid out in the administrative rules adopted by the | ||||||
| 24 | Department for the purposes of implementing this Section | ||||||
| 25 | and Sections 3.4, 3.5, and 4 of this Act. | ||||||
| 26 | (3) In the case of alleged non-compliance with the | ||||||
| |||||||
| |||||||
| 1 | provisions described in this Section, local health | ||||||
| 2 | departments shall issue written notices to vendors and | ||||||
| 3 | market managers of any noncompliance issues. | ||||||
| 4 | (4) Produce and food products coming within the scope | ||||||
| 5 | of the provisions of this Section shall include, but not be | ||||||
| 6 | limited to, raw agricultural products, including fresh | ||||||
| 7 | fruits and vegetables; popcorn, grains, seeds, beans, and | ||||||
| 8 | nuts that are whole, unprocessed, unpackaged, and | ||||||
| 9 | unsprouted; fresh herb springs and dried herbs in bunches; | ||||||
| 10 | baked goods sold at farmers' markets; cut fruits and | ||||||
| 11 | vegetables; milk and cheese products; ice cream; syrups; | ||||||
| 12 | wild and cultivated mushrooms; apple cider and other fruit | ||||||
| 13 | and vegetable juices; herb vinegar; garlic-in-oil; | ||||||
| 14 | flavored oils; pickles, relishes, salsas, and other canned | ||||||
| 15 | or jarred items; shell eggs; meat and poultry; fish; | ||||||
| 16 | ready-to-eat foods; commercially produced prepackaged food | ||||||
| 17 | products; and any additional items specified in the | ||||||
| 18 | administrative rules adopted by the Department to | ||||||
| 19 | implement Section 3.3 of this Act. | ||||||
| 20 | (n) Local health department regulatory guidelines may be | ||||||
| 21 | applied to foods not often found at farmers' markets, all other | ||||||
| 22 | food products not regulated by the Department of Agriculture | ||||||
| 23 | and the Department of Public Health, as well as live animals to | ||||||
| 24 | be sold at farmers' markets. | ||||||
| 25 | (o) The Task Force shall issue annual reports to the | ||||||
| 26 | Secretary of the Senate and the Clerk of the House with | ||||||
| |||||||
| |||||||
| 1 | recommendations for the development of administrative rules as | ||||||
| 2 | specified. The first report shall be issued no later than | ||||||
| 3 | December 31, 2012. | ||||||
| 4 | (p) The Department of Public Health and the Department of | ||||||
| 5 | Agriculture, in conjunction with the Task Force, shall adopt | ||||||
| 6 | administrative rules necessary to implement, interpret, and | ||||||
| 7 | make specific the provisions of this Section, including, but | ||||||
| 8 | not limited to, rules concerning labels, sanitation, and food | ||||||
| 9 | product safety according to the realms of their jurisdiction in | ||||||
| 10 | accordance with subsection (j) of this Section.
| ||||||
| 11 | (q) The Department and the Task Force shall work together | ||||||
| 12 | to create a food sampling training and license program as | ||||||
| 13 | specified in Section 3.4 of this Act. | ||||||
| 14 | (Source: P.A. 98-660, eff. 6-23-14; 99-9, eff. 7-10-15; 99-191, | ||||||
| 15 | eff. 1-1-16; revised 10-30-15.)
| ||||||
| 16 | Section 455. The Environmental Protection Act is amended by | ||||||
| 17 | changing Sections 3.330, 22.55, and 39 as follows:
| ||||||
| 18 | (415 ILCS 5/3.330) (was 415 ILCS 5/3.32)
| ||||||
| 19 | Sec. 3.330. Pollution control facility.
| ||||||
| 20 | (a) "Pollution control facility" is any waste storage site, | ||||||
| 21 | sanitary
landfill, waste disposal site, waste transfer | ||||||
| 22 | station, waste treatment
facility, or waste incinerator. This | ||||||
| 23 | includes sewers, sewage treatment
plants, and any other | ||||||
| 24 | facilities owned or operated by sanitary districts
organized | ||||||
| |||||||
| |||||||
| 1 | under the Metropolitan Water Reclamation District Act.
| ||||||
| 2 | The following are not pollution control facilities:
| ||||||
| 3 | (1) (blank);
| ||||||
| 4 | (2) waste storage sites regulated under 40 CFR, Part | ||||||
| 5 | 761.42;
| ||||||
| 6 | (3) sites or facilities used by any person conducting a | ||||||
| 7 | waste storage,
waste treatment, waste disposal, waste | ||||||
| 8 | transfer or waste incineration
operation, or a combination | ||||||
| 9 | thereof, for wastes generated by such person's
own | ||||||
| 10 | activities, when such wastes are stored, treated, disposed | ||||||
| 11 | of,
transferred or incinerated within the site or facility | ||||||
| 12 | owned, controlled or
operated by such person, or when such | ||||||
| 13 | wastes are transported within or
between sites or | ||||||
| 14 | facilities owned, controlled or operated by such person;
| ||||||
| 15 | (4) sites or facilities at which the State is | ||||||
| 16 | performing removal or
remedial action pursuant to Section | ||||||
| 17 | 22.2 or 55.3;
| ||||||
| 18 | (5) abandoned quarries used solely for the disposal of | ||||||
| 19 | concrete, earth
materials, gravel, or aggregate debris | ||||||
| 20 | resulting from road construction
activities conducted by a | ||||||
| 21 | unit of government or construction activities due
to the | ||||||
| 22 | construction and installation of underground pipes, lines, | ||||||
| 23 | conduit
or wires off of the premises of a public utility | ||||||
| 24 | company which are
conducted by a public utility;
| ||||||
| 25 | (6) sites or facilities used by any person to | ||||||
| 26 | specifically conduct a
landscape composting operation;
| ||||||
| |||||||
| |||||||
| 1 | (7) regional facilities as defined in the Central | ||||||
| 2 | Midwest Interstate
Low-Level Radioactive Waste Compact;
| ||||||
| 3 | (8) the portion of a site or facility where coal | ||||||
| 4 | combustion wastes are
stored or disposed of in accordance | ||||||
| 5 | with subdivision (r)(2) or (r)(3) of
Section 21;
| ||||||
| 6 | (9) the portion of a site or facility used for the | ||||||
| 7 | collection,
storage or processing of waste tires as defined | ||||||
| 8 | in Title XIV;
| ||||||
| 9 | (10) the portion of a site or facility used for | ||||||
| 10 | treatment of
petroleum contaminated materials by | ||||||
| 11 | application onto or incorporation into
the soil surface and | ||||||
| 12 | any portion of that site or facility used for storage
of | ||||||
| 13 | petroleum contaminated materials before treatment. Only | ||||||
| 14 | those categories
of petroleum listed in Section
57.9(a)(3) | ||||||
| 15 | are exempt under this subdivision (10);
| ||||||
| 16 | (11) the portion of a site or facility where used oil | ||||||
| 17 | is collected or
stored prior to shipment to a recycling or | ||||||
| 18 | energy recovery facility, provided
that the used oil is | ||||||
| 19 | generated by households or commercial establishments, and
| ||||||
| 20 | the site or facility is a recycling center or a business | ||||||
| 21 | where oil or gasoline
is sold at retail; | ||||||
| 22 | (11.5) processing sites or facilities that receive | ||||||
| 23 | only on-specification used oil, as defined in 35 Ill. | ||||||
| 24 | Admin. Code 739, originating from used oil collectors for | ||||||
| 25 | processing that is managed under 35 Ill. Admin. Code 739 to | ||||||
| 26 | produce products for sale to off-site petroleum | ||||||
| |||||||
| |||||||
| 1 | facilities, if these processing sites or facilities are: | ||||||
| 2 | (i) located within a home rule unit of local government | ||||||
| 3 | with a population of at least 30,000 according to the 2000 | ||||||
| 4 | federal census, that home rule unit of local government has | ||||||
| 5 | been designated as an Urban Round II Empowerment Zone by | ||||||
| 6 | the United States Department of Housing and Urban | ||||||
| 7 | Development, and that home rule unit of local government | ||||||
| 8 | has enacted an ordinance approving the location of the site | ||||||
| 9 | or facility and provided funding for the site or facility; | ||||||
| 10 | and (ii) in compliance with all applicable zoning | ||||||
| 11 | requirements;
| ||||||
| 12 | (12) the portion of a site or facility utilizing coal | ||||||
| 13 | combustion waste
for stabilization and treatment of only | ||||||
| 14 | waste generated on that site or
facility when used in | ||||||
| 15 | connection with response actions pursuant to the federal
| ||||||
| 16 | Comprehensive Environmental Response, Compensation, and | ||||||
| 17 | Liability Act of 1980,
the federal Resource Conservation | ||||||
| 18 | and Recovery Act of 1976, or the Illinois
Environmental | ||||||
| 19 | Protection Act or as authorized by the Agency;
| ||||||
| 20 | (13) the portion of a site or facility that accepts | ||||||
| 21 | exclusively general
construction or demolition debris and | ||||||
| 22 | is operated and located in accordance with Section 22.38 of | ||||||
| 23 | this Act; | ||||||
| 24 | (14) the portion of a site or facility, located within | ||||||
| 25 | a unit of local government that has enacted local zoning | ||||||
| 26 | requirements, used to accept, separate, and process | ||||||
| |||||||
| |||||||
| 1 | uncontaminated broken concrete, with or without protruding | ||||||
| 2 | metal bars, provided that the uncontaminated broken | ||||||
| 3 | concrete and metal bars are not speculatively accumulated, | ||||||
| 4 | are at the site or facility no longer than one year after | ||||||
| 5 | their acceptance, and are returned to the economic | ||||||
| 6 | mainstream in the form of raw materials or products;
| ||||||
| 7 | (15) the portion of a site or facility located in a | ||||||
| 8 | county with a population over 3,000,000 that has obtained | ||||||
| 9 | local siting approval under Section 39.2 of this Act for a | ||||||
| 10 | municipal waste incinerator on or before July 1, 2005 and | ||||||
| 11 | that is used for a non-hazardous waste transfer station;
| ||||||
| 12 | (16) a site or facility that temporarily holds in | ||||||
| 13 | transit for 10 days or less, non-putrescible solid waste in | ||||||
| 14 | original containers, no larger in capacity than 500 | ||||||
| 15 | gallons, provided that such waste is further transferred to | ||||||
| 16 | a recycling, disposal, treatment, or storage facility on a | ||||||
| 17 | non-contiguous site and provided such site or facility | ||||||
| 18 | complies with the applicable 10-day transfer requirements | ||||||
| 19 | of the federal Resource Conservation and Recovery Act of | ||||||
| 20 | 1976 and United States Department of Transportation | ||||||
| 21 | hazardous material requirements. For purposes of this | ||||||
| 22 | Section only, "non-putrescible solid waste" means waste | ||||||
| 23 | other than municipal garbage that does not rot or become | ||||||
| 24 | putrid, including, but not limited to, paints, solvent, | ||||||
| 25 | filters, and absorbents;
| ||||||
| 26 | (17)
the portion of a site or facility located in a | ||||||
| |||||||
| |||||||
| 1 | county with a population greater than 3,000,000 that has | ||||||
| 2 | obtained local siting approval, under Section 39.2 of this | ||||||
| 3 | Act, for a municipal waste incinerator on or before July 1, | ||||||
| 4 | 2005 and that is used for wood combustion facilities for | ||||||
| 5 | energy recovery that accept and burn only wood material, as | ||||||
| 6 | included in a fuel specification approved by the Agency;
| ||||||
| 7 | (18)
a transfer station used exclusively for landscape | ||||||
| 8 | waste, including a transfer station where landscape waste | ||||||
| 9 | is ground to reduce its volume, where the landscape waste | ||||||
| 10 | is held no longer than 24 hours from the time it was | ||||||
| 11 | received; | ||||||
| 12 | (19) the portion of a site or facility that (i) is used | ||||||
| 13 | for the composting of food scrap, livestock waste, crop | ||||||
| 14 | residue, uncontaminated wood waste, or paper waste, | ||||||
| 15 | including, but not limited to, corrugated paper or | ||||||
| 16 | cardboard, and (ii) meets all of the following | ||||||
| 17 | requirements: | ||||||
| 18 | (A) There must not be more than a total of 30,000 | ||||||
| 19 | cubic yards of livestock waste in raw form or in the | ||||||
| 20 | process of being composted at the site or facility at | ||||||
| 21 | any one time. | ||||||
| 22 | (B) All food scrap, livestock waste, crop residue, | ||||||
| 23 | uncontaminated wood waste, and paper waste must, by the | ||||||
| 24 | end of each operating day, be processed and placed into | ||||||
| 25 | an enclosed vessel in which air flow and temperature | ||||||
| 26 | are controlled, or all of the following additional | ||||||
| |||||||
| |||||||
| 1 | requirements must be met: | ||||||
| 2 | (i) The portion of the site or facility used | ||||||
| 3 | for the composting operation must include a | ||||||
| 4 | setback of at least 200 feet from the nearest | ||||||
| 5 | potable water supply well. | ||||||
| 6 | (ii) The portion of the site or facility used | ||||||
| 7 | for the composting operation must be located | ||||||
| 8 | outside the boundary of the 10-year floodplain or | ||||||
| 9 | floodproofed. | ||||||
| 10 | (iii) Except in municipalities with more than | ||||||
| 11 | 1,000,000 inhabitants, the portion of the site or | ||||||
| 12 | facility used for the composting operation must be | ||||||
| 13 | located at least one-eighth of a mile from the | ||||||
| 14 | nearest residence, other than a residence located | ||||||
| 15 | on the same property as the site or facility. | ||||||
| 16 | (iv) The portion of the site or facility used | ||||||
| 17 | for the composting operation must be located at | ||||||
| 18 | least one-eighth of a mile from the property line | ||||||
| 19 | of all of the following areas: | ||||||
| 20 | (I) Facilities that primarily serve to | ||||||
| 21 | house or treat people that are | ||||||
| 22 | immunocompromised or immunosuppressed, such as | ||||||
| 23 | cancer or AIDS patients; people with asthma, | ||||||
| 24 | cystic fibrosis, or bioaerosol allergies; or | ||||||
| 25 | children under the age of one year. | ||||||
| 26 | (II) Primary and secondary schools and | ||||||
| |||||||
| |||||||
| 1 | adjacent areas that the schools use for | ||||||
| 2 | recreation. | ||||||
| 3 | (III) Any facility for child care licensed | ||||||
| 4 | under Section 3 of the Child Care Act of 1969; | ||||||
| 5 | preschools; and adjacent areas that the | ||||||
| 6 | facilities or preschools use for recreation. | ||||||
| 7 | (v) By the end of each operating day, all food | ||||||
| 8 | scrap, livestock waste, crop residue, | ||||||
| 9 | uncontaminated wood waste, and paper waste must be | ||||||
| 10 | (i) processed into windrows or other piles and (ii) | ||||||
| 11 | covered in a manner that prevents scavenging by | ||||||
| 12 | birds and animals and that prevents other | ||||||
| 13 | nuisances. | ||||||
| 14 | (C) Food scrap, livestock waste, crop residue, | ||||||
| 15 | uncontaminated wood waste, paper waste, and compost | ||||||
| 16 | must not be placed within 5 feet of the water table. | ||||||
| 17 | (D) The site or facility must meet all of the | ||||||
| 18 | requirements of the Wild and Scenic Rivers Act (16 | ||||||
| 19 | U.S.C. 1271 et seq.). | ||||||
| 20 | (E) The site or facility must not (i) restrict the | ||||||
| 21 | flow of a 100-year flood, (ii) result in washout of | ||||||
| 22 | food scrap, livestock waste, crop residue, | ||||||
| 23 | uncontaminated wood waste, or paper waste from a | ||||||
| 24 | 100-year flood, or (iii) reduce the temporary water | ||||||
| 25 | storage capacity of the 100-year floodplain, unless | ||||||
| 26 | measures are undertaken to provide alternative storage | ||||||
| |||||||
| |||||||
| 1 | capacity, such as by providing lagoons, holding tanks, | ||||||
| 2 | or drainage around structures at the facility. | ||||||
| 3 | (F) The site or facility must not be located in any | ||||||
| 4 | area where it may pose a threat of harm or destruction | ||||||
| 5 | to the features for which: | ||||||
| 6 | (i) an irreplaceable historic or | ||||||
| 7 | archaeological site has been listed under the | ||||||
| 8 | National Historic Preservation Act (16 U.S.C. 470 | ||||||
| 9 | et seq.) or the Illinois Historic Preservation | ||||||
| 10 | Act; | ||||||
| 11 | (ii) a natural landmark has been designated by | ||||||
| 12 | the National Park Service or the Illinois State | ||||||
| 13 | Historic Preservation Office; or | ||||||
| 14 | (iii) a natural area has been designated as a | ||||||
| 15 | Dedicated Illinois Nature Preserve under the | ||||||
| 16 | Illinois Natural Areas Preservation Act. | ||||||
| 17 | (G) The site or facility must not be located in an | ||||||
| 18 | area where it may jeopardize the continued existence of | ||||||
| 19 | any designated endangered species, result in the | ||||||
| 20 | destruction or adverse modification of the critical | ||||||
| 21 | habitat for such species, or cause or contribute to the | ||||||
| 22 | taking of any endangered or threatened species of | ||||||
| 23 | plant, fish, or wildlife listed under the Endangered | ||||||
| 24 | Species Act (16 U.S.C. 1531 et seq.) or the Illinois | ||||||
| 25 | Endangered Species Protection Act; | ||||||
| 26 | (20) the portion of a site or facility that is located | ||||||
| |||||||
| |||||||
| 1 | entirely within a home rule unit having a population of no | ||||||
| 2 | less than 120,000 and no more than 135,000, according to | ||||||
| 3 | the 2000 federal census, and that meets all of the | ||||||
| 4 | following requirements: | ||||||
| 5 | (i) the portion of the site or facility is used | ||||||
| 6 | exclusively to perform testing of a thermochemical | ||||||
| 7 | conversion technology using only woody biomass, | ||||||
| 8 | collected as landscape waste within the boundaries of | ||||||
| 9 | the home rule unit, as the hydrocarbon feedstock for | ||||||
| 10 | the production of synthetic gas in accordance with | ||||||
| 11 | Section 39.9 of this Act; | ||||||
| 12 | (ii) the portion of the site or facility is in | ||||||
| 13 | compliance with all applicable zoning requirements; | ||||||
| 14 | and | ||||||
| 15 | (iii) a complete application for a demonstration | ||||||
| 16 | permit at the portion of the site or facility has been | ||||||
| 17 | submitted to the Agency in accordance with Section 39.9 | ||||||
| 18 | of this Act within one year after July 27, 2010 (the | ||||||
| 19 | effective date of Public Act 96-1314); | ||||||
| 20 | (21) the portion of a site or facility used to perform | ||||||
| 21 | limited testing of a gasification conversion technology in | ||||||
| 22 | accordance with Section 39.8 of this Act and for which a | ||||||
| 23 | complete permit application has been submitted to the | ||||||
| 24 | Agency prior to one year from April 9, 2010 (the effective | ||||||
| 25 | date of Public Act 96-887);
| ||||||
| 26 | (22) the portion of a site or facility that is used to | ||||||
| |||||||
| |||||||
| 1 | incinerate only pharmaceuticals from residential sources | ||||||
| 2 | that are collected and transported by law enforcement | ||||||
| 3 | agencies under Section 17.9A of this Act; | ||||||
| 4 | (23) the portion of a site or facility: | ||||||
| 5 | (A) that is used exclusively for the transfer of | ||||||
| 6 | commingled landscape waste and food scrap held at the | ||||||
| 7 | site or facility for no longer than 24 hours after | ||||||
| 8 | their receipt; | ||||||
| 9 | (B) that is located entirely within a home rule | ||||||
| 10 | unit having a population of either (i) not less than | ||||||
| 11 | 100,000 and not more than 115,000 according to the 2010 | ||||||
| 12 | federal census or (ii) not less than 5,000 and not more | ||||||
| 13 | than 10,000 according to the 2010 federal census or | ||||||
| 14 | that is located in the unincorporated area of a county | ||||||
| 15 | having a population of not less than 700,000 and not | ||||||
| 16 | more than 705,000 according to the 2010 federal census; | ||||||
| 17 | (C) that is permitted, by the Agency, prior to | ||||||
| 18 | January 1, 2002, for the transfer of landscape waste if | ||||||
| 19 | located in a home rule unit or that is permitted prior | ||||||
| 20 | to January 1, 2008 if located in an unincorporated area | ||||||
| 21 | of a county; and | ||||||
| 22 | (D) for which a permit application is submitted to | ||||||
| 23 | the Agency to modify an existing permit for the | ||||||
| 24 | transfer of landscape waste to also include, on a | ||||||
| 25 | demonstration basis not to exceed 24 months each time a | ||||||
| 26 | permit is issued, the transfer of commingled landscape | ||||||
| |||||||
| |||||||
| 1 | waste and food scrap or for which a permit application | ||||||
| 2 | is submitted to the Agency within 6 months after | ||||||
| 3 | January 1, 2016; and | ||||||
| 4 | (24) the portion of a municipal solid waste landfill | ||||||
| 5 | unit: | ||||||
| 6 | (A) that is located in a county having a population | ||||||
| 7 | of not less than 55,000 and not more than 60,000 | ||||||
| 8 | according to the 2010 federal census; | ||||||
| 9 | (B) that is owned by that county; | ||||||
| 10 | (C) that is permitted, by the Agency, prior to July | ||||||
| 11 | 10, 2015 (the effective date of Public Act 99-12) this | ||||||
| 12 | amendatory Act of the 99th General Assembly; and | ||||||
| 13 | (D) for which a permit application is submitted to | ||||||
| 14 | the Agency within 6 months after July 10, 2015 (the | ||||||
| 15 | effective date of Public Act 99-12) this amendatory Act | ||||||
| 16 | of the 99th General Assembly for the disposal of | ||||||
| 17 | non-hazardous special waste. | ||||||
| 18 | (b) A new pollution control facility is:
| ||||||
| 19 | (1) a pollution control facility initially permitted | ||||||
| 20 | for development or
construction after July 1, 1981; or
| ||||||
| 21 | (2) the area of expansion beyond the boundary of a | ||||||
| 22 | currently permitted
pollution control facility; or
| ||||||
| 23 | (3) a permitted pollution control facility requesting | ||||||
| 24 | approval to
store, dispose of, transfer or incinerate, for | ||||||
| 25 | the first time, any special
or hazardous waste.
| ||||||
| 26 | (Source: P.A. 98-146, eff. 1-1-14; 98-239, eff. 8-9-13; 98-756, | ||||||
| |||||||
| |||||||
| 1 | eff. 7-16-14; 98-1130, eff. 1-1-15; 99-12, eff. 7-10-15; | ||||||
| 2 | 99-440, eff. 8-21-15; revised 10-20-15.)
| ||||||
| 3 | (415 ILCS 5/22.55) | ||||||
| 4 | Sec. 22.55. Household Waste Drop-off Points. | ||||||
| 5 | (a) Findings; Purpose and Intent. | ||||||
| 6 | (1) The General Assembly finds that protection of human | ||||||
| 7 | health and the environment can be enhanced if certain | ||||||
| 8 | commonly generated household wastes are managed separately | ||||||
| 9 | from the general household waste stream. | ||||||
| 10 | (2) The purpose of this Section is to provide, to the | ||||||
| 11 | extent allowed under federal law, a method for managing | ||||||
| 12 | certain types of household waste separately from the | ||||||
| 13 | general household waste stream. | ||||||
| 14 | (b) Definitions. For the purposes of this Section: | ||||||
| 15 | "Compostable waste" means household waste that is
| ||||||
| 16 | source-separated food scrap, household waste that is
| ||||||
| 17 | source-separated landscape waste, or a mixture of both. | ||||||
| 18 | "Controlled substance" means a controlled substance as | ||||||
| 19 | defined in the Illinois Controlled Substances Act. | ||||||
| 20 | "Household waste" means waste generated from a single | ||||||
| 21 | residence or multiple residences. | ||||||
| 22 | "Household waste drop-off point" means the portion of a | ||||||
| 23 | site or facility used solely for the receipt and temporary | ||||||
| 24 | storage of household waste. | ||||||
| 25 | "One-day compostable waste collection event" means a
| ||||||
| |||||||
| |||||||
| 1 | household waste drop-off point approved by a county or
| ||||||
| 2 | municipality under subsection (d-5) of this Section. | ||||||
| 3 | "One-day household waste collection event" means a | ||||||
| 4 | household waste drop-off point approved by the Agency under | ||||||
| 5 | subsection (d) of this Section. | ||||||
| 6 | "Permanent compostable waste collection point" means a | ||||||
| 7 | household waste drop-off point approved by a county or | ||||||
| 8 | municipality under subsection (d-6) of this Section. | ||||||
| 9 | "Personal care product" means an item other than a | ||||||
| 10 | pharmaceutical product that is consumed or applied by an | ||||||
| 11 | individual for personal health, hygiene, or cosmetic | ||||||
| 12 | reasons. Personal care products include, but are not | ||||||
| 13 | limited to, items used in bathing, dressing, or grooming. | ||||||
| 14 | "Pharmaceutical product" means medicine or a product | ||||||
| 15 | containing medicine. A pharmaceutical product may be sold | ||||||
| 16 | by prescription or over the counter. "Pharmaceutical | ||||||
| 17 | product" does not include medicine that contains a | ||||||
| 18 | radioactive component or a product that contains a | ||||||
| 19 | radioactive component. | ||||||
| 20 | "Recycling coordinator" means the person designated by | ||||||
| 21 | each county waste management plan to administer the county | ||||||
| 22 | recycling program, as set forth in the Solid Waste | ||||||
| 23 | Management Act. | ||||||
| 24 | (c) Except as otherwise provided in Agency rules, the | ||||||
| 25 | following requirements apply to each household waste drop-off | ||||||
| 26 | point, other than a one-day household waste collection event, | ||||||
| |||||||
| |||||||
| 1 | one-day compostable waste collection event, or permanent | ||||||
| 2 | compostable waste collection point: | ||||||
| 3 | (1) A household waste drop-off point must not accept | ||||||
| 4 | waste other than the following types of household waste: | ||||||
| 5 | pharmaceutical products, personal care products, batteries | ||||||
| 6 | other than lead-acid batteries, paints, automotive fluids, | ||||||
| 7 | compact fluorescent lightbulbs, mercury thermometers, and | ||||||
| 8 | mercury thermostats. A household waste drop-off point may | ||||||
| 9 | accept controlled substances in accordance with federal | ||||||
| 10 | law. | ||||||
| 11 | (2) Except as provided in subdivision (c)(2) of this | ||||||
| 12 | Section, household waste drop-off points must be located at | ||||||
| 13 | a site or facility where the types of products accepted at | ||||||
| 14 | the household waste drop-off point are lawfully sold, | ||||||
| 15 | distributed, or dispensed. For example, household waste | ||||||
| 16 | drop-off points that accept prescription pharmaceutical | ||||||
| 17 | products must be located at a site or facility where | ||||||
| 18 | prescription pharmaceutical products are sold, | ||||||
| 19 | distributed, or dispensed. | ||||||
| 20 | (A) Subdivision (c)(2) of this Section does not | ||||||
| 21 | apply to household waste drop-off points operated by a | ||||||
| 22 | government or school entity, or by an association or | ||||||
| 23 | other organization of government or school entities. | ||||||
| 24 | (B) Household waste drop-off points that accept | ||||||
| 25 | mercury thermometers can be located at any site or | ||||||
| 26 | facility where non-mercury thermometers are sold, | ||||||
| |||||||
| |||||||
| 1 | distributed, or dispensed. | ||||||
| 2 | (C) Household waste drop-off points that accept | ||||||
| 3 | mercury thermostats can be located at any site or | ||||||
| 4 | facility where non-mercury thermostats are sold, | ||||||
| 5 | distributed, or dispensed. | ||||||
| 6 | (3) The location of acceptance for each type of waste | ||||||
| 7 | accepted at the household waste drop-off point must be | ||||||
| 8 | clearly identified. Locations where pharmaceutical | ||||||
| 9 | products are accepted must also include a copy of the sign | ||||||
| 10 | required under subsection (j) of this Section. | ||||||
| 11 | (4) Household waste must be accepted only from private | ||||||
| 12 | individuals. Waste must not be accepted from other persons, | ||||||
| 13 | including, but not limited to, owners and operators of | ||||||
| 14 | rented or leased residences where the household waste was | ||||||
| 15 | generated, commercial haulers, and other commercial, | ||||||
| 16 | industrial, agricultural, and government operations or | ||||||
| 17 | entities. | ||||||
| 18 | (5) If more than one type of household waste is | ||||||
| 19 | accepted, each type of household waste must be managed | ||||||
| 20 | separately prior to its packaging for off-site transfer. | ||||||
| 21 | (6) Household waste must not be stored for longer than | ||||||
| 22 | 90 days after its receipt, except as otherwise approved by | ||||||
| 23 | the Agency in writing. | ||||||
| 24 | (7) Household waste must be managed in a manner that | ||||||
| 25 | protects against releases of the waste, prevents | ||||||
| 26 | nuisances, and otherwise protects human health and the | ||||||
| |||||||
| |||||||
| 1 | environment. Household waste must also be properly secured | ||||||
| 2 | to prevent unauthorized public access to the waste, | ||||||
| 3 | including, but not limited to, preventing access to the | ||||||
| 4 | waste during the non-business hours of the site or facility | ||||||
| 5 | on which the household waste drop-off point is located. | ||||||
| 6 | Containers in which pharmaceutical products are collected | ||||||
| 7 | must be clearly marked "No Controlled Substances", unless | ||||||
| 8 | the household waste drop-off point accepts controlled | ||||||
| 9 | substances in accordance with federal law. | ||||||
| 10 | (8) Management of the household waste must be limited | ||||||
| 11 | to the following: (i) acceptance of the waste, (ii) | ||||||
| 12 | temporary storage of the waste prior to transfer, and (iii) | ||||||
| 13 | off-site transfer of the waste and packaging for off-site | ||||||
| 14 | transfer. | ||||||
| 15 | (9) Off-site transfer of the household waste must | ||||||
| 16 | comply with federal and State laws and regulations. | ||||||
| 17 | (d) One-day household waste collection events. To further | ||||||
| 18 | aid in the collection of certain household wastes, the Agency | ||||||
| 19 | may approve the operation of one-day household waste collection | ||||||
| 20 | events. The Agency shall not approve a one-day household waste | ||||||
| 21 | collection event at the same site or facility for more than one | ||||||
| 22 | day each calendar quarter. Requests for approval must be | ||||||
| 23 | submitted on forms prescribed by the Agency. The Agency must | ||||||
| 24 | issue its approval in writing, and it may impose conditions as | ||||||
| 25 | necessary to protect human health and the environment and to | ||||||
| 26 | otherwise accomplish the purposes of this Act. One-day | ||||||
| |||||||
| |||||||
| 1 | household waste collection events must be operated in | ||||||
| 2 | accordance with the Agency's approval, including all | ||||||
| 3 | conditions contained in the approval. The following | ||||||
| 4 | requirements apply to all one-day household waste collection | ||||||
| 5 | events, in addition to the conditions contained in the Agency's | ||||||
| 6 | approval: | ||||||
| 7 | (1) Waste accepted at the event must be limited to | ||||||
| 8 | household waste and must not include garbage, landscape | ||||||
| 9 | waste, or other waste excluded by the Agency in the | ||||||
| 10 | Agency's approval or any conditions contained in the | ||||||
| 11 | approval. A one-day household waste collection event may | ||||||
| 12 | accept controlled substances in accordance with federal | ||||||
| 13 | law. | ||||||
| 14 | (2) Household waste must be accepted only from private | ||||||
| 15 | individuals. Waste must not be accepted from other persons, | ||||||
| 16 | including, but not limited to, owners and operators of | ||||||
| 17 | rented or leased residences where the household waste was | ||||||
| 18 | generated, commercial haulers, and other commercial, | ||||||
| 19 | industrial, agricultural, and government operations or | ||||||
| 20 | entities. | ||||||
| 21 | (3) Household waste must be managed in a manner that | ||||||
| 22 | protects against releases of the waste, prevents | ||||||
| 23 | nuisances, and otherwise protects human health and the | ||||||
| 24 | environment. Household waste must also be properly secured | ||||||
| 25 | to prevent public access to the waste, including, but not | ||||||
| 26 | limited to, preventing access to the waste during the | ||||||
| |||||||
| |||||||
| 1 | event's non-business hours. | ||||||
| 2 | (4) Management of the household waste must be limited | ||||||
| 3 | to the following: (i) acceptance of the waste, (ii) | ||||||
| 4 | temporary storage of the waste before transfer, and (iii) | ||||||
| 5 | off-site transfer of the waste or packaging for off-site | ||||||
| 6 | transfer. | ||||||
| 7 | (5) Except as otherwise approved by the Agency, all | ||||||
| 8 | household waste received at the collection event must be | ||||||
| 9 | transferred off-site by the end of the day following the | ||||||
| 10 | collection event. | ||||||
| 11 | (6) The transfer and ultimate disposition of household | ||||||
| 12 | waste received at the collection event must comply with the | ||||||
| 13 | Agency's approval, including all conditions contained in | ||||||
| 14 | the approval. | ||||||
| 15 | (d-5) One-day compostable waste collection event. To | ||||||
| 16 | further aid in the collection and composting of compostable | ||||||
| 17 | waste, as defined in subsection (b), a municipality may approve | ||||||
| 18 | the operation of one-day compostable waste collection events at | ||||||
| 19 | any site or facility within its territorial jurisdiction, and a | ||||||
| 20 | county may approve the operation of one-day compostable waste | ||||||
| 21 | collection events at any site or facility in any unincorporated | ||||||
| 22 | area within its territorial jurisdiction. The approval granted | ||||||
| 23 | under this subsection (d-5) must be in writing; must specify | ||||||
| 24 | the date, location, and time of the event; and must list the | ||||||
| 25 | types of compostable waste that will be collected at the event. | ||||||
| 26 | If the one-day compostable waste collection event is to be | ||||||
| |||||||
| |||||||
| 1 | operated at a location within a county with a population of | ||||||
| 2 | more than 400,000 but less than 2,000,000 inhabitants, | ||||||
| 3 | according to the 2010 decennial census, then the operator of | ||||||
| 4 | the event shall, at least 30 days before the event, provide a | ||||||
| 5 | copy of the approval to the recycling coordinator designated by | ||||||
| 6 | that county. The approval granted under this subsection (d-5) | ||||||
| 7 | may include conditions imposed by the county or municipality as | ||||||
| 8 | necessary to protect public health and prevent odors, vectors, | ||||||
| 9 | and other nuisances. A one-day compostable waste collection | ||||||
| 10 | event approved under this subsection (d-5) must be operated in | ||||||
| 11 | accordance with the approval, including all conditions | ||||||
| 12 | contained in the approval. The following requirements shall | ||||||
| 13 | apply to the one-day compostable waste collection event, in | ||||||
| 14 | addition to the conditions contained in the approval: | ||||||
| 15 | (1) Waste accepted at the event must be limited to the | ||||||
| 16 | types of compostable waste authorized to be accepted under | ||||||
| 17 | the approval. | ||||||
| 18 | (2) Information promoting the event and signs at the | ||||||
| 19 | event must clearly indicate the types of compostable waste | ||||||
| 20 | approved for collection. To discourage the receipt of other | ||||||
| 21 | waste, information promoting the event and signs at the | ||||||
| 22 | event must also include: | ||||||
| 23 | (A) examples of compostable waste being collected; | ||||||
| 24 | and | ||||||
| 25 | (B) examples of waste that is not being collected. | ||||||
| 26 | (3) Compostable waste must be accepted only from | ||||||
| |||||||
| |||||||
| 1 | private individuals. It may not be accepted from other | ||||||
| 2 | persons, including, but not limited to, owners and | ||||||
| 3 | operators of rented or leased residences where it was | ||||||
| 4 | generated, commercial haulers, and other commercial, | ||||||
| 5 | industrial, agricultural, and government operations or | ||||||
| 6 | entities. | ||||||
| 7 | (4) Compostable waste must be managed in a manner that | ||||||
| 8 | protects against releases of the waste, prevents | ||||||
| 9 | nuisances, and otherwise protects human health and the | ||||||
| 10 | environment. Compostable waste must be properly secured to | ||||||
| 11 | prevent it from being accessed by the public at any time, | ||||||
| 12 | including, but not limited to, during the collection | ||||||
| 13 | event's non-operating hours. One-day compostable waste | ||||||
| 14 | collection events must be adequately supervised during | ||||||
| 15 | their operating hours. | ||||||
| 16 | (5) Compostable waste must be secured in non-porous, | ||||||
| 17 | rigid, leak-proof containers that: | ||||||
| 18 | (A) are covered, except when the compostable waste | ||||||
| 19 | is being added to or removed from the containers or it | ||||||
| 20 | is otherwise necessary to access the compostable | ||||||
| 21 | waste; | ||||||
| 22 | (B) prevent precipitation from draining through | ||||||
| 23 | the compostable waste; | ||||||
| 24 | (C) prevent dispersion of the compostable waste by | ||||||
| 25 | wind; | ||||||
| 26 | (D) contain spills or releases that could create | ||||||
| |||||||
| |||||||
| 1 | nuisances or otherwise harm human health or the | ||||||
| 2 | environment; | ||||||
| 3 | (E) limit access to the compostable waste by | ||||||
| 4 | vectors; | ||||||
| 5 | (F) control odors and other nuisances; and | ||||||
| 6 | (G) provide for storage, removal, and off-site | ||||||
| 7 | transfer of the compostable waste in a manner that | ||||||
| 8 | protects its ability to be composted. | ||||||
| 9 | (6) No more than a total of 40 cubic yards of | ||||||
| 10 | compostable waste shall be located at the collection site | ||||||
| 11 | at any one time. | ||||||
| 12 | (7) Management of the compostable waste must be limited | ||||||
| 13 | to the following: (A) acceptance, (B) temporary storage | ||||||
| 14 | before transfer, and (C) off-site transfer. | ||||||
| 15 | (8) All compostable waste received at the event must be | ||||||
| 16 | transferred off-site to a permitted compost facility by no | ||||||
| 17 | later than 48 hours after the event ends or by the end of | ||||||
| 18 | the first business day after the event ends, whichever is | ||||||
| 19 | sooner. | ||||||
| 20 | (9) If waste other than compostable waste is received | ||||||
| 21 | at the event, then that waste must be disposed of within 48 | ||||||
| 22 | hours after the event ends or by the end of the first | ||||||
| 23 | business day after the event ends, whichever is sooner. | ||||||
| 24 | (d-6) Permanent compostable waste collection points. To | ||||||
| 25 | further aid in the collection and composting of compostable | ||||||
| 26 | waste, as defined in subsection (b), a municipality may approve | ||||||
| |||||||
| |||||||
| 1 | the operation of permanent compostable waste collection points | ||||||
| 2 | at any site or facility within its territorial jurisdiction, | ||||||
| 3 | and a county may approve the operation of permanent compostable | ||||||
| 4 | waste collection points at any site or facility in any | ||||||
| 5 | unincorporated area within its territorial jurisdiction. The | ||||||
| 6 | approval granted pursuant to this subsection (d-6) must be in | ||||||
| 7 | writing; must specify the location, operating days, and | ||||||
| 8 | operating hours of the collection point; must list the types of | ||||||
| 9 | compostable waste that will be collected at the collection | ||||||
| 10 | point; and must specify a term of not more than 365 calendar | ||||||
| 11 | days during which the approval will be effective. In addition, | ||||||
| 12 | if the permanent compostable waste collection point is to be | ||||||
| 13 | operated at a location within a county with a population of | ||||||
| 14 | more than 400,000 but less than 2,000,000 inhabitants, | ||||||
| 15 | according to the 2010 federal decennial census, then the | ||||||
| 16 | operator of the collection point shall, at least 30 days before | ||||||
| 17 | the collection point begins operation, provide a copy of the | ||||||
| 18 | approval to the recycling coordinator designated by that | ||||||
| 19 | county. The approval may include conditions imposed by the | ||||||
| 20 | county or municipality as necessary to protect public health | ||||||
| 21 | and prevent odors, vectors, and other nuisances. A permanent | ||||||
| 22 | compostable waste collection point approved pursuant to this | ||||||
| 23 | subsection (d-6) must be operated in accordance with the | ||||||
| 24 | approval, including all conditions contained in the approval. | ||||||
| 25 | The following requirements apply to the permanent compostable | ||||||
| 26 | waste collection point, in addition to the conditions contained | ||||||
| |||||||
| |||||||
| 1 | in the approval: | ||||||
| 2 | (1) Waste accepted at the collection point must be | ||||||
| 3 | limited to the types of compostable waste authorized to be | ||||||
| 4 | accepted under the approval. | ||||||
| 5 | (2) Information promoting the collection point and | ||||||
| 6 | signs at the collection point must clearly indicate the | ||||||
| 7 | types of compostable waste approved for collection. To | ||||||
| 8 | discourage the receipt of other waste, information | ||||||
| 9 | promoting the collection point and signs at the collection | ||||||
| 10 | point must also include (A) examples of compostable waste | ||||||
| 11 | being collected and (B) examples of waste that is not being | ||||||
| 12 | collected. | ||||||
| 13 | (3) Compostable waste must be accepted only from | ||||||
| 14 | private individuals. It may not be accepted from other | ||||||
| 15 | persons, including, but not limited to, owners and | ||||||
| 16 | operators of rented or leased residences where it was | ||||||
| 17 | generated, commercial haulers, and other commercial, | ||||||
| 18 | industrial, agricultural, and government operations or | ||||||
| 19 | entities. | ||||||
| 20 | (4) Compostable waste must be managed in a manner that | ||||||
| 21 | protects against releases of the waste, prevents | ||||||
| 22 | nuisances, and otherwise protects human health and the | ||||||
| 23 | environment. Compostable waste must be properly secured to | ||||||
| 24 | prevent it from being accessed by the public at any time, | ||||||
| 25 | including, but not limited to, during the collection | ||||||
| 26 | point's non-operating hours. Permanent compostable waste | ||||||
| |||||||
| |||||||
| 1 | collection points must be adequately supervised during | ||||||
| 2 | their operating hours. | ||||||
| 3 | (5) Compostable waste must be secured in non-porous, | ||||||
| 4 | rigid, leak-proof containers that: | ||||||
| 5 | (A) are no larger than 10 cubic yards in size; | ||||||
| 6 | (B) are covered, except when the compostable waste | ||||||
| 7 | is being added to or removed from the container or it | ||||||
| 8 | is otherwise necessary to access the compostable | ||||||
| 9 | waste; | ||||||
| 10 | (C) prevent precipitation from draining through | ||||||
| 11 | the compostable waste; | ||||||
| 12 | (D) prevent dispersion of the compostable waste by | ||||||
| 13 | wind; | ||||||
| 14 | (E) contain spills or releases that could create | ||||||
| 15 | nuisances or otherwise harm human health or the | ||||||
| 16 | environment; | ||||||
| 17 | (F) limit access to the compostable waste by | ||||||
| 18 | vectors; | ||||||
| 19 | (G) control odors and other nuisances; and | ||||||
| 20 | (H) provide for storage, removal, and off-site | ||||||
| 21 | transfer of the compostable waste in a manner that | ||||||
| 22 | protects its ability to be composted. | ||||||
| 23 | (6) No more than a total of 10 cubic yards of | ||||||
| 24 | compostable waste shall be located at the permanent | ||||||
| 25 | compostable waste collection site at any one time. | ||||||
| 26 | (7) Management of the compostable waste must be limited | ||||||
| |||||||
| |||||||
| 1 | to the following: (A) acceptance, (B) temporary storage | ||||||
| 2 | before transfer, and (C) off-site transfer. | ||||||
| 3 | (8) All compostable waste received at the permanent | ||||||
| 4 | compostable waste collection point must be transferred | ||||||
| 5 | off-site to a permitted compost facility not less | ||||||
| 6 | frequently than once every 7 days. | ||||||
| 7 | (9) If a permanent compostable waste collection point | ||||||
| 8 | receives waste other than compostable waste, then that | ||||||
| 9 | waste must be disposed of not less frequently than once | ||||||
| 10 | every 7 days. | ||||||
| 11 | (e) The Agency may adopt rules governing the operation of | ||||||
| 12 | household waste drop-off points, other than one-day household | ||||||
| 13 | waste collection events, one-day compostable waste collection | ||||||
| 14 | events, and permanent compostable waste collection points. | ||||||
| 15 | Those rules must be designed to protect against releases of | ||||||
| 16 | waste to the environment, prevent nuisances, and otherwise | ||||||
| 17 | protect human health and the environment. As necessary to | ||||||
| 18 | address different circumstances, the regulations may contain | ||||||
| 19 | different requirements for different types of household waste | ||||||
| 20 | and different types of household waste drop-off points, and the | ||||||
| 21 | regulations may modify the requirements set forth in subsection | ||||||
| 22 | (c) of this Section. The regulations may include, but are not | ||||||
| 23 | limited to, the following: (i) identification of additional | ||||||
| 24 | types of household waste that can be collected at household | ||||||
| 25 | waste drop-off points, (ii) identification of the different | ||||||
| 26 | types of household wastes that can be received at different | ||||||
| |||||||
| |||||||
| 1 | household waste drop-off points, (iii) the maximum amounts of | ||||||
| 2 | each type of household waste that can be stored at household | ||||||
| 3 | waste drop-off points at any one time, and (iv) the maximum | ||||||
| 4 | time periods each type of household waste can be stored at | ||||||
| 5 | household waste drop-off points. | ||||||
| 6 | (f) Prohibitions. | ||||||
| 7 | (1) Except as authorized in a permit issued by the | ||||||
| 8 | Agency, no person shall cause or allow the operation of a | ||||||
| 9 | household waste drop-off point, other than a one-day | ||||||
| 10 | household waste collection event, one-day compostable | ||||||
| 11 | waste collection event, or permanent compostable waste | ||||||
| 12 | collection point, in violation of this Section or any | ||||||
| 13 | regulations adopted under this Section. | ||||||
| 14 | (2) No person shall cause or allow the operation of a | ||||||
| 15 | one-day household waste collection event in violation of | ||||||
| 16 | this Section or the Agency's approval issued under | ||||||
| 17 | subsection (d) of this Section, including all conditions | ||||||
| 18 | contained in the approval. | ||||||
| 19 | (3) No person shall cause or allow the operation of a | ||||||
| 20 | one-day compostable waste collection event in violation of | ||||||
| 21 | this Section or the approval issued for the one-day | ||||||
| 22 | compostable waste collection event under subsection (d-5) | ||||||
| 23 | of this Section, including all conditions contained in the | ||||||
| 24 | approval. | ||||||
| 25 | (4) No person shall cause or allow the operation of a | ||||||
| 26 | permanent compostable waste collection event in violation | ||||||
| |||||||
| |||||||
| 1 | of this Section or the approval issued for the permanent | ||||||
| 2 | compostable waste collection point under subsection (d-6) | ||||||
| 3 | of this Section, including all conditions contained in the | ||||||
| 4 | approval. | ||||||
| 5 | (g) Permit exemptions. | ||||||
| 6 | (1) No permit is required under subdivision (d)(1) of | ||||||
| 7 | Section 21 of this Act for the operation of a household | ||||||
| 8 | waste drop-off point, other than a one-day household waste | ||||||
| 9 | collection event, one-day compostable waste collection | ||||||
| 10 | event, or permanent compostable waste collection point, if | ||||||
| 11 | the household waste drop-off point is operated in | ||||||
| 12 | accordance with this Section and all regulations adopted | ||||||
| 13 | under this Section. | ||||||
| 14 | (2) No permit is required under subdivision (d)(1) of | ||||||
| 15 | Section 21 of this Act for the operation of a one-day | ||||||
| 16 | household waste collection event if the event is operated | ||||||
| 17 | in accordance with this Section and the Agency's approval | ||||||
| 18 | issued under subsection (d) of this Section, including all | ||||||
| 19 | conditions contained in the approval, or for the operation | ||||||
| 20 | of a household waste collection event by the Agency. | ||||||
| 21 | (3) No permit is required under paragraph (1) of | ||||||
| 22 | subsection (d) of
Section 21 of this Act for the operation | ||||||
| 23 | of a one-day compostable waste collection event if the | ||||||
| 24 | compostable waste collection event is operated in | ||||||
| 25 | accordance with this Section and the approval issued for | ||||||
| 26 | the compostable waste collection point under subsection | ||||||
| |||||||
| |||||||
| 1 | (d-5) of this Section, including all conditions contained | ||||||
| 2 | in the approval. | ||||||
| 3 | (4) No permit is required under paragraph (1) of | ||||||
| 4 | subsection (d) of Section 21 of this Act for the operation | ||||||
| 5 | of a permanent compostable waste collection point if the | ||||||
| 6 | collection point is operated in accordance with this | ||||||
| 7 | Section and the approval issued for the compostable waste | ||||||
| 8 | collection event under subsection (d-6) of this Section, | ||||||
| 9 | including all conditions contained in the approval. | ||||||
| 10 | (h) This Section does not apply to the following: | ||||||
| 11 | (1) Persons accepting household waste that they are | ||||||
| 12 | authorized to accept under a permit issued by the Agency. | ||||||
| 13 | (2) Sites or facilities operated pursuant to an | ||||||
| 14 | intergovernmental agreement entered into with the Agency | ||||||
| 15 | under Section 22.16b(d) of this Act. | ||||||
| 16 | (i) The Agency, in consultation with the Department of | ||||||
| 17 | Public Health, must develop and implement a public information | ||||||
| 18 | program regarding household waste drop-off points that accept | ||||||
| 19 | pharmaceutical products, as well as mail-back programs | ||||||
| 20 | authorized under federal law. | ||||||
| 21 | (j) The Agency must develop a sign that provides | ||||||
| 22 | information on the proper disposal of unused pharmaceutical | ||||||
| 23 | products. The sign shall include information on approved | ||||||
| 24 | drop-off sites or list a website where updated information on | ||||||
| 25 | drop-off sites can be accessed. The sign shall also include | ||||||
| 26 | information on mail-back programs and self-disposal. The | ||||||
| |||||||
| |||||||
| 1 | Agency shall make a copy of the sign available for downloading | ||||||
| 2 | from its website. Every pharmacy shall display the sign in the | ||||||
| 3 | area where medications are dispensed and shall also display any | ||||||
| 4 | signs the Agency develops regarding local take-back programs or | ||||||
| 5 | household waste collection events. These signs shall be no | ||||||
| 6 | larger than 8.5 inches by 11 inches. | ||||||
| 7 | (k) If an entity chooses to participate as a household | ||||||
| 8 | waste drop-off point, then it must follow the provisions of | ||||||
| 9 | this Section and any rules the Agency may adopt governing | ||||||
| 10 | household waste drop-off points.
| ||||||
| 11 | (l) The Agency shall establish, by rule, a statewide | ||||||
| 12 | medication take-back program by June 1, 2016 to ensure that | ||||||
| 13 | there are pharmaceutical product disposal options regularly | ||||||
| 14 | available for residents across the State. No private entity may | ||||||
| 15 | be compelled to serve as or fund a take-back location or | ||||||
| 16 | program. Medications collected and disposed of under the | ||||||
| 17 | program shall include controlled substances approved for | ||||||
| 18 | collection by federal law. All medications collected and | ||||||
| 19 | disposed of under the program must be managed in accordance | ||||||
| 20 | with all applicable federal and State laws and regulations. The | ||||||
| 21 | Agency shall issue a report to the General Assembly by June 1, | ||||||
| 22 | 2019 detailing the amount of pharmaceutical products annually | ||||||
| 23 | collected under the program, as well as any legislative | ||||||
| 24 | recommendations. | ||||||
| 25 | (Source: P.A. 99-11, eff. 7-10-15; 99-480, eff. 9-9-15; revised | ||||||
| 26 | 10-20-15.)
| ||||||
| |||||||
| |||||||
| 1 | (415 ILCS 5/39) (from Ch. 111 1/2, par. 1039)
| ||||||
| 2 | Sec. 39. Issuance of permits; procedures.
| ||||||
| 3 | (a) When the Board has by regulation required a permit for
| ||||||
| 4 | the construction, installation, or operation of any type of | ||||||
| 5 | facility,
equipment, vehicle, vessel, or aircraft, the | ||||||
| 6 | applicant shall apply to
the Agency for such permit and it | ||||||
| 7 | shall be the duty of the Agency to
issue such a permit upon | ||||||
| 8 | proof by the applicant that the facility,
equipment, vehicle, | ||||||
| 9 | vessel, or aircraft will not cause a violation of
this Act or | ||||||
| 10 | of regulations hereunder. The Agency shall adopt such
| ||||||
| 11 | procedures as are necessary to carry out its duties under this | ||||||
| 12 | Section.
In making its determinations on permit applications | ||||||
| 13 | under this Section the Agency may consider prior adjudications | ||||||
| 14 | of
noncompliance with this Act by the applicant that involved a | ||||||
| 15 | release of a
contaminant into the environment. In granting | ||||||
| 16 | permits, the Agency
may impose reasonable conditions | ||||||
| 17 | specifically related to the applicant's past
compliance | ||||||
| 18 | history with this Act as necessary to correct, detect, or
| ||||||
| 19 | prevent noncompliance. The Agency may impose such other | ||||||
| 20 | conditions
as may be necessary to accomplish the purposes of | ||||||
| 21 | this Act, and as are not
inconsistent with the regulations | ||||||
| 22 | promulgated by the Board hereunder. Except as
otherwise | ||||||
| 23 | provided in this Act, a bond or other security shall not be | ||||||
| 24 | required
as a condition for the issuance of a permit. If the | ||||||
| 25 | Agency denies any permit
under this Section, the Agency shall | ||||||
| |||||||
| |||||||
| 1 | transmit to the applicant within the time
limitations of this | ||||||
| 2 | Section specific, detailed statements as to the reasons the
| ||||||
| 3 | permit application was denied. Such statements shall include, | ||||||
| 4 | but not be
limited to the following:
| ||||||
| 5 | (i) the Sections of this Act which may be violated if | ||||||
| 6 | the permit
were granted;
| ||||||
| 7 | (ii) the provision of the regulations, promulgated | ||||||
| 8 | under this Act,
which may be violated if the permit were | ||||||
| 9 | granted;
| ||||||
| 10 | (iii) the specific type of information, if any, which | ||||||
| 11 | the Agency
deems the applicant did not provide the Agency; | ||||||
| 12 | and
| ||||||
| 13 | (iv) a statement of specific reasons why the Act and | ||||||
| 14 | the regulations
might not be met if the permit were | ||||||
| 15 | granted.
| ||||||
| 16 | If there is no final action by the Agency within 90 days | ||||||
| 17 | after the
filing of the application for permit, the applicant | ||||||
| 18 | may deem the permit
issued; except that this time period shall | ||||||
| 19 | be extended to 180 days when
(1) notice and opportunity for | ||||||
| 20 | public hearing are required by State or
federal law or | ||||||
| 21 | regulation, (2) the application which was filed is for
any | ||||||
| 22 | permit to develop a landfill subject to issuance pursuant to | ||||||
| 23 | this
subsection, or (3) the application that was filed is for a | ||||||
| 24 | MSWLF unit
required to issue public notice under subsection (p) | ||||||
| 25 | of Section 39. The
90-day and 180-day time periods for the | ||||||
| 26 | Agency to take final action do not
apply to NPDES permit | ||||||
| |||||||
| |||||||
| 1 | applications under subsection (b) of this Section,
to RCRA | ||||||
| 2 | permit applications under subsection (d) of this Section, or
to | ||||||
| 3 | UIC permit applications under subsection (e) of this Section.
| ||||||
| 4 | The Agency shall publish notice of all final permit | ||||||
| 5 | determinations for
development permits for MSWLF units and for | ||||||
| 6 | significant permit modifications
for lateral expansions for | ||||||
| 7 | existing MSWLF units one time in a newspaper of
general | ||||||
| 8 | circulation in the county in which the unit is or is proposed | ||||||
| 9 | to be
located.
| ||||||
| 10 | After January 1, 1994 and until July 1, 1998, operating | ||||||
| 11 | permits issued under
this Section by the
Agency for sources of | ||||||
| 12 | air pollution permitted to emit less than 25 tons
per year of | ||||||
| 13 | any combination of regulated air pollutants, as defined in
| ||||||
| 14 | Section 39.5 of this Act, shall be required to be renewed only | ||||||
| 15 | upon written
request by the Agency consistent with applicable | ||||||
| 16 | provisions of this Act and
regulations promulgated hereunder. | ||||||
| 17 | Such operating permits shall expire
180 days after the date of | ||||||
| 18 | such a request. The Board shall revise its
regulations for the | ||||||
| 19 | existing State air pollution operating permit program
| ||||||
| 20 | consistent with this provision by January 1, 1994.
| ||||||
| 21 | After June 30, 1998, operating permits issued under this | ||||||
| 22 | Section by the
Agency for sources of air pollution that are not | ||||||
| 23 | subject to Section 39.5 of
this Act and are not required to | ||||||
| 24 | have a federally enforceable State operating
permit shall be | ||||||
| 25 | required to be renewed only upon written request by the Agency
| ||||||
| 26 | consistent with applicable provisions of this Act and its | ||||||
| |||||||
| |||||||
| 1 | rules. Such
operating permits shall expire 180 days after the | ||||||
| 2 | date of such a request.
Before July 1, 1998, the Board shall | ||||||
| 3 | revise its rules for the existing State
air pollution operating | ||||||
| 4 | permit program consistent with this paragraph and shall
adopt | ||||||
| 5 | rules that require a source to demonstrate that it qualifies | ||||||
| 6 | for a permit
under this paragraph.
| ||||||
| 7 | (b) The Agency may issue NPDES permits exclusively under | ||||||
| 8 | this
subsection for the discharge of contaminants from point | ||||||
| 9 | sources into
navigable waters, all as defined in the Federal | ||||||
| 10 | Water Pollution Control
Act, as now or hereafter amended, | ||||||
| 11 | within the jurisdiction of the
State, or into any well.
| ||||||
| 12 | All NPDES permits shall contain those terms and conditions, | ||||||
| 13 | including
but not limited to schedules of compliance, which may | ||||||
| 14 | be required to
accomplish the purposes and provisions of this | ||||||
| 15 | Act.
| ||||||
| 16 | The Agency may issue general NPDES permits for discharges | ||||||
| 17 | from categories
of point sources which are subject to the same | ||||||
| 18 | permit limitations and
conditions. Such general permits may be | ||||||
| 19 | issued without individual
applications and shall conform to | ||||||
| 20 | regulations promulgated under Section 402
of the Federal Water | ||||||
| 21 | Pollution Control Act, as now or hereafter amended.
| ||||||
| 22 | The Agency may include, among such conditions, effluent | ||||||
| 23 | limitations
and other requirements established under this Act, | ||||||
| 24 | Board regulations,
the Federal Water Pollution Control Act, as | ||||||
| 25 | now or hereafter amended, and
regulations pursuant thereto, and | ||||||
| 26 | schedules for achieving compliance
therewith at the earliest | ||||||
| |||||||
| |||||||
| 1 | reasonable date.
| ||||||
| 2 | The Agency shall adopt filing requirements and procedures | ||||||
| 3 | which are
necessary and appropriate for the issuance of NPDES | ||||||
| 4 | permits, and which
are consistent with the Act or regulations | ||||||
| 5 | adopted by the Board, and
with the Federal Water Pollution | ||||||
| 6 | Control Act, as now or hereafter
amended, and regulations | ||||||
| 7 | pursuant thereto.
| ||||||
| 8 | The Agency, subject to any conditions which may be | ||||||
| 9 | prescribed by
Board regulations, may issue NPDES permits to | ||||||
| 10 | allow discharges beyond
deadlines established by this Act or by | ||||||
| 11 | regulations of the Board without
the requirement of a variance, | ||||||
| 12 | subject to the Federal Water Pollution
Control Act, as now or | ||||||
| 13 | hereafter amended, and regulations pursuant thereto.
| ||||||
| 14 | (c) Except for those facilities owned or operated by | ||||||
| 15 | sanitary districts
organized under the Metropolitan Water | ||||||
| 16 | Reclamation District Act, no
permit for the development or | ||||||
| 17 | construction of a new pollution control
facility may be granted | ||||||
| 18 | by the Agency unless the applicant submits proof to the
Agency | ||||||
| 19 | that the location of the facility has been approved by the | ||||||
| 20 | County Board
of the county if in an unincorporated area, or the | ||||||
| 21 | governing body of the
municipality when in an incorporated | ||||||
| 22 | area, in which the facility is to be
located in accordance with | ||||||
| 23 | Section 39.2 of this Act. For purposes of this subsection (c), | ||||||
| 24 | and for purposes of Section 39.2 of this Act, the appropriate | ||||||
| 25 | county board or governing body of the municipality shall be the | ||||||
| 26 | county board of the county or the governing body of the | ||||||
| |||||||
| |||||||
| 1 | municipality in which the facility is to be located as of the | ||||||
| 2 | date when the application for siting approval is filed.
| ||||||
| 3 | In the event that siting approval granted pursuant to | ||||||
| 4 | Section 39.2 has
been transferred to a subsequent owner or | ||||||
| 5 | operator, that subsequent owner or
operator may apply to the | ||||||
| 6 | Agency for, and the Agency may grant, a development
or | ||||||
| 7 | construction permit for the facility for which local siting | ||||||
| 8 | approval was
granted. Upon application to the Agency for a | ||||||
| 9 | development or
construction permit by that subsequent owner or | ||||||
| 10 | operator,
the permit applicant shall cause written notice of | ||||||
| 11 | the permit application
to be served upon the appropriate county | ||||||
| 12 | board or governing body of the
municipality that granted siting | ||||||
| 13 | approval for that facility and upon any party
to the siting | ||||||
| 14 | proceeding pursuant to which siting approval was granted. In
| ||||||
| 15 | that event, the Agency shall conduct an evaluation of the | ||||||
| 16 | subsequent owner or
operator's prior experience in waste | ||||||
| 17 | management operations in the manner
conducted under subsection | ||||||
| 18 | (i) of Section 39 of this Act.
| ||||||
| 19 | Beginning August 20, 1993, if the pollution control | ||||||
| 20 | facility consists of a
hazardous or solid waste disposal | ||||||
| 21 | facility for which the proposed site is
located in an | ||||||
| 22 | unincorporated area of a county with a population of less than
| ||||||
| 23 | 100,000 and includes all or a portion of a parcel of land that | ||||||
| 24 | was, on April 1,
1993, adjacent to a municipality having a | ||||||
| 25 | population of less than 5,000, then
the local siting review | ||||||
| 26 | required under this subsection (c) in conjunction with
any | ||||||
| |||||||
| |||||||
| 1 | permit applied for after that date shall be performed by the | ||||||
| 2 | governing body
of that adjacent municipality rather than the | ||||||
| 3 | county board of the county in
which the proposed site is | ||||||
| 4 | located; and for the purposes of that local siting
review, any | ||||||
| 5 | references in this Act to the county board shall be deemed to | ||||||
| 6 | mean
the governing body of that adjacent municipality; | ||||||
| 7 | provided, however, that the
provisions of this paragraph shall | ||||||
| 8 | not apply to any proposed site which was, on
April 1, 1993, | ||||||
| 9 | owned in whole or in part by another municipality.
| ||||||
| 10 | In the case of a pollution control facility for which a
| ||||||
| 11 | development permit was issued before November 12, 1981, if an | ||||||
| 12 | operating
permit has not been issued by the Agency prior to | ||||||
| 13 | August 31, 1989 for
any portion of the facility, then the | ||||||
| 14 | Agency may not issue or renew any
development permit nor issue | ||||||
| 15 | an original operating permit for any portion of
such facility | ||||||
| 16 | unless the applicant has submitted proof to the Agency that the
| ||||||
| 17 | location of the facility has been approved by the appropriate | ||||||
| 18 | county board or
municipal governing body pursuant to Section | ||||||
| 19 | 39.2 of this Act.
| ||||||
| 20 | After January 1, 1994, if a solid waste
disposal facility, | ||||||
| 21 | any portion for which an operating permit has been issued by
| ||||||
| 22 | the Agency, has not accepted waste disposal for 5 or more | ||||||
| 23 | consecutive calendars
years, before that facility may accept | ||||||
| 24 | any new or additional waste for
disposal, the owner and | ||||||
| 25 | operator must obtain a new operating permit under this
Act for | ||||||
| 26 | that facility unless the owner and operator have applied to the | ||||||
| |||||||
| |||||||
| 1 | Agency
for a permit authorizing the temporary suspension of | ||||||
| 2 | waste acceptance. The
Agency may not issue a new operation | ||||||
| 3 | permit under this Act for the facility
unless the applicant has | ||||||
| 4 | submitted proof to the Agency that the location of the
facility | ||||||
| 5 | has been approved or re-approved by the appropriate county | ||||||
| 6 | board or
municipal governing body under Section 39.2 of this | ||||||
| 7 | Act after the facility
ceased accepting waste.
| ||||||
| 8 | Except for those facilities owned or operated by sanitary | ||||||
| 9 | districts
organized under the Metropolitan Water Reclamation | ||||||
| 10 | District Act, and
except for new pollution control facilities | ||||||
| 11 | governed by Section 39.2,
and except for fossil fuel mining | ||||||
| 12 | facilities, the granting of a permit under
this Act shall not | ||||||
| 13 | relieve the applicant from meeting and securing all
necessary | ||||||
| 14 | zoning approvals from the unit of government having zoning
| ||||||
| 15 | jurisdiction over the proposed facility.
| ||||||
| 16 | Before beginning construction on any new sewage treatment | ||||||
| 17 | plant or sludge
drying site to be owned or operated by a | ||||||
| 18 | sanitary district organized under
the Metropolitan Water | ||||||
| 19 | Reclamation District Act for which a new
permit (rather than | ||||||
| 20 | the renewal or amendment of an existing permit) is
required, | ||||||
| 21 | such sanitary district shall hold a public hearing within the
| ||||||
| 22 | municipality within which the proposed facility is to be | ||||||
| 23 | located, or within the
nearest community if the proposed | ||||||
| 24 | facility is to be located within an
unincorporated area, at | ||||||
| 25 | which information concerning the proposed facility
shall be | ||||||
| 26 | made available to the public, and members of the public shall | ||||||
| |||||||
| |||||||
| 1 | be given
the opportunity to express their views concerning the | ||||||
| 2 | proposed facility.
| ||||||
| 3 | The Agency may issue a permit for a municipal waste | ||||||
| 4 | transfer station
without requiring approval pursuant to | ||||||
| 5 | Section 39.2 provided that the following
demonstration is made:
| ||||||
| 6 | (1) the municipal waste transfer station was in | ||||||
| 7 | existence on or before
January 1, 1979 and was in | ||||||
| 8 | continuous operation from January 1, 1979 to January
1, | ||||||
| 9 | 1993;
| ||||||
| 10 | (2) the operator submitted a permit application to the | ||||||
| 11 | Agency to develop
and operate the municipal waste transfer | ||||||
| 12 | station during April of 1994;
| ||||||
| 13 | (3) the operator can demonstrate that the county board | ||||||
| 14 | of the county, if
the municipal waste transfer station is | ||||||
| 15 | in an unincorporated area, or the
governing body of the | ||||||
| 16 | municipality, if the station is in an incorporated area,
| ||||||
| 17 | does not object to resumption of the operation of the | ||||||
| 18 | station; and
| ||||||
| 19 | (4) the site has local zoning approval.
| ||||||
| 20 | (d) The Agency may issue RCRA permits exclusively under | ||||||
| 21 | this
subsection to persons owning or operating a facility for | ||||||
| 22 | the treatment,
storage, or disposal of hazardous waste as | ||||||
| 23 | defined under this Act.
| ||||||
| 24 | All RCRA permits shall contain those terms and conditions, | ||||||
| 25 | including but
not limited to schedules of compliance, which may | ||||||
| 26 | be required to accomplish
the purposes and provisions of this | ||||||
| |||||||
| |||||||
| 1 | Act. The Agency may include among such
conditions standards and | ||||||
| 2 | other requirements established under this Act,
Board | ||||||
| 3 | regulations, the Resource Conservation and Recovery Act of 1976 | ||||||
| 4 | (P.L.
94-580), as amended, and regulations pursuant thereto, | ||||||
| 5 | and may include
schedules for achieving compliance therewith as | ||||||
| 6 | soon as possible. The
Agency shall require that a performance | ||||||
| 7 | bond or other security be provided
as a condition for the | ||||||
| 8 | issuance of a RCRA permit.
| ||||||
| 9 | In the case of a permit to operate a hazardous waste or PCB | ||||||
| 10 | incinerator
as defined in subsection (k) of Section 44, the | ||||||
| 11 | Agency shall require, as a
condition of the permit, that the | ||||||
| 12 | operator of the facility perform such
analyses of the waste to | ||||||
| 13 | be incinerated as may be necessary and appropriate
to ensure | ||||||
| 14 | the safe operation of the incinerator.
| ||||||
| 15 | The Agency shall adopt filing requirements and procedures | ||||||
| 16 | which
are necessary and appropriate for the issuance of RCRA | ||||||
| 17 | permits, and which
are consistent with the Act or regulations | ||||||
| 18 | adopted by the Board, and with
the Resource Conservation and | ||||||
| 19 | Recovery Act of 1976 (P.L. 94-580), as
amended, and regulations | ||||||
| 20 | pursuant thereto.
| ||||||
| 21 | The applicant shall make available to the public for | ||||||
| 22 | inspection all
documents submitted by the applicant to the | ||||||
| 23 | Agency in furtherance
of an application, with the exception of | ||||||
| 24 | trade secrets, at the office of
the county board or governing | ||||||
| 25 | body of the municipality. Such documents
may be copied upon | ||||||
| 26 | payment of the actual cost of reproduction during regular
| ||||||
| |||||||
| |||||||
| 1 | business hours of the local office. The Agency shall issue a | ||||||
| 2 | written statement
concurrent with its grant or denial of the | ||||||
| 3 | permit explaining the basis for its
decision.
| ||||||
| 4 | (e) The Agency may issue UIC permits exclusively under this
| ||||||
| 5 | subsection to persons owning or operating a facility for the | ||||||
| 6 | underground
injection of contaminants as defined under this | ||||||
| 7 | Act.
| ||||||
| 8 | All UIC permits shall contain those terms and conditions, | ||||||
| 9 | including but
not limited to schedules of compliance, which may | ||||||
| 10 | be required to accomplish
the purposes and provisions of this | ||||||
| 11 | Act. The Agency may include among such
conditions standards and | ||||||
| 12 | other requirements established under this Act,
Board | ||||||
| 13 | regulations, the Safe Drinking Water Act (P.L. 93-523), as | ||||||
| 14 | amended,
and regulations pursuant thereto, and may include | ||||||
| 15 | schedules for achieving
compliance therewith. The Agency shall | ||||||
| 16 | require that a performance bond or
other security be provided | ||||||
| 17 | as a condition for the issuance of a UIC permit.
| ||||||
| 18 | The Agency shall adopt filing requirements and procedures | ||||||
| 19 | which
are necessary and appropriate for the issuance of UIC | ||||||
| 20 | permits, and which
are consistent with the Act or regulations | ||||||
| 21 | adopted by the Board, and with
the Safe Drinking Water Act | ||||||
| 22 | (P.L. 93-523), as amended, and regulations
pursuant thereto.
| ||||||
| 23 | The applicant shall make available to the public for | ||||||
| 24 | inspection, all
documents submitted by the applicant to the | ||||||
| 25 | Agency in furtherance of an
application, with the exception of | ||||||
| 26 | trade secrets, at the office of the county
board or governing | ||||||
| |||||||
| |||||||
| 1 | body of the municipality. Such documents may be copied upon
| ||||||
| 2 | payment of the actual cost of reproduction during regular | ||||||
| 3 | business hours of the
local office. The Agency shall issue a | ||||||
| 4 | written statement concurrent with its
grant or denial of the | ||||||
| 5 | permit explaining the basis for its decision.
| ||||||
| 6 | (f) In making any determination pursuant to Section 9.1 of | ||||||
| 7 | this Act:
| ||||||
| 8 | (1) The Agency shall have authority to make the | ||||||
| 9 | determination of any
question required to be determined by | ||||||
| 10 | the Clean Air Act, as now or
hereafter amended, this Act, | ||||||
| 11 | or the regulations of the Board, including the
| ||||||
| 12 | determination of the Lowest Achievable Emission Rate, | ||||||
| 13 | Maximum Achievable
Control Technology, or Best Available | ||||||
| 14 | Control Technology, consistent with the
Board's | ||||||
| 15 | regulations, if any.
| ||||||
| 16 | (2) The Agency shall adopt requirements as necessary to | ||||||
| 17 | implement public participation procedures, including, but | ||||||
| 18 | not limited to, public notice, comment, and an opportunity | ||||||
| 19 | for hearing, which must accompany the processing of | ||||||
| 20 | applications for PSD permits. The Agency shall briefly | ||||||
| 21 | describe and respond to all significant comments on the | ||||||
| 22 | draft permit raised during the public comment period or | ||||||
| 23 | during any hearing. The Agency may group related comments | ||||||
| 24 | together and provide one unified response for each issue | ||||||
| 25 | raised. | ||||||
| 26 | (3) Any complete permit application submitted to the | ||||||
| |||||||
| |||||||
| 1 | Agency under this subsection for a PSD permit shall be | ||||||
| 2 | granted or denied by the Agency not later than one year | ||||||
| 3 | after the filing of such completed application. | ||||||
| 4 | (4) The Agency shall, after conferring with the | ||||||
| 5 | applicant, give written
notice to the applicant of its | ||||||
| 6 | proposed decision on the application including
the terms | ||||||
| 7 | and conditions of the permit to be issued and the facts, | ||||||
| 8 | conduct
or other basis upon which the Agency will rely to | ||||||
| 9 | support its proposed action.
| ||||||
| 10 | (g) The Agency shall include as conditions upon all permits | ||||||
| 11 | issued for
hazardous waste disposal sites such restrictions | ||||||
| 12 | upon the future use
of such sites as are reasonably necessary | ||||||
| 13 | to protect public health and
the environment, including | ||||||
| 14 | permanent prohibition of the use of such
sites for purposes | ||||||
| 15 | which may create an unreasonable risk of injury to human
health | ||||||
| 16 | or to the environment. After administrative and judicial | ||||||
| 17 | challenges
to such restrictions have been exhausted, the Agency | ||||||
| 18 | shall file such
restrictions of record in the Office of the | ||||||
| 19 | Recorder of the county in which
the hazardous waste disposal | ||||||
| 20 | site is located.
| ||||||
| 21 | (h) A hazardous waste stream may not be deposited in a | ||||||
| 22 | permitted hazardous
waste site unless specific authorization | ||||||
| 23 | is obtained from the Agency by the
generator and disposal site | ||||||
| 24 | owner and operator for the deposit of that specific
hazardous | ||||||
| 25 | waste stream. The Agency may grant specific authorization for
| ||||||
| 26 | disposal of hazardous waste streams only after the generator | ||||||
| |||||||
| |||||||
| 1 | has reasonably
demonstrated that, considering
technological | ||||||
| 2 | feasibility and economic reasonableness, the hazardous waste
| ||||||
| 3 | cannot be reasonably recycled for reuse, nor incinerated or | ||||||
| 4 | chemically,
physically or biologically treated so as to | ||||||
| 5 | neutralize the hazardous waste
and render it nonhazardous. In | ||||||
| 6 | granting authorization under this Section,
the Agency may | ||||||
| 7 | impose such conditions as may be necessary to accomplish
the | ||||||
| 8 | purposes of the Act and are consistent with this Act and | ||||||
| 9 | regulations
promulgated by the Board hereunder. If the Agency | ||||||
| 10 | refuses to grant
authorization under this Section, the | ||||||
| 11 | applicant may appeal as if the Agency
refused to grant a | ||||||
| 12 | permit, pursuant to the provisions of subsection (a) of
Section | ||||||
| 13 | 40 of this Act. For purposes of this subsection (h), the term
| ||||||
| 14 | "generator" has the meaning given in Section 3.205 of this Act,
| ||||||
| 15 | unless: (1) the hazardous waste is treated, incinerated, or | ||||||
| 16 | partially recycled
for reuse prior to disposal, in which case | ||||||
| 17 | the last person who treats,
incinerates, or partially recycles | ||||||
| 18 | the hazardous waste prior to disposal is the
generator; or (2) | ||||||
| 19 | the hazardous waste is from a response action, in which case
| ||||||
| 20 | the person performing the response action is the generator. | ||||||
| 21 | This subsection
(h) does not apply to any hazardous waste that | ||||||
| 22 | is restricted from land disposal
under 35 Ill. Adm. Code 728.
| ||||||
| 23 | (i) Before issuing any RCRA permit, any permit for a waste | ||||||
| 24 | storage site,
sanitary landfill, waste disposal site, waste | ||||||
| 25 | transfer station, waste treatment
facility, waste incinerator, | ||||||
| 26 | or any waste-transportation operation, or any permit or interim | ||||||
| |||||||
| |||||||
| 1 | authorization for a clean construction or demolition debris | ||||||
| 2 | fill operation, or any permit required under subsection (d-5) | ||||||
| 3 | of Section 55, the Agency
shall conduct an evaluation of the | ||||||
| 4 | prospective owner's or operator's prior
experience in waste | ||||||
| 5 | management operations, clean construction or demolition debris | ||||||
| 6 | fill operations, and tire storage site management. The Agency | ||||||
| 7 | may deny such a permit, or deny or revoke interim | ||||||
| 8 | authorization,
if the prospective owner or operator or any | ||||||
| 9 | employee or officer of the
prospective owner or operator has a | ||||||
| 10 | history of:
| ||||||
| 11 | (1) repeated violations of federal, State, or local | ||||||
| 12 | laws, regulations,
standards, or ordinances in the | ||||||
| 13 | operation of waste management facilities or
sites, clean | ||||||
| 14 | construction or demolition debris fill operation | ||||||
| 15 | facilities or sites, or tire storage sites; or
| ||||||
| 16 | (2) conviction in this or another State of any crime | ||||||
| 17 | which is a felony
under the laws of this State, or | ||||||
| 18 | conviction of a felony in a federal court; or conviction in | ||||||
| 19 | this or another state or federal court of any of the | ||||||
| 20 | following crimes: forgery, official misconduct, bribery, | ||||||
| 21 | perjury, or knowingly submitting false information under | ||||||
| 22 | any environmental law, regulation, or permit term or | ||||||
| 23 | condition; or
| ||||||
| 24 | (3) proof of gross carelessness or incompetence in | ||||||
| 25 | handling, storing,
processing, transporting or disposing | ||||||
| 26 | of waste, clean construction or demolition debris, or used | ||||||
| |||||||
| |||||||
| 1 | or waste tires, or proof of gross carelessness or | ||||||
| 2 | incompetence in using clean construction or demolition | ||||||
| 3 | debris as fill.
| ||||||
| 4 | (i-5) Before issuing any permit or approving any interim | ||||||
| 5 | authorization for a clean construction or demolition debris | ||||||
| 6 | fill operation in which any ownership interest is transferred | ||||||
| 7 | between January 1, 2005, and the effective date of the | ||||||
| 8 | prohibition set forth in Section 22.52 of this Act, the Agency | ||||||
| 9 | shall conduct an evaluation of the operation if any previous | ||||||
| 10 | activities at the site or facility may have caused or allowed | ||||||
| 11 | contamination of the site. It shall be the responsibility of | ||||||
| 12 | the owner or operator seeking the permit or interim | ||||||
| 13 | authorization to provide to the Agency all of the information | ||||||
| 14 | necessary for the Agency to conduct its evaluation. The Agency | ||||||
| 15 | may deny a permit or interim authorization if previous | ||||||
| 16 | activities at the site may have caused or allowed contamination | ||||||
| 17 | at the site, unless such contamination is authorized under any | ||||||
| 18 | permit issued by the Agency.
| ||||||
| 19 | (j) The issuance under this Act of a permit to engage in | ||||||
| 20 | the surface mining
of any resources other than fossil fuels | ||||||
| 21 | shall not relieve
the permittee from its duty to comply with | ||||||
| 22 | any applicable local law regulating
the commencement, location | ||||||
| 23 | or operation of surface mining facilities.
| ||||||
| 24 | (k) A development permit issued under subsection (a) of | ||||||
| 25 | Section 39 for any
facility or site which is required to have a | ||||||
| 26 | permit under subsection (d) of
Section 21 shall expire at the | ||||||
| |||||||
| |||||||
| 1 | end of 2 calendar years from the date upon which
it was issued, | ||||||
| 2 | unless within that period the applicant has taken action to
| ||||||
| 3 | develop the facility or the site. In the event that review of | ||||||
| 4 | the
conditions of the development permit is sought pursuant to | ||||||
| 5 | Section 40 or
41, or permittee is prevented from commencing | ||||||
| 6 | development of the facility
or site by any other litigation | ||||||
| 7 | beyond the permittee's control, such
two-year period shall be | ||||||
| 8 | deemed to begin on the date upon which such review
process or | ||||||
| 9 | litigation is concluded.
| ||||||
| 10 | (l) No permit shall be issued by the Agency under this Act | ||||||
| 11 | for
construction or operation of any facility or site located | ||||||
| 12 | within the
boundaries of any setback zone established pursuant | ||||||
| 13 | to this Act, where such
construction or operation is | ||||||
| 14 | prohibited.
| ||||||
| 15 | (m) The Agency may issue permits to persons owning or | ||||||
| 16 | operating
a facility for composting landscape waste. In | ||||||
| 17 | granting such permits, the Agency
may impose such conditions as | ||||||
| 18 | may be necessary to accomplish the purposes of
this Act, and as | ||||||
| 19 | are not inconsistent with applicable regulations promulgated
| ||||||
| 20 | by the Board. Except as otherwise provided in this Act, a bond | ||||||
| 21 | or other
security shall not be required as a condition for the | ||||||
| 22 | issuance of a permit. If
the Agency denies any permit pursuant | ||||||
| 23 | to this subsection, the Agency shall
transmit to the applicant | ||||||
| 24 | within the time limitations of this subsection
specific, | ||||||
| 25 | detailed statements as to the reasons the permit application | ||||||
| 26 | was
denied. Such statements shall include but not be limited to | ||||||
| |||||||
| |||||||
| 1 | the following:
| ||||||
| 2 | (1) the Sections of this Act that may be violated if | ||||||
| 3 | the permit
were granted;
| ||||||
| 4 | (2) the specific regulations promulgated pursuant to | ||||||
| 5 | this
Act that may be violated if the permit were granted;
| ||||||
| 6 | (3) the specific information, if any, the Agency deems | ||||||
| 7 | the
applicant did not provide in its application to the | ||||||
| 8 | Agency; and
| ||||||
| 9 | (4) a statement of specific reasons why the Act and the | ||||||
| 10 | regulations
might be violated if the permit were granted.
| ||||||
| 11 | If no final action is taken by the Agency within 90 days | ||||||
| 12 | after the filing
of the application for permit, the applicant | ||||||
| 13 | may deem the permit issued.
Any applicant for a permit may | ||||||
| 14 | waive the 90-day 90 day limitation by filing a
written | ||||||
| 15 | statement with the Agency.
| ||||||
| 16 | The Agency shall issue permits for such facilities upon | ||||||
| 17 | receipt of an
application that includes a legal description of | ||||||
| 18 | the site, a topographic
map of the site drawn to the scale of | ||||||
| 19 | 200 feet to the inch or larger, a
description of the operation, | ||||||
| 20 | including the area served, an estimate of
the volume of | ||||||
| 21 | materials to be processed, and documentation that:
| ||||||
| 22 | (1) the facility includes a setback of at
least 200 | ||||||
| 23 | feet from the nearest potable water supply well;
| ||||||
| 24 | (2) the facility is located outside the boundary
of the | ||||||
| 25 | 10-year floodplain or the site will be floodproofed;
| ||||||
| 26 | (3) the facility is located so as to minimize
| ||||||
| |||||||
| |||||||
| 1 | incompatibility with the character of the surrounding | ||||||
| 2 | area, including at
least a 200 foot setback from any | ||||||
| 3 | residence, and in the case of a
facility that is developed | ||||||
| 4 | or the permitted composting area of which is
expanded after | ||||||
| 5 | November 17, 1991, the composting area is located at least | ||||||
| 6 | 1/8
mile from the nearest residence (other than a residence | ||||||
| 7 | located on the same
property as the facility);
| ||||||
| 8 | (4) the design of the facility will prevent any compost | ||||||
| 9 | material from
being placed within 5 feet of the water | ||||||
| 10 | table, will adequately control runoff
from the site, and | ||||||
| 11 | will collect and manage any leachate that is generated on
| ||||||
| 12 | the site;
| ||||||
| 13 | (5) the operation of the facility will include | ||||||
| 14 | appropriate dust
and odor control measures, limitations on | ||||||
| 15 | operating hours, appropriate
noise control measures for | ||||||
| 16 | shredding, chipping and similar equipment,
management | ||||||
| 17 | procedures for composting, containment and disposal of
| ||||||
| 18 | non-compostable wastes, procedures to be used for
| ||||||
| 19 | terminating operations at the site, and recordkeeping | ||||||
| 20 | sufficient to
document the amount of materials received, | ||||||
| 21 | composted and otherwise
disposed of; and
| ||||||
| 22 | (6) the operation will be conducted in accordance with | ||||||
| 23 | any applicable
rules adopted by the Board.
| ||||||
| 24 | The Agency shall issue renewable permits of not longer than | ||||||
| 25 | 10 years
in duration for the composting of landscape wastes, as | ||||||
| 26 | defined in Section
3.155 of this Act, based on the above | ||||||
| |||||||
| |||||||
| 1 | requirements.
| ||||||
| 2 | The operator of any facility permitted under this | ||||||
| 3 | subsection (m) must
submit a written annual statement to the | ||||||
| 4 | Agency on or before April 1 of
each year that includes an | ||||||
| 5 | estimate of the amount of material, in tons,
received for | ||||||
| 6 | composting.
| ||||||
| 7 | (n) The Agency shall issue permits jointly with the | ||||||
| 8 | Department of
Transportation for the dredging or deposit of | ||||||
| 9 | material in Lake Michigan in
accordance with Section 18 of the | ||||||
| 10 | Rivers, Lakes, and Streams Act.
| ||||||
| 11 | (o) (Blank.)
| ||||||
| 12 | (p) (1) Any person submitting an application for a permit | ||||||
| 13 | for a new MSWLF
unit or for a lateral expansion under | ||||||
| 14 | subsection (t) of Section 21 of this Act
for an existing MSWLF | ||||||
| 15 | unit that has not received and is not subject to local
siting | ||||||
| 16 | approval under Section 39.2 of this Act shall publish notice of | ||||||
| 17 | the
application in a newspaper of general circulation in the | ||||||
| 18 | county in which the
MSWLF unit is or is proposed to be located. | ||||||
| 19 | The notice must be published at
least 15 days before submission | ||||||
| 20 | of the permit application to the Agency. The
notice shall state | ||||||
| 21 | the name and address of the applicant, the location of the
| ||||||
| 22 | MSWLF unit or proposed MSWLF unit, the nature and size of the | ||||||
| 23 | MSWLF unit or
proposed MSWLF unit, the nature of the activity | ||||||
| 24 | proposed, the probable life of
the proposed activity, the date | ||||||
| 25 | the permit application will be submitted, and a
statement that | ||||||
| 26 | persons may file written comments with the Agency concerning | ||||||
| |||||||
| |||||||
| 1 | the
permit application within 30 days after the filing of the | ||||||
| 2 | permit application
unless the time period to submit comments is | ||||||
| 3 | extended by the Agency.
| ||||||
| 4 | When a permit applicant submits information to the Agency | ||||||
| 5 | to supplement a
permit application being reviewed by the | ||||||
| 6 | Agency, the applicant shall not be
required to reissue the | ||||||
| 7 | notice under this subsection.
| ||||||
| 8 | (2) The Agency shall accept written comments concerning the | ||||||
| 9 | permit
application that are postmarked no later than 30 days | ||||||
| 10 | after the
filing of the permit application, unless the time | ||||||
| 11 | period to accept comments is
extended by the Agency.
| ||||||
| 12 | (3) Each applicant for a permit described in part (1) of | ||||||
| 13 | this subsection
shall file a
copy of the permit application | ||||||
| 14 | with the county board or governing body of the
municipality in | ||||||
| 15 | which the MSWLF unit is or is proposed to be located at the
| ||||||
| 16 | same time the application is submitted to the Agency. The | ||||||
| 17 | permit application
filed with the county board or governing | ||||||
| 18 | body of the municipality shall include
all documents submitted | ||||||
| 19 | to or to be submitted to the Agency, except trade
secrets as | ||||||
| 20 | determined under Section 7.1 of this Act. The permit | ||||||
| 21 | application
and other documents on file with the county board | ||||||
| 22 | or governing body of the
municipality shall be made available | ||||||
| 23 | for public inspection during regular
business hours at the | ||||||
| 24 | office of the county board or the governing body of the
| ||||||
| 25 | municipality and may be copied upon payment of the actual cost | ||||||
| 26 | of
reproduction.
| ||||||
| |||||||
| |||||||
| 1 | (q) Within 6 months after July 12, 2011 (the effective date | ||||||
| 2 | of Public Act 97-95) this amendatory Act of the 97th General | ||||||
| 3 | Assembly, the Agency, in consultation with the regulated | ||||||
| 4 | community, shall develop a web portal to be posted on its | ||||||
| 5 | website for the purpose of enhancing review and promoting | ||||||
| 6 | timely issuance of permits required by this Act. At a minimum, | ||||||
| 7 | the Agency shall make the following information available on | ||||||
| 8 | the web portal: | ||||||
| 9 | (1) Checklists and guidance relating to the completion | ||||||
| 10 | of permit applications, developed pursuant to subsection | ||||||
| 11 | (s) of this Section, which may include, but are not limited | ||||||
| 12 | to, existing instructions for completing the applications | ||||||
| 13 | and examples of complete applications. As the Agency | ||||||
| 14 | develops new checklists and develops guidance, it shall | ||||||
| 15 | supplement the web portal with those materials. | ||||||
| 16 | (2) Within 2 years after July 12, 2011 (the effective | ||||||
| 17 | date of Public Act 97-95) this amendatory Act of the 97th | ||||||
| 18 | General Assembly, permit application forms or portions of | ||||||
| 19 | permit applications that can be completed and saved | ||||||
| 20 | electronically, and submitted to the Agency electronically | ||||||
| 21 | with digital signatures. | ||||||
| 22 | (3) Within 2 years after July 12, 2011 (the effective | ||||||
| 23 | date of Public Act 97-95) this amendatory Act of the 97th | ||||||
| 24 | General Assembly, an online tracking system where an | ||||||
| 25 | applicant may review the status of its pending application, | ||||||
| 26 | including the name and contact information of the permit | ||||||
| |||||||
| |||||||
| 1 | analyst assigned to the application. Until the online | ||||||
| 2 | tracking system has been developed, the Agency shall post | ||||||
| 3 | on its website semi-annual permitting efficiency tracking | ||||||
| 4 | reports that include statistics on the timeframes for | ||||||
| 5 | Agency action on the following types of permits received | ||||||
| 6 | after July 12, 2011 (the effective date of Public Act | ||||||
| 7 | 97-95) this amendatory Act of the 97th General Assembly: | ||||||
| 8 | air construction permits, new NPDES permits and associated | ||||||
| 9 | water construction permits, and modifications of major | ||||||
| 10 | NPDES permits and associated water construction permits. | ||||||
| 11 | The reports must be posted by February 1 and August 1 each | ||||||
| 12 | year and shall include: | ||||||
| 13 | (A) the number of applications received for each | ||||||
| 14 | type of permit, the number of applications on which the | ||||||
| 15 | Agency has taken action, and the number of applications | ||||||
| 16 | still pending; and | ||||||
| 17 | (B) for those applications where the Agency has not | ||||||
| 18 | taken action in accordance with the timeframes set | ||||||
| 19 | forth in this Act, the date the application was | ||||||
| 20 | received and the reasons for any delays, which may | ||||||
| 21 | include, but shall not be limited to, (i) the | ||||||
| 22 | application being inadequate or incomplete, (ii) | ||||||
| 23 | scientific or technical disagreements with the | ||||||
| 24 | applicant, USEPA, or other local, state, or federal | ||||||
| 25 | agencies involved in the permitting approval process, | ||||||
| 26 | (iii) public opposition to the permit, or (iv) Agency | ||||||
| |||||||
| |||||||
| 1 | staffing shortages. To the extent practicable, the | ||||||
| 2 | tracking report shall provide approximate dates when | ||||||
| 3 | cause for delay was identified by the Agency, when the | ||||||
| 4 | Agency informed the applicant of the problem leading to | ||||||
| 5 | the delay, and when the applicant remedied the reason | ||||||
| 6 | for the delay. | ||||||
| 7 | (r) Upon the request of the applicant, the Agency shall | ||||||
| 8 | notify the applicant of the permit analyst assigned to the | ||||||
| 9 | application upon its receipt. | ||||||
| 10 | (s) The Agency is authorized to prepare and distribute | ||||||
| 11 | guidance documents relating to its administration of this | ||||||
| 12 | Section and procedural rules implementing this Section. | ||||||
| 13 | Guidance documents prepared under this subsection shall not be | ||||||
| 14 | considered rules and shall not be subject to the Illinois | ||||||
| 15 | Administrative Procedure Act. Such guidance shall not be | ||||||
| 16 | binding on any party. | ||||||
| 17 | (t) Except as otherwise prohibited by federal law or | ||||||
| 18 | regulation, any person submitting an application for a permit | ||||||
| 19 | may include with the application suggested permit language for | ||||||
| 20 | Agency consideration. The Agency is not obligated to use the | ||||||
| 21 | suggested language or any portion thereof in its permitting | ||||||
| 22 | decision. If requested by the permit applicant, the Agency | ||||||
| 23 | shall meet with the applicant to discuss the suggested | ||||||
| 24 | language. | ||||||
| 25 | (u) If requested by the permit applicant, the Agency shall | ||||||
| 26 | provide the permit applicant with a copy of the draft permit | ||||||
| |||||||
| |||||||
| 1 | prior to any public review period. | ||||||
| 2 | (v) If requested by the permit applicant, the Agency shall | ||||||
| 3 | provide the permit applicant with a copy of the final permit | ||||||
| 4 | prior to its issuance. | ||||||
| 5 | (w) An air pollution permit shall not be required due to | ||||||
| 6 | emissions of greenhouse gases, as specified by Section 9.15 of | ||||||
| 7 | this Act. | ||||||
| 8 | (x) If, before the expiration of a State operating permit | ||||||
| 9 | that is issued pursuant to subsection (a) of this Section and | ||||||
| 10 | contains federally enforceable conditions limiting the | ||||||
| 11 | potential to emit of the source to a level below the major | ||||||
| 12 | source threshold for that source so as to exclude the source | ||||||
| 13 | from the Clean Air Act Permit Program, the Agency receives a | ||||||
| 14 | complete application for the renewal of that permit, then all | ||||||
| 15 | of the terms and conditions of the permit shall remain in | ||||||
| 16 | effect until final administrative action has been taken on the | ||||||
| 17 | application for the renewal of the permit. | ||||||
| 18 | (Source: P.A. 98-284, eff. 8-9-13; 99-396, eff. 8-18-15; | ||||||
| 19 | 99-463, eff. 1-1-16; revised 10-20-15.)
| ||||||
| 20 | Section 460. The Lawn Care Products Application and Notice | ||||||
| 21 | Act is amended by changing Section 7 as follows:
| ||||||
| 22 | (415 ILCS 65/7) (from Ch. 5, par. 857)
| ||||||
| 23 | Sec. 7.
When an administrative hearing is held by the | ||||||
| 24 | Department, the
hearing officer, upon determination of any | ||||||
| |||||||
| |||||||
| 1 | violation of this Act or rule or
regulation, shall either refer | ||||||
| 2 | the violation to the State's States Attorney's
office in the | ||||||
| 3 | county where the alleged violation occurred for prosecution
or | ||||||
| 4 | levy the following administrative monetary penalties:
| ||||||
| 5 | (a) a penalty of $250 for a first violation;
| ||||||
| 6 | (b) a penalty of $500 for a second violation; and
| ||||||
| 7 | (c) a penalty of $1,000 for a third or subsequent | ||||||
| 8 | violation.
| ||||||
| 9 | The penalty levied shall be collected by the Department, | ||||||
| 10 | and all
penalties collected by the Department under this Act | ||||||
| 11 | shall be deposited
into the Pesticide Control Fund. Any penalty | ||||||
| 12 | not paid within 60 days of
notice from the Department shall be | ||||||
| 13 | submitted to the Attorney General's
office for collection.
| ||||||
| 14 | Upon prosecution by a State's Attorney, a violation of this | ||||||
| 15 | Act or rules shall be a petty offense subject to a
fine of $250 | ||||||
| 16 | for a first offense, a fine of $500 for a second offense, and a
| ||||||
| 17 | fine of $1,000 for a third or subsequent offense.
| ||||||
| 18 | (Source: P.A. 96-1005, eff. 7-6-10; revised 10-20-15.)
| ||||||
| 19 | Section 465. The Mercury Switch Removal Act is amended by | ||||||
| 20 | changing Section 10 as follows:
| ||||||
| 21 | (415 ILCS 97/10) | ||||||
| 22 | (Section scheduled to be repealed on January 1, 2017)
| ||||||
| 23 | Sec. 10. Removal requirements. | ||||||
| 24 | (a) Mercury switches removed from end-of-life vehicles | ||||||
| |||||||
| |||||||
| 1 | must be managed in accordance with the Environmental Protection | ||||||
| 2 | Act and regulations adopted thereunder. | ||||||
| 3 | (b) No person shall represent that all mercury switches | ||||||
| 4 | have been removed from a vehicle if all mercury switches have | ||||||
| 5 | not been removed from the vehicle, except where a mercury | ||||||
| 6 | switch cannot be removed from the vehicle because the switch is | ||||||
| 7 | inaccessible due to significant damage to the vehicle in the | ||||||
| 8 | area surrounding the switch.
| ||||||
| 9 | (c) Consistent with the protection of confidential | ||||||
| 10 | business information, vehicle recyclers, vehicle crushers, and | ||||||
| 11 | scrap metal recyclers that remove mercury switches from | ||||||
| 12 | end-of-life vehicles must maintain records documenting the | ||||||
| 13 | following for each calendar quarter:
| ||||||
| 14 | (1) the number of mercury switches the vehicle | ||||||
| 15 | recycler, vehicle crusher, or scrap metal recycler removed | ||||||
| 16 | from end-of-life vehicles;
| ||||||
| 17 | (2) the number of end-of-life vehicles received by the | ||||||
| 18 | vehicle recycler, vehicle crusher, or scrap metal recycler | ||||||
| 19 | that contain one or more mercury switches; | ||||||
| 20 | (3) the number of end-of-life vehicles the vehicle | ||||||
| 21 | recycler, vehicle crusher, or scrap metal recycler | ||||||
| 22 | flattened, crushed, shredded, or otherwise processed for | ||||||
| 23 | recycling; and | ||||||
| 24 | (4) the make and model of each car from which one or | ||||||
| 25 | more mercury switches was removed by the vehicle recycler, | ||||||
| 26 | vehicle crusher, or scrap metal recycler.
| ||||||
| |||||||
| |||||||
| 1 | The records required under this subsection (c) must be | ||||||
| 2 | retained at the vehicle recycler's or scrap metal recycler's | ||||||
| 3 | place of business for a minimum of 3 years and made available | ||||||
| 4 | for inspection and copying by the Agency during normal business | ||||||
| 5 | hours.
| ||||||
| 6 | (d) For the period of July 1, 2006 through though June 30, | ||||||
| 7 | 2007 and for each period of July 1 through though June 30 | ||||||
| 8 | thereafter, no later than 45 days after the close of the period | ||||||
| 9 | vehicle recyclers, vehicle crushers, and scrap metal recyclers | ||||||
| 10 | that remove mercury switches from end-of-life vehicles must | ||||||
| 11 | submit to the Agency an annual report containing the following | ||||||
| 12 | information for the period: (i) the number of mercury switches | ||||||
| 13 | the vehicle recycler, vehicle crusher, or scrap metal recycler | ||||||
| 14 | removed from end-of-life vehicles; (ii) the number of | ||||||
| 15 | end-of-life vehicles received by the vehicle recycler, vehicle | ||||||
| 16 | crusher, or scrap metal recycler that contain one or more | ||||||
| 17 | mercury switches; , and (iii) the number of end-of-life vehicles | ||||||
| 18 | the vehicle recycler, vehicle crusher, or scrap metal recycler | ||||||
| 19 | flattened, crushed, shredded, or otherwise processed for | ||||||
| 20 | recycling. Data required to be reported to the United States | ||||||
| 21 | Environmental Protection Agency under federal law or | ||||||
| 22 | regulation may be used in meeting requirements of this | ||||||
| 23 | subsection (d), if the data contains the information required | ||||||
| 24 | under items (i), (ii), and (iii) of this subsection.
| ||||||
| 25 | (Source: P.A. 94-732, eff. 4-24-06; revised 10-21-15.)
| ||||||
| |||||||
| |||||||
| 1 | Section 470. The Litter Control Act is amended by changing | ||||||
| 2 | Section 11 as follows:
| ||||||
| 3 | (415 ILCS 105/11) (from Ch. 38, par. 86-11)
| ||||||
| 4 | Sec. 11.
This Act shall be enforced by all law enforcement | ||||||
| 5 | officers in their
respective jurisdictions, whether employed | ||||||
| 6 | by the State or by any unit of
local government. Prosecutions | ||||||
| 7 | for violation of this Act shall be conducted
by the State's | ||||||
| 8 | Attorneys State attorneys of the several counties and by the | ||||||
| 9 | Attorney General
of this State.
| ||||||
| 10 | (Source: P.A. 78-837; revised 10-21-15.)
| ||||||
| 11 | Section 480. The Pyrotechnic Use Act is amended by changing | ||||||
| 12 | Section 1 as follows:
| ||||||
| 13 | (425 ILCS 35/1) (from Ch. 127 1/2, par. 127)
| ||||||
| 14 | Sec. 1. Definitions. As used in this Act, the following | ||||||
| 15 | words shall have the following meanings: | ||||||
| 16 | "1.3G fireworks" means those fireworks used for | ||||||
| 17 | professional outdoor displays and classified as fireworks | ||||||
| 18 | UN0333, UN0334, or UN0335 by the United States Department of | ||||||
| 19 | Transportation under 49 C.F.R. 172.101. | ||||||
| 20 | "Consumer distributor" means any person who distributes, | ||||||
| 21 | offers for sale, sells, or exchanges for consideration consumer | ||||||
| 22 | fireworks in Illinois to another distributor or directly to any | ||||||
| 23 | retailer or person for resale. | ||||||
| |||||||
| |||||||
| 1 | "Consumer fireworks" means those fireworks that must | ||||||
| 2 | comply with the construction, chemical composition, and | ||||||
| 3 | labeling regulations of the U.S. Consumer Products Safety | ||||||
| 4 | Commission, as set forth in 16 C.F.R. Parts 1500 and 1507, and | ||||||
| 5 | classified as fireworks UN0336 or UN0337 by the United States | ||||||
| 6 | Department of Transportation under 49 C.F.R. 172.101. | ||||||
| 7 | "Consumer fireworks"
shall not include snake or glow worm | ||||||
| 8 | pellets; smoke devices; trick noisemakers
known as "party | ||||||
| 9 | poppers", "booby traps", "snappers", "trick matches", | ||||||
| 10 | "cigarette
loads", and "auto burglar alarms"; sparklers; toy | ||||||
| 11 | pistols, toy
canes, toy guns, or other devices in
which paper | ||||||
| 12 | or plastic caps containing twenty-five hundredths grains or
| ||||||
| 13 | less of explosive compound are used, provided they are so | ||||||
| 14 | constructed that
the hand cannot come in contact with the cap | ||||||
| 15 | when in place for the
explosion; and toy pistol paper or | ||||||
| 16 | plastic caps that contain less than
twenty hundredths grains of | ||||||
| 17 | explosive mixture; the sale and use of which
shall be permitted | ||||||
| 18 | at all times. | ||||||
| 19 | "Consumer fireworks display" or "consumer display" means | ||||||
| 20 | the detonation, ignition, or deflagration of consumer | ||||||
| 21 | fireworks to produce a visual or audible effect. | ||||||
| 22 | "Consumer operator" means an adult individual who is | ||||||
| 23 | responsible for the safety, setup, and discharge of the | ||||||
| 24 | consumer fireworks display and who has completed the training | ||||||
| 25 | required in Section 2.2 of this Act. | ||||||
| 26 | "Consumer retailer" means any person who offers for sale, | ||||||
| |||||||
| |||||||
| 1 | sells, or exchanges for consideration consumer fireworks in | ||||||
| 2 | Illinois directly to any person with a consumer display permit. | ||||||
| 3 | "Display fireworks" means 1.3G or special effects | ||||||
| 4 | fireworks or as further defined in the Pyrotechnic Distributor | ||||||
| 5 | and Operator Licensing Act. | ||||||
| 6 | "Flame effect" means the detonation, ignition, or | ||||||
| 7 | deflagration of flammable gases, liquids, or special materials | ||||||
| 8 | to produce a thermal, physical, visual, or audible effect | ||||||
| 9 | before the public, invitees, or licensees, regardless of | ||||||
| 10 | whether admission is charged, in accordance with National Fire | ||||||
| 11 | Protection Association 160 guidelines, and as may be further | ||||||
| 12 | defined in the Pyrotechnic Distributor and Operator Licensing | ||||||
| 13 | Act. | ||||||
| 14 | "Lead pyrotechnic operator" means an individual who is | ||||||
| 15 | responsible for the safety, setup, and discharge of the | ||||||
| 16 | pyrotechnic display or pyrotechnic service and who is licensed | ||||||
| 17 | pursuant to the Pyrotechnic Distributor and Operator Licensing | ||||||
| 18 | Act. | ||||||
| 19 | "Person" means an individual, firm, corporation, | ||||||
| 20 | association, partnership, company, consortium, joint venture, | ||||||
| 21 | commercial entity, state, municipality, or political | ||||||
| 22 | subdivision of a state or any agency, department, or | ||||||
| 23 | instrumentality of the United States and any officer, agent, or | ||||||
| 24 | employee of these entities.
| ||||||
| 25 | "Production company" means any person in the film, digital | ||||||
| 26 | and video media, television, commercial, music, or theatrical | ||||||
| |||||||
| |||||||
| 1 | stage industry who provides pyrotechnic services or | ||||||
| 2 | pyrotechnic display services as part of a film, digital and | ||||||
| 3 | video media, television, commercial, music, or theatrical | ||||||
| 4 | production in the State of Illinois and is licensed by the | ||||||
| 5 | Office pursuant to the Pyrotechnic Distributor and Operator | ||||||
| 6 | Licensing Act. | ||||||
| 7 | "Pyrotechnic display" means the detonation, ignition, or | ||||||
| 8 | deflagration of display fireworks or flame effects to produce | ||||||
| 9 | visual or audible effects of an a exhibitional nature before | ||||||
| 10 | the public, invitees, or licensees, regardless of whether | ||||||
| 11 | admission is charged, and as may be further defined in the | ||||||
| 12 | Pyrotechnic Distributor and Operator Licensing Act. | ||||||
| 13 | "Pyrotechnic distributor" means any person who distributes | ||||||
| 14 | display fireworks for sale in the State of Illinois or provides | ||||||
| 15 | them as part of a pyrotechnic display service in the State of | ||||||
| 16 | Illinois or provides only pyrotechnic services and is licensed | ||||||
| 17 | by the Office pursuant to the Pyrotechnic Distributor and | ||||||
| 18 | Operator Licensing Act. | ||||||
| 19 | "Pyrotechnic service" means the detonation, ignition, or | ||||||
| 20 | deflagration of display fireworks, special effects, or flame | ||||||
| 21 | effects to produce a visual or audible effect. | ||||||
| 22 | "Special effects fireworks" means pyrotechnic devices used | ||||||
| 23 | for special effects by professionals in the performing arts in | ||||||
| 24 | conjunction with theatrical, musical, or other productions
| ||||||
| 25 | that are similar to consumer fireworks in chemical compositions
| ||||||
| 26 | and construction, but are not intended for consumer use and are
| ||||||
| |||||||
| |||||||
| 1 | not labeled as such or identified as "intended for indoor use".
| ||||||
| 2 | "Special effects fireworks" are classified as fireworks UN0431
| ||||||
| 3 | or UN0432 by the United States Department of Transportation
| ||||||
| 4 | under 49 C.F.R. 172.101.
| ||||||
| 5 | (Source: P.A. 96-708, eff. 8-25-09; 97-164, eff. 1-1-12; | ||||||
| 6 | revised 10-20-15.)
| ||||||
| 7 | Section 485. The Hazardous Materials Emergency Act is | ||||||
| 8 | amended by changing Section 4 as follows:
| ||||||
| 9 | (430 ILCS 50/4) (from Ch. 127, par. 1254)
| ||||||
| 10 | Sec. 4.
There is hereby created a Hazardous Materials | ||||||
| 11 | Advisory
Board, composed of 21 members as follows: the Director | ||||||
| 12 | of the
Illinois
Emergency Management Agency, or his designee; | ||||||
| 13 | the Director of Agriculture or
his designee; the Chairman of | ||||||
| 14 | the Illinois Commerce Commission or his
designee;
the Director | ||||||
| 15 | of Public Health or his designee; the Director of the
| ||||||
| 16 | Environmental Protection Agency or his designee; the Secretary | ||||||
| 17 | of
Transportation or his designee; the State Fire Marshal or | ||||||
| 18 | his designee; the
Director of State Police or his designee; the | ||||||
| 19 | Director of
Natural Resources or his designee; the Illinois | ||||||
| 20 | Attorney General or his
designee; the Director of
Nuclear | ||||||
| 21 | Safety or his designee; the Executive Director of the Illinois | ||||||
| 22 | Law
Enforcement Training Standards Board or his designee; the | ||||||
| 23 | Director of the
Illinois Fire Service Institute, University of | ||||||
| 24 | Illinois, or his designee; and
a representative from the
| ||||||
| |||||||
| |||||||
| 1 | Illinois
Association of Chiefs of Police; the Illinois Fire | ||||||
| 2 | Chiefs Chief's Association; the
Illinois Sheriffs' Sheriff's | ||||||
| 3 | Association; the Illinois Emergency Services Management
| ||||||
| 4 | Association; and 4 members appointed by the Governor,
one of | ||||||
| 5 | whom shall represent volunteer firefighters, one of whom
shall
| ||||||
| 6 | represent the local emergency response service and two shall | ||||||
| 7 | represent the
business community. The Chairman shall be | ||||||
| 8 | selected by the membership from
those members not representing | ||||||
| 9 | a State agency.
| ||||||
| 10 | The Board shall meet within 90 days of January 1, 1985 (the | ||||||
| 11 | effective date of Public Act 83-1368) this
amendatory Act of | ||||||
| 12 | 1984 to select a chairman, other officers and establish
an | ||||||
| 13 | organization structure as the members deem necessary and | ||||||
| 14 | thereafter at
the call of the chair or any 11 members. A
person | ||||||
| 15 | who has been designated by the Director of his department to
| ||||||
| 16 | represent the Director on the Board shall be entitled to vote | ||||||
| 17 | on all
questions before the Board. Eleven members of the Board | ||||||
| 18 | constitute a quorum,
except that where members have not been | ||||||
| 19 | appointed or designated
to the Board, a quorum shall be | ||||||
| 20 | constituted by a simple majority of the
appointed or designated | ||||||
| 21 | membership.
| ||||||
| 22 | The Board shall advise and make recommendations to the | ||||||
| 23 | Agency
regarding
the reporting of an accident involving | ||||||
| 24 | hazardous materials and to the
Department regarding the | ||||||
| 25 | placarding of transportation of hazardous
materials. The Board | ||||||
| 26 | shall design a program and develop a Statewide
plan providing | ||||||
| |||||||
| |||||||
| 1 | for a
coordinating system among State agencies and departments | ||||||
| 2 | and units of
local government, for response to
accidents | ||||||
| 3 | involving hazardous materials. Every attempt shall be made to
| ||||||
| 4 | avoid requiring any person to report an accident involving | ||||||
| 5 | hazardous
materials to more than one State agency. If at all | ||||||
| 6 | possible, the
primary agency receiving the reports shall be the | ||||||
| 7 | Illinois
Emergency Management Agency, and that agency shall | ||||||
| 8 | relay reports to other State
and local agencies.
| ||||||
| 9 | The Board shall form from among its members, an Emergency | ||||||
| 10 | Response
Training and Standards Committee. The Secretary of | ||||||
| 11 | Transportation or his
designee, the State Fire Marshal or his | ||||||
| 12 | designee, and the representatives from
the Chiefs of Police, | ||||||
| 13 | Fire Chiefs and Sheriffs' Sheriff's Association shall also | ||||||
| 14 | serve
on the Committee. It shall be the duty of this Committee, | ||||||
| 15 | with final
approval of the Board, to recommend standardized | ||||||
| 16 | training courses for
firefighters, police officers, and other | ||||||
| 17 | hazardous material
emergency response
personnel of the State | ||||||
| 18 | and local governments; to recommend standards for
hazardous | ||||||
| 19 | material emergency response equipment; and recommend
standards | ||||||
| 20 | for achievement levels for the various hazardous material
| ||||||
| 21 | emergency response personnel.
The standardized courses shall | ||||||
| 22 | include training for firefighters, police
officers, and other | ||||||
| 23 | hazardous material emergency response personnel
described in | ||||||
| 24 | the federal regulations relating to the placarding system that
| ||||||
| 25 | has been promulgated under the Hazardous Materials | ||||||
| 26 | Transportation Act
(P.L. 93-633).
| ||||||
| |||||||
| |||||||
| 1 | The Board shall review and recommend the material to be | ||||||
| 2 | provided under
Sections 5.04, 5.05, and 5.06 of this Act and | ||||||
| 3 | assure the development of a
plan for those activities in | ||||||
| 4 | Section 5.07 of this Act.
| ||||||
| 5 | The Board shall have the duty to study and recommend to the | ||||||
| 6 | various State
agencies, local governments and the General | ||||||
| 7 | Assembly any aspect of
placarding in transportation, hazard | ||||||
| 8 | signage systems, the training of
hazardous material emergency | ||||||
| 9 | response personnel, the equipment
used in hazardous material | ||||||
| 10 | emergency response, the planning for hazardous
material | ||||||
| 11 | emergency response, and the dissemination of information | ||||||
| 12 | concerning
these areas.
| ||||||
| 13 | The Department of Transportation and the Illinois | ||||||
| 14 | Emergency Management
Agency shall furnish meeting facilities, | ||||||
| 15 | staff, and other administrative
needs of the Board.
The Agency | ||||||
| 16 | or the Department shall inform the Board whenever the Agency or
| ||||||
| 17 | the Department is considering the adoption of any regulations
| ||||||
| 18 | under this Act. The Agency or the Department shall send a copy | ||||||
| 19 | of
all proposed regulations to each member of the Board; the | ||||||
| 20 | Board shall be
represented at all public hearings regarding | ||||||
| 21 | proposals for and changes
in Agency or the Department | ||||||
| 22 | regulations. The Board may, at its
discretion, present the | ||||||
| 23 | Agency or the Department with its written
evaluation of the | ||||||
| 24 | proposed regulations or changes.
| ||||||
| 25 | Before the Department exempts any hazardous material
from | ||||||
| 26 | the placarding regulations, under Section 3 of this Act, the
| ||||||
| |||||||
| |||||||
| 1 | Board must approve the regulations providing for the exemption.
| ||||||
| 2 | (Source: P.A. 89-445, eff. 2-7-96; 90-449, eff. 8-16-97; | ||||||
| 3 | revised 10-20-15.)
| ||||||
| 4 | Section 490. The Firearm Owners Identification Card Act is | ||||||
| 5 | amended by changing Section 1.1 as follows:
| ||||||
| 6 | (430 ILCS 65/1.1) (from Ch. 38, par. 83-1.1)
| ||||||
| 7 | Sec. 1.1. For purposes of this Act:
| ||||||
| 8 | "Addicted to narcotics" means a person who has been: | ||||||
| 9 | (1) convicted of an offense involving the use or | ||||||
| 10 | possession of cannabis, a controlled substance, or | ||||||
| 11 | methamphetamine within the past year; or | ||||||
| 12 | (2) determined by the Department of State Police to be | ||||||
| 13 | addicted to narcotics based upon federal law or federal | ||||||
| 14 | guidelines. | ||||||
| 15 | "Addicted to narcotics" does not include possession or use | ||||||
| 16 | of a prescribed controlled substance under the direction and | ||||||
| 17 | authority of a physician or other person authorized to | ||||||
| 18 | prescribe the controlled substance when the controlled | ||||||
| 19 | substance is used in the prescribed manner. | ||||||
| 20 | "Adjudicated as a person with a mental disability" means | ||||||
| 21 | the person is the subject of a determination by a court, board, | ||||||
| 22 | commission or other lawful authority that the person, as a | ||||||
| 23 | result of marked subnormal intelligence, or mental illness, | ||||||
| 24 | mental impairment, incompetency, condition, or disease: | ||||||
| |||||||
| |||||||
| 1 | (1) presents a clear and present danger to himself, | ||||||
| 2 | herself, or to others; | ||||||
| 3 | (2) lacks the mental capacity to manage his or her own | ||||||
| 4 | affairs or is adjudicated a person with a disability as | ||||||
| 5 | defined in Section 11a-2 of the Probate Act of 1975; | ||||||
| 6 | (3) is not guilty in a criminal case by reason of | ||||||
| 7 | insanity, mental disease or defect; | ||||||
| 8 | (3.5) is guilty but mentally ill, as provided in | ||||||
| 9 | Section 5-2-6 of the Unified Code of Corrections; | ||||||
| 10 | (4) is incompetent to stand trial in a criminal case; | ||||||
| 11 | (5) is not guilty by reason of lack of mental | ||||||
| 12 | responsibility under Articles 50a and 72b of the Uniform | ||||||
| 13 | Code of Military Justice, 10 U.S.C. 850a, 876b;
| ||||||
| 14 | (6) is a sexually violent person under subsection (f) | ||||||
| 15 | of Section 5 of the Sexually Violent Persons Commitment | ||||||
| 16 | Act; | ||||||
| 17 | (7) is a sexually dangerous person under the Sexually | ||||||
| 18 | Dangerous Persons Act; | ||||||
| 19 | (8) is unfit to stand trial under the Juvenile Court | ||||||
| 20 | Act of 1987; | ||||||
| 21 | (9) is not guilty by reason of insanity under the | ||||||
| 22 | Juvenile Court Act of 1987; | ||||||
| 23 | (10) is subject to involuntary admission as an | ||||||
| 24 | inpatient as defined in Section 1-119 of the Mental Health | ||||||
| 25 | and Developmental Disabilities Code; | ||||||
| 26 | (11) is subject to involuntary admission as an | ||||||
| |||||||
| |||||||
| 1 | outpatient as defined in Section 1-119.1 of the Mental | ||||||
| 2 | Health and Developmental Disabilities Code; | ||||||
| 3 | (12) is subject to judicial admission as set forth in | ||||||
| 4 | Section 4-500 of the Mental Health and Developmental | ||||||
| 5 | Disabilities Code; or | ||||||
| 6 | (13) is subject to the provisions of the Interstate | ||||||
| 7 | Agreements on Sexually Dangerous Persons Act. | ||||||
| 8 | "Clear and present danger" means a person who: | ||||||
| 9 | (1) communicates a serious threat of physical violence | ||||||
| 10 | against a reasonably identifiable victim or poses a clear | ||||||
| 11 | and imminent risk of serious physical injury to himself, | ||||||
| 12 | herself, or another person as determined by a physician, | ||||||
| 13 | clinical psychologist, or qualified examiner; or | ||||||
| 14 | (2) demonstrates threatening physical or verbal | ||||||
| 15 | behavior, such as violent, suicidal, or assaultive | ||||||
| 16 | threats, actions, or other behavior, as determined by a | ||||||
| 17 | physician, clinical psychologist, qualified examiner, | ||||||
| 18 | school administrator, or law enforcement official. | ||||||
| 19 | "Clinical psychologist" has the meaning provided in | ||||||
| 20 | Section 1-103 of the Mental Health and Developmental | ||||||
| 21 | Disabilities Code. | ||||||
| 22 | "Controlled substance" means a controlled substance or | ||||||
| 23 | controlled substance analog as defined in the Illinois | ||||||
| 24 | Controlled Substances Act. | ||||||
| 25 | "Counterfeit" means to copy or imitate, without legal | ||||||
| 26 | authority, with
intent
to deceive. | ||||||
| |||||||
| |||||||
| 1 | disability | ||||||
| 2 | This disability results in the professional opinion of a | ||||||
| 3 | physician, clinical psychologist, or qualified examiner, in | ||||||
| 4 | significant functional limitations in 3 or more of the | ||||||
| 5 | following areas of major life activity: | ||||||
| 6 | (i) self-care; | ||||||
| 7 | (ii) receptive and expressive language; | ||||||
| 8 | (iii) learning; | ||||||
| 9 | (iv) mobility; or | ||||||
| 10 | (v) self-direction. | ||||||
| 11 | "Federally licensed firearm dealer" means a person who is | ||||||
| 12 | licensed as a federal firearms dealer under Section 923 of the | ||||||
| 13 | federal Gun Control Act of 1968 (18 U.S.C. 923).
| ||||||
| 14 | "Firearm" means any device, by
whatever name known, which | ||||||
| 15 | is designed to expel a projectile or projectiles
by the action | ||||||
| 16 | of an explosion, expansion of gas or escape of gas; excluding,
| ||||||
| 17 | however:
| ||||||
| 18 | (1) any pneumatic gun, spring gun, paint ball gun, or | ||||||
| 19 | B-B gun which
expels a single globular projectile not | ||||||
| 20 | exceeding .18 inch in
diameter or which has a maximum | ||||||
| 21 | muzzle velocity of less than 700 feet
per second;
| ||||||
| 22 | (1.1) any pneumatic gun, spring gun, paint ball gun, or | ||||||
| 23 | B-B gun which expels breakable paint balls containing | ||||||
| 24 | washable marking colors;
| ||||||
| 25 | (2) any device used exclusively for signalling or | ||||||
| 26 | safety and required or
recommended by the United States | ||||||
| |||||||
| |||||||
| 1 | Coast Guard or the Interstate Commerce
Commission;
| ||||||
| 2 | (3) any device used exclusively for the firing of stud | ||||||
| 3 | cartridges,
explosive rivets or similar industrial | ||||||
| 4 | ammunition; and
| ||||||
| 5 | (4) an antique firearm (other than a machine-gun) | ||||||
| 6 | which, although
designed as a weapon, the Department of | ||||||
| 7 | State Police finds by reason of
the date of its | ||||||
| 8 | manufacture, value, design, and other characteristics is
| ||||||
| 9 | primarily a collector's item and is not likely to be used | ||||||
| 10 | as a weapon.
| ||||||
| 11 | "Firearm ammunition" means any self-contained cartridge or | ||||||
| 12 | shotgun
shell, by whatever name known, which is designed to be | ||||||
| 13 | used or adaptable to
use in a firearm; excluding, however:
| ||||||
| 14 | (1) any ammunition exclusively designed for use with a | ||||||
| 15 | device used
exclusively for signalling or safety and | ||||||
| 16 | required or recommended by the
United States Coast Guard or | ||||||
| 17 | the Interstate Commerce Commission; and
| ||||||
| 18 | (2) any ammunition designed exclusively for use with a | ||||||
| 19 | stud or rivet
driver or other similar industrial | ||||||
| 20 | ammunition. | ||||||
| 21 | "Gun show" means an event or function: | ||||||
| 22 | (1) at which the sale and transfer of firearms is the | ||||||
| 23 | regular and normal course of business and where 50 or more | ||||||
| 24 | firearms are displayed, offered, or exhibited for sale, | ||||||
| 25 | transfer, or exchange; or | ||||||
| 26 | (2) at which not less than 10 gun show vendors display, | ||||||
| |||||||
| |||||||
| 1 | offer, or exhibit for sale, sell, transfer, or exchange | ||||||
| 2 | firearms.
| ||||||
| 3 | "Gun show" includes the entire premises provided for an | ||||||
| 4 | event or function, including parking areas for the event or | ||||||
| 5 | function, that is sponsored to facilitate the purchase, sale, | ||||||
| 6 | transfer, or exchange of firearms as described in this Section.
| ||||||
| 7 | Nothing in this definition shall be construed to exclude a gun | ||||||
| 8 | show held in conjunction with competitive shooting events at | ||||||
| 9 | the World Shooting Complex sanctioned by a national governing | ||||||
| 10 | body in which the sale or transfer of firearms is authorized | ||||||
| 11 | under subparagraph (5) of paragraph (g) of subsection (A) of | ||||||
| 12 | Section 24-3 of the Criminal Code of 2012. | ||||||
| 13 | Unless otherwise expressly stated, "gun show" does not | ||||||
| 14 | include training or safety classes, competitive shooting | ||||||
| 15 | events, such as rifle, shotgun, or handgun matches, trap, | ||||||
| 16 | skeet, or sporting clays shoots, dinners, banquets, raffles, or
| ||||||
| 17 | any other event where the sale or transfer of firearms is not | ||||||
| 18 | the primary course of business. | ||||||
| 19 | "Gun show promoter" means a person who organizes or | ||||||
| 20 | operates a gun show. | ||||||
| 21 | "Gun show vendor" means a person who exhibits, sells, | ||||||
| 22 | offers for sale, transfers, or exchanges any firearms at a gun | ||||||
| 23 | show, regardless of whether the person arranges with a gun show | ||||||
| 24 | promoter for a fixed location from which to exhibit, sell, | ||||||
| 25 | offer for sale, transfer, or exchange any firearm. | ||||||
| 26 | "Involuntarily admitted" has the meaning as prescribed in | ||||||
| |||||||
| |||||||
| 1 | Sections 1-119 and 1-119.1 of the Mental Health and | ||||||
| 2 | Developmental Disabilities Code. | ||||||
| 3 | "Mental health facility" means any licensed private | ||||||
| 4 | hospital or hospital affiliate, institution, or facility, or | ||||||
| 5 | part thereof, and any facility, or part thereof, operated by | ||||||
| 6 | the State or a political subdivision thereof which provide | ||||||
| 7 | treatment of persons with mental illness and includes all | ||||||
| 8 | hospitals, institutions, clinics, evaluation facilities, | ||||||
| 9 | mental health centers, colleges, universities, long-term care | ||||||
| 10 | facilities, and nursing homes, or parts thereof, which provide | ||||||
| 11 | treatment of persons with mental illness whether or not the | ||||||
| 12 | primary purpose is to provide treatment of persons with mental | ||||||
| 13 | illness. | ||||||
| 14 | "National governing body" means a group of persons who | ||||||
| 15 | adopt rules and formulate policy on behalf of a national | ||||||
| 16 | firearm sporting organization. | ||||||
| 17 | "Patient" means: | ||||||
| 18 | (1) a person who voluntarily receives mental health | ||||||
| 19 | treatment as an in-patient or resident of any public or | ||||||
| 20 | private mental health facility, unless the treatment was | ||||||
| 21 | solely for an alcohol abuse disorder and no other secondary | ||||||
| 22 | substance abuse disorder or mental illness; or | ||||||
| 23 | (2) a person who voluntarily receives mental health | ||||||
| 24 | treatment as an out-patient or is provided services by a | ||||||
| 25 | public or private mental health facility, and who poses a | ||||||
| 26 | clear and present danger to himself, herself, or to others. | ||||||
| |||||||
| |||||||
| 1 | "Person with a developmental disability" means a person | ||||||
| 2 | with a disability which is attributable to any other condition | ||||||
| 3 | which results in impairment similar to that caused by an | ||||||
| 4 | intellectual disability and which requires services similar to | ||||||
| 5 | those required by persons with intellectual disabilities. The | ||||||
| 6 | disability must originate before the age of 18
years, be | ||||||
| 7 | expected to continue indefinitely, and constitute a | ||||||
| 8 | substantial disability. This disability results, in the | ||||||
| 9 | professional opinion of a physician, clinical psychologist, or | ||||||
| 10 | qualified examiner, in significant functional limitations in 3 | ||||||
| 11 | or more of the following areas of major life activity: | ||||||
| 12 | (i) self-care; | ||||||
| 13 | (ii) receptive and expressive language; | ||||||
| 14 | (iii) learning; | ||||||
| 15 | (iv) mobility; or | ||||||
| 16 | (v) self-direction. | ||||||
| 17 | "Person with an intellectual disability" means a person | ||||||
| 18 | with a significantly subaverage general intellectual | ||||||
| 19 | functioning which exists concurrently with impairment in | ||||||
| 20 | adaptive behavior and which originates before the age of 18 | ||||||
| 21 | years. | ||||||
| 22 | "Physician" has the meaning as defined in Section 1-120 of | ||||||
| 23 | the Mental Health and Developmental Disabilities Code. | ||||||
| 24 | "Qualified examiner" has the meaning provided in Section | ||||||
| 25 | 1-122 of the Mental Health and Developmental Disabilities Code. | ||||||
| 26 | "Sanctioned competitive shooting event" means a shooting | ||||||
| |||||||
| |||||||
| 1 | contest officially recognized by a national or state shooting | ||||||
| 2 | sport association, and includes any sight-in or practice | ||||||
| 3 | conducted in conjunction with the event.
| ||||||
| 4 | "School administrator" means the person required to report | ||||||
| 5 | under the School Administrator Reporting of Mental Health Clear | ||||||
| 6 | and Present Danger Determinations Law. | ||||||
| 7 | "Stun gun or taser" has the meaning ascribed to it in | ||||||
| 8 | Section 24-1 of the Criminal Code of 2012. | ||||||
| 9 | (Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15; 99-143, | ||||||
| 10 | eff. 7-27-15; revised 10-20-15.)
| ||||||
| 11 | Section 495. The Beef Market Development Act is amended by | ||||||
| 12 | changing Section 7 as follows:
| ||||||
| 13 | (505 ILCS 25/7) (from Ch. 5, par. 1407)
| ||||||
| 14 | Sec. 7. Acceptance of grants and gifts. (a) The Checkoff | ||||||
| 15 | Division may accept
grants, donations, contributions, or gifts | ||||||
| 16 | from any source, provided the
use of such resources is not | ||||||
| 17 | restricted in any manner which is deemed inconsistent
with the | ||||||
| 18 | objectives of the program.
| ||||||
| 19 | (Source: P.A. 99-389, eff. 8-18-15; revised 10-16-15.)
| ||||||
| 20 | Section 500. The Illinois Conservation Enhancement Act is | ||||||
| 21 | amended by changing Section 2-2 as follows:
| ||||||
| 22 | (505 ILCS 35/2-2) (from Ch. 5, par. 2402-2)
| ||||||
| |||||||
| |||||||
| 1 | Sec. 2-2. Payments to the landowner. The Director shall, | ||||||
| 2 | subject to
available funds and appropriations, make the | ||||||
| 3 | following payments to the
landowner:
| ||||||
| 4 | (1) establishment of the perennial cover or other | ||||||
| 5 | improvements
required by the agreement, up to 60% of the cost, | ||||||
| 6 | but not to exceed $75 per
acre, for easements of limited | ||||||
| 7 | duration;
| ||||||
| 8 | (2) the cost of planting trees required by the agreement, | ||||||
| 9 | up to 80%
of the cost, but not to exceed $75 per acre, for | ||||||
| 10 | easements of limited duration;
| ||||||
| 11 | (3) a permanent easement, not to exceed 70% of the fair | ||||||
| 12 | market value
at the time the easement is conveyed, and payment | ||||||
| 13 | of 100% of the cost, but
not to exceed $75 per acre, to | ||||||
| 14 | establish the perennial cover, other
improvements or to plant | ||||||
| 15 | trees required by the agreement; and
| ||||||
| 16 | (4) an easement of limited duration, not to exceed 90% of | ||||||
| 17 | the
present value of the average of the acceptable bids for the | ||||||
| 18 | federal
Conservation Reserve Program, as contained in Public | ||||||
| 19 | Law Number 99-198, in
the relevant geographic area and on bids | ||||||
| 20 | made immediately prior to when the
easement is conveyed. If | ||||||
| 21 | federal bid figures have not been determined for
the area, or | ||||||
| 22 | the federal program has been discontinued, the rate paid shall
| ||||||
| 23 | be determined by the Director.
| ||||||
| 24 | The Director may not pay more than $50,000 annually to a | ||||||
| 25 | landowner for
the landowner's conservation easements and | ||||||
| 26 | agreements. Any cost-share
payments shall be in addition to | ||||||
| |||||||
| |||||||
| 1 | this $50,000 limit.
| ||||||
| 2 | The Director may supplement cost-share payments made under | ||||||
| 3 | other local,
State or federal programs, not to exceed $75 an | ||||||
| 4 | and acre, to the extent of
available appropriations. The | ||||||
| 5 | supplemental cost-share payments must be
used to establish | ||||||
| 6 | perennial cover on land enrolled in programs approved
by the | ||||||
| 7 | Director.
| ||||||
| 8 | (Source: P.A. 85-1332; revised 10-16-15.)
| ||||||
| 9 | Section 505. The Animal Control Act is amended by changing | ||||||
| 10 | Section 15 as follows:
| ||||||
| 11 | (510 ILCS 5/15) (from Ch. 8, par. 365)
| ||||||
| 12 | Sec. 15. (a) In order to have a dog deemed "vicious", the | ||||||
| 13 | Administrator,
Deputy
Administrator,
or law enforcement | ||||||
| 14 | officer must give notice of the
infraction that
is the basis of | ||||||
| 15 | the investigation to the owner, conduct a thorough
| ||||||
| 16 | investigation, interview
any witnesses, including the owner, | ||||||
| 17 | gather any existing medical records,
veterinary
medical | ||||||
| 18 | records or behavioral evidence, and make a detailed report | ||||||
| 19 | recommending
a
finding that the dog is a vicious dog and give | ||||||
| 20 | the report to the State's States
Attorney's Office and the
| ||||||
| 21 | owner. The Administrator, State's Attorney, Director or any | ||||||
| 22 | citizen of the
county in
which the dog exists may file a | ||||||
| 23 | complaint in the circuit court in the name of
the People of the
| ||||||
| 24 | State of
Illinois to deem a dog to be a vicious dog. Testimony | ||||||
| |||||||
| |||||||
| 1 | of a certified applied
behaviorist, a
board certified | ||||||
| 2 | veterinary behaviorist, or another recognized expert may be
| ||||||
| 3 | relevant to the
court's determination of whether the dog's | ||||||
| 4 | behavior was justified. The
petitioner must
prove the dog is a | ||||||
| 5 | vicious dog by clear and convincing evidence. The
Administrator | ||||||
| 6 | shall determine where the animal shall be confined during the
| ||||||
| 7 | pendency of the case.
| ||||||
| 8 | A dog may not be declared vicious if the court determines | ||||||
| 9 | the conduct of
the
dog was
justified because:
| ||||||
| 10 | (1) the threat, injury, or death was sustained by a | ||||||
| 11 | person who at the time
was
committing a crime or offense | ||||||
| 12 | upon the owner or custodian of the dog, or was committing a | ||||||
| 13 | willful trespass or other tort upon the premises or | ||||||
| 14 | property owned or occupied by the owner of the animal;
| ||||||
| 15 | (2) the injured, threatened, or killed person was | ||||||
| 16 | abusing,
assaulting,
or physically threatening the dog or | ||||||
| 17 | its offspring, or has in the past
abused,
assaulted, or | ||||||
| 18 | physically threatened the dog or its offspring; or
| ||||||
| 19 | (3) the dog was responding to pain or injury, or was | ||||||
| 20 | protecting itself, its
owner,
custodian, or member of its | ||||||
| 21 | household, kennel, or offspring.
| ||||||
| 22 | No dog shall be deemed "vicious" if it is a professionally | ||||||
| 23 | trained dog for
law
enforcement or guard duties. Vicious dogs | ||||||
| 24 | shall not be classified
in a manner that is specific as to | ||||||
| 25 | breed.
| ||||||
| 26 | If the burden of proof has been met, the court shall deem | ||||||
| |||||||
| |||||||
| 1 | the dog to be a
vicious dog.
| ||||||
| 2 | If a dog is found to be a vicious dog, the owner shall pay a | ||||||
| 3 | $100 public safety fine to be deposited into the Pet Population | ||||||
| 4 | Control Fund, the dog shall be spayed or
neutered within 10 | ||||||
| 5 | days of the finding at the expense of its
owner and | ||||||
| 6 | microchipped, if not already, and the dog is subject to
| ||||||
| 7 | enclosure. If an owner fails to comply with these requirements, | ||||||
| 8 | the animal control agency shall impound the dog and the owner | ||||||
| 9 | shall pay a $500 fine plus impoundment fees to the animal | ||||||
| 10 | control agency impounding the dog. The judge has the discretion | ||||||
| 11 | to order a vicious dog be euthanized. A dog found to be a | ||||||
| 12 | vicious dog shall not be released to the
owner until the | ||||||
| 13 | Administrator, an Animal Control Warden, or the
Director | ||||||
| 14 | approves the enclosure. No owner or
keeper of a vicious dog | ||||||
| 15 | shall sell or give away the dog without
approval from the | ||||||
| 16 | Administrator or court. Whenever an owner of a vicious dog | ||||||
| 17 | relocates, he or she shall notify
both the
Administrator of
| ||||||
| 18 | County
Animal Control where he or she has relocated and the | ||||||
| 19 | Administrator of County
Animal Control where he or she formerly | ||||||
| 20 | resided.
| ||||||
| 21 | (b) It shall be unlawful for any person to keep or maintain | ||||||
| 22 | any dog
which has been found to be a vicious dog unless the dog | ||||||
| 23 | is
kept in an enclosure. The only times that a vicious dog may | ||||||
| 24 | be allowed out
of the enclosure are (1) if it is necessary for | ||||||
| 25 | the owner or keeper to
obtain veterinary care for the dog, (2) | ||||||
| 26 | in the case of an emergency or
natural disaster where the
dog's | ||||||
| |||||||
| |||||||
| 1 | life is threatened, or (3) to comply with the order of a
court | ||||||
| 2 | of competent jurisdiction, provided that the dog is securely | ||||||
| 3 | muzzled
and restrained with a leash not
exceeding 6 feet in | ||||||
| 4 | length, and shall be under the direct control and
supervision | ||||||
| 5 | of the owner or keeper of the dog or muzzled in its residence.
| ||||||
| 6 | Any dog which has been found to be a vicious dog and which | ||||||
| 7 | is not
confined to an enclosure shall be impounded by the | ||||||
| 8 | Administrator, an Animal
Control Warden, or the law enforcement | ||||||
| 9 | authority having jurisdiction in
such area.
| ||||||
| 10 | If the owner of the dog has not appealed the impoundment | ||||||
| 11 | order to the
circuit court in the county in which the animal | ||||||
| 12 | was impounded within 15
working days, the dog may be | ||||||
| 13 | euthanized.
| ||||||
| 14 | Upon filing a notice of appeal, the order of euthanasia | ||||||
| 15 | shall be
automatically stayed pending the outcome of the | ||||||
| 16 | appeal. The owner shall bear
the burden of timely notification | ||||||
| 17 | to animal control in writing.
| ||||||
| 18 | Guide dogs for the blind or hearing impaired, support dogs | ||||||
| 19 | for persons with physical disabilities, accelerant detection | ||||||
| 20 | dogs, and sentry, guard, or
police-owned dogs are
exempt from | ||||||
| 21 | this Section; provided, an attack or injury to a person
occurs | ||||||
| 22 | while the dog is performing duties as expected. To qualify for
| ||||||
| 23 | exemption under this Section, each such dog shall be currently
| ||||||
| 24 | inoculated against rabies in accordance with Section 8
of this | ||||||
| 25 | Act. It shall be the duty of the owner of such exempted dog to
| ||||||
| 26 | notify the Administrator of changes of address. In the case of | ||||||
| |||||||
| |||||||
| 1 | a sentry or
guard dog, the owner shall keep the Administrator | ||||||
| 2 | advised of the location
where such dog will be stationed. The | ||||||
| 3 | Administrator shall provide police
and fire departments with a | ||||||
| 4 | categorized list of such exempted dogs, and
shall promptly | ||||||
| 5 | notify such departments of any address changes reported to him.
| ||||||
| 6 | (c) If the animal control agency has custody of the dog, | ||||||
| 7 | the agency may file a petition with the court requesting that | ||||||
| 8 | the owner be ordered to post security. The security must be in | ||||||
| 9 | an amount sufficient to secure payment of all reasonable | ||||||
| 10 | expenses expected to be incurred by the animal control agency | ||||||
| 11 | or animal shelter in caring for and providing for the dog | ||||||
| 12 | pending the determination. Reasonable expenses include, but | ||||||
| 13 | are not limited to, estimated medical care and boarding of the | ||||||
| 14 | animal for 30 days. If security has been posted in accordance | ||||||
| 15 | with this Section, the animal control agency may draw from the | ||||||
| 16 | security the actual costs incurred by the agency in caring for | ||||||
| 17 | the dog. | ||||||
| 18 | (d) Upon receipt of a petition, the court must set a | ||||||
| 19 | hearing on the petition, to be conducted within 5 business days | ||||||
| 20 | after the petition is filed. The petitioner must serve a true | ||||||
| 21 | copy of the petition upon the defendant. | ||||||
| 22 | (e) If the court orders the posting of security, the | ||||||
| 23 | security must be posted with the clerk of the court within 5 | ||||||
| 24 | business days after the hearing. If the person ordered to post | ||||||
| 25 | security does not do so, the dog is forfeited by operation of | ||||||
| 26 | law and the animal control agency must dispose of the animal | ||||||
| |||||||
| |||||||
| 1 | through adoption or humane euthanization.
| ||||||
| 2 | (Source: P.A. 99-143, eff. 7-27-15; revised 10-20-15.)
| ||||||
| 3 | Section 510. The Herptiles-Herps Act is amended by changing | ||||||
| 4 | Section 80-5 as follows:
| ||||||
| 5 | (510 ILCS 68/80-5)
| ||||||
| 6 | Sec. 80-5. Injury to a member of public by special use | ||||||
| 7 | herptiles. A person who possesses a special use herptile | ||||||
| 8 | without complying with the requirements of this Act and the | ||||||
| 9 | rules adopted under the authority of this Act and whose special | ||||||
| 10 | use herptile harms a person when the possessor knew or should | ||||||
| 11 | have known that the herptile had a propensity, when provoked or | ||||||
| 12 | unprovoked, to harm, cause injury to, or otherwise | ||||||
| 13 | substantially endanger a member of the public is guilty of a | ||||||
| 14 | Class A misdemeanor. A person who fails to comply with the | ||||||
| 15 | provisions of this Act and the rules adopted under the | ||||||
| 16 | authority of this Act and who intentionally or knowingly allows | ||||||
| 17 | allow a special use herptile to cause great bodily harm to, or | ||||||
| 18 | the death of, a human is guilty of a Class 4 felony.
| ||||||
| 19 | (Source: P.A. 98-752, eff. 1-1-15; revised 10-20-15.)
| ||||||
| 20 | Section 515. The Humane Care for Animals Act is amended by | ||||||
| 21 | changing Section 3.01 as follows:
| ||||||
| 22 | (510 ILCS 70/3.01) (from Ch. 8, par. 703.01)
| ||||||
| |||||||
| |||||||
| 1 | Sec. 3.01. Cruel treatment. | ||||||
| 2 | (a) No person or owner may beat, cruelly treat,
torment, | ||||||
| 3 | starve, overwork or otherwise abuse any animal.
| ||||||
| 4 | (b) No owner may abandon any animal where it may become a | ||||||
| 5 | public charge or
may suffer injury, hunger or exposure.
| ||||||
| 6 | (c) No owner of a dog or cat that is a companion animal may | ||||||
| 7 | expose the dog or cat in a manner that places the dog or cat in | ||||||
| 8 | a life-threatening situation for a prolonged period of time in | ||||||
| 9 | extreme heat or cold conditions that results in injury to or | ||||||
| 10 | death of the animal. | ||||||
| 11 | (d) (c) A person convicted of violating this Section is | ||||||
| 12 | guilty of a Class A
misdemeanor. A second or subsequent | ||||||
| 13 | conviction for a violation of this Section
is a Class 4 felony. | ||||||
| 14 | In addition to any other penalty provided by law, a person who | ||||||
| 15 | is convicted of violating subsection (a) upon a companion | ||||||
| 16 | animal in the presence of a child, as defined in Section 12-0.1 | ||||||
| 17 | of the Criminal Code of 2012, shall be subject to a fine of | ||||||
| 18 | $250 and ordered to perform community service for not less than | ||||||
| 19 | 100 hours. In addition to any other penalty provided by law, | ||||||
| 20 | upon
conviction for violating this Section, the court may order | ||||||
| 21 | the convicted person
to undergo a psychological or psychiatric | ||||||
| 22 | evaluation and to undergo any
treatment at the convicted | ||||||
| 23 | person's expense that the court determines to be
appropriate | ||||||
| 24 | after due consideration of the evidence. If the convicted | ||||||
| 25 | person
is a juvenile or a companion animal hoarder, the court | ||||||
| 26 | must order the convicted
person to undergo a psychological or | ||||||
| |||||||
| |||||||
| 1 | psychiatric evaluation and to undergo
treatment that the court | ||||||
| 2 | determines to be appropriate after due consideration
of the | ||||||
| 3 | evaluation.
| ||||||
| 4 | (Source: P.A. 99-311, eff. 1-1-16; 99-357, eff. 1-1-16; revised | ||||||
| 5 | 10-20-15.)
| ||||||
| 6 | Section 520. The Wildlife Code is amended by changing | ||||||
| 7 | Sections 2.26, 2.33, and 3.31 as follows:
| ||||||
| 8 | (520 ILCS 5/2.26) (from Ch. 61, par. 2.26)
| ||||||
| 9 | Sec. 2.26. Deer hunting permits. In this Section,
"bona | ||||||
| 10 | fide equity shareholder" means an individual who (1) purchased, | ||||||
| 11 | for
market price, publicly sold stock shares in a corporation,
| ||||||
| 12 | purchased shares of a privately-held corporation for a value
| ||||||
| 13 | equal to the percentage of the appraised value of the corporate | ||||||
| 14 | assets
represented by the ownership in the corporation, or is a | ||||||
| 15 | member of a
closely-held family-owned corporation and has | ||||||
| 16 | purchased or been gifted with
shares of stock in the | ||||||
| 17 | corporation accurately reflecting his or her
percentage of | ||||||
| 18 | ownership and (2) intends to retain the ownership of the
shares | ||||||
| 19 | of stock for at least 5 years.
| ||||||
| 20 | In this Section, "bona fide equity member" means an | ||||||
| 21 | individual who (1) (i)
became a member
upon
the formation of | ||||||
| 22 | the limited liability company or (ii) has purchased a
| ||||||
| 23 | distributional interest in a limited liability company for a | ||||||
| 24 | value equal to the
percentage of the appraised value of the LLC | ||||||
| |||||||
| |||||||
| 1 | assets represented by the
distributional interest in the LLC | ||||||
| 2 | and subsequently becomes a member of the
company
pursuant to | ||||||
| 3 | Article 30 of the Limited Liability Company Act and who (2)
| ||||||
| 4 | intends to retain the membership for at least 5 years.
| ||||||
| 5 | In this Section, "bona fide equity partner" means an | ||||||
| 6 | individual who (1) (i) became a partner, either general or | ||||||
| 7 | limited, upon the formation of a partnership or limited | ||||||
| 8 | partnership, or (ii) has purchased, acquired, or been gifted a | ||||||
| 9 | partnership interest accurately representing his or her | ||||||
| 10 | percentage distributional interest in the profits, losses, and | ||||||
| 11 | assets of a partnership or limited partnership, (2) intends to | ||||||
| 12 | retain ownership of the partnership interest for at least 5 | ||||||
| 13 | years, and (3) is a resident of Illinois.
| ||||||
| 14 | Any person attempting to take deer shall first obtain a | ||||||
| 15 | "Deer
Hunting Permit" issued by the Department in accordance | ||||||
| 16 | with its administrative rules.
Those rules must provide for the | ||||||
| 17 | issuance of the following types of resident deer archery | ||||||
| 18 | permits: (i) a combination permit, consisting of one either-sex | ||||||
| 19 | permit and one antlerless-only permit, (ii) a single | ||||||
| 20 | antlerless-only permit, and (iii) a single either-sex permit. | ||||||
| 21 | The fee for a Deer Hunting Permit to take deer with either bow | ||||||
| 22 | and arrow or gun
shall not exceed $25.00 for residents of the | ||||||
| 23 | State. The Department may by
administrative rule provide for | ||||||
| 24 | non-resident deer hunting permits for which the
fee will not | ||||||
| 25 | exceed $300 in 2005, $350 in 2006, and $400 in 2007 and | ||||||
| 26 | thereafter except as provided below for non-resident | ||||||
| |||||||
| |||||||
| 1 | landowners
and non-resident archery hunters. The Department | ||||||
| 2 | may by
administrative rule provide for a non-resident archery | ||||||
| 3 | deer permit consisting
of not more than 2 harvest tags at a | ||||||
| 4 | total cost not to exceed $325 in 2005, $375 in 2006, and $425 | ||||||
| 5 | in 2007 and thereafter.
Permits shall be issued without charge | ||||||
| 6 | to:
| ||||||
| 7 | (a) Illinois landowners residing in Illinois who own at | ||||||
| 8 | least 40 acres of
Illinois land and wish to hunt their land | ||||||
| 9 | only,
| ||||||
| 10 | (b) resident tenants of at least 40 acres of commercial | ||||||
| 11 | agricultural land
where they will hunt, and
| ||||||
| 12 | (c) Bona fide equity shareholders of a corporation,
| ||||||
| 13 | bona fide
equity
members of a limited liability
company, or | ||||||
| 14 | bona fide equity partners of a general or limited | ||||||
| 15 | partnership
which owns at least 40 acres of land
in a | ||||||
| 16 | county in Illinois who wish to hunt on the corporation's, | ||||||
| 17 | company's, or partnership's land only.
One permit shall be | ||||||
| 18 | issued without charge to one bona fide equity
shareholder, | ||||||
| 19 | one bona fide equity member, or one bona fide equity | ||||||
| 20 | partner for each 40
acres of land owned by the corporation, | ||||||
| 21 | company, or partnership in
a county; however, the number of
| ||||||
| 22 | permits issued without charge to bona fide equity | ||||||
| 23 | shareholders of any
corporation or bona fide equity members
| ||||||
| 24 | of a limited
liability company in any
county shall not | ||||||
| 25 | exceed 15, and shall not exceed 3 in the case of bona fide | ||||||
| 26 | equity partners of a partnership.
| ||||||
| |||||||
| |||||||
| 1 | Bona fide landowners or tenants who do not wish to hunt | ||||||
| 2 | only on the land
they own, rent, or lease or bona fide equity | ||||||
| 3 | shareholders, bona fide
equity
members, or bona fide equity | ||||||
| 4 | partners who do not wish to hunt
only on the
land owned by the | ||||||
| 5 | corporation, limited liability company, or partnership
shall | ||||||
| 6 | be
charged the same fee as the
applicant who is not a | ||||||
| 7 | landowner, tenant, bona fide equity
shareholder,
bona fide | ||||||
| 8 | equity member, or bona fide equity partner. Nonresidents
of
| ||||||
| 9 | Illinois who own at least 40 acres of land and wish to hunt on | ||||||
| 10 | their land only
shall be charged a fee set by administrative | ||||||
| 11 | rule. The method for
obtaining these permits shall be | ||||||
| 12 | prescribed by administrative rule.
| ||||||
| 13 | The deer hunting permit issued without fee shall be valid | ||||||
| 14 | on
all farm lands which the person to whom it is issued owns, | ||||||
| 15 | leases or rents,
except that in the case of a permit issued to | ||||||
| 16 | a bona fide equity
shareholder, bona fide equity member, or | ||||||
| 17 | bona fide equity partner, the
permit shall
be valid on all | ||||||
| 18 | lands owned by the corporation, limited liability
company, or | ||||||
| 19 | partnership in the county.
| ||||||
| 20 | The standards and specifications for use of guns and bow | ||||||
| 21 | and arrow for
deer hunting shall be established by | ||||||
| 22 | administrative rule.
| ||||||
| 23 | No person may have in his possession any firearm not | ||||||
| 24 | authorized by
administrative rule for a specific hunting season | ||||||
| 25 | when taking deer.
| ||||||
| 26 | Persons having a firearm deer hunting permit shall be | ||||||
| |||||||
| |||||||
| 1 | permitted to
take deer only during the period from 1/2 hour | ||||||
| 2 | before sunrise to
1/2 hour after sunset, and only during those | ||||||
| 3 | days for which an open season is
established for the taking of | ||||||
| 4 | deer by use of shotgun, handgun, or muzzle
loading
rifle.
| ||||||
| 5 | Persons having an archery deer hunting permit shall be | ||||||
| 6 | permitted to
take deer only during the period from 1/2 hour | ||||||
| 7 | before sunrise to 1/2 hour
after sunset, and only during those | ||||||
| 8 | days for which an open season is
established for the taking of | ||||||
| 9 | deer by use of bow and arrow.
| ||||||
| 10 | It shall be unlawful for any person to take deer by use of | ||||||
| 11 | dogs,
horses, automobiles, aircraft or other vehicles, or by | ||||||
| 12 | the use
or aid of bait or baiting of any kind. For the purposes | ||||||
| 13 | of this Section, "bait" means any material, whether liquid or | ||||||
| 14 | solid, including food, salt, minerals, and other products, | ||||||
| 15 | except pure water, that can be ingested, placed, or scattered | ||||||
| 16 | in such a manner as to attract or lure white-tailed deer. | ||||||
| 17 | "Baiting" means the placement or scattering of bait to attract | ||||||
| 18 | deer. An area is considered as baited during the presence
of | ||||||
| 19 | and for 10 consecutive days following the removal of bait. | ||||||
| 20 | Nothing in this Section shall prohibit the use of a dog to | ||||||
| 21 | track wounded deer. Any person using a dog for tracking wounded | ||||||
| 22 | deer must maintain physical control of the dog at all times by | ||||||
| 23 | means of a maximum 50 foot lead attached to the dog's collar or | ||||||
| 24 | harness. Tracking wounded deer is permissible at night, but at | ||||||
| 25 | no time outside of legal deer hunting hours or seasons shall | ||||||
| 26 | any person handling or accompanying a dog being used for | ||||||
| |||||||
| |||||||
| 1 | tracking wounded deer be in possession of any firearm or | ||||||
| 2 | archery device. Persons tracking wounded deer with a dog during | ||||||
| 3 | the firearm deer seasons shall wear blaze orange as required. | ||||||
| 4 | Dog handlers tracking wounded deer with a dog are exempt from | ||||||
| 5 | hunting license and deer permit requirements so long as they | ||||||
| 6 | are accompanied by the licensed deer hunter who wounded the | ||||||
| 7 | deer.
| ||||||
| 8 | It shall be unlawful to possess or transport any wild deer | ||||||
| 9 | which has
been injured or killed in any manner upon a public | ||||||
| 10 | highway or public
right-of-way of this State unless exempted by | ||||||
| 11 | administrative rule.
| ||||||
| 12 | Persons hunting deer must have gun unloaded and no bow and | ||||||
| 13 | arrow
device shall be carried with the arrow in the nocked | ||||||
| 14 | position during
hours when deer hunting is unlawful.
| ||||||
| 15 | It shall be unlawful for any person, having taken the legal | ||||||
| 16 | limit of
deer by gun, to further participate with gun in any | ||||||
| 17 | deer hunting party.
| ||||||
| 18 | It shall be unlawful for any person, having taken the legal | ||||||
| 19 | limit
of deer by bow and arrow, to further participate with bow | ||||||
| 20 | and arrow in any
deer hunting party.
| ||||||
| 21 | The Department may prohibit upland game hunting during the | ||||||
| 22 | gun deer
season by administrative rule.
| ||||||
| 23 | The Department shall not limit the number of non-resident, | ||||||
| 24 | either-sex either sex archery deer hunting permits to less than | ||||||
| 25 | 20,000.
| ||||||
| 26 | Any person who violates any of the provisions of this | ||||||
| |||||||
| |||||||
| 1 | Section,
including administrative rules, shall be guilty of a | ||||||
| 2 | Class B misdemeanor.
| ||||||
| 3 | For the purposes of calculating acreage under this Section, | ||||||
| 4 | the Department shall, after determining the total acreage of | ||||||
| 5 | the applicable tract or tracts of land, round remaining | ||||||
| 6 | fractional portions of an acre greater than or equal to half of | ||||||
| 7 | an acre up to the next whole acre. | ||||||
| 8 | For the purposes of taking white-tailed deer, nothing in | ||||||
| 9 | this Section shall be construed to prevent the manipulation, | ||||||
| 10 | including mowing or cutting, of standing crops as a normal | ||||||
| 11 | agricultural or soil stabilization practice, food plots, or | ||||||
| 12 | normal agricultural practices, including planting, harvesting, | ||||||
| 13 | and maintenance such as cultivating or the use of products | ||||||
| 14 | designed for scent only and not capable of ingestion, solid or | ||||||
| 15 | liquid, placed or scattered, in such a manner as to attract or | ||||||
| 16 | lure deer. Such manipulation for the purpose of taking | ||||||
| 17 | white-tailed deer may be further modified by administrative | ||||||
| 18 | rule. | ||||||
| 19 | (Source: P.A. 97-564, eff. 8-25-11; 97-907, eff. 8-7-12; | ||||||
| 20 | 98-180, eff. 8-5-13; revised 10-20-15.)
| ||||||
| 21 | (520 ILCS 5/2.33) (from Ch. 61, par. 2.33)
| ||||||
| 22 | Sec. 2.33. Prohibitions.
| ||||||
| 23 | (a) It is unlawful to carry or possess any gun in any
State | ||||||
| 24 | refuge unless otherwise permitted by administrative rule.
| ||||||
| 25 | (b) It is unlawful to use or possess any snare or | ||||||
| |||||||
| |||||||
| 1 | snare-like device,
deadfall, net, or pit trap to take any | ||||||
| 2 | species, except that snares not
powered by springs or other | ||||||
| 3 | mechanical devices may be used to trap
fur-bearing mammals, in | ||||||
| 4 | water sets only, if at least one-half of the snare
noose is | ||||||
| 5 | located underwater at all times.
| ||||||
| 6 | (c) It is unlawful for any person at any time to take a | ||||||
| 7 | wild mammal
protected by this Act from its den by means of any | ||||||
| 8 | mechanical device,
spade, or digging device or to use smoke or | ||||||
| 9 | other gases to dislodge or
remove such mammal except as | ||||||
| 10 | provided in Section 2.37.
| ||||||
| 11 | (d) It is unlawful to use a ferret or any other small | ||||||
| 12 | mammal which is
used in the same or similar manner for which | ||||||
| 13 | ferrets are used for the
purpose of frightening or driving any | ||||||
| 14 | mammals from their dens or hiding places.
| ||||||
| 15 | (e) (Blank).
| ||||||
| 16 | (f) It is unlawful to use spears, gigs, hooks or any like | ||||||
| 17 | device to
take any species protected by this Act.
| ||||||
| 18 | (g) It is unlawful to use poisons, chemicals or explosives | ||||||
| 19 | for the
purpose of taking any species protected by this Act.
| ||||||
| 20 | (h) It is unlawful to hunt adjacent to or near any peat, | ||||||
| 21 | grass,
brush or other inflammable substance when it is burning.
| ||||||
| 22 | (i) It is unlawful to take, pursue or intentionally harass | ||||||
| 23 | or disturb
in any manner any wild birds or mammals by use or | ||||||
| 24 | aid of any vehicle or
conveyance, except as permitted by the | ||||||
| 25 | Code of Federal Regulations for the
taking of waterfowl. It is | ||||||
| 26 | also unlawful to use the lights of any vehicle
or conveyance or | ||||||
| |||||||
| |||||||
| 1 | any light from or any light connected to the
vehicle or | ||||||
| 2 | conveyance in any area where wildlife may be found except in
| ||||||
| 3 | accordance with Section 2.37 of this Act; however, nothing in | ||||||
| 4 | this
Section shall prohibit the normal use of headlamps for the | ||||||
| 5 | purpose of driving
upon a roadway. Striped skunk, opossum, red | ||||||
| 6 | fox, gray
fox, raccoon, bobcat, and coyote may be taken during | ||||||
| 7 | the open season by use of a small
light which is worn on the | ||||||
| 8 | body or hand-held by a person on foot and not in any
vehicle.
| ||||||
| 9 | (j) It is unlawful to use any shotgun larger than 10 gauge | ||||||
| 10 | while
taking or attempting to take any of the species protected | ||||||
| 11 | by this Act.
| ||||||
| 12 | (k) It is unlawful to use or possess in the field any | ||||||
| 13 | shotgun shell loaded
with a shot size larger than lead BB or | ||||||
| 14 | steel T (.20 diameter) when taking or
attempting to take any | ||||||
| 15 | species of wild game mammals (excluding white-tailed
deer), | ||||||
| 16 | wild game birds, migratory waterfowl or migratory game birds | ||||||
| 17 | protected
by this Act, except white-tailed deer as provided for | ||||||
| 18 | in Section 2.26 and other
species as provided for by subsection | ||||||
| 19 | (l) or administrative rule.
| ||||||
| 20 | (l) It is unlawful to take any species of wild game, except
| ||||||
| 21 | white-tailed deer and fur-bearing mammals, with a shotgun | ||||||
| 22 | loaded with slugs unless otherwise
provided for by | ||||||
| 23 | administrative rule.
| ||||||
| 24 | (m) It is unlawful to use any shotgun capable of holding | ||||||
| 25 | more than 3
shells in the magazine or chamber combined, except | ||||||
| 26 | on game breeding and
hunting preserve areas licensed under | ||||||
| |||||||
| |||||||
| 1 | Section 3.27 and except as permitted by
the Code of Federal | ||||||
| 2 | Regulations for the taking of waterfowl. If the shotgun
is | ||||||
| 3 | capable of holding more than 3 shells, it shall, while being | ||||||
| 4 | used on an
area other than a game breeding and shooting | ||||||
| 5 | preserve area licensed
pursuant to Section 3.27, be fitted with | ||||||
| 6 | a one piece plug that is
irremovable without dismantling the | ||||||
| 7 | shotgun or otherwise altered to
render it incapable of holding | ||||||
| 8 | more than 3 shells in the magazine and
chamber, combined.
| ||||||
| 9 | (n) It is unlawful for any person, except persons who | ||||||
| 10 | possess a permit to
hunt from a vehicle as provided in this | ||||||
| 11 | Section and persons otherwise permitted
by law, to have or | ||||||
| 12 | carry any gun in or on any vehicle, conveyance or aircraft,
| ||||||
| 13 | unless such gun is unloaded and enclosed in a case, except that | ||||||
| 14 | at field trials
authorized by Section 2.34 of this Act, | ||||||
| 15 | unloaded guns or guns loaded with blank
cartridges only, may be | ||||||
| 16 | carried on horseback while not contained in a case, or
to have | ||||||
| 17 | or carry any bow or arrow device in or on any vehicle unless | ||||||
| 18 | such bow
or arrow device is unstrung or enclosed in a case, or | ||||||
| 19 | otherwise made
inoperable.
| ||||||
| 20 | (o) It is unlawful to use any crossbow for the purpose of | ||||||
| 21 | taking any
wild birds or mammals, except as provided for in | ||||||
| 22 | Section 2.5.
| ||||||
| 23 | (p) It is unlawful to take game birds, migratory game birds | ||||||
| 24 | or
migratory waterfowl with a rifle, pistol, revolver or | ||||||
| 25 | airgun.
| ||||||
| 26 | (q) It is unlawful to fire a rifle, pistol, revolver or | ||||||
| |||||||
| |||||||
| 1 | airgun on,
over or into any waters of this State, including | ||||||
| 2 | frozen waters.
| ||||||
| 3 | (r) It is unlawful to discharge any gun or bow and arrow | ||||||
| 4 | device
along, upon, across, or from any public right-of-way or | ||||||
| 5 | highway in this State.
| ||||||
| 6 | (s) It is unlawful to use a silencer or other device to | ||||||
| 7 | muffle or
mute the sound of the explosion or report resulting | ||||||
| 8 | from the firing of
any gun.
| ||||||
| 9 | (t) It is unlawful for any person to take or attempt to | ||||||
| 10 | take any species of wildlife or parts thereof, intentionally or | ||||||
| 11 | wantonly allow a dog to
hunt, within or upon the land of | ||||||
| 12 | another, or upon waters flowing over or
standing on the land of | ||||||
| 13 | another, or to knowingly shoot a gun or bow and arrow device at | ||||||
| 14 | any wildlife physically on or flying over the property of | ||||||
| 15 | another without first obtaining permission from
the owner or | ||||||
| 16 | the owner's designee. For the purposes of this Section, the | ||||||
| 17 | owner's designee means anyone who the owner designates in a | ||||||
| 18 | written authorization and the authorization must contain (i) | ||||||
| 19 | the legal or common description of property for such authority | ||||||
| 20 | is given, (ii) the extent that the owner's designee is | ||||||
| 21 | authorized to make decisions regarding who is allowed to take | ||||||
| 22 | or attempt to take any species of wildlife or parts thereof, | ||||||
| 23 | and (iii) the owner's notarized signature. Before enforcing | ||||||
| 24 | this
Section the law enforcement officer must have received | ||||||
| 25 | notice from the
owner or the owner's designee of a violation of | ||||||
| 26 | this Section. Statements made to the
law enforcement officer | ||||||
| |||||||
| |||||||
| 1 | regarding this notice shall not be rendered
inadmissible by the | ||||||
| 2 | hearsay rule when offered for the purpose of showing the
| ||||||
| 3 | required notice.
| ||||||
| 4 | (u) It is unlawful for any person to discharge any firearm | ||||||
| 5 | for the purpose
of taking any of the species protected by this | ||||||
| 6 | Act, or hunt with gun or
dog, or intentionally or wantonly | ||||||
| 7 | allow a dog to hunt, within 300 yards of an inhabited dwelling | ||||||
| 8 | without
first obtaining permission from the owner or tenant, | ||||||
| 9 | except that while
trapping, hunting with bow and arrow, hunting | ||||||
| 10 | with dog and shotgun using shot
shells only, or hunting with | ||||||
| 11 | shotgun using shot shells only, or providing outfitting | ||||||
| 12 | services under a waterfowl outfitter permit, or
on licensed | ||||||
| 13 | game breeding and hunting preserve areas, as defined in Section
| ||||||
| 14 | 3.27, on
federally owned and managed lands and on Department | ||||||
| 15 | owned, managed, leased, or
controlled lands, a 100 yard | ||||||
| 16 | restriction shall apply.
| ||||||
| 17 | (v) It is unlawful for any person to remove fur-bearing | ||||||
| 18 | mammals from, or
to move or disturb in any manner, the traps | ||||||
| 19 | owned by another person without
written authorization of the | ||||||
| 20 | owner to do so.
| ||||||
| 21 | (w) It is unlawful for any owner of a dog to knowingly or | ||||||
| 22 | wantonly allow
his or her dog to pursue, harass or kill deer, | ||||||
| 23 | except that nothing in this Section shall prohibit the tracking | ||||||
| 24 | of wounded deer with a dog in accordance with the provisions of | ||||||
| 25 | Section 2.26 of this Code.
| ||||||
| 26 | (x) It is unlawful for any person to wantonly or carelessly | ||||||
| |||||||
| |||||||
| 1 | injure
or destroy, in any manner whatsoever, any real or | ||||||
| 2 | personal property on
the land of another while engaged in | ||||||
| 3 | hunting or trapping thereon.
| ||||||
| 4 | (y) It is unlawful to hunt wild game protected by this Act | ||||||
| 5 | between one
half hour after sunset and one half hour before | ||||||
| 6 | sunrise, except that
hunting hours between one half hour after | ||||||
| 7 | sunset and one half hour
before sunrise may be established by | ||||||
| 8 | administrative rule for fur-bearing
mammals.
| ||||||
| 9 | (z) It is unlawful to take any game bird (excluding wild | ||||||
| 10 | turkeys and
crippled pheasants not capable of normal flight and | ||||||
| 11 | otherwise irretrievable)
protected by this Act when not flying. | ||||||
| 12 | Nothing in this Section shall prohibit
a person from carrying | ||||||
| 13 | an uncased, unloaded shotgun in a boat, while in pursuit
of a | ||||||
| 14 | crippled migratory waterfowl that is incapable of normal | ||||||
| 15 | flight, for the
purpose of attempting to reduce the migratory | ||||||
| 16 | waterfowl to possession, provided
that the attempt is made | ||||||
| 17 | immediately upon downing the migratory waterfowl and
is done | ||||||
| 18 | within 400 yards of the blind from which the migratory | ||||||
| 19 | waterfowl was
downed. This exception shall apply only to | ||||||
| 20 | migratory game birds that are not
capable of normal flight. | ||||||
| 21 | Migratory waterfowl that are crippled may be taken
only with a | ||||||
| 22 | shotgun as regulated by subsection (j) of this Section using
| ||||||
| 23 | shotgun shells as regulated in subsection (k) of this Section.
| ||||||
| 24 | (aa) It is unlawful to use or possess any device that may | ||||||
| 25 | be used for
tree climbing or cutting, while hunting fur-bearing | ||||||
| 26 | mammals, excluding coyotes.
| ||||||
| |||||||
| |||||||
| 1 | (bb) It is unlawful for any person, except licensed game | ||||||
| 2 | breeders,
pursuant to Section 2.29 to import, carry into, or | ||||||
| 3 | possess alive in this
State any species of wildlife taken | ||||||
| 4 | outside of this State, without
obtaining permission to do so | ||||||
| 5 | from the Director.
| ||||||
| 6 | (cc) It is unlawful for any person to have in his or her
| ||||||
| 7 | possession any freshly killed species protected by this Act | ||||||
| 8 | during the season
closed for taking.
| ||||||
| 9 | (dd) It is unlawful to take any species protected by this | ||||||
| 10 | Act and retain
it alive except as provided by administrative | ||||||
| 11 | rule.
| ||||||
| 12 | (ee) It is unlawful to possess any rifle while in the field | ||||||
| 13 | during gun
deer season except as provided in Section 2.26 and | ||||||
| 14 | administrative rules.
| ||||||
| 15 | (ff) It is unlawful for any person to take any species | ||||||
| 16 | protected by
this Act, except migratory waterfowl, during the | ||||||
| 17 | gun deer hunting season in
those counties open to gun deer | ||||||
| 18 | hunting, unless he or she wears, when in
the field, a cap and | ||||||
| 19 | upper outer garment of a solid blaze orange color, with
such | ||||||
| 20 | articles of clothing displaying a minimum of 400 square inches | ||||||
| 21 | of
blaze orange material.
| ||||||
| 22 | (gg) It is unlawful during the upland game season for any | ||||||
| 23 | person to take
upland game with a firearm unless he or she | ||||||
| 24 | wears, while in the field, a
cap of solid blaze orange color. | ||||||
| 25 | For purposes of this Act, upland game is
defined as Bobwhite | ||||||
| 26 | Quail, Hungarian Partridge, Ring-necked Pheasant, Eastern
| ||||||
| |||||||
| |||||||
| 1 | Cottontail and Swamp Rabbit.
| ||||||
| 2 | (hh) It shall be unlawful to kill or cripple any species | ||||||
| 3 | protected by
this Act for which there is a bag limit without | ||||||
| 4 | making a reasonable
effort to retrieve such species and include | ||||||
| 5 | such in the bag limit. It shall be unlawful for any person | ||||||
| 6 | having control over harvested game mammals, game birds, or | ||||||
| 7 | migratory game birds for which there is a bag limit to wantonly | ||||||
| 8 | waste or destroy the usable meat of the game, except this shall | ||||||
| 9 | not apply to wildlife taken under Sections 2.37 or 3.22 of this | ||||||
| 10 | Code. For purposes of this subsection, "usable meat" means the | ||||||
| 11 | breast meat of a game bird or migratory game bird and the hind | ||||||
| 12 | ham and front shoulders of a game mammal. It shall be unlawful | ||||||
| 13 | for any person to place, leave, dump, or abandon a wildlife | ||||||
| 14 | carcass or parts of it along or upon a public right-of-way or | ||||||
| 15 | highway or on public or private property, including a waterway | ||||||
| 16 | or stream, without the permission of the owner or tenant. It | ||||||
| 17 | shall not be unlawful to discard game meat that is determined | ||||||
| 18 | to be unfit for human consumption.
| ||||||
| 19 | (ii) This Section shall apply only to those species | ||||||
| 20 | protected by this
Act taken within the State. Any species or | ||||||
| 21 | any parts thereof, legally taken
in and transported from other | ||||||
| 22 | states or countries, may be possessed
within the State, except | ||||||
| 23 | as provided in this Section and Sections 2.35, 2.36
and 3.21.
| ||||||
| 24 | (jj) (Blank).
| ||||||
| 25 | (kk) Nothing contained in this Section shall prohibit the | ||||||
| 26 | Director
from issuing permits to paraplegics or to other | ||||||
| |||||||
| |||||||
| 1 | persons with disabilities who meet the
requirements set forth | ||||||
| 2 | in administrative rule to shoot or hunt from a vehicle
as | ||||||
| 3 | provided by that rule, provided that such is otherwise in | ||||||
| 4 | accord with this
Act.
| ||||||
| 5 | (ll) Nothing contained in this Act shall prohibit the | ||||||
| 6 | taking of aquatic
life protected by the Fish and Aquatic Life | ||||||
| 7 | Code or birds and mammals
protected by this Act, except deer | ||||||
| 8 | and fur-bearing mammals, from a boat not
camouflaged or | ||||||
| 9 | disguised to alter its identity or to further provide a place
| ||||||
| 10 | of concealment and not propelled by sail or mechanical power. | ||||||
| 11 | However, only
shotguns not larger than 10 gauge nor smaller | ||||||
| 12 | than .410 bore loaded with not
more than 3 shells of a shot | ||||||
| 13 | size no larger than lead BB or steel T (.20
diameter) may be | ||||||
| 14 | used to take species protected by this Act.
| ||||||
| 15 | (mm) Nothing contained in this Act shall prohibit the use | ||||||
| 16 | of a shotgun,
not larger than 10 gauge nor smaller than a 20 | ||||||
| 17 | gauge, with a rifled barrel.
| ||||||
| 18 | (nn) It shall be unlawful to possess any species of | ||||||
| 19 | wildlife or wildlife parts taken unlawfully in Illinois, any | ||||||
| 20 | other state, or any other country, whether or not the wildlife | ||||||
| 21 | or wildlife parts is indigenous to Illinois. For the purposes | ||||||
| 22 | of this subsection, the statute of limitations for unlawful | ||||||
| 23 | possession of wildlife or wildlife parts shall not cease until | ||||||
| 24 | 2 years after the possession has permanently ended. | ||||||
| 25 | (Source: P.A. 98-119, eff. 1-1-14; 98-181, eff. 8-5-13; 98-183, | ||||||
| 26 | eff. 1-1-14; 98-290, eff. 8-9-13; 98-756, eff. 7-16-14; 98-914, | ||||||
| |||||||
| |||||||
| 1 | eff. 1-1-15; 99-33, eff. 1-1-16; 99-143, eff. 7-27-15; revised | ||||||
| 2 | 10-20-15.)
| ||||||
| 3 | (520 ILCS 5/3.31) (from Ch. 61, par. 3.31)
| ||||||
| 4 | Sec. 3.31.
The Department may designate any operator of a | ||||||
| 5 | licensed license game breeding
and hunting preserve area or any | ||||||
| 6 | of his or its agents or employees as a
special representative | ||||||
| 7 | of the Department with power to enforce the game
laws and to | ||||||
| 8 | prevent trespassing upon such property; provided that
not more | ||||||
| 9 | than two special representatives may be appointed for each such
| ||||||
| 10 | preserve. Such special representative shall be subject to rules | ||||||
| 11 | and
regulations to be prescribed by the Department and shall | ||||||
| 12 | serve without
compensation from the Department.
| ||||||
| 13 | (Source: P.A. 84-150; revised 10-20-15.)
| ||||||
| 14 | Section 525. The Illinois Vehicle Code is amended by | ||||||
| 15 | changing Sections 3-415, 3-616, 3-626, 3-801, 3-806.3, 3-818, | ||||||
| 16 | 6-106.1, 6-115, 6-118, 6-205, 6-206, 6-208, 6-302, 11-501.01, | ||||||
| 17 | 11-605.1, 12-215, and 15-316 as follows:
| ||||||
| 18 | (625 ILCS 5/3-415) (from Ch. 95 1/2, par. 3-415)
| ||||||
| 19 | Sec. 3-415. Application for and renewal of registration. | ||||||
| 20 | (a) Calendar
year. Application for renewal of a vehicle | ||||||
| 21 | registration shall be made by
the owner, as to those vehicles | ||||||
| 22 | required to be registered on a calendar
registration year, not | ||||||
| 23 | later than December 1 of each year, upon proper
application
and | ||||||
| |||||||
| |||||||
| 1 | by payment of the registration fee and tax for such vehicle, as | ||||||
| 2 | provided
by law except that application for renewal of a | ||||||
| 3 | vehicle registration, as
to those vehicles required to be | ||||||
| 4 | registered on a staggered calendar year
basis, shall be made by | ||||||
| 5 | the owner in the form and manner prescribed by the
Secretary of | ||||||
| 6 | State.
| ||||||
| 7 | (b) Fiscal year. Application for renewal of a vehicle
| ||||||
| 8 | registration shall be made by the owner, as to those vehicles
| ||||||
| 9 | required to be registered on a fiscal registration year, not
| ||||||
| 10 | later than June 1 of each year, upon proper application and by
| ||||||
| 11 | payment of the registration fee and tax for such vehicle as
| ||||||
| 12 | provided by law, except that application for renewal of a | ||||||
| 13 | vehicle registration,
as to those vehicles required to be | ||||||
| 14 | registered on a staggered fiscal year
basis, shall be made by | ||||||
| 15 | the owner in the form and manner prescribed by the
Secretary of | ||||||
| 16 | State.
| ||||||
| 17 | (c) Two calendar years. Application for renewal of a | ||||||
| 18 | vehicle
registration shall be made by the owner, as to those | ||||||
| 19 | vehicles
required to be registered for 2 calendar years, not | ||||||
| 20 | later than
December 1 of the year preceding commencement of the | ||||||
| 21 | 2-year
registration period, except that application for | ||||||
| 22 | renewal of a vehicle
registration, as to those vehicles | ||||||
| 23 | required to be registered for 2 years
on a staggered | ||||||
| 24 | registration basis, shall be made by the owner in the form
and | ||||||
| 25 | manner prescribed by the Secretary of State.
| ||||||
| 26 | (d) Two fiscal years. Application for renewal of a vehicle
| ||||||
| |||||||
| |||||||
| 1 | registration shall be made by the owner, as to those vehicles
| ||||||
| 2 | required to be registered for 2 fiscal years, not later than
| ||||||
| 3 | June 1 immediately preceding commencement of the 2-year
| ||||||
| 4 | registration period, except that application for renewal of a | ||||||
| 5 | vehicle
registration, as to those vehicles required to be | ||||||
| 6 | registered for 2 fiscal
years on a staggered registration | ||||||
| 7 | basis, shall be made by the owner in the
form and manner | ||||||
| 8 | prescribed by the Secretary of State.
| ||||||
| 9 | (d-5) Three calendar years. Application for renewal of a | ||||||
| 10 | vehicle
registration shall be made by the owner, as to those | ||||||
| 11 | vehicles
required to be registered for 3 calendar years, not | ||||||
| 12 | later than
December 1 of the year preceding commencement of the | ||||||
| 13 | 3-year
registration period. | ||||||
| 14 | (d-10) Five calendar years. Application for renewal of a | ||||||
| 15 | vehicle registration shall be made by the owner, as to those | ||||||
| 16 | vehicles required to be registered for 5 calendar years, not | ||||||
| 17 | later than December 1 of the year preceding commencement of the | ||||||
| 18 | 5-year registration period. | ||||||
| 19 | (e) Time of application. The Secretary of State may receive
| ||||||
| 20 | applications for renewal of registration and grant the same
and | ||||||
| 21 | issue new registration cards and plates or registration
| ||||||
| 22 | stickers at any time prior to expiration of registration.
No | ||||||
| 23 | person shall display upon a vehicle, the new registration
| ||||||
| 24 | plates or registration stickers prior to the dates the | ||||||
| 25 | Secretary of State
in his discretion
may select.
| ||||||
| 26 | (f) Verification. The Secretary of State may further
| ||||||
| |||||||
| |||||||
| 1 | require, as to vehicles for-hire, that applications be
| ||||||
| 2 | accompanied by verification that fees due under the Illinois
| ||||||
| 3 | Motor Carrier of Property Law, as amended, have been paid.
| ||||||
| 4 | (g) (Blank). | ||||||
| 5 | (h) Returning combat mission veterans. Beginning in | ||||||
| 6 | registration year 2017, the application for renewal, and | ||||||
| 7 | subsequent fees, of a vehicle registration for a member of the | ||||||
| 8 | active-duty or reserve component of the United States Armed | ||||||
| 9 | Forces returning from a combat mission shall not be required | ||||||
| 10 | for that service member's next scheduled renewal. Proof of | ||||||
| 11 | combat mission service shall come from the service member's | ||||||
| 12 | hostile fire pay or imminent danger pay documentation received | ||||||
| 13 | any time in the 12 months preceding the registration renewal. | ||||||
| 14 | Nothing in this subsection is applicable to the additional fees | ||||||
| 15 | incurred by specialty, personalized, or vanity license plates. | ||||||
| 16 | (Source: P.A. 98-539, eff. 1-1-14; 98-787, eff. 7-25-14; 99-32, | ||||||
| 17 | eff. 7-10-15; 99-80, eff. 1-1-16; revised 10-19-15.)
| ||||||
| 18 | (625 ILCS 5/3-616) (from Ch. 95 1/2, par. 3-616)
| ||||||
| 19 | Sec. 3-616. Disability license plates.
| ||||||
| 20 | (a) Upon receiving an application for a certificate of | ||||||
| 21 | registration for
a motor vehicle of the first division or for a | ||||||
| 22 | motor vehicle of the second
division weighing no more than | ||||||
| 23 | 8,000 pounds, accompanied with payment of the
registration fees | ||||||
| 24 | required under this Code from a person with disabilities or
a | ||||||
| 25 | person who is deaf or hard of hearing, the Secretary of State,
| ||||||
| |||||||
| |||||||
| 1 | if so requested, shall issue to such person registration plates | ||||||
| 2 | as provided for
in Section 3-611, provided that the person with | ||||||
| 3 | disabilities or person who is
deaf or hard of hearing must not | ||||||
| 4 | be disqualified from obtaining a driver's
license under | ||||||
| 5 | subsection 8 of Section 6-103 of this Code, and further | ||||||
| 6 | provided
that any person making such a request must submit a | ||||||
| 7 | statement, certified by
a
licensed physician, by a licensed | ||||||
| 8 | physician assistant, or by a licensed
advanced practice nurse, | ||||||
| 9 | to
the effect that such person is a person with disabilities
as | ||||||
| 10 | defined by Section 1-159.1 of this Code, or alternatively | ||||||
| 11 | provide adequate
documentation that such person has a Class 1A, | ||||||
| 12 | Class 2A or Type Four
disability under the provisions of | ||||||
| 13 | Section 4A of the Illinois Identification
Card Act. For | ||||||
| 14 | purposes of this Section, an Illinois Person
with a Disability | ||||||
| 15 | Identification Card issued pursuant to the Illinois | ||||||
| 16 | Identification Card Act
indicating that the person thereon | ||||||
| 17 | named has a disability shall be adequate
documentation of such | ||||||
| 18 | a disability.
| ||||||
| 19 | (b) The Secretary shall issue plates under this Section to | ||||||
| 20 | a parent or
legal guardian of a person with disabilities if the | ||||||
| 21 | person with disabilities
has a Class 1A or Class 2A disability | ||||||
| 22 | as defined in Section 4A of the Illinois
Identification Card | ||||||
| 23 | Act or is a person with disabilities as defined by Section
| ||||||
| 24 | 1-159.1 of this Code, and does not possess a vehicle registered | ||||||
| 25 | in his or her
name, provided that the person with disabilities | ||||||
| 26 | relies frequently on the
parent or legal guardian for | ||||||
| |||||||
| |||||||
| 1 | transportation. Only one vehicle per family
may be registered | ||||||
| 2 | under this subsection, unless the applicant can justify in
| ||||||
| 3 | writing the need for one additional set of plates. Any person | ||||||
| 4 | requesting
special plates under this subsection shall submit | ||||||
| 5 | such documentation or such
physician's, physician assistant's, | ||||||
| 6 | or advanced practice nurse's
statement as is required in | ||||||
| 7 | subsection
(a) and a statement
describing the circumstances | ||||||
| 8 | qualifying for issuance of special plates under
this | ||||||
| 9 | subsection. An optometrist may certify a Class 2A Visual | ||||||
| 10 | Disability, as defined in Section 4A of the Illinois | ||||||
| 11 | Identification Card Act, for the purpose of qualifying a person | ||||||
| 12 | with disabilities for special plates under this subsection.
| ||||||
| 13 | (c) The Secretary may issue a
parking decal or
device to a | ||||||
| 14 | person with disabilities as defined by Section 1-159.1 without
| ||||||
| 15 | regard to qualification of such person with disabilities for a | ||||||
| 16 | driver's license
or registration of a vehicle by such person | ||||||
| 17 | with disabilities or such person's
immediate family, provided | ||||||
| 18 | such person with disabilities making such a request
has been | ||||||
| 19 | issued an Illinois Person with a Disability Identification Card | ||||||
| 20 | indicating that the
person named thereon has a Class 1A or | ||||||
| 21 | Class 2A disability, or alternatively,
submits a statement | ||||||
| 22 | certified by a licensed physician, or by a licensed physician
| ||||||
| 23 | assistant or a licensed advanced practice nurse as provided in | ||||||
| 24 | subsection (a), to
the effect that such
person is a person with | ||||||
| 25 | disabilities as defined by Section 1-159.1. An optometrist may | ||||||
| 26 | certify a Class 2A Visual Disability as defined in Section 4A | ||||||
| |||||||
| |||||||
| 1 | of the Illinois Identification Card Act for the purpose of | ||||||
| 2 | qualifying a person with disabilities for a parking decal or | ||||||
| 3 | device under this subsection.
| ||||||
| 4 | (d) The Secretary shall prescribe by rules and regulations | ||||||
| 5 | procedures
to certify or re-certify as necessary the | ||||||
| 6 | eligibility of persons whose
disabilities are other than | ||||||
| 7 | permanent for special plates or
parking decals or devices | ||||||
| 8 | issued under subsections (a), (b)
and (c). Except as provided | ||||||
| 9 | under subsection (f) of this Section, no
such special plates, | ||||||
| 10 | decals or devices shall be issued by the Secretary of
State to | ||||||
| 11 | or on behalf of any person with disabilities unless such person | ||||||
| 12 | is
certified as meeting the definition of a person with | ||||||
| 13 | disabilities pursuant to
Section 1-159.1 or meeting the | ||||||
| 14 | requirement of a Type Four disability as
provided under Section | ||||||
| 15 | 4A of the Illinois Identification Card Act for the
period of | ||||||
| 16 | time that the physician, or the physician assistant or advanced
| ||||||
| 17 | practice nurse as provided in
subsection (a), determines the | ||||||
| 18 | applicant will have the
disability, but not to exceed 6 months | ||||||
| 19 | from the date of certification or
recertification.
| ||||||
| 20 | (e) Any person requesting special plates under this Section | ||||||
| 21 | may also apply
to have the special plates personalized, as | ||||||
| 22 | provided under Section 3-405.1.
| ||||||
| 23 | (f) The Secretary of State, upon application, shall issue | ||||||
| 24 | disability registration plates or a parking decal to
| ||||||
| 25 | corporations, school districts, State or municipal agencies, | ||||||
| 26 | limited liability
companies, nursing homes, convalescent | ||||||
| |||||||
| |||||||
| 1 | homes, or special education cooperatives
which will transport | ||||||
| 2 | persons with disabilities. The Secretary shall prescribe
by | ||||||
| 3 | rule a means to certify or re-certify the eligibility of | ||||||
| 4 | organizations to
receive disability plates or decals and to | ||||||
| 5 | designate which of the
2 person with disabilities emblems shall | ||||||
| 6 | be placed on qualifying
vehicles.
| ||||||
| 7 | (g) The Secretary of State, or his designee, may enter into
| ||||||
| 8 | agreements with other jurisdictions, including foreign | ||||||
| 9 | jurisdictions, on
behalf of this State relating to the | ||||||
| 10 | extension of parking privileges by
such jurisdictions to | ||||||
| 11 | residents of this State with disabilities who
display a special | ||||||
| 12 | license plate or parking device that contains the
International | ||||||
| 13 | symbol of access on his or her motor vehicle, and to
recognize | ||||||
| 14 | such plates or devices issued by such other jurisdictions. This
| ||||||
| 15 | State shall grant the same parking privileges which are granted | ||||||
| 16 | to
residents of this State with disabilities to any | ||||||
| 17 | non-resident whose motor vehicle is licensed
in another state, | ||||||
| 18 | district, territory or foreign country if such vehicle
displays | ||||||
| 19 | the international symbol of access or a distinguishing insignia | ||||||
| 20 | on
license plates or parking device issued in accordance with | ||||||
| 21 | the laws of the
non-resident's state, district, territory or | ||||||
| 22 | foreign country.
| ||||||
| 23 | (Source: P.A. 99-143, eff. 7-27-15; 99-173, eff. 7-29-15; | ||||||
| 24 | revised 10-19-15.)
| ||||||
| 25 | (625 ILCS 5/3-626)
| ||||||
| |||||||
| |||||||
| 1 | Sec. 3-626. Korean War Veteran license plates.
| ||||||
| 2 | (a) In addition to any other special license plate, the | ||||||
| 3 | Secretary, upon
receipt of all applicable fees and applications | ||||||
| 4 | made in the form prescribed by
the Secretary of State, may | ||||||
| 5 | issue special registration plates designated as
Korean War | ||||||
| 6 | Veteran license plates to
residents of Illinois who | ||||||
| 7 | participated in the United States Armed Forces during
the | ||||||
| 8 | Korean War. The special plate issued under this Section shall | ||||||
| 9 | be affixed
only to passenger vehicles of the first division, | ||||||
| 10 | motorcycles,
motor vehicles of the second
division weighing not | ||||||
| 11 | more than 8,000 pounds, and recreational vehicles as
defined by | ||||||
| 12 | Section 1-169 of this Code. Plates issued under this Section | ||||||
| 13 | shall
expire according to the staggered multi-year procedure | ||||||
| 14 | established by Section
3-414.1 of this Code.
| ||||||
| 15 | (b) The design, color, and format of the plates shall be | ||||||
| 16 | wholly
within the discretion of the Secretary of State. The | ||||||
| 17 | Secretary may, in his or
her discretion, allow the plates to be | ||||||
| 18 | issued as vanity plates or personalized
in accordance with | ||||||
| 19 | Section 3-405.1 of this Code. The plates are not required
to | ||||||
| 20 | designate "Land Of Lincoln", as prescribed in subsection (b) of | ||||||
| 21 | Section
3-412 of this Code. The Secretary shall prescribe the | ||||||
| 22 | eligibility requirements
and, in his or her discretion, shall | ||||||
| 23 | approve and prescribe stickers or decals
as provided under | ||||||
| 24 | Section 3-412.
| ||||||
| 25 | (c) (Blank).
| ||||||
| 26 | (d) The Korean War Memorial Construction Fund is created as | ||||||
| |||||||
| |||||||
| 1 | a special fund
in the State treasury. All moneys in the Korean | ||||||
| 2 | War Memorial Construction Fund
shall, subject to | ||||||
| 3 | appropriation, be used by the Department of Veteran Affairs
to | ||||||
| 4 | provide grants for construction of the Korean War Memorial to | ||||||
| 5 | be located at
Oak Ridge Cemetery in Springfield, Illinois. Upon | ||||||
| 6 | the completion of the
Memorial, the Department of Veteran | ||||||
| 7 | Affairs shall certify to the State
Treasurer that the | ||||||
| 8 | construction of the Memorial has been completed. Upon the
| ||||||
| 9 | certification by the Department of Veteran Affairs, the State | ||||||
| 10 | Treasurer shall
transfer all moneys in the Fund and any future | ||||||
| 11 | deposits into the Fund into the
Secretary of State Special | ||||||
| 12 | License Plate
Fund.
| ||||||
| 13 | (e) An individual who has been issued Korean War Veteran | ||||||
| 14 | license plates
for a vehicle
and who has been approved for | ||||||
| 15 | benefits under the Senior Citizens and Persons with | ||||||
| 16 | Disabilities Property Tax Relief Act shall pay
the original | ||||||
| 17 | issuance and the regular annual fee for the registration of the
| ||||||
| 18 | vehicle as provided in Section 3-806.3 of this Code.
| ||||||
| 19 | (Source: P.A. 99-127, eff. 1-1-16; 99-143, eff. 7-27-15; | ||||||
| 20 | revised 11-2-15.)
| ||||||
| 21 | (625 ILCS 5/3-801) (from Ch. 95 1/2, par. 3-801)
| ||||||
| 22 | Sec. 3-801. Registration. | ||||||
| 23 | (a) Except as provided herein for new residents,
every | ||||||
| 24 | owner of any vehicle which shall be operated upon the public | ||||||
| 25 | highways
of this State shall, within 24 hours after becoming | ||||||
| |||||||
| |||||||
| 1 | the owner or at such
time as such vehicle becomes subject to | ||||||
| 2 | registration under the provisions
of this Act, file in an | ||||||
| 3 | office of the Secretary of State, an application
for | ||||||
| 4 | registration properly completed and executed. New residents | ||||||
| 5 | need not secure
registration until 30 days after establishing | ||||||
| 6 | residency in this State,
provided the vehicle is properly | ||||||
| 7 | registered in another jurisdiction. By the
expiration of such | ||||||
| 8 | 30-day 30 day statutory grace period, a new resident shall
| ||||||
| 9 | comply with the provisions of this Act and apply for Illinois | ||||||
| 10 | vehicle
registration. All applications for registration shall | ||||||
| 11 | be accompanied by all
documentation required under the | ||||||
| 12 | provisions of this Act. The appropriate
registration fees and | ||||||
| 13 | taxes provided for in this Article of this Chapter
shall be | ||||||
| 14 | paid to the Secretary of State with the application for
| ||||||
| 15 | registration of vehicles subject to registration under this | ||||||
| 16 | Act.
| ||||||
| 17 | (b) Any resident of this State, who has been serving as a | ||||||
| 18 | member or as a civilian employee of the
United States Armed | ||||||
| 19 | Services, or as a civilian employee of the United States | ||||||
| 20 | Department of Defense, outside of the State of Illinois, need | ||||||
| 21 | not
secure registration until 45 days after returning to this
| ||||||
| 22 | State, provided the vehicle displays temporary military | ||||||
| 23 | registration.
| ||||||
| 24 | (c) When an application is submitted by mail, the applicant | ||||||
| 25 | may not
submit cash or postage stamps for payment of fees or | ||||||
| 26 | taxes due. The
Secretary in his discretion, may decline to | ||||||
| |||||||
| |||||||
| 1 | accept a personal or company
check or electronic payment in | ||||||
| 2 | payment of fees or taxes. An application submitted to a dealer, | ||||||
| 3 | or
a remittance made to the Secretary of State shall be deemed | ||||||
| 4 | in compliance
with this Section.
| ||||||
| 5 | (Source: P.A. 99-118, eff. 1-1-16; 99-324, eff. 1-1-16; revised | ||||||
| 6 | 11-2-15.)
| ||||||
| 7 | (625 ILCS 5/3-806.3) (from Ch. 95 1/2, par. 3-806.3)
| ||||||
| 8 | Sec. 3-806.3. Senior Citizens.
Commencing with the 2009 | ||||||
| 9 | registration year, the registration fee paid by
any vehicle | ||||||
| 10 | owner who has been approved for benefits under the Senior
| ||||||
| 11 | Citizens and Persons with Disabilities Property Tax Relief
Act | ||||||
| 12 | or who is the spouse of such a person shall be $24 instead of | ||||||
| 13 | the fee
otherwise provided in this Code for passenger cars | ||||||
| 14 | displaying standard
multi-year registration plates issued | ||||||
| 15 | under Section 3-414.1, motor vehicles
displaying special | ||||||
| 16 | registration plates issued under Section 3-609, 3-616, 3-621,
| ||||||
| 17 | 3-622, 3-623, 3-624, 3-625, 3-626, 3-628, 3-638, 3-642, 3-645, | ||||||
| 18 | 3-647, 3-650,
3-651, or 3-663, motor vehicles registered at | ||||||
| 19 | 8,000 pounds or less under Section
3-815(a), and recreational | ||||||
| 20 | vehicles registered at 8,000 pounds or less under
Section | ||||||
| 21 | 3-815(b). Widows and widowers of claimants shall also be | ||||||
| 22 | entitled to
this reduced registration fee for the registration | ||||||
| 23 | year in which the claimant
was eligible.
| ||||||
| 24 | Commencing with the 2009 registration year, the | ||||||
| 25 | registration fee paid by
any vehicle owner who has claimed and | ||||||
| |||||||
| |||||||
| 1 | received a grant under the Senior
Citizens and Persons with | ||||||
| 2 | Disabilities Property Tax Relief
Act or who is the spouse of | ||||||
| 3 | such a person shall be $24 instead of the fee
otherwise | ||||||
| 4 | provided in this Code for passenger cars displaying standard
| ||||||
| 5 | multi-year registration plates issued under Section 3-414.1, | ||||||
| 6 | motor vehicles
displaying special registration plates issued | ||||||
| 7 | under Section 3-607, 3-609, 3-616, 3-621,
3-622, 3-623, 3-624, | ||||||
| 8 | 3-625, 3-626, 3-628, 3-638, 3-642, 3-645, 3-647, 3-650, 3-651, | ||||||
| 9 | 3-663, or 3-664, motor vehicles registered at 8,000 pounds or | ||||||
| 10 | less under Section
3-815(a), and recreational vehicles | ||||||
| 11 | registered at 8,000 pounds or less under
Section 3-815(b). | ||||||
| 12 | Widows and widowers of claimants shall also be entitled to
this | ||||||
| 13 | reduced registration fee for the registration year in which the | ||||||
| 14 | claimant
was eligible.
| ||||||
| 15 | Commencing with the 2017 registration year, the reduced fee | ||||||
| 16 | under this Section shall apply to any special registration | ||||||
| 17 | plate authorized in Article VI of Chapter 3 of this Code, for | ||||||
| 18 | which the applicant would otherwise be eligible. | ||||||
| 19 | No more than one reduced registration fee under this | ||||||
| 20 | Section shall be
allowed during any 12-month 12 month period | ||||||
| 21 | based on the primary eligibility of any
individual, whether | ||||||
| 22 | such reduced registration fee is allowed to the
individual or | ||||||
| 23 | to the spouse, widow or widower of such individual. This
| ||||||
| 24 | Section does not apply to the fee paid in addition to the | ||||||
| 25 | registration fee
for motor vehicles displaying vanity, | ||||||
| 26 | personalized, or special license
plates.
| ||||||
| ||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||
| 1 | (Source: P.A. 99-71, eff. 1-1-16; 99-143, eff. 7-27-15; revised | |||||||||||||||||||||||||||||
| 2 | 10-19-15.)
| |||||||||||||||||||||||||||||
| 3 | (625 ILCS 5/3-818) (from Ch. 95 1/2, par. 3-818)
| |||||||||||||||||||||||||||||
| 4 | Sec. 3-818. (a) Mileage weight tax option. | |||||||||||||||||||||||||||||
| 5 | (a) Any owner of a vehicle of
the second division may elect | |||||||||||||||||||||||||||||
| 6 | to pay a mileage weight tax for such vehicle
in lieu of the | |||||||||||||||||||||||||||||
| 7 | flat weight tax set out in Section 3-815. Such election
shall | |||||||||||||||||||||||||||||
| 8 | be binding to the end of the registration year. Renewal of this
| |||||||||||||||||||||||||||||
| 9 | election must be filed with the Secretary of State on or before | |||||||||||||||||||||||||||||
| 10 | July 1
of each registration period. In such event the owner | |||||||||||||||||||||||||||||
| 11 | shall, at the time
of making such election, pay the $10 | |||||||||||||||||||||||||||||
| 12 | registration fee and the minimum
guaranteed mileage weight tax, | |||||||||||||||||||||||||||||
| 13 | as hereinafter provided, which payment
shall permit the owner | |||||||||||||||||||||||||||||
| 14 | to operate that vehicle the maximum mileage in
this State | |||||||||||||||||||||||||||||
| 15 | hereinafter set forth. Any vehicle being operated on
mileage | |||||||||||||||||||||||||||||
| 16 | plates cannot be operated outside of this State. In addition
| |||||||||||||||||||||||||||||
| 17 | thereto, the owner of that vehicle shall pay a mileage weight | |||||||||||||||||||||||||||||
| 18 | tax at the
following rates for each mile traveled in this State | |||||||||||||||||||||||||||||
| 19 | in excess of the
maximum mileage provided under the minimum | |||||||||||||||||||||||||||||
| 20 | guaranteed basis:
| |||||||||||||||||||||||||||||
| 21 | BUS, TRUCK OR TRUCK TRACTOR
| |||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 18 | TRAILER
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||
| ||||||||||||||||
| ||||||||||||||||
| 3 | (a-1) A Special Hauling Vehicle is a vehicle or combination | |||||||||||||||
| 4 | of vehicles of
the second
division registered under Section | |||||||||||||||
| 5 | 3-813 transporting asphalt or concrete in the
plastic state or | |||||||||||||||
| 6 | a vehicle or combination of vehicles that are subject to the
| |||||||||||||||
| 7 | gross weight limitations in subsection (a) of Section 15-111 | |||||||||||||||
| 8 | for which the
owner of the
vehicle or combination of vehicles | |||||||||||||||
| 9 | has elected to pay, in addition to the
registration fee in | |||||||||||||||
| 10 | subsection (a), $125 to the Secretary of State
for each
| |||||||||||||||
| 11 | registration year. The Secretary shall designate this class of | |||||||||||||||
| 12 | vehicle as
a Special Hauling Vehicle.
| |||||||||||||||
| 13 | In preparing rate schedules on registration applications, | |||||||||||||||
| 14 | the Secretary
of State shall add to the above rates, the $10 | |||||||||||||||
| 15 | registration fee. The
Secretary may decline to accept any | |||||||||||||||
| 16 | renewal filed after July 1st.
| |||||||||||||||
| 17 | The number of axles necessary to carry the maximum load | |||||||||||||||
| 18 | provided
shall be determined from Chapter 15 of this Code.
| |||||||||||||||
| 19 | Every owner of a second division motor vehicle for which he | |||||||||||||||
| 20 | has
elected to pay a mileage weight tax shall keep a daily | |||||||||||||||
| 21 | record upon forms
prescribed by the Secretary of State, showing | |||||||||||||||
| 22 | the mileage covered by
that vehicle in this State. Such record | |||||||||||||||
| 23 | shall contain the license number
of the vehicle and the miles | |||||||||||||||
| 24 | traveled by the vehicle in this State for
each day of the | |||||||||||||||
| 25 | calendar month. Such owner shall also maintain records
of fuel | |||||||||||||||
| 26 | consumed by each such motor vehicle and fuel purchases | |||||||||||||||
| |||||||
| |||||||
| 1 | therefor.
On or before the 10th day of July the owner
shall | ||||||
| 2 | certify to the Secretary of State upon forms prescribed | ||||||
| 3 | therefor,
summaries of his daily records which shall show the | ||||||
| 4 | miles traveled by
the vehicle in this State during the | ||||||
| 5 | preceding 12 months and such other
information as the Secretary | ||||||
| 6 | of State may require. The daily record and
fuel records shall | ||||||
| 7 | be filed, preserved and available for audit for a
period of 3 | ||||||
| 8 | years. Any owner filing a return hereunder shall certify
that | ||||||
| 9 | such return is a true, correct and complete return. Any person | ||||||
| 10 | who
willfully makes a false return hereunder is guilty of | ||||||
| 11 | perjury and shall
be punished in the same manner and to the | ||||||
| 12 | same extent as is provided
therefor.
| ||||||
| 13 | At the time of filing his return, each owner shall pay to | ||||||
| 14 | the
Secretary of State the proper amount of tax at the rate | ||||||
| 15 | herein imposed.
| ||||||
| 16 | Every owner of a vehicle of the second division who elects | ||||||
| 17 | to pay on
a mileage weight tax basis and who operates the | ||||||
| 18 | vehicle within this
State, shall file with the Secretary of | ||||||
| 19 | State a bond in the amount of
$500. The bond shall be in a form | ||||||
| 20 | approved by the Secretary of State and with
a surety company
| ||||||
| 21 | approved by the Illinois Department of Insurance to transact
| ||||||
| 22 | business in this State as surety, and shall be conditioned upon | ||||||
| 23 | such
applicant's paying to the State of Illinois all money | ||||||
| 24 | becoming
due by
reason of the operation of the second division | ||||||
| 25 | vehicle in this State,
together with all penalties and interest | ||||||
| 26 | thereon.
| ||||||
| |||||||
| |||||||
| 1 | Upon notice from the Secretary that the registrant has | ||||||
| 2 | failed to pay the
excess mileage fees, the surety shall | ||||||
| 3 | immediately pay the fees together with
any penalties and | ||||||
| 4 | interest thereon in an amount not to exceed the limits of the
| ||||||
| 5 | bond.
| ||||||
| 6 | (b) Beginning January 1, 2016, upon the request of the
| ||||||
| 7 | vehicle owner, a $10 surcharge shall be collected in addition
| ||||||
| 8 | to the above fees for vehicles in the 12,000 lbs. and less | ||||||
| 9 | mileage
weight plate category as described in subsection (a) to | ||||||
| 10 | be
deposited into the Secretary of State Special License Plate
| ||||||
| 11 | Fund. The $10 surcharge is to identify vehicles in the 12,000
| ||||||
| 12 | lbs. and less mileage weight plate category as a covered farm
| ||||||
| 13 | vehicle. The $10 surcharge is an annual flat fee that shall be
| ||||||
| 14 | based on an applicant's new or existing registration year for
| ||||||
| 15 | each vehicle in the 12,000 lbs. and less mileage weight plate
| ||||||
| 16 | category. A designation as a covered farm vehicle under this
| ||||||
| 17 | subsection (b) shall not alter a vehicle's registration as a
| ||||||
| 18 | registration in the 12,000 lbs. or less mileage weight | ||||||
| 19 | category.
The Secretary shall adopt any rules necessary to | ||||||
| 20 | implement this
subsection (b). | ||||||
| 21 | (Source: P.A. 99-57, eff. 7-16-15; revised 10-19-15.)
| ||||||
| 22 | (625 ILCS 5/6-106.1) (from Ch. 95 1/2, par. 6-106.1)
| ||||||
| 23 | Sec. 6-106.1. School bus driver permit.
| ||||||
| 24 | (a) The Secretary of State shall issue a school bus driver
| ||||||
| 25 | permit to those applicants who have met all the requirements of | ||||||
| |||||||
| |||||||
| 1 | the
application and screening process under this Section to | ||||||
| 2 | insure the
welfare and safety of children who are transported | ||||||
| 3 | on school buses
throughout the State of Illinois. Applicants | ||||||
| 4 | shall obtain the
proper application required by the Secretary | ||||||
| 5 | of State from their
prospective or current employer and submit | ||||||
| 6 | the completed
application to the prospective or current | ||||||
| 7 | employer along
with the necessary fingerprint submission as | ||||||
| 8 | required by the
Department of
State Police to conduct | ||||||
| 9 | fingerprint based criminal background
checks on current and | ||||||
| 10 | future information available in the state
system and current | ||||||
| 11 | information available through the Federal Bureau
of | ||||||
| 12 | Investigation's system. Applicants who have completed the
| ||||||
| 13 | fingerprinting requirements shall not be subjected to the
| ||||||
| 14 | fingerprinting process when applying for subsequent permits or
| ||||||
| 15 | submitting proof of successful completion of the annual | ||||||
| 16 | refresher
course. Individuals who on July 1, 1995 (the | ||||||
| 17 | effective date of Public Act 88-612) this Act possess a valid
| ||||||
| 18 | school bus driver permit that has been previously issued by the | ||||||
| 19 | appropriate
Regional School Superintendent are not subject to | ||||||
| 20 | the fingerprinting
provisions of this Section as long as the | ||||||
| 21 | permit remains valid and does not
lapse. The applicant shall be | ||||||
| 22 | required to pay all related
application and fingerprinting fees | ||||||
| 23 | as established by rule
including, but not limited to, the | ||||||
| 24 | amounts established by the Department of
State Police and the | ||||||
| 25 | Federal Bureau of Investigation to process
fingerprint based | ||||||
| 26 | criminal background investigations. All fees paid for
| ||||||
| |||||||
| |||||||
| 1 | fingerprint processing services under this Section shall be | ||||||
| 2 | deposited into the
State Police Services Fund for the cost | ||||||
| 3 | incurred in processing the fingerprint
based criminal | ||||||
| 4 | background investigations. All other fees paid under this
| ||||||
| 5 | Section shall be deposited into the Road
Fund for the purpose | ||||||
| 6 | of defraying the costs of the Secretary of State in
| ||||||
| 7 | administering this Section. All applicants must:
| ||||||
| 8 | 1. be 21 years of age or older;
| ||||||
| 9 | 2. possess a valid and properly classified driver's | ||||||
| 10 | license
issued by the Secretary of State;
| ||||||
| 11 | 3. possess a valid driver's license, which has not been
| ||||||
| 12 | revoked, suspended, or canceled for 3 years immediately | ||||||
| 13 | prior to
the date of application, or have not had his or | ||||||
| 14 | her commercial motor vehicle
driving privileges
| ||||||
| 15 | disqualified within the 3 years immediately prior to the | ||||||
| 16 | date of application;
| ||||||
| 17 | 4. successfully pass a written test, administered by | ||||||
| 18 | the
Secretary of State, on school bus operation, school bus | ||||||
| 19 | safety, and
special traffic laws relating to school buses | ||||||
| 20 | and submit to a review
of the applicant's driving habits by | ||||||
| 21 | the Secretary of State at the time the
written test is | ||||||
| 22 | given;
| ||||||
| 23 | 5. demonstrate ability to exercise reasonable care in | ||||||
| 24 | the operation of
school buses in accordance with rules | ||||||
| 25 | promulgated by the Secretary of State;
| ||||||
| 26 | 6. demonstrate physical fitness to operate school | ||||||
| |||||||
| |||||||
| 1 | buses by
submitting the results of a medical examination, | ||||||
| 2 | including tests for drug
use for each applicant not subject | ||||||
| 3 | to such testing pursuant to
federal law, conducted by a | ||||||
| 4 | licensed physician, a licensed advanced practice nurse, or | ||||||
| 5 | a licensed physician assistant
within 90 days of the date
| ||||||
| 6 | of application according to standards promulgated by the | ||||||
| 7 | Secretary of State;
| ||||||
| 8 | 7. affirm under penalties of perjury that he or she has | ||||||
| 9 | not made a
false statement or knowingly concealed a | ||||||
| 10 | material fact
in any application for permit;
| ||||||
| 11 | 8. have completed an initial classroom course, | ||||||
| 12 | including first aid
procedures, in school bus driver safety | ||||||
| 13 | as promulgated by the Secretary of
State; and after | ||||||
| 14 | satisfactory completion of said initial course an annual
| ||||||
| 15 | refresher course; such courses and the agency or | ||||||
| 16 | organization conducting such
courses shall be approved by | ||||||
| 17 | the Secretary of State; failure to
complete the annual | ||||||
| 18 | refresher course, shall result in
cancellation of the | ||||||
| 19 | permit until such course is completed;
| ||||||
| 20 | 9. not have been under an order of court supervision | ||||||
| 21 | for or convicted of 2 or more serious traffic offenses, as
| ||||||
| 22 | defined by rule, within one year prior to the date of | ||||||
| 23 | application that may
endanger the life or safety of any of | ||||||
| 24 | the driver's passengers within the
duration of the permit | ||||||
| 25 | period;
| ||||||
| 26 | 10. not have been under an order of court supervision | ||||||
| |||||||
| |||||||
| 1 | for or convicted of reckless driving, aggravated reckless | ||||||
| 2 | driving, driving while under the influence of alcohol, | ||||||
| 3 | other drug or drugs, intoxicating compound or compounds or | ||||||
| 4 | any combination thereof, or reckless homicide resulting | ||||||
| 5 | from the operation of a motor
vehicle within 3 years of the | ||||||
| 6 | date of application;
| ||||||
| 7 | 11. not have been convicted of committing or attempting
| ||||||
| 8 | to commit any
one or more of the following offenses: (i) | ||||||
| 9 | those offenses defined in
Sections 8-1.2, 9-1, 9-1.2, 9-2, | ||||||
| 10 | 9-2.1, 9-3, 9-3.2, 9-3.3, 10-1, 10-2, 10-3.1,
10-4,
10-5, | ||||||
| 11 | 10-5.1, 10-6, 10-7, 10-9, 11-1.20, 11-1.30, 11-1.40, | ||||||
| 12 | 11-1.50, 11-1.60, 11-6, 11-6.5, 11-6.6,
11-9, 11-9.1, | ||||||
| 13 | 11-9.3, 11-9.4, 11-14, 11-14.1, 11-14.3, 11-14.4, 11-15, | ||||||
| 14 | 11-15.1, 11-16, 11-17, 11-17.1, 11-18, 11-18.1, 11-19, | ||||||
| 15 | 11-19.1,
11-19.2,
11-20, 11-20.1, 11-20.1B, 11-20.3, | ||||||
| 16 | 11-21, 11-22, 11-23, 11-24, 11-25, 11-26, 11-30, 12-2.6, | ||||||
| 17 | 12-3.1, 12-4, 12-4.1, 12-4.2, 12-4.2-5, 12-4.3, 12-4.4,
| ||||||
| 18 | 12-4.5, 12-4.6, 12-4.7, 12-4.9,
12-5.01, 12-6, 12-6.2, | ||||||
| 19 | 12-7.1, 12-7.3, 12-7.4, 12-7.5, 12-11,
12-13, 12-14, | ||||||
| 20 | 12-14.1, 12-15, 12-16, 12-16.2, 12-21.5, 12-21.6, 12-33, | ||||||
| 21 | 12C-5, 12C-10, 12C-20, 12C-30, 12C-45, 16-16, 16-16.1,
| ||||||
| 22 | 18-1,
18-2,
18-3, 18-4, 18-5, 19-6,
20-1, 20-1.1, 20-1.2, | ||||||
| 23 | 20-1.3, 20-2, 24-1, 24-1.1, 24-1.2, 24-1.2-5, 24-1.6, | ||||||
| 24 | 24-1.7, 24-2.1, 24-3.3, 24-3.5, 24-3.8, 24-3.9, 31A-1, | ||||||
| 25 | 31A-1.1,
33A-2, and 33D-1, and in subsection (b) of Section | ||||||
| 26 | 8-1, and in subdivisions (a)(1), (a)(2), (b)(1), (e)(1), | ||||||
| |||||||
| |||||||
| 1 | (e)(2), (e)(3), (e)(4), and (f)(1) of Section 12-3.05, and | ||||||
| 2 | in subsection (a) and subsection (b), clause (1), of | ||||||
| 3 | Section
12-4, and in subsection (A), clauses (a) and (b), | ||||||
| 4 | of Section 24-3, and those offenses contained in Article | ||||||
| 5 | 29D of the Criminal Code of 1961 or the Criminal Code of | ||||||
| 6 | 2012; (ii) those offenses defined in the
Cannabis Control | ||||||
| 7 | Act except those offenses defined in subsections (a) and
| ||||||
| 8 | (b) of Section 4, and subsection (a) of Section 5 of the | ||||||
| 9 | Cannabis Control
Act; (iii) those offenses defined in the | ||||||
| 10 | Illinois Controlled Substances
Act; (iv) those offenses | ||||||
| 11 | defined in the Methamphetamine Control and Community | ||||||
| 12 | Protection Act; (v) any offense committed or attempted in | ||||||
| 13 | any other state or against
the laws of the United States, | ||||||
| 14 | which if committed or attempted in this
State would be | ||||||
| 15 | punishable as one or more of the foregoing offenses; (vi)
| ||||||
| 16 | the offenses defined in Section 4.1 and 5.1 of the Wrongs | ||||||
| 17 | to Children Act or Section 11-9.1A of the Criminal Code of | ||||||
| 18 | 1961 or the Criminal Code of 2012; (vii) those offenses | ||||||
| 19 | defined in Section 6-16 of the Liquor Control Act of
1934;
| ||||||
| 20 | and (viii) those offenses defined in the Methamphetamine | ||||||
| 21 | Precursor Control Act;
| ||||||
| 22 | 12. not have been repeatedly involved as a driver in | ||||||
| 23 | motor vehicle
collisions or been repeatedly convicted of | ||||||
| 24 | offenses against
laws and ordinances regulating the | ||||||
| 25 | movement of traffic, to a degree which
indicates lack of | ||||||
| 26 | ability to exercise ordinary and reasonable care in the
| ||||||
| |||||||
| |||||||
| 1 | safe operation of a motor vehicle or disrespect for the | ||||||
| 2 | traffic laws and
the safety of other persons upon the | ||||||
| 3 | highway;
| ||||||
| 4 | 13. not have, through the unlawful operation of a motor
| ||||||
| 5 | vehicle, caused an accident resulting in the death of any | ||||||
| 6 | person;
| ||||||
| 7 | 14. not have, within the last 5 years, been adjudged to | ||||||
| 8 | be
afflicted with or suffering from any mental disability | ||||||
| 9 | or disease; and
| ||||||
| 10 | 15. consent, in writing, to the release of results of | ||||||
| 11 | reasonable suspicion drug and alcohol testing under | ||||||
| 12 | Section 6-106.1c of this Code by the employer of the | ||||||
| 13 | applicant to the Secretary of State. | ||||||
| 14 | (b) A school bus driver permit shall be valid for a period | ||||||
| 15 | specified by
the Secretary of State as set forth by rule. It | ||||||
| 16 | shall be renewable upon compliance with subsection (a) of this
| ||||||
| 17 | Section.
| ||||||
| 18 | (c) A school bus driver permit shall contain the holder's | ||||||
| 19 | driver's
license number, legal name, residence address, zip | ||||||
| 20 | code, and date
of birth, a brief description of the holder and | ||||||
| 21 | a space for signature. The
Secretary of State may require a | ||||||
| 22 | suitable photograph of the holder.
| ||||||
| 23 | (d) The employer shall be responsible for conducting a | ||||||
| 24 | pre-employment
interview with prospective school bus driver | ||||||
| 25 | candidates, distributing school
bus driver applications and | ||||||
| 26 | medical forms to be completed by the applicant, and
submitting | ||||||
| |||||||
| |||||||
| 1 | the applicant's fingerprint cards to the Department of State | ||||||
| 2 | Police
that are required for the criminal background | ||||||
| 3 | investigations. The employer
shall certify in writing to the | ||||||
| 4 | Secretary of State that all pre-employment
conditions have been | ||||||
| 5 | successfully completed including the successful completion
of | ||||||
| 6 | an Illinois specific criminal background investigation through | ||||||
| 7 | the
Department of State Police and the submission of necessary
| ||||||
| 8 | fingerprints to the Federal Bureau of Investigation for | ||||||
| 9 | criminal
history information available through the Federal | ||||||
| 10 | Bureau of
Investigation system. The applicant shall present the
| ||||||
| 11 | certification to the Secretary of State at the time of | ||||||
| 12 | submitting
the school bus driver permit application.
| ||||||
| 13 | (e) Permits shall initially be provisional upon receiving
| ||||||
| 14 | certification from the employer that all pre-employment | ||||||
| 15 | conditions
have been successfully completed, and upon | ||||||
| 16 | successful completion of
all training and examination | ||||||
| 17 | requirements for the classification of
the vehicle to be | ||||||
| 18 | operated, the Secretary of State shall
provisionally issue a | ||||||
| 19 | School Bus Driver Permit. The permit shall
remain in a | ||||||
| 20 | provisional status pending the completion of the
Federal Bureau | ||||||
| 21 | of Investigation's criminal background investigation based
| ||||||
| 22 | upon fingerprinting specimens submitted to the Federal Bureau | ||||||
| 23 | of
Investigation by the Department of State Police. The Federal | ||||||
| 24 | Bureau of
Investigation shall report the findings directly to | ||||||
| 25 | the Secretary
of State. The Secretary of State shall remove the | ||||||
| 26 | bus driver
permit from provisional status upon the applicant's | ||||||
| |||||||
| |||||||
| 1 | successful
completion of the Federal Bureau of Investigation's | ||||||
| 2 | criminal
background investigation.
| ||||||
| 3 | (f) A school bus driver permit holder shall notify the
| ||||||
| 4 | employer and the Secretary of State if he or she is issued an | ||||||
| 5 | order of court supervision for or convicted in
another state of | ||||||
| 6 | an offense that would make him or her ineligible
for a permit | ||||||
| 7 | under subsection (a) of this Section. The
written notification | ||||||
| 8 | shall be made within 5 days of the entry of
the order of court | ||||||
| 9 | supervision or conviction. Failure of the permit holder to | ||||||
| 10 | provide the
notification is punishable as a petty
offense for a | ||||||
| 11 | first violation and a Class B misdemeanor for a
second or | ||||||
| 12 | subsequent violation.
| ||||||
| 13 | (g) Cancellation; suspension; notice and procedure.
| ||||||
| 14 | (1) The Secretary of State shall cancel a school bus
| ||||||
| 15 | driver permit of an applicant whose criminal background | ||||||
| 16 | investigation
discloses that he or she is not in compliance | ||||||
| 17 | with the provisions of subsection
(a) of this Section.
| ||||||
| 18 | (2) The Secretary of State shall cancel a school
bus | ||||||
| 19 | driver permit when he or she receives notice that the | ||||||
| 20 | permit holder fails
to comply with any provision of this | ||||||
| 21 | Section or any rule promulgated for the
administration of | ||||||
| 22 | this Section.
| ||||||
| 23 | (3) The Secretary of State shall cancel a school bus
| ||||||
| 24 | driver permit if the permit holder's restricted commercial | ||||||
| 25 | or
commercial driving privileges are withdrawn or | ||||||
| 26 | otherwise
invalidated.
| ||||||
| |||||||
| |||||||
| 1 | (4) The Secretary of State may not issue a school bus
| ||||||
| 2 | driver permit for a period of 3 years to an applicant who | ||||||
| 3 | fails to
obtain a negative result on a drug test as | ||||||
| 4 | required in item 6 of
subsection (a) of this Section or | ||||||
| 5 | under federal law.
| ||||||
| 6 | (5) The Secretary of State shall forthwith suspend
a | ||||||
| 7 | school bus driver permit for a period of 3 years upon | ||||||
| 8 | receiving
notice that the holder has failed to obtain a | ||||||
| 9 | negative result on a
drug test as required in item 6 of | ||||||
| 10 | subsection (a) of this Section
or under federal law.
| ||||||
| 11 | (6) The Secretary of State shall suspend a school bus | ||||||
| 12 | driver permit for a period of 3 years upon receiving notice | ||||||
| 13 | from the employer that the holder failed to perform the | ||||||
| 14 | inspection procedure set forth in subsection (a) or (b) of | ||||||
| 15 | Section 12-816 of this Code. | ||||||
| 16 | (7) The Secretary of State shall suspend a school bus | ||||||
| 17 | driver permit for a period of 3 years upon receiving notice | ||||||
| 18 | from the employer that the holder refused to submit to an | ||||||
| 19 | alcohol or drug test as required by Section 6-106.1c or has | ||||||
| 20 | submitted to a test required by that Section which | ||||||
| 21 | disclosed an alcohol concentration of more than 0.00 or | ||||||
| 22 | disclosed a positive result on a National Institute on Drug | ||||||
| 23 | Abuse five-drug panel, utilizing federal standards set | ||||||
| 24 | forth in 49 CFR 40.87. | ||||||
| 25 | The Secretary of State shall notify the State | ||||||
| 26 | Superintendent
of Education and the permit holder's | ||||||
| |||||||
| |||||||
| 1 | prospective or current
employer that the applicant has (1) has | ||||||
| 2 | failed a criminal
background investigation or (2) is no
longer | ||||||
| 3 | eligible for a school bus driver permit; and of the related
| ||||||
| 4 | cancellation of the applicant's provisional school bus driver | ||||||
| 5 | permit. The
cancellation shall remain in effect pending the | ||||||
| 6 | outcome of a
hearing pursuant to Section 2-118 of this Code. | ||||||
| 7 | The scope of the
hearing shall be limited to the issuance | ||||||
| 8 | criteria contained in
subsection (a) of this Section. A | ||||||
| 9 | petition requesting a
hearing shall be submitted to the | ||||||
| 10 | Secretary of State and shall
contain the reason the individual | ||||||
| 11 | feels he or she is entitled to a
school bus driver permit. The | ||||||
| 12 | permit holder's
employer shall notify in writing to the | ||||||
| 13 | Secretary of State
that the employer has certified the removal | ||||||
| 14 | of the offending school
bus driver from service prior to the | ||||||
| 15 | start of that school bus
driver's next workshift. An employing | ||||||
| 16 | school board that fails to
remove the offending school bus | ||||||
| 17 | driver from service is
subject to the penalties defined in | ||||||
| 18 | Section 3-14.23 of the School Code. A
school bus
contractor who | ||||||
| 19 | violates a provision of this Section is
subject to the | ||||||
| 20 | penalties defined in Section 6-106.11.
| ||||||
| 21 | All valid school bus driver permits issued under this | ||||||
| 22 | Section
prior to January 1, 1995, shall remain effective until | ||||||
| 23 | their
expiration date unless otherwise invalidated.
| ||||||
| 24 | (h) When a school bus driver permit holder who is a service | ||||||
| 25 | member is called to active duty, the employer of the permit | ||||||
| 26 | holder shall notify the Secretary of State, within 30 days of | ||||||
| |||||||
| |||||||
| 1 | notification from the permit holder, that the permit holder has | ||||||
| 2 | been called to active duty. Upon notification pursuant to this | ||||||
| 3 | subsection, (i) the Secretary of State shall characterize the | ||||||
| 4 | permit as inactive until a permit holder renews the permit as | ||||||
| 5 | provided in subsection (i) of this Section, and (ii) if a | ||||||
| 6 | permit holder fails to comply with the requirements of this | ||||||
| 7 | Section while called to active duty, the Secretary of State | ||||||
| 8 | shall not characterize the permit as invalid. | ||||||
| 9 | (i) A school bus driver permit holder who is a service | ||||||
| 10 | member returning from active duty must, within 90 days, renew a | ||||||
| 11 | permit characterized as inactive pursuant to subsection (h) of | ||||||
| 12 | this Section by complying with the renewal requirements of | ||||||
| 13 | subsection (b) of this Section. | ||||||
| 14 | (j) For purposes of subsections (h) and (i) of this | ||||||
| 15 | Section: | ||||||
| 16 | "Active duty" means active duty pursuant to an executive | ||||||
| 17 | order of the President of the United States, an act of the | ||||||
| 18 | Congress of the United States, or an order of the Governor. | ||||||
| 19 | "Service member" means a member of the Armed Services or | ||||||
| 20 | reserve forces of the United States or a member of the Illinois | ||||||
| 21 | National Guard. | ||||||
| 22 | (k) A private carrier employer of a school bus driver | ||||||
| 23 | permit holder, having satisfied the employer requirements of | ||||||
| 24 | this Section, shall be held to a standard of ordinary care for | ||||||
| 25 | intentional acts committed in the course of employment by the | ||||||
| 26 | bus driver permit holder. This subsection (k) shall in no way | ||||||
| |||||||
| |||||||
| 1 | limit the liability of the private carrier employer for | ||||||
| 2 | violation of any provision of this Section or for the negligent | ||||||
| 3 | hiring or retention of a school bus driver permit holder. | ||||||
| 4 | (Source: P.A. 99-148, eff. 1-1-16; 99-173, eff. 7-29-15; | ||||||
| 5 | revised 11-2-15.)
| ||||||
| 6 | (625 ILCS 5/6-115) (from Ch. 95 1/2, par. 6-115)
| ||||||
| 7 | Sec. 6-115. Expiration of driver's license.
| ||||||
| 8 | (a) Except as provided elsewhere in this Section, every
| ||||||
| 9 | driver's license issued under the provisions of
this Code shall
| ||||||
| 10 | expire 4 years from the date of its issuance, or at such later
| ||||||
| 11 | date, as the Secretary of State may by proper rule and | ||||||
| 12 | regulation designate,
not to exceed 12 calendar months; in the | ||||||
| 13 | event
that an applicant for renewal of a driver's license fails
| ||||||
| 14 | to apply prior to
the expiration date of the previous driver's | ||||||
| 15 | license, the renewal driver's
license
shall expire 4 years from | ||||||
| 16 | the expiration date of the previous
driver's license, or at | ||||||
| 17 | such later date as the Secretary of State may
by proper rule | ||||||
| 18 | and
regulation designate, not to exceed 12 calendar months.
| ||||||
| 19 | The Secretary of State may, however, issue to a
person not | ||||||
| 20 | previously licensed as a driver in Illinois a driver's
license
| ||||||
| 21 | which will expire not less than 4 years nor more than 5
years | ||||||
| 22 | from date of
issuance, except as provided elsewhere in this | ||||||
| 23 | Section.
| ||||||
| 24 | (a-5) Beginning July 1, 2016, every driver's license issued | ||||||
| 25 | under this Code to an applicant who is not a United States | ||||||
| |||||||
| |||||||
| 1 | citizen shall expire on whichever is the earlier date of the | ||||||
| 2 | following: | ||||||
| 3 | (1) as provided under subsection (a), (f), (g), or (i) | ||||||
| 4 | of this Section; or | ||||||
| 5 | (2) on the date the applicant's authorized stay in the | ||||||
| 6 | United States terminates. | ||||||
| 7 | (b) Before the expiration of a driver's license, except | ||||||
| 8 | those
licenses expiring on the individual's 21st birthday, or 3 | ||||||
| 9 | months after
the individual's 21st birthday, the holder thereof | ||||||
| 10 | may apply for a renewal
thereof, subject to all the provisions | ||||||
| 11 | of Section 6-103, and the Secretary
of State may require an | ||||||
| 12 | examination of the applicant. A licensee
whose driver's license | ||||||
| 13 | expires on his 21st birthday, or 3 months after
his 21st | ||||||
| 14 | birthday, may not apply for a renewal of his driving privileges
| ||||||
| 15 | until he reaches the age of 21.
| ||||||
| 16 | (c) The Secretary of State shall, 30 days prior to the | ||||||
| 17 | expiration of a
driver's license, forward to each person whose | ||||||
| 18 | license
is to expire a
notification of the expiration of said | ||||||
| 19 | license which may
be presented at the time of renewal of said | ||||||
| 20 | license.
| ||||||
| 21 | There may be included with such notification information | ||||||
| 22 | explaining
the anatomical gift and Emergency Medical | ||||||
| 23 | Information Card provisions of
Section 6-110. The format and | ||||||
| 24 | text of such information
shall be prescribed by the Secretary.
| ||||||
| 25 | There shall be included with such notification,
for a | ||||||
| 26 | period of 4 years beginning January 1, 2000 information | ||||||
| |||||||
| |||||||
| 1 | regarding the
Illinois Adoption Registry and Medical | ||||||
| 2 | Information Exchange established in
Section 18.1 of the | ||||||
| 3 | Adoption Act.
| ||||||
| 4 | (d) The Secretary may defer the expiration of the driver's | ||||||
| 5 | license
of a licensee, spouse, and dependent children who are | ||||||
| 6 | living with such licensee
while on active duty, serving in the | ||||||
| 7 | Armed Forces of the United
States outside of the State of | ||||||
| 8 | Illinois, and 120 days thereafter, upon such
terms and | ||||||
| 9 | conditions as the Secretary may prescribe.
| ||||||
| 10 | (d-5) The Secretary may defer the expiration of the | ||||||
| 11 | driver's license of a licensee, or of a spouse or dependent | ||||||
| 12 | children living with the licensee, serving as a civilian | ||||||
| 13 | employee of the United States Armed Forces or the United States | ||||||
| 14 | Department of Defense, outside of the State of Illinois, and | ||||||
| 15 | 120 days thereafter, upon such terms and conditions as the | ||||||
| 16 | Secretary may prescribe. | ||||||
| 17 | (e) The Secretary of State may decline to process a renewal | ||||||
| 18 | of a driver's
license
of any person who has not paid any fee or | ||||||
| 19 | tax due under this Code and is not
paid upon reasonable notice | ||||||
| 20 | and demand.
| ||||||
| 21 | (f) The Secretary shall provide that each original or | ||||||
| 22 | renewal driver's
license issued to a licensee under 21 years of | ||||||
| 23 | age shall expire 3 months
after the licensee's 21st birthday. | ||||||
| 24 | Persons whose current driver's licenses
expire on their 21st | ||||||
| 25 | birthday on or after January 1, 1986 shall not renew their
| ||||||
| 26 | driver's license before their 21st birthday, and their current | ||||||
| |||||||
| |||||||
| 1 | driver's
license will be extended for an additional term of 3 | ||||||
| 2 | months beyond their
21st birthday. Thereafter, the expiration | ||||||
| 3 | and term of the driver's license
shall be governed by | ||||||
| 4 | subsection (a) hereof.
| ||||||
| 5 | (g) The Secretary shall provide that each original or | ||||||
| 6 | renewal driver's
license issued to a licensee 81 years of age | ||||||
| 7 | through age 86 shall expire 2
years from the date of issuance, | ||||||
| 8 | or at such later date as the Secretary may
by rule and | ||||||
| 9 | regulation designate, not to exceed an additional 12 calendar
| ||||||
| 10 | months. The
Secretary shall also provide that each original or | ||||||
| 11 | renewal driver's license
issued to a licensee 87 years of age | ||||||
| 12 | or older shall expire 12 months from
the date of issuance, or | ||||||
| 13 | at such later date as the Secretary may by rule
and regulation | ||||||
| 14 | designate, not to exceed an additional 12 calendar months.
| ||||||
| 15 | (h) The Secretary of State shall provide that each special
| ||||||
| 16 | restricted driver's license issued under subsection (g) of | ||||||
| 17 | Section
6-113 of this Code shall expire 12 months from the date | ||||||
| 18 | of
issuance. The Secretary shall adopt rules defining renewal
| ||||||
| 19 | requirements.
| ||||||
| 20 | (i) The Secretary of State shall provide that each driver's | ||||||
| 21 | license issued to a person convicted of a sex offense as | ||||||
| 22 | defined in Section 2 of the Sex Offender Registration Act shall | ||||||
| 23 | expire 12 months from the date of issuance or at such date as | ||||||
| 24 | the Secretary may by rule designate, not to exceed an | ||||||
| 25 | additional 12 calendar months. The Secretary may adopt rules | ||||||
| 26 | defining renewal requirements.
| ||||||
| |||||||
| |||||||
| 1 | (Source: P.A. 99-118, eff. 1-1-16; 99-305, eff. 1-1-16; revised | ||||||
| 2 | 11-3-15.)
| ||||||
| 3 | (625 ILCS 5/6-118)
| ||||||
| 4 | Sec. 6-118. Fees. | ||||||
| 5 | (a) The fee for licenses and permits under this
Article is | ||||||
| 6 | as follows: | ||||||
| 7 | Original driver's license.............................$30 | ||||||
| 8 | Original or renewal driver's license | ||||||
| 9 | issued to 18, 19 and 20 year olds.................. 5 | ||||||
| 10 | All driver's licenses for persons | ||||||
| 11 | age 69 through age 80.............................. 5 | ||||||
| 12 | All driver's licenses for persons | ||||||
| 13 | age 81 through age 86.............................. 2 | ||||||
| 14 | All driver's licenses for persons | ||||||
| 15 | age 87 or older.....................................0 | ||||||
| 16 | Renewal driver's license (except for | ||||||
| 17 | applicants ages 18, 19 and 20 or | ||||||
| 18 | age 69 and older)..................................30 | ||||||
| 19 | Original instruction permit issued to | ||||||
| 20 | persons (except those age 69 and older) | ||||||
| 21 | who do not hold or have not previously | ||||||
| 22 | held an Illinois instruction permit or | ||||||
| 23 | driver's license.................................. 20 | ||||||
| 24 | Instruction permit issued to any person | ||||||
| 25 | holding an Illinois driver's license | ||||||
| |||||||
| |||||||
| 1 | who wishes a change in classifications, | ||||||
| 2 | other than at the time of renewal.................. 5 | ||||||
| 3 | Any instruction permit issued to a person | ||||||
| 4 | age 69 and older................................... 5 | ||||||
| 5 | Instruction permit issued to any person, | ||||||
| 6 | under age 69, not currently holding a | ||||||
| 7 | valid Illinois driver's license or | ||||||
| 8 | instruction permit but who has | ||||||
| 9 | previously been issued either document | ||||||
| 10 | in Illinois....................................... 10 | ||||||
| 11 | Restricted driving permit.............................. 8 | ||||||
| 12 | Monitoring device driving permit...................... 8 | ||||||
| 13 | Duplicate or corrected driver's license | ||||||
| 14 | or permit.......................................... 5 | ||||||
| 15 | Duplicate or corrected restricted | ||||||
| 16 | driving permit..................................... 5 | ||||||
| 17 | Duplicate or corrected monitoring | ||||||
| 18 | device driving permit.................................. 5 | ||||||
| 19 | Duplicate driver's license or permit issued to | ||||||
| 20 | an active-duty member of the | ||||||
| 21 | United States Armed Forces, | ||||||
| 22 | the member's spouse, or | ||||||
| 23 | the dependent children living | ||||||
| 24 | with the member................................... 0 | ||||||
| 25 | Original or renewal M or L endorsement................. 5 | ||||||
| 26 | SPECIAL FEES FOR COMMERCIAL DRIVER'S LICENSE | ||||||
| |||||||
| |||||||
| 1 | The fees for commercial driver licenses and permits | ||||||
| 2 | under Article V
shall be as follows: | ||||||
| 3 | Commercial driver's license: | ||||||
| 4 | $6 for the CDLIS/AAMVAnet/NMVTIS Trust Fund | ||||||
| 5 | (Commercial Driver's License Information | ||||||
| 6 | System/American Association of Motor Vehicle | ||||||
| 7 | Administrators network/National Motor Vehicle | ||||||
| 8 | Title Information Service Trust Fund); | ||||||
| 9 | $20 for the Motor Carrier Safety Inspection Fund; | ||||||
| 10 | $10 for the driver's license; | ||||||
| 11 | and $24 for the CDL:............................. $60 | ||||||
| 12 | Renewal commercial driver's license: | ||||||
| 13 | $6 for the CDLIS/AAMVAnet/NMVTIS Trust Fund; | ||||||
| 14 | $20 for the Motor Carrier Safety Inspection Fund; | ||||||
| 15 | $10 for the driver's license; and | ||||||
| 16 | $24 for the CDL:................................. $60 | ||||||
| 17 | Commercial learner's permit | ||||||
| 18 | issued to any person holding a valid | ||||||
| 19 | Illinois driver's license for the | ||||||
| 20 | purpose of changing to a | ||||||
| 21 | CDL classification: $6 for the | ||||||
| 22 | CDLIS/AAMVAnet/NMVTIS Trust Fund; | ||||||
| 23 | $20 for the Motor Carrier | ||||||
| 24 | Safety Inspection Fund; and | ||||||
| 25 | $24 for the CDL classification................... $50 | ||||||
| 26 | Commercial learner's permit | ||||||
| |||||||
| |||||||
| 1 | issued to any person holding a valid | ||||||
| 2 | Illinois CDL for the purpose of | ||||||
| 3 | making a change in a classification, | ||||||
| 4 | endorsement or restriction........................ $5 | ||||||
| 5 | CDL duplicate or corrected license.................... $5 | ||||||
| 6 | In order to ensure the proper implementation of the Uniform | ||||||
| 7 | Commercial
Driver License Act, Article V of this Chapter, the | ||||||
| 8 | Secretary of State is
empowered to pro-rate the $24 fee for the | ||||||
| 9 | commercial driver's license
proportionate to the expiration | ||||||
| 10 | date of the applicant's Illinois driver's
license. | ||||||
| 11 | The fee for any duplicate license or permit shall be waived | ||||||
| 12 | for any
person who presents the Secretary of State's office | ||||||
| 13 | with a
police report showing that his license or permit was | ||||||
| 14 | stolen. | ||||||
| 15 | The fee for any duplicate license or permit shall be waived | ||||||
| 16 | for any
person age 60 or older whose driver's license or permit | ||||||
| 17 | has been lost or stolen. | ||||||
| 18 | No additional fee shall be charged for a driver's license, | ||||||
| 19 | or for a
commercial driver's license, when issued
to the holder | ||||||
| 20 | of an instruction permit for the same classification or
type of | ||||||
| 21 | license who becomes eligible for such
license. | ||||||
| 22 | (b) Any person whose license or privilege to operate a | ||||||
| 23 | motor vehicle
in this State has been suspended or revoked under | ||||||
| 24 | Section 3-707, any
provision of
Chapter 6, Chapter 11, or | ||||||
| 25 | Section 7-205, 7-303, or 7-702 of the Family
Financial
| ||||||
| 26 | Responsibility Law of this Code, shall in addition to any other
| ||||||
| |||||||
| |||||||
| 1 | fees required by this Code, pay a reinstatement fee as follows: | ||||||
| 2 | Suspension under Section 3-707.....................
$100
| ||||||
| 3 | Suspension under Section 11-1431....................$100 | ||||||
| 4 | Summary suspension under Section 11-501.1...........$250
| ||||||
| 5 | Suspension under Section 11-501.9...................$250 | ||||||
| 6 | Summary revocation under Section 11-501.1............$500 | ||||||
| 7 | Other suspension......................................$70 | ||||||
| 8 | Revocation...........................................$500 | ||||||
| 9 | However, any person whose license or privilege to operate a | ||||||
| 10 | motor vehicle
in this State has been suspended or revoked for a | ||||||
| 11 | second or subsequent time
for a violation of Section 11-501, | ||||||
| 12 | 11-501.1, or 11-501.9
of this Code or a similar provision of a | ||||||
| 13 | local ordinance
or a similar out-of-state offense
or Section | ||||||
| 14 | 9-3 of the Criminal Code of 1961 or the Criminal Code of 2012
| ||||||
| 15 | and each suspension or revocation was for a violation of | ||||||
| 16 | Section 11-501,
11-501.1, or 11-501.9 of this Code or a similar | ||||||
| 17 | provision of a local ordinance
or a similar out-of-state | ||||||
| 18 | offense
or Section
9-3 of the Criminal Code of 1961 or the | ||||||
| 19 | Criminal Code of 2012
shall pay, in addition to any other
fees | ||||||
| 20 | required by this Code, a
reinstatement
fee as follows: | ||||||
| 21 | Summary suspension under Section 11-501.1............$500 | ||||||
| 22 | Suspension under Section 11-501.9...................$500 | ||||||
| 23 | Summary revocation under Section 11-501.1............$500 | ||||||
| 24 | Revocation...........................................$500 | ||||||
| 25 | (c) All fees collected under the provisions of this Chapter | ||||||
| 26 | 6 shall be disbursed under subsection (g) of Section 2-119 of | ||||||
| |||||||
| |||||||
| 1 | this Code,
except as follows: | ||||||
| 2 | 1. The following amounts shall be paid into the Driver | ||||||
| 3 | Education Fund: | ||||||
| 4 | (A) $16 of the $20
fee for an original driver's | ||||||
| 5 | instruction permit; | ||||||
| 6 | (B) $5 of the $30 fee for an original driver's | ||||||
| 7 | license; | ||||||
| 8 | (C) $5 of the $30 fee for a 4 year renewal driver's | ||||||
| 9 | license;
| ||||||
| 10 | (D) $4 of the $8 fee for a restricted driving | ||||||
| 11 | permit; and | ||||||
| 12 | (E) $4 of the $8 fee for a monitoring device | ||||||
| 13 | driving permit. | ||||||
| 14 | 2. $30 of the $250 fee for reinstatement of a
license
| ||||||
| 15 | summarily suspended under Section 11-501.1 or suspended | ||||||
| 16 | under Section 11-501.9 shall be deposited into the
Drunk | ||||||
| 17 | and Drugged Driving Prevention Fund.
However, for a person | ||||||
| 18 | whose license or privilege to operate a motor vehicle
in | ||||||
| 19 | this State has been suspended or revoked for a second or | ||||||
| 20 | subsequent time for
a violation of Section 11-501, | ||||||
| 21 | 11-501.1, or 11-501.9 of this Code or Section 9-3 of the
| ||||||
| 22 | Criminal Code of 1961 or the Criminal Code of 2012,
$190 of | ||||||
| 23 | the $500 fee for reinstatement of a license summarily
| ||||||
| 24 | suspended under
Section 11-501.1 or suspended under | ||||||
| 25 | Section 11-501.9,
and $190 of the $500 fee for | ||||||
| 26 | reinstatement of a revoked license
shall be deposited into | ||||||
| |||||||
| |||||||
| 1 | the Drunk and Drugged Driving Prevention Fund. $190 of the | ||||||
| 2 | $500 fee for reinstatement of a license summarily revoked | ||||||
| 3 | pursuant to Section 11-501.1 shall be deposited into the | ||||||
| 4 | Drunk and Drugged Driving Prevention Fund. | ||||||
| 5 | 3. $6 of the original or renewal fee for a commercial | ||||||
| 6 | driver's
license and $6 of the commercial learner's permit | ||||||
| 7 | fee when the
permit is issued to any person holding a valid | ||||||
| 8 | Illinois driver's license,
shall be paid into the | ||||||
| 9 | CDLIS/AAMVAnet/NMVTIS Trust Fund. | ||||||
| 10 | 4. $30 of the $70 fee for reinstatement of a license | ||||||
| 11 | suspended
under the
Family
Financial Responsibility Law | ||||||
| 12 | shall be paid into the Family Responsibility
Fund. | ||||||
| 13 | 5. The $5 fee for each original or renewal M or L | ||||||
| 14 | endorsement shall be
deposited into the Cycle Rider Safety | ||||||
| 15 | Training Fund. | ||||||
| 16 | 6. $20 of any original or renewal fee for a commercial | ||||||
| 17 | driver's
license or commercial learner's permit shall be | ||||||
| 18 | paid into the Motor
Carrier Safety Inspection Fund. | ||||||
| 19 | 7. The following amounts shall be paid into the General | ||||||
| 20 | Revenue Fund: | ||||||
| 21 | (A) $190 of the $250 reinstatement fee for a | ||||||
| 22 | summary suspension under
Section 11-501.1 or a | ||||||
| 23 | suspension under Section 11-501.9; | ||||||
| 24 | (B) $40 of the $70 reinstatement fee for any other | ||||||
| 25 | suspension provided
in subsection (b) of this Section; | ||||||
| 26 | and | ||||||
| |||||||
| |||||||
| 1 | (C) $440 of the $500 reinstatement fee for a first | ||||||
| 2 | offense revocation
and $310 of the $500 reinstatement | ||||||
| 3 | fee for a second or subsequent revocation. | ||||||
| 4 | 8. Fees collected under paragraph (4) of subsection (d) | ||||||
| 5 | and subsection (h) of Section 6-205 of this Code; | ||||||
| 6 | subparagraph (C) of paragraph 3 of subsection (c) of | ||||||
| 7 | Section 6-206 of this Code; and paragraph (4) of subsection | ||||||
| 8 | (a) of Section 6-206.1 of this Code, shall be paid into the | ||||||
| 9 | funds set forth in those Sections. | ||||||
| 10 | (d) All of the proceeds of the additional fees imposed by | ||||||
| 11 | this amendatory Act of the 96th General Assembly shall be | ||||||
| 12 | deposited into the Capital Projects Fund. | ||||||
| 13 | (e) The additional fees imposed by this amendatory Act of | ||||||
| 14 | the 96th General Assembly shall become effective 90 days after | ||||||
| 15 | becoming law. | ||||||
| 16 | (f) As used in this Section, "active-duty member of the | ||||||
| 17 | United States Armed Forces" means a member of the Armed | ||||||
| 18 | Services or Reserve Forces of the United States or a member of | ||||||
| 19 | the Illinois National Guard who is called to active duty | ||||||
| 20 | pursuant to an executive order of the President of the United | ||||||
| 21 | States, an act of the Congress of the United States, or an | ||||||
| 22 | order of the Governor. | ||||||
| 23 | (Source: P.A. 98-176 (see Section 10 of P.A. 98-722 and Section | ||||||
| 24 | 10 of P.A. 99-414 for the effective date of changes made by | ||||||
| 25 | P.A. 98-176); 98-177, eff. 1-1-14; 98-756, eff. 7-16-14; | ||||||
| 26 | 98-1172, eff. 1-12-15; 99-127, eff. 1-1-16; 99-438, eff. | ||||||
| |||||||
| |||||||
| 1 | 1-1-16; revised 10-19-15.)
| ||||||
| 2 | (625 ILCS 5/6-205)
| ||||||
| 3 | Sec. 6-205. Mandatory revocation of license or permit; | ||||||
| 4 | Hardship cases.
| ||||||
| 5 | (a) Except as provided in this Section, the Secretary of | ||||||
| 6 | State shall
immediately revoke the license, permit, or driving | ||||||
| 7 | privileges of
any driver upon receiving a
report of the | ||||||
| 8 | driver's conviction of any of the following offenses:
| ||||||
| 9 | 1. Reckless homicide resulting from the operation of a | ||||||
| 10 | motor vehicle;
| ||||||
| 11 | 2. Violation of Section 11-501 of this Code or a | ||||||
| 12 | similar provision of
a local ordinance relating to the | ||||||
| 13 | offense of operating or being in physical
control of a | ||||||
| 14 | vehicle while under the influence of alcohol, other drug or
| ||||||
| 15 | drugs, intoxicating compound or compounds, or any | ||||||
| 16 | combination thereof;
| ||||||
| 17 | 3. Any felony under the laws of any State or the | ||||||
| 18 | federal government
in the commission of which a motor | ||||||
| 19 | vehicle was used;
| ||||||
| 20 | 4. Violation of Section 11-401 of this Code relating to | ||||||
| 21 | the offense of
leaving the scene of a traffic accident | ||||||
| 22 | involving death or personal injury;
| ||||||
| 23 | 5. Perjury or the making of a false affidavit or | ||||||
| 24 | statement under
oath to the Secretary of State under this | ||||||
| 25 | Code or under any
other law relating to the ownership or | ||||||
| |||||||
| |||||||
| 1 | operation of motor vehicles;
| ||||||
| 2 | 6. Conviction upon 3 charges of violation of Section | ||||||
| 3 | 11-503 of this
Code relating to the offense of reckless | ||||||
| 4 | driving committed within a
period of 12 months;
| ||||||
| 5 | 7. Conviction of any offense
defined in
Section 4-102 | ||||||
| 6 | of this Code;
| ||||||
| 7 | 8. Violation of Section 11-504 of this Code relating to | ||||||
| 8 | the offense
of drag racing;
| ||||||
| 9 | 9. Violation of Chapters 8 and 9 of this Code;
| ||||||
| 10 | 10. Violation of Section 12-5 of the Criminal Code of | ||||||
| 11 | 1961 or the Criminal Code of 2012 arising from
the use of a | ||||||
| 12 | motor vehicle;
| ||||||
| 13 | 11. Violation of Section 11-204.1 of this Code relating | ||||||
| 14 | to aggravated
fleeing or attempting to elude a peace | ||||||
| 15 | officer;
| ||||||
| 16 | 12. Violation of paragraph (1) of subsection (b) of | ||||||
| 17 | Section 6-507,
or a similar law of any other state, | ||||||
| 18 | relating to the
unlawful operation of a commercial motor | ||||||
| 19 | vehicle;
| ||||||
| 20 | 13. Violation of paragraph (a) of Section 11-502 of | ||||||
| 21 | this Code or a
similar provision of a local ordinance if | ||||||
| 22 | the driver has been previously
convicted of a violation of | ||||||
| 23 | that Section or a similar provision of a local
ordinance | ||||||
| 24 | and the driver was less than 21 years of age at the time of | ||||||
| 25 | the
offense;
| ||||||
| 26 | 14. Violation of paragraph (a) of Section 11-506 of | ||||||
| |||||||
| |||||||
| 1 | this Code or a similar provision of a local ordinance | ||||||
| 2 | relating to the offense of street racing;
| ||||||
| 3 | 15. A second or subsequent conviction of driving while | ||||||
| 4 | the person's driver's license, permit or privileges was | ||||||
| 5 | revoked for reckless homicide or a similar out-of-state | ||||||
| 6 | offense; | ||||||
| 7 | 16. Any offense against any provision in this Code, or | ||||||
| 8 | any local ordinance, regulating the
movement of traffic | ||||||
| 9 | when that offense was the proximate cause of the death of | ||||||
| 10 | any person. Any person whose driving privileges have been | ||||||
| 11 | revoked pursuant to this paragraph may seek to have the | ||||||
| 12 | revocation terminated or to have the length of revocation | ||||||
| 13 | reduced by requesting an administrative hearing with the | ||||||
| 14 | Secretary of State prior to the projected driver's license | ||||||
| 15 | application eligibility date; | ||||||
| 16 | 17. Violation of subsection (a-2) of Section 11-1301.3 | ||||||
| 17 | of this Code or a similar provision of a local ordinance; | ||||||
| 18 | 18. A second or subsequent conviction of illegal | ||||||
| 19 | possession, while operating or in actual physical control, | ||||||
| 20 | as a driver, of a motor vehicle, of any controlled | ||||||
| 21 | substance prohibited under the Illinois Controlled | ||||||
| 22 | Substances Act, any cannabis prohibited under the Cannabis | ||||||
| 23 | Control Act, or any methamphetamine prohibited under the | ||||||
| 24 | Methamphetamine Control and Community Protection Act. A | ||||||
| 25 | defendant found guilty of this offense while operating a | ||||||
| 26 | motor vehicle
shall have an entry made in the court record | ||||||
| |||||||
| |||||||
| 1 | by the presiding judge that
this offense did occur while | ||||||
| 2 | the defendant was operating a motor vehicle
and order the | ||||||
| 3 | clerk of the court to report the violation to the Secretary
| ||||||
| 4 | of State. | ||||||
| 5 | (b) The Secretary of State shall also immediately revoke | ||||||
| 6 | the license
or permit of any driver in the following | ||||||
| 7 | situations:
| ||||||
| 8 | 1. Of any minor upon receiving the notice provided for | ||||||
| 9 | in Section
5-901 of the Juvenile Court Act of 1987 that the | ||||||
| 10 | minor has been
adjudicated under that Act as having | ||||||
| 11 | committed an offense relating to
motor vehicles prescribed | ||||||
| 12 | in Section 4-103 of this Code;
| ||||||
| 13 | 2. Of any person when any other law of this State | ||||||
| 14 | requires either the
revocation or suspension of a license | ||||||
| 15 | or permit;
| ||||||
| 16 | 3. Of any person adjudicated under the Juvenile Court | ||||||
| 17 | Act of 1987 based on an offense determined to have been | ||||||
| 18 | committed in furtherance of the criminal activities of an | ||||||
| 19 | organized gang as provided in Section 5-710 of that Act, | ||||||
| 20 | and that involved the operation or use of a motor vehicle | ||||||
| 21 | or the use of a driver's license or permit. The revocation | ||||||
| 22 | shall remain in effect for the period determined by the | ||||||
| 23 | court. | ||||||
| 24 | (c)(1) Whenever a person is convicted of any of the | ||||||
| 25 | offenses enumerated in
this Section, the court may recommend | ||||||
| 26 | and the Secretary of State in his
discretion, without regard to | ||||||
| |||||||
| |||||||
| 1 | whether the recommendation is made by the
court may, upon | ||||||
| 2 | application,
issue to the person a
restricted driving permit | ||||||
| 3 | granting the privilege of driving a motor
vehicle between the | ||||||
| 4 | petitioner's residence and petitioner's place
of employment or | ||||||
| 5 | within the scope of the petitioner's employment related
duties, | ||||||
| 6 | or to allow the petitioner to transport himself or herself or a | ||||||
| 7 | family member
of the petitioner's household to a medical | ||||||
| 8 | facility for the receipt of necessary medical care or to allow | ||||||
| 9 | the
petitioner to transport himself or herself to and from | ||||||
| 10 | alcohol or drug remedial or rehabilitative activity | ||||||
| 11 | recommended by a licensed service provider, or to allow the
| ||||||
| 12 | petitioner to transport himself or herself or a family member | ||||||
| 13 | of the petitioner's household to classes, as a student, at an | ||||||
| 14 | accredited educational
institution, or to allow the petitioner | ||||||
| 15 | to transport children, elderly persons, or persons with | ||||||
| 16 | disabilities who do not hold driving privileges and are living | ||||||
| 17 | in the petitioner's household to and from daycare; if the | ||||||
| 18 | petitioner is able to demonstrate that no alternative means
of | ||||||
| 19 | transportation is reasonably available and that the petitioner | ||||||
| 20 | will not endanger
the public safety or welfare; provided that | ||||||
| 21 | the Secretary's discretion shall be
limited to cases where | ||||||
| 22 | undue hardship, as defined by the rules of the Secretary of | ||||||
| 23 | State, would result from a failure to issue the
restricted | ||||||
| 24 | driving permit.
| ||||||
| 25 | (1.5) A person subject to the provisions of paragraph 4 | ||||||
| 26 | of subsection (b) of Section 6-208 of this Code may make | ||||||
| |||||||
| |||||||
| 1 | application for a restricted driving permit at a hearing | ||||||
| 2 | conducted under Section 2-118 of this Code after the | ||||||
| 3 | expiration of 5 years from the effective date of the most | ||||||
| 4 | recent revocation, or after 5 years from the date of | ||||||
| 5 | release from a period of imprisonment resulting from a | ||||||
| 6 | conviction of the most recent offense, whichever is later, | ||||||
| 7 | provided the person, in addition to all other requirements | ||||||
| 8 | of the Secretary, shows by clear and convincing evidence: | ||||||
| 9 | (A) a minimum of 3 years of uninterrupted | ||||||
| 10 | abstinence from alcohol and the unlawful use or | ||||||
| 11 | consumption of cannabis under the Cannabis Control | ||||||
| 12 | Act, a controlled substance under the Illinois | ||||||
| 13 | Controlled Substances Act, an intoxicating compound | ||||||
| 14 | under the Use of Intoxicating Compounds Act, or | ||||||
| 15 | methamphetamine under the Methamphetamine Control and | ||||||
| 16 | Community Protection Act; and | ||||||
| 17 | (B) the successful completion of any | ||||||
| 18 | rehabilitative treatment and involvement in any | ||||||
| 19 | ongoing rehabilitative activity that may be | ||||||
| 20 | recommended by a properly licensed service provider | ||||||
| 21 | according to an assessment of the person's alcohol or | ||||||
| 22 | drug use under Section 11-501.01 of this Code. | ||||||
| 23 | In determining whether an applicant is eligible for a | ||||||
| 24 | restricted driving permit under this paragraph (1.5), the | ||||||
| 25 | Secretary may consider any relevant evidence, including, | ||||||
| 26 | but not limited to, testimony, affidavits, records, and the | ||||||
| |||||||
| |||||||
| 1 | results of regular alcohol or drug tests. Persons subject | ||||||
| 2 | to the provisions of paragraph 4 of subsection (b) of | ||||||
| 3 | Section 6-208 of this Code and who have been convicted of | ||||||
| 4 | more than one violation of paragraph (3), paragraph (4), or | ||||||
| 5 | paragraph (5) of subsection (a) of Section 11-501 of this | ||||||
| 6 | Code shall not be eligible to apply for a restricted | ||||||
| 7 | driving permit. | ||||||
| 8 | A restricted driving permit issued under this | ||||||
| 9 | paragraph (1.5) shall provide that the holder may only | ||||||
| 10 | operate motor vehicles equipped with an ignition interlock | ||||||
| 11 | device as required under paragraph (2) of subsection (c) of | ||||||
| 12 | this Section and subparagraph (A) of paragraph 3 of | ||||||
| 13 | subsection (c) of Section 6-206 of this Code. The Secretary | ||||||
| 14 | may revoke a restricted driving permit or amend the | ||||||
| 15 | conditions of a restricted driving permit issued under this | ||||||
| 16 | paragraph (1.5) if the holder operates a vehicle that is | ||||||
| 17 | not equipped with an ignition interlock device, or for any | ||||||
| 18 | other reason authorized under this Code. | ||||||
| 19 | A restricted driving permit issued under this | ||||||
| 20 | paragraph (1.5) shall be revoked, and the holder barred | ||||||
| 21 | from applying for or being issued a restricted driving | ||||||
| 22 | permit in the future, if the holder is subsequently | ||||||
| 23 | convicted of a violation of Section 11-501 of this Code, a | ||||||
| 24 | similar provision of a local ordinance, or a similar | ||||||
| 25 | offense in another state. | ||||||
| 26 | (2) If a person's license or permit is revoked or | ||||||
| |||||||
| |||||||
| 1 | suspended due to 2 or
more convictions of violating Section | ||||||
| 2 | 11-501 of this Code or a similar
provision of a local | ||||||
| 3 | ordinance or a similar out-of-state offense, or Section 9-3 | ||||||
| 4 | of the Criminal Code of 1961 or the Criminal Code of 2012, | ||||||
| 5 | where the use of alcohol or other drugs is recited as an | ||||||
| 6 | element of the offense, or a similar out-of-state offense, | ||||||
| 7 | or a combination of these offenses, arising out
of separate | ||||||
| 8 | occurrences, that person, if issued a restricted driving | ||||||
| 9 | permit,
may not operate a vehicle unless it has been | ||||||
| 10 | equipped with an ignition
interlock device as defined in | ||||||
| 11 | Section 1-129.1.
| ||||||
| 12 | (3) If:
| ||||||
| 13 | (A) a person's license or permit is revoked or | ||||||
| 14 | suspended 2 or more
times due to any combination of: | ||||||
| 15 | (i)
a single conviction of violating Section
| ||||||
| 16 | 11-501 of this Code or a similar provision of a | ||||||
| 17 | local ordinance or a similar
out-of-state offense, | ||||||
| 18 | or Section 9-3 of the Criminal Code of 1961 or the | ||||||
| 19 | Criminal Code of 2012, where the use of alcohol or | ||||||
| 20 | other drugs is recited as an element of the | ||||||
| 21 | offense, or a similar out-of-state offense; or | ||||||
| 22 | (ii)
a statutory summary suspension or | ||||||
| 23 | revocation under Section
11-501.1; or | ||||||
| 24 | (iii)
a suspension pursuant to Section | ||||||
| 25 | 6-203.1;
| ||||||
| 26 | arising out of
separate occurrences; or | ||||||
| |||||||
| |||||||
| 1 | (B)
a person has been convicted of one violation of | ||||||
| 2 | subparagraph (C) or (F) of paragraph (1) of subsection | ||||||
| 3 | (d) of Section 11-501 of this Code, Section 9-3 of the | ||||||
| 4 | Criminal Code of 1961 or the Criminal Code of 2012, | ||||||
| 5 | relating to the offense of reckless homicide where the | ||||||
| 6 | use of alcohol or other drugs was recited as an element | ||||||
| 7 | of the offense, or a similar provision of a law of | ||||||
| 8 | another state;
| ||||||
| 9 | that person, if issued a restricted
driving permit, may not | ||||||
| 10 | operate a vehicle unless it has been equipped with an
| ||||||
| 11 | ignition interlock device as defined in Section 1-129.1. | ||||||
| 12 | (4)
The person issued a permit conditioned on the use | ||||||
| 13 | of an ignition interlock device must pay to the Secretary | ||||||
| 14 | of State DUI Administration Fund an amount
not to exceed | ||||||
| 15 | $30 per month. The Secretary shall establish by rule the | ||||||
| 16 | amount
and the procedures, terms, and conditions relating | ||||||
| 17 | to these fees. | ||||||
| 18 | (5)
If the restricted driving permit is issued for | ||||||
| 19 | employment purposes, then
the prohibition against | ||||||
| 20 | operating a motor vehicle that is not equipped with an | ||||||
| 21 | ignition interlock device does not apply to the operation | ||||||
| 22 | of an occupational vehicle
owned or leased by that person's | ||||||
| 23 | employer when used solely for employment purposes. For any | ||||||
| 24 | person who, within a 5-year period, is convicted of a | ||||||
| 25 | second or subsequent offense under Section 11-501 of this | ||||||
| 26 | Code, or a similar provision of a local ordinance or | ||||||
| |||||||
| |||||||
| 1 | similar out-of-state offense, this employment exemption | ||||||
| 2 | does not apply until either a one-year one year period has | ||||||
| 3 | elapsed during which that person had his or her driving | ||||||
| 4 | privileges revoked or a one-year one year period has | ||||||
| 5 | elapsed during which that person had a restricted driving | ||||||
| 6 | permit which required the use of an ignition interlock | ||||||
| 7 | device on every motor vehicle owned or operated by that | ||||||
| 8 | person. | ||||||
| 9 | (6)
In each case the Secretary of State may issue a
| ||||||
| 10 | restricted driving permit for a period he deems | ||||||
| 11 | appropriate, except that the
permit shall expire within one | ||||||
| 12 | year from the date of issuance. A restricted
driving permit | ||||||
| 13 | issued under this Section shall be
subject to cancellation, | ||||||
| 14 | revocation, and suspension by the Secretary of
State in | ||||||
| 15 | like manner and for like cause as a driver's license issued
| ||||||
| 16 | under this Code may be cancelled, revoked, or
suspended; | ||||||
| 17 | except that a conviction upon one or more offenses against | ||||||
| 18 | laws or
ordinances regulating the movement of traffic shall | ||||||
| 19 | be deemed sufficient cause
for the revocation, suspension, | ||||||
| 20 | or cancellation of a restricted driving permit.
The | ||||||
| 21 | Secretary of State may, as a condition to the issuance of a | ||||||
| 22 | restricted
driving permit, require the petitioner to | ||||||
| 23 | participate in a designated driver
remedial or | ||||||
| 24 | rehabilitative program. The Secretary of State is | ||||||
| 25 | authorized to
cancel a restricted driving permit if the | ||||||
| 26 | permit holder does not successfully
complete the program. | ||||||
| |||||||
| |||||||
| 1 | However, if an individual's driving privileges have been
| ||||||
| 2 | revoked in accordance with paragraph 13 of subsection (a) | ||||||
| 3 | of this Section, no
restricted driving permit shall be | ||||||
| 4 | issued until the individual has served 6
months of the | ||||||
| 5 | revocation period.
| ||||||
| 6 | (c-5) (Blank).
| ||||||
| 7 | (c-6) If a person is convicted of a second violation of | ||||||
| 8 | operating a motor vehicle while the person's driver's license, | ||||||
| 9 | permit or privilege was revoked, where the revocation was for a | ||||||
| 10 | violation of Section 9-3 of the Criminal Code of 1961 or the | ||||||
| 11 | Criminal Code of 2012 relating to the offense of reckless | ||||||
| 12 | homicide or a similar out-of-state offense, the person's | ||||||
| 13 | driving privileges shall be revoked pursuant to subdivision | ||||||
| 14 | (a)(15) of this Section. The person may not make application | ||||||
| 15 | for a license or permit until the expiration of five years from | ||||||
| 16 | the effective date of the revocation or the expiration of five | ||||||
| 17 | years from the date of release from a term of imprisonment, | ||||||
| 18 | whichever is later. | ||||||
| 19 | (c-7) If a person is convicted of a third or subsequent | ||||||
| 20 | violation of operating a motor vehicle while the person's | ||||||
| 21 | driver's license, permit or privilege was revoked, where the | ||||||
| 22 | revocation was for a violation of Section 9-3 of the Criminal | ||||||
| 23 | Code of 1961 or the Criminal Code of 2012 relating to the | ||||||
| 24 | offense of reckless homicide or a similar out-of-state offense, | ||||||
| 25 | the person may never apply for a license or permit. | ||||||
| 26 | (d)(1) Whenever a person under the age of 21 is convicted | ||||||
| |||||||
| |||||||
| 1 | under Section
11-501 of this Code or a similar provision of a | ||||||
| 2 | local ordinance or a similar out-of-state offense, the
| ||||||
| 3 | Secretary of State shall revoke the driving privileges of that | ||||||
| 4 | person. One
year after the date of revocation, and upon | ||||||
| 5 | application, the Secretary of
State may, if satisfied that the | ||||||
| 6 | person applying will not endanger the
public safety or welfare, | ||||||
| 7 | issue a restricted driving permit granting the
privilege of | ||||||
| 8 | driving a motor vehicle only between the hours of 5 a.m. and 9
| ||||||
| 9 | p.m. or as otherwise provided by this Section for a period of | ||||||
| 10 | one year.
After this one-year one year period, and upon | ||||||
| 11 | reapplication for a license as
provided in Section 6-106, upon | ||||||
| 12 | payment of the appropriate reinstatement
fee provided under | ||||||
| 13 | paragraph (b) of Section 6-118, the Secretary of State,
in his | ||||||
| 14 | discretion, may
reinstate the petitioner's driver's license | ||||||
| 15 | and driving privileges, or extend the restricted driving permit | ||||||
| 16 | as many times as the
Secretary of State deems appropriate, by | ||||||
| 17 | additional periods of not more than
12 months each.
| ||||||
| 18 | (2) If a person's license or permit is revoked or | ||||||
| 19 | suspended due to 2 or
more convictions of violating Section | ||||||
| 20 | 11-501 of this Code or a similar
provision of a local | ||||||
| 21 | ordinance or a similar out-of-state offense, or Section 9-3 | ||||||
| 22 | of the Criminal Code of 1961 or the Criminal Code of 2012, | ||||||
| 23 | where the use of alcohol or other drugs is recited as an | ||||||
| 24 | element of the offense, or a similar out-of-state offense, | ||||||
| 25 | or a combination of these offenses, arising out
of separate | ||||||
| 26 | occurrences, that person, if issued a restricted driving | ||||||
| |||||||
| |||||||
| 1 | permit,
may not operate a vehicle unless it has been | ||||||
| 2 | equipped with an ignition
interlock device as defined in | ||||||
| 3 | Section 1-129.1.
| ||||||
| 4 | (3) If a person's license or permit is revoked or | ||||||
| 5 | suspended 2 or more times
due to any combination of: | ||||||
| 6 | (A) a single conviction of violating Section | ||||||
| 7 | 11-501
of this
Code or a similar provision of a local | ||||||
| 8 | ordinance or a similar out-of-state
offense, or | ||||||
| 9 | Section 9-3 of the Criminal Code of 1961 or the | ||||||
| 10 | Criminal Code of 2012, where the use of alcohol or | ||||||
| 11 | other drugs is recited as an element of the offense, or | ||||||
| 12 | a similar out-of-state offense; or | ||||||
| 13 | (B)
a statutory summary suspension or revocation | ||||||
| 14 | under Section 11-501.1; or | ||||||
| 15 | (C) a suspension pursuant to Section 6-203.1; | ||||||
| 16 | arising out of separate occurrences, that person, if issued | ||||||
| 17 | a
restricted
driving permit, may not operate a vehicle | ||||||
| 18 | unless it has been equipped with an
ignition interlock | ||||||
| 19 | device as defined in Section 1-129.1. | ||||||
| 20 | (3.5) If a person's license or permit is revoked or | ||||||
| 21 | suspended due to a conviction for a violation of | ||||||
| 22 | subparagraph (C) or (F) of paragraph (1) of subsection (d) | ||||||
| 23 | of Section 11-501 of this Code, or a similar provision of a | ||||||
| 24 | local ordinance or similar out-of-state offense, that | ||||||
| 25 | person, if issued a restricted driving permit, may not | ||||||
| 26 | operate a vehicle unless it has been equipped with an | ||||||
| |||||||
| |||||||
| 1 | ignition interlock device as defined in Section 1-129.1. | ||||||
| 2 | (4)
The person issued a permit conditioned upon the use | ||||||
| 3 | of an interlock device must pay to the Secretary of State | ||||||
| 4 | DUI Administration Fund an amount
not to exceed $30 per | ||||||
| 5 | month. The Secretary shall establish by rule the amount
and | ||||||
| 6 | the procedures, terms, and conditions relating to these | ||||||
| 7 | fees. | ||||||
| 8 | (5)
If the restricted driving permit is issued for | ||||||
| 9 | employment purposes, then
the prohibition against driving | ||||||
| 10 | a vehicle that is not equipped with an ignition interlock | ||||||
| 11 | device does not apply to the operation of an occupational | ||||||
| 12 | vehicle
owned or leased by that person's employer when used | ||||||
| 13 | solely for employment purposes. For any person who, within | ||||||
| 14 | a 5-year period, is convicted of a second or subsequent | ||||||
| 15 | offense under Section 11-501 of this Code, or a similar | ||||||
| 16 | provision of a local ordinance or similar out-of-state | ||||||
| 17 | offense, this employment exemption does not apply until | ||||||
| 18 | either a one-year one year period has elapsed during which | ||||||
| 19 | that person had his or her driving privileges revoked or a | ||||||
| 20 | one-year one year period has elapsed during which that | ||||||
| 21 | person had a restricted driving permit which required the | ||||||
| 22 | use of an ignition interlock device on every motor vehicle | ||||||
| 23 | owned or operated by that person. | ||||||
| 24 | (6) A
restricted driving permit issued under this | ||||||
| 25 | Section shall be subject to
cancellation, revocation, and | ||||||
| 26 | suspension by the Secretary of State in like
manner and for | ||||||
| |||||||
| |||||||
| 1 | like cause as a driver's license issued under this Code may | ||||||
| 2 | be
cancelled, revoked, or suspended; except that a | ||||||
| 3 | conviction upon one or more
offenses against laws or | ||||||
| 4 | ordinances regulating the movement of traffic
shall be | ||||||
| 5 | deemed sufficient cause for the revocation, suspension, or
| ||||||
| 6 | cancellation of a restricted driving permit.
| ||||||
| 7 | (d-5) The revocation of the license, permit, or driving | ||||||
| 8 | privileges of a person convicted of a third or subsequent | ||||||
| 9 | violation of Section 6-303 of this Code committed while his or | ||||||
| 10 | her driver's license, permit, or privilege was revoked because | ||||||
| 11 | of a violation of Section 9-3 of the Criminal Code of 1961 or | ||||||
| 12 | the Criminal Code of 2012, relating to the offense of reckless | ||||||
| 13 | homicide, or a similar provision of a law of another state, is | ||||||
| 14 | permanent. The Secretary may not, at any time, issue a license | ||||||
| 15 | or permit to that person.
| ||||||
| 16 | (e) This Section is subject to the provisions of the Driver | ||||||
| 17 | License
Compact.
| ||||||
| 18 | (f) Any revocation imposed upon any person under | ||||||
| 19 | subsections 2
and 3 of paragraph (b) that is in effect on | ||||||
| 20 | December 31, 1988 shall be
converted to a suspension for a like | ||||||
| 21 | period of time.
| ||||||
| 22 | (g) The Secretary of State shall not issue a restricted | ||||||
| 23 | driving permit to
a person under the age of 16 years whose | ||||||
| 24 | driving privileges have been revoked
under any provisions of | ||||||
| 25 | this Code.
| ||||||
| 26 | (h) The Secretary of State shall require the use of | ||||||
| |||||||
| |||||||
| 1 | ignition interlock
devices for a period not less than 5 years | ||||||
| 2 | on all vehicles owned by a person who has been convicted of a
| ||||||
| 3 | second or subsequent offense under Section 11-501 of this Code | ||||||
| 4 | or a similar
provision of a local ordinance. The person must | ||||||
| 5 | pay to the Secretary of State DUI Administration Fund an amount | ||||||
| 6 | not to exceed $30 for each month that he or she uses the | ||||||
| 7 | device. The Secretary shall establish by rule and
regulation | ||||||
| 8 | the procedures for certification and use of the interlock
| ||||||
| 9 | system, the amount of the fee, and the procedures, terms, and | ||||||
| 10 | conditions relating to these fees. During the time period in | ||||||
| 11 | which a person is required to install an ignition interlock | ||||||
| 12 | device under this subsection (h), that person shall only | ||||||
| 13 | operate vehicles in which ignition interlock devices have been | ||||||
| 14 | installed, except as allowed by subdivision (c)(5) or (d)(5) of | ||||||
| 15 | this Section.
| ||||||
| 16 | (i) (Blank).
| ||||||
| 17 | (j) In accordance with 49 C.F.R. 384, the Secretary of | ||||||
| 18 | State may not issue a restricted driving permit for the | ||||||
| 19 | operation of a commercial motor vehicle to a person holding a | ||||||
| 20 | CDL whose driving privileges have been revoked, suspended, | ||||||
| 21 | cancelled, or disqualified under any provisions of this Code.
| ||||||
| 22 | (k) The Secretary of State shall notify by mail any person | ||||||
| 23 | whose driving privileges have been revoked under paragraph 16 | ||||||
| 24 | of subsection (a) of this Section that his or her driving | ||||||
| 25 | privileges and driver's license will be revoked 90 days from | ||||||
| 26 | the date of the mailing of the notice. | ||||||
| |||||||
| |||||||
| 1 | (Source: P.A. 99-143, eff. 7-27-15; 99-289, eff. 8-6-15; | ||||||
| 2 | 99-290, eff. 1-1-16; 99-296, eff. 1-1-16; 99-297, eff. 1-1-16; | ||||||
| 3 | 99-467, eff. 1-1-16; 99-483, eff. 1-1-16; revised 11-2-15.)
| ||||||
| 4 | (625 ILCS 5/6-206)
| ||||||
| 5 | Sec. 6-206. Discretionary authority to suspend or revoke | ||||||
| 6 | license or
permit; Right to a hearing.
| ||||||
| 7 | (a) The Secretary of State is authorized to suspend or | ||||||
| 8 | revoke the
driving privileges of any person without preliminary | ||||||
| 9 | hearing upon a showing
of the person's records or other | ||||||
| 10 | sufficient evidence that
the person:
| ||||||
| 11 | 1. Has committed an offense for which mandatory | ||||||
| 12 | revocation of
a driver's license or permit is required upon | ||||||
| 13 | conviction;
| ||||||
| 14 | 2. Has been convicted of not less than 3 offenses | ||||||
| 15 | against traffic
regulations governing the movement of | ||||||
| 16 | vehicles committed within any 12
month period. No | ||||||
| 17 | revocation or suspension shall be entered more than
6 | ||||||
| 18 | months after the date of last conviction;
| ||||||
| 19 | 3. Has been repeatedly involved as a driver in motor | ||||||
| 20 | vehicle
collisions or has been repeatedly convicted of | ||||||
| 21 | offenses against laws and
ordinances regulating the | ||||||
| 22 | movement of traffic, to a degree that
indicates lack of | ||||||
| 23 | ability to exercise ordinary and reasonable care in
the | ||||||
| 24 | safe operation of a motor vehicle or disrespect for the | ||||||
| 25 | traffic laws
and the safety of other persons upon the | ||||||
| |||||||
| |||||||
| 1 | highway;
| ||||||
| 2 | 4. Has by the unlawful operation of a motor vehicle | ||||||
| 3 | caused or
contributed to an accident resulting in injury | ||||||
| 4 | requiring
immediate professional treatment in a medical | ||||||
| 5 | facility or doctor's office
to any person, except that any | ||||||
| 6 | suspension or revocation imposed by the
Secretary of State | ||||||
| 7 | under the provisions of this subsection shall start no
| ||||||
| 8 | later than 6 months after being convicted of violating a | ||||||
| 9 | law or
ordinance regulating the movement of traffic, which | ||||||
| 10 | violation is related
to the accident, or shall start not | ||||||
| 11 | more than one year
after
the date of the accident, | ||||||
| 12 | whichever date occurs later;
| ||||||
| 13 | 5. Has permitted an unlawful or fraudulent use of a | ||||||
| 14 | driver's
license, identification card, or permit;
| ||||||
| 15 | 6. Has been lawfully convicted of an offense or | ||||||
| 16 | offenses in another
state, including the authorization | ||||||
| 17 | contained in Section 6-203.1, which
if committed within | ||||||
| 18 | this State would be grounds for suspension or revocation;
| ||||||
| 19 | 7. Has refused or failed to submit to an examination | ||||||
| 20 | provided for by
Section 6-207 or has failed to pass the | ||||||
| 21 | examination;
| ||||||
| 22 | 8. Is ineligible for a driver's license or permit under | ||||||
| 23 | the provisions
of Section 6-103;
| ||||||
| 24 | 9. Has made a false statement or knowingly concealed a | ||||||
| 25 | material fact
or has used false information or | ||||||
| 26 | identification in any application for a
license, | ||||||
| |||||||
| |||||||
| 1 | identification card, or permit;
| ||||||
| 2 | 10. Has possessed, displayed, or attempted to | ||||||
| 3 | fraudulently use any
license, identification card, or | ||||||
| 4 | permit not issued to the person;
| ||||||
| 5 | 11. Has operated a motor vehicle upon a highway of this | ||||||
| 6 | State when
the person's driving privilege or privilege to | ||||||
| 7 | obtain a driver's license
or permit was revoked or | ||||||
| 8 | suspended unless the operation was authorized by
a | ||||||
| 9 | monitoring device driving permit, judicial driving permit | ||||||
| 10 | issued prior to January 1, 2009, probationary license to | ||||||
| 11 | drive, or a restricted
driving permit issued under this | ||||||
| 12 | Code;
| ||||||
| 13 | 12. Has submitted to any portion of the application | ||||||
| 14 | process for
another person or has obtained the services of | ||||||
| 15 | another person to submit to
any portion of the application | ||||||
| 16 | process for the purpose of obtaining a
license, | ||||||
| 17 | identification card, or permit for some other person;
| ||||||
| 18 | 13. Has operated a motor vehicle upon a highway of this | ||||||
| 19 | State when
the person's driver's license or permit was | ||||||
| 20 | invalid under the provisions of
Sections 6-107.1 and
6-110;
| ||||||
| 21 | 14. Has committed a violation of Section 6-301, | ||||||
| 22 | 6-301.1, or 6-301.2
of this Code Act, or Section 14, 14A, | ||||||
| 23 | or 14B of the Illinois Identification Card
Act;
| ||||||
| 24 | 15. Has been convicted of violating Section 21-2 of the | ||||||
| 25 | Criminal Code
of 1961 or the Criminal Code of 2012 relating | ||||||
| 26 | to criminal trespass to vehicles in which case, the | ||||||
| |||||||
| |||||||
| 1 | suspension
shall be for one year;
| ||||||
| 2 | 16. Has been convicted of violating Section 11-204 of | ||||||
| 3 | this Code relating
to fleeing from a peace officer;
| ||||||
| 4 | 17. Has refused to submit to a test, or tests, as | ||||||
| 5 | required under Section
11-501.1 of this Code and the person | ||||||
| 6 | has not sought a hearing as
provided for in Section | ||||||
| 7 | 11-501.1;
| ||||||
| 8 | 18. Has, since issuance of a driver's license or | ||||||
| 9 | permit, been adjudged
to be afflicted with or suffering | ||||||
| 10 | from any mental disability or disease;
| ||||||
| 11 | 19. Has committed a violation of paragraph (a) or (b) | ||||||
| 12 | of Section 6-101
relating to driving without a driver's | ||||||
| 13 | license;
| ||||||
| 14 | 20. Has been convicted of violating Section 6-104 | ||||||
| 15 | relating to
classification of driver's license;
| ||||||
| 16 | 21. Has been convicted of violating Section 11-402 of
| ||||||
| 17 | this Code relating to leaving the scene of an accident | ||||||
| 18 | resulting in damage
to a vehicle in excess of $1,000, in | ||||||
| 19 | which case the suspension shall be
for one year;
| ||||||
| 20 | 22. Has used a motor vehicle in violating paragraph | ||||||
| 21 | (3), (4), (7), or
(9) of subsection (a) of Section 24-1 of | ||||||
| 22 | the Criminal Code of 1961 or the Criminal Code of 2012 | ||||||
| 23 | relating
to unlawful use of weapons, in which case the | ||||||
| 24 | suspension shall be for one
year;
| ||||||
| 25 | 23. Has, as a driver, been convicted of committing a | ||||||
| 26 | violation of
paragraph (a) of Section 11-502 of this Code | ||||||
| |||||||
| |||||||
| 1 | for a second or subsequent
time within one year of a | ||||||
| 2 | similar violation;
| ||||||
| 3 | 24. Has been convicted by a court-martial or punished | ||||||
| 4 | by non-judicial
punishment by military authorities of the | ||||||
| 5 | United States at a military
installation in Illinois or in | ||||||
| 6 | another state of or for a traffic related offense that is | ||||||
| 7 | the
same as or similar to an offense specified under | ||||||
| 8 | Section 6-205 or 6-206 of
this Code;
| ||||||
| 9 | 25. Has permitted any form of identification to be used | ||||||
| 10 | by another in
the application process in order to obtain or | ||||||
| 11 | attempt to obtain a license,
identification card, or | ||||||
| 12 | permit;
| ||||||
| 13 | 26. Has altered or attempted to alter a license or has | ||||||
| 14 | possessed an
altered license, identification card, or | ||||||
| 15 | permit;
| ||||||
| 16 | 27. Has violated Section 6-16 of the Liquor Control Act | ||||||
| 17 | of 1934;
| ||||||
| 18 | 28. Has been convicted for a first time of the illegal | ||||||
| 19 | possession, while operating or
in actual physical control, | ||||||
| 20 | as a driver, of a motor vehicle, of any
controlled | ||||||
| 21 | substance prohibited under the Illinois Controlled | ||||||
| 22 | Substances
Act, any cannabis prohibited under the Cannabis | ||||||
| 23 | Control
Act, or any methamphetamine prohibited under the | ||||||
| 24 | Methamphetamine Control and Community Protection Act, in | ||||||
| 25 | which case the person's driving privileges shall be | ||||||
| 26 | suspended for
one year.
Any defendant found guilty of this | ||||||
| |||||||
| |||||||
| 1 | offense while operating a motor vehicle,
shall have an | ||||||
| 2 | entry made in the court record by the presiding judge that
| ||||||
| 3 | this offense did occur while the defendant was operating a | ||||||
| 4 | motor vehicle
and order the clerk of the court to report | ||||||
| 5 | the violation to the Secretary
of State;
| ||||||
| 6 | 29. Has been convicted of the following offenses that | ||||||
| 7 | were committed
while the person was operating or in actual | ||||||
| 8 | physical control, as a driver,
of a motor vehicle: criminal | ||||||
| 9 | sexual assault,
predatory criminal sexual assault of a | ||||||
| 10 | child,
aggravated criminal sexual
assault, criminal sexual | ||||||
| 11 | abuse, aggravated criminal sexual abuse, juvenile
pimping, | ||||||
| 12 | soliciting for a juvenile prostitute, promoting juvenile | ||||||
| 13 | prostitution as described in subdivision (a)(1), (a)(2), | ||||||
| 14 | or (a)(3) of Section 11-14.4 of the Criminal Code of 1961 | ||||||
| 15 | or the Criminal Code of 2012, and the manufacture, sale or
| ||||||
| 16 | delivery of controlled substances or instruments used for | ||||||
| 17 | illegal drug use
or abuse in which case the driver's | ||||||
| 18 | driving privileges shall be suspended
for one year;
| ||||||
| 19 | 30. Has been convicted a second or subsequent time for | ||||||
| 20 | any
combination of the offenses named in paragraph 29 of | ||||||
| 21 | this subsection,
in which case the person's driving | ||||||
| 22 | privileges shall be suspended for 5
years;
| ||||||
| 23 | 31. Has refused to submit to a test as
required by | ||||||
| 24 | Section 11-501.6 of this Code or Section 5-16c of the Boat | ||||||
| 25 | Registration and Safety Act or has submitted to a test | ||||||
| 26 | resulting in
an alcohol concentration of 0.08 or more or | ||||||
| |||||||
| |||||||
| 1 | any amount of a drug, substance, or
compound resulting from | ||||||
| 2 | the unlawful use or consumption of cannabis as listed
in | ||||||
| 3 | the Cannabis Control Act, a controlled substance as listed | ||||||
| 4 | in the Illinois
Controlled Substances Act, an intoxicating | ||||||
| 5 | compound as listed in the Use of
Intoxicating Compounds | ||||||
| 6 | Act, or methamphetamine as listed in the Methamphetamine | ||||||
| 7 | Control and Community Protection Act, in which case the | ||||||
| 8 | penalty shall be
as prescribed in Section 6-208.1;
| ||||||
| 9 | 32. Has been convicted of Section 24-1.2 of the | ||||||
| 10 | Criminal Code of
1961 or the Criminal Code of 2012 relating | ||||||
| 11 | to the aggravated discharge of a firearm if the offender | ||||||
| 12 | was
located in a motor vehicle at the time the firearm was | ||||||
| 13 | discharged, in which
case the suspension shall be for 3 | ||||||
| 14 | years;
| ||||||
| 15 | 33. Has as a driver, who was less than 21 years of age | ||||||
| 16 | on the date of
the offense, been convicted a first time of | ||||||
| 17 | a violation of paragraph (a) of
Section 11-502 of this Code | ||||||
| 18 | or a similar provision of a local ordinance;
| ||||||
| 19 | 34. Has committed a violation of Section 11-1301.5 of | ||||||
| 20 | this Code or a similar provision of a local ordinance;
| ||||||
| 21 | 35. Has committed a violation of Section 11-1301.6 of | ||||||
| 22 | this Code or a similar provision of a local ordinance;
| ||||||
| 23 | 36. Is under the age of 21 years at the time of arrest | ||||||
| 24 | and has been
convicted of not less than 2 offenses against | ||||||
| 25 | traffic regulations governing
the movement of vehicles | ||||||
| 26 | committed within any 24 month period. No revocation
or | ||||||
| |||||||
| |||||||
| 1 | suspension shall be entered more than 6 months after the | ||||||
| 2 | date of last
conviction;
| ||||||
| 3 | 37. Has committed a violation of subsection (c) of | ||||||
| 4 | Section 11-907 of this
Code that resulted in damage to the | ||||||
| 5 | property of another or the death or injury of another;
| ||||||
| 6 | 38. Has been convicted of a violation of Section 6-20 | ||||||
| 7 | of the Liquor
Control Act of 1934 or a similar provision of | ||||||
| 8 | a local ordinance;
| ||||||
| 9 | 39. Has committed a second or subsequent violation of | ||||||
| 10 | Section
11-1201 of this Code;
| ||||||
| 11 | 40. Has committed a violation of subsection (a-1) of | ||||||
| 12 | Section 11-908 of
this Code; | ||||||
| 13 | 41. Has committed a second or subsequent violation of | ||||||
| 14 | Section 11-605.1 of this Code, a similar provision of a | ||||||
| 15 | local ordinance, or a similar violation in any other state | ||||||
| 16 | within 2 years of the date of the previous violation, in | ||||||
| 17 | which case the suspension shall be for 90 days; | ||||||
| 18 | 42. Has committed a violation of subsection (a-1) of | ||||||
| 19 | Section 11-1301.3 of this Code or a similar provision of a | ||||||
| 20 | local ordinance;
| ||||||
| 21 | 43. Has received a disposition of court supervision for | ||||||
| 22 | a violation of subsection (a), (d), or (e) of Section 6-20 | ||||||
| 23 | of the Liquor
Control Act of 1934 or a similar provision of | ||||||
| 24 | a local ordinance, in which case the suspension shall be | ||||||
| 25 | for a period of 3 months;
| ||||||
| 26 | 44.
Is under the age of 21 years at the time of arrest | ||||||
| |||||||
| |||||||
| 1 | and has been convicted of an offense against traffic | ||||||
| 2 | regulations governing the movement of vehicles after | ||||||
| 3 | having previously had his or her driving privileges
| ||||||
| 4 | suspended or revoked pursuant to subparagraph 36 of this | ||||||
| 5 | Section; | ||||||
| 6 | 45.
Has, in connection with or during the course of a | ||||||
| 7 | formal hearing conducted under Section 2-118 of this Code: | ||||||
| 8 | (i) committed perjury; (ii) submitted fraudulent or | ||||||
| 9 | falsified documents; (iii) submitted documents that have | ||||||
| 10 | been materially altered; or (iv) submitted, as his or her | ||||||
| 11 | own, documents that were in fact prepared or composed for | ||||||
| 12 | another person; | ||||||
| 13 | 46. Has committed a violation of subsection (j) of | ||||||
| 14 | Section 3-413 of this Code; or
| ||||||
| 15 | 47. Has committed a violation of Section 11-502.1 of | ||||||
| 16 | this Code. | ||||||
| 17 | For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26, | ||||||
| 18 | and 27 of this
subsection, license means any driver's license, | ||||||
| 19 | any traffic ticket issued when
the person's driver's license is | ||||||
| 20 | deposited in lieu of bail, a suspension
notice issued by the | ||||||
| 21 | Secretary of State, a duplicate or corrected driver's
license, | ||||||
| 22 | a probationary driver's license or a temporary driver's | ||||||
| 23 | license. | ||||||
| 24 | (b) If any conviction forming the basis of a suspension or
| ||||||
| 25 | revocation authorized under this Section is appealed, the
| ||||||
| 26 | Secretary of State may rescind or withhold the entry of the | ||||||
| |||||||
| |||||||
| 1 | order of suspension
or revocation, as the case may be, provided | ||||||
| 2 | that a certified copy of a stay
order of a court is filed with | ||||||
| 3 | the Secretary of State. If the conviction is
affirmed on | ||||||
| 4 | appeal, the date of the conviction shall relate back to the | ||||||
| 5 | time
the original judgment of conviction was entered and the 6 | ||||||
| 6 | month limitation
prescribed shall not apply.
| ||||||
| 7 | (c) 1. Upon suspending or revoking the driver's license or | ||||||
| 8 | permit of
any person as authorized in this Section, the | ||||||
| 9 | Secretary of State shall
immediately notify the person in | ||||||
| 10 | writing of the revocation or suspension.
The notice to be | ||||||
| 11 | deposited in the United States mail, postage prepaid,
to the | ||||||
| 12 | last known address of the person.
| ||||||
| 13 | 2. If the Secretary of State suspends the driver's license
| ||||||
| 14 | of a person under subsection 2 of paragraph (a) of this | ||||||
| 15 | Section, a
person's privilege to operate a vehicle as an | ||||||
| 16 | occupation shall not be
suspended, provided an affidavit is | ||||||
| 17 | properly completed, the appropriate fee
received, and a permit | ||||||
| 18 | issued prior to the effective date of the
suspension, unless 5 | ||||||
| 19 | offenses were committed, at least 2 of which occurred
while | ||||||
| 20 | operating a commercial vehicle in connection with the driver's
| ||||||
| 21 | regular occupation. All other driving privileges shall be | ||||||
| 22 | suspended by the
Secretary of State. Any driver prior to | ||||||
| 23 | operating a vehicle for
occupational purposes only must submit | ||||||
| 24 | the affidavit on forms to be
provided by the Secretary of State | ||||||
| 25 | setting forth the facts of the person's
occupation. The | ||||||
| 26 | affidavit shall also state the number of offenses
committed | ||||||
| |||||||
| |||||||
| 1 | while operating a vehicle in connection with the driver's | ||||||
| 2 | regular
occupation. The affidavit shall be accompanied by the | ||||||
| 3 | driver's license.
Upon receipt of a properly completed | ||||||
| 4 | affidavit, the Secretary of State
shall issue the driver a | ||||||
| 5 | permit to operate a vehicle in connection with the
driver's | ||||||
| 6 | regular occupation only. Unless the permit is issued by the
| ||||||
| 7 | Secretary of State prior to the date of suspension, the | ||||||
| 8 | privilege to drive
any motor vehicle shall be suspended as set | ||||||
| 9 | forth in the notice that was
mailed under this Section. If an | ||||||
| 10 | affidavit is received subsequent to the
effective date of this | ||||||
| 11 | suspension, a permit may be issued for the remainder
of the | ||||||
| 12 | suspension period.
| ||||||
| 13 | The provisions of this subparagraph shall not apply to any | ||||||
| 14 | driver
required to possess a CDL for the purpose of operating a | ||||||
| 15 | commercial motor vehicle.
| ||||||
| 16 | Any person who falsely states any fact in the affidavit | ||||||
| 17 | required
herein shall be guilty of perjury under Section 6-302 | ||||||
| 18 | and upon conviction
thereof shall have all driving privileges | ||||||
| 19 | revoked without further rights.
| ||||||
| 20 | 3. At the conclusion of a hearing under Section 2-118 of | ||||||
| 21 | this Code,
the Secretary of State shall either rescind or | ||||||
| 22 | continue an order of
revocation or shall substitute an order of | ||||||
| 23 | suspension; or, good
cause appearing therefor, rescind, | ||||||
| 24 | continue, change, or extend the
order of suspension. If the | ||||||
| 25 | Secretary of State does not rescind the order,
the Secretary | ||||||
| 26 | may upon application,
to relieve undue hardship (as defined by | ||||||
| |||||||
| |||||||
| 1 | the rules of the Secretary of State), issue
a restricted | ||||||
| 2 | driving permit granting the privilege of driving a motor
| ||||||
| 3 | vehicle between the petitioner's residence and petitioner's | ||||||
| 4 | place of
employment or within the scope of the petitioner's | ||||||
| 5 | employment related duties, or to
allow the petitioner to | ||||||
| 6 | transport himself or herself, or a family member of the
| ||||||
| 7 | petitioner's household to a medical facility, to receive | ||||||
| 8 | necessary medical care, to allow the petitioner to transport | ||||||
| 9 | himself or herself to and from alcohol or drug
remedial or | ||||||
| 10 | rehabilitative activity recommended by a licensed service | ||||||
| 11 | provider, or to allow the petitioner to transport himself or | ||||||
| 12 | herself or a family member of the petitioner's household to | ||||||
| 13 | classes, as a student, at an accredited educational | ||||||
| 14 | institution, or to allow the petitioner to transport children, | ||||||
| 15 | elderly persons, or persons with disabilities who do not hold | ||||||
| 16 | driving privileges and are living in the petitioner's household | ||||||
| 17 | to and from daycare. The
petitioner must demonstrate that no | ||||||
| 18 | alternative means of
transportation is reasonably available | ||||||
| 19 | and that the petitioner will not endanger
the public safety or | ||||||
| 20 | welfare.
| ||||||
| 21 | (A) If a person's license or permit is revoked or | ||||||
| 22 | suspended due to 2
or more convictions of violating Section | ||||||
| 23 | 11-501 of this Code or a similar
provision of a local | ||||||
| 24 | ordinance or a similar out-of-state offense, or Section 9-3 | ||||||
| 25 | of the Criminal Code of 1961 or the Criminal Code of 2012, | ||||||
| 26 | where the use of alcohol or other drugs is recited as an | ||||||
| |||||||
| |||||||
| 1 | element of the offense, or a similar out-of-state offense, | ||||||
| 2 | or a combination of these offenses, arising out
of separate | ||||||
| 3 | occurrences, that person, if issued a restricted driving | ||||||
| 4 | permit,
may not operate a vehicle unless it has been | ||||||
| 5 | equipped with an ignition
interlock device as defined in | ||||||
| 6 | Section 1-129.1.
| ||||||
| 7 | (B) If a person's license or permit is revoked or | ||||||
| 8 | suspended 2 or more
times due to any combination of: | ||||||
| 9 | (i) a single conviction of violating Section
| ||||||
| 10 | 11-501 of this Code or a similar provision of a local | ||||||
| 11 | ordinance or a similar
out-of-state offense or Section | ||||||
| 12 | 9-3 of the Criminal Code of 1961 or the Criminal Code | ||||||
| 13 | of 2012, where the use of alcohol or other drugs is | ||||||
| 14 | recited as an element of the offense, or a similar | ||||||
| 15 | out-of-state offense; or | ||||||
| 16 | (ii) a statutory summary suspension or revocation | ||||||
| 17 | under Section
11-501.1; or | ||||||
| 18 | (iii) a suspension under Section 6-203.1; | ||||||
| 19 | arising out of
separate occurrences; that person, if issued | ||||||
| 20 | a restricted driving permit, may
not operate a vehicle | ||||||
| 21 | unless it has been
equipped with an ignition interlock | ||||||
| 22 | device as defined in Section 1-129.1. | ||||||
| 23 | (B-5) If a person's license or permit is revoked or | ||||||
| 24 | suspended due to a conviction for a violation of | ||||||
| 25 | subparagraph (C) or (F) of paragraph (1) of subsection (d) | ||||||
| 26 | of Section 11-501 of this Code, or a similar provision of a | ||||||
| |||||||
| |||||||
| 1 | local ordinance or similar out-of-state offense, that | ||||||
| 2 | person, if issued a restricted driving permit, may not | ||||||
| 3 | operate a vehicle unless it has been equipped with an | ||||||
| 4 | ignition interlock device as defined in Section 1-129.1. | ||||||
| 5 | (C)
The person issued a permit conditioned upon the use | ||||||
| 6 | of an ignition interlock device must pay to the Secretary | ||||||
| 7 | of State DUI Administration Fund an amount
not to exceed | ||||||
| 8 | $30 per month. The Secretary shall establish by rule the | ||||||
| 9 | amount
and the procedures, terms, and conditions relating | ||||||
| 10 | to these fees. | ||||||
| 11 | (D) If the
restricted driving permit is issued for | ||||||
| 12 | employment purposes, then the prohibition against | ||||||
| 13 | operating a motor vehicle that is not equipped with an | ||||||
| 14 | ignition interlock device does not apply to the operation | ||||||
| 15 | of an occupational vehicle owned or
leased by that person's | ||||||
| 16 | employer when used solely for employment purposes. For any | ||||||
| 17 | person who, within a 5-year period, is convicted of a | ||||||
| 18 | second or subsequent offense under Section 11-501 of this | ||||||
| 19 | Code, or a similar provision of a local ordinance or | ||||||
| 20 | similar out-of-state offense, this employment exemption | ||||||
| 21 | does not apply until either a one-year one year period has | ||||||
| 22 | elapsed during which that person had his or her driving | ||||||
| 23 | privileges revoked or a one-year one year period has | ||||||
| 24 | elapsed during which that person had a restricted driving | ||||||
| 25 | permit which required the use of an ignition interlock | ||||||
| 26 | device on every motor vehicle owned or operated by that | ||||||
| |||||||
| |||||||
| 1 | person. | ||||||
| 2 | (E) In each case the Secretary may issue a
restricted | ||||||
| 3 | driving permit for a period deemed appropriate, except that | ||||||
| 4 | all
permits shall expire within one year from the date of | ||||||
| 5 | issuance. A
restricted driving permit issued under this | ||||||
| 6 | Section shall be subject to
cancellation, revocation, and | ||||||
| 7 | suspension by the Secretary of State in like
manner and for | ||||||
| 8 | like cause as a driver's license issued under this Code may | ||||||
| 9 | be
cancelled, revoked, or suspended; except that a | ||||||
| 10 | conviction upon one or more
offenses against laws or | ||||||
| 11 | ordinances regulating the movement of traffic
shall be | ||||||
| 12 | deemed sufficient cause for the revocation, suspension, or
| ||||||
| 13 | cancellation of a restricted driving permit. The Secretary | ||||||
| 14 | of State may, as
a condition to the issuance of a | ||||||
| 15 | restricted driving permit, require the
applicant to | ||||||
| 16 | participate in a designated driver remedial or | ||||||
| 17 | rehabilitative
program. The Secretary of State is | ||||||
| 18 | authorized to cancel a restricted
driving permit if the | ||||||
| 19 | permit holder does not successfully complete the program.
| ||||||
| 20 | (F) A person subject to the provisions of paragraph 4 | ||||||
| 21 | of subsection (b) of Section 6-208 of this Code may make | ||||||
| 22 | application for a restricted driving permit at a hearing | ||||||
| 23 | conducted under Section 2-118 of this Code after the | ||||||
| 24 | expiration of 5 years from the effective date of the most | ||||||
| 25 | recent revocation or after 5 years from the date of release | ||||||
| 26 | from a period of imprisonment resulting from a conviction | ||||||
| |||||||
| |||||||
| 1 | of the most recent offense, whichever is later, provided | ||||||
| 2 | the person, in addition to all other requirements of the | ||||||
| 3 | Secretary, shows by clear and convincing evidence: | ||||||
| 4 | (i) a minimum of 3 years of uninterrupted | ||||||
| 5 | abstinence from alcohol and the unlawful use or | ||||||
| 6 | consumption of cannabis under the Cannabis Control | ||||||
| 7 | Act, a controlled substance under the Illinois | ||||||
| 8 | Controlled Substances Act, an intoxicating compound | ||||||
| 9 | under the Use of Intoxicating Compounds Act, or | ||||||
| 10 | methamphetamine under the Methamphetamine Control and | ||||||
| 11 | Community Protection Act; and | ||||||
| 12 | (ii) the successful completion of any | ||||||
| 13 | rehabilitative treatment and involvement in any | ||||||
| 14 | ongoing rehabilitative activity that may be | ||||||
| 15 | recommended by a properly licensed service provider | ||||||
| 16 | according to an assessment of the person's alcohol or | ||||||
| 17 | drug use under Section 11-501.01 of this Code. | ||||||
| 18 | In determining whether an applicant is eligible for a | ||||||
| 19 | restricted driving permit under this subparagraph (F), the | ||||||
| 20 | Secretary may consider any relevant evidence, including, | ||||||
| 21 | but not limited to, testimony, affidavits, records, and the | ||||||
| 22 | results of regular alcohol or drug tests. Persons subject | ||||||
| 23 | to the provisions of paragraph 4 of subsection (b) of | ||||||
| 24 | Section 6-208 of this Code and who have been convicted of | ||||||
| 25 | more than one violation of paragraph (3), paragraph (4), or | ||||||
| 26 | paragraph (5) of subsection (a) of Section 11-501 of this | ||||||
| |||||||
| |||||||
| 1 | Code shall not be eligible to apply for a restricted | ||||||
| 2 | driving permit under this subparagraph (F). | ||||||
| 3 | A restricted driving permit issued under this | ||||||
| 4 | subparagraph (F) shall provide that the holder may only | ||||||
| 5 | operate motor vehicles equipped with an ignition interlock | ||||||
| 6 | device as required under paragraph (2) of subsection (c) of | ||||||
| 7 | Section 6-205 of this Code and subparagraph (A) of | ||||||
| 8 | paragraph 3 of subsection (c) of this Section. The | ||||||
| 9 | Secretary may revoke a restricted driving permit or amend | ||||||
| 10 | the conditions of a restricted driving permit issued under | ||||||
| 11 | this subparagraph (F) if the holder operates a vehicle that | ||||||
| 12 | is not equipped with an ignition interlock device, or for | ||||||
| 13 | any other reason authorized under this Code. | ||||||
| 14 | A restricted driving permit issued under this | ||||||
| 15 | subparagraph (F) shall be revoked, and the holder barred | ||||||
| 16 | from applying for or being issued a restricted driving | ||||||
| 17 | permit in the future, if the holder is convicted of a | ||||||
| 18 | violation of Section 11-501 of this Code, a similar | ||||||
| 19 | provision of a local ordinance, or a similar offense in | ||||||
| 20 | another state. | ||||||
| 21 | (c-3) In the case of a suspension under paragraph 43 of | ||||||
| 22 | subsection (a), reports received by the Secretary of State | ||||||
| 23 | under this Section shall, except during the actual time the | ||||||
| 24 | suspension is in effect, be privileged information and for use | ||||||
| 25 | only by the courts, police officers, prosecuting authorities, | ||||||
| 26 | the driver licensing administrator of any other state, the | ||||||
| |||||||
| |||||||
| 1 | Secretary of State, or the parent or legal guardian of a driver | ||||||
| 2 | under the age of 18. However, beginning January 1, 2008, if the | ||||||
| 3 | person is a CDL holder, the suspension shall also be made | ||||||
| 4 | available to the driver licensing administrator of any other | ||||||
| 5 | state, the U.S. Department of Transportation, and the affected | ||||||
| 6 | driver or motor
carrier or prospective motor carrier upon | ||||||
| 7 | request.
| ||||||
| 8 | (c-4) In the case of a suspension under paragraph 43 of | ||||||
| 9 | subsection (a), the Secretary of State shall notify the person | ||||||
| 10 | by mail that his or her driving privileges and driver's license | ||||||
| 11 | will be suspended one month after the date of the mailing of | ||||||
| 12 | the notice.
| ||||||
| 13 | (c-5) The Secretary of State may, as a condition of the | ||||||
| 14 | reissuance of a
driver's license or permit to an applicant | ||||||
| 15 | whose driver's license or permit has
been suspended before he | ||||||
| 16 | or she reached the age of 21 years pursuant to any of
the | ||||||
| 17 | provisions of this Section, require the applicant to | ||||||
| 18 | participate in a
driver remedial education course and be | ||||||
| 19 | retested under Section 6-109 of this
Code.
| ||||||
| 20 | (d) This Section is subject to the provisions of the | ||||||
| 21 | Drivers License
Compact.
| ||||||
| 22 | (e) The Secretary of State shall not issue a restricted | ||||||
| 23 | driving permit to
a person under the age of 16 years whose | ||||||
| 24 | driving privileges have been suspended
or revoked under any | ||||||
| 25 | provisions of this Code.
| ||||||
| 26 | (f) In accordance with 49 C.F.R. 384, the Secretary of | ||||||
| |||||||
| |||||||
| 1 | State may not issue a restricted driving permit for the | ||||||
| 2 | operation of a commercial motor vehicle to a person holding a | ||||||
| 3 | CDL whose driving privileges have been suspended, revoked, | ||||||
| 4 | cancelled, or disqualified under any provisions of this Code. | ||||||
| 5 | (Source: P.A. 98-103, eff. 1-1-14; 98-122, eff. 1-1-14; 98-726, | ||||||
| 6 | eff. 1-1-15; 98-756, eff. 7-16-14; 99-143, eff. 7-27-15; | ||||||
| 7 | 99-290, eff. 1-1-16; 99-467, eff. 1-1-16; 99-483, eff. 1-1-16; | ||||||
| 8 | revised 11-3-15.)
| ||||||
| 9 | (625 ILCS 5/6-208) (from Ch. 95 1/2, par. 6-208)
| ||||||
| 10 | Sec. 6-208. Period of Suspension - Application After | ||||||
| 11 | Revocation.
| ||||||
| 12 | (a) Except as otherwise provided by this Code or any other | ||||||
| 13 | law of this
State, the Secretary of State shall not suspend a | ||||||
| 14 | driver's license,
permit, or privilege to drive a motor vehicle | ||||||
| 15 | on the highways for a
period of more than one year.
| ||||||
| 16 | (b) Any person whose license, permit, or privilege to drive | ||||||
| 17 | a motor
vehicle on the highways has been revoked shall not be | ||||||
| 18 | entitled to have
such license, permit, or privilege renewed or | ||||||
| 19 | restored. However, such
person may, except as provided under | ||||||
| 20 | subsections (d) and (d-5) of Section 6-205, make
application | ||||||
| 21 | for a license pursuant to Section 6-106 (i) if the revocation
| ||||||
| 22 | was
for a cause that
has been removed or (ii) as provided in | ||||||
| 23 | the following
subparagraphs:
| ||||||
| 24 | 1. Except as provided in subparagraphs 1.3, 1.5, 2, 3,
| ||||||
| 25 | 4, and 5,
the person may make application for a license (A) | ||||||
| |||||||
| |||||||
| 1 | after the expiration of one
year from the effective date of | ||||||
| 2 | the revocation, (B) in the case of a violation of paragraph | ||||||
| 3 | (b) of Section 11-401 of this
Code or a similar provision | ||||||
| 4 | of a local ordinance, after the expiration of 3
years from | ||||||
| 5 | the effective date of the revocation, or
(C) in the case of | ||||||
| 6 | a violation
of Section 9-3 of the Criminal Code of 1961 or | ||||||
| 7 | the Criminal Code of 2012 or a similar provision of a law | ||||||
| 8 | of another state relating to the offense of reckless
| ||||||
| 9 | homicide or a violation of subparagraph (F) of paragraph 1 | ||||||
| 10 | of subsection (d) of Section 11-501 of this Code relating | ||||||
| 11 | to aggravated driving under the influence of alcohol, other | ||||||
| 12 | drug or drugs, intoxicating compound or compounds, or any | ||||||
| 13 | combination thereof, if the violation was the proximate | ||||||
| 14 | cause of a death, after the expiration of 2 years from the | ||||||
| 15 | effective date of the
revocation
or after the expiration of | ||||||
| 16 | 24 months from the date of release from
a
period of | ||||||
| 17 | imprisonment as provided in Section
6-103 of this Code, | ||||||
| 18 | whichever is later.
| ||||||
| 19 | 1.3. If the person is convicted of a second or | ||||||
| 20 | subsequent violation of Section 11-501 of this Code or a | ||||||
| 21 | similar provision of a local ordinance or a similar | ||||||
| 22 | out-of-state offense, or Section 9-3 of the Criminal Code | ||||||
| 23 | of 1961 or the Criminal Code of 2012, in which the use of | ||||||
| 24 | alcohol or other drugs is recited as an element of the | ||||||
| 25 | offense, or a similar out-of-state offense, or a | ||||||
| 26 | combination of these offenses, arising out of separate | ||||||
| |||||||
| |||||||
| 1 | occurrences, that person may not make application for a | ||||||
| 2 | driver's license until: | ||||||
| 3 | (A) the person has first been issued a restricted | ||||||
| 4 | driving permit by the Secretary of State; and | ||||||
| 5 | (B) the expiration of a continuous period of not | ||||||
| 6 | less than 5 years following the issuance of the | ||||||
| 7 | restricted driving permit during which the person's | ||||||
| 8 | restricted driving permit is not suspended, cancelled, | ||||||
| 9 | or revoked for a violation of any provision of law, or | ||||||
| 10 | any rule or regulation of the Secretary of State | ||||||
| 11 | relating to the required use of an ignition interlock | ||||||
| 12 | device. | ||||||
| 13 | 1.5. If the person is convicted of a violation of | ||||||
| 14 | Section 6-303 of this Code committed while his or her | ||||||
| 15 | driver's license, permit, or privilege was revoked because | ||||||
| 16 | of a violation of Section 9-3 of the Criminal Code of 1961 | ||||||
| 17 | or the Criminal Code of 2012, relating to the offense of | ||||||
| 18 | reckless homicide, or a similar provision of a law of | ||||||
| 19 | another state, the person may not make application for a | ||||||
| 20 | license or permit until the expiration of 3 years from the | ||||||
| 21 | date of the conviction.
| ||||||
| 22 | 2. If such person is convicted of committing a second | ||||||
| 23 | violation within a 20-year
period of:
| ||||||
| 24 | (A) Section 11-501 of this Code or a similar | ||||||
| 25 | provision of a local
ordinance;
| ||||||
| 26 | (B) Paragraph (b) of Section 11-401 of this Code or | ||||||
| |||||||
| |||||||
| 1 | a similar
provision
of a local ordinance;
| ||||||
| 2 | (C) Section 9-3 of the Criminal Code of 1961 or the | ||||||
| 3 | Criminal Code of 2012, relating
to the
offense of | ||||||
| 4 | reckless homicide; or
| ||||||
| 5 | (D) any combination of the above offenses | ||||||
| 6 | committed at different
instances;
| ||||||
| 7 | then such person may not make application for a license | ||||||
| 8 | until after
the expiration of 5 years from the effective | ||||||
| 9 | date of the most recent
revocation. The 20-year
period | ||||||
| 10 | shall be computed by using the dates the
offenses were | ||||||
| 11 | committed and shall also include similar out-of-state
| ||||||
| 12 | offenses and similar offenses committed on a military | ||||||
| 13 | installation.
| ||||||
| 14 | 2.5. If a person is convicted of a second violation of | ||||||
| 15 | Section 6-303 of this Code committed while the person's | ||||||
| 16 | driver's license, permit, or privilege was revoked because | ||||||
| 17 | of a violation of Section 9-3 of the Criminal Code of 1961 | ||||||
| 18 | or the Criminal Code of 2012, relating to the offense of | ||||||
| 19 | reckless homicide, or a similar provision of a law of | ||||||
| 20 | another state, the person may not make application for a | ||||||
| 21 | license or permit until the expiration of 5 years from the | ||||||
| 22 | date of release from a term of imprisonment. | ||||||
| 23 | 3. However, except as provided in subparagraph 4, if | ||||||
| 24 | such person is
convicted of committing a third violation or | ||||||
| 25 | any combination of the above offenses, including
similar | ||||||
| 26 | out-of-state offenses and similar offenses committed on a | ||||||
| |||||||
| |||||||
| 1 | military installation, contained in subparagraph 2, then | ||||||
| 2 | such person
may not make application for a license until | ||||||
| 3 | after the expiration of 10 years
from the effective date of | ||||||
| 4 | the most recent revocation.
| ||||||
| 5 | 4. Except as provided in paragraph (1.5) of subsection | ||||||
| 6 | (c) of Section 6-205 and subparagraph (F) of paragraph 3 of | ||||||
| 7 | subsection (c) of Section 6-206 of this Code, the person | ||||||
| 8 | may not make application for a license if the person is
| ||||||
| 9 | convicted of committing a fourth or subsequent
violation of | ||||||
| 10 | Section 11-501 of this Code or a similar provision of a | ||||||
| 11 | local
ordinance, Section 11-401 of this Code, Section 9-3 | ||||||
| 12 | of the
Criminal Code of 1961 or the Criminal Code of 2012, | ||||||
| 13 | or
a combination of these offenses,
similar provisions of | ||||||
| 14 | local ordinances,
similar out-of-state offenses, or | ||||||
| 15 | similar offenses committed on a military installation.
| ||||||
| 16 | 4.5. A bona fide resident of a foreign jurisdiction who | ||||||
| 17 | is subject to the provisions of subparagraph 4 of this | ||||||
| 18 | subsection (b) may make application for termination of the | ||||||
| 19 | revocation after a period of 10 years from the effective | ||||||
| 20 | date of the most recent revocation. However, if a person | ||||||
| 21 | who has been granted a termination of revocation under this | ||||||
| 22 | subparagraph 4.5 subsequently becomes a resident of this | ||||||
| 23 | State, the revocation shall be reinstated and the person | ||||||
| 24 | shall be subject to the provisions of subparagraph 4. | ||||||
| 25 | 5. The person may not make application for a license or | ||||||
| 26 | permit if the person is convicted of a third or subsequent | ||||||
| |||||||
| |||||||
| 1 | violation of Section 6-303 of this Code committed while his | ||||||
| 2 | or her driver's license, permit, or privilege was revoked | ||||||
| 3 | because of a violation of Section 9-3 of the Criminal Code | ||||||
| 4 | of 1961 or the Criminal Code of 2012, relating to the | ||||||
| 5 | offense of reckless homicide, or a similar provision of a | ||||||
| 6 | law of another state.
| ||||||
| 7 | Notwithstanding any other provision of this Code, all | ||||||
| 8 | persons referred to
in this paragraph (b) may not have their | ||||||
| 9 | privileges restored until the
Secretary receives payment of the | ||||||
| 10 | required reinstatement fee pursuant to
subsection (b) of | ||||||
| 11 | Section 6-118.
| ||||||
| 12 | In no event shall the Secretary issue such license
unless | ||||||
| 13 | and until such person has had a hearing pursuant to this Code | ||||||
| 14 | and
the appropriate administrative rules and the Secretary is
| ||||||
| 15 | satisfied, after a review or investigation of such person, that
| ||||||
| 16 | to grant the privilege of driving a motor vehicle on the | ||||||
| 17 | highways will
not endanger the public safety or welfare.
| ||||||
| 18 | (c) (Blank).
| ||||||
| 19 | (Source: P.A. 99-290, eff. 1-1-16; 99-296, eff. 1-1-16; revised | ||||||
| 20 | 11-3-15.)
| ||||||
| 21 | (625 ILCS 5/6-302) (from Ch. 95 1/2, par. 6-302)
| ||||||
| 22 | Sec. 6-302. Making false application or affidavit - | ||||||
| 23 | Perjury.
| ||||||
| 24 | (a) It is a violation of this Section for any person:
| ||||||
| 25 | 1. To display or present any document for the purpose | ||||||
| |||||||
| |||||||
| 1 | of making
application for a driver's license or permit | ||||||
| 2 | knowing that such document
contains false information | ||||||
| 3 | concerning the identity identify of the applicant;
| ||||||
| 4 | 2. To accept or allow to be accepted any document | ||||||
| 5 | displayed or
presented for the purpose of making | ||||||
| 6 | application for a driver's license or
permit knowing that | ||||||
| 7 | such document contains false information concerning the
| ||||||
| 8 | identity of the applicant;
| ||||||
| 9 | 3. To knowingly make any false affidavit or swear or | ||||||
| 10 | affirm falsely to
any matter or thing required by the terms | ||||||
| 11 | of this Act to be sworn to or
affirmed.
| ||||||
| 12 | (b) Sentence.
| ||||||
| 13 | 1. Any person convicted of a violation of this Section | ||||||
| 14 | shall be guilty
of a Class 4 felony.
| ||||||
| 15 | 2. Any person convicted of a second or subsequent | ||||||
| 16 | violation of this
Section shall be guilty of a Class 3 | ||||||
| 17 | felony.
| ||||||
| 18 | (c) This Section does not prohibit any lawfully authorized
| ||||||
| 19 | investigative, protective, law enforcement or other activity | ||||||
| 20 | of any agency
of the United States, State of Illinois or any | ||||||
| 21 | other state or political
subdivision thereof.
| ||||||
| 22 | (Source: P.A. 86-503; revised 11-2-15.)
| ||||||
| 23 | (625 ILCS 5/11-501.01)
| ||||||
| 24 | Sec. 11-501.01. Additional administrative sanctions. | ||||||
| 25 | (a) After a finding of guilt and prior to any final | ||||||
| |||||||
| |||||||
| 1 | sentencing or an order for supervision, for an offense based | ||||||
| 2 | upon an arrest for a violation of Section 11-501 or a similar | ||||||
| 3 | provision of a local ordinance, individuals shall be required | ||||||
| 4 | to undergo a professional evaluation to determine if an | ||||||
| 5 | alcohol, drug, or intoxicating compound abuse problem exists | ||||||
| 6 | and the extent of the problem, and undergo the imposition of | ||||||
| 7 | treatment as appropriate. Programs conducting these | ||||||
| 8 | evaluations shall be licensed by the Department of Human | ||||||
| 9 | Services. The cost of any professional evaluation shall be paid | ||||||
| 10 | for by the individual required to undergo the professional | ||||||
| 11 | evaluation. | ||||||
| 12 | (b) Any person who is found guilty of or pleads guilty to | ||||||
| 13 | violating Section 11-501, including any person receiving a | ||||||
| 14 | disposition of court supervision for violating that Section, | ||||||
| 15 | may be required by the Court to attend a victim impact panel | ||||||
| 16 | offered by, or under contract with, a county State's Attorney's | ||||||
| 17 | office, a probation and court services department, Mothers | ||||||
| 18 | Against Drunk Driving, or the Alliance Against Intoxicated | ||||||
| 19 | Motorists. All costs generated by the victim impact panel shall | ||||||
| 20 | be paid from fees collected from the offender or as may be | ||||||
| 21 | determined by the court. | ||||||
| 22 | (c) Every person found guilty of violating Section 11-501, | ||||||
| 23 | whose operation of a motor vehicle while in violation of that | ||||||
| 24 | Section proximately caused any incident resulting in an | ||||||
| 25 | appropriate emergency response, shall be liable for the expense | ||||||
| 26 | of an emergency response as provided in subsection (i) of this | ||||||
| |||||||
| |||||||
| 1 | Section. | ||||||
| 2 | (d) The Secretary of State shall revoke the driving | ||||||
| 3 | privileges of any person convicted under Section 11-501 or a | ||||||
| 4 | similar provision of a local ordinance. | ||||||
| 5 | (e) The Secretary of State shall require the use of | ||||||
| 6 | ignition interlock devices for a period not less than 5 years | ||||||
| 7 | on all vehicles owned by a person who has been convicted of a | ||||||
| 8 | second or subsequent offense of Section 11-501 or a similar | ||||||
| 9 | provision of a local ordinance. The person must pay to the | ||||||
| 10 | Secretary of State DUI Administration Fund an amount not to | ||||||
| 11 | exceed $30 for each month that he or she uses the device. The | ||||||
| 12 | Secretary shall establish by rule and regulation the procedures | ||||||
| 13 | for certification and use of the interlock system, the amount | ||||||
| 14 | of the fee, and the procedures, terms, and conditions relating | ||||||
| 15 | to these fees. During the time period in which a person is | ||||||
| 16 | required to install an ignition interlock device under this | ||||||
| 17 | subsection (e), that person shall only operate vehicles in | ||||||
| 18 | which ignition interlock devices have been installed, except as | ||||||
| 19 | allowed by subdivision (c)(5) or (d)(5) of Section 6-205 of | ||||||
| 20 | this Code. | ||||||
| 21 | (f) In addition to any other penalties and liabilities, a | ||||||
| 22 | person who is found guilty of or pleads guilty to violating | ||||||
| 23 | Section 11-501, including any person placed on court | ||||||
| 24 | supervision for violating Section 11-501, shall be assessed | ||||||
| 25 | $750, payable to the circuit clerk, who shall distribute the | ||||||
| 26 | money as follows: $350 to the law enforcement agency that made | ||||||
| |||||||
| |||||||
| 1 | the arrest, and $400 shall be forwarded to the State Treasurer | ||||||
| 2 | for deposit into the General Revenue Fund. If the person has | ||||||
| 3 | been previously convicted of violating Section 11-501 or a | ||||||
| 4 | similar provision of a local ordinance, the fine shall be | ||||||
| 5 | $1,000, and the circuit clerk shall distribute
$200 to the law | ||||||
| 6 | enforcement agency that
made the arrest and $800 to the State
| ||||||
| 7 | Treasurer for deposit into the General Revenue Fund. In the | ||||||
| 8 | event that more than one agency is responsible for the arrest, | ||||||
| 9 | the amount payable to law enforcement agencies shall be shared | ||||||
| 10 | equally. Any moneys received by a law enforcement agency under | ||||||
| 11 | this subsection (f) shall be used for enforcement and | ||||||
| 12 | prevention of driving while under the influence of alcohol, | ||||||
| 13 | other drug or drugs, intoxicating compound or compounds or any | ||||||
| 14 | combination thereof, as defined by Section 11-501 of this Code, | ||||||
| 15 | including but not limited to the purchase of law enforcement | ||||||
| 16 | equipment and commodities that will assist in the prevention of | ||||||
| 17 | alcohol related criminal violence throughout the State; police | ||||||
| 18 | officer training and education in areas related to alcohol | ||||||
| 19 | related crime, including but not limited to DUI training; and | ||||||
| 20 | police officer salaries, including but not limited to salaries | ||||||
| 21 | for hire back funding for safety checkpoints, saturation | ||||||
| 22 | patrols, and liquor store sting operations. Any moneys received | ||||||
| 23 | by the Department of State Police under this subsection (f) | ||||||
| 24 | shall be deposited into the State Police DUI Fund and shall be | ||||||
| 25 | used to purchase law enforcement equipment that will assist in | ||||||
| 26 | the prevention of alcohol related criminal violence throughout | ||||||
| |||||||
| |||||||
| 1 | the State. | ||||||
| 2 | (g) The Secretary of State Police DUI Fund is created as a | ||||||
| 3 | special fund in the State treasury. All moneys received by the | ||||||
| 4 | Secretary of State Police under subsection (f) of this Section | ||||||
| 5 | shall be deposited into the Secretary of State Police DUI Fund | ||||||
| 6 | and, subject to appropriation, shall be used for enforcement | ||||||
| 7 | and prevention of driving while under the influence of alcohol, | ||||||
| 8 | other drug or drugs, intoxicating compound or compounds or any | ||||||
| 9 | combination thereof, as defined by Section 11-501 of this Code, | ||||||
| 10 | including but not limited to the purchase of law enforcement | ||||||
| 11 | equipment and commodities to assist in the prevention of | ||||||
| 12 | alcohol related criminal violence throughout the State; police | ||||||
| 13 | officer training and education in areas related to alcohol | ||||||
| 14 | related crime, including but not limited to DUI training; and | ||||||
| 15 | police officer salaries, including but not limited to salaries | ||||||
| 16 | for hire back funding for safety checkpoints, saturation | ||||||
| 17 | patrols, and liquor store sting operations. | ||||||
| 18 | (h) Whenever an individual is sentenced for an offense | ||||||
| 19 | based upon an arrest for a violation of Section 11-501 or a | ||||||
| 20 | similar provision of a local ordinance, and the professional | ||||||
| 21 | evaluation recommends remedial or rehabilitative treatment or | ||||||
| 22 | education, neither the treatment nor the education shall be the | ||||||
| 23 | sole disposition and either or both may be imposed only in | ||||||
| 24 | conjunction with another disposition. The court shall monitor | ||||||
| 25 | compliance with any remedial education or treatment | ||||||
| 26 | recommendations contained in the professional evaluation. | ||||||
| |||||||
| |||||||
| 1 | Programs conducting alcohol or other drug evaluation or | ||||||
| 2 | remedial education must be licensed by the Department of Human | ||||||
| 3 | Services. If the individual is not a resident of Illinois, | ||||||
| 4 | however, the court may accept an alcohol or other drug | ||||||
| 5 | evaluation or remedial education program in the individual's | ||||||
| 6 | state of residence. Programs providing treatment must be | ||||||
| 7 | licensed under existing applicable alcoholism and drug | ||||||
| 8 | treatment licensure standards. | ||||||
| 9 | (i) In addition to any other fine or penalty required by | ||||||
| 10 | law, an individual convicted of a violation of Section 11-501, | ||||||
| 11 | Section 5-7 of the Snowmobile Registration and Safety Act, | ||||||
| 12 | Section 5-16 of the Boat Registration and Safety Act, or a | ||||||
| 13 | similar provision, whose operation of a motor vehicle, | ||||||
| 14 | snowmobile, or watercraft while in violation of Section 11-501, | ||||||
| 15 | Section 5-7 of the Snowmobile Registration and Safety Act, | ||||||
| 16 | Section 5-16 of the Boat Registration and Safety Act, or a | ||||||
| 17 | similar provision proximately caused an incident resulting in | ||||||
| 18 | an appropriate emergency response, shall be required to make | ||||||
| 19 | restitution to a public agency for the costs of that emergency | ||||||
| 20 | response. The restitution may not exceed $1,000 per public | ||||||
| 21 | agency for each emergency response. As used in this subsection | ||||||
| 22 | (i), "emergency response" means any incident requiring a | ||||||
| 23 | response by a police officer, a firefighter carried on the | ||||||
| 24 | rolls of a regularly constituted fire department, or an | ||||||
| 25 | ambulance. With respect to funds designated for the Department | ||||||
| 26 | of State Police, the moneys shall be remitted by the circuit | ||||||
| |||||||
| |||||||
| 1 | court clerk to the State Police within one month after receipt | ||||||
| 2 | for deposit into the State Police DUI Fund. With respect to | ||||||
| 3 | funds designated for the Department of Natural Resources, the | ||||||
| 4 | Department of Natural Resources shall deposit the moneys into | ||||||
| 5 | the Conservation Police Operations Assistance Fund.
| ||||||
| 6 | (j) A person that is subject to a chemical test or tests of | ||||||
| 7 | blood under subsection (a) of Section 11-501.1 or subdivision | ||||||
| 8 | (c)(2) of Section 11-501.2 of this Code, whether or not that | ||||||
| 9 | person consents to testing, shall be liable for the expense up | ||||||
| 10 | to $500 for blood withdrawal by a physician authorized to | ||||||
| 11 | practice medicine, a licensed physician assistant, a licensed | ||||||
| 12 | advanced practice nurse, a registered nurse, a trained | ||||||
| 13 | phlebotomist, a licensed paramedic, or a qualified person other | ||||||
| 14 | than a police officer approved by the Department of State | ||||||
| 15 | Police to withdraw blood, who responds, whether at a law | ||||||
| 16 | enforcement facility or a health care facility, to a police | ||||||
| 17 | department request for the drawing of blood based upon refusal | ||||||
| 18 | of the person to submit to a lawfully requested breath test or | ||||||
| 19 | probable cause exists to believe the test would disclose the | ||||||
| 20 | ingestion, consumption, or use of drugs or intoxicating | ||||||
| 21 | compounds if: | ||||||
| 22 | (1) the person is found guilty of violating Section | ||||||
| 23 | 11-501 of this Code or a similar provision of a local | ||||||
| 24 | ordinance; or | ||||||
| 25 | (2) the person pleads guilty to or stipulates to facts | ||||||
| 26 | supporting a violation of Section 11-503 of this Code or a | ||||||
| |||||||
| |||||||
| 1 | similar provision of a local ordinance when the plea or | ||||||
| 2 | stipulation was the result of a plea agreement in which the | ||||||
| 3 | person was originally charged with violating Section | ||||||
| 4 | 11-501 of this Code or a similar local ordinance. | ||||||
| 5 | (Source: P.A. 98-292, eff. 1-1-14; 98-463, eff. 8-16-13; | ||||||
| 6 | 98-973, eff. 8-15-14; 99-289, eff. 8-6-15; 99-296, eff. 1-1-16; | ||||||
| 7 | revised 11-3-15.)
| ||||||
| 8 | (625 ILCS 5/11-605.1) | ||||||
| 9 | Sec. 11-605.1. Special limit while traveling through a | ||||||
| 10 | highway construction or maintenance speed zone. | ||||||
| 11 | (a) A person may not operate a motor vehicle in a | ||||||
| 12 | construction or maintenance speed zone at a speed in excess of | ||||||
| 13 | the posted speed limit when workers are present.
| ||||||
| 14 | (a-5) A person may not operate a motor vehicle in a | ||||||
| 15 | construction or maintenance speed zone at a speed in excess of | ||||||
| 16 | the posted speed limit when workers are not present. | ||||||
| 17 | (b) Nothing in this Chapter prohibits the use of electronic | ||||||
| 18 | speed-detecting devices within 500 feet of signs within a | ||||||
| 19 | construction or maintenance speed zone indicating the zone, as | ||||||
| 20 | defined in this Section, nor shall evidence obtained by use of | ||||||
| 21 | those devices be inadmissible in any prosecution for speeding, | ||||||
| 22 | provided the use of the device shall apply only to the | ||||||
| 23 | enforcement of the speed limit in the construction or | ||||||
| 24 | maintenance speed zone.
| ||||||
| 25 | (c) As used in this Section, a "construction or maintenance | ||||||
| |||||||
| |||||||
| 1 | speed zone" is an area in which the Department, Toll Highway | ||||||
| 2 | Authority, or local agency has posted signage advising drivers | ||||||
| 3 | that a construction or maintenance speed zone is being | ||||||
| 4 | approached, or in which the Department, Authority, or local | ||||||
| 5 | agency has posted a lower speed limit with a highway | ||||||
| 6 | construction or maintenance speed zone special speed limit sign | ||||||
| 7 | after determining that the preexisting established speed limit | ||||||
| 8 | through a highway construction or maintenance project is | ||||||
| 9 | greater than is reasonable or safe with respect to the | ||||||
| 10 | conditions expected to exist in the construction or maintenance | ||||||
| 11 | speed zone. | ||||||
| 12 | If it is determined that the preexisting established speed | ||||||
| 13 | limit is safe with respect to the conditions expected to exist | ||||||
| 14 | in the construction or maintenance speed zone, additional speed | ||||||
| 15 | limit signs which conform to the requirements of this | ||||||
| 16 | subsection (c) shall be posted. | ||||||
| 17 | Highway construction or maintenance speed zone special | ||||||
| 18 | speed limit signs shall be of a design approved by the | ||||||
| 19 | Department. The signs must give proper due warning that a | ||||||
| 20 | construction or maintenance speed zone is being approached and | ||||||
| 21 | must indicate the maximum speed limit in effect. The signs also | ||||||
| 22 | must state the amount of the minimum fine for a violation.
| ||||||
| 23 | (d) Except as provided under subsection (d-5), a person who | ||||||
| 24 | violates this Section is guilty of a petty offense. Violations | ||||||
| 25 | of this Section are punishable with a minimum fine of $250 for | ||||||
| 26 | the first violation and a minimum fine of $750 for the second | ||||||
| |||||||
| |||||||
| 1 | or subsequent violation. | ||||||
| 2 | (d-5) A person committing a violation of this Section is | ||||||
| 3 | guilty of aggravated special speed limit while traveling | ||||||
| 4 | through a highway construction or maintenance speed zone when | ||||||
| 5 | he or she drives a motor vehicle at a speed that is: | ||||||
| 6 | (1) 26 miles per hour or more but less than 35 miles | ||||||
| 7 | per hour in excess of the applicable special speed limit | ||||||
| 8 | established under this Section or a similar provision of a | ||||||
| 9 | local ordinance and is guilty of a Class B misdemeanor; or | ||||||
| 10 | (2) 35 miles per hour or more in excess of the | ||||||
| 11 | applicable special speed limit established under this | ||||||
| 12 | Section or a similar provision of a local ordinance and is | ||||||
| 13 | guilty of a Class A misdemeanor. | ||||||
| 14 | (e) If a fine for a violation of this Section is $250 or | ||||||
| 15 | greater, the person who violated this Section shall be charged | ||||||
| 16 | an additional $125, which shall be deposited into the | ||||||
| 17 | Transportation Safety Highway Hire-back Fund in the State | ||||||
| 18 | treasury, unless (i) the violation occurred on a highway other | ||||||
| 19 | than an interstate highway and (ii) a county police officer | ||||||
| 20 | wrote the ticket for the violation, in which case the $125 | ||||||
| 21 | shall be deposited into that county's Transportation Safety | ||||||
| 22 | Highway Hire-back Fund. In the case of a second or subsequent | ||||||
| 23 | violation of this Section, if the fine is $750 or greater, the | ||||||
| 24 | person who violated this Section shall be charged an additional | ||||||
| 25 | $250, which shall be deposited into the Transportation Safety | ||||||
| 26 | Highway Hire-back Fund in the State treasury, unless (i) the | ||||||
| |||||||
| |||||||
| 1 | violation occurred on a highway other than an interstate | ||||||
| 2 | highway and (ii) a county police officer wrote the ticket for | ||||||
| 3 | the violation, in which case the $250 shall be deposited into | ||||||
| 4 | that county's Transportation Safety Highway Hire-back Fund.
| ||||||
| 5 | (e-5) The Department of State Police and the local county | ||||||
| 6 | police department have concurrent jurisdiction over any | ||||||
| 7 | violation of this Section that occurs on an interstate highway.
| ||||||
| 8 | (f) The Transportation Safety Highway Hire-back Fund, | ||||||
| 9 | which was created by Public Act 92-619, shall continue to be a | ||||||
| 10 | special fund in the State treasury. Subject to appropriation by | ||||||
| 11 | the General Assembly and approval by the Secretary, the | ||||||
| 12 | Secretary of Transportation shall use all moneys in the | ||||||
| 13 | Transportation Safety Highway Hire-back Fund to hire off-duty | ||||||
| 14 | Department of State Police officers to monitor construction or | ||||||
| 15 | maintenance zones. | ||||||
| 16 | (f-5) Each county shall create a Transportation Safety | ||||||
| 17 | Highway Hire-back Fund. The county shall use the moneys in its | ||||||
| 18 | Transportation Safety Highway Hire-back Fund to hire off-duty | ||||||
| 19 | county police officers to monitor construction or maintenance | ||||||
| 20 | zones in that county on highways other than interstate | ||||||
| 21 | highways. The county, in its discretion, may also use a portion | ||||||
| 22 | of the moneys in its Transportation Safety Highway Hire-back | ||||||
| 23 | Fund to purchase equipment for county law enforcement and fund | ||||||
| 24 | the production of materials to educate drivers on construction | ||||||
| 25 | zone safe driving habits.
| ||||||
| 26 | (g) For a second or subsequent violation of this Section | ||||||
| |||||||
| |||||||
| 1 | within 2 years of the date of the previous violation, the | ||||||
| 2 | Secretary of State shall suspend the driver's license of the | ||||||
| 3 | violator for a period of 90 days.
This suspension shall only be
| ||||||
| 4 | imposed if the current violation of this Section and at least | ||||||
| 5 | one prior violation of this Section
occurred during a period | ||||||
| 6 | when workers were present in the
construction or maintenance | ||||||
| 7 | zone.
| ||||||
| 8 | (Source: P.A. 98-337, eff. 1-1-14; 99-212, eff. 1-1-16; 99-280, | ||||||
| 9 | eff. 1-1-16; revised 10-15-15.)
| ||||||
| 10 | (625 ILCS 5/12-215) (from Ch. 95 1/2, par. 12-215)
| ||||||
| 11 | Sec. 12-215. Oscillating, rotating or flashing lights on | ||||||
| 12 | motor vehicles. Except as otherwise provided in this Code:
| ||||||
| 13 | (a) The use of red or white oscillating, rotating or | ||||||
| 14 | flashing lights,
whether lighted or unlighted, is prohibited | ||||||
| 15 | except on:
| ||||||
| 16 | 1. Law enforcement vehicles of State, Federal or
local | ||||||
| 17 | authorities;
| ||||||
| 18 | 2. A vehicle operated by a police officer or county | ||||||
| 19 | coroner
and designated or authorized by local authorities, | ||||||
| 20 | in writing, as a law
enforcement vehicle; however, such | ||||||
| 21 | designation or authorization must
be carried in the | ||||||
| 22 | vehicle;
| ||||||
| 23 | 2.1. A vehicle operated by a fire chief who has | ||||||
| 24 | completed an emergency vehicle operation training course | ||||||
| 25 | approved by the Office of the State Fire Marshal and | ||||||
| |||||||
| |||||||
| 1 | designated or authorized by local authorities, in writing, | ||||||
| 2 | as a fire department, fire protection district, or township | ||||||
| 3 | fire department vehicle; however, the designation or | ||||||
| 4 | authorization must
be carried in the vehicle, and the | ||||||
| 5 | lights may be visible or activated only when responding to | ||||||
| 6 | a bona fide emergency;
| ||||||
| 7 | 3. Vehicles of local fire departments and State or | ||||||
| 8 | federal
firefighting vehicles;
| ||||||
| 9 | 4. Vehicles which are designed and used exclusively as | ||||||
| 10 | ambulances
or rescue vehicles; furthermore, such lights | ||||||
| 11 | shall not be lighted except
when responding to an emergency | ||||||
| 12 | call for and while actually conveying the
sick or injured;
| ||||||
| 13 | 4.5. Vehicles which are occasionally used as rescue | ||||||
| 14 | vehicles that have been authorized for use as rescue | ||||||
| 15 | vehicles by a volunteer EMS provider, provided that the | ||||||
| 16 | operator of the vehicle has successfully completed an | ||||||
| 17 | emergency vehicle operation training course recognized by | ||||||
| 18 | the Department of Public Health; furthermore, the lights | ||||||
| 19 | shall not be lighted except when responding to an emergency | ||||||
| 20 | call for the sick or injured; | ||||||
| 21 | 5. Tow trucks licensed in a state that requires such | ||||||
| 22 | lights;
furthermore, such lights shall not be lighted on | ||||||
| 23 | any such tow truck while the
tow truck is
operating in the | ||||||
| 24 | State of Illinois;
| ||||||
| 25 | 6. Vehicles of the Illinois Emergency Management | ||||||
| 26 | Agency, vehicles of the Office of the Illinois State Fire | ||||||
| |||||||
| |||||||
| 1 | Marshal, vehicles of the Illinois Department of Public | ||||||
| 2 | Health, vehicles of
the
Illinois Department of | ||||||
| 3 | Corrections, and vehicles of the Illinois Department of | ||||||
| 4 | Juvenile Justice;
| ||||||
| 5 | 7. Vehicles operated by a local or county emergency | ||||||
| 6 | management
services agency as defined in the Illinois | ||||||
| 7 | Emergency
Management Agency Act;
| ||||||
| 8 | 8. School buses operating alternately flashing head | ||||||
| 9 | lamps as permitted
under Section 12-805 of this Code;
| ||||||
| 10 | 9. Vehicles that are equipped and used exclusively as | ||||||
| 11 | organ transplant
vehicles when used in combination with | ||||||
| 12 | blue oscillating, rotating, or flashing
lights; | ||||||
| 13 | furthermore, these lights shall be lighted only when the | ||||||
| 14 | transportation
is declared an emergency by a member of the | ||||||
| 15 | transplant team or a representative
of the organ | ||||||
| 16 | procurement organization; | ||||||
| 17 | 10. Vehicles of the Illinois Department of Natural | ||||||
| 18 | Resources that are used for mine rescue and explosives | ||||||
| 19 | emergency response; | ||||||
| 20 | 11. Vehicles of the Illinois Department of | ||||||
| 21 | Transportation identified as Emergency Traffic Patrol; the | ||||||
| 22 | lights shall not be lighted except when responding to an | ||||||
| 23 | emergency call or when parked or stationary while engaged | ||||||
| 24 | in motor vehicle assistance or at the scene of the | ||||||
| 25 | emergency; and | ||||||
| 26 | 12. Vehicles of the Illinois State Toll Highway
| ||||||
| |||||||
| |||||||
| 1 | Authority identified as Highway Emergency Lane Patrol; the | ||||||
| 2 | lights shall not be lighted except when responding to an | ||||||
| 3 | emergency call or when parked or stationary while engaged | ||||||
| 4 | in motor vehicle assistance or at the scene of the | ||||||
| 5 | emergency. | ||||||
| 6 | (b) The use of amber oscillating, rotating or flashing | ||||||
| 7 | lights, whether
lighted or unlighted, is prohibited except on:
| ||||||
| 8 | 1. Second division vehicles designed and used for | ||||||
| 9 | towing or hoisting
vehicles; furthermore, such lights | ||||||
| 10 | shall not be lighted except as
required in
this paragraph | ||||||
| 11 | 1; such lights shall be lighted
when such vehicles are | ||||||
| 12 | actually being
used at the scene of an accident or
| ||||||
| 13 | disablement; if the towing vehicle is equipped with a flat | ||||||
| 14 | bed that
supports all wheels of the vehicle being | ||||||
| 15 | transported, the lights shall not be
lighted while the | ||||||
| 16 | vehicle is engaged in towing on a highway; if the towing
| ||||||
| 17 | vehicle is not equipped with a flat bed that supports all | ||||||
| 18 | wheels of a vehicle
being transported, the lights shall be | ||||||
| 19 | lighted while the
towing
vehicle is engaged in towing on a | ||||||
| 20 | highway during all
times when the use
of headlights is | ||||||
| 21 | required under Section 12-201 of this Code; in addition, | ||||||
| 22 | these vehicles may use white oscillating, rotating, or | ||||||
| 23 | flashing lights in combination with amber oscillating, | ||||||
| 24 | rotating, or flashing lights as provided in this paragraph;
| ||||||
| 25 | 2. Motor vehicles or equipment of the State of | ||||||
| 26 | Illinois, the Illinois State Toll Highway Authority, local | ||||||
| |||||||
| |||||||
| 1 | authorities
and contractors; furthermore, such lights | ||||||
| 2 | shall not be lighted except while
such vehicles are engaged | ||||||
| 3 | in maintenance or construction operations within
the | ||||||
| 4 | limits of construction projects;
| ||||||
| 5 | 3. Vehicles or equipment used by engineering or survey | ||||||
| 6 | crews;
furthermore, such lights shall not be lighted except | ||||||
| 7 | while such vehicles
are actually engaged in work on a | ||||||
| 8 | highway;
| ||||||
| 9 | 4. Vehicles of public utilities, municipalities, or | ||||||
| 10 | other
construction, maintenance or automotive service | ||||||
| 11 | vehicles except that such
lights shall be lighted only as a | ||||||
| 12 | means for indicating the presence of a
vehicular traffic | ||||||
| 13 | hazard requiring unusual care in approaching, overtaking
| ||||||
| 14 | or passing while such vehicles are engaged in maintenance, | ||||||
| 15 | service or
construction on a highway;
| ||||||
| 16 | 5. Oversized vehicle or load; however, such lights | ||||||
| 17 | shall only be lighted
when moving under permit issued by | ||||||
| 18 | the Department under Section 15-301
of this Code;
| ||||||
| 19 | 6. The front and rear of motorized equipment owned and | ||||||
| 20 | operated by the
State of Illinois or any political | ||||||
| 21 | subdivision thereof, which is designed
and used for removal | ||||||
| 22 | of snow and ice from highways;
| ||||||
| 23 | 6.1. The front and rear of motorized equipment or | ||||||
| 24 | vehicles that (i) are not owned by the State of Illinois or | ||||||
| 25 | any political subdivision of the State, (ii) are designed | ||||||
| 26 | and used for removal of snow and ice from highways and | ||||||
| |||||||
| |||||||
| 1 | parking lots, and (iii) are equipped with a snow plow that | ||||||
| 2 | is 12 feet in width; these lights may not be lighted except | ||||||
| 3 | when the motorized equipment or vehicle is actually being | ||||||
| 4 | used for those purposes on behalf of a unit of government;
| ||||||
| 5 | 7. Fleet safety vehicles registered in another state, | ||||||
| 6 | furthermore, such
lights shall not be lighted except as | ||||||
| 7 | provided for in Section 12-212 of
this Code;
| ||||||
| 8 | 8. Such other vehicles as may be authorized by local | ||||||
| 9 | authorities;
| ||||||
| 10 | 9. Law enforcement vehicles of State or local | ||||||
| 11 | authorities when used in
combination with red oscillating, | ||||||
| 12 | rotating or flashing lights;
| ||||||
| 13 | 9.5. Propane delivery trucks;
| ||||||
| 14 | 10. Vehicles used for collecting or delivering mail for | ||||||
| 15 | the
United States Postal Service provided that such lights | ||||||
| 16 | shall not be lighted
except when such vehicles are actually | ||||||
| 17 | being used for such purposes;
| ||||||
| 18 | 10.5. Vehicles of the Office of the Illinois State Fire | ||||||
| 19 | Marshal, provided that such lights shall not be lighted | ||||||
| 20 | except for when such vehicles are engaged in work for the | ||||||
| 21 | Office of the Illinois State Fire Marshal; | ||||||
| 22 | 11. Any vehicle displaying a slow-moving vehicle | ||||||
| 23 | emblem as
provided in Section 12-205.1;
| ||||||
| 24 | 12. All trucks equipped with self-compactors or | ||||||
| 25 | roll-off hoists and
roll-on containers for garbage, | ||||||
| 26 | recycling, or refuse hauling. Such lights shall not be
| ||||||
| |||||||
| |||||||
| 1 | lighted except when such vehicles are actually being used | ||||||
| 2 | for such purposes;
| ||||||
| 3 | 13. Vehicles used by a security company, alarm | ||||||
| 4 | responder, control
agency, or the Illinois Department of | ||||||
| 5 | Corrections;
| ||||||
| 6 | 14. Security vehicles of the Department of Human | ||||||
| 7 | Services; however, the
lights shall not be lighted except | ||||||
| 8 | when being used for security related
purposes under the | ||||||
| 9 | direction of the superintendent of the facility where the
| ||||||
| 10 | vehicle is located; and
| ||||||
| 11 | 15. Vehicles of union representatives, except that the | ||||||
| 12 | lights shall be
lighted only while the vehicle is within | ||||||
| 13 | the limits of a construction
project.
| ||||||
| 14 | (c) The use of blue oscillating, rotating or flashing | ||||||
| 15 | lights, whether
lighted or unlighted, is prohibited except on:
| ||||||
| 16 | 1. Rescue squad vehicles not owned by a fire department | ||||||
| 17 | and
vehicles owned or operated by a:
| ||||||
| 18 | voluntary firefighter;
| ||||||
| 19 | paid firefighter;
| ||||||
| 20 | part-paid firefighter;
| ||||||
| 21 | call firefighter;
| ||||||
| 22 | member of the board of trustees of a fire | ||||||
| 23 | protection district;
| ||||||
| 24 | paid or unpaid member of a rescue squad;
| ||||||
| 25 | paid or unpaid member of a voluntary ambulance | ||||||
| 26 | unit; or
| ||||||
| |||||||
| |||||||
| 1 | paid or unpaid members of a local or county | ||||||
| 2 | emergency management
services agency as defined in the | ||||||
| 3 | Illinois Emergency Management Agency Act,
designated | ||||||
| 4 | or authorized by local authorities, in writing, and | ||||||
| 5 | carrying that
designation or authorization in the | ||||||
| 6 | vehicle.
| ||||||
| 7 | However, such lights are not to be lighted except when | ||||||
| 8 | responding to a
bona fide emergency or when parked or | ||||||
| 9 | stationary at the scene of a fire, rescue call, ambulance | ||||||
| 10 | call, or motor vehicle accident.
| ||||||
| 11 | Any person using these lights in accordance with this | ||||||
| 12 | subdivision (c)1 must carry on his or her person an | ||||||
| 13 | identification card or letter identifying the bona fide | ||||||
| 14 | member of a fire department, fire protection district, | ||||||
| 15 | rescue squad, ambulance unit, or emergency management | ||||||
| 16 | services agency that owns or operates that vehicle. The | ||||||
| 17 | card or letter must include: | ||||||
| 18 | (A) the name of the fire department, fire | ||||||
| 19 | protection district, rescue squad, ambulance unit, or | ||||||
| 20 | emergency management services agency; | ||||||
| 21 | (B) the member's position within the fire | ||||||
| 22 | department, fire protection district, rescue squad, | ||||||
| 23 | ambulance unit, or emergency management services | ||||||
| 24 | agency; | ||||||
| 25 | (C) the member's term of service; and | ||||||
| 26 | (D) the name of a person within the fire | ||||||
| |||||||
| |||||||
| 1 | department, fire protection district, rescue squad, | ||||||
| 2 | ambulance unit, or emergency management services | ||||||
| 3 | agency to contact to verify the information provided.
| ||||||
| 4 | 2. Police department vehicles in cities having a | ||||||
| 5 | population of 500,000
or more inhabitants.
| ||||||
| 6 | 3. Law enforcement vehicles of State or local | ||||||
| 7 | authorities when used in
combination with red oscillating, | ||||||
| 8 | rotating or flashing lights.
| ||||||
| 9 | 4. Vehicles of local fire departments and State or | ||||||
| 10 | federal
firefighting vehicles when used in combination | ||||||
| 11 | with red oscillating,
rotating or flashing lights.
| ||||||
| 12 | 5. Vehicles which are designed and used exclusively as | ||||||
| 13 | ambulances or
rescue vehicles when used in combination with | ||||||
| 14 | red oscillating, rotating or
flashing lights; furthermore, | ||||||
| 15 | such lights shall not be lighted except when
responding to | ||||||
| 16 | an emergency call.
| ||||||
| 17 | 6. Vehicles that are equipped and used exclusively as | ||||||
| 18 | organ transport
vehicles when used in combination with red | ||||||
| 19 | oscillating, rotating, or flashing
lights; furthermore, | ||||||
| 20 | these lights shall only be lighted when the transportation
| ||||||
| 21 | is declared an emergency by a member of the transplant team | ||||||
| 22 | or a
representative of the organ procurement organization.
| ||||||
| 23 | 7. Vehicles of the Illinois Emergency Management | ||||||
| 24 | Agency, vehicles of the Office of the Illinois State Fire | ||||||
| 25 | Marshal, vehicles of the Illinois Department of Public | ||||||
| 26 | Health, vehicles of
the
Illinois Department of | ||||||
| |||||||
| |||||||
| 1 | Corrections, and vehicles of the Illinois Department of | ||||||
| 2 | Juvenile Justice, when used in combination with red | ||||||
| 3 | oscillating,
rotating, or flashing lights.
| ||||||
| 4 | 8. Vehicles operated by a local or county emergency | ||||||
| 5 | management
services agency as defined in the Illinois | ||||||
| 6 | Emergency Management Agency
Act, when used in combination | ||||||
| 7 | with red oscillating, rotating, or
flashing lights.
| ||||||
| 8 | 9. Vehicles of the Illinois Department of Natural | ||||||
| 9 | Resources that are used for mine rescue and explosives | ||||||
| 10 | emergency response, when used in combination with red | ||||||
| 11 | oscillating,
rotating, or flashing lights. | ||||||
| 12 | (c-1) In addition to the blue oscillating, rotating, or | ||||||
| 13 | flashing
lights permitted under subsection (c), and | ||||||
| 14 | notwithstanding subsection
(a), a vehicle operated by a | ||||||
| 15 | voluntary firefighter, a voluntary member
of a rescue squad, or | ||||||
| 16 | a member of a voluntary ambulance unit may be
equipped with | ||||||
| 17 | flashing white headlights and blue grill lights, which may
be | ||||||
| 18 | used only in responding to an emergency call or when parked or | ||||||
| 19 | stationary at the scene of a fire, rescue call, ambulance call, | ||||||
| 20 | or motor vehicle accident.
| ||||||
| 21 | (c-2) In addition to the blue oscillating, rotating, or | ||||||
| 22 | flashing
lights permitted under subsection (c), and | ||||||
| 23 | notwithstanding subsection (a),
a vehicle operated by a paid or | ||||||
| 24 | unpaid member of a local or county
emergency management | ||||||
| 25 | services agency as defined in the Illinois Emergency
Management | ||||||
| 26 | Agency Act, may be equipped with white oscillating, rotating,
| ||||||
| |||||||
| |||||||
| 1 | or flashing lights to be used in combination with blue | ||||||
| 2 | oscillating, rotating,
or flashing lights, if authorization by | ||||||
| 3 | local authorities is in
writing and carried in the vehicle.
| ||||||
| 4 | (d) The use of a combination of amber and white | ||||||
| 5 | oscillating, rotating or
flashing lights, whether lighted or | ||||||
| 6 | unlighted, is prohibited except on second division vehicles | ||||||
| 7 | designed and used for towing or hoisting
vehicles or motor
| ||||||
| 8 | vehicles or equipment of the State of Illinois, local | ||||||
| 9 | authorities, contractors,
and union representatives; | ||||||
| 10 | furthermore, such lights shall
not be lighted on second | ||||||
| 11 | division vehicles designed and used for towing or hoisting
| ||||||
| 12 | vehicles or vehicles of the State of Illinois, local | ||||||
| 13 | authorities, and
contractors except while such vehicles are | ||||||
| 14 | engaged in a tow operation, highway maintenance, or
| ||||||
| 15 | construction operations within the limits of highway | ||||||
| 16 | construction projects, and
shall not be lighted on the vehicles | ||||||
| 17 | of union representatives except when those
vehicles are within | ||||||
| 18 | the limits of a construction project.
| ||||||
| 19 | (e) All oscillating, rotating or flashing lights referred | ||||||
| 20 | to in this Section
shall be of sufficient intensity, when | ||||||
| 21 | illuminated, to be visible at 500
feet in normal sunlight.
| ||||||
| 22 | (f) Nothing in this Section shall prohibit a manufacturer | ||||||
| 23 | of oscillating,
rotating or flashing lights or his | ||||||
| 24 | representative or authorized vendor from temporarily mounting
| ||||||
| 25 | such lights on a vehicle for demonstration purposes only. If | ||||||
| 26 | the lights are not covered while the vehicle is operated upon a | ||||||
| |||||||
| |||||||
| 1 | highway, the vehicle shall display signage indicating that the | ||||||
| 2 | vehicle is out of service or not an emergency vehicle. The | ||||||
| 3 | signage shall be displayed on all sides of the vehicle in | ||||||
| 4 | letters at least 2 inches tall and one-half inch wide. A | ||||||
| 5 | vehicle authorized to have oscillating,
rotating, or flashing | ||||||
| 6 | lights mounted for demonstration purposes may not activate the | ||||||
| 7 | lights while the vehicle is operated upon a highway.
| ||||||
| 8 | (g) Any person violating the provisions of subsections (a), | ||||||
| 9 | (b), (c) or (d)
of this Section who without lawful authority | ||||||
| 10 | stops or detains or attempts
to stop or detain another person | ||||||
| 11 | shall be guilty of a Class 2 felony.
| ||||||
| 12 | (h) Except as provided in subsection (g) above, any person | ||||||
| 13 | violating the
provisions of subsections (a) or (c) of this | ||||||
| 14 | Section shall be guilty of a
Class A misdemeanor.
| ||||||
| 15 | (Source: P.A. 98-80, eff. 7-15-13; 98-123, eff. 1-1-14; 98-468, | ||||||
| 16 | eff. 8-16-13; 98-756, eff. 7-16-14; 98-873, eff. 1-1-15; 99-40, | ||||||
| 17 | eff. 1-1-16; 99-78, eff. 7-20-15; 99-125, eff. 1-1-16; revised | ||||||
| 18 | 10-15-15.)
| ||||||
| 19 | (625 ILCS 5/15-316) (from Ch. 95 1/2, par. 15-316)
| ||||||
| 20 | Sec. 15-316. When the Department or local authority may | ||||||
| 21 | restrict right to use highways.
| ||||||
| 22 | (a) Except as provided in subsection (g), local authorities | ||||||
| 23 | with
respect to highways under their jurisdiction may by | ||||||
| 24 | ordinance or resolution
prohibit the operation of vehicles upon | ||||||
| 25 | any such highway or impose
restrictions as to the weight of | ||||||
| |||||||
| |||||||
| 1 | vehicles to be operated upon any such
highway, for a total | ||||||
| 2 | period of not to exceed 90 days, measured in either consecutive | ||||||
| 3 | or nonconsecutive days at the discretion of local authorities, | ||||||
| 4 | in any one calendar
year, whenever any said highway by reason | ||||||
| 5 | of deterioration, rain, snow, or
other climate conditions will | ||||||
| 6 | be seriously damaged or destroyed unless the
use of vehicles | ||||||
| 7 | thereon is prohibited or the permissible weights thereof
| ||||||
| 8 | reduced.
| ||||||
| 9 | (b) The local authority
enacting any such ordinance or | ||||||
| 10 | resolution shall erect or cause to be erected
and maintained | ||||||
| 11 | signs designating the provision of the ordinance or resolution
| ||||||
| 12 | at each end of that portion of any highway affected thereby, | ||||||
| 13 | and the ordinance
or resolution shall not be effective unless | ||||||
| 14 | and until such signs are erected
and maintained.
| ||||||
| 15 | (c) Local authorities with
respect to highways under their | ||||||
| 16 | jurisdiction may also, by ordinance or
resolution, prohibit the | ||||||
| 17 | operation of trucks or other commercial vehicles,
or may impose | ||||||
| 18 | limitations as the weight thereof, on designated highways, | ||||||
| 19 | which
prohibitions and limitations shall be designated by | ||||||
| 20 | appropriate signs placed on
such highways.
| ||||||
| 21 | (c-1) (Blank).
| ||||||
| 22 | (c-5) Highway commissioners, with respect to roads under | ||||||
| 23 | their authority, may not permanently post a road or portion | ||||||
| 24 | thereof at a reduced weight limit unless the decision to do so | ||||||
| 25 | is made in accordance with Section Sec. 6-201.22 of the | ||||||
| 26 | Illinois Highway Code. | ||||||
| |||||||
| |||||||
| 1 | (d) The Department shall likewise have authority as | ||||||
| 2 | hereinbefore
granted to local authorities to
determine by | ||||||
| 3 | resolution and to impose restrictions as to the weight of | ||||||
| 4 | vehicles
operated upon any highway under the jurisdiction of | ||||||
| 5 | said department, and such
restrictions shall be effective when | ||||||
| 6 | signs giving notice thereof are erected
upon the highway or | ||||||
| 7 | portion of any highway affected by such resolution.
| ||||||
| 8 | (d-1) (Blank).
| ||||||
| 9 | (d-2) (Blank).
| ||||||
| 10 | (e) When any vehicle is operated in violation of this | ||||||
| 11 | Section, the owner
or driver of the vehicle shall be deemed | ||||||
| 12 | guilty of a violation and either the
owner or the driver of the | ||||||
| 13 | vehicle may be prosecuted for the violation. Any
person, firm, | ||||||
| 14 | or corporation convicted of violating this Section shall be | ||||||
| 15 | fined
$50 for any weight exceeding the posted limit up to the | ||||||
| 16 | axle or gross weight
limit allowed a vehicle as provided for in | ||||||
| 17 | subsections (a) or (b) of Section
15-111 and $75 per every 500 | ||||||
| 18 | pounds or fraction thereof for any weight
exceeding that which | ||||||
| 19 | is provided for in subsections (a) or
(b) of Section 15-111.
| ||||||
| 20 | (f) A municipality is authorized to enforce a county weight | ||||||
| 21 | limit
ordinance applying to county highways within its | ||||||
| 22 | corporate limits and is
entitled to the proceeds of any fines | ||||||
| 23 | collected from the enforcement.
| ||||||
| 24 | (g) An ordinance or resolution enacted by a county or | ||||||
| 25 | township pursuant to subsection (a) of this Section shall not | ||||||
| 26 | apply to cargo tank vehicles with two or three permanent axles | ||||||
| |||||||
| |||||||
| 1 | when delivering propane for emergency heating purposes if the | ||||||
| 2 | cargo tank is loaded at no more than 50 percent capacity, the | ||||||
| 3 | gross vehicle weight of the vehicle does not exceed 32,000 | ||||||
| 4 | pounds, and the driver of the cargo tank vehicle notifies the | ||||||
| 5 | appropriate agency or agencies with jurisdiction over the | ||||||
| 6 | highway before driving the vehicle on the highway pursuant to | ||||||
| 7 | this subsection. The cargo tank vehicle must have an operating | ||||||
| 8 | gauge on the cargo tank which indicates the amount of propane | ||||||
| 9 | as a percent of capacity of the cargo tank. The cargo tank must | ||||||
| 10 | have the capacity displayed on the cargo tank, or documentation | ||||||
| 11 | of the capacity of the cargo tank must be available in the | ||||||
| 12 | vehicle. For the purposes of this subsection, propane weighs | ||||||
| 13 | 4.2 pounds per gallon. This subsection does not apply to | ||||||
| 14 | municipalities. Nothing in this subsection shall allow cargo | ||||||
| 15 | tank
vehicles
to cross bridges with posted weight restrictions | ||||||
| 16 | if the vehicle exceeds the posted weight limit. | ||||||
| 17 | (Source: P.A. 99-168, eff. 1-1-16; 99-237, eff. 1-1-16; revised | ||||||
| 18 | 10-19-15.)
| ||||||
| 19 | Section 530. The Juvenile Court Act of 1987 is amended by | ||||||
| 20 | changing Sections 2-10, 3-12, and 5-530 as follows:
| ||||||
| 21 | (705 ILCS 405/2-10) (from Ch. 37, par. 802-10)
| ||||||
| 22 | Sec. 2-10. Temporary custody hearing. At the appearance of | ||||||
| 23 | the
minor before the court at the temporary custody hearing, | ||||||
| 24 | all
witnesses present shall be examined before the court in | ||||||
| |||||||
| |||||||
| 1 | relation to any
matter connected with the allegations made in | ||||||
| 2 | the petition.
| ||||||
| 3 | (1) If the court finds that there is not probable cause to | ||||||
| 4 | believe
that the minor is abused, neglected or dependent it | ||||||
| 5 | shall release
the minor and dismiss the petition.
| ||||||
| 6 | (2) If the court finds that there is probable cause to | ||||||
| 7 | believe that
the minor is abused, neglected or dependent, the | ||||||
| 8 | court shall state in writing
the factual basis supporting its | ||||||
| 9 | finding and the minor, his or her parent,
guardian, custodian | ||||||
| 10 | and other persons able to give relevant testimony
shall be | ||||||
| 11 | examined before the court. The Department of Children and
| ||||||
| 12 | Family Services shall give testimony concerning indicated | ||||||
| 13 | reports of abuse
and neglect, of which they are aware of | ||||||
| 14 | through the central registry,
involving the minor's parent, | ||||||
| 15 | guardian or custodian. After such
testimony, the court may, | ||||||
| 16 | consistent with
the health,
safety and best interests of the | ||||||
| 17 | minor,
enter an order that the minor shall be released
upon the | ||||||
| 18 | request of parent, guardian or custodian if the parent, | ||||||
| 19 | guardian
or custodian appears to take custody. If it is | ||||||
| 20 | determined that a parent's, guardian's, or custodian's | ||||||
| 21 | compliance with critical services mitigates the necessity for | ||||||
| 22 | removal of the minor from his or her home, the court may enter | ||||||
| 23 | an Order of Protection setting forth reasonable conditions of | ||||||
| 24 | behavior that a parent, guardian, or custodian must observe for | ||||||
| 25 | a specified period of time, not to exceed 12 months, without a | ||||||
| 26 | violation; provided, however, that the 12-month period shall | ||||||
| |||||||
| |||||||
| 1 | begin anew after any violation. Custodian shall include any | ||||||
| 2 | agency of
the State which has been given custody or wardship of | ||||||
| 3 | the child. If it is
consistent with the health, safety and best | ||||||
| 4 | interests of the
minor, the
court may also prescribe shelter | ||||||
| 5 | care and
order that the minor be kept in a suitable place | ||||||
| 6 | designated by the court or in
a shelter care facility | ||||||
| 7 | designated by the Department of Children and Family
Services or | ||||||
| 8 | a licensed child welfare
agency; however, on and after January | ||||||
| 9 | 1, 2015 (the effective date of Public Act 98-803) this | ||||||
| 10 | amendatory Act of the 98th General Assembly and before January | ||||||
| 11 | 1, 2017, a minor charged with a
criminal offense under the | ||||||
| 12 | Criminal Code of 1961 or the Criminal Code of 2012 or | ||||||
| 13 | adjudicated delinquent
shall not be placed in the custody of or | ||||||
| 14 | committed to the Department of
Children and Family Services by | ||||||
| 15 | any court, except a minor less than 16
years of age and | ||||||
| 16 | committed to the Department of Children and Family Services
| ||||||
| 17 | under Section 5-710 of this Act or a minor for whom an | ||||||
| 18 | independent
basis of
abuse, neglect, or dependency exists; and | ||||||
| 19 | on and after January 1, 2017, a minor charged with a
criminal | ||||||
| 20 | offense under the Criminal Code of 1961 or the Criminal Code of | ||||||
| 21 | 2012 or adjudicated delinquent
shall not be placed in the | ||||||
| 22 | custody of or committed to the Department of
Children and | ||||||
| 23 | Family Services by any court, except a minor less than 15 years | ||||||
| 24 | of age and committed to the Department of Children and Family | ||||||
| 25 | Services
under Section 5-710 of this Act or a minor for whom an | ||||||
| 26 | independent
basis of
abuse, neglect, or dependency exists.
An | ||||||
| |||||||
| |||||||
| 1 | independent basis exists when the allegations or adjudication | ||||||
| 2 | of abuse, neglect, or dependency do not arise from the same | ||||||
| 3 | facts, incident, or circumstances which give rise to a charge | ||||||
| 4 | or adjudication of delinquency.
| ||||||
| 5 | In placing the minor, the Department or other
agency shall, | ||||||
| 6 | to the extent
compatible with the court's order, comply with | ||||||
| 7 | Section 7 of the Children and
Family Services Act.
In | ||||||
| 8 | determining
the health, safety and best interests of the minor | ||||||
| 9 | to prescribe shelter
care, the court must
find that it is a | ||||||
| 10 | matter of immediate and urgent necessity for the safety
and | ||||||
| 11 | protection
of the minor or of the person or property of another | ||||||
| 12 | that the minor be placed
in a shelter care facility or that he | ||||||
| 13 | or she is likely to flee the jurisdiction
of the court, and | ||||||
| 14 | must further find that reasonable efforts have been made or
| ||||||
| 15 | that, consistent with the health, safety and best interests of
| ||||||
| 16 | the minor, no efforts reasonably can be made to
prevent or | ||||||
| 17 | eliminate the necessity of removal of the minor from his or her
| ||||||
| 18 | home. The court shall require documentation from the Department | ||||||
| 19 | of Children and
Family Services as to the reasonable efforts | ||||||
| 20 | that were made to prevent or
eliminate the necessity of removal | ||||||
| 21 | of the minor from his or her home or the
reasons why no efforts | ||||||
| 22 | reasonably could be made to prevent or eliminate the
necessity | ||||||
| 23 | of removal. When a minor is placed in the home of a relative, | ||||||
| 24 | the
Department of Children and Family Services shall complete a | ||||||
| 25 | preliminary
background review of the members of the minor's | ||||||
| 26 | custodian's household in
accordance with Section 4.3 of the | ||||||
| |||||||
| |||||||
| 1 | Child Care Act of 1969 within 90 days of
that placement. If the | ||||||
| 2 | minor is ordered placed in a shelter care facility of
the | ||||||
| 3 | Department of Children and
Family Services or a licensed child | ||||||
| 4 | welfare agency, the court shall, upon
request of the | ||||||
| 5 | appropriate Department or other agency, appoint the
Department | ||||||
| 6 | of Children and Family Services Guardianship Administrator or
| ||||||
| 7 | other appropriate agency executive temporary custodian of the | ||||||
| 8 | minor and the
court may enter such other orders related to the | ||||||
| 9 | temporary custody as it
deems fit and proper, including the | ||||||
| 10 | provision of services to the minor or
his family to ameliorate | ||||||
| 11 | the causes contributing to the finding of probable
cause or to | ||||||
| 12 | the finding of the existence of immediate and urgent necessity.
| ||||||
| 13 | Where the Department of Children and Family Services | ||||||
| 14 | Guardianship Administrator is appointed as the executive | ||||||
| 15 | temporary custodian, the Department of Children and Family | ||||||
| 16 | Services shall file with the court and serve on the parties a | ||||||
| 17 | parent-child visiting plan, within 10 days, excluding weekends | ||||||
| 18 | and holidays, after the appointment. The parent-child visiting | ||||||
| 19 | plan shall set out the time and place of visits, the frequency | ||||||
| 20 | of visits, the length of visits, who shall be present at the | ||||||
| 21 | visits, and where appropriate, the minor's opportunities to | ||||||
| 22 | have telephone and mail communication with the parents. | ||||||
| 23 | Where the Department of Children and Family Services | ||||||
| 24 | Guardianship Administrator is
appointed as the executive | ||||||
| 25 | temporary custodian, and when the child has siblings in care,
| ||||||
| 26 | the Department of Children and Family Services shall file with | ||||||
| |||||||
| |||||||
| 1 | the court and serve on the
parties a sibling placement and | ||||||
| 2 | contact plan within 10 days, excluding weekends and
holidays, | ||||||
| 3 | after the appointment. The sibling placement and contact plan | ||||||
| 4 | shall set forth
whether the siblings are placed together, and | ||||||
| 5 | if they are not placed together, what, if any,
efforts are | ||||||
| 6 | being made to place them together. If the Department has | ||||||
| 7 | determined that it is
not in a child's best interest to be | ||||||
| 8 | placed with a sibling, the Department shall document in
the | ||||||
| 9 | sibling placement and contact plan the basis for its | ||||||
| 10 | determination. For siblings placed
separately, the sibling | ||||||
| 11 | placement and contact plan shall set the time and place for | ||||||
| 12 | visits,
the frequency of the visits, the length of visits, who | ||||||
| 13 | shall be present for the visits, and
where appropriate, the | ||||||
| 14 | child's opportunities to have contact with their siblings in | ||||||
| 15 | addition to
in person contact. If the Department determines it | ||||||
| 16 | is not in the best interest of a sibling to
have contact with a | ||||||
| 17 | sibling, the Department shall document in the sibling placement | ||||||
| 18 | and
contact plan the basis for its determination. The sibling | ||||||
| 19 | placement and contact plan shall
specify a date for development | ||||||
| 20 | of the Sibling Contact Support Plan, under subsection (f) of | ||||||
| 21 | Section 7.4 of the Children and Family Services Act, and shall | ||||||
| 22 | remain in effect until the Sibling Contact Support Plan is | ||||||
| 23 | developed. | ||||||
| 24 | For good cause, the court may waive the requirement to | ||||||
| 25 | file the parent-child visiting plan or the sibling placement | ||||||
| 26 | and contact plan, or extend the time for filing either plan. | ||||||
| |||||||
| |||||||
| 1 | Any party may, by motion, request the court to review the | ||||||
| 2 | parent-child visiting plan to determine whether it is | ||||||
| 3 | reasonably calculated to expeditiously facilitate the | ||||||
| 4 | achievement of the permanency goal. A party may, by motion, | ||||||
| 5 | request the court to review the parent-child visiting plan or | ||||||
| 6 | the sibling placement and contact plan to determine whether it | ||||||
| 7 | is consistent with the minor's best interest. The court may | ||||||
| 8 | refer the parties to mediation where available. The frequency, | ||||||
| 9 | duration, and locations of visitation shall be measured by the | ||||||
| 10 | needs of the child and family, and not by the convenience of | ||||||
| 11 | Department personnel. Child development principles shall be | ||||||
| 12 | considered by the court in its analysis of how frequent | ||||||
| 13 | visitation should be, how long it should last, where it should | ||||||
| 14 | take place, and who should be present. If upon motion of the | ||||||
| 15 | party to review either plan and after receiving evidence, the | ||||||
| 16 | court determines that the parent-child visiting plan is not | ||||||
| 17 | reasonably calculated to expeditiously facilitate the | ||||||
| 18 | achievement of the permanency goal or that the restrictions | ||||||
| 19 | placed on parent-child contact or sibling placement or contact | ||||||
| 20 | are contrary to the child's best interests, the court shall put | ||||||
| 21 | in writing the factual basis supporting the determination and | ||||||
| 22 | enter specific findings based on the evidence. The court shall | ||||||
| 23 | enter an order for the Department to implement changes to the | ||||||
| 24 | parent-child visiting plan or sibling placement or contact | ||||||
| 25 | plan, consistent with the court's findings. At any stage of | ||||||
| 26 | proceeding, any party may by motion request the court to enter | ||||||
| |||||||
| |||||||
| 1 | any orders necessary to implement the parent-child visiting | ||||||
| 2 | plan, sibling placement or contact plan or subsequently | ||||||
| 3 | developed Sibling Contact Support Plan. Nothing under this | ||||||
| 4 | subsection (2) shall restrict the court from granting | ||||||
| 5 | discretionary authority to the Department to increase | ||||||
| 6 | opportunities for additional parent-child contacts or sibling | ||||||
| 7 | contacts, without further court orders. Nothing in this | ||||||
| 8 | subsection (2) shall restrict the Department from immediately | ||||||
| 9 | restricting or terminating parent-child contact or sibling | ||||||
| 10 | contacts, without either amending the parent-child visiting | ||||||
| 11 | plan or the sibling contact plan or obtaining a court order, | ||||||
| 12 | where the Department or its assigns reasonably believe that | ||||||
| 13 | continuation of the contact, as set out in the plan, would be | ||||||
| 14 | contrary to the child's health, safety, and welfare. The | ||||||
| 15 | Department shall file with the court and serve on the parties | ||||||
| 16 | any amendments to the plan within 10 days, excluding weekends | ||||||
| 17 | and holidays, of the change of the visitation.
| ||||||
| 18 | Acceptance of services shall not be considered an admission | ||||||
| 19 | of any
allegation in a petition made pursuant to this Act, nor | ||||||
| 20 | may a referral of
services be considered as evidence in any | ||||||
| 21 | proceeding pursuant to this Act,
except where the issue is | ||||||
| 22 | whether the Department has made reasonable
efforts to reunite | ||||||
| 23 | the family. In making its findings that it is
consistent with | ||||||
| 24 | the health, safety and best
interests of the minor to prescribe | ||||||
| 25 | shelter care, the court shall state in
writing (i) the factual | ||||||
| 26 | basis supporting its findings concerning the
immediate and | ||||||
| |||||||
| |||||||
| 1 | urgent necessity for the protection of the minor or of the | ||||||
| 2 | person
or property of another and (ii) the factual basis | ||||||
| 3 | supporting its findings that
reasonable efforts were made to | ||||||
| 4 | prevent or eliminate the removal of the minor
from his or her | ||||||
| 5 | home or that no efforts reasonably could be made to prevent or
| ||||||
| 6 | eliminate the removal of the minor from his or her home. The
| ||||||
| 7 | parents, guardian, custodian, temporary custodian and minor | ||||||
| 8 | shall each be
furnished a copy of such written findings. The | ||||||
| 9 | temporary custodian shall
maintain a copy of the court order | ||||||
| 10 | and written findings in the case record
for the child. The | ||||||
| 11 | order together with the court's findings of fact in
support | ||||||
| 12 | thereof shall be entered of record in the court.
| ||||||
| 13 | Once the court finds that it is a matter of immediate and | ||||||
| 14 | urgent necessity
for the protection of the minor that the minor | ||||||
| 15 | be placed in a shelter care
facility, the minor shall not be | ||||||
| 16 | returned to the parent, custodian or guardian
until the court | ||||||
| 17 | finds that such placement is no longer necessary for the
| ||||||
| 18 | protection of the minor.
| ||||||
| 19 | If the child is placed in the temporary custody of the | ||||||
| 20 | Department of
Children
and Family
Services for his or her | ||||||
| 21 | protection, the court shall admonish the parents,
guardian,
| ||||||
| 22 | custodian or responsible relative that the parents must | ||||||
| 23 | cooperate with the
Department of Children and Family Services, | ||||||
| 24 | comply
with the terms of the service plans, and correct the | ||||||
| 25 | conditions which require
the child to be in care, or risk | ||||||
| 26 | termination of their parental
rights.
| ||||||
| |||||||
| |||||||
| 1 | (3) If prior to the shelter care hearing for a minor | ||||||
| 2 | described in Sections
2-3, 2-4, 3-3, and 4-3 the moving party | ||||||
| 3 | is unable to serve notice on the
party respondent, the shelter | ||||||
| 4 | care hearing may proceed ex parte ex-parte. A shelter
care | ||||||
| 5 | order from an ex parte ex-parte hearing shall be endorsed with | ||||||
| 6 | the date and
hour of issuance and shall be filed with the | ||||||
| 7 | clerk's office and entered of
record. The order shall expire | ||||||
| 8 | after 10 days from the time it is issued
unless before its | ||||||
| 9 | expiration it is renewed, at a hearing upon appearance
of the | ||||||
| 10 | party respondent, or upon an affidavit of the moving party as | ||||||
| 11 | to all
diligent efforts to notify the party respondent by | ||||||
| 12 | notice as herein
prescribed. The notice prescribed shall be in | ||||||
| 13 | writing and shall be
personally delivered to the minor or the | ||||||
| 14 | minor's attorney and to the last
known address of the other | ||||||
| 15 | person or persons entitled to notice. The
notice shall also | ||||||
| 16 | state the nature of the allegations, the nature of the
order | ||||||
| 17 | sought by the State, including whether temporary custody is | ||||||
| 18 | sought,
and the consequences of failure to appear and shall | ||||||
| 19 | contain a notice
that the parties will not be entitled to | ||||||
| 20 | further written notices or publication
notices of proceedings | ||||||
| 21 | in this case, including the filing of an amended
petition or a | ||||||
| 22 | motion to terminate parental rights, except as required by
| ||||||
| 23 | Supreme Court Rule 11; and shall explain the
right of
the | ||||||
| 24 | parties and the procedures to vacate or modify a shelter care | ||||||
| 25 | order as
provided in this Section. The notice for a shelter | ||||||
| 26 | care hearing shall be
substantially as follows:
| ||||||
| |||||||
| |||||||
| 1 | NOTICE TO PARENTS AND CHILDREN
| ||||||
| 2 | OF SHELTER CARE HEARING
| ||||||
| 3 | On ................ at ........., before the Honorable | ||||||
| 4 | ................,
(address:) ................., the State | ||||||
| 5 | of Illinois will present evidence
(1) that (name of child | ||||||
| 6 | or children) ....................... are abused,
neglected | ||||||
| 7 | or dependent for the following reasons:
| ||||||
| 8 | ..............................................
and (2) | ||||||
| 9 | whether there is "immediate and urgent necessity" to remove | ||||||
| 10 | the child
or children from the responsible relative.
| ||||||
| 11 | YOUR FAILURE TO APPEAR AT THE HEARING MAY RESULT IN | ||||||
| 12 | PLACEMENT of the
child or children in foster care until a | ||||||
| 13 | trial can be held. A trial may
not be held for up to 90 | ||||||
| 14 | days. You will not be entitled to further notices
of | ||||||
| 15 | proceedings in this case, including the filing of an | ||||||
| 16 | amended petition or a
motion to terminate parental rights.
| ||||||
| 17 | At the shelter care hearing, parents have the following | ||||||
| 18 | rights:
| ||||||
| 19 | 1. To ask the court to appoint a lawyer if they | ||||||
| 20 | cannot afford one.
| ||||||
| 21 | 2. To ask the court to continue the hearing to | ||||||
| 22 | allow them time to
prepare.
| ||||||
| 23 | 3. To present evidence concerning:
| ||||||
| 24 | a. Whether or not the child or children were | ||||||
| 25 | abused, neglected
or dependent.
| ||||||
| 26 | b. Whether or not there is "immediate and | ||||||
| |||||||
| |||||||
| 1 | urgent necessity" to remove
the child from home | ||||||
| 2 | (including: their ability to care for the child,
| ||||||
| 3 | conditions in the home, alternative means of | ||||||
| 4 | protecting the child other
than removal).
| ||||||
| 5 | c. The best interests of the child.
| ||||||
| 6 | 4. To cross examine the State's witnesses.
| ||||||
| 7 | The Notice for rehearings shall be substantially as | ||||||
| 8 | follows:
| ||||||
| 9 | NOTICE OF PARENT'S AND CHILDREN'S RIGHTS
| ||||||
| 10 | TO REHEARING ON TEMPORARY CUSTODY
| ||||||
| 11 | If you were not present at and did not have adequate | ||||||
| 12 | notice of the
Shelter Care Hearing at which temporary | ||||||
| 13 | custody of ............... was
awarded to | ||||||
| 14 | ................, you have the right to request a full | ||||||
| 15 | rehearing
on whether the State should have temporary | ||||||
| 16 | custody of ................. To
request this rehearing, | ||||||
| 17 | you must file with the Clerk of the Juvenile Court
| ||||||
| 18 | (address): ........................, in person or by | ||||||
| 19 | mailing a statement
(affidavit) setting forth the | ||||||
| 20 | following:
| ||||||
| 21 | 1. That you were not present at the shelter care | ||||||
| 22 | hearing.
| ||||||
| 23 | 2. That you did not get adequate notice (explaining | ||||||
| 24 | how the notice
was inadequate).
| ||||||
| 25 | 3. Your signature.
| ||||||
| |||||||
| |||||||
| 1 | 4. Signature must be notarized.
| ||||||
| 2 | The rehearing should be scheduled within 48 hours of | ||||||
| 3 | your filing this
affidavit.
| ||||||
| 4 | At the rehearing, your rights are the same as at the | ||||||
| 5 | initial shelter care
hearing. The enclosed notice explains | ||||||
| 6 | those rights.
| ||||||
| 7 | At the Shelter Care Hearing, children have the | ||||||
| 8 | following rights:
| ||||||
| 9 | 1. To have a guardian ad litem appointed.
| ||||||
| 10 | 2. To be declared competent as a witness and to | ||||||
| 11 | present testimony
concerning:
| ||||||
| 12 | a. Whether they are abused, neglected or | ||||||
| 13 | dependent.
| ||||||
| 14 | b. Whether there is "immediate and urgent | ||||||
| 15 | necessity" to be
removed from home.
| ||||||
| 16 | c. Their best interests.
| ||||||
| 17 | 3. To cross examine witnesses for other parties.
| ||||||
| 18 | 4. To obtain an explanation of any proceedings and | ||||||
| 19 | orders of the
court.
| ||||||
| 20 | (4) If the parent, guardian, legal custodian, responsible | ||||||
| 21 | relative,
minor age 8 or over, or counsel of the minor did not | ||||||
| 22 | have actual notice of
or was not present at the shelter care | ||||||
| 23 | hearing, he or she may file an
affidavit setting forth these | ||||||
| 24 | facts, and the clerk shall set the matter for
rehearing not | ||||||
| 25 | later than 48 hours, excluding Sundays and legal holidays,
| ||||||
| 26 | after the filing of the affidavit. At the rehearing, the court | ||||||
| |||||||
| |||||||
| 1 | shall
proceed in the same manner as upon the original hearing.
| ||||||
| 2 | (5) Only when there is reasonable cause to believe that the | ||||||
| 3 | minor
taken into custody is a person described in subsection | ||||||
| 4 | (3) of Section
5-105 may the minor be
kept or detained in a | ||||||
| 5 | detention home or county or municipal jail. This
Section shall | ||||||
| 6 | in no way be construed to limit subsection (6).
| ||||||
| 7 | (6) No minor under 16 years of age may be confined in a | ||||||
| 8 | jail or place
ordinarily used for the confinement of prisoners | ||||||
| 9 | in a police station. Minors
under 18 years of age must be kept | ||||||
| 10 | separate from confined adults and may
not at any time be kept | ||||||
| 11 | in the same cell, room, or yard with adults confined
pursuant | ||||||
| 12 | to the criminal law.
| ||||||
| 13 | (7) If the minor is not brought before a judicial officer | ||||||
| 14 | within the
time period as specified in Section 2-9, the minor | ||||||
| 15 | must immediately be
released from custody.
| ||||||
| 16 | (8) If neither the parent, guardian or custodian appears | ||||||
| 17 | within 24
hours to take custody of a minor released upon | ||||||
| 18 | request pursuant to
subsection (2) of this Section, then the | ||||||
| 19 | clerk of the court shall set the
matter for rehearing not later | ||||||
| 20 | than 7 days after the original order and
shall issue a summons | ||||||
| 21 | directed to the parent, guardian or custodian to
appear. At the | ||||||
| 22 | same time the probation department shall prepare a report
on | ||||||
| 23 | the minor. If a parent, guardian or custodian does not appear | ||||||
| 24 | at such
rehearing, the judge may enter an order prescribing | ||||||
| 25 | that the minor be kept
in a suitable place designated by the | ||||||
| 26 | Department of Children and Family
Services or a licensed child | ||||||
| |||||||
| |||||||
| 1 | welfare agency.
| ||||||
| 2 | (9) Notwithstanding any other provision of this
Section any | ||||||
| 3 | interested party, including the State, the temporary
| ||||||
| 4 | custodian, an agency providing services to the minor or family | ||||||
| 5 | under a
service plan pursuant to Section 8.2 of the Abused and | ||||||
| 6 | Neglected Child
Reporting Act, foster parent, or any of their | ||||||
| 7 | representatives, on notice
to all parties entitled to notice, | ||||||
| 8 | may file a motion that it is in the best
interests of the minor | ||||||
| 9 | to modify or vacate a
temporary custody order on any of the | ||||||
| 10 | following grounds:
| ||||||
| 11 | (a) It is no longer a matter of immediate and urgent | ||||||
| 12 | necessity that the
minor remain in shelter care; or
| ||||||
| 13 | (b) There is a material change in the circumstances of | ||||||
| 14 | the natural
family from which the minor was removed and the | ||||||
| 15 | child can be cared for at
home without endangering the | ||||||
| 16 | child's health or safety; or
| ||||||
| 17 | (c) A person not a party to the alleged abuse, neglect | ||||||
| 18 | or dependency,
including a parent, relative or legal | ||||||
| 19 | guardian, is capable of assuming
temporary custody of the | ||||||
| 20 | minor; or
| ||||||
| 21 | (d) Services provided by the Department of Children and | ||||||
| 22 | Family Services
or a child welfare agency or other service | ||||||
| 23 | provider have been successful in
eliminating the need for | ||||||
| 24 | temporary custody and the child can be cared for at
home | ||||||
| 25 | without endangering the child's health or safety.
| ||||||
| 26 | In ruling on the motion, the court shall determine whether | ||||||
| |||||||
| |||||||
| 1 | it is consistent
with the health, safety and best interests of | ||||||
| 2 | the minor to modify
or vacate a temporary custody order.
| ||||||
| 3 | The clerk shall set the matter for hearing not later than | ||||||
| 4 | 14 days after
such motion is filed. In the event that the court | ||||||
| 5 | modifies or vacates a
temporary custody order but does not | ||||||
| 6 | vacate its finding of probable cause,
the court may order that | ||||||
| 7 | appropriate services be continued or initiated in
behalf of the | ||||||
| 8 | minor and his or her family.
| ||||||
| 9 | (10) When the court finds or has found that there is | ||||||
| 10 | probable cause to
believe a minor is an abused minor as | ||||||
| 11 | described in subsection (2) of Section
2-3
and that there is an | ||||||
| 12 | immediate and urgent necessity for the abused minor to be
| ||||||
| 13 | placed in shelter care, immediate and urgent necessity shall be | ||||||
| 14 | presumed for
any other minor residing in the same household as | ||||||
| 15 | the abused minor provided:
| ||||||
| 16 | (a) Such other minor is the subject of an abuse or | ||||||
| 17 | neglect petition
pending before the court; and
| ||||||
| 18 | (b) A party to the petition is seeking shelter care for | ||||||
| 19 | such other minor.
| ||||||
| 20 | Once the presumption of immediate and urgent necessity has | ||||||
| 21 | been raised, the
burden of demonstrating the lack of immediate | ||||||
| 22 | and urgent necessity shall be on
any party that is opposing | ||||||
| 23 | shelter care for the other minor.
| ||||||
| 24 | (11) The changes made to this Section by Public Act 98-61 | ||||||
| 25 | apply to a minor who has been
arrested or taken into custody on | ||||||
| 26 | or after January 1, 2014 (the effective date
of Public Act | ||||||
| |||||||
| |||||||
| 1 | 98-61). | ||||||
| 2 | (Source: P.A. 97-1076, eff. 8-24-12; 97-1150, eff. 1-25-13; | ||||||
| 3 | 98-61, eff. 1-1-14; 98-756, eff. 7-16-14; 98-803, eff. 1-1-15; | ||||||
| 4 | revised 10-16-15.)
| ||||||
| 5 | (705 ILCS 405/3-12) (from Ch. 37, par. 803-12)
| ||||||
| 6 | Sec. 3-12. Shelter care hearing. At the appearance of the
| ||||||
| 7 | minor before the court at the shelter care hearing, all
| ||||||
| 8 | witnesses present shall be examined before the court in | ||||||
| 9 | relation to any
matter connected with the allegations made in | ||||||
| 10 | the petition.
| ||||||
| 11 | (1) If the court finds that there is not probable cause to | ||||||
| 12 | believe
that the minor is a person requiring authoritative | ||||||
| 13 | intervention, it shall
release the minor and dismiss the | ||||||
| 14 | petition.
| ||||||
| 15 | (2) If the court finds that there is probable cause to | ||||||
| 16 | believe that the
minor is a person requiring authoritative | ||||||
| 17 | intervention, the minor, his or
her parent, guardian, custodian | ||||||
| 18 | and other persons able to give relevant
testimony shall be | ||||||
| 19 | examined before the court. After such testimony, the
court may | ||||||
| 20 | enter an order that the minor shall be released upon the | ||||||
| 21 | request
of a parent, guardian or custodian if the parent, | ||||||
| 22 | guardian or custodian
appears to take custody. Custodian shall | ||||||
| 23 | include any agency of the State
which has been given custody or | ||||||
| 24 | wardship of the child. The Court shall require
documentation by | ||||||
| 25 | representatives of the Department of Children and Family
| ||||||
| |||||||
| |||||||
| 1 | Services or the probation department as to the reasonable | ||||||
| 2 | efforts that were
made to prevent or eliminate the necessity of | ||||||
| 3 | removal of the minor from his
or her home, and shall consider | ||||||
| 4 | the testimony of any person as to those
reasonable efforts. If | ||||||
| 5 | the court finds that it is a
matter of immediate and urgent | ||||||
| 6 | necessity for the protection of the minor
or of the person or | ||||||
| 7 | property of another that the minor be
placed in a shelter care | ||||||
| 8 | facility, or that he or she is likely to flee the
jurisdiction | ||||||
| 9 | of the court, and further finds that reasonable efforts have
| ||||||
| 10 | been made or good cause has been shown why reasonable efforts | ||||||
| 11 | cannot
prevent or eliminate the necessity of removal of the | ||||||
| 12 | minor from his or her
home, the court may prescribe shelter | ||||||
| 13 | care and order that the minor be kept
in a suitable place | ||||||
| 14 | designated by the court or in a shelter care facility
| ||||||
| 15 | designated by the Department of Children and Family Services or | ||||||
| 16 | a licensed
child welfare agency; otherwise it shall release the | ||||||
| 17 | minor from custody.
If the court prescribes shelter care, then | ||||||
| 18 | in placing the minor, the
Department or other agency shall, to | ||||||
| 19 | the extent
compatible with the court's order, comply with | ||||||
| 20 | Section 7 of the Children and
Family Services Act. If
the minor | ||||||
| 21 | is ordered placed in a shelter care facility of the Department | ||||||
| 22 | of
Children and Family Services or a licensed child welfare | ||||||
| 23 | agency, the court
shall, upon request of the Department or | ||||||
| 24 | other agency, appoint the
Department of Children and Family | ||||||
| 25 | Services Guardianship Administrator or
other appropriate | ||||||
| 26 | agency executive temporary custodian of the minor and the
court | ||||||
| |||||||
| |||||||
| 1 | may enter such other orders related to the temporary custody as | ||||||
| 2 | it
deems fit and proper, including the provision of services to | ||||||
| 3 | the minor or
his family to ameliorate the causes contributing | ||||||
| 4 | to the finding of probable
cause or to the finding of the | ||||||
| 5 | existence of immediate and urgent necessity.
Acceptance of | ||||||
| 6 | services shall not be considered an admission of any
allegation | ||||||
| 7 | in a petition made pursuant to this Act, nor may a referral of
| ||||||
| 8 | services be considered as evidence in any proceeding pursuant | ||||||
| 9 | to this Act,
except where the issue is whether the Department | ||||||
| 10 | has made reasonable
efforts to reunite the family. In making | ||||||
| 11 | its findings that reasonable
efforts have been made or that | ||||||
| 12 | good cause has been shown why reasonable
efforts cannot prevent | ||||||
| 13 | or eliminate the necessity of removal of the minor
from his or | ||||||
| 14 | her home, the court shall state in writing its findings
| ||||||
| 15 | concerning the nature of the services that were offered or the | ||||||
| 16 | efforts that
were made to prevent removal of the child and the | ||||||
| 17 | apparent reasons that such
services or efforts could not | ||||||
| 18 | prevent the need for removal. The parents,
guardian, custodian, | ||||||
| 19 | temporary custodian and minor shall each be furnished
a copy of | ||||||
| 20 | such written findings. The temporary custodian shall maintain a
| ||||||
| 21 | copy of the court order and written findings in the case record | ||||||
| 22 | for the
child.
| ||||||
| 23 | The order together with the court's findings of fact and | ||||||
| 24 | support thereof
shall be entered of record in the court.
| ||||||
| 25 | Once the court finds that it is a matter of immediate and | ||||||
| 26 | urgent necessity
for the protection of the minor that the minor | ||||||
| |||||||
| |||||||
| 1 | be placed in a shelter care
facility, the minor shall not be | ||||||
| 2 | returned to the parent, custodian or guardian
until the court | ||||||
| 3 | finds that such placement is no longer necessary for the
| ||||||
| 4 | protection of the minor.
| ||||||
| 5 | (3) If prior to the shelter care hearing for a minor | ||||||
| 6 | described in
Sections 2-3, 2-4, 3-3, and 4-3 the petitioner is | ||||||
| 7 | unable to serve notice on the
party respondent, the shelter | ||||||
| 8 | care hearing may proceed ex parte ex-parte. A shelter
care | ||||||
| 9 | order from an ex parte ex-parte hearing shall be endorsed with | ||||||
| 10 | the date and
hour of issuance and shall be filed with the | ||||||
| 11 | clerk's office and entered of
record. The order shall expire | ||||||
| 12 | after 10 days from the time it is issued
unless before its | ||||||
| 13 | expiration it is renewed, at a hearing upon appearance
of the | ||||||
| 14 | party respondent, or upon an affidavit of the moving party as | ||||||
| 15 | to all
diligent efforts to notify the party respondent by | ||||||
| 16 | notice as herein
prescribed. The notice prescribed shall be in | ||||||
| 17 | writing and shall be
personally delivered to the minor or the | ||||||
| 18 | minor's attorney and to the last
known address of the other | ||||||
| 19 | person or persons entitled to notice. The
notice shall also | ||||||
| 20 | state the nature of the allegations, the nature of the
order | ||||||
| 21 | sought by the State, including whether temporary custody is | ||||||
| 22 | sought,
and the consequences of failure to appear; and shall | ||||||
| 23 | explain the right of
the parties and the procedures to vacate | ||||||
| 24 | or modify a shelter care order as
provided in this Section. The | ||||||
| 25 | notice for a shelter care hearing shall be
substantially as | ||||||
| 26 | follows:
| ||||||
| |||||||
| |||||||
| 1 | NOTICE TO PARENTS AND CHILDREN OF SHELTER CARE HEARING
| ||||||
| 2 | On ................ at ........., before the Honorable
| ||||||
| 3 | ................, (address:) ................., the State of | ||||||
| 4 | Illinois will
present evidence (1) that (name of child or | ||||||
| 5 | children)
....................... are abused, neglected or | ||||||
| 6 | dependent for the following reasons:
| ||||||
| 7 | .............................................................
| ||||||
| 8 | and (2) that there is "immediate and urgent necessity" to | ||||||
| 9 | remove the child
or children from the responsible relative.
| ||||||
| 10 | YOUR FAILURE TO APPEAR AT THE HEARING MAY RESULT IN | ||||||
| 11 | PLACEMENT of the
child or children in foster care until a trial | ||||||
| 12 | can be held. A trial may
not be held for up to 90 days.
| ||||||
| 13 | At the shelter care hearing, parents have the following | ||||||
| 14 | rights:
| ||||||
| 15 | 1. To ask the court to appoint a lawyer if they cannot | ||||||
| 16 | afford one.
| ||||||
| 17 | 2. To ask the court to continue the hearing to allow | ||||||
| 18 | them time to prepare.
| ||||||
| 19 | 3. To present evidence concerning:
| ||||||
| 20 | a. Whether or not the child or children were | ||||||
| 21 | abused, neglected or dependent.
| ||||||
| 22 | b. Whether or not there is "immediate and urgent | ||||||
| 23 | necessity" to remove
the child from home (including: | ||||||
| 24 | their ability to care for the child,
conditions in the | ||||||
| 25 | home, alternative means of protecting the child
other | ||||||
| 26 | than removal).
| ||||||
| |||||||
| |||||||
| 1 | c. The best interests of the child.
| ||||||
| 2 | 4. To cross examine the State's witnesses.
| ||||||
| 3 | The Notice for rehearings shall be substantially as | ||||||
| 4 | follows:
| ||||||
| 5 | NOTICE OF PARENT'S AND CHILDREN'S RIGHTS
| ||||||
| 6 | TO REHEARING ON TEMPORARY CUSTODY
| ||||||
| 7 | If you were not present at and did not have adequate notice | ||||||
| 8 | of the
Shelter Care Hearing at which temporary custody of | ||||||
| 9 | ............... was
awarded to ................, you have the | ||||||
| 10 | right to request a full rehearing
on whether the State should | ||||||
| 11 | have temporary custody of ................. To
request this | ||||||
| 12 | rehearing, you must file with the Clerk of the Juvenile Court
| ||||||
| 13 | (address): ........................, in person or by mailing a | ||||||
| 14 | statement
(affidavit) setting forth the following:
| ||||||
| 15 | 1. That you were not present at the shelter care | ||||||
| 16 | hearing.
| ||||||
| 17 | 2. That you did not get adequate notice (explaining how | ||||||
| 18 | the notice
was inadequate).
| ||||||
| 19 | 3. Your signature.
| ||||||
| 20 | 4. Signature must be notarized.
| ||||||
| 21 | The rehearing should be scheduled within one day of your | ||||||
| 22 | filing this
affidavit.
| ||||||
| 23 | At the rehearing, your rights are the same as at the | ||||||
| 24 | initial shelter care
hearing. The enclosed notice explains | ||||||
| 25 | those rights.
| ||||||
| 26 | At the Shelter Care Hearing, children have the following | ||||||
| |||||||
| |||||||
| 1 | rights:
| ||||||
| 2 | 1. To have a guardian ad litem appointed.
| ||||||
| 3 | 2. To be declared competent as a witness and to present | ||||||
| 4 | testimony
concerning:
| ||||||
| 5 | a. Whether they are abused, neglected or | ||||||
| 6 | dependent.
| ||||||
| 7 | b. Whether there is "immediate and urgent | ||||||
| 8 | necessity" to be
removed from home.
| ||||||
| 9 | c. Their best interests.
| ||||||
| 10 | 3. To cross examine witnesses for other parties.
| ||||||
| 11 | 4. To obtain an explanation of any proceedings and | ||||||
| 12 | orders of the court.
| ||||||
| 13 | (4) If the parent, guardian, legal custodian, responsible | ||||||
| 14 | relative, or
counsel of the minor did not have actual notice of | ||||||
| 15 | or was not present at
the shelter care hearing, he or she may | ||||||
| 16 | file an affidavit setting forth
these facts, and the clerk | ||||||
| 17 | shall set the matter for rehearing not later
than 48 hours, | ||||||
| 18 | excluding Sundays and legal holidays, after the filing of
the | ||||||
| 19 | affidavit. At the rehearing, the court shall proceed in the | ||||||
| 20 | same manner
as upon the original hearing.
| ||||||
| 21 | (5) Only when there is reasonable cause to believe that the | ||||||
| 22 | minor taken
into custody is a person described in subsection | ||||||
| 23 | (3) of Section 5-105 may the minor
be kept or
detained in a | ||||||
| 24 | detention home or county or municipal jail. This Section
shall | ||||||
| 25 | in no way be construed to limit subsection (6).
| ||||||
| 26 | (6) No minor under 16 years of age may be confined in a | ||||||
| |||||||
| |||||||
| 1 | jail or place
ordinarily used for the confinement of prisoners | ||||||
| 2 | in a police station. Minors
under 18 years of age must be kept | ||||||
| 3 | separate from confined adults and may
not at any time be kept | ||||||
| 4 | in the same cell, room, or yard with adults confined
pursuant | ||||||
| 5 | to the criminal law.
| ||||||
| 6 | (7) If the minor is not brought before a judicial officer | ||||||
| 7 | within the
time period specified in Section 3-11, the minor | ||||||
| 8 | must immediately be
released from custody.
| ||||||
| 9 | (8) If neither the parent, guardian or custodian appears | ||||||
| 10 | within 24
hours to take custody of a minor released upon | ||||||
| 11 | request pursuant to
subsection (2) of this Section, then the | ||||||
| 12 | clerk of the court shall set the
matter for rehearing not later | ||||||
| 13 | than 7 days after the original order and
shall issue a summons | ||||||
| 14 | directed to the parent, guardian or custodian to
appear. At the | ||||||
| 15 | same time the probation department shall prepare a report
on | ||||||
| 16 | the minor. If a parent, guardian or custodian does not appear | ||||||
| 17 | at such
rehearing, the judge may enter an order prescribing | ||||||
| 18 | that the minor be kept
in a suitable place designated by the | ||||||
| 19 | Department of Children and Family
Services or a licensed child | ||||||
| 20 | welfare agency.
| ||||||
| 21 | (9) Notwithstanding any other provision of this Section, | ||||||
| 22 | any interested
party, including the State, the temporary | ||||||
| 23 | custodian, an agency providing
services to the minor or family | ||||||
| 24 | under a service plan pursuant to Section
8.2 of the Abused and | ||||||
| 25 | Neglected Child Reporting Act, foster parent, or any
of their | ||||||
| 26 | representatives, on notice to all parties entitled to notice, | ||||||
| |||||||
| |||||||
| 1 | may
file a motion to modify or vacate a temporary custody order | ||||||
| 2 | on any of the
following grounds:
| ||||||
| 3 | (a) It is no longer a matter of immediate and urgent | ||||||
| 4 | necessity that the
minor remain in shelter care; or
| ||||||
| 5 | (b) There is a material change in the circumstances of | ||||||
| 6 | the natural
family from which the minor was removed; or
| ||||||
| 7 | (c) A person, including a parent, relative or legal | ||||||
| 8 | guardian, is
capable of assuming temporary custody of the | ||||||
| 9 | minor; or
| ||||||
| 10 | (d) Services provided by the Department of Children and | ||||||
| 11 | Family Services
or a child welfare agency or other service | ||||||
| 12 | provider have been successful in
eliminating the need for | ||||||
| 13 | temporary custody.
| ||||||
| 14 | The clerk shall set the matter for hearing not later than | ||||||
| 15 | 14 days after
such motion is filed. In the event that the court | ||||||
| 16 | modifies or vacates a
temporary custody order but does not | ||||||
| 17 | vacate its finding of probable cause,
the court may order that | ||||||
| 18 | appropriate services be continued or initiated in
behalf of the | ||||||
| 19 | minor and his or her family.
| ||||||
| 20 | (10) The changes made to this Section by Public Act 98-61 | ||||||
| 21 | apply to a minor who has been
arrested or taken into custody on | ||||||
| 22 | or after January 1, 2014 (the effective date
of Public Act | ||||||
| 23 | 98-61). | ||||||
| 24 | (Source: P.A. 98-61, eff. 1-1-14; 98-756, eff. 7-16-14; revised | ||||||
| 25 | 10-16-15.)
| ||||||
| |||||||
| |||||||
| 1 | (705 ILCS 405/5-530)
| ||||||
| 2 | Sec. 5-530. Notice.
| ||||||
| 3 | (1) A party presenting a supplemental or amended petition | ||||||
| 4 | or motion to the
court shall provide the other parties with a | ||||||
| 5 | copy of any supplemental or
amended petition, motion or | ||||||
| 6 | accompanying affidavit not yet served upon that
party, and | ||||||
| 7 | shall file proof of that service, in accordance with | ||||||
| 8 | subsections
(2), (3),
and (4) of this Section. Written notice | ||||||
| 9 | of the date, time and place of the
hearing,
shall be provided | ||||||
| 10 | to all parties in accordance with local court rules.
| ||||||
| 11 | (2) (a) On whom made. If a party is represented by an | ||||||
| 12 | attorney of record,
service shall be made upon the attorney. | ||||||
| 13 | Otherwise service shall be made upon
the party.
| ||||||
| 14 | (b) Method. Papers shall be served as follows:
| ||||||
| 15 | (1) by delivering them to the attorney or party | ||||||
| 16 | personally;
| ||||||
| 17 | (2) by leaving them in the office of the attorney | ||||||
| 18 | with his or her clerk,
or with
a person in charge of | ||||||
| 19 | the office; or if a party is not represented by | ||||||
| 20 | counsel,
by leaving them at his or her residence with a | ||||||
| 21 | family member of the age of 10
years or upwards;
| ||||||
| 22 | (3) by depositing them in the United States post | ||||||
| 23 | office or post-office
box enclosed in an envelope, | ||||||
| 24 | plainly addressed to the attorney at his or her
| ||||||
| 25 | business
address, or to the party at his or her | ||||||
| 26 | business address or residence, with
postage
fully | ||||||
| |||||||
| |||||||
| 1 | pre-paid; or
| ||||||
| 2 | (4) by transmitting them via facsimile machine to | ||||||
| 3 | the office of the
attorney or party, who has consented | ||||||
| 4 | to receiving service by facsimile
transmission. Briefs | ||||||
| 5 | filed in reviewing courts shall be served in accordance
| ||||||
| 6 | with Supreme Court Rule.
| ||||||
| 7 | (i) A party or attorney electing to serve | ||||||
| 8 | pleading by facsimile must
include on the | ||||||
| 9 | certificate of service transmitted the telephone | ||||||
| 10 | number of the
sender's facsimile transmitting | ||||||
| 11 | device. Use of service by facsimile shall be
deemed | ||||||
| 12 | consent by that party or attorney to receive | ||||||
| 13 | service by facsimile
transmission. Any party may | ||||||
| 14 | rescind consent of service by facsimile
| ||||||
| 15 | transmission in a case by filing with the court and | ||||||
| 16 | serving a notice on all
parties or their attorneys | ||||||
| 17 | who
have filed appearances that facsimile service | ||||||
| 18 | will not be accepted. A party or
attorney who has | ||||||
| 19 | rescinded consent to service by facsimile | ||||||
| 20 | transmission in a
case may not serve another party | ||||||
| 21 | or attorney by facsimile transmission in that
| ||||||
| 22 | case.
| ||||||
| 23 | (ii) Each page of notices and documents | ||||||
| 24 | transmitted by facsimile
pursuant
to this rule | ||||||
| 25 | should bear the circuit court number, the title of | ||||||
| 26 | the document,
and the page number.
| ||||||
| |||||||
| |||||||
| 1 | (c) Multiple parties or attorneys. In cases in which | ||||||
| 2 | there are 2 or
more
minor-respondents who appear by | ||||||
| 3 | different attorneys, service on all papers
shall be made on | ||||||
| 4 | the attorney for each of the parties. If one attorney | ||||||
| 5 | appears
for several parties, he or she is entitled to only | ||||||
| 6 | one copy of any paper served
upon
him or her by the | ||||||
| 7 | opposite side. When more than one attorney appears for a
| ||||||
| 8 | party,
service of a copy upon one of them is sufficient.
| ||||||
| 9 | (3)(a) Filing. When service of a paper is required, proof | ||||||
| 10 | of service shall
be
filed with the clerk.
| ||||||
| 11 | (b) Manner of Proof. Service is proved:
| ||||||
| 12 | (i) by written acknowledgement signed by the | ||||||
| 13 | person served;
| ||||||
| 14 | (ii) in case of service by personal delivery, by | ||||||
| 15 | certificate of the
attorney, or affidavit of a person, | ||||||
| 16 | other than that an attorney, who made delivery;
| ||||||
| 17 | (iii) in case of service by mail, by certificate of | ||||||
| 18 | the attorney, or
affidavit of a person other than the | ||||||
| 19 | attorney, who deposited the paper in the
mail, stating | ||||||
| 20 | the time and place of mailing, the complete address | ||||||
| 21 | which
appeared on the envelope, and the fact that | ||||||
| 22 | proper postage was pre-paid; or
| ||||||
| 23 | (iv) in case of service by facsimile transmission, | ||||||
| 24 | by certificate of the
attorney or affidavit of a person | ||||||
| 25 | other than the attorney, who transmitted the
paper via | ||||||
| 26 | facsimile machine, stating the time and place of | ||||||
| |||||||
| |||||||
| 1 | transmission, the
telephone number to which the | ||||||
| 2 | transmission was sent and the number of pages
| ||||||
| 3 | transmitted.
| ||||||
| 4 | (c) Effective date of service by mail. Service by mail | ||||||
| 5 | is complete 4
days
after mailing.
| ||||||
| 6 | (d) Effective date of service by facsimile | ||||||
| 7 | transmission. Service by
facsimile
machine is complete on | ||||||
| 8 | the first court day following transmission.
| ||||||
| 9 | (Source: P.A. 90-590, eff. 1-1-99; revised 10-16-15.)
| ||||||
| 10 | Section 535. The Criminal Code of 2012 is amended by | ||||||
| 11 | changing Sections 7-5.5, 10-2, 11-1.30, 11-21, 12-2, 12-4.4a, | ||||||
| 12 | 24-3, and 26-1 as follows:
| ||||||
| 13 | (720 ILCS 5/7-5.5) | ||||||
| 14 | Sec. 7-5.5. Prohibited use of force by a peace officer. | ||||||
| 15 | (a) A peace officer shall not use a chokehold in the | ||||||
| 16 | performance of his or her duties, unless deadly force is | ||||||
| 17 | justified under Article 7 of this Code. | ||||||
| 18 | (b) A peace officer shall not use a chokehold, or any | ||||||
| 19 | lesser contact with the throat or neck area of another, in | ||||||
| 20 | order to prevent the destruction of evidence by ingestion. | ||||||
| 21 | (c)
As used in this Section, "chokehold" means applying any | ||||||
| 22 | direct pressure to the throat, windpipe, or airway of another | ||||||
| 23 | with the intent to reduce or prevent the intake of air. | ||||||
| 24 | "Chokehold" does not include any holding involving contact with | ||||||
| |||||||
| |||||||
| 1 | the neck that is not intended to reduce the intake of air.
| ||||||
| 2 | (Source: P.A. 99-352, eff. 1-1-16; revised 10-16-15.)
| ||||||
| 3 | (720 ILCS 5/10-2) (from Ch. 38, par. 10-2)
| ||||||
| 4 | Sec. 10-2. Aggravated kidnaping.
| ||||||
| 5 | (a) A person commits the offense of
aggravated kidnaping | ||||||
| 6 | when he or she commits kidnapping and:
| ||||||
| 7 | (1) kidnaps with the intent to obtain ransom from the | ||||||
| 8 | person
kidnaped or from any other person;
| ||||||
| 9 | (2) takes as his or her victim a child under the age of | ||||||
| 10 | 13 years, or a person with a severe or profound | ||||||
| 11 | intellectual disability;
| ||||||
| 12 | (3) inflicts great bodily harm, other than by the | ||||||
| 13 | discharge of a
firearm, or commits another felony upon his | ||||||
| 14 | or her
victim;
| ||||||
| 15 | (4) wears a hood, robe, or mask or conceals his or her | ||||||
| 16 | identity;
| ||||||
| 17 | (5) commits the offense of kidnaping while armed with a | ||||||
| 18 | dangerous
weapon, other than a firearm, as defined in | ||||||
| 19 | Section 33A-1 of this
Code;
| ||||||
| 20 | (6) commits the offense of kidnaping while armed with a | ||||||
| 21 | firearm;
| ||||||
| 22 | (7) during the commission of the offense of kidnaping, | ||||||
| 23 | personally
discharges a firearm; or
| ||||||
| 24 | (8) during the commission of the offense of kidnaping, | ||||||
| 25 | personally discharges
a firearm that proximately causes | ||||||
| |||||||
| |||||||
| 1 | great bodily harm, permanent
disability, permanent | ||||||
| 2 | disfigurement, or death to another person.
| ||||||
| 3 | As used in this Section, "ransom" includes money, benefit, | ||||||
| 4 | or other
valuable thing or concession.
| ||||||
| 5 | (b) Sentence. Aggravated kidnaping
in violation of | ||||||
| 6 | paragraph (1), (2), (3), (4), or (5) of subsection (a)
is a | ||||||
| 7 | Class X felony.
A violation of subsection (a)(6) is a Class X | ||||||
| 8 | felony for which 15 years
shall be added to the term of | ||||||
| 9 | imprisonment imposed by the court. A violation of
subsection | ||||||
| 10 | (a)(7) is a Class X felony for which 20 years shall be added to | ||||||
| 11 | the
term of imprisonment imposed by the court. A violation of | ||||||
| 12 | subsection (a)(8) is
a Class X felony for which 25 years or up | ||||||
| 13 | to a term of natural life shall be
added to the term of | ||||||
| 14 | imprisonment imposed by the court. An offender under the age of | ||||||
| 15 | 18 years at the time of the commission of aggravated kidnaping | ||||||
| 16 | in violation of paragraphs (1) through (8) of subsection (a) | ||||||
| 17 | shall be sentenced under Section 5-4.5-105 of the Unified Code | ||||||
| 18 | of Corrections.
| ||||||
| 19 | A person who has attained the age of 18 years at the time | ||||||
| 20 | of the commission of the offense and who is convicted of a | ||||||
| 21 | second or subsequent offense of
aggravated kidnaping shall be | ||||||
| 22 | sentenced to a term of natural life imprisonment; except
that a | ||||||
| 23 | sentence of natural life imprisonment shall not be
imposed | ||||||
| 24 | under this Section unless the second or subsequent offense was
| ||||||
| 25 | committed after conviction on the first offense. An offender | ||||||
| 26 | under the age of 18 years at the time of the commission of the | ||||||
| |||||||
| |||||||
| 1 | second or subsequent offense shall be sentenced under Section | ||||||
| 2 | 5-4.5-105 of the Unified Code of Corrections.
| ||||||
| 3 | (Source: P.A. 99-69, eff. 1-1-16; 99-143, eff. 7-27-15; revised | ||||||
| 4 | 10-16-16.)
| ||||||
| 5 | (720 ILCS 5/11-1.30) (was 720 ILCS 5/12-14)
| ||||||
| 6 | Sec. 11-1.30. Aggravated Criminal Sexual Assault.
| ||||||
| 7 | (a) A person commits aggravated criminal sexual assault if | ||||||
| 8 | that person commits criminal sexual assault and any of the | ||||||
| 9 | following aggravating circumstances exist during the | ||||||
| 10 | commission of the offense or, for purposes of paragraph (7), | ||||||
| 11 | occur as part of the same course of conduct as the commission | ||||||
| 12 | of the offense: | ||||||
| 13 | (1) the person displays, threatens to use, or uses a | ||||||
| 14 | dangerous weapon, other than a firearm, or any other object | ||||||
| 15 | fashioned or used in a manner that leads the victim, under | ||||||
| 16 | the circumstances, reasonably to believe that the object is | ||||||
| 17 | a dangerous weapon; | ||||||
| 18 | (2) the person causes bodily harm to the victim, except | ||||||
| 19 | as provided in paragraph (10); | ||||||
| 20 | (3) the person acts in a manner that threatens or | ||||||
| 21 | endangers the life of the victim or any other person; | ||||||
| 22 | (4) the person commits the criminal sexual assault | ||||||
| 23 | during the course of committing or attempting to commit any | ||||||
| 24 | other felony; | ||||||
| 25 | (5) the victim is 60 years of age or older; | ||||||
| |||||||
| |||||||
| 1 | (6) the victim is a person with a physical disability; | ||||||
| 2 | (7) the person delivers (by injection, inhalation, | ||||||
| 3 | ingestion, transfer of possession, or any other means) any | ||||||
| 4 | controlled substance to the victim without the victim's | ||||||
| 5 | consent or by threat or deception for other than medical | ||||||
| 6 | purposes; | ||||||
| 7 | (8) the person is armed with a firearm; | ||||||
| 8 | (9) the person personally discharges a firearm during | ||||||
| 9 | the commission of the offense; or | ||||||
| 10 | (10) the person personally discharges a firearm during | ||||||
| 11 | the commission of the offense, and that discharge | ||||||
| 12 | proximately causes great bodily harm, permanent | ||||||
| 13 | disability, permanent disfigurement, or death to another | ||||||
| 14 | person.
| ||||||
| 15 | (b) A person commits aggravated criminal sexual assault if
| ||||||
| 16 | that person is under 17 years of age and: (i) commits an act of
| ||||||
| 17 | sexual penetration with a victim who is under 9 years of age; | ||||||
| 18 | or (ii) commits an act of sexual penetration with a victim
who | ||||||
| 19 | is at least 9 years of age but under 13 years of age and the | ||||||
| 20 | person uses force or threat of force to commit the act.
| ||||||
| 21 | (c) A person commits aggravated criminal sexual assault if | ||||||
| 22 | that person commits an act of sexual penetration with a victim | ||||||
| 23 | who is a person with a severe or profound intellectual | ||||||
| 24 | disability.
| ||||||
| 25 | (d) Sentence.
| ||||||
| 26 | (1) Aggravated criminal sexual assault in violation of | ||||||
| |||||||
| |||||||
| 1 | paragraph
(2), (3), (4), (5), (6), or (7) of subsection (a) | ||||||
| 2 | or in violation of
subsection (b) or
(c) is a Class X | ||||||
| 3 | felony.
A violation of subsection (a)(1) is a Class X | ||||||
| 4 | felony for which 10 years shall
be added to the term of | ||||||
| 5 | imprisonment imposed by the court. A violation of
| ||||||
| 6 | subsection (a)(8) is a Class X felony for which 15 years | ||||||
| 7 | shall be added to the
term of imprisonment imposed by the | ||||||
| 8 | court. A violation of
subsection (a)(9) is a Class X felony | ||||||
| 9 | for which 20 years shall be added to the
term of | ||||||
| 10 | imprisonment imposed by the court. A violation of | ||||||
| 11 | subsection (a)(10) is
a Class X felony for which 25 years | ||||||
| 12 | or up to a term of natural life
imprisonment shall be added | ||||||
| 13 | to
the term of imprisonment imposed by the court. An | ||||||
| 14 | offender under the age of 18 years at the time of the | ||||||
| 15 | commission of aggravated criminal sexual assault in | ||||||
| 16 | violation of paragraphs (1) through (10) of subsection (a) | ||||||
| 17 | shall be sentenced under Section 5-4.5-105 of the Unified | ||||||
| 18 | Code of Corrections.
| ||||||
| 19 | (2) A person who has attained the age of 18 years at | ||||||
| 20 | the time of the commission of the offense and who is | ||||||
| 21 | convicted of a second or subsequent offense of
aggravated | ||||||
| 22 | criminal sexual assault, or who is convicted of the offense | ||||||
| 23 | of
aggravated
criminal sexual assault after having | ||||||
| 24 | previously been convicted of the offense
of criminal sexual | ||||||
| 25 | assault or the offense of predatory criminal sexual assault
| ||||||
| 26 | of a child, or who is convicted of the offense of | ||||||
| |||||||
| |||||||
| 1 | aggravated criminal sexual
assault after having previously | ||||||
| 2 | been convicted under the laws of this or any
other state of | ||||||
| 3 | an offense that is substantially equivalent to the offense | ||||||
| 4 | of
criminal sexual
assault, the offense of aggravated | ||||||
| 5 | criminal sexual assault or the offense of
predatory | ||||||
| 6 | criminal sexual assault of a child, shall be sentenced to a | ||||||
| 7 | term of
natural life imprisonment.
The commission of the | ||||||
| 8 | second or subsequent offense is required to have been
after | ||||||
| 9 | the initial conviction for this paragraph (2) to apply. An | ||||||
| 10 | offender under the age of 18 years at the time of the | ||||||
| 11 | commission of the offense covered by this paragraph (2) | ||||||
| 12 | shall be sentenced under Section 5-4.5-105 of the Unified | ||||||
| 13 | Code of Corrections.
| ||||||
| 14 | (Source: P.A. 99-69, eff. 1-1-16; 99-143, eff. 7-27-15; revised | ||||||
| 15 | 10-16-15.)
| ||||||
| 16 | (720 ILCS 5/11-21) (from Ch. 38, par. 11-21)
| ||||||
| 17 | Sec. 11-21. Harmful material.
| ||||||
| 18 | (a) As used in this Section:
| ||||||
| 19 | "Distribute" means to transfer possession of, whether | ||||||
| 20 | with or without consideration.
| ||||||
| 21 | "Harmful to minors" means that quality of any | ||||||
| 22 | description or representation, in whatever form, of | ||||||
| 23 | nudity, sexual conduct, sexual excitement, or | ||||||
| 24 | sado-masochistic abuse, when, taken as a whole, it (i) | ||||||
| 25 | predominately appeals to the prurient interest in sex of | ||||||
| |||||||
| |||||||
| 1 | minors, (ii) is patently offensive to prevailing standards | ||||||
| 2 | in the adult community in the State as a whole with respect | ||||||
| 3 | to what is suitable material for minors, and (iii) lacks | ||||||
| 4 | serious literary, artistic, political, or scientific value | ||||||
| 5 | for minors.
| ||||||
| 6 | "Knowingly" means having knowledge of the contents of | ||||||
| 7 | the subject matter, or recklessly failing to exercise | ||||||
| 8 | reasonable inspection which would have disclosed the | ||||||
| 9 | contents.
| ||||||
| 10 | "Material" means (i) any picture, photograph, drawing, | ||||||
| 11 | sculpture, film, video game, computer game, video or | ||||||
| 12 | similar visual depiction, including any such | ||||||
| 13 | representation or image which is stored electronically, or | ||||||
| 14 | (ii) any book, magazine, printed matter however | ||||||
| 15 | reproduced, or recorded audio of any sort.
| ||||||
| 16 | "Minor" means any person under the age of 18.
| ||||||
| 17 | "Nudity" means the showing of the human male or female | ||||||
| 18 | genitals, pubic area or buttocks with less than a fully | ||||||
| 19 | opaque covering, or the showing of the female breast with | ||||||
| 20 | less than a fully opaque covering of any portion below the | ||||||
| 21 | top of the nipple, or the depiction of covered male | ||||||
| 22 | genitals in a discernibly discernably turgid state.
| ||||||
| 23 | "Sado-masochistic abuse" means flagellation or torture | ||||||
| 24 | by or upon a person clad in undergarments, a mask or | ||||||
| 25 | bizarre costume, or the condition of being fettered, bound | ||||||
| 26 | or otherwise physically restrained on the part of one | ||||||
| |||||||
| |||||||
| 1 | clothed for sexual gratification or stimulation.
| ||||||
| 2 | "Sexual conduct" means acts of masturbation, sexual | ||||||
| 3 | intercourse, or physical contact with a person's clothed or | ||||||
| 4 | unclothed genitals, pubic area, buttocks or, if such person | ||||||
| 5 | be a female, breast.
| ||||||
| 6 | "Sexual excitement" means the condition of human male | ||||||
| 7 | or female genitals when in a state of sexual stimulation or | ||||||
| 8 | arousal.
| ||||||
| 9 | (b) A person is guilty of distributing harmful material to | ||||||
| 10 | a minor when he or she:
| ||||||
| 11 | (1) knowingly sells, lends, distributes, exhibits to, | ||||||
| 12 | depicts to, or gives away to a minor, knowing that the | ||||||
| 13 | minor is under the age of 18 or failing to exercise | ||||||
| 14 | reasonable care in ascertaining the person's true age:
| ||||||
| 15 | (A) any material which depicts nudity, sexual | ||||||
| 16 | conduct or sado-masochistic abuse, or which contains | ||||||
| 17 | explicit and detailed verbal descriptions or narrative | ||||||
| 18 | accounts of sexual excitement, sexual conduct or | ||||||
| 19 | sado-masochistic abuse, and which taken as a whole is | ||||||
| 20 | harmful to minors;
| ||||||
| 21 | (B) a motion picture, show, or other presentation | ||||||
| 22 | which depicts nudity, sexual conduct or | ||||||
| 23 | sado-masochistic abuse and is harmful to minors; or
| ||||||
| 24 | (C) an admission ticket or pass to premises where | ||||||
| 25 | there is exhibited or to be exhibited such a motion | ||||||
| 26 | picture, show, or other presentation; or
| ||||||
| |||||||
| |||||||
| 1 | (2) admits a minor to premises where there is exhibited | ||||||
| 2 | or to be exhibited such a motion picture, show, or other | ||||||
| 3 | presentation, knowing that the minor is a person under the | ||||||
| 4 | age of 18 or failing to exercise reasonable care in | ||||||
| 5 | ascertaining the person's true age.
| ||||||
| 6 | (c) In any prosecution arising under this Section, it is an | ||||||
| 7 | affirmative defense:
| ||||||
| 8 | (1) that the minor as to whom the offense is alleged to | ||||||
| 9 | have been committed exhibited to the accused a draft card, | ||||||
| 10 | driver's license, birth certificate or other official or | ||||||
| 11 | apparently official document purporting to establish that | ||||||
| 12 | the minor was 18 years of age or older, which was relied | ||||||
| 13 | upon by the accused;
| ||||||
| 14 | (2) that the defendant was in a parental or | ||||||
| 15 | guardianship relationship with the minor or that the minor | ||||||
| 16 | was accompanied by a parent or legal guardian;
| ||||||
| 17 | (3) that the defendant was a bona fide school, museum, | ||||||
| 18 | or public library, or was a person acting in the course of | ||||||
| 19 | his or her employment as an employee or official of such | ||||||
| 20 | organization or retail outlet affiliated with and serving | ||||||
| 21 | the educational purpose of such organization;
| ||||||
| 22 | (4) that the act charged was committed in aid of | ||||||
| 23 | legitimate scientific or educational purposes; or
| ||||||
| 24 | (5) that an advertisement of harmful material as | ||||||
| 25 | defined in this Section culminated in the sale or | ||||||
| 26 | distribution of such harmful material to a child under | ||||||
| |||||||
| |||||||
| 1 | circumstances where there was no personal confrontation of | ||||||
| 2 | the child by the defendant, his or her employees, or | ||||||
| 3 | agents, as where the order or request for such harmful | ||||||
| 4 | material was transmitted by mail, telephone, Internet or | ||||||
| 5 | similar means of communication, and delivery of such | ||||||
| 6 | harmful material to the child was by mail, freight, | ||||||
| 7 | Internet or similar means of transport, which | ||||||
| 8 | advertisement contained the following statement, or a | ||||||
| 9 | substantially similar statement, and that the defendant | ||||||
| 10 | required the purchaser to certify that he or she was not | ||||||
| 11 | under the age of 18 and that the purchaser falsely stated | ||||||
| 12 | that he or she was not under the age of 18: "NOTICE: It is | ||||||
| 13 | unlawful for any person under the age of 18 to purchase the | ||||||
| 14 | matter advertised. Any person under the age of 18 that | ||||||
| 15 | falsely states that he or she is not under the age of 18 | ||||||
| 16 | for the purpose of obtaining the material advertised is | ||||||
| 17 | guilty of a Class B misdemeanor under the laws of the | ||||||
| 18 | State."
| ||||||
| 19 | (d) The predominant appeal to prurient interest of the | ||||||
| 20 | material shall be judged with reference to average children of | ||||||
| 21 | the same general age of the child to whom such material was | ||||||
| 22 | sold, lent, distributed or given, unless it appears from the | ||||||
| 23 | nature of the matter or the circumstances of its dissemination | ||||||
| 24 | or distribution that it is designed for specially susceptible | ||||||
| 25 | groups, in which case the predominant appeal of the material | ||||||
| 26 | shall be judged with reference to its intended or probable | ||||||
| |||||||
| |||||||
| 1 | recipient group.
| ||||||
| 2 | (e) Distribution of harmful material in violation of this | ||||||
| 3 | Section is a Class A misdemeanor. A second or subsequent | ||||||
| 4 | offense is a Class 4 felony.
| ||||||
| 5 | (f) Any person under the age of 18 who falsely states, | ||||||
| 6 | either orally or in writing, that he or she is not under the | ||||||
| 7 | age of 18, or who presents or offers to any person any evidence | ||||||
| 8 | of age and identity that is false or not actually his or her | ||||||
| 9 | own with the intent of ordering, obtaining, viewing, or | ||||||
| 10 | otherwise procuring or attempting to procure or view any | ||||||
| 11 | harmful material is guilty of a Class B misdemeanor.
| ||||||
| 12 | (g) A person over the age of 18 who fails to exercise | ||||||
| 13 | reasonable care in ascertaining the true age of a minor, | ||||||
| 14 | knowingly distributes to, or sends, or causes to be sent, or | ||||||
| 15 | exhibits to, or offers to distribute, or exhibits any harmful | ||||||
| 16 | material to a person that he or she believes is a minor is | ||||||
| 17 | guilty of a Class A misdemeanor. If that person utilized a | ||||||
| 18 | computer web camera, cellular telephone, or any other type of | ||||||
| 19 | device to manufacture the harmful material, then each offense | ||||||
| 20 | is a Class 4 felony. | ||||||
| 21 | (h) Telecommunications carriers, commercial mobile service | ||||||
| 22 | providers, and providers of information services, including, | ||||||
| 23 | but not limited to, Internet service providers and hosting | ||||||
| 24 | service providers, are not liable under this Section, except | ||||||
| 25 | for willful and wanton misconduct, by virtue of the | ||||||
| 26 | transmission, storage, or caching of electronic communications | ||||||
| |||||||
| |||||||
| 1 | or messages of others or by virtue of the provision of other | ||||||
| 2 | related telecommunications, commercial mobile services, or | ||||||
| 3 | information services used by others in violation of this | ||||||
| 4 | Section. | ||||||
| 5 | (Source: P.A. 95-983, eff. 6-1-09; 96-280, eff. 1-1-10; | ||||||
| 6 | 96-1551, eff. 7-1-11; revised 10-16-15.)
| ||||||
| 7 | (720 ILCS 5/12-2) (from Ch. 38, par. 12-2)
| ||||||
| 8 | Sec. 12-2. Aggravated assault.
| ||||||
| 9 | (a) Offense based on location of conduct. A person commits | ||||||
| 10 | aggravated assault when he or she commits an assault against an | ||||||
| 11 | individual who is on or about a public way, public property, a | ||||||
| 12 | public place of accommodation or amusement, or a sports venue. | ||||||
| 13 | (b) Offense based on status of victim. A person commits | ||||||
| 14 | aggravated assault when, in committing an assault, he or she | ||||||
| 15 | knows the individual assaulted to be any of the following: | ||||||
| 16 | (1) A person with a physical disability or a person 60 | ||||||
| 17 | years of age or older and the assault is without legal | ||||||
| 18 | justification. | ||||||
| 19 | (2) A teacher or school employee upon school grounds or | ||||||
| 20 | grounds adjacent to a school or in any part of a building | ||||||
| 21 | used for school purposes. | ||||||
| 22 | (3) A park district employee upon park grounds or | ||||||
| 23 | grounds adjacent to a park or in any part of a building | ||||||
| 24 | used for park purposes. | ||||||
| 25 | (4) A community policing volunteer, private security | ||||||
| |||||||
| |||||||
| 1 | officer, or utility worker: | ||||||
| 2 | (i) performing his or her official duties; | ||||||
| 3 | (ii) assaulted to prevent performance of his or her | ||||||
| 4 | official duties; or | ||||||
| 5 | (iii) assaulted in retaliation for performing his | ||||||
| 6 | or her official duties. | ||||||
| 7 | (4.1) A peace officer, fireman, emergency management | ||||||
| 8 | worker, or emergency medical technician: | ||||||
| 9 | (i) performing his or her official duties; | ||||||
| 10 | (ii) assaulted to prevent performance of his or her | ||||||
| 11 | official duties; or | ||||||
| 12 | (iii) assaulted in retaliation for performing his | ||||||
| 13 | or her official duties. | ||||||
| 14 | (5) A correctional officer or probation officer: | ||||||
| 15 | (i) performing his or her official duties; | ||||||
| 16 | (ii) assaulted to prevent performance of his or her | ||||||
| 17 | official duties; or | ||||||
| 18 | (iii) assaulted in retaliation for performing his | ||||||
| 19 | or her official duties. | ||||||
| 20 | (6) A correctional institution employee, a county | ||||||
| 21 | juvenile detention center employee who provides direct and | ||||||
| 22 | continuous supervision of residents of a juvenile | ||||||
| 23 | detention center, including a county juvenile detention | ||||||
| 24 | center employee who supervises recreational activity for | ||||||
| 25 | residents of a juvenile detention center, or a Department | ||||||
| 26 | of Human Services employee, Department of Human Services | ||||||
| |||||||
| |||||||
| 1 | officer, or employee of a subcontractor of the Department | ||||||
| 2 | of Human Services supervising or controlling sexually | ||||||
| 3 | dangerous persons or sexually violent persons: | ||||||
| 4 | (i) performing his or her official duties; | ||||||
| 5 | (ii) assaulted to prevent performance of his or her | ||||||
| 6 | official duties; or | ||||||
| 7 | (iii) assaulted in retaliation for performing his | ||||||
| 8 | or her official duties. | ||||||
| 9 | (7) An employee of the State of Illinois, a municipal | ||||||
| 10 | corporation therein, or a political subdivision thereof, | ||||||
| 11 | performing his or her official duties. | ||||||
| 12 | (8) A transit employee performing his or her official | ||||||
| 13 | duties, or a transit passenger. | ||||||
| 14 | (9) A sports official or coach actively participating | ||||||
| 15 | in any level of athletic competition within a sports venue, | ||||||
| 16 | on an indoor playing field or outdoor playing field, or | ||||||
| 17 | within the immediate vicinity of such a facility or field. | ||||||
| 18 | (10) A person authorized to serve process under Section | ||||||
| 19 | 2-202 of the Code of Civil Procedure or a special process | ||||||
| 20 | server appointed by the circuit court, while that | ||||||
| 21 | individual is in the performance of his or her duties as a | ||||||
| 22 | process server. | ||||||
| 23 | (c) Offense based on use of firearm, device, or motor | ||||||
| 24 | vehicle. A person commits aggravated assault when, in | ||||||
| 25 | committing an assault, he or she does any of the following: | ||||||
| 26 | (1) Uses a deadly weapon, an air rifle as defined in | ||||||
| |||||||
| |||||||
| 1 | Section 24.8-0.1 of this Act, or any device manufactured | ||||||
| 2 | and designed to be substantially similar in appearance to a | ||||||
| 3 | firearm, other than by discharging a firearm. | ||||||
| 4 | (2) Discharges a firearm, other than from a motor | ||||||
| 5 | vehicle. | ||||||
| 6 | (3) Discharges a firearm from a motor vehicle. | ||||||
| 7 | (4) Wears a hood, robe, or mask to conceal his or her | ||||||
| 8 | identity. | ||||||
| 9 | (5) Knowingly and without lawful justification shines | ||||||
| 10 | or flashes a laser gun sight or other laser device attached | ||||||
| 11 | to a firearm, or used in concert with a firearm, so that | ||||||
| 12 | the laser beam strikes near or in the immediate vicinity of | ||||||
| 13 | any person. | ||||||
| 14 | (6) Uses a firearm, other than by discharging the | ||||||
| 15 | firearm, against a peace officer, community policing | ||||||
| 16 | volunteer, fireman, private security officer, emergency | ||||||
| 17 | management worker, emergency medical technician, employee | ||||||
| 18 | of a police department, employee of a sheriff's department, | ||||||
| 19 | or traffic control municipal employee: | ||||||
| 20 | (i) performing his or her official duties; | ||||||
| 21 | (ii) assaulted to prevent performance of his or her | ||||||
| 22 | official duties; or | ||||||
| 23 | (iii) assaulted in retaliation for performing his | ||||||
| 24 | or her official duties. | ||||||
| 25 | (7) Without justification operates a motor vehicle in a | ||||||
| 26 | manner which places a person, other than a person listed in | ||||||
| |||||||
| |||||||
| 1 | subdivision (b)(4), in reasonable apprehension of being | ||||||
| 2 | struck by the moving motor vehicle. | ||||||
| 3 | (8) Without justification operates a motor vehicle in a | ||||||
| 4 | manner which places a person listed in subdivision (b)(4), | ||||||
| 5 | in reasonable apprehension of being struck by the moving | ||||||
| 6 | motor vehicle. | ||||||
| 7 | (9) Knowingly video or audio records the offense with | ||||||
| 8 | the intent to disseminate the recording. | ||||||
| 9 | (d) Sentence. Aggravated assault as defined in subdivision | ||||||
| 10 | (a), (b)(1), (b)(2), (b)(3), (b)(4), (b)(7), (b)(8), (b)(9), | ||||||
| 11 | (c)(1), (c)(4), or (c)(9) is a Class A misdemeanor, except that | ||||||
| 12 | aggravated assault as defined in subdivision (b)(4) and (b)(7) | ||||||
| 13 | is a Class 4 felony if a Category I, Category II, or Category | ||||||
| 14 | III weapon is used in the commission of the assault. Aggravated | ||||||
| 15 | assault as defined in subdivision (b)(4.1), (b)(5), (b)(6), | ||||||
| 16 | (b)(10), (c)(2), (c)(5), (c)(6), or (c)(7) is a Class 4 felony. | ||||||
| 17 | Aggravated assault as defined in subdivision (c)(3) or (c)(8) | ||||||
| 18 | is a Class 3 felony. | ||||||
| 19 | (e) For the purposes of this Section, "Category I weapon", | ||||||
| 20 | "Category II weapon, and "Category III weapon" have the | ||||||
| 21 | meanings ascribed to those terms in Section 33A-1 of this Code.
| ||||||
| 22 | (Source: P.A. 98-385, eff. 1-1-14; 99-78, eff. 7-20-15; 99-143, | ||||||
| 23 | eff. 7-27-15; 99-256, eff. 1-1-16; revised 10-19-15.)
| ||||||
| 24 | (720 ILCS 5/12-4.4a)
| ||||||
| 25 | Sec. 12-4.4a. Abuse or criminal neglect of a long term care | ||||||
| |||||||
| |||||||
| 1 | facility resident; criminal abuse or neglect of an elderly | ||||||
| 2 | person or person with a disability. | ||||||
| 3 | (a) Abuse or criminal neglect of a long term care facility | ||||||
| 4 | resident. | ||||||
| 5 | (1) A person or an owner or licensee commits abuse of a | ||||||
| 6 | long term care facility resident when he or she knowingly | ||||||
| 7 | causes any physical or mental injury to, or commits any | ||||||
| 8 | sexual offense in this Code against, a resident. | ||||||
| 9 | (2) A person or an owner or licensee commits criminal | ||||||
| 10 | neglect of a long term care facility resident when he or | ||||||
| 11 | she recklessly: | ||||||
| 12 | (A) performs acts that cause a resident's life to | ||||||
| 13 | be endangered, health to be injured, or pre-existing | ||||||
| 14 | physical or mental condition to deteriorate, or that | ||||||
| 15 | create the substantial likelihood
that an elderly | ||||||
| 16 | person's or person with a disability's life
will be | ||||||
| 17 | endangered, health will be injured, or pre-existing
| ||||||
| 18 | physical or mental condition will deteriorate; | ||||||
| 19 | (B) fails to perform acts that he or she knows or | ||||||
| 20 | reasonably should know are necessary to maintain or | ||||||
| 21 | preserve the life or health of a resident, and that | ||||||
| 22 | failure causes the resident's life to be endangered, | ||||||
| 23 | health to be injured, or pre-existing physical or | ||||||
| 24 | mental condition to deteriorate, or that create the | ||||||
| 25 | substantial likelihood
that an elderly person's or | ||||||
| 26 | person with a disability's life
will be endangered, | ||||||
| |||||||
| |||||||
| 1 | health will be injured, or pre-existing
physical or | ||||||
| 2 | mental condition will deteriorate; or | ||||||
| 3 | (C) abandons a resident. | ||||||
| 4 | (3) A person or an owner or licensee commits neglect of | ||||||
| 5 | a long term care facility resident when he or she | ||||||
| 6 | negligently fails to provide adequate medical care, | ||||||
| 7 | personal care, or maintenance to the resident which results | ||||||
| 8 | in physical or mental injury or deterioration of the | ||||||
| 9 | resident's physical or mental condition. An owner or | ||||||
| 10 | licensee is guilty under this subdivision (a)(3), however, | ||||||
| 11 | only if the owner or licensee failed to exercise reasonable | ||||||
| 12 | care in the hiring, training, supervising, or providing of | ||||||
| 13 | staff or other related routine administrative | ||||||
| 14 | responsibilities. | ||||||
| 15 | (b) Criminal abuse or neglect of an elderly person or | ||||||
| 16 | person with a disability. | ||||||
| 17 | (1) A caregiver commits criminal abuse or neglect of an | ||||||
| 18 | elderly person or person with a disability when he or she | ||||||
| 19 | knowingly does any of the following: | ||||||
| 20 | (A) performs acts that cause the person's life to | ||||||
| 21 | be endangered, health to be injured, or pre-existing | ||||||
| 22 | physical or mental condition to deteriorate; | ||||||
| 23 | (B) fails to perform acts that he or she knows or | ||||||
| 24 | reasonably should know are necessary to maintain or | ||||||
| 25 | preserve the life or health of the person, and that | ||||||
| 26 | failure causes the person's life to be endangered, | ||||||
| |||||||
| |||||||
| 1 | health to be injured, or pre-existing physical or | ||||||
| 2 | mental condition to deteriorate; | ||||||
| 3 | (C) abandons the person; | ||||||
| 4 | (D) physically abuses, harasses, intimidates, or | ||||||
| 5 | interferes with the personal liberty of the person; or | ||||||
| 6 | (E) exposes the person to willful deprivation. | ||||||
| 7 | (2) It is not a defense to criminal abuse or neglect of | ||||||
| 8 | an elderly person or person with a disability that the | ||||||
| 9 | caregiver reasonably believed that the victim was not an | ||||||
| 10 | elderly person or person with a disability. | ||||||
| 11 | (c) Offense not applicable. | ||||||
| 12 | (1) Nothing in this Section applies to a physician | ||||||
| 13 | licensed to practice medicine in all its branches or a duly | ||||||
| 14 | licensed nurse providing care within the scope of his or | ||||||
| 15 | her professional judgment and within the accepted | ||||||
| 16 | standards of care within the community. | ||||||
| 17 | (2) Nothing in this Section imposes criminal liability | ||||||
| 18 | on a caregiver who made a good faith effort to provide for | ||||||
| 19 | the health and personal care of an elderly person or person | ||||||
| 20 | with a disability, but through no fault of his or her own | ||||||
| 21 | was unable to provide such care. | ||||||
| 22 | (3) Nothing in this Section applies to the medical | ||||||
| 23 | supervision, regulation, or control of the remedial care or | ||||||
| 24 | treatment of residents in a long term care facility | ||||||
| 25 | conducted for those who rely upon treatment by prayer or | ||||||
| 26 | spiritual means in accordance with the creed or tenets of | ||||||
| |||||||
| |||||||
| 1 | any well-recognized church or religious denomination as | ||||||
| 2 | described in Section 3-803 of the Nursing Home Care Act, | ||||||
| 3 | Section 1-102 of the Specialized Mental Health | ||||||
| 4 | Rehabilitation Act of 2013, Section 3-803 of the ID/DD | ||||||
| 5 | Community Care Act, or Section 3-803 of the MC/DD Act. | ||||||
| 6 | (4) Nothing in this Section prohibits a caregiver from | ||||||
| 7 | providing treatment to an elderly person or person with a | ||||||
| 8 | disability by spiritual means through prayer alone and care | ||||||
| 9 | consistent therewith in lieu of medical care and treatment | ||||||
| 10 | in accordance with the tenets and practices of any church | ||||||
| 11 | or religious denomination of which the elderly person or | ||||||
| 12 | person with a disability is a member. | ||||||
| 13 | (5) Nothing in this Section limits the remedies | ||||||
| 14 | available to the victim under the Illinois Domestic | ||||||
| 15 | Violence Act of 1986. | ||||||
| 16 | (d) Sentence. | ||||||
| 17 | (1) Long term care facility. Abuse of a long term care | ||||||
| 18 | facility resident is a Class 3 felony. Criminal neglect of | ||||||
| 19 | a long term care facility resident is a Class 4 felony, | ||||||
| 20 | unless it results in the resident's death in which case it | ||||||
| 21 | is a Class 3 felony. Neglect of a long term care facility | ||||||
| 22 | resident is a petty offense. | ||||||
| 23 | (2) Caregiver. Criminal abuse or neglect of an elderly | ||||||
| 24 | person or person with a disability is a Class 3 felony, | ||||||
| 25 | unless it results in the person's death in which case it is | ||||||
| 26 | a Class 2 felony, and if imprisonment is imposed it shall | ||||||
| |||||||
| |||||||
| 1 | be for a minimum term of 3 years and a maximum term of 14 | ||||||
| 2 | years. | ||||||
| 3 | (e) Definitions. For the purposes of this Section: | ||||||
| 4 | "Abandon" means to desert or knowingly forsake a resident | ||||||
| 5 | or an
elderly person or person with a disability under
| ||||||
| 6 | circumstances in which a reasonable person
would continue to | ||||||
| 7 | provide care and custody. | ||||||
| 8 | "Caregiver" means a person who has a duty to provide for an | ||||||
| 9 | elderly person or person with a
disability's health and | ||||||
| 10 | personal care, at the elderly person or person with a | ||||||
| 11 | disability's place of residence, including, but not limited to, | ||||||
| 12 | food and nutrition, shelter, hygiene, prescribed medication, | ||||||
| 13 | and medical care and treatment, and
includes any of the | ||||||
| 14 | following: | ||||||
| 15 | (1) A parent, spouse, adult child, or other relative by | ||||||
| 16 | blood or marriage
who resides with or resides in the same | ||||||
| 17 | building with or regularly
visits
the elderly person or | ||||||
| 18 | person with a disability, knows
or reasonably should know | ||||||
| 19 | of such person's physical or mental impairment,
and knows | ||||||
| 20 | or reasonably should know that such person is unable to
| ||||||
| 21 | adequately provide for his or her own health and personal | ||||||
| 22 | care. | ||||||
| 23 | (2) A person who is employed by the elderly person or
| ||||||
| 24 | person with a disability or by
another to reside with or | ||||||
| 25 | regularly visit the elderly person or person with a | ||||||
| 26 | disability
and provide for such person's health and | ||||||
| |||||||
| |||||||
| 1 | personal care. | ||||||
| 2 | (3) A person who has agreed for consideration to reside | ||||||
| 3 | with or
regularly visit the elderly person or person with a
| ||||||
| 4 | disability and provide for such
person's health and | ||||||
| 5 | personal care. | ||||||
| 6 | (4) A person who has been appointed by a private or | ||||||
| 7 | public agency or by
a court of competent jurisdiction to | ||||||
| 8 | provide for the elderly person or
person with a | ||||||
| 9 | disability's health and personal care. | ||||||
| 10 | "Caregiver" does not include a long-term care facility | ||||||
| 11 | licensed or
certified under the Nursing Home Care Act or a | ||||||
| 12 | facility licensed or certified under the ID/DD Community Care | ||||||
| 13 | Act, the MC/DD Act, or the Specialized Mental Health | ||||||
| 14 | Rehabilitation Act of 2013, or any administrative, medical, or
| ||||||
| 15 | other personnel of such a facility, or a health care provider | ||||||
| 16 | who is licensed
under the Medical Practice Act of 1987 and | ||||||
| 17 | renders care in the ordinary
course of his or her profession. | ||||||
| 18 | "Elderly person" means a person 60
years of age or older | ||||||
| 19 | who is incapable of
adequately providing for his or her own | ||||||
| 20 | health and personal care. | ||||||
| 21 | "Licensee" means the individual or entity licensed to | ||||||
| 22 | operate a
facility under the Nursing Home Care Act, the | ||||||
| 23 | Specialized Mental Health Rehabilitation Act of 2013, the ID/DD | ||||||
| 24 | Community Care Act, the MC/DD Act, or the Assisted Living and | ||||||
| 25 | Shared
Housing Act. | ||||||
| 26 | "Long term care facility" means a private home,
| ||||||
| |||||||
| |||||||
| 1 | institution, building, residence, or other place, whether | ||||||
| 2 | operated for
profit or not, or a county home for the infirm and | ||||||
| 3 | chronically ill operated
pursuant to Division 5-21 or 5-22 of | ||||||
| 4 | the Counties Code, or any similar
institution operated by
the | ||||||
| 5 | State of Illinois or a political subdivision thereof, which | ||||||
| 6 | provides,
through its ownership or management, personal care, | ||||||
| 7 | sheltered care, or
nursing for 3 or more persons not related to | ||||||
| 8 | the owner by blood or
marriage. The term also includes skilled | ||||||
| 9 | nursing facilities and
intermediate care facilities as defined | ||||||
| 10 | in Titles XVIII and XIX of the
federal Social Security Act and | ||||||
| 11 | assisted living establishments and shared
housing | ||||||
| 12 | establishments licensed under the Assisted Living and Shared | ||||||
| 13 | Housing
Act. | ||||||
| 14 | "Owner" means the owner of a long term care facility as
| ||||||
| 15 | provided in the Nursing Home Care Act, the owner of a facility | ||||||
| 16 | as provided under the Specialized Mental Health Rehabilitation | ||||||
| 17 | Act of 2013, the owner of a facility as provided in the ID/DD | ||||||
| 18 | Community Care Act, the owner of a facility as provided in the | ||||||
| 19 | MC/DD Act, or the owner of an assisted living or shared
housing | ||||||
| 20 | establishment as provided in the Assisted Living and Shared | ||||||
| 21 | Housing Act. | ||||||
| 22 | "Person with a disability" means a person who
suffers from | ||||||
| 23 | a permanent physical or mental impairment, resulting from
| ||||||
| 24 | disease, injury, functional disorder, or congenital condition, | ||||||
| 25 | which renders
the person incapable of adequately providing for | ||||||
| 26 | his or her own health and personal
care. | ||||||
| |||||||
| |||||||
| 1 | "Resident" means a person residing in a long term care | ||||||
| 2 | facility. | ||||||
| 3 | "Willful deprivation" has the meaning ascribed to it in | ||||||
| 4 | paragraph
(15) of Section 103 of the Illinois Domestic Violence | ||||||
| 5 | Act of 1986.
| ||||||
| 6 | (Source: P.A. 98-104, eff. 7-22-13; 99-180, eff. 7-29-15; | ||||||
| 7 | revised 10-16-15.)
| ||||||
| 8 | (720 ILCS 5/24-3) (from Ch. 38, par. 24-3)
| ||||||
| 9 | Sec. 24-3. Unlawful sale or delivery of firearms.
| ||||||
| 10 | (A) A person commits the offense of unlawful sale or | ||||||
| 11 | delivery of firearms when he
or she knowingly does any of the | ||||||
| 12 | following:
| ||||||
| 13 | (a) Sells or gives any firearm of a size which may be | ||||||
| 14 | concealed upon the
person to any person under 18 years of | ||||||
| 15 | age.
| ||||||
| 16 | (b) Sells or gives any firearm to a person under 21 | ||||||
| 17 | years of age who has
been convicted of a misdemeanor other | ||||||
| 18 | than a traffic offense or adjudged
delinquent.
| ||||||
| 19 | (c) Sells or gives any firearm to any narcotic addict.
| ||||||
| 20 | (d) Sells or gives any firearm to any person who has | ||||||
| 21 | been convicted of a
felony under the laws of this or any | ||||||
| 22 | other jurisdiction.
| ||||||
| 23 | (e) Sells or gives any firearm to any person who has | ||||||
| 24 | been a patient in a
mental institution within the past 5 | ||||||
| 25 | years. In this subsection (e): | ||||||
| |||||||
| |||||||
| 1 | "Mental institution" means any hospital, | ||||||
| 2 | institution, clinic, evaluation facility, mental | ||||||
| 3 | health center, or part thereof, which is used primarily | ||||||
| 4 | for the care or treatment of persons with mental | ||||||
| 5 | illness. | ||||||
| 6 | "Patient in a mental institution" means the person | ||||||
| 7 | was admitted, either voluntarily or involuntarily, to | ||||||
| 8 | a mental institution for mental health treatment, | ||||||
| 9 | unless the treatment was voluntary and solely for an | ||||||
| 10 | alcohol abuse disorder and no other secondary | ||||||
| 11 | substance abuse disorder or mental illness.
| ||||||
| 12 | (f) Sells or gives any firearms to any person who is a | ||||||
| 13 | person with an intellectual disability.
| ||||||
| 14 | (g) Delivers any firearm of a size which may be | ||||||
| 15 | concealed upon the
person, incidental to a sale, without | ||||||
| 16 | withholding delivery of such firearm
for at least 72 hours | ||||||
| 17 | after application for its purchase has been made, or
| ||||||
| 18 | delivers any rifle, shotgun or other long gun, or a stun | ||||||
| 19 | gun or taser, incidental to a sale,
without withholding | ||||||
| 20 | delivery of such rifle, shotgun or other long gun, or a | ||||||
| 21 | stun gun or taser for
at least 24 hours after application | ||||||
| 22 | for its purchase has been made.
However,
this paragraph (g) | ||||||
| 23 | does not apply to: (1) the sale of a firearm
to a law | ||||||
| 24 | enforcement officer if the seller of the firearm knows that | ||||||
| 25 | the person to whom he or she is selling the firearm is a | ||||||
| 26 | law enforcement officer or the sale of a firearm to a | ||||||
| |||||||
| |||||||
| 1 | person who desires to purchase a firearm for
use in | ||||||
| 2 | promoting the public interest incident to his or her | ||||||
| 3 | employment as a
bank guard, armed truck guard, or other | ||||||
| 4 | similar employment; (2) a mail
order sale of a firearm from | ||||||
| 5 | a federally licensed firearms dealer to a nonresident of | ||||||
| 6 | Illinois under which the firearm
is mailed to a federally | ||||||
| 7 | licensed firearms dealer outside the boundaries of | ||||||
| 8 | Illinois; (3) the sale
of a firearm to a nonresident of | ||||||
| 9 | Illinois while at a firearm showing or display
recognized | ||||||
| 10 | by the Illinois Department of State Police; (4) the sale of | ||||||
| 11 | a
firearm to a dealer licensed as a federal firearms dealer | ||||||
| 12 | under Section 923
of the federal Gun Control Act of 1968 | ||||||
| 13 | (18 U.S.C. 923); or (5) the transfer or sale of any rifle, | ||||||
| 14 | shotgun, or other long gun to a resident registered | ||||||
| 15 | competitor or attendee or non-resident registered | ||||||
| 16 | competitor or attendee by any dealer licensed as a federal | ||||||
| 17 | firearms dealer under Section 923 of the federal Gun | ||||||
| 18 | Control Act of 1968 at competitive shooting events held at | ||||||
| 19 | the World Shooting Complex sanctioned by a national | ||||||
| 20 | governing body. For purposes of transfers or sales under | ||||||
| 21 | subparagraph (5) of this paragraph (g), the Department of | ||||||
| 22 | Natural Resources shall give notice to the Department of | ||||||
| 23 | State Police at least 30 calendar days prior to any | ||||||
| 24 | competitive shooting events at the World Shooting Complex | ||||||
| 25 | sanctioned by a national governing body. The notification | ||||||
| 26 | shall be made on a form prescribed by the Department of | ||||||
| |||||||
| |||||||
| 1 | State Police. The sanctioning body shall provide a list of | ||||||
| 2 | all registered competitors and attendees at least 24 hours | ||||||
| 3 | before the events to the Department of State Police. Any | ||||||
| 4 | changes to the list of registered competitors and attendees | ||||||
| 5 | shall be forwarded to the Department of State Police as | ||||||
| 6 | soon as practicable. The Department of State Police must | ||||||
| 7 | destroy the list of registered competitors and attendees no | ||||||
| 8 | later than 30 days after the date of the event. Nothing in | ||||||
| 9 | this paragraph (g) relieves a federally licensed firearm | ||||||
| 10 | dealer from the requirements of conducting a NICS | ||||||
| 11 | background check through the Illinois Point of Contact | ||||||
| 12 | under 18 U.S.C. 922(t). For purposes of this paragraph (g), | ||||||
| 13 | "application" means when the buyer and seller reach an | ||||||
| 14 | agreement to purchase a firearm.
For purposes of this | ||||||
| 15 | paragraph (g), "national governing body" means a group of | ||||||
| 16 | persons who adopt rules and formulate policy on behalf of a | ||||||
| 17 | national firearm sporting organization.
| ||||||
| 18 | (h) While holding any license
as a dealer,
importer, | ||||||
| 19 | manufacturer or pawnbroker
under the federal Gun Control | ||||||
| 20 | Act of 1968,
manufactures, sells or delivers to any | ||||||
| 21 | unlicensed person a handgun having
a barrel, slide, frame | ||||||
| 22 | or receiver which is a die casting of zinc alloy or
any | ||||||
| 23 | other nonhomogeneous metal which will melt or deform at a | ||||||
| 24 | temperature
of less than 800 degrees Fahrenheit. For | ||||||
| 25 | purposes of this paragraph, (1)
"firearm" is defined as in | ||||||
| 26 | the Firearm Owners Identification Card Act; and (2)
| ||||||
| |||||||
| |||||||
| 1 | "handgun" is defined as a firearm designed to be held
and | ||||||
| 2 | fired by the use of a single hand, and includes a | ||||||
| 3 | combination of parts from
which such a firearm can be | ||||||
| 4 | assembled.
| ||||||
| 5 | (i) Sells or gives a firearm of any size to any person | ||||||
| 6 | under 18 years of
age who does not possess a valid Firearm | ||||||
| 7 | Owner's Identification Card.
| ||||||
| 8 | (j) Sells or gives a firearm while engaged in the | ||||||
| 9 | business of selling
firearms at wholesale or retail without | ||||||
| 10 | being licensed as a federal firearms
dealer under Section | ||||||
| 11 | 923 of the federal Gun Control Act of 1968 (18 U.S.C.
923). | ||||||
| 12 | In this paragraph (j):
| ||||||
| 13 | A person "engaged in the business" means a person who | ||||||
| 14 | devotes time,
attention, and
labor to
engaging in the | ||||||
| 15 | activity as a regular course of trade or business with the
| ||||||
| 16 | principal objective of livelihood and profit, but does not | ||||||
| 17 | include a person who
makes occasional repairs of firearms | ||||||
| 18 | or who occasionally fits special barrels,
stocks, or | ||||||
| 19 | trigger mechanisms to firearms.
| ||||||
| 20 | "With the principal objective of livelihood and | ||||||
| 21 | profit" means that the
intent
underlying the sale or | ||||||
| 22 | disposition of firearms is predominantly one of
obtaining | ||||||
| 23 | livelihood and pecuniary gain, as opposed to other intents, | ||||||
| 24 | such as
improving or liquidating a personal firearms | ||||||
| 25 | collection; however, proof of
profit shall not be required | ||||||
| 26 | as to a person who engages in the regular and
repetitive | ||||||
| |||||||
| |||||||
| 1 | purchase and disposition of firearms for criminal purposes | ||||||
| 2 | or
terrorism.
| ||||||
| 3 | (k) Sells or transfers ownership of a firearm to a | ||||||
| 4 | person who does not display to the seller or transferor of | ||||||
| 5 | the firearm either: (1) a currently valid Firearm Owner's | ||||||
| 6 | Identification Card that has previously been issued in the | ||||||
| 7 | transferee's name by the Department of State Police under | ||||||
| 8 | the provisions of the Firearm Owners Identification Card | ||||||
| 9 | Act; or (2) a currently valid license to carry a concealed | ||||||
| 10 | firearm that has previously been issued in the transferee's | ||||||
| 11 | name by the
Department of State Police under the Firearm | ||||||
| 12 | Concealed Carry Act. This paragraph (k) does not apply to | ||||||
| 13 | the transfer of a firearm to a person who is exempt from | ||||||
| 14 | the requirement of possessing a Firearm Owner's | ||||||
| 15 | Identification Card under Section 2 of the Firearm Owners | ||||||
| 16 | Identification Card Act. For the purposes of this Section, | ||||||
| 17 | a currently valid Firearm Owner's Identification Card | ||||||
| 18 | means (i) a Firearm Owner's Identification Card that has | ||||||
| 19 | not expired or (ii) an approval number issued in accordance | ||||||
| 20 | with subsection (a-10) of subsection 3 or Section 3.1 of | ||||||
| 21 | the Firearm Owners Identification Card Act shall be proof | ||||||
| 22 | that the Firearm Owner's Identification Card was valid. | ||||||
| 23 | (1) In addition to the other requirements of this | ||||||
| 24 | paragraph (k), all persons who are not federally | ||||||
| 25 | licensed firearms dealers must also have complied with | ||||||
| 26 | subsection (a-10) of Section 3 of the Firearm Owners | ||||||
| |||||||
| |||||||
| 1 | Identification Card Act by determining the validity of | ||||||
| 2 | a purchaser's Firearm Owner's Identification Card. | ||||||
| 3 | (2) All sellers or transferors who have complied | ||||||
| 4 | with the requirements of subparagraph (1) of this | ||||||
| 5 | paragraph (k) shall not be liable for damages in any | ||||||
| 6 | civil action arising from the use or misuse by the | ||||||
| 7 | transferee of the firearm transferred, except for | ||||||
| 8 | willful or wanton misconduct on the part of the seller | ||||||
| 9 | or transferor. | ||||||
| 10 | (l) Not
being entitled to the possession of a firearm, | ||||||
| 11 | delivers the
firearm, knowing it to have been stolen or | ||||||
| 12 | converted. It may be inferred that
a person who possesses a | ||||||
| 13 | firearm with knowledge that its serial number has
been | ||||||
| 14 | removed or altered has knowledge that the firearm is stolen | ||||||
| 15 | or converted. | ||||||
| 16 | (B) Paragraph (h) of subsection (A) does not include | ||||||
| 17 | firearms sold within 6
months after enactment of Public
Act | ||||||
| 18 | 78-355 (approved August 21, 1973, effective October 1, 1973), | ||||||
| 19 | nor is any
firearm legally owned or
possessed by any citizen or | ||||||
| 20 | purchased by any citizen within 6 months after the
enactment of | ||||||
| 21 | Public Act 78-355 subject
to confiscation or seizure under the | ||||||
| 22 | provisions of that Public Act. Nothing in
Public Act 78-355 | ||||||
| 23 | shall be construed to prohibit the gift or trade of
any firearm | ||||||
| 24 | if that firearm was legally held or acquired within 6 months | ||||||
| 25 | after
the enactment of that Public Act.
| ||||||
| 26 | (C) Sentence.
| ||||||
| |||||||
| |||||||
| 1 | (1) Any person convicted of unlawful sale or delivery | ||||||
| 2 | of firearms in violation of
paragraph (c), (e), (f), (g), | ||||||
| 3 | or (h) of subsection (A) commits a Class
4
felony.
| ||||||
| 4 | (2) Any person convicted of unlawful sale or delivery | ||||||
| 5 | of firearms in violation of
paragraph (b) or (i) of | ||||||
| 6 | subsection (A) commits a Class 3 felony.
| ||||||
| 7 | (3) Any person convicted of unlawful sale or delivery | ||||||
| 8 | of firearms in violation of
paragraph (a) of subsection (A) | ||||||
| 9 | commits a Class 2 felony.
| ||||||
| 10 | (4) Any person convicted of unlawful sale or delivery | ||||||
| 11 | of firearms in violation of
paragraph (a), (b), or (i) of | ||||||
| 12 | subsection (A) in any school, on the real
property | ||||||
| 13 | comprising a school, within 1,000 feet of the real property | ||||||
| 14 | comprising
a school, at a school related activity, or on or | ||||||
| 15 | within 1,000 feet of any
conveyance owned, leased, or | ||||||
| 16 | contracted by a school or school district to
transport | ||||||
| 17 | students to or from school or a school related activity,
| ||||||
| 18 | regardless of the time of day or time of year at which the | ||||||
| 19 | offense
was committed, commits a Class 1 felony. Any person | ||||||
| 20 | convicted of a second
or subsequent violation of unlawful | ||||||
| 21 | sale or delivery of firearms in violation of paragraph
(a), | ||||||
| 22 | (b), or (i) of subsection (A) in any school, on the real | ||||||
| 23 | property
comprising a school, within 1,000 feet of the real | ||||||
| 24 | property comprising a
school, at a school related activity, | ||||||
| 25 | or on or within 1,000 feet of any
conveyance owned, leased, | ||||||
| 26 | or contracted by a school or school district to
transport | ||||||
| |||||||
| |||||||
| 1 | students to or from school or a school related activity,
| ||||||
| 2 | regardless of the time of day or time of year at which the | ||||||
| 3 | offense
was committed, commits a Class 1 felony for which | ||||||
| 4 | the sentence shall be a
term of imprisonment of no less | ||||||
| 5 | than 5 years and no more than 15 years.
| ||||||
| 6 | (5) Any person convicted of unlawful sale or delivery | ||||||
| 7 | of firearms in violation of
paragraph (a) or (i) of | ||||||
| 8 | subsection (A) in residential property owned,
operated, or | ||||||
| 9 | managed by a public housing agency or leased by a public | ||||||
| 10 | housing
agency as part of a scattered site or mixed-income | ||||||
| 11 | development, in a public
park, in a
courthouse, on | ||||||
| 12 | residential property owned, operated, or managed by a | ||||||
| 13 | public
housing agency or leased by a public housing agency | ||||||
| 14 | as part of a scattered site
or mixed-income development, on | ||||||
| 15 | the real property comprising any public park,
on the real
| ||||||
| 16 | property comprising any courthouse, or on any public way | ||||||
| 17 | within 1,000 feet
of the real property comprising any | ||||||
| 18 | public park, courthouse, or residential
property owned, | ||||||
| 19 | operated, or managed by a public housing agency or leased | ||||||
| 20 | by a
public housing agency as part of a scattered site or | ||||||
| 21 | mixed-income development
commits a
Class 2 felony.
| ||||||
| 22 | (6) Any person convicted of unlawful sale or delivery | ||||||
| 23 | of firearms in violation of
paragraph (j) of subsection (A) | ||||||
| 24 | commits a Class A misdemeanor. A second or
subsequent | ||||||
| 25 | violation is a Class 4 felony. | ||||||
| 26 | (7) Any person convicted of unlawful sale or delivery | ||||||
| |||||||
| |||||||
| 1 | of firearms in violation of paragraph (k) of subsection (A) | ||||||
| 2 | commits a Class 4 felony, except that a violation of | ||||||
| 3 | subparagraph (1) of paragraph (k) of subsection (A) shall | ||||||
| 4 | not be punishable as a crime or petty offense. A third or | ||||||
| 5 | subsequent conviction for a violation of paragraph (k) of | ||||||
| 6 | subsection (A) is a Class 1 felony.
| ||||||
| 7 | (8) A person 18 years of age or older convicted of | ||||||
| 8 | unlawful sale or delivery of firearms in violation of | ||||||
| 9 | paragraph (a) or (i) of subsection (A), when the firearm | ||||||
| 10 | that was sold or given to another person under 18 years of | ||||||
| 11 | age was used in the commission of or attempt to commit a | ||||||
| 12 | forcible felony, shall be fined or imprisoned, or both, not | ||||||
| 13 | to exceed the maximum provided for the most serious | ||||||
| 14 | forcible felony so committed or attempted by the person | ||||||
| 15 | under 18 years of age who was sold or given the firearm. | ||||||
| 16 | (9) Any person convicted of unlawful sale or delivery | ||||||
| 17 | of firearms in violation of
paragraph (d) of subsection (A) | ||||||
| 18 | commits a Class 3 felony. | ||||||
| 19 | (10) Any person convicted of unlawful sale or delivery | ||||||
| 20 | of firearms in violation of paragraph (l) of subsection (A) | ||||||
| 21 | commits a Class 2 felony if the delivery is of one firearm. | ||||||
| 22 | Any person convicted of unlawful sale or delivery of | ||||||
| 23 | firearms in violation of paragraph (l) of subsection (A) | ||||||
| 24 | commits a Class 1 felony if the delivery is of not less | ||||||
| 25 | than 2 and not more than 5 firearms at the
same time or | ||||||
| 26 | within a one year period. Any person convicted of unlawful | ||||||
| |||||||
| |||||||
| 1 | sale or delivery of firearms in violation of paragraph (l) | ||||||
| 2 | of subsection (A) commits a Class X felony for which he or | ||||||
| 3 | she shall be sentenced
to a term of imprisonment of not | ||||||
| 4 | less than 6 years and not more than 30
years if the | ||||||
| 5 | delivery is of not less than 6 and not more than 10 | ||||||
| 6 | firearms at the
same time or within a 2 year period. Any | ||||||
| 7 | person convicted of unlawful sale or delivery of firearms | ||||||
| 8 | in violation of paragraph (l) of subsection (A) commits a | ||||||
| 9 | Class X felony for which he or she shall be sentenced
to a | ||||||
| 10 | term of imprisonment of not less than 6 years and not more | ||||||
| 11 | than 40
years if the delivery is of not less than 11 and | ||||||
| 12 | not more than 20 firearms at the
same time or within a 3 | ||||||
| 13 | year period. Any person convicted of unlawful sale or | ||||||
| 14 | delivery of firearms in violation of paragraph (l) of | ||||||
| 15 | subsection (A) commits a Class X felony for which he or she | ||||||
| 16 | shall be sentenced
to a term of imprisonment of not less | ||||||
| 17 | than 6 years and not more than 50
years if the delivery is | ||||||
| 18 | of not less than 21 and not more than 30 firearms at the
| ||||||
| 19 | same time or within a 4 year period. Any person convicted | ||||||
| 20 | of unlawful sale or delivery of firearms in violation of | ||||||
| 21 | paragraph (l) of subsection (A) commits a Class X felony | ||||||
| 22 | for which he or she shall be sentenced
to a term of | ||||||
| 23 | imprisonment of not less than 6 years and not more than 60
| ||||||
| 24 | years if the delivery is of 31 or more firearms at the
same | ||||||
| 25 | time or within a 5 year period. | ||||||
| 26 | (D) For purposes of this Section:
| ||||||
| |||||||
| |||||||
| 1 | "School" means a public or private elementary or secondary | ||||||
| 2 | school,
community college, college, or university.
| ||||||
| 3 | "School related activity" means any sporting, social, | ||||||
| 4 | academic, or
other activity for which students' attendance or | ||||||
| 5 | participation is sponsored,
organized, or funded in whole or in | ||||||
| 6 | part by a school or school district.
| ||||||
| 7 | (E) A prosecution for a violation of paragraph (k) of | ||||||
| 8 | subsection (A) of this Section may be commenced within 6 years | ||||||
| 9 | after the commission of the offense. A prosecution for a | ||||||
| 10 | violation of this Section other than paragraph (g) of | ||||||
| 11 | subsection (A) of this Section may be commenced within 5 years | ||||||
| 12 | after the commission of the offense defined in the particular | ||||||
| 13 | paragraph.
| ||||||
| 14 | (Source: P.A. 98-508, eff. 8-19-13; 99-29, eff. 7-10-15; | ||||||
| 15 | 99-143, eff. 7-27-15; revised 10-16-15.)
| ||||||
| 16 | (720 ILCS 5/26-1) (from Ch. 38, par. 26-1)
| ||||||
| 17 | Sec. 26-1. Disorderly conduct.
| ||||||
| 18 | (a) A person commits disorderly conduct when he or she | ||||||
| 19 | knowingly:
| ||||||
| 20 | (1) Does any act in such unreasonable manner as to | ||||||
| 21 | alarm or disturb
another and to provoke a breach of the | ||||||
| 22 | peace;
| ||||||
| 23 | (2) Transmits or causes to be transmitted in any manner | ||||||
| 24 | to the fire
department of any city,
town, village or fire | ||||||
| 25 | protection district a false alarm of fire, knowing
at the | ||||||
| |||||||
| |||||||
| 1 | time of the transmission that there is no reasonable ground | ||||||
| 2 | for
believing that the fire exists;
| ||||||
| 3 | (3) Transmits or causes to be transmitted in any manner | ||||||
| 4 | to another a
false alarm to the effect that a bomb or other | ||||||
| 5 | explosive of any nature or a
container holding poison gas, | ||||||
| 6 | a deadly biological or chemical contaminant, or
| ||||||
| 7 | radioactive substance is concealed in a place where its | ||||||
| 8 | explosion or release
would endanger human life, knowing at | ||||||
| 9 | the time of the transmission that there
is no reasonable | ||||||
| 10 | ground for believing that the bomb, explosive or a | ||||||
| 11 | container
holding poison gas, a deadly biological or | ||||||
| 12 | chemical contaminant, or radioactive
substance is | ||||||
| 13 | concealed in the place;
| ||||||
| 14 | (3.5) Transmits or causes to be transmitted a threat of | ||||||
| 15 | destruction of a school building or school property, or a | ||||||
| 16 | threat of violence, death, or bodily harm directed against | ||||||
| 17 | persons at a school, school function, or school event, | ||||||
| 18 | whether or not school is in session; | ||||||
| 19 | (4) Transmits or causes to be transmitted in any manner | ||||||
| 20 | to any peace
officer, public officer or public employee a | ||||||
| 21 | report to the effect that an
offense will be committed, is | ||||||
| 22 | being committed, or has been committed, knowing
at the time | ||||||
| 23 | of the transmission that there is no reasonable ground for
| ||||||
| 24 | believing that the offense will be committed, is being | ||||||
| 25 | committed, or has
been committed;
| ||||||
| 26 | (5) Transmits or causes to be transmitted a false | ||||||
| |||||||
| |||||||
| 1 | report to any public
safety agency without the reasonable | ||||||
| 2 | grounds necessary to believe that
transmitting the report | ||||||
| 3 | is necessary for the safety and welfare of the
public; or
| ||||||
| 4 | (6) Calls the number "911" for the purpose of making or | ||||||
| 5 | transmitting a
false alarm or complaint and reporting | ||||||
| 6 | information when, at the time the call
or transmission is | ||||||
| 7 | made, the person knows there is no reasonable ground for
| ||||||
| 8 | making the call or transmission and further knows that the | ||||||
| 9 | call or transmission
could result in the emergency response | ||||||
| 10 | of any public safety agency;
| ||||||
| 11 | (7) Transmits or causes to be transmitted a false | ||||||
| 12 | report to the
Department of Children and Family Services | ||||||
| 13 | under Section 4 of the "Abused and
Neglected Child | ||||||
| 14 | Reporting Act";
| ||||||
| 15 | (8) Transmits or causes to be transmitted a false | ||||||
| 16 | report to the
Department of Public Health under the Nursing | ||||||
| 17 | Home Care Act, the Specialized Mental Health | ||||||
| 18 | Rehabilitation Act of 2013, the ID/DD Community Care Act, | ||||||
| 19 | or the MC/DD Act;
| ||||||
| 20 | (9) Transmits or causes to be transmitted in any manner | ||||||
| 21 | to the police
department or fire department of any | ||||||
| 22 | municipality or fire protection district,
or any privately | ||||||
| 23 | owned and operated ambulance service, a false request for | ||||||
| 24 | an
ambulance, emergency medical technician-ambulance or | ||||||
| 25 | emergency medical
technician-paramedic knowing at the time | ||||||
| 26 | there is no reasonable ground for
believing that the | ||||||
| |||||||
| |||||||
| 1 | assistance is required;
| ||||||
| 2 | (10) Transmits or causes to be transmitted a false | ||||||
| 3 | report under
Article II of Public Act 83-1432 "An Act in | ||||||
| 4 | relation to victims of violence and abuse",
approved | ||||||
| 5 | September 16, 1984, as amended;
| ||||||
| 6 | (11) Enters upon the property of another and for a lewd | ||||||
| 7 | or unlawful
purpose deliberately looks into a dwelling on | ||||||
| 8 | the property through any
window or other opening in it; or
| ||||||
| 9 | (12) While acting as a collection agency as defined in | ||||||
| 10 | the
Collection Agency Act or as an employee of the | ||||||
| 11 | collection agency, and
while attempting to collect an | ||||||
| 12 | alleged debt, makes a telephone call to
the alleged debtor | ||||||
| 13 | which is designed to harass, annoy or intimidate the
| ||||||
| 14 | alleged debtor.
| ||||||
| 15 | (b) Sentence. A violation of subsection (a)(1) of this | ||||||
| 16 | Section
is a Class C misdemeanor. A violation of subsection | ||||||
| 17 | (a)(5) or (a)(11) of this Section is a Class A misdemeanor. A | ||||||
| 18 | violation of subsection
(a)(8) or (a)(10) of this Section is a | ||||||
| 19 | Class B misdemeanor. A violation of
subsection (a)(2), | ||||||
| 20 | (a)(3.5), (a)(4), (a)(6), (a)(7), or (a)(9) of this Section is | ||||||
| 21 | a Class 4
felony. A
violation of subsection (a)(3) of this | ||||||
| 22 | Section is a Class 3 felony, for which
a fine of not less than | ||||||
| 23 | $3,000 and no more than $10,000 shall be assessed in
addition | ||||||
| 24 | to any other penalty imposed.
| ||||||
| 25 | A violation of subsection (a)(12) of this Section is a | ||||||
| 26 | Business Offense and
shall be punished by a fine not to exceed | ||||||
| |||||||
| |||||||
| 1 | $3,000. A second or subsequent
violation of subsection (a)(7) | ||||||
| 2 | or (a)(5) of this Section is a Class
4 felony. A third or | ||||||
| 3 | subsequent violation of subsection (a)(11) of this Section
is a | ||||||
| 4 | Class 4 felony.
| ||||||
| 5 | (c) In addition to any other sentence that may be imposed, | ||||||
| 6 | a court shall
order any person convicted of disorderly conduct | ||||||
| 7 | to perform community service
for not less than 30 and not more | ||||||
| 8 | than 120 hours, if community service is
available in the | ||||||
| 9 | jurisdiction and is funded and approved by the county board of
| ||||||
| 10 | the county where the offense was committed. In addition, | ||||||
| 11 | whenever any person
is placed on supervision for an alleged | ||||||
| 12 | offense under this Section, the
supervision shall be | ||||||
| 13 | conditioned upon the performance of the community service.
| ||||||
| 14 | This subsection does not apply when the court imposes a | ||||||
| 15 | sentence of
incarceration. | ||||||
| 16 | (d) In addition to any other sentence that may be imposed, | ||||||
| 17 | the court shall
order any person convicted of disorderly | ||||||
| 18 | conduct under paragraph (3) of subsection (a) involving a false | ||||||
| 19 | alarm of a threat that a bomb or explosive device has been | ||||||
| 20 | placed in a school to reimburse the unit of government that | ||||||
| 21 | employs the emergency response officer or officers that were | ||||||
| 22 | dispatched to the school for the cost of the search for a bomb | ||||||
| 23 | or explosive device. | ||||||
| 24 | (e) In addition to any other sentence that may be imposed, | ||||||
| 25 | the court shall
order any person convicted of disorderly | ||||||
| 26 | conduct under paragraph (6) of subsection (a) to reimburse the | ||||||
| |||||||
| |||||||
| 1 | public agency for the reasonable costs of the emergency | ||||||
| 2 | response by the public agency up to $10,000. If the court | ||||||
| 3 | determines that the person convicted of disorderly conduct | ||||||
| 4 | under paragraph (6) of subsection (a) is indigent, the | ||||||
| 5 | provisions of this subsection (e) do not apply. | ||||||
| 6 | (f) For the purposes of this Section, "emergency response" | ||||||
| 7 | means any condition that results in, or could result in, the | ||||||
| 8 | response of a public official in an authorized emergency | ||||||
| 9 | vehicle, any condition that jeopardizes or could jeopardize | ||||||
| 10 | public safety and results in, or could result in, the | ||||||
| 11 | evacuation of any area, building, structure, vehicle, or of any | ||||||
| 12 | other place that any person may enter, or any incident | ||||||
| 13 | requiring a response by a police officer, a firefighter, a | ||||||
| 14 | State Fire Marshal employee, or an ambulance. | ||||||
| 15 | (Source: P.A. 98-104, eff. 7-22-13; 99-160, eff. 1-1-16; | ||||||
| 16 | 99-180, eff. 7-29-15; revised 10-16-15.)
| ||||||
| 17 | Section 540. The Illinois Controlled Substances Act is | ||||||
| 18 | amended by changing Sections 102 and 302 as follows:
| ||||||
| 19 | (720 ILCS 570/102) (from Ch. 56 1/2, par. 1102) | ||||||
| 20 | Sec. 102. Definitions. As used in this Act, unless the | ||||||
| 21 | context
otherwise requires:
| ||||||
| 22 | (a) "Addict" means any person who habitually uses any drug, | ||||||
| 23 | chemical,
substance or dangerous drug other than alcohol so as | ||||||
| 24 | to endanger the public
morals, health, safety or welfare or who | ||||||
| |||||||
| |||||||
| 1 | is so far addicted to the use of a
dangerous drug or controlled | ||||||
| 2 | substance other than alcohol as to have lost
the power of self | ||||||
| 3 | control with reference to his or her addiction.
| ||||||
| 4 | (b) "Administer" means the direct application of a | ||||||
| 5 | controlled
substance, whether by injection, inhalation, | ||||||
| 6 | ingestion, or any other
means, to the body of a patient, | ||||||
| 7 | research subject, or animal (as
defined by the Humane | ||||||
| 8 | Euthanasia in Animal Shelters Act) by:
| ||||||
| 9 | (1) a practitioner (or, in his or her presence, by his | ||||||
| 10 | or her authorized agent),
| ||||||
| 11 | (2) the patient or research subject pursuant to an | ||||||
| 12 | order, or
| ||||||
| 13 | (3) a euthanasia technician as defined by the Humane | ||||||
| 14 | Euthanasia in
Animal Shelters Act.
| ||||||
| 15 | (c) "Agent" means an authorized person who acts on behalf | ||||||
| 16 | of or at
the direction of a manufacturer, distributor, | ||||||
| 17 | dispenser, prescriber, or practitioner. It does not
include a | ||||||
| 18 | common or contract carrier, public warehouseman or employee of
| ||||||
| 19 | the carrier or warehouseman.
| ||||||
| 20 | (c-1) "Anabolic Steroids" means any drug or hormonal | ||||||
| 21 | substance,
chemically and pharmacologically related to | ||||||
| 22 | testosterone (other than
estrogens, progestins, | ||||||
| 23 | corticosteroids, and dehydroepiandrosterone),
and includes:
| ||||||
| 24 | (i) 3[beta],17-dihydroxy-5a-androstane, | ||||||
| 25 | (ii) 3[alpha],17[beta]-dihydroxy-5a-androstane, | ||||||
| 26 | (iii) 5[alpha]-androstan-3,17-dione, | ||||||
| |||||||
| |||||||
| 1 | (iv) 1-androstenediol (3[beta], | ||||||
| 2 | 17[beta]-dihydroxy-5[alpha]-androst-1-ene), | ||||||
| 3 | (v) 1-androstenediol (3[alpha], | ||||||
| 4 | 17[beta]-dihydroxy-5[alpha]-androst-1-ene), | ||||||
| 5 | (vi) 4-androstenediol | ||||||
| 6 | (3[beta],17[beta]-dihydroxy-androst-4-ene), | ||||||
| 7 | (vii) 5-androstenediol | ||||||
| 8 | (3[beta],17[beta]-dihydroxy-androst-5-ene), | ||||||
| 9 | (viii) 1-androstenedione | ||||||
| 10 | ([5alpha]-androst-1-en-3,17-dione), | ||||||
| 11 | (ix) 4-androstenedione | ||||||
| 12 | (androst-4-en-3,17-dione), | ||||||
| 13 | (x) 5-androstenedione | ||||||
| 14 | (androst-5-en-3,17-dione), | ||||||
| 15 | (xi) bolasterone (7[alpha],17a-dimethyl-17[beta]- | ||||||
| 16 | hydroxyandrost-4-en-3-one), | ||||||
| 17 | (xii) boldenone (17[beta]-hydroxyandrost- | ||||||
| 18 | 1,4,-diene-3-one), | ||||||
| 19 | (xiii) boldione (androsta-1,4- | ||||||
| 20 | diene-3,17-dione), | ||||||
| 21 | (xiv) calusterone (7[beta],17[alpha]-dimethyl-17 | ||||||
| 22 | [beta]-hydroxyandrost-4-en-3-one), | ||||||
| 23 | (xv) clostebol (4-chloro-17[beta]- | ||||||
| 24 | hydroxyandrost-4-en-3-one), | ||||||
| 25 | (xvi) dehydrochloromethyltestosterone (4-chloro- | ||||||
| 26 | 17[beta]-hydroxy-17[alpha]-methyl- | ||||||
| |||||||
| |||||||
| 1 | androst-1,4-dien-3-one), | ||||||
| 2 | (xvii) desoxymethyltestosterone | ||||||
| 3 | (17[alpha]-methyl-5[alpha] | ||||||
| 4 | -androst-2-en-17[beta]-ol)(a.k.a., madol), | ||||||
| 5 | (xviii) [delta]1-dihydrotestosterone (a.k.a. | ||||||
| 6 | '1-testosterone') (17[beta]-hydroxy- | ||||||
| 7 | 5[alpha]-androst-1-en-3-one), | ||||||
| 8 | (xix) 4-dihydrotestosterone (17[beta]-hydroxy- | ||||||
| 9 | androstan-3-one), | ||||||
| 10 | (xx) drostanolone (17[beta]-hydroxy-2[alpha]-methyl- | ||||||
| 11 | 5[alpha]-androstan-3-one), | ||||||
| 12 | (xxi) ethylestrenol (17[alpha]-ethyl-17[beta]- | ||||||
| 13 | hydroxyestr-4-ene), | ||||||
| 14 | (xxii) fluoxymesterone (9-fluoro-17[alpha]-methyl- | ||||||
| 15 | 1[beta],17[beta]-dihydroxyandrost-4-en-3-one), | ||||||
| 16 | (xxiii) formebolone (2-formyl-17[alpha]-methyl-11[alpha], | ||||||
| 17 | 17[beta]-dihydroxyandrost-1,4-dien-3-one), | ||||||
| 18 | (xxiv) furazabol (17[alpha]-methyl-17[beta]- | ||||||
| 19 | hydroxyandrostano[2,3-c]-furazan), | ||||||
| 20 | (xxv) 13[beta]-ethyl-17[beta]-hydroxygon-4-en-3-one) | ||||||
| 21 | (xxvi) 4-hydroxytestosterone (4,17[beta]-dihydroxy- | ||||||
| 22 | androst-4-en-3-one), | ||||||
| 23 | (xxvii) 4-hydroxy-19-nortestosterone (4,17[beta]- | ||||||
| 24 | dihydroxy-estr-4-en-3-one), | ||||||
| 25 | (xxviii) mestanolone (17[alpha]-methyl-17[beta]- | ||||||
| 26 | hydroxy-5-androstan-3-one), | ||||||
| |||||||
| |||||||
| 1 | (xxix) mesterolone (1amethyl-17[beta]-hydroxy- | ||||||
| 2 | [5a]-androstan-3-one), | ||||||
| 3 | (xxx) methandienone (17[alpha]-methyl-17[beta]- | ||||||
| 4 | hydroxyandrost-1,4-dien-3-one), | ||||||
| 5 | (xxxi) methandriol (17[alpha]-methyl-3[beta],17[beta]- | ||||||
| 6 | dihydroxyandrost-5-ene), | ||||||
| 7 | (xxxii) methenolone (1-methyl-17[beta]-hydroxy- | ||||||
| 8 | 5[alpha]-androst-1-en-3-one), | ||||||
| 9 | (xxxiii) 17[alpha]-methyl-3[beta], 17[beta]- | ||||||
| 10 | dihydroxy-5a-androstane), | ||||||
| 11 | (xxxiv) 17[alpha]-methyl-3[alpha],17[beta]-dihydroxy | ||||||
| 12 | -5a-androstane), | ||||||
| 13 | (xxxv) 17[alpha]-methyl-3[beta],17[beta]- | ||||||
| 14 | dihydroxyandrost-4-ene), | ||||||
| 15 | (xxxvi) 17[alpha]-methyl-4-hydroxynandrolone (17[alpha]- | ||||||
| 16 | methyl-4-hydroxy-17[beta]-hydroxyestr-4-en-3-one), | ||||||
| 17 | (xxxvii) methyldienolone (17[alpha]-methyl-17[beta]- | ||||||
| 18 | hydroxyestra-4,9(10)-dien-3-one), | ||||||
| 19 | (xxxviii) methyltrienolone (17[alpha]-methyl-17[beta]- | ||||||
| 20 | hydroxyestra-4,9-11-trien-3-one), | ||||||
| 21 | (xxxix) methyltestosterone (17[alpha]-methyl-17[beta]- | ||||||
| 22 | hydroxyandrost-4-en-3-one), | ||||||
| 23 | (xl) mibolerone (7[alpha],17a-dimethyl-17[beta]- | ||||||
| 24 | hydroxyestr-4-en-3-one), | ||||||
| 25 | (xli) 17[alpha]-methyl-[delta]1-dihydrotestosterone | ||||||
| 26 | (17b[beta]-hydroxy-17[alpha]-methyl-5[alpha]- | ||||||
| |||||||
| |||||||
| 1 | androst-1-en-3-one)(a.k.a. '17-[alpha]-methyl- | ||||||
| 2 | 1-testosterone'), | ||||||
| 3 | (xlii) nandrolone (17[beta]-hydroxyestr-4-en-3-one), | ||||||
| 4 | (xliii) 19-nor-4-androstenediol (3[beta], 17[beta]- | ||||||
| 5 | dihydroxyestr-4-ene), | ||||||
| 6 | (xliv) 19-nor-4-androstenediol (3[alpha], 17[beta]- | ||||||
| 7 | dihydroxyestr-4-ene), | ||||||
| 8 | (xlv) 19-nor-5-androstenediol (3[beta], 17[beta]- | ||||||
| 9 | dihydroxyestr-5-ene), | ||||||
| 10 | (xlvi) 19-nor-5-androstenediol (3[alpha], 17[beta]- | ||||||
| 11 | dihydroxyestr-5-ene), | ||||||
| 12 | (xlvii) 19-nor-4,9(10)-androstadienedione | ||||||
| 13 | (estra-4,9(10)-diene-3,17-dione), | ||||||
| 14 | (xlviii) 19-nor-4-androstenedione (estr-4- | ||||||
| 15 | en-3,17-dione), | ||||||
| 16 | (xlix) 19-nor-5-androstenedione (estr-5- | ||||||
| 17 | en-3,17-dione), | ||||||
| 18 | (l) norbolethone (13[beta], 17a-diethyl-17[beta]- | ||||||
| 19 | hydroxygon-4-en-3-one), | ||||||
| 20 | (li) norclostebol (4-chloro-17[beta]- | ||||||
| 21 | hydroxyestr-4-en-3-one), | ||||||
| 22 | (lii) norethandrolone (17[alpha]-ethyl-17[beta]- | ||||||
| 23 | hydroxyestr-4-en-3-one), | ||||||
| 24 | (liii) normethandrolone (17[alpha]-methyl-17[beta]- | ||||||
| 25 | hydroxyestr-4-en-3-one), | ||||||
| 26 | (liv) oxandrolone (17[alpha]-methyl-17[beta]-hydroxy- | ||||||
| |||||||
| |||||||
| 1 | 2-oxa-5[alpha]-androstan-3-one), | ||||||
| 2 | (lv) oxymesterone (17[alpha]-methyl-4,17[beta]- | ||||||
| 3 | dihydroxyandrost-4-en-3-one), | ||||||
| 4 | (lvi) oxymetholone (17[alpha]-methyl-2-hydroxymethylene- | ||||||
| 5 | 17[beta]-hydroxy-(5[alpha]-androstan-3-one), | ||||||
| 6 | (lvii) stanozolol (17[alpha]-methyl-17[beta]-hydroxy- | ||||||
| 7 | (5[alpha]-androst-2-eno[3,2-c]-pyrazole), | ||||||
| 8 | (lviii) stenbolone (17[beta]-hydroxy-2-methyl- | ||||||
| 9 | (5[alpha]-androst-1-en-3-one), | ||||||
| 10 | (lix) testolactone (13-hydroxy-3-oxo-13,17- | ||||||
| 11 | secoandrosta-1,4-dien-17-oic | ||||||
| 12 | acid lactone), | ||||||
| 13 | (lx) testosterone (17[beta]-hydroxyandrost- | ||||||
| 14 | 4-en-3-one), | ||||||
| 15 | (lxi) tetrahydrogestrinone (13[beta], 17[alpha]- | ||||||
| 16 | diethyl-17[beta]-hydroxygon- | ||||||
| 17 | 4,9,11-trien-3-one), | ||||||
| 18 | (lxii) trenbolone (17[beta]-hydroxyestr-4,9, | ||||||
| 19 | 11-trien-3-one).
| ||||||
| 20 | Any person who is otherwise lawfully in possession of an | ||||||
| 21 | anabolic
steroid, or who otherwise lawfully manufactures, | ||||||
| 22 | distributes, dispenses,
delivers, or possesses with intent to | ||||||
| 23 | deliver an anabolic steroid, which
anabolic steroid is | ||||||
| 24 | expressly intended for and lawfully allowed to be
administered | ||||||
| 25 | through implants to livestock or other nonhuman species, and
| ||||||
| 26 | which is approved by the Secretary of Health and Human Services | ||||||
| |||||||
| |||||||
| 1 | for such
administration, and which the person intends to | ||||||
| 2 | administer or have
administered through such implants, shall | ||||||
| 3 | not be considered to be in
unauthorized possession or to | ||||||
| 4 | unlawfully manufacture, distribute, dispense,
deliver, or | ||||||
| 5 | possess with intent to deliver such anabolic steroid for
| ||||||
| 6 | purposes of this Act.
| ||||||
| 7 | (d) "Administration" means the Drug Enforcement | ||||||
| 8 | Administration,
United States Department of Justice, or its | ||||||
| 9 | successor agency.
| ||||||
| 10 | (d-5) "Clinical Director, Prescription Monitoring Program" | ||||||
| 11 | means a Department of Human Services administrative employee | ||||||
| 12 | licensed to either prescribe or dispense controlled substances | ||||||
| 13 | who shall run the clinical aspects of the Department of Human | ||||||
| 14 | Services Prescription Monitoring Program and its Prescription | ||||||
| 15 | Information Library. | ||||||
| 16 | (d-10) "Compounding" means the preparation and mixing of | ||||||
| 17 | components, excluding flavorings, (1) as the result of a | ||||||
| 18 | prescriber's prescription drug order or initiative based on the | ||||||
| 19 | prescriber-patient-pharmacist relationship in the course of | ||||||
| 20 | professional practice or (2) for the purpose of, or incident | ||||||
| 21 | to, research, teaching, or chemical analysis and not for sale | ||||||
| 22 | or dispensing. "Compounding" includes the preparation of drugs | ||||||
| 23 | or devices in anticipation of receiving prescription drug | ||||||
| 24 | orders based on routine, regularly observed dispensing | ||||||
| 25 | patterns. Commercially available products may be compounded | ||||||
| 26 | for dispensing to individual patients only if both of the | ||||||
| |||||||
| |||||||
| 1 | following conditions are met: (i) the commercial product is not | ||||||
| 2 | reasonably available from normal distribution channels in a | ||||||
| 3 | timely manner to meet the patient's needs and (ii) the | ||||||
| 4 | prescribing practitioner has requested that the drug be | ||||||
| 5 | compounded. | ||||||
| 6 | (e) "Control" means to add a drug or other substance, or | ||||||
| 7 | immediate
precursor, to a Schedule whether by
transfer from | ||||||
| 8 | another Schedule or otherwise.
| ||||||
| 9 | (f) "Controlled Substance" means (i) a drug, substance, | ||||||
| 10 | immediate
precursor, or synthetic drug in the Schedules of | ||||||
| 11 | Article II of this Act or (ii) a drug or other substance, or | ||||||
| 12 | immediate precursor, designated as a controlled substance by | ||||||
| 13 | the Department through administrative rule. The term does not | ||||||
| 14 | include distilled spirits, wine, malt beverages, or tobacco, as | ||||||
| 15 | those terms are
defined or used in the Liquor Control Act of | ||||||
| 16 | 1934 and the Tobacco Products Tax
Act of 1995.
| ||||||
| 17 | (f-5) "Controlled substance analog" means a substance: | ||||||
| 18 | (1) the chemical structure of which is substantially | ||||||
| 19 | similar to the chemical structure of a controlled substance | ||||||
| 20 | in Schedule I or II; | ||||||
| 21 | (2) which has a stimulant, depressant, or | ||||||
| 22 | hallucinogenic effect on the central nervous system that is | ||||||
| 23 | substantially similar to or greater than the stimulant, | ||||||
| 24 | depressant, or hallucinogenic effect on the central | ||||||
| 25 | nervous system of a controlled substance in Schedule I or | ||||||
| 26 | II; or | ||||||
| |||||||
| |||||||
| 1 | (3) with respect to a particular person, which such | ||||||
| 2 | person represents or intends to have a stimulant, | ||||||
| 3 | depressant, or hallucinogenic effect on the central | ||||||
| 4 | nervous system that is substantially similar to or greater | ||||||
| 5 | than the stimulant, depressant, or hallucinogenic effect | ||||||
| 6 | on the central nervous system of a controlled substance in | ||||||
| 7 | Schedule I or II. | ||||||
| 8 | (g) "Counterfeit substance" means a controlled substance, | ||||||
| 9 | which, or
the container or labeling of which, without | ||||||
| 10 | authorization bears the
trademark, trade name, or other | ||||||
| 11 | identifying mark, imprint, number or
device, or any likeness | ||||||
| 12 | thereof, of a manufacturer, distributor, or
dispenser other | ||||||
| 13 | than the person who in fact manufactured, distributed,
or | ||||||
| 14 | dispensed the substance.
| ||||||
| 15 | (h) "Deliver" or "delivery" means the actual, constructive | ||||||
| 16 | or
attempted transfer of possession of a controlled substance, | ||||||
| 17 | with or
without consideration, whether or not there is an | ||||||
| 18 | agency relationship.
| ||||||
| 19 | (i) "Department" means the Illinois Department of Human | ||||||
| 20 | Services (as
successor to the Department of Alcoholism and | ||||||
| 21 | Substance Abuse) or its successor agency.
| ||||||
| 22 | (j) (Blank).
| ||||||
| 23 | (k) "Department of Corrections" means the Department of | ||||||
| 24 | Corrections
of the State of Illinois or its successor agency.
| ||||||
| 25 | (l) "Department of Financial and Professional Regulation" | ||||||
| 26 | means the Department
of Financial and Professional Regulation | ||||||
| |||||||
| |||||||
| 1 | of the State of Illinois or its successor agency.
| ||||||
| 2 | (m) "Depressant" means any drug that (i) causes an overall | ||||||
| 3 | depression of central nervous system functions, (ii) causes | ||||||
| 4 | impaired consciousness and awareness, and (iii) can be | ||||||
| 5 | habit-forming or lead to a substance abuse problem, including | ||||||
| 6 | but not limited to alcohol, cannabis and its active principles | ||||||
| 7 | and their analogs, benzodiazepines and their analogs, | ||||||
| 8 | barbiturates and their analogs, opioids (natural and | ||||||
| 9 | synthetic) and their analogs, and chloral hydrate and similar | ||||||
| 10 | sedative hypnotics.
| ||||||
| 11 | (n) (Blank).
| ||||||
| 12 | (o) "Director" means the Director of the Illinois State | ||||||
| 13 | Police or his or her designated agents.
| ||||||
| 14 | (p) "Dispense" means to deliver a controlled substance to | ||||||
| 15 | an
ultimate user or research subject by or pursuant to the | ||||||
| 16 | lawful order of
a prescriber, including the prescribing, | ||||||
| 17 | administering, packaging,
labeling, or compounding necessary | ||||||
| 18 | to prepare the substance for that
delivery.
| ||||||
| 19 | (q) "Dispenser" means a practitioner who dispenses.
| ||||||
| 20 | (r) "Distribute" means to deliver, other than by | ||||||
| 21 | administering or
dispensing, a controlled substance.
| ||||||
| 22 | (s) "Distributor" means a person who distributes.
| ||||||
| 23 | (t) "Drug" means (1) substances recognized as drugs in the | ||||||
| 24 | official
United States Pharmacopoeia, Official Homeopathic | ||||||
| 25 | Pharmacopoeia of the
United States, or official National | ||||||
| 26 | Formulary, or any supplement to any
of them; (2) substances | ||||||
| |||||||
| |||||||
| 1 | intended for use in diagnosis, cure, mitigation,
treatment, or | ||||||
| 2 | prevention of disease in man or animals; (3) substances
(other | ||||||
| 3 | than food) intended to affect the structure of any function of
| ||||||
| 4 | the body of man or animals and (4) substances intended for use | ||||||
| 5 | as a
component of any article specified in clause (1), (2), or | ||||||
| 6 | (3) of this
subsection. It does not include devices or their | ||||||
| 7 | components, parts, or
accessories.
| ||||||
| 8 | (t-3) "Electronic health record" or "EHR" means an | ||||||
| 9 | electronic record of health-related information on an | ||||||
| 10 | individual that is created, gathered, managed, and consulted by | ||||||
| 11 | authorized health care clinicians and staff. | ||||||
| 12 | (t-5) "Euthanasia agency" means
an entity certified by the | ||||||
| 13 | Department of Financial and Professional Regulation for the
| ||||||
| 14 | purpose of animal euthanasia that holds an animal control | ||||||
| 15 | facility license or
animal
shelter license under the Animal | ||||||
| 16 | Welfare Act. A euthanasia agency is
authorized to purchase, | ||||||
| 17 | store, possess, and utilize Schedule II nonnarcotic and
| ||||||
| 18 | Schedule III nonnarcotic drugs for the sole purpose of animal | ||||||
| 19 | euthanasia.
| ||||||
| 20 | (t-10) "Euthanasia drugs" means Schedule II or Schedule III | ||||||
| 21 | substances
(nonnarcotic controlled substances) that are used | ||||||
| 22 | by a euthanasia agency for
the purpose of animal euthanasia.
| ||||||
| 23 | (u) "Good faith" means the prescribing or dispensing of a | ||||||
| 24 | controlled
substance by a practitioner in the regular course of | ||||||
| 25 | professional
treatment to or for any person who is under his or | ||||||
| 26 | her treatment for a
pathology or condition other than that | ||||||
| |||||||
| |||||||
| 1 | individual's physical or
psychological dependence upon or | ||||||
| 2 | addiction to a controlled substance,
except as provided herein: | ||||||
| 3 | and application of the term to a pharmacist
shall mean the | ||||||
| 4 | dispensing of a controlled substance pursuant to the
| ||||||
| 5 | prescriber's order which in the professional judgment of the | ||||||
| 6 | pharmacist
is lawful. The pharmacist shall be guided by | ||||||
| 7 | accepted professional
standards including, but not limited to | ||||||
| 8 | the following, in making the
judgment:
| ||||||
| 9 | (1) lack of consistency of prescriber-patient | ||||||
| 10 | relationship,
| ||||||
| 11 | (2) frequency of prescriptions for same drug by one | ||||||
| 12 | prescriber for
large numbers of patients,
| ||||||
| 13 | (3) quantities beyond those normally prescribed,
| ||||||
| 14 | (4) unusual dosages (recognizing that there may be | ||||||
| 15 | clinical circumstances where more or less than the usual | ||||||
| 16 | dose may be used legitimately),
| ||||||
| 17 | (5) unusual geographic distances between patient, | ||||||
| 18 | pharmacist and
prescriber,
| ||||||
| 19 | (6) consistent prescribing of habit-forming drugs.
| ||||||
| 20 | (u-0.5) "Hallucinogen" means a drug that causes markedly | ||||||
| 21 | altered sensory perception leading to hallucinations of any | ||||||
| 22 | type. | ||||||
| 23 | (u-1) "Home infusion services" means services provided by a | ||||||
| 24 | pharmacy in
compounding solutions for direct administration to | ||||||
| 25 | a patient in a private
residence, long-term care facility, or | ||||||
| 26 | hospice setting by means of parenteral,
intravenous, | ||||||
| |||||||
| |||||||
| 1 | intramuscular, subcutaneous, or intraspinal infusion.
| ||||||
| 2 | (u-5) "Illinois State Police" means the State
Police of the | ||||||
| 3 | State of Illinois, or its successor agency. | ||||||
| 4 | (v) "Immediate precursor" means a substance:
| ||||||
| 5 | (1) which the Department has found to be and by rule | ||||||
| 6 | designated as
being a principal compound used, or produced | ||||||
| 7 | primarily for use, in the
manufacture of a controlled | ||||||
| 8 | substance;
| ||||||
| 9 | (2) which is an immediate chemical intermediary used or | ||||||
| 10 | likely to
be used in the manufacture of such controlled | ||||||
| 11 | substance; and
| ||||||
| 12 | (3) the control of which is necessary to prevent, | ||||||
| 13 | curtail or limit
the manufacture of such controlled | ||||||
| 14 | substance.
| ||||||
| 15 | (w) "Instructional activities" means the acts of teaching, | ||||||
| 16 | educating
or instructing by practitioners using controlled | ||||||
| 17 | substances within
educational facilities approved by the State | ||||||
| 18 | Board of Education or
its successor agency.
| ||||||
| 19 | (x) "Local authorities" means a duly organized State, | ||||||
| 20 | County or
Municipal peace unit or police force.
| ||||||
| 21 | (y) "Look-alike substance" means a substance, other than a | ||||||
| 22 | controlled
substance which (1) by overall dosage unit | ||||||
| 23 | appearance, including shape,
color, size, markings or lack | ||||||
| 24 | thereof, taste, consistency, or any other
identifying physical | ||||||
| 25 | characteristic of the substance, would lead a reasonable
person | ||||||
| 26 | to believe that the substance is a controlled substance, or (2) | ||||||
| |||||||
| |||||||
| 1 | is
expressly or impliedly represented to be a controlled | ||||||
| 2 | substance or is
distributed under circumstances which would | ||||||
| 3 | lead a reasonable person to
believe that the substance is a | ||||||
| 4 | controlled substance. For the purpose of
determining whether | ||||||
| 5 | the representations made or the circumstances of the
| ||||||
| 6 | distribution would lead a reasonable person to believe the | ||||||
| 7 | substance to be
a controlled substance under this clause (2) of | ||||||
| 8 | subsection (y), the court or
other authority may consider the | ||||||
| 9 | following factors in addition to any other
factor that may be | ||||||
| 10 | relevant:
| ||||||
| 11 | (a) statements made by the owner or person in control | ||||||
| 12 | of the substance
concerning its nature, use or effect;
| ||||||
| 13 | (b) statements made to the buyer or recipient that the | ||||||
| 14 | substance may
be resold for profit;
| ||||||
| 15 | (c) whether the substance is packaged in a manner | ||||||
| 16 | normally used for the
illegal distribution of controlled | ||||||
| 17 | substances;
| ||||||
| 18 | (d) whether the distribution or attempted distribution | ||||||
| 19 | included an
exchange of or demand for money or other | ||||||
| 20 | property as consideration, and
whether the amount of the | ||||||
| 21 | consideration was substantially greater than the
| ||||||
| 22 | reasonable retail market value of the substance.
| ||||||
| 23 | Clause (1) of this subsection (y) shall not apply to a | ||||||
| 24 | noncontrolled
substance in its finished dosage form that was | ||||||
| 25 | initially introduced into
commerce prior to the initial | ||||||
| 26 | introduction into commerce of a controlled
substance in its | ||||||
| |||||||
| |||||||
| 1 | finished dosage form which it may substantially resemble.
| ||||||
| 2 | Nothing in this subsection (y) prohibits the dispensing or | ||||||
| 3 | distributing
of noncontrolled substances by persons authorized | ||||||
| 4 | to dispense and
distribute controlled substances under this | ||||||
| 5 | Act, provided that such action
would be deemed to be carried | ||||||
| 6 | out in good faith under subsection (u) if the
substances | ||||||
| 7 | involved were controlled substances.
| ||||||
| 8 | Nothing in this subsection (y) or in this Act prohibits the | ||||||
| 9 | manufacture,
preparation, propagation, compounding, | ||||||
| 10 | processing, packaging, advertising
or distribution of a drug or | ||||||
| 11 | drugs by any person registered pursuant to
Section 510 of the | ||||||
| 12 | Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360).
| ||||||
| 13 | (y-1) "Mail-order pharmacy" means a pharmacy that is | ||||||
| 14 | located in a state
of the United States that delivers, | ||||||
| 15 | dispenses or
distributes, through the United States Postal | ||||||
| 16 | Service or other common
carrier, to Illinois residents, any | ||||||
| 17 | substance which requires a prescription.
| ||||||
| 18 | (z) "Manufacture" means the production, preparation, | ||||||
| 19 | propagation,
compounding, conversion or processing of a | ||||||
| 20 | controlled substance other than methamphetamine, either
| ||||||
| 21 | directly or indirectly, by extraction from substances of | ||||||
| 22 | natural origin,
or independently by means of chemical | ||||||
| 23 | synthesis, or by a combination of
extraction and chemical | ||||||
| 24 | synthesis, and includes any packaging or
repackaging of the | ||||||
| 25 | substance or labeling of its container, except that
this term | ||||||
| 26 | does not include:
| ||||||
| |||||||
| |||||||
| 1 | (1) by an ultimate user, the preparation or compounding | ||||||
| 2 | of a
controlled substance for his or her own use; or
| ||||||
| 3 | (2) by a practitioner, or his or her authorized agent | ||||||
| 4 | under his or her
supervision, the preparation, | ||||||
| 5 | compounding, packaging, or labeling of a
controlled | ||||||
| 6 | substance:
| ||||||
| 7 | (a) as an incident to his or her administering or | ||||||
| 8 | dispensing of a
controlled substance in the course of | ||||||
| 9 | his or her professional practice; or
| ||||||
| 10 | (b) as an incident to lawful research, teaching or | ||||||
| 11 | chemical
analysis and not for sale.
| ||||||
| 12 | (z-1) (Blank).
| ||||||
| 13 | (z-5) "Medication shopping" means the conduct prohibited | ||||||
| 14 | under subsection (a) of Section 314.5 of this Act. | ||||||
| 15 | (z-10) "Mid-level practitioner" means (i) a physician | ||||||
| 16 | assistant who has been delegated authority to prescribe through | ||||||
| 17 | a written delegation of authority by a physician licensed to | ||||||
| 18 | practice medicine in all of its branches, in accordance with | ||||||
| 19 | Section 7.5 of the Physician Assistant Practice Act of 1987, | ||||||
| 20 | (ii) an advanced practice nurse who has been delegated | ||||||
| 21 | authority to prescribe through a written delegation of | ||||||
| 22 | authority by a physician licensed to practice medicine in all | ||||||
| 23 | of its branches or by a podiatric physician, in accordance with | ||||||
| 24 | Section 65-40 of the Nurse Practice Act, (iii) an advanced | ||||||
| 25 | practice nurse certified as a nurse practitioner, nurse | ||||||
| 26 | midwife, or clinical nurse specialist who has been granted | ||||||
| |||||||
| |||||||
| 1 | authority to prescribe by a hospital affiliate in accordance | ||||||
| 2 | with Section 65-45 of the Nurse Practice Act, (iv) an animal | ||||||
| 3 | euthanasia agency, or (v) a prescribing psychologist. | ||||||
| 4 | (aa) "Narcotic drug" means any of the following, whether | ||||||
| 5 | produced
directly or indirectly by extraction from substances | ||||||
| 6 | of vegetable origin,
or independently by means of chemical | ||||||
| 7 | synthesis, or by a combination of
extraction and chemical | ||||||
| 8 | synthesis:
| ||||||
| 9 | (1) opium, opiates, derivatives of opium and opiates, | ||||||
| 10 | including their isomers, esters, ethers, salts, and salts | ||||||
| 11 | of isomers, esters, and ethers, whenever the existence of | ||||||
| 12 | such isomers, esters, ethers, and salts is possible within | ||||||
| 13 | the specific chemical designation; however the term | ||||||
| 14 | "narcotic drug" does not include the isoquinoline | ||||||
| 15 | alkaloids of opium;
| ||||||
| 16 | (2) (blank);
| ||||||
| 17 | (3) opium poppy and poppy straw;
| ||||||
| 18 | (4) coca leaves, except coca leaves and extracts of | ||||||
| 19 | coca leaves from which substantially all of the cocaine and | ||||||
| 20 | ecgonine, and their isomers, derivatives and salts, have | ||||||
| 21 | been removed;
| ||||||
| 22 | (5) cocaine, its salts, optical and geometric isomers, | ||||||
| 23 | and salts of isomers; | ||||||
| 24 | (6) ecgonine, its derivatives, their salts, isomers, | ||||||
| 25 | and salts of isomers; | ||||||
| 26 | (7) any compound, mixture, or preparation which | ||||||
| |||||||
| |||||||
| 1 | contains any quantity of any of the substances referred to | ||||||
| 2 | in subparagraphs (1) through (6). | ||||||
| 3 | (bb) "Nurse" means a registered nurse licensed under the
| ||||||
| 4 | Nurse Practice Act.
| ||||||
| 5 | (cc) (Blank).
| ||||||
| 6 | (dd) "Opiate" means any substance having an addiction | ||||||
| 7 | forming or
addiction sustaining liability similar to morphine | ||||||
| 8 | or being capable of
conversion into a drug having addiction | ||||||
| 9 | forming or addiction sustaining
liability.
| ||||||
| 10 | (ee) "Opium poppy" means the plant of the species Papaver
| ||||||
| 11 | somniferum L., except its seeds.
| ||||||
| 12 | (ee-5) "Oral dosage" means a tablet, capsule, elixir, or | ||||||
| 13 | solution or other liquid form of medication intended for | ||||||
| 14 | administration by mouth, but the term does not include a form | ||||||
| 15 | of medication intended for buccal, sublingual, or transmucosal | ||||||
| 16 | administration. | ||||||
| 17 | (ff) "Parole and Pardon Board" means the Parole and Pardon | ||||||
| 18 | Board of
the State of Illinois or its successor agency.
| ||||||
| 19 | (gg) "Person" means any individual, corporation, | ||||||
| 20 | mail-order pharmacy,
government or governmental subdivision or | ||||||
| 21 | agency, business trust, estate,
trust, partnership or | ||||||
| 22 | association, or any other entity.
| ||||||
| 23 | (hh) "Pharmacist" means any person who holds a license or | ||||||
| 24 | certificate of
registration as a registered pharmacist, a local | ||||||
| 25 | registered pharmacist
or a registered assistant pharmacist | ||||||
| 26 | under the Pharmacy Practice Act.
| ||||||
| |||||||
| |||||||
| 1 | (ii) "Pharmacy" means any store, ship or other place in | ||||||
| 2 | which
pharmacy is authorized to be practiced under the Pharmacy | ||||||
| 3 | Practice Act.
| ||||||
| 4 | (ii-5) "Pharmacy shopping" means the conduct prohibited | ||||||
| 5 | under subsection (b) of Section 314.5 of this Act. | ||||||
| 6 | (ii-10) "Physician" (except when the context otherwise | ||||||
| 7 | requires) means a person licensed to practice medicine in all | ||||||
| 8 | of its branches. | ||||||
| 9 | (jj) "Poppy straw" means all parts, except the seeds, of | ||||||
| 10 | the opium
poppy, after mowing.
| ||||||
| 11 | (kk) "Practitioner" means a physician licensed to practice | ||||||
| 12 | medicine in all
its branches, dentist, optometrist, podiatric | ||||||
| 13 | physician,
veterinarian, scientific investigator, pharmacist, | ||||||
| 14 | physician assistant,
advanced practice nurse,
licensed | ||||||
| 15 | practical
nurse, registered nurse, hospital, laboratory, or | ||||||
| 16 | pharmacy, or other
person licensed, registered, or otherwise | ||||||
| 17 | lawfully permitted by the
United States or this State to | ||||||
| 18 | distribute, dispense, conduct research
with respect to, | ||||||
| 19 | administer or use in teaching or chemical analysis, a
| ||||||
| 20 | controlled substance in the course of professional practice or | ||||||
| 21 | research.
| ||||||
| 22 | (ll) "Pre-printed prescription" means a written | ||||||
| 23 | prescription upon which
the designated drug has been indicated | ||||||
| 24 | prior to the time of issuance; the term does not mean a written | ||||||
| 25 | prescription that is individually generated by machine or | ||||||
| 26 | computer in the prescriber's office.
| ||||||
| |||||||
| |||||||
| 1 | (mm) "Prescriber" means a physician licensed to practice | ||||||
| 2 | medicine in all
its branches, dentist, optometrist, | ||||||
| 3 | prescribing psychologist licensed under Section 4.2 of the | ||||||
| 4 | Clinical Psychologist Licensing Act with prescriptive | ||||||
| 5 | authority delegated under Section 4.3 of the Clinical | ||||||
| 6 | Psychologist Licensing Act, podiatric physician, or
| ||||||
| 7 | veterinarian who issues a prescription, a physician assistant | ||||||
| 8 | who
issues a
prescription for a controlled substance
in | ||||||
| 9 | accordance
with Section 303.05, a written delegation, and a | ||||||
| 10 | written supervision agreement required under Section 7.5
of the
| ||||||
| 11 | Physician Assistant Practice Act of 1987, an advanced practice
| ||||||
| 12 | nurse with prescriptive authority delegated under Section | ||||||
| 13 | 65-40 of the Nurse Practice Act and in accordance with Section | ||||||
| 14 | 303.05, a written delegation,
and a written
collaborative | ||||||
| 15 | agreement under Section 65-35 of the Nurse Practice Act, or an | ||||||
| 16 | advanced practice nurse certified as a nurse practitioner, | ||||||
| 17 | nurse midwife, or clinical nurse specialist who has been | ||||||
| 18 | granted authority to prescribe by a hospital affiliate in | ||||||
| 19 | accordance with Section 65-45 of the Nurse Practice Act and in | ||||||
| 20 | accordance with Section 303.05.
| ||||||
| 21 | (nn) "Prescription" means a written, facsimile, or oral | ||||||
| 22 | order, or an electronic order that complies with applicable | ||||||
| 23 | federal requirements,
of
a physician licensed to practice | ||||||
| 24 | medicine in all its branches,
dentist, podiatric physician or | ||||||
| 25 | veterinarian for any controlled
substance, of an optometrist in | ||||||
| 26 | accordance with Section 15.1 of the Illinois Optometric | ||||||
| |||||||
| |||||||
| 1 | Practice Act of 1987, of a prescribing psychologist licensed | ||||||
| 2 | under Section 4.2 of the Clinical Psychologist Licensing Act | ||||||
| 3 | with prescriptive authority delegated under Section 4.3 of the | ||||||
| 4 | Clinical Psychologist Licensing Act, of a physician assistant | ||||||
| 5 | for a
controlled substance
in accordance with Section 303.05, a | ||||||
| 6 | written delegation, and a written supervision agreement | ||||||
| 7 | required under
Section 7.5 of the
Physician Assistant Practice | ||||||
| 8 | Act of 1987, of an advanced practice
nurse with prescriptive | ||||||
| 9 | authority delegated under Section 65-40 of the Nurse Practice | ||||||
| 10 | Act who issues a prescription for a
controlled substance in | ||||||
| 11 | accordance
with
Section 303.05, a written delegation, and a | ||||||
| 12 | written collaborative agreement under Section 65-35 of the | ||||||
| 13 | Nurse Practice Act, or of an advanced practice nurse certified | ||||||
| 14 | as a nurse practitioner, nurse midwife, or clinical nurse | ||||||
| 15 | specialist who has been granted authority to prescribe by a | ||||||
| 16 | hospital affiliate in accordance with Section 65-45 of the | ||||||
| 17 | Nurse Practice Act and in accordance with Section 303.05 when | ||||||
| 18 | required by law.
| ||||||
| 19 | (nn-5) "Prescription Information Library" (PIL) means an | ||||||
| 20 | electronic library that contains reported controlled substance | ||||||
| 21 | data. | ||||||
| 22 | (nn-10) "Prescription Monitoring Program" (PMP) means the | ||||||
| 23 | entity that collects, tracks, and stores reported data on | ||||||
| 24 | controlled substances and select drugs pursuant to Section 316. | ||||||
| 25 | (oo) "Production" or "produce" means manufacture, | ||||||
| 26 | planting,
cultivating, growing, or harvesting of a controlled | ||||||
| |||||||
| |||||||
| 1 | substance other than methamphetamine.
| ||||||
| 2 | (pp) "Registrant" means every person who is required to | ||||||
| 3 | register
under Section 302 of this Act.
| ||||||
| 4 | (qq) "Registry number" means the number assigned to each | ||||||
| 5 | person
authorized to handle controlled substances under the | ||||||
| 6 | laws of the United
States and of this State.
| ||||||
| 7 | (qq-5) "Secretary" means, as the context requires, either | ||||||
| 8 | the Secretary of the Department or the Secretary of the | ||||||
| 9 | Department of Financial and Professional Regulation, and the | ||||||
| 10 | Secretary's designated agents. | ||||||
| 11 | (rr) "State" includes the State of Illinois and any state, | ||||||
| 12 | district,
commonwealth, territory, insular possession thereof, | ||||||
| 13 | and any area
subject to the legal authority of the United | ||||||
| 14 | States of America.
| ||||||
| 15 | (rr-5) "Stimulant" means any drug that (i) causes an | ||||||
| 16 | overall excitation of central nervous system functions, (ii) | ||||||
| 17 | causes impaired consciousness and awareness, and (iii) can be | ||||||
| 18 | habit-forming or lead to a substance abuse problem, including | ||||||
| 19 | but not limited to amphetamines and their analogs, | ||||||
| 20 | methylphenidate and its analogs, cocaine, and phencyclidine | ||||||
| 21 | and its analogs. | ||||||
| 22 | (ss) "Ultimate user" means a person who lawfully possesses | ||||||
| 23 | a
controlled substance for his or her own use or for the use of | ||||||
| 24 | a member of his or her
household or for administering to an | ||||||
| 25 | animal owned by him or her or by a member
of his or her | ||||||
| 26 | household.
| ||||||
| |||||||
| |||||||
| 1 | (Source: P.A. 98-214, eff. 8-9-13; 98-668, eff. 6-25-14; | ||||||
| 2 | 98-756, eff. 7-16-14; 98-1111, eff. 8-26-14; 99-78, eff. | ||||||
| 3 | 7-20-15; 99-173, eff. 7-29-15; 99-371, eff. 1-1-16; 99-480, | ||||||
| 4 | eff. 9-9-15; revised 10-19-15.)
| ||||||
| 5 | (720 ILCS 570/302) (from Ch. 56 1/2, par. 1302) | ||||||
| 6 | Sec. 302. (a) Every person who manufactures, distributes, | ||||||
| 7 | or dispenses
any controlled substances; engages in chemical | ||||||
| 8 | analysis, research, or
instructional activities which utilize | ||||||
| 9 | controlled substances; purchases, stores, or administers | ||||||
| 10 | euthanasia drugs, within this
State; provides canine odor | ||||||
| 11 | detection services; proposes to engage in the
manufacture, | ||||||
| 12 | distribution, or dispensing of any controlled substance; | ||||||
| 13 | proposes to
engage in chemical analysis, research, or | ||||||
| 14 | instructional activities
which utilize controlled substances; | ||||||
| 15 | proposes to engage in purchasing, storing, or
administering | ||||||
| 16 | euthanasia drugs; or proposes to provide canine odor detection | ||||||
| 17 | services within this State, must obtain a
registration issued | ||||||
| 18 | by the Department of Financial and Professional Regulation in
| ||||||
| 19 | accordance with its rules. The rules shall
include, but not be | ||||||
| 20 | limited to, setting the expiration date and renewal
period for | ||||||
| 21 | each registration under this Act. The Department,
any facility | ||||||
| 22 | or service licensed by the Department, and any veterinary | ||||||
| 23 | hospital or clinic operated by a veterinarian or veterinarians | ||||||
| 24 | licensed under the Veterinary Medicine and Surgery Practice Act | ||||||
| 25 | of 2004 or maintained by a State-supported or publicly funded | ||||||
| |||||||
| |||||||
| 1 | university or college shall be exempt
from the regulation | ||||||
| 2 | requirements of this Section; however, such exemption shall not | ||||||
| 3 | operate to bar the University of Illinois from requesting, nor | ||||||
| 4 | the Department of Financial and Professional Regulation from | ||||||
| 5 | issuing, a registration to the University of Illinois | ||||||
| 6 | Veterinary Teaching Hospital under this Act. Neither a request | ||||||
| 7 | for such registration nor the issuance of such registration to | ||||||
| 8 | the University of Illinois shall operate to otherwise waive or | ||||||
| 9 | modify the exemption provided in this subsection (a).
| ||||||
| 10 | (b) Persons registered by the Department of Financial and | ||||||
| 11 | Professional Regulation
under this Act to manufacture, | ||||||
| 12 | distribute, or dispense controlled
substances, engage in | ||||||
| 13 | chemical analysis, research, or instructional activities which | ||||||
| 14 | utilize controlled substances, purchase, store, or administer | ||||||
| 15 | euthanasia drugs, or provide canine odor detection services, | ||||||
| 16 | may
possess, manufacture, distribute, engage in chemical | ||||||
| 17 | analysis, research, or instructional activities which utilize | ||||||
| 18 | controlled substances, dispense those
substances, or purchase, | ||||||
| 19 | store, or administer euthanasia drugs, or provide canine odor | ||||||
| 20 | detection services to the
extent authorized by their | ||||||
| 21 | registration and in conformity
with the other provisions of | ||||||
| 22 | this Article.
| ||||||
| 23 | (c) The following persons need not register and may | ||||||
| 24 | lawfully possess
controlled substances under this Act:
| ||||||
| 25 | (1) an agent or employee of any registered | ||||||
| 26 | manufacturer, distributor, or
dispenser of any controlled | ||||||
| |||||||
| |||||||
| 1 | substance if he or she is acting in the usual course
of his | ||||||
| 2 | or her employer's lawful business or employment;
| ||||||
| 3 | (2) a common or contract carrier or warehouseman, or an | ||||||
| 4 | agent or
employee thereof, whose possession of any | ||||||
| 5 | controlled substance is in the
usual lawful course of such | ||||||
| 6 | business or employment;
| ||||||
| 7 | (3) an ultimate user or a person in possession of a | ||||||
| 8 | controlled substance prescribed for the ultimate user | ||||||
| 9 | under a lawful prescription of a practitioner, including an | ||||||
| 10 | advanced practice nurse, practical nurse, or registered | ||||||
| 11 | nurse licensed under the Nurse Practice Act, or a physician | ||||||
| 12 | assistant licensed under the Physician Assistant Practice | ||||||
| 13 | Act of 1987, who provides hospice services to a hospice | ||||||
| 14 | patient or who provides home health services to a person, | ||||||
| 15 | or a person in possession of any controlled
substance | ||||||
| 16 | pursuant to a lawful prescription of a practitioner or in | ||||||
| 17 | lawful
possession of a Schedule V substance. In this | ||||||
| 18 | Section, "home health services" has the meaning ascribed to | ||||||
| 19 | it in the Home Health, Home Services, and Home Nursing | ||||||
| 20 | Agency Licensing Act; and "hospice patient" and "hospice | ||||||
| 21 | services" have the meanings ascribed to them in the Hospice | ||||||
| 22 | Program Licensing Act;
| ||||||
| 23 | (4) officers and employees of this State or of the | ||||||
| 24 | United States while
acting in the lawful course of their | ||||||
| 25 | official duties which requires
possession of controlled | ||||||
| 26 | substances;
| ||||||
| |||||||
| |||||||
| 1 | (5) a registered pharmacist who is employed in, or the | ||||||
| 2 | owner of, a
pharmacy licensed under this Act and the | ||||||
| 3 | Federal Controlled Substances Act,
at the licensed | ||||||
| 4 | location, or if he or she is acting in the usual course of | ||||||
| 5 | his or her
lawful profession, business, or employment; | ||||||
| 6 | (6) a holder of a temporary license issued under | ||||||
| 7 | Section 17 of the Medical Practice
Act of 1987 practicing | ||||||
| 8 | within the scope of that license and in compliance with the | ||||||
| 9 | rules adopted
under this Act. In addition to possessing | ||||||
| 10 | controlled substances, a temporary license holder may
| ||||||
| 11 | order, administer, and prescribe controlled substances | ||||||
| 12 | when acting within the scope of his or her
license and in | ||||||
| 13 | compliance with the rules adopted under this Act.
| ||||||
| 14 | (d) A separate registration is required at each place of
| ||||||
| 15 | business or professional practice where the applicant | ||||||
| 16 | manufactures,
distributes, or dispenses controlled substances, | ||||||
| 17 | or purchases, stores, or
administers euthanasia drugs.
Persons | ||||||
| 18 | are required to obtain a separate registration for each
place | ||||||
| 19 | of business or professional practice where controlled
| ||||||
| 20 | substances are located or stored. A separate registration is
| ||||||
| 21 | not required for every location at which a controlled substance
| ||||||
| 22 | may be prescribed.
| ||||||
| 23 | (e) The Department of Financial and Professional | ||||||
| 24 | Regulation or the Illinois
State Police may inspect the | ||||||
| 25 | controlled premises, as defined in Section
502 of this Act, of | ||||||
| 26 | a registrant or applicant for registration in
accordance with | ||||||
| |||||||
| |||||||
| 1 | this Act and the rules promulgated hereunder and with regard
to | ||||||
| 2 | persons licensed by the Department, in accordance with | ||||||
| 3 | subsection (bb)
of Section 30-5
of the Alcoholism and Other | ||||||
| 4 | Drug Abuse and Dependency Act and
the rules and
regulations | ||||||
| 5 | promulgated thereunder.
| ||||||
| 6 | (Source: P.A. 99-163, eff. 1-1-16; 99-247, eff. 8-3-15; revised | ||||||
| 7 | 10-16-15.)
| ||||||
| 8 | Section 545. The Code of Criminal Procedure of 1963 is | ||||||
| 9 | amended by changing Sections 111-8 and 115-17b as follows:
| ||||||
| 10 | (725 ILCS 5/111-8) (from Ch. 38, par. 111-8)
| ||||||
| 11 | Sec. 111-8. Orders of protection to prohibit domestic | ||||||
| 12 | violence.
| ||||||
| 13 | (a) Whenever
a violation of Section 9-1, 9-2, 9-3, 10-3, | ||||||
| 14 | 10-3.1, 10-4, 10-5, 11-1.20, 11-1.30, 11-1.40, 11-1.50, | ||||||
| 15 | 11-1.60, 11-14.3 that involves soliciting for a prostitute, | ||||||
| 16 | 11-14.4 that involves soliciting for a juvenile prostitute, | ||||||
| 17 | 11-15, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, 11-20a, 12-1,
| ||||||
| 18 | 12-2,
12-3, 12-3.05, 12-3.2, 12-3.3, 12-3.5, 12-4, 12-4.1, | ||||||
| 19 | 12-4.3,
12-4.6, 12-5, 12-6, 12-6.3, 12-7.3, 12-7.4, 12-7.5, | ||||||
| 20 | 12-11, 12-13, 12-14, 12-14.1, 12-15, 12-16, 19-4, 19-6, 21-1, | ||||||
| 21 | 21-2, 21-3, or 26.5-2
of the Criminal Code of 1961 or the | ||||||
| 22 | Criminal Code of 2012 or Section 1-1 of the Harassing and | ||||||
| 23 | Obscene Communications Act is alleged in an information, | ||||||
| 24 | complaint or indictment
on file, and the alleged offender and | ||||||
| |||||||
| |||||||
| 1 | victim are family or household members,
as defined in the | ||||||
| 2 | Illinois Domestic Violence Act of 1986, as now or hereafter | ||||||
| 3 | amended,
the People through the respective State's Attorneys | ||||||
| 4 | may by separate petition
and upon notice to the defendant, | ||||||
| 5 | except as provided in subsection (c) herein,
request the court | ||||||
| 6 | to issue an order of protection.
| ||||||
| 7 | (b) In addition to any other remedies specified in Section | ||||||
| 8 | 208 of the
Illinois Domestic Violence Act of 1986, as now or | ||||||
| 9 | hereafter amended, the order may
direct the defendant
to | ||||||
| 10 | initiate no contact with the alleged victim or victims who are | ||||||
| 11 | family
or household members and to refrain from entering the | ||||||
| 12 | residence, school
or place of business of the alleged victim or | ||||||
| 13 | victims.
| ||||||
| 14 | (c) The court may grant emergency relief without notice | ||||||
| 15 | upon a showing
of immediate and present danger of abuse to the | ||||||
| 16 | victim or minor children of the
victim and may enter a | ||||||
| 17 | temporary order pending notice and full hearing on the
matter.
| ||||||
| 18 | (Source: P.A. 96-1551, Article 1, Section 965, eff. 7-1-11; | ||||||
| 19 | P.A. 96-1551, Article 2, Section 1040, eff. 7-1-11; 97-1108, | ||||||
| 20 | eff. 1-1-13; 97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13; | ||||||
| 21 | revised 10-20-15.)
| ||||||
| 22 | (725 ILCS 5/115-17b) | ||||||
| 23 | Sec. 115-17b. Administrative subpoenas. | ||||||
| 24 | (a) Definitions. As used in this Section: | ||||||
| 25 | "Electronic communication services" and "remote | ||||||
| |||||||
| |||||||
| 1 | computing services" have the same meaning as provided in | ||||||
| 2 | the Electronic Communications Privacy Act in Chapter 121 | ||||||
| 3 | (commencing with Section 2701) of Part I of Title 18 of the | ||||||
| 4 | United States Code Annotated. | ||||||
| 5 | "Offense involving the sexual exploitation of | ||||||
| 6 | children" means an offense under Section 11-1.20, 11-1.30, | ||||||
| 7 | 11-1.40, 11-1.50, 11-1.60, 11-6, 11-6.5, 11-6.6, 11-9.1, | ||||||
| 8 | 11-14.4, 11-15.1, 11-17.1, 11-18.1, 11-19.1, 11-19.2, | ||||||
| 9 | 11-20.1, 11-20.1B, 11-20.3, 11-21, 11-23, 11-25, 11-26, | ||||||
| 10 | 12-13, 12-14, 12-14.1, 12-15, or 12-16 of the Criminal Code | ||||||
| 11 | of 1961 or the Criminal Code of 2012 or any attempt to | ||||||
| 12 | commit any of these offenses when the victim is under 18 | ||||||
| 13 | years of age. | ||||||
| 14 | (b) Subpoenas duces tecum. In any criminal investigation of | ||||||
| 15 | an offense involving the sexual exploitation of children, the | ||||||
| 16 | Attorney General, or his or her designee, or a State's | ||||||
| 17 | Attorney, or his or her designee, may issue in writing and | ||||||
| 18 | cause to be served subpoenas duces tecum to providers of | ||||||
| 19 | electronic communication services or remote computing services | ||||||
| 20 | requiring the production of records relevant to the | ||||||
| 21 | investigation. Any such request for records shall not extend | ||||||
| 22 | beyond requiring the provider to disclose the information | ||||||
| 23 | specified in 18 U.S.C. 2703(c)(2). Any subpoena duces tecum | ||||||
| 24 | issued under this Section shall be made returnable to the Chief | ||||||
| 25 | Judge of the Circuit Court for the Circuit in which the State's | ||||||
| 26 | Attorney resides, or his or her designee, or for subpoenas | ||||||
| |||||||
| |||||||
| 1 | issued by the Attorney General, the subpoena shall be made | ||||||
| 2 | returnable to the Chief Judge of the Circuit Court for the | ||||||
| 3 | Circuit to which the investigation pertains, or his or her | ||||||
| 4 | designee, to determine whether the documents are privileged and | ||||||
| 5 | whether the subpoena is unreasonable or oppressive. | ||||||
| 6 | (c) Contents of subpoena. A subpoena under this Section | ||||||
| 7 | shall describe the records or other things required to be | ||||||
| 8 | produced and prescribe a return date within a reasonable period | ||||||
| 9 | of time within which the objects or records can be assembled | ||||||
| 10 | and made available. | ||||||
| 11 | (c-5) Contemporaneous notice to Chief Judge. Whenever a | ||||||
| 12 | subpoena is issued under this Section, the Attorney General or | ||||||
| 13 | his or her designee or the State's Attorney or his or of her | ||||||
| 14 | designee shall be required to provide a copy of the subpoena to | ||||||
| 15 | the Chief Judge of the county in which the subpoena is | ||||||
| 16 | returnable. | ||||||
| 17 | (d) Modifying or quashing subpoena. At any time before the | ||||||
| 18 | return date specified in the subpoena, the person or entity to | ||||||
| 19 | whom the subpoena is directed may petition for an order | ||||||
| 20 | modifying or quashing the subpoena on the grounds that the | ||||||
| 21 | subpoena is oppressive or unreasonable or that the subpoena | ||||||
| 22 | seeks privileged documents or records. | ||||||
| 23 | (e) Ex parte order. An Illinois circuit court for the | ||||||
| 24 | circuit in which the subpoena is or will be issued, upon | ||||||
| 25 | application of the Attorney General, or his or her designee, or | ||||||
| 26 | State's Attorney, or his or her designee, may issue an ex parte | ||||||
| |||||||
| |||||||
| 1 | order that no person or entity disclose to any other person or | ||||||
| 2 | entity (other than persons necessary to comply with the | ||||||
| 3 | subpoena) the existence of such subpoena for a period of up to | ||||||
| 4 | 90 days. | ||||||
| 5 | (1) Such order may be issued upon a showing that the | ||||||
| 6 | things being sought may be relevant to the investigation | ||||||
| 7 | and there is reason to believe that such disclosure may | ||||||
| 8 | result in: | ||||||
| 9 | (A) endangerment to the life or physical safety of | ||||||
| 10 | any person; | ||||||
| 11 | (B) flight to avoid prosecution; | ||||||
| 12 | (C) destruction of or tampering with evidence; | ||||||
| 13 | (D) intimidation of potential witnesses; or | ||||||
| 14 | (E) otherwise seriously jeopardizing an | ||||||
| 15 | investigation or unduly delaying a trial. | ||||||
| 16 | (2) An order under this Section may be renewed for | ||||||
| 17 | additional periods of up to 90 days upon a showing that the | ||||||
| 18 | circumstances described in paragraph (1) of this | ||||||
| 19 | subsection (e) continue to exist. | ||||||
| 20 | (f) Enforcement. A witness who is duly subpoenaed who | ||||||
| 21 | neglects or refuses to comply with the subpoena shall be | ||||||
| 22 | proceeded against and punished for contempt of the court. A | ||||||
| 23 | subpoena duces tecum issued under this Section may be enforced | ||||||
| 24 | pursuant to the Uniform Act to Secure the Attendance of | ||||||
| 25 | Witnesses from Within or Without a State in Criminal | ||||||
| 26 | Proceedings. | ||||||
| |||||||
| |||||||
| 1 | (g) Immunity from civil liability. Notwithstanding any | ||||||
| 2 | federal, State, or local law, any person, including officers, | ||||||
| 3 | agents, and employees, receiving a subpoena under this Section, | ||||||
| 4 | who complies in good faith with the subpoena and thus produces | ||||||
| 5 | the materials sought, shall not be liable in any court of | ||||||
| 6 | Illinois to any customer or other person for such production or | ||||||
| 7 | for nondisclosure of that production to the customer.
| ||||||
| 8 | (Source: P.A. 97-475, eff. 8-22-11; 97-1150, eff. 1-25-13; | ||||||
| 9 | revised 10-16-15.)
| ||||||
| 10 | Section 550. The Rights of Crime Victims and Witnesses Act | ||||||
| 11 | is amended by changing Section 3 as follows:
| ||||||
| 12 | (725 ILCS 120/3) (from Ch. 38, par. 1403)
| ||||||
| 13 | Sec. 3. The terms used in this Act shall have the following | ||||||
| 14 | meanings:
| ||||||
| 15 | (a) "Crime victim" or "victim" means: (1) any natural | ||||||
| 16 | person determined by the prosecutor or the court to have | ||||||
| 17 | suffered direct physical or psychological harm as a result of a | ||||||
| 18 | violent crime perpetrated or attempted against that person or | ||||||
| 19 | direct physical or psychological harm as a result of (i) a | ||||||
| 20 | violation of Section 11-501 of the Illinois Vehicle Code or | ||||||
| 21 | similar provision of a local ordinance or (ii) a violation of | ||||||
| 22 | Section 9-3 of the Criminal Code of 1961 or the Criminal Code | ||||||
| 23 | of 2012; (2) in the case of a crime victim who is under 18 years | ||||||
| 24 | of age or an adult victim who is incompetent or incapacitated, | ||||||
| |||||||
| |||||||
| 1 | both parents, legal guardians, foster parents, or a single | ||||||
| 2 | adult representative; (3) in the case of an adult deceased | ||||||
| 3 | victim, 2 representatives who may be the spouse, parent, child | ||||||
| 4 | or sibling of the victim, or the representative of the victim's | ||||||
| 5 | estate; and (4) an immediate family member of a victim under | ||||||
| 6 | clause (1) of this paragraph (a) chosen by the victim. If the | ||||||
| 7 | victim is 18 years of age or over, the victim may choose any | ||||||
| 8 | person to be the victim's representative. In no event shall the | ||||||
| 9 | defendant or any person who aided and abetted in the commission | ||||||
| 10 | of the crime be considered a victim, a crime victim, or a | ||||||
| 11 | representative of the victim. | ||||||
| 12 | A board, agency, or other governmental entity making | ||||||
| 13 | decisions regarding an offender's release, sentence reduction, | ||||||
| 14 | or clemency can determine additional persons are victims for | ||||||
| 15 | the purpose of its proceedings. person with a disability
| ||||||
| 16 | (a-3) "Advocate" means a person whose communications with | ||||||
| 17 | the victim are privileged under Section 8-802.1 or 8-802.2 of | ||||||
| 18 | the Code of Civil Procedure, or Section 227 of the Illinois | ||||||
| 19 | Domestic Violence Act of 1986. | ||||||
| 20 | (a-5) "Confer" means to consult together, share | ||||||
| 21 | information, compare opinions and carry on a discussion or | ||||||
| 22 | deliberation. | ||||||
| 23 | (a-7) "Sentence" includes, but is not limited to, the | ||||||
| 24 | imposition of sentence, a request for a reduction in sentence, | ||||||
| 25 | parole, mandatory supervised release, aftercare release, early | ||||||
| 26 | release, clemency, or a proposal that would reduce the | ||||||
| |||||||
| |||||||
| 1 | defendant's sentence or result in the defendant's release. | ||||||
| 2 | "Early release" refers to a discretionary release. | ||||||
| 3 | (a-9) "Sentencing" includes, but is not limited to, the | ||||||
| 4 | imposition of sentence and a request for a reduction in | ||||||
| 5 | sentence, parole, mandatory supervised release, aftercare | ||||||
| 6 | release, or early release. | ||||||
| 7 | (b) "Witness" means any person who personally observed the | ||||||
| 8 | commission of
a crime and who will testify on behalf of the | ||||||
| 9 | State of Illinois.
| ||||||
| 10 | (c) "Violent crime Crime" means: (1) any felony in which | ||||||
| 11 | force or threat of force was
used against the victim; (2) any | ||||||
| 12 | offense involving sexual exploitation, sexual
conduct, or | ||||||
| 13 | sexual penetration; (3) a violation of Section 11-20.1, | ||||||
| 14 | 11-20.1B, 11-20.3, or 11-23.5 of the Criminal Code of 1961 or | ||||||
| 15 | the Criminal Code of 2012; (4) domestic battery or , stalking; | ||||||
| 16 | (5) violation of an order of
protection, a civil no contact | ||||||
| 17 | order, or a stalking no contact order; (6) any misdemeanor | ||||||
| 18 | which results in death or great bodily
harm to the victim; or | ||||||
| 19 | (7) any violation of Section 9-3 of the Criminal Code of
1961 | ||||||
| 20 | or the Criminal Code of 2012, or Section 11-501 of the Illinois | ||||||
| 21 | Vehicle
Code, or a similar provision of a local ordinance, if | ||||||
| 22 | the violation resulted
in personal injury or death. "Violent | ||||||
| 23 | crime" includes any action committed by a juvenile
that would | ||||||
| 24 | be a violent crime if committed by an adult. For the purposes | ||||||
| 25 | of
this paragraph, "personal injury" shall include any Type A | ||||||
| 26 | injury as indicated
on the traffic accident report completed by | ||||||
| |||||||
| |||||||
| 1 | a law enforcement officer that
requires immediate professional | ||||||
| 2 | attention in either a doctor's office or
medical facility. A | ||||||
| 3 | type A injury shall include severely bleeding wounds,
distorted | ||||||
| 4 | extremities, and injuries that require the injured party to be
| ||||||
| 5 | carried from the scene.
| ||||||
| 6 | (d) (Blank).
| ||||||
| 7 | (e) "Court proceedings" includes, but is not limited to, | ||||||
| 8 | the preliminary hearing, any post-arraignment hearing the
| ||||||
| 9 | effect of which may be the release of the defendant from | ||||||
| 10 | custody or to alter
the conditions of bond, change of plea | ||||||
| 11 | hearing, the trial, any pretrial or post-trial hearing, | ||||||
| 12 | sentencing, any oral argument or hearing before an Illinois | ||||||
| 13 | appellate court, any hearing under the Mental Health and | ||||||
| 14 | Developmental Disabilities Code after a finding that the | ||||||
| 15 | defendant is not guilty by reason of insanity, any
hearing | ||||||
| 16 | related to a modification of sentence, probation revocation | ||||||
| 17 | hearing, aftercare release or parole hearings, post-conviction | ||||||
| 18 | relief proceedings, habeas corpus proceedings and clemency | ||||||
| 19 | proceedings related to the defendant's conviction or sentence. | ||||||
| 20 | For purposes of the victim's right to be present, "court | ||||||
| 21 | proceedings" does not include (1) hearings under Section 109-1 | ||||||
| 22 | of the Code of Criminal Procedure of 1963, (2) grand jury | ||||||
| 23 | proceedings, (3) status hearings, or (4) the issuance of an | ||||||
| 24 | order or decision of an Illinois court that dismisses a charge, | ||||||
| 25 | reverses a conviction, reduces a sentence, or releases an | ||||||
| 26 | offender under a court rule.
| ||||||
| |||||||
| |||||||
| 1 | (f) "Concerned citizen"
includes relatives of the victim, | ||||||
| 2 | friends of the victim, witnesses to the
crime, or any other | ||||||
| 3 | person associated with the victim or prisoner. | ||||||
| 4 | (g) "Victim's attorney" means an attorney retained by the | ||||||
| 5 | victim for the purposes of asserting the victim's | ||||||
| 6 | constitutional and statutory rights. An attorney retained by | ||||||
| 7 | the victim means an attorney who is hired to represent the | ||||||
| 8 | victim at the victim's expense or an attorney who has agreed to | ||||||
| 9 | provide pro bono representation. Nothing in this statute | ||||||
| 10 | creates a right to counsel at public expense for a victim. | ||||||
| 11 | (Source: P.A. 98-558, eff. 1-1-14; 99-143, eff. 7-27-15; | ||||||
| 12 | 99-413, eff. 8-20-15; revised 10-19-15.)
| ||||||
| 13 | Section 555. The Witness Protection Act is amended by | ||||||
| 14 | changing Section 2 as follows:
| ||||||
| 15 | (725 ILCS 245/2) (from Ch. 38, par. 155-22)
| ||||||
| 16 | Sec. 2.
The Illinois Law Enforcement Commission with | ||||||
| 17 | respect to federal grant moneys
received by such Commission | ||||||
| 18 | prior to January 1, 1983, may make grants prior
to April 1, | ||||||
| 19 | 1983 to the several State's Attorneys
states attorneys of the | ||||||
| 20 | State of Illinois. Such grants may be made to any
State's | ||||||
| 21 | Attorney states attorney who applies for funds to provide for | ||||||
| 22 | protection of
witnesses and the families and property of | ||||||
| 23 | witnesses involved in criminal
investigations and | ||||||
| 24 | prosecutions.
| ||||||
| |||||||
| |||||||
| 1 | (Source: P.A. 82-1039; revised 10-16-15.)
| ||||||
| 2 | Section 560. The Unified Code of Corrections is amended by | ||||||
| 3 | changing Sections 3-6-3, 5-4-3b, 5-5-3.1, 5-5-3.2, 5-5.5-5, | ||||||
| 4 | and 5-6-3.1 as follows:
| ||||||
| 5 | (730 ILCS 5/3-6-3) (from Ch. 38, par. 1003-6-3)
| ||||||
| 6 | Sec. 3-6-3. Rules and Regulations for Sentence Credit.
| ||||||
| 7 | (a) (1) The Department of Corrections shall prescribe | ||||||
| 8 | rules
and regulations for awarding and revoking sentence | ||||||
| 9 | credit for persons committed to the Department which shall
| ||||||
| 10 | be subject to review by the Prisoner Review Board.
| ||||||
| 11 | (1.5) As otherwise provided by law, sentence credit may | ||||||
| 12 | be awarded for the following: | ||||||
| 13 | (A) successful completion of programming while in | ||||||
| 14 | custody of the Department or while in custody prior to | ||||||
| 15 | sentencing; | ||||||
| 16 | (B) compliance with the rules and regulations of | ||||||
| 17 | the Department; or | ||||||
| 18 | (C) service to the institution, service to a | ||||||
| 19 | community, or service to the State. | ||||||
| 20 | (2) The rules and regulations on sentence credit shall | ||||||
| 21 | provide, with
respect to offenses listed in clause (i), | ||||||
| 22 | (ii), or (iii) of this paragraph (2) committed on or after | ||||||
| 23 | June 19, 1998 or with respect to the offense listed in | ||||||
| 24 | clause (iv) of this paragraph (2) committed on or after | ||||||
| |||||||
| |||||||
| 1 | June 23, 2005 (the effective date of Public Act 94-71) or | ||||||
| 2 | with
respect to offense listed in clause (vi)
committed on | ||||||
| 3 | or after June 1, 2008 (the effective date of Public Act | ||||||
| 4 | 95-625)
or with respect to the offense of being an armed | ||||||
| 5 | habitual criminal committed on or after August 2, 2005 (the | ||||||
| 6 | effective date of Public Act 94-398) or with respect to the | ||||||
| 7 | offenses listed in clause (v) of this paragraph (2) | ||||||
| 8 | committed on or after August 13, 2007 (the effective date | ||||||
| 9 | of Public Act 95-134) or with respect to the offense of | ||||||
| 10 | aggravated domestic battery committed on or after July 23, | ||||||
| 11 | 2010 (the effective date of Public Act 96-1224) or with | ||||||
| 12 | respect to the offense of attempt to commit terrorism | ||||||
| 13 | committed on or after January 1, 2013 (the effective date | ||||||
| 14 | of Public Act 97-990), the following:
| ||||||
| 15 | (i) that a prisoner who is serving a term of | ||||||
| 16 | imprisonment for first
degree murder or for the offense | ||||||
| 17 | of terrorism shall receive no sentence
credit and shall | ||||||
| 18 | serve the entire
sentence imposed by the court;
| ||||||
| 19 | (ii) that a prisoner serving a sentence for attempt | ||||||
| 20 | to commit terrorism, attempt to commit first
degree | ||||||
| 21 | murder, solicitation of murder, solicitation of murder | ||||||
| 22 | for hire,
intentional homicide of an unborn child, | ||||||
| 23 | predatory criminal sexual assault of a
child, | ||||||
| 24 | aggravated criminal sexual assault, criminal sexual | ||||||
| 25 | assault, aggravated
kidnapping, aggravated battery | ||||||
| 26 | with a firearm as described in Section 12-4.2 or | ||||||
| |||||||
| |||||||
| 1 | subdivision (e)(1), (e)(2), (e)(3), or (e)(4) of | ||||||
| 2 | Section 12-3.05, heinous battery as described in | ||||||
| 3 | Section 12-4.1 or subdivision (a)(2) of Section | ||||||
| 4 | 12-3.05, being an armed habitual criminal, aggravated
| ||||||
| 5 | battery of a senior citizen as described in Section | ||||||
| 6 | 12-4.6 or subdivision (a)(4) of Section 12-3.05, or | ||||||
| 7 | aggravated battery of a child as described in Section | ||||||
| 8 | 12-4.3 or subdivision (b)(1) of Section 12-3.05 shall | ||||||
| 9 | receive no
more than 4.5 days of sentence credit for | ||||||
| 10 | each month of his or her sentence
of imprisonment;
| ||||||
| 11 | (iii) that a prisoner serving a sentence
for home | ||||||
| 12 | invasion, armed robbery, aggravated vehicular | ||||||
| 13 | hijacking,
aggravated discharge of a firearm, or armed | ||||||
| 14 | violence with a category I weapon
or category II | ||||||
| 15 | weapon, when the court
has made and entered a finding, | ||||||
| 16 | pursuant to subsection (c-1) of Section 5-4-1
of this | ||||||
| 17 | Code, that the conduct leading to conviction for the | ||||||
| 18 | enumerated offense
resulted in great bodily harm to a | ||||||
| 19 | victim, shall receive no more than 4.5 days
of sentence | ||||||
| 20 | credit for each month of his or her sentence of | ||||||
| 21 | imprisonment;
| ||||||
| 22 | (iv) that a prisoner serving a sentence for | ||||||
| 23 | aggravated discharge of a firearm, whether or not the | ||||||
| 24 | conduct leading to conviction for the offense resulted | ||||||
| 25 | in great bodily harm to the victim, shall receive no | ||||||
| 26 | more than 4.5 days of sentence credit for each month of | ||||||
| |||||||
| |||||||
| 1 | his or her sentence of imprisonment;
| ||||||
| 2 | (v) that a person serving a sentence for | ||||||
| 3 | gunrunning, narcotics racketeering, controlled | ||||||
| 4 | substance trafficking, methamphetamine trafficking, | ||||||
| 5 | drug-induced homicide, aggravated | ||||||
| 6 | methamphetamine-related child endangerment, money | ||||||
| 7 | laundering pursuant to clause (c) (4) or (5) of Section | ||||||
| 8 | 29B-1 of the Criminal Code of 1961 or the Criminal Code | ||||||
| 9 | of 2012, or a Class X felony conviction for delivery of | ||||||
| 10 | a controlled substance, possession of a controlled | ||||||
| 11 | substance with intent to manufacture or deliver, | ||||||
| 12 | calculated criminal drug conspiracy, criminal drug | ||||||
| 13 | conspiracy, street gang criminal drug conspiracy, | ||||||
| 14 | participation in methamphetamine manufacturing, | ||||||
| 15 | aggravated participation in methamphetamine | ||||||
| 16 | manufacturing, delivery of methamphetamine, possession | ||||||
| 17 | with intent to deliver methamphetamine, aggravated | ||||||
| 18 | delivery of methamphetamine, aggravated possession | ||||||
| 19 | with intent to deliver methamphetamine, | ||||||
| 20 | methamphetamine conspiracy when the substance | ||||||
| 21 | containing the controlled substance or methamphetamine | ||||||
| 22 | is 100 grams or more shall receive no more than 7.5 | ||||||
| 23 | days sentence credit for each month of his or her | ||||||
| 24 | sentence of imprisonment;
| ||||||
| 25 | (vi)
that a prisoner serving a sentence for a | ||||||
| 26 | second or subsequent offense of luring a minor shall | ||||||
| |||||||
| |||||||
| 1 | receive no more than 4.5 days of sentence credit for | ||||||
| 2 | each month of his or her sentence of imprisonment; and
| ||||||
| 3 | (vii) that a prisoner serving a sentence for | ||||||
| 4 | aggravated domestic battery shall receive no more than | ||||||
| 5 | 4.5 days of sentence credit for each month of his or | ||||||
| 6 | her sentence of imprisonment. | ||||||
| 7 | (2.1) For all offenses, other than those enumerated in | ||||||
| 8 | subdivision (a)(2)(i), (ii), or (iii)
committed on or after | ||||||
| 9 | June 19, 1998 or subdivision (a)(2)(iv) committed on or | ||||||
| 10 | after June 23, 2005 (the effective date of Public Act | ||||||
| 11 | 94-71) or subdivision (a)(2)(v) committed on or after | ||||||
| 12 | August 13, 2007 (the effective date of Public Act 95-134)
| ||||||
| 13 | or subdivision (a)(2)(vi) committed on or after June 1, | ||||||
| 14 | 2008 (the effective date of Public Act 95-625) or | ||||||
| 15 | subdivision (a)(2)(vii) committed on or after July 23, 2010 | ||||||
| 16 | (the effective date of Public Act 96-1224), and other than | ||||||
| 17 | the offense of aggravated driving under the influence of | ||||||
| 18 | alcohol, other drug or drugs, or
intoxicating compound or | ||||||
| 19 | compounds, or any combination thereof as defined in
| ||||||
| 20 | subparagraph (F) of paragraph (1) of subsection (d) of | ||||||
| 21 | Section 11-501 of the
Illinois Vehicle Code, and other than | ||||||
| 22 | the offense of aggravated driving under the influence of | ||||||
| 23 | alcohol,
other drug or drugs, or intoxicating compound or | ||||||
| 24 | compounds, or any combination
thereof as defined in | ||||||
| 25 | subparagraph (C) of paragraph (1) of subsection (d) of
| ||||||
| 26 | Section 11-501 of the Illinois Vehicle Code committed on or | ||||||
| |||||||
| |||||||
| 1 | after January 1, 2011 (the effective date of Public Act | ||||||
| 2 | 96-1230),
the rules and regulations shall
provide that a | ||||||
| 3 | prisoner who is serving a term of
imprisonment shall | ||||||
| 4 | receive one day of sentence credit for each day of
his or | ||||||
| 5 | her sentence of imprisonment or recommitment under Section | ||||||
| 6 | 3-3-9.
Each day of sentence credit shall reduce by one day | ||||||
| 7 | the prisoner's period
of imprisonment or recommitment | ||||||
| 8 | under Section 3-3-9.
| ||||||
| 9 | (2.2) A prisoner serving a term of natural life | ||||||
| 10 | imprisonment or a
prisoner who has been sentenced to death | ||||||
| 11 | shall receive no sentence
credit.
| ||||||
| 12 | (2.3) The rules and regulations on sentence credit | ||||||
| 13 | shall provide that
a prisoner who is serving a sentence for | ||||||
| 14 | aggravated driving under the influence of alcohol,
other | ||||||
| 15 | drug or drugs, or intoxicating compound or compounds, or | ||||||
| 16 | any combination
thereof as defined in subparagraph (F) of | ||||||
| 17 | paragraph (1) of subsection (d) of
Section 11-501 of the | ||||||
| 18 | Illinois Vehicle Code, shall receive no more than 4.5
days | ||||||
| 19 | of sentence credit for each month of his or her sentence of
| ||||||
| 20 | imprisonment.
| ||||||
| 21 | (2.4) The rules and regulations on sentence credit | ||||||
| 22 | shall provide with
respect to the offenses of aggravated | ||||||
| 23 | battery with a machine gun or a firearm
equipped with any | ||||||
| 24 | device or attachment designed or used for silencing the
| ||||||
| 25 | report of a firearm or aggravated discharge of a machine | ||||||
| 26 | gun or a firearm
equipped with any device or attachment | ||||||
| |||||||
| |||||||
| 1 | designed or used for silencing the
report of a firearm, | ||||||
| 2 | committed on or after
July 15, 1999 (the effective date of | ||||||
| 3 | Public Act 91-121),
that a prisoner serving a sentence for | ||||||
| 4 | any of these offenses shall receive no
more than 4.5 days | ||||||
| 5 | of sentence credit for each month of his or her sentence
of | ||||||
| 6 | imprisonment.
| ||||||
| 7 | (2.5) The rules and regulations on sentence credit | ||||||
| 8 | shall provide that a
prisoner who is serving a sentence for | ||||||
| 9 | aggravated arson committed on or after
July 27, 2001 (the | ||||||
| 10 | effective date of Public Act 92-176) shall receive no more | ||||||
| 11 | than
4.5 days of sentence credit for each month of his or | ||||||
| 12 | her sentence of
imprisonment.
| ||||||
| 13 | (2.6) The rules and regulations on sentence credit | ||||||
| 14 | shall provide that a
prisoner who is serving a sentence for | ||||||
| 15 | aggravated driving under the influence of alcohol,
other | ||||||
| 16 | drug or drugs, or intoxicating compound or compounds or any | ||||||
| 17 | combination
thereof as defined in subparagraph (C) of | ||||||
| 18 | paragraph (1) of subsection (d) of
Section 11-501 of the | ||||||
| 19 | Illinois Vehicle Code committed on or after January 1, 2011 | ||||||
| 20 | (the effective date of Public Act 96-1230) shall receive no | ||||||
| 21 | more than 4.5
days of sentence credit for each month of his | ||||||
| 22 | or her sentence of
imprisonment. | ||||||
| 23 | (3) The rules and regulations shall also provide that
| ||||||
| 24 | the Director may award up to 180 days additional sentence
| ||||||
| 25 | credit for good conduct in specific instances as the
| ||||||
| 26 | Director deems proper. The good conduct may include, but is | ||||||
| |||||||
| |||||||
| 1 | not limited to, compliance with the rules and regulations | ||||||
| 2 | of the Department, service to the Department, service to a | ||||||
| 3 | community, or service to the State. However, the Director | ||||||
| 4 | shall not award more than 90 days
of sentence credit for | ||||||
| 5 | good conduct to any prisoner who is serving a sentence for
| ||||||
| 6 | conviction of first degree murder, reckless homicide while | ||||||
| 7 | under the
influence of alcohol or any other drug,
or | ||||||
| 8 | aggravated driving under the influence of alcohol, other | ||||||
| 9 | drug or drugs, or
intoxicating compound or compounds, or | ||||||
| 10 | any combination thereof as defined in
subparagraph (F) of | ||||||
| 11 | paragraph (1) of subsection (d) of Section 11-501 of the
| ||||||
| 12 | Illinois Vehicle Code, aggravated kidnapping, kidnapping,
| ||||||
| 13 | predatory criminal sexual assault of a child,
aggravated | ||||||
| 14 | criminal sexual assault, criminal sexual assault, deviate | ||||||
| 15 | sexual
assault, aggravated criminal sexual abuse, | ||||||
| 16 | aggravated indecent liberties
with a child, indecent | ||||||
| 17 | liberties with a child, child pornography, heinous
battery | ||||||
| 18 | as described in Section 12-4.1 or subdivision (a)(2) of | ||||||
| 19 | Section 12-3.05, aggravated battery of a spouse, | ||||||
| 20 | aggravated battery of a spouse
with a firearm, stalking, | ||||||
| 21 | aggravated stalking, aggravated battery of a child as | ||||||
| 22 | described in Section 12-4.3 or subdivision (b)(1) of | ||||||
| 23 | Section 12-3.05,
endangering the life or health of a child, | ||||||
| 24 | or cruelty to a child. Notwithstanding the foregoing, | ||||||
| 25 | sentence credit for
good conduct shall not be awarded on a
| ||||||
| 26 | sentence of imprisonment imposed for conviction of: (i) one | ||||||
| |||||||
| |||||||
| 1 | of the offenses
enumerated in subdivision (a)(2)(i), (ii), | ||||||
| 2 | or (iii) when the offense is committed on or after
June 19, | ||||||
| 3 | 1998 or subdivision (a)(2)(iv) when the offense is | ||||||
| 4 | committed on or after June 23, 2005 (the effective date of | ||||||
| 5 | Public Act 94-71) or subdivision (a)(2)(v) when the offense | ||||||
| 6 | is committed on or after August 13, 2007 (the effective | ||||||
| 7 | date of Public Act 95-134)
or subdivision (a)(2)(vi) when | ||||||
| 8 | the offense is committed on or after June 1, 2008 (the | ||||||
| 9 | effective date of Public Act 95-625) or subdivision | ||||||
| 10 | (a)(2)(vii) when the offense is committed on or after July | ||||||
| 11 | 23, 2010 (the effective date of Public Act 96-1224), (ii) | ||||||
| 12 | aggravated driving under the influence of alcohol, other | ||||||
| 13 | drug or drugs, or
intoxicating compound or compounds, or | ||||||
| 14 | any combination thereof as defined in
subparagraph (F) of | ||||||
| 15 | paragraph (1) of subsection (d) of Section 11-501 of the
| ||||||
| 16 | Illinois Vehicle Code, (iii) one of the offenses enumerated | ||||||
| 17 | in subdivision
(a)(2.4) when the offense is committed on or | ||||||
| 18 | after
July 15, 1999 (the effective date of Public Act | ||||||
| 19 | 91-121),
(iv) aggravated arson when the offense is | ||||||
| 20 | committed
on or after July 27, 2001 (the effective date of | ||||||
| 21 | Public Act 92-176), (v) offenses that may subject the | ||||||
| 22 | offender to commitment under the Sexually Violent Persons | ||||||
| 23 | Commitment Act, or (vi) aggravated driving under the | ||||||
| 24 | influence of alcohol,
other drug or drugs, or intoxicating | ||||||
| 25 | compound or compounds or any combination
thereof as defined | ||||||
| 26 | in subparagraph (C) of paragraph (1) of subsection (d) of
| ||||||
| |||||||
| |||||||
| 1 | Section 11-501 of the Illinois Vehicle Code committed on or | ||||||
| 2 | after January 1, 2011 (the effective date of Public Act | ||||||
| 3 | 96-1230).
| ||||||
| 4 | Eligible inmates for an award of sentence credit under
this | ||||||
| 5 | paragraph (3) may be selected to receive the credit at
the | ||||||
| 6 | Director's or his or her designee's sole discretion.
| ||||||
| 7 | Consideration may be based on, but not limited to, any
| ||||||
| 8 | available risk assessment analysis on the inmate, any history | ||||||
| 9 | of conviction for violent crimes as defined by the Rights of | ||||||
| 10 | Crime Victims and Witnesses Act, facts and circumstances of the | ||||||
| 11 | inmate's holding offense or offenses, and the potential for | ||||||
| 12 | rehabilitation. | ||||||
| 13 | The Director shall not award sentence credit under this | ||||||
| 14 | paragraph (3) to an inmate unless the inmate has served a | ||||||
| 15 | minimum of 60 days of the sentence; except nothing in this | ||||||
| 16 | paragraph shall be construed to permit the Director to extend | ||||||
| 17 | an inmate's sentence beyond that which was imposed by the | ||||||
| 18 | court. Prior to awarding credit under this paragraph (3), the | ||||||
| 19 | Director shall make a written determination that the inmate: | ||||||
| 20 | (A) is eligible for the sentence credit; | ||||||
| 21 | (B) has served a minimum of 60 days, or as close to | ||||||
| 22 | 60 days as the sentence will allow; and | ||||||
| 23 | (C) has met the eligibility criteria established | ||||||
| 24 | by rule. | ||||||
| 25 | The Director shall determine the form and content of | ||||||
| 26 | the written determination required in this subsection. | ||||||
| |||||||
| |||||||
| 1 | (3.5) The Department shall provide annual written | ||||||
| 2 | reports to the Governor and the General Assembly on the | ||||||
| 3 | award of sentence credit for good conduct, with the first | ||||||
| 4 | report due January 1, 2014. The Department must publish | ||||||
| 5 | both reports on its website within 48 hours of transmitting | ||||||
| 6 | the reports to the Governor and the General Assembly. The | ||||||
| 7 | reports must include: | ||||||
| 8 | (A) the number of inmates awarded sentence credit | ||||||
| 9 | for good conduct; | ||||||
| 10 | (B) the average amount of sentence credit for good | ||||||
| 11 | conduct awarded; | ||||||
| 12 | (C) the holding offenses of inmates awarded | ||||||
| 13 | sentence credit for good conduct; and | ||||||
| 14 | (D) the number of sentence credit for good conduct | ||||||
| 15 | revocations. | ||||||
| 16 | (4) The rules and regulations shall also provide that | ||||||
| 17 | the sentence
credit accumulated and retained under | ||||||
| 18 | paragraph (2.1) of subsection (a) of
this Section by any | ||||||
| 19 | inmate during specific periods of time in which such
inmate | ||||||
| 20 | is engaged full-time in substance abuse programs, | ||||||
| 21 | correctional
industry assignments, educational programs, | ||||||
| 22 | behavior modification programs, life skills courses, or | ||||||
| 23 | re-entry planning provided by the Department
under this | ||||||
| 24 | paragraph (4) and satisfactorily completes the assigned | ||||||
| 25 | program as
determined by the standards of the Department, | ||||||
| 26 | shall be multiplied by a factor
of 1.25 for program | ||||||
| |||||||
| |||||||
| 1 | participation before August 11, 1993
and 1.50 for program | ||||||
| 2 | participation on or after that date.
The rules and | ||||||
| 3 | regulations shall also provide that sentence credit, | ||||||
| 4 | subject to the same offense limits and multiplier provided | ||||||
| 5 | in this paragraph, may be provided to an inmate who was | ||||||
| 6 | held in pre-trial detention prior to his or her current | ||||||
| 7 | commitment to the Department of Corrections and | ||||||
| 8 | successfully completed a full-time, 60-day or longer | ||||||
| 9 | substance abuse program, educational program, behavior | ||||||
| 10 | modification program, life skills course, or re-entry | ||||||
| 11 | planning provided by the county department of corrections | ||||||
| 12 | or county jail. Calculation of this county program credit | ||||||
| 13 | shall be done at sentencing as provided in Section | ||||||
| 14 | 5-4.5-100 of this Code and shall be included in the | ||||||
| 15 | sentencing order. However, no inmate shall be eligible for | ||||||
| 16 | the additional sentence credit
under this paragraph (4) or | ||||||
| 17 | (4.1) of this subsection (a) while assigned to a boot camp
| ||||||
| 18 | or electronic detention, or if convicted of an offense | ||||||
| 19 | enumerated in
subdivision (a)(2)(i), (ii), or (iii) of this | ||||||
| 20 | Section that is committed on or after June 19,
1998 or | ||||||
| 21 | subdivision (a)(2)(iv) of this Section that is committed on | ||||||
| 22 | or after June 23, 2005 (the effective date of Public Act | ||||||
| 23 | 94-71) or subdivision (a)(2)(v) of this Section that is | ||||||
| 24 | committed on or after August 13, 2007 (the effective date | ||||||
| 25 | of Public Act 95-134)
or subdivision (a)(2)(vi) when the | ||||||
| 26 | offense is committed on or after June 1, 2008 (the | ||||||
| |||||||
| |||||||
| 1 | effective date of Public Act 95-625) or subdivision | ||||||
| 2 | (a)(2)(vii) when the offense is committed on or after July | ||||||
| 3 | 23, 2010 (the effective date of Public Act 96-1224), or if | ||||||
| 4 | convicted of aggravated driving under the influence of | ||||||
| 5 | alcohol, other drug or drugs, or
intoxicating compound or | ||||||
| 6 | compounds or any combination thereof as defined in
| ||||||
| 7 | subparagraph (F) of paragraph (1) of subsection (d) of | ||||||
| 8 | Section 11-501 of the
Illinois Vehicle Code, or if | ||||||
| 9 | convicted of aggravated driving under the influence of | ||||||
| 10 | alcohol,
other drug or drugs, or intoxicating compound or | ||||||
| 11 | compounds or any combination
thereof as defined in | ||||||
| 12 | subparagraph (C) of paragraph (1) of subsection (d) of
| ||||||
| 13 | Section 11-501 of the Illinois Vehicle Code committed on or | ||||||
| 14 | after January 1, 2011 (the effective date of Public Act | ||||||
| 15 | 96-1230), or if convicted of an offense enumerated in | ||||||
| 16 | paragraph
(a)(2.4) of this Section that is committed on or | ||||||
| 17 | after
July 15, 1999 (the effective date of Public Act | ||||||
| 18 | 91-121),
or first degree murder, a Class X felony, criminal | ||||||
| 19 | sexual
assault, felony criminal sexual abuse, aggravated | ||||||
| 20 | criminal sexual abuse,
aggravated battery with a firearm as | ||||||
| 21 | described in Section 12-4.2 or subdivision (e)(1), (e)(2), | ||||||
| 22 | (e)(3), or (e)(4) of Section 12-3.05, or any predecessor or | ||||||
| 23 | successor offenses
with the same or substantially the same | ||||||
| 24 | elements, or any inchoate offenses
relating to the | ||||||
| 25 | foregoing offenses. No inmate shall be eligible for the
| ||||||
| 26 | additional good conduct credit under this paragraph (4) who | ||||||
| |||||||
| |||||||
| 1 | (i) has previously
received increased good conduct credit | ||||||
| 2 | under this paragraph (4) and has
subsequently been | ||||||
| 3 | convicted of a
felony, or (ii) has previously served more | ||||||
| 4 | than one prior sentence of
imprisonment for a felony in an | ||||||
| 5 | adult correctional facility.
| ||||||
| 6 | Educational, vocational, substance abuse, behavior | ||||||
| 7 | modification programs, life skills courses, re-entry | ||||||
| 8 | planning, and correctional
industry programs under which | ||||||
| 9 | sentence credit may be increased under
this paragraph (4) | ||||||
| 10 | and paragraph (4.1) of this subsection (a) shall be | ||||||
| 11 | evaluated by the Department on the basis of
documented | ||||||
| 12 | standards. The Department shall report the results of these
| ||||||
| 13 | evaluations to the Governor and the General Assembly by | ||||||
| 14 | September 30th of each
year. The reports shall include data | ||||||
| 15 | relating to the recidivism rate among
program | ||||||
| 16 | participants.
| ||||||
| 17 | Availability of these programs shall be subject to the
| ||||||
| 18 | limits of fiscal resources appropriated by the General | ||||||
| 19 | Assembly for these
purposes. Eligible inmates who are | ||||||
| 20 | denied immediate admission shall be
placed on a waiting | ||||||
| 21 | list under criteria established by the Department.
The | ||||||
| 22 | inability of any inmate to become engaged in any such | ||||||
| 23 | programs
by reason of insufficient program resources or for | ||||||
| 24 | any other reason
established under the rules and | ||||||
| 25 | regulations of the Department shall not be
deemed a cause | ||||||
| 26 | of action under which the Department or any employee or
| ||||||
| |||||||
| |||||||
| 1 | agent of the Department shall be liable for damages to the | ||||||
| 2 | inmate.
| ||||||
| 3 | (4.1) The rules and regulations shall also provide that | ||||||
| 4 | an additional 90 days of sentence credit shall be awarded | ||||||
| 5 | to any prisoner who passes high school equivalency testing | ||||||
| 6 | while the prisoner is committed to the Department of | ||||||
| 7 | Corrections. The sentence credit awarded under this | ||||||
| 8 | paragraph (4.1) shall be in addition to, and shall not | ||||||
| 9 | affect, the award of sentence credit under any other | ||||||
| 10 | paragraph of this Section, but shall also be pursuant to | ||||||
| 11 | the guidelines and restrictions set forth in paragraph (4) | ||||||
| 12 | of subsection (a) of this Section.
The sentence credit | ||||||
| 13 | provided for in this paragraph shall be available only to | ||||||
| 14 | those prisoners who have not previously earned a high | ||||||
| 15 | school diploma or a high school equivalency certificate. | ||||||
| 16 | If, after an award of the high school equivalency testing | ||||||
| 17 | sentence credit has been made, the Department determines | ||||||
| 18 | that the prisoner was not eligible, then the award shall be | ||||||
| 19 | revoked.
The Department may also award 90 days of sentence | ||||||
| 20 | credit to any committed person who passed high school | ||||||
| 21 | equivalency testing while he or she was held in pre-trial | ||||||
| 22 | detention prior to the current commitment to the Department | ||||||
| 23 | of Corrections. | ||||||
| 24 | (4.5) The rules and regulations on sentence credit | ||||||
| 25 | shall also provide that
when the court's sentencing order | ||||||
| 26 | recommends a prisoner for substance abuse treatment and the
| ||||||
| |||||||
| |||||||
| 1 | crime was committed on or after September 1, 2003 (the | ||||||
| 2 | effective date of
Public Act 93-354), the prisoner shall | ||||||
| 3 | receive no sentence credit awarded under clause (3) of this | ||||||
| 4 | subsection (a) unless he or she participates in and
| ||||||
| 5 | completes a substance abuse treatment program. The | ||||||
| 6 | Director may waive the requirement to participate in or | ||||||
| 7 | complete a substance abuse treatment program and award the | ||||||
| 8 | sentence credit in specific instances if the prisoner is | ||||||
| 9 | not a good candidate for a substance abuse treatment | ||||||
| 10 | program for medical, programming, or operational reasons. | ||||||
| 11 | Availability of
substance abuse treatment shall be subject | ||||||
| 12 | to the limits of fiscal resources
appropriated by the | ||||||
| 13 | General Assembly for these purposes. If treatment is not
| ||||||
| 14 | available and the requirement to participate and complete | ||||||
| 15 | the treatment has not been waived by the Director, the | ||||||
| 16 | prisoner shall be placed on a waiting list under criteria
| ||||||
| 17 | established by the Department. The Director may allow a | ||||||
| 18 | prisoner placed on
a waiting list to participate in and | ||||||
| 19 | complete a substance abuse education class or attend | ||||||
| 20 | substance
abuse self-help meetings in lieu of a substance | ||||||
| 21 | abuse treatment program. A prisoner on a waiting list who | ||||||
| 22 | is not placed in a substance abuse program prior to release | ||||||
| 23 | may be eligible for a waiver and receive sentence credit | ||||||
| 24 | under clause (3) of this subsection (a) at the discretion | ||||||
| 25 | of the Director.
| ||||||
| 26 | (4.6) The rules and regulations on sentence credit | ||||||
| |||||||
| |||||||
| 1 | shall also provide that a prisoner who has been convicted | ||||||
| 2 | of a sex offense as defined in Section 2 of the Sex | ||||||
| 3 | Offender Registration Act shall receive no sentence credit | ||||||
| 4 | unless he or she either has successfully completed or is | ||||||
| 5 | participating in sex offender treatment as defined by the | ||||||
| 6 | Sex Offender Management Board. However, prisoners who are | ||||||
| 7 | waiting to receive treatment, but who are unable to do so | ||||||
| 8 | due solely to the lack of resources on the part of the | ||||||
| 9 | Department, may, at the Director's sole discretion, be | ||||||
| 10 | awarded sentence credit at a rate as the Director shall | ||||||
| 11 | determine. | ||||||
| 12 | (5) Whenever the Department is to release any inmate | ||||||
| 13 | earlier than it
otherwise would because of a grant of | ||||||
| 14 | sentence credit for good conduct under paragraph (3) of | ||||||
| 15 | subsection (a) of this Section given at any time during the | ||||||
| 16 | term, the Department shall give
reasonable notice of the | ||||||
| 17 | impending release not less than 14 days prior to the date | ||||||
| 18 | of the release to the State's
Attorney of the county where | ||||||
| 19 | the prosecution of the inmate took place, and if | ||||||
| 20 | applicable, the State's Attorney of the county into which | ||||||
| 21 | the inmate will be released. The Department must also make | ||||||
| 22 | identification information and a recent photo of the inmate | ||||||
| 23 | being released accessible on the Internet by means of a | ||||||
| 24 | hyperlink labeled "Community Notification of Inmate Early | ||||||
| 25 | Release" on the Department's World Wide Web homepage.
The | ||||||
| 26 | identification information shall include the inmate's: | ||||||
| |||||||
| |||||||
| 1 | name, any known alias, date of birth, physical | ||||||
| 2 | characteristics, commitment offense and county where | ||||||
| 3 | conviction was imposed. The identification information | ||||||
| 4 | shall be placed on the website within 3 days of the | ||||||
| 5 | inmate's release and the information may not be removed | ||||||
| 6 | until either: completion of the first year of mandatory | ||||||
| 7 | supervised release or return of the inmate to custody of | ||||||
| 8 | the Department.
| ||||||
| 9 | (b) Whenever a person is or has been committed under
| ||||||
| 10 | several convictions, with separate sentences, the sentences
| ||||||
| 11 | shall be construed under Section 5-8-4 in granting and
| ||||||
| 12 | forfeiting of sentence credit.
| ||||||
| 13 | (c) The Department shall prescribe rules and regulations
| ||||||
| 14 | for revoking sentence credit, including revoking sentence | ||||||
| 15 | credit awarded for good conduct under paragraph (3) of | ||||||
| 16 | subsection (a) of this Section. The Department shall prescribe | ||||||
| 17 | rules and regulations for suspending or reducing
the rate of | ||||||
| 18 | accumulation of sentence credit for specific
rule violations, | ||||||
| 19 | during imprisonment. These rules and regulations
shall provide | ||||||
| 20 | that no inmate may be penalized more than one
year of sentence | ||||||
| 21 | credit for any one infraction.
| ||||||
| 22 | When the Department seeks to revoke, suspend or reduce
the | ||||||
| 23 | rate of accumulation of any sentence credits for
an alleged | ||||||
| 24 | infraction of its rules, it shall bring charges
therefor | ||||||
| 25 | against the prisoner sought to be so deprived of
sentence | ||||||
| 26 | credits before the Prisoner Review Board as
provided in | ||||||
| |||||||
| |||||||
| 1 | subparagraph (a)(4) of Section 3-3-2 of this
Code, if the | ||||||
| 2 | amount of credit at issue exceeds 30 days or
when during any 12 | ||||||
| 3 | month period, the cumulative amount of
credit revoked exceeds | ||||||
| 4 | 30 days except where the infraction is committed
or discovered | ||||||
| 5 | within 60 days of scheduled release. In those cases,
the | ||||||
| 6 | Department of Corrections may revoke up to 30 days of sentence | ||||||
| 7 | credit.
The Board may subsequently approve the revocation of | ||||||
| 8 | additional sentence credit, if the Department seeks to revoke | ||||||
| 9 | sentence credit in
excess of 30 days. However, the Board shall | ||||||
| 10 | not be empowered to review the
Department's decision with | ||||||
| 11 | respect to the loss of 30 days of sentence
credit within any | ||||||
| 12 | calendar year for any prisoner or to increase any penalty
| ||||||
| 13 | beyond the length requested by the Department.
| ||||||
| 14 | The Director of the Department of Corrections, in | ||||||
| 15 | appropriate cases, may
restore up to 30 days of sentence | ||||||
| 16 | credits which have been revoked, suspended
or reduced. Any | ||||||
| 17 | restoration of sentence credits in excess of 30 days shall
be | ||||||
| 18 | subject to review by the Prisoner Review Board. However, the | ||||||
| 19 | Board may not
restore sentence credit in excess of the amount | ||||||
| 20 | requested by the Director.
| ||||||
| 21 | Nothing contained in this Section shall prohibit the | ||||||
| 22 | Prisoner Review Board
from ordering, pursuant to Section | ||||||
| 23 | 3-3-9(a)(3)(i)(B), that a prisoner serve up
to one year of the | ||||||
| 24 | sentence imposed by the court that was not served due to the
| ||||||
| 25 | accumulation of sentence credit.
| ||||||
| 26 | (d) If a lawsuit is filed by a prisoner in an Illinois or | ||||||
| |||||||
| |||||||
| 1 | federal court
against the State, the Department of Corrections, | ||||||
| 2 | or the Prisoner Review Board,
or against any of
their officers | ||||||
| 3 | or employees, and the court makes a specific finding that a
| ||||||
| 4 | pleading, motion, or other paper filed by the prisoner is | ||||||
| 5 | frivolous, the
Department of Corrections shall conduct a | ||||||
| 6 | hearing to revoke up to
180 days of sentence credit by bringing | ||||||
| 7 | charges against the prisoner
sought to be deprived of the | ||||||
| 8 | sentence credits before the Prisoner Review
Board as provided | ||||||
| 9 | in subparagraph (a)(8) of Section 3-3-2 of this Code.
If the | ||||||
| 10 | prisoner has not accumulated 180 days of sentence credit at the
| ||||||
| 11 | time of the finding, then the Prisoner Review Board may revoke | ||||||
| 12 | all
sentence credit accumulated by the prisoner.
| ||||||
| 13 | For purposes of this subsection (d):
| ||||||
| 14 | (1) "Frivolous" means that a pleading, motion, or other | ||||||
| 15 | filing which
purports to be a legal document filed by a | ||||||
| 16 | prisoner in his or her lawsuit meets
any or all of the | ||||||
| 17 | following criteria:
| ||||||
| 18 | (A) it lacks an arguable basis either in law or in | ||||||
| 19 | fact;
| ||||||
| 20 | (B) it is being presented for any improper purpose, | ||||||
| 21 | such as to harass or
to cause unnecessary delay or | ||||||
| 22 | needless increase in the cost of litigation;
| ||||||
| 23 | (C) the claims, defenses, and other legal | ||||||
| 24 | contentions therein are not
warranted by existing law | ||||||
| 25 | or by a nonfrivolous argument for the extension,
| ||||||
| 26 | modification, or reversal of existing law or the | ||||||
| |||||||
| |||||||
| 1 | establishment of new law;
| ||||||
| 2 | (D) the allegations and other factual contentions | ||||||
| 3 | do not have
evidentiary
support or, if specifically so | ||||||
| 4 | identified, are not likely to have evidentiary
support | ||||||
| 5 | after a reasonable opportunity for further | ||||||
| 6 | investigation or discovery;
or
| ||||||
| 7 | (E) the denials of factual contentions are not | ||||||
| 8 | warranted on the
evidence, or if specifically so | ||||||
| 9 | identified, are not reasonably based on a lack
of | ||||||
| 10 | information or belief.
| ||||||
| 11 | (2) "Lawsuit" means a motion pursuant to Section
116-3 | ||||||
| 12 | of the Code of Criminal Procedure of 1963, a habeas corpus | ||||||
| 13 | action under
Article X of the Code of Civil Procedure or | ||||||
| 14 | under federal law (28 U.S.C. 2254),
a petition for claim | ||||||
| 15 | under the Court of Claims Act, an action under the
federal | ||||||
| 16 | Civil Rights Act (42 U.S.C. 1983), or a second or | ||||||
| 17 | subsequent petition for post-conviction relief under | ||||||
| 18 | Article 122 of the Code of Criminal Procedure of 1963 | ||||||
| 19 | whether filed with or without leave of court or a second or | ||||||
| 20 | subsequent petition for relief from judgment under Section | ||||||
| 21 | 2-1401 of the Code of Civil Procedure.
| ||||||
| 22 | (e) Nothing in Public Act 90-592 or 90-593 affects the | ||||||
| 23 | validity of Public Act 89-404.
| ||||||
| 24 | (f) Whenever the Department is to release any inmate who | ||||||
| 25 | has been convicted of a violation of an order of protection | ||||||
| 26 | under Section 12-3.4 or 12-30 of the Criminal Code of 1961 or | ||||||
| |||||||
| |||||||
| 1 | the Criminal Code of 2012, earlier than it
otherwise would | ||||||
| 2 | because of a grant of sentence credit, the Department, as a | ||||||
| 3 | condition of release, shall require that the person, upon | ||||||
| 4 | release, be placed under electronic surveillance as provided in | ||||||
| 5 | Section 5-8A-7 of this Code. | ||||||
| 6 | (Source: P.A. 98-718, eff. 1-1-15; 99-241, eff. 1-1-16; 99-275, | ||||||
| 7 | eff. 1-1-16; revised 10-19-15.)
| ||||||
| 8 | (730 ILCS 5/5-4-3b) | ||||||
| 9 | Sec. 5-4-3b. Electronic Laboratory Information Management | ||||||
| 10 | System. | ||||||
| 11 | (a) The Department of State Police shall obtain, implement, | ||||||
| 12 | and maintain an Electronic Laboratory Information Management | ||||||
| 13 | System (LIMS), to efficiently and effectively track all | ||||||
| 14 | evidence submitted for forensic testing. At a minimum, the LIMS | ||||||
| 15 | shall record: | ||||||
| 16 | (1) the criminal offense or suspected criminal offense | ||||||
| 17 | for which the evidence is being submitted; | ||||||
| 18 | (2) the law enforcement agency submitting the | ||||||
| 19 | evidence; | ||||||
| 20 | (3) the name of the victim; | ||||||
| 21 | (4) the law enforcement agency case number; | ||||||
| 22 | (5) the State Police Laboratory case number; | ||||||
| 23 | (6) the date the evidence was received by the State | ||||||
| 24 | Police Laboratory; | ||||||
| 25 | (7) if the State Police Laboratory sent the evidence | ||||||
| |||||||
| |||||||
| 1 | for analysis to another designated laboratory, the name of | ||||||
| 2 | the laboratory and the date the evidence was sent to that | ||||||
| 3 | laboratory; and | ||||||
| 4 | (8) the date and description of any results or | ||||||
| 5 | information regarding the analysis sent to the submitting | ||||||
| 6 | law enforcement agency by the State Police Laboratory or | ||||||
| 7 | any other designated laboratory. | ||||||
| 8 | The LIMS shall also link multiple forensic evidence | ||||||
| 9 | submissions pertaining to a single criminal investigation such | ||||||
| 10 | that evidence submitted to confirm a previously reported | ||||||
| 11 | Combined DNA Index System (CODIS) hit in a State or federal | ||||||
| 12 | database can be linked to the initial evidence submission. The | ||||||
| 13 | LIMS shall be such that the system provides ease of | ||||||
| 14 | interoperability with law enforcement agencies for evidence | ||||||
| 15 | submission and reporting, as well as supports expansion | ||||||
| 16 | capabilities for future internal networking and laboratory | ||||||
| 17 | operations. | ||||||
| 18 | (b) The Department of State Police, in consultation with | ||||||
| 19 | and subject to the approval of the Chief Procurement Officer, | ||||||
| 20 | may procure a single contract or multiple contracts to | ||||||
| 21 | implement the provisions of this Section. A contract or | ||||||
| 22 | contracts under this subsection are not subject to the | ||||||
| 23 | provisions of the Illinois Procurement Code, except for | ||||||
| 24 | Sections 20-60, 20-65, 20-70, and 20-160 and Article 50 of that | ||||||
| 25 | Code, provided that the Chief Procurement Officer may, in | ||||||
| 26 | writing with justification, waive any certification required | ||||||
| |||||||
| |||||||
| 1 | under Article 50 of the Illinois Procurement Code. This | ||||||
| 2 | exemption is inoperative 2 years from January 1, 2016 (the | ||||||
| 3 | effective date of Public Act 99-352) this amendatory Act of the | ||||||
| 4 | 99th General Assembly.
| ||||||
| 5 | (Source: P.A. 99-352, eff. 1-1-16; revised 10-20-15.)
| ||||||
| 6 | (730 ILCS 5/5-5-3.1) (from Ch. 38, par. 1005-5-3.1)
| ||||||
| 7 | Sec. 5-5-3.1. Factors in Mitigation.
| ||||||
| 8 | (a) The following
grounds shall be accorded weight in favor | ||||||
| 9 | of withholding or
minimizing a sentence of imprisonment:
| ||||||
| 10 | (1) The defendant's criminal conduct neither caused | ||||||
| 11 | nor
threatened serious physical harm to another.
| ||||||
| 12 | (2) The defendant did not contemplate that his criminal | ||||||
| 13 | conduct would
cause or threaten serious physical harm to | ||||||
| 14 | another.
| ||||||
| 15 | (3) The defendant acted under a strong provocation.
| ||||||
| 16 | (4) There were substantial grounds tending to excuse or | ||||||
| 17 | justify
the defendant's criminal conduct, though failing | ||||||
| 18 | to establish a
defense.
| ||||||
| 19 | (5) The defendant's criminal conduct was induced or | ||||||
| 20 | facilitated
by someone other than the defendant.
| ||||||
| 21 | (6) The defendant has compensated or will compensate | ||||||
| 22 | the victim
of his criminal conduct for the damage or injury | ||||||
| 23 | that he sustained.
| ||||||
| 24 | (7) The defendant has no history of prior delinquency | ||||||
| 25 | or
criminal activity or has led a law-abiding life for a | ||||||
| |||||||
| |||||||
| 1 | substantial
period of time before the commission of the | ||||||
| 2 | present crime.
| ||||||
| 3 | (8) The defendant's criminal conduct was the result of
| ||||||
| 4 | circumstances unlikely to recur.
| ||||||
| 5 | (9) The character and attitudes of the defendant | ||||||
| 6 | indicate that he is
unlikely to commit another crime.
| ||||||
| 7 | (10) The defendant is particularly likely to comply | ||||||
| 8 | with the terms of
a period of probation.
| ||||||
| 9 | (11) The imprisonment of the defendant would entail | ||||||
| 10 | excessive
hardship to his dependents.
| ||||||
| 11 | (12) The imprisonment of the defendant would endanger | ||||||
| 12 | his or her medical
condition.
| ||||||
| 13 | (13) The defendant was a person with an intellectual | ||||||
| 14 | disability as defined in Section 5-1-13 of
this Code.
| ||||||
| 15 | (14) The defendant sought or obtained emergency | ||||||
| 16 | medical assistance for an overdose and was convicted of a | ||||||
| 17 | Class 3 felony or higher possession, manufacture, or | ||||||
| 18 | delivery of a controlled, counterfeit, or look-alike | ||||||
| 19 | substance or a controlled substance analog under the | ||||||
| 20 | Illinois Controlled Substances Act or a Class 2 felony or | ||||||
| 21 | higher possession, manufacture or delivery of | ||||||
| 22 | methamphetamine under the Methamphetamine Control and | ||||||
| 23 | Community Protection Act. | ||||||
| 24 | (15) At the time of the offense, the defendant is or | ||||||
| 25 | had been the victim of domestic violence and the effects of | ||||||
| 26 | the domestic violence tended to excuse or justify the | ||||||
| |||||||
| |||||||
| 1 | defendant's criminal conduct. As used in this paragraph | ||||||
| 2 | (15), "domestic violence" means abuse as defined in Section | ||||||
| 3 | 103 of the Illinois Domestic Violence Act of 1986. | ||||||
| 4 | (b) If the court, having due regard for the character of | ||||||
| 5 | the
offender, the nature and circumstances of the offense and | ||||||
| 6 | the
public interest finds that a sentence of imprisonment is | ||||||
| 7 | the
most appropriate disposition of the offender, or where | ||||||
| 8 | other
provisions of this Code mandate the imprisonment of the | ||||||
| 9 | offender,
the grounds listed in paragraph (a) of this | ||||||
| 10 | subsection shall be
considered as factors in mitigation of the | ||||||
| 11 | term imposed.
| ||||||
| 12 | (Source: P.A. 98-463, eff. 8-16-13; 99-143, eff. 7-27-15; | ||||||
| 13 | 99-384, eff. 1-1-16; revised 10-16-15.)
| ||||||
| 14 | (730 ILCS 5/5-5-3.2)
| ||||||
| 15 | Sec. 5-5-3.2. Factors in Aggravation and Extended-Term | ||||||
| 16 | Sentencing.
| ||||||
| 17 | (a) The following factors shall be accorded weight in favor | ||||||
| 18 | of
imposing a term of imprisonment or may be considered by the | ||||||
| 19 | court as reasons
to impose a more severe sentence under Section | ||||||
| 20 | 5-8-1 or Article 4.5 of Chapter V:
| ||||||
| 21 | (1) the defendant's conduct caused or threatened | ||||||
| 22 | serious harm;
| ||||||
| 23 | (2) the defendant received compensation for committing | ||||||
| 24 | the offense;
| ||||||
| 25 | (3) the defendant has a history of prior delinquency or | ||||||
| |||||||
| |||||||
| 1 | criminal activity;
| ||||||
| 2 | (4) the defendant, by the duties of his office or by | ||||||
| 3 | his position,
was obliged to prevent the particular offense | ||||||
| 4 | committed or to bring
the offenders committing it to | ||||||
| 5 | justice;
| ||||||
| 6 | (5) the defendant held public office at the time of the | ||||||
| 7 | offense,
and the offense related to the conduct of that | ||||||
| 8 | office;
| ||||||
| 9 | (6) the defendant utilized his professional reputation | ||||||
| 10 | or
position in the community to commit the offense, or to | ||||||
| 11 | afford
him an easier means of committing it;
| ||||||
| 12 | (7) the sentence is necessary to deter others from | ||||||
| 13 | committing
the same crime;
| ||||||
| 14 | (8) the defendant committed the offense against a | ||||||
| 15 | person 60 years of age
or older or such person's property;
| ||||||
| 16 | (9) the defendant committed the offense against a | ||||||
| 17 | person who has a physical disability or such person's | ||||||
| 18 | property;
| ||||||
| 19 | (10) by reason of another individual's actual or | ||||||
| 20 | perceived race, color,
creed, religion, ancestry, gender, | ||||||
| 21 | sexual orientation, physical or mental
disability, or | ||||||
| 22 | national origin, the defendant committed the offense | ||||||
| 23 | against (i)
the person or property
of that individual; (ii) | ||||||
| 24 | the person or property of a person who has an
association | ||||||
| 25 | with, is married to, or has a friendship with the other | ||||||
| 26 | individual;
or (iii) the person or property of a relative | ||||||
| |||||||
| |||||||
| 1 | (by blood or marriage) of a
person described in clause (i) | ||||||
| 2 | or (ii). For the purposes of this Section,
"sexual | ||||||
| 3 | orientation" has the meaning ascribed to it in paragraph | ||||||
| 4 | (O-1) of Section 1-103 of the Illinois Human Rights Act;
| ||||||
| 5 | (11) the offense took place in a place of worship or on | ||||||
| 6 | the
grounds of a place of worship, immediately prior to, | ||||||
| 7 | during or immediately
following worship services. For | ||||||
| 8 | purposes of this subparagraph, "place of
worship" shall | ||||||
| 9 | mean any church, synagogue or other building, structure or
| ||||||
| 10 | place used primarily for religious worship;
| ||||||
| 11 | (12) the defendant was convicted of a felony committed | ||||||
| 12 | while he was
released on bail or his own recognizance | ||||||
| 13 | pending trial for a prior felony
and was convicted of such | ||||||
| 14 | prior felony, or the defendant was convicted of a
felony | ||||||
| 15 | committed while he was serving a period of probation,
| ||||||
| 16 | conditional discharge, or mandatory supervised release | ||||||
| 17 | under subsection (d)
of Section 5-8-1
for a prior felony;
| ||||||
| 18 | (13) the defendant committed or attempted to commit a | ||||||
| 19 | felony while he
was wearing a bulletproof vest. For the | ||||||
| 20 | purposes of this paragraph (13), a
bulletproof vest is any | ||||||
| 21 | device which is designed for the purpose of
protecting the | ||||||
| 22 | wearer from bullets, shot or other lethal projectiles;
| ||||||
| 23 | (14) the defendant held a position of trust or | ||||||
| 24 | supervision such as, but
not limited to, family member as | ||||||
| 25 | defined in Section 11-0.1 of the Criminal Code
of 2012, | ||||||
| 26 | teacher, scout leader, baby sitter, or day care worker, in
| ||||||
| |||||||
| |||||||
| 1 | relation to a victim under 18 years of age, and the | ||||||
| 2 | defendant committed an
offense in violation of Section | ||||||
| 3 | 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-11, | ||||||
| 4 | 11-14.4 except for an offense that involves keeping a place | ||||||
| 5 | of juvenile prostitution, 11-15.1, 11-19.1, 11-19.2,
| ||||||
| 6 | 11-20.1, 11-20.1B, 11-20.3, 12-13, 12-14, 12-14.1, 12-15 | ||||||
| 7 | or 12-16 of the Criminal Code of 1961 or the Criminal Code | ||||||
| 8 | of 2012
against
that victim;
| ||||||
| 9 | (15) the defendant committed an offense related to the | ||||||
| 10 | activities of an
organized gang. For the purposes of this | ||||||
| 11 | factor, "organized gang" has the
meaning ascribed to it in | ||||||
| 12 | Section 10 of the Streetgang Terrorism Omnibus
Prevention | ||||||
| 13 | Act;
| ||||||
| 14 | (16) the defendant committed an offense in violation of | ||||||
| 15 | one of the
following Sections while in a school, regardless | ||||||
| 16 | of the time of day or time of
year; on any conveyance | ||||||
| 17 | owned, leased, or contracted by a school to transport
| ||||||
| 18 | students to or from school or a school related activity; on | ||||||
| 19 | the real property
of a school; or on a public way within | ||||||
| 20 | 1,000 feet of the real property
comprising any school: | ||||||
| 21 | Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40, | ||||||
| 22 | 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1,
| ||||||
| 23 | 11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3, | ||||||
| 24 | 12-6, 12-6.1, 12-6.5, 12-13,
12-14, 12-14.1, 12-15, 12-16, | ||||||
| 25 | 18-2, or 33A-2, or Section 12-3.05 except for subdivision | ||||||
| 26 | (a)(4) or (g)(1), of the Criminal Code of
1961 or the | ||||||
| |||||||
| |||||||
| 1 | Criminal Code of 2012;
| ||||||
| 2 | (16.5) the defendant committed an offense in violation | ||||||
| 3 | of one of the
following Sections while in a day care | ||||||
| 4 | center, regardless of the time of day or
time of year; on | ||||||
| 5 | the real property of a day care center, regardless of the | ||||||
| 6 | time
of day or time of year; or on a public
way within | ||||||
| 7 | 1,000 feet of the real property comprising any day care | ||||||
| 8 | center,
regardless of the time of day or time of year:
| ||||||
| 9 | Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40, | ||||||
| 10 | 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1, | ||||||
| 11 | 11-19.1, 11-19.2, 12-2,
12-4, 12-4.1, 12-4.2, 12-4.3, | ||||||
| 12 | 12-6,
12-6.1, 12-6.5, 12-13, 12-14, 12-14.1, 12-15, 12-16, | ||||||
| 13 | 18-2, or 33A-2, or Section 12-3.05 except for subdivision | ||||||
| 14 | (a)(4) or (g)(1), of the Criminal
Code of 1961 or the | ||||||
| 15 | Criminal Code of 2012;
| ||||||
| 16 | (17) the defendant committed the offense by reason of | ||||||
| 17 | any person's
activity as a community policing volunteer or | ||||||
| 18 | to prevent any person from
engaging in activity as a | ||||||
| 19 | community policing volunteer. For the purpose of
this | ||||||
| 20 | Section, "community policing volunteer" has the meaning | ||||||
| 21 | ascribed to it in
Section 2-3.5 of the Criminal Code of | ||||||
| 22 | 2012;
| ||||||
| 23 | (18) the defendant committed the offense in a nursing | ||||||
| 24 | home or on the
real
property comprising a nursing home. For | ||||||
| 25 | the purposes of this paragraph (18),
"nursing home" means a | ||||||
| 26 | skilled nursing
or intermediate long term care facility | ||||||
| |||||||
| |||||||
| 1 | that is subject to license by the
Illinois Department of | ||||||
| 2 | Public Health under the Nursing Home Care
Act, the | ||||||
| 3 | Specialized Mental Health Rehabilitation Act of 2013, the | ||||||
| 4 | ID/DD Community Care Act, or the MC/DD Act;
| ||||||
| 5 | (19) the defendant was a federally licensed firearm | ||||||
| 6 | dealer
and
was
previously convicted of a violation of | ||||||
| 7 | subsection (a) of Section 3 of the
Firearm Owners | ||||||
| 8 | Identification Card Act and has now committed either a | ||||||
| 9 | felony
violation
of the Firearm Owners Identification Card | ||||||
| 10 | Act or an act of armed violence while
armed
with a firearm; | ||||||
| 11 | (20) the defendant (i) committed the offense of | ||||||
| 12 | reckless homicide under Section 9-3 of the Criminal Code of | ||||||
| 13 | 1961 or the Criminal Code of 2012 or the offense of driving | ||||||
| 14 | under the influence of alcohol, other drug or
drugs, | ||||||
| 15 | intoxicating compound or compounds or any combination | ||||||
| 16 | thereof under Section 11-501 of the Illinois Vehicle Code | ||||||
| 17 | or a similar provision of a local ordinance and (ii) was | ||||||
| 18 | operating a motor vehicle in excess of 20 miles per hour | ||||||
| 19 | over the posted speed limit as provided in Article VI of | ||||||
| 20 | Chapter 11 of the Illinois Vehicle Code;
| ||||||
| 21 | (21) the defendant (i) committed the offense of | ||||||
| 22 | reckless driving or aggravated reckless driving under | ||||||
| 23 | Section 11-503 of the Illinois Vehicle Code and (ii) was | ||||||
| 24 | operating a motor vehicle in excess of 20 miles per hour | ||||||
| 25 | over the posted speed limit as provided in Article VI of | ||||||
| 26 | Chapter 11 of the Illinois Vehicle Code; | ||||||
| |||||||
| |||||||
| 1 | (22) the defendant committed the offense against a | ||||||
| 2 | person that the defendant knew, or reasonably should have | ||||||
| 3 | known, was a member of the Armed Forces of the United | ||||||
| 4 | States serving on active duty. For purposes of this clause | ||||||
| 5 | (22), the term "Armed Forces" means any of the Armed Forces | ||||||
| 6 | of the United States, including a member of any reserve | ||||||
| 7 | component thereof or National Guard unit called to active | ||||||
| 8 | duty;
| ||||||
| 9 | (23)
the defendant committed the offense against a | ||||||
| 10 | person who was elderly or infirm or who was a person with a | ||||||
| 11 | disability by taking advantage of a family or fiduciary | ||||||
| 12 | relationship with the elderly or infirm person or person | ||||||
| 13 | with a disability;
| ||||||
| 14 | (24)
the defendant committed any offense under Section | ||||||
| 15 | 11-20.1 of the Criminal Code of 1961 or the Criminal Code | ||||||
| 16 | of 2012 and possessed 100 or more images;
| ||||||
| 17 | (25) the defendant committed the offense while the | ||||||
| 18 | defendant or the victim was in a train, bus, or other | ||||||
| 19 | vehicle used for public transportation; | ||||||
| 20 | (26) the defendant committed the offense of child | ||||||
| 21 | pornography or aggravated child pornography, specifically | ||||||
| 22 | including paragraph (1), (2), (3), (4), (5), or (7) of | ||||||
| 23 | subsection (a) of Section 11-20.1 of the Criminal Code of | ||||||
| 24 | 1961 or the Criminal Code of 2012 where a child engaged in, | ||||||
| 25 | solicited for, depicted in, or posed in any act of sexual | ||||||
| 26 | penetration or bound, fettered, or subject to sadistic, | ||||||
| |||||||
| |||||||
| 1 | masochistic, or sadomasochistic abuse in a sexual context | ||||||
| 2 | and specifically including paragraph (1), (2), (3), (4), | ||||||
| 3 | (5), or (7) of subsection (a) of Section 11-20.1B or | ||||||
| 4 | Section 11-20.3 of the Criminal Code of 1961 where a child | ||||||
| 5 | engaged in, solicited for, depicted in, or posed in any act | ||||||
| 6 | of sexual penetration or bound, fettered, or subject to | ||||||
| 7 | sadistic, masochistic, or sadomasochistic abuse in a | ||||||
| 8 | sexual context; | ||||||
| 9 | (27) the defendant committed the offense of first | ||||||
| 10 | degree murder, assault, aggravated assault, battery, | ||||||
| 11 | aggravated battery, robbery, armed robbery, or aggravated | ||||||
| 12 | robbery against a person who was a veteran and the | ||||||
| 13 | defendant knew, or reasonably should have known, that the | ||||||
| 14 | person was a veteran performing duties as a representative | ||||||
| 15 | of a veterans' organization. For the purposes of this | ||||||
| 16 | paragraph (27), "veteran" means an Illinois resident who | ||||||
| 17 | has served as a member of the United States Armed Forces, a | ||||||
| 18 | member of the Illinois National Guard, or a member of the | ||||||
| 19 | United States Reserve Forces; and "veterans' organization" | ||||||
| 20 | means an organization comprised of members of
which | ||||||
| 21 | substantially all are individuals who are veterans or | ||||||
| 22 | spouses,
widows, or widowers of veterans, the primary | ||||||
| 23 | purpose of which is to
promote the welfare of its members | ||||||
| 24 | and to provide assistance to the general
public in such a | ||||||
| 25 | way as to confer a public benefit; | ||||||
| 26 | (28) the defendant committed the offense of assault, | ||||||
| |||||||
| |||||||
| 1 | aggravated assault, battery, aggravated battery, robbery, | ||||||
| 2 | armed robbery, or aggravated robbery against a person that | ||||||
| 3 | the defendant knew or reasonably should have known was a | ||||||
| 4 | letter carrier or postal worker while that person was | ||||||
| 5 | performing his or her duties delivering mail for the United | ||||||
| 6 | States Postal Service; or | ||||||
| 7 | (29) the defendant committed the offense of criminal | ||||||
| 8 | sexual assault, aggravated criminal sexual assault, | ||||||
| 9 | criminal sexual abuse, or aggravated criminal sexual abuse | ||||||
| 10 | against a victim with an intellectual disability, and the | ||||||
| 11 | defendant holds a position of trust, authority, or | ||||||
| 12 | supervision in relation to the victim; or | ||||||
| 13 | (30) (29) the defendant committed the offense of | ||||||
| 14 | promoting juvenile prostitution, patronizing a prostitute, | ||||||
| 15 | or patronizing a minor engaged in prostitution and at the | ||||||
| 16 | time of the commission of the offense knew that the | ||||||
| 17 | prostitute or minor engaged in prostitution was in the | ||||||
| 18 | custody or guardianship of the Department of Children and | ||||||
| 19 | Family Services. | ||||||
| 20 | For the purposes of this Section:
| ||||||
| 21 | "School" is defined as a public or private
elementary or | ||||||
| 22 | secondary school, community college, college, or university.
| ||||||
| 23 | "Day care center" means a public or private State certified | ||||||
| 24 | and
licensed day care center as defined in Section 2.09 of the | ||||||
| 25 | Child Care Act of
1969 that displays a sign in plain view | ||||||
| 26 | stating that the
property is a day care center.
| ||||||
| |||||||
| |||||||
| 1 | "Intellectual disability" means significantly subaverage | ||||||
| 2 | intellectual functioning which exists concurrently
with | ||||||
| 3 | impairment in adaptive behavior. | ||||||
| 4 | "Public transportation" means the transportation
or | ||||||
| 5 | conveyance of persons by means available to the general public, | ||||||
| 6 | and includes paratransit services. | ||||||
| 7 | (b) The following factors, related to all felonies, may be | ||||||
| 8 | considered by the court as
reasons to impose an extended term | ||||||
| 9 | sentence under Section 5-8-2
upon any offender:
| ||||||
| 10 | (1) When a defendant is convicted of any felony, after | ||||||
| 11 | having
been previously convicted in Illinois or any other | ||||||
| 12 | jurisdiction of the
same or similar class felony or greater | ||||||
| 13 | class felony, when such conviction
has occurred within 10 | ||||||
| 14 | years after the
previous conviction, excluding time spent | ||||||
| 15 | in custody, and such charges are
separately brought and | ||||||
| 16 | tried and arise out of different series of acts; or
| ||||||
| 17 | (2) When a defendant is convicted of any felony and the | ||||||
| 18 | court
finds that the offense was accompanied by | ||||||
| 19 | exceptionally brutal
or heinous behavior indicative of | ||||||
| 20 | wanton cruelty; or
| ||||||
| 21 | (3) When a defendant is convicted of any felony | ||||||
| 22 | committed against:
| ||||||
| 23 | (i) a person under 12 years of age at the time of | ||||||
| 24 | the offense or such
person's property;
| ||||||
| 25 | (ii) a person 60 years of age or older at the time | ||||||
| 26 | of the offense or
such person's property; or
| ||||||
| |||||||
| |||||||
| 1 | (iii) a person who had a physical disability at the | ||||||
| 2 | time of the offense or
such person's property; or
| ||||||
| 3 | (4) When a defendant is convicted of any felony and the | ||||||
| 4 | offense
involved any of the following types of specific | ||||||
| 5 | misconduct committed as
part of a ceremony, rite, | ||||||
| 6 | initiation, observance, performance, practice or
activity | ||||||
| 7 | of any actual or ostensible religious, fraternal, or social | ||||||
| 8 | group:
| ||||||
| 9 | (i) the brutalizing or torturing of humans or | ||||||
| 10 | animals;
| ||||||
| 11 | (ii) the theft of human corpses;
| ||||||
| 12 | (iii) the kidnapping of humans;
| ||||||
| 13 | (iv) the desecration of any cemetery, religious, | ||||||
| 14 | fraternal, business,
governmental, educational, or | ||||||
| 15 | other building or property; or
| ||||||
| 16 | (v) ritualized abuse of a child; or
| ||||||
| 17 | (5) When a defendant is convicted of a felony other | ||||||
| 18 | than conspiracy and
the court finds that
the felony was | ||||||
| 19 | committed under an agreement with 2 or more other persons
| ||||||
| 20 | to commit that offense and the defendant, with respect to | ||||||
| 21 | the other
individuals, occupied a position of organizer, | ||||||
| 22 | supervisor, financier, or any
other position of management | ||||||
| 23 | or leadership, and the court further finds that
the felony | ||||||
| 24 | committed was related to or in furtherance of the criminal
| ||||||
| 25 | activities of an organized gang or was motivated by the | ||||||
| 26 | defendant's leadership
in an organized gang; or
| ||||||
| |||||||
| |||||||
| 1 | (6) When a defendant is convicted of an offense | ||||||
| 2 | committed while using a firearm with a
laser sight attached | ||||||
| 3 | to it. For purposes of this paragraph, "laser sight"
has | ||||||
| 4 | the meaning ascribed to it in Section 26-7 of the Criminal | ||||||
| 5 | Code of
2012; or
| ||||||
| 6 | (7) When a defendant who was at least 17 years of age | ||||||
| 7 | at the
time of
the commission of the offense is convicted | ||||||
| 8 | of a felony and has been previously
adjudicated a | ||||||
| 9 | delinquent minor under the Juvenile Court Act of 1987 for | ||||||
| 10 | an act
that if committed by an adult would be a Class X or | ||||||
| 11 | Class 1 felony when the
conviction has occurred within 10 | ||||||
| 12 | years after the previous adjudication,
excluding time | ||||||
| 13 | spent in custody; or
| ||||||
| 14 | (8) When a defendant commits any felony and the | ||||||
| 15 | defendant used, possessed, exercised control over, or | ||||||
| 16 | otherwise directed an animal to assault a law enforcement | ||||||
| 17 | officer engaged in the execution of his or her official | ||||||
| 18 | duties or in furtherance of the criminal activities of an | ||||||
| 19 | organized gang in which the defendant is engaged; or
| ||||||
| 20 | (9) When a defendant commits any felony and the | ||||||
| 21 | defendant knowingly video or audio records the offense with | ||||||
| 22 | the intent to disseminate the recording. | ||||||
| 23 | (c) The following factors may be considered by the court as | ||||||
| 24 | reasons to impose an extended term sentence under Section 5-8-2 | ||||||
| 25 | (730 ILCS 5/5-8-2) upon any offender for the listed offenses: | ||||||
| 26 | (1) When a defendant is convicted of first degree | ||||||
| |||||||
| |||||||
| 1 | murder, after having been previously convicted in Illinois | ||||||
| 2 | of any offense listed under paragraph (c)(2) of Section | ||||||
| 3 | 5-5-3 (730 ILCS 5/5-5-3), when that conviction has occurred | ||||||
| 4 | within 10 years after the previous conviction, excluding | ||||||
| 5 | time spent in custody, and the charges are separately | ||||||
| 6 | brought and tried and arise out of different series of | ||||||
| 7 | acts. | ||||||
| 8 | (1.5) When a defendant is convicted of first degree | ||||||
| 9 | murder, after having been previously convicted of domestic | ||||||
| 10 | battery (720 ILCS 5/12-3.2) or aggravated domestic battery | ||||||
| 11 | (720 ILCS 5/12-3.3) committed on the same victim or after | ||||||
| 12 | having been previously convicted of violation of an order | ||||||
| 13 | of protection (720 ILCS 5/12-30) in which the same victim | ||||||
| 14 | was the protected person. | ||||||
| 15 | (2) When a defendant is convicted of voluntary | ||||||
| 16 | manslaughter, second degree murder, involuntary | ||||||
| 17 | manslaughter, or reckless homicide in which the defendant | ||||||
| 18 | has been convicted of causing the death of more than one | ||||||
| 19 | individual. | ||||||
| 20 | (3) When a defendant is convicted of aggravated | ||||||
| 21 | criminal sexual assault or criminal sexual assault, when | ||||||
| 22 | there is a finding that aggravated criminal sexual assault | ||||||
| 23 | or criminal sexual assault was also committed on the same | ||||||
| 24 | victim by one or more other individuals, and the defendant | ||||||
| 25 | voluntarily participated in the crime with the knowledge of | ||||||
| 26 | the participation of the others in the crime, and the | ||||||
| |||||||
| |||||||
| 1 | commission of the crime was part of a single course of | ||||||
| 2 | conduct during which there was no substantial change in the | ||||||
| 3 | nature of the criminal objective. | ||||||
| 4 | (4) If the victim was under 18 years of age at the time | ||||||
| 5 | of the commission of the offense, when a defendant is | ||||||
| 6 | convicted of aggravated criminal sexual assault or | ||||||
| 7 | predatory criminal sexual assault of a child under | ||||||
| 8 | subsection (a)(1) of Section 11-1.40 or subsection (a)(1) | ||||||
| 9 | of Section 12-14.1 of the Criminal Code of 1961 or the | ||||||
| 10 | Criminal Code of 2012 (720 ILCS 5/11-1.40 or 5/12-14.1). | ||||||
| 11 | (5) When a defendant is convicted of a felony violation | ||||||
| 12 | of Section 24-1 of the Criminal Code of 1961 or the | ||||||
| 13 | Criminal Code of 2012 (720 ILCS 5/24-1) and there is a | ||||||
| 14 | finding that the defendant is a member of an organized | ||||||
| 15 | gang. | ||||||
| 16 | (6) When a defendant was convicted of unlawful use of | ||||||
| 17 | weapons under Section 24-1 of the Criminal Code of 1961 or | ||||||
| 18 | the Criminal Code of 2012 (720 ILCS 5/24-1) for possessing | ||||||
| 19 | a weapon that is not readily distinguishable as one of the | ||||||
| 20 | weapons enumerated in Section 24-1 of the Criminal Code of | ||||||
| 21 | 1961 or the Criminal Code of 2012 (720 ILCS 5/24-1). | ||||||
| 22 | (7) When a defendant is convicted of an offense | ||||||
| 23 | involving the illegal manufacture of a controlled | ||||||
| 24 | substance under Section 401 of the Illinois Controlled | ||||||
| 25 | Substances Act (720 ILCS 570/401), the illegal manufacture | ||||||
| 26 | of methamphetamine under Section 25 of the Methamphetamine | ||||||
| |||||||
| |||||||
| 1 | Control and Community Protection Act (720 ILCS 646/25), or | ||||||
| 2 | the illegal possession of explosives and an emergency | ||||||
| 3 | response officer in the performance of his or her duties is | ||||||
| 4 | killed or injured at the scene of the offense while | ||||||
| 5 | responding to the emergency caused by the commission of the | ||||||
| 6 | offense. In this paragraph, "emergency" means a situation | ||||||
| 7 | in which a person's life, health, or safety is in jeopardy; | ||||||
| 8 | and "emergency response officer" means a peace officer, | ||||||
| 9 | community policing volunteer, fireman, emergency medical | ||||||
| 10 | technician-ambulance, emergency medical | ||||||
| 11 | technician-intermediate, emergency medical | ||||||
| 12 | technician-paramedic, ambulance driver, other medical | ||||||
| 13 | assistance or first aid personnel, or hospital emergency | ||||||
| 14 | room personnel.
| ||||||
| 15 | (8) When the defendant is convicted of attempted mob | ||||||
| 16 | action, solicitation to commit mob action, or conspiracy to | ||||||
| 17 | commit mob action under Section 8-1, 8-2, or 8-4 of the | ||||||
| 18 | Criminal Code of 2012, where the criminal object is a | ||||||
| 19 | violation of Section 25-1 of the Criminal Code of 2012, and | ||||||
| 20 | an electronic communication is used in the commission of | ||||||
| 21 | the offense. For the purposes of this paragraph (8), | ||||||
| 22 | "electronic communication" shall have the meaning provided | ||||||
| 23 | in Section 26.5-0.1 of the Criminal Code of 2012. | ||||||
| 24 | (d) For the purposes of this Section, "organized gang" has | ||||||
| 25 | the meaning
ascribed to it in Section 10 of the Illinois | ||||||
| 26 | Streetgang Terrorism Omnibus
Prevention Act.
| ||||||
| |||||||
| |||||||
| 1 | (e) The court may impose an extended term sentence under | ||||||
| 2 | Article 4.5 of Chapter V upon an offender who has been | ||||||
| 3 | convicted of a felony violation of Section 11-1.20, 11-1.30, | ||||||
| 4 | 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, or | ||||||
| 5 | 12-16 of the Criminal Code of 1961 or the Criminal Code of 2012 | ||||||
| 6 | when the victim of the offense is under 18 years of age at the | ||||||
| 7 | time of the commission of the offense and, during the | ||||||
| 8 | commission of the offense, the victim was under the influence | ||||||
| 9 | of alcohol, regardless of whether or not the alcohol was | ||||||
| 10 | supplied by the offender; and the offender, at the time of the | ||||||
| 11 | commission of the offense, knew or should have known that the | ||||||
| 12 | victim had consumed alcohol. | ||||||
| 13 | (Source: P.A. 98-14, eff. 1-1-14; 98-104, eff. 7-22-13; 98-385, | ||||||
| 14 | eff. 1-1-14; 98-756, eff. 7-16-14; 99-77, eff. 1-1-16; 99-143, | ||||||
| 15 | eff. 7-27-15; 99-180, eff. 7-29-15; 99-283, eff. 1-1-16; | ||||||
| 16 | 99-347, eff. 1-1-16; revised 10-19-15.)
| ||||||
| 17 | (730 ILCS 5/5-5.5-5)
| ||||||
| 18 | Sec. 5-5.5-5. Definition Definitions and rules of | ||||||
| 19 | construction. In this Article, "eligible : "Eligible offender" | ||||||
| 20 | means a person who has been
convicted of a crime in this State | ||||||
| 21 | or of an offense in any other jurisdiction that does not | ||||||
| 22 | include any offense or attempted offense that would subject a | ||||||
| 23 | person to registration under the Sex Offender Registration Act, | ||||||
| 24 | the Arsonist Registration Act, or the Murderer and Violent | ||||||
| 25 | Offender Against Youth Registration Act. "Eligible offender" | ||||||
| |||||||
| |||||||
| 1 | does not include a person who has been convicted of arson, | ||||||
| 2 | aggravated arson, kidnapping, aggravated kidnaping, aggravated | ||||||
| 3 | driving under the influence of alcohol, other drug or drugs, or | ||||||
| 4 | intoxicating compound or compounds, or any combination | ||||||
| 5 | thereof, or aggravated domestic battery.
| ||||||
| 6 | (Source: P.A. 99-381, eff. 1-1-16; revised 10-19-15.)
| ||||||
| 7 | (730 ILCS 5/5-6-3.1) (from Ch. 38, par. 1005-6-3.1)
| ||||||
| 8 | Sec. 5-6-3.1. Incidents and Conditions of Supervision.
| ||||||
| 9 | (a) When a defendant is placed on supervision, the court | ||||||
| 10 | shall enter
an order for supervision specifying the period of | ||||||
| 11 | such supervision, and
shall defer further proceedings in the | ||||||
| 12 | case until the conclusion of the
period.
| ||||||
| 13 | (b) The period of supervision shall be reasonable under all | ||||||
| 14 | of the
circumstances of the case, but may not be longer than 2 | ||||||
| 15 | years, unless the
defendant has failed to pay the assessment | ||||||
| 16 | required by Section 10.3 of the
Cannabis Control Act,
Section | ||||||
| 17 | 411.2 of the Illinois Controlled
Substances Act, or Section 80 | ||||||
| 18 | of the Methamphetamine Control and Community Protection Act, in | ||||||
| 19 | which case the court may extend supervision beyond 2 years.
| ||||||
| 20 | Additionally, the court shall order the defendant to perform no | ||||||
| 21 | less than 30
hours of community service and not more than 120 | ||||||
| 22 | hours of community service, if
community service is available | ||||||
| 23 | in the
jurisdiction and is funded and approved by the county | ||||||
| 24 | board where the offense
was committed,
when the offense (1) was
| ||||||
| 25 | related to or in furtherance of the criminal activities of an | ||||||
| |||||||
| |||||||
| 1 | organized gang or
was motivated by the defendant's membership | ||||||
| 2 | in or allegiance to an organized
gang; or (2) is a violation of | ||||||
| 3 | any Section of Article 24 of the Criminal
Code of 1961 or the | ||||||
| 4 | Criminal Code of 2012 where a disposition of supervision is not | ||||||
| 5 | prohibited by Section
5-6-1 of this Code.
The
community service | ||||||
| 6 | shall include, but not be limited to, the cleanup and repair
of | ||||||
| 7 | any damage caused by violation of Section 21-1.3 of the | ||||||
| 8 | Criminal Code of
1961 or the Criminal Code of 2012 and similar | ||||||
| 9 | damages to property located within the municipality or county
| ||||||
| 10 | in which the violation occurred. Where possible and reasonable, | ||||||
| 11 | the community
service should be performed in the offender's | ||||||
| 12 | neighborhood.
| ||||||
| 13 | For the purposes of this
Section, "organized gang" has the | ||||||
| 14 | meaning ascribed to it in Section 10 of the
Illinois Streetgang | ||||||
| 15 | Terrorism Omnibus Prevention Act.
| ||||||
| 16 | (c) The court may in addition to other reasonable | ||||||
| 17 | conditions
relating to the nature of the offense or the | ||||||
| 18 | rehabilitation of the
defendant as determined for each | ||||||
| 19 | defendant in the proper discretion of
the court require that | ||||||
| 20 | the person:
| ||||||
| 21 | (1) make a report to and appear in person before or | ||||||
| 22 | participate with
the court or such courts, person, or | ||||||
| 23 | social service agency as directed
by the court in the order | ||||||
| 24 | of supervision;
| ||||||
| 25 | (2) pay a fine and costs;
| ||||||
| 26 | (3) work or pursue a course of study or vocational | ||||||
| |||||||
| |||||||
| 1 | training;
| ||||||
| 2 | (4) undergo medical, psychological or psychiatric | ||||||
| 3 | treatment; or
treatment for drug addiction or alcoholism;
| ||||||
| 4 | (5) attend or reside in a facility established for the | ||||||
| 5 | instruction
or residence of defendants on probation;
| ||||||
| 6 | (6) support his dependents;
| ||||||
| 7 | (7) refrain from possessing a firearm or other | ||||||
| 8 | dangerous weapon;
| ||||||
| 9 | (8) and in addition, if a minor:
| ||||||
| 10 | (i) reside with his parents or in a foster home;
| ||||||
| 11 | (ii) attend school;
| ||||||
| 12 | (iii) attend a non-residential program for youth;
| ||||||
| 13 | (iv) contribute to his own support at home or in a | ||||||
| 14 | foster home; or
| ||||||
| 15 | (v) with the consent of the superintendent of the
| ||||||
| 16 | facility, attend an educational program at a facility | ||||||
| 17 | other than the school
in which the
offense was | ||||||
| 18 | committed if he
or she is placed on supervision for a | ||||||
| 19 | crime of violence as
defined in
Section 2 of the Crime | ||||||
| 20 | Victims Compensation Act committed in a school, on the
| ||||||
| 21 | real
property
comprising a school, or within 1,000 feet | ||||||
| 22 | of the real property comprising a
school;
| ||||||
| 23 | (9) make restitution or reparation in an amount not to | ||||||
| 24 | exceed actual
loss or damage to property and pecuniary loss | ||||||
| 25 | or make restitution under Section
5-5-6 to a domestic | ||||||
| 26 | violence shelter. The court shall
determine the amount and | ||||||
| |||||||
| |||||||
| 1 | conditions of payment;
| ||||||
| 2 | (10) perform some reasonable public or community | ||||||
| 3 | service;
| ||||||
| 4 | (11) comply with the terms and conditions of an order | ||||||
| 5 | of protection
issued by the court pursuant to the Illinois | ||||||
| 6 | Domestic Violence Act of 1986 or
an order of protection | ||||||
| 7 | issued by the court of another state, tribe, or United
| ||||||
| 8 | States territory.
If the court has ordered the defendant to | ||||||
| 9 | make a report and appear in
person under paragraph (1) of | ||||||
| 10 | this subsection, a copy of the order of
protection shall be | ||||||
| 11 | transmitted to the person or agency so designated
by the | ||||||
| 12 | court;
| ||||||
| 13 | (12) reimburse any "local anti-crime program" as | ||||||
| 14 | defined in Section 7 of
the Anti-Crime Advisory Council Act | ||||||
| 15 | for any reasonable expenses incurred by the
program on the | ||||||
| 16 | offender's case, not to exceed the maximum amount of the
| ||||||
| 17 | fine authorized for the offense for which the defendant was | ||||||
| 18 | sentenced;
| ||||||
| 19 | (13) contribute a reasonable sum of money, not to
| ||||||
| 20 | exceed the maximum amount of the fine authorized for the | ||||||
| 21 | offense for which
the defendant was sentenced, (i) to a | ||||||
| 22 | "local anti-crime program", as defined
in Section 7 of the | ||||||
| 23 | Anti-Crime Advisory Council Act, or (ii) for offenses under | ||||||
| 24 | the jurisdiction of the Department of Natural Resources, to | ||||||
| 25 | the fund established by the Department of Natural Resources | ||||||
| 26 | for the purchase of evidence for investigation purposes and | ||||||
| |||||||
| |||||||
| 1 | to conduct investigations as outlined in Section 805-105 of | ||||||
| 2 | the Department of Natural Resources (Conservation) Law;
| ||||||
| 3 | (14) refrain from entering into a designated | ||||||
| 4 | geographic area except
upon such terms as the court finds | ||||||
| 5 | appropriate. Such terms may include
consideration of the | ||||||
| 6 | purpose of the entry, the time of day, other persons
| ||||||
| 7 | accompanying the defendant, and advance approval by a | ||||||
| 8 | probation officer;
| ||||||
| 9 | (15) refrain from having any contact, directly or | ||||||
| 10 | indirectly, with
certain specified persons or particular | ||||||
| 11 | types of person, including but not
limited to members of | ||||||
| 12 | street gangs and drug users or dealers;
| ||||||
| 13 | (16) refrain from having in his or her body the | ||||||
| 14 | presence of any illicit
drug prohibited by the Cannabis | ||||||
| 15 | Control Act, the Illinois Controlled
Substances Act, or the | ||||||
| 16 | Methamphetamine Control and Community Protection Act, | ||||||
| 17 | unless prescribed by a physician, and submit samples of
his | ||||||
| 18 | or her blood or urine or both for tests to determine the | ||||||
| 19 | presence of any
illicit drug;
| ||||||
| 20 | (17) refrain from operating any motor vehicle not | ||||||
| 21 | equipped with an
ignition interlock device as defined in | ||||||
| 22 | Section 1-129.1 of the Illinois
Vehicle Code; under this | ||||||
| 23 | condition the court may allow a defendant who is not
| ||||||
| 24 | self-employed to operate a vehicle owned by the defendant's | ||||||
| 25 | employer that is
not equipped with an ignition interlock | ||||||
| 26 | device in the course and scope of the
defendant's | ||||||
| |||||||
| |||||||
| 1 | employment; and
| ||||||
| 2 | (18) if placed on supervision for a sex offense as | ||||||
| 3 | defined in subsection (a-5) of Section 3-1-2 of this Code, | ||||||
| 4 | unless the offender is a parent or guardian of the person | ||||||
| 5 | under 18 years of age present in the home and no | ||||||
| 6 | non-familial minors are present, not participate in a | ||||||
| 7 | holiday event involving
children
under 18 years of age, | ||||||
| 8 | such as distributing candy or other items to children on
| ||||||
| 9 | Halloween,
wearing a Santa Claus costume on or preceding | ||||||
| 10 | Christmas, being employed as a
department store Santa | ||||||
| 11 | Claus, or wearing an Easter Bunny costume on or
preceding
| ||||||
| 12 | Easter. | ||||||
| 13 | (c-5) If payment of restitution as ordered has not been | ||||||
| 14 | made, the victim shall file a
petition notifying the sentencing | ||||||
| 15 | court, any other person to whom restitution is owed, and
the | ||||||
| 16 | State's Attorney of the status of the ordered restitution | ||||||
| 17 | payments unpaid at least 90
days before the supervision | ||||||
| 18 | expiration date. If payment as ordered has not been made, the
| ||||||
| 19 | court shall hold a review hearing prior to the expiration date, | ||||||
| 20 | unless the hearing
is voluntarily waived by the defendant with | ||||||
| 21 | the knowledge that waiver may result in an
extension of the | ||||||
| 22 | supervision period or in a revocation of supervision. If the | ||||||
| 23 | court does not
extend supervision, it shall issue a judgment | ||||||
| 24 | for the unpaid restitution and direct the clerk
of the circuit | ||||||
| 25 | court to file and enter the judgment in the judgment and lien | ||||||
| 26 | docket, without
fee, unless it finds that the victim has | ||||||
| |||||||
| |||||||
| 1 | recovered a judgment against the
defendant for the amount | ||||||
| 2 | covered by the restitution order. If the court issues a
| ||||||
| 3 | judgment for the unpaid restitution, the court shall send to | ||||||
| 4 | the defendant at his or her last known
address written | ||||||
| 5 | notification that a civil judgment has been issued for the | ||||||
| 6 | unpaid
restitution. | ||||||
| 7 | (d) The court shall defer entering any judgment on the | ||||||
| 8 | charges
until the conclusion of the supervision.
| ||||||
| 9 | (e) At the conclusion of the period of supervision, if the | ||||||
| 10 | court
determines that the defendant has successfully complied | ||||||
| 11 | with all of the
conditions of supervision, the court shall | ||||||
| 12 | discharge the defendant and
enter a judgment dismissing the | ||||||
| 13 | charges.
| ||||||
| 14 | (f) Discharge and dismissal upon a successful conclusion of | ||||||
| 15 | a
disposition of supervision shall be deemed without | ||||||
| 16 | adjudication of guilt
and shall not be termed a conviction for | ||||||
| 17 | purposes of disqualification or
disabilities imposed by law | ||||||
| 18 | upon conviction of a crime. Two years after the
discharge and | ||||||
| 19 | dismissal under this Section, unless the disposition of
| ||||||
| 20 | supervision was for a violation of Sections 3-707, 3-708, | ||||||
| 21 | 3-710, 5-401.3, or 11-503 of the Illinois Vehicle Code or a | ||||||
| 22 | similar
provision of a local ordinance, or for a violation of | ||||||
| 23 | Sections 12-3.2, 16-25,
or 16A-3 of the Criminal Code of 1961 | ||||||
| 24 | or the Criminal Code of 2012, in which case it shall be 5
years | ||||||
| 25 | after discharge and dismissal, a person may have his record
of | ||||||
| 26 | arrest sealed or expunged as may be provided by law. However, | ||||||
| |||||||
| |||||||
| 1 | any
defendant placed on supervision before January 1, 1980, may | ||||||
| 2 | move for
sealing or expungement of his arrest record, as | ||||||
| 3 | provided by law, at any
time after discharge and dismissal | ||||||
| 4 | under this Section.
A person placed on supervision for a sexual | ||||||
| 5 | offense committed against a minor
as defined in clause | ||||||
| 6 | (a)(1)(L) of Section 5.2 of the Criminal Identification Act
or | ||||||
| 7 | for a violation of Section 11-501 of the Illinois Vehicle Code | ||||||
| 8 | or a
similar provision of a local ordinance
shall not have his | ||||||
| 9 | or her record of arrest sealed or expunged.
| ||||||
| 10 | (g) A defendant placed on supervision and who during the | ||||||
| 11 | period of
supervision undergoes mandatory drug or alcohol | ||||||
| 12 | testing, or both, or is
assigned to be placed on an approved | ||||||
| 13 | electronic monitoring device, shall be
ordered to pay the costs | ||||||
| 14 | incidental to such mandatory drug or alcohol
testing, or both, | ||||||
| 15 | and costs incidental to such approved electronic
monitoring in | ||||||
| 16 | accordance with the defendant's ability to pay those costs.
The | ||||||
| 17 | county board with the concurrence of the Chief Judge of the | ||||||
| 18 | judicial
circuit in which the county is located shall establish | ||||||
| 19 | reasonable fees for
the cost of maintenance, testing, and | ||||||
| 20 | incidental expenses related to the
mandatory drug or alcohol | ||||||
| 21 | testing, or both, and all costs incidental to
approved | ||||||
| 22 | electronic monitoring, of all defendants placed on | ||||||
| 23 | supervision.
The concurrence of the Chief Judge shall be in the | ||||||
| 24 | form of an
administrative order.
The fees shall be collected by | ||||||
| 25 | the clerk of the circuit court. The clerk of
the circuit court | ||||||
| 26 | shall pay all moneys collected from these fees to the county
| ||||||
| |||||||
| |||||||
| 1 | treasurer who shall use the moneys collected to defray the | ||||||
| 2 | costs of
drug testing, alcohol testing, and electronic | ||||||
| 3 | monitoring.
The county treasurer shall deposit the fees | ||||||
| 4 | collected in the
county working cash fund under Section 6-27001 | ||||||
| 5 | or Section 6-29002 of the
Counties Code, as the case may be.
| ||||||
| 6 | (h) A disposition of supervision is a final order for the | ||||||
| 7 | purposes
of appeal.
| ||||||
| 8 | (i) The court shall impose upon a defendant placed on | ||||||
| 9 | supervision
after January 1, 1992 or to community service under | ||||||
| 10 | the supervision of a
probation or court services department | ||||||
| 11 | after January 1, 2004, as a condition
of supervision or | ||||||
| 12 | supervised community service, a fee of $50 for
each month of | ||||||
| 13 | supervision or supervised community service ordered by the
| ||||||
| 14 | court, unless after
determining the inability of the person | ||||||
| 15 | placed on supervision or supervised
community service to pay | ||||||
| 16 | the
fee, the court assesses a lesser fee. The court may not | ||||||
| 17 | impose the fee on a
minor who is made a ward of the State under | ||||||
| 18 | the Juvenile Court Act of 1987
while the minor is in placement.
| ||||||
| 19 | The fee shall be imposed only upon a
defendant who is actively | ||||||
| 20 | supervised by the
probation and court services
department. The | ||||||
| 21 | fee shall be collected by the clerk of the circuit court.
The | ||||||
| 22 | clerk of the circuit court shall pay all monies collected from | ||||||
| 23 | this fee
to the county treasurer for deposit in the probation | ||||||
| 24 | and court services
fund pursuant to Section 15.1 of the | ||||||
| 25 | Probation and
Probation Officers Act.
| ||||||
| 26 | A circuit court may not impose a probation fee in excess of | ||||||
| |||||||
| |||||||
| 1 | $25
per month unless the circuit court has adopted, by | ||||||
| 2 | administrative
order issued by the chief judge, a standard | ||||||
| 3 | probation fee guide
determining an offender's ability to pay. | ||||||
| 4 | Of the
amount collected as a probation fee, not to exceed $5 of | ||||||
| 5 | that fee
collected per month may be used to provide services to | ||||||
| 6 | crime victims
and their families. | ||||||
| 7 | The Court may only waive probation fees based on an | ||||||
| 8 | offender's ability to pay. The probation department may | ||||||
| 9 | re-evaluate an offender's ability to pay every 6 months, and, | ||||||
| 10 | with the approval of the Director of Court Services or the | ||||||
| 11 | Chief Probation Officer, adjust the monthly fee amount. An | ||||||
| 12 | offender may elect to pay probation fees due in a lump sum.
Any | ||||||
| 13 | offender that has been assigned to the supervision of a | ||||||
| 14 | probation department, or has been transferred either under | ||||||
| 15 | subsection (h) of this Section or under any interstate compact, | ||||||
| 16 | shall be required to pay probation fees to the department | ||||||
| 17 | supervising the offender, based on the offender's ability to | ||||||
| 18 | pay.
| ||||||
| 19 | (j) All fines and costs imposed under this Section for any
| ||||||
| 20 | violation of Chapters 3, 4, 6, and 11 of the Illinois Vehicle | ||||||
| 21 | Code, or a
similar provision of a local ordinance, and any | ||||||
| 22 | violation of the Child
Passenger Protection Act, or a similar | ||||||
| 23 | provision of a local ordinance, shall
be collected and | ||||||
| 24 | disbursed by the circuit clerk as provided under Section
27.5 | ||||||
| 25 | of the Clerks of Courts Act.
| ||||||
| 26 | (k) A defendant at least 17 years of age who is placed on | ||||||
| |||||||
| |||||||
| 1 | supervision
for a misdemeanor in a county of 3,000,000 or more | ||||||
| 2 | inhabitants
and who has not been previously convicted of a | ||||||
| 3 | misdemeanor or felony
may as a condition of his or her | ||||||
| 4 | supervision be required by the court to
attend educational | ||||||
| 5 | courses designed to prepare the defendant for a high school
| ||||||
| 6 | diploma and to work toward a high school diploma or to work | ||||||
| 7 | toward passing high school equivalency testing or to work
| ||||||
| 8 | toward completing a vocational training program approved by the | ||||||
| 9 | court. The
defendant placed on supervision must attend a public | ||||||
| 10 | institution of education
to obtain the educational or | ||||||
| 11 | vocational training required by this subsection
(k). The | ||||||
| 12 | defendant placed on supervision shall be required to pay for | ||||||
| 13 | the cost
of the educational courses or high school equivalency | ||||||
| 14 | testing if a fee is charged for those courses
or testing. The | ||||||
| 15 | court shall revoke the supervision of a person who wilfully | ||||||
| 16 | fails
to comply with this subsection (k). The court shall | ||||||
| 17 | resentence the defendant
upon revocation of supervision as | ||||||
| 18 | provided in Section 5-6-4. This subsection
(k) does not apply | ||||||
| 19 | to a defendant who has a high school diploma or has
| ||||||
| 20 | successfully passed high school equivalency testing. This | ||||||
| 21 | subsection (k) does not apply to a
defendant who is determined | ||||||
| 22 | by the court to be developmentally disabled or
otherwise | ||||||
| 23 | mentally incapable of completing the
educational or vocational | ||||||
| 24 | program.
| ||||||
| 25 | (l) The court shall require a defendant placed on | ||||||
| 26 | supervision for
possession of a substance
prohibited by the | ||||||
| |||||||
| |||||||
| 1 | Cannabis Control Act, the Illinois Controlled Substances Act, | ||||||
| 2 | or the Methamphetamine Control and Community Protection Act
| ||||||
| 3 | after a previous conviction or disposition of supervision for | ||||||
| 4 | possession of a
substance prohibited by the Cannabis Control | ||||||
| 5 | Act, the Illinois Controlled
Substances Act, or the | ||||||
| 6 | Methamphetamine Control and Community Protection Act or a | ||||||
| 7 | sentence of probation under Section 10 of the Cannabis
Control | ||||||
| 8 | Act or Section 410 of the Illinois Controlled Substances Act
| ||||||
| 9 | and after a finding by the court that the person is addicted, | ||||||
| 10 | to undergo
treatment at a substance abuse program approved by | ||||||
| 11 | the court.
| ||||||
| 12 | (m) The Secretary of State shall require anyone placed on | ||||||
| 13 | court supervision
for a
violation of Section 3-707 of the | ||||||
| 14 | Illinois Vehicle Code or a similar provision
of a local | ||||||
| 15 | ordinance
to give proof of his or her financial
responsibility | ||||||
| 16 | as
defined in Section 7-315 of the Illinois Vehicle Code. The | ||||||
| 17 | proof shall be
maintained by the individual in a manner | ||||||
| 18 | satisfactory to the Secretary of State
for
a
minimum period of | ||||||
| 19 | 3 years after the date the proof is first filed.
The proof | ||||||
| 20 | shall be limited to a single action per arrest and may not be
| ||||||
| 21 | affected by any post-sentence disposition. The Secretary of | ||||||
| 22 | State shall
suspend the driver's license of any person
| ||||||
| 23 | determined by the Secretary to be in violation of this | ||||||
| 24 | subsection. | ||||||
| 25 | (n) Any offender placed on supervision for any offense that | ||||||
| 26 | the court or probation department has determined to be sexually | ||||||
| |||||||
| |||||||
| 1 | motivated as defined in the Sex Offender Management Board Act | ||||||
| 2 | shall be required to refrain from any contact, directly or | ||||||
| 3 | indirectly, with any persons specified by the court and shall | ||||||
| 4 | be available for all evaluations and treatment programs | ||||||
| 5 | required by the court or the probation department.
| ||||||
| 6 | (o) An offender placed on supervision for a sex offense as | ||||||
| 7 | defined in the Sex Offender
Management Board Act shall refrain | ||||||
| 8 | from residing at the same address or in the same condominium | ||||||
| 9 | unit or apartment unit or in the same condominium complex or | ||||||
| 10 | apartment complex with another person he or she knows or | ||||||
| 11 | reasonably should know is a convicted sex offender or has been | ||||||
| 12 | placed on supervision for a sex offense. The provisions of this | ||||||
| 13 | subsection (o) do not apply to a person convicted of a sex | ||||||
| 14 | offense who is placed in a Department of Corrections licensed | ||||||
| 15 | transitional housing facility for sex offenders. | ||||||
| 16 | (p) An offender placed on supervision for an offense | ||||||
| 17 | committed on or after June 1, 2008
(the effective date of | ||||||
| 18 | Public Act 95-464)
that would qualify the accused as a child | ||||||
| 19 | sex offender as defined in Section 11-9.3 or 11-9.4 of the | ||||||
| 20 | Criminal Code of 1961 or the Criminal Code of 2012 shall | ||||||
| 21 | refrain from communicating with or contacting, by means of the | ||||||
| 22 | Internet, a person who is not related to the accused and whom | ||||||
| 23 | the accused reasonably believes to be under 18 years of age. | ||||||
| 24 | For purposes of this subsection (p), "Internet" has the meaning | ||||||
| 25 | ascribed to it in Section 16-0.1 of the Criminal Code of 2012; | ||||||
| 26 | and a person is not related to the accused if the person is | ||||||
| |||||||
| |||||||
| 1 | not: (i) the spouse, brother, or sister of the accused; (ii) a | ||||||
| 2 | descendant of the accused; (iii) a first or second cousin of | ||||||
| 3 | the accused; or (iv) a step-child or adopted child of the | ||||||
| 4 | accused.
| ||||||
| 5 | (q) An offender placed on supervision for an offense | ||||||
| 6 | committed on or after June 1, 2008
(the effective date of | ||||||
| 7 | Public Act 95-464)
that would qualify the accused as a child | ||||||
| 8 | sex offender as defined in Section 11-9.3 or 11-9.4 of the | ||||||
| 9 | Criminal Code of 1961 or the Criminal Code of 2012 shall, if so | ||||||
| 10 | ordered by the court, refrain from communicating with or | ||||||
| 11 | contacting, by means of the Internet, a person who is related | ||||||
| 12 | to the accused and whom the accused reasonably believes to be | ||||||
| 13 | under 18 years of age. For purposes of this subsection (q), | ||||||
| 14 | "Internet" has the meaning ascribed to it in Section 16-0.1 of | ||||||
| 15 | the Criminal Code of 2012; and a person is related to the | ||||||
| 16 | accused if the person is: (i) the spouse, brother, or sister of | ||||||
| 17 | the accused; (ii) a descendant of the accused; (iii) a first or | ||||||
| 18 | second cousin of the accused; or (iv) a step-child or adopted | ||||||
| 19 | child of the accused.
| ||||||
| 20 | (r) An offender placed on supervision for an offense under | ||||||
| 21 | Section 11-6, 11-9.1, 11-14.4 that involves soliciting for a | ||||||
| 22 | juvenile prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or | ||||||
| 23 | 11-21 of the Criminal Code of 1961 or the Criminal Code of | ||||||
| 24 | 2012, or any attempt to commit any of these offenses, committed | ||||||
| 25 | on or after the effective date of this amendatory Act of the | ||||||
| 26 | 95th General Assembly shall: | ||||||
| |||||||
| |||||||
| 1 | (i) not access or use a computer or any other device | ||||||
| 2 | with Internet capability without the prior written | ||||||
| 3 | approval of the court, except in connection with the | ||||||
| 4 | offender's employment or search for employment with the | ||||||
| 5 | prior approval of the court; | ||||||
| 6 | (ii) submit to periodic unannounced examinations of | ||||||
| 7 | the offender's computer or any other device with Internet | ||||||
| 8 | capability by the offender's probation officer, a law | ||||||
| 9 | enforcement officer, or assigned computer or information | ||||||
| 10 | technology specialist, including the retrieval and copying | ||||||
| 11 | of all data from the computer or device and any internal or | ||||||
| 12 | external peripherals and removal of such information, | ||||||
| 13 | equipment, or device to conduct a more thorough inspection; | ||||||
| 14 | (iii) submit to the installation on the offender's | ||||||
| 15 | computer or device with Internet capability, at the | ||||||
| 16 | offender's expense, of one or more hardware or software | ||||||
| 17 | systems to monitor the Internet use; and | ||||||
| 18 | (iv) submit to any other appropriate restrictions | ||||||
| 19 | concerning the offender's use of or access to a computer or | ||||||
| 20 | any other device with Internet capability imposed by the | ||||||
| 21 | court. | ||||||
| 22 | (s) An offender placed on supervision for an offense that | ||||||
| 23 | is a sex offense as defined in Section 2 of the Sex Offender | ||||||
| 24 | Registration Act that is committed on or after January 1, 2010 | ||||||
| 25 | (the effective date of Public Act 96-362) that requires the | ||||||
| 26 | person to register as a sex offender under that Act, may not | ||||||
| |||||||
| |||||||
| 1 | knowingly use any computer scrub software on any computer that | ||||||
| 2 | the sex offender uses. | ||||||
| 3 | (t) An offender placed on supervision for a sex offense as | ||||||
| 4 | defined in the Sex Offender
Registration Act committed on or | ||||||
| 5 | after January 1, 2010 (the effective date of Public Act 96-262) | ||||||
| 6 | shall refrain from accessing or using a social networking | ||||||
| 7 | website as defined in Section 17-0.5 of the Criminal Code of | ||||||
| 8 | 2012. | ||||||
| 9 | (u) Jurisdiction over an offender may be transferred from | ||||||
| 10 | the sentencing court to the court of another circuit with the | ||||||
| 11 | concurrence of both courts. Further transfers or retransfers of | ||||||
| 12 | jurisdiction are also authorized in the same manner. The court | ||||||
| 13 | to which jurisdiction has been transferred shall have the same | ||||||
| 14 | powers as the sentencing court. The probation department within | ||||||
| 15 | the circuit to which jurisdiction has been transferred may | ||||||
| 16 | impose probation fees upon receiving the transferred offender, | ||||||
| 17 | as provided in subsection (i). The probation department from | ||||||
| 18 | the original sentencing court shall retain all probation fees | ||||||
| 19 | collected prior to the transfer. | ||||||
| 20 | (Source: P.A. 97-454, eff. 1-1-12; 97-597, eff. 1-1-12; | ||||||
| 21 | 97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13; 98-718, eff. | ||||||
| 22 | 1-1-15; 98-940, eff. 1-1-15; revised 10-1-14.)
| ||||||
| 23 | Section 565. The Code of Civil Procedure is amended by | ||||||
| 24 | changing Sections 2-1401, 3-102, and 12-654 as follows:
| ||||||
| |||||||
| |||||||
| 1 | (735 ILCS 5/2-1401) (from Ch. 110, par. 2-1401)
| ||||||
| 2 | Sec. 2-1401. Relief from judgments.
| ||||||
| 3 | (a) Relief from final orders and judgments, after 30 days | ||||||
| 4 | from the
entry thereof, may be had upon petition as provided in | ||||||
| 5 | this Section.
Writs of error coram nobis and coram vobis, bills | ||||||
| 6 | of review and bills
in the nature of bills of review are | ||||||
| 7 | abolished. All relief heretofore
obtainable and the grounds for | ||||||
| 8 | such relief heretofore available,
whether by any of the | ||||||
| 9 | foregoing remedies or otherwise, shall be
available in every | ||||||
| 10 | case, by proceedings hereunder, regardless of the
nature of the | ||||||
| 11 | order or judgment from which relief is sought or of the
| ||||||
| 12 | proceedings in which it was entered. Except as provided in the | ||||||
| 13 | Illinois Parentage Act of 2015, there shall be no distinction
| ||||||
| 14 | between actions and other proceedings, statutory or otherwise, | ||||||
| 15 | as to
availability of relief, grounds for relief or the relief | ||||||
| 16 | obtainable.
| ||||||
| 17 | (b) The petition must be filed in the same proceeding in | ||||||
| 18 | which the
order or judgment was entered but is not a | ||||||
| 19 | continuation thereof. The
petition must be supported by | ||||||
| 20 | affidavit or other appropriate showing as
to matters not of | ||||||
| 21 | record. All parties to the petition shall be notified
as | ||||||
| 22 | provided by rule.
| ||||||
| 23 | (b-5) A movant may present a meritorious claim under this | ||||||
| 24 | Section if the allegations in the petition establish each of | ||||||
| 25 | the following by a preponderance of the evidence: | ||||||
| 26 | (1) the movant was convicted of a forcible felony; | ||||||
| |||||||
| |||||||
| 1 | (2) the movant's participation in the offense was | ||||||
| 2 | related to him or her previously having been a victim of | ||||||
| 3 | domestic violence as perpetrated by an intimate partner; | ||||||
| 4 | (3) no evidence of domestic violence against the movant | ||||||
| 5 | was presented at the movant's sentencing hearing; | ||||||
| 6 | (4) the movant was unaware of the mitigating nature of | ||||||
| 7 | the evidence of the domestic violence at the time of | ||||||
| 8 | sentencing and could not have learned of its significance | ||||||
| 9 | sooner through diligence; and | ||||||
| 10 | (5) the new evidence of domestic violence against the | ||||||
| 11 | movant is material and noncumulative to other evidence | ||||||
| 12 | offered at the sentencing hearing, and is of such a | ||||||
| 13 | conclusive character that it would likely change the | ||||||
| 14 | sentence imposed by the original trial court. | ||||||
| 15 | Nothing in this subsection (b-5) shall prevent a movant | ||||||
| 16 | from applying for any other relief under this Section or any | ||||||
| 17 | other law otherwise available to him or her. | ||||||
| 18 | As used in this subsection (b-5): | ||||||
| 19 | "Domestic violence" means abuse as defined in Section | ||||||
| 20 | 103
of the Illinois Domestic Violence Act of 1986. | ||||||
| 21 | "Forcible felony" has the meaning ascribed to the term | ||||||
| 22 | in
Section 2-8 of the Criminal Code of 2012. | ||||||
| 23 | "Intimate partner" means a spouse or former spouse, | ||||||
| 24 | persons
who have or allegedly have had a child in common, | ||||||
| 25 | or persons who
have or have had a dating or engagement | ||||||
| 26 | relationship. | ||||||
| |||||||
| |||||||
| 1 | (c) Except as provided in Section 20b of the Adoption Act | ||||||
| 2 | and Section
2-32 of the Juvenile Court Act of 1987 or in a | ||||||
| 3 | petition based
upon Section 116-3 of the Code of Criminal | ||||||
| 4 | Procedure of 1963, the petition
must be filed not later than 2 | ||||||
| 5 | years after the entry of the order or judgment.
Time during | ||||||
| 6 | which the person seeking relief is under legal disability or
| ||||||
| 7 | duress or the ground for relief is fraudulently concealed shall | ||||||
| 8 | be excluded
in computing the period of 2 years.
| ||||||
| 9 | (d) The filing of a petition under this Section does not | ||||||
| 10 | affect the
order or judgment, or suspend its operation.
| ||||||
| 11 | (e) Unless lack of jurisdiction affirmatively appears from | ||||||
| 12 | the
record proper, the vacation or modification of an order or | ||||||
| 13 | judgment
pursuant to the provisions of this Section does not | ||||||
| 14 | affect the right,
title or interest in or to any real or | ||||||
| 15 | personal property of any person,
not a party to the original | ||||||
| 16 | action, acquired for value after the entry
of the order or | ||||||
| 17 | judgment but before the filing of the petition, nor
affect any | ||||||
| 18 | right of any person not a party to the original action under
| ||||||
| 19 | any certificate of sale issued before the filing of the | ||||||
| 20 | petition,
pursuant to a sale based on the order or judgment.
| ||||||
| 21 | (f) Nothing contained in this Section affects any existing | ||||||
| 22 | right to
relief from a void order or judgment, or to employ any | ||||||
| 23 | existing method
to procure that relief.
| ||||||
| 24 | (Source: P.A. 99-85, eff. 1-1-16; 99-384, eff. 1-1-16; revised | ||||||
| 25 | 10-19-15.)
| ||||||
| |||||||
| |||||||
| 1 | (735 ILCS 5/3-102) (from Ch. 110, par. 3-102)
| ||||||
| 2 | Sec. 3-102. Scope of Article. This Article III of this Act | ||||||
| 3 | shall apply to and
govern every action to review judicially a | ||||||
| 4 | final decision of any administrative
agency where the Act | ||||||
| 5 | creating or conferring power on such agency, by express
| ||||||
| 6 | reference, adopts the provisions of this Article III of this | ||||||
| 7 | Act or its predecessor,
the Administrative Review Act. This | ||||||
| 8 | Article shall be known as the
"Administrative Review Law". In | ||||||
| 9 | all such cases, any other statutory, equitable
or common law | ||||||
| 10 | mode of review of decisions of administrative agencies | ||||||
| 11 | heretofore
available shall not hereafter be employed.
| ||||||
| 12 | Unless review is sought of an administrative decision | ||||||
| 13 | within the time
and in the manner herein provided, the parties | ||||||
| 14 | to the proceeding before
the administrative agency shall be | ||||||
| 15 | barred from obtaining judicial review
of such administrative | ||||||
| 16 | decision. In an action to review any final
decision of any | ||||||
| 17 | administrative agency brought under this Article III, if a
| ||||||
| 18 | judgment is reversed or entered against the plaintiff, or the | ||||||
| 19 | action is
voluntarily dismissed by the plaintiff, or the action | ||||||
| 20 | is dismissed for want
of prosecution, or the action is | ||||||
| 21 | dismissed by a United States District
Court for lack of | ||||||
| 22 | jurisdiction, neither the plaintiff nor his or her heirs,
| ||||||
| 23 | executors, or administrators may commence a new action within | ||||||
| 24 | one year or
within the remaining period of limitation, | ||||||
| 25 | whichever is greater. All
proceedings in the court for revision | ||||||
| 26 | of such final decision shall terminate
upon the date of the | ||||||
| |||||||
| |||||||
| 1 | entry of any Order under either Section 2-1009 or
Section | ||||||
| 2 | 13-217. Such Order shall cause the final administrative | ||||||
| 3 | decision of
any administrative agency to become immediately | ||||||
| 4 | enforceable. If under the
terms of the Act governing the | ||||||
| 5 | procedure before an administrative agency an
administrative | ||||||
| 6 | decision has become final because of the failure to file any
| ||||||
| 7 | document in the nature of objections, protests, petition for | ||||||
| 8 | hearing or
application for administrative review within the | ||||||
| 9 | time allowed by such Act, such
decision shall not be subject to | ||||||
| 10 | judicial review hereunder excepting only for
the purpose of | ||||||
| 11 | questioning the jurisdiction of the administrative agency over
| ||||||
| 12 | the person or subject matter.
| ||||||
| 13 | (Source: P.A. 88-1; revised 10-19-15.)
| ||||||
| 14 | (735 ILCS 5/12-654) (from Ch. 110, par. 12-654)
| ||||||
| 15 | Sec. 12-654. Stay.
| ||||||
| 16 | (a) If the judgment debtor shows the circuit court that an | ||||||
| 17 | appeal from
the foreign judgment is pending or will be taken, | ||||||
| 18 | or that a stay of
execution has been granted, the court shall | ||||||
| 19 | stay enforcement of the foreign
judgment until the appeal is | ||||||
| 20 | concluded, the time for appeal expires, or the
stay of | ||||||
| 21 | execution expires or is vacated, upon proof that the judgment
| ||||||
| 22 | debtor has furnished the security for the satisfaction of the | ||||||
| 23 | judgment
required by the state in which it is was rendered.
| ||||||
| 24 | (b) If the judgment debtor shows the circuit court any | ||||||
| 25 | ground upon which
enforcement of a judgment of any circuit | ||||||
| |||||||
| |||||||
| 1 | court for any county of this State
would be stayed, the court | ||||||
| 2 | shall stay enforcement of the foreign judgment
for an | ||||||
| 3 | appropriate period, upon requiring the same security for
| ||||||
| 4 | satisfaction of the judgment which is required in this State.
| ||||||
| 5 | (Source: P.A. 87-358; 87-895; revised 10-19-15.)
| ||||||
| 6 | Section 570. The Mental Health and Developmental | ||||||
| 7 | Disabilities Confidentiality Act is amended by changing | ||||||
| 8 | Section 12 as follows:
| ||||||
| 9 | (740 ILCS 110/12) (from Ch. 91 1/2, par. 812)
| ||||||
| 10 | Sec. 12. (a) If the United States Secret Service or the | ||||||
| 11 | Department of
State Police requests information from a mental | ||||||
| 12 | health or developmental
disability facility, as defined in | ||||||
| 13 | Section 1-107 and 1-114 of the Mental
Health and Developmental | ||||||
| 14 | Disabilities Code, relating to a specific
recipient and the | ||||||
| 15 | facility director determines that disclosure of such
| ||||||
| 16 | information may be necessary to protect the life of, or to | ||||||
| 17 | prevent
the infliction of great bodily harm to, a public | ||||||
| 18 | official,
or a person under the protection of the United
States | ||||||
| 19 | Secret Service, only the following information
may be | ||||||
| 20 | disclosed: the recipient's name, address, and age and the date | ||||||
| 21 | of
any admission to or discharge from a facility; and any | ||||||
| 22 | information which
would indicate whether or not the recipient | ||||||
| 23 | has a history of violence or
presents a danger of violence to | ||||||
| 24 | the person under protection. Any information
so disclosed shall | ||||||
| |||||||
| |||||||
| 1 | be used for investigative purposes only and shall not
be | ||||||
| 2 | publicly disseminated.
Any person participating in good faith | ||||||
| 3 | in the disclosure of such
information in accordance with this | ||||||
| 4 | provision shall have immunity from any
liability, civil, | ||||||
| 5 | criminal or otherwise, if such information is disclosed
relying | ||||||
| 6 | upon the representation of an officer of the United States | ||||||
| 7 | Secret
Service or the Department of State Police that a person | ||||||
| 8 | is under the
protection of the United States Secret Service or | ||||||
| 9 | is a public official.
| ||||||
| 10 | For the purpose of this subsection (a), the term "public | ||||||
| 11 | official" means
the Governor, Lieutenant Governor, Attorney | ||||||
| 12 | General, Secretary of State,
State Comptroller, State | ||||||
| 13 | Treasurer, member of the General Assembly, member of the United | ||||||
| 14 | States Congress, Judge of the United States as defined in 28 | ||||||
| 15 | U.S.C. 451, Justice of the United States as defined in 28 | ||||||
| 16 | U.S.C. 451, United States Magistrate Judge as defined in 28 | ||||||
| 17 | U.S.C. 639, Bankruptcy Judge appointed under 28 U.S.C. 152, or | ||||||
| 18 | Supreme, Appellate, Circuit, or Associate Judge of the State of | ||||||
| 19 | Illinois. The
term shall also include the spouse, child or | ||||||
| 20 | children of a public official.
| ||||||
| 21 | (b) The Department of Human Services (acting as successor | ||||||
| 22 | to the
Department of Mental Health and Developmental | ||||||
| 23 | Disabilities) and all
public or private hospitals and mental | ||||||
| 24 | health facilities are required, as hereafter described in this | ||||||
| 25 | subsection,
to furnish the Department of State Police only such | ||||||
| 26 | information as may
be required for the sole purpose of | ||||||
| |||||||
| |||||||
| 1 | determining whether an individual who
may be or may have been a | ||||||
| 2 | patient is disqualified because of that status
from receiving | ||||||
| 3 | or retaining a Firearm Owner's Identification Card or falls | ||||||
| 4 | within the federal prohibitors under subsection (e), (f), (g), | ||||||
| 5 | (r), (s), or (t) of Section 8 of the Firearm Owners | ||||||
| 6 | Identification Card Act, or falls within the federal | ||||||
| 7 | prohibitors in 18 U.S.C. 922(g) and (n). All physicians, | ||||||
| 8 | clinical psychologists, or qualified examiners at public or | ||||||
| 9 | private mental health facilities or parts thereof as defined in | ||||||
| 10 | this subsection shall, in the form and manner required
by the | ||||||
| 11 | Department, provide notice directly to the Department of Human | ||||||
| 12 | Services, or to his or her employer who shall then report to | ||||||
| 13 | the Department, within 24 hours after determining that a person | ||||||
| 14 | poses a clear and present danger to himself, herself, or | ||||||
| 15 | others, or within 7 days after a person 14 years or older is | ||||||
| 16 | determined to be a person with a developmental disability by a | ||||||
| 17 | physician, clinical psychologist, or qualified examiner as | ||||||
| 18 | described in Section 1.1 of the Firearm Owners Identification | ||||||
| 19 | Card Act. If a person is a patient as described in clause (1) | ||||||
| 20 | of the definition of "patient" in Section 1.1 of the Firearm | ||||||
| 21 | Owners Identification Card Act, this information shall be | ||||||
| 22 | furnished within 7 days after
admission to a public or private | ||||||
| 23 | hospital or mental health facility or the provision of | ||||||
| 24 | services. Any such information disclosed under
this subsection | ||||||
| 25 | shall
remain privileged and confidential, and shall not be | ||||||
| 26 | redisclosed, except as required by subsection (e) of Section | ||||||
| |||||||
| |||||||
| 1 | 3.1 of the Firearm Owners Identification Card Act, nor utilized
| ||||||
| 2 | for any other purpose. The method of requiring the providing of | ||||||
| 3 | such
information shall guarantee that no information is | ||||||
| 4 | released beyond what
is necessary for this purpose. In | ||||||
| 5 | addition, the information disclosed
shall be provided
by the | ||||||
| 6 | Department within the time period established by Section 24-3 | ||||||
| 7 | of the
Criminal Code of 2012 regarding the delivery of | ||||||
| 8 | firearms. The method used
shall be sufficient to provide the | ||||||
| 9 | necessary information within the
prescribed time period, which | ||||||
| 10 | may include periodically providing
lists to the Department of | ||||||
| 11 | Human Services
or any public or private hospital or mental | ||||||
| 12 | health facility of Firearm Owner's Identification Card | ||||||
| 13 | applicants
on which the Department or hospital shall indicate | ||||||
| 14 | the identities of those
individuals who are to its knowledge | ||||||
| 15 | disqualified from having a Firearm
Owner's Identification Card | ||||||
| 16 | for reasons described herein. The Department
may provide for a | ||||||
| 17 | centralized source
of information for the State on this subject | ||||||
| 18 | under its jurisdiction. The identity of the person reporting | ||||||
| 19 | under this subsection shall not be disclosed to the subject of | ||||||
| 20 | the report. For the purposes of this subsection, the physician, | ||||||
| 21 | clinical psychologist, or qualified examiner making the | ||||||
| 22 | determination and his or her employer shall not be held | ||||||
| 23 | criminally, civilly, or professionally liable for making or not | ||||||
| 24 | making the notification required under this subsection, except | ||||||
| 25 | for willful or wanton misconduct.
| ||||||
| 26 | Any person, institution, or agency, under this Act, | ||||||
| |||||||
| |||||||
| 1 | participating in
good faith in the reporting or disclosure of | ||||||
| 2 | records and communications
otherwise in accordance with this | ||||||
| 3 | provision or with rules, regulations or
guidelines issued by | ||||||
| 4 | the Department shall have immunity from any
liability, civil, | ||||||
| 5 | criminal or otherwise, that might result by reason of the
| ||||||
| 6 | action. For the purpose of any proceeding, civil or criminal,
| ||||||
| 7 | arising out of a report or disclosure in accordance with this | ||||||
| 8 | provision,
the good faith of any person,
institution, or agency | ||||||
| 9 | so reporting or disclosing shall be presumed. The
full extent | ||||||
| 10 | of the immunity provided in this subsection (b) shall apply to
| ||||||
| 11 | any person, institution or agency that fails to make a report | ||||||
| 12 | or disclosure
in the good faith belief that the report or | ||||||
| 13 | disclosure would violate
federal regulations governing the | ||||||
| 14 | confidentiality of alcohol and drug abuse
patient records | ||||||
| 15 | implementing 42 U.S.C. 290dd-3 and 290ee-3.
| ||||||
| 16 | For purposes of this subsection (b) only, the following | ||||||
| 17 | terms shall have
the meaning prescribed:
| ||||||
| 18 | (1) (Blank).
| ||||||
| 19 | (1.3) "Clear and present danger" has the meaning as | ||||||
| 20 | defined in Section 1.1 of the Firearm Owners Identification | ||||||
| 21 | Card Act. | ||||||
| 22 | (1.5) "Person with a developmental disability" has the | ||||||
| 23 | meaning as defined in Section 1.1 of the Firearm Owners | ||||||
| 24 | Identification Card Act.
| ||||||
| 25 | (2) "Patient" has the meaning as defined in Section 1.1 | ||||||
| 26 | of the Firearm Owners Identification Card Act.
| ||||||
| |||||||
| |||||||
| 1 | (3) "Mental health facility" has the meaning as defined | ||||||
| 2 | in Section 1.1 of the Firearm Owners Identification Card | ||||||
| 3 | Act.
| ||||||
| 4 | (c) Upon the request of a peace officer who takes a person | ||||||
| 5 | into custody
and transports such person to a mental health or | ||||||
| 6 | developmental disability
facility pursuant to Section 3-606 or | ||||||
| 7 | 4-404 of the Mental Health and
Developmental Disabilities Code | ||||||
| 8 | or who transports a person from such facility,
a facility | ||||||
| 9 | director shall furnish said peace officer the name, address, | ||||||
| 10 | age
and name of the nearest relative of the person transported | ||||||
| 11 | to or from the
mental health or developmental disability | ||||||
| 12 | facility. In no case shall the
facility director disclose to | ||||||
| 13 | the peace officer any information relating to the
diagnosis, | ||||||
| 14 | treatment or evaluation of the person's mental or physical | ||||||
| 15 | health.
| ||||||
| 16 | For the purposes of this subsection (c), the terms "mental | ||||||
| 17 | health or
developmental disability facility", "peace officer" | ||||||
| 18 | and "facility director"
shall have the meanings ascribed to | ||||||
| 19 | them in the Mental Health and
Developmental Disabilities Code.
| ||||||
| 20 | (d) Upon the request of a peace officer or prosecuting | ||||||
| 21 | authority who is
conducting a bona fide investigation of a | ||||||
| 22 | criminal offense, or attempting to
apprehend a fugitive from | ||||||
| 23 | justice,
a facility director may disclose whether a person is | ||||||
| 24 | present at the facility.
Upon request of a peace officer or | ||||||
| 25 | prosecuting authority who has a valid
forcible felony warrant | ||||||
| 26 | issued, a facility director shall disclose: (1) whether
the | ||||||
| |||||||
| |||||||
| 1 | person who is the subject of the warrant is present at the | ||||||
| 2 | facility and (2)
the
date of that person's discharge or future | ||||||
| 3 | discharge from the facility.
The requesting peace officer or | ||||||
| 4 | prosecuting authority must furnish a case
number and the | ||||||
| 5 | purpose of the investigation or an outstanding arrest warrant | ||||||
| 6 | at
the time of the request. Any person, institution, or agency
| ||||||
| 7 | participating in good faith in disclosing such information in | ||||||
| 8 | accordance with
this subsection (d) is immune from any | ||||||
| 9 | liability, civil, criminal or
otherwise, that might result by | ||||||
| 10 | reason of the action.
| ||||||
| 11 | (Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15; 99-143, | ||||||
| 12 | eff. 7-27-15; revised 10-22-15.)
| ||||||
| 13 | Section 575. The Premises Liability Act is amended by | ||||||
| 14 | changing Section 4.1 as follows:
| ||||||
| 15 | (740 ILCS 130/4.1)
| ||||||
| 16 | Sec. 4.1. Off-road riding facilities; liability.
| ||||||
| 17 | (a) As used in this Section, "off-road riding
facility" | ||||||
| 18 | means:
| ||||||
| 19 | (1) an area of land, consisting of a closed course, | ||||||
| 20 | designed for
use of off-highway vehicles in events such as, | ||||||
| 21 | but not limited to, dirt track,
short track, flat track, | ||||||
| 22 | speedway, drag racing, grand prix, hare scrambles,
hill
| ||||||
| 23 | climb, ice racing, observed trails, mud and snow scrambles, | ||||||
| 24 | tractor pulls,
sled pulls, truck pulls, mud runs, or other | ||||||
| |||||||
| |||||||
| 1 | contests of a side-by-side nature
in
a
sporting event for | ||||||
| 2 | practice, instruction, testing, or competition of
| ||||||
| 3 | off-highway
vehicles; or
| ||||||
| 4 | (2) a thoroughfare or track across land or snow used | ||||||
| 5 | for
off-highway motorcycles or all-terrain vehicles.
| ||||||
| 6 | (b) An owner or operator of an off-road riding facility in | ||||||
| 7 | existence on
January 1, 2002 is immune from any criminal | ||||||
| 8 | liability arising out of or as a
consequence of noise or sound | ||||||
| 9 | emissions resulting from the use of
the off-road riding | ||||||
| 10 | facility.
An owner or operator of an a off-road
riding facility | ||||||
| 11 | is not subject to any
action for public or private nuisance or | ||||||
| 12 | trespass, and no court in this State
may enjoin the use or | ||||||
| 13 | operation of an a off-road riding facility
on the basis of | ||||||
| 14 | noise or sound emissions resulting from the
use of the off-road | ||||||
| 15 | riding facility.
| ||||||
| 16 | (c) An owner or operator of an a off-road riding facility | ||||||
| 17 | placed in operation
after January 1, 2002 is immune from any | ||||||
| 18 | criminal liability and is not subject
to
any action for public | ||||||
| 19 | or private nuisance or trespass arising out of or as a
| ||||||
| 20 | consequence of noise or sound emissions resulting from the use | ||||||
| 21 | of
the off-road riding facility, if the off-road riding | ||||||
| 22 | facility conforms to any
one of
the following requirements:
| ||||||
| 23 | (1) All areas from which an off-road vehicle may be | ||||||
| 24 | properly operated
are at least 1,000 feet from any occupied | ||||||
| 25 | permanent dwelling on
adjacent property at the time the | ||||||
| 26 | facility was placed into operation.
| ||||||
| |||||||
| |||||||
| 1 | (2) The off-road riding facility is situated on land | ||||||
| 2 | otherwise subject to
land use zoning, and the off-road | ||||||
| 3 | riding facility was not prohibited by
the zoning authority | ||||||
| 4 | at the time the facility was placed into operation.
| ||||||
| 5 | (3) The off-road riding facility is operated by a | ||||||
| 6 | governmental
entity or
the off-road riding facility was the | ||||||
| 7 | recipient of grants
under the Recreational Trails of | ||||||
| 8 | Illinois Act.
| ||||||
| 9 | (d) The civil immunity in subsection (c) does not apply if | ||||||
| 10 | there is
willful or wanton misconduct outside the normal use of | ||||||
| 11 | the off-road riding
facility.
| ||||||
| 12 | (Source: P.A. 98-847, eff. 1-1-15; revised 10-19-15.)
| ||||||
| 13 | Section 580. The Illinois Marriage and Dissolution of | ||||||
| 14 | Marriage Act is amended by changing Section 513 as follows:
| ||||||
| 15 | (750 ILCS 5/513) (from Ch. 40, par. 513)
| ||||||
| 16 | Sec. 513. Educational Expenses for a Non-minor Child.
| ||||||
| 17 | (a) The court may award sums of money out of the property | ||||||
| 18 | and income of
either or both parties or the estate of a | ||||||
| 19 | deceased parent, as equity may
require, for the educational | ||||||
| 20 | expenses of any child of the parties. Unless otherwise agreed | ||||||
| 21 | to by the parties, all educational expenses which are the | ||||||
| 22 | subject of a petition brought pursuant to this Section shall be | ||||||
| 23 | incurred no later than the student's 23rd birthday, except for | ||||||
| 24 | good cause shown, but in no event later than the child's 25th | ||||||
| |||||||
| |||||||
| 1 | birthday. | ||||||
| 2 | (b) Regardless of whether an award has been made under | ||||||
| 3 | subsection (a), the court may require both parties and the | ||||||
| 4 | child to complete the Free Application for Federal Student Aid | ||||||
| 5 | (FAFSA) and other financial aid forms and to submit any form of | ||||||
| 6 | that type prior to the designated submission deadline for the | ||||||
| 7 | form. The court may require either or both parties to provide | ||||||
| 8 | funds for the child so as to pay for the cost of up to 5 college | ||||||
| 9 | applications, the cost of 2 standardized college entrance | ||||||
| 10 | examinations, and the cost of one standardized college entrance | ||||||
| 11 | examination preparatory course. | ||||||
| 12 | (c) The authority under this Section to make provision for | ||||||
| 13 | educational expenses extends not only to periods of college | ||||||
| 14 | education or vocational or professional or other training after | ||||||
| 15 | graduation from high school, but also to any period during | ||||||
| 16 | which the child of the parties is still attending high school, | ||||||
| 17 | even though he or she attained the age of 19. | ||||||
| 18 | (d) Educational expenses may include, but shall not be | ||||||
| 19 | limited to, the following: | ||||||
| 20 | (1) except for good cause shown, the actual cost of the | ||||||
| 21 | child's post-secondary expenses, including tuition and | ||||||
| 22 | fees, provided that the cost for tuition and fees does not | ||||||
| 23 | exceed the amount of tuition and fees paid by a student at | ||||||
| 24 | the University of Illinois at Urbana-Champaign for the same | ||||||
| 25 | academic year; | ||||||
| 26 | (2) except for good cause shown, the actual costs of | ||||||
| |||||||
| |||||||
| 1 | the child's housing expenses, whether on-campus or | ||||||
| 2 | off-campus, provided that the housing expenses do not | ||||||
| 3 | exceed the cost for the same academic year of a | ||||||
| 4 | double-occupancy student room, with a standard meal plan, | ||||||
| 5 | in a residence hall operated by the University of Illinois | ||||||
| 6 | at Urbana-Champaign; | ||||||
| 7 | (3) the actual costs of the child's medical expenses, | ||||||
| 8 | including medical insurance, and dental expenses; | ||||||
| 9 | (4) the reasonable living expenses of the child during | ||||||
| 10 | the academic year and periods of recess: | ||||||
| 11 | (A) if the child is a resident student attending a | ||||||
| 12 | post-secondary educational program; or | ||||||
| 13 | (B) if the child is living with one party at that | ||||||
| 14 | party's home and attending a post-secondary | ||||||
| 15 | educational program as a non-resident student, in | ||||||
| 16 | which case the living expenses include an amount that | ||||||
| 17 | pays for the reasonable cost of the child's food, | ||||||
| 18 | utilities, and transportation; and | ||||||
| 19 | (5) the cost of books and other supplies necessary to | ||||||
| 20 | attend college. | ||||||
| 21 | (e) Sums may be ordered payable to the child, to either | ||||||
| 22 | party, or to the educational institution, directly or through a | ||||||
| 23 | special account or trust created for that purpose, as the court | ||||||
| 24 | sees fit. | ||||||
| 25 | (f) If educational expenses are ordered payable, each party | ||||||
| 26 | and the child shall sign any consent necessary for the | ||||||
| |||||||
| |||||||
| 1 | educational institution to provide a supporting party with | ||||||
| 2 | access to the child's academic transcripts, records, and grade | ||||||
| 3 | reports. The consent shall not apply to any non-academic | ||||||
| 4 | records. Failure to execute the required consent may be a basis | ||||||
| 5 | for a modification or termination of any order entered under | ||||||
| 6 | this Section. Unless the court specifically finds that the | ||||||
| 7 | child's safety would be jeopardized, each party is entitled to | ||||||
| 8 | know the name of the educational institution the child attends. | ||||||
| 9 | (g) The authority under this Section to make provision for | ||||||
| 10 | educational expenses terminates when the child either: fails to | ||||||
| 11 | maintain a cumulative "C" grade point average, except in the | ||||||
| 12 | event of illness or other good cause shown; attains the age of | ||||||
| 13 | 23; receives a baccalaureate degree; or marries. A child's | ||||||
| 14 | enlisting in the armed forces, being incarcerated, or becoming | ||||||
| 15 | pregnant does not terminate the court's authority to make | ||||||
| 16 | provisions for the educational expenses for the child under | ||||||
| 17 | this Section. | ||||||
| 18 | (h) An account established prior to the dissolution that is | ||||||
| 19 | to be used for the child's post-secondary education, that is an | ||||||
| 20 | account in a state tuition program under Section 529 of the | ||||||
| 21 | Internal Revenue Code, or that is some other college savings | ||||||
| 22 | plan, is to be considered by the court to be a resource of the | ||||||
| 23 | child, provided that any post-judgment contribution made by a | ||||||
| 24 | party to such an account is to be considered a contribution | ||||||
| 25 | from that party. | ||||||
| 26 | (i) The child is not a third party beneficiary to the | ||||||
| |||||||
| |||||||
| 1 | settlement agreement or judgment between the parties after | ||||||
| 2 | trial and is not entitled to file a petition for contribution. | ||||||
| 3 | If the parties' settlement agreement describes the manner in | ||||||
| 4 | which a child's educational expenses will be paid, or if the | ||||||
| 5 | court makes an award pursuant to this Section, then the parties | ||||||
| 6 | are responsible pursuant to that agreement or award for the | ||||||
| 7 | child's educational expenses, but in no event shall the court | ||||||
| 8 | consider the child a third party beneficiary of that provision. | ||||||
| 9 | In the event of the death or legal disability of a party who | ||||||
| 10 | would have the right to file a petition for contribution, the | ||||||
| 11 | child of the party may file a petition for contribution. a | ||||||
| 12 | person with a mental or physical disability a person with a | ||||||
| 13 | mental or physical disability
| ||||||
| 14 | (j) In making awards under this Section, or
pursuant to a | ||||||
| 15 | petition or motion to decrease, modify, or terminate any such
| ||||||
| 16 | award, the court shall consider all relevant factors that | ||||||
| 17 | appear reasonable
and necessary, including:
| ||||||
| 18 | (1) The present and future financial resources of both | ||||||
| 19 | parties to meet their needs, including, but not limited to, | ||||||
| 20 | savings for retirement.
| ||||||
| 21 | (2) The standard of living the child would have enjoyed | ||||||
| 22 | had the marriage not been dissolved.
| ||||||
| 23 | (3) The financial resources of the child.
| ||||||
| 24 | (4) The child's academic performance.
| ||||||
| 25 | (k) The establishment of an obligation to pay under this | ||||||
| 26 | Section is retroactive only to the date of filing a petition. | ||||||
| |||||||
| |||||||
| 1 | The right to enforce a prior obligation to pay may be enforced | ||||||
| 2 | either before or after the obligation is incurred. | ||||||
| 3 | (Source: P.A. 99-90, eff. 1-1-16; 99-143, eff. 7-27-15; revised | ||||||
| 4 | 10-22-15.)
| ||||||
| 5 | Section 585. The Uniform Interstate Family Support Act is | ||||||
| 6 | amended by changing Section 102 as follows:
| ||||||
| 7 | (750 ILCS 22/102) (was 750 ILCS 22/101)
| ||||||
| 8 | Sec. 102. Definitions. In this Act:
| ||||||
| 9 | (1) "Child" means an individual, whether over or under the
| ||||||
| 10 | age of majority, who is or is alleged to be owed a duty of | ||||||
| 11 | support by the
individual's parent or who is or is alleged to | ||||||
| 12 | be the beneficiary of a
support order directed to the parent.
| ||||||
| 13 | (2) "Child-support order" means a support order for a | ||||||
| 14 | child,
including a child who has attained the age of majority | ||||||
| 15 | under the law of the issuing state or foreign country.
| ||||||
| 16 | (3) "Convention" means the Convention on the International | ||||||
| 17 | Recovery of Child Support and Other Forms of Family | ||||||
| 18 | Maintenance, concluded at The Hague on November 23, 2007. | ||||||
| 19 | (4) "Duty of support" means an obligation imposed or | ||||||
| 20 | imposable
by law to provide support for a child, spouse, or | ||||||
| 21 | former
spouse including an unsatisfied obligation to provide | ||||||
| 22 | support.
| ||||||
| 23 | (5) "Foreign country" means a country, including a | ||||||
| 24 | political subdivision thereof, other than the United States, | ||||||
| |||||||
| |||||||
| 1 | that authorizes the issuance of support orders and: | ||||||
| 2 | (A) which has been declared under the law of the United | ||||||
| 3 | States to be a foreign reciprocating country; | ||||||
| 4 | (B) which has established a reciprocal arrangement for | ||||||
| 5 | child support with this State as provided in Section 308; | ||||||
| 6 | (C) which has enacted a law or established procedures | ||||||
| 7 | for the issuance and enforcement of support orders which | ||||||
| 8 | are substantially similar to the procedures under this Act; | ||||||
| 9 | or | ||||||
| 10 | (D) in which the Convention is in force with respect to | ||||||
| 11 | the United States. | ||||||
| 12 | (6) "Foreign support order" means a support order of a | ||||||
| 13 | foreign tribunal. | ||||||
| 14 | (7) "Foreign tribunal" means a court, administrative | ||||||
| 15 | agency, or quasi-judicial entity of a foreign country which is | ||||||
| 16 | authorized to establish, enforce, or modify support orders or | ||||||
| 17 | to determine parentage of a child. The term includes a | ||||||
| 18 | competent authority under the Convention. | ||||||
| 19 | (8) "Home state" means the state or foreign country in | ||||||
| 20 | which a child lived with a
parent or a person acting as parent | ||||||
| 21 | for at least 6 consecutive months
immediately preceding the | ||||||
| 22 | time of filing of a petition or comparable
pleading for | ||||||
| 23 | support, and if a child is less than 6 months old, the state or | ||||||
| 24 | foreign country
in which the child lived from birth with any of | ||||||
| 25 | them. A period of
temporary absence of any of them is counted | ||||||
| 26 | as part of the 6-month or
other period.
| ||||||
| |||||||
| |||||||
| 1 | (9) "Income" includes earnings or other periodic | ||||||
| 2 | entitlements to
money from any source and any other property | ||||||
| 3 | subject to withholding for
support under the law of this State.
| ||||||
| 4 | (10) "Income-withholding order" means an order or other | ||||||
| 5 | legal
process directed to an obligor's employer or other | ||||||
| 6 | debtor, as
defined by the Income Withholding for Support Act, | ||||||
| 7 | 2015, to
withhold support from the income of the obligor. | ||||||
| 8 | (11) "Initiating tribunal" means the tribunal of a state or | ||||||
| 9 | foreign country from which a petition or comparable pleading is
| ||||||
| 10 | forwarded or in which a petition or comparable pleading is | ||||||
| 11 | filed for forwarding to another state or foreign country.
| ||||||
| 12 | (12) "Issuing foreign country" means the foreign country in | ||||||
| 13 | which a tribunal issues a support order or a judgment | ||||||
| 14 | determining parentage of a child. | ||||||
| 15 | (13) "Issuing state" means the state in which a tribunal | ||||||
| 16 | issues a
support order or a judgment determining parentage of a | ||||||
| 17 | child.
| ||||||
| 18 | (14) "Issuing tribunal" means the tribunal of a state or | ||||||
| 19 | foreign country that issues a support
order or a judgment | ||||||
| 20 | determining parentage of a child.
| ||||||
| 21 | (15) "Law" includes decisional and statutory law and rules | ||||||
| 22 | and regulations having the force of law. | ||||||
| 23 | (16) "Obligee" means:
| ||||||
| 24 | (A) an individual to whom a duty of support is or is | ||||||
| 25 | alleged to
be owed or in whose favor a support order or a | ||||||
| 26 | judgment
determining parentage of a child has been issued;
| ||||||
| |||||||
| |||||||
| 1 | (B) a foreign country, state, or political subdivision | ||||||
| 2 | of a state to which the rights under a
duty of support or | ||||||
| 3 | support order have been assigned or which has
independent | ||||||
| 4 | claims based on financial assistance provided to an
| ||||||
| 5 | individual obligee in place of child support;
| ||||||
| 6 | (C) an individual seeking a judgment determining | ||||||
| 7 | parentage of
the individual's child; or
| ||||||
| 8 | (D) a person that is a creditor in a proceeding under | ||||||
| 9 | Article 7. | ||||||
| 10 | (17) "Obligor" means an individual, or the estate of a | ||||||
| 11 | decedent that:
| ||||||
| 12 | (A) owes or is alleged to owe a duty of support;
| ||||||
| 13 | (B) is alleged but has not been adjudicated to be
a | ||||||
| 14 | parent of a child;
| ||||||
| 15 | (C) is liable under a support order; or
| ||||||
| 16 | (D) is a debtor in a proceeding under Article 7. | ||||||
| 17 | (18) "Outside this State" means a location in another state | ||||||
| 18 | or a country other than the United States, whether or not the | ||||||
| 19 | country is a foreign country. | ||||||
| 20 | (19) "Person" means an individual, corporation, business | ||||||
| 21 | trust, estate, trust,
partnership, limited liability company, | ||||||
| 22 | association, joint venture, public corporation, government or
| ||||||
| 23 | governmental subdivision, agency, or instrumentality, or any
| ||||||
| 24 | other legal or commercial entity.
| ||||||
| 25 | (20) "Record" means information that is inscribed on a | ||||||
| 26 | tangible medium or that
is stored in an electronic or other | ||||||
| |||||||
| |||||||
| 1 | medium and is retrievable in perceivable
form.
| ||||||
| 2 | (21) "Register" means to record or file in a tribunal of | ||||||
| 3 | this State a support order or judgment determining parentage of | ||||||
| 4 | a child issued in another state or a foreign country.
| ||||||
| 5 | (22) "Registering tribunal" means a tribunal in which a | ||||||
| 6 | support
order or judgment determining parentage of a child is | ||||||
| 7 | registered.
| ||||||
| 8 | (23) "Responding state" means a state in which a petition | ||||||
| 9 | or comparable pleading for support or to determine parentage of | ||||||
| 10 | a child is filed or to
which a petition or comparable pleading | ||||||
| 11 | is forwarded for filing from another state or a foreign | ||||||
| 12 | country.
| ||||||
| 13 | (24) "Responding tribunal" means the authorized tribunal | ||||||
| 14 | in a responding state or foreign country.
| ||||||
| 15 | (25) "Spousal-support order" means a support order for a | ||||||
| 16 | spouse
or former spouse of the obligor.
| ||||||
| 17 | (26) "State" means a state of the United States, the | ||||||
| 18 | District of Columbia, Puerto
Rico, the United States Virgin | ||||||
| 19 | Islands, or any territory or insular possession under
the | ||||||
| 20 | jurisdiction of the United States. The term includes an Indian | ||||||
| 21 | nation or tribe.
| ||||||
| 22 | (27) "Support enforcement agency" means a public official, | ||||||
| 23 | governmental entity, or private
agency authorized to:
| ||||||
| 24 | (A) seek enforcement of support orders or laws relating | ||||||
| 25 | to the duty
of support;
| ||||||
| 26 | (B) seek establishment or modification of child | ||||||
| |||||||
| |||||||
| 1 | support;
| ||||||
| 2 | (C) request determination of parentage of a child;
| ||||||
| 3 | (D) attempt to locate obligors or their assets; or
| ||||||
| 4 | (E) request determination of the controlling | ||||||
| 5 | child-support order.
| ||||||
| 6 | (28) "Support order" means a judgment, decree, order, | ||||||
| 7 | decision, or directive, whether
temporary, final, or subject to | ||||||
| 8 | modification, issued in a state or foreign country for the
| ||||||
| 9 | benefit of a child, a spouse, or a former spouse, which | ||||||
| 10 | provides for monetary
support, health care, arrearages, | ||||||
| 11 | retroactive support, or reimbursement for financial assistance | ||||||
| 12 | provided to an individual obligee in place of child support. | ||||||
| 13 | The term may include related
costs and fees, interest, income | ||||||
| 14 | withholding, automatic adjustment, reasonable attorney's fees, | ||||||
| 15 | and other
relief.
| ||||||
| 16 | (29) "Tribunal" means a court, administrative agency, or
| ||||||
| 17 | quasi-judicial entity authorized to establish, enforce, or
| ||||||
| 18 | modify support orders or to determine parentage of a child.
| ||||||
| 19 | (Source: P.A. 99-78, eff. 7-20-15; 99-85, eff. 1-1-16; 99-119, | ||||||
| 20 | eff. 1-1-16; revised 10-22-15.)
| ||||||
| 21 | Section 590. The Adoption Act is amended by changing | ||||||
| 22 | Sections 1 and 18.06 as follows:
| ||||||
| 23 | (750 ILCS 50/1) (from Ch. 40, par. 1501)
| ||||||
| 24 | Sec. 1. Definitions. When used in this Act, unless the | ||||||
| |||||||
| |||||||
| 1 | context
otherwise requires:
| ||||||
| 2 | A. "Child" means a person under legal age subject to | ||||||
| 3 | adoption under
this Act.
| ||||||
| 4 | B. "Related child" means a child subject to adoption where | ||||||
| 5 | either or both of
the adopting parents stands in any of the | ||||||
| 6 | following relationships to the child
by blood, marriage, | ||||||
| 7 | adoption, or civil union: parent, grand-parent, | ||||||
| 8 | great-grandparent, brother, sister, step-parent,
| ||||||
| 9 | step-grandparent, step-brother, step-sister, uncle, aunt, | ||||||
| 10 | great-uncle,
great-aunt, first cousin, or second cousin. A | ||||||
| 11 | person is related to the child as a first cousin or second | ||||||
| 12 | cousin if they are both related to the same ancestor as either | ||||||
| 13 | grandchild or great-grandchild. A child whose parent has | ||||||
| 14 | executed
a consent to adoption, a surrender, or a waiver | ||||||
| 15 | pursuant to Section 10 of this Act or whose parent has signed a | ||||||
| 16 | denial of paternity pursuant to Section 12 of the Vital Records | ||||||
| 17 | Act or Section 12a of this Act, or whose parent has had his or | ||||||
| 18 | her parental rights
terminated, is not a related child to that | ||||||
| 19 | person, unless (1) the consent is
determined to be void or is | ||||||
| 20 | void pursuant to subsection O of Section 10 of this Act;
or (2) | ||||||
| 21 | the parent of the child executed a consent to adoption by a | ||||||
| 22 | specified person or persons pursuant to subsection A-1 of | ||||||
| 23 | Section 10 of this Act and a court of competent jurisdiction | ||||||
| 24 | finds that such consent is void; or (3) the order terminating | ||||||
| 25 | the parental rights of the parent is vacated by a court of | ||||||
| 26 | competent jurisdiction.
| ||||||
| |||||||
| |||||||
| 1 | C. "Agency" for the purpose of this Act means a public | ||||||
| 2 | child welfare agency
or a licensed child welfare agency.
| ||||||
| 3 | D. "Unfit person" means any person whom the court shall | ||||||
| 4 | find to be unfit
to have a child, without regard to the | ||||||
| 5 | likelihood that the child will be
placed for adoption. The | ||||||
| 6 | grounds of unfitness are any one or more
of the following, | ||||||
| 7 | except that a person shall not be considered an unfit
person | ||||||
| 8 | for the sole reason that the person has relinquished a child in
| ||||||
| 9 | accordance with the Abandoned Newborn Infant Protection Act:
| ||||||
| 10 | (a) Abandonment of the child.
| ||||||
| 11 | (a-1) Abandonment of a newborn infant in a hospital.
| ||||||
| 12 | (a-2) Abandonment of a newborn infant in any setting | ||||||
| 13 | where the evidence
suggests that the parent intended to | ||||||
| 14 | relinquish his or her parental rights.
| ||||||
| 15 | (b) Failure to maintain a reasonable degree of | ||||||
| 16 | interest, concern or
responsibility as to the child's | ||||||
| 17 | welfare.
| ||||||
| 18 | (c) Desertion of the child for more than 3 months next | ||||||
| 19 | preceding the
commencement of the Adoption proceeding.
| ||||||
| 20 | (d) Substantial neglect
of the
child if continuous or | ||||||
| 21 | repeated.
| ||||||
| 22 | (d-1) Substantial neglect, if continuous or repeated, | ||||||
| 23 | of any child
residing in the household which resulted in | ||||||
| 24 | the death of that child.
| ||||||
| 25 | (e) Extreme or repeated cruelty to the child.
| ||||||
| 26 | (f) There is a rebuttable presumption, which can be | ||||||
| |||||||
| |||||||
| 1 | overcome only by clear and convincing evidence, that a | ||||||
| 2 | parent is unfit if:
| ||||||
| 3 | (1) Two or more findings of physical abuse have | ||||||
| 4 | been entered regarding any children under Section 2-21 | ||||||
| 5 | of the Juvenile Court Act
of 1987, the most recent of | ||||||
| 6 | which was determined by the juvenile court
hearing the | ||||||
| 7 | matter to be supported by clear and convincing | ||||||
| 8 | evidence; or | ||||||
| 9 | (2) The parent has been convicted or found not | ||||||
| 10 | guilty by reason of insanity and the conviction or | ||||||
| 11 | finding resulted from the death of any child by | ||||||
| 12 | physical abuse; or
| ||||||
| 13 | (3) There is a finding of physical child abuse | ||||||
| 14 | resulting from the death of any
child under Section | ||||||
| 15 | 2-21 of the
Juvenile Court Act of 1987. | ||||||
| 16 | No conviction or finding of delinquency pursuant | ||||||
| 17 | to Article V of the Juvenile Court Act of 1987 shall be | ||||||
| 18 | considered a criminal conviction for the purpose of | ||||||
| 19 | applying any presumption under this item (f).
| ||||||
| 20 | (g) Failure to protect the child from conditions within | ||||||
| 21 | his environment
injurious to the child's welfare.
| ||||||
| 22 | (h) Other neglect of, or misconduct toward the child; | ||||||
| 23 | provided that in
making a finding of unfitness the court | ||||||
| 24 | hearing the adoption proceeding
shall not be bound by any | ||||||
| 25 | previous finding, order or judgment affecting
or | ||||||
| 26 | determining the rights of the parents toward the child | ||||||
| |||||||
| |||||||
| 1 | sought to be adopted
in any other proceeding except such | ||||||
| 2 | proceedings terminating parental rights
as shall be had | ||||||
| 3 | under either this Act, the Juvenile Court Act or
the | ||||||
| 4 | Juvenile Court Act of 1987.
| ||||||
| 5 | (i) Depravity. Conviction of any one of the following
| ||||||
| 6 | crimes shall create a presumption that a parent is depraved | ||||||
| 7 | which can be
overcome only by clear and convincing | ||||||
| 8 | evidence:
(1) first degree murder in violation of paragraph | ||||||
| 9 | 1 or
2 of subsection (a) of Section 9-1 of the Criminal | ||||||
| 10 | Code of 1961 or the Criminal Code of 2012 or conviction
of | ||||||
| 11 | second degree murder in violation of subsection (a) of | ||||||
| 12 | Section 9-2 of the
Criminal Code of 1961 or the Criminal | ||||||
| 13 | Code of 2012 of a parent of the child to be adopted; (2)
| ||||||
| 14 | first degree murder or second degree murder of any child in
| ||||||
| 15 | violation of the Criminal Code of 1961 or the Criminal Code | ||||||
| 16 | of 2012; (3)
attempt or conspiracy to commit first degree | ||||||
| 17 | murder or second degree murder
of any child in violation of | ||||||
| 18 | the Criminal Code of 1961 or the Criminal Code of 2012; (4)
| ||||||
| 19 | solicitation to commit murder of any child, solicitation to
| ||||||
| 20 | commit murder of any child for hire, or solicitation to | ||||||
| 21 | commit second
degree murder of any child in violation of | ||||||
| 22 | the Criminal Code of 1961 or the Criminal Code of 2012; (5)
| ||||||
| 23 | predatory criminal sexual assault of a child in violation | ||||||
| 24 | of
Section 11-1.40 or 12-14.1 of the Criminal Code of 1961 | ||||||
| 25 | or the Criminal Code of 2012; (6) heinous battery of any | ||||||
| 26 | child in violation of the Criminal Code of 1961; or (7) | ||||||
| |||||||
| |||||||
| 1 | aggravated battery of any child in violation of the | ||||||
| 2 | Criminal Code of 1961 or the Criminal Code of 2012.
| ||||||
| 3 | There is a rebuttable presumption that a parent is | ||||||
| 4 | depraved if the parent
has been criminally convicted of at | ||||||
| 5 | least 3 felonies under the laws of this
State or any other | ||||||
| 6 | state, or under federal law, or the criminal laws of any
| ||||||
| 7 | United States territory; and at least
one of these
| ||||||
| 8 | convictions took place within 5 years of the filing of the | ||||||
| 9 | petition or motion
seeking termination of parental rights.
| ||||||
| 10 | There is a rebuttable presumption that a parent is | ||||||
| 11 | depraved if that
parent
has
been criminally convicted of | ||||||
| 12 | either first or second degree murder of any person
as | ||||||
| 13 | defined in the Criminal Code of 1961 or the Criminal Code | ||||||
| 14 | of 2012 within 10 years of the filing date of
the petition | ||||||
| 15 | or motion to terminate parental rights. | ||||||
| 16 | No conviction or finding of delinquency pursuant to | ||||||
| 17 | Article 5 of the Juvenile Court Act of 1987 shall be | ||||||
| 18 | considered a criminal conviction for the purpose of | ||||||
| 19 | applying any presumption under this item (i).
| ||||||
| 20 | (j) Open and notorious adultery or fornication.
| ||||||
| 21 | (j-1) (Blank).
| ||||||
| 22 | (k) Habitual drunkenness or addiction to drugs, other | ||||||
| 23 | than those
prescribed by a physician, for at least one year | ||||||
| 24 | immediately
prior to the commencement of the unfitness | ||||||
| 25 | proceeding.
| ||||||
| 26 | There is a rebuttable presumption that a parent is | ||||||
| |||||||
| |||||||
| 1 | unfit under this
subsection
with respect to any child to | ||||||
| 2 | which that parent gives birth where there is a
confirmed
| ||||||
| 3 | test result that at birth the child's blood, urine, or | ||||||
| 4 | meconium contained any
amount of a controlled substance as | ||||||
| 5 | defined in subsection (f) of Section 102 of
the Illinois | ||||||
| 6 | Controlled Substances Act or metabolites of such | ||||||
| 7 | substances, the
presence of which in the newborn infant was | ||||||
| 8 | not the result of medical treatment
administered to the | ||||||
| 9 | mother or the newborn infant; and the biological mother of
| ||||||
| 10 | this child is the biological mother of at least one other | ||||||
| 11 | child who was
adjudicated a neglected minor under | ||||||
| 12 | subsection (c) of Section 2-3 of the
Juvenile Court Act of | ||||||
| 13 | 1987.
| ||||||
| 14 | (l) Failure to demonstrate a reasonable degree of | ||||||
| 15 | interest, concern or
responsibility as to the welfare of a | ||||||
| 16 | new born child during the first 30
days after its birth.
| ||||||
| 17 | (m) Failure by a parent (i) to make reasonable efforts | ||||||
| 18 | to correct the
conditions that were the basis for the | ||||||
| 19 | removal of the child from the
parent during any 9-month | ||||||
| 20 | period following the adjudication of neglected or abused | ||||||
| 21 | minor under Section 2-3 of the Juvenile Court Act of 1987 | ||||||
| 22 | or dependent minor under Section 2-4 of that Act, or (ii) | ||||||
| 23 | to make reasonable progress
toward the return of the
child | ||||||
| 24 | to the parent during any 9-month period following the | ||||||
| 25 | adjudication of
neglected or abused minor under Section 2-3 | ||||||
| 26 | of the Juvenile Court
Act of 1987 or dependent minor under | ||||||
| |||||||
| |||||||
| 1 | Section 2-4 of that Act.
If a service plan has been | ||||||
| 2 | established as
required under
Section 8.2 of the Abused and | ||||||
| 3 | Neglected Child Reporting Act to correct the
conditions | ||||||
| 4 | that were the basis for the removal of the child from the | ||||||
| 5 | parent
and if those services were available,
then, for | ||||||
| 6 | purposes of this Act, "failure to make reasonable progress | ||||||
| 7 | toward the
return of the child to the parent" includes the | ||||||
| 8 | parent's failure to substantially fulfill his or her | ||||||
| 9 | obligations
under
the service plan and correct the | ||||||
| 10 | conditions that brought the child into care
during any | ||||||
| 11 | 9-month period
following the adjudication under Section | ||||||
| 12 | 2-3 or 2-4 of the Juvenile Court
Act of 1987. | ||||||
| 13 | Notwithstanding any other provision, when a petition or | ||||||
| 14 | motion seeks to terminate parental rights on the basis of | ||||||
| 15 | item (ii) of this subsection (m), the petitioner shall file | ||||||
| 16 | with the court and serve on the parties a pleading that | ||||||
| 17 | specifies the 9-month period or periods relied on. The | ||||||
| 18 | pleading shall be filed and served on the parties no later | ||||||
| 19 | than 3 weeks before the date set by the court for closure | ||||||
| 20 | of discovery, and the allegations in the pleading shall be | ||||||
| 21 | treated as incorporated into the petition or motion. | ||||||
| 22 | Failure of a respondent to file a written denial of the | ||||||
| 23 | allegations in the pleading shall not be treated as an | ||||||
| 24 | admission that the allegations are true.
| ||||||
| 25 | (m-1) Pursuant to the Juvenile Court Act of 1987, a | ||||||
| 26 | child
has been in foster care for 15 months out of any 22 | ||||||
| |||||||
| |||||||
| 1 | month period which begins
on or after the effective date of | ||||||
| 2 | this amendatory Act of 1998 unless the
child's parent can | ||||||
| 3 | prove
by a preponderance of the evidence that it is more | ||||||
| 4 | likely than not that it will
be in the best interests of | ||||||
| 5 | the child to be returned to the parent within 6
months of | ||||||
| 6 | the date on which a petition for termination of parental | ||||||
| 7 | rights is
filed under the Juvenile Court Act of 1987. The | ||||||
| 8 | 15 month time limit is tolled
during
any period for which | ||||||
| 9 | there is a court finding that the appointed custodian or
| ||||||
| 10 | guardian failed to make reasonable efforts to reunify the | ||||||
| 11 | child with his or her
family, provided that (i) the finding | ||||||
| 12 | of no reasonable efforts is made within
60 days of the | ||||||
| 13 | period when reasonable efforts were not made or (ii) the | ||||||
| 14 | parent
filed a motion requesting a finding of no reasonable | ||||||
| 15 | efforts within 60 days of
the period when reasonable | ||||||
| 16 | efforts were not made. For purposes of this
subdivision | ||||||
| 17 | (m-1), the date of entering foster care is the earlier of: | ||||||
| 18 | (i) the
date of
a judicial finding at an adjudicatory | ||||||
| 19 | hearing that the child is an abused,
neglected, or | ||||||
| 20 | dependent minor; or (ii) 60 days after the date on which | ||||||
| 21 | the
child is removed from his or her parent, guardian, or | ||||||
| 22 | legal custodian.
| ||||||
| 23 | (n) Evidence of intent to forgo his or her parental | ||||||
| 24 | rights,
whether or
not the child is a ward of the court, | ||||||
| 25 | (1) as manifested
by his or her failure for a period of 12 | ||||||
| 26 | months: (i) to visit the child,
(ii) to communicate with | ||||||
| |||||||
| |||||||
| 1 | the child or agency, although able to do so and
not | ||||||
| 2 | prevented from doing so by an agency or by court order, or | ||||||
| 3 | (iii) to
maintain contact with or plan for the future of | ||||||
| 4 | the child, although physically
able to do so, or (2) as | ||||||
| 5 | manifested by the father's failure, where he
and the mother | ||||||
| 6 | of the child were unmarried to each other at the time of | ||||||
| 7 | the
child's birth, (i) to commence legal proceedings to | ||||||
| 8 | establish his paternity
under the Illinois Parentage Act of | ||||||
| 9 | 1984, the Illinois Parentage Act of 2015, or the law of the | ||||||
| 10 | jurisdiction of
the child's birth within 30 days of being | ||||||
| 11 | informed, pursuant to Section 12a
of this Act, that he is | ||||||
| 12 | the father or the likely father of the child or,
after | ||||||
| 13 | being so informed where the child is not yet born, within | ||||||
| 14 | 30 days of
the child's birth, or (ii) to make a good faith | ||||||
| 15 | effort to pay a reasonable
amount of the expenses related | ||||||
| 16 | to the birth of the child and to provide a
reasonable | ||||||
| 17 | amount for the financial support of the child, the court to
| ||||||
| 18 | consider in its determination all relevant circumstances, | ||||||
| 19 | including the
financial condition of both parents; | ||||||
| 20 | provided that the ground for
termination provided in this | ||||||
| 21 | subparagraph (n)(2)(ii) shall only be
available where the | ||||||
| 22 | petition is brought by the mother or the husband of
the | ||||||
| 23 | mother.
| ||||||
| 24 | Contact or communication by a parent with his or her | ||||||
| 25 | child that does not
demonstrate affection and concern does | ||||||
| 26 | not constitute reasonable contact
and planning under | ||||||
| |||||||
| |||||||
| 1 | subdivision (n). In the absence of evidence to the
| ||||||
| 2 | contrary, the ability to visit, communicate, maintain | ||||||
| 3 | contact, pay
expenses and plan for the future shall be | ||||||
| 4 | presumed. The subjective intent
of the parent, whether | ||||||
| 5 | expressed or otherwise, unsupported by evidence of
the | ||||||
| 6 | foregoing parental acts manifesting that intent, shall not | ||||||
| 7 | preclude a
determination that the parent has intended to | ||||||
| 8 | forgo his or her
parental
rights. In making this | ||||||
| 9 | determination, the court may consider but shall not
require | ||||||
| 10 | a showing of diligent efforts by an authorized agency to | ||||||
| 11 | encourage
the parent to perform the acts specified in | ||||||
| 12 | subdivision (n).
| ||||||
| 13 | It shall be an affirmative defense to any allegation | ||||||
| 14 | under paragraph
(2) of this subsection that the father's | ||||||
| 15 | failure was due to circumstances
beyond his control or to | ||||||
| 16 | impediments created by the mother or any other
person | ||||||
| 17 | having legal custody. Proof of that fact need only be by a
| ||||||
| 18 | preponderance of the evidence.
| ||||||
| 19 | (o) Repeated or continuous failure by the parents, | ||||||
| 20 | although physically
and financially able, to provide the | ||||||
| 21 | child with adequate food, clothing,
or shelter.
| ||||||
| 22 | (p) Inability to discharge parental responsibilities | ||||||
| 23 | supported by
competent evidence from a psychiatrist, | ||||||
| 24 | licensed clinical social
worker, or clinical psychologist | ||||||
| 25 | of mental
impairment, mental illness or an intellectual | ||||||
| 26 | disability as defined in Section
1-116 of the Mental Health | ||||||
| |||||||
| |||||||
| 1 | and Developmental Disabilities Code, or
developmental | ||||||
| 2 | disability as defined in Section 1-106 of that Code, and
| ||||||
| 3 | there is sufficient justification to believe that the | ||||||
| 4 | inability to
discharge parental responsibilities shall | ||||||
| 5 | extend beyond a reasonable
time period. However, this | ||||||
| 6 | subdivision (p) shall not be construed so as to
permit a | ||||||
| 7 | licensed clinical social worker to conduct any medical | ||||||
| 8 | diagnosis to
determine mental illness or mental | ||||||
| 9 | impairment.
| ||||||
| 10 | (q) (Blank).
| ||||||
| 11 | (r) The child is in the temporary custody or | ||||||
| 12 | guardianship of the
Department of Children and Family | ||||||
| 13 | Services, the parent is incarcerated as a
result of | ||||||
| 14 | criminal conviction at the time the petition or motion for
| ||||||
| 15 | termination of parental rights is filed, prior to | ||||||
| 16 | incarceration the parent had
little or no contact with the | ||||||
| 17 | child or provided little or no support for the
child, and | ||||||
| 18 | the parent's incarceration will prevent the parent from | ||||||
| 19 | discharging
his or her parental responsibilities for the | ||||||
| 20 | child for a period in excess of 2
years after the filing of | ||||||
| 21 | the petition or motion for termination of parental
rights.
| ||||||
| 22 | (s) The child is in the temporary custody or | ||||||
| 23 | guardianship of the
Department of Children and Family | ||||||
| 24 | Services, the parent is incarcerated at the
time the | ||||||
| 25 | petition or motion for termination of parental rights is | ||||||
| 26 | filed, the
parent has been repeatedly incarcerated as a | ||||||
| |||||||
| |||||||
| 1 | result of criminal convictions,
and the parent's repeated | ||||||
| 2 | incarceration has prevented the parent from
discharging | ||||||
| 3 | his or her parental responsibilities for the child.
| ||||||
| 4 | (t) A finding that at birth the child's blood,
urine, | ||||||
| 5 | or meconium contained any amount of a controlled substance | ||||||
| 6 | as
defined in subsection (f) of Section 102 of the Illinois | ||||||
| 7 | Controlled Substances
Act, or a metabolite of a controlled | ||||||
| 8 | substance, with the exception of
controlled substances or | ||||||
| 9 | metabolites of such substances, the presence of which
in | ||||||
| 10 | the newborn infant was the result of medical treatment | ||||||
| 11 | administered to the
mother or the newborn infant, and that | ||||||
| 12 | the biological mother of this child is
the biological | ||||||
| 13 | mother of at least one other child who was adjudicated a
| ||||||
| 14 | neglected minor under subsection (c) of Section 2-3 of the | ||||||
| 15 | Juvenile Court Act
of 1987, after which the biological | ||||||
| 16 | mother had the opportunity to enroll in
and participate in | ||||||
| 17 | a clinically appropriate substance abuse
counseling, | ||||||
| 18 | treatment, and rehabilitation program.
| ||||||
| 19 | E. "Parent" means a person who is the legal mother or legal | ||||||
| 20 | father of the child as defined in subsection X or Y of this | ||||||
| 21 | Section. For the purpose of this Act, a parent who has executed | ||||||
| 22 | a consent to adoption, a surrender, or a waiver pursuant to | ||||||
| 23 | Section 10 of this Act, who has signed a Denial of Paternity | ||||||
| 24 | pursuant to Section 12 of the Vital Records Act or Section 12a | ||||||
| 25 | of this Act, or whose parental rights have been terminated by a | ||||||
| 26 | court, is not a parent of the child who was the subject of the | ||||||
| |||||||
| |||||||
| 1 | consent, surrender, waiver, or denial unless (1) the consent is | ||||||
| 2 | void pursuant to subsection O of Section 10 of this Act; or (2) | ||||||
| 3 | the person executed a consent to adoption by a specified person | ||||||
| 4 | or persons pursuant to subsection A-1 of Section 10 of this Act | ||||||
| 5 | and a court of competent jurisdiction finds that the consent is | ||||||
| 6 | void; or (3) the order terminating the parental rights of the | ||||||
| 7 | person is vacated by a court of competent jurisdiction.
| ||||||
| 8 | F. A person is available for adoption when the person is:
| ||||||
| 9 | (a) a child who has been surrendered for adoption to an | ||||||
| 10 | agency and to
whose adoption the agency has thereafter | ||||||
| 11 | consented;
| ||||||
| 12 | (b) a child to whose adoption a person authorized by | ||||||
| 13 | law, other than his
parents, has consented, or to whose | ||||||
| 14 | adoption no consent is required pursuant
to Section 8 of | ||||||
| 15 | this Act;
| ||||||
| 16 | (c) a child who is in the custody of persons who intend | ||||||
| 17 | to adopt him
through placement made by his parents;
| ||||||
| 18 | (c-1) a child for whom a parent has signed a specific | ||||||
| 19 | consent pursuant
to subsection O of Section 10;
| ||||||
| 20 | (d) an adult who meets the conditions set forth in | ||||||
| 21 | Section 3 of this
Act; or
| ||||||
| 22 | (e) a child who has been relinquished as defined in | ||||||
| 23 | Section 10 of the
Abandoned Newborn Infant Protection Act.
| ||||||
| 24 | A person who would otherwise be available for adoption | ||||||
| 25 | shall not be
deemed unavailable for adoption solely by reason | ||||||
| 26 | of his or her death.
| ||||||
| |||||||
| |||||||
| 1 | G. The singular includes the plural and the plural includes
| ||||||
| 2 | the singular and the "male" includes the "female", as the | ||||||
| 3 | context of this
Act may require.
| ||||||
| 4 | H. (Blank).
| ||||||
| 5 | I. "Habitual residence" has the meaning ascribed to it in | ||||||
| 6 | the federal Intercountry Adoption Act of 2000 and regulations | ||||||
| 7 | promulgated thereunder.
| ||||||
| 8 | J. "Immediate relatives" means the biological parents, the | ||||||
| 9 | parents of
the biological parents and siblings of the | ||||||
| 10 | biological parents.
| ||||||
| 11 | K. "Intercountry adoption" is a process by which a child | ||||||
| 12 | from a country
other than the United States is adopted by | ||||||
| 13 | persons who are habitual residents of the United States, or the | ||||||
| 14 | child is a habitual resident of the United States who is | ||||||
| 15 | adopted by persons who are habitual residents of a country | ||||||
| 16 | other than the United States.
| ||||||
| 17 | L. (Blank).
| ||||||
| 18 | M. "Interstate Compact on the Placement of Children" is a | ||||||
| 19 | law enacted by all
states and certain territories for the | ||||||
| 20 | purpose of establishing uniform procedures for handling
the | ||||||
| 21 | interstate placement of children in foster homes, adoptive | ||||||
| 22 | homes, or
other child care facilities.
| ||||||
| 23 | N. (Blank).
| ||||||
| 24 | O. "Preadoption requirements" means any conditions or | ||||||
| 25 | standards established by the laws or administrative rules of | ||||||
| 26 | this State that must be met by a prospective adoptive parent
| ||||||
| |||||||
| |||||||
| 1 | prior to the placement of a child in an adoptive home.
| ||||||
| 2 | P. "Abused child" means a child whose parent or immediate | ||||||
| 3 | family member,
or any person responsible for the child's | ||||||
| 4 | welfare, or any individual
residing in the same home as the | ||||||
| 5 | child, or a paramour of the child's parent:
| ||||||
| 6 | (a) inflicts, causes to be inflicted, or allows to be | ||||||
| 7 | inflicted upon
the child physical injury, by other than | ||||||
| 8 | accidental means, that causes
death, disfigurement, | ||||||
| 9 | impairment of physical or emotional health, or loss
or | ||||||
| 10 | impairment of any bodily function;
| ||||||
| 11 | (b) creates a substantial risk of physical injury to | ||||||
| 12 | the child by
other than accidental means which would be | ||||||
| 13 | likely to cause death,
disfigurement, impairment of | ||||||
| 14 | physical or emotional health, or loss or
impairment of any | ||||||
| 15 | bodily function;
| ||||||
| 16 | (c) commits or allows to be committed any sex offense | ||||||
| 17 | against the child,
as sex offenses are defined in the | ||||||
| 18 | Criminal Code of 2012
and extending those definitions of | ||||||
| 19 | sex offenses to include children under
18 years of age;
| ||||||
| 20 | (d) commits or allows to be committed an act or acts of | ||||||
| 21 | torture upon
the child; or
| ||||||
| 22 | (e) inflicts excessive corporal punishment.
| ||||||
| 23 | Q. "Neglected child" means any child whose parent or other | ||||||
| 24 | person
responsible for the child's welfare withholds or denies | ||||||
| 25 | nourishment or
medically indicated treatment including food or | ||||||
| 26 | care denied solely on the
basis of the present or anticipated | ||||||
| |||||||
| |||||||
| 1 | mental or physical impairment as determined
by a physician | ||||||
| 2 | acting alone or in consultation with other physicians or
| ||||||
| 3 | otherwise does not provide the proper or necessary support, | ||||||
| 4 | education
as required by law, or medical or other remedial care | ||||||
| 5 | recognized under State
law as necessary for a child's | ||||||
| 6 | well-being, or other care necessary for his
or her well-being, | ||||||
| 7 | including adequate food, clothing and shelter; or who
is | ||||||
| 8 | abandoned by his or her parents or other person responsible for | ||||||
| 9 | the child's
welfare.
| ||||||
| 10 | A child shall not be considered neglected or abused for the
| ||||||
| 11 | sole reason that the child's parent or other person responsible | ||||||
| 12 | for his
or her welfare depends upon spiritual means through | ||||||
| 13 | prayer alone for the
treatment or cure of disease or remedial | ||||||
| 14 | care as provided under Section 4
of the Abused and Neglected | ||||||
| 15 | Child Reporting Act.
A child shall not be considered neglected | ||||||
| 16 | or abused for the sole reason that
the child's parent or other | ||||||
| 17 | person responsible for the child's welfare failed
to vaccinate, | ||||||
| 18 | delayed vaccination, or refused vaccination for the child
due | ||||||
| 19 | to a waiver on religious or medical grounds as permitted by | ||||||
| 20 | law.
| ||||||
| 21 | R. "Putative father" means a man who may be a child's | ||||||
| 22 | father, but who (1) is
not married to the child's mother on or | ||||||
| 23 | before the date that the child was or
is to be born and (2) has | ||||||
| 24 | not established paternity of the child in a court
proceeding | ||||||
| 25 | before the filing of a petition for the adoption of the child. | ||||||
| 26 | The
term includes a male who is less than 18 years of age. | ||||||
| |||||||
| |||||||
| 1 | "Putative father" does
not mean a man who is the child's father | ||||||
| 2 | as a result of criminal sexual abuse
or assault as defined | ||||||
| 3 | under Article 11 of the Criminal Code of 2012.
| ||||||
| 4 | S. "Standby adoption" means an adoption in which a parent
| ||||||
| 5 | consents to custody and termination of parental rights to | ||||||
| 6 | become
effective upon the occurrence of a future event, which | ||||||
| 7 | is either the death of
the
parent or the request of the parent
| ||||||
| 8 | for the entry of a final judgment of adoption.
| ||||||
| 9 | T. (Blank).
| ||||||
| 10 | T-5. "Biological parent", "birth parent", or "natural | ||||||
| 11 | parent" of a child are interchangeable terms that mean a person | ||||||
| 12 | who is biologically or genetically related to that child as a | ||||||
| 13 | parent. | ||||||
| 14 | U. "Interstate adoption" means the placement of a minor | ||||||
| 15 | child with a prospective adoptive parent for the purpose of | ||||||
| 16 | pursuing an adoption for that child that is subject to the | ||||||
| 17 | provisions of the Interstate Compact on Placement of Children. | ||||||
| 18 | V. (Blank). | ||||||
| 19 | W. (Blank). | ||||||
| 20 | X. "Legal father" of a child means a man who is recognized | ||||||
| 21 | as or presumed to be that child's father: | ||||||
| 22 | (1) because of his marriage to or civil union with the | ||||||
| 23 | child's parent at the time of the child's birth or within | ||||||
| 24 | 300 days prior to that child's birth, unless he signed a | ||||||
| 25 | denial of paternity pursuant to Section 12 of the Vital | ||||||
| 26 | Records Act or a waiver pursuant to Section 10 of this Act; | ||||||
| |||||||
| |||||||
| 1 | or | ||||||
| 2 | (2) because his paternity of the child has been | ||||||
| 3 | established pursuant to the Illinois Parentage Act, the | ||||||
| 4 | Illinois Parentage Act of 1984, or the Gestational | ||||||
| 5 | Surrogacy Act; or | ||||||
| 6 | (3) because he is listed as the child's father or | ||||||
| 7 | parent on the child's birth certificate, unless he is | ||||||
| 8 | otherwise determined by an administrative or judicial | ||||||
| 9 | proceeding not to be the parent of the child or unless he | ||||||
| 10 | rescinds his acknowledgment of paternity pursuant to the | ||||||
| 11 | Illinois Parentage Act of 1984; or | ||||||
| 12 | (4) because his paternity or adoption of the child has | ||||||
| 13 | been established by a court of competent jurisdiction. | ||||||
| 14 | The definition in this subsection X shall not be construed | ||||||
| 15 | to provide greater or lesser rights as to the number of parents | ||||||
| 16 | who can be named on a final judgment order of adoption or | ||||||
| 17 | Illinois birth certificate that otherwise exist under Illinois | ||||||
| 18 | law. | ||||||
| 19 | Y. "Legal mother" of a child means a woman who is | ||||||
| 20 | recognized as or presumed to be that child's mother: | ||||||
| 21 | (1) because she gave birth to the child except as | ||||||
| 22 | provided in the Gestational Surrogacy Act; or | ||||||
| 23 | (2) because her maternity of the child has been | ||||||
| 24 | established pursuant to the Illinois Parentage Act of 1984 | ||||||
| 25 | or the Gestational Surrogacy Act; or | ||||||
| 26 | (3) because her maternity or adoption of the child has | ||||||
| |||||||
| |||||||
| 1 | been established by a court of competent jurisdiction; or | ||||||
| 2 | (4) because of her marriage to or civil union with the | ||||||
| 3 | child's other parent at the time of the child's birth or | ||||||
| 4 | within 300 days prior to the time of birth; or | ||||||
| 5 | (5) because she is listed as the child's mother or | ||||||
| 6 | parent on the child's birth certificate unless she is | ||||||
| 7 | otherwise determined by an administrative or judicial | ||||||
| 8 | proceeding not to be the parent of the child. | ||||||
| 9 | The definition in this subsection Y shall not be construed | ||||||
| 10 | to provide greater or lesser rights as to the number of parents | ||||||
| 11 | who can be named on a final judgment order of adoption or | ||||||
| 12 | Illinois birth certificate that otherwise exist under Illinois | ||||||
| 13 | law. | ||||||
| 14 | Z. "Department" means the Illinois Department of Children | ||||||
| 15 | and Family Services. | ||||||
| 16 | AA. "Placement disruption" means a circumstance where the | ||||||
| 17 | child is removed from an adoptive placement before the adoption | ||||||
| 18 | is finalized. | ||||||
| 19 | BB. "Secondary placement" means a placement, including but | ||||||
| 20 | not limited to the placement of a ward of the Department, that | ||||||
| 21 | occurs after a placement disruption or an adoption dissolution. | ||||||
| 22 | "Secondary placement" does not mean secondary placements | ||||||
| 23 | arising due to the death of the adoptive parent of the child. | ||||||
| 24 | CC. "Adoption dissolution" means a circumstance where the | ||||||
| 25 | child is removed from an adoptive placement after the adoption | ||||||
| 26 | is finalized. | ||||||
| |||||||
| |||||||
| 1 | DD. "Unregulated placement" means the secondary placement | ||||||
| 2 | of a child that occurs without the oversight of the courts, the | ||||||
| 3 | Department, or a licensed child welfare agency. | ||||||
| 4 | EE. "Post-placement and post-adoption support services" | ||||||
| 5 | means support services for placed or adopted children and | ||||||
| 6 | families that include, but are not limited to, counseling for | ||||||
| 7 | emotional, behavioral, or developmental needs. | ||||||
| 8 | (Source: P.A. 98-455, eff. 1-1-14; 98-532, eff. 1-1-14; 98-804, | ||||||
| 9 | eff. 1-1-15; 99-49, eff. 7-15-15; 99-85, eff. 1-1-16; revised | ||||||
| 10 | 8-4-15.)
| ||||||
| 11 | (750 ILCS 50/18.06)
| ||||||
| 12 | Sec. 18.06. Definitions. When used in Sections
18.05 | ||||||
| 13 | through Section 18.6, for the purposes of the Registry:
| ||||||
| 14 | "Adopted person" means a person who was adopted
pursuant to | ||||||
| 15 | the laws in effect at the time of the adoption.
| ||||||
| 16 | "Adoptive parent" means a person who has become a parent | ||||||
| 17 | through the legal
process of adoption.
| ||||||
| 18 | "Adult child" means the biological child 21 years of age or | ||||||
| 19 | over of a deceased adopted or surrendered person.
| ||||||
| 20 | "Adult grandchild" means the biological grandchild 21 | ||||||
| 21 | years of age or over of a deceased adopted or surrendered | ||||||
| 22 | person. | ||||||
| 23 | "Adult adopted or surrendered person" means an adopted or | ||||||
| 24 | surrendered person 21 years of age or over. | ||||||
| 25 | "Agency" means a public child welfare agency or a licensed | ||||||
| |||||||
| |||||||
| 1 | child welfare
agency.
| ||||||
| 2 | "Birth aunt" means the adult full or half sister of a | ||||||
| 3 | deceased birth parent.
| ||||||
| 4 | "Birth father" means the biological father of an adopted or | ||||||
| 5 | surrendered
person who is named on the original certificate of | ||||||
| 6 | live birth or on a consent
or surrender document, or a | ||||||
| 7 | biological father whose paternity has been
established by a | ||||||
| 8 | judgment or order of the court, pursuant to the Illinois
| ||||||
| 9 | Parentage Act of 1984 or the Illinois Parentage Act of 2015.
| ||||||
| 10 | "Birth grandparent" means the biological parent of: (i) a | ||||||
| 11 | non-surrendered person who is a deceased birth mother; or (ii) | ||||||
| 12 | a non-surrendered person who is a deceased birth father. | ||||||
| 13 | "Birth mother" means the biological mother of an adopted or | ||||||
| 14 | surrendered
person.
| ||||||
| 15 | "Birth parent" means a birth mother or birth father of an | ||||||
| 16 | adopted or
surrendered person.
| ||||||
| 17 | "Birth Parent Preference Form" means the form prepared by | ||||||
| 18 | the Department of Public Health pursuant to Section 18.2 | ||||||
| 19 | completed by a birth parent registrant and filed with the | ||||||
| 20 | Registry that indicates the birth parent's preferences | ||||||
| 21 | regarding contact and, if applicable, the release of his or her | ||||||
| 22 | identifying information on the non-certified copy of the | ||||||
| 23 | original birth certificate released to an adult adopted or | ||||||
| 24 | surrendered person or to the surviving adult child or surviving | ||||||
| 25 | spouse of a deceased adopted or surrendered person who has | ||||||
| 26 | filed a Request for a Non-Certified Copy of an Original Birth | ||||||
| |||||||
| |||||||
| 1 | Certificate. | ||||||
| 2 | "Birth relative" means a birth mother, birth father, birth | ||||||
| 3 | grandparent, birth sibling, birth aunt, or birth uncle.
| ||||||
| 4 | "Birth sibling" means the adult full or half sibling
of an | ||||||
| 5 | adopted or
surrendered person.
| ||||||
| 6 | "Birth uncle" means the adult full or half brother of a | ||||||
| 7 | deceased birth parent.
| ||||||
| 8 | "Confidential intermediary" means an individual certified | ||||||
| 9 | by the Department of Children and Family Services pursuant to | ||||||
| 10 | Section 18.3a(e). | ||||||
| 11 | "Denial of Information Exchange" means an affidavit | ||||||
| 12 | completed by a
registrant with the Illinois Adoption Registry | ||||||
| 13 | and Medical Information Exchange
denying the release of | ||||||
| 14 | identifying information which has been filed with the Registry.
| ||||||
| 15 | "Information Exchange Authorization" means
an affidavit | ||||||
| 16 | completed by a registrant with the Illinois Adoption Registry | ||||||
| 17 | and
Medical Information Exchange authorizing the release of | ||||||
| 18 | identifying
information which has been filed with the Registry.
| ||||||
| 19 | "Medical Information Exchange Questionnaire" means the | ||||||
| 20 | medical
history
questionnaire completed by a registrant of the | ||||||
| 21 | Illinois Adoption Registry and
Medical Information Exchange.
| ||||||
| 22 | "Non-certified Copy of the Original Birth Certificate" | ||||||
| 23 | means a non-certified copy of the original certificate of live | ||||||
| 24 | birth of an adult adopted or surrendered person who was born in | ||||||
| 25 | Illinois. | ||||||
| 26 | "Proof of death" means a death certificate.
| ||||||
| |||||||
| |||||||
| 1 | "Registrant" or "Registered Party" means a birth parent, | ||||||
| 2 | birth grandparent, birth sibling,
birth aunt, birth uncle, | ||||||
| 3 | adopted or surrendered person 21 years of age or over, adoptive | ||||||
| 4 | parent or legal
guardian of an adopted or surrendered person | ||||||
| 5 | under the age of 21, or adoptive parent, surviving spouse, or | ||||||
| 6 | adult child of a deceased adopted or surrendered person who has | ||||||
| 7 | filed
an Illinois Adoption Registry Application or | ||||||
| 8 | Registration Identification Form
with the Registry.
| ||||||
| 9 | "Registry" means the Illinois Adoption Registry and | ||||||
| 10 | Medical Information Exchange. | ||||||
| 11 | "Request for a Non-Certified Copy of an Original Birth | ||||||
| 12 | Certificate" means an affidavit completed by an adult adopted | ||||||
| 13 | or surrendered person or by the surviving adult child or | ||||||
| 14 | surviving spouse of a deceased adopted or surrendered person | ||||||
| 15 | and filed with the Registry requesting a non-certified copy of | ||||||
| 16 | an adult adopted or surrendered person's original certificate | ||||||
| 17 | of live birth in Illinois. | ||||||
| 18 | "Surrendered person" means a person whose parents' rights | ||||||
| 19 | have been
surrendered or terminated but who has not been | ||||||
| 20 | adopted.
| ||||||
| 21 | "Surviving spouse" means the wife or husband, 21 years of | ||||||
| 22 | age or older, of a deceased adopted or surrendered person who | ||||||
| 23 | would be 21 years of age or older if still alive and who has one | ||||||
| 24 | or more surviving biological children who are under the age of | ||||||
| 25 | 21.
| ||||||
| 26 | "18.3 statement" means a statement regarding the | ||||||
| |||||||
| |||||||
| 1 | disclosure of identifying information signed by a birth parent | ||||||
| 2 | under Section 18.3 of this Act as it existed immediately prior | ||||||
| 3 | to May 21, 2010 (the effective date of Public Act 96-895) this | ||||||
| 4 | amendatory Act of the 96th General Assembly. | ||||||
| 5 | (Source: P.A. 98-704, eff. 1-1-15; 99-85, eff. 1-1-16; 99-345, | ||||||
| 6 | eff. 1-1-16; revised 10-22-15.)
| ||||||
| 7 | Section 595. The Illinois Domestic Violence Act of 1986 is | ||||||
| 8 | amended by changing Sections 214 and 227 as follows:
| ||||||
| 9 | (750 ILCS 60/214) (from Ch. 40, par. 2312-14)
| ||||||
| 10 | Sec. 214. Order of protection; remedies.
| ||||||
| 11 | (a) Issuance of order. If the court finds that petitioner | ||||||
| 12 | has been
abused by a family or household member or that | ||||||
| 13 | petitioner is a high-risk
adult who has been abused, neglected, | ||||||
| 14 | or exploited, as defined in this Act,
an order of protection | ||||||
| 15 | prohibiting the abuse, neglect, or exploitation
shall issue; | ||||||
| 16 | provided that petitioner must also satisfy the requirements of
| ||||||
| 17 | one of the following Sections, as appropriate: Section 217 on | ||||||
| 18 | emergency
orders, Section 218 on interim orders, or Section 219 | ||||||
| 19 | on plenary orders.
Petitioner shall not be denied an order of | ||||||
| 20 | protection because petitioner or
respondent is a minor. The | ||||||
| 21 | court, when determining whether or not to issue
an order of | ||||||
| 22 | protection, shall not require physical manifestations of abuse
| ||||||
| 23 | on the person of the victim. Modification and extension of | ||||||
| 24 | prior
orders of protection shall be in accordance with this | ||||||
| |||||||
| |||||||
| 1 | Act.
| ||||||
| 2 | (b) Remedies and standards. The remedies to be included in | ||||||
| 3 | an order of
protection shall be determined in accordance with | ||||||
| 4 | this Section and one of
the following Sections, as appropriate: | ||||||
| 5 | Section 217 on emergency orders,
Section 218 on interim orders, | ||||||
| 6 | and Section 219 on plenary orders. The
remedies listed in this | ||||||
| 7 | subsection shall be in addition to other civil or
criminal | ||||||
| 8 | remedies available to petitioner.
| ||||||
| 9 | (1) Prohibition of abuse, neglect, or exploitation. | ||||||
| 10 | Prohibit
respondent's harassment, interference with | ||||||
| 11 | personal liberty, intimidation
of a dependent, physical | ||||||
| 12 | abuse, or willful deprivation, neglect or
exploitation, as | ||||||
| 13 | defined in this Act, or stalking of the petitioner, as | ||||||
| 14 | defined
in Section 12-7.3 of the Criminal Code of 2012, if | ||||||
| 15 | such abuse, neglect,
exploitation, or stalking has | ||||||
| 16 | occurred or otherwise appears likely to occur if
not | ||||||
| 17 | prohibited.
| ||||||
| 18 | (2) Grant of exclusive possession of residence. | ||||||
| 19 | Prohibit respondent from
entering or remaining in any | ||||||
| 20 | residence, household, or premises of the petitioner,
| ||||||
| 21 | including one owned or leased by respondent, if petitioner | ||||||
| 22 | has a right to
occupancy thereof. The grant of exclusive | ||||||
| 23 | possession of the residence, household, or premises shall | ||||||
| 24 | not
affect title to real property, nor shall the court be | ||||||
| 25 | limited by the standard
set forth in Section 701 of the | ||||||
| 26 | Illinois Marriage and Dissolution of Marriage
Act.
| ||||||
| |||||||
| |||||||
| 1 | (A) Right to occupancy. A party has a right to | ||||||
| 2 | occupancy of a
residence or household if it is solely | ||||||
| 3 | or jointly owned or leased by that
party, that party's | ||||||
| 4 | spouse, a person with a legal duty to support that | ||||||
| 5 | party or
a minor child in that party's care, or by any | ||||||
| 6 | person or entity other than the
opposing party that | ||||||
| 7 | authorizes that party's occupancy (e.g., a domestic
| ||||||
| 8 | violence shelter). Standards set forth in subparagraph | ||||||
| 9 | (B) shall not preclude
equitable relief.
| ||||||
| 10 | (B) Presumption of hardships. If petitioner and | ||||||
| 11 | respondent
each has the right to occupancy of a | ||||||
| 12 | residence or household, the court
shall balance (i) the | ||||||
| 13 | hardships to respondent and any minor child or
| ||||||
| 14 | dependent adult in respondent's care resulting from | ||||||
| 15 | entry of this remedy with
(ii) the hardships to | ||||||
| 16 | petitioner and any minor child or dependent adult in
| ||||||
| 17 | petitioner's care resulting from continued exposure to | ||||||
| 18 | the risk of abuse
(should petitioner remain at the | ||||||
| 19 | residence or household) or from loss of
possession of | ||||||
| 20 | the residence or household (should petitioner leave to | ||||||
| 21 | avoid the
risk of abuse). When determining the balance | ||||||
| 22 | of hardships, the court shall
also take into account | ||||||
| 23 | the accessibility of the residence or household.
| ||||||
| 24 | Hardships need not be balanced if respondent does not | ||||||
| 25 | have a right to
occupancy.
| ||||||
| 26 | The balance of hardships is presumed to favor | ||||||
| |||||||
| |||||||
| 1 | possession by
petitioner unless the presumption is | ||||||
| 2 | rebutted by a preponderance of the
evidence, showing | ||||||
| 3 | that the hardships to respondent substantially | ||||||
| 4 | outweigh
the hardships to petitioner and any minor | ||||||
| 5 | child or dependent adult in
petitioner's care. The | ||||||
| 6 | court, on the request of petitioner or on its own
| ||||||
| 7 | motion, may order respondent to provide suitable, | ||||||
| 8 | accessible, alternate housing
for petitioner instead | ||||||
| 9 | of excluding respondent from a mutual residence or
| ||||||
| 10 | household.
| ||||||
| 11 | (3) Stay away order and additional prohibitions.
Order | ||||||
| 12 | respondent to stay away from petitioner or any other person
| ||||||
| 13 | protected by the order of protection, or prohibit | ||||||
| 14 | respondent from entering
or remaining present at | ||||||
| 15 | petitioner's school, place of employment, or other
| ||||||
| 16 | specified places at times when petitioner is present, or | ||||||
| 17 | both, if
reasonable, given the balance of hardships. | ||||||
| 18 | Hardships need not be balanced for
the court to enter a | ||||||
| 19 | stay away order or prohibit entry if respondent has no
| ||||||
| 20 | right to enter the premises.
| ||||||
| 21 | (A) If an order of protection grants petitioner | ||||||
| 22 | exclusive possession
of the residence, or prohibits | ||||||
| 23 | respondent from entering the residence,
or orders | ||||||
| 24 | respondent to stay away from petitioner or other
| ||||||
| 25 | protected persons, then the court may allow respondent | ||||||
| 26 | access to the
residence to remove items of clothing and | ||||||
| |||||||
| |||||||
| 1 | personal adornment
used exclusively by respondent, | ||||||
| 2 | medications, and other items as the court
directs. The | ||||||
| 3 | right to access shall be exercised on only one occasion | ||||||
| 4 | as the
court directs and in the presence of an | ||||||
| 5 | agreed-upon adult third party or law
enforcement | ||||||
| 6 | officer.
| ||||||
| 7 | (B) When the petitioner and the respondent attend | ||||||
| 8 | the same public, private, or non-public elementary, | ||||||
| 9 | middle, or high school, the court when issuing an order | ||||||
| 10 | of protection and providing relief shall consider the | ||||||
| 11 | severity of the act, any continuing physical danger or | ||||||
| 12 | emotional distress to the petitioner, the educational | ||||||
| 13 | rights guaranteed to the petitioner and respondent | ||||||
| 14 | under federal and State law, the availability of a | ||||||
| 15 | transfer of the respondent to another school, a change | ||||||
| 16 | of placement or a change of program of the respondent, | ||||||
| 17 | the expense, difficulty, and educational disruption | ||||||
| 18 | that would be caused by a transfer of the respondent to | ||||||
| 19 | another school, and any other relevant facts of the | ||||||
| 20 | case. The court may order that the respondent not | ||||||
| 21 | attend the public, private, or non-public elementary, | ||||||
| 22 | middle, or high school attended by the petitioner, | ||||||
| 23 | order that the respondent accept a change of placement | ||||||
| 24 | or change of program, as determined by the school | ||||||
| 25 | district or private or non-public school, or place | ||||||
| 26 | restrictions on the respondent's movements within the | ||||||
| |||||||
| |||||||
| 1 | school attended by the petitioner.
The respondent | ||||||
| 2 | bears the burden of proving by a preponderance of the | ||||||
| 3 | evidence that a transfer, change of placement, or | ||||||
| 4 | change of program of the respondent is not available. | ||||||
| 5 | The respondent also bears the burden of production with | ||||||
| 6 | respect to the expense, difficulty, and educational | ||||||
| 7 | disruption that would be caused by a transfer of the | ||||||
| 8 | respondent to another school. A transfer, change of | ||||||
| 9 | placement, or change of program is not unavailable to | ||||||
| 10 | the respondent solely on the ground that the respondent | ||||||
| 11 | does not agree with the school district's or private or | ||||||
| 12 | non-public school's transfer, change of placement, or | ||||||
| 13 | change of program or solely on the ground that the | ||||||
| 14 | respondent fails or refuses to consent or otherwise | ||||||
| 15 | does not take an action required to effectuate a | ||||||
| 16 | transfer, change of placement, or change of program.
| ||||||
| 17 | When a court orders a respondent to stay away from the | ||||||
| 18 | public, private, or non-public school attended by the | ||||||
| 19 | petitioner and the respondent requests a transfer to | ||||||
| 20 | another attendance center within the respondent's | ||||||
| 21 | school district or private or non-public school, the | ||||||
| 22 | school district or private or non-public school shall | ||||||
| 23 | have sole discretion to determine the attendance | ||||||
| 24 | center to which the respondent is transferred.
In the | ||||||
| 25 | event the court order results in a transfer of the | ||||||
| 26 | minor respondent to another attendance center, a | ||||||
| |||||||
| |||||||
| 1 | change in the respondent's placement, or a change of | ||||||
| 2 | the respondent's program, the parents, guardian, or | ||||||
| 3 | legal custodian of the respondent is responsible for | ||||||
| 4 | transportation and other costs associated with the | ||||||
| 5 | transfer or change. | ||||||
| 6 | (C) The court may order the parents, guardian, or | ||||||
| 7 | legal custodian of a minor respondent to take certain | ||||||
| 8 | actions or to refrain from taking certain actions to | ||||||
| 9 | ensure that the respondent complies with the order. In | ||||||
| 10 | the event the court orders a transfer of the respondent | ||||||
| 11 | to another school, the parents, guardian, or legal | ||||||
| 12 | custodian of the respondent is responsible for | ||||||
| 13 | transportation and other costs associated with the | ||||||
| 14 | change of school by the respondent.
| ||||||
| 15 | (4) Counseling. Require or recommend the respondent to | ||||||
| 16 | undergo
counseling for a specified duration with a social | ||||||
| 17 | worker, psychologist,
clinical psychologist, psychiatrist, | ||||||
| 18 | family service agency, alcohol or
substance abuse program, | ||||||
| 19 | mental health center guidance counselor, agency
providing | ||||||
| 20 | services to elders, program designed for domestic violence
| ||||||
| 21 | abusers or any other guidance service the court deems | ||||||
| 22 | appropriate. The Court may order the respondent in any | ||||||
| 23 | intimate partner relationship to report to an Illinois | ||||||
| 24 | Department of Human Services protocol approved partner | ||||||
| 25 | abuse intervention program for an assessment and to follow | ||||||
| 26 | all recommended treatment.
| ||||||
| |||||||
| |||||||
| 1 | (5) Physical care and possession of the minor child. In | ||||||
| 2 | order to protect
the minor child from abuse, neglect, or | ||||||
| 3 | unwarranted separation from the person
who has been the | ||||||
| 4 | minor child's primary caretaker, or to otherwise protect | ||||||
| 5 | the
well-being of the minor child, the court may do either | ||||||
| 6 | or both of the
following: (i) grant petitioner physical | ||||||
| 7 | care or possession of the minor child,
or both, or (ii) | ||||||
| 8 | order respondent to return a minor child to, or not remove | ||||||
| 9 | a
minor child from, the physical care of a parent or person | ||||||
| 10 | in loco parentis.
| ||||||
| 11 | If a court finds, after a hearing, that respondent has | ||||||
| 12 | committed abuse
(as defined in Section 103) of a minor | ||||||
| 13 | child, there shall be a
rebuttable presumption that | ||||||
| 14 | awarding physical care to respondent would not
be in the | ||||||
| 15 | minor child's best interest.
| ||||||
| 16 | (6) Temporary allocation of parental responsibilities: | ||||||
| 17 | significant decision-making. Award temporary | ||||||
| 18 | decision-making responsibility to petitioner
in accordance | ||||||
| 19 | with this Section, the Illinois Marriage and Dissolution of
| ||||||
| 20 | Marriage Act, the Illinois Parentage Act of 2015, and this | ||||||
| 21 | State's Uniform
Child-Custody Jurisdiction and Enforcement | ||||||
| 22 | Act.
| ||||||
| 23 | If a court finds, after a hearing, that respondent has | ||||||
| 24 | committed abuse (as
defined in Section 103) of a minor | ||||||
| 25 | child, there shall be a rebuttable
presumption that | ||||||
| 26 | awarding temporary significant decision-making | ||||||
| |||||||
| |||||||
| 1 | responsibility to respondent would not be in
the child's | ||||||
| 2 | best interest.
| ||||||
| 3 | (7) Parenting time. Determine the parenting time, if | ||||||
| 4 | any, of respondent in
any case in which the court awards | ||||||
| 5 | physical care or allocates temporary significant | ||||||
| 6 | decision-making responsibility of
a minor child to | ||||||
| 7 | petitioner. The court shall restrict or deny respondent's | ||||||
| 8 | parenting time
with a minor child if the court finds that | ||||||
| 9 | respondent has done or is
likely to do any of the | ||||||
| 10 | following: (i) abuse or endanger the minor child during | ||||||
| 11 | parenting time; (ii) use the parenting time as an | ||||||
| 12 | opportunity to abuse or harass
petitioner or petitioner's | ||||||
| 13 | family or household members; (iii) improperly
conceal or | ||||||
| 14 | detain the minor child; or (iv) otherwise act in a manner | ||||||
| 15 | that is
not in the best interests of the minor child. The | ||||||
| 16 | court shall not be limited
by the standards set forth in | ||||||
| 17 | Section 603.10 of the Illinois Marriage and
Dissolution of | ||||||
| 18 | Marriage Act. If the court grants parenting time, the order | ||||||
| 19 | shall
specify dates and times for the parenting time to | ||||||
| 20 | take place or other specific
parameters or conditions that | ||||||
| 21 | are appropriate. No order for parenting time shall
refer | ||||||
| 22 | merely to the term "reasonable parenting time".
| ||||||
| 23 | Petitioner may deny respondent access to the minor | ||||||
| 24 | child if, when
respondent arrives for parenting time, | ||||||
| 25 | respondent is under the influence of drugs
or alcohol and | ||||||
| 26 | constitutes a threat to the safety and well-being of
| ||||||
| |||||||
| |||||||
| 1 | petitioner or petitioner's minor children or is behaving in | ||||||
| 2 | a violent or
abusive manner.
| ||||||
| 3 | If necessary to protect any member of petitioner's | ||||||
| 4 | family or
household from future abuse, respondent shall be | ||||||
| 5 | prohibited from coming to
petitioner's residence to meet | ||||||
| 6 | the minor child for parenting time, and the
parties shall | ||||||
| 7 | submit to the court their recommendations for reasonable
| ||||||
| 8 | alternative arrangements for parenting time. A person may | ||||||
| 9 | be approved to
supervise parenting time only after filing | ||||||
| 10 | an affidavit accepting
that responsibility and | ||||||
| 11 | acknowledging accountability to the court.
| ||||||
| 12 | (8) Removal or concealment of minor child. Prohibit | ||||||
| 13 | respondent from
removing a minor child from the State or | ||||||
| 14 | concealing the child within the State.
| ||||||
| 15 | (9) Order to appear. Order the respondent to appear in | ||||||
| 16 | court, alone
or with a minor child, to prevent abuse, | ||||||
| 17 | neglect, removal or concealment of
the child, to return the | ||||||
| 18 | child to the custody or care of the petitioner or
to permit | ||||||
| 19 | any court-ordered interview or examination of the child or | ||||||
| 20 | the
respondent.
| ||||||
| 21 | (10) Possession of personal property. Grant petitioner | ||||||
| 22 | exclusive
possession of personal property and, if | ||||||
| 23 | respondent has possession or
control, direct respondent to | ||||||
| 24 | promptly make it available to petitioner, if:
| ||||||
| 25 | (i) petitioner, but not respondent, owns the | ||||||
| 26 | property; or
| ||||||
| |||||||
| |||||||
| 1 | (ii) the parties own the property jointly; sharing | ||||||
| 2 | it would risk
abuse of petitioner by respondent or is | ||||||
| 3 | impracticable; and the balance of
hardships favors | ||||||
| 4 | temporary possession by petitioner.
| ||||||
| 5 | If petitioner's sole claim to ownership of the property | ||||||
| 6 | is that it is
marital property, the court may award | ||||||
| 7 | petitioner temporary possession
thereof under the | ||||||
| 8 | standards of subparagraph (ii) of this paragraph only if
a | ||||||
| 9 | proper proceeding has been filed under the Illinois | ||||||
| 10 | Marriage and
Dissolution of Marriage Act, as now or | ||||||
| 11 | hereafter amended.
| ||||||
| 12 | No order under this provision shall affect title to | ||||||
| 13 | property.
| ||||||
| 14 | (11) Protection of property. Forbid the respondent | ||||||
| 15 | from taking,
transferring, encumbering, concealing, | ||||||
| 16 | damaging or otherwise disposing of
any real or personal | ||||||
| 17 | property, except as explicitly authorized by the
court, if:
| ||||||
| 18 | (i) petitioner, but not respondent, owns the | ||||||
| 19 | property; or
| ||||||
| 20 | (ii) the parties own the property jointly,
and the | ||||||
| 21 | balance of hardships favors granting this remedy.
| ||||||
| 22 | If petitioner's sole claim to ownership of the property | ||||||
| 23 | is that it is
marital property, the court may grant | ||||||
| 24 | petitioner relief under subparagraph
(ii) of this | ||||||
| 25 | paragraph only if a proper proceeding has been filed under | ||||||
| 26 | the
Illinois Marriage and Dissolution of Marriage Act, as | ||||||
| |||||||
| |||||||
| 1 | now or hereafter amended.
| ||||||
| 2 | The court may further prohibit respondent from | ||||||
| 3 | improperly using the
financial or other resources of an | ||||||
| 4 | aged member of the family or household
for the profit or | ||||||
| 5 | advantage of respondent or of any other person.
| ||||||
| 6 | (11.5) Protection of animals. Grant the petitioner the | ||||||
| 7 | exclusive care, custody, or control of any animal owned, | ||||||
| 8 | possessed, leased, kept, or held by either the petitioner | ||||||
| 9 | or the respondent or a minor child residing in the | ||||||
| 10 | residence or household of either the petitioner or the | ||||||
| 11 | respondent and order the respondent to stay away from the | ||||||
| 12 | animal and forbid the respondent from taking, | ||||||
| 13 | transferring, encumbering, concealing, harming, or | ||||||
| 14 | otherwise disposing of the animal.
| ||||||
| 15 | (12) Order for payment of support. Order respondent to | ||||||
| 16 | pay temporary
support for the petitioner or any child in | ||||||
| 17 | the petitioner's care or over whom the petitioner has been | ||||||
| 18 | allocated parental responsibility, when the respondent has | ||||||
| 19 | a legal obligation to support that person,
in accordance | ||||||
| 20 | with the Illinois Marriage and Dissolution
of Marriage Act, | ||||||
| 21 | which shall govern, among other matters, the amount of
| ||||||
| 22 | support, payment through the clerk and withholding of | ||||||
| 23 | income to secure
payment. An order for child support may be | ||||||
| 24 | granted to a petitioner with
lawful physical care of a | ||||||
| 25 | child, or an order or agreement for
physical care of a | ||||||
| 26 | child, prior to entry of an order allocating significant | ||||||
| |||||||
| |||||||
| 1 | decision-making responsibility.
Such a support order shall | ||||||
| 2 | expire upon entry of a valid order allocating parental | ||||||
| 3 | responsibility differently and vacating the petitioner's | ||||||
| 4 | significant decision-making authority, unless otherwise | ||||||
| 5 | provided in the order.
| ||||||
| 6 | (13) Order for payment of losses. Order respondent to | ||||||
| 7 | pay petitioner for
losses suffered as a direct result of | ||||||
| 8 | the abuse, neglect, or exploitation.
Such losses shall | ||||||
| 9 | include, but not be limited to, medical expenses, lost
| ||||||
| 10 | earnings or other support, repair or replacement of | ||||||
| 11 | property damaged or taken,
reasonable attorney's fees, | ||||||
| 12 | court costs and moving or other travel expenses,
including | ||||||
| 13 | additional reasonable expenses for temporary shelter and | ||||||
| 14 | restaurant
meals.
| ||||||
| 15 | (i) Losses affecting family needs. If a party is | ||||||
| 16 | entitled to seek
maintenance, child support or | ||||||
| 17 | property distribution from the other party
under the | ||||||
| 18 | Illinois Marriage and Dissolution of Marriage Act, as | ||||||
| 19 | now or
hereafter amended, the court may order | ||||||
| 20 | respondent to reimburse petitioner's
actual losses, to | ||||||
| 21 | the extent that such reimbursement would be | ||||||
| 22 | "appropriate
temporary relief", as authorized by | ||||||
| 23 | subsection (a)(3) of Section 501 of
that Act.
| ||||||
| 24 | (ii) Recovery of expenses. In the case of an | ||||||
| 25 | improper concealment
or removal of a minor child, the | ||||||
| 26 | court may order respondent to pay the
reasonable | ||||||
| |||||||
| |||||||
| 1 | expenses incurred or to be incurred in the search for | ||||||
| 2 | and recovery
of the minor child, including but not | ||||||
| 3 | limited to legal fees, court costs,
private | ||||||
| 4 | investigator fees, and travel costs.
| ||||||
| 5 | (14) Prohibition of entry. Prohibit the respondent | ||||||
| 6 | from entering or
remaining in the residence or household | ||||||
| 7 | while the respondent is under the
influence of alcohol or | ||||||
| 8 | drugs and constitutes a threat to the safety and
well-being | ||||||
| 9 | of the petitioner or the petitioner's children.
| ||||||
| 10 | (14.5) Prohibition of firearm possession.
| ||||||
| 11 | (a) Prohibit a respondent against whom an order of | ||||||
| 12 | protection was issued from possessing any firearms | ||||||
| 13 | during the duration of the order if the order: | ||||||
| 14 | (1) was issued after a hearing of which such | ||||||
| 15 | person received
actual notice, and at which such | ||||||
| 16 | person had an opportunity to
participate; | ||||||
| 17 | (2) restrains such person from harassing, | ||||||
| 18 | stalking, or
threatening an intimate partner of | ||||||
| 19 | such person or child of such
intimate partner or | ||||||
| 20 | person, or engaging in other conduct that
would | ||||||
| 21 | place an intimate partner in reasonable fear of | ||||||
| 22 | bodily
injury to the partner or child; and | ||||||
| 23 | (3)(i) includes a finding that such person | ||||||
| 24 | represents a
credible threat to the physical | ||||||
| 25 | safety of such intimate partner
or child; or
(ii) | ||||||
| 26 | by its terms explicitly prohibits the use, | ||||||
| |||||||
| |||||||
| 1 | attempted
use, or threatened use of physical force | ||||||
| 2 | against such intimate
partner or child that would | ||||||
| 3 | reasonably be expected to cause
bodily injury. | ||||||
| 4 | Any Firearm Owner's Identification Card in the
| ||||||
| 5 | possession of the respondent, except as provided in | ||||||
| 6 | subsection (b), shall be ordered by the court to be | ||||||
| 7 | turned
over to the local law enforcement agency. The | ||||||
| 8 | local law enforcement agency shall immediately mail | ||||||
| 9 | the card to the Department of State Police Firearm | ||||||
| 10 | Owner's Identification Card Office
for safekeeping. | ||||||
| 11 | The court shall
issue a warrant for seizure of any | ||||||
| 12 | firearm in the possession of the respondent, to be kept | ||||||
| 13 | by the local law enforcement agency for safekeeping, | ||||||
| 14 | except as provided in subsection (b).
The period of | ||||||
| 15 | safekeeping shall be for the duration of the order of | ||||||
| 16 | protection. The firearm or firearms and Firearm | ||||||
| 17 | Owner's Identification Card, if unexpired, shall at | ||||||
| 18 | the respondent's request, be returned to the | ||||||
| 19 | respondent at the end
of the order of protection. It is | ||||||
| 20 | the respondent's responsibility to notify the | ||||||
| 21 | Department of State Police Firearm Owner's | ||||||
| 22 | Identification Card Office.
| ||||||
| 23 | (b) If the respondent is a peace officer as defined | ||||||
| 24 | in Section 2-13 of
the
Criminal Code of 2012, the court | ||||||
| 25 | shall order that any firearms used by the
respondent in | ||||||
| 26 | the performance of his or her duties as a
peace officer | ||||||
| |||||||
| |||||||
| 1 | be surrendered to
the chief law enforcement executive | ||||||
| 2 | of the agency in which the respondent is
employed, who | ||||||
| 3 | shall retain the firearms for safekeeping for the | ||||||
| 4 | duration of the order of protection.
| ||||||
| 5 | (c) Upon expiration of the period of safekeeping, | ||||||
| 6 | if the firearms or Firearm Owner's Identification Card | ||||||
| 7 | cannot be returned to respondent because respondent | ||||||
| 8 | cannot be located, fails to respond to requests to | ||||||
| 9 | retrieve the firearms, or is not lawfully eligible to | ||||||
| 10 | possess a firearm, upon petition from the local law | ||||||
| 11 | enforcement agency, the court may order the local law | ||||||
| 12 | enforcement agency to destroy the firearms, use the | ||||||
| 13 | firearms for training purposes, or for any other | ||||||
| 14 | application as deemed appropriate by the local law | ||||||
| 15 | enforcement agency; or that the firearms be turned over | ||||||
| 16 | to a third party who is lawfully eligible to possess | ||||||
| 17 | firearms, and who does not reside with respondent.
| ||||||
| 18 | (15) Prohibition of access to records. If an order of | ||||||
| 19 | protection
prohibits respondent from having contact with | ||||||
| 20 | the minor child,
or if petitioner's address is omitted | ||||||
| 21 | under subsection (b) of
Section 203, or if necessary to | ||||||
| 22 | prevent abuse or wrongful removal or
concealment of a minor | ||||||
| 23 | child, the order shall deny respondent access to, and
| ||||||
| 24 | prohibit respondent from inspecting, obtaining, or | ||||||
| 25 | attempting to
inspect or obtain, school or any other | ||||||
| 26 | records of the minor child
who is in the care of | ||||||
| |||||||
| |||||||
| 1 | petitioner.
| ||||||
| 2 | (16) Order for payment of shelter services. Order | ||||||
| 3 | respondent to
reimburse a shelter providing temporary | ||||||
| 4 | housing and counseling services to
the petitioner for the | ||||||
| 5 | cost of the services, as certified by the shelter
and | ||||||
| 6 | deemed reasonable by the court.
| ||||||
| 7 | (17) Order for injunctive relief. Enter injunctive | ||||||
| 8 | relief necessary
or appropriate to prevent further abuse of | ||||||
| 9 | a family or household member
or further abuse, neglect, or | ||||||
| 10 | exploitation of a high-risk adult with
disabilities or to | ||||||
| 11 | effectuate one of the granted remedies, if supported by the
| ||||||
| 12 | balance of hardships. If the harm to be prevented by the | ||||||
| 13 | injunction is abuse
or any other harm that one of the | ||||||
| 14 | remedies listed in paragraphs (1) through
(16) of this | ||||||
| 15 | subsection is designed to prevent, no further evidence is
| ||||||
| 16 | necessary that the harm is an irreparable injury.
| ||||||
| 17 | (c) Relevant factors; findings.
| ||||||
| 18 | (1) In determining whether to grant a specific remedy, | ||||||
| 19 | other than
payment of support, the court shall consider
| ||||||
| 20 | relevant factors, including but not limited to the | ||||||
| 21 | following:
| ||||||
| 22 | (i) the nature, frequency, severity, pattern and | ||||||
| 23 | consequences of the
respondent's past abuse, neglect | ||||||
| 24 | or exploitation of the petitioner or
any family or | ||||||
| 25 | household member, including the concealment of his or | ||||||
| 26 | her
location in order to evade service of process or | ||||||
| |||||||
| |||||||
| 1 | notice, and the likelihood of
danger of future abuse, | ||||||
| 2 | neglect, or exploitation to petitioner or any member of
| ||||||
| 3 | petitioner's or respondent's family or household; and
| ||||||
| 4 | (ii) the danger that any minor child will be abused | ||||||
| 5 | or neglected or
improperly relocated from the | ||||||
| 6 | jurisdiction, improperly concealed within the
State or | ||||||
| 7 | improperly separated from the child's primary | ||||||
| 8 | caretaker.
| ||||||
| 9 | (2) In comparing relative hardships resulting to the | ||||||
| 10 | parties from loss
of possession of the family home, the | ||||||
| 11 | court shall consider relevant
factors, including but not | ||||||
| 12 | limited to the following:
| ||||||
| 13 | (i) availability, accessibility, cost, safety, | ||||||
| 14 | adequacy, location and
other characteristics of | ||||||
| 15 | alternate housing for each party and any minor child
or | ||||||
| 16 | dependent adult in the party's care;
| ||||||
| 17 | (ii) the effect on the party's employment; and
| ||||||
| 18 | (iii) the effect on the relationship of the party, | ||||||
| 19 | and any minor
child or dependent adult in the party's | ||||||
| 20 | care, to family, school, church
and community.
| ||||||
| 21 | (3) Subject to the exceptions set forth in paragraph | ||||||
| 22 | (4) of this
subsection, the court shall make its findings | ||||||
| 23 | in an official record or in
writing, and shall at a minimum | ||||||
| 24 | set forth the following:
| ||||||
| 25 | (i) That the court has considered the applicable | ||||||
| 26 | relevant factors
described in paragraphs (1) and (2) of | ||||||
| |||||||
| |||||||
| 1 | this subsection.
| ||||||
| 2 | (ii) Whether the conduct or actions of respondent, | ||||||
| 3 | unless
prohibited, will likely cause irreparable harm | ||||||
| 4 | or continued abuse.
| ||||||
| 5 | (iii) Whether it is necessary to grant the | ||||||
| 6 | requested relief in order
to protect petitioner or | ||||||
| 7 | other alleged abused persons.
| ||||||
| 8 | (4) For purposes of issuing an ex parte emergency order | ||||||
| 9 | of protection,
the court, as an alternative to or as a | ||||||
| 10 | supplement to making the findings
described in paragraphs | ||||||
| 11 | (c)(3)(i) through (c)(3)(iii) of this subsection, may
use | ||||||
| 12 | the following procedure:
| ||||||
| 13 | When a verified petition for an emergency order of | ||||||
| 14 | protection in
accordance with the requirements of Sections | ||||||
| 15 | 203 and 217 is
presented to the court, the court shall | ||||||
| 16 | examine petitioner on oath or
affirmation. An emergency | ||||||
| 17 | order of protection shall be issued by the court
if it | ||||||
| 18 | appears from the contents of the petition and the | ||||||
| 19 | examination of
petitioner that the averments are | ||||||
| 20 | sufficient to indicate abuse by
respondent and to support | ||||||
| 21 | the granting of relief under the issuance of the
emergency | ||||||
| 22 | order of protection.
| ||||||
| 23 | (5) Never married parties. No rights or | ||||||
| 24 | responsibilities for a minor
child born outside of marriage | ||||||
| 25 | attach to a putative father until a father and
child | ||||||
| 26 | relationship has been established under the Illinois | ||||||
| |||||||
| |||||||
| 1 | Parentage Act of
1984, the Illinois Parentage Act of 2015, | ||||||
| 2 | the Illinois Public Aid Code, Section 12 of the Vital | ||||||
| 3 | Records Act, the
Juvenile Court Act of 1987, the Probate | ||||||
| 4 | Act of 1985, the Revised Uniform
Reciprocal Enforcement of | ||||||
| 5 | Support Act, the Uniform Interstate Family Support
Act, the | ||||||
| 6 | Expedited Child Support Act of 1990, any judicial, | ||||||
| 7 | administrative, or
other act of another state or territory, | ||||||
| 8 | any other Illinois statute, or by any
foreign nation | ||||||
| 9 | establishing the father and child relationship, any other
| ||||||
| 10 | proceeding substantially in conformity with the Personal | ||||||
| 11 | Responsibility and
Work Opportunity Reconciliation Act of | ||||||
| 12 | 1996 (Pub. L. 104-193), or where both
parties appeared in | ||||||
| 13 | open court or at an administrative hearing acknowledging
| ||||||
| 14 | under
oath or admitting by affirmation the existence of a | ||||||
| 15 | father and child
relationship.
Absent such an | ||||||
| 16 | adjudication, finding, or acknowledgement, no putative
| ||||||
| 17 | father shall be granted
temporary allocation of parental | ||||||
| 18 | responsibilities, including parenting time with the minor | ||||||
| 19 | child, or
physical care and possession of the minor child, | ||||||
| 20 | nor shall an order of payment
for support of the minor | ||||||
| 21 | child be entered.
| ||||||
| 22 | (d) Balance of hardships; findings. If the court finds that | ||||||
| 23 | the balance
of hardships does not support the granting of a | ||||||
| 24 | remedy governed by
paragraph (2), (3), (10), (11), or (16) of | ||||||
| 25 | subsection (b) of this Section,
which may require such | ||||||
| 26 | balancing, the court's findings shall so
indicate and shall | ||||||
| |||||||
| |||||||
| 1 | include a finding as to whether granting the remedy will
result | ||||||
| 2 | in hardship to respondent that would substantially outweigh the | ||||||
| 3 | hardship
to petitioner from denial of the remedy. The findings | ||||||
| 4 | shall be an official
record or in writing.
| ||||||
| 5 | (e) Denial of remedies. Denial of any remedy shall not be | ||||||
| 6 | based, in
whole or in part, on evidence that:
| ||||||
| 7 | (1) Respondent has cause for any use of force, unless | ||||||
| 8 | that cause
satisfies the standards for justifiable use of | ||||||
| 9 | force provided by Article
7 of the Criminal Code of 2012;
| ||||||
| 10 | (2) Respondent was voluntarily intoxicated;
| ||||||
| 11 | (3) Petitioner acted in self-defense or defense of | ||||||
| 12 | another, provided
that, if petitioner utilized force, such | ||||||
| 13 | force was justifiable under
Article 7 of the Criminal Code | ||||||
| 14 | of 2012;
| ||||||
| 15 | (4) Petitioner did not act in self-defense or defense | ||||||
| 16 | of another;
| ||||||
| 17 | (5) Petitioner left the residence or household to avoid | ||||||
| 18 | further abuse,
neglect, or exploitation by respondent;
| ||||||
| 19 | (6) Petitioner did not leave the residence or household | ||||||
| 20 | to avoid further
abuse, neglect, or exploitation by | ||||||
| 21 | respondent;
| ||||||
| 22 | (7) Conduct by any family or household member excused | ||||||
| 23 | the abuse,
neglect, or exploitation by respondent, unless | ||||||
| 24 | that same conduct would have
excused such abuse, neglect, | ||||||
| 25 | or exploitation if the parties had not been
family or | ||||||
| 26 | household members.
| ||||||
| |||||||
| |||||||
| 1 | (Source: P.A. 99-85, eff. 1-1-16; 99-90, eff. 1-1-16; revised | ||||||
| 2 | 10-19-15.)
| ||||||
| 3 | (750 ILCS 60/227) (from Ch. 40, par. 2312-27)
| ||||||
| 4 | Sec. 227. Privileged communications between domestic | ||||||
| 5 | violence
counselors and victims. | ||||||
| 6 | (a) As used in this Section:
| ||||||
| 7 | (1) "Domestic violence program" means any unit
of
local | ||||||
| 8 | government, organization, or association whose major | ||||||
| 9 | purpose is to
provide one or more of the following: | ||||||
| 10 | information,
crisis intervention, emergency shelter, | ||||||
| 11 | referral, counseling,
advocacy, or emotional support to | ||||||
| 12 | victims of domestic violence.
| ||||||
| 13 | (2) "Domestic violence advocate or counselor" means | ||||||
| 14 | any person (A)
who has undergone
a minimum of forty hours | ||||||
| 15 | of training in domestic violence advocacy, crisis
| ||||||
| 16 | intervention, and related areas, and (B) who provides | ||||||
| 17 | services to victims
through a domestic violence program | ||||||
| 18 | either on an employed or volunteer basis.
| ||||||
| 19 | (3) "Confidential communication" means any | ||||||
| 20 | communication between an
alleged victim of domestic | ||||||
| 21 | violence and a domestic violence advocate or
counselor in | ||||||
| 22 | the course of providing information, counseling, or | ||||||
| 23 | advocacy.
The term includes all records kept by the | ||||||
| 24 | advocate or counselor or by the
domestic violence program | ||||||
| 25 | in the course of providing services to an alleged
victim | ||||||
| |||||||
| |||||||
| 1 | concerning the alleged victim and the services provided. | ||||||
| 2 | The
confidential nature of the communication is not waived | ||||||
| 3 | by the presence at
the time of the communication of any | ||||||
| 4 | additional persons, including but
not limited to an | ||||||
| 5 | interpreter, to further express the
interests of the | ||||||
| 6 | domestic violence victim or by the advocate's or
| ||||||
| 7 | counselor's disclosure to such an additional
person with | ||||||
| 8 | the consent of the victim when reasonably necessary to
| ||||||
| 9 | accomplish the purpose for which the advocate or counselor | ||||||
| 10 | is consulted.
| ||||||
| 11 | (4) "Domestic violence victim" means any person who | ||||||
| 12 | consults a domestic
violence counselor for the purpose of | ||||||
| 13 | securing advice, counseling or
assistance related to one or | ||||||
| 14 | more alleged incidents of domestic violence.
| ||||||
| 15 | (5) "Domestic violence" means abuse as defined in this | ||||||
| 16 | Act the Illinois Domestic Violence Act.
| ||||||
| 17 | (b) No domestic violence advocate or counselor shall | ||||||
| 18 | disclose any
confidential communication or be examined as a | ||||||
| 19 | witness in any civil or criminal
case or proceeding or in any | ||||||
| 20 | legislative or administrative proceeding
without the written | ||||||
| 21 | consent of the domestic violence victim except (1) in | ||||||
| 22 | accordance with the
provisions of the Abused and Neglected | ||||||
| 23 | Child Reporting Act or (2) in
cases where failure to disclose | ||||||
| 24 | is likely to result in an imminent risk of
serious bodily harm | ||||||
| 25 | or death of the victim or another person.
| ||||||
| 26 | (c) A domestic violence advocate or counselor who
knowingly | ||||||
| |||||||
| |||||||
| 1 | discloses any confidential communication in violation of this | ||||||
| 2 | Act
commits a Class A misdemeanor.
| ||||||
| 3 | (d) When a domestic violence victim is deceased or has been | ||||||
| 4 | adjudged
incompetent by a court of competent jurisdiction, the | ||||||
| 5 | guardian of the
domestic violence victim or the executor or | ||||||
| 6 | administrator of the estate of the
domestic
violence victim
may | ||||||
| 7 | waive the privilege established by this
Section, except where | ||||||
| 8 | the guardian, executor or administrator of the estate
has been | ||||||
| 9 | charged with a violent crime against the domestic violence | ||||||
| 10 | victim
or has had an Order of Protection entered against him or | ||||||
| 11 | her at the request
of or on behalf of the domestic violence | ||||||
| 12 | victim or otherwise has an
interest adverse to that of the | ||||||
| 13 | domestic violence victim with respect to
the waiver of the | ||||||
| 14 | privilege.
In that case, the court shall appoint an attorney | ||||||
| 15 | for the estate of the
domestic violence victim.
| ||||||
| 16 | (e) A minor may knowingly waive the privilege established | ||||||
| 17 | by this
Section. Where a minor is, in the opinion of the court, | ||||||
| 18 | incapable of
knowingly waiving the privilege, the parent or | ||||||
| 19 | guardian of the minor may
waive the privilege on behalf of the | ||||||
| 20 | minor, except where such parent or
guardian has been charged | ||||||
| 21 | with a violent crime against the minor or has had
an Order of | ||||||
| 22 | Protection entered against him or her on request of or on
| ||||||
| 23 | behalf of the minor or otherwise has any interest adverse to | ||||||
| 24 | that of the
minor with respect to the waiver of the privilege.
| ||||||
| 25 | In that case, the court shall appoint an attorney for the minor | ||||||
| 26 | child who
shall be compensated in accordance with Section 506 | ||||||
| |||||||
| |||||||
| 1 | of the Illinois
Marriage and Dissolution of Marriage Act.
| ||||||
| 2 | (f) Nothing in this Section shall be construed to limit in | ||||||
| 3 | any way any
privilege that might otherwise exist under statute | ||||||
| 4 | or common law.
| ||||||
| 5 | (g) The assertion of any privilege under this Section shall | ||||||
| 6 | not result in an inference unfavorable to
the State's cause or | ||||||
| 7 | to the cause of the domestic violence victim.
| ||||||
| 8 | (Source: P.A. 87-1186; revised 10-20-15.)
| ||||||
| 9 | Section 600. The Probate Act of 1975 is amended by changing | ||||||
| 10 | Sections 11a-4, 11a-10, and 11a-18 as follows:
| ||||||
| 11 | (755 ILCS 5/11a-4) (from Ch. 110 1/2, par. 11a-4)
| ||||||
| 12 | Sec. 11a-4. Temporary guardian. | ||||||
| 13 | (a) Prior to the appointment of a guardian
under this | ||||||
| 14 | Article, pending an appeal in relation to the
appointment, or
| ||||||
| 15 | pending the
completion of a citation proceeding brought | ||||||
| 16 | pursuant to Section 23-3 of this
Act,
or upon a guardian's | ||||||
| 17 | death, incapacity, or resignation, the court may appoint a | ||||||
| 18 | temporary guardian upon a showing of the necessity
therefor for | ||||||
| 19 | the immediate welfare and protection of the alleged
person with | ||||||
| 20 | a disability or his or her estate
on such notice and subject to | ||||||
| 21 | such conditions as the court may prescribe.
In determining the | ||||||
| 22 | necessity for temporary guardianship, the immediate
welfare | ||||||
| 23 | and protection of the alleged person with a disability and his | ||||||
| 24 | or her estate
shall be
of paramount concern, and the interests | ||||||
| |||||||
| |||||||
| 1 | of the petitioner, any care provider,
or any other party shall | ||||||
| 2 | not outweigh the interests of the alleged person with a | ||||||
| 3 | disability.
The temporary guardian shall have the limited | ||||||
| 4 | powers and duties of a guardian
of the person or of the estate | ||||||
| 5 | which are specifically enumerated by court
order. The court | ||||||
| 6 | order shall state the actual harm identified by the court
that | ||||||
| 7 | necessitates temporary guardianship or any extension thereof. | ||||||
| 8 | (b) The temporary guardianship shall
expire within 60 days | ||||||
| 9 | after the
appointment or whenever a guardian is regularly | ||||||
| 10 | appointed, whichever occurs
first. No extension shall be | ||||||
| 11 | granted except:
| ||||||
| 12 | (1) In a case where there has been an adjudication of | ||||||
| 13 | disability, an extension shall be granted: | ||||||
| 14 | (i) pending the disposition on appeal of an | ||||||
| 15 | adjudication of disability; | ||||||
| 16 | (ii) pending the completion of a citation | ||||||
| 17 | proceeding brought pursuant to Section 23-3; | ||||||
| 18 | (iii) pending the appointment of a successor | ||||||
| 19 | guardian in a case where the former guardian has | ||||||
| 20 | resigned, has become incapacitated, or is deceased; or | ||||||
| 21 | (iv) where the guardian's powers have been | ||||||
| 22 | suspended pursuant to a court order. | ||||||
| 23 | (2) In a case where there has not been an adjudication | ||||||
| 24 | of disability, an extension shall be granted pending the | ||||||
| 25 | disposition of a petition brought pursuant to Section 11a-8 | ||||||
| 26 | so long as the court finds it is in the best interest of | ||||||
| |||||||
| |||||||
| 1 | the alleged person with a disability to extend the | ||||||
| 2 | temporary guardianship so as to protect the alleged person | ||||||
| 3 | with a disability from any potential abuse, neglect, | ||||||
| 4 | self-neglect, exploitation, or other harm and such | ||||||
| 5 | extension lasts no more than 120 days from the date the | ||||||
| 6 | temporary guardian was originally appointed. | ||||||
| 7 | The ward shall have the right any time after the | ||||||
| 8 | appointment
of a temporary guardian is made to petition the | ||||||
| 9 | court to revoke the appointment
of the temporary guardian.
| ||||||
| 10 | (Source: P.A. 99-70, eff. 1-1-16; 99-143, eff. 7-27-15; revised | ||||||
| 11 | 10-21-15.)
| ||||||
| 12 | (755 ILCS 5/11a-10) (from Ch. 110 1/2, par. 11a-10)
| ||||||
| 13 | Sec. 11a-10. Procedures preliminary to hearing.
| ||||||
| 14 | (a) Upon the filing of a petition pursuant to Section | ||||||
| 15 | 11a-8, the court shall
set a date and place for hearing to take | ||||||
| 16 | place within 30 days. The court
shall appoint a guardian ad | ||||||
| 17 | litem to report to the court concerning the
respondent's best | ||||||
| 18 | interests consistent with the provisions of this Section,
| ||||||
| 19 | except that
the appointment of a guardian ad litem shall not be | ||||||
| 20 | required when
the court determines that such appointment is not | ||||||
| 21 | necessary for the protection
of the respondent or a reasonably | ||||||
| 22 | informed decision on the petition.
If the guardian ad litem is | ||||||
| 23 | not a licensed attorney, he or she shall be
qualified,
by
| ||||||
| 24 | training or experience, to work with or advocate for persons | ||||||
| 25 | with developmental disabilities, the mentally ill, persons | ||||||
| |||||||
| |||||||
| 1 | with physical disabilities, the elderly, or persons with a | ||||||
| 2 | disability due to mental deterioration, depending on the type | ||||||
| 3 | of disability that is
alleged in the petition.
The court may | ||||||
| 4 | allow the guardian ad litem reasonable compensation. The
| ||||||
| 5 | guardian ad litem may consult with a person who by training or | ||||||
| 6 | experience is
qualified to work with persons with a | ||||||
| 7 | developmental disability, persons with
mental illness, persons | ||||||
| 8 | with physical disabilities, or persons with a disability due to
| ||||||
| 9 | mental deterioration, depending on the type of disability that | ||||||
| 10 | is alleged.
The guardian ad litem shall personally observe the | ||||||
| 11 | respondent prior to the
hearing and shall inform
him orally and | ||||||
| 12 | in writing of the contents of the petition and of his rights
| ||||||
| 13 | under Section 11a-11.
The guardian ad litem shall also attempt | ||||||
| 14 | to elicit the respondent's position
concerning the | ||||||
| 15 | adjudication of disability, the proposed guardian, a proposed
| ||||||
| 16 | change in residential placement, changes in care that might | ||||||
| 17 | result from the
guardianship, and other areas of inquiry deemed | ||||||
| 18 | appropriate by the court.
Notwithstanding any provision in the | ||||||
| 19 | Mental Health and Developmental Disabilities Confidentiality | ||||||
| 20 | Act or any other law, a guardian ad litem shall have the right | ||||||
| 21 | to inspect and copy any medical or mental health record of the | ||||||
| 22 | respondent which the guardian ad litem deems necessary, | ||||||
| 23 | provided that the information so disclosed shall not be | ||||||
| 24 | utilized for any other purpose nor be redisclosed except in | ||||||
| 25 | connection with the proceedings. At or before the hearing, the | ||||||
| 26 | guardian ad litem shall file a written report
detailing his or | ||||||
| |||||||
| |||||||
| 1 | her observations of the respondent, the responses of the
| ||||||
| 2 | respondent to any of the inquiries inquires detailed in this | ||||||
| 3 | Section, the opinion of the
guardian
ad litem or other | ||||||
| 4 | professionals with whom the guardian ad litem consulted
| ||||||
| 5 | concerning the appropriateness of guardianship, and any other | ||||||
| 6 | material issue
discovered by the guardian ad litem. The | ||||||
| 7 | guardian ad litem shall appear at the
hearing and testify as to | ||||||
| 8 | any issues presented in his or her report.
| ||||||
| 9 | (b) The court (1) may appoint counsel for the respondent, | ||||||
| 10 | if the court finds
that the interests of the respondent will be | ||||||
| 11 | best served by the appointment,
and (2) shall appoint counsel | ||||||
| 12 | upon respondent's request or if the respondent
takes a position | ||||||
| 13 | adverse to that of the guardian ad litem. The respondent
shall | ||||||
| 14 | be permitted to obtain the appointment of counsel either at the | ||||||
| 15 | hearing
or by any written or oral request communicated to the | ||||||
| 16 | court prior to the
hearing. The summons shall inform the | ||||||
| 17 | respondent of this right to obtain
appointed counsel. The court | ||||||
| 18 | may allow counsel for the respondent reasonable
compensation.
| ||||||
| 19 | (c) If the respondent is unable to pay the fee of the | ||||||
| 20 | guardian ad litem or
appointed counsel, or both, the court may | ||||||
| 21 | enter an order for
the petitioner to
pay all
such
fees or such | ||||||
| 22 | amounts as the respondent or the respondent's estate may be | ||||||
| 23 | unable
to pay.
However, in cases where the Office of State | ||||||
| 24 | Guardian is the petitioner,
consistent with Section 30 of the | ||||||
| 25 | Guardianship and Advocacy Act, where the public guardian is the | ||||||
| 26 | petitioner, consistent with Section 13-5 of this Act the | ||||||
| |||||||
| |||||||
| 1 | Probate Act of 1975,
where an adult protective services agency | ||||||
| 2 | is the petitioner, pursuant to
Section 9 of the Adult | ||||||
| 3 | Protective Services Act, or where the Department of Children | ||||||
| 4 | and Family Services is the petitioner under subparagraph (d) of | ||||||
| 5 | subsection (1) of Section 2-27 of the Juvenile Court Act of | ||||||
| 6 | 1987, no guardian ad litem or legal fees shall be assessed | ||||||
| 7 | against the Office of
State Guardian, the public guardian, the | ||||||
| 8 | adult protective services agency, or the Department of Children | ||||||
| 9 | and Family Services.
| ||||||
| 10 | (d) The hearing may be held at such convenient place as the | ||||||
| 11 | court directs,
including at a facility in which the respondent | ||||||
| 12 | resides.
| ||||||
| 13 | (e) Unless he is the petitioner, the respondent shall be | ||||||
| 14 | personally
served with a copy of the petition and a summons not | ||||||
| 15 | less than 14 days
before the hearing.
The summons shall be | ||||||
| 16 | printed in large, bold type and shall include the
following | ||||||
| 17 | notice:
| ||||||
| 18 | NOTICE OF RIGHTS OF RESPONDENT
| ||||||
| 19 | You have been named as a respondent in a guardianship | ||||||
| 20 | petition asking that
you be declared a person with a | ||||||
| 21 | disability. If the court grants the petition, a
guardian will | ||||||
| 22 | be appointed for you. A copy of the guardianship petition is
| ||||||
| 23 | attached for your convenience.
| ||||||
| 24 | The date and time of the hearing are:
| ||||||
| 25 | The place where the hearing will occur is:
| ||||||
| 26 | The Judge's name and phone number is:
| ||||||
| |||||||
| |||||||
| 1 | If a guardian is appointed for you, the guardian may be | ||||||
| 2 | given the right to
make all
important personal decisions for | ||||||
| 3 | you, such as where you may live, what medical
treatment you may | ||||||
| 4 | receive, what places you may visit, and who may visit you. A
| ||||||
| 5 | guardian may also be given the right to control and manage your | ||||||
| 6 | money and other
property, including your home, if you own one. | ||||||
| 7 | You may lose the right to make
these decisions for yourself.
| ||||||
| 8 | You have the following legal rights:
| ||||||
| 9 | (1) You have the right to be present at the court | ||||||
| 10 | hearing.
| ||||||
| 11 | (2) You have the right to be represented by a lawyer, | ||||||
| 12 | either one that you
retain, or one appointed by the Judge.
| ||||||
| 13 | (3) You have the right to ask for a jury of six persons | ||||||
| 14 | to hear your case.
| ||||||
| 15 | (4) You have the right to present evidence to the court | ||||||
| 16 | and to confront
and
cross-examine witnesses.
| ||||||
| 17 | (5) You have the right to ask the Judge to appoint an | ||||||
| 18 | independent expert
to examine you and give an opinion about | ||||||
| 19 | your need for a guardian.
| ||||||
| 20 | (6) You have the right to ask that the court hearing be | ||||||
| 21 | closed to the
public.
| ||||||
| 22 | (7) You have the right to tell the court whom you | ||||||
| 23 | prefer to have for your
guardian.
| ||||||
| 24 | You do not have to attend the court hearing if you do not | ||||||
| 25 | want to be there.
If you do not attend, the Judge may appoint a | ||||||
| 26 | guardian if the Judge finds that
a guardian would be of benefit | ||||||
| |||||||
| |||||||
| 1 | to you. The hearing will not be postponed or
canceled if you do | ||||||
| 2 | not attend.
| ||||||
| 3 | IT IS VERY IMPORTANT THAT YOU ATTEND THE HEARING IF YOU DO | ||||||
| 4 | NOT WANT A
GUARDIAN OR IF YOU WANT SOMEONE OTHER THAN THE | ||||||
| 5 | PERSON NAMED IN THE GUARDIANSHIP
PETITION TO BE YOUR GUARDIAN. | ||||||
| 6 | IF YOU DO NOT WANT A GUARDIAN OF IF YOU HAVE ANY
OTHER | ||||||
| 7 | PROBLEMS, YOU SHOULD CONTACT AN ATTORNEY OR COME TO COURT AND | ||||||
| 8 | TELL THE
JUDGE.
| ||||||
| 9 | Service of summons and the petition may be made by a | ||||||
| 10 | private person 18
years
of
age or over who is not a party to the | ||||||
| 11 | action.
| ||||||
| 12 | (f) Notice of the time and place of the hearing shall be | ||||||
| 13 | given by the
petitioner by mail or in person to those persons, | ||||||
| 14 | including the proposed
guardian, whose names and addresses
| ||||||
| 15 | appear in the petition and who do not waive notice, not less | ||||||
| 16 | than 14 days
before the hearing.
| ||||||
| 17 | (Source: P.A. 98-49, eff. 7-1-13; 98-89, eff. 7-15-13; 98-756, | ||||||
| 18 | eff. 7-16-14; 99-143, eff. 7-27-15; revised 10-19-15.)
| ||||||
| 19 | (755 ILCS 5/11a-18) (from Ch. 110 1/2, par. 11a-18)
| ||||||
| 20 | Sec. 11a-18. Duties of the estate guardian.
| ||||||
| 21 | (a) To the extent
specified in the order establishing the | ||||||
| 22 | guardianship, the guardian of
the estate shall have the care, | ||||||
| 23 | management and
investment of the estate, shall manage the | ||||||
| 24 | estate frugally and shall
apply the income and principal of the | ||||||
| 25 | estate so far as necessary for the
comfort and suitable support | ||||||
| |||||||
| |||||||
| 1 | and education of the ward, his minor and adult
dependent | ||||||
| 2 | children, and persons related by blood or marriage
who are | ||||||
| 3 | dependent upon or entitled to support from him, or for any | ||||||
| 4 | other
purpose which the court deems to be for the best | ||||||
| 5 | interests of the ward,
and the court may approve the making on | ||||||
| 6 | behalf of the ward of such
agreements as the court determines | ||||||
| 7 | to be for the ward's best interests.
The guardian may make | ||||||
| 8 | disbursement of his ward's
funds and estate directly to the | ||||||
| 9 | ward or other distributee or in such
other manner and in such | ||||||
| 10 | amounts as the court directs. If the estate of
a ward is | ||||||
| 11 | derived in whole or in part from payments of compensation,
| ||||||
| 12 | adjusted compensation, pension, insurance or other similar | ||||||
| 13 | benefits made
directly to the estate by the Veterans | ||||||
| 14 | Administration, notice of the
application for leave to invest | ||||||
| 15 | or expend the ward's funds or estate,
together with a copy of | ||||||
| 16 | the petition and proposed order, shall be given
to the | ||||||
| 17 | Veterans' Administration Regional Office in this State at least | ||||||
| 18 | 7
days before the hearing on the application.
| ||||||
| 19 | (a-5) The probate court, upon petition of a guardian, other | ||||||
| 20 | than the
guardian of a minor, and after notice to all other | ||||||
| 21 | persons interested as the
court directs, may authorize the | ||||||
| 22 | guardian to exercise any or all powers over
the estate and | ||||||
| 23 | business affairs of the ward that the ward could exercise if
| ||||||
| 24 | present and not under disability. The court may authorize the | ||||||
| 25 | taking of an
action or the application of funds not required | ||||||
| 26 | for the ward's current and
future maintenance
and support in | ||||||
| |||||||
| |||||||
| 1 | any manner approved by the court as being in keeping with the
| ||||||
| 2 | ward's wishes so far as they can be ascertained. The court must | ||||||
| 3 | consider the
permanence of the ward's disabling condition and | ||||||
| 4 | the natural objects of the
ward's bounty. In ascertaining and | ||||||
| 5 | carrying
out the ward's wishes the court may consider, but | ||||||
| 6 | shall not be limited to,
minimization of State or federal | ||||||
| 7 | income, estate, or inheritance taxes; and
providing gifts to | ||||||
| 8 | charities, relatives, and friends that would be likely
| ||||||
| 9 | recipients of donations from the ward. The ward's wishes as | ||||||
| 10 | best they can be
ascertained shall be carried out, whether or | ||||||
| 11 | not tax savings are involved.
Actions or applications of funds | ||||||
| 12 | may include, but shall not be limited to, the
following:
| ||||||
| 13 | (1) making gifts of income or principal, or both, of | ||||||
| 14 | the estate, either
outright or in trust;
| ||||||
| 15 | (2) conveying, releasing, or disclaiming his or her | ||||||
| 16 | contingent and
expectant interests in property, including | ||||||
| 17 | marital property rights and any
right of survivorship | ||||||
| 18 | incident to joint tenancy or tenancy by the entirety;
| ||||||
| 19 | (3) releasing or disclaiming his or her powers as | ||||||
| 20 | trustee, personal
representative, custodian for minors, or | ||||||
| 21 | guardian;
| ||||||
| 22 | (4) exercising, releasing, or disclaiming his or her | ||||||
| 23 | powers as donee
of a power of appointment;
| ||||||
| 24 | (5) entering into contracts;
| ||||||
| 25 | (6) creating for the benefit of the ward or others, | ||||||
| 26 | revocable or
irrevocable trusts of his or her property that | ||||||
| |||||||
| |||||||
| 1 | may extend beyond his or her
disability or life;
| ||||||
| 2 | (7) exercising options of the ward to purchase or | ||||||
| 3 | exchange
securities or other property;
| ||||||
| 4 | (8) exercising the rights of the ward to elect benefit | ||||||
| 5 | or payment
options, to terminate, to change beneficiaries | ||||||
| 6 | or ownership, to assign
rights, to borrow, or to receive | ||||||
| 7 | cash value in return for a surrender of
rights under any | ||||||
| 8 | one or more of the following:
| ||||||
| 9 | (i) life insurance policies, plans, or benefits,
| ||||||
| 10 | (ii) annuity policies, plans, or benefits,
| ||||||
| 11 | (iii) mutual fund and other dividend investment | ||||||
| 12 | plans,
| ||||||
| 13 | (iv) retirement, profit sharing, and employee | ||||||
| 14 | welfare plans and
benefits;
| ||||||
| 15 | (9) exercising his or her right to claim or disclaim an | ||||||
| 16 | elective share
in the estate of his or her deceased spouse | ||||||
| 17 | and to renounce any interest by
testate or intestate | ||||||
| 18 | succession or by inter vivos transfer;
| ||||||
| 19 | (10) changing the ward's residence or domicile; or
| ||||||
| 20 | (11) modifying by means of codicil or trust amendment | ||||||
| 21 | the terms of the
ward's will or any revocable trust created | ||||||
| 22 | by the ward, as the court may
consider advisable in light | ||||||
| 23 | of changes in applicable tax laws.
| ||||||
| 24 | The guardian in his or her petition shall briefly outline | ||||||
| 25 | the action or
application of funds for which he or she seeks | ||||||
| 26 | approval, the results expected
to be accomplished thereby, and | ||||||
| |||||||
| |||||||
| 1 | the tax savings, if any, expected to accrue.
The proposed | ||||||
| 2 | action or application of funds may include gifts of the ward's
| ||||||
| 3 | personal property or real estate, but transfers of real estate | ||||||
| 4 | shall be subject
to the requirements of Section 20 of this Act. | ||||||
| 5 | Gifts may be for
the benefit of prospective legatees, devisees, | ||||||
| 6 | or heirs apparent of the ward
or may be made to individuals or | ||||||
| 7 | charities in which the ward is believed to
have an interest. | ||||||
| 8 | The guardian shall also indicate in the petition that any
| ||||||
| 9 | planned disposition is consistent with the intentions of the | ||||||
| 10 | ward insofar as
they can be ascertained, and if the ward's | ||||||
| 11 | intentions cannot be ascertained,
the ward will be presumed to | ||||||
| 12 | favor reduction in the incidents of various forms
of taxation | ||||||
| 13 | and the partial distribution of his or her estate as provided | ||||||
| 14 | in
this subsection. The guardian shall not, however, be | ||||||
| 15 | required to include as
a beneficiary or fiduciary any person | ||||||
| 16 | who he has reason to believe would be
excluded by the ward. A | ||||||
| 17 | guardian shall be required to investigate and pursue
a ward's | ||||||
| 18 | eligibility for governmental benefits.
| ||||||
| 19 | (b) Upon the direction of the court which issued his | ||||||
| 20 | letters,
a guardian may perform the contracts of his ward which | ||||||
| 21 | were
legally subsisting at the time of the commencement of the | ||||||
| 22 | ward's
disability. The court may authorize the guardian to | ||||||
| 23 | execute and deliver
any bill of sale, deed or other instrument.
| ||||||
| 24 | (c) The guardian of the estate of a ward shall
appear for | ||||||
| 25 | and represent the ward in all legal proceedings unless another
| ||||||
| 26 | person is appointed for that purpose as guardian or next | ||||||
| |||||||
| |||||||
| 1 | friend. This does not
impair the power of any court to appoint | ||||||
| 2 | a guardian ad litem or next friend
to defend the interests of | ||||||
| 3 | the ward in that court, or to appoint or allow any
person as | ||||||
| 4 | the next friend of a ward to commence, prosecute or defend any
| ||||||
| 5 | proceeding in his behalf. Without impairing the power of the | ||||||
| 6 | court in any
respect, if the guardian of the estate of a ward | ||||||
| 7 | and another person as next
friend shall appear for and | ||||||
| 8 | represent the ward in a legal proceeding in which
the | ||||||
| 9 | compensation of the attorney or attorneys representing the | ||||||
| 10 | guardian and
next friend is solely determined under a | ||||||
| 11 | contingent fee arrangement, the
guardian of the estate of the | ||||||
| 12 | ward shall not participate in or have any duty
to review the | ||||||
| 13 | prosecution of the action, to participate in or review the
| ||||||
| 14 | appropriateness of any settlement of the action, or to | ||||||
| 15 | participate in or review
any determination of the | ||||||
| 16 | appropriateness of any fees awarded to the attorney or
| ||||||
| 17 | attorneys employed in the prosecution of the action.
| ||||||
| 18 | (d) Adjudication of disability shall not revoke or
| ||||||
| 19 | otherwise terminate a trust which is revocable by the ward. A | ||||||
| 20 | guardian of the
estate shall have no authority to revoke a | ||||||
| 21 | trust that is revocable by the
ward, except that the court may | ||||||
| 22 | authorize a guardian to revoke a Totten trust
or similar | ||||||
| 23 | deposit or withdrawable capital account in trust to the extent
| ||||||
| 24 | necessary to provide funds for the purposes specified in | ||||||
| 25 | paragraph (a) of
this Section. If the trustee of any trust for | ||||||
| 26 | the benefit of the ward has
discretionary power to apply income | ||||||
| |||||||
| |||||||
| 1 | or principal for the ward's benefit,
the trustee shall not be | ||||||
| 2 | required to distribute any of the income or principal
to the | ||||||
| 3 | guardian of the ward's estate, but the guardian may
bring an | ||||||
| 4 | action on behalf of the ward to compel
the trustee to exercise | ||||||
| 5 | the trustee's discretion or to seek relief from
an abuse of | ||||||
| 6 | discretion. This paragraph shall not limit the right of a
| ||||||
| 7 | guardian of the estate to receive accountings from the trustee
| ||||||
| 8 | on behalf of the ward.
| ||||||
| 9 | (d-5) Upon a verified petition by the plenary or limited | ||||||
| 10 | guardian of the estate or the request of the ward that is | ||||||
| 11 | accompanied by a current physician's report that states the | ||||||
| 12 | ward possesses testamentary capacity, the court may enter an | ||||||
| 13 | order authorizing the ward to execute a will or codicil. In so | ||||||
| 14 | ordering, the court shall authorize the guardian to retain | ||||||
| 15 | independent counsel for the ward with whom the ward may execute | ||||||
| 16 | or modify a will or codicil. | ||||||
| 17 | (e) Absent court order pursuant to the Illinois Power of | ||||||
| 18 | Attorney
Act directing a guardian to exercise
powers of the | ||||||
| 19 | principal under an agency that survives disability, the
| ||||||
| 20 | guardian will have no power, duty or liability with respect to | ||||||
| 21 | any property
subject to the agency. This subsection (e) applies | ||||||
| 22 | to all agencies,
whenever and wherever executed.
| ||||||
| 23 | (f) Upon petition by any interested person (including the | ||||||
| 24 | standby or
short-term guardian), with such notice to interested | ||||||
| 25 | persons as the court
directs and a finding by the court that it | ||||||
| 26 | is in the best interest of the
person with a disability, the | ||||||
| |||||||
| |||||||
| 1 | court may terminate or limit the authority of a standby or
| ||||||
| 2 | short-term guardian or may enter such other orders as the court | ||||||
| 3 | deems necessary
to provide for the best interest of the person | ||||||
| 4 | with a disability. The petition for
termination or limitation | ||||||
| 5 | of the authority of a standby or short-term guardian
may, but | ||||||
| 6 | need not, be combined with a petition to have another guardian
| ||||||
| 7 | appointed for the person with a disability.
| ||||||
| 8 | (Source: P.A. 99-143, eff. 7-27-15; 99-302, eff. 1-1-16; | ||||||
| 9 | revised 10-21-15.)
| ||||||
| 10 | Section 605. The Condominium Property Act is amended by | ||||||
| 11 | changing Section 18 as follows:
| ||||||
| 12 | (765 ILCS 605/18) (from Ch. 30, par. 318)
| ||||||
| 13 | (Text of Section before amendment by P.A. 99-472) | ||||||
| 14 | Sec. 18. Contents of bylaws. The bylaws shall provide for | ||||||
| 15 | at least
the following:
| ||||||
| 16 | (a)(1) The election from among the unit owners of a board | ||||||
| 17 | of managers,
the number of persons constituting such board, and | ||||||
| 18 | that the terms of at
least one-third of the members of the | ||||||
| 19 | board shall expire annually and that
all members of the board | ||||||
| 20 | shall be elected at large; if .
If there are multiple owners of | ||||||
| 21 | a single unit, only one of the multiple
owners shall be | ||||||
| 22 | eligible to serve as a member of the board at any one time; .
| ||||||
| 23 | (2) the powers and duties of the board;
| ||||||
| 24 | (3) the compensation, if any, of the members of the board;
| ||||||
| |||||||
| |||||||
| 1 | (4) the method of removal from office of members of the | ||||||
| 2 | board;
| ||||||
| 3 | (5) that the board may engage the services of a manager or | ||||||
| 4 | managing agent;
| ||||||
| 5 | (6) that each unit owner shall receive, at least 30 days | ||||||
| 6 | prior to the
adoption thereof by the board of managers, a copy | ||||||
| 7 | of the proposed annual
budget together with an indication of | ||||||
| 8 | which portions are intended for
reserves, capital expenditures | ||||||
| 9 | or repairs or payment of real estate taxes;
| ||||||
| 10 | (7) that the board of managers shall annually supply to
all | ||||||
| 11 | unit owners an itemized accounting of the common expenses
for | ||||||
| 12 | the preceding year actually incurred or paid, together
with an | ||||||
| 13 | indication of which portions were for reserves, capital
| ||||||
| 14 | expenditures or repairs or payment of real estate taxes and
| ||||||
| 15 | with a tabulation of the amounts collected pursuant to the
| ||||||
| 16 | budget or assessment, and showing the net excess or
deficit of | ||||||
| 17 | income over expenditures plus reserves;
| ||||||
| 18 | (8)(i) that each unit owner shall receive notice, in the | ||||||
| 19 | same manner
as is provided in this Act for membership meetings, | ||||||
| 20 | of any meeting of the
board of managers concerning the adoption | ||||||
| 21 | of the proposed annual budget and
regular assessments pursuant | ||||||
| 22 | thereto or to adopt a separate (special)
assessment, (ii) that | ||||||
| 23 | except as provided in subsection (iv) below, if an
adopted
| ||||||
| 24 | budget or any separate assessment adopted by the board would | ||||||
| 25 | result in the
sum of all regular and separate assessments | ||||||
| 26 | payable in the current fiscal year
exceeding 115% of the sum of | ||||||
| |||||||
| |||||||
| 1 | all regular and separate
assessments payable during the
| ||||||
| 2 | preceding fiscal year, the
board of managers, upon written | ||||||
| 3 | petition by unit owners with 20 percent of
the votes of the | ||||||
| 4 | association delivered to the board within 14
days of the board | ||||||
| 5 | action,
shall call a meeting of the unit owners within 30 days | ||||||
| 6 | of the date of
delivery of the petition to consider the budget | ||||||
| 7 | or separate
assessment; unless a
majority of
the total votes of | ||||||
| 8 | the unit owners are cast at the meeting to reject the
budget or | ||||||
| 9 | separate assessment,
it is ratified, (iii) that any common | ||||||
| 10 | expense not set forth in the budget or
any increase in | ||||||
| 11 | assessments over the amount adopted in the budget shall be
| ||||||
| 12 | separately assessed against all unit owners, (iv) that separate | ||||||
| 13 | assessments for
expenditures relating to emergencies or | ||||||
| 14 | mandated by law may be adopted by the
board of managers without | ||||||
| 15 | being subject to unit owner approval or the
provisions of item | ||||||
| 16 | (ii) above or item (v) below. As used
herein, "emergency" means | ||||||
| 17 | an immediate danger to the structural integrity of
the
common | ||||||
| 18 | elements or to the life, health, safety or property of the unit | ||||||
| 19 | owners,
(v) that assessments
for additions and alterations to | ||||||
| 20 | the common elements or to association-owned
property not | ||||||
| 21 | included in the adopted annual budget, shall be separately
| ||||||
| 22 | assessed and are subject to approval of two-thirds of the total | ||||||
| 23 | votes of all
unit owners, (vi) that the board of managers may | ||||||
| 24 | adopt separate assessments
payable over more than one fiscal | ||||||
| 25 | year. With respect to multi-year assessments
not governed by | ||||||
| 26 | items (iv) and (v), the entire amount of the multi-year
| ||||||
| |||||||
| |||||||
| 1 | assessment shall be deemed considered and authorized in the | ||||||
| 2 | first fiscal year
in which the assessment is approved;
| ||||||
| 3 | (9) that meetings of the board of managers shall be open to | ||||||
| 4 | any unit
owner, except for the portion of any meeting held (i) | ||||||
| 5 | to discuss litigation
when an action against or on behalf of | ||||||
| 6 | the particular association has been
filed and is pending in a | ||||||
| 7 | court or administrative tribunal,
or when the board of managers | ||||||
| 8 | finds that such an action is probable
or imminent, (ii) to | ||||||
| 9 | consider information regarding appointment, employment
or | ||||||
| 10 | dismissal of an employee, or (iii) to discuss violations of | ||||||
| 11 | rules and
regulations of the association or a unit owner's | ||||||
| 12 | unpaid share of common
expenses; that any vote on these matters | ||||||
| 13 | shall be taken at a meeting or
portion thereof open to any unit | ||||||
| 14 | owner; that any unit owner may record the
proceedings at | ||||||
| 15 | meetings or portions thereof required to be open by this
Act by | ||||||
| 16 | tape, film or other means; that the board may prescribe | ||||||
| 17 | reasonable
rules and regulations to govern the right to make | ||||||
| 18 | such recordings, that
notice of such meetings shall be mailed | ||||||
| 19 | or delivered at least 48 hours
prior thereto, unless a written | ||||||
| 20 | waiver of such notice is signed by the
person or persons | ||||||
| 21 | entitled to such notice pursuant to the declaration,
bylaws, | ||||||
| 22 | other condominium instrument, or provision of law other than | ||||||
| 23 | this
subsection before the meeting is convened, and that copies | ||||||
| 24 | of notices of
meetings of the board of managers shall be posted | ||||||
| 25 | in entranceways,
elevators, or other conspicuous places in the | ||||||
| 26 | condominium at least 48 hours
prior to the meeting of the board | ||||||
| |||||||
| |||||||
| 1 | of managers except where there is no
common entranceway for 7 | ||||||
| 2 | or more units, the board of managers may designate
one or more | ||||||
| 3 | locations in the proximity of these units where the notices of
| ||||||
| 4 | meetings shall be posted;
| ||||||
| 5 | (10) that the board shall meet at least 4 times annually;
| ||||||
| 6 | (11) that no member of the board or officer shall be | ||||||
| 7 | elected for a term
of more than 2 years, but that officers and | ||||||
| 8 | board members may succeed
themselves;
| ||||||
| 9 | (12) the designation of an officer to mail and receive all | ||||||
| 10 | notices and
execute amendments to condominium instruments as | ||||||
| 11 | provided for in this Act
and in the condominium instruments;
| ||||||
| 12 | (13) the method of filling vacancies on the board
which | ||||||
| 13 | shall include authority for the remaining members of the board | ||||||
| 14 | to
fill the vacancy by two-thirds vote until the next annual | ||||||
| 15 | meeting of unit
owners or for a period terminating no later | ||||||
| 16 | than 30 days following the
filing of a petition signed by unit | ||||||
| 17 | owners holding 20% of the votes of the
association requesting a | ||||||
| 18 | meeting of the unit owners to fill the vacancy for
the balance | ||||||
| 19 | of the term, and that a meeting of the unit owners shall be
| ||||||
| 20 | called for purposes of filling a vacancy on the board no later | ||||||
| 21 | than 30 days
following the filing of a petition signed by unit | ||||||
| 22 | owners holding 20% of the
votes of the association requesting | ||||||
| 23 | such a meeting, and the method of filling
vacancies among the | ||||||
| 24 | officers that shall include the authority for the members
of | ||||||
| 25 | the board to fill the vacancy for the unexpired portion of the | ||||||
| 26 | term;
| ||||||
| |||||||
| |||||||
| 1 | (14) what percentage of the board of managers, if other | ||||||
| 2 | than a majority,
shall constitute a quorum;
| ||||||
| 3 | (15) provisions concerning notice of board meetings to | ||||||
| 4 | members of the
board;
| ||||||
| 5 | (16) the board of managers may not enter into a contract | ||||||
| 6 | with a
current board member
or with a corporation or | ||||||
| 7 | partnership in which a board
member or a member of the board | ||||||
| 8 | member's immediate family has 25% or
more interest, unless | ||||||
| 9 | notice of intent to enter the
contract is given to unit owners | ||||||
| 10 | within 20 days after a decision is made
to enter into the | ||||||
| 11 | contract and the unit owners are
afforded an opportunity by | ||||||
| 12 | filing a petition, signed by 20% of the unit
owners, for an | ||||||
| 13 | election to approve or disapprove the contract;
such petition | ||||||
| 14 | shall be filed within 20 days after such notice and such
| ||||||
| 15 | election shall be held within 30 days after filing the | ||||||
| 16 | petition; for purposes
of this subsection, a board member's | ||||||
| 17 | immediate family means the board member's
spouse, parents, and | ||||||
| 18 | children;
| ||||||
| 19 | (17) that the board of managers may disseminate
to unit | ||||||
| 20 | owners biographical and background information about | ||||||
| 21 | candidates for
election to the board if (i) reasonable efforts | ||||||
| 22 | to identify all candidates are
made and all candidates are | ||||||
| 23 | given an opportunity to include biographical and
background | ||||||
| 24 | information in the information to be disseminated; and (ii) the
| ||||||
| 25 | board does not express a preference in favor of any candidate;
| ||||||
| 26 | (18) any proxy distributed for board elections
by the board | ||||||
| |||||||
| |||||||
| 1 | of managers gives unit owners the
opportunity to designate any | ||||||
| 2 | person as the proxy holder, and gives the unit
owner the | ||||||
| 3 | opportunity to express a preference for any of the known
| ||||||
| 4 | candidates for the board or to write in a name;
| ||||||
| 5 | (19) that special meetings of the board of managers can be | ||||||
| 6 | called by
the president or 25% of the members of the board; and
| ||||||
| 7 | (20) that the board of managers may establish
and maintain | ||||||
| 8 | a system of master metering of public utility services and
| ||||||
| 9 | collect payments in connection therewith, subject to the | ||||||
| 10 | requirements of the
Tenant Utility Payment Disclosure Act.
| ||||||
| 11 | (b)(1) What percentage of the unit owners, if other than | ||||||
| 12 | 20%, shall
constitute a quorum provided that, for condominiums | ||||||
| 13 | with 20 or more units,
the percentage of unit owners | ||||||
| 14 | constituting a quorum shall be 20% unless the
unit owners | ||||||
| 15 | holding a majority of the percentage interest in the
| ||||||
| 16 | association provide for a higher percentage, provided that in | ||||||
| 17 | voting on amendments to the association's bylaws, a unit owner | ||||||
| 18 | who is in arrears on the unit owner's regular or separate | ||||||
| 19 | assessments for 60 days or more, shall not be counted for | ||||||
| 20 | purposes of determining if a quorum is present, but that unit | ||||||
| 21 | owner retains the right to vote on amendments to the | ||||||
| 22 | association's bylaws;
| ||||||
| 23 | (2) that the association shall have one class of | ||||||
| 24 | membership;
| ||||||
| 25 | (3) that the members shall hold an annual meeting, one of | ||||||
| 26 | the purposes
of which shall be to elect members of the board of | ||||||
| |||||||
| |||||||
| 1 | managers;
| ||||||
| 2 | (4) the method of calling meetings of the unit owners;
| ||||||
| 3 | (5) that special meetings of the members can be called by | ||||||
| 4 | the president,
board of managers, or by 20% of unit owners;
| ||||||
| 5 | (6) that written notice of any membership meeting shall be | ||||||
| 6 | mailed
or delivered giving members no less than 10 and no more | ||||||
| 7 | than 30 days
notice of the time, place and purpose of such | ||||||
| 8 | meeting except that notice may be sent, to the extent the | ||||||
| 9 | condominium instruments or rules adopted thereunder expressly | ||||||
| 10 | so provide, by electronic transmission consented to by the unit | ||||||
| 11 | owner to whom the notice is given, provided the director and | ||||||
| 12 | officer or his agent certifies in writing to the delivery by | ||||||
| 13 | electronic transmission;
| ||||||
| 14 | (7) that voting shall be on a percentage basis, and that | ||||||
| 15 | the percentage
vote to which each unit is entitled is the | ||||||
| 16 | percentage interest of the
undivided ownership of the common | ||||||
| 17 | elements appurtenant thereto, provided
that the bylaws may | ||||||
| 18 | provide for approval by unit owners in connection with
matters | ||||||
| 19 | where the requisite approval on a percentage basis is not | ||||||
| 20 | specified
in this Act, on the basis of one vote per unit;
| ||||||
| 21 | (8) that, where there is more than one owner of a unit, if | ||||||
| 22 | only one
of the multiple owners is present at a meeting of the | ||||||
| 23 | association, he is
entitled to cast all the votes allocated to | ||||||
| 24 | that unit, if more than one of
the multiple owners are present, | ||||||
| 25 | the votes allocated to that unit may be
cast only in accordance | ||||||
| 26 | with the agreement of a majority in interest of the
multiple | ||||||
| |||||||
| |||||||
| 1 | owners, unless the declaration expressly provides otherwise, | ||||||
| 2 | that
there is majority agreement if any one of the multiple | ||||||
| 3 | owners cast the
votes allocated to that unit without protest | ||||||
| 4 | being made promptly to the
person presiding over the meeting by | ||||||
| 5 | any of the other owners of the unit;
| ||||||
| 6 | (9)(A) except as provided in subparagraph (B) of this | ||||||
| 7 | paragraph (9) in
connection with board elections, that
a unit | ||||||
| 8 | owner may vote by proxy executed in writing by the unit
owner | ||||||
| 9 | or by his duly authorized attorney in fact; that the proxy must | ||||||
| 10 | bear the date of
execution
and, unless the condominium | ||||||
| 11 | instruments or the written proxy itself provide
otherwise, is
| ||||||
| 12 | invalid after 11 months from the date of its execution; to the | ||||||
| 13 | extent the condominium instruments or rules adopted thereunder | ||||||
| 14 | expressly so provide, a vote or proxy may be submitted by | ||||||
| 15 | electronic transmission, provided that any such electronic | ||||||
| 16 | transmission shall either set forth or be submitted with | ||||||
| 17 | information from which it can be determined that the electronic | ||||||
| 18 | transmission was authorized by the unit owner or the unit | ||||||
| 19 | owner's proxy;
| ||||||
| 20 | (B) that if a rule adopted at least 120 days before a board | ||||||
| 21 | election
or the
declaration or bylaws provide for balloting as | ||||||
| 22 | set forth in this subsection,
unit
owners may not vote by proxy | ||||||
| 23 | in board elections, but may vote only (i) by
submitting an | ||||||
| 24 | association-issued ballot in person at the election meeting or
| ||||||
| 25 | (ii) by
submitting an association-issued ballot to the | ||||||
| 26 | association or its designated
agent
by mail or other means of | ||||||
| |||||||
| |||||||
| 1 | delivery specified in the declaration, bylaws, or
rule; that
| ||||||
| 2 | the ballots shall be mailed or otherwise distributed to unit | ||||||
| 3 | owners not less
than 10
and not more than 30 days before the | ||||||
| 4 | election meeting, and the board shall give
unit owners not less | ||||||
| 5 | than 21 days' prior written notice of the deadline for
| ||||||
| 6 | inclusion of a candidate's name on the ballots; that the | ||||||
| 7 | deadline shall be no
more
than 7 days before the ballots are | ||||||
| 8 | mailed or otherwise distributed to unit
owners; that
every such | ||||||
| 9 | ballot must include the names of all candidates who have given | ||||||
| 10 | the
board or its authorized agent timely written notice of | ||||||
| 11 | their candidacy and must
give the person casting the ballot the | ||||||
| 12 | opportunity to cast votes for candidates
whose names do not | ||||||
| 13 | appear on the ballot; that a ballot received by the
association
| ||||||
| 14 | or
its designated agent after the close of voting shall not be | ||||||
| 15 | counted; that a
unit
owner
who submits a ballot by mail or | ||||||
| 16 | other means of delivery specified in the
declaration, bylaws, | ||||||
| 17 | or rule may request and cast a ballot in person at the
election
| ||||||
| 18 | meeting, and thereby void any ballot previously submitted by | ||||||
| 19 | that unit owner; | ||||||
| 20 | (B-5) that if a rule adopted at least 120 days before a | ||||||
| 21 | board election or the declaration or bylaws provide for | ||||||
| 22 | balloting as set forth in this subparagraph, unit owners may | ||||||
| 23 | not vote by proxy in board elections, but may vote only (i) by | ||||||
| 24 | submitting an association-issued ballot in person at the | ||||||
| 25 | election meeting; or (ii) by any acceptable technological means | ||||||
| 26 | as defined in Section 2 of this Act; instructions regarding the | ||||||
| |||||||
| |||||||
| 1 | use of electronic means for voting shall be distributed to all | ||||||
| 2 | unit owners not less than 10 and not more than 30 days before | ||||||
| 3 | the election meeting, and the board shall give unit owners not | ||||||
| 4 | less than 21 days' prior written notice of the deadline for | ||||||
| 5 | inclusion of a candidate's name on the ballots; the deadline | ||||||
| 6 | shall be no more than 7 days before the instructions for voting | ||||||
| 7 | using electronic or acceptable technological means is | ||||||
| 8 | distributed to unit owners; every instruction notice must | ||||||
| 9 | include the names of all candidates who have given the board or | ||||||
| 10 | its authorized agent timely written notice of their candidacy | ||||||
| 11 | and must give the person voting through electronic or | ||||||
| 12 | acceptable technological means the opportunity to cast votes | ||||||
| 13 | for candidates whose names do not appear on the ballot; a unit | ||||||
| 14 | owner who submits a vote using electronic or acceptable | ||||||
| 15 | technological means may request and cast a ballot in person at | ||||||
| 16 | the election meeting, thereby voiding any vote previously | ||||||
| 17 | submitted by that unit owner;
| ||||||
| 18 | (C) that if a written petition by unit owners with at least | ||||||
| 19 | 20% of the
votes of
the association is delivered to the board | ||||||
| 20 | within 14 days after the board's
approval
of a rule adopted | ||||||
| 21 | pursuant to subparagraph (B) or subparagraph (B-5) of this | ||||||
| 22 | paragraph (9), the board
shall call a meeting of the unit | ||||||
| 23 | owners within 30 days after the date of
delivery of
the | ||||||
| 24 | petition; that unless a majority of the total votes of the unit | ||||||
| 25 | owners are
cast
at the
meeting to reject the rule, the rule is | ||||||
| 26 | ratified;
| ||||||
| |||||||
| |||||||
| 1 | (D) that votes cast by ballot under subparagraph (B) or | ||||||
| 2 | electronic or acceptable technological means under | ||||||
| 3 | subparagraph (B-5) of this paragraph (9) are valid for the | ||||||
| 4 | purpose of establishing a quorum;
| ||||||
| 5 | (10) that the association may, upon adoption of the | ||||||
| 6 | appropriate rules by
the board of managers, conduct elections | ||||||
| 7 | by secret ballot whereby the voting
ballot is marked only with | ||||||
| 8 | the percentage interest for the unit and the vote
itself, | ||||||
| 9 | provided that the board further adopt rules to verify the | ||||||
| 10 | status of the
unit owner issuing a proxy or casting a ballot; | ||||||
| 11 | and further, that a candidate
for election to the board of | ||||||
| 12 | managers or such
candidate's representative shall have the | ||||||
| 13 | right to be present at the
counting of ballots at such | ||||||
| 14 | election;
| ||||||
| 15 | (11) that in the event of a resale of a condominium unit | ||||||
| 16 | the purchaser
of a unit from a seller other than the developer | ||||||
| 17 | pursuant to an installment
contract for purchase shall during | ||||||
| 18 | such times as he or she resides in the
unit be counted toward a | ||||||
| 19 | quorum for purposes of election of members of the
board of | ||||||
| 20 | managers at any meeting of the unit owners called for purposes | ||||||
| 21 | of
electing members of the board, shall have the right to vote | ||||||
| 22 | for the
election of members of the board of managers and to be | ||||||
| 23 | elected to and serve
on the board of managers unless the seller | ||||||
| 24 | expressly retains in writing any
or all of such rights. In no | ||||||
| 25 | event may the seller and purchaser both be
counted toward a | ||||||
| 26 | quorum, be permitted to vote for a particular office or be
| ||||||
| |||||||
| |||||||
| 1 | elected and serve on the board. Satisfactory evidence of the | ||||||
| 2 | installment contract
contact shall be made available to the | ||||||
| 3 | association or its agents. For
purposes of this subsection, | ||||||
| 4 | "installment contract" contact" shall have the same
meaning as | ||||||
| 5 | set forth in Section 1 (e) of the Dwelling Unit Installment | ||||||
| 6 | Contract Act "An Act relating to installment
contracts to sell | ||||||
| 7 | dwelling structures", approved August 11, 1967, as amended;
| ||||||
| 8 | (12) the method by which matters subject to the approval of | ||||||
| 9 | unit owners
set forth in this Act, or in the condominium | ||||||
| 10 | instruments, will be
submitted to the unit owners at special | ||||||
| 11 | membership meetings called for such
purposes; and
| ||||||
| 12 | (13) that matters subject to the affirmative vote of not | ||||||
| 13 | less than 2/3
of the votes of unit owners at a meeting duly | ||||||
| 14 | called for that purpose,
shall include, but not be limited to:
| ||||||
| 15 | (i) merger or consolidation of the association;
| ||||||
| 16 | (ii) sale, lease, exchange, or other disposition | ||||||
| 17 | (excluding the mortgage
or pledge) of all, or substantially | ||||||
| 18 | all of the property and assets of the
association; and
| ||||||
| 19 | (iii) the purchase or sale of land or of units on | ||||||
| 20 | behalf of all unit owners.
| ||||||
| 21 | (c) Election of a president from among the board of | ||||||
| 22 | managers, who shall
preside over the meetings of the board of | ||||||
| 23 | managers and of the unit owners.
| ||||||
| 24 | (d) Election of a secretary from among the board of | ||||||
| 25 | managers, who shall
keep the minutes of all meetings
of the | ||||||
| 26 | board of managers and of the unit owners and who shall, in | ||||||
| |||||||
| |||||||
| 1 | general,
perform all the duties incident to the office of | ||||||
| 2 | secretary.
| ||||||
| 3 | (e) Election of a treasurer from among the board of | ||||||
| 4 | managers, who shall
keep the financial records and
books of | ||||||
| 5 | account.
| ||||||
| 6 | (f) Maintenance, repair and replacement of the common | ||||||
| 7 | elements and
payments therefor, including the method of | ||||||
| 8 | approving payment vouchers.
| ||||||
| 9 | (g) An association with 30 or more units shall obtain and | ||||||
| 10 | maintain
fidelity insurance covering persons who control or | ||||||
| 11 | disburse funds of the
association for the maximum amount of | ||||||
| 12 | coverage available to protect funds
in the custody or control | ||||||
| 13 | of the association plus the association reserve
fund. All | ||||||
| 14 | management companies which are responsible for the funds held | ||||||
| 15 | or
administered by the association shall maintain and furnish | ||||||
| 16 | to the
association a fidelity bond for the maximum amount of | ||||||
| 17 | coverage available to
protect funds in the custody of the | ||||||
| 18 | management company at any time. The
association shall bear the | ||||||
| 19 | cost of the fidelity insurance and fidelity
bond, unless | ||||||
| 20 | otherwise provided by contract between the association and a
| ||||||
| 21 | management company. The association shall be the direct obligee | ||||||
| 22 | of any
such fidelity bond. A management company holding reserve | ||||||
| 23 | funds of an
association shall at all times maintain a separate | ||||||
| 24 | account for each
association, provided, however, that for | ||||||
| 25 | investment purposes, the Board of
Managers of an association | ||||||
| 26 | may authorize a management company to maintain
the | ||||||
| |||||||
| |||||||
| 1 | association's reserve funds in a single interest bearing | ||||||
| 2 | account with
similar funds of other associations. The | ||||||
| 3 | management company shall at all
times maintain records | ||||||
| 4 | identifying all moneys of each association in such
investment | ||||||
| 5 | account. The management company may hold all operating funds of
| ||||||
| 6 | associations which it manages in a single operating account but | ||||||
| 7 | shall at
all times maintain records identifying all moneys of | ||||||
| 8 | each association in
such operating account. Such operating and | ||||||
| 9 | reserve funds held by the
management company for the | ||||||
| 10 | association shall not be subject to attachment
by any creditor | ||||||
| 11 | of the management company.
| ||||||
| 12 | For the purpose of this subsection, a management company | ||||||
| 13 | shall be
defined as a person, partnership, corporation, or | ||||||
| 14 | other legal entity
entitled to transact business on behalf of | ||||||
| 15 | others, acting on behalf of or
as an agent for a unit owner, | ||||||
| 16 | unit owners or association of unit owners for
the purpose of | ||||||
| 17 | carrying out the duties, responsibilities, and other
| ||||||
| 18 | obligations necessary for the day to day operation and | ||||||
| 19 | management of any
property subject to this Act. For purposes of | ||||||
| 20 | this subsection, the term
"fiduciary insurance coverage" shall | ||||||
| 21 | be defined as both a fidelity bond and
directors and officers | ||||||
| 22 | liability coverage, the fidelity bond in the full
amount of | ||||||
| 23 | association funds and association reserves that will be in the
| ||||||
| 24 | custody of the association, and the directors and officers | ||||||
| 25 | liability
coverage at a level as shall be determined to be | ||||||
| 26 | reasonable by the board of
managers, if not otherwise | ||||||
| |||||||
| |||||||
| 1 | established by the declaration or by laws.
| ||||||
| 2 | Until one year after September 21, 1985 (the effective date | ||||||
| 3 | of Public Act 84-722) this amendatory Act of 1985,
if a | ||||||
| 4 | condominium association has reserves plus assessments in | ||||||
| 5 | excess of
$250,000 and cannot reasonably obtain 100% fidelity | ||||||
| 6 | bond coverage for such
amount, then it must obtain a fidelity | ||||||
| 7 | bond coverage of $250,000.
| ||||||
| 8 | (h) Method of estimating the amount of the annual budget, | ||||||
| 9 | and the manner
of assessing and collecting from the unit owners | ||||||
| 10 | their respective shares of
such estimated expenses, and of any | ||||||
| 11 | other expenses lawfully agreed upon.
| ||||||
| 12 | (i) That upon 10 days notice to the manager or board of | ||||||
| 13 | managers and
payment of a reasonable fee, any unit owner shall | ||||||
| 14 | be furnished a statement
of his account setting forth the | ||||||
| 15 | amount of any unpaid assessments or other
charges due and owing | ||||||
| 16 | from such owner.
| ||||||
| 17 | (j) Designation and removal of personnel necessary for the | ||||||
| 18 | maintenance,
repair and replacement of the common elements.
| ||||||
| 19 | (k) Such restrictions on and requirements respecting the | ||||||
| 20 | use and
maintenance of the units and the use of the common | ||||||
| 21 | elements, not set forth
in the declaration, as are designed to | ||||||
| 22 | prevent unreasonable interference
with the use of their | ||||||
| 23 | respective units and of the common elements by the
several unit | ||||||
| 24 | owners.
| ||||||
| 25 | (l) Method of adopting and of amending administrative rules | ||||||
| 26 | and
regulations governing the operation and use of the common | ||||||
| |||||||
| |||||||
| 1 | elements.
| ||||||
| 2 | (m) The percentage of votes required to modify or amend the | ||||||
| 3 | bylaws, but
each one of the particulars set forth in this | ||||||
| 4 | section shall always be
embodied in the bylaws.
| ||||||
| 5 | (n)(i) The provisions of this Act, the declaration, bylaws, | ||||||
| 6 | other
condominium instruments, and rules and regulations that | ||||||
| 7 | relate to the use
of the individual unit or the common elements | ||||||
| 8 | shall be applicable to
any person leasing a unit and shall be | ||||||
| 9 | deemed to be incorporated in any
lease executed or renewed on | ||||||
| 10 | or after August 30, 1984 (the effective date of Public Act | ||||||
| 11 | 83-1271) this amendatory
Act of 1984. | ||||||
| 12 | (ii) With regard to any lease entered into subsequent to | ||||||
| 13 | July 1, 1990 (the
effective date of Public Act 86-991) this | ||||||
| 14 | amendatory Act of 1989, the unit owner leasing the
unit shall | ||||||
| 15 | deliver a copy of the signed lease to the board or if the
lease | ||||||
| 16 | is oral, a memorandum of the lease, not later than the date of
| ||||||
| 17 | occupancy or 10 days after the lease is signed, whichever | ||||||
| 18 | occurs first. In
addition to any other remedies, by filing an | ||||||
| 19 | action jointly against the
tenant and the unit owner, an | ||||||
| 20 | association may seek to enjoin a tenant from
occupying a unit | ||||||
| 21 | or seek to evict a tenant under the provisions of Article
IX of | ||||||
| 22 | the Code of Civil Procedure for failure of the lessor-owner to
| ||||||
| 23 | comply with the leasing requirements prescribed by
this Section | ||||||
| 24 | or by the declaration, bylaws, and
rules and regulations. The | ||||||
| 25 | board of managers may proceed directly against a
tenant, at law | ||||||
| 26 | or in equity, or under the provisions of Article IX of the
Code | ||||||
| |||||||
| |||||||
| 1 | of Civil Procedure, for any other breach by tenant of any
| ||||||
| 2 | covenants, rules, regulations or bylaws.
| ||||||
| 3 | (o) The association shall have no authority to forbear the | ||||||
| 4 | payment
of assessments by any unit owner.
| ||||||
| 5 | (p) That when 30% or fewer of the units, by number,
possess | ||||||
| 6 | over 50% in the aggregate of the votes in the association,
any | ||||||
| 7 | percentage vote of members specified herein or in the | ||||||
| 8 | condominium
instruments shall require the specified percentage | ||||||
| 9 | by number of units
rather than by percentage of interest in the | ||||||
| 10 | common elements allocated
to units that would otherwise be | ||||||
| 11 | applicable and garage units or storage units, or both, shall | ||||||
| 12 | have, in total, no more votes than their aggregate percentage | ||||||
| 13 | of ownership in the common elements; this shall mean that if | ||||||
| 14 | garage units or storage units, or both, are to be given a vote, | ||||||
| 15 | or portion of a vote, that the association must add the total | ||||||
| 16 | number of votes cast of garage units, storage units, or both, | ||||||
| 17 | and divide the total by the number of garage units, storage | ||||||
| 18 | units, or both, and multiply by the aggregate percentage of | ||||||
| 19 | ownership of garage units and storage units to determine the | ||||||
| 20 | vote, or portion of a vote, that garage units or storage units, | ||||||
| 21 | or both, have. For purposes of this subsection (p), when making | ||||||
| 22 | a determination of whether 30% or fewer of the units, by | ||||||
| 23 | number, possess over 50% in the aggregate of the votes in the | ||||||
| 24 | association, a unit shall not include a garage unit or a | ||||||
| 25 | storage unit.
| ||||||
| 26 | (q) That a unit owner may not assign, delegate, transfer, | ||||||
| |||||||
| |||||||
| 1 | surrender, or
avoid the duties, responsibilities, and | ||||||
| 2 | liabilities of a unit owner under this
Act, the condominium | ||||||
| 3 | instruments, or the rules and regulations of the
Association; | ||||||
| 4 | and that such an attempted assignment, delegation, transfer,
| ||||||
| 5 | surrender, or avoidance shall be deemed void.
| ||||||
| 6 | The provisions of this Section are applicable to all | ||||||
| 7 | condominium
instruments recorded under this Act. Any portion of | ||||||
| 8 | a condominium
instrument which contains provisions contrary to | ||||||
| 9 | these provisions shall be
void as against public policy and | ||||||
| 10 | ineffective. Any such instrument which
fails to contain the | ||||||
| 11 | provisions required by this Section shall be deemed to
| ||||||
| 12 | incorporate such provisions by operation of law.
| ||||||
| 13 | (Source: P.A. 98-1042, eff. 1-1-15; revised 10-19-15.)
| ||||||
| 14 | (Text of Section after amendment by P.A. 99-472) | ||||||
| 15 | Sec. 18. Contents of bylaws. The bylaws shall provide for | ||||||
| 16 | at least
the following:
| ||||||
| 17 | (a)(1) The election from among the unit owners of a board | ||||||
| 18 | of managers,
the number of persons constituting such board, and | ||||||
| 19 | that the terms of at
least one-third of the members of the | ||||||
| 20 | board shall expire annually and that
all members of the board | ||||||
| 21 | shall be elected at large; if .
If there are multiple owners of | ||||||
| 22 | a single unit, only one of the multiple
owners shall be | ||||||
| 23 | eligible to serve as a member of the board at any one time; .
| ||||||
| 24 | (2) the powers and duties of the board;
| ||||||
| 25 | (3) the compensation, if any, of the members of the board;
| ||||||
| |||||||
| |||||||
| 1 | (4) the method of removal from office of members of the | ||||||
| 2 | board;
| ||||||
| 3 | (5) that the board may engage the services of a manager or | ||||||
| 4 | managing agent;
| ||||||
| 5 | (6) that each unit owner shall receive, at least 25 days | ||||||
| 6 | prior to the
adoption thereof by the board of managers, a copy | ||||||
| 7 | of the proposed annual
budget together with an indication of | ||||||
| 8 | which portions are intended for
reserves, capital expenditures | ||||||
| 9 | or repairs or payment of real estate taxes;
| ||||||
| 10 | (7) that the board of managers shall annually supply to
all | ||||||
| 11 | unit owners an itemized accounting of the common expenses
for | ||||||
| 12 | the preceding year actually incurred or paid, together
with an | ||||||
| 13 | indication of which portions were for reserves, capital
| ||||||
| 14 | expenditures or repairs or payment of real estate taxes and
| ||||||
| 15 | with a tabulation of the amounts collected pursuant to the
| ||||||
| 16 | budget or assessment, and showing the net excess or
deficit of | ||||||
| 17 | income over expenditures plus reserves;
| ||||||
| 18 | (8)(i) that each unit owner shall receive notice, in the | ||||||
| 19 | same manner
as is provided in this Act for membership meetings, | ||||||
| 20 | of any meeting of the
board of managers concerning the adoption | ||||||
| 21 | of the proposed annual budget and
regular assessments pursuant | ||||||
| 22 | thereto or to adopt a separate (special)
assessment, (ii) that | ||||||
| 23 | except as provided in subsection (iv) below, if an
adopted
| ||||||
| 24 | budget or any separate assessment adopted by the board would | ||||||
| 25 | result in the
sum of all regular and separate assessments | ||||||
| 26 | payable in the current fiscal year
exceeding 115% of the sum of | ||||||
| |||||||
| |||||||
| 1 | all regular and separate
assessments payable during the
| ||||||
| 2 | preceding fiscal year, the
board of managers, upon written | ||||||
| 3 | petition by unit owners with 20 percent of
the votes of the | ||||||
| 4 | association delivered to the board within 14
days of the board | ||||||
| 5 | action,
shall call a meeting of the unit owners within 30 days | ||||||
| 6 | of the date of
delivery of the petition to consider the budget | ||||||
| 7 | or separate
assessment; unless a
majority of
the total votes of | ||||||
| 8 | the unit owners are cast at the meeting to reject the
budget or | ||||||
| 9 | separate assessment,
it is ratified, (iii) that any common | ||||||
| 10 | expense not set forth in the budget or
any increase in | ||||||
| 11 | assessments over the amount adopted in the budget shall be
| ||||||
| 12 | separately assessed against all unit owners, (iv) that separate | ||||||
| 13 | assessments for
expenditures relating to emergencies or | ||||||
| 14 | mandated by law may be adopted by the
board of managers without | ||||||
| 15 | being subject to unit owner approval or the
provisions of item | ||||||
| 16 | (ii) above or item (v) below. As used
herein, "emergency" means | ||||||
| 17 | an immediate danger to the structural integrity of
the
common | ||||||
| 18 | elements or to the life, health, safety or property of the unit | ||||||
| 19 | owners,
(v) that assessments
for additions and alterations to | ||||||
| 20 | the common elements or to association-owned
property not | ||||||
| 21 | included in the adopted annual budget, shall be separately
| ||||||
| 22 | assessed and are subject to approval of two-thirds of the total | ||||||
| 23 | votes of all
unit owners, (vi) that the board of managers may | ||||||
| 24 | adopt separate assessments
payable over more than one fiscal | ||||||
| 25 | year. With respect to multi-year assessments
not governed by | ||||||
| 26 | items (iv) and (v), the entire amount of the multi-year
| ||||||
| |||||||
| |||||||
| 1 | assessment shall be deemed considered and authorized in the | ||||||
| 2 | first fiscal year
in which the assessment is approved;
| ||||||
| 3 | (9)(A) that every meeting of the board of managers shall be | ||||||
| 4 | open to any unit
owner, except for the portion of any meeting | ||||||
| 5 | held to discuss or consider information relating to: (i) | ||||||
| 6 | litigation
when an action against or on behalf of the | ||||||
| 7 | particular association has been
filed and is pending in a court | ||||||
| 8 | or administrative tribunal,
or when the board of managers finds | ||||||
| 9 | that such an action is probable
or imminent, (ii) appointment, | ||||||
| 10 | employment
or dismissal of an employee, (iii) violations of | ||||||
| 11 | rules and
regulations of the association, or (iv) a unit | ||||||
| 12 | owner's unpaid share of common
expenses; that any vote on these | ||||||
| 13 | matters discussed or considered in closed session shall take | ||||||
| 14 | place at a meeting of the board of managers or
portion thereof | ||||||
| 15 | open to any unit owner; | ||||||
| 16 | (B) that board members may participate in and act at any | ||||||
| 17 | meeting of the board of managers in person, by telephonic | ||||||
| 18 | means, or by use of any acceptable technological means whereby | ||||||
| 19 | all persons participating in the meeting can communicate with | ||||||
| 20 | each other; that participation constitutes attendance and | ||||||
| 21 | presence in person at the meeting; | ||||||
| 22 | (C) that any unit owner may record the
proceedings at | ||||||
| 23 | meetings of the board of managers or portions thereof required | ||||||
| 24 | to be open by this
Act by tape, film or other means, and that | ||||||
| 25 | the board may prescribe reasonable
rules and regulations to | ||||||
| 26 | govern the right to make such recordings; | ||||||
| |||||||
| |||||||
| 1 | (D) that
notice of every meeting of the board of managers | ||||||
| 2 | shall be given to every board member at least 48 hours
prior | ||||||
| 3 | thereto, unless the board member waives notice of the meeting | ||||||
| 4 | pursuant to subsection (a) of Section 18.8; and | ||||||
| 5 | (E) that notice of every meeting
of the board of managers | ||||||
| 6 | shall be posted in entranceways,
elevators, or other | ||||||
| 7 | conspicuous places in the condominium at least 48 hours
prior | ||||||
| 8 | to the meeting of the board of managers except where there is | ||||||
| 9 | no
common entranceway for 7 or more units, the board of | ||||||
| 10 | managers may designate
one or more locations in the proximity | ||||||
| 11 | of these units where the notices of
meetings shall be posted; | ||||||
| 12 | that notice of every meeting of the board of managers shall | ||||||
| 13 | also be given at least 48 hours prior to the meeting, or such | ||||||
| 14 | longer notice as this Act may separately require, to: (i) each | ||||||
| 15 | unit owner who has provided the association with written | ||||||
| 16 | authorization to conduct business by acceptable technological | ||||||
| 17 | means, and (ii) to the extent that the condominium instruments | ||||||
| 18 | of an association require, to each other unit owner, as | ||||||
| 19 | required by subsection (f) of Section 18.8, by mail or | ||||||
| 20 | delivery, and that no other notice of a meeting of the board of | ||||||
| 21 | managers need be given to any unit owner;
| ||||||
| 22 | (10) that the board shall meet at least 4 times annually;
| ||||||
| 23 | (11) that no member of the board or officer shall be | ||||||
| 24 | elected for a term
of more than 2 years, but that officers and | ||||||
| 25 | board members may succeed
themselves;
| ||||||
| 26 | (12) the designation of an officer to mail and receive all | ||||||
| |||||||
| |||||||
| 1 | notices and
execute amendments to condominium instruments as | ||||||
| 2 | provided for in this Act
and in the condominium instruments;
| ||||||
| 3 | (13) the method of filling vacancies on the board
which | ||||||
| 4 | shall include authority for the remaining members of the board | ||||||
| 5 | to
fill the vacancy by two-thirds vote until the next annual | ||||||
| 6 | meeting of unit
owners or for a period terminating no later | ||||||
| 7 | than 30 days following the
filing of a petition signed by unit | ||||||
| 8 | owners holding 20% of the votes of the
association requesting a | ||||||
| 9 | meeting of the unit owners to fill the vacancy for
the balance | ||||||
| 10 | of the term, and that a meeting of the unit owners shall be
| ||||||
| 11 | called for purposes of filling a vacancy on the board no later | ||||||
| 12 | than 30 days
following the filing of a petition signed by unit | ||||||
| 13 | owners holding 20% of the
votes of the association requesting | ||||||
| 14 | such a meeting, and the method of filling
vacancies among the | ||||||
| 15 | officers that shall include the authority for the members
of | ||||||
| 16 | the board to fill the vacancy for the unexpired portion of the | ||||||
| 17 | term;
| ||||||
| 18 | (14) what percentage of the board of managers, if other | ||||||
| 19 | than a majority,
shall constitute a quorum;
| ||||||
| 20 | (15) provisions concerning notice of board meetings to | ||||||
| 21 | members of the
board;
| ||||||
| 22 | (16) the board of managers may not enter into a contract | ||||||
| 23 | with a
current board member
or with a corporation or | ||||||
| 24 | partnership in which a board
member or a member of the board | ||||||
| 25 | member's immediate family has 25% or
more interest, unless | ||||||
| 26 | notice of intent to enter the
contract is given to unit owners | ||||||
| |||||||
| |||||||
| 1 | within 20 days after a decision is made
to enter into the | ||||||
| 2 | contract and the unit owners are
afforded an opportunity by | ||||||
| 3 | filing a petition, signed by 20% of the unit
owners, for an | ||||||
| 4 | election to approve or disapprove the contract;
such petition | ||||||
| 5 | shall be filed within 20 days after such notice and such
| ||||||
| 6 | election shall be held within 30 days after filing the | ||||||
| 7 | petition; for purposes
of this subsection, a board member's | ||||||
| 8 | immediate family means the board member's
spouse, parents, and | ||||||
| 9 | children;
| ||||||
| 10 | (17) that the board of managers may disseminate
to unit | ||||||
| 11 | owners biographical and background information about | ||||||
| 12 | candidates for
election to the board if (i) reasonable efforts | ||||||
| 13 | to identify all candidates are
made and all candidates are | ||||||
| 14 | given an opportunity to include biographical and
background | ||||||
| 15 | information in the information to be disseminated; and (ii) the
| ||||||
| 16 | board does not express a preference in favor of any candidate;
| ||||||
| 17 | (18) any proxy distributed for board elections
by the board | ||||||
| 18 | of managers gives unit owners the
opportunity to designate any | ||||||
| 19 | person as the proxy holder, and gives the unit
owner the | ||||||
| 20 | opportunity to express a preference for any of the known
| ||||||
| 21 | candidates for the board or to write in a name;
| ||||||
| 22 | (19) that special meetings of the board of managers can be | ||||||
| 23 | called by
the president or 25% of the members of the board;
| ||||||
| 24 | (20) that the board of managers may establish
and maintain | ||||||
| 25 | a system of master metering of public utility services and
| ||||||
| 26 | collect payments in connection therewith, subject to the | ||||||
| |||||||
| |||||||
| 1 | requirements of the
Tenant Utility Payment Disclosure Act; and
| ||||||
| 2 | (21) that the board may ratify and confirm actions of the
| ||||||
| 3 | members of the board taken in response to an emergency, as that
| ||||||
| 4 | term is defined in subdivision (a)(8)(iv) of this Section; that
| ||||||
| 5 | the board shall give notice to the unit owners of: (i) the
| ||||||
| 6 | occurrence of the emergency event within 7 business days after
| ||||||
| 7 | the emergency event, and (ii) the general description of the
| ||||||
| 8 | actions taken to address the event within 7 days after the
| ||||||
| 9 | emergency event. | ||||||
| 10 | The intent of the provisions of Public Act 99-472 this | ||||||
| 11 | amendatory Act of the 99th General
Assembly adding this | ||||||
| 12 | paragraph (21) is to empower and support boards to act in
| ||||||
| 13 | emergencies.
| ||||||
| 14 | (b)(1) What percentage of the unit owners, if other than | ||||||
| 15 | 20%, shall
constitute a quorum provided that, for condominiums | ||||||
| 16 | with 20 or more units,
the percentage of unit owners | ||||||
| 17 | constituting a quorum shall be 20% unless the
unit owners | ||||||
| 18 | holding a majority of the percentage interest in the
| ||||||
| 19 | association provide for a higher percentage, provided that in | ||||||
| 20 | voting on amendments to the association's bylaws, a unit owner | ||||||
| 21 | who is in arrears on the unit owner's regular or separate | ||||||
| 22 | assessments for 60 days or more, shall not be counted for | ||||||
| 23 | purposes of determining if a quorum is present, but that unit | ||||||
| 24 | owner retains the right to vote on amendments to the | ||||||
| 25 | association's bylaws;
| ||||||
| 26 | (2) that the association shall have one class of | ||||||
| |||||||
| |||||||
| 1 | membership;
| ||||||
| 2 | (3) that the members shall hold an annual meeting, one of | ||||||
| 3 | the purposes
of which shall be to elect members of the board of | ||||||
| 4 | managers;
| ||||||
| 5 | (4) the method of calling meetings of the unit owners;
| ||||||
| 6 | (5) that special meetings of the members can be called by | ||||||
| 7 | the president,
board of managers, or by 20% of unit owners;
| ||||||
| 8 | (6) that written notice of any membership meeting shall be | ||||||
| 9 | mailed
or delivered giving members no less than 10 and no more | ||||||
| 10 | than 30 days
notice of the time, place and purpose of such | ||||||
| 11 | meeting except that notice may be sent, to the extent the | ||||||
| 12 | condominium instruments or rules adopted thereunder expressly | ||||||
| 13 | so provide, by electronic transmission consented to by the unit | ||||||
| 14 | owner to whom the notice is given, provided the director and | ||||||
| 15 | officer or his agent certifies in writing to the delivery by | ||||||
| 16 | electronic transmission;
| ||||||
| 17 | (7) that voting shall be on a percentage basis, and that | ||||||
| 18 | the percentage
vote to which each unit is entitled is the | ||||||
| 19 | percentage interest of the
undivided ownership of the common | ||||||
| 20 | elements appurtenant thereto, provided
that the bylaws may | ||||||
| 21 | provide for approval by unit owners in connection with
matters | ||||||
| 22 | where the requisite approval on a percentage basis is not | ||||||
| 23 | specified
in this Act, on the basis of one vote per unit;
| ||||||
| 24 | (8) that, where there is more than one owner of a unit, if | ||||||
| 25 | only one
of the multiple owners is present at a meeting of the | ||||||
| 26 | association, he is
entitled to cast all the votes allocated to | ||||||
| |||||||
| |||||||
| 1 | that unit, if more than one of
the multiple owners are present, | ||||||
| 2 | the votes allocated to that unit may be
cast only in accordance | ||||||
| 3 | with the agreement of a majority in interest of the
multiple | ||||||
| 4 | owners, unless the declaration expressly provides otherwise, | ||||||
| 5 | that
there is majority agreement if any one of the multiple | ||||||
| 6 | owners cast the
votes allocated to that unit without protest | ||||||
| 7 | being made promptly to the
person presiding over the meeting by | ||||||
| 8 | any of the other owners of the unit;
| ||||||
| 9 | (9)(A) except as provided in subparagraph (B) of this | ||||||
| 10 | paragraph (9) in
connection with board elections, that
a unit | ||||||
| 11 | owner may vote by proxy executed in writing by the unit
owner | ||||||
| 12 | or by his duly authorized attorney in fact; that the proxy must | ||||||
| 13 | bear the date of
execution
and, unless the condominium | ||||||
| 14 | instruments or the written proxy itself provide
otherwise, is
| ||||||
| 15 | invalid after 11 months from the date of its execution; to the | ||||||
| 16 | extent the condominium instruments or rules adopted thereunder | ||||||
| 17 | expressly so provide, a vote or proxy may be submitted by | ||||||
| 18 | electronic transmission, provided that any such electronic | ||||||
| 19 | transmission shall either set forth or be submitted with | ||||||
| 20 | information from which it can be determined that the electronic | ||||||
| 21 | transmission was authorized by the unit owner or the unit | ||||||
| 22 | owner's proxy;
| ||||||
| 23 | (B) that if a rule adopted at least 120 days before a board | ||||||
| 24 | election
or the
declaration or bylaws provide for balloting as | ||||||
| 25 | set forth in this subsection,
unit
owners may not vote by proxy | ||||||
| 26 | in board elections, but may vote only (i) by
submitting an | ||||||
| |||||||
| |||||||
| 1 | association-issued ballot in person at the election meeting or
| ||||||
| 2 | (ii) by
submitting an association-issued ballot to the | ||||||
| 3 | association or its designated
agent
by mail or other means of | ||||||
| 4 | delivery specified in the declaration, bylaws, or
rule; that
| ||||||
| 5 | the ballots shall be mailed or otherwise distributed to unit | ||||||
| 6 | owners not less
than 10
and not more than 30 days before the | ||||||
| 7 | election meeting, and the board shall give
unit owners not less | ||||||
| 8 | than 21 days' prior written notice of the deadline for
| ||||||
| 9 | inclusion of a candidate's name on the ballots; that the | ||||||
| 10 | deadline shall be no
more
than 7 days before the ballots are | ||||||
| 11 | mailed or otherwise distributed to unit
owners; that
every such | ||||||
| 12 | ballot must include the names of all candidates who have given | ||||||
| 13 | the
board or its authorized agent timely written notice of | ||||||
| 14 | their candidacy and must
give the person casting the ballot the | ||||||
| 15 | opportunity to cast votes for candidates
whose names do not | ||||||
| 16 | appear on the ballot; that a ballot received by the
association
| ||||||
| 17 | or
its designated agent after the close of voting shall not be | ||||||
| 18 | counted; that a
unit
owner
who submits a ballot by mail or | ||||||
| 19 | other means of delivery specified in the
declaration, bylaws, | ||||||
| 20 | or rule may request and cast a ballot in person at the
election
| ||||||
| 21 | meeting, and thereby void any ballot previously submitted by | ||||||
| 22 | that unit owner; | ||||||
| 23 | (B-5) that if a rule adopted at least 120 days before a | ||||||
| 24 | board election or the declaration or bylaws provide for | ||||||
| 25 | balloting as set forth in this subparagraph, unit owners may | ||||||
| 26 | not vote by proxy in board elections, but may vote only (i) by | ||||||
| |||||||
| |||||||
| 1 | submitting an association-issued ballot in person at the | ||||||
| 2 | election meeting; or (ii) by any acceptable technological means | ||||||
| 3 | as defined in Section 2 of this Act; instructions regarding the | ||||||
| 4 | use of electronic means for voting shall be distributed to all | ||||||
| 5 | unit owners not less than 10 and not more than 30 days before | ||||||
| 6 | the election meeting, and the board shall give unit owners not | ||||||
| 7 | less than 21 days' prior written notice of the deadline for | ||||||
| 8 | inclusion of a candidate's name on the ballots; the deadline | ||||||
| 9 | shall be no more than 7 days before the instructions for voting | ||||||
| 10 | using electronic or acceptable technological means is | ||||||
| 11 | distributed to unit owners; every instruction notice must | ||||||
| 12 | include the names of all candidates who have given the board or | ||||||
| 13 | its authorized agent timely written notice of their candidacy | ||||||
| 14 | and must give the person voting through electronic or | ||||||
| 15 | acceptable technological means the opportunity to cast votes | ||||||
| 16 | for candidates whose names do not appear on the ballot; a unit | ||||||
| 17 | owner who submits a vote using electronic or acceptable | ||||||
| 18 | technological means may request and cast a ballot in person at | ||||||
| 19 | the election meeting, thereby voiding any vote previously | ||||||
| 20 | submitted by that unit owner;
| ||||||
| 21 | (C) that if a written petition by unit owners with at least | ||||||
| 22 | 20% of the
votes of
the association is delivered to the board | ||||||
| 23 | within 14 days after the board's
approval
of a rule adopted | ||||||
| 24 | pursuant to subparagraph (B) or subparagraph (B-5) of this | ||||||
| 25 | paragraph (9), the board
shall call a meeting of the unit | ||||||
| 26 | owners within 30 days after the date of
delivery of
the | ||||||
| |||||||
| |||||||
| 1 | petition; that unless a majority of the total votes of the unit | ||||||
| 2 | owners are
cast
at the
meeting to reject the rule, the rule is | ||||||
| 3 | ratified;
| ||||||
| 4 | (D) that votes cast by ballot under subparagraph (B) or | ||||||
| 5 | electronic or acceptable technological means under | ||||||
| 6 | subparagraph (B-5) of this paragraph (9) are valid for the | ||||||
| 7 | purpose of establishing a quorum;
| ||||||
| 8 | (10) that the association may, upon adoption of the | ||||||
| 9 | appropriate rules by
the board of managers, conduct elections | ||||||
| 10 | by secret ballot whereby the voting
ballot is marked only with | ||||||
| 11 | the percentage interest for the unit and the vote
itself, | ||||||
| 12 | provided that the board further adopt rules to verify the | ||||||
| 13 | status of the
unit owner issuing a proxy or casting a ballot; | ||||||
| 14 | and further, that a candidate
for election to the board of | ||||||
| 15 | managers or such
candidate's representative shall have the | ||||||
| 16 | right to be present at the
counting of ballots at such | ||||||
| 17 | election;
| ||||||
| 18 | (11) that in the event of a resale of a condominium unit | ||||||
| 19 | the purchaser
of a unit from a seller other than the developer | ||||||
| 20 | pursuant to an installment
contract for purchase shall during | ||||||
| 21 | such times as he or she resides in the
unit be counted toward a | ||||||
| 22 | quorum for purposes of election of members of the
board of | ||||||
| 23 | managers at any meeting of the unit owners called for purposes | ||||||
| 24 | of
electing members of the board, shall have the right to vote | ||||||
| 25 | for the
election of members of the board of managers and to be | ||||||
| 26 | elected to and serve
on the board of managers unless the seller | ||||||
| |||||||
| |||||||
| 1 | expressly retains in writing any
or all of such rights. In no | ||||||
| 2 | event may the seller and purchaser both be
counted toward a | ||||||
| 3 | quorum, be permitted to vote for a particular office or be
| ||||||
| 4 | elected and serve on the board. Satisfactory evidence of the | ||||||
| 5 | installment contract
contact shall be made available to the | ||||||
| 6 | association or its agents. For
purposes of this subsection, | ||||||
| 7 | "installment contract" contact" shall have the same
meaning as | ||||||
| 8 | set forth in Section 1 (e) of the Dwelling Unit Installment | ||||||
| 9 | Contract Act "An Act relating to installment
contracts to sell | ||||||
| 10 | dwelling structures", approved August 11, 1967, as amended;
| ||||||
| 11 | (12) the method by which matters subject to the approval of | ||||||
| 12 | unit owners
set forth in this Act, or in the condominium | ||||||
| 13 | instruments, will be
submitted to the unit owners at special | ||||||
| 14 | membership meetings called for such
purposes; and
| ||||||
| 15 | (13) that matters subject to the affirmative vote of not | ||||||
| 16 | less than 2/3
of the votes of unit owners at a meeting duly | ||||||
| 17 | called for that purpose,
shall include, but not be limited to:
| ||||||
| 18 | (i) merger or consolidation of the association;
| ||||||
| 19 | (ii) sale, lease, exchange, or other disposition | ||||||
| 20 | (excluding the mortgage
or pledge) of all, or substantially | ||||||
| 21 | all of the property and assets of the
association; and
| ||||||
| 22 | (iii) the purchase or sale of land or of units on | ||||||
| 23 | behalf of all unit owners.
| ||||||
| 24 | (c) Election of a president from among the board of | ||||||
| 25 | managers, who shall
preside over the meetings of the board of | ||||||
| 26 | managers and of the unit owners.
| ||||||
| |||||||
| |||||||
| 1 | (d) Election of a secretary from among the board of | ||||||
| 2 | managers, who shall
keep the minutes of all meetings
of the | ||||||
| 3 | board of managers and of the unit owners and who shall, in | ||||||
| 4 | general,
perform all the duties incident to the office of | ||||||
| 5 | secretary.
| ||||||
| 6 | (e) Election of a treasurer from among the board of | ||||||
| 7 | managers, who shall
keep the financial records and
books of | ||||||
| 8 | account.
| ||||||
| 9 | (f) Maintenance, repair and replacement of the common | ||||||
| 10 | elements and
payments therefor, including the method of | ||||||
| 11 | approving payment vouchers.
| ||||||
| 12 | (g) An association with 30 or more units shall obtain and | ||||||
| 13 | maintain
fidelity insurance covering persons who control or | ||||||
| 14 | disburse funds of the
association for the maximum amount of | ||||||
| 15 | coverage available to protect funds
in the custody or control | ||||||
| 16 | of the association plus the association reserve
fund. All | ||||||
| 17 | management companies which are responsible for the funds held | ||||||
| 18 | or
administered by the association shall maintain and furnish | ||||||
| 19 | to the
association a fidelity bond for the maximum amount of | ||||||
| 20 | coverage available to
protect funds in the custody of the | ||||||
| 21 | management company at any time. The
association shall bear the | ||||||
| 22 | cost of the fidelity insurance and fidelity
bond, unless | ||||||
| 23 | otherwise provided by contract between the association and a
| ||||||
| 24 | management company. The association shall be the direct obligee | ||||||
| 25 | of any
such fidelity bond. A management company holding reserve | ||||||
| 26 | funds of an
association shall at all times maintain a separate | ||||||
| |||||||
| |||||||
| 1 | account for each
association, provided, however, that for | ||||||
| 2 | investment purposes, the Board of
Managers of an association | ||||||
| 3 | may authorize a management company to maintain
the | ||||||
| 4 | association's reserve funds in a single interest bearing | ||||||
| 5 | account with
similar funds of other associations. The | ||||||
| 6 | management company shall at all
times maintain records | ||||||
| 7 | identifying all moneys of each association in such
investment | ||||||
| 8 | account. The management company may hold all operating funds of
| ||||||
| 9 | associations which it manages in a single operating account but | ||||||
| 10 | shall at
all times maintain records identifying all moneys of | ||||||
| 11 | each association in
such operating account. Such operating and | ||||||
| 12 | reserve funds held by the
management company for the | ||||||
| 13 | association shall not be subject to attachment
by any creditor | ||||||
| 14 | of the management company.
| ||||||
| 15 | For the purpose of this subsection, a management company | ||||||
| 16 | shall be
defined as a person, partnership, corporation, or | ||||||
| 17 | other legal entity
entitled to transact business on behalf of | ||||||
| 18 | others, acting on behalf of or
as an agent for a unit owner, | ||||||
| 19 | unit owners or association of unit owners for
the purpose of | ||||||
| 20 | carrying out the duties, responsibilities, and other
| ||||||
| 21 | obligations necessary for the day to day operation and | ||||||
| 22 | management of any
property subject to this Act. For purposes of | ||||||
| 23 | this subsection, the term
"fiduciary insurance coverage" shall | ||||||
| 24 | be defined as both a fidelity bond and
directors and officers | ||||||
| 25 | liability coverage, the fidelity bond in the full
amount of | ||||||
| 26 | association funds and association reserves that will be in the
| ||||||
| |||||||
| |||||||
| 1 | custody of the association, and the directors and officers | ||||||
| 2 | liability
coverage at a level as shall be determined to be | ||||||
| 3 | reasonable by the board of
managers, if not otherwise | ||||||
| 4 | established by the declaration or by laws.
| ||||||
| 5 | Until one year after September 21, 1985 (the effective date | ||||||
| 6 | of Public Act 84-722) this amendatory Act of 1985,
if a | ||||||
| 7 | condominium association has reserves plus assessments in | ||||||
| 8 | excess of
$250,000 and cannot reasonably obtain 100% fidelity | ||||||
| 9 | bond coverage for such
amount, then it must obtain a fidelity | ||||||
| 10 | bond coverage of $250,000.
| ||||||
| 11 | (h) Method of estimating the amount of the annual budget, | ||||||
| 12 | and the manner
of assessing and collecting from the unit owners | ||||||
| 13 | their respective shares of
such estimated expenses, and of any | ||||||
| 14 | other expenses lawfully agreed upon.
| ||||||
| 15 | (i) That upon 10 days notice to the manager or board of | ||||||
| 16 | managers and
payment of a reasonable fee, any unit owner shall | ||||||
| 17 | be furnished a statement
of his account setting forth the | ||||||
| 18 | amount of any unpaid assessments or other
charges due and owing | ||||||
| 19 | from such owner.
| ||||||
| 20 | (j) Designation and removal of personnel necessary for the | ||||||
| 21 | maintenance,
repair and replacement of the common elements.
| ||||||
| 22 | (k) Such restrictions on and requirements respecting the | ||||||
| 23 | use and
maintenance of the units and the use of the common | ||||||
| 24 | elements, not set forth
in the declaration, as are designed to | ||||||
| 25 | prevent unreasonable interference
with the use of their | ||||||
| 26 | respective units and of the common elements by the
several unit | ||||||
| |||||||
| |||||||
| 1 | owners.
| ||||||
| 2 | (l) Method of adopting and of amending administrative rules | ||||||
| 3 | and
regulations governing the operation and use of the common | ||||||
| 4 | elements.
| ||||||
| 5 | (m) The percentage of votes required to modify or amend the | ||||||
| 6 | bylaws, but
each one of the particulars set forth in this | ||||||
| 7 | section shall always be
embodied in the bylaws.
| ||||||
| 8 | (n)(i) The provisions of this Act, the declaration, bylaws, | ||||||
| 9 | other
condominium instruments, and rules and regulations that | ||||||
| 10 | relate to the use
of the individual unit or the common elements | ||||||
| 11 | shall be applicable to
any person leasing a unit and shall be | ||||||
| 12 | deemed to be incorporated in any
lease executed or renewed on | ||||||
| 13 | or after August 30, 1984 (the effective date of Public Act | ||||||
| 14 | 83-1271) this amendatory
Act of 1984. | ||||||
| 15 | (ii) With regard to any lease entered into subsequent to | ||||||
| 16 | July 1, 1990 (the
effective date of Public Act 86-991) this | ||||||
| 17 | amendatory Act of 1989, the unit owner leasing the
unit shall | ||||||
| 18 | deliver a copy of the signed lease to the board or if the
lease | ||||||
| 19 | is oral, a memorandum of the lease, not later than the date of
| ||||||
| 20 | occupancy or 10 days after the lease is signed, whichever | ||||||
| 21 | occurs first. In
addition to any other remedies, by filing an | ||||||
| 22 | action jointly against the
tenant and the unit owner, an | ||||||
| 23 | association may seek to enjoin a tenant from
occupying a unit | ||||||
| 24 | or seek to evict a tenant under the provisions of Article
IX of | ||||||
| 25 | the Code of Civil Procedure for failure of the lessor-owner to
| ||||||
| 26 | comply with the leasing requirements prescribed by
this Section | ||||||
| |||||||
| |||||||
| 1 | or by the declaration, bylaws, and
rules and regulations. The | ||||||
| 2 | board of managers may proceed directly against a
tenant, at law | ||||||
| 3 | or in equity, or under the provisions of Article IX of the
Code | ||||||
| 4 | of Civil Procedure, for any other breach by tenant of any
| ||||||
| 5 | covenants, rules, regulations or bylaws.
| ||||||
| 6 | (o) The association shall have no authority to forbear the | ||||||
| 7 | payment
of assessments by any unit owner.
| ||||||
| 8 | (p) That when 30% or fewer of the units, by number,
possess | ||||||
| 9 | over 50% in the aggregate of the votes in the association,
any | ||||||
| 10 | percentage vote of members specified herein or in the | ||||||
| 11 | condominium
instruments shall require the specified percentage | ||||||
| 12 | by number of units
rather than by percentage of interest in the | ||||||
| 13 | common elements allocated
to units that would otherwise be | ||||||
| 14 | applicable and garage units or storage units, or both, shall | ||||||
| 15 | have, in total, no more votes than their aggregate percentage | ||||||
| 16 | of ownership in the common elements; this shall mean that if | ||||||
| 17 | garage units or storage units, or both, are to be given a vote, | ||||||
| 18 | or portion of a vote, that the association must add the total | ||||||
| 19 | number of votes cast of garage units, storage units, or both, | ||||||
| 20 | and divide the total by the number of garage units, storage | ||||||
| 21 | units, or both, and multiply by the aggregate percentage of | ||||||
| 22 | ownership of garage units and storage units to determine the | ||||||
| 23 | vote, or portion of a vote, that garage units or storage units, | ||||||
| 24 | or both, have. For purposes of this subsection (p), when making | ||||||
| 25 | a determination of whether 30% or fewer of the units, by | ||||||
| 26 | number, possess over 50% in the aggregate of the votes in the | ||||||
| |||||||
| |||||||
| 1 | association, a unit shall not include a garage unit or a | ||||||
| 2 | storage unit.
| ||||||
| 3 | (q) That a unit owner may not assign, delegate, transfer, | ||||||
| 4 | surrender, or
avoid the duties, responsibilities, and | ||||||
| 5 | liabilities of a unit owner under this
Act, the condominium | ||||||
| 6 | instruments, or the rules and regulations of the
Association; | ||||||
| 7 | and that such an attempted assignment, delegation, transfer,
| ||||||
| 8 | surrender, or avoidance shall be deemed void.
| ||||||
| 9 | The provisions of this Section are applicable to all | ||||||
| 10 | condominium
instruments recorded under this Act. Any portion of | ||||||
| 11 | a condominium
instrument which contains provisions contrary to | ||||||
| 12 | these provisions shall be
void as against public policy and | ||||||
| 13 | ineffective. Any such instrument which
fails to contain the | ||||||
| 14 | provisions required by this Section shall be deemed to
| ||||||
| 15 | incorporate such provisions by operation of law.
| ||||||
| 16 | (Source: P.A. 98-1042, eff. 1-1-15; 99-472, eff. 6-1-16; | ||||||
| 17 | revised 10-19-15.)
| ||||||
| 18 | Section 610. The Illinois Human Rights Act is amended by | ||||||
| 19 | changing Sections 2-104, 3-102, 3-105, 8-101, and 9-102 as | ||||||
| 20 | follows:
| ||||||
| 21 | (775 ILCS 5/2-104) (from Ch. 68, par. 2-104)
| ||||||
| 22 | Sec. 2-104. Exemptions.
| ||||||
| 23 | (A) Nothing contained in this Act shall prohibit an | ||||||
| 24 | employer, employment
agency, or labor organization from:
| ||||||
| |||||||
| |||||||
| 1 | (1) Bona Fide Qualification. Hiring or selecting | ||||||
| 2 | between persons
for bona fide occupational qualifications | ||||||
| 3 | or any reason except those
civil-rights violations | ||||||
| 4 | specifically identified in this Article.
| ||||||
| 5 | (2) Veterans. Giving preferential treatment to | ||||||
| 6 | veterans and their
relatives as required by the laws or | ||||||
| 7 | regulations of the United States or
this State or a unit of | ||||||
| 8 | local government, or pursuant to a private employer's | ||||||
| 9 | voluntary veterans' preference employment policy | ||||||
| 10 | authorized by the Veterans Preference in Private | ||||||
| 11 | Employment Act.
| ||||||
| 12 | (3) Unfavorable Discharge From Military Service. | ||||||
| 13 | (a) Using unfavorable
discharge from military | ||||||
| 14 | service as a valid employment criterion when
| ||||||
| 15 | authorized by federal law or regulation or when a | ||||||
| 16 | position of employment
involves the exercise of | ||||||
| 17 | fiduciary responsibilities as defined by rules
and | ||||||
| 18 | regulations which the Department shall adopt; or | ||||||
| 19 | (b) Participating in a bona fide recruiting | ||||||
| 20 | incentive program, sponsored by a branch of the United | ||||||
| 21 | States Armed Forces, a reserve component of the United | ||||||
| 22 | States Armed Forces, or any National Guard or Naval | ||||||
| 23 | Militia, where participation in the program is limited | ||||||
| 24 | by the sponsoring branch based upon the service | ||||||
| 25 | member's discharge status.
| ||||||
| 26 | (4) Ability Tests. Giving or acting upon the results of | ||||||
| |||||||
| |||||||
| 1 | any
professionally developed ability test provided that | ||||||
| 2 | such test, its
administration, or action upon the results, | ||||||
| 3 | is not used as a subterfuge
for or does not have the effect | ||||||
| 4 | of unlawful discrimination.
| ||||||
| 5 | (5) Merit and Retirement Systems.
| ||||||
| 6 | (a) Applying different standards of compensation, | ||||||
| 7 | or different
terms, conditions or privileges of | ||||||
| 8 | employment pursuant to a merit or
retirement system | ||||||
| 9 | provided that such system or its administration is not
| ||||||
| 10 | used as a subterfuge for or does not have the effect of | ||||||
| 11 | unlawful
discrimination.
| ||||||
| 12 | (b) Effecting compulsory retirement of any | ||||||
| 13 | employee who has
attained 65 years of age and who, for | ||||||
| 14 | the 2-year period immediately
preceding retirement, is | ||||||
| 15 | employed in a bona fide executive or a high
| ||||||
| 16 | policymaking position, if such employee is entitled to | ||||||
| 17 | an immediate
nonforfeitable annual retirement benefit | ||||||
| 18 | from a pension, profit-sharing,
savings, or deferred | ||||||
| 19 | compensation plan, or any combination of such plans of
| ||||||
| 20 | the employer of such employee, which equals, in the | ||||||
| 21 | aggregate, at least
$44,000. If any such retirement | ||||||
| 22 | benefit is in a form other than a straight
life annuity | ||||||
| 23 | (with no ancillary benefits) or if the employees | ||||||
| 24 | contribute to
any such plan or make rollover | ||||||
| 25 | contributions, the retirement benefit shall
be | ||||||
| 26 | adjusted in accordance with regulations prescribed by | ||||||
| |||||||
| |||||||
| 1 | the Department, so
that the benefit is the equivalent | ||||||
| 2 | of a straight life annuity (with no
ancillary benefits) | ||||||
| 3 | under a plan to which employees do not contribute and
| ||||||
| 4 | under which no rollover contributions are made.
| ||||||
| 5 | (c) Until January 1, 1994, effecting compulsory | ||||||
| 6 | retirement of any
employee who has attained 70 years of | ||||||
| 7 | age, and who is serving under a
contract of unlimited | ||||||
| 8 | tenure (or similar arrangement providing for
unlimited | ||||||
| 9 | tenure) at an institution of higher education as | ||||||
| 10 | defined by
Section 1201(a) of the Higher Education Act | ||||||
| 11 | of 1965.
| ||||||
| 12 | (6) Training and Apprenticeship programs. Establishing | ||||||
| 13 | an educational
requirement as a prerequisite to selection | ||||||
| 14 | for a training or apprenticeship
program, provided such | ||||||
| 15 | requirement does not operate to discriminate on the
basis | ||||||
| 16 | of any prohibited classification except age.
| ||||||
| 17 | (7) Police and Firefighter/Paramedic Retirement. | ||||||
| 18 | Imposing a mandatory
retirement age for | ||||||
| 19 | firefighters/paramedics or law enforcement officers
and
| ||||||
| 20 | discharging or retiring such individuals pursuant to the | ||||||
| 21 | mandatory retirement
age if such action is taken pursuant | ||||||
| 22 | to a bona fide retirement plan provided
that the law | ||||||
| 23 | enforcement officer or firefighter/paramedic
has attained:
| ||||||
| 24 | (a) the age of retirement in effect under | ||||||
| 25 | applicable State or local
law
on
March 3, 1983; or
| ||||||
| 26 | (b) if the applicable State or local law was | ||||||
| |||||||
| |||||||
| 1 | enacted
after the date of enactment of the federal Age | ||||||
| 2 | Discrimination in Employment
Act
Amendments of 1996 | ||||||
| 3 | (P.L. 104-208),
the age of retirement in effect on the | ||||||
| 4 | date of such discharge
under
such law.
| ||||||
| 5 | This paragraph (7) shall not apply with respect to
any | ||||||
| 6 | cause of action arising under the Illinois Human Rights Act | ||||||
| 7 | as in
effect prior to the effective date of this amendatory | ||||||
| 8 | Act of 1997.
| ||||||
| 9 | (8) Police and Firefighter/Paramedic Appointment. | ||||||
| 10 | Failing or
refusing to hire any individual because of such
| ||||||
| 11 | individual's age if such action is taken with respect to | ||||||
| 12 | the employment of
an individual as a firefighter/paramedic | ||||||
| 13 | or as a law enforcement officer
and the individual has | ||||||
| 14 | attained:
| ||||||
| 15 | (a) the age of hiring or appointment in effect
| ||||||
| 16 | under applicable State or local law on March 3,
1983; | ||||||
| 17 | or
| ||||||
| 18 | (b) the age of hiring in effect on the date of such | ||||||
| 19 | failure or refusal
to
hire under applicable State or | ||||||
| 20 | local law enacted after the date of
enactment of the | ||||||
| 21 | federal Age Discrimination in Employment Act | ||||||
| 22 | Amendments of
1996 (P.L. 104-208).
| ||||||
| 23 | As used in paragraph (7) or (8):
| ||||||
| 24 | "Firefighter/paramedic" means an employee, the duties | ||||||
| 25 | of whose
position are primarily to perform work directly | ||||||
| 26 | connected with the control
and extinguishment of fires or | ||||||
| |||||||
| |||||||
| 1 | the maintenance and use of firefighting
apparatus and | ||||||
| 2 | equipment, or to provide emergency medical services,
| ||||||
| 3 | including an employee engaged in this activity who is | ||||||
| 4 | transferred to a
supervisory or administrative position.
| ||||||
| 5 | "Law enforcement officer" means an employee, the | ||||||
| 6 | duties of whose
position are primarily the investigation, | ||||||
| 7 | apprehension, or detention of
individuals suspected or | ||||||
| 8 | convicted of criminal offenses, including an
employee | ||||||
| 9 | engaged in this activity who is transferred to a | ||||||
| 10 | supervisory or
administrative position.
| ||||||
| 11 | (9) Citizenship Status. Making legitimate distinctions | ||||||
| 12 | based on
citizenship status if specifically authorized or | ||||||
| 13 | required by State or federal
law.
| ||||||
| 14 | (B) With respect to any employee who is subject to a | ||||||
| 15 | collective
bargaining agreement:
| ||||||
| 16 | (a) which is in effect on June 30, 1986,
| ||||||
| 17 | (b) which terminates after January 1, 1987,
| ||||||
| 18 | (c) any provision of which was entered into by a labor | ||||||
| 19 | organization as
defined by Section 6(d)(4) of the Fair | ||||||
| 20 | Labor Standards Act of 1938 (29
U.S.C. 206(d)(4)), and
| ||||||
| 21 | (d) which contains any provision that would be | ||||||
| 22 | superseded by this
amendatory Act of 1987 (Public Act | ||||||
| 23 | 85-748),
| ||||||
| 24 | Public Act 85-748 such amendatory Act of 1987 shall not apply | ||||||
| 25 | until the termination of such
collective bargaining agreement | ||||||
| 26 | or January 1, 1990, whichever occurs first.
| ||||||
| |||||||
| |||||||
| 1 | (C)(1) For purposes of this Act, the term "disability" | ||||||
| 2 | shall not include
any employee or applicant who is currently | ||||||
| 3 | engaging in the illegal use of
drugs, when an employer acts on | ||||||
| 4 | the basis of such use.
| ||||||
| 5 | (2) Paragraph (1) shall not apply where an employee or | ||||||
| 6 | applicant for
employment:
| ||||||
| 7 | (a) has successfully completed a supervised drug | ||||||
| 8 | rehabilitation program
and is no longer engaging in the | ||||||
| 9 | illegal use of drugs, or has otherwise been
rehabilitated | ||||||
| 10 | successfully and is no longer engaging in such use;
| ||||||
| 11 | (b) is participating in a supervised rehabilitation | ||||||
| 12 | program and is no
longer engaging in such use; or
| ||||||
| 13 | (c) is erroneously regarded as engaging in such use, | ||||||
| 14 | but is not engaging
in such use.
| ||||||
| 15 | It shall not be a violation of this Act for an employer to | ||||||
| 16 | adopt or
administer reasonable policies or procedures, | ||||||
| 17 | including but not limited to drug
testing, designed to ensure | ||||||
| 18 | that an individual described in subparagraph (a) or
(b) is no | ||||||
| 19 | longer engaging in the illegal use of drugs.
| ||||||
| 20 | (3) An employer:
| ||||||
| 21 | (a) may prohibit the illegal use of drugs and the use | ||||||
| 22 | of alcohol at the
workplace by all employees;
| ||||||
| 23 | (b) may require that employees shall not be under the | ||||||
| 24 | influence of alcohol
or be engaging in the illegal use of | ||||||
| 25 | drugs at the workplace;
| ||||||
| 26 | (c) may require that employees behave in conformance | ||||||
| |||||||
| |||||||
| 1 | with the requirements
established under the federal | ||||||
| 2 | Drug-Free Workplace Act of 1988 (41 U.S.C. 701 et
seq.) and | ||||||
| 3 | the Drug Free Workplace Act;
| ||||||
| 4 | (d) may hold an employee who engages in the illegal use | ||||||
| 5 | of drugs or who is
an alcoholic to the same qualification | ||||||
| 6 | standards for employment or job
performance and behavior | ||||||
| 7 | that such employer holds other employees, even if any
| ||||||
| 8 | unsatisfactory performance or behavior is related to the | ||||||
| 9 | drug use or alcoholism
of such employee; and
| ||||||
| 10 | (e) may, with respect to federal regulations regarding | ||||||
| 11 | alcohol and the
illegal use of drugs, require that:
| ||||||
| 12 | (i) employees comply with the standards | ||||||
| 13 | established in such regulations
of the United States | ||||||
| 14 | Department of Defense, if the employees of the employer
| ||||||
| 15 | are employed in an industry subject to such | ||||||
| 16 | regulations, including complying
with regulations (if | ||||||
| 17 | any) that apply to employment in sensitive positions in
| ||||||
| 18 | such an industry, in the case of employees of the | ||||||
| 19 | employer who are employed in
such positions (as defined | ||||||
| 20 | in the regulations of the Department of Defense);
| ||||||
| 21 | (ii) employees comply with the standards | ||||||
| 22 | established in such regulations
of the Nuclear | ||||||
| 23 | Regulatory Commission, if the employees of the | ||||||
| 24 | employer are
employed in an industry subject to such | ||||||
| 25 | regulations, including complying with
regulations (if | ||||||
| 26 | any) that apply to employment in sensitive positions in | ||||||
| |||||||
| |||||||
| 1 | such an
industry, in the case of employees of the | ||||||
| 2 | employer who are employed in such
positions (as defined | ||||||
| 3 | in the regulations of the Nuclear Regulatory | ||||||
| 4 | Commission);
and
| ||||||
| 5 | (iii) employees comply with the standards | ||||||
| 6 | established in such
regulations of the United States | ||||||
| 7 | Department of Transportation, if the employees
of the | ||||||
| 8 | employer are employed in a transportation industry | ||||||
| 9 | subject to such
regulations, including complying with | ||||||
| 10 | such regulations (if any) that apply to
employment in | ||||||
| 11 | sensitive positions in such an industry, in the case of | ||||||
| 12 | employees
of the employer who are employed in such | ||||||
| 13 | positions (as defined in the
regulations of the United | ||||||
| 14 | States Department of Transportation).
| ||||||
| 15 | (4) For purposes of this Act, a test to determine the | ||||||
| 16 | illegal use of drugs
shall not be considered a medical | ||||||
| 17 | examination. Nothing in this Act shall be
construed to | ||||||
| 18 | encourage, prohibit, or authorize the conducting of drug | ||||||
| 19 | testing
for the illegal use of drugs by job applicants or | ||||||
| 20 | employees or making
employment decisions based on such test | ||||||
| 21 | results.
| ||||||
| 22 | (5) Nothing in this Act shall be construed to encourage, | ||||||
| 23 | prohibit, restrict,
or authorize the otherwise lawful exercise | ||||||
| 24 | by an employer subject to the
jurisdiction of the United States | ||||||
| 25 | Department of Transportation of authority to:
| ||||||
| 26 | (a) test employees of such employer in, and applicants | ||||||
| |||||||
| |||||||
| 1 | for, positions
involving safety-sensitive duties for the | ||||||
| 2 | illegal use of drugs and for
on-duty impairment by alcohol; | ||||||
| 3 | and
| ||||||
| 4 | (b) remove such persons who test positive for illegal | ||||||
| 5 | use of drugs and
on-duty impairment by alcohol pursuant to | ||||||
| 6 | subparagraph (a) from
safety-sensitive duties in | ||||||
| 7 | implementing paragraph (3).
| ||||||
| 8 | (Source: P.A. 99-152, eff. 1-1-16, 99-165, eff. 7-28-15; | ||||||
| 9 | revised 10-29-15.)
| ||||||
| 10 | (775 ILCS 5/3-102) (from Ch. 68, par. 3-102)
| ||||||
| 11 | Sec. 3-102. Civil Rights Violations; Real Estate | ||||||
| 12 | Transactions. ) It
is a civil rights violation for an owner or | ||||||
| 13 | any other person engaging in
a real estate transaction, or for | ||||||
| 14 | a real estate broker or salesman,
because of unlawful | ||||||
| 15 | discrimination or familial status, to
| ||||||
| 16 | (A) Transaction. Refuse to engage in a real estate | ||||||
| 17 | transaction with
a person or to discriminate in making | ||||||
| 18 | available such a transaction;
| ||||||
| 19 | (B) Terms. Alter the terms, conditions or privileges of | ||||||
| 20 | a real
estate transaction or in the furnishing of | ||||||
| 21 | facilities or services in
connection therewith;
| ||||||
| 22 | (C) Offer. Refuse to receive or to fail to transmit a | ||||||
| 23 | bona fide
offer to engage in a real estate transaction from | ||||||
| 24 | a person;
| ||||||
| 25 | (D) Negotiation. Refuse to negotiate for a real estate | ||||||
| |||||||
| |||||||
| 1 | transaction
with a person;
| ||||||
| 2 | (E) Representations. Represent to a person that real | ||||||
| 3 | property is
not available for inspection, sale, rental, or | ||||||
| 4 | lease when in fact it is
so available, or to fail to bring | ||||||
| 5 | a property listing to his or her
attention, or to refuse to | ||||||
| 6 | permit him or her to inspect real property;
| ||||||
| 7 | (F) Publication of Intent. Make, print, circulate, | ||||||
| 8 | post, mail, publish or cause to be made, printed, | ||||||
| 9 | circulated, posted, mailed, or published any notice, | ||||||
| 10 | statement, advertisement or sign, or use a form of | ||||||
| 11 | application for a real estate transaction, or make a record | ||||||
| 12 | or inquiry in connection with a prospective real estate | ||||||
| 13 | transaction, that indicates any preference, limitation, or | ||||||
| 14 | discrimination based on unlawful discrimination or | ||||||
| 15 | unlawful discrimination based on familial status, or an | ||||||
| 16 | intention to make any such preference, limitation, or | ||||||
| 17 | discrimination;
| ||||||
| 18 | (G) Listings. Offer, solicit, accept, use or retain a | ||||||
| 19 | listing of
real property with knowledge that unlawful | ||||||
| 20 | discrimination or
discrimination on the basis of familial | ||||||
| 21 | status in a real estate
transaction is intended.
| ||||||
| 22 | (Source: P.A. 99-196, eff. 7-30-15; revised 10-20-15.)
| ||||||
| 23 | (775 ILCS 5/3-105) (from Ch. 68, par. 3-105)
| ||||||
| 24 | Sec. 3-105. Restrictive Covenants.) | ||||||
| 25 | (A) Agreements. Every provision in an oral agreement or a | ||||||
| |||||||
| |||||||
| 1 | written instrument
relating to real property which purports to | ||||||
| 2 | forbid or restrict the conveyance,
encumbrance, occupancy, or | ||||||
| 3 | lease thereof on the basis of race, color, religion,
or | ||||||
| 4 | national origin is void.
| ||||||
| 5 | (B) Limitations. (1) Every condition, restriction or | ||||||
| 6 | prohibition, including
a right of entry or possibility of | ||||||
| 7 | reverter, which directly or indirectly
limits the use or | ||||||
| 8 | occupancy of real property on the basis of race, color,
| ||||||
| 9 | religion, or national origin is void.
| ||||||
| 10 | (2) This Section shall not apply to a limitation of use on | ||||||
| 11 | the basis of
religion of real property held by a religious | ||||||
| 12 | institution or organization
or by a religious or charitable | ||||||
| 13 | organization operated, supervised, or controlled
by a | ||||||
| 14 | religious institution or organization, and used for religious | ||||||
| 15 | or charitable
purposes.
| ||||||
| 16 | (C) Civil Rights Violations. It is a civil rights violation | ||||||
| 17 | to insert
in a written instrument relating to real property a | ||||||
| 18 | provision that is void
under this Section or to honor or | ||||||
| 19 | attempt to honor such a provision in the
chain of title.
| ||||||
| 20 | (Source: P.A. 81-1216; revised 10-21-15.)
| ||||||
| 21 | (775 ILCS 5/8-101) (from Ch. 68, par. 8-101)
| ||||||
| 22 | Sec. 8-101. Illinois Human Rights Commission. )
| ||||||
| 23 | (A) Creation; appointments. The Human Rights Commission is | ||||||
| 24 | created to consist
of 13 members appointed by the Governor with | ||||||
| 25 | the advice and consent of the
Senate. No more than 7 members | ||||||
| |||||||
| |||||||
| 1 | shall be of the same political party. The
Governor shall | ||||||
| 2 | designate one member as chairperson. All appointments shall
be | ||||||
| 3 | in writing and filed with the Secretary of State as a public | ||||||
| 4 | record.
| ||||||
| 5 | (B) Terms. Of the members first appointed, 4 shall be | ||||||
| 6 | appointed for a
term to expire on the third Monday of January, | ||||||
| 7 | 1981, and 5 (including the
Chairperson) shall be appointed for | ||||||
| 8 | a term to expire on the third Monday
of January, 1983.
| ||||||
| 9 | Notwithstanding any provision of this Section to the | ||||||
| 10 | contrary, the term
of office of each member of the Illinois | ||||||
| 11 | Human Rights Commission is
abolished on July 29, 1985, but the
| ||||||
| 12 | incumbent members shall continue to exercise all of the powers | ||||||
| 13 | and be
subject to all of the duties of members of the | ||||||
| 14 | Commission until
their respective successors are appointed and | ||||||
| 15 | qualified. Subject to the
provisions of subsection (A), of the | ||||||
| 16 | 9 members appointed under Public Act
84-115, effective July 29, | ||||||
| 17 | 1985, 5 members shall be appointed for terms to
expire on the | ||||||
| 18 | third Monday of January, 1987, and 4 members shall be
appointed | ||||||
| 19 | for terms to expire on the third Monday of January, 1989; and
| ||||||
| 20 | of the 4 additional members appointed under Public Act 84-1084,
| ||||||
| 21 | effective December 2, 1985, two shall be
appointed for a term | ||||||
| 22 | to expire on the third Monday of January, 1987, and
two members | ||||||
| 23 | shall be appointed for a term to expire on the third Monday
of | ||||||
| 24 | January, 1989.
| ||||||
| 25 | Thereafter, each member shall serve for a term of 4 years
| ||||||
| 26 | and until his or her successor is appointed and qualified; | ||||||
| |||||||
| |||||||
| 1 | except that any
member chosen to fill a vacancy occurring | ||||||
| 2 | otherwise than by expiration of
a term shall be appointed only | ||||||
| 3 | for the unexpired term of the member whom
he or she shall | ||||||
| 4 | succeed and until his or her successor is appointed and
| ||||||
| 5 | qualified.
| ||||||
| 6 | (C) Vacancies. | ||||||
| 7 | (1) In the case of vacancies on the Commission during
a | ||||||
| 8 | recess of the Senate, the Governor shall make a temporary | ||||||
| 9 | appointment
until the next meeting of the Senate when he or | ||||||
| 10 | she shall appoint a person
to fill the vacancy. Any person | ||||||
| 11 | so nominated and confirmed by the Senate
shall hold office | ||||||
| 12 | for the remainder of the term and until his or her | ||||||
| 13 | successor
is appointed and qualified.
| ||||||
| 14 | (2) If the Senate is not in session at the time this | ||||||
| 15 | Act takes effect,
the Governor shall make temporary | ||||||
| 16 | appointments to the Commission as in the
case of vacancies.
| ||||||
| 17 | (3) Vacancies in the Commission shall not impair the | ||||||
| 18 | right of the remaining
members to exercise all the powers | ||||||
| 19 | of the Commission. Except when authorized
by this Act to | ||||||
| 20 | proceed through a 3 member panel, a majority of the members
| ||||||
| 21 | of the Commission then in office shall constitute a quorum.
| ||||||
| 22 | (D) Compensation. The Chairperson of the Commission shall | ||||||
| 23 | be compensated
at the rate of $22,500 per year, or as set by | ||||||
| 24 | the Compensation Review
Board, whichever is greater, during his | ||||||
| 25 | or her service as Chairperson,
and each other member shall be | ||||||
| 26 | compensated at the rate of $20,000 per
year, or as set by the | ||||||
| |||||||
| |||||||
| 1 | Compensation Review Board, whichever is greater.
In addition, | ||||||
| 2 | all members of the Commission shall be reimbursed for expenses
| ||||||
| 3 | actually and necessarily incurred by them
in the performance of | ||||||
| 4 | their duties.
| ||||||
| 5 | (Source: P.A. 84-1308; revised 10-20-15.)
| ||||||
| 6 | (775 ILCS 5/9-102) (from Ch. 68, par. 9-102)
| ||||||
| 7 | Sec. 9-102. Pending Matters. ) | ||||||
| 8 | (A) Charges; Complaints; Causes of Action. This Act shall
| ||||||
| 9 | not affect or abate any cause of action, charge, complaint or | ||||||
| 10 | other
matter pending before or accrued under the jurisdiction | ||||||
| 11 | of
the Fair Employment Practices Commission or the Department | ||||||
| 12 | of Equal
Employment Opportunity. Each charge, complaint, or | ||||||
| 13 | matter shall be
assumed by the Department or Commission, as | ||||||
| 14 | provided in this Act, at the
same stage, or a parallel stage, | ||||||
| 15 | of proceeding to which it had
progressed prior to the effective | ||||||
| 16 | date of this Act.
| ||||||
| 17 | (B) Special Cases. The Human Rights Act shall not in any | ||||||
| 18 | way affect or
abate any right,
claim or cause of action under | ||||||
| 19 | the "Equal Opportunities for the Handicapped
Act", approved | ||||||
| 20 | August 23, 1971, as amended, which accrued or arose prior
to | ||||||
| 21 | July 1, 1980.
| ||||||
| 22 | (Source: P.A. 84-1084; revised 10-19-15.)
| ||||||
| 23 | Section 615. The General Not For Profit Corporation Act of | ||||||
| 24 | 1986 is amended by changing Section 113.50 as follows:
| ||||||
| |||||||
| |||||||
| 1 | (805 ILCS 105/113.50) (from Ch. 32, par. 113.50)
| ||||||
| 2 | Sec. 113.50. Grounds for revocation of
authority. | ||||||
| 3 | (a) The authority of a foreign
corporation to conduct | ||||||
| 4 | affairs in this State may be revoked
by the Secretary of State:
| ||||||
| 5 | (1) Upon the failure of an officer or director to whom
| ||||||
| 6 | interrogatories have been propounded by the Secretary of
| ||||||
| 7 | State, as provided in this Act, to answer the same fully | ||||||
| 8 | and
to file such answer in the office of the Secretary of | ||||||
| 9 | State;
| ||||||
| 10 | (2) If the authority of the corporation was
procured | ||||||
| 11 | through fraud practiced upon the State;
| ||||||
| 12 | (3) If the corporation has continued to exceed or abuse | ||||||
| 13 | the
authority conferred upon it by this Act;
| ||||||
| 14 | (4) Upon the failure of the corporation to keep on file | ||||||
| 15 | in
the office of the Secretary of State duly authenticated
| ||||||
| 16 | copies of each amendment to its articles of or | ||||||
| 17 | incorporation;
| ||||||
| 18 | (5) Upon the failure of the corporation to appoint and
| ||||||
| 19 | maintain a registered agent in this State;
| ||||||
| 20 | (6) Upon the failure of the corporation to file any | ||||||
| 21 | report
after the period prescribed by this Act for the | ||||||
| 22 | filing of
such report;
| ||||||
| 23 | (7) Upon the failure of the corporation to pay any fees | ||||||
| 24 | or
charges prescribed by this Act;
| ||||||
| 25 | (8) For misrepresentation of any material matter in any
| ||||||
| |||||||
| |||||||
| 1 | application, report, affidavit, or other document filed by
| ||||||
| 2 | such corporation pursuant to this Act;
| ||||||
| 3 | (9) Upon the failure of the corporation to renew its
| ||||||
| 4 | assumed name or to apply to change its assumed name | ||||||
| 5 | pursuant
to the provisions of this Act, when the | ||||||
| 6 | corporation can only
conduct affairs within this State | ||||||
| 7 | under its assumed name in
accordance with the provisions of | ||||||
| 8 | Section 104.05 of this
Act;
| ||||||
| 9 | (10) Upon notification from the local liquor | ||||||
| 10 | commissioner,
pursuant to Section 4-4(3) of the "The Liquor | ||||||
| 11 | Control Act of
1934," as now or hereafter amended, that a | ||||||
| 12 | foreign
corporation functioning as a club in this State has | ||||||
| 13 | violated
that Act by selling or offering for sale at retail | ||||||
| 14 | alcoholic
liquors without a retailer's license; or
| ||||||
| 15 | (11) When, in an action by the Attorney General, under | ||||||
| 16 | the
provisions of the "Consumer Fraud and Deceptive | ||||||
| 17 | Business
Practices Act, the Solicitation for Charity Act ", | ||||||
| 18 | or "An Act to regulate solicitation and collection of funds | ||||||
| 19 | for
charitable purposes, providing for violations thereof, | ||||||
| 20 | and making an
appropriation therefor", approved July 26, | ||||||
| 21 | 1963, as amended,
or the "Charitable Trust Act", a court | ||||||
| 22 | has found that the
corporation substantially and willfully | ||||||
| 23 | violated any of such
Acts.
| ||||||
| 24 | (b) The enumeration of grounds for revocation in paragraphs
| ||||||
| 25 | (1) through
(11) of subsection (a) shall not preclude any | ||||||
| 26 | action by
the Attorney General
which is authorized by any other | ||||||
| |||||||
| |||||||
| 1 | statute of the State of Illinois or the common
law.
| ||||||
| 2 | (Source: P.A. 92-33, eff. 7-1-01; 93-59, eff. 7-1-03; revised | ||||||
| 3 | 10-20-15.)
| ||||||
| 4 | Section 620. The High Risk Home Loan Act is amended by | ||||||
| 5 | changing Section 10 as follows:
| ||||||
| 6 | (815 ILCS 137/10)
| ||||||
| 7 | Sec. 10. Definitions. As used in this Act:
| ||||||
| 8 | "Approved credit counselor" means a credit counselor | ||||||
| 9 | approved by the
Director of Financial Institutions.
| ||||||
| 10 | "Bona fide discount points" means loan discount points that | ||||||
| 11 | are knowingly paid by the consumer for the purpose of reducing, | ||||||
| 12 | and that in fact result in a bona fide reduction of, the
| ||||||
| 13 | interest rate or time price differential applicable to the | ||||||
| 14 | mortgage. | ||||||
| 15 | "Borrower" means a natural person who seeks or obtains a | ||||||
| 16 | high risk
home loan.
| ||||||
| 17 | "Commissioner" means the Commissioner of the Office of | ||||||
| 18 | Banks and Real
Estate.
| ||||||
| 19 | "Department" means the Department of Financial | ||||||
| 20 | Institutions.
| ||||||
| 21 | "Director" means the Director of Financial Institutions.
| ||||||
| 22 | "Good faith" means honesty in fact in the conduct or | ||||||
| 23 | transaction concerned.
| ||||||
| 24 | "High risk home loan"
means a consumer credit transaction, | ||||||
| |||||||
| |||||||
| 1 | other than a reverse mortgage, that is secured by the | ||||||
| 2 | consumer's principal dwelling if: (i) at the time of | ||||||
| 3 | origination, the annual
percentage rate
exceeds by more than 6 | ||||||
| 4 | percentage points in the case of a first lien mortgage,
or
by | ||||||
| 5 | more than 8 percentage points in the case of a junior mortgage, | ||||||
| 6 | the average prime offer rate, as defined in Section | ||||||
| 7 | 129C(b)(2)(B) of the federal Truth in Lending Act, for a | ||||||
| 8 | comparable transaction as of the date on which the interest | ||||||
| 9 | rate for the transaction is set, or if the dwelling is personal | ||||||
| 10 | property, then as provided under 15 U.S.C. 1602(bb), as | ||||||
| 11 | amended, and any corresponding regulation, as amended, (ii) the | ||||||
| 12 | loan documents permit the creditor to charge or collect | ||||||
| 13 | prepayment fees or penalties more than 36 months after the | ||||||
| 14 | transaction closing or such fees exceed, in the aggregate, more | ||||||
| 15 | than 2% of the amount prepaid, or (iii) the total
points
and | ||||||
| 16 | fees payable in connection with the transaction, other than | ||||||
| 17 | bona fide third-party charges not retained by the mortgage | ||||||
| 18 | originator, creditor, or an affiliate of the mortgage | ||||||
| 19 | originator or creditor, will exceed (1)
5% of the total loan | ||||||
| 20 | amount in the case of a transaction for $20,000 (or such other | ||||||
| 21 | dollar amount as prescribed by federal regulation pursuant to | ||||||
| 22 | the federal Dodd-Frank Act) or more or (2) the lesser of 8% of | ||||||
| 23 | the total loan amount or $1,000 (or such other dollar amount as | ||||||
| 24 | prescribed by federal regulation pursuant to the federal | ||||||
| 25 | Dodd-Frank Act) in the case of a transaction for less than | ||||||
| 26 | $20,000 (or such other dollar amount as prescribed by federal | ||||||
| |||||||
| |||||||
| 1 | regulation pursuant to the federal Dodd-Frank Act), except | ||||||
| 2 | that, with respect to all transactions, bona fide loan discount | ||||||
| 3 | points may be excluded as provided for in Section 35 of this | ||||||
| 4 | Act.
"High risk home loan"
does
not include a loan that is made | ||||||
| 5 | primarily for a business purpose unrelated to
the
residential | ||||||
| 6 | real property securing the loan or a consumer credit | ||||||
| 7 | transaction made by a natural person who provides seller | ||||||
| 8 | financing secured by a principal residence no more than 3 times | ||||||
| 9 | in a 12-month period, provided such consumer credit transaction | ||||||
| 10 | is not made by a person that has constructed or acted as a | ||||||
| 11 | contractor for the construction of the residence in the | ||||||
| 12 | ordinary course of business of such person.
| ||||||
| 13 | "Lender" means a natural or artificial person who | ||||||
| 14 | transfers, deals in,
offers, or makes a high risk home loan. | ||||||
| 15 | "Lender" includes, but is not limited
to,
creditors and
brokers | ||||||
| 16 | who transfer, deal in, offer, or make high risk home loans. | ||||||
| 17 | "Lender"
does not include purchasers, assignees, or subsequent | ||||||
| 18 | holders of high risk home
loans.
| ||||||
| 19 | "Office" means the Office of Banks and Real Estate.
| ||||||
| 20 | "Points and fees" means all items considered to be points | ||||||
| 21 | and
fees under 12 CFR 226.32 (2000, or as initially amended | ||||||
| 22 | pursuant to Section 1431 of the federal Dodd-Frank Act with no | ||||||
| 23 | subsequent amendments or editions
included, whichever is | ||||||
| 24 | later); compensation paid directly or indirectly by a consumer | ||||||
| 25 | or creditor to a
mortgage
broker from any source, including a | ||||||
| 26 | broker that originates a loan in its own name in a
table-funded
| ||||||
| |||||||
| |||||||
| 1 | transaction, not otherwise included in 12 CFR 226.4; the | ||||||
| 2 | maximum prepayment fees and penalties that may be charged or | ||||||
| 3 | collected under the terms of the credit transaction; all | ||||||
| 4 | prepayment fees or penalties that are incurred by the consumer | ||||||
| 5 | if the loan refinances a previous loan made or currently held | ||||||
| 6 | by the same creditor or an affiliate of the creditor; and | ||||||
| 7 | premiums or other charges payable at or before closing or | ||||||
| 8 | financed directly or indirectly into the loan for any credit | ||||||
| 9 | life, credit disability, credit unemployment, credit property, | ||||||
| 10 | other accident, loss of income, life, or health insurance or | ||||||
| 11 | payments directly or indirectly for any debt cancellation or | ||||||
| 12 | suspension agreement or contract, except that insurance | ||||||
| 13 | premiums or debt cancellation or suspension fees calculated and | ||||||
| 14 | paid in full on a monthly basis shall not be considered | ||||||
| 15 | financed by the creditor. "Points and fees" does not include | ||||||
| 16 | any insurance premium provided by an agency of the federal | ||||||
| 17 | government or an agency of a state; any insurance premium paid | ||||||
| 18 | by the consumer after closing; and any amount of a premium, | ||||||
| 19 | charge, or fee that is not in excess of the amount payable | ||||||
| 20 | under policies in effect at the time of origination under | ||||||
| 21 | Section 203(c)(2)(A) of the National Housing Act (12 U.S.C. | ||||||
| 22 | 1709(c)(2)(A)), provided that the premium, charge, or fee is | ||||||
| 23 | required to be refundable on a pro-rated basis and the refund | ||||||
| 24 | is automatically issued upon notification of the satisfaction | ||||||
| 25 | of the underlying mortgage loan. | ||||||
| 26 | "Prepayment penalty" and "prepayment fees or penalties" | ||||||
| |||||||
| |||||||
| 1 | mean: (i) for a closed-end credit transaction, a charge imposed | ||||||
| 2 | for paying all or part of the transaction's principal before | ||||||
| 3 | the date on which the principal is due, other than a waived, | ||||||
| 4 | bona fide third-party charge that the creditor imposes if the | ||||||
| 5 | consumer prepays all of the transactions's principal sooner | ||||||
| 6 | than 36 months after consummation and (ii) for an open-end | ||||||
| 7 | credit plan, a charge imposed by the creditor if the consumer | ||||||
| 8 | terminates the open-end credit plan prior to the end of its | ||||||
| 9 | term, other than a waived, bona fide third-party charge that | ||||||
| 10 | the creditor imposes if the consumer terminates the open-end | ||||||
| 11 | credit plan sooner than 36 months after account opening.
| ||||||
| 12 | "Reasonable" means fair, proper, just, or prudent under the | ||||||
| 13 | circumstances.
| ||||||
| 14 | "Servicer" means any entity chartered under the Illinois | ||||||
| 15 | Banking Act, the
Savings Bank Act, the Illinois Credit Union | ||||||
| 16 | Act, or the Illinois Savings and
Loan Act of 1985 and any | ||||||
| 17 | person or entity licensed under the Residential
Mortgage | ||||||
| 18 | License Act of 1987, the Consumer Installment Loan Act, or the | ||||||
| 19 | Sales
Finance Agency Act who
is responsible for the collection | ||||||
| 20 | or remittance for, or has the right or
obligation to collect or | ||||||
| 21 | remit for, any lender, note owner, or note holder or
for a | ||||||
| 22 | licensee's own account, of payments, interest, principal, and | ||||||
| 23 | trust items
(such as hazard
insurance and taxes on a | ||||||
| 24 | residential mortgage loan) in accordance with the
terms of the | ||||||
| 25 | residential mortgage loan, including loan payment follow-up,
| ||||||
| 26 | delinquency loan follow-up, loan analysis, and any | ||||||
| |||||||
| |||||||
| 1 | notifications to
the borrower that are necessary to enable the | ||||||
| 2 | borrower to keep the loan current
and in good
standing.
| ||||||
| 3 | "Total loan amount" has the same meaning as that term is | ||||||
| 4 | given in 12
CFR 226.32 and shall be calculated in accordance | ||||||
| 5 | with the Federal Reserve
Board's Official Staff Commentary to | ||||||
| 6 | that regulation.
| ||||||
| 7 | (Source: P.A. 99-150, eff. 7-28-15; 99-288, eff. 8-5-15; | ||||||
| 8 | revised 10-19-15.)
| ||||||
| 9 | Section 625. The Motor Fuel Sales Act is amended by | ||||||
| 10 | changing Section 2 as follows:
| ||||||
| 11 | (815 ILCS 365/2) (from Ch. 121 1/2, par. 1502)
| ||||||
| 12 | Sec. 2. Assistance at stations with self-service and | ||||||
| 13 | full-service islands.
| ||||||
| 14 | (a) Any attendant on duty at a gasoline station or service | ||||||
| 15 | station offering to the public retail sales of motor fuel at | ||||||
| 16 | both self-service and full-service islands shall, upon | ||||||
| 17 | request, dispense motor fuel for the driver of a car which is
| ||||||
| 18 | parked at a self-service island and displays: (1) registration | ||||||
| 19 | plates issued to
a person with a physical disability pursuant | ||||||
| 20 | to Section 3-616 of the Illinois Vehicle
Code; (2) registration | ||||||
| 21 | plates issued to a veteran with a disability pursuant
to | ||||||
| 22 | Section 3-609 or 3-609.01 of such Code; or (3) a special decal | ||||||
| 23 | or device issued pursuant
to Section 11-1301.2 of such Code; | ||||||
| 24 | and shall only charge such driver prices
as offered to the | ||||||
| |||||||
| |||||||
| 1 | general public for motor fuel dispensed at the self-service
| ||||||
| 2 | island. However, such attendant shall not be required to | ||||||
| 3 | perform other
services which are offered at the full-service | ||||||
| 4 | island.
| ||||||
| 5 | (b) Gasoline stations and service stations in this State | ||||||
| 6 | are subject to the federal Americans with Disabilities Act and | ||||||
| 7 | must: | ||||||
| 8 | (1) provide refueling assistance upon the request of an | ||||||
| 9 | individual with a disability (A gasoline station or service | ||||||
| 10 | station is not required to provide such service at any time | ||||||
| 11 | that it is operating on a remote control basis with a | ||||||
| 12 | single employee on duty at the motor fuel site, but is | ||||||
| 13 | encouraged to do so, if feasible.); | ||||||
| 14 | (2) by January 1, 2014, provide and display at least | ||||||
| 15 | one ADA compliant motor fuel dispenser with a direct | ||||||
| 16 | telephone number to the station that allows an operator of | ||||||
| 17 | a motor vehicle who has a disability to request refueling | ||||||
| 18 | assistance, with the telephone number posted in close | ||||||
| 19 | proximity to the International Symbol of Accessibility | ||||||
| 20 | required by the federal Americans with Disabilities Act, | ||||||
| 21 | however, if the station does not have at least one ADA | ||||||
| 22 | compliant motor fuel dispenser, the station must display on | ||||||
| 23 | at least one motor fuel dispenser a direct telephone number | ||||||
| 24 | to the station that allows an operator of a motor vehicle | ||||||
| 25 | who has a disability to request refueling assistance; and | ||||||
| 26 | (3) provide the refueling assistance without any | ||||||
| |||||||
| |||||||
| 1 | charge beyond the self-serve price.
| ||||||
| 2 | (c) The signage required under paragraph (2) of subsection | ||||||
| 3 | (b) shall be designated by the station owner and shall be | ||||||
| 4 | posted in a prominently visible place. The sign shall be | ||||||
| 5 | clearly visible to customers. | ||||||
| 6 | (d) The Secretary of State shall provide to persons with | ||||||
| 7 | disabilities information regarding the availability of | ||||||
| 8 | refueling assistance under this Section by the following | ||||||
| 9 | methods: | ||||||
| 10 | (1) by posting information about that availability on | ||||||
| 11 | the Secretary of State's Internet website, along with a | ||||||
| 12 | link to the Department of Human Services website; and | ||||||
| 13 | (2) by publishing a brochure containing information | ||||||
| 14 | about that availability, which shall be made available at | ||||||
| 15 | all Secretary of State offices throughout the State. | ||||||
| 16 | (d-5) On its Internet website, the Department of | ||||||
| 17 | Agriculture shall maintain a list of gasoline and service | ||||||
| 18 | stations that are required to report to the Department of | ||||||
| 19 | Agriculture's Bureau of Weights and Measures. The list shall | ||||||
| 20 | include the addresses and telephone numbers of the gasoline and | ||||||
| 21 | service stations. The Department of Agriculture shall provide | ||||||
| 22 | the Department of Human Services with a link to this website | ||||||
| 23 | information. | ||||||
| 24 | (e) The Department of Human Services shall post on its | ||||||
| 25 | Internet website information regarding the availability of | ||||||
| 26 | refueling assistance for persons with disabilities and the link | ||||||
| |||||||
| |||||||
| 1 | to the list of gasoline and service stations provided by the | ||||||
| 2 | Department of Agriculture. | ||||||
| 3 | (f) A person commits a Class C misdemeanor if he or she | ||||||
| 4 | telephones
a gasoline station or service station to request | ||||||
| 5 | refueling assistance and he or she: | ||||||
| 6 | (1) is not actually physically present at the gasoline | ||||||
| 7 | or service station; or | ||||||
| 8 | (2) is physically present at the gasoline or service | ||||||
| 9 | station but does not actually require refueling | ||||||
| 10 | assistance. | ||||||
| 11 | (g) The Department of Transportation shall work in | ||||||
| 12 | cooperation with appropriate representatives of gasoline and | ||||||
| 13 | service station trade associations and the petroleum industry | ||||||
| 14 | to increase the signage at gasoline and service stations on | ||||||
| 15 | interstate highways in this State with regard to the | ||||||
| 16 | availability of refueling assistance for persons with | ||||||
| 17 | disabilities.
| ||||||
| 18 | (h) If an owner of a gas station or service station is | ||||||
| 19 | found by the Illinois Department of Agriculture, Bureau of | ||||||
| 20 | Weights and Measures, to be in violation of this Act, the owner | ||||||
| 21 | shall pay an administrative fine of $250. Any moneys collected | ||||||
| 22 | by the Department shall be deposited into the Motor Fuel and | ||||||
| 23 | Petroleum Standards Fund. The Department of Agriculture shall | ||||||
| 24 | have the same authority and powers as provided for in the Motor | ||||||
| 25 | Fuel and Petroleum Standards Act in enforcing this Act. | ||||||
| 26 | (Source: P.A. 99-44, eff. 1-1-16; 99-143, eff. 7-27-15; revised | ||||||
| |||||||
| |||||||
| 1 | 10-21-15.)
| ||||||
| 2 | Section 630. The Used Lubricant Act is amended by changing | ||||||
| 3 | Section 2 as follows:
| ||||||
| 4 | (815 ILCS 435/2) (from Ch. 96 1/2, par. 5802)
| ||||||
| 5 | Sec. 2.
Any person dealing in previously used or previously | ||||||
| 6 | used and
reclaimed, re-refined, recleaned, or reconditioned | ||||||
| 7 | lubricating oils,
lubricants or mixtures of lubricants without | ||||||
| 8 | having each and every
container or item of equipment in or | ||||||
| 9 | through which any of such products
are sold, kept for sale, | ||||||
| 10 | displayed or dispensed plainly labeled as
required in this Act, | ||||||
| 11 | or advertising any of such products for sale
without inserting | ||||||
| 12 | in such advertising a statement as required in this
Act may | ||||||
| 13 | upon proper hearing be enjoined from selling any of such
| ||||||
| 14 | products or offering, displaying or advertising any of the same | ||||||
| 15 | for
sale. Action for such injunction may be brought in the | ||||||
| 16 | circuit court in
the county in which the defendant resides, and | ||||||
| 17 | may be brought either by
the Attorney General of this State | ||||||
| 18 | state or by the State's States Attorney in and for
such county. | ||||||
| 19 | The authority granted by this Section shall be in addition
to | ||||||
| 20 | and not in lieu of authority to prosecute criminally any person | ||||||
| 21 | for a
violation of this Act. The granting or enforcing of any | ||||||
| 22 | injunction
under this Act is a preventive measure for the | ||||||
| 23 | protection of the people
of this State state, not a punitive | ||||||
| 24 | measure, and the fact that a person has
been charged or | ||||||
| |||||||
| |||||||
| 1 | convicted of a violation of this Act shall not prevent
the | ||||||
| 2 | ordering of an injunction to prevent further
unlawful dealing
| ||||||
| 3 | in previously used or previously used and reclaimed, | ||||||
| 4 | re-refined,
recleaned or reconditioned lubricating oils, | ||||||
| 5 | lubricants or mixtures of
lubricants, nor shall the fact that | ||||||
| 6 | an injunction has been
granted under this Act preclude the | ||||||
| 7 | institution of criminal prosecution
or punishment. Upon | ||||||
| 8 | promulgation of labeling standards applicable to recycled
oil | ||||||
| 9 | by the Federal Trade Commission as prescribed pursuant to Title | ||||||
| 10 | V, Section
383 of the federal "Energy Policy and Conservation | ||||||
| 11 | Act (P.L. " (P.A.
94-163) the provisions of this Section shall | ||||||
| 12 | no longer be in effect.
| ||||||
| 13 | (Source: P.A. 83-346; revised 10-21-15.)
| ||||||
| 14 | Section 635. The Consumer Fraud and Deceptive Business | ||||||
| 15 | Practices Act is amended by changing Sections 2Z and 2MM as | ||||||
| 16 | follows:
| ||||||
| 17 | (815 ILCS 505/2Z) (from Ch. 121 1/2, par. 262Z)
| ||||||
| 18 | Sec. 2Z. Violations of other Acts. Any person who knowingly | ||||||
| 19 | violates
the Automotive Repair Act, the Automotive Collision | ||||||
| 20 | Repair Act,
the Home Repair and Remodeling Act,
the Dance | ||||||
| 21 | Studio Act,
the Physical Fitness Services Act,
the Hearing | ||||||
| 22 | Instrument Consumer Protection Act,
the Illinois Union Label | ||||||
| 23 | Act,
the Job Referral and Job Listing Services Consumer | ||||||
| 24 | Protection Act,
the Travel Promotion Consumer Protection Act,
| ||||||
| |||||||
| |||||||
| 1 | the Credit Services Organizations Act,
the Automatic Telephone | ||||||
| 2 | Dialers Act,
the Pay-Per-Call Services Consumer Protection | ||||||
| 3 | Act,
the Telephone Solicitations Act,
the Illinois Funeral or | ||||||
| 4 | Burial Funds Act,
the Cemetery Oversight Act, the Cemetery Care | ||||||
| 5 | Act,
the Safe and Hygienic Bed Act,
the Pre-Need Cemetery Sales | ||||||
| 6 | Act,
the High Risk Home Loan Act, the Payday Loan Reform Act, | ||||||
| 7 | the Mortgage Rescue Fraud Act, subsection (a) or (b) of Section | ||||||
| 8 | 3-10 of the
Cigarette Tax Act, subsection
(a) or (b) of Section | ||||||
| 9 | 3-10 of the Cigarette Use Tax Act, the Electronic
Mail Act, the | ||||||
| 10 | Internet Caller Identification Act, paragraph (6)
of
| ||||||
| 11 | subsection (k) of Section 6-305 of the Illinois Vehicle Code, | ||||||
| 12 | Section 11-1431, 18d-115, 18d-120, 18d-125, 18d-135, 18d-150, | ||||||
| 13 | or 18d-153 of the Illinois Vehicle Code, Article 3 of the | ||||||
| 14 | Residential Real Property Disclosure Act, the Automatic | ||||||
| 15 | Contract Renewal Act, the Reverse Mortgage Act, Section 25 of | ||||||
| 16 | the Youth Mental Health Protection Act, or the Personal | ||||||
| 17 | Information Protection Act commits an unlawful practice within | ||||||
| 18 | the meaning of this Act.
| ||||||
| 19 | (Source: P.A. 99-331, eff. 1-1-16; 99-411, eff. 1-1-16; revised | ||||||
| 20 | 10-21-15.)
| ||||||
| 21 | (815 ILCS 505/2MM)
| ||||||
| 22 | Sec. 2MM. Verification of accuracy of consumer reporting | ||||||
| 23 | information used to
extend consumers credit and security freeze | ||||||
| 24 | on credit reports. | ||||||
| 25 | (a) A credit card issuer who mails an offer or solicitation | ||||||
| |||||||
| |||||||
| 1 | to apply for a
credit card and who receives a completed | ||||||
| 2 | application in response to the offer
or
solicitation which | ||||||
| 3 | lists an address that is not substantially the same as the
| ||||||
| 4 | address on the offer or solicitation may not issue a credit | ||||||
| 5 | card based on that
application until reasonable steps have been | ||||||
| 6 | taken to verify the applicant's
change of address.
| ||||||
| 7 | (b) Any person who uses a consumer credit report in | ||||||
| 8 | connection with the
approval of credit based on the application | ||||||
| 9 | for an extension of credit, and who
has received notification | ||||||
| 10 | of a police report filed with a consumer reporting
agency that | ||||||
| 11 | the applicant has been a victim of financial
identity theft, as | ||||||
| 12 | defined in Section 16-30 or 16G-15 of the Criminal Code of 1961 | ||||||
| 13 | or the Criminal Code of 2012, may
not lend money or extend | ||||||
| 14 | credit without taking reasonable steps to verify the
consumer's | ||||||
| 15 | identity and confirm that the application for an extension of
| ||||||
| 16 | credit
is not the result of financial identity theft.
| ||||||
| 17 | (c) A consumer may request that a security freeze be placed | ||||||
| 18 | on his or her credit report by sending a request in writing by | ||||||
| 19 | certified mail to a consumer reporting agency at an address | ||||||
| 20 | designated by the consumer reporting agency to receive such | ||||||
| 21 | requests. | ||||||
| 22 | The following persons may request that a security freeze be | ||||||
| 23 | placed on the credit report of a person with a disability: | ||||||
| 24 | (1) a guardian of the person with a disability who that | ||||||
| 25 | is the subject of the request, appointed under Article XIa | ||||||
| 26 | of the Probate Act of 1975; and | ||||||
| |||||||
| |||||||
| 1 | (2) an agent of the person with a disability who that | ||||||
| 2 | is the subject of the request, under a written durable | ||||||
| 3 | power of attorney that complies with the Illinois Power of | ||||||
| 4 | Attorney Act. | ||||||
| 5 | The following persons may request that a security freeze | ||||||
| 6 | be placed on the credit report of a minor: | ||||||
| 7 | (1) a guardian of the minor who that is the subject of | ||||||
| 8 | the request, appointed under Article XI of the Probate Act | ||||||
| 9 | of 1975; | ||||||
| 10 | (2) a parent of the minor who that is the subject of | ||||||
| 11 | the request; and | ||||||
| 12 | (3) a guardian appointed under the Juvenile Court Act | ||||||
| 13 | of 1987 for a minor under the age of 18 who is the subject | ||||||
| 14 | of the request or, with a court order authorizing the | ||||||
| 15 | guardian consent power, for a youth who is the subject of | ||||||
| 16 | the request who has attained the age of 18, but who is | ||||||
| 17 | under the age of 21. | ||||||
| 18 | This subsection (c) does not prevent a consumer reporting | ||||||
| 19 | agency from advising a third party that a security freeze is in | ||||||
| 20 | effect with respect to the consumer's credit report.
| ||||||
| 21 | (d) A consumer reporting agency shall place a security | ||||||
| 22 | freeze on a consumer's credit report no later than 5 business | ||||||
| 23 | days after receiving a written request from the consumer:
| ||||||
| 24 | (1) a written request described in subsection (c); | ||||||
| 25 | (2) proper identification; and | ||||||
| 26 | (3) payment of a fee, if applicable.
| ||||||
| |||||||
| |||||||
| 1 | (e) Upon placing the security freeze on the consumer's | ||||||
| 2 | credit report, the consumer reporting agency shall send to the | ||||||
| 3 | consumer within 10 business days a written confirmation of the | ||||||
| 4 | placement of the security freeze and a unique personal | ||||||
| 5 | identification number or password or similar device, other than | ||||||
| 6 | the consumer's Social Security number, to be used by the | ||||||
| 7 | consumer when providing authorization for the release of his or | ||||||
| 8 | her credit report for a specific party or period of time.
| ||||||
| 9 | (f) If the consumer wishes to allow his or her credit | ||||||
| 10 | report to be accessed for a specific party or period of time | ||||||
| 11 | while a freeze is in place, he or she shall contact the | ||||||
| 12 | consumer reporting agency using a point of contact designated | ||||||
| 13 | by the consumer reporting agency, request that the freeze be | ||||||
| 14 | temporarily lifted, and provide the following:
| ||||||
| 15 | (1) Proper identification;
| ||||||
| 16 | (2) The unique personal identification number or | ||||||
| 17 | password or similar device provided by the consumer | ||||||
| 18 | reporting agency;
| ||||||
| 19 | (3) The proper information regarding the third party or | ||||||
| 20 | time period for which the report shall be available to | ||||||
| 21 | users of the credit report; and
| ||||||
| 22 | (4) A fee, if applicable.
| ||||||
| 23 | A security freeze for a minor may not be temporarily | ||||||
| 24 | lifted. This Section does not require a consumer reporting | ||||||
| 25 | agency to provide to a minor or a parent or guardian of a minor | ||||||
| 26 | on behalf of the minor a unique personal identification number, | ||||||
| |||||||
| |||||||
| 1 | password, or similar device provided by the consumer reporting | ||||||
| 2 | agency for the minor, or parent or guardian of the minor, to | ||||||
| 3 | use to authorize the consumer reporting agency to release | ||||||
| 4 | information from a minor. | ||||||
| 5 | (g) A consumer reporting agency shall develop a contact | ||||||
| 6 | method to receive and process a request from a consumer to | ||||||
| 7 | temporarily lift a freeze on a credit report pursuant to | ||||||
| 8 | subsection (f) in an expedited manner.
| ||||||
| 9 | A contact method under this subsection shall include:
(i) a | ||||||
| 10 | postal address; and (ii) an electronic contact method chosen by | ||||||
| 11 | the consumer reporting agency, which may include the use of | ||||||
| 12 | telephone, fax, Internet, or other electronic means.
| ||||||
| 13 | (h) A consumer reporting agency that receives a request | ||||||
| 14 | from a consumer to temporarily lift a freeze on a credit report | ||||||
| 15 | pursuant to subsection (f), shall comply with the request no | ||||||
| 16 | later than 3 business days after receiving the request.
| ||||||
| 17 | (i) A consumer reporting agency shall remove or temporarily | ||||||
| 18 | lift a freeze placed on a consumer's credit report only in the | ||||||
| 19 | following cases:
| ||||||
| 20 | (1) upon consumer request, pursuant to subsection (f) | ||||||
| 21 | or subsection (l) of this Section; or
| ||||||
| 22 | (2) if the consumer's credit report was frozen due to a | ||||||
| 23 | material misrepresentation of fact by the consumer.
| ||||||
| 24 | If a consumer reporting agency intends to remove a freeze | ||||||
| 25 | upon a consumer's credit report pursuant to this subsection, | ||||||
| 26 | the consumer reporting agency shall notify the consumer in | ||||||
| |||||||
| |||||||
| 1 | writing prior to removing the freeze on the consumer's credit | ||||||
| 2 | report.
| ||||||
| 3 | (j) If a third party requests access to a credit report on | ||||||
| 4 | which a security freeze is in effect, and this request is in | ||||||
| 5 | connection with an application for credit or any other use, and | ||||||
| 6 | the consumer does not allow his or her credit report to be | ||||||
| 7 | accessed for that specific party or period of time, the third | ||||||
| 8 | party may treat the application as incomplete.
| ||||||
| 9 | (k) If a consumer requests a security freeze, the credit | ||||||
| 10 | reporting agency shall disclose to the consumer the process of | ||||||
| 11 | placing and temporarily lifting a security freeze, and the | ||||||
| 12 | process for allowing access to information from the consumer's | ||||||
| 13 | credit report for a specific party or period of time while the | ||||||
| 14 | freeze is in place.
| ||||||
| 15 | (l) A security freeze shall remain in place until the | ||||||
| 16 | consumer or person authorized under subsection (c) to act on | ||||||
| 17 | behalf of the minor or person with a disability who that is the | ||||||
| 18 | subject of the security freeze requests, using a point of | ||||||
| 19 | contact designated by the consumer reporting agency, that the | ||||||
| 20 | security freeze be removed. A credit reporting agency shall | ||||||
| 21 | remove a security freeze within 3 business days of receiving a | ||||||
| 22 | request for removal from the consumer, who provides:
| ||||||
| 23 | (1) Proper identification;
| ||||||
| 24 | (2) The unique personal identification number or | ||||||
| 25 | password or similar device provided by the consumer | ||||||
| 26 | reporting agency; and
| ||||||
| |||||||
| |||||||
| 1 | (3) A fee, if applicable.
| ||||||
| 2 | (m) A consumer reporting agency shall require proper | ||||||
| 3 | identification of the person making a request to place or | ||||||
| 4 | remove a security freeze and may require proper identification | ||||||
| 5 | and proper authority from the person making the request to | ||||||
| 6 | place or remove a freeze on behalf of the person with a | ||||||
| 7 | disability or minor.
| ||||||
| 8 | (n) The provisions of subsections (c) through (m) of this | ||||||
| 9 | Section do not apply to the use of a consumer credit report by | ||||||
| 10 | any of the following:
| ||||||
| 11 | (1) A person or entity, or a subsidiary, affiliate, or | ||||||
| 12 | agent of that person or entity, or an assignee of a | ||||||
| 13 | financial obligation owing by the consumer to that person | ||||||
| 14 | or entity, or a prospective assignee of a financial | ||||||
| 15 | obligation owing by the consumer to that person or entity | ||||||
| 16 | in conjunction with the proposed purchase of the financial | ||||||
| 17 | obligation, with which the consumer has or had prior to | ||||||
| 18 | assignment an account or contract, including a demand | ||||||
| 19 | deposit account, or to whom the consumer issued a | ||||||
| 20 | negotiable instrument, for the purposes of reviewing the | ||||||
| 21 | account or collecting the financial obligation owing for | ||||||
| 22 | the account, contract, or negotiable instrument. For | ||||||
| 23 | purposes of this subsection, "reviewing the account" | ||||||
| 24 | includes activities related to account maintenance, | ||||||
| 25 | monitoring, credit line increases, and account upgrades | ||||||
| 26 | and enhancements.
| ||||||
| |||||||
| |||||||
| 1 | (2) A subsidiary, affiliate, agent, assignee, or | ||||||
| 2 | prospective assignee of a person to whom access has been | ||||||
| 3 | granted under subsection (f) of this Section for purposes | ||||||
| 4 | of facilitating the extension of credit or other | ||||||
| 5 | permissible use.
| ||||||
| 6 | (3) Any state or local agency, law enforcement agency, | ||||||
| 7 | trial court, or private collection agency acting pursuant | ||||||
| 8 | to a court order, warrant, or subpoena.
| ||||||
| 9 | (4) A child support agency acting pursuant to Title | ||||||
| 10 | IV-D of the Social Security Act.
| ||||||
| 11 | (5) The State or its agents or assigns acting to | ||||||
| 12 | investigate fraud.
| ||||||
| 13 | (6) The Department of Revenue or its agents or assigns | ||||||
| 14 | acting to investigate or collect delinquent taxes or unpaid | ||||||
| 15 | court orders or to fulfill any of its other statutory | ||||||
| 16 | responsibilities.
| ||||||
| 17 | (7) The use of credit information for the purposes of | ||||||
| 18 | prescreening as provided for by the federal Fair Credit | ||||||
| 19 | Reporting Act.
| ||||||
| 20 | (8) Any person or entity administering a credit file | ||||||
| 21 | monitoring subscription or similar service to which the | ||||||
| 22 | consumer has subscribed.
| ||||||
| 23 | (9) Any person or entity for the purpose of providing a | ||||||
| 24 | consumer with a copy of his or her credit report or score | ||||||
| 25 | upon the consumer's request.
| ||||||
| 26 | (10) Any person using the information in connection | ||||||
| |||||||
| |||||||
| 1 | with the underwriting of insurance.
| ||||||
| 2 | (n-5) This Section does not prevent a consumer reporting | ||||||
| 3 | agency from charging a fee of no more than $10 to a consumer | ||||||
| 4 | for each freeze, removal, or temporary lift of the freeze, | ||||||
| 5 | regarding access to a consumer credit report, except that a | ||||||
| 6 | consumer reporting agency may not charge a fee to: (i) a | ||||||
| 7 | consumer 65 years of age or over for placement and removal of a | ||||||
| 8 | freeze; (ii) a victim of identity theft who has submitted to | ||||||
| 9 | the consumer reporting agency a valid copy of a police report, | ||||||
| 10 | investigative report, or complaint that the consumer has filed | ||||||
| 11 | with a law enforcement agency about unlawful use of his or her | ||||||
| 12 | personal information by another person; or (iii) an active duty | ||||||
| 13 | military service member who has submitted to the consumer | ||||||
| 14 | reporting agency a copy of his or her orders calling the | ||||||
| 15 | service member to military service and any orders further | ||||||
| 16 | extending the service member's period of service if currently | ||||||
| 17 | active.
| ||||||
| 18 | (o) If a security freeze is in place, a consumer reporting | ||||||
| 19 | agency shall not change any of the following official | ||||||
| 20 | information in a credit report without sending a written | ||||||
| 21 | confirmation of the change to the consumer within 30 days of | ||||||
| 22 | the change being posted to the consumer's file: (i) name, (ii) | ||||||
| 23 | date of birth, (iii) Social Security number, and (iv) address. | ||||||
| 24 | Written confirmation is not required for technical | ||||||
| 25 | modifications of a consumer's official information, including | ||||||
| 26 | name and street abbreviations, complete spellings, or | ||||||
| |||||||
| |||||||
| 1 | transposition of numbers or letters. In the case of an address | ||||||
| 2 | change, the written confirmation shall be sent to both the new | ||||||
| 3 | address and to the former address.
| ||||||
| 4 | (p) The following entities are not required to place a | ||||||
| 5 | security freeze in a consumer report, however, pursuant to | ||||||
| 6 | paragraph (3) of this subsection, a consumer reporting agency | ||||||
| 7 | acting as a reseller shall honor any security freeze placed on | ||||||
| 8 | a consumer credit report by another consumer reporting agency:
| ||||||
| 9 | (1) A check services or fraud prevention services | ||||||
| 10 | company, which issues reports on incidents of fraud or | ||||||
| 11 | authorizations for the purpose of approving or processing | ||||||
| 12 | negotiable instruments, electronic funds transfers, or | ||||||
| 13 | similar methods of payment.
| ||||||
| 14 | (2) A deposit account information service company, | ||||||
| 15 | which issues reports regarding account closures due to | ||||||
| 16 | fraud, substantial overdrafts, ATM abuse, or similar | ||||||
| 17 | negative information regarding a consumer to inquiring | ||||||
| 18 | banks or other financial institutions for use only in | ||||||
| 19 | reviewing a consumer request for a deposit account at the | ||||||
| 20 | inquiring bank or financial institution.
| ||||||
| 21 | (3) A consumer reporting agency that:
| ||||||
| 22 | (A) acts only to resell credit information by | ||||||
| 23 | assembling and merging information contained in a | ||||||
| 24 | database of one or more consumer reporting agencies; | ||||||
| 25 | and
| ||||||
| 26 | (B) does not maintain a permanent database of | ||||||
| |||||||
| |||||||
| 1 | credit information from which new credit reports are | ||||||
| 2 | produced.
| ||||||
| 3 | (q) For purposes of this Section: | ||||||
| 4 | "Credit report" has the same meaning as "consumer report", | ||||||
| 5 | as ascribed to it in 15 U.S.C. Sec. 1681a(d). | ||||||
| 6 | "Consumer reporting agency" has the meaning ascribed to it | ||||||
| 7 | in 15 U.S.C. Sec. 1681a(f). | ||||||
| 8 | "Security freeze" means
a notice placed in a consumer's | ||||||
| 9 | credit report, at the request of the consumer and subject to | ||||||
| 10 | certain exceptions, that prohibits the consumer reporting | ||||||
| 11 | agency from releasing the consumer's credit report or score | ||||||
| 12 | relating to an extension of credit, without the express | ||||||
| 13 | authorization of the consumer.
| ||||||
| 14 | "Extension of credit" does not include
an increase in an | ||||||
| 15 | existing open-end credit plan, as defined in Regulation Z of
| ||||||
| 16 | the Federal Reserve System (12 C.F.R. 226.2), or any change to | ||||||
| 17 | or review of an
existing credit account.
| ||||||
| 18 | "Proper authority" means documentation that shows that a | ||||||
| 19 | parent, guardian, or agent has authority to act on behalf of a | ||||||
| 20 | minor or person with a disability. "Proper authority" includes | ||||||
| 21 | (1) an order issued by a court of law that shows that a | ||||||
| 22 | guardian has authority to act on behalf of a minor or person | ||||||
| 23 | with a disability, (2) a written, notarized statement signed by | ||||||
| 24 | a parent that expressly describes the authority of the parent | ||||||
| 25 | to act on behalf of the minor, or (3) a durable power of | ||||||
| 26 | attorney that complies with the Illinois Power of Attorney Act. | ||||||
| |||||||
| |||||||
| 1 | "Proper identification" means information generally deemed | ||||||
| 2 | sufficient to identify a person. Only if the consumer is unable | ||||||
| 3 | to reasonably identify himself or herself with the information | ||||||
| 4 | described above, may a consumer reporting agency require | ||||||
| 5 | additional information concerning the consumer's employment | ||||||
| 6 | and personal or family history in order to verify his or her | ||||||
| 7 | identity.
| ||||||
| 8 | "Military service member" means a resident of Illinois who | ||||||
| 9 | is a member of any component of the U.S. Armed Forces or the | ||||||
| 10 | National Guard of any state, the District of Columbia, a | ||||||
| 11 | commonwealth, or a territory of the United States who has | ||||||
| 12 | entered any full-time training or duty for which the service | ||||||
| 13 | member was ordered to report by the President, the governor of | ||||||
| 14 | a state, commonwealth, or territory of the United States, or | ||||||
| 15 | another appropriate military authority. | ||||||
| 16 | (r) Any person who violates this Section commits an
| ||||||
| 17 | unlawful practice within the meaning of this Act.
| ||||||
| 18 | (Source: P.A. 98-486, eff. 1-1-14; 98-756, eff. 7-16-14; | ||||||
| 19 | 99-143, eff. 7-27-15; 99-373, eff. 1-1-16; revised 10-21-15.)
| ||||||
| 20 | Section 640. The Job Referral and Job Listing Services | ||||||
| 21 | Consumer Protection Act is amended by changing Sections 5 and | ||||||
| 22 | 12 as follows:
| ||||||
| 23 | (815 ILCS 630/5) (from Ch. 121 1/2, par. 2005)
| ||||||
| 24 | Sec. 5.
Every Service shall be required to:
| ||||||
| |||||||
| |||||||
| 1 | (1) Keep and make available to the Attorney General | ||||||
| 2 | during regular
business hours, and to the State's States | ||||||
| 3 | Attorney of any county in which the
Service conducts | ||||||
| 4 | business the following records:
| ||||||
| 5 | (a) All job listing authorizations received by the | ||||||
| 6 | Service during the
immediate past year. Each such | ||||||
| 7 | authorization shall include:
| ||||||
| 8 | (i) the date when such authorization was | ||||||
| 9 | received.
| ||||||
| 10 | (ii) the name of the person recording the | ||||||
| 11 | authorization.
| ||||||
| 12 | (iii) the name and address of the employer or | ||||||
| 13 | agent of the employer,
making the authorization.
| ||||||
| 14 | (iv) the job title and the qualifications | ||||||
| 15 | therefor.
| ||||||
| 16 | (v) the salary offered or to be paid for such | ||||||
| 17 | job, if known.
| ||||||
| 18 | (vi) the The duration of the job.
| ||||||
| 19 | (b) Copies of all contracts, agreements or other | ||||||
| 20 | documents signed by job
seekers, pursuant to Section 6 | ||||||
| 21 | of this Act, for the immediate past year.
| ||||||
| 22 | (c) Copies of all receipts for fee payments given | ||||||
| 23 | to each job seeker,
pursuant to this Act, for the | ||||||
| 24 | immediate past year.
| ||||||
| 25 | (d) A current schedule of fees charged.
| ||||||
| 26 | (e) All other written information relative to the | ||||||
| |||||||
| |||||||
| 1 | services provided
to the job seeker.
| ||||||
| 2 | (2) Furnish to each job seeker a copy of every written | ||||||
| 3 | instrument the job
seeker has signed.
| ||||||
| 4 | (3) Obtain a bona fide job order for employment prior | ||||||
| 5 | to collecting any
fee from a job seeker or sending out a | ||||||
| 6 | job seeker to any place of employment.
| ||||||
| 7 | (4) Furnish to each job seeker from whom a fee is | ||||||
| 8 | received, at the time
payment is received, a receipt in | ||||||
| 9 | which shall be stated the name of the
job seeker, the name | ||||||
| 10 | and address of the Service and its agent, the date and
| ||||||
| 11 | amount of the fee and the purpose for which it was paid.
| ||||||
| 12 | (5) Furnish to each job seeker, who is sent to a | ||||||
| 13 | prospective employer,
with a card or similar paper stating | ||||||
| 14 | the nature of the prospective
employment, the names of the | ||||||
| 15 | job seeker and prospective employer, and the
address of the | ||||||
| 16 | employer.
| ||||||
| 17 | (6) Verify each job listing authorization received | ||||||
| 18 | from the authorizing
employer within 7 days following the | ||||||
| 19 | receipt or such authorization.
| ||||||
| 20 | (7) Meet in person with a potential job seeker and | ||||||
| 21 | enter into a written
contract before a job seeker provides | ||||||
| 22 | payment for a job list. A job list
shall include, at a | ||||||
| 23 | minimum, the following information:
| ||||||
| 24 | (a) name Name and address of the employer or agent | ||||||
| 25 | of the employer, making
the authorization;
| ||||||
| 26 | (b) job Job title and the qualifications therefor;
| ||||||
| |||||||
| |||||||
| 1 | (c) salary Salary offered or to be paid for such | ||||||
| 2 | job, if known;
| ||||||
| 3 | (d) the The duration of the job;
| ||||||
| 4 | (e) location Location of the job; and
| ||||||
| 5 | (f) certification Certification that the position | ||||||
| 6 | has not been filled as of the date
that such a list is | ||||||
| 7 | made available to the job seeker. | ||||||
| 8 | Said job list shall
be considered deliverable under the | ||||||
| 9 | contract.
| ||||||
| 10 | (Source: P.A. 87-293; revised 10-19-15.)
| ||||||
| 11 | (815 ILCS 630/12) (from Ch. 121 1/2, par. 2012)
| ||||||
| 12 | Sec. 12.
Violation of any of the provisions of this Act
is | ||||||
| 13 | an unlawful practice pursuant to Section 2 of the
Deceptive | ||||||
| 14 | Business Practices Act, as now or hereafter
amended. All | ||||||
| 15 | remedies, penalties and authority granted to
the Attorney | ||||||
| 16 | General or a State's States Attorney by that Act shall
be | ||||||
| 17 | available to them for the enforcement of this Act. In
any | ||||||
| 18 | action brought by the Attorney General or a State's States
| ||||||
| 19 | Attorney to enforce this Act, the court may order that
persons | ||||||
| 20 | who incurred actual damages be awarded the amount
of actual | ||||||
| 21 | damages assessed.
| ||||||
| 22 | (Source: P.A. 85-1367; revised 10-21-15.)
| ||||||
| 23 | Section 645. The Victims' Economic Security and Safety Act | ||||||
| 24 | is amended by changing Section 905 as follows:
| ||||||
| |||||||
| |||||||
| 1 | (820 ILCS 180/905)
| ||||||
| 2 | Sec. 905. Severability. If any provision of this Act
or the | ||||||
| 3 | application of such
provision to any person or circumstance is | ||||||
| 4 | held
to be in violation of the United Unites States | ||||||
| 5 | Constitution or Illinois
Constitution, the
remainder of the | ||||||
| 6 | provisions of this Act and the application of those
provisions | ||||||
| 7 | to any person or circumstance shall not be affected.
| ||||||
| 8 | (Source: P.A. 93-591, eff. 8-25-03; revised 10-21-15.)
| ||||||
| 9 | Section 650. The Workers' Compensation Act is amended by | ||||||
| 10 | changing Section 14 as follows:
| ||||||
| 11 | (820 ILCS 305/14) (from Ch. 48, par. 138.14)
| ||||||
| 12 | Sec. 14. The Commission shall appoint a secretary, an | ||||||
| 13 | assistant
secretary, and arbitrators and shall employ such
| ||||||
| 14 | assistants and clerical help as may be necessary. Arbitrators | ||||||
| 15 | shall be appointed pursuant to this Section, notwithstanding | ||||||
| 16 | any provision of the Personnel Code.
| ||||||
| 17 | Each arbitrator appointed after June 28, 2011 shall be | ||||||
| 18 | required
to demonstrate in writing his or
her knowledge of and | ||||||
| 19 | expertise in the law of and judicial processes of
the Workers' | ||||||
| 20 | Compensation Act and the Workers' Occupational Diseases Act.
| ||||||
| 21 | A formal training program for newly-hired arbitrators | ||||||
| 22 | shall be
implemented. The training program shall include the | ||||||
| 23 | following:
| ||||||
| |||||||
| |||||||
| 1 | (a) substantive and procedural aspects of the | ||||||
| 2 | arbitrator position;
| ||||||
| 3 | (b) current issues in workers' compensation law and | ||||||
| 4 | practice;
| ||||||
| 5 | (c) medical lectures by specialists in areas such as | ||||||
| 6 | orthopedics,
ophthalmology, psychiatry, rehabilitation | ||||||
| 7 | counseling;
| ||||||
| 8 | (d) orientation to each operational unit of the | ||||||
| 9 | Illinois Workers' Compensation Commission;
| ||||||
| 10 | (e) observation of experienced arbitrators conducting | ||||||
| 11 | hearings of cases,
combined with the opportunity to discuss | ||||||
| 12 | evidence presented and rulings made;
| ||||||
| 13 | (f) the use of hypothetical cases requiring the trainee | ||||||
| 14 | to issue
judgments as a means to evaluating knowledge and | ||||||
| 15 | writing ability;
| ||||||
| 16 | (g) writing skills;
| ||||||
| 17 | (h) professional and ethical standards pursuant to | ||||||
| 18 | Section 1.1 of this Act; | ||||||
| 19 | (i) detection of workers' compensation fraud and | ||||||
| 20 | reporting obligations of Commission employees and | ||||||
| 21 | appointees; | ||||||
| 22 | (j) standards of evidence-based medical treatment and | ||||||
| 23 | best practices for measuring and improving quality and | ||||||
| 24 | health care outcomes in the workers' compensation system, | ||||||
| 25 | including but not limited to the use of the American | ||||||
| 26 | Medical Association's "Guides to the Evaluation of | ||||||
| |||||||
| |||||||
| 1 | Permanent Impairment" and the practice of utilization | ||||||
| 2 | review; and | ||||||
| 3 | (k) substantive and procedural aspects of coal | ||||||
| 4 | workers' pneumoconiosis (black lung) cases. | ||||||
| 5 | A formal and ongoing professional development program | ||||||
| 6 | including, but not
limited to, the above-noted areas shall be | ||||||
| 7 | implemented to keep arbitrators
informed of recent | ||||||
| 8 | developments and issues and to assist them in
maintaining and | ||||||
| 9 | enhancing their professional competence. Each arbitrator shall | ||||||
| 10 | complete 20 hours of training in the above-noted areas during | ||||||
| 11 | every 2 years such arbitrator shall remain in office.
| ||||||
| 12 | Each
arbitrator shall devote full time to his or her duties | ||||||
| 13 | and shall serve when
assigned as
an acting Commissioner when a | ||||||
| 14 | Commissioner is unavailable in accordance
with the provisions | ||||||
| 15 | of Section 13 of this Act. Any
arbitrator who is an | ||||||
| 16 | attorney-at-law shall not engage in the practice of
law, nor | ||||||
| 17 | shall any arbitrator hold any other office or position of
| ||||||
| 18 | profit under the United States or this State or any municipal
| ||||||
| 19 | corporation or political subdivision of this State.
| ||||||
| 20 | Notwithstanding any other provision of this Act to the | ||||||
| 21 | contrary, an arbitrator
who serves as an acting Commissioner in | ||||||
| 22 | accordance with the provisions of
Section 13 of this Act shall | ||||||
| 23 | continue to serve in the capacity of Commissioner
until a | ||||||
| 24 | decision is reached in every case heard by that arbitrator | ||||||
| 25 | while
serving as an acting Commissioner.
| ||||||
| 26 | Notwithstanding any other provision of this Section, the | ||||||
| |||||||
| |||||||
| 1 | term of all arbitrators serving on June 28, 2011 (the effective | ||||||
| 2 | date of Public Act 97-18) this amendatory Act of the 97th | ||||||
| 3 | General Assembly, including any arbitrators on administrative | ||||||
| 4 | leave, shall terminate at the close of business on July 1, | ||||||
| 5 | 2011, but the incumbents shall continue to exercise all of | ||||||
| 6 | their duties until they are reappointed or their successors are | ||||||
| 7 | appointed. | ||||||
| 8 | On and after June 28, 2011 (the effective date of Public | ||||||
| 9 | Act 97-18) this amendatory Act of the 97th General Assembly, | ||||||
| 10 | arbitrators shall be appointed to 3-year terms as follows: | ||||||
| 11 | (1) All appointments shall be made by the Governor with | ||||||
| 12 | the advice and consent of the Senate. | ||||||
| 13 | (2) For their initial appointments, 12 arbitrators | ||||||
| 14 | shall be appointed to terms expiring July 1, 2012; 12 | ||||||
| 15 | arbitrators shall be appointed to terms expiring July 1, | ||||||
| 16 | 2013; and all additional arbitrators shall be appointed to | ||||||
| 17 | terms expiring July 1, 2014. Thereafter, all arbitrators | ||||||
| 18 | shall be appointed to 3-year terms. | ||||||
| 19 | Upon the expiration of a term, the Chairman shall evaluate | ||||||
| 20 | the performance of the arbitrator and may recommend to the | ||||||
| 21 | Governor that he or she be reappointed to a second or | ||||||
| 22 | subsequent term by the Governor with the advice and consent of | ||||||
| 23 | the Senate. | ||||||
| 24 | Each arbitrator appointed on or after June 28, 2011 (the | ||||||
| 25 | effective date of Public Act 97-18) this amendatory Act of the | ||||||
| 26 | 97th General Assembly and who has not previously served as an | ||||||
| |||||||
| |||||||
| 1 | arbitrator for the Commission shall be required to be | ||||||
| 2 | authorized to practice law in this State by the Supreme Court, | ||||||
| 3 | and to maintain this authorization throughout his or her term | ||||||
| 4 | of employment.
| ||||||
| 5 | The performance of all arbitrators shall be reviewed by the | ||||||
| 6 | Chairman on
an annual basis. The Chairman shall allow input | ||||||
| 7 | from the Commissioners in
all such reviews.
| ||||||
| 8 | The Commission shall assign no fewer than 3 arbitrators to | ||||||
| 9 | each hearing site. The Commission shall establish a procedure | ||||||
| 10 | to ensure that the arbitrators assigned to each hearing site | ||||||
| 11 | are assigned cases on a random basis. No arbitrator shall hear | ||||||
| 12 | cases in any county, other than Cook County, for more than 2 | ||||||
| 13 | years in each 3-year term. | ||||||
| 14 | The Secretary and each arbitrator shall receive a per annum | ||||||
| 15 | salary of
$4,000 less than the per annum salary of members of | ||||||
| 16 | The
Illinois Workers' Compensation Commission as
provided in | ||||||
| 17 | Section 13 of this Act, payable in equal monthly installments.
| ||||||
| 18 | The members of the Commission, Arbitrators and other | ||||||
| 19 | employees whose
duties require them to travel, shall have | ||||||
| 20 | reimbursed to them their
actual traveling expenses and | ||||||
| 21 | disbursements made or incurred by them in
the discharge of | ||||||
| 22 | their official duties while away from their place of
residence | ||||||
| 23 | in the performance of their duties.
| ||||||
| 24 | The Commission shall provide itself with a seal for the
| ||||||
| 25 | authentication of its orders, awards and proceedings upon which | ||||||
| 26 | shall be
inscribed the name of the Commission and the words | ||||||
| |||||||
| |||||||
| 1 | "Illinois--Seal".
| ||||||
| 2 | The Secretary or Assistant Secretary, under the direction | ||||||
| 3 | of the
Commission, shall have charge and custody of the seal of | ||||||
| 4 | the Commission
and also have charge and custody of all records, | ||||||
| 5 | files, orders,
proceedings, decisions, awards and other | ||||||
| 6 | documents on file with the
Commission. He shall furnish | ||||||
| 7 | certified copies, under the seal of the
Commission, of any such | ||||||
| 8 | records, files, orders, proceedings, decisions,
awards and | ||||||
| 9 | other documents on file with the Commission as may be
required. | ||||||
| 10 | Certified copies so furnished by the Secretary or Assistant
| ||||||
| 11 | Secretary shall be received in evidence before the Commission | ||||||
| 12 | or any
Arbitrator thereof, and in all courts, provided that the | ||||||
| 13 | original of
such certified copy is otherwise competent and | ||||||
| 14 | admissible in evidence.
The Secretary or Assistant Secretary | ||||||
| 15 | shall perform such other duties as
may be prescribed from time | ||||||
| 16 | to time by the Commission.
| ||||||
| 17 | (Source: P.A. 97-18, eff. 6-28-11; 97-719, eff. 6-29-12; 98-40, | ||||||
| 18 | eff. 6-28-13; revised 10-21-15.)
| ||||||
| 19 | Section 995. No acceleration or delay. Where this Act makes | ||||||
| 20 | changes in a statute that is represented in this Act by text | ||||||
| 21 | that is not yet or no longer in effect (for example, a Section | ||||||
| 22 | represented by multiple versions), the use of that text does | ||||||
| 23 | not accelerate or delay the taking effect of (i) the changes | ||||||
| 24 | made by this Act or (ii) provisions derived from any other | ||||||
| 25 | Public Act.
| ||||||
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| 1 | Section 996. No revival or extension. This Act does not | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 2 | revive or extend any Section or Act otherwise repealed.
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 3 | Section 999. Effective date. This Act takes effect upon | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 4 | becoming law.
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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