Public Act 102-1030

SB3865 Enrolled LRB102 24242 RJF 33473 b

AN ACT concerning State government.

Be it enacted by the People of the State of Illinois,

represented in the General Assembly:

Section 1. Legislative intent. It is the intent of the

General Assembly in enacting this amendatory Act of the 102nd

General Assembly to make only nonsubstantive changes that

remove the dehumanizing term "alien" from all Illinois

statutory provisions. No change made by this amendatory Act of

the 102nd General Assembly shall be interpreted so as to make

any substantive change to existing law, including, but not

limited to, eligibility for federal programs or benefits that

are available to a person who meets the definition of "alien"

under State or federal law.

Section 5. The Illinois Notary Public Act is amended by

changing Section 2-102 as follows:

(5 ILCS 312/2-102) (from Ch. 102, par. 202-102)

(Text of Section before amendment by P.A. 102-160)

Sec. 2-102. Application. Every applicant for appointment

and commission as a notary shall complete an application in a

format prescribed by the Secretary of State to be filed with

the Secretary of State, stating:

(a) the applicant's official name, as it appears on

his or her current driver's license or state-issued

identification card;

(b) the county in which the applicant resides or, if

the applicant is a resident of a state bordering Illinois,

the county in Illinois in which that person's principal

place of work or principal place of business is located;

(c) the applicant's residence address, as it appears

on his or her current driver's license or state-issued

identification card;

(c-5) the applicant's business address if different

than the applicant's residence address, if performing

notarial acts constitutes any portion of the applicant's

job duties;

(d) that the applicant has resided in the State of

Illinois for 30 days preceding the application or that the

applicant who is a resident of a state bordering Illinois

has worked or maintained a business in Illinois for 30

days preceding the application;

(e) that the applicant is a citizen of the United

States or a person an alien lawfully admitted for

permanent residence in the United States;

(f) the applicant's date of birth;

(g) that the applicant is able to read and write the

English language;

(h) that the applicant has never been the holder of a

notary public appointment that was revoked or suspended

during the past 10 years;

(i) that the applicant has not been convicted of a

felony;

(i-5) that the applicant's signature authorizes the

Office of the Secretary of State to conduct a verification

to confirm the information provided in the application,

including a criminal background check of the applicant, if

necessary; and

(j) any other information the Secretary of State deems

necessary.

(Source: P.A. 99-112, eff. 1-1-16; 100-809, eff. 1-1-19.)

(Text of Section after amendment by P.A. 102-160)

Sec. 2-102. Application.

(a) Application for notary public commission. Every

applicant for appointment and commission as a notary shall

complete an application in a format prescribed by the

Secretary of State to be filed with the Secretary of State,

stating:

(1) the applicant's official name, as it appears on

his or her current driver's license or state-issued

identification card;

(2) the county in which the applicant resides or, if

the applicant is a resident of a state bordering Illinois,

the county in Illinois in which that person's principal

place of work or principal place of business is located;

(3) the applicant's residence address, as it appears

on his or her current driver's license or state-issued

identification card;

(4) the applicant's e-mail address;

(5) the applicant's business address if different than

the applicant's residence address, if performing notarial

acts constitutes any portion of the applicant's job

duties;

(6) that the applicant has resided in the State of

Illinois for 30 days preceding the application or that the

applicant who is a resident of a state bordering Illinois

has worked or maintained a business in Illinois for 30

days preceding the application;

(7) that the applicant is a citizen of the United

States or lawfully admitted for permanent residence in the

United States;

(8) the applicant's date of birth;

(9) that the applicant is proficient in the the

English language;

(10) that the applicant has not had a prior

application or commission revoked due to a finding or

decision by the Secretary of State;

(11) that the applicant has not been convicted of a

felony;

(12) that the applicant's signature authorizes the

Office of the Secretary of State to conduct a verification

to confirm the information provided in the application,

including a criminal background check of the applicant, if

necessary;

(13) that the applicant has provided satisfactory

proof to the Secretary of State that the applicant has

successfully completed any required course of study on

notarization; and

(14) any other information the Secretary of State

deems necessary.

(b) Any notary appointed under subsection (a) shall have

the authority to conduct remote notarizations.

(c) Application for electronic notary public commission.

An application for an electronic notary public commission must

be filed with the Secretary of State in a manner prescribed by

the Secretary of State. Every applicant for appointment and

commission as an electronic notary public shall complete an

application to be filed with the Secretary of State, stating:

(1) all information required to be included in an

application for appointment as an electronic notary

public, as provided under subsection (a);

(2) that the applicant is commissioned as a notary

public under this Act;

(3) the applicant's email address;

(4) that the applicant has provided satisfactory proof

to the Secretary of State that the applicant has

successfully completed any required course of study on

electronic notarization and passed a qualifying

examination;

(5) a description of the technology or device that the

applicant intends to use to create his or her electronic

signature in performing electronic notarial acts;

(6) the electronic signature of the applicant; and

(7) any other information the Secretary of State deems

necessary.

(d) Electronic notarial acts. Before an electronic notary

public performs an electronic notarial act using audio-video

communication, he or she must be granted an electronic notary

public commission by the Secretary of State under this

Section, and identify the technology that the electronic

notary public intends to use, which must be approved by the

Secretary of State.

(e) Approval of commission. Upon the applicant's

fulfillment of the requirements for a notarial commission or

an electronic notary public commission, the Secretary of State

shall approve the commission and issue to the applicant a

unique commission number.

(f) Rejection of application. The Secretary of State may

reject an application for a notarial commission or an

electronic notary public commission if the applicant fails to

comply with any Section of this Act.

(Source: P.A. 102-160 (See Section 99 of P.A. 102-160 for

effective date of P.A. 102-160).)

Section 15. The Department of Commerce and Economic

Opportunity Law of the Civil Administrative Code of Illinois

is amended by changing Section 605-800 as follows:

(20 ILCS 605/605-800) (was 20 ILCS 605/46.19a in part)

Sec. 605-800. Training grants for skills in critical

demand.

(a) Grants to provide training in fields affected by

critical demands for certain skills may be made as provided in

this Section.

(b) The Director may make grants to eligible employers or

to other eligible entities on behalf of employers as

authorized in subsection (c) to provide training for employees

in fields for which there are critical demands for certain

skills. No participating employee may be a person without

employment authorization under federal law an unauthorized

alien, as defined in 8 U.S.C. 1324a.

(c) The Director may accept applications for training

grant funds and grant requests from: (i) entities sponsoring

multi-company eligible employee training projects as defined

in subsection (d), including business associations, strategic

business partnerships, institutions of secondary or higher

education, large manufacturers for supplier network companies,

federal Job Training Partnership Act administrative entities

or grant recipients, and labor organizations when those

projects will address common training needs identified by

participating companies; and (ii) individual employers that

are undertaking eligible employee training projects as defined

in subsection (d), including intermediaries and training

agents.

(d) The Director may make grants to eligible applicants as

defined in subsection (c) for employee training projects that

include, but need not be limited to, one or more of the

following:

(1) Training programs in response to new or changing

technology being introduced in the workplace.

(2) Job-linked training that offers special skills for

career advancement or that is preparatory for, and leads

directly to, jobs with definite career potential and

long-term job security.

(3) Training necessary to implement total quality

management or improvement or both management and

improvement systems within the workplace.

(4) Training related to new machinery or equipment.

(5) Training of employees of companies that are

expanding into new markets or expanding exports from

Illinois.

(6) Basic, remedial, or both basic and remedial

training of employees as a prerequisite for other

vocational or technical skills training or as a condition

for sustained employment.

(7) Self-employment training of the unemployed and

underemployed with comprehensive, competency-based

instructional programs and services, entrepreneurial

education and training initiatives for youth and adult

learners in cooperation with the Illinois Institute for

Entrepreneurial Education, training and education,

conferences, workshops, and best practice information for

local program operators of entrepreneurial education and

self-employment training programs.

(8) Other training activities or projects, or both

training activities and projects, related to the support,

development, or evaluation of job training programs,

activities, and delivery systems, including training needs

assessment and design.

(e) Grants shall be made on the terms and conditions that

the Department shall determine. No grant made under subsection

(d), however, shall exceed 50% of the direct costs of all

approved training programs provided by the employer or the

employer's training agent or other entity as defined in

subsection (c). Under this Section, allowable costs include,

but are not limited to:

(1) Administrative costs of tracking, documenting,

reporting, and processing training funds or project costs.

(2) Curriculum development.

(3) Wages and fringe benefits of employees.

(4) Training materials, including scrap product costs.

(5) Trainee travel expenses.

(6) Instructor costs, including wages, fringe

benefits, tuition, and travel expenses.

(7) Rent, purchase, or lease of training equipment.

(8) Other usual and customary training costs.

(f) The Department may conduct on-site grant monitoring

visits to verify trainee employment dates and wages and to

ensure that the grantee's financial management system is

structured to provide for accurate, current, and complete

disclosure of the financial results of the grant program in

accordance with all provisions, terms, and conditions

contained in the grant contract. Each applicant must, on

request by the Department, provide to the Department a

notarized certification signed and dated by a duly authorized

representative of the applicant, or that representative's

authorized designee, certifying that all participating

employees are employed at an Illinois facility and, for each

participating employee, stating the employee's name and

providing either (i) the employee's social security number or

(ii) a statement that the applicant has adequate written

verification that the employee is employed at an Illinois

facility. The Department may audit the accuracy of

submissions. Applicants sponsoring multi-company training

grant programs shall obtain information meeting the

requirement of this subsection from each participating company

and provide it to the Department upon request.

(g) The Director may establish and collect a schedule of

charges from subgrantee entities and other system users under

federal job-training programs for participating in and

utilizing the Department's automated job-training program

information systems if the systems and the necessary

participation and utilization are requirements of the federal

job-training programs. All monies collected pursuant to this

subsection shall be deposited into the Federal Workforce

Training Fund and may be used, subject to appropriation by the

General Assembly, only for the purpose of financing the

maintenance and operation of the automated federal

job-training information systems.

(Source: P.A. 99-933, eff. 1-27-17.)

Section 20. The Illinois Guaranteed Job Opportunity Act is

amended by changing Section 25 as follows:

(20 ILCS 1510/25)

Sec. 25. Program eligibility.

(a) General Rule. An individual is eligible to participate

in the job projects assisted under this Act if the individual:

(1) is at least 16 years of age;

(2) has resided in the eligible area for at least 30

days;

(3) has been unemployed for 35 days prior to the

determination of employment for job projects assisted

under this Act;

(4) is a citizen of the United States, is a national of

the United States, is a lawfully admitted permanent

resident alien, is a lawfully admitted refugee or parolee,

or is otherwise authorized by the United States Attorney

General to work in the United States; and

(5) is a recipient of assistance under Article IV of

the Illinois Public Aid Code.

(b) Limitations.

(1) (Blank).

(2) (Blank).

(3) No individual participating in the job opportunity

project assisted under this Act may work in any

compensated job other than the job assisted under this Act

for more than 20 hours per week.

(4) Individuals participating under this Act shall

seek employment during the period of employment assisted

under this Act.

(5) Any individual eligible for retirement benefits

under the Social Security Act, under any retirement system

for Federal Government employees, under the railroad

retirement system, under the military retirement system,

under a State or local government pension plan or

retirement system, or any private pension program is not

eligible to receive a job under a job project assisted

under this Act.

(Source: P.A. 93-46, eff. 7-1-03.)

Section 25. The Illinois Income Tax Act is amended by

changing Section 1501 as follows:

(35 ILCS 5/1501) (from Ch. 120, par. 15-1501)

Sec. 1501. Definitions.

(a) In general. When used in this Act, where not otherwise

distinctly expressed or manifestly incompatible with the

intent thereof:

(1) Business income. The term "business income" means

all income that may be treated as apportionable business

income under the Constitution of the United States.

Business income is net of the deductions allocable

thereto. Such term does not include compensation or the

deductions allocable thereto. For each taxable year

beginning on or after January 1, 2003, a taxpayer may

elect to treat all income other than compensation as

business income. This election shall be made in accordance

with rules adopted by the Department and, once made, shall

be irrevocable.

(1.5) Captive real estate investment trust:

(A) The term "captive real estate investment

trust" means a corporation, trust, or association:

(i) that is considered a real estate

investment trust for the taxable year under

Section 856 of the Internal Revenue Code;

(ii) the certificates of beneficial interest

or shares of which are not regularly traded on an

established securities market; and

(iii) of which more than 50% of the voting

power or value of the beneficial interest or

shares, at any time during the last half of the

taxable year, is owned or controlled, directly,

indirectly, or constructively, by a single

corporation.

(B) The term "captive real estate investment

trust" does not include:

(i) a real estate investment trust of which

more than 50% of the voting power or value of the

beneficial interest or shares is owned or

controlled, directly, indirectly, or

constructively, by:

(a) a real estate investment trust, other

than a captive real estate investment trust;

(b) a person who is exempt from taxation

under Section 501 of the Internal Revenue

Code, and who is not required to treat income

received from the real estate investment trust

as unrelated business taxable income under

Section 512 of the Internal Revenue Code;

(c) a listed Australian property trust, if

no more than 50% of the voting power or value

of the beneficial interest or shares of that

trust, at any time during the last half of the

taxable year, is owned or controlled, directly

or indirectly, by a single person;

(d) an entity organized as a trust,

provided a listed Australian property trust

described in subparagraph (c) owns or

controls, directly or indirectly, or

constructively, 75% or more of the voting

power or value of the beneficial interests or

shares of such entity; or

(e) an entity that is organized outside of

the laws of the United States and that

satisfies all of the following criteria:

(1) at least 75% of the entity's total

asset value at the close of its taxable

year is represented by real estate assets

(as defined in Section 856(c)(5)(B) of the

Internal Revenue Code, thereby including

shares or certificates of beneficial

interest in any real estate investment

trust), cash and cash equivalents, and

U.S. Government securities;

(2) the entity is not subject to tax

on amounts that are distributed to its

beneficial owners or is exempt from

entity-level taxation;

(3) the entity distributes at least

85% of its taxable income (as computed in

the jurisdiction in which it is organized)

to the holders of its shares or

certificates of beneficial interest on an

annual basis;

(4) either (i) the shares or

beneficial interests of the entity are

regularly traded on an established

securities market or (ii) not more than

10% of the voting power or value in the

entity is held, directly, indirectly, or

constructively, by a single entity or

individual; and

(5) the entity is organized in a

country that has entered into a tax treaty

with the United States; or

(ii) during its first taxable year for which

it elects to be treated as a real estate

investment trust under Section 856(c)(1) of the

Internal Revenue Code, a real estate investment

trust the certificates of beneficial interest or

shares of which are not regularly traded on an

established securities market, but only if the

certificates of beneficial interest or shares of

the real estate investment trust are regularly

traded on an established securities market prior

to the earlier of the due date (including

extensions) for filing its return under this Act

for that first taxable year or the date it

actually files that return.

(C) For the purposes of this subsection (1.5), the

constructive ownership rules prescribed under Section

318(a) of the Internal Revenue Code, as modified by

Section 856(d)(5) of the Internal Revenue Code, apply

in determining the ownership of stock, assets, or net

profits of any person.

(D) For the purposes of this item (1.5), for

taxable years ending on or after August 16, 2007, the

voting power or value of the beneficial interest or

shares of a real estate investment trust does not

include any voting power or value of beneficial

interest or shares in a real estate investment trust

held directly or indirectly in a segregated asset

account by a life insurance company (as described in

Section 817 of the Internal Revenue Code) to the

extent such voting power or value is for the benefit of

entities or persons who are either immune from

taxation or exempt from taxation under subtitle A of

the Internal Revenue Code.

(2) Commercial domicile. The term "commercial

domicile" means the principal place from which the trade

or business of the taxpayer is directed or managed.

(3) Compensation. The term "compensation" means wages,

salaries, commissions and any other form of remuneration

paid to employees for personal services.

(4) Corporation. The term "corporation" includes

associations, joint-stock companies, insurance companies

and cooperatives. Any entity, including a limited

liability company formed under the Illinois Limited

Liability Company Act, shall be treated as a corporation

if it is so classified for federal income tax purposes.

(5) Department. The term "Department" means the

Department of Revenue of this State.

(6) Director. The term "Director" means the Director

of Revenue of this State.

(7) Fiduciary. The term "fiduciary" means a guardian,

trustee, executor, administrator, receiver, or any person

acting in any fiduciary capacity for any person.

(8) Financial organization.

(A) The term "financial organization" means any

bank, bank holding company, trust company, savings

bank, industrial bank, land bank, safe deposit

company, private banker, savings and loan association,

building and loan association, credit union, currency

exchange, cooperative bank, small loan company, sales

finance company, investment company, or any person

which is owned by a bank or bank holding company. For

the purpose of this Section a "person" will include

only those persons which a bank holding company may

acquire and hold an interest in, directly or

indirectly, under the provisions of the Bank Holding

Company Act of 1956 (12 U.S.C. 1841, et seq.), except

where interests in any person must be disposed of

within certain required time limits under the Bank

Holding Company Act of 1956.

(B) For purposes of subparagraph (A) of this

paragraph, the term "bank" includes (i) any entity

that is regulated by the Comptroller of the Currency

under the National Bank Act, or by the Federal Reserve

Board, or by the Federal Deposit Insurance Corporation

and (ii) any federally or State chartered bank

operating as a credit card bank.

(C) For purposes of subparagraph (A) of this

paragraph, the term "sales finance company" has the

meaning provided in the following item (i) or (ii):

(i) A person primarily engaged in one or more

of the following businesses: the business of

purchasing customer receivables, the business of

making loans upon the security of customer

receivables, the business of making loans for the

express purpose of funding purchases of tangible

personal property or services by the borrower, or

the business of finance leasing. For purposes of

this item (i), "customer receivable" means:

(a) a retail installment contract or

retail charge agreement within the meaning of

the Sales Finance Agency Act, the Retail

Installment Sales Act, or the Motor Vehicle

Retail Installment Sales Act;

(b) an installment, charge, credit, or

similar contract or agreement arising from the

sale of tangible personal property or services

in a transaction involving a deferred payment

price payable in one or more installments

subsequent to the sale; or

(c) the outstanding balance of a contract

or agreement described in provisions (a) or

(b) of this item (i).

A customer receivable need not provide for

payment of interest on deferred payments. A sales

finance company may purchase a customer receivable

from, or make a loan secured by a customer

receivable to, the seller in the original

transaction or to a person who purchased the

customer receivable directly or indirectly from

that seller.

(ii) A corporation meeting each of the

following criteria:

(a) the corporation must be a member of an

"affiliated group" within the meaning of

Section 1504(a) of the Internal Revenue Code,

determined without regard to Section 1504(b)

of the Internal Revenue Code;

(b) more than 50% of the gross income of

the corporation for the taxable year must be

interest income derived from qualifying loans.

A "qualifying loan" is a loan made to a member

of the corporation's affiliated group that

originates customer receivables (within the

meaning of item (i)) or to whom customer

receivables originated by a member of the

affiliated group have been transferred, to the

extent the average outstanding balance of

loans from that corporation to members of its

affiliated group during the taxable year do

not exceed the limitation amount for that

corporation. The "limitation amount" for a

corporation is the average outstanding

balances during the taxable year of customer

receivables (within the meaning of item (i))

originated by all members of the affiliated

group. If the average outstanding balances of

the loans made by a corporation to members of

its affiliated group exceed the limitation

amount, the interest income of that

corporation from qualifying loans shall be

equal to its interest income from loans to

members of its affiliated groups times a

fraction equal to the limitation amount

divided by the average outstanding balances of

the loans made by that corporation to members

of its affiliated group;

(c) the total of all shareholder's equity

(including, without limitation, paid-in

capital on common and preferred stock and

retained earnings) of the corporation plus the

total of all of its loans, advances, and other

obligations payable or owed to members of its

affiliated group may not exceed 20% of the

total assets of the corporation at any time

during the tax year; and

(d) more than 50% of all interest-bearing

obligations of the affiliated group payable to

persons outside the group determined in

accordance with generally accepted accounting

principles must be obligations of the

corporation.

This amendatory Act of the 91st General Assembly

is declaratory of existing law.

(D) Subparagraphs (B) and (C) of this paragraph

are declaratory of existing law and apply

retroactively, for all tax years beginning on or

before December 31, 1996, to all original returns, to

all amended returns filed no later than 30 days after

the effective date of this amendatory Act of 1996, and

to all notices issued on or before the effective date

of this amendatory Act of 1996 under subsection (a) of

Section 903, subsection (a) of Section 904, subsection

(e) of Section 909, or Section 912. A taxpayer that is

a "financial organization" that engages in any

transaction with an affiliate shall be a "financial

organization" for all purposes of this Act.

(E) For all tax years beginning on or before

December 31, 1996, a taxpayer that falls within the

definition of a "financial organization" under

subparagraphs (B) or (C) of this paragraph, but who

does not fall within the definition of a "financial

organization" under the Proposed Regulations issued by

the Department of Revenue on July 19, 1996, may

irrevocably elect to apply the Proposed Regulations

for all of those years as though the Proposed

Regulations had been lawfully promulgated, adopted,

and in effect for all of those years. For purposes of

applying subparagraphs (B) or (C) of this paragraph to

all of those years, the election allowed by this

subparagraph applies only to the taxpayer making the

election and to those members of the taxpayer's

unitary business group who are ordinarily required to

apportion business income under the same subsection of

Section 304 of this Act as the taxpayer making the

election. No election allowed by this subparagraph

shall be made under a claim filed under subsection (d)

of Section 909 more than 30 days after the effective

date of this amendatory Act of 1996.

(F) Finance Leases. For purposes of this

subsection, a finance lease shall be treated as a loan

or other extension of credit, rather than as a lease,

regardless of how the transaction is characterized for

any other purpose, including the purposes of any

regulatory agency to which the lessor is subject. A

finance lease is any transaction in the form of a lease

in which the lessee is treated as the owner of the

leased asset entitled to any deduction for

depreciation allowed under Section 167 of the Internal

Revenue Code.

(9) Fiscal year. The term "fiscal year" means an

accounting period of 12 months ending on the last day of

any month other than December.

(9.5) Fixed place of business. The term "fixed place

of business" has the same meaning as that term is given in

Section 864 of the Internal Revenue Code and the related

Treasury regulations.

(10) Includes and including. The terms "includes" and

"including" when used in a definition contained in this

Act shall not be deemed to exclude other things otherwise

within the meaning of the term defined.

(11) Internal Revenue Code. The term "Internal Revenue

Code" means the United States Internal Revenue Code of

1954 or any successor law or laws relating to federal

income taxes in effect for the taxable year.

(11.5) Investment partnership.

(A) The term "investment partnership" means any

entity that is treated as a partnership for federal

income tax purposes that meets the following

requirements:

(i) no less than 90% of the partnership's cost

of its total assets consists of qualifying

investment securities, deposits at banks or other

financial institutions, and office space and

equipment reasonably necessary to carry on its

activities as an investment partnership;

(ii) no less than 90% of its gross income

consists of interest, dividends, and gains from

the sale or exchange of qualifying investment

securities; and

(iii) the partnership is not a dealer in

qualifying investment securities.

(B) For purposes of this paragraph (11.5), the

term "qualifying investment securities" includes all

of the following:

(i) common stock, including preferred or debt

securities convertible into common stock, and

preferred stock;

(ii) bonds, debentures, and other debt

securities;

(iii) foreign and domestic currency deposits

secured by federal, state, or local governmental

agencies;

(iv) mortgage or asset-backed securities

secured by federal, state, or local governmental

agencies;

(v) repurchase agreements and loan

participations;

(vi) foreign currency exchange contracts and

forward and futures contracts on foreign

currencies;

(vii) stock and bond index securities and

futures contracts and other similar financial

securities and futures contracts on those

securities;

(viii) options for the purchase or sale of any

of the securities, currencies, contracts, or

financial instruments described in items (i) to

(vii), inclusive;

(ix) regulated futures contracts;

(x) commodities (not described in Section

1221(a)(1) of the Internal Revenue Code) or

futures, forwards, and options with respect to

such commodities, provided, however, that any item

of a physical commodity to which title is actually

acquired in the partnership's capacity as a dealer

in such commodity shall not be a qualifying

investment security;

(xi) derivatives; and

(xii) a partnership interest in another

partnership that is an investment partnership.

(12) Mathematical error. The term "mathematical error"

includes the following types of errors, omissions, or

defects in a return filed by a taxpayer which prevents

acceptance of the return as filed for processing:

(A) arithmetic errors or incorrect computations on

the return or supporting schedules;

(B) entries on the wrong lines;

(C) omission of required supporting forms or

schedules or the omission of the information in whole

or in part called for thereon; and

(D) an attempt to claim, exclude, deduct, or

improperly report, in a manner directly contrary to

the provisions of the Act and regulations thereunder

any item of income, exemption, deduction, or credit.

(13) Nonbusiness income. The term "nonbusiness income"

means all income other than business income or

compensation.

(14) Nonresident. The term "nonresident" means a

person who is not a resident.

(15) Paid, incurred and accrued. The terms "paid",

"incurred" and "accrued" shall be construed according to

the method of accounting upon the basis of which the

person's base income is computed under this Act.

(16) Partnership and partner. The term "partnership"

includes a syndicate, group, pool, joint venture or other

unincorporated organization, through or by means of which

any business, financial operation, or venture is carried

on, and which is not, within the meaning of this Act, a

trust or estate or a corporation; and the term "partner"

includes a member in such syndicate, group, pool, joint

venture or organization.

The term "partnership" includes any entity, including

a limited liability company formed under the Illinois

Limited Liability Company Act, classified as a partnership

for federal income tax purposes.

The term "partnership" does not include a syndicate,

group, pool, joint venture, or other unincorporated

organization established for the sole purpose of playing

the Illinois State Lottery.

(17) Part-year resident. The term "part-year resident"

means an individual who became a resident during the

taxable year or ceased to be a resident during the taxable

year. Under Section 1501(a)(20)(A)(i) residence commences

with presence in this State for other than a temporary or

transitory purpose and ceases with absence from this State

for other than a temporary or transitory purpose. Under

Section 1501(a)(20)(A)(ii) residence commences with the

establishment of domicile in this State and ceases with

the establishment of domicile in another State.

(18) Person. The term "person" shall be construed to

mean and include an individual, a trust, estate,

partnership, association, firm, company, corporation,

limited liability company, or fiduciary. For purposes of

Section 1301 and 1302 of this Act, a "person" means (i) an

individual, (ii) a corporation, (iii) an officer, agent,

or employee of a corporation, (iv) a member, agent or

employee of a partnership, or (v) a member, manager,

employee, officer, director, or agent of a limited

liability company who in such capacity commits an offense

specified in Section 1301 and 1302.

(18A) Records. The term "records" includes all data

maintained by the taxpayer, whether on paper, microfilm,

microfiche, or any type of machine-sensible data

compilation.

(19) Regulations. The term "regulations" includes

rules promulgated and forms prescribed by the Department.

(20) Resident. The term "resident" means:

(A) an individual (i) who is in this State for

other than a temporary or transitory purpose during

the taxable year; or (ii) who is domiciled in this

State but is absent from the State for a temporary or

transitory purpose during the taxable year;

(B) The estate of a decedent who at his or her

death was domiciled in this State;

(C) A trust created by a will of a decedent who at

his death was domiciled in this State; and

(D) An irrevocable trust, the grantor of which was

domiciled in this State at the time such trust became

irrevocable. For purpose of this subparagraph, a trust

shall be considered irrevocable to the extent that the

grantor is not treated as the owner thereof under

Sections 671 through 678 of the Internal Revenue Code.

(21) Sales. The term "sales" means all gross receipts

of the taxpayer not allocated under Sections 301, 302 and

303.

(22) State. The term "state" when applied to a

jurisdiction other than this State means any state of the

United States, the District of Columbia, the Commonwealth

of Puerto Rico, any Territory or Possession of the United

States, and any foreign country, or any political

subdivision of any of the foregoing. For purposes of the

foreign tax credit under Section 601, the term "state"

means any state of the United States, the District of

Columbia, the Commonwealth of Puerto Rico, and any

territory or possession of the United States, or any

political subdivision of any of the foregoing, effective

for tax years ending on or after December 31, 1989.

(23) Taxable year. The term "taxable year" means the

calendar year, or the fiscal year ending during such

calendar year, upon the basis of which the base income is

computed under this Act. "Taxable year" means, in the case

of a return made for a fractional part of a year under the

provisions of this Act, the period for which such return

is made.

(24) Taxpayer. The term "taxpayer" means any person

subject to the tax imposed by this Act.

(25) International banking facility. The term

international banking facility shall have the same meaning

as is set forth in the Illinois Banking Act or as is set

forth in the laws of the United States or regulations of

the Board of Governors of the Federal Reserve System.

(26) Income Tax Return Preparer.

(A) The term "income tax return preparer" means

any person who prepares for compensation, or who

employs one or more persons to prepare for

compensation, any return of tax imposed by this Act or

any claim for refund of tax imposed by this Act. The

preparation of a substantial portion of a return or

claim for refund shall be treated as the preparation

of that return or claim for refund.

(B) A person is not an income tax return preparer

if all he or she does is

(i) furnish typing, reproducing, or other

mechanical assistance;

(ii) prepare returns or claims for refunds for

the employer by whom he or she is regularly and

continuously employed;

(iii) prepare as a fiduciary returns or claims

for refunds for any person; or

(iv) prepare claims for refunds for a taxpayer

in response to any notice of deficiency issued to

that taxpayer or in response to any waiver of

restriction after the commencement of an audit of

that taxpayer or of another taxpayer if a

determination in the audit of the other taxpayer

directly or indirectly affects the tax liability

of the taxpayer whose claims he or she is

preparing.

(27) Unitary business group.

(A) The term "unitary business group" means a

group of persons related through common ownership

whose business activities are integrated with,

dependent upon and contribute to each other. The group

will not include those members whose business activity

outside the United States is 80% or more of any such

member's total business activity; for purposes of this

paragraph and clause (a)(3)(B)(ii) of Section 304,

business activity within the United States shall be

measured by means of the factors ordinarily applicable

under subsections (a), (b), (c), (d), or (h) of

Section 304 except that, in the case of members

ordinarily required to apportion business income by

means of the 3 factor formula of property, payroll and

sales specified in subsection (a) of Section 304,

including the formula as weighted in subsection (h) of

Section 304, such members shall not use the sales

factor in the computation and the results of the

property and payroll factor computations of subsection

(a) of Section 304 shall be divided by 2 (by one if

either the property or payroll factor has a

denominator of zero). The computation required by the

preceding sentence shall, in each case, involve the

division of the member's property, payroll, or revenue

miles in the United States, insurance premiums on

property or risk in the United States, or financial

organization business income from sources within the

United States, as the case may be, by the respective

worldwide figures for such items. Common ownership in

the case of corporations is the direct or indirect

control or ownership of more than 50% of the

outstanding voting stock of the persons carrying on

unitary business activity. Unitary business activity

can ordinarily be illustrated where the activities of

the members are: (1) in the same general line (such as

manufacturing, wholesaling, retailing of tangible

personal property, insurance, transportation or

finance); or (2) are steps in a vertically structured

enterprise or process (such as the steps involved in

the production of natural resources, which might

include exploration, mining, refining, and marketing);

and, in either instance, the members are functionally

integrated through the exercise of strong centralized

management (where, for example, authority over such

matters as purchasing, financing, tax compliance,

product line, personnel, marketing and capital

investment is not left to each member).

(B) In no event, for taxable years ending prior to

December 31, 2017, shall any unitary business group

include members which are ordinarily required to

apportion business income under different subsections

of Section 304 except that for tax years ending on or

after December 31, 1987 this prohibition shall not

apply to a holding company that would otherwise be a

member of a unitary business group with taxpayers that

apportion business income under any of subsections

(b), (c), (c-1), or (d) of Section 304. If a unitary

business group would, but for the preceding sentence,

include members that are ordinarily required to

apportion business income under different subsections

of Section 304, then for each subsection of Section

304 for which there are two or more members, there

shall be a separate unitary business group composed of

such members. For purposes of the preceding two

sentences, a member is "ordinarily required to

apportion business income" under a particular

subsection of Section 304 if it would be required to

use the apportionment method prescribed by such

subsection except for the fact that it derives

business income solely from Illinois. As used in this

paragraph, for taxable years ending before December

31, 2017, the phrase "United States" means only the 50

states and the District of Columbia, but does not

include any territory or possession of the United

States or any area over which the United States has

asserted jurisdiction or claimed exclusive rights with

respect to the exploration for or exploitation of

natural resources. For taxable years ending on or

after December 31, 2017, the phrase "United States",

as used in this paragraph, means only the 50 states,

the District of Columbia, and any area over which the

United States has asserted jurisdiction or claimed

exclusive rights with respect to the exploration for

or exploitation of natural resources, but does not

include any territory or possession of the United

States.

(C) Holding companies.

(i) For purposes of this subparagraph, a

"holding company" is a corporation (other than a

corporation that is a financial organization under

paragraph (8) of this subsection (a) of Section

1501 because it is a bank holding company under

the provisions of the Bank Holding Company Act of

1956 (12 U.S.C. 1841, et seq.) or because it is

owned by a bank or a bank holding company) that

owns a controlling interest in one or more other

taxpayers ("controlled taxpayers"); that, during

the period that includes the taxable year and the

2 immediately preceding taxable years or, if the

corporation was formed during the current or

immediately preceding taxable year, the taxable

years in which the corporation has been in

existence, derived substantially all its gross

income from dividends, interest, rents, royalties,

fees or other charges received from controlled

taxpayers for the provision of services, and gains

on the sale or other disposition of interests in

controlled taxpayers or in property leased or

licensed to controlled taxpayers or used by the

taxpayer in providing services to controlled

taxpayers; and that incurs no substantial expenses

other than expenses (including interest and other

costs of borrowing) incurred in connection with

the acquisition and holding of interests in

controlled taxpayers and in the provision of

services to controlled taxpayers or in the leasing

or licensing of property to controlled taxpayers.

(ii) The income of a holding company which is

a member of more than one unitary business group

shall be included in each unitary business group

of which it is a member on a pro rata basis, by

including in each unitary business group that

portion of the base income of the holding company

that bears the same proportion to the total base

income of the holding company as the gross

receipts of the unitary business group bears to

the combined gross receipts of all unitary

business groups (in both cases without regard to

the holding company) or on any other reasonable

basis, consistently applied.

(iii) A holding company shall apportion its

business income under the subsection of Section

304 used by the other members of its unitary

business group. The apportionment factors of a

holding company which would be a member of more

than one unitary business group shall be included

with the apportionment factors of each unitary

business group of which it is a member on a pro

rata basis using the same method used in clause

(ii).

(iv) The provisions of this subparagraph (C)

are intended to clarify existing law.

(D) If including the base income and factors of a

holding company in more than one unitary business

group under subparagraph (C) does not fairly reflect

the degree of integration between the holding company

and one or more of the unitary business groups, the

dependence of the holding company and one or more of

the unitary business groups upon each other, or the

contributions between the holding company and one or

more of the unitary business groups, the holding

company may petition the Director, under the

procedures provided under Section 304(f), for

permission to include all base income and factors of

the holding company only with members of a unitary

business group apportioning their business income

under one subsection of subsections (a), (b), (c), or

(d) of Section 304. If the petition is granted, the

holding company shall be included in a unitary

business group only with persons apportioning their

business income under the selected subsection of

Section 304 until the Director grants a petition of

the holding company either to be included in more than

one unitary business group under subparagraph (C) or

to include its base income and factors only with

members of a unitary business group apportioning their

business income under a different subsection of

Section 304.

(E) If the unitary business group members'

accounting periods differ, the common parent's

accounting period or, if there is no common parent,

the accounting period of the member that is expected

to have, on a recurring basis, the greatest Illinois

income tax liability must be used to determine whether

to use the apportionment method provided in subsection

(a) or subsection (h) of Section 304. The prohibition

against membership in a unitary business group for

taxpayers ordinarily required to apportion income

under different subsections of Section 304 does not

apply to taxpayers required to apportion income under

subsection (a) and subsection (h) of Section 304. The

provisions of this amendatory Act of 1998 apply to tax

years ending on or after December 31, 1998.

(28) Subchapter S corporation. The term "Subchapter S

corporation" means a corporation for which there is in

effect an election under Section 1362 of the Internal

Revenue Code, or for which there is a federal election to

opt out of the provisions of the Subchapter S Revision Act

of 1982 and have applied instead the prior federal

Subchapter S rules as in effect on July 1, 1982.

(30) Foreign person. The term "foreign person" means

any person who is a nonresident individual who is a

national or citizen of a country other than the United

States alien individual and any nonindividual entity,

regardless of where created or organized, whose business

activity outside the United States is 80% or more of the

entity's total business activity.

(b) Other definitions.

(1) Words denoting number, gender, and so forth, when

used in this Act, where not otherwise distinctly expressed

or manifestly incompatible with the intent thereof:

(A) Words importing the singular include and apply

to several persons, parties or things;

(B) Words importing the plural include the

singular; and

(C) Words importing the masculine gender include

the feminine as well.

(2) "Company" or "association" as including successors

and assigns. The word "company" or "association", when

used in reference to a corporation, shall be deemed to

embrace the words "successors and assigns of such company

or association", and in like manner as if these last-named

words, or words of similar import, were expressed.

(3) Other terms. Any term used in any Section of this

Act with respect to the application of, or in connection

with, the provisions of any other Section of this Act

shall have the same meaning as in such other Section.

(Source: P.A. 99-213, eff. 7-31-15; 100-22, eff. 7-6-17.)

Section 30. The Counties Code is amended by changing

Section 3-12007 as follows:

(55 ILCS 5/3-12007) (from Ch. 34, par. 3-12007)

Sec. 3-12007. Proposed rules for classified service. (a)

The Director of Personnel shall prepare and submit to the

commission proposed rules for the classified service. The

director shall give at least 10 days' notice to the heads of

all departments or agencies affected and they shall be given

an opportunity, upon their request, to appear before the

commission to express their views thereon before action is

taken by the commission.

(b) The rules, as adopted pursuant to subsection (a) of

Section 3-12005 shall provide for:

(1) preparation, maintenance and revision of a position

classification plan for all positions in the classified

service, based upon the similarity of duties performed and

responsibilities assumed, so that the same qualifications may

reasonably be required and the same schedule of pay may be

applied to all positions in the same class. Each position

authorized by the Board shall be allocated by the director to

the proper class and assigned to the appropriate pay range for

that class.

(2) promotion which shall give appropriate consideration

to the applicant's qualifications, record of performance,

seniority, and conduct. Vacancies shall be filled by promotion

whenever practicable and in the best interest of the county

service, and preference may be given to employees within the

department in which the vacancy occurs.

(3) open competitive examinations to determine the

relative fitness of applicants for the respective competitive

positions.

(4) competitive selection of employees for all classes in

the classified service.

(5) establishment of lists of eligibles for appointment

and promotion, upon which lists shall be placed the names of

successful candidates in the order of their relative

excellence in the respective examinations. The duration of

eligible lists for initial appointment shall be for no more

than one year unless extended by the director for not more than

one additional year; lists of eligibles for promotion shall be

maintained for as long as the tests on which they are based are

considered valid by the director.

(6) certification by the director to the appointing

authorities of not more than the top 5 names from the list of

eligibles for a single vacancy.

(7) rejection of candidates who do not comply with

reasonable job requirements in regard to such factors as age,

physical condition, training and experience, or who are

addicted to alcohol or narcotics or have been guilty of

infamous or disgraceful conduct or are undocumented immigrants

illegal aliens.

(8) periods of probationary employment. During the initial

probation period following appointment any employee may be

discharged or demoted without charges or hearing except that

any applicant or employee, regardless of status, who has

reason to believe that he/she has been discriminated against

because of religious opinions or affiliation, or race, sex, or

national origin in any personnel action may appeal to the

commission in accordance with the provisions of this Division

or in appropriate rules established by the commission pursuant

to subsection (a) of Section 3-12005.

(9) provisional employment without competitive

examinations when there is no appropriate eligible list

available. No person hired as a provisional employee shall

continue on the county payroll longer than 6 months per

calendar year nor shall successive provisional appointments be

allowed.

(10) transfer from a position in one department to a

position in another department involving similar

qualifications, duties, responsibilities and salary.

(11) procedures for authorized reinstatement within one

year of persons who resign in good standing.

(12) layoff by reason of lack of funds or work or abolition

of the position, or material changes in duties or

organization, and for the layoff of nontenured employees

first, and for the reemployment of permanent employees so laid

off, giving consideration in both layoff and reemployment to

performance record and seniority in service.

(13) keeping records of performance of all employees in

the classified service.

(14) suspension, demotion or dismissal of an employee for

misconduct, inefficiency, incompetence, insubordination,

malfeasance or other unfitness to render effective service and

for the investigation and hearing of appeals of any employee

recommended for suspension, demotion or dismissal by a

department head for any of the foregoing reasons.

(15) establishment of a plan for resolving employee

grievances and complaints, including an appeals procedure.

(16) hours of work, holidays and attendance regulations,

and for annual, sick and special leaves of absence, with or

without pay, or at reduced pay.

(17) development of employee morale, safety and training

programs.

(18) establishment of a period of probation, the length of

which shall be determined by the complexity of the work

involved, but which shall not exceed one year without special

written approval from the commission.

(19) such other rules, not inconsistent with this

Division, as may be proper and necessary for its enforcement.

(Source: P.A. 86-962.)

Section 35. The Metropolitan Water Reclamation District

Act is amended by changing Section 11.15 as follows:

(70 ILCS 2605/11.15) (from Ch. 42, par. 331.15)

Sec. 11.15. No person shall be employed upon contracts for

work to be done by any such sanitary district unless he or she

is a citizen of the United States, a national of the United

States under Section 1401 of Title 8 of the United States Code,

a person an alien lawfully admitted for permanent residence

under Section 1101 of Title 8 of the United States Code, an

individual who has been granted asylum under Section 1158 of

Title 8 of the United States Code, or an individual who is

otherwise legally authorized to work in the United States.

(Source: P.A. 98-280, eff. 8-9-13; 99-231, eff. 8-3-15.)

Section 40. The Board of Higher Education Act is amended

by changing Section 9.16 as follows:

(110 ILCS 205/9.16) (from Ch. 144, par. 189.16)

Sec. 9.16. Underrepresentation of certain groups in higher

education. To require public institutions of higher education

to develop and implement methods and strategies to increase

the participation of minorities, women and individuals with

disabilities who are traditionally underrepresented in

education programs and activities. For the purpose of this

Section, minorities shall mean persons who are citizens of the

United States or lawful permanent residents resident aliens of

the United States and who are any of the following:

(1) American Indian or Alaska Native (a person having

origins in any of the original peoples of North and South

America, including Central America, and who maintains

tribal affiliation or community attachment).

(2) Asian (a person having origins in any of the

original peoples of the Far East, Southeast Asia, or the

Indian subcontinent, including, but not limited to,

Cambodia, China, India, Japan, Korea, Malaysia, Pakistan,

the Philippine Islands, Thailand, and Vietnam).

(3) Black or African American (a person having origins

in any of the black racial groups of Africa).

(4) Hispanic or Latino (a person of Cuban, Mexican,

Puerto Rican, South or Central American, or other Spanish

culture or origin, regardless of race).

(5) Native Hawaiian or Other Pacific Islander (a

person having origins in any of the original peoples of

Hawaii, Guam, Samoa, or other Pacific Islands).

The Board shall adopt any rules necessary to administer

this Section. The Board shall also do the following:

(a) require all public institutions of higher education to

develop and submit plans for the implementation of this

Section;

(b) conduct periodic review of public institutions of

higher education to determine compliance with this Section;

and if the Board finds that a public institution of higher

education is not in compliance with this Section, it shall

notify the institution of steps to take to attain compliance;

(c) provide advice and counsel pursuant to this Section;

(d) conduct studies of the effectiveness of methods and

strategies designed to increase participation of students in

education programs and activities in which minorities, women

and individuals with disabilities are traditionally

underrepresented, and monitor the success of students in such

education programs and activities;

(e) encourage minority student recruitment and retention

in colleges and universities. In implementing this paragraph,

the Board shall undertake but need not be limited to the

following: the establishment of guidelines and plans for

public institutions of higher education for minority student

recruitment and retention, the review and monitoring of

minority student programs implemented at public institutions

of higher education to determine their compliance with any

guidelines and plans so established, the determination of the

effectiveness and funding requirements of minority student

programs at public institutions of higher education, the

dissemination of successful programs as models, and the

encouragement of cooperative partnerships between community

colleges and local school attendance centers which are

experiencing difficulties in enrolling minority students in

four-year colleges and universities;

(f) mandate all public institutions of higher education to

submit data and information essential to determine compliance

with this Section. The Board shall prescribe the format and

the date for submission of this data and any other education

equity data; and

(g) report to the General Assembly and the Governor

annually with a description of the plans submitted by each

public institution of higher education for implementation of

this Section, including financial data relating to the most

recent fiscal year expenditures for specific minority

programs, the effectiveness of such plans and programs and the

effectiveness of the methods and strategies developed by the

Board in meeting the purposes of this Section, the degree of

compliance with this Section by each public institution of

higher education as determined by the Board pursuant to its

periodic review responsibilities, and the findings made by the

Board in conducting its studies and monitoring student success

as required by paragraph d) of this Section. With respect to

each public institution of higher education such report also

shall include, but need not be limited to, information with

respect to each institution's minority program budget

allocations; minority student admission, retention and

graduation statistics; admission, retention, and graduation

statistics of all students who are the first in their

immediate family to attend an institution of higher education;

number of financial assistance awards to undergraduate and

graduate minority students; and minority faculty

representation. This paragraph shall not be construed to

prohibit the Board from making, preparing or issuing

additional surveys or studies with respect to minority

education in Illinois.

(Source: P.A. 102-465, eff. 1-1-22.)

Section 45. The Dental Student Grant Act is amended by

changing Section 3.06 as follows:

(110 ILCS 925/3.06) (from Ch. 144, par. 1503.06)

Sec. 3.06. "Eligible dental student" means a person who

meets all of the following qualifications:

(a) That the individual is a resident of this State and a

citizen or lawful permanent resident alien of the United

States;

(b) That the individual has been accepted in a dental

school located in Illinois;

(c) That the individual exhibits financial need as

determined by the Department;

(d) That the individual has earned an educational diploma

at an institution of education located in this State or has

been a resident of the State for no less than 3 years prior to

applying for the grant;

(e) That the individual is a member of a racial minority as

defined in Section 3.07; and

(f) That the individual meets other qualifications which

shall be established by the Department.

(Source: P.A. 87-665.)

Section 50. The Diversifying Higher Education Faculty in

Illinois Act is amended by changing Sections 2 and 7 as

follows:

(110 ILCS 930/2) (from Ch. 144, par. 2302)

Sec. 2. Definitions. As used in this Act, unless the

context otherwise requires:

"Board" means the Board of Higher Education.

"DFI" means the Diversifying Higher Education Faculty in

Illinois Program of financial assistance to minorities who are

traditionally underrepresented as participants in

postsecondary education. The program shall assist them in

pursuing a graduate or professional degree and shall also

assist program graduates to find employment at an Illinois

institution of higher education, including a community

college, in a faculty or staff position.

"Program Board" means the entity created to administer the

grant program authorized by this Act.

"Qualified institution of higher education" means a

qualifying publicly or privately operated educational

institution located within Illinois (i) that offers

instruction leading toward or prerequisite to an academic or

professional degree beyond the baccalaureate degree, excluding

theological schools, and (ii) that is authorized to operate in

the State of Illinois.

"Racial minority" means a person who is a citizen of the

United States or a lawful permanent resident alien of the

United States and who is any of the following:

(1) American Indian or Alaska Native (a person having

origins in any of the original peoples of North and South

America, including Central America, and who maintains

tribal affiliation or community attachment).

(2) Asian (a person having origins in any of the

original peoples of the Far East, Southeast Asia, or the

Indian subcontinent, including, but not limited to,

Cambodia, China, India, Japan, Korea, Malaysia, Pakistan,

the Philippine Islands, Thailand, and Vietnam).

(3) Black or African American (a person having origins

in any of the black racial groups of Africa).

(4) Hispanic or Latino (a person of Cuban, Mexican,

Puerto Rican, South or Central American, or other Spanish

culture or origin, regardless of race).

(5) Native Hawaiian or Other Pacific Islander (a

person having origins in any of the original peoples of

Hawaii, Guam, Samoa, or other Pacific Islands).

(Source: P.A. 102-465, eff. 1-1-22.)

(110 ILCS 930/7) (from Ch. 144, par. 2307)

Sec. 7. Eligibility for DFI grants. An individual is

eligible for an award under the provisions of this Act when the

Program Board finds:

(a) That the individual is a resident of this State

and a citizen or lawful permanent resident alien of the

United States;

(b) That the individual is a member of a racial

minority as defined under the terms of this Act;

(c) That the individual has earned any educational

diploma at an institution of education located in this

State, or is a resident of the State for no less than three

years prior to applying for the grant, and the individual

must hold a baccalaureate degree from an institution of

higher learning;

(d) That the individual's financial resources are such

that, in the absence of a DFI grant, the individual will be

prevented from pursuing a graduate or professional degree

at a qualified institution of higher education of his or

her choice;

(e) That the individual has above average academic

ability to pursue a graduate or professional degree; and

(f) That the individual meets other qualifications

which shall be established by the Program Board.

Grant funds shall be awarded only to those persons

pursuing a graduate or professional degree program at a

qualified institution of higher education.

The Board shall by rule promulgate, pursuant to the

Illinois Administrative Procedure Act, precise standards to be

used by the Program Board to determine whether a program

applicant has above average academic ability to pursue a

graduate or professional degree.

(Source: P.A. 93-862, eff. 8-4-04.)

Section 55. The Higher Education Student Assistance Act is

amended by changing Sections 65.50 and 65.110 as follows:

(110 ILCS 947/65.50)

Sec. 65.50. Teacher training full-time undergraduate

scholarships.

(a) Five hundred new scholarships shall be provided each

year for qualified high school students or high school

graduates who desire to pursue full-time undergraduate studies

in teacher education at public or private universities or

colleges and community colleges in this State. The Commission,

in accordance with rules and regulations promulgated for this

program, shall provide funding and shall designate each year's

new recipients from among those applicants who qualify for

consideration by showing:

(1) that he or she is a resident of this State and a

citizen or a lawful permanent resident alien of the United

States;

(2) that he or she has successfully completed the

program of instruction at an approved high school or is a

student in good standing at such a school and is engaged in

a program that will be completed by the end of the academic

year, and in either event that his or her cumulative grade

average was or is in the upper 1/4 of the high school

class;

(3) that he or she has superior capacity to profit by a

higher education; and

(4) that he or she agrees to teach in Illinois schools

in accordance with subsection (b).

No rule or regulation promulgated by the State Board of

Education prior to the effective date of this amendatory Act

of 1993 pursuant to the exercise of any right, power, duty,

responsibility or matter of pending business transferred from

the State Board of Education to the Commission under this

Section shall be affected thereby, and all such rules and

regulations shall become the rules and regulations of the

Commission until modified or changed by the Commission in

accordance with law.

If in any year the number of qualified applicants exceeds

the number of scholarships to be awarded, the Commission shall

give priority in awarding scholarships to students in

financial need. The Commission shall consider factors such as

the applicant's family income, the size of the applicant's

family and the number of other children in the applicant's

family attending college in determining the financial need of

the individual.

Unless otherwise indicated, these scholarships shall be

good for a period of up to 4 years while the recipient is

enrolled for residence credit at a public or private

university or college or at a community college. The

scholarship shall cover tuition, fees and a stipend of $1,500

per year. For purposes of calculating scholarship awards for

recipients attending private universities or colleges, tuition

and fees for students at private colleges and universities

shall not exceed the average tuition and fees for students at

4-year public colleges and universities for the academic year

in which the scholarship is made.

(b) Upon graduation from or termination of enrollment in a

teacher education program, any person who accepted a

scholarship under the undergraduate scholarship program

continued by this Section, including persons whose graduation

or termination of enrollment occurred prior to the effective

date of this amendatory Act of 1993, shall teach in any school

in this State for at least 4 of the 7 years immediately

following his or her graduation or termination. If the

recipient spends up to 4 years in military service before or

after he or she graduates, the period of military service

shall be excluded from the computation of that 7 year period. A

recipient who is enrolled full-time in an academic program

leading to a graduate degree in education shall have the

period of graduate study excluded from the computation of that

7 year period.

Any person who fails to fulfill the teaching requirement

shall pay to the Commission an amount equal to one-fourth of

the scholarship received for each unfulfilled year of the

4-year teaching requirement, together with interest at 8% per

year on that amount. However, this obligation to repay does

not apply when the failure to fulfill the teaching requirement

results from involuntarily leaving the profession due to a

decrease in the number of teachers employed by the school

board or a discontinuation of a type of teaching service under

Section 24-12 of the School Code or from the death or

adjudication as incompetent of the person holding the

scholarship. No claim for repayment may be filed against the

estate of such a decedent or incompetent.

Each person applying for such a scholarship shall be

provided with a copy of this subsection at the time he or she

applies for the benefits of such scholarship.

(c) This Section is substantially the same as Sections

30-14.5 and 30-14.6 of the School Code, which are repealed by

this amendatory Act of 1993, and shall be construed as a

continuation of the teacher training undergraduate scholarship

program established by that prior law, and not as a new or

different teacher training undergraduate scholarship program.

The State Board of Education shall transfer to the Commission,

as the successor to the State Board of Education for all

purposes of administering and implementing the provisions of

this Section, all books, accounts, records, papers, documents,

contracts, agreements, and pending business in any way

relating to the teacher training undergraduate scholarship

program continued under this Section, and all scholarships at

any time awarded under that program by, and all applications

for any such scholarship at any time made to, the State Board

of Education shall be unaffected by the transfer to the

Commission of all responsibility for the administration and

implementation of the teacher training undergraduate

scholarship program continued under this Section. The State

Board of Education shall furnish to the Commission such other

information as the Commission may request to assist it in

administering this Section.

(Source: P.A. 88-228.)

(110 ILCS 947/65.110)

Sec. 65.110. Post-Master of Social Work School Social Work

Professional Educator License scholarship.

(a) Subject to appropriation, beginning with awards for

the 2022-2023 academic year, the Commission shall award

annually up to 250 Post-Master of Social Work School Social

Work Professional Educator License scholarships to a person

who:

(1) holds a valid Illinois-licensed clinical social

work license or social work license;

(2) has obtained a master's degree in social work from

an approved program;

(3) is a United States citizen or eligible noncitizen;

and

(4) submits an application to the Commission for such

scholarship and agrees to take courses to obtain an

Illinois Professional Educator License with an endorsement

in School Social Work.

(b) If an appropriation for this Section for a given

fiscal year is insufficient to provide scholarships to all

qualified applicants, the Commission shall allocate the

appropriation in accordance with this subsection (b). If funds

are insufficient to provide all qualified applicants with a

scholarship as authorized by this Section, the Commission

shall allocate the available scholarship funds for that fiscal

year to qualified applicants who submit a complete application

on or before a date specified by the Commission, based on the

following order of priority:

(1) firstly, to students who received a scholarship

under this Section in the prior academic year and who

remain eligible for a scholarship under this Section;

(2) secondly, to new, qualified applicants who are

members of a racial minority, as defined in subsection

(c); and

(3) finally, to other new, qualified applicants in

accordance with this Section.

(c) Scholarships awarded under this Section shall be

issued pursuant to rules adopted by the Commission. In

awarding scholarships, the Commission shall give priority to

those applicants who are members of a racial minority. Racial

minorities are underrepresented as school social workers in

elementary and secondary schools in this State, and the

General Assembly finds that it is in the interest of this State

to provide them with priority consideration for programs that

encourage their participation in this field and thereby foster

a profession that is more reflective of the diversity of

Illinois students and the parents they will serve. A more

reflective workforce in school social work allows improved

outcomes for students and a better utilization of services.

Therefore, the Commission shall give priority to those

applicants who are members of a racial minority. In this

subsection (c), "racial minority" means a person who is a

citizen of the United States or a lawful permanent resident

alien of the United States and who is:

(1) Black (a person having origins in any of the black

racial groups in Africa);

(2) Hispanic (a person of Spanish or Portuguese

culture with origins in Mexico, South or Central America,

or the Caribbean Islands, regardless of race);

(3) Asian American (a person having origins in any of

the original peoples of the Far East, Southeast Asia, the

Indian Subcontinent, or the Pacific Islands); or

(4) American Indian or Alaskan Native (a person having

origins in any of the original peoples of North America).

(d) Each scholarship shall be applied to the payment of

tuition and mandatory fees at the University of Illinois,

Southern Illinois University, Chicago State University,

Eastern Illinois University, Governors State University,

Illinois State University, Northeastern Illinois University,

Northern Illinois University, and Western Illinois University.

Each scholarship may be applied to pay tuition and mandatory

fees required to obtain an Illinois Professional Educator

License with an endorsement in School Social Work.

(e) The Commission shall make tuition and fee payments

directly to the qualified institution of higher learning that

the applicant attends.

(f) Any person who has accepted a scholarship under this

Section must, within one year after graduation or termination

of enrollment in a Post-Master of Social Work Professional

Education License with an endorsement in School Social Work

program, begin working as a school social worker at a public or

nonpublic not-for-profit preschool, elementary school, or

secondary school located in this State for at least 2 of the 5

years immediately following that graduation or termination,

excluding, however, from the computation of that 5-year

period: (i) any time up to 3 years spent in the military

service, whether such service occurs before or after the

person graduates; (ii) the time that person is a person with a

temporary total disability for a period of time not to exceed 3

years, as established by the sworn affidavit of a qualified

physician; and (iii) the time that person is seeking and

unable to find full-time employment as a school social worker

at a State public or nonpublic not-for-profit preschool,

elementary school, or secondary school.

(g) If a recipient of a scholarship under this Section

fails to fulfill the work obligation set forth in subsection

(f), the Commission shall require the recipient to repay the

amount of the scholarships received, prorated according to the

fraction of the obligation not completed, at a rate of

interest equal to 5%, and, if applicable, reasonable

collection fees. The Commission is authorized to establish

rules relating to its collection activities for repayment of

scholarships under this Section. All repayments collected

under this Section shall be forwarded to the State Comptroller

for deposit into this State's General Revenue Fund.

A recipient of a scholarship under this Section is not

considered to be in violation of the failure to fulfill the

work obligation under subsection (f) if the recipient (i)

enrolls on a full-time basis as a graduate student in a course

of study related to the field of social work at a qualified

Illinois institution of higher learning; (ii) is serving, not

in excess of 3 years, as a member of the armed services of the

United States; (iii) is a person with a temporary total

disability for a period of time not to exceed 3 years, as

established by the sworn affidavit of a qualified physician;

(iv) is seeking and unable to find full-time employment as a

school social worker at an Illinois public or nonpublic

not-for-profit preschool, elementary school, or secondary

school that satisfies the criteria set forth in subsection (f)

and is able to provide evidence of that fact; or (v) becomes a

person with a permanent total disability, as established by

the sworn affidavit of a qualified physician.

(Source: P.A. 102-621, eff. 1-1-22.)

Section 60. The Mental Health Graduate Education

Scholarship Act is amended by changing Section 20 as follows:

(110 ILCS 952/20)

Sec. 20. Scholarships.

(a) Beginning with the fall term of the 2009-2010 academic

year, the Department, in accordance with rules adopted by it

for this program, shall provide scholarships to individuals

selected from among those applicants who qualify for

consideration by showing all of the following:

(1) That the individual has been a resident of this

State for at least one year prior to application and is a

citizen or a lawful permanent resident alien of the United

States.

(2) That the individual enrolled in or accepted into a

mental health graduate program at an approved institution.

(3) That the individual agrees to meet the mental

health employment obligation.

(b) If in any year the number of qualified applicants

exceeds the number of scholarships to be awarded, the

Department shall, in consultation with the Advisory Council,

consider the following factors in granting priority in

awarding scholarships:

(1) Financial need, as shown on a standardized

financial needs assessment form used by an approved

institution.

(2) A student's merit, as shown through his or her

grade point average, class rank, and other academic and

extracurricular activities.

The Department may add to and further define these merit

criteria by rule.

(c) Unless otherwise indicated, scholarships shall be

awarded to recipients at approved institutions for a period of

up to 2 years if the recipient is enrolled in a master's degree

program and up to 4 years if the recipient is enrolled in a

doctoral degree program.

(Source: P.A. 96-672, eff. 8-25-09.)

Section 65. The Nursing Education Scholarship Law is

amended by changing Sections 5 and 6.5 as follows:

(110 ILCS 975/5) (from Ch. 144, par. 2755)

Sec. 5. Nursing education scholarships. Beginning with the

fall term of the 2004-2005 academic year, the Department, in

accordance with rules and regulations promulgated by it for

this program, shall provide scholarships to individuals

selected from among those applicants who qualify for

consideration by showing:

(1) that he or she has been a resident of this State

for at least one year prior to application, and is a

citizen or a lawful permanent resident alien of the United

States;

(2) that he or she is enrolled in or accepted for

admission to an associate degree in nursing program,

hospital-based diploma in nursing program, baccalaureate

degree in nursing program, graduate degree in nursing

program, or practical nursing program at an approved

institution; and

(3) that he or she agrees to meet the nursing

employment obligation.

If in any year the number of qualified applicants exceeds

the number of scholarships to be awarded, the Department

shall, in consultation with the Illinois Nursing Workforce

Center Advisory Board, consider the following factors in

granting priority in awarding scholarships:

(A) Financial need, as shown on a standardized

financial needs assessment form used by an approved

institution, of students who will pursue their

education on a full-time or close to full-time basis

and who already have a certificate in practical

nursing, a diploma in nursing, or an associate degree

in nursing and are pursuing a higher degree.

(B) A student's status as a registered nurse who

is pursuing a graduate degree in nursing to pursue

employment in an approved institution that educates

licensed practical nurses and that educates registered

nurses in undergraduate and graduate nursing programs.

(C) A student's merit, as shown through his or her

grade point average, class rank, and other academic

and extracurricular activities. The Department may add

to and further define these merit criteria by rule.

Unless otherwise indicated, scholarships shall be awarded

to recipients at approved institutions for a period of up to 2

years if the recipient is enrolled in an associate degree in

nursing program, up to 3 years if the recipient is enrolled in

a hospital-based diploma in nursing program, up to 4 years if

the recipient is enrolled in a baccalaureate degree in nursing

program, up to 5 years if the recipient is enrolled in a

graduate degree in nursing program, and up to one year if the

recipient is enrolled in a certificate in practical nursing

program. At least 40% of the scholarships awarded shall be for

recipients who are pursuing baccalaureate degrees in nursing,

30% of the scholarships awarded shall be for recipients who

are pursuing associate degrees in nursing or a diploma in

nursing, 10% of the scholarships awarded shall be for

recipients who are pursuing a certificate in practical

nursing, and 20% of the scholarships awarded shall be for

recipients who are pursuing a graduate degree in nursing.

Beginning with the fall term of the 2021-2022 academic

year and continuing through the 2024-2025 academic year,

subject to appropriation from the Hospital Licensure Fund, in

addition to any other funds available to the Department for

such scholarships, the Department may award a total of

$500,000 annually in scholarships under this Section.

(Source: P.A. 102-641, eff. 8-27-21.)

(110 ILCS 975/6.5)

Sec. 6.5. Nurse educator scholarships.

(a) Beginning with the fall term of the 2009-2010 academic

year, the Department shall provide scholarships to individuals

selected from among those applicants who qualify for

consideration by showing the following:

(1) that he or she has been a resident of this State

for at least one year prior to application and is a citizen

or a lawful permanent resident alien of the United States;

(2) that he or she is enrolled in or accepted for

admission to a graduate degree in nursing program at an

approved institution; and

(3) that he or she agrees to meet the nurse educator

employment obligation.

(b) If in any year the number of qualified applicants

exceeds the number of scholarships to be awarded under this

Section, the Department shall, in consultation with the

Illinois Nursing Workforce Center Advisory Board, consider the

following factors in granting priority in awarding

scholarships:

(1) Financial need, as shown on a standardized

financial needs assessment form used by an approved

institution, of students who will pursue their education

on a full-time or close to full-time basis and who already

have a diploma in nursing and are pursuing a higher

degree.

(2) A student's status as a registered nurse who is

pursuing a graduate degree in nursing to pursue employment

in an approved institution that educates licensed

practical nurses and that educates registered nurses in

undergraduate and graduate nursing programs.

(3) A student's merit, as shown through his or her

grade point average, class rank, experience as a nurse,

including supervisory experience, experience as a nurse in

the United States military, and other academic and

extracurricular activities.

(c) Unless otherwise indicated, scholarships under this

Section shall be awarded to recipients at approved

institutions for a period of up to 3 years.

(d) Within 12 months after graduation from a graduate

degree in nursing program for nurse educators, any recipient

who accepted a scholarship under this Section shall begin

meeting the required nurse educator employment obligation. In

order to defer his or her continuous employment obligation, a

recipient must request the deferment in writing from the

Department. A recipient shall receive a deferment if he or she

notifies the Department, within 30 days after enlisting, that

he or she is spending up to 4 years in military service. A

recipient shall receive a deferment if he or she notifies the

Department, within 30 days after enrolling, that he or she is

enrolled in an academic program leading to a graduate degree

in nursing. The recipient must begin meeting the required

nurse educator employment obligation no later than 6 months

after the end of the deferment or deferments.

Any person who fails to fulfill the nurse educator

employment obligation shall pay to the Department an amount

equal to the amount of scholarship funds received per year for

each unfulfilled year of the nurse educator employment

obligation, together with interest at 7% per year on the

unpaid balance. Payment must begin within 6 months following

the date of the occurrence initiating the repayment. All

repayments must be completed within 6 years from the date of

the occurrence initiating the repayment. However, this

repayment obligation may be deferred and re-evaluated every 6

months when the failure to fulfill the nurse educator

employment obligation results from involuntarily leaving the

profession due to a decrease in the number of nurses employed

in this State or when the failure to fulfill the nurse educator

employment obligation results from total and permanent

disability. The repayment obligation shall be excused if the

failure to fulfill the nurse educator employment obligation

results from the death or adjudication as incompetent of the

person holding the scholarship. No claim for repayment may be

filed against the estate of such a decedent or incompetent.

The Department may allow a nurse educator employment

obligation fulfillment alternative if the nurse educator

scholarship recipient is unsuccessful in finding work as a

nurse educator. The Department shall maintain a database of

all available nurse educator positions in this State.

(e) Each person applying for a scholarship under this

Section must be provided with a copy of this Section at the

time of application for the benefits of this scholarship.

(f) Rulemaking authority to implement this amendatory Act

of the 96th General Assembly, if any, is conditioned on the

rules being adopted in accordance with all provisions of the

Illinois Administrative Procedure Act and all rules and

procedures of the Joint Committee on Administrative Rules; any

purported rule not so adopted, for whatever reason, is

unauthorized.

(Source: P.A. 100-513, eff. 1-1-18.)

Section 70. The Comprehensive Health Insurance Plan Act is

amended by changing Section 7 as follows:

(215 ILCS 105/7) (from Ch. 73, par. 1307)

Sec. 7. Eligibility.

a. Except as provided in subsection (e) of this Section or

in Section 15 of this Act, any person who is either a citizen

of the United States or an individual an alien lawfully

admitted for permanent residence and who has been for a period

of at least 180 days and continues to be a resident of this

State shall be eligible for Plan coverage under this Section

if evidence is provided of:

(1) A notice of rejection or refusal to issue

substantially similar individual health insurance coverage

for health reasons by a health insurance issuer;

(2) A refusal by a health insurance issuer to issue

individual health insurance coverage except at a rate

exceeding the applicable Plan rate for which the person is

responsible; or

(3) The absence of available health insurance coverage

for a person under 19 years of age.

A rejection or refusal by a group health plan or health

insurance issuer offering only stop-loss or excess of loss

insurance or contracts, agreements, or other arrangements for

reinsurance coverage with respect to the applicant shall not

be sufficient evidence under this subsection.

b. The Board shall promulgate a list of medical or health

conditions for which a person who is either a citizen of the

United States or an individual an alien lawfully admitted for

permanent residence and a resident of this State would be

eligible for Plan coverage without applying for health

insurance coverage pursuant to subsection a. of this Section.

Persons who can demonstrate the existence or history of any

medical or health conditions on the list promulgated by the

Board shall not be required to provide the evidence specified

in subsection a. of this Section. The list shall be effective

on the first day of the operation of the Plan and may be

amended from time to time as appropriate.

c. Family members of the same household who each are

covered persons are eligible for optional family coverage

under the Plan.

d. For persons qualifying for coverage in accordance with

Section 7 of this Act, the Board shall, if it determines that

such appropriations as are made pursuant to Section 12 of this

Act are insufficient to allow the Board to accept all of the

eligible persons which it projects will apply for enrollment

under the Plan, limit or close enrollment to ensure that the

Plan is not over-subscribed and that it has sufficient

resources to meet its obligations to existing enrollees. The

Board shall not limit or close enrollment for federally

eligible individuals.

e. A person shall not be eligible for coverage under the

Plan if:

(1) He or she has or obtains other coverage under a

group health plan or health insurance coverage

substantially similar to or better than a Plan policy as

an insured or covered dependent or would be eligible to

have that coverage if he or she elected to obtain it.

Persons otherwise eligible for Plan coverage may, however,

solely for the purpose of having coverage for a

pre-existing condition, maintain other coverage only while

satisfying any pre-existing condition waiting period under

a Plan policy or a subsequent replacement policy of a Plan

policy.

(1.1) His or her prior coverage under a group health

plan or health insurance coverage, provided or arranged by

an employer of more than 10 employees was discontinued for

any reason without the entire group or plan being

discontinued and not replaced, provided he or she remains

an employee, or dependent thereof, of the same employer.

(2) He or she is a recipient of or is approved to

receive medical assistance, except that a person may

continue to receive medical assistance through the medical

assistance no grant program, but only while satisfying the

requirements for a preexisting condition under Section 8,

subsection f. of this Act. Payment of premiums pursuant to

this Act shall be allocable to the person's spenddown for

purposes of the medical assistance no grant program, but

that person shall not be eligible for any Plan benefits

while that person remains eligible for medical assistance.

If the person continues to receive or be approved to

receive medical assistance through the medical assistance

no grant program at or after the time that requirements

for a preexisting condition are satisfied, the person

shall not be eligible for coverage under the Plan. In that

circumstance, coverage under the Plan shall terminate as

of the expiration of the preexisting condition limitation

period. Under all other circumstances, coverage under the

Plan shall automatically terminate as of the effective

date of any medical assistance.

(3) Except as provided in Section 15, the person has

previously participated in the Plan and voluntarily

terminated Plan coverage, unless 12 months have elapsed

since the person's latest voluntary termination of

coverage.

(4) The person fails to pay the required premium under

the covered person's terms of enrollment and

participation, in which event the liability of the Plan

shall be limited to benefits incurred under the Plan for

the time period for which premiums had been paid and the

covered person remained eligible for Plan coverage.

(5) The Plan has paid a total of $5,000,000 in

benefits on behalf of the covered person.

(6) The person is a resident of a public institution.

(7) The person's premium is paid for or reimbursed

under any government sponsored program or by any

government agency or health care provider, except as an

otherwise qualifying full-time employee, or dependent of

such employee, of a government agency or health care

provider or, except when a person's premium is paid by the

U.S. Treasury Department pursuant to the federal Trade Act

of 2002.

(8) The person has or later receives other benefits or

funds from any settlement, judgement, or award resulting

from any accident or injury, regardless of the date of the

accident or injury, or any other circumstances creating a

legal liability for damages due that person by a third

party, whether the settlement, judgment, or award is in

the form of a contract, agreement, or trust on behalf of a

minor or otherwise and whether the settlement, judgment,

or award is payable to the person, his or her dependent,

estate, personal representative, or guardian in a lump sum

or over time, so long as there continues to be benefits or

assets remaining from those sources in an amount in excess

of $300,000.

(9) Within the 5 years prior to the date a person's

Plan application is received by the Board, the person's

coverage under any health care benefit program as defined

in 18 U.S.C. 24, including any public or private plan or

contract under which any medical benefit, item, or service

is provided, was terminated as a result of any act or

practice that constitutes fraud under State or federal law

or as a result of an intentional misrepresentation of

material fact; or if that person knowingly and willfully

obtained or attempted to obtain, or fraudulently aided or

attempted to aid any other person in obtaining, any

coverage or benefits under the Plan to which that person

was not entitled.

f. The Board or the administrator shall require

verification of residency and may require any additional

information or documentation, or statements under oath, when

necessary to determine residency upon initial application and

for the entire term of the policy.

g. Coverage shall cease (i) on the date a person is no

longer a resident of Illinois, (ii) on the date a person

requests coverage to end, (iii) upon the death of the covered

person, (iv) on the date State law requires cancellation of

the policy, or (v) at the Plan's option, 30 days after the Plan

makes any inquiry concerning a person's eligibility or place

of residence to which the person does not reply.

h. Except under the conditions set forth in subsection g

of this Section, the coverage of any person who ceases to meet

the eligibility requirements of this Section shall be

terminated at the end of the current policy period for which

the necessary premiums have been paid.

(Source: P.A. 96-938, eff. 6-24-10; 97-661, eff. 1-13-12.)

Section 75. The Hearing Instrument Consumer Protection Act

is amended by changing Section 8 as follows:

(225 ILCS 50/8) (from Ch. 111, par. 7408)

(Section scheduled to be repealed on January 1, 2026)

Sec. 8. Applicant qualifications; examination.

(a) In order to protect persons who are deaf or hard of

hearing, the Department shall authorize or shall conduct an

appropriate examination, which may be the International

Hearing Society's licensure examination, for persons who

dispense, test, select, recommend, fit, or service hearing

instruments. The frequency of holding these examinations shall

be determined by the Department by rule. Those who

successfully pass such an examination shall be issued a

license as a hearing instrument dispenser, which shall be

effective for a 2-year period.

(b) Applicants shall be:

(1) at least 18 years of age;

(2) of good moral character;

(3) the holder of an associate's degree or the

equivalent;

(4) free of contagious or infectious disease; and

(5) a citizen or person lawfully present in the United

States person who has the status as a legal alien.

Felony convictions of the applicant and findings against

the applicant involving matters set forth in Sections 17 and

18 shall be considered in determining moral character, but

such a conviction or finding shall not make an applicant

ineligible to register for examination.

(c) Prior to engaging in the practice of fitting,

dispensing, or servicing hearing instruments, an applicant

shall demonstrate, by means of written and practical

examinations, that such person is qualified to practice the

testing, selecting, recommending, fitting, selling, or

servicing of hearing instruments as defined in this Act. An

applicant must obtain a license within 12 months after passing

either the written or practical examination, whichever is

passed first, or must take and pass those examinations again

in order to be eligible to receive a license.

The Department shall, by rule, determine the conditions

under which an individual is examined.

(d) Proof of having met the minimum requirements of

continuing education as determined by the Board shall be

required of all license renewals. Pursuant to rule, the

continuing education requirements may, upon petition to the

Board, be waived in whole or in part if the hearing instrument

dispenser can demonstrate that he or she served in the Coast

Guard or Armed Forces, had an extreme hardship, or obtained

his or her license by examination or endorsement within the

preceding renewal period.

(e) Persons applying for an initial license must

demonstrate having earned, at a minimum, an associate degree

or its equivalent from an accredited institution of higher

education that is recognized by the U.S. Department of

Education or that meets the U.S. Department of Education

equivalency as determined through a National Association of

Credential Evaluation Services (NACES) member, and meet the

other requirements of this Section. In addition, the applicant

must demonstrate the successful completion of (1) 12 semester

hours or 18 quarter hours of academic undergraduate course

work in an accredited institution consisting of 3 semester

hours of anatomy and physiology of the hearing mechanism, 3

semester hours of hearing science, 3 semester hours of

introduction to audiology, and 3 semester hours of aural

rehabilitation, or the quarter hour equivalent or (2) an

equivalent program as determined by the Department that is

consistent with the scope of practice of a hearing instrument

dispenser as defined in Section 3 of this Act. Persons

licensed before January 1, 2003 who have a valid license on

that date may have their license renewed without meeting the

requirements of this subsection.

(Source: P.A. 98-827, eff. 1-1-15; 99-204, eff. 7-30-15;

99-847, eff. 8-19-16.)

Section 80. The Illinois Public Aid Code is amended by

changing Section 5-3 as follows:

(305 ILCS 5/5-3) (from Ch. 23, par. 5-3)

Sec. 5-3. Residence.) Any person who has established his

residence in this State and lives therein, including any

person who is a migrant worker, may qualify for medical

assistance. A person who, while temporarily in this State,

suffers injury or illness endangering his life and health and

necessitating emergency care, may also qualify.

Temporary absence from the State shall not disqualify a

person from maintaining his eligibility under this Article.

As used in this Section, "migrant worker" means any person

residing temporarily and employed in Illinois who moves

seasonally from one place to another for the purpose of

employment in agricultural activities, including the planting,

raising or harvesting of any agricultural or horticultural

commodities and the handling, packing or processing of such

commodities on the farm where produced or at the point of first

processing, in animal husbandry, or in other activities

connected with the care of animals. Dependents of such person

shall be considered eligible if they are living with the

person during his or her temporary residence and employment in

Illinois.

In order to be eligible for medical assistance under this

section, each migrant worker shall show proof of citizenship

or legal immigration alien status.

(Source: P.A. 81-746.)

Section 85. The Service Member Employment and Reemployment

Rights Act is amended by changing Section 1-10 as follows:

(330 ILCS 61/1-10)

Sec. 1-10. Definitions. As used in this Act:

"Accrue" means to accumulate in regular or increasing

amounts over time subject to customary allocation of cost.

"Active duty" means any full-time military service

regardless of length or voluntariness including, but not

limited to, annual training, full-time National Guard duty,

and State active duty. "Active duty" does not include any form

of inactive duty service such as drill duty or muster duty.

"Active duty", unless provided otherwise, includes active duty

without pay.

"Active service" means all forms of active and inactive

duty regardless of voluntariness including, but not limited

to, annual training, active duty for training, initial active

duty training, overseas training duty, full-time National

Guard duty, active duty other than training, State active

duty, mobilizations, and muster duty. "Active service", unless

provided otherwise, includes active service without pay.

"Active service" includes:

(1) Reserve component voluntary active service means

service under one of the following authorities:

(A) any duty under 32 U.S.C. 502(f)(1)(B);

(B) active guard reserve duty, operational

support, or additional duty under 10 U.S.C. 12301(d)

or 32 U.S.C. 502(f)(1)(B);

(C) funeral honors under 10 U.S.C. 12503 or 32

U.S.C. 115;

(D) duty at the National Guard Bureau under 10

U.S.C. 12402;

(E) unsatisfactory participation under 10 U.S.C.

10148 or 10 U.S.C. 12303;

(F) discipline under 10 U.S.C. 802(d);

(G) extended active duty under 10 U.S.C. 12311;

and

(H) reserve program administrator under 10 U.S.C.

10211.

(2) Reserve component involuntary active service

includes, but is not limited to, service under one of the

following authorities:

(A) annual training or drill requirements under 10

U.S.C. 10147, 10 U.S.C. 12301(b) or 32 U.S.C. 502(a).

(B) additional training duty or other duty under

32 U.S.C. 502(f)(1)(A);

(C) pre-planned or pre-programmed combatant

commander support under 10 U.S.C. 12304b;

(D) mobilization under 10 U.S.C. 12301(a) or 10

U.S.C. 12302;

(E) presidential reserve call-up under 10 U.S.C.

12304;

(F) emergencies and natural disasters under 10

U.S.C. 12304a or 14 U.S.C. 712;

(G) muster duty under 10 U.S.C. 12319;

(H) retiree recall under 10 U.S.C. 688;

(I) captive status under 10 U.S.C. 12301(g);

(J) insurrection under 10 U.S.C. 331, 10 U.S.C.

332, or 10 U.S.C. 12406;

(K) pending line of duty determination for

response to sexual assault under 10 U.S.C. 12323; and

(L) initial active duty for training under 10

U.S.C. 671.

Reserve component active service not listed in paragraph

(1) or (2) shall be considered involuntary active service

under paragraph (2).

"Active service without pay" means active service

performed under any authority in which base pay is not

received regardless of other allowances.

"Annual training" means any active duty performed under

Section 10147 or 12301(b) of Title 10 of the United States Code

or under Section 502(a) of Title 32 of the United States Code.

"Base pay" means the main component of military pay,

whether active or inactive, based on rank and time in service.

It does not include the addition of conditional funds for

specific purposes such as allowances, incentive and special

pay. Base pay, also known as basic pay, can be determined by

referencing the appropriate military pay chart covering the

time period in question located on the federal Defense Finance

and Accounting Services website or as reflected on a federal

Military Leave and Earnings Statement.

"Benefits" includes, but is not limited to, the terms,

conditions, or privileges of employment, including any

advantage, profit, privilege, gain, status, account, or

interest, including wages or salary for work performed, that

accrues by reason of an employment contract or agreement or an

employer policy, plan, or practice and includes rights and

benefits under a pension plan, a health plan, an employee

stock ownership plan, insurance coverage and awards, bonuses,

severance pay, supplemental unemployment benefits, vacations,

and the opportunity to select work hours or location of

employment.

"Differential compensation" means pay due when the

employee's daily rate of compensation for military service is

less than his or her daily rate of compensation as a public

employee.

"Employee" means anyone employed by an employer.

"Employee" includes any person who is a citizen, national, or

permanent resident alien of the United States employed in a

workplace that the State has legal authority to regulate

business and employment. "Employee" does not include an

independent contractor.

"Employer" means any person, institution, organization, or

other entity that pays salary or wages for work performed or

that has control over employment opportunities, including:

(1) a person, institution, organization, or other

entity to whom the employer has delegated the performance

of employment-related responsibilities;

(2) an employer of a public employee;

(3) any successor in interest to a person,

institution, organization, or other entity referred to

under this definition; and

(4) a person, institution, organization, or other

entity that has been denied initial employment in

violation of Section 5-15.

"Inactive duty" means inactive duty training, including

drills, consisting of regularly scheduled unit training

assemblies, additional training assemblies, periods of

appropriate duty or equivalent training, and any special

additional duties authorized for reserve component personnel

by appropriate military authority. "Inactive duty" does not

include active duty.

"Military leave" means a furlough or leave of absence

while performing active service. It cannot be substituted for

accrued vacation, annual, or similar leave with pay except at

the sole discretion of the service member employee. It is not a

benefit of employment that is requested but a legal

requirement upon receiving notice of pending military service.

"Military service" means:

(1) Service in the Armed Forces of the United States,

the National Guard of any state or territory regardless of

status, and the State Guard as defined in the State Guard

Act. "Military service", whether active or reserve,

includes service under the authority of U.S.C. Titles 10,

14, or 32, or State active duty.

(2) Service in a federally recognized auxiliary of the

United States Armed Forces when performing official duties

in support of military or civilian authorities as a result

of an emergency.

(3) A period for which an employee is absent from a

position of employment for the purpose of medical or

dental treatment for a condition, illness, or injury

sustained or aggravated during a period of active service

in which treatment is paid by the United States Department

of Defense Military Health System.

"Public employee" means any person classified as a

full-time employee of the State of Illinois, a unit of local

government, a public institution of higher education as

defined in Section 1 of the Board of Higher Education Act, or a

school district, other than an independent contractor.

"Reserve component" means the reserve components of

Illinois and the United States Armed Forces regardless of

status.

"Service member" means any person who is a member of a

military service.

"State active duty" means full-time State-funded military

duty under the command and control of the Governor and subject

to the Military Code of Illinois.

"Unit of local government" means any city, village, town,

county, or special district.

(Source: P.A. 100-1101, eff. 1-1-19.)

Section 90. The Firearm Owners Identification Card Act is

amended by changing Sections 1.1, 4, and 8 as follows:

(430 ILCS 65/1.1) (from Ch. 38, par. 83-1.1)

Sec. 1.1. For purposes of this Act:

"Addicted to narcotics" means a person who has been:

(1) convicted of an offense involving the use or

possession of cannabis, a controlled substance, or

methamphetamine within the past year; or

(2) determined by the Illinois State Police to be

addicted to narcotics based upon federal law or federal

guidelines.

"Addicted to narcotics" does not include possession or use

of a prescribed controlled substance under the direction and

authority of a physician or other person authorized to

prescribe the controlled substance when the controlled

substance is used in the prescribed manner.

"Adjudicated as a person with a mental disability" means

the person is the subject of a determination by a court, board,

commission or other lawful authority that the person, as a

result of marked subnormal intelligence, or mental illness,

mental impairment, incompetency, condition, or disease:

(1) presents a clear and present danger to himself,

herself, or to others;

(2) lacks the mental capacity to manage his or her own

affairs or is adjudicated a person with a disability as

defined in Section 11a-2 of the Probate Act of 1975;

(3) is not guilty in a criminal case by reason of

insanity, mental disease or defect;

(3.5) is guilty but mentally ill, as provided in

Section 5-2-6 of the Unified Code of Corrections;

(4) is incompetent to stand trial in a criminal case;

(5) is not guilty by reason of lack of mental

responsibility under Articles 50a and 72b of the Uniform

Code of Military Justice, 10 U.S.C. 850a, 876b;

(6) is a sexually violent person under subsection (f)

of Section 5 of the Sexually Violent Persons Commitment

Act;

(7) is a sexually dangerous person under the Sexually

Dangerous Persons Act;

(8) is unfit to stand trial under the Juvenile Court

Act of 1987;

(9) is not guilty by reason of insanity under the

Juvenile Court Act of 1987;

(10) is subject to involuntary admission as an

inpatient as defined in Section 1-119 of the Mental Health

and Developmental Disabilities Code;

(11) is subject to involuntary admission as an

outpatient as defined in Section 1-119.1 of the Mental

Health and Developmental Disabilities Code;

(12) is subject to judicial admission as set forth in

Section 4-500 of the Mental Health and Developmental

Disabilities Code; or

(13) is subject to the provisions of the Interstate

Agreements on Sexually Dangerous Persons Act.

"Clear and present danger" means a person who:

(1) communicates a serious threat of physical violence

against a reasonably identifiable victim or poses a clear

and imminent risk of serious physical injury to himself,

herself, or another person as determined by a physician,

clinical psychologist, or qualified examiner; or

(2) demonstrates threatening physical or verbal

behavior, such as violent, suicidal, or assaultive

threats, actions, or other behavior, as determined by a

physician, clinical psychologist, qualified examiner,

school administrator, or law enforcement official.

"Clinical psychologist" has the meaning provided in

Section 1-103 of the Mental Health and Developmental

Disabilities Code.

"Controlled substance" means a controlled substance or

controlled substance analog as defined in the Illinois

Controlled Substances Act.

"Counterfeit" means to copy or imitate, without legal

authority, with intent to deceive.

"Federally licensed firearm dealer" means a person who is

licensed as a federal firearms dealer under Section 923 of the

federal Gun Control Act of 1968 (18 U.S.C. 923).

"Firearm" means any device, by whatever name known, which

is designed to expel a projectile or projectiles by the action

of an explosion, expansion of gas or escape of gas; excluding,

however:

(1) any pneumatic gun, spring gun, paint ball gun, or

B-B gun which expels a single globular projectile not

exceeding .18 inch in diameter or which has a maximum

muzzle velocity of less than 700 feet per second;

(1.1) any pneumatic gun, spring gun, paint ball gun,

or B-B gun which expels breakable paint balls containing

washable marking colors;

(2) any device used exclusively for signaling or

safety and required or recommended by the United States

Coast Guard or the Interstate Commerce Commission;

(3) any device used exclusively for the firing of stud

cartridges, explosive rivets or similar industrial

ammunition; and

(4) an antique firearm (other than a machine-gun)

which, although designed as a weapon, the Illinois State

Police finds by reason of the date of its manufacture,

value, design, and other characteristics is primarily a

collector's item and is not likely to be used as a weapon.

"Firearm ammunition" means any self-contained cartridge or

shotgun shell, by whatever name known, which is designed to be

used or adaptable to use in a firearm; excluding, however:

(1) any ammunition exclusively designed for use with a

device used exclusively for signaling signalling or safety

and required or recommended by the United States Coast

Guard or the Interstate Commerce Commission; and

(2) any ammunition designed exclusively for use with a

stud or rivet driver or other similar industrial

ammunition.

"Gun show" means an event or function:

(1) at which the sale and transfer of firearms is the

regular and normal course of business and where 50 or more

firearms are displayed, offered, or exhibited for sale,

transfer, or exchange; or

(2) at which not less than 10 gun show vendors

display, offer, or exhibit for sale, sell, transfer, or

exchange firearms.

"Gun show" includes the entire premises provided for an

event or function, including parking areas for the event or

function, that is sponsored to facilitate the purchase, sale,

transfer, or exchange of firearms as described in this

Section. Nothing in this definition shall be construed to

exclude a gun show held in conjunction with competitive

shooting events at the World Shooting Complex sanctioned by a

national governing body in which the sale or transfer of

firearms is authorized under subparagraph (5) of paragraph (g)

of subsection (A) of Section 24-3 of the Criminal Code of 2012.

Unless otherwise expressly stated, "gun show" does not

include training or safety classes, competitive shooting

events, such as rifle, shotgun, or handgun matches, trap,

skeet, or sporting clays shoots, dinners, banquets, raffles,

or any other event where the sale or transfer of firearms is

not the primary course of business.

"Gun show promoter" means a person who organizes or

operates a gun show.

"Gun show vendor" means a person who exhibits, sells,

offers for sale, transfers, or exchanges any firearms at a gun

show, regardless of whether the person arranges with a gun

show promoter for a fixed location from which to exhibit,

sell, offer for sale, transfer, or exchange any firearm.

"Involuntarily admitted" has the meaning as prescribed in

Sections 1-119 and 1-119.1 of the Mental Health and

Developmental Disabilities Code.

"Mental health facility" means any licensed private

hospital or hospital affiliate, institution, or facility, or

part thereof, and any facility, or part thereof, operated by

the State or a political subdivision thereof which provides

provide treatment of persons with mental illness and includes

all hospitals, institutions, clinics, evaluation facilities,

mental health centers, colleges, universities, long-term care

facilities, and nursing homes, or parts thereof, which provide

treatment of persons with mental illness whether or not the

primary purpose is to provide treatment of persons with mental

illness.

"National governing body" means a group of persons who

adopt rules and formulate policy on behalf of a national

firearm sporting organization.

"Noncitizen" means a person who is not a citizen of the

United States, but is a person who is a foreign-born person who

lives in the United States, has not been naturalized, and is

still a citizen of a foreign country.

"Patient" means:

(1) a person who is admitted as an inpatient or

resident of a public or private mental health facility for

mental health treatment under Chapter III of the Mental

Health and Developmental Disabilities Code as an informal

admission, a voluntary admission, a minor admission, an

emergency admission, or an involuntary admission, unless

the treatment was solely for an alcohol abuse disorder; or

(2) a person who voluntarily or involuntarily receives

mental health treatment as an out-patient or is otherwise

provided services by a public or private mental health

facility, and who poses a clear and present danger to

himself, herself, or to others.

"Person with a developmental disability" means a person

with a disability which is attributable to any other condition

which results in impairment similar to that caused by an

intellectual disability and which requires services similar to

those required by persons with intellectual disabilities. The

disability must originate before the age of 18 years, be

expected to continue indefinitely, and constitute a

substantial disability. This disability results, in the

professional opinion of a physician, clinical psychologist, or

qualified examiner, in significant functional limitations in 3

or more of the following areas of major life activity:

(i) self-care;

(ii) receptive and expressive language;

(iii) learning;

(iv) mobility; or

(v) self-direction.

"Person with an intellectual disability" means a person

with a significantly subaverage general intellectual

functioning which exists concurrently with impairment in

adaptive behavior and which originates before the age of 18

years.

"Physician" has the meaning as defined in Section 1-120 of

the Mental Health and Developmental Disabilities Code.

"Protective order" means any orders of protection issued

under the Illinois Domestic Violence Act of 1986, stalking no

contact orders issued under the Stalking No Contact Order Act,

civil no contact orders issued under the Civil No Contact

Order Act, and firearms restraining orders issued under the

Firearms Restraining Order Act.

"Qualified examiner" has the meaning provided in Section

1-122 of the Mental Health and Developmental Disabilities

Code.

"Sanctioned competitive shooting event" means a shooting

contest officially recognized by a national or state shooting

sport association, and includes any sight-in or practice

conducted in conjunction with the event.

"School administrator" means the person required to report

under the School Administrator Reporting of Mental Health

Clear and Present Danger Determinations Law.

"Stun gun or taser" has the meaning ascribed to it in

Section 24-1 of the Criminal Code of 2012.

(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;

revised 10-6-21.)

(430 ILCS 65/4) (from Ch. 38, par. 83-4)

Sec. 4. Application for Firearm Owner's Identification

Cards.

(a) Each applicant for a Firearm Owner's Identification

Card must:

(1) Submit an application as made available by the

Illinois State Police; and

(2) Submit evidence to the Illinois State Police that:

(i) This subparagraph (i) applies through the

180th day following July 12, 2019 (the effective date

of Public Act 101-80) this amendatory Act of the 101st

General Assembly. He or she is 21 years of age or over,

or if he or she is under 21 years of age that he or she

has the written consent of his or her parent or legal

guardian to possess and acquire firearms and firearm

ammunition and that he or she has never been convicted

of a misdemeanor other than a traffic offense or

adjudged delinquent, provided, however, that such

parent or legal guardian is not an individual

prohibited from having a Firearm Owner's

Identification Card and files an affidavit with the

Department as prescribed by the Department stating

that he or she is not an individual prohibited from

having a Card;

(i-5) This subparagraph (i-5) applies on and after

the 181st day following July 12, 2019 (the effective

date of Public Act 101-80) this amendatory Act of the

101st General Assembly. He or she is 21 years of age or

over, or if he or she is under 21 years of age that he

or she has never been convicted of a misdemeanor other

than a traffic offense or adjudged delinquent and is

an active duty member of the United States Armed

Forces or has the written consent of his or her parent

or legal guardian to possess and acquire firearms and

firearm ammunition, provided, however, that such

parent or legal guardian is not an individual

prohibited from having a Firearm Owner's

Identification Card and files an affidavit with the

Illinois State Police Department as prescribed by the

Illinois State Police Department stating that he or

she is not an individual prohibited from having a Card

or the active duty member of the United States Armed

Forces under 21 years of age annually submits proof to

the Illinois State Police, in a manner prescribed by

the Illinois State Police Department;

(ii) He or she has not been convicted of a felony

under the laws of this or any other jurisdiction;

(iii) He or she is not addicted to narcotics;

(iv) He or she has not been a patient in a mental

health facility within the past 5 years or, if he or

she has been a patient in a mental health facility more

than 5 years ago submit the certification required

under subsection (u) of Section 8 of this Act;

(v) He or she is not a person with an intellectual

disability;

(vi) He or she is not a noncitizen an alien who is

unlawfully present in the United States under the laws

of the United States;

(vii) He or she is not subject to an existing order

of protection prohibiting him or her from possessing a

firearm;

(viii) He or she has not been convicted within the

past 5 years of battery, assault, aggravated assault,

violation of an order of protection, or a

substantially similar offense in another jurisdiction,

in which a firearm was used or possessed;

(ix) He or she has not been convicted of domestic

battery, aggravated domestic battery, or a

substantially similar offense in another jurisdiction

committed before, on or after January 1, 2012 (the

effective date of Public Act 97-158). If the applicant

knowingly and intelligently waives the right to have

an offense described in this clause (ix) tried by a

jury, and by guilty plea or otherwise, results in a

conviction for an offense in which a domestic

relationship is not a required element of the offense

but in which a determination of the applicability of

18 U.S.C. 922(g)(9) is made under Section 112A-11.1 of

the Code of Criminal Procedure of 1963, an entry by the

court of a judgment of conviction for that offense

shall be grounds for denying the issuance of a Firearm

Owner's Identification Card under this Section;

(x) (Blank);

(xi) He or she is not a noncitizen an alien who has

been admitted to the United States under a

non-immigrant visa (as that term is defined in Section

101(a)(26) of the Immigration and Nationality Act (8

U.S.C. 1101(a)(26))), or that he or she is a

noncitizen an alien who has been lawfully admitted to

the United States under a non-immigrant visa if that

noncitizen alien is:

(1) admitted to the United States for lawful

hunting or sporting purposes;

(2) an official representative of a foreign

government who is:

(A) accredited to the United States

Government or the Government's mission to an

international organization having its

headquarters in the United States; or

(B) en route to or from another country to

which that noncitizen alien is accredited;

(3) an official of a foreign government or

distinguished foreign visitor who has been so

designated by the Department of State;

(4) a foreign law enforcement officer of a

friendly foreign government entering the United

States on official business; or

(5) one who has received a waiver from the

Attorney General of the United States pursuant to

18 U.S.C. 922(y)(3);

(xii) He or she is not a minor subject to a

petition filed under Section 5-520 of the Juvenile

Court Act of 1987 alleging that the minor is a

delinquent minor for the commission of an offense that

if committed by an adult would be a felony;

(xiii) He or she is not an adult who had been

adjudicated a delinquent minor under the Juvenile

Court Act of 1987 for the commission of an offense that

if committed by an adult would be a felony;

(xiv) He or she is a resident of the State of

Illinois;

(xv) He or she has not been adjudicated as a person

with a mental disability;

(xvi) He or she has not been involuntarily

admitted into a mental health facility; and

(xvii) He or she is not a person with a

developmental disability; and

(3) Upon request by the Illinois State Police, sign a

release on a form prescribed by the Illinois State Police

waiving any right to confidentiality and requesting the

disclosure to the Illinois State Police of limited mental

health institution admission information from another

state, the District of Columbia, any other territory of

the United States, or a foreign nation concerning the

applicant for the sole purpose of determining whether the

applicant is or was a patient in a mental health

institution and disqualified because of that status from

receiving a Firearm Owner's Identification Card. No mental

health care or treatment records may be requested. The

information received shall be destroyed within one year of

receipt.

(a-5) Each applicant for a Firearm Owner's Identification

Card who is over the age of 18 shall furnish to the Illinois

State Police either his or her Illinois driver's license

number or Illinois Identification Card number, except as

provided in subsection (a-10).

(a-10) Each applicant for a Firearm Owner's Identification

Card, who is employed as a law enforcement officer, an armed

security officer in Illinois, or by the United States Military

permanently assigned in Illinois and who is not an Illinois

resident, shall furnish to the Illinois State Police his or

her driver's license number or state identification card

number from his or her state of residence. The Illinois State

Police may adopt rules to enforce the provisions of this

subsection (a-10).

(a-15) If an applicant applying for a Firearm Owner's

Identification Card moves from the residence address named in

the application, he or she shall immediately notify in a form

and manner prescribed by the Illinois State Police of that

change of address.

(a-20) Each applicant for a Firearm Owner's Identification

Card shall furnish to the Illinois State Police his or her

photograph. An applicant who is 21 years of age or older

seeking a religious exemption to the photograph requirement

must furnish with the application an approved copy of United

States Department of the Treasury Internal Revenue Service

Form 4029. In lieu of a photograph, an applicant regardless of

age seeking a religious exemption to the photograph

requirement shall submit fingerprints on a form and manner

prescribed by the Illinois State Police Department with his or

her application.

(a-25) Beginning January 1, 2023, each applicant for the

issuance of a Firearm Owner's Identification Card may include

a full set of his or her fingerprints in electronic format to

the Illinois State Police, unless the applicant has previously

provided a full set of his or her fingerprints to the Illinois

State Police under this Act or the Firearm Concealed Carry

Act.

The fingerprints must be transmitted through a live scan

fingerprint vendor licensed by the Department of Financial and

Professional Regulation. The fingerprints shall be checked

against the fingerprint records now and hereafter filed in the

Illinois State Police and Federal Bureau of Investigation

criminal history records databases, including all available

State and local criminal history record information files.

The Illinois State Police shall charge applicants a

one-time fee for conducting the criminal history record check,

which shall be deposited into the State Police Services Fund

and shall not exceed the actual cost of the State and national

criminal history record check.

(a-26) The Illinois State Police shall research, explore,

and report to the General Assembly by January 1, 2022 on the

feasibility of permitting voluntarily submitted fingerprints

obtained for purposes other than Firearm Owner's

Identification Card enforcement that are contained in the

Illinois State Police database for purposes of this Act.

(b) Each application form shall include the following

statement printed in bold type: "Warning: Entering false

information on an application for a Firearm Owner's

Identification Card is punishable as a Class 2 felony in

accordance with subsection (d-5) of Section 14 of the Firearm

Owners Identification Card Act.".

(c) Upon such written consent, pursuant to Section 4,

paragraph (a)(2)(i), the parent or legal guardian giving the

consent shall be liable for any damages resulting from the

applicant's use of firearms or firearm ammunition.

(Source: P.A. 101-80, eff. 7-12-19; 102-237, eff. 1-1-22;

102-538, eff. 8-20-21; revised 10-12-21.)

(430 ILCS 65/8) (from Ch. 38, par. 83-8)

Sec. 8. Grounds for denial and revocation. The Illinois

State Police has authority to deny an application for or to

revoke and seize a Firearm Owner's Identification Card

previously issued under this Act only if the Illinois State

Police Department finds that the applicant or the person to

whom such card was issued is or was at the time of issuance:

(a) A person under 21 years of age who has been

convicted of a misdemeanor other than a traffic offense or

adjudged delinquent;

(b) This subsection (b) applies through the 180th day

following July 12, 2019 (the effective date of Public Act

101-80) this amendatory Act of the 101st General Assembly.

A person under 21 years of age who does not have the

written consent of his parent or guardian to acquire and

possess firearms and firearm ammunition, or whose parent

or guardian has revoked such written consent, or where

such parent or guardian does not qualify to have a Firearm

Owner's Identification Card;

(b-5) This subsection (b-5) applies on and after the

181st day following July 12, 2019 (the effective date of

Public Act 101-80) this amendatory Act of the 101st

General Assembly. A person under 21 years of age who is not

an active duty member of the United States Armed Forces

and does not have the written consent of his or her parent

or guardian to acquire and possess firearms and firearm

ammunition, or whose parent or guardian has revoked such

written consent, or where such parent or guardian does not

qualify to have a Firearm Owner's Identification Card;

(c) A person convicted of a felony under the laws of

this or any other jurisdiction;

(d) A person addicted to narcotics;

(e) A person who has been a patient of a mental health

facility within the past 5 years or a person who has been a

patient in a mental health facility more than 5 years ago

who has not received the certification required under

subsection (u) of this Section. An active law enforcement

officer employed by a unit of government or a Department

of Corrections employee authorized to possess firearms who

is denied, revoked, or has his or her Firearm Owner's

Identification Card seized under this subsection (e) may

obtain relief as described in subsection (c-5) of Section

10 of this Act if the officer or employee did not act in a

manner threatening to the officer or employee, another

person, or the public as determined by the treating

clinical psychologist or physician, and the officer or

employee seeks mental health treatment;

(f) A person whose mental condition is of such a

nature that it poses a clear and present danger to the

applicant, any other person or persons, or the community;

(g) A person who has an intellectual disability;

(h) A person who intentionally makes a false statement

in the Firearm Owner's Identification Card application;

(i) A noncitizen An alien who is unlawfully present in

the United States under the laws of the United States;

(i-5) A noncitizen An alien who has been admitted to

the United States under a non-immigrant visa (as that term

is defined in Section 101(a)(26) of the Immigration and

Nationality Act (8 U.S.C. 1101(a)(26))), except that this

subsection (i-5) does not apply to any noncitizen alien

who has been lawfully admitted to the United States under

a non-immigrant visa if that noncitizen alien is:

(1) admitted to the United States for lawful

hunting or sporting purposes;

(2) an official representative of a foreign

government who is:

(A) accredited to the United States Government

or the Government's mission to an international

organization having its headquarters in the United

States; or

(B) en route to or from another country to

which that noncitizen alien is accredited;

(3) an official of a foreign government or

distinguished foreign visitor who has been so

designated by the Department of State;

(4) a foreign law enforcement officer of a

friendly foreign government entering the United States

on official business; or

(5) one who has received a waiver from the

Attorney General of the United States pursuant to 18

U.S.C. 922(y)(3);

(j) (Blank);

(k) A person who has been convicted within the past 5

years of battery, assault, aggravated assault, violation

of an order of protection, or a substantially similar

offense in another jurisdiction, in which a firearm was

used or possessed;

(l) A person who has been convicted of domestic

battery, aggravated domestic battery, or a substantially

similar offense in another jurisdiction committed before,

on or after January 1, 2012 (the effective date of Public

Act 97-158). If the applicant or person who has been

previously issued a Firearm Owner's Identification Card

under this Act knowingly and intelligently waives the

right to have an offense described in this paragraph (l)

tried by a jury, and by guilty plea or otherwise, results

in a conviction for an offense in which a domestic

relationship is not a required element of the offense but

in which a determination of the applicability of 18 U.S.C.

922(g)(9) is made under Section 112A-11.1 of the Code of

Criminal Procedure of 1963, an entry by the court of a

judgment of conviction for that offense shall be grounds

for denying an application for and for revoking and

seizing a Firearm Owner's Identification Card previously

issued to the person under this Act;

(m) (Blank);

(n) A person who is prohibited from acquiring or

possessing firearms or firearm ammunition by any Illinois

State statute or by federal law;

(o) A minor subject to a petition filed under Section

5-520 of the Juvenile Court Act of 1987 alleging that the

minor is a delinquent minor for the commission of an

offense that if committed by an adult would be a felony;

(p) An adult who had been adjudicated a delinquent

minor under the Juvenile Court Act of 1987 for the

commission of an offense that if committed by an adult

would be a felony;

(q) A person who is not a resident of the State of

Illinois, except as provided in subsection (a-10) of

Section 4;

(r) A person who has been adjudicated as a person with

a mental disability;

(s) A person who has been found to have a

developmental disability;

(t) A person involuntarily admitted into a mental

health facility; or

(u) A person who has had his or her Firearm Owner's

Identification Card revoked or denied under subsection (e)

of this Section or item (iv) of paragraph (2) of

subsection (a) of Section 4 of this Act because he or she

was a patient in a mental health facility as provided in

subsection (e) of this Section, shall not be permitted to

obtain a Firearm Owner's Identification Card, after the

5-year period has lapsed, unless he or she has received a

mental health evaluation by a physician, clinical

psychologist, or qualified examiner as those terms are

defined in the Mental Health and Developmental

Disabilities Code, and has received a certification that

he or she is not a clear and present danger to himself,

herself, or others. The physician, clinical psychologist,

or qualified examiner making the certification and his or

her employer shall not be held criminally, civilly, or

professionally liable for making or not making the

certification required under this subsection, except for

willful or wanton misconduct. This subsection does not

apply to a person whose firearm possession rights have

been restored through administrative or judicial action

under Section 10 or 11 of this Act.

Upon revocation of a person's Firearm Owner's

Identification Card, the Illinois State Police shall provide

notice to the person and the person shall comply with Section

9.5 of this Act.

(Source: P.A. 101-80, eff. 7-12-19; 102-538, eff. 8-20-21;

102-645, eff. 1-1-22; revised 10-14-21.)

Section 95. The Criminal Code of 2012 is amended by

changing Section 17-6.5 as follows:

(720 ILCS 5/17-6.5)

Sec. 17-6.5. Persons under deportation order;

ineligibility for benefits.

(a) An individual against whom a United States Immigration

Judge has issued an order of deportation which has been

affirmed by the Board of Immigration Review, as well as an

individual who appeals such an order pending appeal, under

paragraph 19 of Section 241(a) of the Immigration and

Nationality Act relating to persecution of others on account

of race, religion, national origin or political opinion under

the direction of or in association with the Nazi government of

Germany or its allies, shall be ineligible for the following

benefits authorized by State law:

(1) The homestead exemptions and homestead improvement

exemption under Sections 15-170, 15-175, 15-176, and

15-180 of the Property Tax Code.

(2) Grants under the Senior Citizens and Persons with

Disabilities Property Tax Relief Act.

(3) The double income tax exemption conferred upon

persons 65 years of age or older by Section 204 of the

Illinois Income Tax Act.

(4) Grants provided by the Department on Aging.

(5) Reductions in vehicle registration fees under

Section 3-806.3 of the Illinois Vehicle Code.

(6) Free fishing and reduced fishing license fees

under Sections 20-5 and 20-40 of the Fish and Aquatic Life

Code.

(7) Tuition free courses for senior citizens under the

Senior Citizen Courses Act.

(8) Any benefits under the Illinois Public Aid Code.

(b) If a person has been found by a court to have knowingly

received benefits in violation of subsection (a) and:

(1) the total monetary value of the benefits received

is less than $150, the person is guilty of a Class A

misdemeanor; a second or subsequent violation is a Class 4

felony;

(2) the total monetary value of the benefits received

is $150 or more but less than $1,000, the person is guilty

of a Class 4 felony; a second or subsequent violation is a

Class 3 felony;

(3) the total monetary value of the benefits received

is $1,000 or more but less than $5,000, the person is

guilty of a Class 3 felony; a second or subsequent

violation is a Class 2 felony;

(4) the total monetary value of the benefits received

is $5,000 or more but less than $10,000, the person is

guilty of a Class 2 felony; a second or subsequent

violation is a Class 1 felony; or

(5) the total monetary value of the benefits received

is $10,000 or more, the person is guilty of a Class 1

felony.

(c) For purposes of determining the classification of an

offense under this Section, all of the monetary value of the

benefits received as a result of the unlawful act, practice,

or course of conduct may be accumulated.

(d) Any grants awarded to persons described in subsection

(a) may be recovered by the State of Illinois in a civil action

commenced by the Attorney General in the circuit court of

Sangamon County or the State's Attorney of the county of

residence of the person described in subsection (a).

(e) An individual described in subsection (a) who has been

deported shall be restored to any benefits which that

individual has been denied under State law pursuant to

subsection (a) if (i) the Attorney General of the United

States has issued an order cancelling deportation and has

adjusted the status of the individual to that of a person an

alien lawfully admitted for permanent residence in the United

States or (ii) the country to which the individual has been

deported adjudicates or exonerates the individual in a

judicial or administrative proceeding as not being guilty of

the persecution of others on account of race, religion,

national origin, or political opinion under the direction of

or in association with the Nazi government of Germany or its

allies.

(Source: P.A. 99-143, eff. 7-27-15.)

Section 100. The Prevention of Cigarette and Electronic

Cigarette Sales to Persons under 21 Years of Age Act is amended

by changing Section 2 as follows:

(720 ILCS 678/2)

Sec. 2. Definitions. For the purpose of this Act:

"Cigarette", when used in this Act, means any roll for

smoking made wholly or in part of tobacco irrespective of size

or shape and whether or not the tobacco is flavored,

adulterated, or mixed with any other ingredient, and the

wrapper or cover of which is made of paper or any other

substance or material except whole leaf tobacco.

"Clear and conspicuous statement" means the statement is

of sufficient type size to be clearly readable by the

recipient of the communication.

"Consumer" means an individual who acquires or seeks to

acquire cigarettes or electronic cigarettes for personal use.

"Delivery sale" means any sale of cigarettes or electronic

cigarettes to a consumer if:

(a) the consumer submits the order for such sale by

means of a telephone or other method of voice

transmission, the mails, or the Internet or other online

service, or the seller is otherwise not in the physical

presence of the buyer when the request for purchase or

order is made; or

(b) the cigarettes or electronic cigarettes are

delivered by use of a common carrier, private delivery

service, or the mails, or the seller is not in the physical

presence of the buyer when the buyer obtains possession of

the cigarettes or electronic cigarettes.

"Delivery service" means any person (other than a person

that makes a delivery sale) who delivers to the consumer the

cigarettes or electronic cigarettes sold in a delivery sale.

"Department" means the Department of Revenue.

"Electronic cigarette" means:

(1) any device that employs a battery or other

mechanism to heat a solution or substance to produce a

vapor or aerosol intended for inhalation;

(2) any cartridge or container of a solution or

substance intended to be used with or in the device or to

refill the device; or

(3) any solution or substance, whether or not it

contains nicotine, intended for use in the device.

"Electronic cigarette" includes, but is not limited to,

any electronic nicotine delivery system, electronic cigar,

electronic cigarillo, electronic pipe, electronic hookah, vape

pen, or similar product or device, and any component, part, or

accessory of a device used during the operation of the device,

even if the part or accessory was sold separately. "Electronic

cigarette" does not include: cigarettes, as defined in Section

1 of the Cigarette Tax Act; any product approved by the United

States Food and Drug Administration for sale as a tobacco

cessation product, a tobacco dependence product, or for other

medical purposes that is marketed and sold solely for that

approved purpose; any asthma inhaler prescribed by a physician

for that condition that is marketed and sold solely for that

approved purpose; any device that meets the definition of

cannabis paraphernalia under Section 1-10 of the Cannabis

Regulation and Tax Act; or any cannabis product sold by a

dispensing organization pursuant to the Cannabis Regulation

and Tax Act or the Compassionate Use of Medical Cannabis

Program Act.

"Government-issued identification" means a State driver's

license, State identification card, passport, a military

identification or an official naturalization or immigration

document, such as a permanent resident card an alien

registration recipient card (commonly known as a "green card")

or an immigrant visa.

"Mails" or "mailing" mean the shipment of cigarettes or

electronic cigarettes through the United States Postal

Service.

"Out-of-state sale" means a sale of cigarettes or

electronic cigarettes to a consumer located outside of this

State where the consumer submits the order for such sale by

means of a telephonic or other method of voice transmission,

the mails or any other delivery service, facsimile

transmission, or the Internet or other online service and

where the cigarettes or electronic cigarettes are delivered by

use of the mails or other delivery service.

"Person" means any individual, corporation, partnership,

limited liability company, association, or other organization

that engages in any for-profit or not-for-profit activities.

"Shipping package" means a container in which packs or

cartons of cigarettes or electronic cigarettes are shipped in

connection with a delivery sale.

"Shipping documents" means bills of lading, air bills, or

any other documents used to evidence the undertaking by a

delivery service to deliver letters, packages, or other

containers.

(Source: P.A. 102-575, eff. 1-1-22.)

Section 105. The Code of Criminal Procedure of 1963 is

amended by changing Section 113-8 as follows:

(725 ILCS 5/113-8)

Sec. 113-8. Advisement concerning status as a noncitizen

an alien.

(a) Before the acceptance of a plea of guilty, guilty but

mentally ill, or nolo contendere to a misdemeanor or felony

offense, the court shall give the following advisement to the

defendant in open court:

"If you are not a citizen of the United States, you are

hereby advised that conviction of the offense for which you

have been charged may have the consequence of deportation,

exclusion from admission to the United States, or denial of

naturalization under the laws of the United States.".

(b) If the defendant is arraigned on or after the

effective date of this amendatory Act of the 101st General

Assembly, and the court fails to advise the defendant as

required by subsection (a) of this Section, and the defendant

shows that conviction of the offense to which the defendant

pleaded guilty, guilty but mentally ill, or nolo contendere

may have the consequence for the defendant of deportation,

exclusion from admission to the United States, or denial of

naturalization under the laws of the United States, the court,

upon the defendant's motion, shall vacate the judgment and

permit the defendant to withdraw the plea of guilty, guilty

but mentally ill, or nolo contendere and enter a plea of not

guilty. The motion shall be filed within 2 years of the date of

the defendant's conviction.

(Source: P.A. 101-409, eff. 1-1-20.)

Section 110. The Unified Code of Corrections is amended by

changing Sections 3-2-2 and 5-5-3 as follows:

(730 ILCS 5/3-2-2) (from Ch. 38, par. 1003-2-2)

Sec. 3-2-2. Powers and duties of the Department.

(1) In addition to the powers, duties, and

responsibilities which are otherwise provided by law, the

Department shall have the following powers:

(a) To accept persons committed to it by the courts of

this State for care, custody, treatment, and

rehabilitation, and to accept federal prisoners and

noncitizens aliens over whom the Office of the Federal

Detention Trustee is authorized to exercise the federal

detention function for limited purposes and periods of

time.

(b) To develop and maintain reception and evaluation

units for purposes of analyzing the custody and

rehabilitation needs of persons committed to it and to

assign such persons to institutions and programs under its

control or transfer them to other appropriate agencies. In

consultation with the Department of Alcoholism and

Substance Abuse (now the Department of Human Services),

the Department of Corrections shall develop a master plan

for the screening and evaluation of persons committed to

its custody who have alcohol or drug abuse problems, and

for making appropriate treatment available to such

persons; the Department shall report to the General

Assembly on such plan not later than April 1, 1987. The

maintenance and implementation of such plan shall be

contingent upon the availability of funds.

(b-1) To create and implement, on January 1, 2002, a

pilot program to establish the effectiveness of

pupillometer technology (the measurement of the pupil's

reaction to light) as an alternative to a urine test for

purposes of screening and evaluating persons committed to

its custody who have alcohol or drug problems. The pilot

program shall require the pupillometer technology to be

used in at least one Department of Corrections facility.

The Director may expand the pilot program to include an

additional facility or facilities as he or she deems

appropriate. A minimum of 4,000 tests shall be included in

the pilot program. The Department must report to the

General Assembly on the effectiveness of the program by

January 1, 2003.

(b-5) To develop, in consultation with the Illinois

State Police, a program for tracking and evaluating each

inmate from commitment through release for recording his

or her gang affiliations, activities, or ranks.

(c) To maintain and administer all State correctional

institutions and facilities under its control and to

establish new ones as needed. Pursuant to its power to

establish new institutions and facilities, the Department

may, with the written approval of the Governor, authorize

the Department of Central Management Services to enter

into an agreement of the type described in subsection (d)

of Section 405-300 of the Department of Central Management

Services Law. The Department shall designate those

institutions which shall constitute the State Penitentiary

System. The Department of Juvenile Justice shall maintain

and administer all State youth centers pursuant to

subsection (d) of Section 3-2.5-20.

Pursuant to its power to establish new institutions

and facilities, the Department may authorize the

Department of Central Management Services to accept bids

from counties and municipalities for the construction,

remodeling, or conversion of a structure to be leased to

the Department of Corrections for the purposes of its

serving as a correctional institution or facility. Such

construction, remodeling, or conversion may be financed

with revenue bonds issued pursuant to the Industrial

Building Revenue Bond Act by the municipality or county.

The lease specified in a bid shall be for a term of not

less than the time needed to retire any revenue bonds used

to finance the project, but not to exceed 40 years. The

lease may grant to the State the option to purchase the

structure outright.

Upon receipt of the bids, the Department may certify

one or more of the bids and shall submit any such bids to

the General Assembly for approval. Upon approval of a bid

by a constitutional majority of both houses of the General

Assembly, pursuant to joint resolution, the Department of

Central Management Services may enter into an agreement

with the county or municipality pursuant to such bid.

(c-5) To build and maintain regional juvenile

detention centers and to charge a per diem to the counties

as established by the Department to defray the costs of

housing each minor in a center. In this subsection (c-5),

"juvenile detention center" means a facility to house

minors during pendency of trial who have been transferred

from proceedings under the Juvenile Court Act of 1987 to

prosecutions under the criminal laws of this State in

accordance with Section 5-805 of the Juvenile Court Act of

1987, whether the transfer was by operation of law or

permissive under that Section. The Department shall

designate the counties to be served by each regional

juvenile detention center.

(d) To develop and maintain programs of control,

rehabilitation, and employment of committed persons within

its institutions.

(d-5) To provide a pre-release job preparation program

for inmates at Illinois adult correctional centers.

(d-10) To provide educational and visitation

opportunities to committed persons within its institutions

through temporary access to content-controlled tablets

that may be provided as a privilege to committed persons

to induce or reward compliance.

(e) To establish a system of supervision and guidance

of committed persons in the community.

(f) To establish in cooperation with the Department of

Transportation to supply a sufficient number of prisoners

for use by the Department of Transportation to clean up

the trash and garbage along State, county, township, or

municipal highways as designated by the Department of

Transportation. The Department of Corrections, at the

request of the Department of Transportation, shall furnish

such prisoners at least annually for a period to be agreed

upon between the Director of Corrections and the Secretary

of Transportation. The prisoners used on this program

shall be selected by the Director of Corrections on

whatever basis he deems proper in consideration of their

term, behavior and earned eligibility to participate in

such program - where they will be outside of the prison

facility but still in the custody of the Department of

Corrections. Prisoners convicted of first degree murder,

or a Class X felony, or armed violence, or aggravated

kidnapping, or criminal sexual assault, aggravated

criminal sexual abuse or a subsequent conviction for

criminal sexual abuse, or forcible detention, or arson, or

a prisoner adjudged a Habitual Criminal shall not be

eligible for selection to participate in such program. The

prisoners shall remain as prisoners in the custody of the

Department of Corrections and such Department shall

furnish whatever security is necessary. The Department of

Transportation shall furnish trucks and equipment for the

highway cleanup program and personnel to supervise and

direct the program. Neither the Department of Corrections

nor the Department of Transportation shall replace any

regular employee with a prisoner.

(g) To maintain records of persons committed to it and

to establish programs of research, statistics, and

planning.

(h) To investigate the grievances of any person

committed to the Department and to inquire into any

alleged misconduct by employees or committed persons; and

for these purposes it may issue subpoenas and compel the

attendance of witnesses and the production of writings and

papers, and may examine under oath any witnesses who may

appear before it; to also investigate alleged violations

of a parolee's or releasee's conditions of parole or

release; and for this purpose it may issue subpoenas and

compel the attendance of witnesses and the production of

documents only if there is reason to believe that such

procedures would provide evidence that such violations

have occurred.

If any person fails to obey a subpoena issued under

this subsection, the Director may apply to any circuit

court to secure compliance with the subpoena. The failure

to comply with the order of the court issued in response

thereto shall be punishable as contempt of court.

(i) To appoint and remove the chief administrative

officers, and administer programs of training and

development of personnel of the Department. Personnel

assigned by the Department to be responsible for the

custody and control of committed persons or to investigate

the alleged misconduct of committed persons or employees

or alleged violations of a parolee's or releasee's

conditions of parole shall be conservators of the peace

for those purposes, and shall have the full power of peace

officers outside of the facilities of the Department in

the protection, arrest, retaking, and reconfining of

committed persons or where the exercise of such power is

necessary to the investigation of such misconduct or

violations. This subsection shall not apply to persons

committed to the Department of Juvenile Justice under the

Juvenile Court Act of 1987 on aftercare release.

(j) To cooperate with other departments and agencies

and with local communities for the development of

standards and programs for better correctional services in

this State.

(k) To administer all moneys and properties of the

Department.

(l) To report annually to the Governor on the

committed persons, institutions, and programs of the

Department.

(l-5) (Blank).

(m) To make all rules and regulations and exercise all

powers and duties vested by law in the Department.

(n) To establish rules and regulations for

administering a system of sentence credits, established in

accordance with Section 3-6-3, subject to review by the

Prisoner Review Board.

(o) To administer the distribution of funds from the

State Treasury to reimburse counties where State penal

institutions are located for the payment of assistant

state's attorneys' salaries under Section 4-2001 of the

Counties Code.

(p) To exchange information with the Department of

Human Services and the Department of Healthcare and Family

Services for the purpose of verifying living arrangements

and for other purposes directly connected with the

administration of this Code and the Illinois Public Aid

Code.

(q) To establish a diversion program.

The program shall provide a structured environment for

selected technical parole or mandatory supervised release

violators and committed persons who have violated the

rules governing their conduct while in work release. This

program shall not apply to those persons who have

committed a new offense while serving on parole or

mandatory supervised release or while committed to work

release.

Elements of the program shall include, but shall not

be limited to, the following:

(1) The staff of a diversion facility shall

provide supervision in accordance with required

objectives set by the facility.

(2) Participants shall be required to maintain

employment.

(3) Each participant shall pay for room and board

at the facility on a sliding-scale basis according to

the participant's income.

(4) Each participant shall:

(A) provide restitution to victims in

accordance with any court order;

(B) provide financial support to his

dependents; and

(C) make appropriate payments toward any other

court-ordered obligations.

(5) Each participant shall complete community

service in addition to employment.

(6) Participants shall take part in such

counseling, educational, and other programs as the

Department may deem appropriate.

(7) Participants shall submit to drug and alcohol

screening.

(8) The Department shall promulgate rules

governing the administration of the program.

(r) To enter into intergovernmental cooperation

agreements under which persons in the custody of the

Department may participate in a county impact

incarceration program established under Section 3-6038 or

3-15003.5 of the Counties Code.

(r-5) (Blank).

(r-10) To systematically and routinely identify with

respect to each streetgang active within the correctional

system: (1) each active gang; (2) every existing

inter-gang affiliation or alliance; and (3) the current

leaders in each gang. The Department shall promptly

segregate leaders from inmates who belong to their gangs

and allied gangs. "Segregate" means no physical contact

and, to the extent possible under the conditions and space

available at the correctional facility, prohibition of

visual and sound communication. For the purposes of this

paragraph (r-10), "leaders" means persons who:

(i) are members of a criminal streetgang;

(ii) with respect to other individuals within the

streetgang, occupy a position of organizer,

supervisor, or other position of management or

leadership; and

(iii) are actively and personally engaged in

directing, ordering, authorizing, or requesting

commission of criminal acts by others, which are

punishable as a felony, in furtherance of streetgang

related activity both within and outside of the

Department of Corrections.

"Streetgang", "gang", and "streetgang related" have the

meanings ascribed to them in Section 10 of the Illinois

Streetgang Terrorism Omnibus Prevention Act.

(s) To operate a super-maximum security institution,

in order to manage and supervise inmates who are

disruptive or dangerous and provide for the safety and

security of the staff and the other inmates.

(t) To monitor any unprivileged conversation or any

unprivileged communication, whether in person or by mail,

telephone, or other means, between an inmate who, before

commitment to the Department, was a member of an organized

gang and any other person without the need to show cause or

satisfy any other requirement of law before beginning the

monitoring, except as constitutionally required. The

monitoring may be by video, voice, or other method of

recording or by any other means. As used in this

subdivision (1)(t), "organized gang" has the meaning

ascribed to it in Section 10 of the Illinois Streetgang

Terrorism Omnibus Prevention Act.

As used in this subdivision (1)(t), "unprivileged

conversation" or "unprivileged communication" means a

conversation or communication that is not protected by any

privilege recognized by law or by decision, rule, or order

of the Illinois Supreme Court.

(u) To establish a Women's and Children's Pre-release

Community Supervision Program for the purpose of providing

housing and services to eligible female inmates, as

determined by the Department, and their newborn and young

children.

(u-5) To issue an order, whenever a person committed

to the Department absconds or absents himself or herself,

without authority to do so, from any facility or program

to which he or she is assigned. The order shall be

certified by the Director, the Supervisor of the

Apprehension Unit, or any person duly designated by the

Director, with the seal of the Department affixed. The

order shall be directed to all sheriffs, coroners, and

police officers, or to any particular person named in the

order. Any order issued pursuant to this subdivision

(1)(u-5) shall be sufficient warrant for the officer or

person named in the order to arrest and deliver the

committed person to the proper correctional officials and

shall be executed the same as criminal process.

(u-6) To appoint a point of contact person who shall

receive suggestions, complaints, or other requests to the

Department from visitors to Department institutions or

facilities and from other members of the public.

(v) To do all other acts necessary to carry out the

provisions of this Chapter.

(2) The Department of Corrections shall by January 1,

1998, consider building and operating a correctional facility

within 100 miles of a county of over 2,000,000 inhabitants,

especially a facility designed to house juvenile participants

in the impact incarceration program.

(3) When the Department lets bids for contracts for

medical services to be provided to persons committed to

Department facilities by a health maintenance organization,

medical service corporation, or other health care provider,

the bid may only be let to a health care provider that has

obtained an irrevocable letter of credit or performance bond

issued by a company whose bonds have an investment grade or

higher rating by a bond rating organization.

(4) When the Department lets bids for contracts for food

or commissary services to be provided to Department

facilities, the bid may only be let to a food or commissary

services provider that has obtained an irrevocable letter of

credit or performance bond issued by a company whose bonds

have an investment grade or higher rating by a bond rating

organization.

(5) On and after the date 6 months after August 16, 2013

(the effective date of Public Act 98-488), as provided in the

Executive Order 1 (2012) Implementation Act, all of the

powers, duties, rights, and responsibilities related to State

healthcare purchasing under this Code that were transferred

from the Department of Corrections to the Department of

Healthcare and Family Services by Executive Order 3 (2005) are

transferred back to the Department of Corrections; however,

powers, duties, rights, and responsibilities related to State

healthcare purchasing under this Code that were exercised by

the Department of Corrections before the effective date of

Executive Order 3 (2005) but that pertain to individuals

resident in facilities operated by the Department of Juvenile

Justice are transferred to the Department of Juvenile Justice.

(Source: P.A. 101-235, eff. 1-1-20; 102-350, eff. 8-13-21;

102-535, eff. 1-1-22; 102-538, eff. 8-20-21; revised

10-15-21.)

(730 ILCS 5/5-5-3)

Sec. 5-5-3. Disposition.

(a) (Blank).

(b) (Blank).

(c) (1) (Blank).

(2) A period of probation, a term of periodic imprisonment

or conditional discharge shall not be imposed for the

following offenses. The court shall sentence the offender to

not less than the minimum term of imprisonment set forth in

this Code for the following offenses, and may order a fine or

restitution or both in conjunction with such term of

imprisonment:

(A) First degree murder where the death penalty is not

imposed.

(B) Attempted first degree murder.

(C) A Class X felony.

(D) A violation of Section 401.1 or 407 of the

Illinois Controlled Substances Act, or a violation of

subdivision (c)(1.5) of Section 401 of that Act which

relates to more than 5 grams of a substance containing

fentanyl or an analog thereof.

(D-5) A violation of subdivision (c)(1) of Section 401

of the Illinois Controlled Substances Act which relates to

3 or more grams of a substance containing heroin or an

analog thereof.

(E) (Blank).

(F) A Class 1 or greater felony if the offender had

been convicted of a Class 1 or greater felony, including

any state or federal conviction for an offense that

contained, at the time it was committed, the same elements

as an offense now (the date of the offense committed after

the prior Class 1 or greater felony) classified as a Class

1 or greater felony, within 10 years of the date on which

the offender committed the offense for which he or she is

being sentenced, except as otherwise provided in Section

40-10 of the Substance Use Disorder Act.

(F-3) A Class 2 or greater felony sex offense or

felony firearm offense if the offender had been convicted

of a Class 2 or greater felony, including any state or

federal conviction for an offense that contained, at the

time it was committed, the same elements as an offense now

(the date of the offense committed after the prior Class 2

or greater felony) classified as a Class 2 or greater

felony, within 10 years of the date on which the offender

committed the offense for which he or she is being

sentenced, except as otherwise provided in Section 40-10

of the Substance Use Disorder Act.

(F-5) A violation of Section 24-1, 24-1.1, or 24-1.6

of the Criminal Code of 1961 or the Criminal Code of 2012

for which imprisonment is prescribed in those Sections.

(G) Residential burglary, except as otherwise provided

in Section 40-10 of the Substance Use Disorder Act.

(H) Criminal sexual assault.

(I) Aggravated battery of a senior citizen as

described in Section 12-4.6 or subdivision (a)(4) of

Section 12-3.05 of the Criminal Code of 1961 or the

Criminal Code of 2012.

(J) A forcible felony if the offense was related to

the activities of an organized gang.

Before July 1, 1994, for the purposes of this

paragraph, "organized gang" means an association of 5 or

more persons, with an established hierarchy, that

encourages members of the association to perpetrate crimes

or provides support to the members of the association who

do commit crimes.

Beginning July 1, 1994, for the purposes of this

paragraph, "organized gang" has the meaning ascribed to it

in Section 10 of the Illinois Streetgang Terrorism Omnibus

Prevention Act.

(K) Vehicular hijacking.

(L) A second or subsequent conviction for the offense

of hate crime when the underlying offense upon which the

hate crime is based is felony aggravated assault or felony

mob action.

(M) A second or subsequent conviction for the offense

of institutional vandalism if the damage to the property

exceeds $300.

(N) A Class 3 felony violation of paragraph (1) of

subsection (a) of Section 2 of the Firearm Owners

Identification Card Act.

(O) A violation of Section 12-6.1 or 12-6.5 of the

Criminal Code of 1961 or the Criminal Code of 2012.

(P) A violation of paragraph (1), (2), (3), (4), (5),

or (7) of subsection (a) of Section 11-20.1 of the

Criminal Code of 1961 or the Criminal Code of 2012.

(P-5) A violation of paragraph (6) of subsection (a)

of Section 11-20.1 of the Criminal Code of 1961 or the

Criminal Code of 2012 if the victim is a household or

family member of the defendant.

(Q) A violation of subsection (b) or (b-5) of Section

20-1, Section 20-1.2, or Section 20-1.3 of the Criminal

Code of 1961 or the Criminal Code of 2012.

(R) A violation of Section 24-3A of the Criminal Code

of 1961 or the Criminal Code of 2012.

(S) (Blank).

(T) (Blank).

(U) A second or subsequent violation of Section 6-303

of the Illinois Vehicle Code committed while his or her

driver's license, permit, or privilege was revoked because

of a violation of Section 9-3 of the Criminal Code of 1961

or the Criminal Code of 2012, relating to the offense of

reckless homicide, or a similar provision of a law of

another state.

(V) A violation of paragraph (4) of subsection (c) of

Section 11-20.1B or paragraph (4) of subsection (c) of

Section 11-20.3 of the Criminal Code of 1961, or paragraph

(6) of subsection (a) of Section 11-20.1 of the Criminal

Code of 2012 when the victim is under 13 years of age and

the defendant has previously been convicted under the laws

of this State or any other state of the offense of child

pornography, aggravated child pornography, aggravated

criminal sexual abuse, aggravated criminal sexual assault,

predatory criminal sexual assault of a child, or any of

the offenses formerly known as rape, deviate sexual

assault, indecent liberties with a child, or aggravated

indecent liberties with a child where the victim was under

the age of 18 years or an offense that is substantially

equivalent to those offenses.

(W) A violation of Section 24-3.5 of the Criminal Code

of 1961 or the Criminal Code of 2012.

(X) A violation of subsection (a) of Section 31-1a of

the Criminal Code of 1961 or the Criminal Code of 2012.

(Y) A conviction for unlawful possession of a firearm

by a street gang member when the firearm was loaded or

contained firearm ammunition.

(Z) A Class 1 felony committed while he or she was

serving a term of probation or conditional discharge for a

felony.

(AA) Theft of property exceeding $500,000 and not

exceeding $1,000,000 in value.

(BB) Laundering of criminally derived property of a

value exceeding $500,000.

(CC) Knowingly selling, offering for sale, holding for

sale, or using 2,000 or more counterfeit items or

counterfeit items having a retail value in the aggregate

of $500,000 or more.

(DD) A conviction for aggravated assault under

paragraph (6) of subsection (c) of Section 12-2 of the

Criminal Code of 1961 or the Criminal Code of 2012 if the

firearm is aimed toward the person against whom the

firearm is being used.

(EE) A conviction for a violation of paragraph (2) of

subsection (a) of Section 24-3B of the Criminal Code of

2012.

(3) (Blank).

(4) A minimum term of imprisonment of not less than 10

consecutive days or 30 days of community service shall be

imposed for a violation of paragraph (c) of Section 6-303 of

the Illinois Vehicle Code.

(4.1) (Blank).

(4.2) Except as provided in paragraphs (4.3) and (4.8) of

this subsection (c), a minimum of 100 hours of community

service shall be imposed for a second violation of Section

6-303 of the Illinois Vehicle Code.

(4.3) A minimum term of imprisonment of 30 days or 300

hours of community service, as determined by the court, shall

be imposed for a second violation of subsection (c) of Section

6-303 of the Illinois Vehicle Code.

(4.4) Except as provided in paragraphs (4.5), (4.6), and

(4.9) of this subsection (c), a minimum term of imprisonment

of 30 days or 300 hours of community service, as determined by

the court, shall be imposed for a third or subsequent

violation of Section 6-303 of the Illinois Vehicle Code. The

court may give credit toward the fulfillment of community

service hours for participation in activities and treatment as

determined by court services.

(4.5) A minimum term of imprisonment of 30 days shall be

imposed for a third violation of subsection (c) of Section

6-303 of the Illinois Vehicle Code.

(4.6) Except as provided in paragraph (4.10) of this

subsection (c), a minimum term of imprisonment of 180 days

shall be imposed for a fourth or subsequent violation of

subsection (c) of Section 6-303 of the Illinois Vehicle Code.

(4.7) A minimum term of imprisonment of not less than 30

consecutive days, or 300 hours of community service, shall be

imposed for a violation of subsection (a-5) of Section 6-303

of the Illinois Vehicle Code, as provided in subsection (b-5)

of that Section.

(4.8) A mandatory prison sentence shall be imposed for a

second violation of subsection (a-5) of Section 6-303 of the

Illinois Vehicle Code, as provided in subsection (c-5) of that

Section. The person's driving privileges shall be revoked for

a period of not less than 5 years from the date of his or her

release from prison.

(4.9) A mandatory prison sentence of not less than 4 and

not more than 15 years shall be imposed for a third violation

of subsection (a-5) of Section 6-303 of the Illinois Vehicle

Code, as provided in subsection (d-2.5) of that Section. The

person's driving privileges shall be revoked for the remainder

of his or her life.

(4.10) A mandatory prison sentence for a Class 1 felony

shall be imposed, and the person shall be eligible for an

extended term sentence, for a fourth or subsequent violation

of subsection (a-5) of Section 6-303 of the Illinois Vehicle

Code, as provided in subsection (d-3.5) of that Section. The

person's driving privileges shall be revoked for the remainder

of his or her life.

(5) The court may sentence a corporation or unincorporated

association convicted of any offense to:

(A) a period of conditional discharge;

(B) a fine;

(C) make restitution to the victim under Section 5-5-6

of this Code.

(5.1) In addition to any other penalties imposed, and

except as provided in paragraph (5.2) or (5.3), a person

convicted of violating subsection (c) of Section 11-907 of the

Illinois Vehicle Code shall have his or her driver's license,

permit, or privileges suspended for at least 90 days but not

more than one year, if the violation resulted in damage to the

property of another person.

(5.2) In addition to any other penalties imposed, and

except as provided in paragraph (5.3), a person convicted of

violating subsection (c) of Section 11-907 of the Illinois

Vehicle Code shall have his or her driver's license, permit,

or privileges suspended for at least 180 days but not more than

2 years, if the violation resulted in injury to another

person.

(5.3) In addition to any other penalties imposed, a person

convicted of violating subsection (c) of Section 11-907 of the

Illinois Vehicle Code shall have his or her driver's license,

permit, or privileges suspended for 2 years, if the violation

resulted in the death of another person.

(5.4) In addition to any other penalties imposed, a person

convicted of violating Section 3-707 of the Illinois Vehicle

Code shall have his or her driver's license, permit, or

privileges suspended for 3 months and until he or she has paid

a reinstatement fee of $100.

(5.5) In addition to any other penalties imposed, a person

convicted of violating Section 3-707 of the Illinois Vehicle

Code during a period in which his or her driver's license,

permit, or privileges were suspended for a previous violation

of that Section shall have his or her driver's license,

permit, or privileges suspended for an additional 6 months

after the expiration of the original 3-month suspension and

until he or she has paid a reinstatement fee of $100.

(6) (Blank).

(7) (Blank).

(8) (Blank).

(9) A defendant convicted of a second or subsequent

offense of ritualized abuse of a child may be sentenced to a

term of natural life imprisonment.

(10) (Blank).

(11) The court shall impose a minimum fine of $1,000 for a

first offense and $2,000 for a second or subsequent offense

upon a person convicted of or placed on supervision for

battery when the individual harmed was a sports official or

coach at any level of competition and the act causing harm to

the sports official or coach occurred within an athletic

facility or within the immediate vicinity of the athletic

facility at which the sports official or coach was an active

participant of the athletic contest held at the athletic

facility. For the purposes of this paragraph (11), "sports

official" means a person at an athletic contest who enforces

the rules of the contest, such as an umpire or referee;

"athletic facility" means an indoor or outdoor playing field

or recreational area where sports activities are conducted;

and "coach" means a person recognized as a coach by the

sanctioning authority that conducted the sporting event.

(12) A person may not receive a disposition of court

supervision for a violation of Section 5-16 of the Boat

Registration and Safety Act if that person has previously

received a disposition of court supervision for a violation of

that Section.

(13) A person convicted of or placed on court supervision

for an assault or aggravated assault when the victim and the

offender are family or household members as defined in Section

103 of the Illinois Domestic Violence Act of 1986 or convicted

of domestic battery or aggravated domestic battery may be

required to attend a Partner Abuse Intervention Program under

protocols set forth by the Illinois Department of Human

Services under such terms and conditions imposed by the court.

The costs of such classes shall be paid by the offender.

(d) In any case in which a sentence originally imposed is

vacated, the case shall be remanded to the trial court. The

trial court shall hold a hearing under Section 5-4-1 of this

Code which may include evidence of the defendant's life, moral

character and occupation during the time since the original

sentence was passed. The trial court shall then impose

sentence upon the defendant. The trial court may impose any

sentence which could have been imposed at the original trial

subject to Section 5-5-4 of this Code. If a sentence is vacated

on appeal or on collateral attack due to the failure of the

trier of fact at trial to determine beyond a reasonable doubt

the existence of a fact (other than a prior conviction)

necessary to increase the punishment for the offense beyond

the statutory maximum otherwise applicable, either the

defendant may be re-sentenced to a term within the range

otherwise provided or, if the State files notice of its

intention to again seek the extended sentence, the defendant

shall be afforded a new trial.

(e) In cases where prosecution for aggravated criminal

sexual abuse under Section 11-1.60 or 12-16 of the Criminal

Code of 1961 or the Criminal Code of 2012 results in conviction

of a defendant who was a family member of the victim at the

time of the commission of the offense, the court shall

consider the safety and welfare of the victim and may impose a

sentence of probation only where:

(1) the court finds (A) or (B) or both are

appropriate:

(A) the defendant is willing to undergo a court

approved counseling program for a minimum duration of

2 years; or

(B) the defendant is willing to participate in a

court approved plan, including, but not limited to,

the defendant's:

(i) removal from the household;

(ii) restricted contact with the victim;

(iii) continued financial support of the

family;

(iv) restitution for harm done to the victim;

and

(v) compliance with any other measures that

the court may deem appropriate; and

(2) the court orders the defendant to pay for the

victim's counseling services, to the extent that the court

finds, after considering the defendant's income and

assets, that the defendant is financially capable of

paying for such services, if the victim was under 18 years

of age at the time the offense was committed and requires

counseling as a result of the offense.

Probation may be revoked or modified pursuant to Section

5-6-4; except where the court determines at the hearing that

the defendant violated a condition of his or her probation

restricting contact with the victim or other family members or

commits another offense with the victim or other family

members, the court shall revoke the defendant's probation and

impose a term of imprisonment.

For the purposes of this Section, "family member" and

"victim" shall have the meanings ascribed to them in Section

11-0.1 of the Criminal Code of 2012.

(f) (Blank).

(g) Whenever a defendant is convicted of an offense under

Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-14,

11-14.3, 11-14.4 except for an offense that involves keeping a

place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17,

11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14,

12-14.1, 12-15, or 12-16 of the Criminal Code of 1961 or the

Criminal Code of 2012, the defendant shall undergo medical

testing to determine whether the defendant has any sexually

transmissible disease, including a test for infection with

human immunodeficiency virus (HIV) or any other identified

causative agent of acquired immunodeficiency syndrome (AIDS).

Any such medical test shall be performed only by appropriately

licensed medical practitioners and may include an analysis of

any bodily fluids as well as an examination of the defendant's

person. Except as otherwise provided by law, the results of

such test shall be kept strictly confidential by all medical

personnel involved in the testing and must be personally

delivered in a sealed envelope to the judge of the court in

which the conviction was entered for the judge's inspection in

camera. Acting in accordance with the best interests of the

victim and the public, the judge shall have the discretion to

determine to whom, if anyone, the results of the testing may be

revealed. The court shall notify the defendant of the test

results. The court shall also notify the victim if requested

by the victim, and if the victim is under the age of 15 and if

requested by the victim's parents or legal guardian, the court

shall notify the victim's parents or legal guardian of the

test results. The court shall provide information on the

availability of HIV testing and counseling at Department of

Public Health facilities to all parties to whom the results of

the testing are revealed and shall direct the State's Attorney

to provide the information to the victim when possible. The

court shall order that the cost of any such test shall be paid

by the county and may be taxed as costs against the convicted

defendant.

(g-5) When an inmate is tested for an airborne

communicable disease, as determined by the Illinois Department

of Public Health, including, but not limited to, tuberculosis,

the results of the test shall be personally delivered by the

warden or his or her designee in a sealed envelope to the judge

of the court in which the inmate must appear for the judge's

inspection in camera if requested by the judge. Acting in

accordance with the best interests of those in the courtroom,

the judge shall have the discretion to determine what if any

precautions need to be taken to prevent transmission of the

disease in the courtroom.

(h) Whenever a defendant is convicted of an offense under

Section 1 or 2 of the Hypodermic Syringes and Needles Act, the

defendant shall undergo medical testing to determine whether

the defendant has been exposed to human immunodeficiency virus

(HIV) or any other identified causative agent of acquired

immunodeficiency syndrome (AIDS). Except as otherwise provided

by law, the results of such test shall be kept strictly

confidential by all medical personnel involved in the testing

and must be personally delivered in a sealed envelope to the

judge of the court in which the conviction was entered for the

judge's inspection in camera. Acting in accordance with the

best interests of the public, the judge shall have the

discretion to determine to whom, if anyone, the results of the

testing may be revealed. The court shall notify the defendant

of a positive test showing an infection with the human

immunodeficiency virus (HIV). The court shall provide

information on the availability of HIV testing and counseling

at Department of Public Health facilities to all parties to

whom the results of the testing are revealed and shall direct

the State's Attorney to provide the information to the victim

when possible. The court shall order that the cost of any such

test shall be paid by the county and may be taxed as costs

against the convicted defendant.

(i) All fines and penalties imposed under this Section for

any violation of Chapters 3, 4, 6, and 11 of the Illinois

Vehicle Code, or a similar provision of a local ordinance, and

any violation of the Child Passenger Protection Act, or a

similar provision of a local ordinance, shall be collected and

disbursed by the circuit clerk as provided under the Criminal

and Traffic Assessment Act.

(j) In cases when prosecution for any violation of Section

11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8, 11-9,

11-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17,

11-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20.1,

11-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1,

12-15, or 12-16 of the Criminal Code of 1961 or the Criminal

Code of 2012, any violation of the Illinois Controlled

Substances Act, any violation of the Cannabis Control Act, or

any violation of the Methamphetamine Control and Community

Protection Act results in conviction, a disposition of court

supervision, or an order of probation granted under Section 10

of the Cannabis Control Act, Section 410 of the Illinois

Controlled Substances Act, or Section 70 of the

Methamphetamine Control and Community Protection Act of a

defendant, the court shall determine whether the defendant is

employed by a facility or center as defined under the Child

Care Act of 1969, a public or private elementary or secondary

school, or otherwise works with children under 18 years of age

on a daily basis. When a defendant is so employed, the court

shall order the Clerk of the Court to send a copy of the

judgment of conviction or order of supervision or probation to

the defendant's employer by certified mail. If the employer of

the defendant is a school, the Clerk of the Court shall direct

the mailing of a copy of the judgment of conviction or order of

supervision or probation to the appropriate regional

superintendent of schools. The regional superintendent of

schools shall notify the State Board of Education of any

notification under this subsection.

(j-5) A defendant at least 17 years of age who is convicted

of a felony and who has not been previously convicted of a

misdemeanor or felony and who is sentenced to a term of

imprisonment in the Illinois Department of Corrections shall

as a condition of his or her sentence be required by the court

to attend educational courses designed to prepare the

defendant for a high school diploma and to work toward a high

school diploma or to work toward passing high school

equivalency testing or to work toward completing a vocational

training program offered by the Department of Corrections. If

a defendant fails to complete the educational training

required by his or her sentence during the term of

incarceration, the Prisoner Review Board shall, as a condition

of mandatory supervised release, require the defendant, at his

or her own expense, to pursue a course of study toward a high

school diploma or passage of high school equivalency testing.

The Prisoner Review Board shall revoke the mandatory

supervised release of a defendant who wilfully fails to comply

with this subsection (j-5) upon his or her release from

confinement in a penal institution while serving a mandatory

supervised release term; however, the inability of the

defendant after making a good faith effort to obtain financial

aid or pay for the educational training shall not be deemed a

wilful failure to comply. The Prisoner Review Board shall

recommit the defendant whose mandatory supervised release term

has been revoked under this subsection (j-5) as provided in

Section 3-3-9. This subsection (j-5) does not apply to a

defendant who has a high school diploma or has successfully

passed high school equivalency testing. This subsection (j-5)

does not apply to a defendant who is determined by the court to

be a person with a developmental disability or otherwise

mentally incapable of completing the educational or vocational

program.

(k) (Blank).

(l) (A) Except as provided in paragraph (C) of subsection

(l), whenever a defendant, who is not a citizen or national of

the United States an alien as defined by the Immigration and

Nationality Act, is convicted of any felony or misdemeanor

offense, the court after sentencing the defendant may, upon

motion of the State's Attorney, hold sentence in abeyance and

remand the defendant to the custody of the Attorney General of

the United States or his or her designated agent to be deported

when:

(1) a final order of deportation has been issued

against the defendant pursuant to proceedings under the

Immigration and Nationality Act, and

(2) the deportation of the defendant would not

deprecate the seriousness of the defendant's conduct and

would not be inconsistent with the ends of justice.

Otherwise, the defendant shall be sentenced as provided in

this Chapter V.

(B) If the defendant has already been sentenced for a

felony or misdemeanor offense, or has been placed on probation

under Section 10 of the Cannabis Control Act, Section 410 of

the Illinois Controlled Substances Act, or Section 70 of the

Methamphetamine Control and Community Protection Act, the

court may, upon motion of the State's Attorney to suspend the

sentence imposed, commit the defendant to the custody of the

Attorney General of the United States or his or her designated

agent when:

(1) a final order of deportation has been issued

against the defendant pursuant to proceedings under the

Immigration and Nationality Act, and

(2) the deportation of the defendant would not

deprecate the seriousness of the defendant's conduct and

would not be inconsistent with the ends of justice.

(C) This subsection (l) does not apply to offenders who

are subject to the provisions of paragraph (2) of subsection

(a) of Section 3-6-3.

(D) Upon motion of the State's Attorney, if a defendant

sentenced under this Section returns to the jurisdiction of

the United States, the defendant shall be recommitted to the

custody of the county from which he or she was sentenced.

Thereafter, the defendant shall be brought before the

sentencing court, which may impose any sentence that was

available under Section 5-5-3 at the time of initial

sentencing. In addition, the defendant shall not be eligible

for additional earned sentence credit as provided under

Section 3-6-3.

(m) A person convicted of criminal defacement of property

under Section 21-1.3 of the Criminal Code of 1961 or the

Criminal Code of 2012, in which the property damage exceeds

$300 and the property damaged is a school building, shall be

ordered to perform community service that may include cleanup,

removal, or painting over the defacement.

(n) The court may sentence a person convicted of a

violation of Section 12-19, 12-21, 16-1.3, or 17-56, or

subsection (a) or (b) of Section 12-4.4a, of the Criminal Code

of 1961 or the Criminal Code of 2012 (i) to an impact

incarceration program if the person is otherwise eligible for

that program under Section 5-8-1.1, (ii) to community service,

or (iii) if the person has a substance use disorder, as defined

in the Substance Use Disorder Act, to a treatment program

licensed under that Act.

(o) Whenever a person is convicted of a sex offense as

defined in Section 2 of the Sex Offender Registration Act, the

defendant's driver's license or permit shall be subject to

renewal on an annual basis in accordance with the provisions

of license renewal established by the Secretary of State.

(Source: P.A. 101-81, eff. 7-12-19; 102-168, eff. 7-27-21;

102-531, eff. 1-1-22; revised 10-12-21.)

Section 120. The Property Owned By Aliens Act is amended

by changing the title of the Act and Sections 0.01, 7, and 8 as

follows:

(765 ILCS 60/Act title)

An Act concerning the right of noncitizens aliens to

acquire and hold real and personal property.

(765 ILCS 60/0.01) (from Ch. 6, par. 0.01)

Sec. 0.01. Short title. This Act may be cited as the

Property Owned By Noncitizens Aliens Act.

(Source: P.A. 86-1324.)

(765 ILCS 60/7) (from Ch. 6, par. 7)

Sec. 7. All noncitizens aliens may acquire, hold, and

dispose of real and personal property in the same manner and to

the same extent as natural born citizens of the United States,

and the personal estate of a noncitizen an alien dying

intestate shall be distributed in the same manner as the

estates of natural born citizens, and all persons interested

in such estate shall be entitled to proper distributive shares

thereof under the laws of this state, whether they are

noncitizens aliens or not.

This amendatory Act of 1992 does not apply to the

Agricultural Foreign Investment Disclosure Act.

(Source: P.A. 87-1101.)

(765 ILCS 60/8) (from Ch. 6, par. 8)

Sec. 8. An act in regard to noncitizens aliens and to

restrict their right to acquire and hold real and personal

estate and to provide for the disposition of the lands now

owned by non-resident noncitizens aliens, approved June 16,

1887, and in force July 1, 1887, and all other acts and parts

of acts in conflict with this act, are hereby repealed.

(Source: Laws 1897, p. 5.)

Section 125. The Property Taxes of Alien Landlords Act is

amended by changing the title of the Act and Sections 0.01 and

1 as follows:

(765 ILCS 725/Act title)

An Act to prevent noncitizen alien landlords from

including the payment of taxes in the rent of farm lands as a

part of the rental thereof.

(765 ILCS 725/0.01) (from Ch. 6, par. 8.9)

Sec. 0.01. Short title. This Act may be cited as the

Property Taxes Of Noncitizen Alien Landlords Act.

(Source: P.A. 86-1324.)

(765 ILCS 725/1) (from Ch. 6, par. 9)

Sec. 1. No contract, agreement or lease in writing or by

parol, by which any lands or tenements therein are demised or

leased by any noncitizen alien or his agents for the purpose of

farming, cultivation or the raising of crops thereon, shall

contain any provision requiring the tenant or other person for

him, to pay taxes on said lands or tenements, or any part

thereof, and all such provisions, agreements and leases so

made are declared void as to the taxes aforesaid. If any

noncitizen alien landlord or his agents shall receive in

advance or at any other time any sum of money or article of

value from any tenant in lieu of such taxes, directly or

indirectly, the same may be recovered back by such tenant

before any court having jurisdiction of the amount thereof,

and all provisions or agreements in writing or otherwise to

pay such taxes shall be held in all courts of this state to be

void.

(Source: P.A. 81-1509.)

Section 130. The Illinois Human Rights Act is amended by

changing Section 2-101 as follows:

(775 ILCS 5/2-101)

Sec. 2-101. Definitions. The following definitions are

applicable strictly in the context of this Article.

(A) Employee.

(1) "Employee" includes:

(a) Any individual performing services for

remuneration within this State for an employer;

(b) An apprentice;

(c) An applicant for any apprenticeship.

For purposes of subsection (D) of Section 2-102 of

this Act, "employee" also includes an unpaid intern. An

unpaid intern is a person who performs work for an

employer under the following circumstances:

(i) the employer is not committed to hiring the

person performing the work at the conclusion of the

intern's tenure;

(ii) the employer and the person performing the

work agree that the person is not entitled to wages for

the work performed; and

(iii) the work performed:

(I) supplements training given in an

educational environment that may enhance the

employability of the intern;

(II) provides experience for the benefit of

the person performing the work;

(III) does not displace regular employees;

(IV) is performed under the close supervision

of existing staff; and

(V) provides no immediate advantage to the

employer providing the training and may

occasionally impede the operations of the

employer.

(2) "Employee" does not include:

(a) (Blank);

(b) Individuals employed by persons who are not

"employers" as defined by this Act;

(c) Elected public officials or the members of

their immediate personal staffs;

(d) Principal administrative officers of the State

or of any political subdivision, municipal corporation

or other governmental unit or agency;

(e) A person in a vocational rehabilitation

facility certified under federal law who has been

designated an evaluee, trainee, or work activity

client.

(B) Employer.

(1) "Employer" includes:

(a) Any person employing one or more employees

within Illinois during 20 or more calendar weeks

within the calendar year of or preceding the alleged

violation;

(b) Any person employing one or more employees

when a complainant alleges civil rights violation due

to unlawful discrimination based upon his or her

physical or mental disability unrelated to ability,

pregnancy, or sexual harassment;

(c) The State and any political subdivision,

municipal corporation or other governmental unit or

agency, without regard to the number of employees;

(d) Any party to a public contract without regard

to the number of employees;

(e) A joint apprenticeship or training committee

without regard to the number of employees.

(2) "Employer" does not include any place of worship,

religious corporation, association, educational

institution, society, or non-profit nursing institution

conducted by and for those who rely upon treatment by

prayer through spiritual means in accordance with the

tenets of a recognized church or religious denomination

with respect to the employment of individuals of a

particular religion to perform work connected with the

carrying on by such place of worship, corporation,

association, educational institution, society or

non-profit nursing institution of its activities.

(C) Employment Agency. "Employment Agency" includes both

public and private employment agencies and any person, labor

organization, or labor union having a hiring hall or hiring

office regularly undertaking, with or without compensation, to

procure opportunities to work, or to procure, recruit, refer

or place employees.

(D) Labor Organization. "Labor Organization" includes any

organization, labor union, craft union, or any voluntary

unincorporated association designed to further the cause of

the rights of union labor which is constituted for the

purpose, in whole or in part, of collective bargaining or of

dealing with employers concerning grievances, terms or

conditions of employment, or apprenticeships or applications

for apprenticeships, or of other mutual aid or protection in

connection with employment, including apprenticeships or

applications for apprenticeships.

(E) Sexual Harassment. "Sexual harassment" means any

unwelcome sexual advances or requests for sexual favors or any

conduct of a sexual nature when (1) submission to such conduct

is made either explicitly or implicitly a term or condition of

an individual's employment, (2) submission to or rejection of

such conduct by an individual is used as the basis for

employment decisions affecting such individual, or (3) such

conduct has the purpose or effect of substantially interfering

with an individual's work performance or creating an

intimidating, hostile or offensive working environment.

For purposes of this definition, the phrase "working

environment" is not limited to a physical location an employee

is assigned to perform his or her duties.

(E-1) Harassment. "Harassment" means any unwelcome conduct

on the basis of an individual's actual or perceived race,

color, religion, national origin, ancestry, age, sex, marital

status, order of protection status, disability, military

status, sexual orientation, pregnancy, unfavorable discharge

from military service, citizenship status, or work

authorization status that has the purpose or effect of

substantially interfering with the individual's work

performance or creating an intimidating, hostile, or offensive

working environment. For purposes of this definition, the

phrase "working environment" is not limited to a physical

location an employee is assigned to perform his or her duties.

(F) Religion. "Religion" with respect to employers

includes all aspects of religious observance and practice, as

well as belief, unless an employer demonstrates that he is

unable to reasonably accommodate an employee's or prospective

employee's religious observance or practice without undue

hardship on the conduct of the employer's business.

(G) Public Employer. "Public employer" means the State, an

agency or department thereof, unit of local government, school

district, instrumentality or political subdivision.

(H) Public Employee. "Public employee" means an employee

of the State, agency or department thereof, unit of local

government, school district, instrumentality or political

subdivision. "Public employee" does not include public

officers or employees of the General Assembly or agencies

thereof.

(I) Public Officer. "Public officer" means a person who is

elected to office pursuant to the Constitution or a statute or

ordinance, or who is appointed to an office which is

established, and the qualifications and duties of which are

prescribed, by the Constitution or a statute or ordinance, to

discharge a public duty for the State, agency or department

thereof, unit of local government, school district,

instrumentality or political subdivision.

(J) Eligible Bidder. "Eligible bidder" means a person who,

prior to contract award or prior to bid opening for State

contracts for construction or construction-related services,

has filed with the Department a properly completed, sworn and

currently valid employer report form, pursuant to the

Department's regulations. The provisions of this Article

relating to eligible bidders apply only to bids on contracts

with the State and its departments, agencies, boards, and

commissions, and the provisions do not apply to bids on

contracts with units of local government or school districts.

(K) Citizenship Status. "Citizenship status" means the

status of being:

(1) a born U.S. citizen;

(2) a naturalized U.S. citizen;

(3) a U.S. national; or

(4) a person born outside the United States and not a

U.S. citizen who is lawfully present not an unauthorized

alien and who is protected from discrimination under the

provisions of Section 1324b of Title 8 of the United

States Code, as now or hereafter amended.

(L) Work Authorization Status. "Work authorization status"

means the status of being a person born outside of the United

States, and not a U.S. citizen, who is authorized by the

federal government to work in the United States.

(Source: P.A. 101-221, eff. 1-1-20; 101-430, eff. 7-1-20;

102-233, eff. 8-2-21; 102-558, eff. 8-20-21.)

Section 135. The Resident Alien Course Act is amended by

changing the title of the Act and Sections 0.01, 1, 2, and 3 as

follows:

(815 ILCS 400/Act title)

An Act concerning fees charged for courses offered to

persons seeking permanent resident alien status under the

Immigration Reform and Control Act of 1986.

(815 ILCS 400/0.01) (from Ch. 111, par. 8050)

Sec. 0.01. Short title. This Act may be cited as the

Resident Alien Course Act.

(Source: P.A. 86-1324.)

(815 ILCS 400/1) (from Ch. 111, par. 8051)

Sec. 1. No individual or agency, authorized by the U.S.

Immigration and Naturalization Service to offer a course

leading to a certificate of satisfactory pursuit for issuance

of permanent resident alien status, may charge a fee for such

course in excess of $5 per hour per individual up to the first

60 hours of instruction or $500 for up to 12 months of

instruction from the date of registration. As used in this

Section, the term "fee" includes all costs associated with the

course, including the costs of instruction and materials.

(Source: P.A. 86-831.)

(815 ILCS 400/2) (from Ch. 111, par. 8052)

Sec. 2. No individual or agency which offers any service

or course with the promise of preparing the recipient or

enrollee for the English and civics exam of the U.S.

Immigration and Naturalization Service for issuance of

permanent resident alien status may charge a fee for such

service or course in excess of $5 per hour per individual up to

the first 60 hours of instruction or $500 for up to 12 months

of instruction from the date of registration. As used in this

Section, the term "fee" includes all costs associated with the

service or course, including the costs of instruction and

materials.

(Source: P.A. 86-831.)

(815 ILCS 400/3) (from Ch. 111, par. 8053)

Sec. 3. Any individual or agency offering a course or

service described in Section 2 shall include within any

literature or print or electronic advertisement for such

service or course a statement that such service or course is

designed to prepare the recipient or enrollee for the English

and civics exam of the U.S. Immigration and Naturalization

Service and that the individual or agency offering the service

or course does not issue the certificate of satisfactory

pursuit required by the U.S. Immigration and Naturalization

Service for issuance of permanent resident alien status.

(Source: P.A. 86-831.)

Section 140. The Consumer Fraud and Deceptive Business

Practices Act is amended by changing Section 2AA as follows:

(815 ILCS 505/2AA)

Sec. 2AA. Immigration services.

(a) "Immigration matter" means any proceeding, filing, or

action affecting the nonimmigrant, immigrant or citizenship

status of any person that arises under immigration and

naturalization law, executive order or presidential

proclamation of the United States or any foreign country, or

that arises under action of the United States Citizenship and

Immigration Services, the United States Department of Labor,

or the United States Department of State.

"Immigration assistance service" means any information or

action provided or offered to customers or prospective

customers related to immigration matters, excluding legal

advice, recommending a specific course of legal action, or

providing any other assistance that requires legal analysis,

legal judgment, or interpretation of the law.

"Compensation" means money, property, services, promise of

payment, or anything else of value.

"Employed by" means that a person is on the payroll of the

employer and the employer deducts from the employee's paycheck

social security and withholding taxes, or receives

compensation from the employer on a commission basis or as an

independent contractor.

"Reasonable costs" means actual costs or, if actual costs

cannot be calculated, reasonably estimated costs of such

things as photocopying, telephone calls, document requests,

and filing fees for immigration forms, and other nominal costs

incidental to assistance in an immigration matter.

(a-1) The General Assembly finds and declares that private

individuals who assist persons with immigration matters have a

significant impact on the ability of their clients to reside

and work within the United States and to establish and

maintain stable families and business relationships. The

General Assembly further finds that that assistance and its

impact also have a significant effect on the cultural, social,

and economic life of the State of Illinois and thereby

substantially affect the public interest. It is the intent of

the General Assembly to establish rules of practice and

conduct for those individuals to promote honesty and fair

dealing with residents and to preserve public confidence.

(a-5) The following persons are exempt from this Section,

provided they prove the exemption by a preponderance of the

evidence:

(1) An attorney licensed to practice law in any state

or territory of the United States, or of any foreign

country when authorized by the Illinois Supreme Court, to

the extent the attorney renders immigration assistance

service in the course of his or her practice as an

attorney.

(2) A legal intern, as described by the rules of the

Illinois Supreme Court, employed by and under the direct

supervision of a licensed attorney and rendering

immigration assistance service in the course of the

intern's employment.

(3) A not-for-profit organization recognized by the

Board of Immigration Appeals under 8 CFR 292.2(a) and

employees of those organizations accredited under 8 CFR

292.2(d).

(4) Any organization employing or desiring to employ a

documented or undocumented immigrant or nonimmigrant

alien, where the organization, its employees or its agents

provide advice or assistance in immigration matters to

documented or undocumented immigrant or nonimmigrant alien

employees or potential employees without compensation from

the individuals to whom such advice or assistance is

provided.

Nothing in this Section shall regulate any business to the

extent that such regulation is prohibited or preempted by

State or federal law.

All other persons providing or offering to provide

immigration assistance service shall be subject to this

Section.

(b) Any person who provides or offers to provide

immigration assistance service may perform only the following

services:

(1) Completing a government agency form, requested by

the customer and appropriate to the customer's needs, only

if the completion of that form does not involve a legal

judgment for that particular matter.

(2) Transcribing responses to a government agency form

which is related to an immigration matter, but not

advising a customer as to his or her answers on those

forms.

(3) Translating information on forms to a customer and

translating the customer's answers to questions posed on

those forms.

(4) Securing for the customer supporting documents

currently in existence, such as birth and marriage

certificates, which may be needed to be submitted with

government agency forms.

(5) Translating documents from a foreign language into

English.

(6) Notarizing signatures on government agency forms,

if the person performing the service is a notary public of

the State of Illinois.

(7) Making referrals, without fee, to attorneys who

could undertake legal representation for a person in an

immigration matter.

(8) Preparing or arranging for the preparation of

photographs and fingerprints.

(9) Arranging for the performance of medical testing

(including X-rays and AIDS tests) and the obtaining of

reports of such test results.

(10) Conducting English language and civics courses.

(11) Other services that the Attorney General

determines by rule may be appropriately performed by such

persons in light of the purposes of this Section.

Fees for a notary public, agency, or any other person who

is not an attorney or an accredited representative filling out

immigration forms shall be limited to the maximum fees set

forth in subsections (a) and (b) of Section 3-104 of the

Illinois Notary Public Act (5 ILCS 312/3-104). The maximum fee

schedule set forth in subsections (a) and (b) of Section 3-104

of the Illinois Notary Public Act shall apply to any person

that provides or offers to provide immigration assistance

service performing the services described therein. The

Attorney General may promulgate rules establishing maximum

fees that may be charged for any services not described in that

subsection. The maximum fees must be reasonable in light of

the costs of providing those services and the degree of

professional skill required to provide the services.

No person subject to this Act shall charge fees directly

or indirectly for referring an individual to an attorney or

for any immigration matter not authorized by this Article,

provided that a person may charge a fee for notarizing

documents as permitted by the Illinois Notary Public Act.

(c) Any person performing such services shall register

with the Illinois Attorney General and submit verification of

malpractice insurance or of a surety bond.

(d) Except as provided otherwise in this subsection,

before providing any assistance in an immigration matter a

person shall provide the customer with a written contract that

includes the following:

(1) An explanation of the services to be performed.

(2) Identification of all compensation and costs to be

charged to the customer for the services to be performed.

(3) A statement that documents submitted in support of

an application for nonimmigrant, immigrant, or

naturalization status may not be retained by the person

for any purpose, including payment of compensation or

costs.

This subsection does not apply to a not-for-profit

organization that provides advice or assistance in immigration

matters to clients without charge beyond a reasonable fee to

reimburse the organization's or clinic's reasonable costs

relating to providing immigration services to that client.

(e) Any person who provides or offers immigration

assistance service and is not exempted from this Section,

shall post signs at his or her place of business, setting forth

information in English and in every other language in which

the person provides or offers to provide immigration

assistance service. Each language shall be on a separate sign.

Signs shall be posted in a location where the signs will be

visible to customers. Each sign shall be at least 11 inches by

17 inches, and shall contain the following:

(1) The statement "I AM NOT AN ATTORNEY LICENSED TO

PRACTICE LAW AND MAY NOT GIVE LEGAL ADVICE OR ACCEPT FEES

FOR LEGAL ADVICE.".

(2) The statement "I AM NOT ACCREDITED TO REPRESENT

YOU BEFORE THE UNITED STATES IMMIGRATION AND

NATURALIZATION SERVICE AND THE IMMIGRATION BOARD OF

APPEALS.".

(3) The fee schedule.

(4) The statement that "You may cancel any contract

within 3 working days and get your money back for services

not performed.".

(5) Additional information the Attorney General may

require by rule.

Every person engaged in immigration assistance service who

is not an attorney who advertises immigration assistance

service in a language other than English, whether by radio,

television, signs, pamphlets, newspapers, or other written

communication, with the exception of a single desk plaque,

shall include in the document, advertisement, stationery,

letterhead, business card, or other comparable written

material the following notice in English and the language in

which the written communication appears. This notice shall be

of a conspicuous size, if in writing, and shall state: "I AM

NOT AN ATTORNEY LICENSED TO PRACTICE LAW IN ILLINOIS AND MAY

NOT GIVE LEGAL ADVICE OR ACCEPT FEES FOR LEGAL ADVICE.". If

such advertisement is by radio or television, the statement

may be modified but must include substantially the same

message.

Any person who provides or offers immigration assistance

service and is not exempted from this Section shall not, in any

document, advertisement, stationery, letterhead, business

card, or other comparable written material, literally

translate from English into another language terms or titles

including, but not limited to, notary public, notary,

licensed, attorney, lawyer, or any other term that implies the

person is an attorney. To illustrate, the words "notario" and

"poder notarial" are prohibited under this provision.

If not subject to penalties under subsection (a) of

Section 3-103 of the Illinois Notary Public Act (5 ILCS

312/3-103), violations of this subsection shall result in a

fine of $1,000. Violations shall not preempt or preclude

additional appropriate civil or criminal penalties.

(f) The written contract shall be in both English and in

the language of the customer.

(g) A copy of the contract shall be provided to the

customer upon the customer's execution of the contract.

(h) A customer has the right to rescind a contract within

72 hours after his or her signing of the contract.

(i) Any documents identified in paragraph (3) of

subsection (c) shall be returned upon demand of the customer.

(j) No person engaged in providing immigration services

who is not exempted under this Section shall do any of the

following:

(1) Make any statement that the person can or will

obtain special favors from or has special influence with

the United States Immigration and Naturalization Service

or any other government agency.

(2) Retain any compensation for service not performed.

(2.5) Accept payment in exchange for providing legal

advice or any other assistance that requires legal

analysis, legal judgment, or interpretation of the law.

(3) Refuse to return documents supplied by, prepared

on behalf of, or paid for by the customer upon the request

of the customer. These documents must be returned upon

request even if there is a fee dispute between the

immigration assistant and the customer.

(4) Represent or advertise, in connection with the

provision of assistance in immigration matters, other

titles of credentials, including but not limited to

"notary public" or "immigration consultant," that could

cause a customer to believe that the person possesses

special professional skills or is authorized to provide

advice on an immigration matter; provided that a notary

public appointed by the Illinois Secretary of State may

use the term "notary public" if the use is accompanied by

the statement that the person is not an attorney; the term

"notary public" may not be translated to another language;

for example "notario" is prohibited.

(5) Provide legal advice, recommend a specific course

of legal action, or provide any other assistance that

requires legal analysis, legal judgment, or interpretation

of the law.

(6) Make any misrepresentation of false statement,

directly or indirectly, to influence, persuade, or induce

patronage.

(k) (Blank).

(l) (Blank).

(m) Any person who violates any provision of this Section,

or the rules and regulations issued under this Section, shall

be guilty of a Class A misdemeanor for a first offense and a

Class 3 felony for a second or subsequent offense committed

within 5 years of a previous conviction for the same offense.

Upon his own information or upon the complaint of any

person, the Attorney General or any State's Attorney, or a

municipality with a population of more than 1,000,000, may

maintain an action for injunctive relief and also seek a civil

penalty not exceeding $50,000 in the circuit court against any

person who violates any provision of this Section. These

remedies are in addition to, and not in substitution for,

other available remedies.

If the Attorney General or any State's Attorney or a

municipality with a population of more than 1,000,000 fails to

bring an action as provided under this Section any person may

file a civil action to enforce the provisions of this Article

and maintain an action for injunctive relief, for compensatory

damages to recover prohibited fees, or for such additional

relief as may be appropriate to deter, prevent, or compensate

for the violation. In order to deter violations of this

Section, courts shall not require a showing of the traditional

elements for equitable relief. A prevailing plaintiff may be

awarded 3 times the prohibited fees or a minimum of $1,000 in

punitive damages, attorney's fees, and costs of bringing an

action under this Section. It is the express intention of the

General Assembly that remedies for violation of this Section

be cumulative.

(n) No unit of local government, including any home rule

unit, shall have the authority to regulate immigration

assistance services unless such regulations are at least as

stringent as those contained in Public Act 87-1211. It is

declared to be the law of this State, pursuant to paragraph (i)

of Section 6 of Article VII of the Illinois Constitution of

1970, that Public Act 87-1211 is a limitation on the authority

of a home rule unit to exercise powers concurrently with the

State. The limitations of this Section do not apply to a home

rule unit that has, prior to January 1, 1993 (the effective

date of Public Act 87-1211), adopted an ordinance regulating

immigration assistance services.

(o) This Section is severable under Section 1.31 of the

Statute on Statutes.

(p) The Attorney General shall issue rules not

inconsistent with this Section for the implementation,

administration, and enforcement of this Section. The rules may

provide for the following:

(1) The content, print size, and print style of the

signs required under subsection (e). Print sizes and

styles may vary from language to language.

(2) Standard forms for use in the administration of

this Section.

(3) Any additional requirements deemed necessary.

(Source: P.A. 99-679, eff. 1-1-17; 100-863, eff. 8-14-18.)

Section 145. The Workers' Compensation Act is amended by

changing Sections 1 and 7 as follows:

(820 ILCS 305/1) (from Ch. 48, par. 138.1)

Sec. 1. This Act may be cited as the Workers' Compensation

Act.

(a) The term "employer" as used in this Act means:

1. The State and each county, city, town, township,

incorporated village, school district, body politic, or

municipal corporation therein.

2. Every person, firm, public or private corporation,

including hospitals, public service, eleemosynary, religious

or charitable corporations or associations who has any person

in service or under any contract for hire, express or implied,

oral or written, and who is engaged in any of the enterprises

or businesses enumerated in Section 3 of this Act, or who at or

prior to the time of the accident to the employee for which

compensation under this Act may be claimed, has in the manner

provided in this Act elected to become subject to the

provisions of this Act, and who has not, prior to such

accident, effected a withdrawal of such election in the manner

provided in this Act.

3. Any one engaging in any business or enterprise referred

to in subsections 1 and 2 of Section 3 of this Act who

undertakes to do any work enumerated therein, is liable to pay

compensation to his own immediate employees in accordance with

the provisions of this Act, and in addition thereto if he

directly or indirectly engages any contractor whether

principal or sub-contractor to do any such work, he is liable

to pay compensation to the employees of any such contractor or

sub-contractor unless such contractor or sub-contractor has

insured, in any company or association authorized under the

laws of this State to insure the liability to pay compensation

under this Act, or guaranteed his liability to pay such

compensation. With respect to any time limitation on the

filing of claims provided by this Act, the timely filing of a

claim against a contractor or subcontractor, as the case may

be, shall be deemed to be a timely filing with respect to all

persons upon whom liability is imposed by this paragraph.

In the event any such person pays compensation under this

subsection he may recover the amount thereof from the

contractor or sub-contractor, if any, and in the event the

contractor pays compensation under this subsection he may

recover the amount thereof from the sub-contractor, if any.

This subsection does not apply in any case where the

accident occurs elsewhere than on, in or about the immediate

premises on which the principal has contracted that the work

be done.

4. Where an employer operating under and subject to the

provisions of this Act loans an employee to another such

employer and such loaned employee sustains a compensable

accidental injury in the employment of such borrowing employer

and where such borrowing employer does not provide or pay the

benefits or payments due such injured employee, such loaning

employer is liable to provide or pay all benefits or payments

due such employee under this Act and as to such employee the

liability of such loaning and borrowing employers is joint and

several, provided that such loaning employer is in the absence

of agreement to the contrary entitled to receive from such

borrowing employer full reimbursement for all sums paid or

incurred pursuant to this paragraph together with reasonable

attorneys' fees and expenses in any hearings before the

Illinois Workers' Compensation Commission or in any action to

secure such reimbursement. Where any benefit is provided or

paid by such loaning employer the employee has the duty of

rendering reasonable cooperation in any hearings, trials or

proceedings in the case, including such proceedings for

reimbursement.

Where an employee files an Application for Adjustment of

Claim with the Illinois Workers' Compensation Commission

alleging that his claim is covered by the provisions of the

preceding paragraph, and joining both the alleged loaning and

borrowing employers, they and each of them, upon written

demand by the employee and within 7 days after receipt of such

demand, shall have the duty of filing with the Illinois

Workers' Compensation Commission a written admission or denial

of the allegation that the claim is covered by the provisions

of the preceding paragraph and in default of such filing or if

any such denial be ultimately determined not to have been bona

fide then the provisions of Paragraph K of Section 19 of this

Act shall apply.

An employer whose business or enterprise or a substantial

part thereof consists of hiring, procuring or furnishing

employees to or for other employers operating under and

subject to the provisions of this Act for the performance of

the work of such other employers and who pays such employees

their salary or wages notwithstanding that they are doing the

work of such other employers shall be deemed a loaning

employer within the meaning and provisions of this Section.

(b) The term "employee" as used in this Act means:

1. Every person in the service of the State, including

members of the General Assembly, members of the Commerce

Commission, members of the Illinois Workers' Compensation

Commission, and all persons in the service of the University

of Illinois, county, including deputy sheriffs and assistant

state's attorneys, city, town, township, incorporated village

or school district, body politic, or municipal corporation

therein, whether by election, under appointment or contract of

hire, express or implied, oral or written, including all

members of the Illinois National Guard while on active duty in

the service of the State, and all probation personnel of the

Juvenile Court appointed pursuant to Article VI of the

Juvenile Court Act of 1987, and including any official of the

State, any county, city, town, township, incorporated village,

school district, body politic or municipal corporation therein

except any duly appointed member of a police department in any

city whose population exceeds 500,000 according to the last

Federal or State census, and except any member of a fire

insurance patrol maintained by a board of underwriters in this

State. A duly appointed member of a fire department in any

city, the population of which exceeds 500,000 according to the

last federal or State census, is an employee under this Act

only with respect to claims brought under paragraph (c) of

Section 8.

One employed by a contractor who has contracted with the

State, or a county, city, town, township, incorporated

village, school district, body politic or municipal

corporation therein, through its representatives, is not

considered as an employee of the State, county, city, town,

township, incorporated village, school district, body politic

or municipal corporation which made the contract.

2. Every person in the service of another under any

contract of hire, express or implied, oral or written,

including persons whose employment is outside of the State of

Illinois where the contract of hire is made within the State of

Illinois, persons whose employment results in fatal or

non-fatal injuries within the State of Illinois where the

contract of hire is made outside of the State of Illinois, and

persons whose employment is principally localized within the

State of Illinois, regardless of the place of the accident or

the place where the contract of hire was made, and including

noncitizens aliens, and minors who, for the purpose of this

Act are considered the same and have the same power to

contract, receive payments and give quittances therefor, as

adult employees.

3. Every sole proprietor and every partner of a business

may elect to be covered by this Act.

An employee or his dependents under this Act who shall

have a cause of action by reason of any injury, disablement or

death arising out of and in the course of his employment may

elect to pursue his remedy in the State where injured or

disabled, or in the State where the contract of hire is made,

or in the State where the employment is principally localized.

However, any employer may elect to provide and pay

compensation to any employee other than those engaged in the

usual course of the trade, business, profession or occupation

of the employer by complying with Sections 2 and 4 of this Act.

Employees are not included within the provisions of this Act

when excluded by the laws of the United States relating to

liability of employers to their employees for personal

injuries where such laws are held to be exclusive.

The term "employee" does not include persons performing

services as real estate broker, broker-salesman, or salesman

when such persons are paid by commission only.

(c) "Commission" means the Industrial Commission created

by Section 5 of "The Civil Administrative Code of Illinois",

approved March 7, 1917, as amended, or the Illinois Workers'

Compensation Commission created by Section 13 of this Act.

(d) To obtain compensation under this Act, an employee

bears the burden of showing, by a preponderance of the

evidence, that he or she has sustained accidental injuries

arising out of and in the course of the employment.

(Source: P.A. 97-18, eff. 6-28-11; 97-268, eff. 8-8-11;

97-813, eff. 7-13-12.)

(820 ILCS 305/7) (from Ch. 48, par. 138.7)

Sec. 7. The amount of compensation which shall be paid for

an accidental injury to the employee resulting in death is:

(a) If the employee leaves surviving a widow, widower,

child or children, the applicable weekly compensation rate

computed in accordance with subparagraph 2 of paragraph (b) of

Section 8, shall be payable during the life of the widow or

widower and if any surviving child or children shall not be

physically or mentally incapacitated then until the death of

the widow or widower or until the youngest child shall reach

the age of 18, whichever shall come later; provided that if

such child or children shall be enrolled as a full time student

in any accredited educational institution, the payments shall

continue until such child has attained the age of 25. In the

event any surviving child or children shall be physically or

mentally incapacitated, the payments shall continue for the

duration of such incapacity.

The term "child" means a child whom the deceased employee

left surviving, including a posthumous child, a child legally

adopted, a child whom the deceased employee was legally

obligated to support or a child to whom the deceased employee

stood in loco parentis. The term "children" means the plural

of "child".

The term "physically or mentally incapacitated child or

children" means a child or children incapable of engaging in

regular and substantial gainful employment.

In the event of the remarriage of a widow or widower, where

the decedent did not leave surviving any child or children

who, at the time of such remarriage, are entitled to

compensation benefits under this Act, the surviving spouse

shall be paid a lump sum equal to 2 years compensation benefits

and all further rights of such widow or widower shall be

extinguished.

If the employee leaves surviving any child or children

under 18 years of age who at the time of death shall be

entitled to compensation under this paragraph (a) of this

Section, the weekly compensation payments herein provided for

such child or children shall in any event continue for a period

of not less than 6 years.

Any beneficiary entitled to compensation under this

paragraph (a) of this Section shall receive from the special

fund provided in paragraph (f) of this Section, in addition to

the compensation herein provided, supplemental benefits in

accordance with paragraph (g) of Section 8.

(b) If no compensation is payable under paragraph (a) of

this Section and the employee leaves surviving a parent or

parents who at the time of the accident were totally dependent

upon the earnings of the employee then weekly payments equal

to the compensation rate payable in the case where the

employee leaves surviving a widow or widower, shall be paid to

such parent or parents for the duration of their lives, and in

the event of the death of either, for the life of the survivor.

(c) If no compensation is payable under paragraphs (a) or

(b) of this Section and the employee leaves surviving any

child or children who are not entitled to compensation under

the foregoing paragraph (a) but who at the time of the accident

were nevertheless in any manner dependent upon the earnings of

the employee, or leaves surviving a parent or parents who at

the time of the accident were partially dependent upon the

earnings of the employee, then there shall be paid to such

dependent or dependents for a period of 8 years weekly

compensation payments at such proportion of the applicable

rate if the employee had left surviving a widow or widower as

such dependency bears to total dependency. In the event of the

death of any such beneficiary the share of such beneficiary

shall be divided equally among the surviving beneficiaries and

in the event of the death of the last such beneficiary all the

rights under this paragraph shall be extinguished.

(d) If no compensation is payable under paragraphs (a),

(b) or (c) of this Section and the employee leaves surviving

any grandparent, grandparents, grandchild or grandchildren or

collateral heirs dependent upon the employee's earnings to the

extent of 50% or more of total dependency, then there shall be

paid to such dependent or dependents for a period of 5 years

weekly compensation payments at such proportion of the

applicable rate if the employee had left surviving a widow or

widower as such dependency bears to total dependency. In the

event of the death of any such beneficiary the share of such

beneficiary shall be divided equally among the surviving

beneficiaries and in the event of the death of the last such

beneficiary all rights hereunder shall be extinguished.

(e) The compensation to be paid for accidental injury

which results in death, as provided in this Section, shall be

paid to the persons who form the basis for determining the

amount of compensation to be paid by the employer, the

respective shares to be in the proportion of their respective

dependency at the time of the accident on the earnings of the

deceased. The Commission or an Arbitrator thereof may, in its

or his discretion, order or award the payment to the parent or

grandparent of a child for the latter's support the amount of

compensation which but for such order or award would have been

paid to such child as its share of the compensation payable,

which order or award may be modified from time to time by the

Commission in its discretion with respect to the person to

whom shall be paid the amount of the order or award remaining

unpaid at the time of the modification.

The payments of compensation by the employer in accordance

with the order or award of the Commission discharges such

employer from all further obligation as to such compensation.

(f) The sum of $8,000 for burial expenses shall be paid by

the employer to the widow or widower, other dependent, next of

kin or to the person or persons incurring the expense of

burial.

In the event the employer failed to provide necessary

first aid, medical, surgical or hospital service, he shall pay

the cost thereof to the person or persons entitled to

compensation under paragraphs (a), (b), (c) or (d) of this

Section, or to the person or persons incurring the obligation

therefore, or providing the same.

On January 15 and July 15, 1981, and on January 15 and July

15 of each year thereafter the employer shall within 60 days

pay a sum equal to 1/8 of 1% of all compensation payments made

by him after July 1, 1980, either under this Act or the

Workers' Occupational Diseases Act, whether by lump sum

settlement or weekly compensation payments, but not including

hospital, surgical or rehabilitation payments, made during the

first 6 months and during the second 6 months respectively of

the fiscal year next preceding the date of the payments, into a

special fund which shall be designated the "Second Injury

Fund", of which the State Treasurer is ex-officio custodian,

such special fund to be held and disbursed for the purposes

hereinafter stated in paragraphs (f) and (g) of Section 8,

either upon the order of the Commission or of a competent

court. Said special fund shall be deposited the same as are

State funds and any interest accruing thereon shall be added

thereto every 6 months. It is subject to audit the same as

State funds and accounts and is protected by the General bond

given by the State Treasurer. It is considered always

appropriated for the purposes of disbursements as provided in

Section 8, paragraph (f), of this Act, and shall be paid out

and disbursed as therein provided and shall not at any time be

appropriated or diverted to any other use or purpose.

On January 15, 1991, the employer shall further pay a sum

equal to one half of 1% of all compensation payments made by

him from January 1, 1990 through June 30, 1990 either under

this Act or under the Workers' Occupational Diseases Act,

whether by lump sum settlement or weekly compensation

payments, but not including hospital, surgical or

rehabilitation payments, into an additional Special Fund which

shall be designated as the "Rate Adjustment Fund". On March

15, 1991, the employer shall pay into the Rate Adjustment Fund

a sum equal to one half of 1% of all such compensation payments

made from July 1, 1990 through December 31, 1990. Within 60

days after July 15, 1991, the employer shall pay into the Rate

Adjustment Fund a sum equal to one half of 1% of all such

compensation payments made from January 1, 1991 through June

30, 1991. Within 60 days after January 15 of 1992 and each

subsequent year through 1996, the employer shall pay into the

Rate Adjustment Fund a sum equal to one half of 1% of all such

compensation payments made in the last 6 months of the

preceding calendar year. Within 60 days after July 15 of 1992

and each subsequent year through 1995, the employer shall pay

into the Rate Adjustment Fund a sum equal to one half of 1% of

all such compensation payments made in the first 6 months of

the same calendar year. Within 60 days after January 15 of 1997

and each subsequent year through 2005, the employer shall pay

into the Rate Adjustment Fund a sum equal to three-fourths of

1% of all such compensation payments made in the last 6 months

of the preceding calendar year. Within 60 days after July 15 of

1996 and each subsequent year through 2004, the employer shall

pay into the Rate Adjustment Fund a sum equal to three-fourths

of 1% of all such compensation payments made in the first 6

months of the same calendar year. Within 60 days after July 15

of 2005, the employer shall pay into the Rate Adjustment Fund a

sum equal to 1% of such compensation payments made in the first

6 months of the same calendar year. Within 60 days after

January 15 of 2006 and each subsequent year, the employer

shall pay into the Rate Adjustment Fund a sum equal to 1.25% of

such compensation payments made in the last 6 months of the

preceding calendar year. Within 60 days after July 15 of 2006

and each subsequent year, the employer shall pay into the Rate

Adjustment Fund a sum equal to 1.25% of such compensation

payments made in the first 6 months of the same calendar year.

The administrative costs of collecting assessments from

employers for the Rate Adjustment Fund shall be paid from the

Rate Adjustment Fund. The cost of an actuarial audit of the

Fund shall be paid from the Rate Adjustment Fund. The State

Treasurer is ex officio custodian of such Special Fund and the

same shall be held and disbursed for the purposes hereinafter

stated in paragraphs (f) and (g) of Section 8 upon the order of

the Commission or of a competent court. The Rate Adjustment

Fund shall be deposited the same as are State funds and any

interest accruing thereon shall be added thereto every 6

months. It shall be subject to audit the same as State funds

and accounts and shall be protected by the general bond given

by the State Treasurer. It is considered always appropriated

for the purposes of disbursements as provided in paragraphs

(f) and (g) of Section 8 of this Act and shall be paid out and

disbursed as therein provided and shall not at any time be

appropriated or diverted to any other use or purpose. Within 5

days after the effective date of this amendatory Act of 1990,

the Comptroller and the State Treasurer shall transfer

$1,000,000 from the General Revenue Fund to the Rate

Adjustment Fund. By February 15, 1991, the Comptroller and the

State Treasurer shall transfer $1,000,000 from the Rate

Adjustment Fund to the General Revenue Fund. The Comptroller

and Treasurer are authorized to make transfers at the request

of the Chairman up to a total of $19,000,000 from the Second

Injury Fund, the General Revenue Fund, and the Workers'

Compensation Benefit Trust Fund to the Rate Adjustment Fund to

the extent that there is insufficient money in the Rate

Adjustment Fund to pay claims and obligations. Amounts may be

transferred from the General Revenue Fund only if the funds in

the Second Injury Fund or the Workers' Compensation Benefit

Trust Fund are insufficient to pay claims and obligations of

the Rate Adjustment Fund. All amounts transferred from the

Second Injury Fund, the General Revenue Fund, and the Workers'

Compensation Benefit Trust Fund shall be repaid from the Rate

Adjustment Fund within 270 days of a transfer, together with

interest at the rate earned by moneys on deposit in the Fund or

Funds from which the moneys were transferred.

Upon a finding by the Commission, after reasonable notice

and hearing, that any employer has willfully and knowingly

failed to pay the proper amounts into the Second Injury Fund or

the Rate Adjustment Fund required by this Section or if such

payments are not made within the time periods prescribed by

this Section, the employer shall, in addition to such

payments, pay a penalty of 20% of the amount required to be

paid or $2,500, whichever is greater, for each year or part

thereof of such failure to pay. This penalty shall only apply

to obligations of an employer to the Second Injury Fund or the

Rate Adjustment Fund accruing after the effective date of this

amendatory Act of 1989. All or part of such a penalty may be

waived by the Commission for good cause shown.

Any obligations of an employer to the Second Injury Fund

and Rate Adjustment Fund accruing prior to the effective date

of this amendatory Act of 1989 shall be paid in full by such

employer within 5 years of the effective date of this

amendatory Act of 1989, with at least one-fifth of such

obligation to be paid during each year following the effective

date of this amendatory Act of 1989. If the Commission finds,

following reasonable notice and hearing, that an employer has

failed to make timely payment of any obligation accruing under

the preceding sentence, the employer shall, in addition to all

other payments required by this Section, be liable for a

penalty equal to 20% of the overdue obligation or $2,500,

whichever is greater, for each year or part thereof that

obligation is overdue. All or part of such a penalty may be

waived by the Commission for good cause shown.

The Chairman of the Illinois Workers' Compensation

Commission shall, annually, furnish to the Director of the

Department of Insurance a list of the amounts paid into the

Second Injury Fund and the Rate Adjustment Fund by each

insurance company on behalf of their insured employers. The

Director shall verify to the Chairman that the amounts paid by

each insurance company are accurate as best as the Director

can determine from the records available to the Director. The

Chairman shall verify that the amounts paid by each

self-insurer are accurate as best as the Chairman can

determine from records available to the Chairman. The Chairman

may require each self-insurer to provide information

concerning the total compensation payments made upon which

contributions to the Second Injury Fund and the Rate

Adjustment Fund are predicated and any additional information

establishing that such payments have been made into these

funds. Any deficiencies in payments noted by the Director or

Chairman shall be subject to the penalty provisions of this

Act.

The State Treasurer, or his duly authorized

representative, shall be named as a party to all proceedings

in all cases involving claim for the loss of, or the permanent

and complete loss of the use of one eye, one foot, one leg, one

arm or one hand.

The State Treasurer or his duly authorized agent shall

have the same rights as any other party to the proceeding,

including the right to petition for review of any award. The

reasonable expenses of litigation, such as medical

examinations, testimony, and transcript of evidence, incurred

by the State Treasurer or his duly authorized representative,

shall be borne by the Second Injury Fund.

If the award is not paid within 30 days after the date the

award has become final, the Commission shall proceed to take

judgment thereon in its own name as is provided for other

awards by paragraph (g) of Section 19 of this Act and take the

necessary steps to collect the award.

Any person, corporation or organization who has paid or

become liable for the payment of burial expenses of the

deceased employee may in his or its own name institute

proceedings before the Commission for the collection thereof.

For the purpose of administration, receipts and

disbursements, the Special Fund provided for in paragraph (f)

of this Section shall be administered jointly with the Special

Fund provided for in Section 7, paragraph (f) of the Workers'

Occupational Diseases Act.

(g) All compensation, except for burial expenses provided

in this Section to be paid in case accident results in death,

shall be paid in installments equal to the percentage of the

average earnings as provided for in Section 8, paragraph (b)

of this Act, at the same intervals at which the wages or

earnings of the employees were paid. If this is not feasible,

then the installments shall be paid weekly. Such compensation

may be paid in a lump sum upon petition as provided in Section

9 of this Act. However, in addition to the benefits provided by

Section 9 of this Act where compensation for death is payable

to the deceased's widow, widower or to the deceased's widow,

widower and one or more children, and where a partial lump sum

is applied for by such beneficiary or beneficiaries within 18

months after the deceased's death, the Commission may, in its

discretion, grant a partial lump sum of not to exceed 100 weeks

of the compensation capitalized at their present value upon

the basis of interest calculated at 3% per annum with annual

rests, upon a showing that such partial lump sum is for the

best interest of such beneficiary or beneficiaries.

(h) In case the injured employee is under 16 years of age

at the time of the accident and is illegally employed, the

amount of compensation payable under paragraphs (a), (b), (c),

(d) and (f) of this Section shall be increased 50%.

Nothing herein contained repeals or amends the provisions

of the Child Labor Law relating to the employment of minors

under the age of 16 years.

However, where an employer has on file an employment

certificate issued pursuant to the Child Labor Law or work

permit issued pursuant to the Federal Fair Labor Standards

Act, as amended, or a birth certificate properly and duly

issued, such certificate, permit or birth certificate is

conclusive evidence as to the age of the injured minor

employee for the purposes of this Section only.

(i) Whenever the dependents of a deceased employee are

noncitizens aliens not residing in the United States, Mexico

or Canada, the amount of compensation payable is limited to

the beneficiaries described in paragraphs (a), (b) and (c) of

this Section and is 50% of the compensation provided in

paragraphs (a), (b) and (c) of this Section, except as

otherwise provided by treaty.

In a case where any of the persons who would be entitled to

compensation is living at any place outside of the United

States, then payment shall be made to the personal

representative of the deceased employee. The distribution by

such personal representative to the persons entitled shall be

made to such persons and in such manner as the Commission

orders.

(Source: P.A. 93-721, eff. 1-1-05; 94-277, eff. 7-20-05;

94-695, eff. 11-16-05.)

Section 150. The Workers' Occupational Diseases Act is

amended by changing Section 1 as follows:

(820 ILCS 310/1) (from Ch. 48, par. 172.36)

Sec. 1. This Act shall be known and may be cited as the

"Workers' Occupational Diseases Act".

(a) The term "employer" as used in this Act shall be

construed to be:

1. The State and each county, city, town, township,

incorporated village, school district, body politic, or

municipal corporation therein.

2. Every person, firm, public or private corporation,

including hospitals, public service, eleemosynary,

religious or charitable corporations or associations, who

has any person in service or under any contract for hire,

express or implied, oral or written.

3. Where an employer operating under and subject to

the provisions of this Act loans an employee to another

such employer and such loaned employee sustains a

compensable occupational disease in the employment of such

borrowing employer and where such borrowing employer does

not provide or pay the benefits or payments due such

employee, such loaning employer shall be liable to provide

or pay all benefits or payments due such employee under

this Act and as to such employee the liability of such

loaning and borrowing employers shall be joint and

several, provided that such loaning employer shall in the

absence of agreement to the contrary be entitled to

receive from such borrowing employer full reimbursement

for all sums paid or incurred pursuant to this paragraph

together with reasonable attorneys' fees and expenses in

any hearings before the Illinois Workers' Compensation

Commission or in any action to secure such reimbursement.

Where any benefit is provided or paid by such loaning

employer, the employee shall have the duty of rendering

reasonable co-operation in any hearings, trials or

proceedings in the case, including such proceedings for

reimbursement.

Where an employee files an Application for Adjustment

of Claim with the Illinois Workers' Compensation

Commission alleging that his or her claim is covered by

the provisions of the preceding paragraph, and joining

both the alleged loaning and borrowing employers, they and

each of them, upon written demand by the employee and

within 7 days after receipt of such demand, shall have the

duty of filing with the Illinois Workers' Compensation

Commission a written admission or denial of the allegation

that the claim is covered by the provisions of the

preceding paragraph and in default of such filing or if

any such denial be ultimately determined not to have been

bona fide then the provisions of Paragraph K of Section 19

of this Act shall apply.

An employer whose business or enterprise or a

substantial part thereof consists of hiring, procuring or

furnishing employees to or for other employers operating

under and subject to the provisions of this Act for the

performance of the work of such other employers and who

pays such employees their salary or wage notwithstanding

that they are doing the work of such other employers shall

be deemed a loaning employer within the meaning and

provisions of this Section.

(b) The term "employee" as used in this Act, shall be

construed to mean:

1. Every person in the service of the State, county,

city, town, township, incorporated village or school

district, body politic or municipal corporation therein,

whether by election, appointment or contract of hire,

express or implied, oral or written, including any

official of the State, or of any county, city, town,

township, incorporated village, school district, body

politic or municipal corporation therein and except any

duly appointed member of the fire department in any city

whose population exceeds 500,000 according to the last

Federal or State census, and except any member of a fire

insurance patrol maintained by a board of underwriters in

this State. One employed by a contractor who has

contracted with the State, or a county, city, town,

township, incorporated village, school district, body

politic or municipal corporation therein, through its

representatives, shall not be considered as an employee of

the State, county, city, town, township, incorporated

village, school district, body politic or municipal

corporation which made the contract.

2. Every person in the service of another under any

contract of hire, express or implied, oral or written, who

contracts an occupational disease while working in the

State of Illinois, or who contracts an occupational

disease while working outside of the State of Illinois but

where the contract of hire is made within the State of

Illinois, and any person whose employment is principally

localized within the State of Illinois, regardless of the

place where the disease was contracted or place where the

contract of hire was made, including noncitizens aliens,

and minors who, for the purpose of this Act, except

Section 3 hereof, shall be considered the same and have

the same power to contract, receive payments and give

quittances therefor, as adult employees. An employee or

his or her dependents under this Act who shall have a cause

of action by reason of an occupational disease,

disablement or death arising out of and in the course of

his or her employment may elect or pursue his or her remedy

in the State where the disease was contracted, or in the

State where the contract of hire is made, or in the State

where the employment is principally localized.

(c) "Commission" means the Illinois Workers' Compensation

Commission created by the Workers' Compensation Act, approved

July 9, 1951, as amended.

(d) In this Act the term "Occupational Disease" means a

disease arising out of and in the course of the employment or

which has become aggravated and rendered disabling as a result

of the exposure of the employment. Such aggravation shall

arise out of a risk peculiar to or increased by the employment

and not common to the general public.

A disease shall be deemed to arise out of the employment if

there is apparent to the rational mind, upon consideration of

all the circumstances, a causal connection between the

conditions under which the work is performed and the

occupational disease. The disease need not to have been

foreseen or expected but after its contraction it must appear

to have had its origin or aggravation in a risk connected with

the employment and to have flowed from that source as a

rational consequence.

An employee shall be conclusively deemed to have been

exposed to the hazards of an occupational disease when, for

any length of time however short, he or she is employed in an

occupation or process in which the hazard of the disease

exists; provided however, that in a claim of exposure to

atomic radiation, the fact of such exposure must be verified

by the records of the central registry of radiation exposure

maintained by the Department of Public Health or by some other

recognized governmental agency maintaining records of such

exposures whenever and to the extent that the records are on

file with the Department of Public Health or the agency.

Any injury to or disease or death of an employee arising

from the administration of a vaccine, including without

limitation smallpox vaccine, to prepare for, or as a response

to, a threatened or potential bioterrorist incident to the

employee as part of a voluntary inoculation program in

connection with the person's employment or in connection with

any governmental program or recommendation for the inoculation

of workers in the employee's occupation, geographical area, or

other category that includes the employee is deemed to arise

out of and in the course of the employment for all purposes

under this Act. This paragraph added by Public Act 93-829 is

declarative of existing law and is not a new enactment.

The employer liable for the compensation in this Act

provided shall be the employer in whose employment the

employee was last exposed to the hazard of the occupational

disease claimed upon regardless of the length of time of such

last exposure, except, in cases of silicosis or asbestosis,

the only employer liable shall be the last employer in whose

employment the employee was last exposed during a period of 60

days or more after the effective date of this Act, to the

hazard of such occupational disease, and, in such cases, an

exposure during a period of less than 60 days, after the

effective date of this Act, shall not be deemed a last

exposure. If a miner who is suffering or suffered from

pneumoconiosis was employed for 10 years or more in one or more

coal mines there shall, effective July 1, 1973 be a rebuttable

presumption that his or her pneumoconiosis arose out of such

employment.

If a deceased miner was employed for 10 years or more in

one or more coal mines and died from a respirable disease there

shall, effective July 1, 1973, be a rebuttable presumption

that his or her death was due to pneumoconiosis.

Any condition or impairment of health of an employee

employed as a firefighter, emergency medical technician (EMT),

emergency medical technician-intermediate (EMT-I), advanced

emergency medical technician (A-EMT), or paramedic which

results directly or indirectly from any bloodborne pathogen,

lung or respiratory disease or condition, heart or vascular

disease or condition, hypertension, tuberculosis, or cancer

resulting in any disability (temporary, permanent, total, or

partial) to the employee shall be rebuttably presumed to arise

out of and in the course of the employee's firefighting, EMT,

EMT-I, A-EMT, or paramedic employment and, further, shall be

rebuttably presumed to be causally connected to the hazards or

exposures of the employment. This presumption shall also apply

to any hernia or hearing loss suffered by an employee employed

as a firefighter, EMT, EMT-I, A-EMT, or paramedic. However,

this presumption shall not apply to any employee who has been

employed as a firefighter, EMT, EMT-I, A-EMT, or paramedic for

less than 5 years at the time he or she files an Application

for Adjustment of Claim concerning this condition or

impairment with the Illinois Workers' Compensation Commission.

The rebuttable presumption established under this subsection,

however, does not apply to an emergency medical technician

(EMT), emergency medical technician-intermediate (EMT-I),

advanced emergency medical technician (A-EMT), or paramedic

employed by a private employer if the employee spends the

preponderance of his or her work time for that employer

engaged in medical transfers between medical care facilities

or non-emergency medical transfers to or from medical care

facilities. The changes made to this subsection by this

amendatory Act of the 98th General Assembly shall be narrowly

construed. The Finding and Decision of the Illinois Workers'

Compensation Commission under only the rebuttable presumption

provision of this paragraph shall not be admissible or be

deemed res judicata in any disability claim under the Illinois

Pension Code arising out of the same medical condition;

however, this sentence makes no change to the law set forth in

Krohe v. City of Bloomington, 204 Ill.2d 392.

The insurance carrier liable shall be the carrier whose

policy was in effect covering the employer liable on the last

day of the exposure rendering such employer liable in

accordance with the provisions of this Act.

(e) "Disablement" means an impairment or partial

impairment, temporary or permanent, in the function of the

body or any of the members of the body, or the event of

becoming disabled from earning full wages at the work in which

the employee was engaged when last exposed to the hazards of

the occupational disease by the employer from whom he or she

claims compensation, or equal wages in other suitable

employment; and "disability" means the state of being so

incapacitated.

(f) No compensation shall be payable for or on account of

any occupational disease unless disablement, as herein

defined, occurs within two years after the last day of the last

exposure to the hazards of the disease, except in cases of

occupational disease caused by berylliosis or by the

inhalation of silica dust or asbestos dust and, in such cases,

within 3 years after the last day of the last exposure to the

hazards of such disease and except in the case of occupational

disease caused by exposure to radiological materials or

equipment, and in such case, within 25 years after the last day

of last exposure to the hazards of such disease.

(g)(1) In any proceeding before the Commission in which

the employee is a COVID-19 first responder or front-line

worker as defined in this subsection, if the employee's injury

or occupational disease resulted from exposure to and

contraction of COVID-19, the exposure and contraction shall be

rebuttably presumed to have arisen out of and in the course of

the employee's first responder or front-line worker employment

and the injury or occupational disease shall be rebuttably

presumed to be causally connected to the hazards or exposures

of the employee's first responder or front-line worker

employment.

(2) The term "COVID-19 first responder or front-line

worker" means: all individuals employed as police, fire

personnel, emergency medical technicians, or paramedics; all

individuals employed and considered as first responders; all

workers for health care providers, including nursing homes and

rehabilitation facilities and home care workers; corrections

officers; and any individuals employed by essential businesses

and operations as defined in Executive Order 2020-10 dated

March 20, 2020, as long as individuals employed by essential

businesses and operations are required by their employment to

encounter members of the general public or to work in

employment locations of more than 15 employees. For purposes

of this subsection only, an employee's home or place of

residence is not a place of employment, except for home care

workers.

(3) The presumption created in this subsection may be

rebutted by evidence, including, but not limited to, the

following:

(A) the employee was working from his or her home, on

leave from his or her employment, or some combination

thereof, for a period of 14 or more consecutive days

immediately prior to the employee's injury, occupational

disease, or period of incapacity resulted from exposure to

COVID-19; or

(B) the employer was engaging in and applying to the

fullest extent possible or enforcing to the best of its

ability industry-specific workplace sanitation, social

distancing, and health and safety practices based on

updated guidance issued by the Centers for Disease Control

and Prevention or Illinois Department of Public Health or

was using a combination of administrative controls,

engineering controls, or personal protective equipment to

reduce the transmission of COVID-19 to all employees for

at least 14 consecutive days prior to the employee's

injury, occupational disease, or period of incapacity

resulting from exposure to COVID-19. For purposes of this

subsection, "updated" means the guidance in effect at

least 14 days prior to the COVID-19 diagnosis. For

purposes of this subsection, "personal protective

equipment" means industry-specific equipment worn to

minimize exposure to hazards that cause illnesses or

serious injuries, which may result from contact with

biological, chemical, radiological, physical, electrical,

mechanical, or other workplace hazards. "Personal

protective equipment" includes, but is not limited to,

items such as face coverings, gloves, safety glasses,

safety face shields, barriers, shoes, earplugs or muffs,

hard hats, respirators, coveralls, vests, and full body

suits; or

(C) the employee was exposed to COVID-19 by an

alternate source.

(4) The rebuttable presumption created in this subsection

applies to all cases tried after June 5, 2020 (the effective

date of Public Act 101-633) and in which the diagnosis of

COVID-19 was made on or after March 9, 2020 and on or before

June 30, 2021 (including the period between December 31, 2020

and the effective date of this amendatory Act of the 101st

General Assembly).

(5) Under no circumstances shall any COVID-19 case

increase or affect any employer's workers' compensation

insurance experience rating or modification, but COVID-19

costs may be included in determining overall State loss costs.

(6) In order for the presumption created in this

subsection to apply at trial, for COVID-19 diagnoses occurring

on or before June 15, 2020, an employee must provide a

confirmed medical diagnosis by a licensed medical practitioner

or a positive laboratory test for COVID-19 or for COVID-19

antibodies; for COVID-19 diagnoses occurring after June 15,

2020, an employee must provide a positive laboratory test for

COVID-19 or for COVID-19 antibodies.

(7) The presumption created in this subsection does not

apply if the employee's place of employment was solely the

employee's home or residence for a period of 14 or more

consecutive days immediately prior to the employee's injury,

occupational disease, or period of incapacity resulted from

exposure to COVID-19.

(8) The date of injury or the beginning of the employee's

occupational disease or period of disability is either the

date that the employee was unable to work due to contraction of

COVID-19 or was unable to work due to symptoms that were later

diagnosed as COVID-19, whichever came first.

(9) An employee who contracts COVID-19, but fails to

establish the rebuttable presumption is not precluded from

filing for compensation under this Act or under the Workers'

Compensation Act.

(10) To qualify for temporary total disability benefits

under the presumption created in this subsection, the employee

must be certified for or recertified for temporary disability.

(11) An employer is entitled to a credit against any

liability for temporary total disability due to an employee as

a result of the employee contracting COVID-19 for (A) any sick

leave benefits or extended salary benefits paid to the

employee by the employer under Emergency Family Medical Leave

Expansion Act, Emergency Paid Sick Leave Act of the Families

First Coronavirus Response Act, or any other federal law, or

(B) any other credit to which an employer is entitled under the

Workers' Compensation Act.

(Source: P.A. 101-633, eff. 6-5-20; 101-653, eff. 2-28-21.)

Section 155. The Unemployment Insurance Act is amended by

changing Sections 211.4 and 614 as follows:

(820 ILCS 405/211.4) (from Ch. 48, par. 321.4)

Sec. 211.4. A. Notwithstanding any other provision of this

Act, the term "employment" shall include service performed

after December 31, 1977, by an individual in agricultural

labor as defined in Section 214 when:

1. Such service is performed for an employing unit

which (a) paid cash wages of $20,000 or more during any

calendar quarter in either the current or preceding

calendar year to an individual or individuals employed in

agricultural labor (not taking into account service in

agricultural labor performed before January 1, 1980, by a

noncitizen an alien referred to in paragraph 2); or (b)

employed in agricultural labor (not taking into account

service in agricultural labor performed before January 1,

1980, by a noncitizen an alien referred to in paragraph 2)

10 or more individuals within each of 20 or more calendar

weeks (but not necessarily simultaneously and irrespective

of whether the same individuals are or were employed in

each such week), whether or not such weeks are or were

consecutive, within either the current or preceding

calendar year.

2. Such service is not performed in agricultural labor

if performed before January 1, 1980 or on or after the

effective date of this amendatory Act of the 96th General

Assembly, by an individual who is a noncitizen an alien

admitted to the United States to perform service in

agricultural labor pursuant to Sections 214(c) and

101(a)(15)(H) of the Immigration and Nationality Act.

B. For the purposes of this Section, any individual who is

a member of a crew furnished by a crew leader to perform

service in agricultural labor for any other employing unit

shall be treated as performing service in the employ of such

crew leader if (1) the leader holds a valid certificate of

registration under the Farm Labor Contractor Registration Act

of 1963, or substantially all the members of such crew operate

or maintain tractors, mechanized harvesting or crop dusting

equipment, or any other mechanized equipment, which is

provided by the crew leader; and (2) the service of such

individual is not in employment for such other employing unit

within the meaning of subsections A and C of Section 212, and

of Section 213.

C. For the purposes of this Section, any individual who is

furnished by a crew leader to perform service in agricultural

labor for any other employing unit, and who is not treated as

performing service in the employ of such crew leader under

subsection B, shall be treated as performing service in the

employ of such other employing unit, and such employing unit

shall be treated as having paid cash wages to such individual

in an amount equal to the amount of cash wages paid to the

individual by the crew leader (either on his own behalf or on

behalf of such other employing unit) for the service in

agricultural labor performed for such other employing unit.

D. For the purposes of this Section, the term "crew

leader" means an individual who (1) furnishes individuals to

perform service in agricultural labor for any other employing

unit; (2) pays (either on his own behalf or on behalf of such

other employing unit) the individuals so furnished by him for

the service in agricultural labor performed by them; and (3)

has not entered into a written agreement with such other

employing unit under which an individual so furnished by him

is designated as performing services in the employ of such

other employing unit.

(Source: P.A. 96-1208, eff. 1-1-11.)

(820 ILCS 405/614) (from Ch. 48, par. 444)

Sec. 614. Noncitizens Non-resident aliens - ineligibility.

A noncitizen An alien shall be ineligible for benefits for any

week which begins after December 31, 1977, on the basis of

wages for services performed by such noncitizen alien, unless

the noncitizen alien was an individual who was lawfully

admitted for permanent residence at the time such services

were performed or otherwise was permanently residing in the

United States under color of law at the time such services were

performed (including a noncitizen an alien who was lawfully

present in the United States as a result of the application of

the provisions of Section 212(d) (5) of the Immigration and

Nationality Act); provided, that any modifications of the

provisions of Section 3304(a) (14) of the Federal Unemployment

Tax Act which

A. Specify other conditions or another effective date

than stated herein for ineligibility for benefits based on

wages for services performed by noncitizens aliens, and

B. Are required to be implemented under this Act as a

condition for the Federal approval of this Act requisite

to the full tax credit against the tax imposed by the

Federal Act for contributions paid by employers pursuant

to this Act, shall be applicable under the provisions of

this Section.

Any data or information required of individuals who claim

benefits for the purpose of determining whether benefits are

not payable to them pursuant to this Section shall be

uniformly required of all individuals who claim benefits.

If an individual would otherwise be eligible for benefits,

no determination shall be made that such individual is

ineligible for benefits pursuant to this Section because of

the individual's noncitizen alien status, except upon a

preponderance of the evidence.

(Source: P.A. 86-3; 87-122.)

Section 995. No acceleration or delay. Where this Act

makes changes in a statute that is represented in this Act by

text that is not yet or no longer in effect (for example, a

Section represented by multiple versions), the use of that

text does not accelerate or delay the taking effect of (i) the

changes made by this Act or (ii) provisions derived from any

other Public Act.