Rep. Dagmara Avelar

Filed: 4/4/2022

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1 AMENDMENT TO SENATE BILL 3865

2 AMENDMENT NO. ______. Amend Senate Bill 3865 by replacing

3 everything after the enacting clause with the following:

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

5 General Assembly in enacting this amendatory Act of the 102nd

6 General Assembly to make only nonsubstantive changes that

7 remove the dehumanizing term "alien" from all Illinois

8 statutory provisions. No change made by this amendatory Act of

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

10 any substantive change to existing law, including, but not

11 limited to, eligibility for federal programs or benefits that

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

13 under State or federal law.

14 Section 5. The Illinois Notary Public Act is amended by

15 changing Section 2-102 as follows:

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1 (5 ILCS 312/2-102) (from Ch. 102, par. 202-102)

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

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

4 and commission as a notary shall complete an application in a

5 format prescribed by the Secretary of State to be filed with

6 the Secretary of State, stating:

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

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

9 identification card;

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

11 the applicant is a resident of a state bordering Illinois,

12 the county in Illinois in which that person's principal

13 place of work or principal place of business is located;

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

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

16 identification card;

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

18 than the applicant's residence address, if performing

19 notarial acts constitutes any portion of the applicant's

20 job duties;

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

22 Illinois for 30 days preceding the application or that the

23 applicant who is a resident of a state bordering Illinois

24 has worked or maintained a business in Illinois for 30

25 days preceding the application;

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

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1 States or a person ~~an alien~~lawfully admitted for

2 permanent residence in the United States;

3 (f) the applicant's date of birth;

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

5 English language;

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

7 notary public appointment that was revoked or suspended

8 during the past 10 years;

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

10 felony;

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

12 Office of the Secretary of State to conduct a verification

13 to confirm the information provided in the application,

14 including a criminal background check of the applicant, if

15 necessary; and

16 (j) any other information the Secretary of State deems

17 necessary.

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

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

20 Sec. 2-102. Application.

21 (a) Application for notary public commission. Every

22 applicant for appointment and commission as a notary shall

23 complete an application in a format prescribed by the

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

25 stating:

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

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

3 identification card;

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

5 the applicant is a resident of a state bordering Illinois,

6 the county in Illinois in which that person's principal

7 place of work or principal place of business is located;

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

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

10 identification card;

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

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

13 the applicant's residence address, if performing notarial

14 acts constitutes any portion of the applicant's job

15 duties;

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

17 Illinois for 30 days preceding the application or that the

18 applicant who is a resident of a state bordering Illinois

19 has worked or maintained a business in Illinois for 30

20 days preceding the application;

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

22 States or lawfully admitted for permanent residence in the

23 United States;

24 (8) the applicant's date of birth;

25 (9) that the applicant is proficient in the ~~the~~

26 English language;

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1 (10) that the applicant has not had a prior

2 application or commission revoked due to a finding or

3 decision by the Secretary of State;

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

5 felony;

6 (12) that the applicant's signature authorizes the

7 Office of the Secretary of State to conduct a verification

8 to confirm the information provided in the application,

9 including a criminal background check of the applicant, if

10 necessary;

11 (13) that the applicant has provided satisfactory

12 proof to the Secretary of State that the applicant has

13 successfully completed any required course of study on

14 notarization; and

15 (14) any other information the Secretary of State

16 deems necessary.

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

18 the authority to conduct remote notarizations.

19 (c) Application for electronic notary public commission.

20 An application for an electronic notary public commission must

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

22 the Secretary of State. Every applicant for appointment and

23 commission as an electronic notary public shall complete an

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

25 (1) all information required to be included in an

26 application for appointment as an electronic notary

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1 public, as provided under subsection (a);

2 (2) that the applicant is commissioned as a notary

3 public under this Act;

4 (3) the applicant's email address;

5 (4) that the applicant has provided satisfactory proof

6 to the Secretary of State that the applicant has

7 successfully completed any required course of study on

8 electronic notarization and passed a qualifying

9 examination;

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

11 applicant intends to use to create his or her electronic

12 signature in performing electronic notarial acts;

13 (6) the electronic signature of the applicant; and

14 (7) any other information the Secretary of State deems

15 necessary.

16 (d) Electronic notarial acts. Before an electronic notary

17 public performs an electronic notarial act using audio-video

18 communication, he or she must be granted an electronic notary

19 public commission by the Secretary of State under this

20 Section, and identify the technology that the electronic

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

22 Secretary of State.

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

24 fulfillment of the requirements for a notarial commission or

25 an electronic notary public commission, the Secretary of State

26 shall approve the commission and issue to the applicant a

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1 unique commission number.

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

3 reject an application for a notarial commission or an

4 electronic notary public commission if the applicant fails to

5 comply with any Section of this Act.

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

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

8 Section 15. The Department of Commerce and Economic

9 Opportunity Law of the Civil Administrative Code of Illinois

10 is amended by changing Section 605-800 as follows:

11 (20 ILCS 605/605-800) (was 20 ILCS 605/46.19a in part)

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

13 demand.

14 (a) Grants to provide training in fields affected by

15 critical demands for certain skills may be made as provided in

16 this Section.

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

18 to other eligible entities on behalf of employers as

19 authorized in subsection (c) to provide training for employees

20 in fields for which there are critical demands for certain

21 skills. No participating employee may be a person without

22 employment authorization under federal law ~~an unauthorized~~

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

24 (c) The Director may accept applications for training

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

2 multi-company eligible employee training projects as defined

3 in subsection (d), including business associations, strategic

4 business partnerships, institutions of secondary or higher

5 education, large manufacturers for supplier network companies,

6 federal Job Training Partnership Act administrative entities

7 or grant recipients, and labor organizations when those

8 projects will address common training needs identified by

9 participating companies; and (ii) individual employers that

10 are undertaking eligible employee training projects as defined

11 in subsection (d), including intermediaries and training

12 agents.

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

14 defined in subsection (c) for employee training projects that

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

16 following:

17 (1) Training programs in response to new or changing

18 technology being introduced in the workplace.

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

20 career advancement or that is preparatory for, and leads

21 directly to, jobs with definite career potential and

22 long-term job security.

23 (3) Training necessary to implement total quality

24 management or improvement or both management and

25 improvement systems within the workplace.

26 (4) Training related to new machinery or equipment.

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1 (5) Training of employees of companies that are

2 expanding into new markets or expanding exports from

3 Illinois.

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

5 training of employees as a prerequisite for other

6 vocational or technical skills training or as a condition

7 for sustained employment.

8 (7) Self-employment training of the unemployed and

9 underemployed with comprehensive, competency-based

10 instructional programs and services, entrepreneurial

11 education and training initiatives for youth and adult

12 learners in cooperation with the Illinois Institute for

13 Entrepreneurial Education, training and education,

14 conferences, workshops, and best practice information for

15 local program operators of entrepreneurial education and

16 self-employment training programs.

17 (8) Other training activities or projects, or both

18 training activities and projects, related to the support,

19 development, or evaluation of job training programs,

20 activities, and delivery systems, including training needs

21 assessment and design.

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

23 the Department shall determine. No grant made under subsection

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

25 approved training programs provided by the employer or the

26 employer's training agent or other entity as defined in

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

2 but are not limited to:

3 (1) Administrative costs of tracking, documenting,

4 reporting, and processing training funds or project costs.

5 (2) Curriculum development.

6 (3) Wages and fringe benefits of employees.

7 (4) Training materials, including scrap product costs.

8 (5) Trainee travel expenses.

9 (6) Instructor costs, including wages, fringe

10 benefits, tuition, and travel expenses.

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

12 (8) Other usual and customary training costs.

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

14 visits to verify trainee employment dates and wages and to

15 ensure that the grantee's financial management system is

16 structured to provide for accurate, current, and complete

17 disclosure of the financial results of the grant program in

18 accordance with all provisions, terms, and conditions

19 contained in the grant contract. Each applicant must, on

20 request by the Department, provide to the Department a

21 notarized certification signed and dated by a duly authorized

22 representative of the applicant, or that representative's

23 authorized designee, certifying that all participating

24 employees are employed at an Illinois facility and, for each

25 participating employee, stating the employee's name and

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

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1 (ii) a statement that the applicant has adequate written

2 verification that the employee is employed at an Illinois

3 facility. The Department may audit the accuracy of

4 submissions. Applicants sponsoring multi-company training

5 grant programs shall obtain information meeting the

6 requirement of this subsection from each participating company

7 and provide it to the Department upon request.

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

9 charges from subgrantee entities and other system users under

10 federal job-training programs for participating in and

11 utilizing the Department's automated job-training program

12 information systems if the systems and the necessary

13 participation and utilization are requirements of the federal

14 job-training programs. All monies collected pursuant to this

15 subsection shall be deposited into the Federal Workforce

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

17 General Assembly, only for the purpose of financing the

18 maintenance and operation of the automated federal

19 job-training information systems.

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

21 Section 20. The Illinois Guaranteed Job Opportunity Act is

22 amended by changing Section 25 as follows:

23 (20 ILCS 1510/25)

24 Sec. 25. Program eligibility.

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

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

3 (1) is at least 16 years of age;

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

5 days;

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

7 determination of employment for job projects assisted

8 under this Act;

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

10 the United States, is a lawfully admitted permanent

11 resident ~~alien~~, is a lawfully admitted refugee or parolee,

12 or is otherwise authorized by the United States Attorney

13 General to work in the United States; and

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

15 the Illinois Public Aid Code.

16 (b) Limitations.

17 (1) (Blank).

18 (2) (Blank).

19 (3) No individual participating in the job opportunity

20 project assisted under this Act may work in any

21 compensated job other than the job assisted under this Act

22 for more than 20 hours per week.

23 (4) Individuals participating under this Act shall

24 seek employment during the period of employment assisted

25 under this Act.

26 (5) Any individual eligible for retirement benefits

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1 under the Social Security Act, under any retirement system

2 for Federal Government employees, under the railroad

3 retirement system, under the military retirement system,

4 under a State or local government pension plan or

5 retirement system, or any private pension program is not

6 eligible to receive a job under a job project assisted

7 under this Act.

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

9 Section 25. The Illinois Income Tax Act is amended by

10 changing Section 1501 as follows:

11 (35 ILCS 5/1501) (from Ch. 120, par. 15-1501)

12 Sec. 1501. Definitions.

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

14 distinctly expressed or manifestly incompatible with the

15 intent thereof:

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

17 all income that may be treated as apportionable business

18 income under the Constitution of the United States.

19 Business income is net of the deductions allocable

20 thereto. Such term does not include compensation or the

21 deductions allocable thereto. For each taxable year

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

23 elect to treat all income other than compensation as

24 business income. This election shall be made in accordance

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

2 be irrevocable.

3 (1.5) Captive real estate investment trust:

4 (A) The term "captive real estate investment

5 trust" means a corporation, trust, or association:

6 (i) that is considered a real estate

7 investment trust for the taxable year under

8 Section 856 of the Internal Revenue Code;

9 (ii) the certificates of beneficial interest

10 or shares of which are not regularly traded on an

11 established securities market; and

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

13 power or value of the beneficial interest or

14 shares, at any time during the last half of the

15 taxable year, is owned or controlled, directly,

16 indirectly, or constructively, by a single

17 corporation.

18 (B) The term "captive real estate investment

19 trust" does not include:

20 (i) a real estate investment trust of which

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

22 beneficial interest or shares is owned or

23 controlled, directly, indirectly, or

24 constructively, by:

25 (a) a real estate investment trust, other

26 than a captive real estate investment trust;

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1 (b) a person who is exempt from taxation

2 under Section 501 of the Internal Revenue

3 Code, and who is not required to treat income

4 received from the real estate investment trust

5 as unrelated business taxable income under

6 Section 512 of the Internal Revenue Code;

7 (c) a listed Australian property trust, if

8 no more than 50% of the voting power or value

9 of the beneficial interest or shares of that

10 trust, at any time during the last half of the

11 taxable year, is owned or controlled, directly

12 or indirectly, by a single person;

13 (d) an entity organized as a trust,

14 provided a listed Australian property trust

15 described in subparagraph (c) owns or

16 controls, directly or indirectly, or

17 constructively, 75% or more of the voting

18 power or value of the beneficial interests or

19 shares of such entity; or

20 (e) an entity that is organized outside of

21 the laws of the United States and that

22 satisfies all of the following criteria:

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

24 asset value at the close of its taxable

25 year is represented by real estate assets

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

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1 Internal Revenue Code, thereby including

2 shares or certificates of beneficial

3 interest in any real estate investment

4 trust), cash and cash equivalents, and

5 U.S. Government securities;

6 (2) the entity is not subject to tax

7 on amounts that are distributed to its

8 beneficial owners or is exempt from

9 entity-level taxation;

10 (3) the entity distributes at least

11 85% of its taxable income (as computed in

12 the jurisdiction in which it is organized)

13 to the holders of its shares or

14 certificates of beneficial interest on an

15 annual basis;

16 (4) either (i) the shares or

17 beneficial interests of the entity are

18 regularly traded on an established

19 securities market or (ii) not more than

20 10% of the voting power or value in the

21 entity is held, directly, indirectly, or

22 constructively, by a single entity or

23 individual; and

24 (5) the entity is organized in a

25 country that has entered into a tax treaty

26 with the United States; or

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1 (ii) during its first taxable year for which

2 it elects to be treated as a real estate

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

4 Internal Revenue Code, a real estate investment

5 trust the certificates of beneficial interest or

6 shares of which are not regularly traded on an

7 established securities market, but only if the

8 certificates of beneficial interest or shares of

9 the real estate investment trust are regularly

10 traded on an established securities market prior

11 to the earlier of the due date (including

12 extensions) for filing its return under this Act

13 for that first taxable year or the date it

14 actually files that return.

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

16 constructive ownership rules prescribed under Section

17 318(a) of the Internal Revenue Code, as modified by

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

19 in determining the ownership of stock, assets, or net

20 profits of any person.

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

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

23 voting power or value of the beneficial interest or

24 shares of a real estate investment trust does not

25 include any voting power or value of beneficial

26 interest or shares in a real estate investment trust

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1 held directly or indirectly in a segregated asset

2 account by a life insurance company (as described in

3 Section 817 of the Internal Revenue Code) to the

4 extent such voting power or value is for the benefit of

5 entities or persons who are either immune from

6 taxation or exempt from taxation under subtitle A of

7 the Internal Revenue Code.

8 (2) Commercial domicile. The term "commercial

9 domicile" means the principal place from which the trade

10 or business of the taxpayer is directed or managed.

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

12 salaries, commissions and any other form of remuneration

13 paid to employees for personal services.

14 (4) Corporation. The term "corporation" includes

15 associations, joint-stock companies, insurance companies

16 and cooperatives. Any entity, including a limited

17 liability company formed under the Illinois Limited

18 Liability Company Act, shall be treated as a corporation

19 if it is so classified for federal income tax purposes.

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

21 Department of Revenue of this State.

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

23 of Revenue of this State.

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

25 trustee, executor, administrator, receiver, or any person

26 acting in any fiduciary capacity for any person.

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1 (8) Financial organization.

2 (A) The term "financial organization" means any

3 bank, bank holding company, trust company, savings

4 bank, industrial bank, land bank, safe deposit

5 company, private banker, savings and loan association,

6 building and loan association, credit union, currency

7 exchange, cooperative bank, small loan company, sales

8 finance company, investment company, or any person

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

10 the purpose of this Section a "person" will include

11 only those persons which a bank holding company may

12 acquire and hold an interest in, directly or

13 indirectly, under the provisions of the Bank Holding

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

15 where interests in any person must be disposed of

16 within certain required time limits under the Bank

17 Holding Company Act of 1956.

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

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

20 that is regulated by the Comptroller of the Currency

21 under the National Bank Act, or by the Federal Reserve

22 Board, or by the Federal Deposit Insurance Corporation

23 and (ii) any federally or State chartered bank

24 operating as a credit card bank.

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

26 paragraph, the term "sales finance company" has the

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

2 (i) A person primarily engaged in one or more

3 of the following businesses: the business of

4 purchasing customer receivables, the business of

5 making loans upon the security of customer

6 receivables, the business of making loans for the

7 express purpose of funding purchases of tangible

8 personal property or services by the borrower, or

9 the business of finance leasing. For purposes of

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

11 (a) a retail installment contract or

12 retail charge agreement within the meaning of

13 the Sales Finance Agency Act, the Retail

14 Installment Sales Act, or the Motor Vehicle

15 Retail Installment Sales Act;

16 (b) an installment, charge, credit, or

17 similar contract or agreement arising from the

18 sale of tangible personal property or services

19 in a transaction involving a deferred payment

20 price payable in one or more installments

21 subsequent to the sale; or

22 (c) the outstanding balance of a contract

23 or agreement described in provisions (a) or

24 (b) of this item (i).

25 A customer receivable need not provide for

26 payment of interest on deferred payments. A sales

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1 finance company may purchase a customer receivable

2 from, or make a loan secured by a customer

3 receivable to, the seller in the original

4 transaction or to a person who purchased the

5 customer receivable directly or indirectly from

6 that seller.

7 (ii) A corporation meeting each of the

8 following criteria:

9 (a) the corporation must be a member of an

10 "affiliated group" within the meaning of

11 Section 1504(a) of the Internal Revenue Code,

12 determined without regard to Section 1504(b)

13 of the Internal Revenue Code;

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

15 the corporation for the taxable year must be

16 interest income derived from qualifying loans.

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

18 of the corporation's affiliated group that

19 originates customer receivables (within the

20 meaning of item (i)) or to whom customer

21 receivables originated by a member of the

22 affiliated group have been transferred, to the

23 extent the average outstanding balance of

24 loans from that corporation to members of its

25 affiliated group during the taxable year do

26 not exceed the limitation amount for that

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1 corporation. The "limitation amount" for a

2 corporation is the average outstanding

3 balances during the taxable year of customer

4 receivables (within the meaning of item (i))

5 originated by all members of the affiliated

6 group. If the average outstanding balances of

7 the loans made by a corporation to members of

8 its affiliated group exceed the limitation

9 amount, the interest income of that

10 corporation from qualifying loans shall be

11 equal to its interest income from loans to

12 members of its affiliated groups times a

13 fraction equal to the limitation amount

14 divided by the average outstanding balances of

15 the loans made by that corporation to members

16 of its affiliated group;

17 (c) the total of all shareholder's equity

18 (including, without limitation, paid-in

19 capital on common and preferred stock and

20 retained earnings) of the corporation plus the

21 total of all of its loans, advances, and other

22 obligations payable or owed to members of its

23 affiliated group may not exceed 20% of the

24 total assets of the corporation at any time

25 during the tax year; and

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

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1 obligations of the affiliated group payable to

2 persons outside the group determined in

3 accordance with generally accepted accounting

4 principles must be obligations of the

5 corporation.

6 This amendatory Act of the 91st General Assembly

7 is declaratory of existing law.

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

9 are declaratory of existing law and apply

10 retroactively, for all tax years beginning on or

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

12 all amended returns filed no later than 30 days after

13 the effective date of this amendatory Act of 1996, and

14 to all notices issued on or before the effective date

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

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

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

18 a "financial organization" that engages in any

19 transaction with an affiliate shall be a "financial

20 organization" for all purposes of this Act.

21 (E) For all tax years beginning on or before

22 December 31, 1996, a taxpayer that falls within the

23 definition of a "financial organization" under

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

25 does not fall within the definition of a "financial

26 organization" under the Proposed Regulations issued by

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1 the Department of Revenue on July 19, 1996, may

2 irrevocably elect to apply the Proposed Regulations

3 for all of those years as though the Proposed

4 Regulations had been lawfully promulgated, adopted,

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

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

7 all of those years, the election allowed by this

8 subparagraph applies only to the taxpayer making the

9 election and to those members of the taxpayer's

10 unitary business group who are ordinarily required to

11 apportion business income under the same subsection of

12 Section 304 of this Act as the taxpayer making the

13 election. No election allowed by this subparagraph

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

15 of Section 909 more than 30 days after the effective

16 date of this amendatory Act of 1996.

17 (F) Finance Leases. For purposes of this

18 subsection, a finance lease shall be treated as a loan

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

20 regardless of how the transaction is characterized for

21 any other purpose, including the purposes of any

22 regulatory agency to which the lessor is subject. A

23 finance lease is any transaction in the form of a lease

24 in which the lessee is treated as the owner of the

25 leased asset entitled to any deduction for

26 depreciation allowed under Section 167 of the Internal

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1 Revenue Code.

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

3 accounting period of 12 months ending on the last day of

4 any month other than December.

5 (9.5) Fixed place of business. The term "fixed place

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

7 Section 864 of the Internal Revenue Code and the related

8 Treasury regulations.

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

10 "including" when used in a definition contained in this

11 Act shall not be deemed to exclude other things otherwise

12 within the meaning of the term defined.

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

14 Code" means the United States Internal Revenue Code of

15 1954 or any successor law or laws relating to federal

16 income taxes in effect for the taxable year.

17 (11.5) Investment partnership.

18 (A) The term "investment partnership" means any

19 entity that is treated as a partnership for federal

20 income tax purposes that meets the following

21 requirements:

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

23 of its total assets consists of qualifying

24 investment securities, deposits at banks or other

25 financial institutions, and office space and

26 equipment reasonably necessary to carry on its

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1 activities as an investment partnership;

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

3 consists of interest, dividends, and gains from

4 the sale or exchange of qualifying investment

5 securities; and

6 (iii) the partnership is not a dealer in

7 qualifying investment securities.

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

9 term "qualifying investment securities" includes all

10 of the following:

11 (i) common stock, including preferred or debt

12 securities convertible into common stock, and

13 preferred stock;

14 (ii) bonds, debentures, and other debt

15 securities;

16 (iii) foreign and domestic currency deposits

17 secured by federal, state, or local governmental

18 agencies;

19 (iv) mortgage or asset-backed securities

20 secured by federal, state, or local governmental

21 agencies;

22 (v) repurchase agreements and loan

23 participations;

24 (vi) foreign currency exchange contracts and

25 forward and futures contracts on foreign

26 currencies;

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1 (vii) stock and bond index securities and

2 futures contracts and other similar financial

3 securities and futures contracts on those

4 securities;

5 (viii) options for the purchase or sale of any

6 of the securities, currencies, contracts, or

7 financial instruments described in items (i) to

8 (vii), inclusive;

9 (ix) regulated futures contracts;

10 (x) commodities (not described in Section

11 1221(a)(1) of the Internal Revenue Code) or

12 futures, forwards, and options with respect to

13 such commodities, provided, however, that any item

14 of a physical commodity to which title is actually

15 acquired in the partnership's capacity as a dealer

16 in such commodity shall not be a qualifying

17 investment security;

18 (xi) derivatives; and

19 (xii) a partnership interest in another

20 partnership that is an investment partnership.

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

22 includes the following types of errors, omissions, or

23 defects in a return filed by a taxpayer which prevents

24 acceptance of the return as filed for processing:

25 (A) arithmetic errors or incorrect computations on

26 the return or supporting schedules;

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1 (B) entries on the wrong lines;

2 (C) omission of required supporting forms or

3 schedules or the omission of the information in whole

4 or in part called for thereon; and

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

6 improperly report, in a manner directly contrary to

7 the provisions of the Act and regulations thereunder

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

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

10 means all income other than business income or

11 compensation.

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

13 person who is not a resident.

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

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

16 the method of accounting upon the basis of which the

17 person's base income is computed under this Act.

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

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

20 unincorporated organization, through or by means of which

21 any business, financial operation, or venture is carried

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

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

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

25 venture or organization.

26 The term "partnership" includes any entity, including

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1 a limited liability company formed under the Illinois

2 Limited Liability Company Act, classified as a partnership

3 for federal income tax purposes.

4 The term "partnership" does not include a syndicate,

5 group, pool, joint venture, or other unincorporated

6 organization established for the sole purpose of playing

7 the Illinois State Lottery.

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

9 means an individual who became a resident during the

10 taxable year or ceased to be a resident during the taxable

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

12 with presence in this State for other than a temporary or

13 transitory purpose and ceases with absence from this State

14 for other than a temporary or transitory purpose. Under

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

16 establishment of domicile in this State and ceases with

17 the establishment of domicile in another State.

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

19 mean and include an individual, a trust, estate,

20 partnership, association, firm, company, corporation,

21 limited liability company, or fiduciary. For purposes of

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

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

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

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

26 employee, officer, director, or agent of a limited

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1 liability company who in such capacity commits an offense

2 specified in Section 1301 and 1302.

3 (18A) Records. The term "records" includes all data

4 maintained by the taxpayer, whether on paper, microfilm,

5 microfiche, or any type of machine-sensible data

6 compilation.

7 (19) Regulations. The term "regulations" includes

8 rules promulgated and forms prescribed by the Department.

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

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

11 other than a temporary or transitory purpose during

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

13 State but is absent from the State for a temporary or

14 transitory purpose during the taxable year;

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

16 death was domiciled in this State;

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

18 his death was domiciled in this State; and

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

20 domiciled in this State at the time such trust became

21 irrevocable. For purpose of this subparagraph, a trust

22 shall be considered irrevocable to the extent that the

23 grantor is not treated as the owner thereof under

24 Sections 671 through 678 of the Internal Revenue Code.

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

26 of the taxpayer not allocated under Sections 301, 302 and

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1 303.

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

3 jurisdiction other than this State means any state of the

4 United States, the District of Columbia, the Commonwealth

5 of Puerto Rico, any Territory or Possession of the United

6 States, and any foreign country, or any political

7 subdivision of any of the foregoing. For purposes of the

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

9 means any state of the United States, the District of

10 Columbia, the Commonwealth of Puerto Rico, and any

11 territory or possession of the United States, or any

12 political subdivision of any of the foregoing, effective

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

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

15 calendar year, or the fiscal year ending during such

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

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

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

19 provisions of this Act, the period for which such return

20 is made.

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

22 subject to the tax imposed by this Act.

23 (25) International banking facility. The term

24 international banking facility shall have the same meaning

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

26 forth in the laws of the United States or regulations of

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1 the Board of Governors of the Federal Reserve System.

2 (26) Income Tax Return Preparer.

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

4 any person who prepares for compensation, or who

5 employs one or more persons to prepare for

6 compensation, any return of tax imposed by this Act or

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

8 preparation of a substantial portion of a return or

9 claim for refund shall be treated as the preparation

10 of that return or claim for refund.

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

12 if all he or she does is

13 (i) furnish typing, reproducing, or other

14 mechanical assistance;

15 (ii) prepare returns or claims for refunds for

16 the employer by whom he or she is regularly and

17 continuously employed;

18 (iii) prepare as a fiduciary returns or claims

19 for refunds for any person; or

20 (iv) prepare claims for refunds for a taxpayer

21 in response to any notice of deficiency issued to

22 that taxpayer or in response to any waiver of

23 restriction after the commencement of an audit of

24 that taxpayer or of another taxpayer if a

25 determination in the audit of the other taxpayer

26 directly or indirectly affects the tax liability

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1 of the taxpayer whose claims he or she is

2 preparing.

3 (27) Unitary business group.

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

5 group of persons related through common ownership

6 whose business activities are integrated with,

7 dependent upon and contribute to each other. The group

8 will not include those members whose business activity

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

10 member's total business activity; for purposes of this

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

12 business activity within the United States shall be

13 measured by means of the factors ordinarily applicable

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

15 Section 304 except that, in the case of members

16 ordinarily required to apportion business income by

17 means of the 3 factor formula of property, payroll and

18 sales specified in subsection (a) of Section 304,

19 including the formula as weighted in subsection (h) of

20 Section 304, such members shall not use the sales

21 factor in the computation and the results of the

22 property and payroll factor computations of subsection

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

24 either the property or payroll factor has a

25 denominator of zero). The computation required by the

26 preceding sentence shall, in each case, involve the

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

2 miles in the United States, insurance premiums on

3 property or risk in the United States, or financial

4 organization business income from sources within the

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

6 worldwide figures for such items. Common ownership in

7 the case of corporations is the direct or indirect

8 control or ownership of more than 50% of the

9 outstanding voting stock of the persons carrying on

10 unitary business activity. Unitary business activity

11 can ordinarily be illustrated where the activities of

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

13 manufacturing, wholesaling, retailing of tangible

14 personal property, insurance, transportation or

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

16 enterprise or process (such as the steps involved in

17 the production of natural resources, which might

18 include exploration, mining, refining, and marketing);

19 and, in either instance, the members are functionally

20 integrated through the exercise of strong centralized

21 management (where, for example, authority over such

22 matters as purchasing, financing, tax compliance,

23 product line, personnel, marketing and capital

24 investment is not left to each member).

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

26 December 31, 2017, shall any unitary business group

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1 include members which are ordinarily required to

2 apportion business income under different subsections

3 of Section 304 except that for tax years ending on or

4 after December 31, 1987 this prohibition shall not

5 apply to a holding company that would otherwise be a

6 member of a unitary business group with taxpayers that

7 apportion business income under any of subsections

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

9 business group would, but for the preceding sentence,

10 include members that are ordinarily required to

11 apportion business income under different subsections

12 of Section 304, then for each subsection of Section

13 304 for which there are two or more members, there

14 shall be a separate unitary business group composed of

15 such members. For purposes of the preceding two

16 sentences, a member is "ordinarily required to

17 apportion business income" under a particular

18 subsection of Section 304 if it would be required to

19 use the apportionment method prescribed by such

20 subsection except for the fact that it derives

21 business income solely from Illinois. As used in this

22 paragraph, for taxable years ending before December

23 31, 2017, the phrase "United States" means only the 50

24 states and the District of Columbia, but does not

25 include any territory or possession of the United

26 States or any area over which the United States has

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1 asserted jurisdiction or claimed exclusive rights with

2 respect to the exploration for or exploitation of

3 natural resources. For taxable years ending on or

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

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

6 the District of Columbia, and any area over which the

7 United States has asserted jurisdiction or claimed

8 exclusive rights with respect to the exploration for

9 or exploitation of natural resources, but does not

10 include any territory or possession of the United

11 States.

12 (C) Holding companies.

13 (i) For purposes of this subparagraph, a

14 "holding company" is a corporation (other than a

15 corporation that is a financial organization under

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

17 1501 because it is a bank holding company under

18 the provisions of the Bank Holding Company Act of

19 1956 (12 U.S.C. 1841, et seq.) or because it is

20 owned by a bank or a bank holding company) that

21 owns a controlling interest in one or more other

22 taxpayers ("controlled taxpayers"); that, during

23 the period that includes the taxable year and the

24 2 immediately preceding taxable years or, if the

25 corporation was formed during the current or

26 immediately preceding taxable year, the taxable

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1 years in which the corporation has been in

2 existence, derived substantially all its gross

3 income from dividends, interest, rents, royalties,

4 fees or other charges received from controlled

5 taxpayers for the provision of services, and gains

6 on the sale or other disposition of interests in

7 controlled taxpayers or in property leased or

8 licensed to controlled taxpayers or used by the

9 taxpayer in providing services to controlled

10 taxpayers; and that incurs no substantial expenses

11 other than expenses (including interest and other

12 costs of borrowing) incurred in connection with

13 the acquisition and holding of interests in

14 controlled taxpayers and in the provision of

15 services to controlled taxpayers or in the leasing

16 or licensing of property to controlled taxpayers.

17 (ii) The income of a holding company which is

18 a member of more than one unitary business group

19 shall be included in each unitary business group

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

21 including in each unitary business group that

22 portion of the base income of the holding company

23 that bears the same proportion to the total base

24 income of the holding company as the gross

25 receipts of the unitary business group bears to

26 the combined gross receipts of all unitary

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1 business groups (in both cases without regard to

2 the holding company) or on any other reasonable

3 basis, consistently applied.

4 (iii) A holding company shall apportion its

5 business income under the subsection of Section

6 304 used by the other members of its unitary

7 business group. The apportionment factors of a

8 holding company which would be a member of more

9 than one unitary business group shall be included

10 with the apportionment factors of each unitary

11 business group of which it is a member on a pro

12 rata basis using the same method used in clause

13 (ii).

14 (iv) The provisions of this subparagraph (C)

15 are intended to clarify existing law.

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

17 holding company in more than one unitary business

18 group under subparagraph (C) does not fairly reflect

19 the degree of integration between the holding company

20 and one or more of the unitary business groups, the

21 dependence of the holding company and one or more of

22 the unitary business groups upon each other, or the

23 contributions between the holding company and one or

24 more of the unitary business groups, the holding

25 company may petition the Director, under the

26 procedures provided under Section 304(f), for

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1 permission to include all base income and factors of

2 the holding company only with members of a unitary

3 business group apportioning their business income

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

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

6 holding company shall be included in a unitary

7 business group only with persons apportioning their

8 business income under the selected subsection of

9 Section 304 until the Director grants a petition of

10 the holding company either to be included in more than

11 one unitary business group under subparagraph (C) or

12 to include its base income and factors only with

13 members of a unitary business group apportioning their

14 business income under a different subsection of

15 Section 304.

16 (E) If the unitary business group members'

17 accounting periods differ, the common parent's

18 accounting period or, if there is no common parent,

19 the accounting period of the member that is expected

20 to have, on a recurring basis, the greatest Illinois

21 income tax liability must be used to determine whether

22 to use the apportionment method provided in subsection

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

24 against membership in a unitary business group for

25 taxpayers ordinarily required to apportion income

26 under different subsections of Section 304 does not

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1 apply to taxpayers required to apportion income under

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

3 provisions of this amendatory Act of 1998 apply to tax

4 years ending on or after December 31, 1998.

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

6 corporation" means a corporation for which there is in

7 effect an election under Section 1362 of the Internal

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

9 opt out of the provisions of the Subchapter S Revision Act

10 of 1982 and have applied instead the prior federal

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

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

13 any person who is a nonresident individual who is a

14 national or citizen of a country other than the United

15 States ~~alien individual~~ and any nonindividual entity,

16 regardless of where created or organized, whose business

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

18 entity's total business activity.

19 (b) Other definitions.

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

21 used in this Act, where not otherwise distinctly expressed

22 or manifestly incompatible with the intent thereof:

23 (A) Words importing the singular include and apply

24 to several persons, parties or things;

25 (B) Words importing the plural include the

26 singular; and

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1 (C) Words importing the masculine gender include

2 the feminine as well.

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

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

5 used in reference to a corporation, shall be deemed to

6 embrace the words "successors and assigns of such company

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

8 words, or words of similar import, were expressed.

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

10 Act with respect to the application of, or in connection

11 with, the provisions of any other Section of this Act

12 shall have the same meaning as in such other Section.

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

14 Section 30. The Counties Code is amended by changing

15 Section 3-12007 as follows:

16 (55 ILCS 5/3-12007) (from Ch. 34, par. 3-12007)

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

18 The Director of Personnel shall prepare and submit to the

19 commission proposed rules for the classified service. The

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

21 all departments or agencies affected and they shall be given

22 an opportunity, upon their request, to appear before the

23 commission to express their views thereon before action is

24 taken by the commission.

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

2 Section 3-12005 shall provide for:

3 (1) preparation, maintenance and revision of a position

4 classification plan for all positions in the classified

5 service, based upon the similarity of duties performed and

6 responsibilities assumed, so that the same qualifications may

7 reasonably be required and the same schedule of pay may be

8 applied to all positions in the same class. Each position

9 authorized by the Board shall be allocated by the director to

10 the proper class and assigned to the appropriate pay range for

11 that class.

12 (2) promotion which shall give appropriate consideration

13 to the applicant's qualifications, record of performance,

14 seniority, and conduct. Vacancies shall be filled by promotion

15 whenever practicable and in the best interest of the county

16 service, and preference may be given to employees within the

17 department in which the vacancy occurs.

18 (3) open competitive examinations to determine the

19 relative fitness of applicants for the respective competitive

20 positions.

21 (4) competitive selection of employees for all classes in

22 the classified service.

23 (5) establishment of lists of eligibles for appointment

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

25 successful candidates in the order of their relative

26 excellence in the respective examinations. The duration of

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1 eligible lists for initial appointment shall be for no more

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

3 one additional year; lists of eligibles for promotion shall be

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

5 considered valid by the director.

6 (6) certification by the director to the appointing

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

8 eligibles for a single vacancy.

9 (7) rejection of candidates who do not comply with

10 reasonable job requirements in regard to such factors as age,

11 physical condition, training and experience, or who are

12 addicted to alcohol or narcotics or have been guilty of

13 infamous or disgraceful conduct or are undocumented immigrants

14 ~~illegal aliens~~.

15 (8) periods of probationary employment. During the initial

16 probation period following appointment any employee may be

17 discharged or demoted without charges or hearing except that

18 any applicant or employee, regardless of status, who has

19 reason to believe that he/she has been discriminated against

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

21 national origin in any personnel action may appeal to the

22 commission in accordance with the provisions of this Division

23 or in appropriate rules established by the commission pursuant

24 to subsection (a) of Section 3-12005.

25 (9) provisional employment without competitive

26 examinations when there is no appropriate eligible list

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1 available. No person hired as a provisional employee shall

2 continue on the county payroll longer than 6 months per

3 calendar year nor shall successive provisional appointments be

4 allowed.

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

6 position in another department involving similar

7 qualifications, duties, responsibilities and salary.

8 (11) procedures for authorized reinstatement within one

9 year of persons who resign in good standing.

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

11 of the position, or material changes in duties or

12 organization, and for the layoff of nontenured employees

13 first, and for the reemployment of permanent employees so laid

14 off, giving consideration in both layoff and reemployment to

15 performance record and seniority in service.

16 (13) keeping records of performance of all employees in

17 the classified service.

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

19 misconduct, inefficiency, incompetence, insubordination,

20 malfeasance or other unfitness to render effective service and

21 for the investigation and hearing of appeals of any employee

22 recommended for suspension, demotion or dismissal by a

23 department head for any of the foregoing reasons.

24 (15) establishment of a plan for resolving employee

25 grievances and complaints, including an appeals procedure.

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

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

2 without pay, or at reduced pay.

3 (17) development of employee morale, safety and training

4 programs.

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

6 which shall be determined by the complexity of the work

7 involved, but which shall not exceed one year without special

8 written approval from the commission.

9 (19) such other rules, not inconsistent with this

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

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

12 Section 35. The Metropolitan Water Reclamation District

13 Act is amended by changing Section 11.15 as follows:

14 (70 ILCS 2605/11.15) (from Ch. 42, par. 331.15)

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

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

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

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

19 a person ~~an alien~~ lawfully admitted for permanent residence

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

21 individual who has been granted asylum under Section 1158 of

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

23 otherwise legally authorized to work in the United States.

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

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1 Section 40. The Board of Higher Education Act is amended

2 by changing Section 9.16 as follows:

3 (110 ILCS 205/9.16) (from Ch. 144, par. 189.16)

4 Sec. 9.16. Underrepresentation of certain groups in higher

5 education. To require public institutions of higher education

6 to develop and implement methods and strategies to increase

7 the participation of minorities, women and individuals with

8 disabilities who are traditionally underrepresented in

9 education programs and activities. For the purpose of this

10 Section, minorities shall mean persons who are citizens of the

11 United States or lawful permanentresidents ~~resident aliens~~ of

12 the United States and who are any of the following:

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

14 origins in any of the original peoples of North and South

15 America, including Central America, and who maintains

16 tribal affiliation or community attachment).

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

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

19 Indian subcontinent, including, but not limited to,

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

21 the Philippine Islands, Thailand, and Vietnam).

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

23 in any of the black racial groups of Africa).

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

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1 Puerto Rican, South or Central American, or other Spanish

2 culture or origin, regardless of race).

3 (5) Native Hawaiian or Other Pacific Islander (a

4 person having origins in any of the original peoples of

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

6 The Board shall adopt any rules necessary to administer

7 this Section. The Board shall also do the following:

8 (a) require all public institutions of higher education to

9 develop and submit plans for the implementation of this

10 Section;

11 (b) conduct periodic review of public institutions of

12 higher education to determine compliance with this Section;

13 and if the Board finds that a public institution of higher

14 education is not in compliance with this Section, it shall

15 notify the institution of steps to take to attain compliance;

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

17 (d) conduct studies of the effectiveness of methods and

18 strategies designed to increase participation of students in

19 education programs and activities in which minorities, women

20 and individuals with disabilities are traditionally

21 underrepresented, and monitor the success of students in such

22 education programs and activities;

23 (e) encourage minority student recruitment and retention

24 in colleges and universities. In implementing this paragraph,

25 the Board shall undertake but need not be limited to the

26 following: the establishment of guidelines and plans for

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1 public institutions of higher education for minority student

2 recruitment and retention, the review and monitoring of

3 minority student programs implemented at public institutions

4 of higher education to determine their compliance with any

5 guidelines and plans so established, the determination of the

6 effectiveness and funding requirements of minority student

7 programs at public institutions of higher education, the

8 dissemination of successful programs as models, and the

9 encouragement of cooperative partnerships between community

10 colleges and local school attendance centers which are

11 experiencing difficulties in enrolling minority students in

12 four-year colleges and universities;

13 (f) mandate all public institutions of higher education to

14 submit data and information essential to determine compliance

15 with this Section. The Board shall prescribe the format and

16 the date for submission of this data and any other education

17 equity data; and

18 (g) report to the General Assembly and the Governor

19 annually with a description of the plans submitted by each

20 public institution of higher education for implementation of

21 this Section, including financial data relating to the most

22 recent fiscal year expenditures for specific minority

23 programs, the effectiveness of such plans and programs and the

24 effectiveness of the methods and strategies developed by the

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

26 compliance with this Section by each public institution of

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1 higher education as determined by the Board pursuant to its

2 periodic review responsibilities, and the findings made by the

3 Board in conducting its studies and monitoring student success

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

5 each public institution of higher education such report also

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

7 respect to each institution's minority program budget

8 allocations; minority student admission, retention and

9 graduation statistics; admission, retention, and graduation

10 statistics of all students who are the first in their

11 immediate family to attend an institution of higher education;

12 number of financial assistance awards to undergraduate and

13 graduate minority students; and minority faculty

14 representation. This paragraph shall not be construed to

15 prohibit the Board from making, preparing or issuing

16 additional surveys or studies with respect to minority

17 education in Illinois.

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

19 Section 45. The Dental Student Grant Act is amended by

20 changing Section 3.06 as follows:

21 (110 ILCS 925/3.06) (from Ch. 144, par. 1503.06)

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

23 meets all of the following qualifications:

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

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1 citizen or lawful permanent resident~~alien~~ of the United

2 States;

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

4 school located in Illinois;

5 (c) That the individual exhibits financial need as

6 determined by the Department;

7 (d) That the individual has earned an educational diploma

8 at an institution of education located in this State or has

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

10 applying for the grant;

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

12 defined in Section 3.07; and

13 (f) That the individual meets other qualifications which

14 shall be established by the Department.

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

16 Section 50. The Diversifying Higher Education Faculty in

17 Illinois Act is amended by changing Sections 2 and 7 as

18 follows:

19 (110 ILCS 930/2) (from Ch. 144, par. 2302)

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

21 context otherwise requires:

22 "Board" means the Board of Higher Education.

23 "DFI" means the Diversifying Higher Education Faculty in

24 Illinois Program of financial assistance to minorities who are

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1 traditionally underrepresented as participants in

2 postsecondary education. The program shall assist them in

3 pursuing a graduate or professional degree and shall also

4 assist program graduates to find employment at an Illinois

5 institution of higher education, including a community

6 college, in a faculty or staff position.

7 "Program Board" means the entity created to administer the

8 grant program authorized by this Act.

9 "Qualified institution of higher education" means a

10 qualifying publicly or privately operated educational

11 institution located within Illinois (i) that offers

12 instruction leading toward or prerequisite to an academic or

13 professional degree beyond the baccalaureate degree, excluding

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

15 the State of Illinois.

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

17 United States or a lawful permanent resident~~alien~~ of the

18 United States and who is any of the following:

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

20 origins in any of the original peoples of North and South

21 America, including Central America, and who maintains

22 tribal affiliation or community attachment).

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

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

25 Indian subcontinent, including, but not limited to,

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

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1 the Philippine Islands, Thailand, and Vietnam).

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

3 in any of the black racial groups of Africa).

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

5 Puerto Rican, South or Central American, or other Spanish

6 culture or origin, regardless of race).

7 (5) Native Hawaiian or Other Pacific Islander (a

8 person having origins in any of the original peoples of

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

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

11 (110 ILCS 930/7) (from Ch. 144, par. 2307)

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

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

14 Program Board finds:

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

16 and a citizen or lawful permanent resident~~alien~~ of the

17 United States;

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

19 minority as defined under the terms of this Act;

20 (c) That the individual has earned any educational

21 diploma at an institution of education located in this

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

23 years prior to applying for the grant, and the individual

24 must hold a baccalaureate degree from an institution of

25 higher learning;

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

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

3 prevented from pursuing a graduate or professional degree

4 at a qualified institution of higher education of his or

5 her choice;

6 (e) That the individual has above average academic

7 ability to pursue a graduate or professional degree; and

8 (f) That the individual meets other qualifications

9 which shall be established by the Program Board.

10 Grant funds shall be awarded only to those persons

11 pursuing a graduate or professional degree program at a

12 qualified institution of higher education.

13 The Board shall by rule promulgate, pursuant to the

14 Illinois Administrative Procedure Act, precise standards to be

15 used by the Program Board to determine whether a program

16 applicant has above average academic ability to pursue a

17 graduate or professional degree.

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

19 Section 55. The Higher Education Student Assistance Act is

20 amended by changing Sections 65.50 and 65.110 as follows:

21 (110 ILCS 947/65.50)

22 Sec. 65.50. Teacher training full-time undergraduate

23 scholarships.

24 (a) Five hundred new scholarships shall be provided each

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1 year for qualified high school students or high school

2 graduates who desire to pursue full-time undergraduate studies

3 in teacher education at public or private universities or

4 colleges and community colleges in this State. The Commission,

5 in accordance with rules and regulations promulgated for this

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

7 new recipients from among those applicants who qualify for

8 consideration by showing:

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

10 citizen or a lawful permanent resident~~alien~~ of the United

11 States;

12 (2) that he or she has successfully completed the

13 program of instruction at an approved high school or is a

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

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

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

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

18 class;

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

20 higher education; and

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

22 in accordance with subsection (b).

23 No rule or regulation promulgated by the State Board of

24 Education prior to the effective date of this amendatory Act

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

26 responsibility or matter of pending business transferred from

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1 the State Board of Education to the Commission under this

2 Section shall be affected thereby, and all such rules and

3 regulations shall become the rules and regulations of the

4 Commission until modified or changed by the Commission in

5 accordance with law.

6 If in any year the number of qualified applicants exceeds

7 the number of scholarships to be awarded, the Commission shall

8 give priority in awarding scholarships to students in

9 financial need. The Commission shall consider factors such as

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

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

12 family attending college in determining the financial need of

13 the individual.

14 Unless otherwise indicated, these scholarships shall be

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

16 enrolled for residence credit at a public or private

17 university or college or at a community college. The

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

19 per year. For purposes of calculating scholarship awards for

20 recipients attending private universities or colleges, tuition

21 and fees for students at private colleges and universities

22 shall not exceed the average tuition and fees for students at

23 4-year public colleges and universities for the academic year

24 in which the scholarship is made.

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

26 teacher education program, any person who accepted a

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1 scholarship under the undergraduate scholarship program

2 continued by this Section, including persons whose graduation

3 or termination of enrollment occurred prior to the effective

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

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

6 following his or her graduation or termination. If the

7 recipient spends up to 4 years in military service before or

8 after he or she graduates, the period of military service

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

10 recipient who is enrolled full-time in an academic program

11 leading to a graduate degree in education shall have the

12 period of graduate study excluded from the computation of that

13 7 year period.

14 Any person who fails to fulfill the teaching requirement

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

16 the scholarship received for each unfulfilled year of the

17 4-year teaching requirement, together with interest at 8% per

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

19 not apply when the failure to fulfill the teaching requirement

20 results from involuntarily leaving the profession due to a

21 decrease in the number of teachers employed by the school

22 board or a discontinuation of a type of teaching service under

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

24 adjudication as incompetent of the person holding the

25 scholarship. No claim for repayment may be filed against the

26 estate of such a decedent or incompetent.

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1 Each person applying for such a scholarship shall be

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

3 applies for the benefits of such scholarship.

4 (c) This Section is substantially the same as Sections

5 30-14.5 and 30-14.6 of the School Code, which are repealed by

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

7 continuation of the teacher training undergraduate scholarship

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

9 different teacher training undergraduate scholarship program.

10 The State Board of Education shall transfer to the Commission,

11 as the successor to the State Board of Education for all

12 purposes of administering and implementing the provisions of

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

14 contracts, agreements, and pending business in any way

15 relating to the teacher training undergraduate scholarship

16 program continued under this Section, and all scholarships at

17 any time awarded under that program by, and all applications

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

19 of Education shall be unaffected by the transfer to the

20 Commission of all responsibility for the administration and

21 implementation of the teacher training undergraduate

22 scholarship program continued under this Section. The State

23 Board of Education shall furnish to the Commission such other

24 information as the Commission may request to assist it in

25 administering this Section.

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

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1 (110 ILCS 947/65.110)

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

3 Professional Educator License scholarship.

4 (a) Subject to appropriation, beginning with awards for

5 the 2022-2023 academic year, the Commission shall award

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

7 Work Professional Educator License scholarships to a person

8 who:

9 (1) holds a valid Illinois-licensed clinical social

10 work license or social work license;

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

12 an approved program;

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

14 and

15 (4) submits an application to the Commission for such

16 scholarship and agrees to take courses to obtain an

17 Illinois Professional Educator License with an endorsement

18 in School Social Work.

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

20 fiscal year is insufficient to provide scholarships to all

21 qualified applicants, the Commission shall allocate the

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

23 are insufficient to provide all qualified applicants with a

24 scholarship as authorized by this Section, the Commission

25 shall allocate the available scholarship funds for that fiscal

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1 year to qualified applicants who submit a complete application

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

3 following order of priority:

4 (1) firstly, to students who received a scholarship

5 under this Section in the prior academic year and who

6 remain eligible for a scholarship under this Section;

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

8 members of a racial minority, as defined in subsection

9 (c); and

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

11 accordance with this Section.

12 (c) Scholarships awarded under this Section shall be

13 issued pursuant to rules adopted by the Commission. In

14 awarding scholarships, the Commission shall give priority to

15 those applicants who are members of a racial minority. Racial

16 minorities are underrepresented as school social workers in

17 elementary and secondary schools in this State, and the

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

19 to provide them with priority consideration for programs that

20 encourage their participation in this field and thereby foster

21 a profession that is more reflective of the diversity of

22 Illinois students and the parents they will serve. A more

23 reflective workforce in school social work allows improved

24 outcomes for students and a better utilization of services.

25 Therefore, the Commission shall give priority to those

26 applicants who are members of a racial minority. In this

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

2 citizen of the United States or a lawful permanent resident

3 ~~alien~~ of the United States and who is:

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

5 racial groups in Africa);

6 (2) Hispanic (a person of Spanish or Portuguese

7 culture with origins in Mexico, South or Central America,

8 or the Caribbean Islands, regardless of race);

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

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

11 Indian Subcontinent, or the Pacific Islands); or

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

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

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

15 tuition and mandatory fees at the University of Illinois,

16 Southern Illinois University, Chicago State University,

17 Eastern Illinois University, Governors State University,

18 Illinois State University, Northeastern Illinois University,

19 Northern Illinois University, and Western Illinois University.

20 Each scholarship may be applied to pay tuition and mandatory

21 fees required to obtain an Illinois Professional Educator

22 License with an endorsement in School Social Work.

23 (e) The Commission shall make tuition and fee payments

24 directly to the qualified institution of higher learning that

25 the applicant attends.

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

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1 Section must, within one year after graduation or termination

2 of enrollment in a Post-Master of Social Work Professional

3 Education License with an endorsement in School Social Work

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

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

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

7 years immediately following that graduation or termination,

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

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

10 service, whether such service occurs before or after the

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

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

13 years, as established by the sworn affidavit of a qualified

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

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

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

17 elementary school, or secondary school.

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

19 fails to fulfill the work obligation set forth in subsection

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

21 amount of the scholarships received, prorated according to the

22 fraction of the obligation not completed, at a rate of

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

24 collection fees. The Commission is authorized to establish

25 rules relating to its collection activities for repayment of

26 scholarships under this Section. All repayments collected

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1 under this Section shall be forwarded to the State Comptroller

2 for deposit into this State's General Revenue Fund.

3 A recipient of a scholarship under this Section is not

4 considered to be in violation of the failure to fulfill the

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

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

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

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

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

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

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

12 established by the sworn affidavit of a qualified physician;

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

14 school social worker at an Illinois public or nonpublic

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

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

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

18 person with a permanent total disability, as established by

19 the sworn affidavit of a qualified physician.

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

21 Section 60. The Mental Health Graduate Education

22 Scholarship Act is amended by changing Section 20 as follows:

23 (110 ILCS 952/20)

24 Sec. 20. Scholarships.

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

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

3 for this program, shall provide scholarships to individuals

4 selected from among those applicants who qualify for

5 consideration by showing all of the following:

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

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

8 citizen or a lawful permanent resident ~~alien~~ of the United

9 States.

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

11 mental health graduate program at an approved institution.

12 (3) That the individual agrees to meet the mental

13 health employment obligation.

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

15 exceeds the number of scholarships to be awarded, the

16 Department shall, in consultation with the Advisory Council,

17 consider the following factors in granting priority in

18 awarding scholarships:

19 (1) Financial need, as shown on a standardized

20 financial needs assessment form used by an approved

21 institution.

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

23 grade point average, class rank, and other academic and

24 extracurricular activities.

25 The Department may add to and further define these merit

26 criteria by rule.

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1 (c) Unless otherwise indicated, scholarships shall be

2 awarded to recipients at approved institutions for a period of

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

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

5 doctoral degree program.

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

7 Section 65. The Nursing Education Scholarship Law is

8 amended by changing Sections 5 and 6.5 as follows:

9 (110 ILCS 975/5) (from Ch. 144, par. 2755)

10 Sec. 5. Nursing education scholarships. Beginning with the

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

12 accordance with rules and regulations promulgated by it for

13 this program, shall provide scholarships to individuals

14 selected from among those applicants who qualify for

15 consideration by showing:

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

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

18 citizen or a lawful permanent resident~~alien~~ of the United

19 States;

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

21 admission to an associate degree in nursing program,

22 hospital-based diploma in nursing program, baccalaureate

23 degree in nursing program, graduate degree in nursing

24 program, or practical nursing program at an approved

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1 institution; and

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

3 employment obligation.

4 If in any year the number of qualified applicants exceeds

5 the number of scholarships to be awarded, the Department

6 shall, in consultation with the Illinois Nursing Workforce

7 Center Advisory Board, consider the following factors in

8 granting priority in awarding scholarships:

9 (A) Financial need, as shown on a standardized

10 financial needs assessment form used by an approved

11 institution, of students who will pursue their

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

13 and who already have a certificate in practical

14 nursing, a diploma in nursing, or an associate degree

15 in nursing and are pursuing a higher degree.

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

17 is pursuing a graduate degree in nursing to pursue

18 employment in an approved institution that educates

19 licensed practical nurses and that educates registered

20 nurses in undergraduate and graduate nursing programs.

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

22 grade point average, class rank, and other academic

23 and extracurricular activities. The Department may add

24 to and further define these merit criteria by rule.

25 Unless otherwise indicated, scholarships shall be awarded

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

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1 years if the recipient is enrolled in an associate degree in

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

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

4 the recipient is enrolled in a baccalaureate degree in nursing

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

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

7 recipient is enrolled in a certificate in practical nursing

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

9 recipients who are pursuing baccalaureate degrees in nursing,

10 30% of the scholarships awarded shall be for recipients who

11 are pursuing associate degrees in nursing or a diploma in

12 nursing, 10% of the scholarships awarded shall be for

13 recipients who are pursuing a certificate in practical

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

15 recipients who are pursuing a graduate degree in nursing.

16 Beginning with the fall term of the 2021-2022 academic

17 year and continuing through the 2024-2025 academic year,

18 subject to appropriation from the Hospital Licensure Fund, in

19 addition to any other funds available to the Department for

20 such scholarships, the Department may award a total of

21 $500,000 annually in scholarships under this Section.

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

23 (110 ILCS 975/6.5)

24 Sec. 6.5. Nurse educator scholarships.

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

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1 year, the Department shall provide scholarships to individuals

2 selected from among those applicants who qualify for

3 consideration by showing the following:

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

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

6 or a lawful permanent resident ~~alien~~ of the United States;

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

8 admission to a graduate degree in nursing program at an

9 approved institution; and

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

11 employment obligation.

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

13 exceeds the number of scholarships to be awarded under this

14 Section, the Department shall, in consultation with the

15 Illinois Nursing Workforce Center Advisory Board, consider the

16 following factors in granting priority in awarding

17 scholarships:

18 (1) Financial need, as shown on a standardized

19 financial needs assessment form used by an approved

20 institution, of students who will pursue their education

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

22 have a diploma in nursing and are pursuing a higher

23 degree.

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

25 pursuing a graduate degree in nursing to pursue employment

26 in an approved institution that educates licensed

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1 practical nurses and that educates registered nurses in

2 undergraduate and graduate nursing programs.

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

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

5 including supervisory experience, experience as a nurse in

6 the United States military, and other academic and

7 extracurricular activities.

8 (c) Unless otherwise indicated, scholarships under this

9 Section shall be awarded to recipients at approved

10 institutions for a period of up to 3 years.

11 (d) Within 12 months after graduation from a graduate

12 degree in nursing program for nurse educators, any recipient

13 who accepted a scholarship under this Section shall begin

14 meeting the required nurse educator employment obligation. In

15 order to defer his or her continuous employment obligation, a

16 recipient must request the deferment in writing from the

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

18 notifies the Department, within 30 days after enlisting, that

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

20 recipient shall receive a deferment if he or she notifies the

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

22 enrolled in an academic program leading to a graduate degree

23 in nursing. The recipient must begin meeting the required

24 nurse educator employment obligation no later than 6 months

25 after the end of the deferment or deferments.

26 Any person who fails to fulfill the nurse educator

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1 employment obligation shall pay to the Department an amount

2 equal to the amount of scholarship funds received per year for

3 each unfulfilled year of the nurse educator employment

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

5 unpaid balance. Payment must begin within 6 months following

6 the date of the occurrence initiating the repayment. All

7 repayments must be completed within 6 years from the date of

8 the occurrence initiating the repayment. However, this

9 repayment obligation may be deferred and re-evaluated every 6

10 months when the failure to fulfill the nurse educator

11 employment obligation results from involuntarily leaving the

12 profession due to a decrease in the number of nurses employed

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

14 employment obligation results from total and permanent

15 disability. The repayment obligation shall be excused if the

16 failure to fulfill the nurse educator employment obligation

17 results from the death or adjudication as incompetent of the

18 person holding the scholarship. No claim for repayment may be

19 filed against the estate of such a decedent or incompetent.

20 The Department may allow a nurse educator employment

21 obligation fulfillment alternative if the nurse educator

22 scholarship recipient is unsuccessful in finding work as a

23 nurse educator. The Department shall maintain a database of

24 all available nurse educator positions in this State.

25 (e) Each person applying for a scholarship under this

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

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1 time of application for the benefits of this scholarship.

2 (f) Rulemaking authority to implement this amendatory Act

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

4 rules being adopted in accordance with all provisions of the

5 Illinois Administrative Procedure Act and all rules and

6 procedures of the Joint Committee on Administrative Rules; any

7 purported rule not so adopted, for whatever reason, is

8 unauthorized.

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

10 Section 70. The Comprehensive Health Insurance Plan Act is

11 amended by changing Section 7 as follows:

12 (215 ILCS 105/7) (from Ch. 73, par. 1307)

13 Sec. 7. Eligibility.

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

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

16 of the United States or an individual ~~an alien~~ lawfully

17 admitted for permanent residence and who has been for a period

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

19 State shall be eligible for Plan coverage under this Section

20 if evidence is provided of:

21 (1) A notice of rejection or refusal to issue

22 substantially similar individual health insurance coverage

23 for health reasons by a health insurance issuer;

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

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1 individual health insurance coverage except at a rate

2 exceeding the applicable Plan rate for which the person is

3 responsible; or

4 (3) The absence of available health insurance coverage

5 for a person under 19 years of age.

6 A rejection or refusal by a group health plan or health

7 insurance issuer offering only stop-loss or excess of loss

8 insurance or contracts, agreements, or other arrangements for

9 reinsurance coverage with respect to the applicant shall not

10 be sufficient evidence under this subsection.

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

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

13 United States or an individual ~~an alien~~ lawfully admitted for

14 permanent residence and a resident of this State would be

15 eligible for Plan coverage without applying for health

16 insurance coverage pursuant to subsection a. of this Section.

17 Persons who can demonstrate the existence or history of any

18 medical or health conditions on the list promulgated by the

19 Board shall not be required to provide the evidence specified

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

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

22 amended from time to time as appropriate.

23 c. Family members of the same household who each are

24 covered persons are eligible for optional family coverage

25 under the Plan.

26 d. For persons qualifying for coverage in accordance with

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

2 such appropriations as are made pursuant to Section 12 of this

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

4 eligible persons which it projects will apply for enrollment

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

6 Plan is not over-subscribed and that it has sufficient

7 resources to meet its obligations to existing enrollees. The

8 Board shall not limit or close enrollment for federally

9 eligible individuals.

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

11 Plan if:

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

13 group health plan or health insurance coverage

14 substantially similar to or better than a Plan policy as

15 an insured or covered dependent or would be eligible to

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

17 Persons otherwise eligible for Plan coverage may, however,

18 solely for the purpose of having coverage for a

19 pre-existing condition, maintain other coverage only while

20 satisfying any pre-existing condition waiting period under

21 a Plan policy or a subsequent replacement policy of a Plan

22 policy.

23 (1.1) His or her prior coverage under a group health

24 plan or health insurance coverage, provided or arranged by

25 an employer of more than 10 employees was discontinued for

26 any reason without the entire group or plan being

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1 discontinued and not replaced, provided he or she remains

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

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

4 receive medical assistance, except that a person may

5 continue to receive medical assistance through the medical

6 assistance no grant program, but only while satisfying the

7 requirements for a preexisting condition under Section 8,

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

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

10 purposes of the medical assistance no grant program, but

11 that person shall not be eligible for any Plan benefits

12 while that person remains eligible for medical assistance.

13 If the person continues to receive or be approved to

14 receive medical assistance through the medical assistance

15 no grant program at or after the time that requirements

16 for a preexisting condition are satisfied, the person

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

18 circumstance, coverage under the Plan shall terminate as

19 of the expiration of the preexisting condition limitation

20 period. Under all other circumstances, coverage under the

21 Plan shall automatically terminate as of the effective

22 date of any medical assistance.

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

24 previously participated in the Plan and voluntarily

25 terminated Plan coverage, unless 12 months have elapsed

26 since the person's latest voluntary termination of

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1 coverage.

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

3 the covered person's terms of enrollment and

4 participation, in which event the liability of the Plan

5 shall be limited to benefits incurred under the Plan for

6 the time period for which premiums had been paid and the

7 covered person remained eligible for Plan coverage.

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

9 benefits on behalf of the covered person.

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

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

12 under any government sponsored program or by any

13 government agency or health care provider, except as an

14 otherwise qualifying full-time employee, or dependent of

15 such employee, of a government agency or health care

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

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

18 of 2002.

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

20 funds from any settlement, judgement, or award resulting

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

22 accident or injury, or any other circumstances creating a

23 legal liability for damages due that person by a third

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

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

26 minor or otherwise and whether the settlement, judgment,

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

2 estate, personal representative, or guardian in a lump sum

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

4 assets remaining from those sources in an amount in excess

5 of $300,000.

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

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

8 coverage under any health care benefit program as defined

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

10 contract under which any medical benefit, item, or service

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

12 practice that constitutes fraud under State or federal law

13 or as a result of an intentional misrepresentation of

14 material fact; or if that person knowingly and willfully

15 obtained or attempted to obtain, or fraudulently aided or

16 attempted to aid any other person in obtaining, any

17 coverage or benefits under the Plan to which that person

18 was not entitled.

19 f. The Board or the administrator shall require

20 verification of residency and may require any additional

21 information or documentation, or statements under oath, when

22 necessary to determine residency upon initial application and

23 for the entire term of the policy.

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

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

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

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

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

3 makes any inquiry concerning a person's eligibility or place

4 of residence to which the person does not reply.

5 h. Except under the conditions set forth in subsection g

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

7 the eligibility requirements of this Section shall be

8 terminated at the end of the current policy period for which

9 the necessary premiums have been paid.

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

11 Section 75. The Hearing Instrument Consumer Protection Act

12 is amended by changing Section 8 as follows:

13 (225 ILCS 50/8) (from Ch. 111, par. 7408)

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

15 Sec. 8. Applicant qualifications; examination.

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

17 hearing, the Department shall authorize or shall conduct an

18 appropriate examination, which may be the International

19 Hearing Society's licensure examination, for persons who

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

21 instruments. The frequency of holding these examinations shall

22 be determined by the Department by rule. Those who

23 successfully pass such an examination shall be issued a

24 license as a hearing instrument dispenser, which shall be

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1 effective for a 2-year period.

2 (b) Applicants shall be:

3 (1) at least 18 years of age;

4 (2) of good moral character;

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

6 equivalent;

7 (4) free of contagious or infectious disease; and

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

9 States ~~person who has the status as a legal alien~~.

10 Felony convictions of the applicant and findings against

11 the applicant involving matters set forth in Sections 17 and

12 18 shall be considered in determining moral character, but

13 such a conviction or finding shall not make an applicant

14 ineligible to register for examination.

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

16 dispensing, or servicing hearing instruments, an applicant

17 shall demonstrate, by means of written and practical

18 examinations, that such person is qualified to practice the

19 testing, selecting, recommending, fitting, selling, or

20 servicing of hearing instruments as defined in this Act. An

21 applicant must obtain a license within 12 months after passing

22 either the written or practical examination, whichever is

23 passed first, or must take and pass those examinations again

24 in order to be eligible to receive a license.

25 The Department shall, by rule, determine the conditions

26 under which an individual is examined.

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1 (d) Proof of having met the minimum requirements of

2 continuing education as determined by the Board shall be

3 required of all license renewals. Pursuant to rule, the

4 continuing education requirements may, upon petition to the

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

6 dispenser can demonstrate that he or she served in the Coast

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

8 his or her license by examination or endorsement within the

9 preceding renewal period.

10 (e) Persons applying for an initial license must

11 demonstrate having earned, at a minimum, an associate degree

12 or its equivalent from an accredited institution of higher

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

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

15 equivalency as determined through a National Association of

16 Credential Evaluation Services (NACES) member, and meet the

17 other requirements of this Section. In addition, the applicant

18 must demonstrate the successful completion of (1) 12 semester

19 hours or 18 quarter hours of academic undergraduate course

20 work in an accredited institution consisting of 3 semester

21 hours of anatomy and physiology of the hearing mechanism, 3

22 semester hours of hearing science, 3 semester hours of

23 introduction to audiology, and 3 semester hours of aural

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

25 equivalent program as determined by the Department that is

26 consistent with the scope of practice of a hearing instrument

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1 dispenser as defined in Section 3 of this Act. Persons

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

3 that date may have their license renewed without meeting the

4 requirements of this subsection.

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

6 99-847, eff. 8-19-16.)

7 Section 80. The Illinois Public Aid Code is amended by

8 changing Section 5-3 as follows:

9 (305 ILCS 5/5-3) (from Ch. 23, par. 5-3)

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

11 residence in this State and lives therein, including any

12 person who is a migrant worker, may qualify for medical

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

14 suffers injury or illness endangering his life and health and

15 necessitating emergency care, may also qualify.

16 Temporary absence from the State shall not disqualify a

17 person from maintaining his eligibility under this Article.

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

19 residing temporarily and employed in Illinois who moves

20 seasonally from one place to another for the purpose of

21 employment in agricultural activities, including the planting,

22 raising or harvesting of any agricultural or horticultural

23 commodities and the handling, packing or processing of such

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

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1 processing, in animal husbandry, or in other activities

2 connected with the care of animals. Dependents of such person

3 shall be considered eligible if they are living with the

4 person during his or her temporary residence and employment in

5 Illinois.

6 In order to be eligible for medical assistance under this

7 section, each migrant worker shall show proof of citizenship

8 or legal immigration ~~alien~~ status.

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

10 Section 85. The Service Member Employment and Reemployment

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

12 (330 ILCS 61/1-10)

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

14 "Accrue" means to accumulate in regular or increasing

15 amounts over time subject to customary allocation of cost.

16 "Active duty" means any full-time military service

17 regardless of length or voluntariness including, but not

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

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

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

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

22 without pay.

23 "Active service" means all forms of active and inactive

24 duty regardless of voluntariness including, but not limited

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

2 duty training, overseas training duty, full-time National

3 Guard duty, active duty other than training, State active

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

5 provided otherwise, includes active service without pay.

6 "Active service" includes:

7 (1) Reserve component voluntary active service means

8 service under one of the following authorities:

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

10 (B) active guard reserve duty, operational

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

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

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

14 U.S.C. 115;

15 (D) duty at the National Guard Bureau under 10

16 U.S.C. 12402;

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

18 10148 or 10 U.S.C. 12303;

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

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

21 and

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

23 10211.

24 (2) Reserve component involuntary active service

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

26 following authorities:

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1 (A) annual training or drill requirements under 10

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

3 (B) additional training duty or other duty under

4 32 U.S.C. 502(f)(1)(A);

5 (C) pre-planned or pre-programmed combatant

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

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

8 U.S.C. 12302;

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

10 12304;

11 (F) emergencies and natural disasters under 10

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

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

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

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

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

17 332, or 10 U.S.C. 12406;

18 (K) pending line of duty determination for

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

20 (L) initial active duty for training under 10

21 U.S.C. 671.

22 Reserve component active service not listed in paragraph

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

24 under paragraph (2).

25 "Active service without pay" means active service

26 performed under any authority in which base pay is not

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1 received regardless of other allowances.

2 "Annual training" means any active duty performed under

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

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

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

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

7 It does not include the addition of conditional funds for

8 specific purposes such as allowances, incentive and special

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

10 referencing the appropriate military pay chart covering the

11 time period in question located on the federal Defense Finance

12 and Accounting Services website or as reflected on a federal

13 Military Leave and Earnings Statement.

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

15 conditions, or privileges of employment, including any

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

17 interest, including wages or salary for work performed, that

18 accrues by reason of an employment contract or agreement or an

19 employer policy, plan, or practice and includes rights and

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

21 stock ownership plan, insurance coverage and awards, bonuses,

22 severance pay, supplemental unemployment benefits, vacations,

23 and the opportunity to select work hours or location of

24 employment.

25 "Differential compensation" means pay due when the

26 employee's daily rate of compensation for military service is

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

2 employee.

3 "Employee" means anyone employed by an employer.

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

5 permanent resident ~~alien~~ of the United States employed in a

6 workplace that the State has legal authority to regulate

7 business and employment. "Employee" does not include an

8 independent contractor.

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

10 other entity that pays salary or wages for work performed or

11 that has control over employment opportunities, including:

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

13 entity to whom the employer has delegated the performance

14 of employment-related responsibilities;

15 (2) an employer of a public employee;

16 (3) any successor in interest to a person,

17 institution, organization, or other entity referred to

18 under this definition; and

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

20 entity that has been denied initial employment in

21 violation of Section 5-15.

22 "Inactive duty" means inactive duty training, including

23 drills, consisting of regularly scheduled unit training

24 assemblies, additional training assemblies, periods of

25 appropriate duty or equivalent training, and any special

26 additional duties authorized for reserve component personnel

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1 by appropriate military authority. "Inactive duty" does not

2 include active duty.

3 "Military leave" means a furlough or leave of absence

4 while performing active service. It cannot be substituted for

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

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

7 benefit of employment that is requested but a legal

8 requirement upon receiving notice of pending military service.

9 "Military service" means:

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

11 the National Guard of any state or territory regardless of

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

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

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

15 14, or 32, or State active duty.

16 (2) Service in a federally recognized auxiliary of the

17 United States Armed Forces when performing official duties

18 in support of military or civilian authorities as a result

19 of an emergency.

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

21 position of employment for the purpose of medical or

22 dental treatment for a condition, illness, or injury

23 sustained or aggravated during a period of active service

24 in which treatment is paid by the United States Department

25 of Defense Military Health System.

26 "Public employee" means any person classified as a

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

2 government, a public institution of higher education as

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

4 school district, other than an independent contractor.

5 "Reserve component" means the reserve components of

6 Illinois and the United States Armed Forces regardless of

7 status.

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

9 military service.

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

11 duty under the command and control of the Governor and subject

12 to the Military Code of Illinois.

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

14 county, or special district.

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

16 Section 90. The Firearm Owners Identification Card Act is

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

18 (430 ILCS 65/1.1) (from Ch. 38, par. 83-1.1)

19 Sec. 1.1. For purposes of this Act:

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

21 (1) convicted of an offense involving the use or

22 possession of cannabis, a controlled substance, or

23 methamphetamine within the past year; or

24 (2) determined by the Illinois State Police to be

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1 addicted to narcotics based upon federal law or federal

2 guidelines.

3 "Addicted to narcotics" does not include possession or use

4 of a prescribed controlled substance under the direction and

5 authority of a physician or other person authorized to

6 prescribe the controlled substance when the controlled

7 substance is used in the prescribed manner.

8 "Adjudicated as a person with a mental disability" means

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

10 commission or other lawful authority that the person, as a

11 result of marked subnormal intelligence, or mental illness,

12 mental impairment, incompetency, condition, or disease:

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

14 herself, or to others;

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

16 affairs or is adjudicated a person with a disability as

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

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

19 insanity, mental disease or defect;

20 (3.5) is guilty but mentally ill, as provided in

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

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

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

24 responsibility under Articles 50a and 72b of the Uniform

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

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

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1 of Section 5 of the Sexually Violent Persons Commitment

2 Act;

3 (7) is a sexually dangerous person under the Sexually

4 Dangerous Persons Act;

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

6 Act of 1987;

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

8 Juvenile Court Act of 1987;

9 (10) is subject to involuntary admission as an

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

11 and Developmental Disabilities Code;

12 (11) is subject to involuntary admission as an

13 outpatient as defined in Section 1-119.1 of the Mental

14 Health and Developmental Disabilities Code;

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

16 Section 4-500 of the Mental Health and Developmental

17 Disabilities Code; or

18 (13) is subject to the provisions of the Interstate

19 Agreements on Sexually Dangerous Persons Act.

20 "Clear and present danger" means a person who:

21 (1) communicates a serious threat of physical violence

22 against a reasonably identifiable victim or poses a clear

23 and imminent risk of serious physical injury to himself,

24 herself, or another person as determined by a physician,

25 clinical psychologist, or qualified examiner; or

26 (2) demonstrates threatening physical or verbal

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1 behavior, such as violent, suicidal, or assaultive

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

3 physician, clinical psychologist, qualified examiner,

4 school administrator, or law enforcement official.

5 "Clinical psychologist" has the meaning provided in

6 Section 1-103 of the Mental Health and Developmental

7 Disabilities Code.

8 "Controlled substance" means a controlled substance or

9 controlled substance analog as defined in the Illinois

10 Controlled Substances Act.

11 "Counterfeit" means to copy or imitate, without legal

12 authority, with intent to deceive.

13 "Federally licensed firearm dealer" means a person who is

14 licensed as a federal firearms dealer under Section 923 of the

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

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

17 is designed to expel a projectile or projectiles by the action

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

19 however:

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

21 B-B gun which expels a single globular projectile not

22 exceeding .18 inch in diameter or which has a maximum

23 muzzle velocity of less than 700 feet per second;

24 (1.1) any pneumatic gun, spring gun, paint ball gun,

25 or B-B gun which expels breakable paint balls containing

26 washable marking colors;

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1 (2) any device used exclusively for signaling or

2 safety and required or recommended by the United States

3 Coast Guard or the Interstate Commerce Commission;

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

5 cartridges, explosive rivets or similar industrial

6 ammunition; and

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

8 which, although designed as a weapon, the Illinois State

9 Police finds by reason of the date of its manufacture,

10 value, design, and other characteristics is primarily a

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

12 "Firearm ammunition" means any self-contained cartridge or

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

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

15 (1) any ammunition exclusively designed for use with a

16 device used exclusively forsignaling ~~signalling~~ or safety

17 and required or recommended by the United States Coast

18 Guard or the Interstate Commerce Commission; and

19 (2) any ammunition designed exclusively for use with a

20 stud or rivet driver or other similar industrial

21 ammunition.

22 "Gun show" means an event or function:

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

24 regular and normal course of business and where 50 or more

25 firearms are displayed, offered, or exhibited for sale,

26 transfer, or exchange; or

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

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

3 exchange firearms.

4 "Gun show" includes the entire premises provided for an

5 event or function, including parking areas for the event or

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

7 transfer, or exchange of firearms as described in this

8 Section. Nothing in this definition shall be construed to

9 exclude a gun show held in conjunction with competitive

10 shooting events at the World Shooting Complex sanctioned by a

11 national governing body in which the sale or transfer of

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

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

14 Unless otherwise expressly stated, "gun show" does not

15 include training or safety classes, competitive shooting

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

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

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

19 not the primary course of business.

20 "Gun show promoter" means a person who organizes or

21 operates a gun show.

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

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

24 show, regardless of whether the person arranges with a gun

25 show promoter for a fixed location from which to exhibit,

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

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1 "Involuntarily admitted" has the meaning as prescribed in

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

3 Developmental Disabilities Code.

4 "Mental health facility" means any licensed private

5 hospital or hospital affiliate, institution, or facility, or

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

7 the State or a political subdivision thereof which provides

8 ~~provide~~ treatment of persons with mental illness and includes

9 all hospitals, institutions, clinics, evaluation facilities,

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

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

12 treatment of persons with mental illness whether or not the

13 primary purpose is to provide treatment of persons with mental

14 illness.

15 "National governing body" means a group of persons who

16 adopt rules and formulate policy on behalf of a national

17 firearm sporting organization.

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

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

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

21 still a citizen of a foreign country.

22 "Patient" means:

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

24 resident of a public or private mental health facility for

25 mental health treatment under Chapter III of the Mental

26 Health and Developmental Disabilities Code as an informal

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1 admission, a voluntary admission, a minor admission, an

2 emergency admission, or an involuntary admission, unless

3 the treatment was solely for an alcohol abuse disorder; or

4 (2) a person who voluntarily or involuntarily receives

5 mental health treatment as an out-patient or is otherwise

6 provided services by a public or private mental health

7 facility~~,~~ and who poses a clear and present danger to

8 himself, herself, or ~~to~~ others.

9 "Person with a developmental disability" means a person

10 with a disability which is attributable to any other condition

11 which results in impairment similar to that caused by an

12 intellectual disability and which requires services similar to

13 those required by persons with intellectual disabilities. The

14 disability must originate before the age of 18 years, be

15 expected to continue indefinitely, and constitute a

16 substantial disability. This disability results, in the

17 professional opinion of a physician, clinical psychologist, or

18 qualified examiner, in significant functional limitations in 3

19 or more of the following areas of major life activity:

20 (i) self-care;

21 (ii) receptive and expressive language;

22 (iii) learning;

23 (iv) mobility; or

24 (v) self-direction.

25 "Person with an intellectual disability" means a person

26 with a significantly subaverage general intellectual

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1 functioning which exists concurrently with impairment in

2 adaptive behavior and which originates before the age of 18

3 years.

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

5 the Mental Health and Developmental Disabilities Code.

6 "Protective order" means any orders of protection issued

7 under the Illinois Domestic Violence Act of 1986, stalking no

8 contact orders issued under the Stalking No Contact Order Act,

9 civil no contact orders issued under the Civil No Contact

10 Order Act, and firearms restraining orders issued under the

11 Firearms Restraining Order Act.

12 "Qualified examiner" has the meaning provided in Section

13 1-122 of the Mental Health and Developmental Disabilities

14 Code.

15 "Sanctioned competitive shooting event" means a shooting

16 contest officially recognized by a national or state shooting

17 sport association, and includes any sight-in or practice

18 conducted in conjunction with the event.

19 "School administrator" means the person required to report

20 under the School Administrator Reporting of Mental Health

21 Clear and Present Danger Determinations Law.

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

23 Section 24-1 of the Criminal Code of 2012.

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

25 revised 10-6-21.)

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1 (430 ILCS 65/4) (from Ch. 38, par. 83-4)

2 Sec. 4. Application for Firearm Owner's Identification

3 Cards.

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

5 Card must:

6 (1) Submit an application as made available by the

7 Illinois State Police; and

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

9 (i) This subparagraph (i) applies through the

10 180th day following July 12, 2019 (the effective date

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

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

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

14 has the written consent of his or her parent or legal

15 guardian to possess and acquire firearms and firearm

16 ammunition and that he or she has never been convicted

17 of a misdemeanor other than a traffic offense or

18 adjudged delinquent, provided, however, that such

19 parent or legal guardian is not an individual

20 prohibited from having a Firearm Owner's

21 Identification Card and files an affidavit with the

22 Department as prescribed by the Department stating

23 that he or she is not an individual prohibited from

24 having a Card;

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

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

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

2 ~~101st General Assembly~~. He or she is 21 years of age or

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

4 or she has never been convicted of a misdemeanor other

5 than a traffic offense or adjudged delinquent and is

6 an active duty member of the United States Armed

7 Forces or has the written consent of his or her parent

8 or legal guardian to possess and acquire firearms and

9 firearm ammunition, provided, however, that such

10 parent or legal guardian is not an individual

11 prohibited from having a Firearm Owner's

12 Identification Card and files an affidavit with the

13 Illinois State Police ~~Department~~ as prescribed by the

14 Illinois State Police ~~Department~~stating that he or

15 she is not an individual prohibited from having a Card

16 or the active duty member of the United States Armed

17 Forces under 21 years of age annually submits proof to

18 the Illinois State Police, in a manner prescribed by

19 the Illinois State Police ~~Department~~;

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

21 under the laws of this or any other jurisdiction;

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

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

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

25 she has been a patient in a mental health facility more

26 than 5 years ago submit the certification required

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

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

3 disability;

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

5 unlawfully present in the United States under the laws

6 of the United States;

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

8 of protection prohibiting him or her from possessing a

9 firearm;

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

11 past 5 years of battery, assault, aggravated assault,

12 violation of an order of protection, or a

13 substantially similar offense in another jurisdiction,

14 in which a firearm was used or possessed;

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

16 battery, aggravated domestic battery, or a

17 substantially similar offense in another jurisdiction

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

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

20 knowingly and intelligently waives the right to have

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

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

23 conviction for an offense in which a domestic

24 relationship is not a required element of the offense

25 but in which a determination of the applicability of

26 18 U.S.C. 922(g)(9) is made under Section 112A-11.1 of

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

2 court of a judgment of conviction for that offense

3 shall be grounds for denying the issuance of a Firearm

4 Owner's Identification Card under this Section;

5 (x) (Blank);

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

7 been admitted to the United States under a

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

9 101(a)(26) of the Immigration and Nationality Act (8

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

11 noncitizen ~~an alien~~ who has been lawfully admitted to

12 the United States under a non-immigrant visa if that

13 noncitizen ~~alien~~ is:

14 (1) admitted to the United States for lawful

15 hunting or sporting purposes;

16 (2) an official representative of a foreign

17 government who is:

18 (A) accredited to the United States

19 Government or the Government's mission to an

20 international organization having its

21 headquarters in the United States; or

22 (B) en route to or from another country to

23 which that noncitizen ~~alien~~is accredited;

24 (3) an official of a foreign government or

25 distinguished foreign visitor who has been so

26 designated by the Department of State;

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1 (4) a foreign law enforcement officer of a

2 friendly foreign government entering the United

3 States on official business; or

4 (5) one who has received a waiver from the

5 Attorney General of the United States pursuant to

6 18 U.S.C. 922(y)(3);

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

8 petition filed under Section 5-520 of the Juvenile

9 Court Act of 1987 alleging that the minor is a

10 delinquent minor for the commission of an offense that

11 if committed by an adult would be a felony;

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

13 adjudicated a delinquent minor under the Juvenile

14 Court Act of 1987 for the commission of an offense that

15 if committed by an adult would be a felony;

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

17 Illinois;

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

19 with a mental disability;

20 (xvi) He or she has not been involuntarily

21 admitted into a mental health facility; and

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

23 developmental disability; and

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

25 release on a form prescribed by the Illinois State Police

26 waiving any right to confidentiality and requesting the

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1 disclosure to the Illinois State Police of limited mental

2 health institution admission information from another

3 state, the District of Columbia, any other territory of

4 the United States, or a foreign nation concerning the

5 applicant for the sole purpose of determining whether the

6 applicant is or was a patient in a mental health

7 institution and disqualified because of that status from

8 receiving a Firearm Owner's Identification Card. No mental

9 health care or treatment records may be requested. The

10 information received shall be destroyed within one year of

11 receipt.

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

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

14 State Police either his or her Illinois driver's license

15 number or Illinois Identification Card number, except as

16 provided in subsection (a-10).

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

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

19 security officer in Illinois, or by the United States Military

20 permanently assigned in Illinois and who is not an Illinois

21 resident, shall furnish to the Illinois State Police his or

22 her driver's license number or state identification card

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

24 Police may adopt rules to enforce the provisions of this

25 subsection (a-10).

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

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1 Identification Card moves from the residence address named in

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

3 and manner prescribed by the Illinois State Police of that

4 change of address.

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

6 Card shall furnish to the Illinois State Police his or her

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

8 seeking a religious exemption to the photograph requirement

9 must furnish with the application an approved copy of United

10 States Department of the Treasury Internal Revenue Service

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

12 age seeking a religious exemption to the photograph

13 requirement shall submit fingerprints on a form and manner

14 prescribed by the Illinois State Police ~~Department~~ with his or

15 her application.

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

17 issuance of a Firearm Owner's Identification Card may include

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

19 the Illinois State Police, unless the applicant has previously

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

21 State Police under this Act or the Firearm Concealed Carry

22 Act.

23 The fingerprints must be transmitted through a live scan

24 fingerprint vendor licensed by the Department of Financial and

25 Professional Regulation. The fingerprints shall be checked

26 against the fingerprint records now and hereafter filed in the

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1 Illinois State Police and Federal Bureau of Investigation

2 criminal history records databases, including all available

3 State and local criminal history record information files.

4 The Illinois State Police shall charge applicants a

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

6 which shall be deposited into the State Police Services Fund

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

8 criminal history record check.

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

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

11 feasibility of permitting voluntarily submitted fingerprints

12 obtained for purposes other than Firearm Owner's

13 Identification Card enforcement that are contained in the

14 Illinois State Police database for purposes of this Act.

15 (b) Each application form shall include the following

16 statement printed in bold type: "Warning: Entering false

17 information on an application for a Firearm Owner's

18 Identification Card is punishable as a Class 2 felony in

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

20 Owners Identification Card Act.".

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

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

23 consent shall be liable for any damages resulting from the

24 applicant's use of firearms or firearm ammunition.

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

26 102-538, eff. 8-20-21; revised 10-12-21.)

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1 (430 ILCS 65/8) (from Ch. 38, par. 83-8)

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

3 State Police has authority to deny an application for or to

4 revoke and seize a Firearm Owner's Identification Card

5 previously issued under this Act only if the Illinois State

6 Police ~~Department~~finds that the applicant or the person to

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

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

9 convicted of a misdemeanor other than a traffic offense or

10 adjudged delinquent;

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

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

13 101-80) ~~this amendatory Act of the 101st General Assembly~~.

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

15 written consent of his parent or guardian to acquire and

16 possess firearms and firearm ammunition, or whose parent

17 or guardian has revoked such written consent, or where

18 such parent or guardian does not qualify to have a Firearm

19 Owner's Identification Card;

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

21 181st day following July 12, 2019 (the effective date of

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

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

24 an active duty member of the United States Armed Forces

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

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1 or guardian to acquire and possess firearms and firearm

2 ammunition, or whose parent or guardian has revoked such

3 written consent, or where such parent or guardian does not

4 qualify to have a Firearm Owner's Identification Card;

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

6 this or any other jurisdiction;

7 (d) A person addicted to narcotics;

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

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

10 patient in a mental health facility more than 5 years ago

11 who has not received the certification required under

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

13 officer employed by a unit of government or a Department

14 of Corrections employee authorized to possess firearms who

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

16 Identification Card seized under this subsection (e) may

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

18 10 of this Act if the officer or employee did not act in a

19 manner threatening to the officer or employee, another

20 person, or the public as determined by the treating

21 clinical psychologist or physician, and the officer or

22 employee seeks mental health treatment;

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

24 nature that it poses a clear and present danger to the

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

26 (g) A person who has an intellectual disability;

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1 (h) A person who intentionally makes a false statement

2 in the Firearm Owner's Identification Card application;

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

4 the United States under the laws of the United States;

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

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

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

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

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

10 who has been lawfully admitted to the United States under

11 a non-immigrant visa if that noncitizen ~~alien~~ is:

12 (1) admitted to the United States for lawful

13 hunting or sporting purposes;

14 (2) an official representative of a foreign

15 government who is:

16 (A) accredited to the United States Government

17 or the Government's mission to an international

18 organization having its headquarters in the United

19 States; or

20 (B) en route to or from another country to

21 which that noncitizen ~~alien~~is accredited;

22 (3) an official of a foreign government or

23 distinguished foreign visitor who has been so

24 designated by the Department of State;

25 (4) a foreign law enforcement officer of a

26 friendly foreign government entering the United States

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1 on official business; or

2 (5) one who has received a waiver from the

3 Attorney General of the United States pursuant to 18

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

5 (j) (Blank);

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

7 years of battery, assault, aggravated assault, violation

8 of an order of protection, or a substantially similar

9 offense in another jurisdiction, in which a firearm was

10 used or possessed;

11 (l) A person who has been convicted of domestic

12 battery, aggravated domestic battery, or a substantially

13 similar offense in another jurisdiction committed before,

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

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

16 previously issued a Firearm Owner's Identification Card

17 under this Act knowingly and intelligently waives the

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

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

20 in a conviction for an offense in which a domestic

21 relationship is not a required element of the offense but

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

23 922(g)(9) is made under Section 112A-11.1 of the Code of

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

25 judgment of conviction for that offense shall be grounds

26 for denying an application for and for revoking and

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1 seizing a Firearm Owner's Identification Card previously

2 issued to the person under this Act;

3 (m) (Blank);

4 (n) A person who is prohibited from acquiring or

5 possessing firearms or firearm ammunition by any Illinois

6 State statute or by federal law;

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

8 5-520 of the Juvenile Court Act of 1987 alleging that the

9 minor is a delinquent minor for the commission of an

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

11 (p) An adult who had been adjudicated a delinquent

12 minor under the Juvenile Court Act of 1987 for the

13 commission of an offense that if committed by an adult

14 would be a felony;

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

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

17 Section 4;

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

19 a mental disability;

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

21 developmental disability;

22 (t) A person involuntarily admitted into a mental

23 health facility; or

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

25 Identification Card revoked or denied under subsection (e)

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

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

2 was a patient in a mental health facility as provided in

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

4 obtain a Firearm Owner's Identification Card, after the

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

6 mental health evaluation by a physician, clinical

7 psychologist, or qualified examiner as those terms are

8 defined in the Mental Health and Developmental

9 Disabilities Code, and has received a certification that

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

11 herself, or others. The physician, clinical psychologist,

12 or qualified examiner making the certification and his or

13 her employer shall not be held criminally, civilly, or

14 professionally liable for making or not making the

15 certification required under this subsection, except for

16 willful or wanton misconduct. This subsection does not

17 apply to a person whose firearm possession rights have

18 been restored through administrative or judicial action

19 under Section 10 or 11 of this Act.

20 Upon revocation of a person's Firearm Owner's

21 Identification Card, the Illinois State Police shall provide

22 notice to the person and the person shall comply with Section

23 9.5 of this Act.

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

25 102-645, eff. 1-1-22; revised 10-14-21.)

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1 Section 95. The Criminal Code of 2012 is amended by

2 changing Section 17-6.5 as follows:

3 (720 ILCS 5/17-6.5)

4 Sec. 17-6.5. Persons under deportation order;

5 ineligibility for benefits.

6 (a) An individual against whom a United States Immigration

7 Judge has issued an order of deportation which has been

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

9 individual who appeals such an order pending appeal, under

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

11 Nationality Act relating to persecution of others on account

12 of race, religion, national origin or political opinion under

13 the direction of or in association with the Nazi government of

14 Germany or its allies, shall be ineligible for the following

15 benefits authorized by State law:

16 (1) The homestead exemptions and homestead improvement

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

18 15-180 of the Property Tax Code.

19 (2) Grants under the Senior Citizens and Persons with

20 Disabilities Property Tax Relief Act.

21 (3) The double income tax exemption conferred upon

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

23 Illinois Income Tax Act.

24 (4) Grants provided by the Department on Aging.

25 (5) Reductions in vehicle registration fees under

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1 Section 3-806.3 of the Illinois Vehicle Code.

2 (6) Free fishing and reduced fishing license fees

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

4 Code.

5 (7) Tuition free courses for senior citizens under the

6 Senior Citizen Courses Act.

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

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

9 received benefits in violation of subsection (a) and:

10 (1) the total monetary value of the benefits received

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

12 misdemeanor; a second or subsequent violation is a Class 4

13 felony;

14 (2) the total monetary value of the benefits received

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

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

17 Class 3 felony;

18 (3) the total monetary value of the benefits received

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

20 guilty of a Class 3 felony; a second or subsequent

21 violation is a Class 2 felony;

22 (4) the total monetary value of the benefits received

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

24 guilty of a Class 2 felony; a second or subsequent

25 violation is a Class 1 felony; or

26 (5) the total monetary value of the benefits received

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

2 felony.

3 (c) For purposes of determining the classification of an

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

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

6 or course of conduct may be accumulated.

7 (d) Any grants awarded to persons described in subsection

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

9 commenced by the Attorney General in the circuit court of

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

11 residence of the person described in subsection (a).

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

13 deported shall be restored to any benefits which that

14 individual has been denied under State law pursuant to

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

16 States has issued an order cancelling deportation and has

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

18 ~~alien~~lawfully admitted for permanent residence in the United

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

20 deported adjudicates or exonerates the individual in a

21 judicial or administrative proceeding as not being guilty of

22 the persecution of others on account of race, religion,

23 national origin, or political opinion under the direction of

24 or in association with the Nazi government of Germany or its

25 allies.

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

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1 Section 100. The Prevention of Cigarette and Electronic

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

3 by changing Section 2 as follows:

4 (720 ILCS 678/2)

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

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

7 smoking made wholly or in part of tobacco irrespective of size

8 or shape and whether or not the tobacco is flavored,

9 adulterated, or mixed with any other ingredient, and the

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

11 substance or material except whole leaf tobacco.

12 "Clear and conspicuous statement" means the statement is

13 of sufficient type size to be clearly readable by the

14 recipient of the communication.

15 "Consumer" means an individual who acquires or seeks to

16 acquire cigarettes or electronic cigarettes for personal use.

17 "Delivery sale" means any sale of cigarettes or electronic

18 cigarettes to a consumer if:

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

20 means of a telephone or other method of voice

21 transmission, the mails, or the Internet or other online

22 service, or the seller is otherwise not in the physical

23 presence of the buyer when the request for purchase or

24 order is made; or

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1 (b) the cigarettes or electronic cigarettes are

2 delivered by use of a common carrier, private delivery

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

4 presence of the buyer when the buyer obtains possession of

5 the cigarettes or electronic cigarettes.

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

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

8 cigarettes or electronic cigarettes sold in a delivery sale.

9 "Department" means the Department of Revenue.

10 "Electronic cigarette" means:

11 (1) any device that employs a battery or other

12 mechanism to heat a solution or substance to produce a

13 vapor or aerosol intended for inhalation;

14 (2) any cartridge or container of a solution or

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

16 refill the device; or

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

18 contains nicotine, intended for use in the device.

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

20 any electronic nicotine delivery system, electronic cigar,

21 electronic cigarillo, electronic pipe, electronic hookah, vape

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

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

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

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

26 1 of the Cigarette Tax Act; any product approved by the United

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1 States Food and Drug Administration for sale as a tobacco

2 cessation product, a tobacco dependence product, or for other

3 medical purposes that is marketed and sold solely for that

4 approved purpose; any asthma inhaler prescribed by a physician

5 for that condition that is marketed and sold solely for that

6 approved purpose; any device that meets the definition of

7 cannabis paraphernalia under Section 1-10 of the Cannabis

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

9 dispensing organization pursuant to the Cannabis Regulation

10 and Tax Act or the Compassionate Use of Medical Cannabis

11 Program Act.

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

13 license, State identification card, passport, a military

14 identification or an official naturalization or immigration

15 document, such as a permanent resident card ~~an alien~~

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

17 or an immigrant visa.

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

19 electronic cigarettes through the United States Postal

20 Service.

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

22 electronic cigarettes to a consumer located outside of this

23 State where the consumer submits the order for such sale by

24 means of a telephonic or other method of voice transmission,

25 the mails or any other delivery service, facsimile

26 transmission, or the Internet or other online service and

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1 where the cigarettes or electronic cigarettes are delivered by

2 use of the mails or other delivery service.

3 "Person" means any individual, corporation, partnership,

4 limited liability company, association, or other organization

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

6 "Shipping package" means a container in which packs or

7 cartons of cigarettes or electronic cigarettes are shipped in

8 connection with a delivery sale.

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

10 any other documents used to evidence the undertaking by a

11 delivery service to deliver letters, packages, or other

12 containers.

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

14 Section 105. The Code of Criminal Procedure of 1963 is

15 amended by changing Section 113-8 as follows:

16 (725 ILCS 5/113-8)

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

18 ~~an alien~~.

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

20 mentally ill, or nolo contendere to a misdemeanor or felony

21 offense, the court shall give the following advisement to the

22 defendant in open court:

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

24 hereby advised that conviction of the offense for which you

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1 have been charged may have the consequence of deportation,

2 exclusion from admission to the United States, or denial of

3 naturalization under the laws of the United States.".

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

5 effective date of this amendatory Act of the 101st General

6 Assembly, and the court fails to advise the defendant as

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

8 shows that conviction of the offense to which the defendant

9 pleaded guilty, guilty but mentally ill, or nolo contendere

10 may have the consequence for the defendant of deportation,

11 exclusion from admission to the United States, or denial of

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

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

14 permit the defendant to withdraw the plea of guilty, guilty

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

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

17 the defendant's conviction.

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

19 Section 110. The Unified Code of Corrections is amended by

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

21 (730 ILCS 5/3-2-2) (from Ch. 38, par. 1003-2-2)

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

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

24 responsibilities which are otherwise provided by law, the

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1 Department shall have the following powers:

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

3 this State for care, custody, treatment, and

4 rehabilitation, and to accept federal prisoners and

5 noncitizens ~~aliens~~ over whom the Office of the Federal

6 Detention Trustee is authorized to exercise the federal

7 detention function for limited purposes and periods of

8 time.

9 (b) To develop and maintain reception and evaluation

10 units for purposes of analyzing the custody and

11 rehabilitation needs of persons committed to it and to

12 assign such persons to institutions and programs under its

13 control or transfer them to other appropriate agencies. In

14 consultation with the Department of Alcoholism and

15 Substance Abuse (now the Department of Human Services),

16 the Department of Corrections shall develop a master plan

17 for the screening and evaluation of persons committed to

18 its custody who have alcohol or drug abuse problems, and

19 for making appropriate treatment available to such

20 persons; the Department shall report to the General

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

22 maintenance and implementation of such plan shall be

23 contingent upon the availability of funds.

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

25 pilot program to establish the effectiveness of

26 pupillometer technology (the measurement of the pupil's

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

2 purposes of screening and evaluating persons committed to

3 its custody who have alcohol or drug problems. The pilot

4 program shall require the pupillometer technology to be

5 used in at least one Department of Corrections facility.

6 The Director may expand the pilot program to include an

7 additional facility or facilities as he or she deems

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

9 the pilot program. The Department must report to the

10 General Assembly on the effectiveness of the program by

11 January 1, 2003.

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

13 State Police, a program for tracking and evaluating each

14 inmate from commitment through release for recording his

15 or her gang affiliations, activities, or ranks.

16 (c) To maintain and administer all State correctional

17 institutions and facilities under its control and to

18 establish new ones as needed. Pursuant to its power to

19 establish new institutions and facilities, the Department

20 may, with the written approval of the Governor, authorize

21 the Department of Central Management Services to enter

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

23 of Section 405-300 of the Department of Central Management

24 Services Law. The Department shall designate those

25 institutions which shall constitute the State Penitentiary

26 System. The Department of Juvenile Justice shall maintain

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1 and administer all State youth centers pursuant to

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

3 Pursuant to its power to establish new institutions

4 and facilities, the Department may authorize the

5 Department of Central Management Services to accept bids

6 from counties and municipalities for the construction,

7 remodeling, or conversion of a structure to be leased to

8 the Department of Corrections for the purposes of its

9 serving as a correctional institution or facility. Such

10 construction, remodeling,or conversion may be financed

11 with revenue bonds issued pursuant to the Industrial

12 Building Revenue Bond Act by the municipality or county.

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

14 less than the time needed to retire any revenue bonds used

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

16 lease may grant to the State the option to purchase the

17 structure outright.

18 Upon receipt of the bids, the Department may certify

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

20 the General Assembly for approval. Upon approval of a bid

21 by a constitutional majority of both houses of the General

22 Assembly, pursuant to joint resolution, the Department of

23 Central Management Services may enter into an agreement

24 with the county or municipality pursuant to such bid.

25 (c-5) To build and maintain regional juvenile

26 detention centers and to charge a per diem to the counties

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1 as established by the Department to defray the costs of

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

3 "juvenile detention center" means a facility to house

4 minors during pendency of trial who have been transferred

5 from proceedings under the Juvenile Court Act of 1987 to

6 prosecutions under the criminal laws of this State in

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

8 1987, whether the transfer was by operation of law or

9 permissive under that Section. The Department shall

10 designate the counties to be served by each regional

11 juvenile detention center.

12 (d) To develop and maintain programs of control,

13 rehabilitation,and employment of committed persons within

14 its institutions.

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

16 for inmates at Illinois adult correctional centers.

17 (d-10) To provide educational and visitation

18 opportunities to committed persons within its institutions

19 through temporary access to content-controlled tablets

20 that may be provided as a privilege to committed persons

21 to induce or reward compliance.

22 (e) To establish a system of supervision and guidance

23 of committed persons in the community.

24 (f) To establish in cooperation with the Department of

25 Transportation to supply a sufficient number of prisoners

26 for use by the Department of Transportation to clean up

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

2 municipal highways as designated by the Department of

3 Transportation. The Department of Corrections, at the

4 request of the Department of Transportation, shall furnish

5 such prisoners at least annually for a period to be agreed

6 upon between the Director of Corrections and the Secretary

7 of Transportation. The prisoners used on this program

8 shall be selected by the Director of Corrections on

9 whatever basis he deems proper in consideration of their

10 term, behavior and earned eligibility to participate in

11 such program - where they will be outside of the prison

12 facility but still in the custody of the Department of

13 Corrections. Prisoners convicted of first degree murder,

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

15 kidnapping, or criminal sexual assault, aggravated

16 criminal sexual abuse or a subsequent conviction for

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

18 a prisoner adjudged a Habitual Criminal shall not be

19 eligible for selection to participate in such program. The

20 prisoners shall remain as prisoners in the custody of the

21 Department of Corrections and such Department shall

22 furnish whatever security is necessary. The Department of

23 Transportation shall furnish trucks and equipment for the

24 highway cleanup program and personnel to supervise and

25 direct the program. Neither the Department of Corrections

26 nor the Department of Transportation shall replace any

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1 regular employee with a prisoner.

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

3 to establish programs of research, statistics, and

4 planning.

5 (h) To investigate the grievances of any person

6 committed to the Department and to inquire into any

7 alleged misconduct by employees or committed persons; and

8 for these purposes it may issue subpoenas and compel the

9 attendance of witnesses and the production of writings and

10 papers, and may examine under oath any witnesses who may

11 appear before it; to also investigate alleged violations

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

13 release; and for this purpose it may issue subpoenas and

14 compel the attendance of witnesses and the production of

15 documents only if there is reason to believe that such

16 procedures would provide evidence that such violations

17 have occurred.

18 If any person fails to obey a subpoena issued under

19 this subsection, the Director may apply to any circuit

20 court to secure compliance with the subpoena. The failure

21 to comply with the order of the court issued in response

22 thereto shall be punishable as contempt of court.

23 (i) To appoint and remove the chief administrative

24 officers, and administer programs of training and

25 development of personnel of the Department. Personnel

26 assigned by the Department to be responsible for the

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1 custody and control of committed persons or to investigate

2 the alleged misconduct of committed persons or employees

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

4 conditions of parole shall be conservators of the peace

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

6 officers outside of the facilities of the Department in

7 the protection, arrest, retaking,and reconfining of

8 committed persons or where the exercise of such power is

9 necessary to the investigation of such misconduct or

10 violations. This subsection shall not apply to persons

11 committed to the Department of Juvenile Justice under the

12 Juvenile Court Act of 1987 on aftercare release.

13 (j) To cooperate with other departments and agencies

14 and with local communities for the development of

15 standards and programs for better correctional services in

16 this State.

17 (k) To administer all moneys and properties of the

18 Department.

19 (l) To report annually to the Governor on the

20 committed persons, institutions, and programs of the

21 Department.

22 (l-5) (Blank).

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

24 powers and duties vested by law in the Department.

25 (n) To establish rules and regulations for

26 administering a system of sentence credits, established in

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

2 Prisoner Review Board.

3 (o) To administer the distribution of funds from the

4 State Treasury to reimburse counties where State penal

5 institutions are located for the payment of assistant

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

7 Counties Code.

8 (p) To exchange information with the Department of

9 Human Services and the Department of Healthcare and Family

10 Services for the purpose of verifying living arrangements

11 and for other purposes directly connected with the

12 administration of this Code and the Illinois Public Aid

13 Code.

14 (q) To establish a diversion program.

15 The program shall provide a structured environment for

16 selected technical parole or mandatory supervised release

17 violators and committed persons who have violated the

18 rules governing their conduct while in work release. This

19 program shall not apply to those persons who have

20 committed a new offense while serving on parole or

21 mandatory supervised release or while committed to work

22 release.

23 Elements of the program shall include, but shall not

24 be limited to, the following:

25 (1) The staff of a diversion facility shall

26 provide supervision in accordance with required

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1 objectives set by the facility.

2 (2) Participants shall be required to maintain

3 employment.

4 (3) Each participant shall pay for room and board

5 at the facility on a sliding-scale basis according to

6 the participant's income.

7 (4) Each participant shall:

8 (A) provide restitution to victims in

9 accordance with any court order;

10 (B) provide financial support to his

11 dependents; and

12 (C) make appropriate payments toward any other

13 court-ordered obligations.

14 (5) Each participant shall complete community

15 service in addition to employment.

16 (6) Participants shall take part in such

17 counseling, educational,and other programs as the

18 Department may deem appropriate.

19 (7) Participants shall submit to drug and alcohol

20 screening.

21 (8) The Department shall promulgate rules

22 governing the administration of the program.

23 (r) To enter into intergovernmental cooperation

24 agreements under which persons in the custody of the

25 Department may participate in a county impact

26 incarceration program established under Section 3-6038 or

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1 3-15003.5 of the Counties Code.

2 (r-5) (Blank).

3 (r-10) To systematically and routinely identify with

4 respect to each streetgang active within the correctional

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

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

7 leaders in each gang. The Department shall promptly

8 segregate leaders from inmates who belong to their gangs

9 and allied gangs. "Segregate" means no physical contact

10 and, to the extent possible under the conditions and space

11 available at the correctional facility, prohibition of

12 visual and sound communication. For the purposes of this

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

14 (i) are members of a criminal streetgang;

15 (ii) with respect to other individuals within the

16 streetgang, occupy a position of organizer,

17 supervisor, or other position of management or

18 leadership; and

19 (iii) are actively and personally engaged in

20 directing, ordering, authorizing, or requesting

21 commission of criminal acts by others, which are

22 punishable as a felony, in furtherance of streetgang

23 related activity both within and outside of the

24 Department of Corrections.

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

26 meanings ascribed to them in Section 10 of the Illinois

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1 Streetgang Terrorism Omnibus Prevention Act.

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

3 in order to manage and supervise inmates who are

4 disruptive or dangerous and provide for the safety and

5 security of the staff and the other inmates.

6 (t) To monitor any unprivileged conversation or any

7 unprivileged communication, whether in person or by mail,

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

9 commitment to the Department, was a member of an organized

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

11 satisfy any other requirement of law before beginning the

12 monitoring, except as constitutionally required. The

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

14 recording or by any other means. As used in this

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

16 ascribed to it in Section 10 of the Illinois Streetgang

17 Terrorism Omnibus Prevention Act.

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

19 conversation" or "unprivileged communication" means a

20 conversation or communication that is not protected by any

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

22 of the Illinois Supreme Court.

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

24 Community Supervision Program for the purpose of providing

25 housing and services to eligible female inmates, as

26 determined by the Department, and their newborn and young

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1 children.

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

3 to the Department absconds or absents himself or herself,

4 without authority to do so, from any facility or program

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

6 certified by the Director, the Supervisor of the

7 Apprehension Unit, or any person duly designated by the

8 Director, with the seal of the Department affixed. The

9 order shall be directed to all sheriffs, coroners, and

10 police officers, or to any particular person named in the

11 order. Any order issued pursuant to this subdivision

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

13 person named in the order to arrest and deliver the

14 committed person to the proper correctional officials and

15 shall be executed the same as criminal process.

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

17 receive suggestions, complaints, or other requests to the

18 Department from visitors to Department institutions or

19 facilities and from other members of the public.

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

21 provisions of this Chapter.

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

23 1998, consider building and operating a correctional facility

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

25 especially a facility designed to house juvenile participants

26 in the impact incarceration program.

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1 (3) When the Department lets bids for contracts for

2 medical services to be provided to persons committed to

3 Department facilities by a health maintenance organization,

4 medical service corporation, or other health care provider,

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

6 obtained an irrevocable letter of credit or performance bond

7 issued by a company whose bonds have an investment grade or

8 higher rating by a bond rating organization.

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

10 or commissary services to be provided to Department

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

12 services provider that has obtained an irrevocable letter of

13 credit or performance bond issued by a company whose bonds

14 have an investment grade or higher rating by a bond rating

15 organization.

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

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

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

19 powers, duties, rights, and responsibilities related to State

20 healthcare purchasing under this Code that were transferred

21 from the Department of Corrections to the Department of

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

23 transferred back to the Department of Corrections; however,

24 powers, duties, rights, and responsibilities related to State

25 healthcare purchasing under this Code that were exercised by

26 the Department of Corrections before the effective date of

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1 Executive Order 3 (2005) but that pertain to individuals

2 resident in facilities operated by the Department of Juvenile

3 Justice are transferred to the Department of Juvenile Justice.

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

5 102-535, eff. 1-1-22; 102-538, eff. 8-20-21; revised

6 10-15-21.)

7 (730 ILCS 5/5-5-3)

8 Sec. 5-5-3. Disposition.

9 (a) (Blank).

10 (b) (Blank).

11 (c) (1) (Blank).

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

13 or conditional discharge shall not be imposed for the

14 following offenses. The court shall sentence the offender to

15 not less than the minimum term of imprisonment set forth in

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

17 restitution or both in conjunction with such term of

18 imprisonment:

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

20 imposed.

21 (B) Attempted first degree murder.

22 (C) A Class X felony.

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

24 Illinois Controlled Substances Act, or a violation of

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

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1 relates to more than 5 grams of a substance containing

2 fentanyl or an analog thereof.

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

4 of the Illinois Controlled Substances Act which relates to

5 3 or more grams of a substance containing heroin or an

6 analog thereof.

7 (E) (Blank).

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

9 been convicted of a Class 1 or greater felony, including

10 any state or federal conviction for an offense that

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

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

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

14 1 or greater felony, within 10 years of the date on which

15 the offender committed the offense for which he or she is

16 being sentenced, except as otherwise provided in Section

17 40-10 of the Substance Use Disorder Act.

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

19 felony firearm offense if the offender had been convicted

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

21 federal conviction for an offense that contained, at the

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

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

24 or greater felony) classified as a Class 2 or greater

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

26 committed the offense for which he or she is being

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1 sentenced, except as otherwise provided in Section 40-10

2 of the Substance Use Disorder Act.

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

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

5 for which imprisonment is prescribed in those Sections.

6 (G) Residential burglary, except as otherwise provided

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

8 (H) Criminal sexual assault.

9 (I) Aggravated battery of a senior citizen as

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

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

12 Criminal Code of 2012.

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

14 the activities of an organized gang.

15 Before July 1, 1994, for the purposes of this

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

17 more persons, with an established hierarchy, that

18 encourages members of the association to perpetrate crimes

19 or provides support to the members of the association who

20 do commit crimes.

21 Beginning July 1, 1994, for the purposes of this

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

23 in Section 10 of the Illinois Streetgang Terrorism Omnibus

24 Prevention Act.

25 (K) Vehicular hijacking.

26 (L) A second or subsequent conviction for the offense

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1 of hate crime when the underlying offense upon which the

2 hate crime is based is felony aggravated assault or felony

3 mob action.

4 (M) A second or subsequent conviction for the offense

5 of institutional vandalism if the damage to the property

6 exceeds $300.

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

8 subsection (a) of Section 2 of the Firearm Owners

9 Identification Card Act.

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

11 Criminal Code of 1961 or the Criminal Code of 2012.

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

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

14 Criminal Code of 1961 or the Criminal Code of 2012.

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

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

17 Criminal Code of 2012 if the victim is a household or

18 family member of the defendant.

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

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

21 Code of 1961 or the Criminal Code of 2012.

22 (R) A violation of Section 24-3A of the Criminal Code

23 of 1961 or the Criminal Code of 2012.

24 (S) (Blank).

25 (T) (Blank).

26 (U) A second or subsequent violation of Section 6-303

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1 of the Illinois Vehicle Code committed while his or her

2 driver's license, permit, or privilege was revoked because

3 of a violation of Section 9-3 of the Criminal Code of 1961

4 or the Criminal Code of 2012, relating to the offense of

5 reckless homicide, or a similar provision of a law of

6 another state.

7 (V) A violation of paragraph (4) of subsection (c) of

8 Section 11-20.1B or paragraph (4) of subsection (c) of

9 Section 11-20.3 of the Criminal Code of 1961, or paragraph

10 (6) of subsection (a) of Section 11-20.1 of the Criminal

11 Code of 2012 when the victim is under 13 years of age and

12 the defendant has previously been convicted under the laws

13 of this State or any other state of the offense of child

14 pornography, aggravated child pornography, aggravated

15 criminal sexual abuse, aggravated criminal sexual assault,

16 predatory criminal sexual assault of a child, or any of

17 the offenses formerly known as rape, deviate sexual

18 assault, indecent liberties with a child, or aggravated

19 indecent liberties with a child where the victim was under

20 the age of 18 years or an offense that is substantially

21 equivalent to those offenses.

22 (W) A violation of Section 24-3.5 of the Criminal Code

23 of 1961 or the Criminal Code of 2012.

24 (X) A violation of subsection (a) of Section 31-1a of

25 the Criminal Code of 1961 or the Criminal Code of 2012.

26 (Y) A conviction for unlawful possession of a firearm

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1 by a street gang member when the firearm was loaded or

2 contained firearm ammunition.

3 (Z) A Class 1 felony committed while he or she was

4 serving a term of probation or conditional discharge for a

5 felony.

6 (AA) Theft of property exceeding $500,000 and not

7 exceeding $1,000,000 in value.

8 (BB) Laundering of criminally derived property of a

9 value exceeding $500,000.

10 (CC) Knowingly selling, offering for sale, holding for

11 sale, or using 2,000 or more counterfeit items or

12 counterfeit items having a retail value in the aggregate

13 of $500,000 or more.

14 (DD) A conviction for aggravated assault under

15 paragraph (6) of subsection (c) of Section 12-2 of the

16 Criminal Code of 1961 or the Criminal Code of 2012 if the

17 firearm is aimed toward the person against whom the

18 firearm is being used.

19 (EE) A conviction for a violation of paragraph (2) of

20 subsection (a) of Section 24-3B of the Criminal Code of

21 2012.

22 (3) (Blank).

23 (4) A minimum term of imprisonment of not less than 10

24 consecutive days or 30 days of community service shall be

25 imposed for a violation of paragraph (c) of Section 6-303 of

26 the Illinois Vehicle Code.

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1 (4.1) (Blank).

2 (4.2) Except as provided in paragraphs (4.3) and (4.8) of

3 this subsection (c), a minimum of 100 hours of community

4 service shall be imposed for a second violation of Section

5 6-303 of the Illinois Vehicle Code.

6 (4.3) A minimum term of imprisonment of 30 days or 300

7 hours of community service, as determined by the court, shall

8 be imposed for a second violation of subsection (c) of Section

9 6-303 of the Illinois Vehicle Code.

10 (4.4) Except as provided in paragraphs (4.5), (4.6), and

11 (4.9) of this subsection (c), a minimum term of imprisonment

12 of 30 days or 300 hours of community service, as determined by

13 the court, shall be imposed for a third or subsequent

14 violation of Section 6-303 of the Illinois Vehicle Code. The

15 court may give credit toward the fulfillment of community

16 service hours for participation in activities and treatment as

17 determined by court services.

18 (4.5) A minimum term of imprisonment of 30 days shall be

19 imposed for a third violation of subsection (c) of Section

20 6-303 of the Illinois Vehicle Code.

21 (4.6) Except as provided in paragraph (4.10) of this

22 subsection (c), a minimum term of imprisonment of 180 days

23 shall be imposed for a fourth or subsequent violation of

24 subsection (c) of Section 6-303 of the Illinois Vehicle Code.

25 (4.7) A minimum term of imprisonment of not less than 30

26 consecutive days, or 300 hours of community service, shall be

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1 imposed for a violation of subsection (a-5) of Section 6-303

2 of the Illinois Vehicle Code, as provided in subsection (b-5)

3 of that Section.

4 (4.8) A mandatory prison sentence shall be imposed for a

5 second violation of subsection (a-5) of Section 6-303 of the

6 Illinois Vehicle Code, as provided in subsection (c-5) of that

7 Section. The person's driving privileges shall be revoked for

8 a period of not less than 5 years from the date of his or her

9 release from prison.

10 (4.9) A mandatory prison sentence of not less than 4 and

11 not more than 15 years shall be imposed for a third violation

12 of subsection (a-5) of Section 6-303 of the Illinois Vehicle

13 Code, as provided in subsection (d-2.5) of that Section. The

14 person's driving privileges shall be revoked for the remainder

15 of his or her life.

16 (4.10) A mandatory prison sentence for a Class 1 felony

17 shall be imposed, and the person shall be eligible for an

18 extended term sentence, for a fourth or subsequent violation

19 of subsection (a-5) of Section 6-303 of the Illinois Vehicle

20 Code, as provided in subsection (d-3.5) of that Section. The

21 person's driving privileges shall be revoked for the remainder

22 of his or her life.

23 (5) The court may sentence a corporation or unincorporated

24 association convicted of any offense to:

25 (A) a period of conditional discharge;

26 (B) a fine;

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1 (C) make restitution to the victim under Section 5-5-6

2 of this Code.

3 (5.1) In addition to any other penalties imposed, and

4 except as provided in paragraph (5.2) or (5.3), a person

5 convicted of violating subsection (c) of Section 11-907 of the

6 Illinois Vehicle Code shall have his or her driver's license,

7 permit, or privileges suspended for at least 90 days but not

8 more than one year, if the violation resulted in damage to the

9 property of another person.

10 (5.2) In addition to any other penalties imposed, and

11 except as provided in paragraph (5.3), a person convicted of

12 violating subsection (c) of Section 11-907 of the Illinois

13 Vehicle Code shall have his or her driver's license, permit,

14 or privileges suspended for at least 180 days but not more than

15 2 years, if the violation resulted in injury to another

16 person.

17 (5.3) In addition to any other penalties imposed, a person

18 convicted of violating subsection (c) of Section 11-907 of the

19 Illinois Vehicle Code shall have his or her driver's license,

20 permit, or privileges suspended for 2 years, if the violation

21 resulted in the death of another person.

22 (5.4) In addition to any other penalties imposed, a person

23 convicted of violating Section 3-707 of the Illinois Vehicle

24 Code shall have his or her driver's license, permit, or

25 privileges suspended for 3 months and until he or she has paid

26 a reinstatement fee of $100.

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1 (5.5) In addition to any other penalties imposed, a person

2 convicted of violating Section 3-707 of the Illinois Vehicle

3 Code during a period in which his or her driver's license,

4 permit, or privileges were suspended for a previous violation

5 of that Section shall have his or her driver's license,

6 permit, or privileges suspended for an additional 6 months

7 after the expiration of the original 3-month suspension and

8 until he or she has paid a reinstatement fee of $100.

9 (6) (Blank).

10 (7) (Blank).

11 (8) (Blank).

12 (9) A defendant convicted of a second or subsequent

13 offense of ritualized abuse of a child may be sentenced to a

14 term of natural life imprisonment.

15 (10) (Blank).

16 (11) The court shall impose a minimum fine of $1,000 for a

17 first offense and $2,000 for a second or subsequent offense

18 upon a person convicted of or placed on supervision for

19 battery when the individual harmed was a sports official or

20 coach at any level of competition and the act causing harm to

21 the sports official or coach occurred within an athletic

22 facility or within the immediate vicinity of the athletic

23 facility at which the sports official or coach was an active

24 participant of the athletic contest held at the athletic

25 facility. For the purposes of this paragraph (11), "sports

26 official" means a person at an athletic contest who enforces

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1 the rules of the contest, such as an umpire or referee;

2 "athletic facility" means an indoor or outdoor playing field

3 or recreational area where sports activities are conducted;

4 and "coach" means a person recognized as a coach by the

5 sanctioning authority that conducted the sporting event.

6 (12) A person may not receive a disposition of court

7 supervision for a violation of Section 5-16 of the Boat

8 Registration and Safety Act if that person has previously

9 received a disposition of court supervision for a violation of

10 that Section.

11 (13) A person convicted of or placed on court supervision

12 for an assault or aggravated assault when the victim and the

13 offender are family or household members as defined in Section

14 103 of the Illinois Domestic Violence Act of 1986 or convicted

15 of domestic battery or aggravated domestic battery may be

16 required to attend a Partner Abuse Intervention Program under

17 protocols set forth by the Illinois Department of Human

18 Services under such terms and conditions imposed by the court.

19 The costs of such classes shall be paid by the offender.

20 (d) In any case in which a sentence originally imposed is

21 vacated, the case shall be remanded to the trial court. The

22 trial court shall hold a hearing under Section 5-4-1 of this

23 Code which may include evidence of the defendant's life, moral

24 character and occupation during the time since the original

25 sentence was passed. The trial court shall then impose

26 sentence upon the defendant. The trial court may impose any

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1 sentence which could have been imposed at the original trial

2 subject to Section 5-5-4 of this Code. If a sentence is vacated

3 on appeal or on collateral attack due to the failure of the

4 trier of fact at trial to determine beyond a reasonable doubt

5 the existence of a fact (other than a prior conviction)

6 necessary to increase the punishment for the offense beyond

7 the statutory maximum otherwise applicable, either the

8 defendant may be re-sentenced to a term within the range

9 otherwise provided or, if the State files notice of its

10 intention to again seek the extended sentence, the defendant

11 shall be afforded a new trial.

12 (e) In cases where prosecution for aggravated criminal

13 sexual abuse under Section 11-1.60 or 12-16 of the Criminal

14 Code of 1961 or the Criminal Code of 2012 results in conviction

15 of a defendant who was a family member of the victim at the

16 time of the commission of the offense, the court shall

17 consider the safety and welfare of the victim and may impose a

18 sentence of probation only where:

19 (1) the court finds (A) or (B) or both are

20 appropriate:

21 (A) the defendant is willing to undergo a court

22 approved counseling program for a minimum duration of

23 2 years; or

24 (B) the defendant is willing to participate in a

25 court approved plan,including, but not limited to,

26 the defendant's:

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1 (i) removal from the household;

2 (ii) restricted contact with the victim;

3 (iii) continued financial support of the

4 family;

5 (iv) restitution for harm done to the victim;

6 and

7 (v) compliance with any other measures that

8 the court may deem appropriate; and

9 (2) the court orders the defendant to pay for the

10 victim's counseling services, to the extent that the court

11 finds, after considering the defendant's income and

12 assets, that the defendant is financially capable of

13 paying for such services, if the victim was under 18 years

14 of age at the time the offense was committed and requires

15 counseling as a result of the offense.

16 Probation may be revoked or modified pursuant to Section

17 5-6-4; except where the court determines at the hearing that

18 the defendant violated a condition of his or her probation

19 restricting contact with the victim or other family members or

20 commits another offense with the victim or other family

21 members, the court shall revoke the defendant's probation and

22 impose a term of imprisonment.

23 For the purposes of this Section, "family member" and

24 "victim" shall have the meanings ascribed to them in Section

25 11-0.1 of the Criminal Code of 2012.

26 (f) (Blank).

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1 (g) Whenever a defendant is convicted of an offense under

2 Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-14,

3 11-14.3, 11-14.4 except for an offense that involves keeping a

4 place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17,

5 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14,

6 12-14.1, 12-15, or 12-16 of the Criminal Code of 1961 or the

7 Criminal Code of 2012, the defendant shall undergo medical

8 testing to determine whether the defendant has any sexually

9 transmissible disease, including a test for infection with

10 human immunodeficiency virus (HIV) or any other identified

11 causative agent of acquired immunodeficiency syndrome (AIDS).

12 Any such medical test shall be performed only by appropriately

13 licensed medical practitioners and may include an analysis of

14 any bodily fluids as well as an examination of the defendant's

15 person. Except as otherwise provided by law, the results of

16 such test shall be kept strictly confidential by all medical

17 personnel involved in the testing and must be personally

18 delivered in a sealed envelope to the judge of the court in

19 which the conviction was entered for the judge's inspection in

20 camera. Acting in accordance with the best interests of the

21 victim and the public, the judge shall have the discretion to

22 determine to whom, if anyone, the results of the testing may be

23 revealed. The court shall notify the defendant of the test

24 results. The court shall also notify the victim if requested

25 by the victim, and if the victim is under the age of 15 and if

26 requested by the victim's parents or legal guardian, the court

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1 shall notify the victim's parents or legal guardian of the

2 test results. The court shall provide information on the

3 availability of HIV testing and counseling at Department of

4 Public Health facilities to all parties to whom the results of

5 the testing are revealed and shall direct the State's Attorney

6 to provide the information to the victim when possible. The

7 court shall order that the cost of any such test shall be paid

8 by the county and may be taxed as costs against the convicted

9 defendant.

10 (g-5) When an inmate is tested for an airborne

11 communicable disease, as determined by the Illinois Department

12 of Public Health, including,but not limited to, tuberculosis,

13 the results of the test shall be personally delivered by the

14 warden or his or her designee in a sealed envelope to the judge

15 of the court in which the inmate must appear for the judge's

16 inspection in camera if requested by the judge. Acting in

17 accordance with the best interests of those in the courtroom,

18 the judge shall have the discretion to determine what if any

19 precautions need to be taken to prevent transmission of the

20 disease in the courtroom.

21 (h) Whenever a defendant is convicted of an offense under

22 Section 1 or 2 of the Hypodermic Syringes and Needles Act, the

23 defendant shall undergo medical testing to determine whether

24 the defendant has been exposed to human immunodeficiency virus

25 (HIV) or any other identified causative agent of acquired

26 immunodeficiency syndrome (AIDS). Except as otherwise provided

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1 by law, the results of such test shall be kept strictly

2 confidential by all medical personnel involved in the testing

3 and must be personally delivered in a sealed envelope to the

4 judge of the court in which the conviction was entered for the

5 judge's inspection in camera. Acting in accordance with the

6 best interests of the public, the judge shall have the

7 discretion to determine to whom, if anyone, the results of the

8 testing may be revealed. The court shall notify the defendant

9 of a positive test showing an infection with the human

10 immunodeficiency virus (HIV). The court shall provide

11 information on the availability of HIV testing and counseling

12 at Department of Public Health facilities to all parties to

13 whom the results of the testing are revealed and shall direct

14 the State's Attorney to provide the information to the victim

15 when possible. The court shall order that the cost of any such

16 test shall be paid by the county and may be taxed as costs

17 against the convicted defendant.

18 (i) All fines and penalties imposed under this Section for

19 any violation of Chapters 3, 4, 6, and 11 of the Illinois

20 Vehicle Code, or a similar provision of a local ordinance, and

21 any violation of the Child Passenger Protection Act, or a

22 similar provision of a local ordinance, shall be collected and

23 disbursed by the circuit clerk as provided under the Criminal

24 and Traffic Assessment Act.

25 (j) In cases when prosecution for any violation of Section

26 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8, 11-9,

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1 11-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17,

2 11-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20.1,

3 11-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1,

4 12-15, or 12-16 of the Criminal Code of 1961 or the Criminal

5 Code of 2012, any violation of the Illinois Controlled

6 Substances Act, any violation of the Cannabis Control Act, or

7 any violation of the Methamphetamine Control and Community

8 Protection Act results in conviction, a disposition of court

9 supervision, or an order of probation granted under Section 10

10 of the Cannabis Control Act, Section 410 of the Illinois

11 Controlled Substances Act, or Section 70 of the

12 Methamphetamine Control and Community Protection Act of a

13 defendant, the court shall determine whether the defendant is

14 employed by a facility or center as defined under the Child

15 Care Act of 1969, a public or private elementary or secondary

16 school, or otherwise works with children under 18 years of age

17 on a daily basis. When a defendant is so employed, the court

18 shall order the Clerk of the Court to send a copy of the

19 judgment of conviction or order of supervision or probation to

20 the defendant's employer by certified mail. If the employer of

21 the defendant is a school, the Clerk of the Court shall direct

22 the mailing of a copy of the judgment of conviction or order of

23 supervision or probation to the appropriate regional

24 superintendent of schools. The regional superintendent of

25 schools shall notify the State Board of Education of any

26 notification under this subsection.

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1 (j-5) A defendant at least 17 years of age who is convicted

2 of a felony and who has not been previously convicted of a

3 misdemeanor or felony and who is sentenced to a term of

4 imprisonment in the Illinois Department of Corrections shall

5 as a condition of his or her sentence be required by the court

6 to attend educational courses designed to prepare the

7 defendant for a high school diploma and to work toward a high

8 school diploma or to work toward passing high school

9 equivalency testing or to work toward completing a vocational

10 training program offered by the Department of Corrections. If

11 a defendant fails to complete the educational training

12 required by his or her sentence during the term of

13 incarceration, the Prisoner Review Board shall, as a condition

14 of mandatory supervised release, require the defendant, at his

15 or her own expense, to pursue a course of study toward a high

16 school diploma or passage of high school equivalency testing.

17 The Prisoner Review Board shall revoke the mandatory

18 supervised release of a defendant who wilfully fails to comply

19 with this subsection (j-5) upon his or her release from

20 confinement in a penal institution while serving a mandatory

21 supervised release term; however, the inability of the

22 defendant after making a good faith effort to obtain financial

23 aid or pay for the educational training shall not be deemed a

24 wilful failure to comply. The Prisoner Review Board shall

25 recommit the defendant whose mandatory supervised release term

26 has been revoked under this subsection (j-5) as provided in

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1 Section 3-3-9. This subsection (j-5) does not apply to a

2 defendant who has a high school diploma or has successfully

3 passed high school equivalency testing. This subsection (j-5)

4 does not apply to a defendant who is determined by the court to

5 be a person with a developmental disability or otherwise

6 mentally incapable of completing the educational or vocational

7 program.

8 (k) (Blank).

9 (l) (A) Except as provided in paragraph (C) of subsection

10 (l), whenever a defendant, who isnot a citizen or national of

11 the United States ~~an alien as defined by the Immigration and~~

12 ~~Nationality Act~~, is convicted of any felony or misdemeanor

13 offense, the court after sentencing the defendant may, upon

14 motion of the State's Attorney, hold sentence in abeyance and

15 remand the defendant to the custody of the Attorney General of

16 the United States or his or her designated agent to be deported

17 when:

18 (1) a final order of deportation has been issued

19 against the defendant pursuant to proceedings under the

20 Immigration and Nationality Act, and

21 (2) the deportation of the defendant would not

22 deprecate the seriousness of the defendant's conduct and

23 would not be inconsistent with the ends of justice.

24 Otherwise, the defendant shall be sentenced as provided in

25 this Chapter V.

26 (B) If the defendant has already been sentenced for a

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1 felony or misdemeanor offense, or has been placed on probation

2 under Section 10 of the Cannabis Control Act, Section 410 of

3 the Illinois Controlled Substances Act, or Section 70 of the

4 Methamphetamine Control and Community Protection Act, the

5 court may, upon motion of the State's Attorney to suspend the

6 sentence imposed, commit the defendant to the custody of the

7 Attorney General of the United States or his or her designated

8 agent when:

9 (1) a final order of deportation has been issued

10 against the defendant pursuant to proceedings under the

11 Immigration and Nationality Act, and

12 (2) the deportation of the defendant would not

13 deprecate the seriousness of the defendant's conduct and

14 would not be inconsistent with the ends of justice.

15 (C) This subsection (l) does not apply to offenders who

16 are subject to the provisions of paragraph (2) of subsection

17 (a) of Section 3-6-3.

18 (D) Upon motion of the State's Attorney, if a defendant

19 sentenced under this Section returns to the jurisdiction of

20 the United States, the defendant shall be recommitted to the

21 custody of the county from which he or she was sentenced.

22 Thereafter, the defendant shall be brought before the

23 sentencing court, which may impose any sentence that was

24 available under Section 5-5-3 at the time of initial

25 sentencing. In addition, the defendant shall not be eligible

26 for additional earned sentence credit as provided under

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1 Section 3-6-3.

2 (m) A person convicted of criminal defacement of property

3 under Section 21-1.3 of the Criminal Code of 1961 or the

4 Criminal Code of 2012, in which the property damage exceeds

5 $300 and the property damaged is a school building, shall be

6 ordered to perform community service that may include cleanup,

7 removal, or painting over the defacement.

8 (n) The court may sentence a person convicted of a

9 violation of Section 12-19, 12-21, 16-1.3, or 17-56, or

10 subsection (a) or (b) of Section 12-4.4a, of the Criminal Code

11 of 1961 or the Criminal Code of 2012 (i) to an impact

12 incarceration program if the person is otherwise eligible for

13 that program under Section 5-8-1.1, (ii) to community service,

14 or (iii) if the person has a substance use disorder, as defined

15 in the Substance Use Disorder Act, to a treatment program

16 licensed under that Act.

17 (o) Whenever a person is convicted of a sex offense as

18 defined in Section 2 of the Sex Offender Registration Act, the

19 defendant's driver's license or permit shall be subject to

20 renewal on an annual basis in accordance with the provisions

21 of license renewal established by the Secretary of State.

22 (Source: P.A. 101-81, eff. 7-12-19; 102-168, eff. 7-27-21;

23 102-531, eff. 1-1-22; revised 10-12-21.)

24 Section 120. The Property Owned By Aliens Act is amended

25 by changing the title of the Act and Sections 0.01, 7, and 8 as

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1 follows:

2 (765 ILCS 60/Act title)

3 An Act concerning the right of noncitizens ~~aliens~~ to

4 acquire and hold real and personal property.

5 (765 ILCS 60/0.01) (from Ch. 6, par. 0.01)

6 Sec. 0.01. Short title. This Act may be cited as the

7 Property Owned By Noncitizens ~~Aliens~~ Act.

8 (Source: P.A. 86-1324.)

9 (765 ILCS 60/7) (from Ch. 6, par. 7)

10 Sec. 7. All noncitizens ~~aliens~~ may acquire, hold, and

11 dispose of real and personal property in the same manner and to

12 the same extent as natural born citizens of the United States,

13 and the personal estate of a noncitizen ~~an alien~~ dying

14 intestate shall be distributed in the same manner as the

15 estates of natural born citizens, and all persons interested

16 in such estate shall be entitled to proper distributive shares

17 thereof under the laws of this state, whether they are

18 noncitizens~~aliens~~ or not.

19 This amendatory Act of 1992 does not apply to the

20 Agricultural Foreign Investment Disclosure Act.

21 (Source: P.A. 87-1101.)

22 (765 ILCS 60/8) (from Ch. 6, par. 8)

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1 Sec. 8. An act in regard to noncitizens ~~aliens~~ and to

2 restrict their right to acquire and hold real and personal

3 estate and to provide for the disposition of the lands now

4 owned by non-resident noncitizens ~~aliens~~, approved June 16,

5 1887, and in force July 1, 1887, and all other acts and parts

6 of acts in conflict with this act, are hereby repealed.

7 (Source: Laws 1897, p. 5.)

8 Section 125. The Property Taxes of Alien Landlords Act is

9 amended by changing the title of the Act and Sections 0.01 and

10 1 as follows:

11 (765 ILCS 725/Act title)

12 An Act to prevent noncitizen ~~alien~~landlords from

13 including the payment of taxes in the rent of farm lands as a

14 part of the rental thereof.

15 (765 ILCS 725/0.01) (from Ch. 6, par. 8.9)

16 Sec. 0.01. Short title. This Act may be cited as the

17 Property Taxes Of Noncitizen ~~Alien~~ Landlords Act.

18 (Source: P.A. 86-1324.)

19 (765 ILCS 725/1) (from Ch. 6, par. 9)

20 Sec. 1. No contract, agreement or lease in writing or by

21 parol, by which any lands or tenements therein are demised or

22 leased by any noncitizen ~~alien~~or his agents for the purpose of

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1 farming, cultivation or the raising of crops thereon, shall

2 contain any provision requiring the tenant or other person for

3 him, to pay taxes on said lands or tenements, or any part

4 thereof, and all such provisions, agreements and leases so

5 made are declared void as to the taxes aforesaid. If any

6 noncitizen ~~alien~~landlord or his agents shall receive in

7 advance or at any other time any sum of money or article of

8 value from any tenant in lieu of such taxes, directly or

9 indirectly, the same may be recovered back by such tenant

10 before any court having jurisdiction of the amount thereof,

11 and all provisions or agreements in writing or otherwise to

12 pay such taxes shall be held in all courts of this state to be

13 void.

14 (Source: P.A. 81-1509.)

15 Section 130. The Illinois Human Rights Act is amended by

16 changing Section 2-101 as follows:

17 (775 ILCS 5/2-101)

18 Sec. 2-101. Definitions. The following definitions are

19 applicable strictly in the context of this Article.

20 (A) Employee.

21 (1) "Employee" includes:

22 (a) Any individual performing services for

23 remuneration within this State for an employer;

24 (b) An apprentice;

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1 (c) An applicant for any apprenticeship.

2 For purposes of subsection (D) of Section 2-102 of

3 this Act, "employee" also includes an unpaid intern. An

4 unpaid intern is a person who performs work for an

5 employer under the following circumstances:

6 (i) the employer is not committed to hiring the

7 person performing the work at the conclusion of the

8 intern's tenure;

9 (ii) the employer and the person performing the

10 work agree that the person is not entitled to wages for

11 the work performed; and

12 (iii) the work performed:

13 (I) supplements training given in an

14 educational environment that may enhance the

15 employability of the intern;

16 (II) provides experience for the benefit of

17 the person performing the work;

18 (III) does not displace regular employees;

19 (IV) is performed under the close supervision

20 of existing staff; and

21 (V) provides no immediate advantage to the

22 employer providing the training and may

23 occasionally impede the operations of the

24 employer.

25 (2) "Employee" does not include:

26 (a) (Blank);

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1 (b) Individuals employed by persons who are not

2 "employers" as defined by this Act;

3 (c) Elected public officials or the members of

4 their immediate personal staffs;

5 (d) Principal administrative officers of the State

6 or of any political subdivision, municipal corporation

7 or other governmental unit or agency;

8 (e) A person in a vocational rehabilitation

9 facility certified under federal law who has been

10 designated an evaluee, trainee, or work activity

11 client.

12 (B) Employer.

13 (1) "Employer" includes:

14 (a) Any person employing one or more employees

15 within Illinois during 20 or more calendar weeks

16 within the calendar year of or preceding the alleged

17 violation;

18 (b) Any person employing one or more employees

19 when a complainant alleges civil rights violation due

20 to unlawful discrimination based upon his or her

21 physical or mental disability unrelated to ability,

22 pregnancy, or sexual harassment;

23 (c) The State and any political subdivision,

24 municipal corporation or other governmental unit or

25 agency, without regard to the number of employees;

26 (d) Any party to a public contract without regard

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1 to the number of employees;

2 (e) A joint apprenticeship or training committee

3 without regard to the number of employees.

4 (2) "Employer" does not include any place of worship,

5 religious corporation, association, educational

6 institution, society, or non-profit nursing institution

7 conducted by and for those who rely upon treatment by

8 prayer through spiritual means in accordance with the

9 tenets of a recognized church or religious denomination

10 with respect to the employment of individuals of a

11 particular religion to perform work connected with the

12 carrying on by such place of worship, corporation,

13 association, educational institution, society or

14 non-profit nursing institution of its activities.

15 (C) Employment Agency. "Employment Agency" includes both

16 public and private employment agencies and any person, labor

17 organization, or labor union having a hiring hall or hiring

18 office regularly undertaking, with or without compensation, to

19 procure opportunities to work, or to procure, recruit, refer

20 or place employees.

21 (D) Labor Organization. "Labor Organization" includes any

22 organization, labor union, craft union, or any voluntary

23 unincorporated association designed to further the cause of

24 the rights of union labor which is constituted for the

25 purpose, in whole or in part, of collective bargaining or of

26 dealing with employers concerning grievances, terms or

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1 conditions of employment, or apprenticeships or applications

2 for apprenticeships, or of other mutual aid or protection in

3 connection with employment, including apprenticeships or

4 applications for apprenticeships.

5 (E) Sexual Harassment. "Sexual harassment" means any

6 unwelcome sexual advances or requests for sexual favors or any

7 conduct of a sexual nature when (1) submission to such conduct

8 is made either explicitly or implicitly a term or condition of

9 an individual's employment, (2) submission to or rejection of

10 such conduct by an individual is used as the basis for

11 employment decisions affecting such individual, or (3) such

12 conduct has the purpose or effect of substantially interfering

13 with an individual's work performance or creating an

14 intimidating, hostile or offensive working environment.

15 For purposes of this definition, the phrase "working

16 environment" is not limited to a physical location an employee

17 is assigned to perform his or her duties.

18 (E-1) Harassment. "Harassment" means any unwelcome conduct

19 on the basis of an individual's actual or perceived race,

20 color, religion, national origin, ancestry, age, sex, marital

21 status, order of protection status, disability, military

22 status, sexual orientation, pregnancy, unfavorable discharge

23 from military service, citizenship status, or work

24 authorization status that has the purpose or effect of

25 substantially interfering with the individual's work

26 performance or creating an intimidating, hostile, or offensive

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1 working environment. For purposes of this definition, the

2 phrase "working environment" is not limited to a physical

3 location an employee is assigned to perform his or her duties.

4 (F) Religion. "Religion" with respect to employers

5 includes all aspects of religious observance and practice, as

6 well as belief, unless an employer demonstrates that he is

7 unable to reasonably accommodate an employee's or prospective

8 employee's religious observance or practice without undue

9 hardship on the conduct of the employer's business.

10 (G) Public Employer. "Public employer" means the State, an

11 agency or department thereof, unit of local government, school

12 district, instrumentality or political subdivision.

13 (H) Public Employee. "Public employee" means an employee

14 of the State, agency or department thereof, unit of local

15 government, school district, instrumentality or political

16 subdivision. "Public employee" does not include public

17 officers or employees of the General Assembly or agencies

18 thereof.

19 (I) Public Officer. "Public officer" means a person who is

20 elected to office pursuant to the Constitution or a statute or

21 ordinance, or who is appointed to an office which is

22 established, and the qualifications and duties of which are

23 prescribed, by the Constitution or a statute or ordinance, to

24 discharge a public duty for the State, agency or department

25 thereof, unit of local government, school district,

26 instrumentality or political subdivision.

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1 (J) Eligible Bidder. "Eligible bidder" means a person who,

2 prior to contract award or prior to bid opening for State

3 contracts for construction or construction-related services,

4 has filed with the Department a properly completed, sworn and

5 currently valid employer report form, pursuant to the

6 Department's regulations. The provisions of this Article

7 relating to eligible bidders apply only to bids on contracts

8 with the State and its departments, agencies, boards, and

9 commissions, and the provisions do not apply to bids on

10 contracts with units of local government or school districts.

11 (K) Citizenship Status. "Citizenship status" means the

12 status of being:

13 (1) a born U.S. citizen;

14 (2) a naturalized U.S. citizen;

15 (3) a U.S. national; or

16 (4) a person born outside the United States and not a

17 U.S. citizen who islawfully present ~~not an unauthorized~~

18 ~~alien~~and who is protected from discrimination under the

19 provisions of Section 1324b of Title 8 of the United

20 States Code, as now or hereafter amended.

21 (L) Work Authorization Status. "Work authorization status"

22 means the status of being a person born outside of the United

23 States, and not a U.S. citizen, who is authorized by the

24 federal government to work in the United States.

25 (Source: P.A. 101-221, eff. 1-1-20; 101-430, eff. 7-1-20;

26 102-233, eff. 8-2-21; 102-558, eff. 8-20-21.)

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1 Section 135. The Resident Alien Course Act is amended by

2 changing the title of the Act and Sections 0.01, 1, 2, and 3 as

3 follows:

4 (815 ILCS 400/Act title)

5 An Act concerning fees charged for courses offered to

6 persons seeking permanent resident~~alien~~ status under the

7 Immigration Reform and Control Act of 1986.

8 (815 ILCS 400/0.01) (from Ch. 111, par. 8050)

9 Sec. 0.01. Short title. This Act may be cited as the

10 Resident ~~Alien~~ Course Act.

11 (Source: P.A. 86-1324.)

12 (815 ILCS 400/1) (from Ch. 111, par. 8051)

13 Sec. 1. No individual or agency, authorized by the U.S.

14 Immigration and Naturalization Service to offer a course

15 leading to a certificate of satisfactory pursuit for issuance

16 of permanent resident ~~alien~~status, may charge a fee for such

17 course in excess of $5 per hour per individual up to the first

18 60 hours of instruction or $500 for up to 12 months of

19 instruction from the date of registration. As used in this

20 Section, the term "fee" includes all costs associated with the

21 course, including the costs of instruction and materials.

22 (Source: P.A. 86-831.)

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1 (815 ILCS 400/2) (from Ch. 111, par. 8052)

2 Sec. 2. No individual or agency which offers any service

3 or course with the promise of preparing the recipient or

4 enrollee for the English and civics exam of the U.S.

5 Immigration and Naturalization Service for issuance of

6 permanent resident ~~alien~~status may charge a fee for such

7 service or course in excess of $5 per hour per individual up to

8 the first 60 hours of instruction or $500 for up to 12 months

9 of instruction from the date of registration. As used in this

10 Section, the term "fee" includes all costs associated with the

11 service or course, including the costs of instruction and

12 materials.

13 (Source: P.A. 86-831.)

14 (815 ILCS 400/3) (from Ch. 111, par. 8053)

15 Sec. 3. Any individual or agency offering a course or

16 service described in Section 2 shall include within any

17 literature or print or electronic advertisement for such

18 service or course a statement that such service or course is

19 designed to prepare the recipient or enrollee for the English

20 and civics exam of the U.S. Immigration and Naturalization

21 Service and that the individual or agency offering the service

22 or course does not issue the certificate of satisfactory

23 pursuit required by the U.S. Immigration and Naturalization

24 Service for issuance of permanent resident ~~alien~~ status.

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1 (Source: P.A. 86-831.)

2 Section 140. The Consumer Fraud and Deceptive Business

3 Practices Act is amended by changing Section 2AA as follows:

4 (815 ILCS 505/2AA)

5 Sec. 2AA. Immigration services.

6 (a) "Immigration matter" means any proceeding, filing, or

7 action affecting the nonimmigrant, immigrant or citizenship

8 status of any person that arises under immigration and

9 naturalization law, executive order or presidential

10 proclamation of the United States or any foreign country, or

11 that arises under action of the United States Citizenship and

12 Immigration Services, the United States Department of Labor,

13 or the United States Department of State.

14 "Immigration assistance service" means any information or

15 action provided or offered to customers or prospective

16 customers related to immigration matters, excluding legal

17 advice, recommending a specific course of legal action, or

18 providing any other assistance that requires legal analysis,

19 legal judgment, or interpretation of the law.

20 "Compensation" means money, property, services, promise of

21 payment, or anything else of value.

22 "Employed by" means that a person is on the payroll of the

23 employer and the employer deducts from the employee's paycheck

24 social security and withholding taxes, or receives

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1 compensation from the employer on a commission basis or as an

2 independent contractor.

3 "Reasonable costs" means actual costs or, if actual costs

4 cannot be calculated, reasonably estimated costs of such

5 things as photocopying, telephone calls, document requests,

6 and filing fees for immigration forms, and other nominal costs

7 incidental to assistance in an immigration matter.

8 (a-1) The General Assembly finds and declares that private

9 individuals who assist persons with immigration matters have a

10 significant impact on the ability of their clients to reside

11 and work within the United States and to establish and

12 maintain stable families and business relationships. The

13 General Assembly further finds that that assistance and its

14 impact also have a significant effect on the cultural, social,

15 and economic life of the State of Illinois and thereby

16 substantially affect the public interest. It is the intent of

17 the General Assembly to establish rules of practice and

18 conduct for those individuals to promote honesty and fair

19 dealing with residents and to preserve public confidence.

20 (a-5) The following persons are exempt from this Section,

21 provided they prove the exemption by a preponderance of the

22 evidence:

23 (1) An attorney licensed to practice law in any state

24 or territory of the United States, or of any foreign

25 country when authorized by the Illinois Supreme Court, to

26 the extent the attorney renders immigration assistance

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1 service in the course of his or her practice as an

2 attorney.

3 (2) A legal intern, as described by the rules of the

4 Illinois Supreme Court, employed by and under the direct

5 supervision of a licensed attorney and rendering

6 immigration assistance service in the course of the

7 intern's employment.

8 (3) A not-for-profit organization recognized by the

9 Board of Immigration Appeals under 8 CFR 292.2(a) and

10 employees of those organizations accredited under 8 CFR

11 292.2(d).

12 (4) Any organization employing or desiring to employ a

13 documented or undocumented immigrant or nonimmigrant

14 ~~alien~~, where the organization, its employees or its agents

15 provide advice or assistance in immigration matters to

16 documented or undocumented immigrant or nonimmigrant~~alien~~

17 employees or potential employees without compensation from

18 the individuals to whom such advice or assistance is

19 provided.

20 Nothing in this Section shall regulate any business to the

21 extent that such regulation is prohibited or preempted by

22 State or federal law.

23 All other persons providing or offering to provide

24 immigration assistance service shall be subject to this

25 Section.

26 (b) Any person who provides or offers to provide

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1 immigration assistance service may perform only the following

2 services:

3 (1) Completing a government agency form, requested by

4 the customer and appropriate to the customer's needs, only

5 if the completion of that form does not involve a legal

6 judgment for that particular matter.

7 (2) Transcribing responses to a government agency form

8 which is related to an immigration matter, but not

9 advising a customer as to his or her answers on those

10 forms.

11 (3) Translating information on forms to a customer and

12 translating the customer's answers to questions posed on

13 those forms.

14 (4) Securing for the customer supporting documents

15 currently in existence, such as birth and marriage

16 certificates, which may be needed to be submitted with

17 government agency forms.

18 (5) Translating documents from a foreign language into

19 English.

20 (6) Notarizing signatures on government agency forms,

21 if the person performing the service is a notary public of

22 the State of Illinois.

23 (7) Making referrals, without fee, to attorneys who

24 could undertake legal representation for a person in an

25 immigration matter.

26 (8) Preparing or arranging for the preparation of

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1 photographs and fingerprints.

2 (9) Arranging for the performance of medical testing

3 (including X-rays and AIDS tests) and the obtaining of

4 reports of such test results.

5 (10) Conducting English language and civics courses.

6 (11) Other services that the Attorney General

7 determines by rule may be appropriately performed by such

8 persons in light of the purposes of this Section.

9 Fees for a notary public, agency, or any other person who

10 is not an attorney or an accredited representative filling out

11 immigration forms shall be limited to the maximum fees set

12 forth in subsections (a) and (b) of Section 3-104 of the

13 Illinois Notary Public Act (5 ILCS 312/3-104). The maximum fee

14 schedule set forth in subsections (a) and (b) of Section 3-104

15 of the Illinois Notary Public Act shall apply to any person

16 that provides or offers to provide immigration assistance

17 service performing the services described therein. The

18 Attorney General may promulgate rules establishing maximum

19 fees that may be charged for any services not described in that

20 subsection. The maximum fees must be reasonable in light of

21 the costs of providing those services and the degree of

22 professional skill required to provide the services.

23 No person subject to this Act shall charge fees directly

24 or indirectly for referring an individual to an attorney or

25 for any immigration matter not authorized by this Article,

26 provided that a person may charge a fee for notarizing

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1 documents as permitted by the Illinois Notary Public Act.

2 (c) Any person performing such services shall register

3 with the Illinois Attorney General and submit verification of

4 malpractice insurance or of a surety bond.

5 (d) Except as provided otherwise in this subsection,

6 before providing any assistance in an immigration matter a

7 person shall provide the customer with a written contract that

8 includes the following:

9 (1) An explanation of the services to be performed.

10 (2) Identification of all compensation and costs to be

11 charged to the customer for the services to be performed.

12 (3) A statement that documents submitted in support of

13 an application for nonimmigrant, immigrant, or

14 naturalization status may not be retained by the person

15 for any purpose, including payment of compensation or

16 costs.

17 This subsection does not apply to a not-for-profit

18 organization that provides advice or assistance in immigration

19 matters to clients without charge beyond a reasonable fee to

20 reimburse the organization's or clinic's reasonable costs

21 relating to providing immigration services to that client.

22 (e) Any person who provides or offers immigration

23 assistance service and is not exempted from this Section,

24 shall post signs at his or her place of business, setting forth

25 information in English and in every other language in which

26 the person provides or offers to provide immigration

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1 assistance service. Each language shall be on a separate sign.

2 Signs shall be posted in a location where the signs will be

3 visible to customers. Each sign shall be at least 11 inches by

4 17 inches, and shall contain the following:

5 (1) The statement "I AM NOT AN ATTORNEY LICENSED TO

6 PRACTICE LAW AND MAY NOT GIVE LEGAL ADVICE OR ACCEPT FEES

7 FOR LEGAL ADVICE.".

8 (2) The statement "I AM NOT ACCREDITED TO REPRESENT

9 YOU BEFORE THE UNITED STATES IMMIGRATION AND

10 NATURALIZATION SERVICE AND THE IMMIGRATION BOARD OF

11 APPEALS.".

12 (3) The fee schedule.

13 (4) The statement that "You may cancel any contract

14 within 3 working days and get your money back for services

15 not performed.".

16 (5) Additional information the Attorney General may

17 require by rule.

18 Every person engaged in immigration assistance service who

19 is not an attorney who advertises immigration assistance

20 service in a language other than English, whether by radio,

21 television, signs, pamphlets, newspapers, or other written

22 communication, with the exception of a single desk plaque,

23 shall include in the document, advertisement, stationery,

24 letterhead, business card, or other comparable written

25 material the following notice in English and the language in

26 which the written communication appears. This notice shall be

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1 of a conspicuous size, if in writing, and shall state: "I AM

2 NOT AN ATTORNEY LICENSED TO PRACTICE LAW IN ILLINOIS AND MAY

3 NOT GIVE LEGAL ADVICE OR ACCEPT FEES FOR LEGAL ADVICE.". If

4 such advertisement is by radio or television, the statement

5 may be modified but must include substantially the same

6 message.

7 Any person who provides or offers immigration assistance

8 service and is not exempted from this Section shall not, in any

9 document, advertisement, stationery, letterhead, business

10 card, or other comparable written material, literally

11 translate from English into another language terms or titles

12 including, but not limited to, notary public, notary,

13 licensed, attorney, lawyer, or any other term that implies the

14 person is an attorney. To illustrate, the words "notario" and

15 "poder notarial" are prohibited under this provision.

16 If not subject to penalties under subsection (a) of

17 Section 3-103 of the Illinois Notary Public Act (5 ILCS

18 312/3-103), violations of this subsection shall result in a

19 fine of $1,000. Violations shall not preempt or preclude

20 additional appropriate civil or criminal penalties.

21 (f) The written contract shall be in both English and in

22 the language of the customer.

23 (g) A copy of the contract shall be provided to the

24 customer upon the customer's execution of the contract.

25 (h) A customer has the right to rescind a contract within

26 72 hours after his or her signing of the contract.

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1 (i) Any documents identified in paragraph (3) of

2 subsection (c) shall be returned upon demand of the customer.

3 (j) No person engaged in providing immigration services

4 who is not exempted under this Section shall do any of the

5 following:

6 (1) Make any statement that the person can or will

7 obtain special favors from or has special influence with

8 the United States Immigration and Naturalization Service

9 or any other government agency.

10 (2) Retain any compensation for service not performed.

11 (2.5) Accept payment in exchange for providing legal

12 advice or any other assistance that requires legal

13 analysis, legal judgment, or interpretation of the law.

14 (3) Refuse to return documents supplied by, prepared

15 on behalf of, or paid for by the customer upon the request

16 of the customer. These documents must be returned upon

17 request even if there is a fee dispute between the

18 immigration assistant and the customer.

19 (4) Represent or advertise, in connection with the

20 provision of assistance in immigration matters, other

21 titles of credentials, including but not limited to

22 "notary public" or "immigration consultant," that could

23 cause a customer to believe that the person possesses

24 special professional skills or is authorized to provide

25 advice on an immigration matter; provided that a notary

26 public appointed by the Illinois Secretary of State may

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1 use the term "notary public" if the use is accompanied by

2 the statement that the person is not an attorney; the term

3 "notary public" may not be translated to another language;

4 for example "notario" is prohibited.

5 (5) Provide legal advice, recommend a specific course

6 of legal action, or provide any other assistance that

7 requires legal analysis, legal judgment, or interpretation

8 of the law.

9 (6) Make any misrepresentation of false statement,

10 directly or indirectly, to influence, persuade, or induce

11 patronage.

12 (k) (Blank).

13 (l) (Blank).

14 (m) Any person who violates any provision of this Section,

15 or the rules and regulations issued under this Section, shall

16 be guilty of a Class A misdemeanor for a first offense and a

17 Class 3 felony for a second or subsequent offense committed

18 within 5 years of a previous conviction for the same offense.

19 Upon his own information or upon the complaint of any

20 person, the Attorney General or any State's Attorney, or a

21 municipality with a population of more than 1,000,000, may

22 maintain an action for injunctive relief and also seek a civil

23 penalty not exceeding $50,000 in the circuit court against any

24 person who violates any provision of this Section. These

25 remedies are in addition to, and not in substitution for,

26 other available remedies.

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1 If the Attorney General or any State's Attorney or a

2 municipality with a population of more than 1,000,000 fails to

3 bring an action as provided under this Section any person may

4 file a civil action to enforce the provisions of this Article

5 and maintain an action for injunctive relief, for compensatory

6 damages to recover prohibited fees, or for such additional

7 relief as may be appropriate to deter, prevent, or compensate

8 for the violation. In order to deter violations of this

9 Section, courts shall not require a showing of the traditional

10 elements for equitable relief. A prevailing plaintiff may be

11 awarded 3 times the prohibited fees or a minimum of $1,000 in

12 punitive damages, attorney's fees, and costs of bringing an

13 action under this Section. It is the express intention of the

14 General Assembly that remedies for violation of this Section

15 be cumulative.

16 (n) No unit of local government, including any home rule

17 unit, shall have the authority to regulate immigration

18 assistance services unless such regulations are at least as

19 stringent as those contained in Public Act 87-1211. It is

20 declared to be the law of this State, pursuant to paragraph (i)

21 of Section 6 of Article VII of the Illinois Constitution of

22 1970, that Public Act 87-1211 is a limitation on the authority

23 of a home rule unit to exercise powers concurrently with the

24 State. The limitations of this Section do not apply to a home

25 rule unit that has, prior to January 1, 1993 (the effective

26 date of Public Act 87-1211), adopted an ordinance regulating

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1 immigration assistance services.

2 (o) This Section is severable under Section 1.31 of the

3 Statute on Statutes.

4 (p) The Attorney General shall issue rules not

5 inconsistent with this Section for the implementation,

6 administration, and enforcement of this Section. The rules may

7 provide for the following:

8 (1) The content, print size, and print style of the

9 signs required under subsection (e). Print sizes and

10 styles may vary from language to language.

11 (2) Standard forms for use in the administration of

12 this Section.

13 (3) Any additional requirements deemed necessary.

14 (Source: P.A. 99-679, eff. 1-1-17; 100-863, eff. 8-14-18.)

15 Section 145. The Workers' Compensation Act is amended by

16 changing Sections 1 and 7 as follows:

17 (820 ILCS 305/1) (from Ch. 48, par. 138.1)

18 Sec. 1. This Act may be cited as the Workers' Compensation

19 Act.

20 (a) The term "employer" as used in this Act means:

21 1. The State and each county, city, town, township,

22 incorporated village, school district, body politic, or

23 municipal corporation therein.

24 2. Every person, firm, public or private corporation,

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1 including hospitals, public service, eleemosynary, religious

2 or charitable corporations or associations who has any person

3 in service or under any contract for hire, express or implied,

4 oral or written, and who is engaged in any of the enterprises

5 or businesses enumerated in Section 3 of this Act, or who at or

6 prior to the time of the accident to the employee for which

7 compensation under this Act may be claimed, has in the manner

8 provided in this Act elected to become subject to the

9 provisions of this Act, and who has not, prior to such

10 accident, effected a withdrawal of such election in the manner

11 provided in this Act.

12 3. Any one engaging in any business or enterprise referred

13 to in subsections 1 and 2 of Section 3 of this Act who

14 undertakes to do any work enumerated therein, is liable to pay

15 compensation to his own immediate employees in accordance with

16 the provisions of this Act, and in addition thereto if he

17 directly or indirectly engages any contractor whether

18 principal or sub-contractor to do any such work, he is liable

19 to pay compensation to the employees of any such contractor or

20 sub-contractor unless such contractor or sub-contractor has

21 insured, in any company or association authorized under the

22 laws of this State to insure the liability to pay compensation

23 under this Act, or guaranteed his liability to pay such

24 compensation. With respect to any time limitation on the

25 filing of claims provided by this Act, the timely filing of a

26 claim against a contractor or subcontractor, as the case may

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1 be, shall be deemed to be a timely filing with respect to all

2 persons upon whom liability is imposed by this paragraph.

3 In the event any such person pays compensation under this

4 subsection he may recover the amount thereof from the

5 contractor or sub-contractor, if any, and in the event the

6 contractor pays compensation under this subsection he may

7 recover the amount thereof from the sub-contractor, if any.

8 This subsection does not apply in any case where the

9 accident occurs elsewhere than on, in or about the immediate

10 premises on which the principal has contracted that the work

11 be done.

12 4. Where an employer operating under and subject to the

13 provisions of this Act loans an employee to another such

14 employer and such loaned employee sustains a compensable

15 accidental injury in the employment of such borrowing employer

16 and where such borrowing employer does not provide or pay the

17 benefits or payments due such injured employee, such loaning

18 employer is liable to provide or pay all benefits or payments

19 due such employee under this Act and as to such employee the

20 liability of such loaning and borrowing employers is joint and

21 several, provided that such loaning employer is in the absence

22 of agreement to the contrary entitled to receive from such

23 borrowing employer full reimbursement for all sums paid or

24 incurred pursuant to this paragraph together with reasonable

25 attorneys' fees and expenses in any hearings before the

26 Illinois Workers' Compensation Commission or in any action to

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1 secure such reimbursement. Where any benefit is provided or

2 paid by such loaning employer the employee has the duty of

3 rendering reasonable cooperation in any hearings, trials or

4 proceedings in the case, including such proceedings for

5 reimbursement.

6 Where an employee files an Application for Adjustment of

7 Claim with the Illinois Workers' Compensation Commission

8 alleging that his claim is covered by the provisions of the

9 preceding paragraph, and joining both the alleged loaning and

10 borrowing employers, they and each of them, upon written

11 demand by the employee and within 7 days after receipt of such

12 demand, shall have the duty of filing with the Illinois

13 Workers' Compensation Commission a written admission or denial

14 of the allegation that the claim is covered by the provisions

15 of the preceding paragraph and in default of such filing or if

16 any such denial be ultimately determined not to have been bona

17 fide then the provisions of Paragraph K of Section 19 of this

18 Act shall apply.

19 An employer whose business or enterprise or a substantial

20 part thereof consists of hiring, procuring or furnishing

21 employees to or for other employers operating under and

22 subject to the provisions of this Act for the performance of

23 the work of such other employers and who pays such employees

24 their salary or wages notwithstanding that they are doing the

25 work of such other employers shall be deemed a loaning

26 employer within the meaning and provisions of this Section.

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1 (b) The term "employee" as used in this Act means:

2 1. Every person in the service of the State, including

3 members of the General Assembly, members of the Commerce

4 Commission, members of the Illinois Workers' Compensation

5 Commission, and all persons in the service of the University

6 of Illinois, county, including deputy sheriffs and assistant

7 state's attorneys, city, town, township, incorporated village

8 or school district, body politic, or municipal corporation

9 therein, whether by election, under appointment or contract of

10 hire, express or implied, oral or written, including all

11 members of the Illinois National Guard while on active duty in

12 the service of the State, and all probation personnel of the

13 Juvenile Court appointed pursuant to Article VI of the

14 Juvenile Court Act of 1987, and including any official of the

15 State, any county, city, town, township, incorporated village,

16 school district, body politic or municipal corporation therein

17 except any duly appointed member of a police department in any

18 city whose population exceeds 500,000 according to the last

19 Federal or State census, and except any member of a fire

20 insurance patrol maintained by a board of underwriters in this

21 State. A duly appointed member of a fire department in any

22 city, the population of which exceeds 500,000 according to the

23 last federal or State census, is an employee under this Act

24 only with respect to claims brought under paragraph (c) of

25 Section 8.

26 One employed by a contractor who has contracted with the

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1 State, or a county, city, town, township, incorporated

2 village, school district, body politic or municipal

3 corporation therein, through its representatives, is not

4 considered as an employee of the State, county, city, town,

5 township, incorporated village, school district, body politic

6 or municipal corporation which made the contract.

7 2. Every person in the service of another under any

8 contract of hire, express or implied, oral or written,

9 including persons whose employment is outside of the State of

10 Illinois where the contract of hire is made within the State of

11 Illinois, persons whose employment results in fatal or

12 non-fatal injuries within the State of Illinois where the

13 contract of hire is made outside of the State of Illinois, and

14 persons whose employment is principally localized within the

15 State of Illinois, regardless of the place of the accident or

16 the place where the contract of hire was made, and including

17 noncitizens ~~aliens~~, and minors who, for the purpose of this

18 Act are considered the same and have the same power to

19 contract, receive payments and give quittances therefor, as

20 adult employees.

21 3. Every sole proprietor and every partner of a business

22 may elect to be covered by this Act.

23 An employee or his dependents under this Act who shall

24 have a cause of action by reason of any injury, disablement or

25 death arising out of and in the course of his employment may

26 elect to pursue his remedy in the State where injured or

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1 disabled, or in the State where the contract of hire is made,

2 or in the State where the employment is principally localized.

3 However, any employer may elect to provide and pay

4 compensation to any employee other than those engaged in the

5 usual course of the trade, business, profession or occupation

6 of the employer by complying with Sections 2 and 4 of this Act.

7 Employees are not included within the provisions of this Act

8 when excluded by the laws of the United States relating to

9 liability of employers to their employees for personal

10 injuries where such laws are held to be exclusive.

11 The term "employee" does not include persons performing

12 services as real estate broker, broker-salesman, or salesman

13 when such persons are paid by commission only.

14 (c) "Commission" means the Industrial Commission created

15 by Section 5 of "The Civil Administrative Code of Illinois",

16 approved March 7, 1917, as amended, or the Illinois Workers'

17 Compensation Commission created by Section 13 of this Act.

18 (d) To obtain compensation under this Act, an employee

19 bears the burden of showing, by a preponderance of the

20 evidence, that he or she has sustained accidental injuries

21 arising out of and in the course of the employment.

22 (Source: P.A. 97-18, eff. 6-28-11; 97-268, eff. 8-8-11;

23 97-813, eff. 7-13-12.)

24 (820 ILCS 305/7) (from Ch. 48, par. 138.7)

25 Sec. 7. The amount of compensation which shall be paid for

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1 an accidental injury to the employee resulting in death is:

2 (a) If the employee leaves surviving a widow, widower,

3 child or children, the applicable weekly compensation rate

4 computed in accordance with subparagraph 2 of paragraph (b) of

5 Section 8, shall be payable during the life of the widow or

6 widower and if any surviving child or children shall not be

7 physically or mentally incapacitated then until the death of

8 the widow or widower or until the youngest child shall reach

9 the age of 18, whichever shall come later; provided that if

10 such child or children shall be enrolled as a full time student

11 in any accredited educational institution, the payments shall

12 continue until such child has attained the age of 25. In the

13 event any surviving child or children shall be physically or

14 mentally incapacitated, the payments shall continue for the

15 duration of such incapacity.

16 The term "child" means a child whom the deceased employee

17 left surviving, including a posthumous child, a child legally

18 adopted, a child whom the deceased employee was legally

19 obligated to support or a child to whom the deceased employee

20 stood in loco parentis. The term "children" means the plural

21 of "child".

22 The term "physically or mentally incapacitated child or

23 children" means a child or children incapable of engaging in

24 regular and substantial gainful employment.

25 In the event of the remarriage of a widow or widower, where

26 the decedent did not leave surviving any child or children

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1 who, at the time of such remarriage, are entitled to

2 compensation benefits under this Act, the surviving spouse

3 shall be paid a lump sum equal to 2 years compensation benefits

4 and all further rights of such widow or widower shall be

5 extinguished.

6 If the employee leaves surviving any child or children

7 under 18 years of age who at the time of death shall be

8 entitled to compensation under this paragraph (a) of this

9 Section, the weekly compensation payments herein provided for

10 such child or children shall in any event continue for a period

11 of not less than 6 years.

12 Any beneficiary entitled to compensation under this

13 paragraph (a) of this Section shall receive from the special

14 fund provided in paragraph (f) of this Section, in addition to

15 the compensation herein provided, supplemental benefits in

16 accordance with paragraph (g) of Section 8.

17 (b) If no compensation is payable under paragraph (a) of

18 this Section and the employee leaves surviving a parent or

19 parents who at the time of the accident were totally dependent

20 upon the earnings of the employee then weekly payments equal

21 to the compensation rate payable in the case where the

22 employee leaves surviving a widow or widower, shall be paid to

23 such parent or parents for the duration of their lives, and in

24 the event of the death of either, for the life of the survivor.

25 (c) If no compensation is payable under paragraphs (a) or

26 (b) of this Section and the employee leaves surviving any

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1 child or children who are not entitled to compensation under

2 the foregoing paragraph (a) but who at the time of the accident

3 were nevertheless in any manner dependent upon the earnings of

4 the employee, or leaves surviving a parent or parents who at

5 the time of the accident were partially dependent upon the

6 earnings of the employee, then there shall be paid to such

7 dependent or dependents for a period of 8 years weekly

8 compensation payments at such proportion of the applicable

9 rate if the employee had left surviving a widow or widower as

10 such dependency bears to total dependency. In the event of the

11 death of any such beneficiary the share of such beneficiary

12 shall be divided equally among the surviving beneficiaries and

13 in the event of the death of the last such beneficiary all the

14 rights under this paragraph shall be extinguished.

15 (d) If no compensation is payable under paragraphs (a),

16 (b) or (c) of this Section and the employee leaves surviving

17 any grandparent, grandparents, grandchild or grandchildren or

18 collateral heirs dependent upon the employee's earnings to the

19 extent of 50% or more of total dependency, then there shall be

20 paid to such dependent or dependents for a period of 5 years

21 weekly compensation payments at such proportion of the

22 applicable rate if the employee had left surviving a widow or

23 widower as such dependency bears to total dependency. In the

24 event of the death of any such beneficiary the share of such

25 beneficiary shall be divided equally among the surviving

26 beneficiaries and in the event of the death of the last such

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1 beneficiary all rights hereunder shall be extinguished.

2 (e) The compensation to be paid for accidental injury

3 which results in death, as provided in this Section, shall be

4 paid to the persons who form the basis for determining the

5 amount of compensation to be paid by the employer, the

6 respective shares to be in the proportion of their respective

7 dependency at the time of the accident on the earnings of the

8 deceased. The Commission or an Arbitrator thereof may, in its

9 or his discretion, order or award the payment to the parent or

10 grandparent of a child for the latter's support the amount of

11 compensation which but for such order or award would have been

12 paid to such child as its share of the compensation payable,

13 which order or award may be modified from time to time by the

14 Commission in its discretion with respect to the person to

15 whom shall be paid the amount of the order or award remaining

16 unpaid at the time of the modification.

17 The payments of compensation by the employer in accordance

18 with the order or award of the Commission discharges such

19 employer from all further obligation as to such compensation.

20 (f) The sum of $8,000 for burial expenses shall be paid by

21 the employer to the widow or widower, other dependent, next of

22 kin or to the person or persons incurring the expense of

23 burial.

24 In the event the employer failed to provide necessary

25 first aid, medical, surgical or hospital service, he shall pay

26 the cost thereof to the person or persons entitled to

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1 compensation under paragraphs (a), (b), (c) or (d) of this

2 Section, or to the person or persons incurring the obligation

3 therefore, or providing the same.

4 On January 15 and July 15, 1981, and on January 15 and July

5 15 of each year thereafter the employer shall within 60 days

6 pay a sum equal to 1/8 of 1% of all compensation payments made

7 by him after July 1, 1980, either under this Act or the

8 Workers' Occupational Diseases Act, whether by lump sum

9 settlement or weekly compensation payments, but not including

10 hospital, surgical or rehabilitation payments, made during the

11 first 6 months and during the second 6 months respectively of

12 the fiscal year next preceding the date of the payments, into a

13 special fund which shall be designated the "Second Injury

14 Fund", of which the State Treasurer is ex-officio custodian,

15 such special fund to be held and disbursed for the purposes

16 hereinafter stated in paragraphs (f) and (g) of Section 8,

17 either upon the order of the Commission or of a competent

18 court. Said special fund shall be deposited the same as are

19 State funds and any interest accruing thereon shall be added

20 thereto every 6 months. It is subject to audit the same as

21 State funds and accounts and is protected by the General bond

22 given by the State Treasurer. It is considered always

23 appropriated for the purposes of disbursements as provided in

24 Section 8, paragraph (f), of this Act, and shall be paid out

25 and disbursed as therein provided and shall not at any time be

26 appropriated or diverted to any other use or purpose.

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1 On January 15, 1991, the employer shall further pay a sum

2 equal to one half of 1% of all compensation payments made by

3 him from January 1, 1990 through June 30, 1990 either under

4 this Act or under the Workers' Occupational Diseases Act,

5 whether by lump sum settlement or weekly compensation

6 payments, but not including hospital, surgical or

7 rehabilitation payments, into an additional Special Fund which

8 shall be designated as the "Rate Adjustment Fund". On March

9 15, 1991, the employer shall pay into the Rate Adjustment Fund

10 a sum equal to one half of 1% of all such compensation payments

11 made from July 1, 1990 through December 31, 1990. Within 60

12 days after July 15, 1991, the employer shall pay into the Rate

13 Adjustment Fund a sum equal to one half of 1% of all such

14 compensation payments made from January 1, 1991 through June

15 30, 1991. Within 60 days after January 15 of 1992 and each

16 subsequent year through 1996, the employer shall pay into the

17 Rate Adjustment Fund a sum equal to one half of 1% of all such

18 compensation payments made in the last 6 months of the

19 preceding calendar year. Within 60 days after July 15 of 1992

20 and each subsequent year through 1995, the employer shall pay

21 into the Rate Adjustment Fund a sum equal to one half of 1% of

22 all such compensation payments made in the first 6 months of

23 the same calendar year. Within 60 days after January 15 of 1997

24 and each subsequent year through 2005, the employer shall pay

25 into the Rate Adjustment Fund a sum equal to three-fourths of

26 1% of all such compensation payments made in the last 6 months

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1 of the preceding calendar year. Within 60 days after July 15 of

2 1996 and each subsequent year through 2004, the employer shall

3 pay into the Rate Adjustment Fund a sum equal to three-fourths

4 of 1% of all such compensation payments made in the first 6

5 months of the same calendar year. Within 60 days after July 15

6 of 2005, the employer shall pay into the Rate Adjustment Fund a

7 sum equal to 1% of such compensation payments made in the first

8 6 months of the same calendar year. Within 60 days after

9 January 15 of 2006 and each subsequent year, the employer

10 shall pay into the Rate Adjustment Fund a sum equal to 1.25% of

11 such compensation payments made in the last 6 months of the

12 preceding calendar year. Within 60 days after July 15 of 2006

13 and each subsequent year, the employer shall pay into the Rate

14 Adjustment Fund a sum equal to 1.25% of such compensation

15 payments made in the first 6 months of the same calendar year.

16 The administrative costs of collecting assessments from

17 employers for the Rate Adjustment Fund shall be paid from the

18 Rate Adjustment Fund. The cost of an actuarial audit of the

19 Fund shall be paid from the Rate Adjustment Fund. The State

20 Treasurer is ex officio custodian of such Special Fund and the

21 same shall be held and disbursed for the purposes hereinafter

22 stated in paragraphs (f) and (g) of Section 8 upon the order of

23 the Commission or of a competent court. The Rate Adjustment

24 Fund shall be deposited the same as are State funds and any

25 interest accruing thereon shall be added thereto every 6

26 months. It shall be subject to audit the same as State funds

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1 and accounts and shall be protected by the general bond given

2 by the State Treasurer. It is considered always appropriated

3 for the purposes of disbursements as provided in paragraphs

4 (f) and (g) of Section 8 of this Act and shall be paid out and

5 disbursed as therein provided and shall not at any time be

6 appropriated or diverted to any other use or purpose. Within 5

7 days after the effective date of this amendatory Act of 1990,

8 the Comptroller and the State Treasurer shall transfer

9 $1,000,000 from the General Revenue Fund to the Rate

10 Adjustment Fund. By February 15, 1991, the Comptroller and the

11 State Treasurer shall transfer $1,000,000 from the Rate

12 Adjustment Fund to the General Revenue Fund. The Comptroller

13 and Treasurer are authorized to make transfers at the request

14 of the Chairman up to a total of $19,000,000 from the Second

15 Injury Fund, the General Revenue Fund, and the Workers'

16 Compensation Benefit Trust Fund to the Rate Adjustment Fund to

17 the extent that there is insufficient money in the Rate

18 Adjustment Fund to pay claims and obligations. Amounts may be

19 transferred from the General Revenue Fund only if the funds in

20 the Second Injury Fund or the Workers' Compensation Benefit

21 Trust Fund are insufficient to pay claims and obligations of

22 the Rate Adjustment Fund. All amounts transferred from the

23 Second Injury Fund, the General Revenue Fund, and the Workers'

24 Compensation Benefit Trust Fund shall be repaid from the Rate

25 Adjustment Fund within 270 days of a transfer, together with

26 interest at the rate earned by moneys on deposit in the Fund or

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1 Funds from which the moneys were transferred.

2 Upon a finding by the Commission, after reasonable notice

3 and hearing, that any employer has willfully and knowingly

4 failed to pay the proper amounts into the Second Injury Fund or

5 the Rate Adjustment Fund required by this Section or if such

6 payments are not made within the time periods prescribed by

7 this Section, the employer shall, in addition to such

8 payments, pay a penalty of 20% of the amount required to be

9 paid or $2,500, whichever is greater, for each year or part

10 thereof of such failure to pay. This penalty shall only apply

11 to obligations of an employer to the Second Injury Fund or the

12 Rate Adjustment Fund accruing after the effective date of this

13 amendatory Act of 1989. All or part of such a penalty may be

14 waived by the Commission for good cause shown.

15 Any obligations of an employer to the Second Injury Fund

16 and Rate Adjustment Fund accruing prior to the effective date

17 of this amendatory Act of 1989 shall be paid in full by such

18 employer within 5 years of the effective date of this

19 amendatory Act of 1989, with at least one-fifth of such

20 obligation to be paid during each year following the effective

21 date of this amendatory Act of 1989. If the Commission finds,

22 following reasonable notice and hearing, that an employer has

23 failed to make timely payment of any obligation accruing under

24 the preceding sentence, the employer shall, in addition to all

25 other payments required by this Section, be liable for a

26 penalty equal to 20% of the overdue obligation or $2,500,

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1 whichever is greater, for each year or part thereof that

2 obligation is overdue. All or part of such a penalty may be

3 waived by the Commission for good cause shown.

4 The Chairman of the Illinois Workers' Compensation

5 Commission shall, annually, furnish to the Director of the

6 Department of Insurance a list of the amounts paid into the

7 Second Injury Fund and the Rate Adjustment Fund by each

8 insurance company on behalf of their insured employers. The

9 Director shall verify to the Chairman that the amounts paid by

10 each insurance company are accurate as best as the Director

11 can determine from the records available to the Director. The

12 Chairman shall verify that the amounts paid by each

13 self-insurer are accurate as best as the Chairman can

14 determine from records available to the Chairman. The Chairman

15 may require each self-insurer to provide information

16 concerning the total compensation payments made upon which

17 contributions to the Second Injury Fund and the Rate

18 Adjustment Fund are predicated and any additional information

19 establishing that such payments have been made into these

20 funds. Any deficiencies in payments noted by the Director or

21 Chairman shall be subject to the penalty provisions of this

22 Act.

23 The State Treasurer, or his duly authorized

24 representative, shall be named as a party to all proceedings

25 in all cases involving claim for the loss of, or the permanent

26 and complete loss of the use of one eye, one foot, one leg, one

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1 arm or one hand.

2 The State Treasurer or his duly authorized agent shall

3 have the same rights as any other party to the proceeding,

4 including the right to petition for review of any award. The

5 reasonable expenses of litigation, such as medical

6 examinations, testimony, and transcript of evidence, incurred

7 by the State Treasurer or his duly authorized representative,

8 shall be borne by the Second Injury Fund.

9 If the award is not paid within 30 days after the date the

10 award has become final, the Commission shall proceed to take

11 judgment thereon in its own name as is provided for other

12 awards by paragraph (g) of Section 19 of this Act and take the

13 necessary steps to collect the award.

14 Any person, corporation or organization who has paid or

15 become liable for the payment of burial expenses of the

16 deceased employee may in his or its own name institute

17 proceedings before the Commission for the collection thereof.

18 For the purpose of administration, receipts and

19 disbursements, the Special Fund provided for in paragraph (f)

20 of this Section shall be administered jointly with the Special

21 Fund provided for in Section 7, paragraph (f) of the Workers'

22 Occupational Diseases Act.

23 (g) All compensation, except for burial expenses provided

24 in this Section to be paid in case accident results in death,

25 shall be paid in installments equal to the percentage of the

26 average earnings as provided for in Section 8, paragraph (b)

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1 of this Act, at the same intervals at which the wages or

2 earnings of the employees were paid. If this is not feasible,

3 then the installments shall be paid weekly. Such compensation

4 may be paid in a lump sum upon petition as provided in Section

5 9 of this Act. However, in addition to the benefits provided by

6 Section 9 of this Act where compensation for death is payable

7 to the deceased's widow, widower or to the deceased's widow,

8 widower and one or more children, and where a partial lump sum

9 is applied for by such beneficiary or beneficiaries within 18

10 months after the deceased's death, the Commission may, in its

11 discretion, grant a partial lump sum of not to exceed 100 weeks

12 of the compensation capitalized at their present value upon

13 the basis of interest calculated at 3% per annum with annual

14 rests, upon a showing that such partial lump sum is for the

15 best interest of such beneficiary or beneficiaries.

16 (h) In case the injured employee is under 16 years of age

17 at the time of the accident and is illegally employed, the

18 amount of compensation payable under paragraphs (a), (b), (c),

19 (d) and (f) of this Section shall be increased 50%.

20 Nothing herein contained repeals or amends the provisions

21 of the Child Labor Law relating to the employment of minors

22 under the age of 16 years.

23 However, where an employer has on file an employment

24 certificate issued pursuant to the Child Labor Law or work

25 permit issued pursuant to the Federal Fair Labor Standards

26 Act, as amended, or a birth certificate properly and duly

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1 issued, such certificate, permit or birth certificate is

2 conclusive evidence as to the age of the injured minor

3 employee for the purposes of this Section only.

4 (i) Whenever the dependents of a deceased employee are

5 noncitizens ~~aliens~~not residing in the United States, Mexico

6 or Canada, the amount of compensation payable is limited to

7 the beneficiaries described in paragraphs (a), (b) and (c) of

8 this Section and is 50% of the compensation provided in

9 paragraphs (a), (b) and (c) of this Section, except as

10 otherwise provided by treaty.

11 In a case where any of the persons who would be entitled to

12 compensation is living at any place outside of the United

13 States, then payment shall be made to the personal

14 representative of the deceased employee. The distribution by

15 such personal representative to the persons entitled shall be

16 made to such persons and in such manner as the Commission

17 orders.

18 (Source: P.A. 93-721, eff. 1-1-05; 94-277, eff. 7-20-05;

19 94-695, eff. 11-16-05.)

20 Section 150. The Workers' Occupational Diseases Act is

21 amended by changing Section 1 as follows:

22 (820 ILCS 310/1) (from Ch. 48, par. 172.36)

23 Sec. 1. This Act shall be known and may be cited as the

24 "Workers' Occupational Diseases Act".

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1 (a) The term "employer" as used in this Act shall be

2 construed to be:

3 1. The State and each county, city, town, township,

4 incorporated village, school district, body politic, or

5 municipal corporation therein.

6 2. Every person, firm, public or private corporation,

7 including hospitals, public service, eleemosynary,

8 religious or charitable corporations or associations, who

9 has any person in service or under any contract for hire,

10 express or implied, oral or written.

11 3. Where an employer operating under and subject to

12 the provisions of this Act loans an employee to another

13 such employer and such loaned employee sustains a

14 compensable occupational disease in the employment of such

15 borrowing employer and where such borrowing employer does

16 not provide or pay the benefits or payments due such

17 employee, such loaning employer shall be liable to provide

18 or pay all benefits or payments due such employee under

19 this Act and as to such employee the liability of such

20 loaning and borrowing employers shall be joint and

21 several, provided that such loaning employer shall in the

22 absence of agreement to the contrary be entitled to

23 receive from such borrowing employer full reimbursement

24 for all sums paid or incurred pursuant to this paragraph

25 together with reasonable attorneys' fees and expenses in

26 any hearings before the Illinois Workers' Compensation

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1 Commission or in any action to secure such reimbursement.

2 Where any benefit is provided or paid by such loaning

3 employer, the employee shall have the duty of rendering

4 reasonable co-operation in any hearings, trials or

5 proceedings in the case, including such proceedings for

6 reimbursement.

7 Where an employee files an Application for Adjustment

8 of Claim with the Illinois Workers' Compensation

9 Commission alleging that his or her claim is covered by

10 the provisions of the preceding paragraph, and joining

11 both the alleged loaning and borrowing employers, they and

12 each of them, upon written demand by the employee and

13 within 7 days after receipt of such demand, shall have the

14 duty of filing with the Illinois Workers' Compensation

15 Commission a written admission or denial of the allegation

16 that the claim is covered by the provisions of the

17 preceding paragraph and in default of such filing or if

18 any such denial be ultimately determined not to have been

19 bona fide then the provisions of Paragraph K of Section 19

20 of this Act shall apply.

21 An employer whose business or enterprise or a

22 substantial part thereof consists of hiring, procuring or

23 furnishing employees to or for other employers operating

24 under and subject to the provisions of this Act for the

25 performance of the work of such other employers and who

26 pays such employees their salary or wage notwithstanding

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1 that they are doing the work of such other employers shall

2 be deemed a loaning employer within the meaning and

3 provisions of this Section.

4 (b) The term "employee" as used in this Act, shall be

5 construed to mean:

6 1. Every person in the service of the State, county,

7 city, town, township, incorporated village or school

8 district, body politic or municipal corporation therein,

9 whether by election, appointment or contract of hire,

10 express or implied, oral or written, including any

11 official of the State, or of any county, city, town,

12 township, incorporated village, school district, body

13 politic or municipal corporation therein and except any

14 duly appointed member of the fire department in any city

15 whose population exceeds 500,000 according to the last

16 Federal or State census, and except any member of a fire

17 insurance patrol maintained by a board of underwriters in

18 this State. One employed by a contractor who has

19 contracted with the State, or a county, city, town,

20 township, incorporated village, school district, body

21 politic or municipal corporation therein, through its

22 representatives, shall not be considered as an employee of

23 the State, county, city, town, township, incorporated

24 village, school district, body politic or municipal

25 corporation which made the contract.

26 2. Every person in the service of another under any

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1 contract of hire, express or implied, oral or written, who

2 contracts an occupational disease while working in the

3 State of Illinois, or who contracts an occupational

4 disease while working outside of the State of Illinois but

5 where the contract of hire is made within the State of

6 Illinois, and any person whose employment is principally

7 localized within the State of Illinois, regardless of the

8 place where the disease was contracted or place where the

9 contract of hire was made, including noncitizens ~~aliens~~,

10 and minors who, for the purpose of this Act, except

11 Section 3 hereof, shall be considered the same and have

12 the same power to contract, receive payments and give

13 quittances therefor, as adult employees. An employee or

14 his or her dependents under this Act who shall have a cause

15 of action by reason of an occupational disease,

16 disablement or death arising out of and in the course of

17 his or her employment may elect or pursue his or her remedy

18 in the State where the disease was contracted, or in the

19 State where the contract of hire is made, or in the State

20 where the employment is principally localized.

21 (c) "Commission" means the Illinois Workers' Compensation

22 Commission created by the Workers' Compensation Act, approved

23 July 9, 1951, as amended.

24 (d) In this Act the term "Occupational Disease" means a

25 disease arising out of and in the course of the employment or

26 which has become aggravated and rendered disabling as a result

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1 of the exposure of the employment. Such aggravation shall

2 arise out of a risk peculiar to or increased by the employment

3 and not common to the general public.

4 A disease shall be deemed to arise out of the employment if

5 there is apparent to the rational mind, upon consideration of

6 all the circumstances, a causal connection between the

7 conditions under which the work is performed and the

8 occupational disease. The disease need not to have been

9 foreseen or expected but after its contraction it must appear

10 to have had its origin or aggravation in a risk connected with

11 the employment and to have flowed from that source as a

12 rational consequence.

13 An employee shall be conclusively deemed to have been

14 exposed to the hazards of an occupational disease when, for

15 any length of time however short, he or she is employed in an

16 occupation or process in which the hazard of the disease

17 exists; provided however, that in a claim of exposure to

18 atomic radiation, the fact of such exposure must be verified

19 by the records of the central registry of radiation exposure

20 maintained by the Department of Public Health or by some other

21 recognized governmental agency maintaining records of such

22 exposures whenever and to the extent that the records are on

23 file with the Department of Public Health or the agency.

24 Any injury to or disease or death of an employee arising

25 from the administration of a vaccine, including without

26 limitation smallpox vaccine, to prepare for, or as a response

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1 to, a threatened or potential bioterrorist incident to the

2 employee as part of a voluntary inoculation program in

3 connection with the person's employment or in connection with

4 any governmental program or recommendation for the inoculation

5 of workers in the employee's occupation, geographical area, or

6 other category that includes the employee is deemed to arise

7 out of and in the course of the employment for all purposes

8 under this Act. This paragraph added by Public Act 93-829 is

9 declarative of existing law and is not a new enactment.

10 The employer liable for the compensation in this Act

11 provided shall be the employer in whose employment the

12 employee was last exposed to the hazard of the occupational

13 disease claimed upon regardless of the length of time of such

14 last exposure, except, in cases of silicosis or asbestosis,

15 the only employer liable shall be the last employer in whose

16 employment the employee was last exposed during a period of 60

17 days or more after the effective date of this Act, to the

18 hazard of such occupational disease, and, in such cases, an

19 exposure during a period of less than 60 days, after the

20 effective date of this Act, shall not be deemed a last

21 exposure. If a miner who is suffering or suffered from

22 pneumoconiosis was employed for 10 years or more in one or more

23 coal mines there shall, effective July 1, 1973 be a rebuttable

24 presumption that his or her pneumoconiosis arose out of such

25 employment.

26 If a deceased miner was employed for 10 years or more in

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1 one or more coal mines and died from a respirable disease there

2 shall, effective July 1, 1973, be a rebuttable presumption

3 that his or her death was due to pneumoconiosis.

4 Any condition or impairment of health of an employee

5 employed as a firefighter, emergency medical technician (EMT),

6 emergency medical technician-intermediate (EMT-I), advanced

7 emergency medical technician (A-EMT), or paramedic which

8 results directly or indirectly from any bloodborne pathogen,

9 lung or respiratory disease or condition, heart or vascular

10 disease or condition, hypertension, tuberculosis, or cancer

11 resulting in any disability (temporary, permanent, total, or

12 partial) to the employee shall be rebuttably presumed to arise

13 out of and in the course of the employee's firefighting, EMT,

14 EMT-I, A-EMT, or paramedic employment and, further, shall be

15 rebuttably presumed to be causally connected to the hazards or

16 exposures of the employment. This presumption shall also apply

17 to any hernia or hearing loss suffered by an employee employed

18 as a firefighter, EMT, EMT-I, A-EMT, or paramedic. However,

19 this presumption shall not apply to any employee who has been

20 employed as a firefighter, EMT, EMT-I, A-EMT, or paramedic for

21 less than 5 years at the time he or she files an Application

22 for Adjustment of Claim concerning this condition or

23 impairment with the Illinois Workers' Compensation Commission.

24 The rebuttable presumption established under this subsection,

25 however, does not apply to an emergency medical technician

26 (EMT), emergency medical technician-intermediate (EMT-I),

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1 advanced emergency medical technician (A-EMT), or paramedic

2 employed by a private employer if the employee spends the

3 preponderance of his or her work time for that employer

4 engaged in medical transfers between medical care facilities

5 or non-emergency medical transfers to or from medical care

6 facilities. The changes made to this subsection by this

7 amendatory Act of the 98th General Assembly shall be narrowly

8 construed. The Finding and Decision of the Illinois Workers'

9 Compensation Commission under only the rebuttable presumption

10 provision of this paragraph shall not be admissible or be

11 deemed res judicata in any disability claim under the Illinois

12 Pension Code arising out of the same medical condition;

13 however, this sentence makes no change to the law set forth in

14 Krohe v. City of Bloomington, 204 Ill.2d 392.

15 The insurance carrier liable shall be the carrier whose

16 policy was in effect covering the employer liable on the last

17 day of the exposure rendering such employer liable in

18 accordance with the provisions of this Act.

19 (e) "Disablement" means an impairment or partial

20 impairment, temporary or permanent, in the function of the

21 body or any of the members of the body, or the event of

22 becoming disabled from earning full wages at the work in which

23 the employee was engaged when last exposed to the hazards of

24 the occupational disease by the employer from whom he or she

25 claims compensation, or equal wages in other suitable

26 employment; and "disability" means the state of being so

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1 incapacitated.

2 (f) No compensation shall be payable for or on account of

3 any occupational disease unless disablement, as herein

4 defined, occurs within two years after the last day of the last

5 exposure to the hazards of the disease, except in cases of

6 occupational disease caused by berylliosis or by the

7 inhalation of silica dust or asbestos dust and, in such cases,

8 within 3 years after the last day of the last exposure to the

9 hazards of such disease and except in the case of occupational

10 disease caused by exposure to radiological materials or

11 equipment, and in such case, within 25 years after the last day

12 of last exposure to the hazards of such disease.

13 (g)(1) In any proceeding before the Commission in which

14 the employee is a COVID-19 first responder or front-line

15 worker as defined in this subsection, if the employee's injury

16 or occupational disease resulted from exposure to and

17 contraction of COVID-19, the exposure and contraction shall be

18 rebuttably presumed to have arisen out of and in the course of

19 the employee's first responder or front-line worker employment

20 and the injury or occupational disease shall be rebuttably

21 presumed to be causally connected to the hazards or exposures

22 of the employee's first responder or front-line worker

23 employment.

24 (2) The term "COVID-19 first responder or front-line

25 worker" means: all individuals employed as police, fire

26 personnel, emergency medical technicians, or paramedics; all

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1 individuals employed and considered as first responders; all

2 workers for health care providers, including nursing homes and

3 rehabilitation facilities and home care workers; corrections

4 officers; and any individuals employed by essential businesses

5 and operations as defined in Executive Order 2020-10 dated

6 March 20, 2020, as long as individuals employed by essential

7 businesses and operations are required by their employment to

8 encounter members of the general public or to work in

9 employment locations of more than 15 employees. For purposes

10 of this subsection only, an employee's home or place of

11 residence is not a place of employment, except for home care

12 workers.

13 (3) The presumption created in this subsection may be

14 rebutted by evidence, including, but not limited to, the

15 following:

16 (A) the employee was working from his or her home, on

17 leave from his or her employment, or some combination

18 thereof, for a period of 14 or more consecutive days

19 immediately prior to the employee's injury, occupational

20 disease, or period of incapacity resulted from exposure to

21 COVID-19; or

22 (B) the employer was engaging in and applying to the

23 fullest extent possible or enforcing to the best of its

24 ability industry-specific workplace sanitation, social

25 distancing, and health and safety practices based on

26 updated guidance issued by the Centers for Disease Control

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1 and Prevention or Illinois Department of Public Health or

2 was using a combination of administrative controls,

3 engineering controls, or personal protective equipment to

4 reduce the transmission of COVID-19 to all employees for

5 at least 14 consecutive days prior to the employee's

6 injury, occupational disease, or period of incapacity

7 resulting from exposure to COVID-19. For purposes of this

8 subsection, "updated" means the guidance in effect at

9 least 14 days prior to the COVID-19 diagnosis. For

10 purposes of this subsection, "personal protective

11 equipment" means industry-specific equipment worn to

12 minimize exposure to hazards that cause illnesses or

13 serious injuries, which may result from contact with

14 biological, chemical, radiological, physical, electrical,

15 mechanical, or other workplace hazards. "Personal

16 protective equipment" includes, but is not limited to,

17 items such as face coverings, gloves, safety glasses,

18 safety face shields, barriers, shoes, earplugs or muffs,

19 hard hats, respirators, coveralls, vests, and full body

20 suits; or

21 (C) the employee was exposed to COVID-19 by an

22 alternate source.

23 (4) The rebuttable presumption created in this subsection

24 applies to all cases tried after June 5, 2020 (the effective

25 date of Public Act 101-633) and in which the diagnosis of

26 COVID-19 was made on or after March 9, 2020 and on or before

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1 June 30, 2021 (including the period between December 31, 2020

2 and the effective date of this amendatory Act of the 101st

3 General Assembly).

4 (5) Under no circumstances shall any COVID-19 case

5 increase or affect any employer's workers' compensation

6 insurance experience rating or modification, but COVID-19

7 costs may be included in determining overall State loss costs.

8 (6) In order for the presumption created in this

9 subsection to apply at trial, for COVID-19 diagnoses occurring

10 on or before June 15, 2020, an employee must provide a

11 confirmed medical diagnosis by a licensed medical practitioner

12 or a positive laboratory test for COVID-19 or for COVID-19

13 antibodies; for COVID-19 diagnoses occurring after June 15,

14 2020, an employee must provide a positive laboratory test for

15 COVID-19 or for COVID-19 antibodies.

16 (7) The presumption created in this subsection does not

17 apply if the employee's place of employment was solely the

18 employee's home or residence for a period of 14 or more

19 consecutive days immediately prior to the employee's injury,

20 occupational disease, or period of incapacity resulted from

21 exposure to COVID-19.

22 (8) The date of injury or the beginning of the employee's

23 occupational disease or period of disability is either the

24 date that the employee was unable to work due to contraction of

25 COVID-19 or was unable to work due to symptoms that were later

26 diagnosed as COVID-19, whichever came first.

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1 (9) An employee who contracts COVID-19, but fails to

2 establish the rebuttable presumption is not precluded from

3 filing for compensation under this Act or under the Workers'

4 Compensation Act.

5 (10) To qualify for temporary total disability benefits

6 under the presumption created in this subsection, the employee

7 must be certified for or recertified for temporary disability.

8 (11) An employer is entitled to a credit against any

9 liability for temporary total disability due to an employee as

10 a result of the employee contracting COVID-19 for (A) any sick

11 leave benefits or extended salary benefits paid to the

12 employee by the employer under Emergency Family Medical Leave

13 Expansion Act, Emergency Paid Sick Leave Act of the Families

14 First Coronavirus Response Act, or any other federal law, or

15 (B) any other credit to which an employer is entitled under the

16 Workers' Compensation Act.

17 (Source: P.A. 101-633, eff. 6-5-20; 101-653, eff. 2-28-21.)

18 Section 155. The Unemployment Insurance Act is amended by

19 changing Sections 211.4 and 614 as follows:

20 (820 ILCS 405/211.4) (from Ch. 48, par. 321.4)

21 Sec. 211.4. A. Notwithstanding any other provision of this

22 Act, the term "employment" shall include service performed

23 after December 31, 1977, by an individual in agricultural

24 labor as defined in Section 214 when:

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1 1. Such service is performed for an employing unit

2 which (a) paid cash wages of $20,000 or more during any

3 calendar quarter in either the current or preceding

4 calendar year to an individual or individuals employed in

5 agricultural labor (not taking into account service in

6 agricultural labor performed before January 1, 1980, by a

7 noncitizen ~~an alien~~referred to in paragraph 2); or (b)

8 employed in agricultural labor (not taking into account

9 service in agricultural labor performed before January 1,

10 1980, by a noncitizen ~~an alien~~ referred to in paragraph 2)

11 10 or more individuals within each of 20 or more calendar

12 weeks (but not necessarily simultaneously and irrespective

13 of whether the same individuals are or were employed in

14 each such week), whether or not such weeks are or were

15 consecutive, within either the current or preceding

16 calendar year.

17 2. Such service is not performed in agricultural labor

18 if performed before January 1, 1980 or on or after the

19 effective date of this amendatory Act of the 96th General

20 Assembly, by an individual who is a noncitizen ~~an alien~~

21 admitted to the United States to perform service in

22 agricultural labor pursuant to Sections 214(c) and

23 101(a)(15)(H) of the Immigration and Nationality Act.

24 B. For the purposes of this Section, any individual who is

25 a member of a crew furnished by a crew leader to perform

26 service in agricultural labor for any other employing unit

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1 shall be treated as performing service in the employ of such

2 crew leader if (1) the leader holds a valid certificate of

3 registration under the Farm Labor Contractor Registration Act

4 of 1963, or substantially all the members of such crew operate

5 or maintain tractors, mechanized harvesting or crop dusting

6 equipment, or any other mechanized equipment, which is

7 provided by the crew leader; and (2) the service of such

8 individual is not in employment for such other employing unit

9 within the meaning of subsections A and C of Section 212, and

10 of Section 213.

11 C. For the purposes of this Section, any individual who is

12 furnished by a crew leader to perform service in agricultural

13 labor for any other employing unit, and who is not treated as

14 performing service in the employ of such crew leader under

15 subsection B, shall be treated as performing service in the

16 employ of such other employing unit, and such employing unit

17 shall be treated as having paid cash wages to such individual

18 in an amount equal to the amount of cash wages paid to the

19 individual by the crew leader (either on his own behalf or on

20 behalf of such other employing unit) for the service in

21 agricultural labor performed for such other employing unit.

22 D. For the purposes of this Section, the term "crew

23 leader" means an individual who (1) furnishes individuals to

24 perform service in agricultural labor for any other employing

25 unit; (2) pays (either on his own behalf or on behalf of such

26 other employing unit) the individuals so furnished by him for

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1 the service in agricultural labor performed by them; and (3)

2 has not entered into a written agreement with such other

3 employing unit under which an individual so furnished by him

4 is designated as performing services in the employ of such

5 other employing unit.

6 (Source: P.A. 96-1208, eff. 1-1-11.)

7 (820 ILCS 405/614) (from Ch. 48, par. 444)

8 Sec. 614. Noncitizens ~~Non-resident aliens~~ - ineligibility.

9 A noncitizen ~~An alien~~shall be ineligible for benefits for any

10 week which begins after December 31, 1977, on the basis of

11 wages for services performed by such noncitizen ~~alien~~, unless

12 the noncitizen ~~alien~~was an individual who was lawfully

13 admitted for permanent residence at the time such services

14 were performed or otherwise was permanently residing in the

15 United States under color of law at the time such services were

16 performed (including a noncitizen ~~an alien~~who was lawfully

17 present in the United States as a result of the application of

18 the provisions of Section 212(d) (5) of the Immigration and

19 Nationality Act); provided, that any modifications of the

20 provisions of Section 3304(a) (14) of the Federal Unemployment

21 Tax Act which

22 A. Specify other conditions or another effective date

23 than stated herein for ineligibility for benefits based on

24 wages for services performed by noncitizens ~~aliens~~, and

25 B. Are required to be implemented under this Act as a

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1 condition for the Federal approval of this Act requisite

2 to the full tax credit against the tax imposed by the

3 Federal Act for contributions paid by employers pursuant

4 to this Act, shall be applicable under the provisions of

5 this Section.

6 Any data or information required of individuals who claim

7 benefits for the purpose of determining whether benefits are

8 not payable to them pursuant to this Section shall be

9 uniformly required of all individuals who claim benefits.

10 If an individual would otherwise be eligible for benefits,

11 no determination shall be made that such individual is

12 ineligible for benefits pursuant to this Section because of

13 the individual's noncitizen ~~alien~~ status, except upon a

14 preponderance of the evidence.

15 (Source: P.A. 86-3; 87-122.)

16 Section 995. No acceleration or delay. Where this Act

17 makes changes in a statute that is represented in this Act by

18 text that is not yet or no longer in effect (for example, a

19 Section represented by multiple versions), the use of that

20 text does not accelerate or delay the taking effect of (i) the

21 changes made by this Act or (ii) provisions derived from any

22 other Public Act.

23 Section 999. Effective date. This Act takes effect upon

24 becoming law.".