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| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB5004 Introduced , by Rep. Aaron M. Ortiz SYNOPSIS AS INTRODUCED:
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Amends various Acts to make changes concerning references to noncitizen individuals. Effective immediately.
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| | A BILL FOR |
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1 | | AN ACT concerning State government.
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2 | | Be it enacted by the People of the State of Illinois,
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3 | | represented in the General Assembly:
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4 | | Section 5. The Illinois Notary Public Act is amended by |
5 | | changing Section 2-102 as follows:
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6 | | (5 ILCS 312/2-102) (from Ch. 102, par. 202-102)
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7 | | (Text of Section before amendment by P.A. 102-160 )
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8 | | Sec. 2-102. Application. Every applicant for appointment |
9 | | and commission as a notary shall complete
an application in a |
10 | | format prescribed by the Secretary of State to be filed with
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11 | | the Secretary of State, stating:
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12 | | (a) the applicant's official name, as it appears on |
13 | | his or her current driver's license or state-issued |
14 | | identification card;
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15 | | (b) the county in which the applicant resides
or, if |
16 | | the applicant is a resident of a state bordering Illinois, |
17 | | the county
in Illinois in which that person's principal |
18 | | place of work or principal place
of business is located;
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19 | | (c) the applicant's residence address, as it appears |
20 | | on his or her current driver's license or state-issued |
21 | | identification card;
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22 | | (c-5) the applicant's business address if different |
23 | | than the applicant's residence address, if performing |
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1 | | notarial acts constitutes any portion of the applicant's |
2 | | job duties; |
3 | | (d) that the applicant has resided in the State of |
4 | | Illinois for 30 days
preceding the application
or that the |
5 | | applicant who is a resident of a state bordering Illinois |
6 | | has
worked or maintained a business in Illinois for 30 |
7 | | days preceding the
application;
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8 | | (e) that the applicant is a citizen of the United |
9 | | States or a noncitizen an alien
lawfully admitted for |
10 | | permanent residence in the United States;
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11 | | (f) the applicant's date of birth;
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12 | | (g) that the applicant is able to read and write the |
13 | | English language;
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14 | | (h) that the applicant has never been the holder of a |
15 | | notary public appointment that was revoked or suspended
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16 | | during the past 10 years;
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17 | | (i) that the applicant has not been convicted of a |
18 | | felony;
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19 | | (i-5) that the applicant's signature authorizes the |
20 | | Office of the Secretary of State to conduct a verification |
21 | | to confirm the information provided in the application, |
22 | | including a criminal background check of the applicant, if |
23 | | necessary; and |
24 | | (j) any other information the Secretary of State deems |
25 | | necessary.
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26 | | (Source: P.A. 99-112, eff. 1-1-16; 100-809, eff. 1-1-19 .)
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1 | | (Text of Section after amendment by P.A. 102-160 ) |
2 | | Sec. 2-102. Application. |
3 | | (a) Application for notary public commission. Every |
4 | | applicant for appointment and commission as a notary shall |
5 | | complete
an application in a format prescribed by the |
6 | | Secretary of State to be filed with
the Secretary of State, |
7 | | stating:
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8 | | (1) the applicant's official name, as it appears on |
9 | | his or her current driver's license or state-issued |
10 | | identification card;
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11 | | (2) the county in which the applicant resides
or, if |
12 | | the applicant is a resident of a state bordering Illinois, |
13 | | the county
in Illinois in which that person's principal |
14 | | place of work or principal place
of business is located;
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15 | | (3) the applicant's residence address, as it appears |
16 | | on his or her current driver's license or state-issued |
17 | | identification card;
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18 | | (4) the applicant's e-mail address; |
19 | | (5) the applicant's business address if different than |
20 | | the applicant's residence address, if performing notarial |
21 | | acts constitutes any portion of the applicant's job |
22 | | duties; |
23 | | (6) that the applicant has resided in the State of |
24 | | Illinois for 30 days
preceding the application
or that the |
25 | | applicant who is a resident of a state bordering Illinois |
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1 | | has
worked or maintained a business in Illinois for 30 |
2 | | days preceding the
application;
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3 | | (7) that the applicant is a citizen of the United |
4 | | States or
lawfully admitted for permanent residence in the |
5 | | United States;
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6 | | (8) the applicant's date of birth;
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7 | | (9) that the applicant is proficient in the the |
8 | | English language;
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9 | | (10) that the applicant has not had a prior |
10 | | application or commission revoked due to a finding or |
11 | | decision by the Secretary of State;
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12 | | (11) that the applicant has not been convicted of a |
13 | | felony;
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14 | | (12) that the applicant's signature authorizes the |
15 | | Office of the Secretary of State to conduct a verification |
16 | | to confirm the information provided in the application, |
17 | | including a criminal background check of the applicant, if |
18 | | necessary; |
19 | | (13) that the applicant has provided satisfactory |
20 | | proof to the Secretary of State that the applicant has |
21 | | successfully completed any required course of study on |
22 | | notarization; and |
23 | | (14) any other information the Secretary of State |
24 | | deems necessary.
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25 | | (b) Any notary appointed under subsection (a) shall have |
26 | | the authority to conduct remote notarizations. |
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1 | | (c) Application for electronic notary public commission. |
2 | | An application for an electronic notary public commission must |
3 | | be filed with the Secretary of State in a manner prescribed by |
4 | | the Secretary of State. Every applicant for appointment and |
5 | | commission as an electronic notary public shall complete an |
6 | | application to be filed with the Secretary of State, stating: |
7 | | (1) all information required to be included in an |
8 | | application for appointment as an electronic notary |
9 | | public, as provided under subsection (a); |
10 | | (2) that the applicant is commissioned as a notary |
11 | | public under this Act; |
12 | | (3) the applicant's email address; |
13 | | (4) that the applicant has provided satisfactory proof |
14 | | to the Secretary of State that the applicant has |
15 | | successfully completed any required course of study on |
16 | | electronic notarization and passed a qualifying |
17 | | examination; |
18 | | (5) a description of the technology or device that the |
19 | | applicant intends to use to create his or her electronic |
20 | | signature in performing electronic notarial acts; |
21 | | (6) the electronic signature of the applicant; and |
22 | | (7) any other information the Secretary of State deems |
23 | | necessary. |
24 | | (d) Electronic notarial acts. Before an electronic notary |
25 | | public performs an electronic notarial act using audio-video |
26 | | communication, he or she must be granted an electronic notary |
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1 | | public commission by the Secretary of State under this |
2 | | Section, and identify the technology that the electronic |
3 | | notary public intends to use, which must be approved by the |
4 | | Secretary of State. |
5 | | (e) Approval of commission. Upon the applicant's |
6 | | fulfillment of the requirements for a notarial commission or |
7 | | an electronic notary public commission, the Secretary of State |
8 | | shall approve the commission and issue to the applicant a |
9 | | unique commission number. |
10 | | (f) Rejection of application. The Secretary of State may |
11 | | reject an application for a notarial commission or an |
12 | | electronic notary public commission if the applicant fails to |
13 | | comply with any Section of this Act. |
14 | | (Source: P.A. 102-160 (See Section 99 of P.A. 102-160 for |
15 | | effective date of P.A. 102-160).)
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16 | | Section 10. The Illinois TRUST Act is amended by changing |
17 | | Section 10 as follows:
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18 | | (5 ILCS 805/10)
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19 | | Sec. 10. Definitions. In this Act: |
20 | | "Citizenship or immigration status" means all matters |
21 | | regarding citizenship of the United States or any other |
22 | | country or the authority to reside in or otherwise be present |
23 | | in the United States. |
24 | | "Civil immigration warrant" means any document that is not |
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1 | | approved or ordered by a judge that can form the basis for an |
2 | | individual's arrest or detention for a civil immigration |
3 | | enforcement purpose. "Civil immigration warrant" includes Form |
4 | | I-200 "Warrant for the Arrest of Alien" , Form I-203 "Order to |
5 | | Detain or Release Alien" , Form I-205 "Warrant of |
6 | | Removal/Deportation", Form I-286 "Notice of Custody |
7 | | Determination", any predecessor or successor form, and all |
8 | | warrants, hits, or requests contained in the "Immigration |
9 | | Violator File" of the FBI's National Crime Information Center |
10 | | (NCIC) database. "Civil immigration warrant" does not include |
11 | | any criminal warrant. |
12 | | "Contact information" means home address, work address, |
13 | | telephone number, electronic mail address, social media |
14 | | information, or any other personal identifying information |
15 | | that could be used as a means to contact an individual. |
16 | | "Immigration agent" means an agent of federal Immigration |
17 | | and Customs Enforcement, federal Customs and Border |
18 | | Protection, or any similar or successor agency. |
19 | | "Immigration detainer" means a request to a State or local |
20 | | law enforcement agency to provide notice of release or |
21 | | maintain custody of an individual based on an alleged |
22 | | violation of a civil immigration law, including detainers |
23 | | issued under Sections 1226 or 1357 of Title 8 of the United |
24 | | States Code or 287.7 or 236.1 of Title 8 of the Code of Federal |
25 | | Regulations. "Immigration detainer" includes Form I-247A |
26 | | "Immigration Detainer – Notice of Action" and any predecessor |
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1 | | or successor form. |
2 | | "Law enforcement agency" means an agency of the State or |
3 | | of a unit of local government charged with enforcement of |
4 | | State, county, or municipal laws or with managing custody of |
5 | | detained persons in the State. |
6 | | "Law enforcement official" means any individual with the |
7 | | power to arrest or detain individuals, including law |
8 | | enforcement officers, corrections officer, and others employed |
9 | | or designated by a law enforcement agency. "Law enforcement |
10 | | official" includes any probation officer.
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11 | | (Source: P.A. 102-234, eff. 8-2-21.)
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12 | | Section 15. The Department of Commerce and Economic |
13 | | Opportunity Law of the
Civil Administrative Code of Illinois |
14 | | is amended by changing Section 605-800 as follows:
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15 | | (20 ILCS 605/605-800) (was 20 ILCS 605/46.19a in part)
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16 | | Sec. 605-800. Training grants for skills in critical |
17 | | demand.
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18 | | (a) Grants to provide training in fields affected by |
19 | | critical
demands for certain skills may be made as provided in |
20 | | this Section.
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21 | | (b) The Director may make grants to eligible employers or |
22 | | to other eligible
entities on behalf of employers as |
23 | | authorized in subsection (c) to provide
training for employees |
24 | | in fields for which there are critical demands for
certain |
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1 | | skills. No participating employee may be an unauthorized |
2 | | noncitizen (a person that is not lawfully admitted for |
3 | | permanent residence) alien, as defined in 8 U.S.C. 1324a .
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4 | | (c) The Director may accept applications for training |
5 | | grant funds and grant
requests from: (i) entities sponsoring |
6 | | multi-company eligible employee
training projects as defined |
7 | | in subsection (d), including business
associations, strategic |
8 | | business partnerships, institutions of secondary or
higher |
9 | | education, large manufacturers for supplier network companies, |
10 | | federal
Job Training Partnership Act administrative entities |
11 | | or grant recipients, and
labor organizations when those |
12 | | projects will address common training needs
identified by |
13 | | participating companies; and (ii) individual employers that |
14 | | are
undertaking eligible employee training projects as defined |
15 | | in subsection
(d), including intermediaries and training |
16 | | agents.
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17 | | (d) The Director may make grants to eligible applicants as
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18 | | defined in subsection (c) for employee training projects that
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19 | | include, but need not be limited to, one or more of the |
20 | | following:
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21 | | (1) Training programs in response to new or changing
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22 | | technology being introduced in the workplace.
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23 | | (2) Job-linked training that offers special skills for |
24 | | career
advancement or that is preparatory for, and leads |
25 | | directly to, jobs with
definite career potential and |
26 | | long-term job security.
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1 | | (3) Training necessary to implement total quality |
2 | | management
or improvement or both management and |
3 | | improvement systems within the
workplace.
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4 | | (4) Training related to new machinery or equipment.
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5 | | (5) Training of employees of companies that are |
6 | | expanding into
new markets or expanding exports from |
7 | | Illinois.
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8 | | (6) Basic, remedial, or both basic and remedial |
9 | | training of employees
as a prerequisite for other |
10 | | vocational or technical skills training or as a
condition |
11 | | for sustained employment.
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12 | | (7) Self-employment training of the unemployed and |
13 | | underemployed with
comprehensive, competency-based |
14 | | instructional programs and services,
entrepreneurial |
15 | | education and training initiatives for youth and adult
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16 | | learners in cooperation with the Illinois Institute for |
17 | | Entrepreneurial
Education, training and education, |
18 | | conferences, workshops, and best practice
information for |
19 | | local program operators of entrepreneurial education and
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20 | | self-employment training programs.
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21 | | (8) Other training activities or projects, or both |
22 | | training activities and
projects, related to the support, |
23 | | development, or evaluation of job training
programs, |
24 | | activities, and delivery systems, including training needs |
25 | | assessment
and design.
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26 | | (e) Grants shall be made on the terms and conditions that |
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1 | | the Department
shall determine. No grant made under subsection |
2 | | (d), however, shall exceed 50%
of the direct costs of all |
3 | | approved training programs provided by the employer
or the |
4 | | employer's training agent or other entity as defined in |
5 | | subsection
(c). Under this Section, allowable costs include, |
6 | | but are not limited to:
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7 | | (1) Administrative costs of tracking, documenting, |
8 | | reporting, and
processing training funds or project costs.
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9 | | (2) Curriculum development.
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10 | | (3) Wages and fringe benefits of employees.
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11 | | (4) Training materials, including scrap product costs.
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12 | | (5) Trainee travel expenses.
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13 | | (6) Instructor costs, including wages, fringe |
14 | | benefits,
tuition, and travel expenses.
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15 | | (7) Rent, purchase, or lease of training equipment.
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16 | | (8) Other usual and customary training costs.
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17 | | (f) The Department may conduct on-site grant
monitoring |
18 | | visits to verify trainee employment dates and wages and to |
19 | | ensure that the grantee's financial management system is
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20 | | structured to provide for accurate, current, and complete |
21 | | disclosure of the
financial results of the grant program in |
22 | | accordance with all provisions,
terms, and conditions |
23 | | contained in the grant contract. Each applicant must, on |
24 | | request by the Department, provide to the Department a |
25 | | notarized certification signed and dated by a duly authorized |
26 | | representative of the applicant, or that representative's |
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1 | | authorized designee, certifying that all participating |
2 | | employees are employed at an Illinois facility and, for each |
3 | | participating employee, stating the employee's name and |
4 | | providing either (i) the employee's social security number or |
5 | | (ii) a statement that the applicant has adequate written |
6 | | verification that the employee is employed at an Illinois |
7 | | facility. The Department may audit the accuracy of |
8 | | submissions. Applicants sponsoring multi-company training |
9 | | grant programs shall obtain information meeting the |
10 | | requirement of this subsection from each participating company |
11 | | and provide it to the Department upon request.
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12 | | (g) The Director may establish and collect a schedule of
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13 | | charges from subgrantee entities and other system users under |
14 | | federal
job-training programs for participating in and |
15 | | utilizing the Department's
automated job-training program |
16 | | information systems if the systems and the
necessary |
17 | | participation and utilization are requirements of the federal
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18 | | job-training programs. All monies collected pursuant to this |
19 | | subsection
shall be deposited into the Federal Workforce |
20 | | Training Fund and may be used, subject to appropriation by the |
21 | | General Assembly, only for the purpose of financing the |
22 | | maintenance and operation of the automated federal |
23 | | job-training information systems.
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24 | | (Source: P.A. 99-933, eff. 1-27-17.)
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25 | | Section 20. The Illinois Guaranteed Job Opportunity Act is |
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1 | | amended by changing Section 25 as follows:
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2 | | (20 ILCS 1510/25)
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3 | | Sec. 25. Program eligibility.
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4 | | (a) General Rule. An individual is eligible to participate |
5 | | in the job
projects assisted under this Act if the individual:
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6 | | (1) is at least 16 years of age;
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7 | | (2) has resided in the eligible area for at least 30 |
8 | | days;
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9 | | (3) has been unemployed for 35 days prior to the |
10 | | determination of
employment for job projects assisted |
11 | | under this Act;
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12 | | (4) is a citizen of the United States, is a national of |
13 | | the United
States, is a lawfully admitted permanent |
14 | | resident noncitizen alien , is a lawfully
admitted refugee |
15 | | or parolee, or is otherwise authorized by the United |
16 | | States
Attorney General to work in the United States; and
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17 | | (5) is a recipient of assistance
under Article IV of |
18 | | the Illinois Public Aid Code.
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19 | | (b) Limitations.
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20 | | (1) (Blank).
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21 | | (2) (Blank).
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22 | | (3) No individual participating in the job opportunity |
23 | | project
assisted under this Act may work in any |
24 | | compensated job other than the
job assisted under this Act |
25 | | for more than 20 hours per week.
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1 | | (4) Individuals participating
under this Act shall |
2 | | seek employment during the period of employment
assisted |
3 | | under this Act.
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4 | | (5) Any individual eligible for retirement benefits |
5 | | under the Social
Security Act, under any retirement system |
6 | | for Federal Government employees,
under the railroad |
7 | | retirement system, under the military retirement system,
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8 | | under a State or local government pension plan or |
9 | | retirement system,
or any private pension program is not |
10 | | eligible to receive a job under a job
project assisted |
11 | | under this Act.
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12 | | (Source: P.A. 93-46, eff. 7-1-03.)
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13 | | Section 25. The Illinois Income Tax Act is amended by |
14 | | changing Section 1501 as follows:
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15 | | (35 ILCS 5/1501) (from Ch. 120, par. 15-1501)
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16 | | Sec. 1501. Definitions.
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17 | | (a) In general. When used in this Act, where not
otherwise |
18 | | distinctly expressed or manifestly incompatible with the |
19 | | intent
thereof:
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20 | | (1) Business income. The term "business income" means |
21 | | all income that may be treated as apportionable business |
22 | | income under the Constitution of the United States. |
23 | | Business income is net of the deductions allocable |
24 | | thereto. Such term does not include compensation
or the |
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1 | | deductions allocable thereto.
For each taxable year |
2 | | beginning on or after January 1, 2003, a taxpayer may
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3 | | elect to treat all income other than compensation as |
4 | | business income. This
election shall be made in accordance |
5 | | with rules adopted by the Department and,
once made, shall |
6 | | be irrevocable.
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7 | | (1.5) Captive real estate investment trust:
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8 | | (A) The term "captive real estate investment |
9 | | trust" means a corporation, trust, or association:
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10 | | (i) that is considered a real estate |
11 | | investment trust for the taxable year under |
12 | | Section 856 of the Internal Revenue Code;
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13 | | (ii) the certificates of beneficial interest |
14 | | or shares of which are not regularly traded on an |
15 | | established securities market; and |
16 | | (iii) of which more than 50% of the voting |
17 | | power or value of the beneficial interest or |
18 | | shares, at any time during the last half of the |
19 | | taxable year, is owned or controlled, directly, |
20 | | indirectly, or constructively, by a single |
21 | | corporation. |
22 | | (B) The term "captive real estate investment |
23 | | trust" does not include: |
24 | | (i) a real estate investment trust of which |
25 | | more than 50% of the voting power or value of the |
26 | | beneficial interest or shares is owned or |
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1 | | controlled, directly, indirectly, or |
2 | | constructively, by: |
3 | | (a) a real estate investment trust, other |
4 | | than a captive real estate investment trust; |
5 | | (b) a person who is exempt from taxation |
6 | | under Section 501 of the Internal Revenue |
7 | | Code, and who is not required to treat income |
8 | | received from the real estate investment trust |
9 | | as unrelated business taxable income under |
10 | | Section 512 of the Internal Revenue Code; |
11 | | (c) a listed Australian property trust, if |
12 | | no more than 50% of the voting power or value |
13 | | of the beneficial interest or shares of that |
14 | | trust, at any time during the last half of the |
15 | | taxable year, is owned or controlled, directly |
16 | | or indirectly, by a single person; |
17 | | (d) an entity organized as a trust, |
18 | | provided a listed Australian property trust |
19 | | described in subparagraph (c) owns or |
20 | | controls, directly or indirectly, or |
21 | | constructively, 75% or more of the voting |
22 | | power or value of the beneficial interests or |
23 | | shares of such entity; or |
24 | | (e) an entity that is organized outside of |
25 | | the laws of the United States and that |
26 | | satisfies all of the following criteria: |
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1 | | (1) at least 75% of the entity's total |
2 | | asset value at the close of its taxable |
3 | | year is represented by real estate assets |
4 | | (as defined in Section 856(c)(5)(B) of the |
5 | | Internal Revenue Code, thereby including |
6 | | shares or certificates of beneficial |
7 | | interest in any real estate investment |
8 | | trust), cash and cash equivalents, and |
9 | | U.S. Government securities; |
10 | | (2) the entity is not subject to tax |
11 | | on amounts that are distributed to its |
12 | | beneficial owners or is exempt from |
13 | | entity-level taxation; |
14 | | (3) the entity distributes at least |
15 | | 85% of its taxable income (as computed in |
16 | | the jurisdiction in which it is organized) |
17 | | to the holders of its shares or |
18 | | certificates of beneficial interest on an |
19 | | annual basis; |
20 | | (4) either (i) the shares or |
21 | | beneficial interests of the entity are |
22 | | regularly traded on an established |
23 | | securities market or (ii) not more than |
24 | | 10% of the voting power or value in the |
25 | | entity is held, directly, indirectly, or |
26 | | constructively, by a single entity or |
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1 | | individual; and |
2 | | (5) the entity is organized in a |
3 | | country that has entered into a tax treaty |
4 | | with the United States; or |
5 | | (ii) during its first taxable year for which |
6 | | it elects to be treated as a real estate |
7 | | investment trust under Section 856(c)(1) of the |
8 | | Internal Revenue Code, a real estate investment |
9 | | trust the certificates of beneficial interest or |
10 | | shares of which are not regularly traded on an |
11 | | established securities market, but only if the |
12 | | certificates of beneficial interest or shares of |
13 | | the real estate investment trust are regularly |
14 | | traded on an established securities market prior |
15 | | to the earlier of the due date (including |
16 | | extensions) for filing its return under this Act |
17 | | for that first taxable year or the date it |
18 | | actually files that return. |
19 | | (C) For the purposes of this subsection (1.5), the |
20 | | constructive ownership rules prescribed under Section |
21 | | 318(a) of the Internal Revenue Code, as modified by |
22 | | Section 856(d)(5) of the Internal Revenue Code, apply |
23 | | in determining the ownership of stock, assets, or net |
24 | | profits of any person.
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25 | | (D) For the purposes of this item (1.5), for |
26 | | taxable years ending on or after August 16, 2007, the |
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1 | | voting power or value of the beneficial interest or |
2 | | shares of a real estate investment trust does not |
3 | | include any voting power or value of beneficial |
4 | | interest or shares in a real estate investment trust |
5 | | held directly or indirectly in a segregated asset |
6 | | account by a life insurance company (as described in |
7 | | Section 817 of the Internal Revenue Code) to the |
8 | | extent such voting power or value is for the benefit of |
9 | | entities or persons who are either immune from |
10 | | taxation or exempt from taxation under subtitle A of |
11 | | the Internal Revenue Code.
|
12 | | (2) Commercial domicile. The term "commercial |
13 | | domicile" means the
principal
place from which the trade |
14 | | or business of the taxpayer is directed or managed.
|
15 | | (3) Compensation. The term "compensation" means wages, |
16 | | salaries,
commissions
and any other form of remuneration |
17 | | paid to employees for personal services.
|
18 | | (4) Corporation. The term "corporation" includes |
19 | | associations, joint-stock
companies, insurance companies |
20 | | and cooperatives. Any entity, including a
limited |
21 | | liability company formed under the Illinois Limited |
22 | | Liability Company
Act, shall be treated as a corporation |
23 | | if it is so classified for federal
income tax purposes.
|
24 | | (5) Department. The term "Department" means the |
25 | | Department of Revenue of
this State.
|
26 | | (6) Director. The term "Director" means the Director |
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| | HB5004 | - 20 - | LRB102 23330 RJF 32496 b |
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1 | | of Revenue of this
State.
|
2 | | (7) Fiduciary. The term "fiduciary" means a guardian, |
3 | | trustee, executor,
administrator, receiver, or any person |
4 | | acting in any fiduciary capacity for any
person.
|
5 | | (8) Financial organization.
|
6 | | (A) The term "financial organization" means
any
|
7 | | bank, bank holding company, trust company, savings |
8 | | bank, industrial bank,
land bank, safe deposit |
9 | | company, private banker, savings and loan association,
|
10 | | building and loan association, credit union, currency |
11 | | exchange, cooperative
bank, small loan company, sales |
12 | | finance company, investment company, or any
person |
13 | | which is owned by a bank or bank holding company. For |
14 | | the purpose of
this Section a "person" will include |
15 | | only those persons which a bank holding
company may |
16 | | acquire and hold an interest in, directly or |
17 | | indirectly, under the
provisions of the Bank Holding |
18 | | Company Act of 1956 (12 U.S.C. 1841, et seq.),
except |
19 | | where interests in any person must be disposed of |
20 | | within certain
required time limits under the Bank |
21 | | Holding Company Act of 1956.
|
22 | | (B) For purposes of subparagraph (A) of this |
23 | | paragraph, the term
"bank" includes (i) any entity |
24 | | that is regulated by the Comptroller of the
Currency |
25 | | under the National Bank Act, or by the Federal Reserve |
26 | | Board, or by
the
Federal Deposit Insurance Corporation |
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1 | | and (ii) any federally or State chartered
bank
|
2 | | operating as a credit card bank.
|
3 | | (C) For purposes of subparagraph (A) of this |
4 | | paragraph, the term
"sales finance company" has the |
5 | | meaning provided in the following item (i) or
(ii):
|
6 | | (i) A person primarily engaged in one or more |
7 | | of the following
businesses: the business of |
8 | | purchasing customer receivables, the business
of |
9 | | making loans upon the security of customer |
10 | | receivables, the
business of making loans for the |
11 | | express purpose of funding purchases of
tangible |
12 | | personal property or services by the borrower, or |
13 | | the business of
finance leasing. For purposes of |
14 | | this item (i), "customer receivable"
means:
|
15 | | (a) a retail installment contract or |
16 | | retail charge agreement within
the
meaning
of |
17 | | the Sales Finance Agency Act, the Retail |
18 | | Installment Sales Act, or the
Motor Vehicle |
19 | | Retail Installment Sales Act;
|
20 | | (b) an installment, charge, credit, or |
21 | | similar contract or agreement
arising from
the |
22 | | sale of tangible personal property or services |
23 | | in a transaction involving
a deferred payment |
24 | | price payable in one or more installments |
25 | | subsequent
to the sale; or
|
26 | | (c) the outstanding balance of a contract |
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|
1 | | or agreement described in
provisions
(a) or |
2 | | (b) of this item (i).
|
3 | | A customer receivable need not provide for |
4 | | payment of interest on
deferred
payments. A sales |
5 | | finance company may purchase a customer receivable |
6 | | from, or
make a loan secured by a customer |
7 | | receivable to, the seller in the original
|
8 | | transaction or to a person who purchased the |
9 | | customer receivable directly or
indirectly from |
10 | | that seller.
|
11 | | (ii) A corporation meeting each of the |
12 | | following criteria:
|
13 | | (a) the corporation must be a member of an |
14 | | "affiliated group" within
the
meaning of |
15 | | Section 1504(a) of the Internal Revenue Code, |
16 | | determined
without regard to Section 1504(b) |
17 | | of the Internal Revenue Code;
|
18 | | (b) more than 50% of the gross income of |
19 | | the corporation for the
taxable
year
must be |
20 | | interest income derived from qualifying loans. |
21 | | A "qualifying
loan" is a loan made to a member |
22 | | of the corporation's affiliated group that
|
23 | | originates customer receivables (within the |
24 | | meaning of item (i)) or to whom
customer |
25 | | receivables originated by a member of the |
26 | | affiliated group have been
transferred, to
the |
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1 | | extent the average outstanding balance of |
2 | | loans from that corporation
to members of its |
3 | | affiliated group during the taxable year do |
4 | | not exceed
the limitation amount for that |
5 | | corporation. The "limitation amount" for a
|
6 | | corporation is the average outstanding |
7 | | balances during the taxable year of
customer |
8 | | receivables (within the meaning of item (i)) |
9 | | originated by
all members of the affiliated |
10 | | group.
If the average outstanding balances of |
11 | | the
loans made by a corporation to members of |
12 | | its affiliated group exceed the
limitation |
13 | | amount, the interest income of that |
14 | | corporation from qualifying
loans shall be |
15 | | equal to its interest income from loans to |
16 | | members of its
affiliated groups times a |
17 | | fraction equal to the limitation amount |
18 | | divided by
the average outstanding balances of |
19 | | the loans made by that corporation to
members |
20 | | of its affiliated group;
|
21 | | (c) the total of all shareholder's equity |
22 | | (including, without
limitation,
paid-in
|
23 | | capital on common and preferred stock and |
24 | | retained earnings) of the
corporation plus the |
25 | | total of all of its loans, advances, and other
|
26 | | obligations payable or owed to members of its |
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1 | | affiliated group may not
exceed 20% of the |
2 | | total assets of the corporation at any time |
3 | | during the tax
year; and
|
4 | | (d) more than 50% of all interest-bearing |
5 | | obligations of the
affiliated group payable to |
6 | | persons outside the group determined in |
7 | | accordance
with generally accepted accounting |
8 | | principles must be obligations of the
|
9 | | corporation.
|
10 | | This amendatory Act of the 91st General Assembly |
11 | | is declaratory of
existing
law.
|
12 | | (D) Subparagraphs
(B) and (C) of this paragraph |
13 | | are declaratory of
existing law and apply |
14 | | retroactively, for all tax years beginning on or |
15 | | before
December 31, 1996,
to all original returns, to |
16 | | all amended returns filed no later than 30
days after |
17 | | the effective date of this amendatory Act of 1996, and |
18 | | to all
notices issued on or before the effective date |
19 | | of this amendatory Act of 1996
under subsection (a) of |
20 | | Section 903, subsection (a) of Section 904,
subsection |
21 | | (e) of Section 909, or Section 912.
A taxpayer that is |
22 | | a "financial organization" that engages in any |
23 | | transaction
with an affiliate shall be a "financial |
24 | | organization" for all purposes of this
Act.
|
25 | | (E) For all tax years beginning on or
before |
26 | | December 31, 1996, a taxpayer that falls within the |
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| | HB5004 | - 25 - | LRB102 23330 RJF 32496 b |
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1 | | definition
of a
"financial organization" under |
2 | | subparagraphs (B) or (C) of this paragraph, but
who |
3 | | does
not fall within the definition of a "financial |
4 | | organization" under the Proposed
Regulations issued by |
5 | | the Department of Revenue on July 19, 1996, may
|
6 | | irrevocably elect to apply the Proposed Regulations |
7 | | for all of those years as
though the Proposed |
8 | | Regulations had been lawfully promulgated, adopted, |
9 | | and in
effect for all of those years. For purposes of |
10 | | applying subparagraphs (B) or
(C) of
this
paragraph to |
11 | | all of those years, the election allowed by this |
12 | | subparagraph
applies only to the taxpayer making the |
13 | | election and to those members of the
taxpayer's |
14 | | unitary business group who are ordinarily required to |
15 | | apportion
business income under the same subsection of |
16 | | Section 304 of this Act as the
taxpayer making the |
17 | | election. No election allowed by this subparagraph |
18 | | shall
be made under a claim
filed under subsection (d) |
19 | | of Section 909 more than 30 days after the
effective |
20 | | date of this amendatory Act of 1996.
|
21 | | (F) Finance Leases. For purposes of this |
22 | | subsection, a finance lease
shall be treated as a loan |
23 | | or other extension of credit, rather than as a
lease,
|
24 | | regardless of how the transaction is characterized for |
25 | | any other purpose,
including the purposes of any |
26 | | regulatory agency to which the lessor is subject.
A |
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1 | | finance lease is any transaction in the form of a lease |
2 | | in which the lessee
is treated as the owner of the |
3 | | leased asset entitled to any deduction for
|
4 | | depreciation allowed under Section 167 of the Internal |
5 | | Revenue Code.
|
6 | | (9) Fiscal year. The term "fiscal year" means an |
7 | | accounting period of
12 months ending on the last day of |
8 | | any month other than December.
|
9 | | (9.5) Fixed place of business. The term "fixed place |
10 | | of business" has the same meaning as that term is given in |
11 | | Section 864 of the Internal Revenue Code and the related |
12 | | Treasury regulations.
|
13 | | (10) Includes and including. The terms "includes" and |
14 | | "including" when
used in a definition contained in this |
15 | | Act shall not be deemed to exclude
other things otherwise |
16 | | within the meaning of the term defined.
|
17 | | (11) Internal Revenue Code. The term "Internal Revenue |
18 | | Code" means the
United States Internal Revenue Code of |
19 | | 1954 or any successor law or laws
relating to federal |
20 | | income taxes in effect for the taxable year.
|
21 | | (11.5) Investment partnership. |
22 | | (A) The term "investment partnership" means any |
23 | | entity that is treated as a partnership for federal |
24 | | income tax purposes that meets the following |
25 | | requirements: |
26 | | (i) no less than 90% of the partnership's cost |
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1 | | of its total assets consists of qualifying |
2 | | investment securities, deposits at banks or other |
3 | | financial institutions, and office space and |
4 | | equipment reasonably necessary to carry on its |
5 | | activities as an investment partnership; |
6 | | (ii) no less than 90% of its gross income |
7 | | consists of interest, dividends, and gains from |
8 | | the sale or exchange of qualifying investment |
9 | | securities; and
|
10 | | (iii) the partnership is not a dealer in |
11 | | qualifying investment securities. |
12 | | (B) For purposes of this paragraph (11.5), the |
13 | | term "qualifying investment securities" includes all |
14 | | of the following:
|
15 | | (i) common stock, including preferred or debt |
16 | | securities convertible into common stock, and |
17 | | preferred stock; |
18 | | (ii) bonds, debentures, and other debt |
19 | | securities; |
20 | | (iii) foreign and domestic currency deposits |
21 | | secured by federal, state, or local governmental |
22 | | agencies; |
23 | | (iv) mortgage or asset-backed securities |
24 | | secured by federal, state, or local governmental |
25 | | agencies; |
26 | | (v) repurchase agreements and loan |
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1 | | participations; |
2 | | (vi) foreign currency exchange contracts and |
3 | | forward and futures contracts on foreign |
4 | | currencies; |
5 | | (vii) stock and bond index securities and |
6 | | futures contracts and other similar financial |
7 | | securities and futures contracts on those |
8 | | securities;
|
9 | | (viii) options for the purchase or sale of any |
10 | | of the securities, currencies, contracts, or |
11 | | financial instruments described in items (i) to |
12 | | (vii), inclusive;
|
13 | | (ix) regulated futures contracts;
|
14 | | (x) commodities (not described in Section |
15 | | 1221(a)(1) of the Internal Revenue Code) or |
16 | | futures, forwards, and options with respect to |
17 | | such commodities, provided, however, that any item |
18 | | of a physical commodity to which title is actually |
19 | | acquired in the partnership's capacity as a dealer |
20 | | in such commodity shall not be a qualifying |
21 | | investment security;
|
22 | | (xi) derivatives; and
|
23 | | (xii) a partnership interest in another |
24 | | partnership that is an investment partnership.
|
25 | | (12) Mathematical error. The term "mathematical error" |
26 | | includes the
following types of errors, omissions, or |
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1 | | defects in a return filed by a
taxpayer which prevents |
2 | | acceptance of the return as filed for processing:
|
3 | | (A) arithmetic errors or incorrect computations on |
4 | | the return or
supporting schedules;
|
5 | | (B) entries on the wrong lines;
|
6 | | (C) omission of required supporting forms or |
7 | | schedules or the omission
of the information in whole |
8 | | or in part called for thereon; and
|
9 | | (D) an attempt to claim, exclude, deduct, or |
10 | | improperly report, in a
manner
directly contrary to |
11 | | the provisions of the Act and regulations thereunder
|
12 | | any item of income, exemption, deduction, or credit.
|
13 | | (13) Nonbusiness income. The term "nonbusiness income" |
14 | | means all income
other than business income or |
15 | | compensation.
|
16 | | (14) Nonresident. The term "nonresident" means a |
17 | | person who is not a
resident.
|
18 | | (15) Paid, incurred and accrued. The terms "paid", |
19 | | "incurred" and
"accrued"
shall be construed according to |
20 | | the method of accounting upon the basis
of which the |
21 | | person's base income is computed under this Act.
|
22 | | (16) Partnership and partner. The term "partnership" |
23 | | includes a syndicate,
group, pool, joint venture or other |
24 | | unincorporated organization, through
or by means of which |
25 | | any business, financial operation, or venture is carried
|
26 | | on, and which is not, within the meaning of this Act, a |
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1 | | trust or estate
or a corporation; and the term "partner" |
2 | | includes a member in such syndicate,
group, pool, joint |
3 | | venture or organization.
|
4 | | The term "partnership" includes any entity, including |
5 | | a limited
liability company formed under the Illinois
|
6 | | Limited Liability Company Act, classified as a partnership |
7 | | for federal income tax purposes.
|
8 | | The term "partnership" does not include a syndicate, |
9 | | group, pool,
joint venture, or other unincorporated |
10 | | organization established for the
sole purpose of playing |
11 | | the Illinois State Lottery.
|
12 | | (17) Part-year resident. The term "part-year resident" |
13 | | means an individual
who became a resident during the |
14 | | taxable year or ceased to be a resident
during the taxable |
15 | | year. Under Section 1501(a)(20)(A)(i) residence
commences |
16 | | with presence in this State for other than a temporary or |
17 | | transitory
purpose and ceases with absence from this State |
18 | | for other than a temporary or
transitory purpose. Under |
19 | | Section 1501(a)(20)(A)(ii) residence commences
with the |
20 | | establishment of domicile in this State and ceases with |
21 | | the
establishment of domicile in another State.
|
22 | | (18) Person. The term "person" shall be construed to |
23 | | mean and include
an individual, a trust, estate, |
24 | | partnership, association, firm, company,
corporation, |
25 | | limited liability company, or fiduciary. For purposes of |
26 | | Section
1301 and 1302 of this Act, a "person" means (i) an |
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1 | | individual, (ii) a
corporation, (iii) an officer, agent, |
2 | | or employee of a
corporation, (iv) a member, agent or |
3 | | employee of a partnership, or (v)
a member,
manager, |
4 | | employee, officer, director, or agent of a limited |
5 | | liability company
who in such capacity commits an offense |
6 | | specified in Section 1301 and 1302.
|
7 | | (18A) Records. The term "records" includes all data |
8 | | maintained by the
taxpayer, whether on paper, microfilm, |
9 | | microfiche, or any type of
machine-sensible data |
10 | | compilation.
|
11 | | (19) Regulations. The term "regulations" includes |
12 | | rules promulgated and
forms prescribed by the Department.
|
13 | | (20) Resident. The term "resident" means:
|
14 | | (A) an individual (i) who is
in this State for |
15 | | other than a temporary or transitory purpose during |
16 | | the
taxable year; or (ii) who is domiciled in this |
17 | | State but is absent from
the State for a temporary or |
18 | | transitory purpose during the taxable year;
|
19 | | (B) The estate of a decedent who at his or her |
20 | | death was domiciled in
this
State;
|
21 | | (C) A trust created by a will of a decedent who at |
22 | | his death was
domiciled
in this State; and
|
23 | | (D) An irrevocable trust, the grantor of which was |
24 | | domiciled in this
State
at the time such trust became |
25 | | irrevocable. For purpose of this subparagraph,
a trust |
26 | | shall be considered irrevocable to the extent that the |
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1 | | grantor is
not treated as the owner thereof under |
2 | | Sections 671 through 678 of the Internal
Revenue Code.
|
3 | | (21) Sales. The term "sales" means all gross receipts |
4 | | of the taxpayer
not allocated under Sections 301, 302 and |
5 | | 303.
|
6 | | (22) State. The term "state" when applied to a |
7 | | jurisdiction other than
this State means any state of the |
8 | | United States, the District of Columbia,
the Commonwealth |
9 | | of Puerto Rico, any Territory or Possession of the United
|
10 | | States, and any foreign country, or any political |
11 | | subdivision of any of the
foregoing. For purposes of the |
12 | | foreign tax credit under Section 601, the
term "state" |
13 | | means any state of the United States, the District of |
14 | | Columbia,
the Commonwealth of Puerto Rico, and any |
15 | | territory or possession of the
United States, or any |
16 | | political subdivision of any of the foregoing,
effective |
17 | | for tax years ending on or after December 31, 1989.
|
18 | | (23) Taxable year. The term "taxable year" means the |
19 | | calendar year, or
the fiscal year ending during such |
20 | | calendar year, upon the basis of which
the base income is |
21 | | computed under this Act. "Taxable year" means, in the
case |
22 | | of a return made for a fractional part of a year under the |
23 | | provisions
of this Act, the period for which such return |
24 | | is made.
|
25 | | (24) Taxpayer. The term "taxpayer" means any person |
26 | | subject to the tax
imposed by this Act.
|
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1 | | (25) International banking facility. The term |
2 | | international banking
facility shall have the same meaning |
3 | | as is set forth in the Illinois Banking
Act or as is set |
4 | | forth in the laws of the United States or regulations of
|
5 | | the Board of Governors of the Federal Reserve System.
|
6 | | (26) Income Tax Return Preparer.
|
7 | | (A) The term "income tax return preparer"
means |
8 | | any person who prepares for compensation, or who |
9 | | employs one or more
persons to prepare for |
10 | | compensation, any return of tax imposed by this Act
or |
11 | | any claim for refund of tax imposed by this Act. The |
12 | | preparation of a
substantial portion of a return or |
13 | | claim for refund shall be treated as
the preparation |
14 | | of that return or claim for refund.
|
15 | | (B) A person is not an income tax return preparer |
16 | | if all he or she does
is
|
17 | | (i) furnish typing, reproducing, or other |
18 | | mechanical assistance;
|
19 | | (ii) prepare returns or claims for refunds for |
20 | | the employer by whom he
or she is regularly and |
21 | | continuously employed;
|
22 | | (iii) prepare as a fiduciary returns or claims |
23 | | for refunds for any
person; or
|
24 | | (iv) prepare claims for refunds for a taxpayer |
25 | | in response to any
notice
of deficiency issued to |
26 | | that taxpayer or in response to any waiver of
|
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1 | | restriction after the commencement of an audit of |
2 | | that taxpayer or of another
taxpayer if a |
3 | | determination in the audit of the other taxpayer |
4 | | directly or
indirectly affects the tax liability |
5 | | of the taxpayer whose claims he or she is
|
6 | | preparing.
|
7 | | (27) Unitary business group. |
8 | | (A) The term "unitary business group" means
a |
9 | | group of persons related through common ownership |
10 | | whose business activities
are integrated with, |
11 | | dependent upon and contribute to each other. The group
|
12 | | will not include those members whose business activity |
13 | | outside the United
States is 80% or more of any such |
14 | | member's total business activity; for
purposes of this |
15 | | paragraph and clause (a)(3)(B)(ii) of Section 304,
|
16 | | business
activity within the United States shall be |
17 | | measured by means of the factors
ordinarily applicable |
18 | | under subsections (a), (b), (c), (d), or (h)
of |
19 | | Section
304 except that, in the case of members |
20 | | ordinarily required to apportion
business income by |
21 | | means of the 3 factor formula of property, payroll and |
22 | | sales
specified in subsection (a) of Section 304, |
23 | | including the
formula as weighted in subsection (h) of |
24 | | Section 304, such members shall
not use the sales |
25 | | factor in the computation and the results of the |
26 | | property
and payroll factor computations of subsection |
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1 | | (a) of Section 304 shall be
divided by 2 (by one if |
2 | | either
the property or payroll factor has a |
3 | | denominator of zero). The computation
required by the |
4 | | preceding sentence shall, in each case, involve the |
5 | | division of
the member's property, payroll, or revenue |
6 | | miles in the United States,
insurance premiums on |
7 | | property or risk in the United States, or financial
|
8 | | organization business income from sources within the |
9 | | United States, as the
case may be, by the respective |
10 | | worldwide figures for such items. Common
ownership in |
11 | | the case of corporations is the direct or indirect |
12 | | control or
ownership of more than 50% of the |
13 | | outstanding voting stock of the persons
carrying on |
14 | | unitary business activity. Unitary business activity |
15 | | can
ordinarily be illustrated where the activities of |
16 | | the members are: (1) in the
same general line (such as |
17 | | manufacturing, wholesaling, retailing of tangible
|
18 | | personal property, insurance, transportation or |
19 | | finance); or (2) are steps in a
vertically structured |
20 | | enterprise or process (such as the steps involved in |
21 | | the
production of natural resources, which might |
22 | | include exploration, mining,
refining, and marketing); |
23 | | and, in either instance, the members are functionally
|
24 | | integrated through the exercise of strong centralized |
25 | | management (where, for
example, authority over such |
26 | | matters as purchasing, financing, tax compliance,
|
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1 | | product line, personnel, marketing and capital |
2 | | investment is not left to each
member).
|
3 | | (B) In no event, for taxable years ending prior to |
4 | | December 31, 2017, shall any
unitary business group |
5 | | include members
which are ordinarily required to |
6 | | apportion business income under different
subsections |
7 | | of Section 304 except that for tax years ending on or |
8 | | after
December 31, 1987 this prohibition shall not |
9 | | apply to a holding company that would otherwise be a |
10 | | member of a unitary business group with taxpayers that |
11 | | apportion business income under any of subsections |
12 | | (b), (c), (c-1), or (d) of Section 304. If a unitary |
13 | | business
group would, but for the preceding sentence, |
14 | | include members that are
ordinarily required to |
15 | | apportion business income under different subsections |
16 | | of
Section 304, then for each subsection of Section |
17 | | 304 for which there are two or
more members, there |
18 | | shall be a separate unitary business group composed of |
19 | | such
members. For purposes of the preceding two |
20 | | sentences, a member is "ordinarily
required to |
21 | | apportion business income" under a particular |
22 | | subsection of Section
304 if it would be required to |
23 | | use the apportionment method prescribed by such
|
24 | | subsection except for the fact that it derives |
25 | | business income solely from
Illinois. As used in this |
26 | | paragraph, for taxable years ending before December |
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1 | | 31, 2017, the phrase "United States" means only the 50 |
2 | | states and the District of Columbia, but does not |
3 | | include any territory or possession of the United |
4 | | States or any area over which the United States has |
5 | | asserted jurisdiction or claimed exclusive rights with |
6 | | respect to the exploration for or exploitation of |
7 | | natural resources.
For taxable years ending on or |
8 | | after December 31, 2017, the phrase "United States", |
9 | | as used in this paragraph, means only the 50 states, |
10 | | the District of Columbia, and any area over which the |
11 | | United States has asserted jurisdiction or claimed |
12 | | exclusive rights with respect to the exploration for |
13 | | or exploitation of natural resources, but does not |
14 | | include any territory or possession of the United |
15 | | States. |
16 | | (C) Holding companies. |
17 | | (i) For purposes of this subparagraph, a |
18 | | "holding company" is a corporation (other than a |
19 | | corporation that is a financial organization under |
20 | | paragraph (8) of this subsection (a) of Section |
21 | | 1501 because it is a bank holding company under |
22 | | the provisions of the Bank Holding Company Act of |
23 | | 1956 (12 U.S.C. 1841, et seq.) or because it is |
24 | | owned by a bank or a bank holding company) that |
25 | | owns a controlling interest in one or more other |
26 | | taxpayers ("controlled taxpayers"); that, during |
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1 | | the period that includes the taxable year and the |
2 | | 2 immediately preceding taxable years or, if the |
3 | | corporation was formed during the current or |
4 | | immediately preceding taxable year, the taxable |
5 | | years in which the corporation has been in |
6 | | existence, derived substantially all its gross |
7 | | income from dividends, interest, rents, royalties, |
8 | | fees or other charges received from controlled |
9 | | taxpayers for the provision of services, and gains |
10 | | on the sale or other disposition of interests in |
11 | | controlled taxpayers or in property leased or |
12 | | licensed to controlled taxpayers or used by the |
13 | | taxpayer in providing services to controlled |
14 | | taxpayers; and that incurs no substantial expenses |
15 | | other than expenses (including interest and other |
16 | | costs of borrowing) incurred in connection with |
17 | | the acquisition and holding of interests in |
18 | | controlled taxpayers and in the provision of |
19 | | services to controlled taxpayers or in the leasing |
20 | | or licensing of property to controlled taxpayers. |
21 | | (ii) The income of a holding company which is |
22 | | a member of more than one unitary business group |
23 | | shall be included in each unitary business group |
24 | | of which it is a member on a pro rata basis, by |
25 | | including in each unitary business group that |
26 | | portion of the base income of the holding company |
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1 | | that bears the same proportion to the total base |
2 | | income of the holding company as the gross |
3 | | receipts of the unitary business group bears to |
4 | | the combined gross receipts of all unitary |
5 | | business groups (in both cases without regard to |
6 | | the holding company) or on any other reasonable |
7 | | basis, consistently applied. |
8 | | (iii) A holding company shall apportion its |
9 | | business income under the subsection of Section |
10 | | 304 used by the other members of its unitary |
11 | | business group. The apportionment factors of a |
12 | | holding company which would be a member of more |
13 | | than one unitary business group shall be included |
14 | | with the apportionment factors of each unitary |
15 | | business group of which it is a member on a pro |
16 | | rata basis using the same method used in clause |
17 | | (ii). |
18 | | (iv) The provisions of this subparagraph (C) |
19 | | are intended to clarify existing law. |
20 | | (D) If including the base income and factors of a |
21 | | holding company in more than one unitary business |
22 | | group under subparagraph (C) does not fairly reflect |
23 | | the degree of integration between the holding company |
24 | | and one or more of the unitary business groups, the |
25 | | dependence of the holding company and one or more of |
26 | | the unitary business groups upon each other, or the |
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1 | | contributions between the holding company and one or |
2 | | more of the unitary business groups, the holding |
3 | | company may petition the Director, under the |
4 | | procedures provided under Section 304(f), for |
5 | | permission to include all base income and factors of |
6 | | the holding company only with members of a unitary |
7 | | business group apportioning their business income |
8 | | under one subsection of subsections (a), (b), (c), or |
9 | | (d) of Section 304. If the petition is granted, the |
10 | | holding company shall be included in a unitary |
11 | | business group only with persons apportioning their |
12 | | business income under the selected subsection of |
13 | | Section 304 until the Director grants a petition of |
14 | | the holding company either to be included in more than |
15 | | one unitary business group under subparagraph (C) or |
16 | | to include its base income and factors only with |
17 | | members of a unitary business group apportioning their |
18 | | business income under a different subsection of |
19 | | Section 304. |
20 | | (E) If the unitary business group members' |
21 | | accounting periods differ,
the common parent's |
22 | | accounting period or, if there is no common parent, |
23 | | the
accounting period of the member that is expected |
24 | | to have, on a recurring basis,
the greatest Illinois |
25 | | income tax liability must be used to determine whether |
26 | | to
use the apportionment method provided in subsection |
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1 | | (a) or subsection (h) of
Section 304. The
prohibition |
2 | | against membership in a unitary business group for |
3 | | taxpayers
ordinarily required to apportion income |
4 | | under different subsections of Section
304 does not |
5 | | apply to taxpayers required to apportion income under |
6 | | subsection
(a) and subsection (h) of Section
304. The |
7 | | provisions of this amendatory Act of 1998 apply to tax
|
8 | | years ending on or after December 31, 1998.
|
9 | | (28) Subchapter S corporation. The term "Subchapter S |
10 | | corporation"
means a corporation for which there is in |
11 | | effect an election under Section
1362 of the Internal |
12 | | Revenue Code, or for which there is a federal election
to |
13 | | opt out of the provisions of the Subchapter S Revision Act |
14 | | of 1982 and
have applied instead the prior federal |
15 | | Subchapter S rules as in effect on July
1, 1982.
|
16 | | (30) Foreign person. The term "foreign person" means |
17 | | any person who is a nonresident noncitizen alien |
18 | | individual and any nonindividual entity, regardless of |
19 | | where created or organized, whose business activity |
20 | | outside the United States is 80% or more of the entity's |
21 | | total business activity.
|
22 | | (b) Other definitions.
|
23 | | (1) Words denoting number, gender, and so forth,
when |
24 | | used in this Act, where not otherwise distinctly expressed |
25 | | or manifestly
incompatible with the intent thereof:
|
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1 | | (A) Words importing the singular include and apply |
2 | | to several persons,
parties or things;
|
3 | | (B) Words importing the plural include the |
4 | | singular; and
|
5 | | (C) Words importing the masculine gender include |
6 | | the feminine as well.
|
7 | | (2) "Company" or "association" as including successors |
8 | | and assigns. The
word "company" or "association", when |
9 | | used in reference to a corporation,
shall be deemed to |
10 | | embrace the words "successors and assigns of such company
|
11 | | or association", and in like manner as if these last-named |
12 | | words, or words
of similar import, were expressed.
|
13 | | (3) Other terms. Any term used in any Section of this |
14 | | Act with respect
to the application of, or in connection |
15 | | with, the provisions of any other
Section of this Act |
16 | | shall have the same meaning as in such other Section.
|
17 | | (Source: P.A. 99-213, eff. 7-31-15; 100-22, eff. 7-6-17.)
|
18 | | Section 30. The Counties Code is amended by changing |
19 | | Section 3-12007 as follows:
|
20 | | (55 ILCS 5/3-12007) (from Ch. 34, par. 3-12007)
|
21 | | Sec. 3-12007. Proposed rules for classified service. (a) |
22 | | The
Director of Personnel shall prepare and submit to the |
23 | | commission proposed
rules for the classified service. The |
24 | | director shall give at least 10
days' notice to the heads of |
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1 | | all departments or agencies affected and they
shall be given |
2 | | an opportunity, upon their request, to appear before the
|
3 | | commission to express their views thereon before action is |
4 | | taken by the
commission.
|
5 | | (b) The rules, as adopted pursuant to subsection (a) of |
6 | | Section
3-12005 shall provide for:
|
7 | | (1) preparation, maintenance and revision of a position
|
8 | | classification plan for all positions in the classified |
9 | | service, based
upon the similarity of duties performed and |
10 | | responsibilities assumed, so
that the same qualifications may |
11 | | reasonably be required and the same
schedule of pay may be |
12 | | applied to all positions in the same class. Each
position |
13 | | authorized by the Board shall be allocated by the director to
|
14 | | the proper class and assigned to the appropriate pay range for |
15 | | that class.
|
16 | | (2) promotion which shall give appropriate consideration |
17 | | to the
applicant's qualifications, record of performance, |
18 | | seniority, and
conduct. Vacancies shall be filled by promotion |
19 | | whenever practicable
and in the best interest of the county |
20 | | service, and preference may be
given to employees within the |
21 | | department in which the vacancy occurs.
|
22 | | (3) open competitive examinations to determine the |
23 | | relative fitness
of applicants for the respective competitive |
24 | | positions.
|
25 | | (4) competitive selection of employees for all classes in |
26 | | the
classified service.
|
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1 | | (5) establishment of lists of eligibles for appointment |
2 | | and
promotion, upon which lists shall be placed the names of |
3 | | successful
candidates in the order of their relative |
4 | | excellence in the respective
examinations. The duration of |
5 | | eligible lists for initial appointment
shall be for no more |
6 | | than one year unless extended by the director for
not more than |
7 | | one additional year; lists of eligibles for promotion
shall be |
8 | | maintained for as long as the tests on which they are based are
|
9 | | considered valid by the director.
|
10 | | (6) certification by the director to the appointing |
11 | | authorities of
not more than the top 5 names from the list of |
12 | | eligibles for a single vacancy.
|
13 | | (7) rejection of candidates who do not comply with |
14 | | reasonable job
requirements in regard to such factors as age, |
15 | | physical condition,
training and experience, or who are |
16 | | addicted to alcohol or narcotics or
have been guilty of |
17 | | infamous or disgraceful conduct or are illegal noncitizens |
18 | | aliens .
|
19 | | (8) periods of probationary employment. During the initial
|
20 | | probation period following appointment any employee may be |
21 | | discharged or
demoted without charges or hearing except that |
22 | | any applicant or
employee, regardless of status, who has |
23 | | reason to believe that he/she
has been discriminated against |
24 | | because of religious opinions or
affiliation, or race, sex, or |
25 | | national origin in any personnel action
may appeal to the |
26 | | commission in accordance with the provisions of this
Division |
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1 | | or in appropriate rules established by the commission
pursuant |
2 | | to subsection (a) of Section 3-12005.
|
3 | | (9) provisional employment without competitive |
4 | | examinations when
there is no appropriate eligible list |
5 | | available. No person hired as a
provisional employee shall |
6 | | continue on the county payroll longer than 6
months per |
7 | | calendar year nor shall successive provisional appointments
be |
8 | | allowed.
|
9 | | (10) transfer from a position in one department to a |
10 | | position in
another department involving similar |
11 | | qualifications, duties,
responsibilities and salary.
|
12 | | (11) procedures for authorized reinstatement within one |
13 | | year of
persons who resign in good standing.
|
14 | | (12) layoff by reason of lack of funds or work or abolition |
15 | | of the
position, or material changes in duties or |
16 | | organization, and for the
layoff of nontenured employees |
17 | | first, and for the reemployment of
permanent employees so laid |
18 | | off, giving consideration in
both layoff and reemployment to |
19 | | performance record and seniority in service.
|
20 | | (13) keeping records of performance of all employees in |
21 | | the
classified service.
|
22 | | (14) suspension, demotion or dismissal of an employee for
|
23 | | misconduct, inefficiency, incompetence, insubordination, |
24 | | malfeasance or
other unfitness to render effective service and |
25 | | for the investigation
and hearing of appeals of any employee |
26 | | recommended for suspension,
demotion or dismissal by a |
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1 | | department head for any of the foregoing reasons.
|
2 | | (15) establishment of a plan for resolving employee |
3 | | grievances and
complaints, including an appeals procedure.
|
4 | | (16) hours of work, holidays and attendance regulations, |
5 | | and for
annual, sick and special leaves of absence, with or |
6 | | without pay, or at
reduced pay.
|
7 | | (17) development of employee morale, safety and training |
8 | | programs.
|
9 | | (18) establishment of a period of probation, the length of |
10 | | which
shall be determined by the complexity of the work |
11 | | involved, but which
shall not exceed one year without special |
12 | | written approval from the
commission.
|
13 | | (19) such other rules, not inconsistent with this |
14 | | Division,
as may be proper and necessary for its enforcement.
|
15 | | (Source: P.A. 86-962.)
|
16 | | Section 35. The Metropolitan Water Reclamation District |
17 | | Act is amended by changing Section 11.15 as follows:
|
18 | | (70 ILCS 2605/11.15) (from Ch. 42, par. 331.15)
|
19 | | Sec. 11.15.
No person shall be employed upon contracts for |
20 | | work to be done
by any such sanitary district unless he or she |
21 | | is a citizen of the United States, a national of the United |
22 | | States under Section 1401 of Title 8 of the United States Code, |
23 | | a noncitizen an alien lawfully admitted for permanent |
24 | | residence under Section 1101 of Title 8 of the United States |
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1 | | Code, an individual who has been granted asylum under Section |
2 | | 1158 of Title 8 of the United States Code, or an individual who |
3 | | is otherwise legally authorized to work in the United States.
|
4 | | (Source: P.A. 98-280, eff. 8-9-13; 99-231, eff. 8-3-15.)
|
5 | | Section 40. The Board of Higher Education Act is amended |
6 | | by changing Section 9.16 as follows:
|
7 | | (110 ILCS 205/9.16) (from Ch. 144, par. 189.16)
|
8 | | Sec. 9.16. Underrepresentation of certain groups in higher |
9 | | education.
To require public institutions of higher education |
10 | | to develop and implement
methods and strategies to increase |
11 | | the participation of minorities, women
and individuals with |
12 | | disabilities who are traditionally underrepresented in
|
13 | | education programs and activities. For the purpose of this |
14 | | Section,
minorities shall mean persons who are citizens of the |
15 | | United States or
lawful permanent resident noncitizens aliens |
16 | | of the United States and who are any of the following: |
17 | | (1) American Indian or Alaska Native (a person having |
18 | | origins in any of the original peoples of North and South |
19 | | America, including Central America, and who maintains |
20 | | tribal affiliation or community attachment). |
21 | | (2) Asian (a person having origins in any of the |
22 | | original peoples of the Far East, Southeast Asia, or the |
23 | | Indian subcontinent, including, but not limited to, |
24 | | 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 | | The Board shall adopt any rules necessary to administer |
11 | | this Section.
The Board shall also do the following:
|
12 | | (a) require all public institutions of higher education to |
13 | | develop and
submit plans for the implementation of this |
14 | | Section;
|
15 | | (b) conduct periodic review of public institutions of |
16 | | higher education to
determine compliance with this Section; |
17 | | and if the Board finds that a public
institution of higher |
18 | | education is not in compliance with this Section,
it shall |
19 | | notify the institution of steps to take to attain compliance;
|
20 | | (c) provide advice and counsel pursuant to this Section;
|
21 | | (d) conduct studies of the effectiveness of methods and |
22 | | strategies
designed to increase participation of students in |
23 | | education programs and
activities in which minorities, women |
24 | | and individuals with disabilities are
traditionally |
25 | | underrepresented, and monitor the success of students in such
|
26 | | education programs and activities;
|
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1 | | (e) encourage minority student recruitment and retention |
2 | | in colleges
and universities. In implementing this paragraph, |
3 | | the Board shall undertake
but need not be limited to the |
4 | | following: the establishment of guidelines
and plans for |
5 | | public institutions of higher education for minority student
|
6 | | recruitment and retention, the review and monitoring of |
7 | | minority student
programs implemented at public institutions |
8 | | of higher education to
determine their compliance with any |
9 | | guidelines and plans so established,
the determination of the |
10 | | effectiveness and funding requirements of minority
student |
11 | | programs at public institutions of higher education, the
|
12 | | dissemination of successful programs as models, and the |
13 | | encouragement of
cooperative partnerships between community |
14 | | colleges and local school
attendance centers which are |
15 | | experiencing difficulties in enrolling
minority students in |
16 | | four-year colleges and universities;
|
17 | | (f) mandate all public institutions of higher education to |
18 | | submit data
and information essential to determine compliance |
19 | | with this Section. The
Board shall prescribe the format and |
20 | | the date for submission of this data
and any other education |
21 | | equity data; and
|
22 | | (g) report to the General Assembly and the Governor |
23 | | annually with a
description of the plans submitted by each |
24 | | public institution of higher
education for implementation of |
25 | | this Section, including financial data
relating to the most |
26 | | recent fiscal year expenditures for specific minority
|
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1 | | programs, the effectiveness of such
plans and programs and the |
2 | | effectiveness of the methods and strategies developed by the
|
3 | | Board in meeting the purposes of this Section, the degree of |
4 | | compliance
with this Section by each public institution of |
5 | | higher education as
determined by the Board pursuant to its |
6 | | periodic review responsibilities,
and the findings made by the |
7 | | Board in conducting its studies and monitoring
student success |
8 | | as required by paragraph d) of this Section. With
respect to |
9 | | each public institution of higher education such report also |
10 | | shall
include, but need not be limited to, information with |
11 | | respect to each
institution's minority program budget |
12 | | allocations; minority student
admission, retention and |
13 | | graduation statistics; admission, retention, and graduation |
14 | | statistics of all students who are the first in their |
15 | | immediate family to attend an institution of higher education; |
16 | | number of financial
assistance awards to undergraduate and |
17 | | graduate minority students; and
minority faculty |
18 | | representation. This paragraph shall not be construed to
|
19 | | prohibit the Board from making, preparing or issuing |
20 | | additional surveys or
studies with respect to minority |
21 | | education in Illinois.
|
22 | | (Source: P.A. 102-465, eff. 1-1-22 .)
|
23 | | Section 45. The Dental Student Grant Act is amended by |
24 | | changing Section 3.06 as follows:
|
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1 | | (110 ILCS 925/3.06) (from Ch. 144, par. 1503.06)
|
2 | | Sec. 3.06.
"Eligible dental student" means a person who |
3 | | meets all of the
following qualifications:
|
4 | | (a) That the individual is a resident of this State and a |
5 | | citizen or
lawful permanent resident noncitizen alien of the |
6 | | United States;
|
7 | | (b) That the individual has been accepted in a dental
|
8 | | school located in Illinois;
|
9 | | (c) That the individual exhibits financial need as
|
10 | | determined by the Department;
|
11 | | (d) That the individual has earned an educational diploma |
12 | | at an
institution of education located in this State or has |
13 | | been a resident of the
State for no less than 3 years prior to |
14 | | applying for the grant;
|
15 | | (e) That the individual is a member of a racial minority as |
16 | | defined in
Section 3.07; and
|
17 | | (f) That the individual meets other qualifications which |
18 | | shall be
established by the Department.
|
19 | | (Source: P.A. 87-665.)
|
20 | | Section 50. The Diversifying Higher Education Faculty in |
21 | | Illinois Act is amended by changing Sections 2 and 7 as |
22 | | follows:
|
23 | | (110 ILCS 930/2) (from Ch. 144, par. 2302)
|
24 | | Sec. 2. Definitions. As used in this Act, unless the |
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1 | | context otherwise requires:
|
2 | | "Board" means the Board of Higher Education.
|
3 | | "DFI" means the Diversifying Higher Education Faculty in |
4 | | Illinois Program of financial assistance to minorities who are |
5 | | traditionally
underrepresented as participants in |
6 | | postsecondary education. The program
shall assist them in |
7 | | pursuing a graduate or professional degree and shall also |
8 | | assist program graduates to find employment at an Illinois |
9 | | institution of higher education, including a community |
10 | | college, in a faculty or staff position.
|
11 | | "Program Board" means the entity created to administer the |
12 | | grant program authorized by this Act.
|
13 | | "Qualified institution of higher education" means a |
14 | | qualifying publicly or privately
operated educational |
15 | | institution located within Illinois (i) that
offers |
16 | | instruction leading toward or prerequisite to an academic or
|
17 | | professional degree beyond the baccalaureate degree, excluding |
18 | | theological
schools, and (ii) that is authorized to operate in |
19 | | the State of Illinois.
|
20 | | "Racial minority" means a person who is a citizen of the |
21 | | United
States or a lawful permanent resident noncitizen alien |
22 | | of the United States and who is any of the following:
|
23 | | (1) American Indian or Alaska Native (a person having |
24 | | origins in any of the original peoples of North and South |
25 | | America, including Central America, and who maintains |
26 | | tribal affiliation or community attachment). |
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1 | | (2) Asian (a person having origins in any of the |
2 | | original peoples of the Far East, Southeast Asia, or the |
3 | | Indian subcontinent, including, but not limited to, |
4 | | Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, |
5 | | the Philippine Islands, Thailand, and Vietnam). |
6 | | (3) Black or African American (a person having origins |
7 | | in any of the black racial groups of Africa). |
8 | | (4) Hispanic or Latino (a person of Cuban, Mexican, |
9 | | Puerto Rican, South or Central American, or other Spanish |
10 | | culture or origin, regardless of race). |
11 | | (5) Native Hawaiian or Other Pacific Islander (a |
12 | | person having origins in any of the original peoples of |
13 | | Hawaii, Guam, Samoa, or other Pacific Islands).
|
14 | | (Source: P.A. 102-465, eff. 1-1-22 .)
|
15 | | (110 ILCS 930/7) (from Ch. 144, par. 2307)
|
16 | | Sec. 7. Eligibility for DFI grants. An individual is |
17 | | eligible for an
award under the provisions of this Act when the |
18 | | Program Board finds:
|
19 | | (a) That the individual is a resident of this State |
20 | | and a citizen or
lawful permanent resident noncitizen |
21 | | alien of the United States;
|
22 | | (b) That the individual is a member of a racial |
23 | | minority as defined
under the terms of this Act;
|
24 | | (c) That the individual has earned any educational |
25 | | diploma at an
institution of education located in this |
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1 | | State, or is a resident of the
State for no less than three |
2 | | years prior to applying for the grant, and the
individual |
3 | | must hold a baccalaureate degree from an institution of |
4 | | higher
learning;
|
5 | | (d) That the individual's financial resources are such |
6 | | that, in the
absence of a DFI grant, the individual will be |
7 | | prevented from pursuing
a graduate or professional degree |
8 | | at a qualified institution of higher
education of his or |
9 | | her choice;
|
10 | | (e) That the individual has above average academic |
11 | | ability to pursue a
graduate or professional degree; and
|
12 | | (f) That the individual meets other qualifications |
13 | | which shall be
established by the Program Board.
|
14 | | Grant funds shall be awarded only to those persons |
15 | | pursuing a graduate or professional degree program at a |
16 | | qualified institution of higher education.
|
17 | | The
Board shall by rule promulgate, pursuant to the |
18 | | Illinois
Administrative Procedure Act, precise standards to be |
19 | | used by the Program Board to
determine whether a program |
20 | | applicant has above average academic ability to
pursue a |
21 | | graduate or professional degree.
|
22 | | (Source: P.A. 93-862, eff. 8-4-04.)
|
23 | | Section 55. The Higher Education Student Assistance Act is |
24 | | amended by changing Sections 65.50 and 65.110 as follows:
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1 | | (110 ILCS 947/65.50)
|
2 | | Sec. 65.50. Teacher training full-time undergraduate |
3 | | scholarships.
|
4 | | (a) Five hundred
new
scholarships shall be provided each |
5 | | year for qualified high school students
or high school |
6 | | graduates who desire to pursue full-time undergraduate
studies |
7 | | in teacher education at public or private universities or |
8 | | colleges
and community colleges in this State. The Commission, |
9 | | in
accordance with rules and regulations promulgated for this |
10 | | program,
shall provide funding and shall designate each year's |
11 | | new recipients from
among those applicants who qualify for |
12 | | consideration by showing:
|
13 | | (1) that he or she is a resident of this State and a |
14 | | citizen or a
lawful permanent resident noncitizen alien of |
15 | | the United States;
|
16 | | (2) that he or she has successfully completed the |
17 | | program of
instruction at an approved high school or is a |
18 | | student in good standing at
such a school and is engaged in |
19 | | a program that will be completed by the
end of the academic |
20 | | year, and in either event that his or her cumulative
grade |
21 | | average was or is in the upper 1/4 of the high school |
22 | | class;
|
23 | | (3) that he or she has superior capacity to profit by a |
24 | | higher education;
and
|
25 | | (4) that he or she agrees to teach in Illinois schools |
26 | | in
accordance with subsection (b).
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1 | | No rule or regulation promulgated by the State Board of
|
2 | | Education prior to the effective date of this amendatory Act |
3 | | of 1993 pursuant
to the exercise of any right, power, duty, |
4 | | responsibility or matter of pending
business transferred from |
5 | | the State Board of Education to the Commission under
this |
6 | | Section shall be affected thereby, and all such rules and |
7 | | regulations
shall become the rules and regulations of the |
8 | | Commission until modified or
changed by the Commission in |
9 | | accordance with law.
|
10 | | If in any year the number of qualified applicants exceeds |
11 | | the number of
scholarships to be awarded, the Commission shall |
12 | | give
priority in awarding scholarships to students in |
13 | | financial need. The
Commission
shall consider factors such as |
14 | | the applicant's
family income, the size of the applicant's |
15 | | family and the number of other
children in the applicant's |
16 | | family attending college in determining the
financial need of |
17 | | the individual.
|
18 | | Unless otherwise indicated, these scholarships shall be |
19 | | good for a period
of up to 4 years while the recipient is |
20 | | enrolled for residence credit at a
public or private |
21 | | university or college or at a community college. The
|
22 | | scholarship shall cover tuition, fees and a stipend of $1,500 |
23 | | per year.
For purposes of calculating scholarship awards for |
24 | | recipients attending
private universities or colleges, tuition |
25 | | and fees for students at private
colleges and universities |
26 | | shall not exceed the average tuition and fees for
students at |
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1 | | 4-year public colleges and universities for the academic year
|
2 | | in which the scholarship is made.
|
3 | | (b) Upon graduation from or termination of enrollment
in a |
4 | | teacher education program, any person who accepted a |
5 | | scholarship under
the undergraduate scholarship program |
6 | | continued by this Section, including
persons whose graduation |
7 | | or termination of
enrollment occurred prior to the effective |
8 | | date of this amendatory Act of
1993, shall teach in any school |
9 | | in
this State for at least 4 of the 7 years immediately |
10 | | following his or her
graduation or termination. If the |
11 | | recipient spends up to 4 years in
military service before or |
12 | | after he or she graduates, the period of
military service |
13 | | shall be excluded from the computation of that 7 year
period. A |
14 | | recipient who is enrolled full-time in an academic program
|
15 | | leading to a graduate degree in education shall have the |
16 | | period of graduate
study excluded from the computation of that |
17 | | 7 year period.
|
18 | | Any person who fails to fulfill the teaching requirement |
19 | | shall pay to the
Commission an amount equal to one-fourth of |
20 | | the
scholarship received for each unfulfilled year of the |
21 | | 4-year teaching
requirement, together with interest at 8% per |
22 | | year on that amount.
However, this obligation to repay does |
23 | | not apply when the failure to
fulfill the teaching requirement |
24 | | results from involuntarily leaving the
profession due to a |
25 | | decrease in the number of teachers employed by the
school |
26 | | board or a discontinuation of a type of teaching service under
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1 | | Section 24-12 of the School Code or from the death or |
2 | | adjudication as
incompetent of the
person holding the |
3 | | scholarship. No claim for repayment may be filed
against the |
4 | | estate of such a decedent or incompetent.
|
5 | | Each person applying for such a scholarship shall be |
6 | | provided with
a copy of this subsection at the time he or she |
7 | | applies for the benefits
of such scholarship.
|
8 | | (c) This Section is substantially the same as Sections |
9 | | 30-14.5 and 30-14.6
of the
School Code, which are repealed by |
10 | | this amendatory Act of 1993, and shall be
construed as a |
11 | | continuation of the teacher training undergraduate scholarship
|
12 | | program
established by that prior law, and not as a new or |
13 | | different teacher training
undergraduate scholarship program.
|
14 | | The State Board of Education shall transfer to the Commission, |
15 | | as the
successor to the State Board of Education for all |
16 | | purposes of administering
and implementing the provisions of |
17 | | this Section, all books, accounts, records,
papers, documents, |
18 | | contracts, agreements, and pending business in any way
|
19 | | relating to the teacher training undergraduate scholarship |
20 | | program
continued under this Section,
and all scholarships at |
21 | | any time awarded under that program
by, and all applications |
22 | | for any such scholarship
at any
time made to, the State Board |
23 | | of Education shall be unaffected by the transfer
to the |
24 | | Commission of all responsibility for the administration and
|
25 | | implementation of the teacher training undergraduate |
26 | | scholarship
program continued under this
Section. The State |
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1 | | Board of Education shall furnish to the Commission such
other |
2 | | information as the Commission may request to assist it in |
3 | | administering
this Section.
|
4 | | (Source: P.A. 88-228.)
|
5 | | (110 ILCS 947/65.110) |
6 | | Sec. 65.110. Post-Master of Social Work School Social Work |
7 | | Professional Educator License scholarship. |
8 | | (a) Subject to appropriation, beginning with awards for |
9 | | the 2022-2023 academic year, the Commission shall award |
10 | | annually up to 250 Post-Master of Social Work School Social |
11 | | Work Professional Educator License scholarships to a person |
12 | | who: |
13 | | (1) holds a valid Illinois-licensed clinical social |
14 | | work license or social work license; |
15 | | (2) has obtained a master's degree in social work from |
16 | | an approved program; |
17 | | (3) is a United States citizen or eligible noncitizen; |
18 | | and |
19 | | (4) submits an application to the Commission for such |
20 | | scholarship and agrees to take courses to obtain an |
21 | | Illinois Professional Educator License with an endorsement |
22 | | in School Social Work. |
23 | | (b) If an appropriation for this Section for a given |
24 | | fiscal year is insufficient to provide scholarships to all |
25 | | qualified applicants, the Commission shall allocate the |
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1 | | appropriation in accordance with this subsection (b). If funds |
2 | | are insufficient to provide all qualified applicants with a |
3 | | scholarship as authorized by this Section, the Commission |
4 | | shall allocate the available scholarship funds for that fiscal |
5 | | year to qualified applicants who submit a complete application |
6 | | on or before a date specified by the Commission, based on the |
7 | | following order of priority: |
8 | | (1) firstly, to students who received a scholarship |
9 | | under this Section in the prior academic year and who |
10 | | remain eligible for a scholarship under this Section; |
11 | | (2) secondly, to new, qualified applicants who are |
12 | | members of a racial minority, as defined in subsection |
13 | | (c); and |
14 | | (3) finally, to other new, qualified applicants in |
15 | | accordance with this Section. |
16 | | (c) Scholarships awarded under this Section shall be |
17 | | issued pursuant to rules adopted by the Commission. In |
18 | | awarding scholarships, the Commission shall give priority to |
19 | | those applicants who are members of a racial minority. Racial |
20 | | minorities are underrepresented as school social workers in |
21 | | elementary and secondary schools in this State, and the |
22 | | General Assembly finds that it is in the interest of this State |
23 | | to provide them with priority consideration for programs that |
24 | | encourage their participation in this field and thereby foster |
25 | | a profession that is more reflective of the diversity of |
26 | | Illinois students and the parents they will serve. A more |
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1 | | reflective workforce in school social work allows improved |
2 | | outcomes for students and a better utilization of services. |
3 | | Therefore, the Commission shall give priority to those |
4 | | applicants who are members of a racial minority. In this |
5 | | subsection (c), "racial minority" means a person who is a |
6 | | citizen of the United States or a lawful permanent resident |
7 | | noncitizen alien of the United States and who is: |
8 | | (1) Black (a person having origins in any of the black |
9 | | racial groups in Africa); |
10 | | (2) Hispanic (a person of Spanish or Portuguese |
11 | | culture with origins in Mexico, South or Central America, |
12 | | or the Caribbean Islands, regardless of race); |
13 | | (3) Asian American (a person having origins in any of |
14 | | the original peoples of the Far East, Southeast Asia, the |
15 | | Indian Subcontinent, or the Pacific Islands); or |
16 | | (4) American Indian or Alaskan Native (a person having |
17 | | origins in any of the original peoples of North America). |
18 | | (d) Each scholarship shall be applied to the payment of |
19 | | tuition and mandatory fees at the University of Illinois, |
20 | | Southern Illinois University, Chicago State University, |
21 | | Eastern Illinois University, Governors State University, |
22 | | Illinois State University, Northeastern Illinois University, |
23 | | Northern Illinois University, and Western Illinois University. |
24 | | Each scholarship may be applied to pay tuition and mandatory |
25 | | fees required to obtain an Illinois Professional Educator |
26 | | License with an endorsement in School Social Work. |
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1 | | (e) The Commission shall make tuition and fee payments |
2 | | directly to the qualified institution of higher learning that |
3 | | the applicant attends. |
4 | | (f) Any person who has accepted a scholarship under this |
5 | | Section must, within one year after graduation or termination |
6 | | of enrollment in a Post-Master of Social Work Professional |
7 | | Education License with an endorsement in School Social Work |
8 | | program, begin working as a school social worker at a public or |
9 | | nonpublic not-for-profit preschool, elementary school, or |
10 | | secondary school located in this State for at least 2 of the 5 |
11 | | years immediately following that graduation or termination, |
12 | | excluding, however, from the computation of that 5-year |
13 | | period: (i) any time up to 3 years spent in the military |
14 | | service, whether such service occurs before or after the |
15 | | person graduates; (ii) the time that person is a person with a |
16 | | temporary total disability for a period of time not to exceed 3 |
17 | | years, as established by the sworn affidavit of a qualified |
18 | | physician; and (iii) the time that person is seeking and |
19 | | unable to find full-time employment as a school social worker |
20 | | at a State public or nonpublic not-for-profit preschool, |
21 | | elementary school, or secondary school. |
22 | | (g) If a recipient of a scholarship under this Section |
23 | | fails to fulfill the work obligation set forth in subsection |
24 | | (f), the Commission shall require the recipient to repay the |
25 | | amount of the scholarships received, prorated according to the |
26 | | fraction of the obligation not completed, at a rate of |
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1 | | interest equal to 5%, and, if applicable, reasonable |
2 | | collection fees. The Commission is authorized to establish |
3 | | rules relating to its collection activities for repayment of |
4 | | scholarships under this Section. All repayments collected |
5 | | under this Section shall be forwarded to the State Comptroller |
6 | | for deposit into this State's General Revenue Fund. |
7 | | A recipient of a scholarship under this Section is not |
8 | | considered to be in violation of the failure to fulfill the |
9 | | work obligation under subsection (f) if the recipient (i) |
10 | | enrolls on a full-time basis as a graduate student in a course |
11 | | of study related to the field of social work at a qualified |
12 | | Illinois institution of higher learning; (ii) is serving, not |
13 | | in excess of 3 years, as a member of the armed services of the |
14 | | United States; (iii) is a person with a temporary total |
15 | | disability for a period of time not to exceed 3 years, as |
16 | | established by the sworn affidavit of a qualified physician; |
17 | | (iv) is seeking and unable to find full-time employment as a |
18 | | school social worker at an Illinois public or nonpublic |
19 | | not-for-profit preschool, elementary school, or secondary |
20 | | school that satisfies the criteria set forth in subsection (f) |
21 | | and is able to provide evidence of that fact; or (v) becomes a |
22 | | person with a permanent total disability, as established by |
23 | | the sworn affidavit of a qualified physician.
|
24 | | (Source: P.A. 102-621, eff. 1-1-22.)
|
25 | | Section 60. The Mental Health Graduate Education |
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1 | | Scholarship Act is amended by changing Section 20 as follows:
|
2 | | (110 ILCS 952/20)
|
3 | | Sec. 20. Scholarships.
|
4 | | (a) Beginning with the fall term of the 2009-2010 academic |
5 | | year, the Department, in accordance with rules adopted by it |
6 | | for this program, shall provide scholarships to individuals |
7 | | selected from among those applicants who qualify for |
8 | | consideration by showing all of the following: |
9 | | (1) That the individual has been a resident of this |
10 | | State
for at least one year prior to application and is a |
11 | | citizen or a lawful permanent resident noncitizen alien of |
12 | | the United States. |
13 | | (2) That the individual enrolled in or accepted into a |
14 | | mental health graduate program at an approved institution. |
15 | | (3) That the individual agrees to meet the mental |
16 | | health
employment obligation. |
17 | | (b) If in any year the number of qualified applicants |
18 | | exceeds the number of scholarships to be awarded, the |
19 | | Department shall, in consultation with the Advisory Council, |
20 | | consider the following factors in granting priority in |
21 | | awarding scholarships: |
22 | | (1) Financial need, as shown on a standardized
|
23 | | financial needs assessment form used by an approved |
24 | | institution. |
25 | | (2) A student's merit, as shown through his or
her |
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1 | | grade point average, class rank, and other academic and |
2 | | extracurricular activities.
|
3 | | The Department may add to and further define these merit |
4 | | criteria by rule. |
5 | | (c) Unless otherwise indicated, scholarships shall be |
6 | | awarded to recipients at approved institutions for a period of |
7 | | up to 2 years if the recipient is enrolled in a master's degree |
8 | | program and up to 4 years if the recipient is enrolled in a |
9 | | doctoral degree program.
|
10 | | (Source: P.A. 96-672, eff. 8-25-09.)
|
11 | | Section 65. The Nursing Education Scholarship Law is |
12 | | amended by changing Sections 5 and 6.5 as follows:
|
13 | | (110 ILCS 975/5) (from Ch. 144, par. 2755)
|
14 | | Sec. 5. Nursing education scholarships. Beginning with the |
15 | | fall term of the 2004-2005
academic year, the
Department, in |
16 | | accordance with rules and regulations promulgated by it for |
17 | | this
program, shall provide scholarships to individuals |
18 | | selected
from among those applicants who qualify for |
19 | | consideration by showing:
|
20 | | (1) that he or she has been a resident of this State |
21 | | for at least one
year prior to application, and is a |
22 | | citizen or a lawful permanent resident noncitizen
alien of |
23 | | the United States;
|
24 | | (2) that he or she is enrolled in or accepted for |
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1 | | admission to an associate degree in
nursing program, |
2 | | hospital-based
diploma in nursing program, baccalaureate |
3 | | degree
in nursing program, graduate degree in nursing |
4 | | program, or practical nursing program at an approved
|
5 | | institution; and
|
6 | | (3) that he or she agrees to meet the nursing |
7 | | employment obligation.
|
8 | | If in any year the number of qualified applicants exceeds |
9 | | the number of
scholarships to be awarded, the Department |
10 | | shall, in consultation with the Illinois Nursing Workforce |
11 | | Center Advisory Board, consider the following factors in |
12 | | granting priority in awarding
scholarships: |
13 | | (A) Financial need, as shown on a
standardized |
14 | | financial needs assessment form used by an approved
|
15 | | institution, of students who will pursue their |
16 | | education on a full-time or close to
full-time
basis |
17 | | and who already have a certificate in practical |
18 | | nursing, a diploma
in nursing, or an associate degree |
19 | | in nursing and are pursuing a higher
degree.
|
20 | | (B) A student's status as a registered nurse who |
21 | | is pursuing a graduate degree in nursing to pursue |
22 | | employment in an approved institution that educates |
23 | | licensed practical nurses and that educates registered |
24 | | nurses in undergraduate and graduate nursing programs.
|
25 | | (C) A student's merit, as shown through his or her |
26 | | grade point average, class rank, and other academic |
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1 | | and extracurricular activities. The Department may add |
2 | | to and further define these merit criteria by rule.
|
3 | | Unless otherwise indicated, scholarships shall be awarded |
4 | | to
recipients at approved institutions for a period
of up to 2 |
5 | | years if the recipient is enrolled in an
associate degree in
|
6 | | nursing
program, up to 3 years if the recipient is enrolled in |
7 | | a hospital-based
diploma in nursing program, up to 4 years if |
8 | | the recipient is enrolled in a
baccalaureate degree in nursing |
9 | | program, up to 5 years if the recipient is enrolled in a |
10 | | graduate degree in nursing program, and up to one year if the
|
11 | | recipient is enrolled in a certificate in practical nursing |
12 | | program. At least
40% of the scholarships awarded shall be for |
13 | | recipients who are
pursuing baccalaureate degrees in nursing, |
14 | | 30% of the scholarships
awarded shall be for recipients who |
15 | | are pursuing associate degrees in
nursing
or a diploma in |
16 | | nursing, 10% of the scholarships awarded
shall be for |
17 | | recipients who are pursuing a certificate in practical |
18 | | nursing, and 20% of the scholarships awarded shall be for |
19 | | recipients who are pursuing a graduate degree in nursing.
|
20 | | Beginning with the fall term of the 2021-2022 academic |
21 | | year and continuing through the 2024-2025 academic year, |
22 | | subject to appropriation from the Hospital Licensure Fund, in |
23 | | addition to any other funds available to the Department for |
24 | | such scholarships, the Department may award a total of |
25 | | $500,000 annually in scholarships under this Section. |
26 | | (Source: P.A. 102-641, eff. 8-27-21.)
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1 | | (110 ILCS 975/6.5) |
2 | | Sec. 6.5. Nurse educator scholarships. |
3 | | (a) Beginning with the fall term of the 2009-2010 academic |
4 | | year, the Department shall provide scholarships to individuals |
5 | | selected from among those applicants who qualify for |
6 | | consideration by showing the following: |
7 | | (1) that he or she has been a resident of this State |
8 | | for at least one year prior to application and is a citizen |
9 | | or a lawful permanent resident noncitizen alien of the |
10 | | United States; |
11 | | (2) that he or she is enrolled in or accepted for |
12 | | admission to a graduate degree in nursing program at an |
13 | | approved institution; and |
14 | | (3) that he or she agrees to meet the nurse educator |
15 | | employment obligation. |
16 | | (b) If in any year the number of qualified applicants |
17 | | exceeds the number of scholarships to be awarded under this |
18 | | Section, the Department shall, in consultation with the |
19 | | Illinois Nursing Workforce Center Advisory Board, consider the |
20 | | following factors in granting priority in awarding |
21 | | scholarships: |
22 | | (1) Financial need, as shown on a standardized |
23 | | financial needs assessment form used by an approved |
24 | | institution, of students who will pursue their education |
25 | | on a full-time or close to full-time basis and who already |
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1 | | have a diploma in nursing and are pursuing a higher |
2 | | degree. |
3 | | (2) A student's status as a registered nurse who is |
4 | | pursuing a graduate degree in nursing to pursue employment |
5 | | in an approved institution that educates licensed |
6 | | practical nurses and that educates registered nurses in |
7 | | undergraduate and graduate nursing programs. |
8 | | (3) A student's merit, as shown through his or her |
9 | | grade point average, class rank, experience as a nurse, |
10 | | including supervisory experience, experience as a nurse in |
11 | | the United States military, and other academic and |
12 | | extracurricular activities. |
13 | | (c) Unless otherwise indicated, scholarships under this |
14 | | Section shall be awarded to recipients at approved |
15 | | institutions for a period of up to 3 years. |
16 | | (d) Within 12 months after graduation from a graduate |
17 | | degree in nursing program for nurse educators, any recipient |
18 | | who accepted a scholarship under this Section shall begin |
19 | | meeting the required nurse educator employment obligation. In |
20 | | order to defer his or her continuous employment obligation, a |
21 | | recipient must request the deferment in writing from the |
22 | | Department. A recipient shall receive a deferment if he or she |
23 | | notifies the Department, within 30 days after enlisting, that |
24 | | he or she is spending up to 4 years in military service. A |
25 | | recipient shall receive a deferment if he or she notifies the |
26 | | Department, within 30 days after enrolling, that he or she is |
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1 | | enrolled in an academic program leading to a graduate degree |
2 | | in nursing. The recipient must begin meeting the required |
3 | | nurse educator employment obligation no later than 6 months |
4 | | after the end of the deferment or deferments. |
5 | | Any person who fails to fulfill the nurse educator |
6 | | employment obligation shall pay to the Department an amount |
7 | | equal to the amount of scholarship funds received per year for |
8 | | each unfulfilled year of the nurse educator employment |
9 | | obligation, together with interest at 7% per year on the |
10 | | unpaid balance. Payment must begin within 6 months following |
11 | | the date of the occurrence initiating the repayment. All |
12 | | repayments must be completed within 6 years from the date of |
13 | | the occurrence initiating the repayment. However, this |
14 | | repayment obligation may be deferred and re-evaluated every 6 |
15 | | months when the failure to fulfill the nurse educator |
16 | | employment obligation results from involuntarily leaving the |
17 | | profession due to a decrease in the number of nurses employed |
18 | | in this State or when the failure to fulfill the nurse educator |
19 | | employment obligation results from total and permanent |
20 | | disability. The repayment obligation shall be excused if the |
21 | | failure to fulfill the nurse educator employment obligation |
22 | | results from the death or adjudication as incompetent of the |
23 | | person holding the scholarship. No claim for repayment may be |
24 | | filed against the estate of such a decedent or incompetent. |
25 | | The Department may allow a nurse educator employment |
26 | | obligation fulfillment alternative if the nurse educator |
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1 | | scholarship recipient is unsuccessful in finding work as a |
2 | | nurse educator. The Department shall maintain a database of |
3 | | all available nurse educator positions in this State. |
4 | | (e) Each person applying for a scholarship under this |
5 | | Section must be provided with a copy of this Section at the |
6 | | time of application for the benefits of this scholarship. |
7 | | (f) Rulemaking authority to implement this amendatory Act |
8 | | of the 96th General Assembly, if any, is conditioned on the |
9 | | rules being adopted in accordance with all provisions of the |
10 | | Illinois Administrative Procedure Act and all rules and |
11 | | procedures of the Joint Committee on Administrative Rules; any |
12 | | purported rule not so adopted, for whatever reason, is |
13 | | unauthorized.
|
14 | | (Source: P.A. 100-513, eff. 1-1-18 .)
|
15 | | Section 70. The Comprehensive Health Insurance Plan Act is |
16 | | amended by changing Section 7 as follows:
|
17 | | (215 ILCS 105/7) (from Ch. 73, par. 1307) |
18 | | Sec. 7. Eligibility. |
19 | | a. Except as provided in subsection (e) of this Section or |
20 | | in Section
15 of this Act, any person who is either a citizen |
21 | | of the United States or a noncitizen an
alien lawfully |
22 | | admitted for permanent residence and who has been for a period
|
23 | | of at least 180 days and continues to be a resident of this |
24 | | State shall be
eligible for Plan coverage under this Section |
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1 | | if evidence is provided of: |
2 | | (1) A notice of rejection or refusal to issue |
3 | | substantially
similar individual health insurance coverage |
4 | | for health reasons by a
health insurance issuer; |
5 | | (2) A refusal by a health insurance issuer to issue |
6 | | individual
health insurance coverage except at a rate |
7 | | exceeding the
applicable Plan rate for which the person is |
8 | | responsible; or |
9 | | (3) The absence of available health insurance coverage |
10 | | for a person under 19 years of age. |
11 | | A rejection or refusal by a group health plan or health |
12 | | insurance issuer
offering only
stop-loss or excess of loss |
13 | | insurance or contracts,
agreements, or other arrangements for |
14 | | reinsurance coverage with respect
to the applicant shall not |
15 | | be sufficient evidence under this subsection. |
16 | | b. The Board shall promulgate a list of medical or health |
17 | | conditions for
which a person who is either a citizen of the |
18 | | United States or a noncitizen an
alien lawfully admitted for |
19 | | permanent residence and a resident of this State
would be |
20 | | eligible for Plan coverage without applying for
health |
21 | | insurance coverage pursuant to subsection a. of this Section.
|
22 | | Persons who
can demonstrate the existence or history of any |
23 | | medical or health
conditions on the list promulgated by the |
24 | | Board shall not be required to
provide the evidence specified |
25 | | in subsection a. of this Section. The list
shall be effective
|
26 | | on the first day of the operation of the Plan and may be |
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1 | | amended from time
to time as appropriate. |
2 | | c. Family members of the same household who each are |
3 | | covered
persons are
eligible for optional family coverage |
4 | | under the Plan. |
5 | | d. For persons qualifying for coverage in accordance with |
6 | | Section 7 of
this Act, the Board shall, if it determines that |
7 | | such appropriations as are
made pursuant to Section 12 of this |
8 | | Act are insufficient to allow the Board
to accept all of the |
9 | | eligible persons which it projects will apply for
enrollment |
10 | | under the Plan, limit or close enrollment to ensure that the
|
11 | | Plan is not over-subscribed and that it has sufficient |
12 | | resources to meet
its obligations to existing enrollees. The |
13 | | Board shall not limit or close
enrollment for federally |
14 | | eligible individuals. |
15 | | e. A person shall not be eligible for coverage under the |
16 | | Plan if: |
17 | | (1) He or she has or obtains other coverage under a |
18 | | group health plan
or health insurance coverage
|
19 | | substantially similar to or better than a Plan policy as |
20 | | an insured or
covered dependent or would be eligible to |
21 | | have that coverage if he or she
elected to obtain it. |
22 | | Persons otherwise eligible for Plan coverage may,
however, |
23 | | solely for the purpose of having coverage for a |
24 | | pre-existing
condition, maintain other coverage only while |
25 | | satisfying any pre-existing
condition waiting period under |
26 | | a Plan policy or a subsequent replacement
policy of a Plan |
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1 | | policy. |
2 | | (1.1) His or her prior coverage under a group health |
3 | | plan or health
insurance coverage, provided or arranged by |
4 | | an employer of more than 10 employees was discontinued
for |
5 | | any reason without the entire group or plan being |
6 | | discontinued and not
replaced, provided he or she remains |
7 | | an employee, or dependent thereof, of the
same employer. |
8 | | (2) He or she is a recipient of or is approved to |
9 | | receive medical
assistance, except that a person may |
10 | | continue to receive medical
assistance through the medical |
11 | | assistance no grant program, but only
while satisfying the |
12 | | requirements for a preexisting condition under
Section 8, |
13 | | subsection f. of this Act. Payment of premiums pursuant to |
14 | | this
Act shall be allocable to the person's spenddown for |
15 | | purposes of the
medical assistance no grant program, but |
16 | | that person shall not be
eligible for any Plan benefits |
17 | | while that person remains eligible for
medical assistance. |
18 | | If the person continues to receive
or be approved to |
19 | | receive medical assistance through the medical
assistance |
20 | | no grant program at or after the time that requirements |
21 | | for a
preexisting condition are satisfied, the person |
22 | | shall not be eligible for
coverage under the Plan. In that |
23 | | circumstance, coverage under the Plan
shall terminate as |
24 | | of the expiration of the preexisting condition
limitation |
25 | | period. Under all other circumstances, coverage under the |
26 | | Plan
shall automatically terminate as of the effective |
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1 | | date of any medical
assistance. |
2 | | (3) Except as provided in Section 15, the person has |
3 | | previously
participated in the Plan and voluntarily
|
4 | | terminated Plan coverage, unless 12 months have elapsed
|
5 | | since the person's
latest voluntary termination of |
6 | | coverage. |
7 | | (4) The person fails to pay the required premium under |
8 | | the covered
person's
terms of enrollment and |
9 | | participation, in which event the liability of the
Plan |
10 | | shall be limited to benefits incurred under the Plan for |
11 | | the time
period for which premiums had been paid and the |
12 | | covered person remained
eligible for Plan coverage. |
13 | | (5) The Plan has paid a total of
$5,000,000
in |
14 | | benefits
on behalf of the covered person. |
15 | | (6) The person is a resident of a public institution. |
16 | | (7) The person's premium is paid for or reimbursed |
17 | | under any
government sponsored program or by any |
18 | | government agency or health
care provider, except as an |
19 | | otherwise qualifying full-time employee, or
dependent of |
20 | | such employee, of a government agency or health care |
21 | | provider
or, except when a person's premium is paid by the |
22 | | U.S. Treasury Department
pursuant to the federal Trade Act |
23 | | of 2002. |
24 | | (8) The person has or later receives other benefits or |
25 | | funds from
any settlement, judgement, or award resulting |
26 | | from any accident or injury,
regardless of the date of the |
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1 | | accident or injury, or any other
circumstances creating a |
2 | | legal liability for damages due that person by a
third |
3 | | party, whether the settlement, judgment, or award is in |
4 | | the form of a
contract, agreement, or trust on behalf of a |
5 | | minor or otherwise and whether
the settlement, judgment, |
6 | | or award is payable to the person, his or her
dependent, |
7 | | estate, personal representative, or guardian in a lump sum |
8 | | or
over time, so long as there continues to be benefits or |
9 | | assets remaining
from those sources in an amount in excess |
10 | | of $300,000. |
11 | | (9) Within the 5 years prior to the date a person's |
12 | | Plan application is
received by the Board, the person's |
13 | | coverage under any health care benefit
program as defined |
14 | | in 18 U.S.C. 24, including any public or private plan or
|
15 | | contract under which any
medical benefit, item, or service |
16 | | is provided, was terminated as a result of
any act or |
17 | | practice that constitutes fraud under State or federal law |
18 | | or as a
result of an intentional misrepresentation of |
19 | | material fact; or if that person
knowingly and willfully |
20 | | obtained or attempted to obtain, or fraudulently aided
or |
21 | | attempted to aid any other person in obtaining, any |
22 | | coverage or benefits
under the Plan to which that person |
23 | | was not entitled. |
24 | | f. The Board or the administrator shall require |
25 | | verification of
residency and may require any additional |
26 | | information or documentation, or
statements under oath, when |
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1 | | necessary to determine residency upon initial
application and |
2 | | for the entire term of the policy. |
3 | | g. Coverage shall cease (i) on the date a person is no |
4 | | longer a
resident of Illinois, (ii) on the date a person |
5 | | requests coverage to end,
(iii) upon the death of the covered |
6 | | person, (iv) on the date State law
requires cancellation of |
7 | | the policy, or (v) at the Plan's option, 30 days
after the Plan |
8 | | makes any inquiry concerning a person's eligibility or place
|
9 | | of residence to which the person does not reply. |
10 | | h. Except under the conditions set forth in subsection g |
11 | | of this
Section, the coverage of any person who ceases to meet |
12 | | the
eligibility requirements of this Section shall be |
13 | | terminated at the end of
the current policy period for which |
14 | | the necessary premiums have been paid. |
15 | | (Source: P.A. 96-938, eff. 6-24-10; 97-661, eff. 1-13-12 .)
|
16 | | Section 75. The Hearing Instrument Consumer Protection Act |
17 | | is amended by changing Section 8 as follows:
|
18 | | (225 ILCS 50/8) (from Ch. 111, par. 7408)
|
19 | | (Section scheduled to be repealed on January 1, 2026)
|
20 | | Sec. 8. Applicant qualifications; examination.
|
21 | | (a) In order to protect persons who are deaf or hard of |
22 | | hearing, the Department
shall authorize or shall conduct an |
23 | | appropriate examination, which may be the International |
24 | | Hearing Society's licensure examination, for persons
who |
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1 | | dispense, test, select, recommend, fit, or service hearing
|
2 | | instruments. The frequency of holding these examinations shall
|
3 | | be determined by the Department by rule. Those
who |
4 | | successfully pass such an examination shall be issued a |
5 | | license
as a hearing instrument dispenser, which shall be |
6 | | effective for
a 2-year period.
|
7 | | (b) Applicants shall be:
|
8 | | (1) at least 18 years of age;
|
9 | | (2) of good moral character;
|
10 | | (3) the holder of an associate's degree or the |
11 | | equivalent;
|
12 | | (4) free of contagious or infectious disease; and
|
13 | | (5) a citizen or person who has the status as a legal |
14 | | noncitizen alien .
|
15 | | Felony convictions of the applicant and findings against |
16 | | the applicant
involving matters set forth in Sections 17 and |
17 | | 18 shall be considered in
determining moral character, but |
18 | | such a conviction or finding shall not make an
applicant |
19 | | ineligible to register for examination.
|
20 | | (c) Prior to engaging in the practice of fitting, |
21 | | dispensing, or servicing
hearing instruments, an applicant
|
22 | | shall demonstrate, by means of written
and practical |
23 | | examinations, that such person is qualified to
practice the |
24 | | testing, selecting, recommending, fitting, selling, or
|
25 | | servicing of hearing instruments as defined in this
Act. An |
26 | | applicant must obtain a license within 12
months after passing |
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1 | | either the written or practical examination, whichever is |
2 | | passed first, or must take and
pass those examinations again |
3 | | in order to be eligible to receive a license.
|
4 | | The Department shall, by rule, determine the conditions |
5 | | under which an
individual is examined.
|
6 | | (d) Proof of having met the minimum requirements of |
7 | | continuing education
as determined by the Board shall be |
8 | | required of all license renewals.
Pursuant to rule, the |
9 | | continuing education requirements may, upon petition to
the |
10 | | Board,
be waived in whole or in part if the hearing instrument |
11 | | dispenser
can demonstrate
that he or she served in the Coast |
12 | | Guard or Armed Forces, had an extreme
hardship, or obtained |
13 | | his or her license by examination or
endorsement within
the |
14 | | preceding renewal period.
|
15 | | (e) Persons applying for an initial
license
must |
16 | | demonstrate having earned, at a minimum, an associate degree |
17 | | or its equivalent from an
accredited institution of higher |
18 | | education that is recognized by the U.S. Department of |
19 | | Education or that meets the U.S. Department of Education |
20 | | equivalency as determined through a National Association of |
21 | | Credential Evaluation Services (NACES) member, and meet the |
22 | | other requirements of
this Section. In addition, the applicant |
23 | | must demonstrate the successful
completion of (1) 12 semester |
24 | | hours or 18 quarter hours of academic undergraduate
course |
25 | | work in an accredited institution consisting of 3 semester |
26 | | hours of
anatomy and physiology of the hearing mechanism, 3 |
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1 | | semester hours of
hearing science, 3 semester hours of |
2 | | introduction to audiology, and 3 semester
hours of aural |
3 | | rehabilitation, or the quarter hour equivalent or (2) an |
4 | | equivalent program as determined by the Department that is |
5 | | consistent with the scope of practice of a hearing instrument |
6 | | dispenser as defined in Section 3 of this Act. Persons
|
7 | | licensed before January 1, 2003 who
have a valid license on |
8 | | that date may have their license renewed
without meeting the |
9 | | requirements of this subsection.
|
10 | | (Source: P.A. 98-827, eff. 1-1-15; 99-204, eff. 7-30-15; |
11 | | 99-847, eff. 8-19-16.)
|
12 | | Section 80. The Illinois Public Aid Code is amended by |
13 | | changing Section 5-3 as follows:
|
14 | | (305 ILCS 5/5-3) (from Ch. 23, par. 5-3)
|
15 | | Sec. 5-3.
Residence.) Any person who has established his |
16 | | residence
in this State and lives therein, including any |
17 | | person who is a migrant
worker, may qualify for medical |
18 | | assistance. A person who, while
temporarily in this State, |
19 | | suffers injury or illness endangering his
life and health and |
20 | | necessitating emergency care, may also qualify.
|
21 | | Temporary absence from the State shall not disqualify a |
22 | | person from
maintaining his eligibility under this Article.
|
23 | | As used in this Section, "migrant worker" means any person |
24 | | residing
temporarily and employed in Illinois who moves |
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1 | | seasonally from one
place to another for the purpose of |
2 | | employment in agricultural
activities, including the planting, |
3 | | raising or harvesting of any
agricultural or horticultural |
4 | | commodities and the handling, packing or
processing of such |
5 | | commodities on the farm where produced or at the
point of first |
6 | | processing, in animal husbandry, or in other activities |
7 | | connected
with the care of animals. Dependents of such person |
8 | | shall be
considered eligible if they are living with the |
9 | | person during his or her
temporary residence and employment in |
10 | | Illinois.
|
11 | | In order to be eligible for medical assistance under this |
12 | | section,
each migrant worker shall show proof of citizenship |
13 | | or legal noncitizen alien status.
|
14 | | (Source: P.A. 81-746.)
|
15 | | Section 85. The Service Member Employment and Reemployment |
16 | | Rights Act is amended by changing Section 1-10 as follows:
|
17 | | (330 ILCS 61/1-10)
|
18 | | Sec. 1-10. Definitions. As used in this Act: |
19 | | "Accrue" means to accumulate in regular or increasing |
20 | | amounts over time subject to customary allocation of cost. |
21 | | "Active duty" means any full-time military service |
22 | | regardless of length or voluntariness including, but not |
23 | | limited to, annual training, full-time National Guard duty, |
24 | | and State active duty. "Active duty" does not include any form |
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1 | | of inactive duty service such as drill duty or muster duty. |
2 | | "Active duty", unless provided otherwise, includes active duty |
3 | | without pay. |
4 | | "Active service" means all forms of active and inactive |
5 | | duty regardless of voluntariness including, but not limited |
6 | | to, annual training, active duty for training, initial active |
7 | | duty training, overseas training duty, full-time National |
8 | | Guard duty, active duty other than training, State active |
9 | | duty, mobilizations, and muster duty. "Active service", unless |
10 | | provided otherwise, includes active service without pay. |
11 | | "Active service" includes: |
12 | | (1) Reserve component voluntary active service means |
13 | | service under one of the following authorities: |
14 | | (A) any duty under 32 U.S.C. 502(f)(1)(B); |
15 | | (B) active guard reserve duty, operational |
16 | | support, or additional duty under 10 U.S.C. 12301(d) |
17 | | or 32 U.S.C. 502(f)(1)(B); |
18 | | (C) funeral honors under 10 U.S.C. 12503 or 32 |
19 | | U.S.C. 115; |
20 | | (D) duty at the National Guard Bureau under 10 |
21 | | U.S.C. 12402; |
22 | | (E) unsatisfactory participation under 10 U.S.C. |
23 | | 10148 or 10 U.S.C. 12303; |
24 | | (F) discipline under 10 U.S.C. 802(d); |
25 | | (G) extended active duty under 10 U.S.C. 12311; |
26 | | and |
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1 | | (H) reserve program administrator under 10 U.S.C. |
2 | | 10211. |
3 | | (2) Reserve component involuntary active service |
4 | | includes, but is not limited to, service under one of the |
5 | | following authorities: |
6 | | (A) annual training or drill requirements under 10 |
7 | | U.S.C. 10147, 10 U.S.C. 12301(b) or 32 U.S.C. 502(a). |
8 | | (B) additional training duty or other duty under |
9 | | 32 U.S.C. 502(f)(1)(A); |
10 | | (C) pre-planned or pre-programmed combatant |
11 | | commander support under 10 U.S.C. 12304b; |
12 | | (D) mobilization under 10 U.S.C. 12301(a) or 10 |
13 | | U.S.C. 12302; |
14 | | (E) presidential reserve call-up under 10 U.S.C. |
15 | | 12304; |
16 | | (F) emergencies and natural disasters under 10 |
17 | | U.S.C. 12304a or 14 U.S.C. 712; |
18 | | (G) muster duty under 10 U.S.C. 12319; |
19 | | (H) retiree recall under 10 U.S.C. 688; |
20 | | (I) captive status under 10 U.S.C. 12301(g); |
21 | | (J) insurrection under 10 U.S.C. 331, 10 U.S.C. |
22 | | 332, or 10 U.S.C. 12406; |
23 | | (K) pending line of duty determination for |
24 | | response to sexual assault under 10 U.S.C. 12323; and |
25 | | (L) initial active duty for training under 10 |
26 | | U.S.C. 671. |
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1 | | Reserve component active service not listed in paragraph |
2 | | (1) or (2) shall be considered involuntary active service |
3 | | under paragraph (2). |
4 | | "Active service without pay" means active service |
5 | | performed under any authority in which base pay is not |
6 | | received regardless of other allowances. |
7 | | "Annual training" means any active duty performed under |
8 | | Section 10147 or 12301(b) of Title 10 of the United States Code |
9 | | or under Section 502(a) of Title 32 of the United States Code. |
10 | | "Base pay" means the main component of military pay, |
11 | | whether active or inactive, based on rank and time in service. |
12 | | It does not include the addition of conditional funds for |
13 | | specific purposes such as allowances, incentive and special |
14 | | pay. Base pay, also known as basic pay, can be determined by |
15 | | referencing the appropriate military pay chart covering the |
16 | | time period in question located on the federal Defense Finance |
17 | | and Accounting Services website or as reflected on a federal |
18 | | Military Leave and Earnings Statement. |
19 | | "Benefits" includes, but is not limited to, the terms, |
20 | | conditions, or privileges of employment, including any |
21 | | advantage, profit, privilege, gain, status, account, or |
22 | | interest, including wages or salary for work performed, that |
23 | | accrues by reason of an employment contract or agreement or an |
24 | | employer policy, plan, or practice and includes rights and |
25 | | benefits under a pension plan, a health plan, an employee |
26 | | stock ownership plan, insurance coverage and awards, bonuses, |
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1 | | severance pay, supplemental unemployment benefits, vacations, |
2 | | and the opportunity to select work hours or location of |
3 | | employment. |
4 | | "Differential compensation" means pay due when the |
5 | | employee's daily rate of compensation for military service is |
6 | | less than his or her daily rate of compensation as a public |
7 | | employee. |
8 | | "Employee" means anyone employed by an employer. |
9 | | "Employee" includes any person who is a citizen, national, or |
10 | | permanent resident noncitizen alien of the United States |
11 | | employed in a workplace that the State has legal authority to |
12 | | regulate business and employment. "Employee" does not include |
13 | | an independent contractor. |
14 | | "Employer" means any person, institution, organization, or |
15 | | other entity that pays salary or wages for work performed or |
16 | | that has control over employment opportunities, including: |
17 | | (1) a person, institution, organization, or other |
18 | | entity to whom the employer has delegated the performance |
19 | | of employment-related responsibilities; |
20 | | (2) an employer of a public employee; |
21 | | (3) any successor in interest to a person, |
22 | | institution, organization, or other entity referred to |
23 | | under this definition; and |
24 | | (4) a person, institution, organization, or other |
25 | | entity that has been denied initial employment in |
26 | | violation of Section 5-15. |
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1 | | "Inactive duty" means inactive duty training, including |
2 | | drills, consisting of regularly scheduled unit training |
3 | | assemblies, additional training assemblies, periods of |
4 | | appropriate duty or equivalent training, and any special |
5 | | additional duties authorized for reserve component personnel |
6 | | by appropriate military authority. "Inactive duty" does not |
7 | | include active duty. |
8 | | "Military leave" means a furlough or leave of absence |
9 | | while performing active service. It cannot be substituted for |
10 | | accrued vacation, annual, or similar leave with pay except at |
11 | | the sole discretion of the service member employee. It is not a |
12 | | benefit of employment that is requested but a legal |
13 | | requirement upon receiving notice of pending military service. |
14 | | "Military service" means: |
15 | | (1) Service in the Armed Forces of the United States, |
16 | | the National Guard of any state or territory regardless of |
17 | | status, and the State Guard as defined in the State Guard |
18 | | Act. "Military service", whether active or reserve, |
19 | | includes service under the authority of U.S.C. Titles 10, |
20 | | 14, or 32, or State active duty. |
21 | | (2) Service in a federally recognized auxiliary of the |
22 | | United States Armed Forces when performing official duties |
23 | | in support of military or civilian authorities as a result |
24 | | of an emergency. |
25 | | (3) A period for which an employee is absent from a |
26 | | position of employment for the purpose of medical or |
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1 | | dental treatment for a condition, illness, or injury |
2 | | sustained or aggravated during a period of active service |
3 | | in which treatment is paid by the United States Department |
4 | | of Defense Military Health System. |
5 | | "Public employee" means any person classified as a |
6 | | full-time employee of the State of Illinois, a unit of local |
7 | | government, a public institution of higher education as |
8 | | defined in Section 1 of the Board of Higher Education Act, or a |
9 | | school district, other than an independent contractor. |
10 | | "Reserve component" means the reserve components of |
11 | | Illinois and the United States Armed Forces regardless of |
12 | | status. |
13 | | "Service member" means any person who is a member of a |
14 | | military service. |
15 | | "State active duty" means full-time State-funded military |
16 | | duty under the command and control of the Governor and subject |
17 | | to the Military Code of Illinois. |
18 | | "Unit of local government" means any city, village, town, |
19 | | county, or special district.
|
20 | | (Source: P.A. 100-1101, eff. 1-1-19 .)
|
21 | | Section 90. The Firearm Owners Identification Card Act is |
22 | | amended by changing Sections 4 and 8 as follows:
|
23 | | (430 ILCS 65/4) (from Ch. 38, par. 83-4)
|
24 | | Sec. 4. Application for Firearm Owner's Identification |
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1 | | Cards. |
2 | | (a) Each applicant for a Firearm Owner's Identification |
3 | | Card must:
|
4 | | (1) Submit an application as made available by the |
5 | | Illinois State Police; and
|
6 | | (2) Submit evidence to the Illinois State Police that:
|
7 | | (i) This subparagraph (i) applies through the |
8 | | 180th day following July 12, 2019 ( the effective date |
9 | | of Public Act 101-80) this amendatory Act of the 101st |
10 | | General Assembly . He or she is 21 years of age or over, |
11 | | or if he or she is under 21
years of age that he or she |
12 | | has the written consent of his or her parent or
legal |
13 | | guardian to possess and acquire firearms and firearm |
14 | | ammunition and that
he or she has never been convicted |
15 | | of a misdemeanor other than a traffic
offense or |
16 | | adjudged
delinquent, provided, however, that such |
17 | | parent or legal guardian is not an
individual |
18 | | prohibited from having a Firearm Owner's |
19 | | Identification Card and
files an affidavit with the |
20 | | Department as prescribed by the Department
stating |
21 | | that he or she is not an individual prohibited from |
22 | | having a Card; |
23 | | (i-5) This subparagraph (i-5) applies on and after |
24 | | the 181st day following July 12, 2019 ( the effective |
25 | | date of Public Act 101-80) this amendatory Act of the |
26 | | 101st General Assembly . He or she is 21 years of age or |
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1 | | over, or if he or she is under 21
years of age that he |
2 | | or she has never been convicted of a misdemeanor other |
3 | | than a traffic offense or adjudged delinquent and is |
4 | | an active duty member of the United States Armed |
5 | | Forces or has the written consent of his or her parent |
6 | | or
legal guardian to possess and acquire firearms and |
7 | | firearm ammunition, provided, however, that such |
8 | | parent or legal guardian is not an
individual |
9 | | prohibited from having a Firearm Owner's |
10 | | Identification Card and
files an affidavit with the |
11 | | Illinois State Police Department as prescribed by the |
12 | | Illinois State Police Department
stating that he or |
13 | | she is not an individual prohibited from having a Card |
14 | | or the active duty member of the United States Armed |
15 | | Forces under 21 years of age annually submits proof to |
16 | | the Illinois State Police, in a manner prescribed by |
17 | | the Illinois State Police Department ;
|
18 | | (ii) He or she has not been convicted of a felony |
19 | | under the laws of
this or any other jurisdiction;
|
20 | | (iii) He or she is not addicted to narcotics;
|
21 | | (iv) He or she has not been a patient in a mental |
22 | | health facility within
the past 5 years or, if he or |
23 | | she has been a patient in a mental health facility more |
24 | | than 5 years ago submit the certification required |
25 | | under subsection (u) of Section 8 of this Act;
|
26 | | (v) He or she is not a person with an intellectual |
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1 | | disability;
|
2 | | (vi) He or she is not a noncitizen an alien who is |
3 | | unlawfully present in the
United States under the laws |
4 | | of the United States;
|
5 | | (vii) He or she is not subject to an existing order |
6 | | of protection
prohibiting him or her from possessing a |
7 | | firearm;
|
8 | | (viii) He or she has not been convicted within the |
9 | | past 5 years of
battery, assault, aggravated assault, |
10 | | violation of an order of
protection, or a |
11 | | substantially similar offense in another jurisdiction, |
12 | | in
which a firearm was used or possessed;
|
13 | | (ix) He or she has not been convicted of domestic |
14 | | battery, aggravated domestic battery, or a
|
15 | | substantially similar offense in another
jurisdiction |
16 | | committed before, on or after January 1, 2012 (the |
17 | | effective date of Public Act 97-158). If the applicant |
18 | | knowingly and intelligently waives the right to have |
19 | | an offense described in this clause (ix) tried by a |
20 | | jury, and by guilty plea or otherwise, results in a |
21 | | conviction for an offense in which a domestic |
22 | | relationship is not a required element of the offense |
23 | | but in which a determination of the applicability of |
24 | | 18 U.S.C. 922(g)(9) is made under Section 112A-11.1 of |
25 | | the Code of Criminal Procedure of 1963, an entry by the |
26 | | court of a judgment of conviction for that offense |
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1 | | shall be grounds for denying the issuance of a Firearm |
2 | | Owner's Identification Card under this Section;
|
3 | | (x) (Blank);
|
4 | | (xi) He or she is not a noncitizen an alien who has |
5 | | been admitted to the United
States under a |
6 | | non-immigrant visa (as that term is defined in Section
|
7 | | 101(a)(26) of the Immigration and Nationality Act (8 |
8 | | U.S.C. 1101(a)(26))),
or that he or she is a |
9 | | noncitizen an alien who has been lawfully admitted to |
10 | | the United
States under a non-immigrant visa if that |
11 | | person 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 |
17 | | Government or the Government's
mission to an |
18 | | international organization having its |
19 | | headquarters in the United
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 |
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1 | | States on official business; or
|
2 | | (5) one who has received a waiver from the |
3 | | Attorney General of the
United States pursuant to |
4 | | 18 U.S.C. 922(y)(3);
|
5 | | (xii) He or she is not a minor subject to a |
6 | | petition filed
under Section 5-520 of the Juvenile |
7 | | Court Act of 1987 alleging that the
minor is a |
8 | | delinquent minor for the commission of an offense that |
9 | | if
committed by an adult would be a felony;
|
10 | | (xiii) He or she is not an adult who had been |
11 | | adjudicated a delinquent
minor under the Juvenile |
12 | | Court Act of 1987 for the commission of an offense
that |
13 | | if committed by an adult would be a felony;
|
14 | | (xiv) He or she is a resident of the State of |
15 | | Illinois; |
16 | | (xv) He or she has not been adjudicated as a person |
17 | | with a mental disability; |
18 | | (xvi) He or she has not been involuntarily |
19 | | admitted into a mental health facility; and |
20 | | (xvii) He or she is not a person with a |
21 | | developmental disability; and |
22 | | (3) Upon request by the Illinois State Police, sign a |
23 | | release on a
form prescribed by the Illinois State Police |
24 | | waiving any right to
confidentiality and requesting the |
25 | | disclosure to the Illinois State Police
of limited mental |
26 | | health institution admission information from another |
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1 | | state,
the District of Columbia, any other territory of |
2 | | the United States, or a
foreign nation concerning the |
3 | | applicant for the sole purpose of determining
whether the |
4 | | applicant is or was a patient in a mental health |
5 | | institution and
disqualified because of that status from |
6 | | receiving a Firearm Owner's
Identification Card. No mental |
7 | | health care or treatment records may be
requested. The |
8 | | information received shall be destroyed within one year of
|
9 | | receipt.
|
10 | | (a-5) Each applicant for a Firearm Owner's Identification |
11 | | Card who is over
the age of 18 shall furnish to the Illinois |
12 | | State Police either his or
her Illinois driver's license |
13 | | number or Illinois Identification Card number, except as
|
14 | | provided in subsection (a-10).
|
15 | | (a-10) Each applicant for a Firearm Owner's Identification |
16 | | Card,
who is employed as a law enforcement officer, an armed |
17 | | security officer in Illinois, or by the United States Military
|
18 | | permanently assigned in Illinois and who is not an Illinois |
19 | | resident, shall furnish to
the Illinois State Police his or |
20 | | her driver's license number or state
identification card |
21 | | number from his or her state of residence. The Illinois State |
22 | | Police may adopt rules to enforce the provisions of this
|
23 | | subsection (a-10).
|
24 | | (a-15) If an applicant applying for a Firearm Owner's |
25 | | Identification Card moves from the residence address named in |
26 | | the application, he or she shall immediately notify in a form |
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1 | | and manner prescribed by the Illinois State Police of that |
2 | | change of address. |
3 | | (a-20) Each applicant for a Firearm Owner's Identification |
4 | | Card shall furnish to the Illinois State Police his or her |
5 | | photograph. An applicant who is 21 years of age or older |
6 | | seeking a religious exemption to the photograph requirement |
7 | | must furnish with the application an approved copy of United |
8 | | States Department of the Treasury Internal Revenue Service |
9 | | Form 4029. In lieu of a photograph, an applicant regardless of |
10 | | age seeking a religious exemption to the photograph |
11 | | requirement shall submit fingerprints on a form and manner |
12 | | prescribed by the Illinois State Police Department with his or |
13 | | her application. |
14 | | (a-25) Beginning January 1, 2023, each applicant for the |
15 | | issuance of a Firearm Owner's Identification Card may include |
16 | | a full set of his or her fingerprints in electronic format to |
17 | | the Illinois State Police, unless the applicant has previously |
18 | | provided a full set of his or her fingerprints to the Illinois |
19 | | State Police under this Act or the Firearm Concealed Carry |
20 | | Act. |
21 | | The fingerprints must be transmitted through a live scan |
22 | | fingerprint vendor licensed by the Department of Financial and |
23 | | Professional Regulation. The fingerprints shall be checked |
24 | | against the fingerprint records now and hereafter filed in the |
25 | | Illinois State Police and Federal Bureau of Investigation |
26 | | criminal history records databases, including all available |
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1 | | State and local criminal history record information files. |
2 | | The Illinois State Police shall charge applicants a |
3 | | one-time fee for conducting the criminal history record check, |
4 | | which shall be deposited into the State Police Services Fund |
5 | | and shall not exceed the actual cost of the State and national |
6 | | criminal history record check. |
7 | | (a-26) The Illinois State Police shall research, explore, |
8 | | and report to the General Assembly by January 1, 2022 on the |
9 | | feasibility of permitting voluntarily submitted fingerprints |
10 | | obtained for purposes other than Firearm Owner's |
11 | | Identification Card enforcement that are contained in the |
12 | | Illinois State Police database for purposes of this Act. |
13 | | (b) Each application form shall include the following |
14 | | statement printed in
bold type: "Warning: Entering false |
15 | | information on an application for a Firearm
Owner's |
16 | | Identification Card is punishable as a Class 2 felony in |
17 | | accordance
with subsection (d-5) of Section 14 of the Firearm |
18 | | Owners Identification Card
Act.".
|
19 | | (c) Upon such written consent, pursuant to Section 4, |
20 | | paragraph (a)(2)(i),
the parent or legal guardian giving the |
21 | | consent shall be liable for any
damages resulting from the |
22 | | applicant's use of firearms or firearm ammunition.
|
23 | | (Source: P.A. 101-80, eff. 7-12-19; 102-237, eff. 1-1-22; |
24 | | 102-538, eff. 8-20-21; revised 10-12-21.)
|
25 | | (430 ILCS 65/8) (from Ch. 38, par. 83-8)
|
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1 | | Sec. 8. Grounds for denial and revocation. The Illinois |
2 | | State Police has authority to deny an
application for or to |
3 | | revoke and seize a Firearm Owner's Identification
Card |
4 | | previously issued under this Act only if the Illinois State |
5 | | Police Department finds that the
applicant or the person to |
6 | | whom such card was issued is or was at the time
of issuance:
|
7 | | (a) A person under 21 years of age who has been |
8 | | convicted of a
misdemeanor other than a traffic offense or |
9 | | adjudged delinquent;
|
10 | | (b) This subsection (b) applies through the 180th day |
11 | | following July 12, 2019 ( the effective date of Public Act |
12 | | 101-80) this amendatory Act of the 101st General Assembly . |
13 | | A person under 21 years of age who does not have the |
14 | | written consent
of his parent or guardian to acquire and |
15 | | possess firearms and firearm
ammunition, or whose parent |
16 | | or guardian has revoked such written consent,
or where |
17 | | such parent or guardian does not qualify to have a Firearm |
18 | | Owner's
Identification Card; |
19 | | (b-5) This subsection (b-5) applies on and after the |
20 | | 181st day following July 12, 2019 ( the effective date of |
21 | | Public Act 101-80) this amendatory Act of the 101st |
22 | | General Assembly . A person under 21 years of age who is not |
23 | | an active duty member of the United States Armed Forces |
24 | | and does not have the written consent
of his or her parent |
25 | | or guardian to acquire and possess firearms and firearm
|
26 | | ammunition, or whose parent or guardian has revoked such |
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1 | | written consent,
or where such parent or guardian does not |
2 | | qualify to have a Firearm Owner's
Identification Card;
|
3 | | (c) A person convicted of a felony under the laws of |
4 | | this or any other
jurisdiction;
|
5 | | (d) A person addicted to narcotics;
|
6 | | (e) A person who has been a patient of a mental health |
7 | | facility within the
past 5 years or a person who has been a |
8 | | patient in a mental health facility more than 5 years ago |
9 | | who has not received the certification required under |
10 | | subsection (u) of this Section. An active law enforcement |
11 | | officer employed by a unit of government or a Department |
12 | | of Corrections employee authorized to possess firearms who |
13 | | is denied, revoked, or has his or her Firearm Owner's |
14 | | Identification Card seized under this subsection (e) may |
15 | | obtain relief as described in subsection (c-5) of Section |
16 | | 10 of this Act if the officer or employee did not act in a |
17 | | manner threatening to the officer or employee, another |
18 | | person, or the public as determined by the treating |
19 | | clinical psychologist or physician, and the officer or |
20 | | employee seeks mental health treatment;
|
21 | | (f) A person whose mental condition is of such a |
22 | | nature that it poses
a clear and present danger to the |
23 | | applicant, any other person or persons , or
the community;
|
24 | | (g) A person who has an intellectual disability;
|
25 | | (h) A person who intentionally makes a false statement |
26 | | in the Firearm
Owner's Identification Card application;
|
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1 | | (i) A noncitizen An alien who is unlawfully present in
|
2 | | the United States under the laws of the United States;
|
3 | | (i-5) A noncitizen An alien who has been admitted to |
4 | | the United States under a
non-immigrant visa (as that term |
5 | | is defined in Section 101(a)(26) of the
Immigration and |
6 | | Nationality Act (8 U.S.C. 1101(a)(26))), except that this
|
7 | | subsection (i-5) does not apply to any noncitizen alien |
8 | | who has been lawfully admitted to
the United States under |
9 | | a non-immigrant visa if that person alien is:
|
10 | | (1) admitted to the United States for lawful |
11 | | hunting or sporting purposes;
|
12 | | (2) an official representative of a foreign |
13 | | government who is:
|
14 | | (A) accredited to the United States Government |
15 | | or the Government's
mission to an international |
16 | | organization having its headquarters in the United
|
17 | | States; or
|
18 | | (B) en route to or from another country to |
19 | | which that noncitizen alien is
accredited;
|
20 | | (3) an official of a foreign government or |
21 | | distinguished foreign visitor
who has been so |
22 | | designated by the Department of State;
|
23 | | (4) a foreign law enforcement officer of a |
24 | | friendly foreign government
entering the United States |
25 | | on official business; or
|
26 | | (5) one who has received a waiver from the |
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1 | | Attorney General of the United
States pursuant to 18 |
2 | | U.S.C. 922(y)(3);
|
3 | | (j) (Blank);
|
4 | | (k) A person who has been convicted within the past 5 |
5 | | years of battery,
assault, aggravated assault, violation |
6 | | of an order of protection, or a
substantially similar |
7 | | offense in another jurisdiction, in which a firearm was
|
8 | | used or possessed;
|
9 | | (l) A person who has been convicted of domestic |
10 | | battery, aggravated domestic battery, or a substantially
|
11 | | similar offense in another jurisdiction committed before, |
12 | | on or after January 1, 2012 (the effective date of Public |
13 | | Act 97-158). If the applicant or person who has been |
14 | | previously issued a Firearm Owner's Identification Card |
15 | | under this Act knowingly and intelligently waives the |
16 | | right to have an offense described in this paragraph (l) |
17 | | tried by a jury, and by guilty plea or otherwise, results |
18 | | in a conviction for an offense in which a domestic |
19 | | relationship is not a required element of the offense but |
20 | | in which a determination of the applicability of 18 U.S.C. |
21 | | 922(g)(9) is made under Section 112A-11.1 of the Code of |
22 | | Criminal Procedure of 1963, an entry by the court of a |
23 | | judgment of conviction for that offense shall be grounds |
24 | | for denying an application for and for revoking and |
25 | | seizing a Firearm Owner's Identification Card previously |
26 | | issued to the person under this Act;
|
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1 | | (m) (Blank);
|
2 | | (n) A person who is prohibited from acquiring or |
3 | | possessing
firearms or firearm ammunition by any Illinois |
4 | | State statute or by federal
law;
|
5 | | (o) A minor subject to a petition filed under Section |
6 | | 5-520 of the
Juvenile Court Act of 1987 alleging that the |
7 | | minor is a delinquent minor for
the commission of an |
8 | | offense that if committed by an adult would be a felony;
|
9 | | (p) An adult who had been adjudicated a delinquent |
10 | | minor under the Juvenile
Court Act of 1987 for the |
11 | | commission of an offense that if committed by an
adult |
12 | | would be a felony;
|
13 | | (q) A person who is not a resident of the State of |
14 | | Illinois, except as provided in subsection (a-10) of |
15 | | Section 4; |
16 | | (r) A person who has been adjudicated as a person with |
17 | | a mental disability; |
18 | | (s) A person who has been found to have a |
19 | | developmental disability; |
20 | | (t) A person involuntarily admitted into a mental |
21 | | health facility; or |
22 | | (u) A person who has had his or her Firearm Owner's |
23 | | Identification Card revoked or denied under subsection (e) |
24 | | of this Section or item (iv) of paragraph (2) of |
25 | | subsection (a) of Section 4 of this Act because he or she |
26 | | was a patient in a mental health facility as provided in |
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1 | | subsection (e) of this Section, shall not be permitted to |
2 | | obtain a Firearm Owner's Identification Card, after the |
3 | | 5-year period has lapsed, unless he or she has received a |
4 | | mental health evaluation by a physician, clinical |
5 | | psychologist, or qualified examiner as those terms are |
6 | | defined in the Mental Health and Developmental |
7 | | Disabilities Code, and has received a certification that |
8 | | he or she is not a clear and present danger to himself, |
9 | | herself, or others. The physician, clinical psychologist, |
10 | | or qualified examiner making the certification and his or |
11 | | her employer shall not be held criminally, civilly, or |
12 | | professionally liable for making or not making the |
13 | | certification required under this subsection, except for |
14 | | willful or wanton misconduct. This subsection does not |
15 | | apply to a person whose firearm possession rights have |
16 | | been restored through administrative or judicial action |
17 | | under Section 10 or 11 of this Act. |
18 | | Upon revocation of a person's Firearm Owner's |
19 | | Identification Card, the Illinois State Police shall provide |
20 | | notice to the person and the person shall comply with Section |
21 | | 9.5 of this Act. |
22 | | (Source: P.A. 101-80, eff. 7-12-19; 102-538, eff. 8-20-21; |
23 | | 102-645, eff. 1-1-22; revised 10-14-21.)
|
24 | | Section 95. The Criminal Code of 2012 is amended by |
25 | | changing Section 17-6.5 as follows:
|
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1 | | (720 ILCS 5/17-6.5)
|
2 | | Sec. 17-6.5. Persons under deportation order; |
3 | | ineligibility for benefits. |
4 | | (a) An individual against whom a United States Immigration |
5 | | Judge
has issued an order of deportation which has been |
6 | | affirmed by the Board of
Immigration Review, as well as an |
7 | | individual who appeals such an order
pending appeal, under |
8 | | paragraph 19 of Section 241(a) of the
Immigration and |
9 | | Nationality Act relating to persecution of others on
account |
10 | | of race, religion, national origin or political opinion under |
11 | | the
direction of or in association with the Nazi government of |
12 | | Germany or its
allies, shall be ineligible for the following |
13 | | benefits authorized by State law: |
14 | | (1) The homestead exemptions and homestead improvement
|
15 | | exemption under Sections 15-170, 15-175, 15-176, and |
16 | | 15-180 of the Property Tax Code. |
17 | | (2) Grants under the Senior Citizens and Persons with |
18 | | Disabilities Property Tax
Relief Act. |
19 | | (3) The double income tax exemption conferred upon |
20 | | persons 65 years of
age or older by Section 204 of the |
21 | | Illinois Income Tax Act. |
22 | | (4) Grants provided by the Department on Aging. |
23 | | (5) Reductions in vehicle registration fees under |
24 | | Section 3-806.3 of the
Illinois Vehicle Code. |
25 | | (6) Free fishing and reduced fishing license fees |
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1 | | under Sections 20-5
and 20-40 of the Fish and Aquatic Life |
2 | | Code. |
3 | | (7) Tuition free courses for senior citizens under the |
4 | | Senior Citizen
Courses Act. |
5 | | (8) Any benefits under the Illinois Public Aid Code. |
6 | | (b) If a person has been found by a court to have knowingly
|
7 | | received benefits in violation of subsection (a) and: |
8 | | (1) the total monetary value of the benefits received |
9 | | is less than $150, the person is guilty
of a Class A |
10 | | misdemeanor; a second or subsequent violation is a Class 4 |
11 | | felony; |
12 | | (2) the total monetary value of the benefits received |
13 | | is $150 or more but less than $1,000,
the person is guilty |
14 | | of a Class 4 felony; a second or subsequent violation is a |
15 | | Class 3 felony; |
16 | | (3) the total monetary value of the benefits received |
17 | | is $1,000 or more but less than $5,000,
the person is |
18 | | guilty of a Class 3 felony; a second or subsequent |
19 | | violation is a Class 2 felony; |
20 | | (4) the total monetary value of the benefits received |
21 | | is $5,000 or more but less than $10,000,
the person is |
22 | | guilty of a Class 2 felony; a second or subsequent |
23 | | violation is a Class 1 felony; or |
24 | | (5) the total monetary value of the benefits received |
25 | | is $10,000 or more, the person is guilty
of a Class 1 |
26 | | felony. |
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1 | | (c) For purposes of determining the classification of an |
2 | | offense under
this Section, all of the monetary value of the |
3 | | benefits
received as a result of the unlawful act,
practice, |
4 | | or course of conduct may be accumulated. |
5 | | (d) Any grants awarded to persons described in subsection |
6 | | (a) may be recovered by the State of Illinois in a civil action |
7 | | commenced
by the Attorney General in the circuit court of |
8 | | Sangamon County or the
State's Attorney of the county of |
9 | | residence of the person described in
subsection (a). |
10 | | (e) An individual described in subsection (a) who has been
|
11 | | deported shall be restored to any benefits which that |
12 | | individual has been
denied under State law pursuant to |
13 | | subsection (a) if (i) the Attorney
General of the United |
14 | | States has issued an order cancelling deportation and
has |
15 | | adjusted the status of the individual to that of a noncitizen |
16 | | an alien lawfully
admitted for permanent residence in the |
17 | | United States or (ii) the country
to which the individual has |
18 | | been deported adjudicates or exonerates the
individual in a |
19 | | judicial or administrative proceeding as not being guilty
of |
20 | | the persecution of others on account of race, religion, |
21 | | national origin,
or political opinion under the direction of |
22 | | or in association with the Nazi
government of Germany or its |
23 | | allies.
|
24 | | (Source: P.A. 99-143, eff. 7-27-15.)
|
25 | | Section 100. The Prevention of Cigarette and Electronic |
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| | HB5004 | - 105 - | LRB102 23330 RJF 32496 b |
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|
1 | | Cigarette Sales to Persons under 21 Years of Age Act is amended |
2 | | by changing Section 2 as follows:
|
3 | | (720 ILCS 678/2) |
4 | | Sec. 2. Definitions. For the purpose of this Act: |
5 | | "Cigarette", when used in this Act, means any roll for |
6 | | smoking made wholly or in part of tobacco irrespective of size |
7 | | or shape and whether or not the tobacco is flavored, |
8 | | adulterated, or mixed with any other ingredient, and the |
9 | | wrapper or cover of which is made of paper or any other |
10 | | substance or material except whole leaf tobacco. |
11 | | "Clear and conspicuous statement" means the statement is |
12 | | of sufficient type size to be clearly readable by the |
13 | | recipient of the communication. |
14 | | "Consumer" means an individual who acquires or seeks to |
15 | | acquire cigarettes or electronic cigarettes for personal use. |
16 | | "Delivery sale" means any sale of cigarettes or electronic |
17 | | cigarettes to a consumer if: |
18 | | (a) the consumer submits the order for such sale by |
19 | | means of a telephone or other method of voice |
20 | | transmission, the mails, or the Internet or other online |
21 | | service, or the seller is otherwise not in the physical |
22 | | presence of the buyer when the request for purchase or |
23 | | order is made; or |
24 | | (b) the cigarettes or electronic cigarettes are |
25 | | delivered by use of a common carrier, private delivery
|
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| | HB5004 | - 106 - | LRB102 23330 RJF 32496 b |
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1 | | service, or the mails, or the seller is not in the physical |
2 | | presence of the buyer when the buyer obtains possession of |
3 | | the cigarettes or electronic cigarettes. |
4 | | "Delivery service" means any person (other than a person |
5 | | that makes a delivery sale) who
delivers to the consumer the |
6 | | cigarettes or electronic cigarettes sold in a delivery sale. |
7 | | "Department" means the Department of Revenue. |
8 | | "Electronic cigarette" means: |
9 | | (1) any device that employs a battery or other |
10 | | mechanism to heat a solution or substance to produce a |
11 | | vapor or aerosol intended for inhalation; |
12 | | (2) any cartridge or container of a solution or |
13 | | substance intended to be used with or in the device or to |
14 | | refill the device; or |
15 | | (3) any solution or substance, whether or not it |
16 | | contains nicotine, intended for use in the device. |
17 | | "Electronic cigarette" includes, but is not limited to, |
18 | | any electronic nicotine delivery system, electronic cigar, |
19 | | electronic cigarillo, electronic pipe, electronic hookah, vape |
20 | | pen, or similar product or device, and any component, part, or |
21 | | accessory of a device used during the operation of the device, |
22 | | even if the part or accessory was sold separately. "Electronic |
23 | | cigarette" does not include: cigarettes, as defined in Section |
24 | | 1 of the Cigarette Tax Act; any product approved by the United |
25 | | States Food and Drug Administration for sale as a tobacco |
26 | | cessation product, a tobacco dependence product, or for other |
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| | HB5004 | - 107 - | LRB102 23330 RJF 32496 b |
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1 | | medical purposes that is marketed and sold solely for that |
2 | | approved purpose; any asthma inhaler prescribed by a physician |
3 | | for that condition that is marketed and sold solely for that |
4 | | approved purpose; any device that meets the definition of |
5 | | cannabis paraphernalia under Section 1-10 of the Cannabis |
6 | | Regulation and Tax Act; or any cannabis product sold by a |
7 | | dispensing organization pursuant to the Cannabis Regulation |
8 | | and Tax Act or the Compassionate Use of Medical Cannabis |
9 | | Program Act. |
10 | | "Government-issued identification" means a State driver's |
11 | | license, State identification card, passport, a military |
12 | | identification or an official naturalization or immigration |
13 | | document, such as a an alien registration recipient card |
14 | | (commonly known as a "green card") or an immigrant visa. |
15 | | "Mails" or "mailing" mean the shipment of cigarettes or |
16 | | electronic cigarettes through the United States Postal |
17 | | Service. |
18 | | "Out-of-state sale" means a sale of cigarettes or |
19 | | electronic cigarettes to a consumer located outside of this |
20 | | State where the consumer submits the order for such sale by |
21 | | means of a telephonic or other method of voice transmission, |
22 | | the mails or any other delivery service, facsimile |
23 | | transmission, or the Internet or other online service and |
24 | | where the cigarettes or electronic cigarettes are delivered by |
25 | | use of the mails or other delivery service. |
26 | | "Person" means any individual, corporation, partnership, |
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| | HB5004 | - 108 - | LRB102 23330 RJF 32496 b |
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1 | | limited liability company, association, or other organization |
2 | | that engages in any for-profit or not-for-profit activities. |
3 | | "Shipping package" means a container in which packs or |
4 | | cartons of cigarettes or electronic cigarettes are shipped in |
5 | | connection with a delivery sale. |
6 | | "Shipping documents" means bills of lading, air bills, or |
7 | | any other documents used to evidence the undertaking by a |
8 | | delivery service to deliver letters, packages, or other |
9 | | containers.
|
10 | | (Source: P.A. 102-575, eff. 1-1-22 .)
|
11 | | Section 105. The Code of Criminal Procedure of 1963 is |
12 | | amended by changing Section 113-8 as follows:
|
13 | | (725 ILCS 5/113-8)
|
14 | | Sec. 113-8. Advisement concerning status as a noncitizen |
15 | | an alien . |
16 | | (a) Before the acceptance of a plea of guilty, guilty but |
17 | | mentally ill, or
nolo contendere to a misdemeanor or felony
|
18 | | offense, the court shall give the following advisement to the |
19 | | defendant in open
court:
|
20 | | "If you are not a citizen of the United States, you are |
21 | | hereby advised that
conviction of the offense for which you
|
22 | | have been charged may have the consequence of deportation, |
23 | | exclusion from
admission to the United States, or denial of
|
24 | | naturalization under the laws of the United States.".
|
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| | HB5004 | - 109 - | LRB102 23330 RJF 32496 b |
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1 | | (b) If the defendant is arraigned on or after the |
2 | | effective date of this amendatory Act of the 101st General |
3 | | Assembly, and the court fails to advise the defendant as |
4 | | required by subsection (a) of this Section, and the defendant |
5 | | shows that conviction of the offense to which the defendant |
6 | | pleaded guilty, guilty but mentally ill, or nolo contendere |
7 | | may have the consequence for the defendant of deportation, |
8 | | exclusion from admission to the United States, or denial of |
9 | | naturalization under the laws of the United States, the court, |
10 | | upon the defendant's motion, shall vacate the judgment and |
11 | | permit the defendant to withdraw the plea of guilty, guilty |
12 | | but mentally ill, or nolo contendere and enter a plea of not |
13 | | guilty. The motion
shall be filed within 2 years of the date of |
14 | | the defendant's
conviction. |
15 | | (Source: P.A. 101-409, eff. 1-1-20 .)
|
16 | | Section 110. The Unified Code of Corrections is amended by |
17 | | changing Sections 3-2-2 and 5-5-3 as follows:
|
18 | | (730 ILCS 5/3-2-2) (from Ch. 38, par. 1003-2-2)
|
19 | | Sec. 3-2-2. Powers and duties of the Department.
|
20 | | (1) In addition to the powers, duties, and |
21 | | responsibilities which are
otherwise provided by law, the |
22 | | Department shall have the following powers:
|
23 | | (a) To accept persons committed to it by the courts of |
24 | | this State for
care, custody, treatment , and |
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|
1 | | rehabilitation, and to accept federal prisoners and |
2 | | noncitizens aliens over whom the Office of the Federal |
3 | | Detention Trustee is authorized to exercise the federal |
4 | | detention function for limited purposes and periods of |
5 | | time.
|
6 | | (b) To develop and maintain reception and evaluation |
7 | | units for purposes
of analyzing the custody and |
8 | | rehabilitation needs of persons committed to
it and to |
9 | | assign such persons to institutions and programs under its |
10 | | control
or transfer them to other appropriate agencies. In |
11 | | consultation with the
Department of Alcoholism and |
12 | | Substance Abuse (now the Department of Human
Services), |
13 | | the Department of Corrections
shall develop a master plan |
14 | | for the screening and evaluation of persons
committed to |
15 | | its custody who have alcohol or drug abuse problems, and |
16 | | for
making appropriate treatment available to such |
17 | | persons; the Department
shall report to the General |
18 | | Assembly on such plan not later than April 1,
1987. The |
19 | | maintenance and implementation of such plan shall be |
20 | | contingent
upon the availability of funds.
|
21 | | (b-1) To create and implement, on January 1, 2002, a |
22 | | pilot
program to
establish the effectiveness of |
23 | | pupillometer technology (the measurement of the
pupil's
|
24 | | reaction to light) as an alternative to a urine test for |
25 | | purposes of screening
and evaluating
persons committed to |
26 | | its custody who have alcohol or drug problems. The
pilot |
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|
1 | | program shall require the pupillometer technology to be |
2 | | used in at
least one Department of
Corrections facility. |
3 | | The Director may expand the pilot program to include an
|
4 | | additional facility or
facilities as he or she deems |
5 | | appropriate.
A minimum of 4,000 tests shall be included in |
6 | | the pilot program.
The
Department must report to the
|
7 | | General Assembly on the
effectiveness of the program by |
8 | | January 1, 2003.
|
9 | | (b-5) To develop, in consultation with the Illinois |
10 | | State Police, a
program for tracking and evaluating each |
11 | | inmate from commitment through release
for recording his |
12 | | or her gang affiliations, activities, or ranks.
|
13 | | (c) To maintain and administer all State correctional |
14 | | institutions and
facilities under its control and to |
15 | | establish new ones as needed. Pursuant
to its power to |
16 | | establish new institutions and facilities, the Department
|
17 | | may, with the written approval of the Governor, authorize |
18 | | the Department of
Central Management Services to enter |
19 | | into an agreement of the type
described in subsection (d) |
20 | | of Section 405-300 of the
Department
of Central Management |
21 | | Services Law. The Department shall
designate those |
22 | | institutions which
shall constitute the State Penitentiary |
23 | | System. The Department of Juvenile Justice shall maintain |
24 | | and administer all State youth centers pursuant to |
25 | | subsection (d) of Section 3-2.5-20.
|
26 | | Pursuant to its power to establish new institutions |
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1 | | and facilities, the
Department may authorize the |
2 | | Department of Central Management Services to
accept bids |
3 | | from counties and municipalities for the construction,
|
4 | | remodeling , or conversion of a structure to be leased to |
5 | | the Department of
Corrections for the purposes of its |
6 | | serving as a correctional institution
or facility. Such |
7 | | construction, remodeling , or conversion may be financed
|
8 | | with revenue bonds issued pursuant to the Industrial |
9 | | Building Revenue Bond
Act by the municipality or county. |
10 | | The lease specified in a bid shall be
for a term of not |
11 | | less than the time needed to retire any revenue bonds
used |
12 | | to finance the project, but not to exceed 40 years. The |
13 | | lease may
grant to the State the option to purchase the |
14 | | structure outright.
|
15 | | Upon receipt of the bids, the Department may certify |
16 | | one or more of the
bids and shall submit any such bids to |
17 | | the General Assembly for approval.
Upon approval of a bid |
18 | | by a constitutional majority of both houses of the
General |
19 | | Assembly, pursuant to joint resolution, the Department of |
20 | | Central
Management Services may enter into an agreement |
21 | | with the county or
municipality pursuant to such bid.
|
22 | | (c-5) To build and maintain regional juvenile |
23 | | detention centers and to
charge a per diem to the counties |
24 | | as established by the Department to defray
the costs of |
25 | | housing each minor in a center. In this subsection (c-5),
|
26 | | "juvenile
detention center" means a facility to house |
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|
1 | | minors during pendency of trial who
have been transferred |
2 | | from proceedings under the Juvenile Court Act of 1987 to
|
3 | | prosecutions under the criminal laws of this State in |
4 | | accordance with Section
5-805 of the Juvenile Court Act of |
5 | | 1987, whether the transfer was by operation
of
law or |
6 | | permissive under that Section. The Department shall |
7 | | designate the
counties to be served by each regional |
8 | | juvenile detention center.
|
9 | | (d) To develop and maintain programs of control, |
10 | | rehabilitation , and
employment of committed persons within |
11 | | its institutions.
|
12 | | (d-5) To provide a pre-release job preparation program |
13 | | for inmates at Illinois adult correctional centers.
|
14 | | (d-10) To provide educational and visitation |
15 | | opportunities to committed persons within its institutions |
16 | | through temporary access to content-controlled tablets |
17 | | that may be provided as a privilege to committed persons |
18 | | to induce or reward compliance. |
19 | | (e) To establish a system of supervision and guidance |
20 | | of committed persons
in the community.
|
21 | | (f) To establish in cooperation with the Department of |
22 | | Transportation
to supply a sufficient number of prisoners |
23 | | for use by the Department of
Transportation to clean up |
24 | | the trash and garbage along State, county,
township, or |
25 | | municipal highways as designated by the Department of
|
26 | | Transportation. The Department of Corrections, at the |
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|
1 | | request of the
Department of Transportation, shall furnish |
2 | | such prisoners at least
annually for a period to be agreed |
3 | | upon between the Director of
Corrections and the Secretary |
4 | | of Transportation. The prisoners used on this
program |
5 | | shall be selected by the Director of Corrections on |
6 | | whatever basis
he deems proper in consideration of their |
7 | | term, behavior and earned eligibility
to participate in |
8 | | such program - where they will be outside of the prison
|
9 | | facility but still in the custody of the Department of |
10 | | Corrections. Prisoners
convicted of first degree murder, |
11 | | or a Class X felony, or armed violence, or
aggravated |
12 | | kidnapping, or criminal sexual assault, aggravated |
13 | | criminal sexual
abuse or a subsequent conviction for |
14 | | criminal sexual abuse, or forcible
detention, or arson, or |
15 | | a prisoner adjudged a Habitual Criminal shall not be
|
16 | | eligible for selection to participate in such program. The |
17 | | prisoners shall
remain as prisoners in the custody of the |
18 | | Department of Corrections and such
Department shall |
19 | | furnish whatever security is necessary. The Department of
|
20 | | Transportation shall furnish trucks and equipment for the |
21 | | highway cleanup
program and personnel to supervise and |
22 | | direct the program. Neither the
Department of Corrections |
23 | | nor the Department of Transportation shall replace
any |
24 | | regular employee with a prisoner.
|
25 | | (g) To maintain records of persons committed to it and |
26 | | to establish
programs of research, statistics , and |
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1 | | planning.
|
2 | | (h) To investigate the grievances of any person |
3 | | committed to the
Department and to inquire into any |
4 | | alleged misconduct by employees
or committed persons; and |
5 | | for
these purposes it may issue subpoenas and compel the |
6 | | attendance of witnesses
and the production of writings and |
7 | | papers, and may examine under oath any
witnesses who may |
8 | | appear before it; to also investigate alleged violations
|
9 | | of a parolee's or releasee's conditions of parole or |
10 | | release; and for this
purpose it may issue subpoenas and |
11 | | compel the attendance of witnesses and
the production of |
12 | | documents only if there is reason to believe that such
|
13 | | procedures would provide evidence that such violations |
14 | | have occurred.
|
15 | | If any person fails to obey a subpoena issued under |
16 | | this subsection,
the Director may apply to any circuit |
17 | | court to secure compliance with the
subpoena. The failure |
18 | | to comply with the order of the court issued in
response |
19 | | thereto shall be punishable as contempt of court.
|
20 | | (i) To appoint and remove the chief administrative |
21 | | officers, and
administer
programs of training and |
22 | | development of personnel of the Department. Personnel
|
23 | | assigned by the Department to be responsible for the
|
24 | | custody and control of committed persons or to investigate |
25 | | the alleged
misconduct of committed persons or employees |
26 | | or alleged violations of a
parolee's or releasee's |
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1 | | conditions of parole shall be conservators of the peace
|
2 | | for those purposes, and shall have the full power of peace |
3 | | officers outside
of the facilities of the Department in |
4 | | the protection, arrest, retaking ,
and reconfining of |
5 | | committed persons or where the exercise of such power
is |
6 | | necessary to the investigation of such misconduct or |
7 | | violations. This subsection shall not apply to persons |
8 | | committed to the Department of Juvenile Justice under the |
9 | | Juvenile Court Act of 1987 on aftercare release.
|
10 | | (j) To cooperate with other departments and agencies |
11 | | and with local
communities for the development of |
12 | | standards and programs for better
correctional services in |
13 | | this State.
|
14 | | (k) To administer all moneys and properties of the |
15 | | Department.
|
16 | | (l) To report annually to the Governor on the |
17 | | committed
persons, institutions , and programs of the |
18 | | Department.
|
19 | | (l-5) (Blank).
|
20 | | (m) To make all rules and regulations and exercise all |
21 | | powers and duties
vested by law in the Department.
|
22 | | (n) To establish rules and regulations for |
23 | | administering a system of
sentence credits, established in |
24 | | accordance with Section 3-6-3, subject
to review by the |
25 | | Prisoner Review Board.
|
26 | | (o) To administer the distribution of funds
from the |
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|
1 | | State Treasury to reimburse counties where State penal
|
2 | | institutions are located for the payment of assistant |
3 | | state's attorneys'
salaries under Section 4-2001 of the |
4 | | Counties Code.
|
5 | | (p) To exchange information with the Department of |
6 | | Human Services and the
Department of Healthcare and Family |
7 | | Services
for the purpose of verifying living arrangements |
8 | | and for other purposes
directly connected with the |
9 | | administration of this Code and the Illinois
Public Aid |
10 | | Code.
|
11 | | (q) To establish a diversion program.
|
12 | | The program shall provide a structured environment for |
13 | | selected
technical parole or mandatory supervised release |
14 | | violators and committed
persons who have violated the |
15 | | rules governing their conduct while in work
release. This |
16 | | program shall not apply to those persons who have |
17 | | committed
a new offense while serving on parole or |
18 | | mandatory supervised release or
while committed to work |
19 | | release.
|
20 | | Elements of the program shall include, but shall not |
21 | | be limited to, the
following:
|
22 | | (1) The staff of a diversion facility shall |
23 | | provide supervision in
accordance with required |
24 | | objectives set by the facility.
|
25 | | (2) Participants shall be required to maintain |
26 | | employment.
|
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1 | | (3) Each participant shall pay for room and board |
2 | | at the facility on a
sliding-scale basis according to |
3 | | the participant's income.
|
4 | | (4) Each participant shall:
|
5 | | (A) provide restitution to victims in |
6 | | accordance with any court order;
|
7 | | (B) provide financial support to his |
8 | | dependents; and
|
9 | | (C) make appropriate payments toward any other |
10 | | court-ordered
obligations.
|
11 | | (5) Each participant shall complete community |
12 | | service in addition to
employment.
|
13 | | (6) Participants shall take part in such |
14 | | counseling, educational , and
other programs as the |
15 | | Department may deem appropriate.
|
16 | | (7) Participants shall submit to drug and alcohol |
17 | | screening.
|
18 | | (8) The Department shall promulgate rules |
19 | | governing the administration
of the program.
|
20 | | (r) To enter into intergovernmental cooperation |
21 | | agreements under which
persons in the custody of the |
22 | | Department may participate in a county impact
|
23 | | incarceration program established under Section 3-6038 or |
24 | | 3-15003.5 of the
Counties Code.
|
25 | | (r-5) (Blank).
|
26 | | (r-10) To systematically and routinely identify with |
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|
1 | | respect to each
streetgang active within the correctional |
2 | | system: (1) each active gang; (2)
every existing |
3 | | inter-gang affiliation or alliance; and (3) the current |
4 | | leaders
in each gang. The Department shall promptly |
5 | | segregate leaders from inmates who
belong to their gangs |
6 | | and allied gangs. "Segregate" means no physical contact
|
7 | | and, to the extent possible under the conditions and space |
8 | | available at the
correctional facility, prohibition of |
9 | | visual and sound communication. For the
purposes of this |
10 | | paragraph (r-10), "leaders" means persons who:
|
11 | | (i) are members of a criminal streetgang;
|
12 | | (ii) with respect to other individuals within the |
13 | | streetgang, occupy a
position of organizer, |
14 | | supervisor, or other position of management or
|
15 | | leadership; and
|
16 | | (iii) are actively and personally engaged in |
17 | | directing, ordering,
authorizing, or requesting |
18 | | commission of criminal acts by others, which are
|
19 | | punishable as a felony, in furtherance of streetgang |
20 | | related activity both
within and outside of the |
21 | | Department of Corrections.
|
22 | | "Streetgang", "gang", and "streetgang related" have the |
23 | | meanings ascribed to
them in Section 10 of the Illinois |
24 | | Streetgang Terrorism Omnibus Prevention
Act.
|
25 | | (s) To operate a super-maximum security institution, |
26 | | in order to
manage and
supervise inmates who are |
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|
1 | | disruptive or dangerous and provide for the safety
and |
2 | | security of the staff and the other inmates.
|
3 | | (t) To monitor any unprivileged conversation or any |
4 | | unprivileged
communication, whether in person or by mail, |
5 | | telephone, or other means,
between an inmate who, before |
6 | | commitment to the Department, was a member of an
organized |
7 | | gang and any other person without the need to show cause or |
8 | | satisfy
any other requirement of law before beginning the |
9 | | monitoring, except as
constitutionally required. The |
10 | | monitoring may be by video, voice, or other
method of |
11 | | recording or by any other means. As used in this |
12 | | subdivision (1)(t),
"organized gang" has the meaning |
13 | | ascribed to it in Section 10 of the Illinois
Streetgang |
14 | | Terrorism Omnibus Prevention Act.
|
15 | | As used in this subdivision (1)(t), "unprivileged |
16 | | conversation" or
"unprivileged communication" means a |
17 | | conversation or communication that is not
protected by any |
18 | | privilege recognized by law or by decision, rule, or order |
19 | | of
the Illinois Supreme Court.
|
20 | | (u) To establish a Women's and Children's Pre-release |
21 | | Community
Supervision
Program for the purpose of providing |
22 | | housing and services to eligible female
inmates, as |
23 | | determined by the Department, and their newborn and young
|
24 | | children.
|
25 | | (u-5) To issue an order, whenever a person committed |
26 | | to the Department absconds or absents himself or herself, |
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|
1 | | without authority to do so, from any facility or program |
2 | | to which he or she is assigned. The order shall be |
3 | | certified by the Director, the Supervisor of the |
4 | | Apprehension Unit, or any person duly designated by the |
5 | | Director, with the seal of the Department affixed. The |
6 | | order shall be directed to all sheriffs, coroners, and |
7 | | police officers, or to any particular person named in the |
8 | | order. Any order issued pursuant to this subdivision |
9 | | (1)(u-5) shall be sufficient warrant for the officer or |
10 | | person named in the order to arrest and deliver the |
11 | | committed person to the proper correctional officials and |
12 | | shall be executed the same as criminal process. |
13 | | (u-6) To appoint a point of contact person who shall
|
14 | | receive suggestions, complaints, or other requests to the
|
15 | | Department from visitors to Department institutions or
|
16 | | facilities and from other members of the public. |
17 | | (v) To do all other acts necessary to carry out the |
18 | | provisions
of this Chapter.
|
19 | | (2) The Department of Corrections shall by January 1, |
20 | | 1998, consider
building and operating a correctional facility |
21 | | within 100 miles of a county of
over 2,000,000 inhabitants, |
22 | | especially a facility designed to house juvenile
participants |
23 | | in the impact incarceration program.
|
24 | | (3) When the Department lets bids for contracts for |
25 | | medical
services to be provided to persons committed to |
26 | | Department facilities by
a health maintenance organization, |
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1 | | medical service corporation, or other
health care provider, |
2 | | the bid may only be let to a health care provider
that has |
3 | | obtained an irrevocable letter of credit or performance bond
|
4 | | issued by a company whose bonds have an investment grade or |
5 | | higher rating by a bond rating
organization.
|
6 | | (4) When the Department lets bids for
contracts for food |
7 | | or commissary services to be provided to
Department |
8 | | facilities, the bid may only be let to a food or commissary
|
9 | | services provider that has obtained an irrevocable letter of
|
10 | | credit or performance bond issued by a company whose bonds |
11 | | have an investment grade or higher rating by a bond rating |
12 | | organization.
|
13 | | (5) On and after the date 6 months after August 16, 2013 |
14 | | (the effective date of Public Act 98-488), as provided in the |
15 | | Executive Order 1 (2012) Implementation Act, all of the |
16 | | powers, duties, rights, and responsibilities related to State |
17 | | healthcare purchasing under this Code that were transferred |
18 | | from the Department of Corrections to the Department of |
19 | | Healthcare and Family Services by Executive Order 3 (2005) are |
20 | | transferred back to the Department of Corrections; however, |
21 | | powers, duties, rights, and responsibilities related to State |
22 | | healthcare purchasing under this Code that were exercised by |
23 | | the Department of Corrections before the effective date of |
24 | | Executive Order 3 (2005) but that pertain to individuals |
25 | | resident in facilities operated by the Department of Juvenile |
26 | | Justice are transferred to the Department of Juvenile Justice. |
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1 | | (Source: P.A. 101-235, eff. 1-1-20; 102-350, eff. 8-13-21; |
2 | | 102-535, eff. 1-1-22; 102-538, eff. 8-20-21; revised |
3 | | 10-15-21.)
|
4 | | (730 ILCS 5/5-5-3)
|
5 | | Sec. 5-5-3. Disposition.
|
6 | | (a) (Blank).
|
7 | | (b) (Blank).
|
8 | | (c) (1) (Blank).
|
9 | | (2) A period of probation, a term of periodic imprisonment |
10 | | or
conditional discharge shall not be imposed for the |
11 | | following offenses.
The court shall sentence the offender to |
12 | | not less than the minimum term
of imprisonment set forth in |
13 | | this Code for the following offenses, and
may order a fine or |
14 | | restitution or both in conjunction with such term of
|
15 | | imprisonment:
|
16 | | (A) First degree murder where the death penalty is not |
17 | | imposed.
|
18 | | (B) Attempted first degree murder.
|
19 | | (C) A Class X felony.
|
20 | | (D) A violation of Section 401.1 or 407 of the
|
21 | | Illinois Controlled Substances Act, or a violation of |
22 | | subdivision (c)(1.5) of
Section 401 of that Act which |
23 | | relates to more than 5 grams of a substance
containing |
24 | | fentanyl or an analog thereof.
|
25 | | (D-5) A violation of subdivision (c)(1) of
Section 401 |
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1 | | of the Illinois Controlled Substances Act which relates to |
2 | | 3 or more grams of a substance
containing heroin or an |
3 | | analog thereof. |
4 | | (E) (Blank).
|
5 | | (F) A Class 1 or greater felony if the offender had |
6 | | been convicted
of a Class 1 or greater felony, including |
7 | | any state or federal conviction for an offense that |
8 | | contained, at the time it was committed, the same elements |
9 | | as an offense now (the date of the offense committed after |
10 | | the prior Class 1 or greater felony) classified as a Class |
11 | | 1 or greater felony, within 10 years of the date on which |
12 | | the
offender
committed the offense for which he or she is |
13 | | being sentenced, except as
otherwise provided in Section |
14 | | 40-10 of the Substance Use Disorder Act.
|
15 | | (F-3) A Class 2 or greater felony sex offense or |
16 | | felony firearm offense if the offender had been convicted |
17 | | of a Class 2 or greater felony, including any state or |
18 | | federal conviction for an offense that contained, at the |
19 | | time it was committed, the same elements as an offense now |
20 | | (the date of the offense committed after the prior Class 2 |
21 | | or greater felony) classified as a Class 2 or greater |
22 | | felony, within 10 years of the date on which the offender |
23 | | committed the offense for which he or she is being |
24 | | sentenced, except as otherwise provided in Section 40-10 |
25 | | of the Substance Use Disorder Act. |
26 | | (F-5) A violation of Section 24-1, 24-1.1, or 24-1.6 |
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1 | | of the Criminal Code of 1961 or the Criminal Code of 2012 |
2 | | for which imprisonment is prescribed in those Sections. |
3 | | (G) Residential burglary, except as otherwise provided |
4 | | in Section 40-10
of the Substance Use Disorder Act.
|
5 | | (H) Criminal sexual assault.
|
6 | | (I) Aggravated battery of a senior citizen as |
7 | | described in Section 12-4.6 or subdivision (a)(4) of |
8 | | Section 12-3.05 of the Criminal Code of 1961 or the |
9 | | Criminal Code of 2012.
|
10 | | (J) A forcible felony if the offense was related to |
11 | | the activities of an
organized gang.
|
12 | | Before July 1, 1994, for the purposes of this |
13 | | paragraph, "organized
gang" means an association of 5 or |
14 | | more persons, with an established hierarchy,
that |
15 | | encourages members of the association to perpetrate crimes |
16 | | or provides
support to the members of the association who |
17 | | do commit crimes.
|
18 | | Beginning July 1, 1994, for the purposes of this |
19 | | paragraph,
"organized gang" has the meaning ascribed to it |
20 | | in Section 10 of the Illinois
Streetgang Terrorism Omnibus |
21 | | Prevention Act.
|
22 | | (K) Vehicular hijacking.
|
23 | | (L) A second or subsequent conviction for the offense |
24 | | of hate crime
when the underlying offense upon which the |
25 | | hate crime is based is felony
aggravated
assault or felony |
26 | | mob action.
|
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1 | | (M) A second or subsequent conviction for the offense |
2 | | of institutional
vandalism if the damage to the property |
3 | | exceeds $300.
|
4 | | (N) A Class 3 felony violation of paragraph (1) of |
5 | | subsection (a) of
Section 2 of the Firearm Owners |
6 | | Identification Card Act.
|
7 | | (O) A violation of Section 12-6.1 or 12-6.5 of the |
8 | | Criminal Code of 1961 or the Criminal Code of 2012.
|
9 | | (P) A violation of paragraph (1), (2), (3), (4), (5), |
10 | | or (7) of
subsection (a)
of Section 11-20.1 of the |
11 | | Criminal Code of 1961 or the Criminal Code of 2012.
|
12 | | (P-5) A violation of paragraph (6) of subsection (a) |
13 | | of
Section 11-20.1 of the Criminal Code of 1961 or the
|
14 | | Criminal Code of 2012 if the victim is a household or
|
15 | | family member of the defendant. |
16 | | (Q) A violation of subsection (b) or (b-5) of Section |
17 | | 20-1, Section 20-1.2, or Section 20-1.3 of the Criminal |
18 | | Code of
1961 or the Criminal Code of 2012.
|
19 | | (R) A violation of Section 24-3A of the Criminal Code |
20 | | of
1961 or the Criminal Code of 2012.
|
21 | | (S) (Blank).
|
22 | | (T) (Blank).
|
23 | | (U) A second or subsequent violation of Section 6-303 |
24 | | of the Illinois Vehicle Code committed while his or her |
25 | | driver's license, permit, or privilege was revoked because |
26 | | of a violation of Section 9-3 of the Criminal Code of 1961 |
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1 | | or the Criminal Code of 2012, relating to the offense of |
2 | | reckless homicide, or a similar provision of a law of |
3 | | another state.
|
4 | | (V)
A violation of paragraph (4) of subsection (c) of |
5 | | Section 11-20.1B or paragraph (4) of subsection (c) of |
6 | | Section 11-20.3 of the Criminal Code of 1961, or paragraph |
7 | | (6) of subsection (a) of Section 11-20.1 of the Criminal |
8 | | Code of 2012 when the victim is under 13 years of age and |
9 | | the defendant has previously been convicted under the laws |
10 | | of this State or any other state of the offense of child |
11 | | pornography, aggravated child pornography, aggravated |
12 | | criminal sexual abuse, aggravated criminal sexual assault, |
13 | | predatory criminal sexual assault of a child, or any of |
14 | | the offenses formerly known as rape, deviate sexual |
15 | | assault, indecent liberties with a child, or aggravated |
16 | | indecent liberties with a child where the victim was under |
17 | | the age of 18 years or an offense that is substantially |
18 | | equivalent to those offenses. |
19 | | (W) A violation of Section 24-3.5 of the Criminal Code |
20 | | of 1961 or the Criminal Code of 2012.
|
21 | | (X) A violation of subsection (a) of Section 31-1a of |
22 | | the Criminal Code of 1961 or the Criminal Code of 2012. |
23 | | (Y) A conviction for unlawful possession of a firearm |
24 | | by a street gang member when the firearm was loaded or |
25 | | contained firearm ammunition. |
26 | | (Z) A Class 1 felony committed while he or she was |
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1 | | serving a term of probation or conditional discharge for a |
2 | | felony. |
3 | | (AA) Theft of property exceeding $500,000 and not |
4 | | exceeding $1,000,000 in value. |
5 | | (BB) Laundering of criminally derived property of a |
6 | | value exceeding
$500,000. |
7 | | (CC) Knowingly selling, offering for sale, holding for |
8 | | sale, or using 2,000 or more counterfeit items or |
9 | | counterfeit items having a retail value in the aggregate |
10 | | of $500,000 or more. |
11 | | (DD) A conviction for aggravated assault under |
12 | | paragraph (6) of subsection (c) of Section 12-2 of the |
13 | | Criminal Code of 1961 or the Criminal Code of 2012 if the |
14 | | firearm is aimed toward the person against whom the |
15 | | firearm is being used. |
16 | | (EE) A conviction for a violation of paragraph (2) of |
17 | | subsection (a) of Section 24-3B of the Criminal Code of |
18 | | 2012. |
19 | | (3) (Blank).
|
20 | | (4) A minimum term of imprisonment of not less than 10
|
21 | | consecutive days or 30 days of community service shall be |
22 | | imposed for a
violation of paragraph (c) of Section 6-303 of |
23 | | the Illinois Vehicle Code.
|
24 | | (4.1) (Blank).
|
25 | | (4.2) Except as provided in paragraphs (4.3) and (4.8) of |
26 | | this subsection (c), a
minimum of
100 hours of community |
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1 | | service shall be imposed for a second violation of
Section |
2 | | 6-303
of the Illinois Vehicle Code.
|
3 | | (4.3) A minimum term of imprisonment of 30 days or 300 |
4 | | hours of community
service, as determined by the court, shall
|
5 | | be imposed for a second violation of subsection (c) of Section |
6 | | 6-303 of the
Illinois Vehicle Code.
|
7 | | (4.4) Except as provided in paragraphs
(4.5), (4.6), and |
8 | | (4.9) of this
subsection (c), a
minimum term of imprisonment |
9 | | of 30 days or 300 hours of community service, as
determined by |
10 | | the court, shall
be imposed
for a third or subsequent |
11 | | violation of Section 6-303 of the Illinois Vehicle
Code. The |
12 | | court may give credit toward the fulfillment of community |
13 | | service hours for participation in activities and treatment as |
14 | | determined by court services.
|
15 | | (4.5) A minimum term of imprisonment of 30 days
shall be |
16 | | imposed for a third violation of subsection (c) of
Section |
17 | | 6-303 of the Illinois Vehicle Code.
|
18 | | (4.6) Except as provided in paragraph (4.10) of this |
19 | | subsection (c), a minimum term of imprisonment of 180 days |
20 | | shall be imposed for a
fourth or subsequent violation of |
21 | | subsection (c) of Section 6-303 of the
Illinois Vehicle Code.
|
22 | | (4.7) A minimum term of imprisonment of not less than 30 |
23 | | consecutive days, or 300 hours of community service, shall be |
24 | | imposed for a violation of subsection (a-5) of Section 6-303 |
25 | | of the Illinois Vehicle Code, as provided in subsection (b-5) |
26 | | of that Section.
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1 | | (4.8) A mandatory prison sentence shall be imposed for a |
2 | | second violation of subsection (a-5) of Section 6-303 of the |
3 | | Illinois Vehicle Code, as provided in subsection (c-5) of that |
4 | | Section. The person's driving privileges shall be revoked for |
5 | | a period of not less than 5 years from the date of his or her |
6 | | release from prison.
|
7 | | (4.9) A mandatory prison sentence of not less than 4 and |
8 | | not more than 15 years shall be imposed for a third violation |
9 | | of subsection (a-5) of Section 6-303 of the Illinois Vehicle |
10 | | Code, as provided in subsection (d-2.5) of that Section. The |
11 | | person's driving privileges shall be revoked for the remainder |
12 | | of his or her life.
|
13 | | (4.10) A mandatory prison sentence for a Class 1 felony |
14 | | shall be imposed, and the person shall be eligible for an |
15 | | extended term sentence, for a fourth or subsequent violation |
16 | | of subsection (a-5) of Section 6-303 of the Illinois Vehicle |
17 | | Code, as provided in subsection (d-3.5) of that Section. The |
18 | | person's driving privileges shall be revoked for the remainder |
19 | | of his or her life.
|
20 | | (5) The court may sentence a corporation or unincorporated
|
21 | | association convicted of any offense to:
|
22 | | (A) a period of conditional discharge;
|
23 | | (B) a fine;
|
24 | | (C) make restitution to the victim under Section 5-5-6 |
25 | | of this Code.
|
26 | | (5.1) In addition to any other penalties imposed, and |
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1 | | except as provided in paragraph (5.2) or (5.3), a person
|
2 | | convicted of violating subsection (c) of Section 11-907 of the |
3 | | Illinois
Vehicle Code shall have his or her driver's license, |
4 | | permit, or privileges
suspended for at least 90 days but not |
5 | | more than one year, if the violation
resulted in damage to the |
6 | | property of another person.
|
7 | | (5.2) In addition to any other penalties imposed, and |
8 | | except as provided in paragraph (5.3), a person convicted
of |
9 | | violating subsection (c) of Section 11-907 of the Illinois |
10 | | Vehicle Code
shall have his or her driver's license, permit, |
11 | | or privileges suspended for at
least 180 days but not more than |
12 | | 2 years, if the violation resulted in injury
to
another |
13 | | person.
|
14 | | (5.3) In addition to any other penalties imposed, a person |
15 | | convicted of violating subsection (c) of Section
11-907 of the |
16 | | Illinois Vehicle Code shall have his or her driver's license,
|
17 | | permit, or privileges suspended for 2 years, if the violation |
18 | | resulted in the
death of another person.
|
19 | | (5.4) In addition to any other penalties imposed, a person |
20 | | convicted of violating Section 3-707 of the Illinois Vehicle |
21 | | Code shall have his or her driver's license, permit, or |
22 | | privileges suspended for 3 months and until he or she has paid |
23 | | a reinstatement fee of $100. |
24 | | (5.5) In addition to any other penalties imposed, a person |
25 | | convicted of violating Section 3-707 of the Illinois Vehicle |
26 | | Code during a period in which his or her driver's license, |
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1 | | permit, or privileges were suspended for a previous violation |
2 | | of that Section shall have his or her driver's license, |
3 | | permit, or privileges suspended for an additional 6 months |
4 | | after the expiration of the original 3-month suspension and |
5 | | until he or she has paid a reinstatement fee of $100.
|
6 | | (6) (Blank).
|
7 | | (7) (Blank).
|
8 | | (8) (Blank).
|
9 | | (9) A defendant convicted of a second or subsequent |
10 | | offense of ritualized
abuse of a child may be sentenced to a |
11 | | term of natural life imprisonment.
|
12 | | (10) (Blank).
|
13 | | (11) The court shall impose a minimum fine of $1,000 for a |
14 | | first offense
and $2,000 for a second or subsequent offense |
15 | | upon a person convicted of or
placed on supervision for |
16 | | battery when the individual harmed was a sports
official or |
17 | | coach at any level of competition and the act causing harm to |
18 | | the
sports
official or coach occurred within an athletic |
19 | | facility or within the immediate vicinity
of the athletic |
20 | | facility at which the sports official or coach was an active
|
21 | | participant
of the athletic contest held at the athletic |
22 | | facility. For the purposes of
this paragraph (11), "sports |
23 | | official" means a person at an athletic contest
who enforces |
24 | | the rules of the contest, such as an umpire or referee; |
25 | | "athletic facility" means an indoor or outdoor playing field |
26 | | or recreational area where sports activities are conducted;
|
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1 | | and "coach" means a person recognized as a coach by the |
2 | | sanctioning
authority that conducted the sporting event. |
3 | | (12) A person may not receive a disposition of court |
4 | | supervision for a
violation of Section 5-16 of the Boat |
5 | | Registration and Safety Act if that
person has previously |
6 | | received a disposition of court supervision for a
violation of |
7 | | that Section.
|
8 | | (13) A person convicted of or placed on court supervision |
9 | | for an assault or aggravated assault when the victim and the |
10 | | offender are family or household members as defined in Section |
11 | | 103 of the Illinois Domestic Violence Act of 1986 or convicted |
12 | | of domestic battery or aggravated domestic battery may be |
13 | | required to attend a Partner Abuse Intervention Program under |
14 | | protocols set forth by the Illinois Department of Human |
15 | | Services under such terms and conditions imposed by the court. |
16 | | The costs of such classes shall be paid by the offender.
|
17 | | (d) In any case in which a sentence originally imposed is |
18 | | vacated,
the case shall be remanded to the trial court. The |
19 | | trial court shall
hold a hearing under Section 5-4-1 of this |
20 | | Code
which may include evidence of the defendant's life, moral |
21 | | character and
occupation during the time since the original |
22 | | sentence was passed. The
trial court shall then impose |
23 | | sentence upon the defendant. The trial
court may impose any |
24 | | sentence which could have been imposed at the
original trial |
25 | | subject to Section 5-5-4 of this Code.
If a sentence is vacated |
26 | | on appeal or on collateral attack due to the
failure of the |
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1 | | trier of fact at trial to determine beyond a reasonable doubt
|
2 | | the
existence of a fact (other than a prior conviction) |
3 | | necessary to increase the
punishment for the offense beyond |
4 | | the statutory maximum otherwise applicable,
either the |
5 | | defendant may be re-sentenced to a term within the range |
6 | | otherwise
provided or, if the State files notice of its |
7 | | intention to again seek the
extended sentence, the defendant |
8 | | shall be afforded a new trial.
|
9 | | (e) In cases where prosecution for
aggravated criminal |
10 | | sexual abuse under Section 11-1.60 or 12-16 of the
Criminal |
11 | | Code of 1961 or the Criminal Code of 2012 results in conviction |
12 | | of a defendant
who was a family member of the victim at the |
13 | | time of the commission of the
offense, the court shall |
14 | | consider the safety and welfare of the victim and
may impose a |
15 | | sentence of probation only where:
|
16 | | (1) the court finds (A) or (B) or both are |
17 | | appropriate:
|
18 | | (A) the defendant is willing to undergo a court |
19 | | approved counseling
program for a minimum duration of |
20 | | 2 years; or
|
21 | | (B) the defendant is willing to participate in a |
22 | | court approved plan ,
including , but not limited to , |
23 | | the defendant's:
|
24 | | (i) removal from the household;
|
25 | | (ii) restricted contact with the victim;
|
26 | | (iii) continued financial support of the |
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1 | | family;
|
2 | | (iv) restitution for harm done to the victim; |
3 | | and
|
4 | | (v) compliance with any other measures that |
5 | | the court may
deem appropriate; and
|
6 | | (2) the court orders the defendant to pay for the |
7 | | victim's counseling
services, to the extent that the court |
8 | | finds, after considering the
defendant's income and |
9 | | assets, that the defendant is financially capable of
|
10 | | paying for such services, if the victim was under 18 years |
11 | | of age at the
time the offense was committed and requires |
12 | | counseling as a result of the
offense.
|
13 | | Probation may be revoked or modified pursuant to Section |
14 | | 5-6-4; except
where the court determines at the hearing that |
15 | | the defendant violated a
condition of his or her probation |
16 | | restricting contact with the victim or
other family members or |
17 | | commits another offense with the victim or other
family |
18 | | members, the court shall revoke the defendant's probation and
|
19 | | impose a term of imprisonment.
|
20 | | For the purposes of this Section, "family member" and |
21 | | "victim" shall have
the meanings ascribed to them in Section |
22 | | 11-0.1 of the Criminal Code of
2012.
|
23 | | (f) (Blank).
|
24 | | (g) Whenever a defendant is convicted of an offense under |
25 | | Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60,
11-14, |
26 | | 11-14.3, 11-14.4 except for an offense that involves keeping a |
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1 | | place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17, |
2 | | 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2,
12-13, 12-14, |
3 | | 12-14.1, 12-15 , or 12-16 of the Criminal Code of 1961 or the |
4 | | Criminal Code of 2012,
the defendant shall undergo medical |
5 | | testing to
determine whether the defendant has any sexually |
6 | | transmissible disease,
including a test for infection with |
7 | | human immunodeficiency virus (HIV) or
any other identified |
8 | | causative agent of acquired immunodeficiency syndrome
(AIDS). |
9 | | Any such medical test shall be performed only by appropriately
|
10 | | licensed medical practitioners and may include an analysis of |
11 | | any bodily
fluids as well as an examination of the defendant's |
12 | | person.
Except as otherwise provided by law, the results of |
13 | | such test shall be kept
strictly confidential by all medical |
14 | | personnel involved in the testing and must
be personally |
15 | | delivered in a sealed envelope to the judge of the court in |
16 | | which
the conviction was entered for the judge's inspection in |
17 | | camera. Acting in
accordance with the best interests of the |
18 | | victim and the public, the judge
shall have the discretion to |
19 | | determine to whom, if anyone, the results of the
testing may be |
20 | | revealed. The court shall notify the defendant
of the test |
21 | | results. The court shall
also notify the victim if requested |
22 | | by the victim, and if the victim is under
the age of 15 and if |
23 | | requested by the victim's parents or legal guardian, the
court |
24 | | shall notify the victim's parents or legal guardian of the |
25 | | test
results.
The court shall provide information on the |
26 | | availability of HIV testing
and counseling at Department of |
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1 | | Public Health facilities to all parties to
whom the results of |
2 | | the testing are revealed and shall direct the State's
Attorney |
3 | | to provide the information to the victim when possible.
The |
4 | | court shall order that the cost of any such test
shall be paid |
5 | | by the county and may be taxed as costs against the convicted
|
6 | | defendant.
|
7 | | (g-5) When an inmate is tested for an airborne |
8 | | communicable disease, as
determined by the Illinois Department |
9 | | of Public Health , including , but not
limited to , tuberculosis, |
10 | | the results of the test shall be
personally delivered by the |
11 | | warden or his or her designee in a sealed envelope
to the judge |
12 | | of the court in which the inmate must appear for the judge's
|
13 | | inspection in camera if requested by the judge. Acting in |
14 | | accordance with the
best interests of those in the courtroom, |
15 | | the judge shall have the discretion
to determine what if any |
16 | | precautions need to be taken to prevent transmission
of the |
17 | | disease in the courtroom.
|
18 | | (h) Whenever a defendant is convicted of an offense under |
19 | | Section 1 or 2
of the Hypodermic Syringes and Needles Act, the |
20 | | defendant shall undergo
medical testing to determine whether |
21 | | the defendant has been exposed to human
immunodeficiency virus |
22 | | (HIV) or any other identified causative agent of
acquired |
23 | | immunodeficiency syndrome (AIDS). Except as otherwise provided |
24 | | by
law, the results of such test shall be kept strictly |
25 | | confidential by all
medical personnel involved in the testing |
26 | | and must be personally delivered in a
sealed envelope to the |
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1 | | judge of the court in which the conviction was entered
for the |
2 | | judge's inspection in camera. Acting in accordance with the |
3 | | best
interests of the public, the judge shall have the |
4 | | discretion to determine to
whom, if anyone, the results of the |
5 | | testing may be revealed. The court shall
notify the defendant |
6 | | of a positive test showing an infection with the human
|
7 | | immunodeficiency virus (HIV). The court shall provide |
8 | | information on the
availability of HIV testing and counseling |
9 | | at Department of Public Health
facilities to all parties to |
10 | | whom the results of the testing are revealed and
shall direct |
11 | | the State's Attorney to provide the information to the victim |
12 | | when
possible. The court shall order that the cost of any
such |
13 | | test shall be paid by the county and may be taxed as costs |
14 | | against the
convicted defendant.
|
15 | | (i) All fines and penalties imposed under this Section for |
16 | | any violation
of Chapters 3, 4, 6, and 11 of the Illinois |
17 | | Vehicle Code, or a similar
provision of a local ordinance, and |
18 | | any violation
of the Child Passenger Protection Act, or a |
19 | | similar provision of a local
ordinance, shall be collected and |
20 | | disbursed by the circuit
clerk as provided under the Criminal |
21 | | and Traffic Assessment Act.
|
22 | | (j) In cases when prosecution for any violation of Section |
23 | | 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8,
11-9, |
24 | | 11-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17, |
25 | | 11-17.1, 11-18, 11-18.1,
11-19, 11-19.1, 11-19.2, 11-20.1, |
26 | | 11-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1, |
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1 | | 12-15, or
12-16 of the
Criminal Code of 1961 or the Criminal |
2 | | Code of 2012, any violation of the Illinois Controlled |
3 | | Substances Act,
any violation of the Cannabis Control Act, or |
4 | | any violation of the Methamphetamine Control and Community |
5 | | Protection Act results in conviction, a
disposition of court |
6 | | supervision, or an order of probation granted under
Section 10 |
7 | | of the Cannabis Control Act, Section 410 of the Illinois
|
8 | | Controlled Substances Act, or Section 70 of the |
9 | | Methamphetamine Control and Community Protection Act of a |
10 | | defendant, the court shall determine whether the
defendant is |
11 | | employed by a facility or center as defined under the Child |
12 | | Care
Act of 1969, a public or private elementary or secondary |
13 | | school, or otherwise
works with children under 18 years of age |
14 | | on a daily basis. When a defendant
is so employed, the court |
15 | | shall order the Clerk of the Court to send a copy of
the |
16 | | judgment of conviction or order of supervision or probation to |
17 | | the
defendant's employer by certified mail.
If the employer of |
18 | | the defendant is a school, the Clerk of the Court shall
direct |
19 | | the mailing of a copy of the judgment of conviction or order of
|
20 | | supervision or probation to the appropriate regional |
21 | | superintendent of schools.
The regional superintendent of |
22 | | schools shall notify the State Board of
Education of any |
23 | | notification under this subsection.
|
24 | | (j-5) A defendant at least 17 years of age who is convicted |
25 | | of a felony and
who has not been previously convicted of a |
26 | | misdemeanor or felony and who is
sentenced to a term of |
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1 | | imprisonment in the Illinois Department of Corrections
shall |
2 | | as a condition of his or her sentence be required by the court |
3 | | to attend
educational courses designed to prepare the |
4 | | defendant for a high school diploma
and to work toward a high |
5 | | school diploma or to work toward passing high school |
6 | | equivalency testing or to work toward
completing a vocational |
7 | | training program offered by the Department of
Corrections. If |
8 | | a defendant fails to complete the educational training
|
9 | | required by his or her sentence during the term of |
10 | | incarceration, the Prisoner
Review Board shall, as a condition |
11 | | of mandatory supervised release, require the
defendant, at his |
12 | | or her own expense, to pursue a course of study toward a high
|
13 | | school diploma or passage of high school equivalency testing. |
14 | | The Prisoner Review Board shall
revoke the mandatory |
15 | | supervised release of a defendant who wilfully fails to
comply |
16 | | with this subsection (j-5) upon his or her release from |
17 | | confinement in a
penal institution while serving a mandatory |
18 | | supervised release term; however,
the inability of the |
19 | | defendant after making a good faith effort to obtain
financial |
20 | | aid or pay for the educational training shall not be deemed a |
21 | | wilful
failure to comply. The Prisoner Review Board shall |
22 | | recommit the defendant
whose mandatory supervised release term |
23 | | has been revoked under this subsection
(j-5) as provided in |
24 | | Section 3-3-9. This subsection (j-5) does not apply to a
|
25 | | defendant who has a high school diploma or has successfully |
26 | | passed high school equivalency testing. This subsection (j-5) |
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1 | | does not apply to a defendant who is determined by
the court to |
2 | | be a person with a developmental disability or otherwise |
3 | | mentally incapable of
completing the educational or vocational |
4 | | program.
|
5 | | (k) (Blank).
|
6 | | (l) (A) Except as provided
in paragraph (C) of subsection |
7 | | (l), whenever a defendant,
who is not a citizen or national of |
8 | | the United States an alien as defined by the Immigration and |
9 | | Nationality Act , is convicted
of any felony or misdemeanor |
10 | | offense, the court after sentencing the defendant
may, upon |
11 | | motion of the State's Attorney, hold sentence in abeyance and |
12 | | remand
the defendant to the custody of the Attorney General of
|
13 | | the United States or his or her designated agent to be deported |
14 | | when:
|
15 | | (1) a final order of deportation has been issued |
16 | | against the defendant
pursuant to proceedings under the |
17 | | Immigration and Nationality Act, and
|
18 | | (2) the deportation of the defendant would not |
19 | | deprecate the seriousness
of the defendant's conduct and |
20 | | would not be inconsistent with the ends of
justice.
|
21 | | Otherwise, the defendant shall be sentenced as provided in |
22 | | this Chapter V.
|
23 | | (B) If the defendant has already been sentenced for a |
24 | | felony or
misdemeanor
offense, or has been placed on probation |
25 | | under Section 10 of the Cannabis
Control Act,
Section 410 of |
26 | | the Illinois Controlled Substances Act, or Section 70 of the |
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1 | | Methamphetamine Control and Community Protection Act, the |
2 | | court
may, upon motion of the State's Attorney to suspend the
|
3 | | sentence imposed, commit the defendant to the custody of the |
4 | | Attorney General
of the United States or his or her designated |
5 | | agent when:
|
6 | | (1) a final order of deportation has been issued |
7 | | against the defendant
pursuant to proceedings under the |
8 | | Immigration and Nationality Act, and
|
9 | | (2) the deportation of the defendant would not |
10 | | deprecate the seriousness
of the defendant's conduct and |
11 | | would not be inconsistent with the ends of
justice.
|
12 | | (C) This subsection (l) does not apply to offenders who |
13 | | are subject to the
provisions of paragraph (2) of subsection |
14 | | (a) of Section 3-6-3.
|
15 | | (D) Upon motion of the State's Attorney, if a defendant |
16 | | sentenced under
this Section returns to the jurisdiction of |
17 | | the United States, the defendant
shall be recommitted to the |
18 | | custody of the county from which he or she was
sentenced.
|
19 | | Thereafter, the defendant shall be brought before the |
20 | | sentencing court, which
may impose any sentence that was |
21 | | available under Section 5-5-3 at the time of
initial |
22 | | sentencing. In addition, the defendant shall not be eligible |
23 | | for
additional earned sentence credit as provided under
|
24 | | Section 3-6-3.
|
25 | | (m) A person convicted of criminal defacement of property |
26 | | under Section
21-1.3 of the Criminal Code of 1961 or the |
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1 | | Criminal Code of 2012, in which the property damage exceeds |
2 | | $300
and the property damaged is a school building, shall be |
3 | | ordered to perform
community service that may include cleanup, |
4 | | removal, or painting over the
defacement.
|
5 | | (n) The court may sentence a person convicted of a |
6 | | violation of Section
12-19, 12-21, 16-1.3, or 17-56, or |
7 | | subsection (a) or (b) of Section 12-4.4a, of the Criminal Code |
8 | | of 1961 or the Criminal Code of 2012 (i) to an impact
|
9 | | incarceration program if the person is otherwise eligible for |
10 | | that program
under Section 5-8-1.1, (ii) to community service, |
11 | | or (iii) if the person has a substance use disorder, as defined
|
12 | | in the Substance Use Disorder Act, to a treatment program
|
13 | | licensed under that Act. |
14 | | (o) Whenever a person is convicted of a sex offense as |
15 | | defined in Section 2 of the Sex Offender Registration Act, the |
16 | | defendant's driver's license or permit shall be subject to |
17 | | renewal on an annual basis in accordance with the provisions |
18 | | of license renewal established by the Secretary of State.
|
19 | | (Source: P.A. 101-81, eff. 7-12-19; 102-168, eff. 7-27-21; |
20 | | 102-531, eff. 1-1-22; revised 10-12-21.)
|
21 | | Section 115. The Income Withholding for Support Act is |
22 | | amended by changing Section 20 as follows:
|
23 | | (750 ILCS 28/20)
|
24 | | Sec. 20. Entry of order for support containing income |
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1 | | withholding
provisions; income withholding notice. |
2 | | (a) In addition to any content required under other laws, |
3 | | every order for
support entered on or after July 1, 1997, |
4 | | shall:
|
5 | | (1) Require an income withholding notice to be |
6 | | prepared and served
immediately upon any payor of the |
7 | | obligor by the obligee or public office,
unless a written |
8 | | agreement is reached between and signed by both parties
|
9 | | providing for an alternative arrangement, approved and |
10 | | entered into the record
by the court, which ensures |
11 | | payment of support. In that case, the order for
support |
12 | | shall provide that an income withholding notice is to be |
13 | | prepared and
served only if the obligor becomes delinquent |
14 | | in paying the order for support;
and
|
15 | | (2) Contain a dollar amount to be paid until payment |
16 | | in full of any
delinquency that accrues after entry of the |
17 | | order for support. The amount for
payment of delinquency |
18 | | shall not be less than 20% of the total of the current
|
19 | | support amount and the amount to be paid periodically for |
20 | | payment of any
arrearage stated in the order for support; |
21 | | and
|
22 | | (3) Include the obligor's Social Security Number, |
23 | | which the obligor shall
disclose to the court. If the |
24 | | obligor is not a United States citizen, the
obligor shall |
25 | | disclose to the court, and the court shall include in the |
26 | | order
for support, the obligor's alien registration number |
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1 | | as a noncitizen , passport number, and home
country's |
2 | | social security or national health number, if
applicable.
|
3 | | (b) At the time the order for support is entered, the Clerk |
4 | | of the Circuit
Court shall provide a copy of the order to the |
5 | | obligor and shall make copies
available to the obligee and |
6 | | public office.
|
7 | | (c) The income withholding notice shall:
|
8 | | (1) be in the standard format prescribed by the |
9 | | federal Department of
Health and Human Services; and
|
10 | | (1.1) state the date of entry of the order for support |
11 | | upon which the
income withholding notice is based; and
|
12 | | (2) direct any payor to withhold the dollar amount |
13 | | required for current
support under the order for support; |
14 | | and
|
15 | | (3) direct any payor to withhold the dollar amount |
16 | | required to be paid
periodically under the order for |
17 | | support for payment of the amount of any
arrearage stated |
18 | | in the order for support; and
|
19 | | (4) direct any payor or labor union or trade union to |
20 | | enroll a child as a
beneficiary of a health insurance plan |
21 | | and withhold or cause to be withheld, if
applicable, any |
22 | | required premiums; and
|
23 | | (5) state the amount of the payor income withholding |
24 | | fee specified under
this Section; and
|
25 | | (6) state that the amount actually withheld from the |
26 | | obligor's income for
support and other purposes, including |
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1 | | the payor withholding fee specified under
this Section, |
2 | | may not be in excess of the maximum amount permitted under |
3 | | the
federal Consumer Credit Protection Act; and
|
4 | | (7) in bold face type, the size of which
equals the |
5 | | largest type on the notice, state the duties of the payor |
6 | | and the fines and penalties for failure
to withhold and |
7 | | pay over income and for discharging, disciplining, |
8 | | refusing to
hire, or otherwise penalizing the obligor |
9 | | because of the duty to withhold and
pay over income under |
10 | | this Section; and
|
11 | | (8) state the rights, remedies, and duties of the |
12 | | obligor under this
Section; and
|
13 | | (9) include the Social Security number of the obligor; |
14 | | and
|
15 | | (10) (blank); and
|
16 | | (11) contain the signature of the obligee or
the |
17 | | printed name and telephone number of the authorized
|
18 | | representative of the public office, except that the |
19 | | failure to contain the
signature of the obligee or the |
20 | | printed name and telephone number of
the authorized |
21 | | representative of the public office shall not
affect the |
22 | | validity of the income withholding
notice; and
|
23 | | (12) direct any payor to pay over amounts withheld for |
24 | | payment of support
to the State Disbursement Unit.
|
25 | | (d) The accrual of a delinquency as a condition for |
26 | | service of an income
withholding notice, under the exception |
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1 | | to immediate withholding in subsection
(a) of this Section, |
2 | | shall apply only to the initial service of an income
|
3 | | withholding notice on a payor of the obligor.
|
4 | | (e) Notwithstanding the exception to immediate withholding |
5 | | contained in
subsection (a) of this Section, if the court |
6 | | finds at the time of any hearing
that an arrearage has accrued, |
7 | | the court shall order immediate service of an
income |
8 | | withholding notice upon the payor.
|
9 | | (f) If the order for support, under the exception to |
10 | | immediate withholding
contained in subsection (a) of this |
11 | | Section, provides that an income
withholding notice is to be |
12 | | prepared and served only if the obligor becomes
delinquent in |
13 | | paying the order for support, the obligor may execute a |
14 | | written
waiver of that condition and request immediate service |
15 | | on the payor.
|
16 | | (g) The obligee or public office may serve the income |
17 | | withholding notice on
the payor or its superintendent, |
18 | | manager, or other agent by ordinary mail or
certified mail |
19 | | return receipt requested, by facsimile transmission or other
|
20 | | electronic means, by personal delivery, or by any method |
21 | | provided by law for
service of a summons. At the time of |
22 | | service on the payor and as notice that
withholding has |
23 | | commenced, the obligee or public office shall serve a copy of
|
24 | | the income withholding notice on the obligor by ordinary mail |
25 | | addressed to his
or her last known address. A copy of an income |
26 | | withholding notice and proof of service shall be filed with |
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1 | | the Clerk of the Circuit Court only when necessary in |
2 | | connection with a petition to contest, modify, suspend, |
3 | | terminate, or correct an income withholding notice, an action |
4 | | to enforce income withholding against a payor, or the |
5 | | resolution of other disputes involving an income withholding |
6 | | notice. The changes made to this subsection by this amendatory |
7 | | Act of the 96th General Assembly apply on and after September |
8 | | 1, 2009.
|
9 | | (h) At any time after the initial service of an income |
10 | | withholding notice,
any other payor of the obligor may be |
11 | | served with the same income
withholding notice without further |
12 | | notice to the obligor.
A copy of the income withholding notice |
13 | | together with a proof of service on
the other payor shall be |
14 | | filed with the Clerk of the Circuit Court.
|
15 | | (i) New service of an income withholding notice is not |
16 | | required in order to
resume withholding of income in the case |
17 | | of an obligor with respect to whom an
income withholding |
18 | | notice was previously served on the payor if withholding of
|
19 | | income was terminated because of an interruption in the |
20 | | obligor's employment of
less than 180 days.
|
21 | | (Source: P.A. 97-994, eff. 8-17-12; 98-81, eff. 7-15-13.)
|
22 | | Section 120. The Property Owned By Aliens Act is amended |
23 | | by changing the title of the Act and Sections 0.01, 7, and 8 as |
24 | | follows:
|
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1 | | (765 ILCS 60/Act title)
|
2 | | An Act concerning the right of noncitizens aliens to |
3 | | acquire and hold real and
personal property.
|
4 | | (765 ILCS 60/0.01) (from Ch. 6, par. 0.01)
|
5 | | Sec. 0.01. Short title. This Act may be cited as the
|
6 | | Property Owned By Noncitizens Aliens Act.
|
7 | | (Source: P.A. 86-1324.)
|
8 | | (765 ILCS 60/7) (from Ch. 6, par. 7)
|
9 | | Sec. 7.
All noncitizens aliens may acquire, hold, and |
10 | | dispose of real
and personal property in the same
manner and to |
11 | | the same extent as natural born citizens of the United
States, |
12 | | and the personal estate of a noncitizen an alien dying |
13 | | intestate shall be
distributed in the same manner as the |
14 | | estates of natural born citizens, and
all persons interested |
15 | | in such estate shall be entitled to proper
distributive shares |
16 | | thereof under the laws of this state, whether they are |
17 | | noncitizens
aliens or not.
|
18 | | This amendatory Act of 1992 does not apply to the |
19 | | Agricultural Foreign
Investment Disclosure Act.
|
20 | | (Source: P.A. 87-1101.)
|
21 | | (765 ILCS 60/8) (from Ch. 6, par. 8)
|
22 | | Sec. 8.
An act in regard to noncitizens aliens and to |
23 | | restrict their right to acquire
and hold real and personal |
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1 | | estate and to provide for the disposition of the
lands now |
2 | | owned by non-resident noncitizens aliens , approved June 16, |
3 | | 1887, and in
force July 1, 1887, and all other acts and parts |
4 | | of acts in conflict with
this act, are hereby repealed.
|
5 | | (Source: Laws 1897, p. 5.)
|
6 | | Section 125. The Property Taxes of Alien Landlords Act is |
7 | | amended by changing the title of the Act and Sections 0.01 and |
8 | | 1 as follows:
|
9 | | (765 ILCS 725/Act title)
|
10 | | An Act to prevent noncitizen alien landlords from
|
11 | | including the payment of taxes in the rent of farm lands as a |
12 | | part of the
rental thereof.
|
13 | | (765 ILCS 725/0.01) (from Ch. 6, par. 8.9)
|
14 | | Sec. 0.01. Short title. This Act may be cited as the
|
15 | | Property Taxes Of Noncitizen Alien Landlords Act.
|
16 | | (Source: P.A. 86-1324.)
|
17 | | (765 ILCS 725/1) (from Ch. 6, par. 9)
|
18 | | Sec. 1.
No contract, agreement or
lease in writing or by |
19 | | parol, by which any lands or tenements therein
are demised or |
20 | | leased by any noncitizen alien or his agents for the
purpose of |
21 | | farming, cultivation or the raising of crops thereon, shall
|
22 | | contain any provision requiring the tenant or other person for |
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1 | | him, to
pay taxes on said lands or tenements, or any part |
2 | | thereof, and all such
provisions, agreements and leases so |
3 | | made are declared void as to the
taxes aforesaid. If any |
4 | | noncitizen alien landlord or his agents shall receive in
|
5 | | advance or at any other time any sum of money or article of |
6 | | value from
any tenant in lieu of such taxes, directly or |
7 | | indirectly, the same may
be recovered back by such tenant |
8 | | before any court having jurisdiction of
the amount thereof, |
9 | | and all provisions or agreements in writing or
otherwise to |
10 | | pay such taxes shall be held in all courts of this state to
be |
11 | | void.
|
12 | | (Source: P.A. 81-1509.)
|
13 | | Section 130. The Illinois Human Rights Act is amended by |
14 | | changing Section 2-101 as follows:
|
15 | | (775 ILCS 5/2-101)
|
16 | | Sec. 2-101. Definitions. The following definitions are |
17 | | applicable
strictly in the context of this Article.
|
18 | | (A) Employee.
|
19 | | (1) "Employee" includes:
|
20 | | (a) Any individual performing services for |
21 | | remuneration within this
State for an employer;
|
22 | | (b) An apprentice;
|
23 | | (c) An applicant for any apprenticeship.
|
24 | | For purposes of subsection (D) of Section 2-102 of |
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1 | | this Act, "employee" also includes an unpaid intern. An |
2 | | unpaid intern is a person who performs work for an |
3 | | employer under the following circumstances: |
4 | | (i) the employer is not committed to hiring the |
5 | | person performing the work at the conclusion of the |
6 | | intern's tenure; |
7 | | (ii) the employer and the person performing the |
8 | | work agree that the person is not entitled to wages for |
9 | | the work performed; and |
10 | | (iii) the work performed: |
11 | | (I) supplements training given in an |
12 | | educational environment that may enhance the |
13 | | employability of the intern; |
14 | | (II) provides experience for the benefit of |
15 | | the person performing the work; |
16 | | (III) does not displace regular employees; |
17 | | (IV) is performed under the close supervision |
18 | | of existing staff; and |
19 | | (V) provides no immediate advantage to the |
20 | | employer providing the training and may
|
21 | | occasionally impede the operations of the |
22 | | employer. |
23 | | (2) "Employee" does not include:
|
24 | | (a) (Blank);
|
25 | | (b) Individuals employed by persons who are not |
26 | | "employers" as
defined by this Act;
|
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1 | | (c) Elected public officials or the members of |
2 | | their immediate
personal staffs;
|
3 | | (d) Principal administrative officers of the State |
4 | | or of any
political subdivision, municipal corporation |
5 | | or other governmental unit
or agency;
|
6 | | (e) A person in a vocational rehabilitation |
7 | | facility certified under
federal law who has been |
8 | | designated an evaluee, trainee, or work
activity |
9 | | client.
|
10 | | (B) Employer.
|
11 | | (1) "Employer" includes:
|
12 | | (a) Any person employing one or more employees |
13 | | within Illinois during
20 or more calendar weeks |
14 | | within the calendar year of or preceding the alleged
|
15 | | violation;
|
16 | | (b) Any person employing one or more employees |
17 | | when a complainant
alleges civil rights violation due |
18 | | to unlawful discrimination based
upon his or her |
19 | | physical or mental disability unrelated to ability, |
20 | | pregnancy, or
sexual harassment;
|
21 | | (c) The State and any political subdivision, |
22 | | municipal corporation
or other governmental unit or |
23 | | agency, without regard to the number of
employees;
|
24 | | (d) Any party to a public contract without regard |
25 | | to the number of
employees;
|
26 | | (e) A joint apprenticeship or training committee |
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1 | | without regard to the
number of employees.
|
2 | | (2) "Employer" does not include any place of worship, |
3 | | religious corporation,
association, educational |
4 | | institution, society, or non-profit nursing
institution |
5 | | conducted by and for those who rely upon treatment by |
6 | | prayer
through spiritual means in accordance with the |
7 | | tenets of a recognized
church or religious denomination |
8 | | with respect to the employment of
individuals of a |
9 | | particular religion to perform work connected with the
|
10 | | carrying on by such place of worship, corporation, |
11 | | association, educational institution,
society or |
12 | | non-profit nursing institution of its activities.
|
13 | | (C) Employment Agency. "Employment Agency" includes both |
14 | | public and
private employment agencies and any person, labor |
15 | | organization, or labor
union having a hiring hall or hiring |
16 | | office regularly undertaking, with
or without compensation, to |
17 | | procure opportunities to work, or to
procure, recruit, refer |
18 | | or place employees.
|
19 | | (D) Labor Organization. "Labor Organization" includes any
|
20 | | organization, labor union, craft union, or any voluntary |
21 | | unincorporated
association designed to further the cause of |
22 | | the rights of union labor
which is constituted for the |
23 | | purpose, in whole or in part, of collective
bargaining or of |
24 | | dealing with employers concerning grievances, terms or
|
25 | | conditions of employment, or apprenticeships or applications |
26 | | for
apprenticeships, or of other mutual aid or protection in |
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1 | | connection with
employment, including apprenticeships or |
2 | | applications for apprenticeships.
|
3 | | (E) Sexual Harassment. "Sexual harassment" means any |
4 | | unwelcome sexual
advances or requests for sexual favors or any |
5 | | conduct of a sexual nature
when (1) submission to such conduct |
6 | | is made either explicitly or implicitly
a term or condition of |
7 | | an individual's employment, (2) submission to or
rejection of |
8 | | such conduct by an individual is used as the basis for
|
9 | | employment decisions affecting such individual, or (3) such |
10 | | conduct has the
purpose or effect of substantially interfering |
11 | | with an individual's work
performance or creating an |
12 | | intimidating, hostile or offensive working
environment.
|
13 | | For purposes of this definition, the phrase "working |
14 | | environment" is not limited to a physical location an employee |
15 | | is assigned to perform his or her duties. |
16 | | (E-1) Harassment. "Harassment" means any unwelcome conduct |
17 | | on the basis of an individual's actual or perceived race, |
18 | | color, religion, national origin, ancestry, age, sex, marital |
19 | | status, order of protection status, disability, military |
20 | | status, sexual orientation, pregnancy, unfavorable discharge |
21 | | from military service, citizenship status, or work |
22 | | authorization status that has the purpose or effect of |
23 | | substantially interfering with the individual's work |
24 | | performance or creating an intimidating, hostile, or offensive |
25 | | working environment. For purposes of this definition, the |
26 | | phrase "working environment" is not limited to a physical |
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1 | | location an employee is assigned to perform his or her duties. |
2 | | (F) Religion. "Religion" with respect to employers |
3 | | includes all
aspects of religious observance and practice, as |
4 | | well as belief, unless an
employer demonstrates that he is |
5 | | unable to reasonably accommodate an
employee's or prospective |
6 | | employee's religious observance or practice
without undue |
7 | | hardship on the conduct of the employer's business.
|
8 | | (G) Public Employer. "Public employer" means the State, an |
9 | | agency or
department thereof, unit of local government, school |
10 | | district,
instrumentality or political subdivision.
|
11 | | (H) Public Employee. "Public employee" means an employee |
12 | | of the State,
agency or department thereof, unit of local |
13 | | government, school district,
instrumentality or political |
14 | | subdivision. "Public employee" does not include
public |
15 | | officers or employees of the General Assembly or agencies |
16 | | thereof.
|
17 | | (I) Public Officer. "Public officer" means a person who is |
18 | | elected to
office pursuant to the Constitution or a statute or |
19 | | ordinance, or who is
appointed to an office which is |
20 | | established, and the qualifications and
duties of which are |
21 | | prescribed, by the Constitution or a statute or
ordinance, to |
22 | | discharge a public duty for the State, agency or department
|
23 | | thereof, unit of local government, school district, |
24 | | instrumentality or
political subdivision.
|
25 | | (J) Eligible Bidder. "Eligible bidder" means a person who, |
26 | | prior to contract award or prior to bid opening for State |
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1 | | contracts for construction or construction-related services, |
2 | | has filed with the Department a properly completed, sworn and
|
3 | | currently valid employer report form, pursuant to the |
4 | | Department's regulations.
The provisions of this Article |
5 | | relating to eligible bidders apply only
to bids on contracts |
6 | | with the State and its departments, agencies, boards,
and |
7 | | commissions, and the provisions do not apply to bids on |
8 | | contracts with
units of local government or school districts.
|
9 | | (K) Citizenship Status. "Citizenship status" means the |
10 | | status of being:
|
11 | | (1) a born U.S. citizen;
|
12 | | (2) a naturalized U.S. citizen;
|
13 | | (3) a U.S. national; or
|
14 | | (4) a person born outside the United States and not a |
15 | | U.S. citizen who
is not an unauthorized noncitizen alien |
16 | | and who is protected from discrimination under
the |
17 | | provisions of Section 1324b of Title 8 of the United |
18 | | States Code, as
now or hereafter amended.
|
19 | | (L) Work Authorization Status. "Work authorization status" |
20 | | means the status of being a person born outside of the United |
21 | | States, and not a U.S. citizen, who is authorized by the |
22 | | federal government to work in the United States. |
23 | | (Source: P.A. 101-221, eff. 1-1-20; 101-430, eff. 7-1-20; |
24 | | 102-233, eff. 8-2-21; 102-558, eff. 8-20-21.)
|
25 | | Section 135. The Resident Alien Course Act is amended by |
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1 | | changing the title of the Act and Sections 0.01, 1, 2, and 3 as |
2 | | follows:
|
3 | | (815 ILCS 400/Act title)
|
4 | | An Act concerning fees charged for courses offered to |
5 | | persons seeking
permanent resident noncitizen alien status |
6 | | under the Immigration Reform and Control
Act of 1986.
|
7 | | (815 ILCS 400/0.01) (from Ch. 111, par. 8050)
|
8 | | Sec. 0.01. Short title. This Act may be cited as the
|
9 | | Resident Noncitizen Alien Course Act.
|
10 | | (Source: P.A. 86-1324.)
|
11 | | (815 ILCS 400/1) (from Ch. 111, par. 8051)
|
12 | | Sec. 1. No individual or agency, authorized by the U.S. |
13 | | Immigration
and Naturalization Service to
offer a course |
14 | | leading to a certificate of satisfactory pursuit for
issuance |
15 | | of permanent resident noncitizen alien status, may charge a |
16 | | fee for such
course in excess of $5 per hour per individual up |
17 | | to the first 60 hours of
instruction or $500 for up to 12 |
18 | | months of instruction from the date of
registration. As used |
19 | | in this Section, the term "fee" includes all costs
associated |
20 | | with the course, including the costs of instruction and |
21 | | 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 noncitizen alien status may charge a fee |
7 | | for such
service or course in excess of $5 per hour per |
8 | | individual up to the first 60
hours of instruction or $500 for |
9 | | up to 12 months of instruction from the
date of registration. |
10 | | As used in this Section, the term "fee" includes all
costs |
11 | | associated with the service or course, including the costs of
|
12 | | instruction and 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 noncitizen alien |
25 | | 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.
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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.
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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
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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.
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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.
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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.
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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
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3 | | employee for the purposes of this Section only.
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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.)
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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)
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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:
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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
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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
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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.
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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
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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.
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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.
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4 | | (b) The term "employee" as used in this Act, shall be |
5 | | construed to
mean:
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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
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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
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25 | | corporation which made the contract.
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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
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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
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19 | | State where the contract of hire is made, or in the State |
20 | | where the
employment is principally localized.
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21 | | (c) "Commission" means the Illinois Workers' Compensation |
22 | | Commission created by the
Workers' Compensation Act, approved |
23 | | July 9, 1951, as amended.
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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.
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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.
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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.
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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
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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.
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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.
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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.
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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.
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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.
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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.
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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. Non-resident noncitizens 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.
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| 1 | |
INDEX
| 2 | |
Statutes amended in order of appearance
| | 3 | | 5 ILCS 312/2-102 | from Ch. 102, par. 202-102 | | 4 | | 5 ILCS 805/10 | | | 5 | | 20 ILCS 605/605-800 | was 20 ILCS 605/46.19a in part | | 6 | | 20 ILCS 1510/25 | | | 7 | | 35 ILCS 5/1501 | from Ch. 120, par. 15-1501 | | 8 | | 55 ILCS 5/3-12007 | from Ch. 34, par. 3-12007 | | 9 | | 70 ILCS 2605/11.15 | from Ch. 42, par. 331.15 | | 10 | | 110 ILCS 205/9.16 | from Ch. 144, par. 189.16 | | 11 | | 110 ILCS 925/3.06 | from Ch. 144, par. 1503.06 | | 12 | | 110 ILCS 930/2 | from Ch. 144, par. 2302 | | 13 | | 110 ILCS 930/7 | from Ch. 144, par. 2307 | | 14 | | 110 ILCS 947/65.50 | | | 15 | | 110 ILCS 947/65.110 | | | 16 | | 110 ILCS 952/20 | | | 17 | | 110 ILCS 975/5 | from Ch. 144, par. 2755 | | 18 | | 110 ILCS 975/6.5 | | | 19 | | 215 ILCS 105/7 | from Ch. 73, par. 1307 | | 20 | | 225 ILCS 50/8 | from Ch. 111, par. 7408 | | 21 | | 305 ILCS 5/5-3 | from Ch. 23, par. 5-3 | | 22 | | 330 ILCS 61/1-10 | | | 23 | | 430 ILCS 65/4 | from Ch. 38, par. 83-4 | | 24 | | 430 ILCS 65/8 | from Ch. 38, par. 83-8 | | 25 | | 720 ILCS 5/17-6.5 | | |
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