| |||||||
| |||||||
1 | AN ACT to revise the law by combining multiple enactments | ||||||
2 | and making technical corrections.
| ||||||
3 | Be it enacted by the People of the State of Illinois, | ||||||
4 | represented in the General Assembly:
| ||||||
5 | Section 1. Nature of this Act. | ||||||
6 | (a) This Act may be cited as the First 2024 General | ||||||
7 | Revisory Act. | ||||||
8 | (b) This Act is not intended to make any substantive | ||||||
9 | change in the law. It reconciles conflicts that have arisen | ||||||
10 | from multiple amendments and enactments and makes technical | ||||||
11 | corrections and revisions in the law. | ||||||
12 | This Act revises and, where appropriate, renumbers certain | ||||||
13 | Sections that have been added or amended by more than one | ||||||
14 | Public Act. In certain cases in which a repealed Act or Section | ||||||
15 | has been replaced with a successor law, this Act may | ||||||
16 | incorporate amendments to the repealed Act or Section into the | ||||||
17 | successor law. This Act also corrects errors, revises | ||||||
18 | cross-references, and deletes obsolete text. | ||||||
19 | (c) In this Act, the reference at the end of each amended | ||||||
20 | Section indicates the sources in the Session Laws of Illinois | ||||||
21 | that were used in the preparation of the text of that Section. | ||||||
22 | The text of the Section included in this Act is intended to | ||||||
23 | include the different versions of the Section found in the | ||||||
24 | Public Acts included in the list of sources, but may not |
| |||||||
| |||||||
1 | include other versions of the Section to be found in Public | ||||||
2 | Acts not included in the list of sources. The list of sources | ||||||
3 | is not a part of the text of the Section. | ||||||
4 | (d) Public Acts 102-1119 through 103-583 were considered | ||||||
5 | in the preparation of the combining revisories included in | ||||||
6 | this Act. Many of those combining revisories contain no | ||||||
7 | striking or underscoring because no additional changes are | ||||||
8 | being made in the material that is being combined.
| ||||||
9 | Section 5. The Regulatory Sunset Act is amended by | ||||||
10 | changing Section 4.39 as follows:
| ||||||
11 | (5 ILCS 80/4.39) | ||||||
12 | Sec. 4.39. Acts and Section repealed on January 1, 2029 | ||||||
13 | and December 31, 2029. | ||||||
14 | (a) The following Acts and Section are repealed on January | ||||||
15 | 1, 2029: | ||||||
16 | The Electrologist Licensing Act. | ||||||
17 | The Environmental Health Practitioner Licensing Act. | ||||||
18 | The Illinois Occupation Therapy Practice Act. | ||||||
19 | The Crematory Regulation Act. | ||||||
20 | The Illinois Public Accounting Act. | ||||||
21 | The Private Detective, Private Alarm, Private | ||||||
22 | Security, Fingerprint Vendor, and Locksmith Act of 2004. | ||||||
23 | Section 2.5 of the Illinois Plumbing License Law. | ||||||
24 | The Veterinary Medicine and Surgery Practice Act of |
| |||||||
| |||||||
1 | 2004. | ||||||
2 | The Registered Surgical Assistant and Registered | ||||||
3 | Surgical Technologist Title Protection Act. | ||||||
4 | (b) The following Act is repealed on December 31, 2029: | ||||||
5 | The Structural Pest Control Act. | ||||||
6 | (Source: P.A. 103-251, eff. 6-30-23; 103-253, eff. 6-30-23; | ||||||
7 | 103-309, eff. 7-28-23; 103-387, eff. 7-28-23; 103-505, eff. | ||||||
8 | 8-4-23; revised 8-28-23.)
| ||||||
9 | Section 10. The Illinois Administrative Procedure Act is | ||||||
10 | amended by setting forth, renumbering, and changing multiple | ||||||
11 | versions of Sections 5-45.35 and 5-45.36 as follows:
| ||||||
12 | (5 ILCS 100/5-45.35) | ||||||
13 | Sec. 5-45.35. (Repealed). | ||||||
14 | (Source: P.A. 102-1104, eff. 12-6-22. Repealed internally, | ||||||
15 | eff. 12-6-23.)
| ||||||
16 | (5 ILCS 100/5-45.36) | ||||||
17 | (Section scheduled to be repealed on June 7, 2024) | ||||||
18 | Sec. 5-45.36. Emergency rulemaking. To provide for the | ||||||
19 | expeditious and timely implementation of Section 234 of the | ||||||
20 | Illinois Income Tax Act, emergency rules implementing that | ||||||
21 | Section may be adopted in accordance with Section 5-45 by the | ||||||
22 | Department of Revenue. The adoption of emergency rules | ||||||
23 | authorized by Section 5-45 and this Section is deemed to be |
| |||||||
| |||||||
1 | necessary for the public interest, safety, and welfare. | ||||||
2 | This Section is repealed on June 7, 2024 ( one year after | ||||||
3 | the effective date of Public Act 103-9) this amendatory Act of | ||||||
4 | the 103rd General Assembly . | ||||||
5 | (Source: P.A. 103-9, eff. 6-7-23; revised 9-27-23.)
| ||||||
6 | (5 ILCS 100/5-45.38) | ||||||
7 | (Section scheduled to be repealed on January 10, 2024) | ||||||
8 | Sec. 5-45.38 5-45.35 . Emergency rulemaking. To provide for | ||||||
9 | the expeditious and timely implementation of Public Act | ||||||
10 | 102-1116 this amendatory Act of the 102nd General Assembly , | ||||||
11 | emergency rules implementing Public Act 102-1116 this | ||||||
12 | amendatory Act of the 102nd General Assembly may be adopted in | ||||||
13 | accordance with Section 5-45 by the Illinois State Police. The | ||||||
14 | adoption of emergency rules authorized by Section 5-45 and | ||||||
15 | this Section is deemed to be necessary for the public | ||||||
16 | interest, safety, and welfare. | ||||||
17 | This Section is repealed on January 10, 2024 ( one year | ||||||
18 | after the effective date of Public Act 102-1116) this | ||||||
19 | amendatory Act of the 102nd General Assembly . | ||||||
20 | (Source: P.A. 102-1116, eff. 1-10-23; revised 3-13-23.)
| ||||||
21 | (5 ILCS 100/5-45.39) | ||||||
22 | (Section scheduled to be repealed on January 13, 2024) | ||||||
23 | Sec. 5-45.39 5-45.35 . Emergency rulemaking; temporary | ||||||
24 | licenses for health care. To provide for the expeditious and |
| |||||||
| |||||||
1 | timely implementation of Section 66 of the Medical Practice | ||||||
2 | Act of 1987, Section 65-11.5 of the Nurse Practice Act, and | ||||||
3 | Section 9.7 of the Physician Assistant Practice Act of 1987, | ||||||
4 | emergency rules implementing the issuance of temporary permits | ||||||
5 | to applicants who are licensed to practice as a physician, | ||||||
6 | advanced practice registered nurse, or physician assistant in | ||||||
7 | another state may be adopted in accordance with Section 5-45 | ||||||
8 | by the Department of Financial and Professional Regulation. | ||||||
9 | The adoption of emergency rules authorized by Section 5-45 and | ||||||
10 | this Section is deemed to be necessary for the public | ||||||
11 | interest, safety, and welfare. | ||||||
12 | This Section is repealed on January 13, 2024 ( one year | ||||||
13 | after the effective date of Public Act 102-1117) this | ||||||
14 | amendatory Act of the 102nd General Assembly . | ||||||
15 | (Source: P.A. 102-1117, eff. 1-13-23; revised 3-13-23.)
| ||||||
16 | (5 ILCS 100/5-45.40) | ||||||
17 | (Section scheduled to be repealed on January 18, 2024) | ||||||
18 | Sec. 5-45.40 5-45.35 . Emergency rulemaking; rural | ||||||
19 | emergency hospitals. To provide for the expeditious and timely | ||||||
20 | implementation of Public Act 102-1118 this amendatory Act of | ||||||
21 | the 102nd General Assembly , emergency rules implementing the | ||||||
22 | inclusion of rural emergency hospitals in the definition of | ||||||
23 | "hospital" in Section 3 of the Hospital Licensing Act may be | ||||||
24 | adopted in accordance with Section 5-45 by the Department of | ||||||
25 | Public Health. The adoption of emergency rules authorized by |
| |||||||
| |||||||
1 | Section 5-45 and this Section is deemed to be necessary for the | ||||||
2 | public interest, safety, and welfare. | ||||||
3 | This Section is repealed on January 18, 2024 ( one year | ||||||
4 | after the effective date of Public Act 102-1118) this | ||||||
5 | amendatory Act of the 102nd General Assembly . | ||||||
6 | (Source: P.A. 102-1118, eff. 1-18-23; revised 3-13-23.)
| ||||||
7 | (5 ILCS 100/5-45.41) | ||||||
8 | (Section scheduled to be repealed on February 3, 2024) | ||||||
9 | Sec. 5-45.41 5-45.35 . Emergency rulemaking. To provide for | ||||||
10 | the expeditious and timely implementation of the Invest in | ||||||
11 | Illinois Act, emergency rules implementing the Invest in | ||||||
12 | Illinois Act may be adopted in accordance with Section 5-45 by | ||||||
13 | the Department of Commerce and Economic Opportunity. The | ||||||
14 | adoption of emergency rules authorized by Section 5-45 and | ||||||
15 | this Section is deemed to be necessary for the public | ||||||
16 | interest, safety, and welfare. | ||||||
17 | This Section is repealed on February 3, 2024 ( one year | ||||||
18 | after the effective date of Public Act 102-1125) this | ||||||
19 | amendatory Act of the 102nd General Assembly . | ||||||
20 | (Source: P.A. 102-1125, eff. 2-3-23; revised 3-13-23.)
| ||||||
21 | (5 ILCS 100/5-45.45) | ||||||
22 | (Section scheduled to be repealed on June 16, 2024) | ||||||
23 | Sec. 5-45.45 5-45.35 . Emergency rulemaking; Substance Use | ||||||
24 | Disorder Residential and Detox Rate Equity. To provide for the |
| |||||||
| |||||||
1 | expeditious and timely implementation of the Substance Use | ||||||
2 | Disorder Residential and Detox Rate Equity Act, emergency | ||||||
3 | rules implementing the Substance Use Disorder Residential and | ||||||
4 | Detox Rate Equity Act may be adopted in accordance with | ||||||
5 | Section 5-45 by the Department of Human Services and the | ||||||
6 | Department of Healthcare and Family Services. The adoption of | ||||||
7 | emergency rules authorized by Section 5-45 and this Section is | ||||||
8 | deemed to be necessary for the public interest, safety, and | ||||||
9 | welfare. | ||||||
10 | This Section is repealed on June 16, 2024 ( one year after | ||||||
11 | the effective date of Public Act 103-102) this amendatory Act | ||||||
12 | of the 103rd General Assembly . | ||||||
13 | (Source: P.A. 103-102, eff. 6-16-23; revised 9-27-23.)
| ||||||
14 | (5 ILCS 100/5-45.46) | ||||||
15 | (Section scheduled to be repealed on January 1, 2025) | ||||||
16 | Sec. 5-45.46 5-45.35 . Emergency rulemaking; Illinois Law | ||||||
17 | Enforcement Training Standards Board. To provide for the | ||||||
18 | expeditious and timely implementation of the changes made in | ||||||
19 | Sections 8.1 and 8.2 of the Illinois Police Training Act, | ||||||
20 | emergency rules implementing the waiver process under Sections | ||||||
21 | 8.1 and 8.2 of the Illinois Police Training Act may be adopted | ||||||
22 | in accordance with Section 5-45 by the Illinois Law | ||||||
23 | Enforcement Training Standards Board. The adoption of | ||||||
24 | emergency rules authorized by Section 5-45 and this Section is | ||||||
25 | deemed to be necessary for the public interest, safety, and |
| |||||||
| |||||||
1 | welfare. | ||||||
2 | This Section is repealed on January 1, 2025 ( one year | ||||||
3 | after the effective date of Public Act 103-389) this | ||||||
4 | amendatory Act of the 103rd General Assembly . | ||||||
5 | (Source: P.A. 103-389, eff. 1-1-24; revised 9-7-23.)
| ||||||
6 | (5 ILCS 100/5-45.47) | ||||||
7 | (Section scheduled to be repealed on August 4, 2024) | ||||||
8 | Sec. 5-45.47 5-45.35 . Emergency rulemaking; Department of | ||||||
9 | Natural Resources. To provide for the expeditious and timely | ||||||
10 | implementation of Section 13 of the Human Remains Protection | ||||||
11 | Act, emergency rules implementing Section 13 of the Human | ||||||
12 | Remains Protection Act may be adopted in accordance with | ||||||
13 | Section 5-45 by the Department of Natural Resources. The | ||||||
14 | adoption of emergency rules authorized by Section 5-45 and | ||||||
15 | this Section is deemed to be necessary for the public | ||||||
16 | interest, safety, and welfare. | ||||||
17 | This Section is repealed on August 4, 2024 ( one year after | ||||||
18 | the effective date of Public Act 103-446) this amendatory Act | ||||||
19 | of the 103rd General Assembly . | ||||||
20 | (Source: P.A. 103-446, eff. 8-4-23; revised 9-27-23.)
| ||||||
21 | (5 ILCS 100/5-45.48) | ||||||
22 | (Section scheduled to be repealed on January 1, 2025) | ||||||
23 | Sec. 5-45.48 5-45.35 . Emergency rulemaking; occupational | ||||||
24 | licenses. To provide for the expeditious and timely |
| |||||||
| |||||||
1 | implementation of Public Act 103-550 this amendatory Act of | ||||||
2 | the 103rd General Assembly , emergency rules implementing the | ||||||
3 | changes made to Section 9 of the Illinois Gambling Act may be | ||||||
4 | adopted in accordance with Section 5-45 by the Illinois Gaming | ||||||
5 | Board. The adoption of emergency rules authorized by Section | ||||||
6 | 5-45 and this Section is deemed to be necessary for the public | ||||||
7 | interest, safety, and welfare. | ||||||
8 | This Section is repealed on January 1, 2025 ( one year | ||||||
9 | after the effective date of Public Act 103-550) this | ||||||
10 | amendatory Act of the 103rd General Assembly . | ||||||
11 | (Source: P.A. 103-550, eff. 1-1-24; revised 1-30-24.)
| ||||||
12 | (5 ILCS 100/5-45.50) | ||||||
13 | Sec. 5-45.50 5-45.35 . (Repealed). | ||||||
14 | (Source: P.A. 102-1108, eff. 12-21-22. Repealed internally, | ||||||
15 | eff. 12-21-23)
| ||||||
16 | (5 ILCS 100/5-45.51) | ||||||
17 | (Section scheduled to be repealed on June 16, 2024) | ||||||
18 | Sec. 5-45.51 5-45.36 . Emergency rulemaking; Medicaid | ||||||
19 | reimbursement rates for hospital inpatient and outpatient | ||||||
20 | services. To provide for the expeditious and timely | ||||||
21 | implementation of the changes made by Public Act 103-102 this | ||||||
22 | amendatory Act of the 103rd General Assembly to Sections | ||||||
23 | 5-5.05, 14-12, 14-12.5, and 14-12.7 of the Illinois Public Aid | ||||||
24 | Code, emergency rules implementing the changes made by Public |
| |||||||
| |||||||
1 | Act 103-102 this amendatory Act of the 103rd General Assembly | ||||||
2 | to Sections 5-5.05, 14-12, 14-12.5, and 14-12.7 of the | ||||||
3 | Illinois Public Aid Code may be adopted in accordance with | ||||||
4 | Section 5-45 by the Department of Healthcare and Family | ||||||
5 | Services. The adoption of emergency rules authorized by | ||||||
6 | Section 5-45 and this Section is deemed to be necessary for the | ||||||
7 | public interest, safety, and welfare. | ||||||
8 | This Section is repealed on June 16, 2024 ( one year after | ||||||
9 | the effective date of Public Act 103-102) this amendatory Act | ||||||
10 | of the 103rd General Assembly . | ||||||
11 | (Source: P.A. 103-102, eff. 6-16-23; revised 9-27-23.)
| ||||||
12 | (5 ILCS 100/5-45.52) | ||||||
13 | (Section scheduled to be repealed on December 8, 2024) | ||||||
14 | Sec. 5-45.52 5-45.35 . Emergency rulemaking; Public Act | ||||||
15 | 103-568 this amendatory Act of the 103rd General Assembly . To | ||||||
16 | provide for the expeditious and timely implementation of | ||||||
17 | Public Act 103-568 this amendatory Act of the 103rd General | ||||||
18 | Assembly , emergency rules implementing Public Act 103-568 this | ||||||
19 | amendatory Act of the 103rd General Assembly may be adopted in | ||||||
20 | accordance with Section 5-45 by the Department of Financial | ||||||
21 | and Professional Regulation. The adoption of emergency rules | ||||||
22 | authorized by Section 5-45 and this Section is deemed to be | ||||||
23 | necessary for the public interest, safety, and welfare. | ||||||
24 | This Section is repealed on December 8, 2024 ( one year | ||||||
25 | after the effective date of Public Act 103-568) this |
| |||||||
| |||||||
1 | amendatory Act of the 103rd General Assembly . | ||||||
2 | (Source: P.A. 103-568, eff. 12-8-23; revised 12-22-23.)
| ||||||
3 | Section 15. The Freedom of Information Act is amended by | ||||||
4 | changing Sections 7 and 7.5 as follows:
| ||||||
5 | (5 ILCS 140/7) | ||||||
6 | Sec. 7. Exemptions. | ||||||
7 | (1) When a request is made to inspect or copy a public | ||||||
8 | record that contains information that is exempt from | ||||||
9 | disclosure under this Section, but also contains information | ||||||
10 | that is not exempt from disclosure, the public body may elect | ||||||
11 | to redact the information that is exempt. The public body | ||||||
12 | shall make the remaining information available for inspection | ||||||
13 | and copying. Subject to this requirement, the following shall | ||||||
14 | be exempt from inspection and copying: | ||||||
15 | (a) Information specifically prohibited from | ||||||
16 | disclosure by federal or State law or rules and | ||||||
17 | regulations implementing federal or State law. | ||||||
18 | (b) Private information, unless disclosure is required | ||||||
19 | by another provision of this Act, a State or federal law, | ||||||
20 | or a court order. | ||||||
21 | (b-5) Files, documents, and other data or databases | ||||||
22 | maintained by one or more law enforcement agencies and | ||||||
23 | specifically designed to provide information to one or | ||||||
24 | more law enforcement agencies regarding the physical or |
| |||||||
| |||||||
1 | mental status of one or more individual subjects. | ||||||
2 | (c) Personal information contained within public | ||||||
3 | records, the disclosure of which would constitute a | ||||||
4 | clearly unwarranted invasion of personal privacy, unless | ||||||
5 | the disclosure is consented to in writing by the | ||||||
6 | individual subjects of the information. "Unwarranted | ||||||
7 | invasion of personal privacy" means the disclosure of | ||||||
8 | information that is highly personal or objectionable to a | ||||||
9 | reasonable person and in which the subject's right to | ||||||
10 | privacy outweighs any legitimate public interest in | ||||||
11 | obtaining the information. The disclosure of information | ||||||
12 | that bears on the public duties of public employees and | ||||||
13 | officials shall not be considered an invasion of personal | ||||||
14 | privacy. | ||||||
15 | (d) Records in the possession of any public body | ||||||
16 | created in the course of administrative enforcement | ||||||
17 | proceedings, and any law enforcement or correctional | ||||||
18 | agency for law enforcement purposes, but only to the | ||||||
19 | extent that disclosure would: | ||||||
20 | (i) interfere with pending or actually and | ||||||
21 | reasonably contemplated law enforcement proceedings | ||||||
22 | conducted by any law enforcement or correctional | ||||||
23 | agency that is the recipient of the request; | ||||||
24 | (ii) interfere with active administrative | ||||||
25 | enforcement proceedings conducted by the public body | ||||||
26 | that is the recipient of the request; |
| |||||||
| |||||||
1 | (iii) create a substantial likelihood that a | ||||||
2 | person will be deprived of a fair trial or an impartial | ||||||
3 | hearing; | ||||||
4 | (iv) unavoidably disclose the identity of a | ||||||
5 | confidential source, confidential information | ||||||
6 | furnished only by the confidential source, or persons | ||||||
7 | who file complaints with or provide information to | ||||||
8 | administrative, investigative, law enforcement, or | ||||||
9 | penal agencies; except that the identities of | ||||||
10 | witnesses to traffic crashes, traffic crash reports, | ||||||
11 | and rescue reports shall be provided by agencies of | ||||||
12 | local government, except when disclosure would | ||||||
13 | interfere with an active criminal investigation | ||||||
14 | conducted by the agency that is the recipient of the | ||||||
15 | request; | ||||||
16 | (v) disclose unique or specialized investigative | ||||||
17 | techniques other than those generally used and known | ||||||
18 | or disclose internal documents of correctional | ||||||
19 | agencies related to detection, observation, or | ||||||
20 | investigation of incidents of crime or misconduct, and | ||||||
21 | disclosure would result in demonstrable harm to the | ||||||
22 | agency or public body that is the recipient of the | ||||||
23 | request; | ||||||
24 | (vi) endanger the life or physical safety of law | ||||||
25 | enforcement personnel or any other person; or | ||||||
26 | (vii) obstruct an ongoing criminal investigation |
| |||||||
| |||||||
1 | by the agency that is the recipient of the request. | ||||||
2 | (d-5) A law enforcement record created for law | ||||||
3 | enforcement purposes and contained in a shared electronic | ||||||
4 | record management system if the law enforcement agency | ||||||
5 | that is the recipient of the request did not create the | ||||||
6 | record, did not participate in or have a role in any of the | ||||||
7 | events which are the subject of the record, and only has | ||||||
8 | access to the record through the shared electronic record | ||||||
9 | management system. | ||||||
10 | (d-6) Records contained in the Officer Professional | ||||||
11 | Conduct Database under Section 9.2 of the Illinois Police | ||||||
12 | Training Act, except to the extent authorized under that | ||||||
13 | Section. This includes the documents supplied to the | ||||||
14 | Illinois Law Enforcement Training Standards Board from the | ||||||
15 | Illinois State Police and Illinois State Police Merit | ||||||
16 | Board. | ||||||
17 | (d-7) Information gathered or records created from the | ||||||
18 | use of automatic license plate readers in connection with | ||||||
19 | Section 2-130 of the Illinois Vehicle Code. | ||||||
20 | (e) Records that relate to or affect the security of | ||||||
21 | correctional institutions and detention facilities. | ||||||
22 | (e-5) Records requested by persons committed to the | ||||||
23 | Department of Corrections, Department of Human Services | ||||||
24 | Division of Mental Health, or a county jail if those | ||||||
25 | materials are available in the library of the correctional | ||||||
26 | institution or facility or jail where the inmate is |
| |||||||
| |||||||
1 | confined. | ||||||
2 | (e-6) Records requested by persons committed to the | ||||||
3 | Department of Corrections, Department of Human Services | ||||||
4 | Division of Mental Health, or a county jail if those | ||||||
5 | materials include records from staff members' personnel | ||||||
6 | files, staff rosters, or other staffing assignment | ||||||
7 | information. | ||||||
8 | (e-7) Records requested by persons committed to the | ||||||
9 | Department of Corrections or Department of Human Services | ||||||
10 | Division of Mental Health if those materials are available | ||||||
11 | through an administrative request to the Department of | ||||||
12 | Corrections or Department of Human Services Division of | ||||||
13 | Mental Health. | ||||||
14 | (e-8) Records requested by a person committed to the | ||||||
15 | Department of Corrections, Department of Human Services | ||||||
16 | Division of Mental Health, or a county jail, the | ||||||
17 | disclosure of which would result in the risk of harm to any | ||||||
18 | person or the risk of an escape from a jail or correctional | ||||||
19 | institution or facility. | ||||||
20 | (e-9) Records requested by a person in a county jail | ||||||
21 | or committed to the Department of Corrections or | ||||||
22 | Department of Human Services Division of Mental Health, | ||||||
23 | containing personal information pertaining to the person's | ||||||
24 | victim or the victim's family, including, but not limited | ||||||
25 | to, a victim's home address, home telephone number, work | ||||||
26 | or school address, work telephone number, social security |
| |||||||
| |||||||
1 | number, or any other identifying information, except as | ||||||
2 | may be relevant to a requester's current or potential case | ||||||
3 | or claim. | ||||||
4 | (e-10) Law enforcement records of other persons | ||||||
5 | requested by a person committed to the Department of | ||||||
6 | Corrections, Department of Human Services Division of | ||||||
7 | Mental Health, or a county jail, including, but not | ||||||
8 | limited to, arrest and booking records, mug shots, and | ||||||
9 | crime scene photographs, except as these records may be | ||||||
10 | relevant to the requester's current or potential case or | ||||||
11 | claim. | ||||||
12 | (f) Preliminary drafts, notes, recommendations, | ||||||
13 | memoranda, and other records in which opinions are | ||||||
14 | expressed, or policies or actions are formulated, except | ||||||
15 | that a specific record or relevant portion of a record | ||||||
16 | shall not be exempt when the record is publicly cited and | ||||||
17 | identified by the head of the public body. The exemption | ||||||
18 | provided in this paragraph (f) extends to all those | ||||||
19 | records of officers and agencies of the General Assembly | ||||||
20 | that pertain to the preparation of legislative documents. | ||||||
21 | (g) Trade secrets and commercial or financial | ||||||
22 | information obtained from a person or business where the | ||||||
23 | trade secrets or commercial or financial information are | ||||||
24 | furnished under a claim that they are proprietary, | ||||||
25 | privileged, or confidential, and that disclosure of the | ||||||
26 | trade secrets or commercial or financial information would |
| |||||||
| |||||||
1 | cause competitive harm to the person or business, and only | ||||||
2 | insofar as the claim directly applies to the records | ||||||
3 | requested. | ||||||
4 | The information included under this exemption includes | ||||||
5 | all trade secrets and commercial or financial information | ||||||
6 | obtained by a public body, including a public pension | ||||||
7 | fund, from a private equity fund or a privately held | ||||||
8 | company within the investment portfolio of a private | ||||||
9 | equity fund as a result of either investing or evaluating | ||||||
10 | a potential investment of public funds in a private equity | ||||||
11 | fund. The exemption contained in this item does not apply | ||||||
12 | to the aggregate financial performance information of a | ||||||
13 | private equity fund, nor to the identity of the fund's | ||||||
14 | managers or general partners. The exemption contained in | ||||||
15 | this item does not apply to the identity of a privately | ||||||
16 | held company within the investment portfolio of a private | ||||||
17 | equity fund, unless the disclosure of the identity of a | ||||||
18 | privately held company may cause competitive harm. | ||||||
19 | Nothing contained in this paragraph (g) shall be | ||||||
20 | construed to prevent a person or business from consenting | ||||||
21 | to disclosure. | ||||||
22 | (h) Proposals and bids for any contract, grant, or | ||||||
23 | agreement, including information which if it were | ||||||
24 | disclosed would frustrate procurement or give an advantage | ||||||
25 | to any person proposing to enter into a contractor | ||||||
26 | agreement with the body, until an award or final selection |
| |||||||
| |||||||
1 | is made. Information prepared by or for the body in | ||||||
2 | preparation of a bid solicitation shall be exempt until an | ||||||
3 | award or final selection is made. | ||||||
4 | (i) Valuable formulae, computer geographic systems, | ||||||
5 | designs, drawings, and research data obtained or produced | ||||||
6 | by any public body when disclosure could reasonably be | ||||||
7 | expected to produce private gain or public loss. The | ||||||
8 | exemption for "computer geographic systems" provided in | ||||||
9 | this paragraph (i) does not extend to requests made by | ||||||
10 | news media as defined in Section 2 of this Act when the | ||||||
11 | requested information is not otherwise exempt and the only | ||||||
12 | purpose of the request is to access and disseminate | ||||||
13 | information regarding the health, safety, welfare, or | ||||||
14 | legal rights of the general public. | ||||||
15 | (j) The following information pertaining to | ||||||
16 | educational matters: | ||||||
17 | (i) test questions, scoring keys, and other | ||||||
18 | examination data used to administer an academic | ||||||
19 | examination; | ||||||
20 | (ii) information received by a primary or | ||||||
21 | secondary school, college, or university under its | ||||||
22 | procedures for the evaluation of faculty members by | ||||||
23 | their academic peers; | ||||||
24 | (iii) information concerning a school or | ||||||
25 | university's adjudication of student disciplinary | ||||||
26 | cases, but only to the extent that disclosure would |
| |||||||
| |||||||
1 | unavoidably reveal the identity of the student; and | ||||||
2 | (iv) course materials or research materials used | ||||||
3 | by faculty members. | ||||||
4 | (k) Architects' plans, engineers' technical | ||||||
5 | submissions, and other construction related technical | ||||||
6 | documents for projects not constructed or developed in | ||||||
7 | whole or in part with public funds and the same for | ||||||
8 | projects constructed or developed with public funds, | ||||||
9 | including, but not limited to, power generating and | ||||||
10 | distribution stations and other transmission and | ||||||
11 | distribution facilities, water treatment facilities, | ||||||
12 | airport facilities, sport stadiums, convention centers, | ||||||
13 | and all government owned, operated, or occupied buildings, | ||||||
14 | but only to the extent that disclosure would compromise | ||||||
15 | security. | ||||||
16 | (l) Minutes of meetings of public bodies closed to the | ||||||
17 | public as provided in the Open Meetings Act until the | ||||||
18 | public body makes the minutes available to the public | ||||||
19 | under Section 2.06 of the Open Meetings Act. | ||||||
20 | (m) Communications between a public body and an | ||||||
21 | attorney or auditor representing the public body that | ||||||
22 | would not be subject to discovery in litigation, and | ||||||
23 | materials prepared or compiled by or for a public body in | ||||||
24 | anticipation of a criminal, civil, or administrative | ||||||
25 | proceeding upon the request of an attorney advising the | ||||||
26 | public body, and materials prepared or compiled with |
| |||||||
| |||||||
1 | respect to internal audits of public bodies. | ||||||
2 | (n) Records relating to a public body's adjudication | ||||||
3 | of employee grievances or disciplinary cases; however, | ||||||
4 | this exemption shall not extend to the final outcome of | ||||||
5 | cases in which discipline is imposed. | ||||||
6 | (o) Administrative or technical information associated | ||||||
7 | with automated data processing operations, including, but | ||||||
8 | not limited to, software, operating protocols, computer | ||||||
9 | program abstracts, file layouts, source listings, object | ||||||
10 | modules, load modules, user guides, documentation | ||||||
11 | pertaining to all logical and physical design of | ||||||
12 | computerized systems, employee manuals, and any other | ||||||
13 | information that, if disclosed, would jeopardize the | ||||||
14 | security of the system or its data or the security of | ||||||
15 | materials exempt under this Section. | ||||||
16 | (p) Records relating to collective negotiating matters | ||||||
17 | between public bodies and their employees or | ||||||
18 | representatives, except that any final contract or | ||||||
19 | agreement shall be subject to inspection and copying. | ||||||
20 | (q) Test questions, scoring keys, and other | ||||||
21 | examination data used to determine the qualifications of | ||||||
22 | an applicant for a license or employment. | ||||||
23 | (r) The records, documents, and information relating | ||||||
24 | to real estate purchase negotiations until those | ||||||
25 | negotiations have been completed or otherwise terminated. | ||||||
26 | With regard to a parcel involved in a pending or actually |
| |||||||
| |||||||
1 | and reasonably contemplated eminent domain proceeding | ||||||
2 | under the Eminent Domain Act, records, documents, and | ||||||
3 | information relating to that parcel shall be exempt except | ||||||
4 | as may be allowed under discovery rules adopted by the | ||||||
5 | Illinois Supreme Court. The records, documents, and | ||||||
6 | information relating to a real estate sale shall be exempt | ||||||
7 | until a sale is consummated. | ||||||
8 | (s) Any and all proprietary information and records | ||||||
9 | related to the operation of an intergovernmental risk | ||||||
10 | management association or self-insurance pool or jointly | ||||||
11 | self-administered health and accident cooperative or pool. | ||||||
12 | Insurance or self-insurance (including any | ||||||
13 | intergovernmental risk management association or | ||||||
14 | self-insurance pool) claims, loss or risk management | ||||||
15 | information, records, data, advice, or communications. | ||||||
16 | (t) Information contained in or related to | ||||||
17 | examination, operating, or condition reports prepared by, | ||||||
18 | on behalf of, or for the use of a public body responsible | ||||||
19 | for the regulation or supervision of financial | ||||||
20 | institutions, insurance companies, or pharmacy benefit | ||||||
21 | managers, unless disclosure is otherwise required by State | ||||||
22 | law. | ||||||
23 | (u) Information that would disclose or might lead to | ||||||
24 | the disclosure of secret or confidential information, | ||||||
25 | codes, algorithms, programs, or private keys intended to | ||||||
26 | be used to create electronic signatures under the Uniform |
| |||||||
| |||||||
1 | Electronic Transactions Act. | ||||||
2 | (v) Vulnerability assessments, security measures, and | ||||||
3 | response policies or plans that are designed to identify, | ||||||
4 | prevent, or respond to potential attacks upon a | ||||||
5 | community's population or systems, facilities, or | ||||||
6 | installations, but only to the extent that disclosure | ||||||
7 | could reasonably be expected to expose the vulnerability | ||||||
8 | or jeopardize the effectiveness of the measures, policies, | ||||||
9 | or plans, or the safety of the personnel who implement | ||||||
10 | them or the public. Information exempt under this item may | ||||||
11 | include such things as details pertaining to the | ||||||
12 | mobilization or deployment of personnel or equipment, to | ||||||
13 | the operation of communication systems or protocols, to | ||||||
14 | cybersecurity vulnerabilities, or to tactical operations. | ||||||
15 | (w) (Blank). | ||||||
16 | (x) Maps and other records regarding the location or | ||||||
17 | security of generation, transmission, distribution, | ||||||
18 | storage, gathering, treatment, or switching facilities | ||||||
19 | owned by a utility, by a power generator, or by the | ||||||
20 | Illinois Power Agency. | ||||||
21 | (y) Information contained in or related to proposals, | ||||||
22 | bids, or negotiations related to electric power | ||||||
23 | procurement under Section 1-75 of the Illinois Power | ||||||
24 | Agency Act and Section 16-111.5 of the Public Utilities | ||||||
25 | Act that is determined to be confidential and proprietary | ||||||
26 | by the Illinois Power Agency or by the Illinois Commerce |
| |||||||
| |||||||
1 | Commission. | ||||||
2 | (z) Information about students exempted from | ||||||
3 | disclosure under Section 10-20.38 or 34-18.29 of the | ||||||
4 | School Code, and information about undergraduate students | ||||||
5 | enrolled at an institution of higher education exempted | ||||||
6 | from disclosure under Section 25 of the Illinois Credit | ||||||
7 | Card Marketing Act of 2009. | ||||||
8 | (aa) Information the disclosure of which is exempted | ||||||
9 | under the Viatical Settlements Act of 2009. | ||||||
10 | (bb) Records and information provided to a mortality | ||||||
11 | review team and records maintained by a mortality review | ||||||
12 | team appointed under the Department of Juvenile Justice | ||||||
13 | Mortality Review Team Act. | ||||||
14 | (cc) Information regarding interments, entombments, or | ||||||
15 | inurnments of human remains that are submitted to the | ||||||
16 | Cemetery Oversight Database under the Cemetery Care Act or | ||||||
17 | the Cemetery Oversight Act, whichever is applicable. | ||||||
18 | (dd) Correspondence and records (i) that may not be | ||||||
19 | disclosed under Section 11-9 of the Illinois Public Aid | ||||||
20 | Code or (ii) that pertain to appeals under Section 11-8 of | ||||||
21 | the Illinois Public Aid Code. | ||||||
22 | (ee) The names, addresses, or other personal | ||||||
23 | information of persons who are minors and are also | ||||||
24 | participants and registrants in programs of park | ||||||
25 | districts, forest preserve districts, conservation | ||||||
26 | districts, recreation agencies, and special recreation |
| |||||||
| |||||||
1 | associations. | ||||||
2 | (ff) The names, addresses, or other personal | ||||||
3 | information of participants and registrants in programs of | ||||||
4 | park districts, forest preserve districts, conservation | ||||||
5 | districts, recreation agencies, and special recreation | ||||||
6 | associations where such programs are targeted primarily to | ||||||
7 | minors. | ||||||
8 | (gg) Confidential information described in Section | ||||||
9 | 1-100 of the Illinois Independent Tax Tribunal Act of | ||||||
10 | 2012. | ||||||
11 | (hh) The report submitted to the State Board of | ||||||
12 | Education by the School Security and Standards Task Force | ||||||
13 | under item (8) of subsection (d) of Section 2-3.160 of the | ||||||
14 | School Code and any information contained in that report. | ||||||
15 | (ii) Records requested by persons committed to or | ||||||
16 | detained by the Department of Human Services under the | ||||||
17 | Sexually Violent Persons Commitment Act or committed to | ||||||
18 | the Department of Corrections under the Sexually Dangerous | ||||||
19 | Persons Act if those materials: (i) are available in the | ||||||
20 | library of the facility where the individual is confined; | ||||||
21 | (ii) include records from staff members' personnel files, | ||||||
22 | staff rosters, or other staffing assignment information; | ||||||
23 | or (iii) are available through an administrative request | ||||||
24 | to the Department of Human Services or the Department of | ||||||
25 | Corrections. | ||||||
26 | (jj) Confidential information described in Section |
| |||||||
| |||||||
1 | 5-535 of the Civil Administrative Code of Illinois. | ||||||
2 | (kk) The public body's credit card numbers, debit card | ||||||
3 | numbers, bank account numbers, Federal Employer | ||||||
4 | Identification Number, security code numbers, passwords, | ||||||
5 | and similar account information, the disclosure of which | ||||||
6 | could result in identity theft or impression or defrauding | ||||||
7 | of a governmental entity or a person. | ||||||
8 | (ll) Records concerning the work of the threat | ||||||
9 | assessment team of a school district, including, but not | ||||||
10 | limited to, any threat assessment procedure under the | ||||||
11 | School Safety Drill Act and any information contained in | ||||||
12 | the procedure. | ||||||
13 | (mm) Information prohibited from being disclosed under | ||||||
14 | subsections (a) and (b) of Section 15 of the Student | ||||||
15 | Confidential Reporting Act. | ||||||
16 | (nn) Proprietary information submitted to the | ||||||
17 | Environmental Protection Agency under the Drug Take-Back | ||||||
18 | Act. | ||||||
19 | (oo) Records described in subsection (f) of Section | ||||||
20 | 3-5-1 of the Unified Code of Corrections. | ||||||
21 | (pp) Any and all information regarding burials, | ||||||
22 | interments, or entombments of human remains as required to | ||||||
23 | be reported to the Department of Natural Resources | ||||||
24 | pursuant either to the Archaeological and Paleontological | ||||||
25 | Resources Protection Act or the Human Remains Protection | ||||||
26 | Act. |
| |||||||
| |||||||
1 | (qq) (pp) Reports described in subsection (e) of | ||||||
2 | Section 16-15 of the Abortion Care Clinical Training | ||||||
3 | Program Act. | ||||||
4 | (rr) (pp) Information obtained by a certified local | ||||||
5 | health department under the Access to Public Health Data | ||||||
6 | Act. | ||||||
7 | (ss) (pp) For a request directed to a public body that | ||||||
8 | is also a HIPAA-covered entity, all information that is | ||||||
9 | protected health information, including demographic | ||||||
10 | information, that may be contained within or extracted | ||||||
11 | from any record held by the public body in compliance with | ||||||
12 | State and federal medical privacy laws and regulations, | ||||||
13 | including, but not limited to, the Health Insurance | ||||||
14 | Portability and Accountability Act and its regulations, 45 | ||||||
15 | CFR Parts 160 and 164. As used in this paragraph, | ||||||
16 | "HIPAA-covered entity" has the meaning given to the term | ||||||
17 | "covered entity" in 45 CFR 160.103 and "protected health | ||||||
18 | information" has the meaning given to that term in 45 CFR | ||||||
19 | 160.103. | ||||||
20 | (1.5) Any information exempt from disclosure under the | ||||||
21 | Judicial Privacy Act shall be redacted from public records | ||||||
22 | prior to disclosure under this Act. | ||||||
23 | (2) A public record that is not in the possession of a | ||||||
24 | public body but is in the possession of a party with whom the | ||||||
25 | agency has contracted to perform a governmental function on | ||||||
26 | behalf of the public body, and that directly relates to the |
| |||||||
| |||||||
1 | governmental function and is not otherwise exempt under this | ||||||
2 | Act, shall be considered a public record of the public body, | ||||||
3 | for purposes of this Act. | ||||||
4 | (3) This Section does not authorize withholding of | ||||||
5 | information or limit the availability of records to the | ||||||
6 | public, except as stated in this Section or otherwise provided | ||||||
7 | in this Act. | ||||||
8 | (Source: P.A. 102-38, eff. 6-25-21; 102-558, eff. 8-20-21; | ||||||
9 | 102-694, eff. 1-7-22; 102-752, eff. 5-6-22; 102-753, eff. | ||||||
10 | 1-1-23; 102-776, eff. 1-1-23; 102-791, eff. 5-13-22; 102-982, | ||||||
11 | eff. 7-1-23; 102-1055, eff. 6-10-22; 103-154, eff. 6-30-23; | ||||||
12 | 103-423, eff. 1-1-24; 103-446, eff. 8-4-23; 103-462, eff. | ||||||
13 | 8-4-23; 103-540, eff. 1-1-24; 103-554, eff. 1-1-24; revised | ||||||
14 | 9-7-23.)
| ||||||
15 | (5 ILCS 140/7.5) | ||||||
16 | (Text of Section before amendment by P.A. 103-472 ) | ||||||
17 | Sec. 7.5. Statutory exemptions. To the extent provided for | ||||||
18 | by the statutes referenced below, the following shall be | ||||||
19 | exempt from inspection and copying: | ||||||
20 | (a) All information determined to be confidential | ||||||
21 | under Section 4002 of the Technology Advancement and | ||||||
22 | Development Act. | ||||||
23 | (b) Library circulation and order records identifying | ||||||
24 | library users with specific materials under the Library | ||||||
25 | Records Confidentiality Act. |
| |||||||
| |||||||
1 | (c) Applications, related documents, and medical | ||||||
2 | records received by the Experimental Organ Transplantation | ||||||
3 | Procedures Board and any and all documents or other | ||||||
4 | records prepared by the Experimental Organ Transplantation | ||||||
5 | Procedures Board or its staff relating to applications it | ||||||
6 | has received. | ||||||
7 | (d) Information and records held by the Department of | ||||||
8 | Public Health and its authorized representatives relating | ||||||
9 | to known or suspected cases of sexually transmissible | ||||||
10 | disease or any information the disclosure of which is | ||||||
11 | restricted under the Illinois Sexually Transmissible | ||||||
12 | Disease Control Act. | ||||||
13 | (e) Information the disclosure of which is exempted | ||||||
14 | under Section 30 of the Radon Industry Licensing Act. | ||||||
15 | (f) Firm performance evaluations under Section 55 of | ||||||
16 | the Architectural, Engineering, and Land Surveying | ||||||
17 | Qualifications Based Selection Act. | ||||||
18 | (g) Information the disclosure of which is restricted | ||||||
19 | and exempted under Section 50 of the Illinois Prepaid | ||||||
20 | Tuition Act. | ||||||
21 | (h) Information the disclosure of which is exempted | ||||||
22 | under the State Officials and Employees Ethics Act, and | ||||||
23 | records of any lawfully created State or local inspector | ||||||
24 | general's office that would be exempt if created or | ||||||
25 | obtained by an Executive Inspector General's office under | ||||||
26 | that Act. |
| |||||||
| |||||||
1 | (i) Information contained in a local emergency energy | ||||||
2 | plan submitted to a municipality in accordance with a | ||||||
3 | local emergency energy plan ordinance that is adopted | ||||||
4 | under Section 11-21.5-5 of the Illinois Municipal Code. | ||||||
5 | (j) Information and data concerning the distribution | ||||||
6 | of surcharge moneys collected and remitted by carriers | ||||||
7 | under the Emergency Telephone System Act. | ||||||
8 | (k) Law enforcement officer identification information | ||||||
9 | or driver identification information compiled by a law | ||||||
10 | enforcement agency or the Department of Transportation | ||||||
11 | under Section 11-212 of the Illinois Vehicle Code. | ||||||
12 | (l) Records and information provided to a residential | ||||||
13 | health care facility resident sexual assault and death | ||||||
14 | review team or the Executive Council under the Abuse | ||||||
15 | Prevention Review Team Act. | ||||||
16 | (m) Information provided to the predatory lending | ||||||
17 | database created pursuant to Article 3 of the Residential | ||||||
18 | Real Property Disclosure Act, except to the extent | ||||||
19 | authorized under that Article. | ||||||
20 | (n) Defense budgets and petitions for certification of | ||||||
21 | compensation and expenses for court appointed trial | ||||||
22 | counsel as provided under Sections 10 and 15 of the | ||||||
23 | Capital Crimes Litigation Act (repealed) . This subsection | ||||||
24 | (n) shall apply until the conclusion of the trial of the | ||||||
25 | case, even if the prosecution chooses not to pursue the | ||||||
26 | death penalty prior to trial or sentencing. |
| |||||||
| |||||||
1 | (o) Information that is prohibited from being | ||||||
2 | disclosed under Section 4 of the Illinois Health and | ||||||
3 | Hazardous Substances Registry Act. | ||||||
4 | (p) Security portions of system safety program plans, | ||||||
5 | investigation reports, surveys, schedules, lists, data, or | ||||||
6 | information compiled, collected, or prepared by or for the | ||||||
7 | Department of Transportation under Sections 2705-300 and | ||||||
8 | 2705-616 of the Department of Transportation Law of the | ||||||
9 | Civil Administrative Code of Illinois, the Regional | ||||||
10 | Transportation Authority under Section 2.11 of the | ||||||
11 | Regional Transportation Authority Act, or the St. Clair | ||||||
12 | County Transit District under the Bi-State Transit Safety | ||||||
13 | Act (repealed) . | ||||||
14 | (q) Information prohibited from being disclosed by the | ||||||
15 | Personnel Record Review Act. | ||||||
16 | (r) Information prohibited from being disclosed by the | ||||||
17 | Illinois School Student Records Act. | ||||||
18 | (s) Information the disclosure of which is restricted | ||||||
19 | under Section 5-108 of the Public Utilities Act. | ||||||
20 | (t) (Blank). | ||||||
21 | (u) Records and information provided to an independent | ||||||
22 | team of experts under the Developmental Disability and | ||||||
23 | Mental Health Safety Act (also known as Brian's Law). | ||||||
24 | (v) Names and information of people who have applied | ||||||
25 | for or received Firearm Owner's Identification Cards under | ||||||
26 | the Firearm Owners Identification Card Act or applied for |
| |||||||
| |||||||
1 | or received a concealed carry license under the Firearm | ||||||
2 | Concealed Carry Act, unless otherwise authorized by the | ||||||
3 | Firearm Concealed Carry Act; and databases under the | ||||||
4 | Firearm Concealed Carry Act, records of the Concealed | ||||||
5 | Carry Licensing Review Board under the Firearm Concealed | ||||||
6 | Carry Act, and law enforcement agency objections under the | ||||||
7 | Firearm Concealed Carry Act. | ||||||
8 | (v-5) Records of the Firearm Owner's Identification | ||||||
9 | Card Review Board that are exempted from disclosure under | ||||||
10 | Section 10 of the Firearm Owners Identification Card Act. | ||||||
11 | (w) Personally identifiable information which is | ||||||
12 | exempted from disclosure under subsection (g) of Section | ||||||
13 | 19.1 of the Toll Highway Act. | ||||||
14 | (x) Information which is exempted from disclosure | ||||||
15 | under Section 5-1014.3 of the Counties Code or Section | ||||||
16 | 8-11-21 of the Illinois Municipal Code. | ||||||
17 | (y) Confidential information under the Adult | ||||||
18 | Protective Services Act and its predecessor enabling | ||||||
19 | statute, the Elder Abuse and Neglect Act, including | ||||||
20 | information about the identity and administrative finding | ||||||
21 | against any caregiver of a verified and substantiated | ||||||
22 | decision of abuse, neglect, or financial exploitation of | ||||||
23 | an eligible adult maintained in the Registry established | ||||||
24 | under Section 7.5 of the Adult Protective Services Act. | ||||||
25 | (z) Records and information provided to a fatality | ||||||
26 | review team or the Illinois Fatality Review Team Advisory |
| |||||||
| |||||||
1 | Council under Section 15 of the Adult Protective Services | ||||||
2 | Act. | ||||||
3 | (aa) Information which is exempted from disclosure | ||||||
4 | under Section 2.37 of the Wildlife Code. | ||||||
5 | (bb) Information which is or was prohibited from | ||||||
6 | disclosure by the Juvenile Court Act of 1987. | ||||||
7 | (cc) Recordings made under the Law Enforcement | ||||||
8 | Officer-Worn Body Camera Act, except to the extent | ||||||
9 | authorized under that Act. | ||||||
10 | (dd) Information that is prohibited from being | ||||||
11 | disclosed under Section 45 of the Condominium and Common | ||||||
12 | Interest Community Ombudsperson Act. | ||||||
13 | (ee) Information that is exempted from disclosure | ||||||
14 | under Section 30.1 of the Pharmacy Practice Act. | ||||||
15 | (ff) Information that is exempted from disclosure | ||||||
16 | under the Revised Uniform Unclaimed Property Act. | ||||||
17 | (gg) Information that is prohibited from being | ||||||
18 | disclosed under Section 7-603.5 of the Illinois Vehicle | ||||||
19 | Code. | ||||||
20 | (hh) Records that are exempt from disclosure under | ||||||
21 | Section 1A-16.7 of the Election Code. | ||||||
22 | (ii) Information which is exempted from disclosure | ||||||
23 | under Section 2505-800 of the Department of Revenue Law of | ||||||
24 | the Civil Administrative Code of Illinois. | ||||||
25 | (jj) Information and reports that are required to be | ||||||
26 | submitted to the Department of Labor by registering day |
| |||||||
| |||||||
1 | and temporary labor service agencies but are exempt from | ||||||
2 | disclosure under subsection (a-1) of Section 45 of the Day | ||||||
3 | and Temporary Labor Services Act. | ||||||
4 | (kk) Information prohibited from disclosure under the | ||||||
5 | Seizure and Forfeiture Reporting Act. | ||||||
6 | (ll) Information the disclosure of which is restricted | ||||||
7 | and exempted under Section 5-30.8 of the Illinois Public | ||||||
8 | Aid Code. | ||||||
9 | (mm) Records that are exempt from disclosure under | ||||||
10 | Section 4.2 of the Crime Victims Compensation Act. | ||||||
11 | (nn) Information that is exempt from disclosure under | ||||||
12 | Section 70 of the Higher Education Student Assistance Act. | ||||||
13 | (oo) Communications, notes, records, and reports | ||||||
14 | arising out of a peer support counseling session | ||||||
15 | prohibited from disclosure under the First Responders | ||||||
16 | Suicide Prevention Act. | ||||||
17 | (pp) Names and all identifying information relating to | ||||||
18 | an employee of an emergency services provider or law | ||||||
19 | enforcement agency under the First Responders Suicide | ||||||
20 | Prevention Act. | ||||||
21 | (qq) Information and records held by the Department of | ||||||
22 | Public Health and its authorized representatives collected | ||||||
23 | under the Reproductive Health Act. | ||||||
24 | (rr) Information that is exempt from disclosure under | ||||||
25 | the Cannabis Regulation and Tax Act. | ||||||
26 | (ss) Data reported by an employer to the Department of |
| |||||||
| |||||||
1 | Human Rights pursuant to Section 2-108 of the Illinois | ||||||
2 | Human Rights Act. | ||||||
3 | (tt) Recordings made under the Children's Advocacy | ||||||
4 | Center Act, except to the extent authorized under that | ||||||
5 | Act. | ||||||
6 | (uu) Information that is exempt from disclosure under | ||||||
7 | Section 50 of the Sexual Assault Evidence Submission Act. | ||||||
8 | (vv) Information that is exempt from disclosure under | ||||||
9 | subsections (f) and (j) of Section 5-36 of the Illinois | ||||||
10 | Public Aid Code. | ||||||
11 | (ww) Information that is exempt from disclosure under | ||||||
12 | Section 16.8 of the State Treasurer Act. | ||||||
13 | (xx) Information that is exempt from disclosure or | ||||||
14 | information that shall not be made public under the | ||||||
15 | Illinois Insurance Code. | ||||||
16 | (yy) Information prohibited from being disclosed under | ||||||
17 | the Illinois Educational Labor Relations Act. | ||||||
18 | (zz) Information prohibited from being disclosed under | ||||||
19 | the Illinois Public Labor Relations Act. | ||||||
20 | (aaa) Information prohibited from being disclosed | ||||||
21 | under Section 1-167 of the Illinois Pension Code. | ||||||
22 | (bbb) Information that is prohibited from disclosure | ||||||
23 | by the Illinois Police Training Act and the Illinois State | ||||||
24 | Police Act. | ||||||
25 | (ccc) Records exempt from disclosure under Section | ||||||
26 | 2605-304 of the Illinois State Police Law of the Civil |
| |||||||
| |||||||
1 | Administrative Code of Illinois. | ||||||
2 | (ddd) Information prohibited from being disclosed | ||||||
3 | under Section 35 of the Address Confidentiality for | ||||||
4 | Victims of Domestic Violence, Sexual Assault, Human | ||||||
5 | Trafficking, or Stalking Act. | ||||||
6 | (eee) Information prohibited from being disclosed | ||||||
7 | under subsection (b) of Section 75 of the Domestic | ||||||
8 | Violence Fatality Review Act. | ||||||
9 | (fff) Images from cameras under the Expressway Camera | ||||||
10 | Act. This subsection (fff) is inoperative on and after | ||||||
11 | July 1, 2025. | ||||||
12 | (ggg) Information prohibited from disclosure under | ||||||
13 | paragraph (3) of subsection (a) of Section 14 of the Nurse | ||||||
14 | Agency Licensing Act. | ||||||
15 | (hhh) Information submitted to the Illinois State | ||||||
16 | Police in an affidavit or application for an assault | ||||||
17 | weapon endorsement, assault weapon attachment endorsement, | ||||||
18 | .50 caliber rifle endorsement, or .50 caliber cartridge | ||||||
19 | endorsement under the Firearm Owners Identification Card | ||||||
20 | Act. | ||||||
21 | (iii) Data exempt from disclosure under Section 50 of | ||||||
22 | the School Safety Drill Act. | ||||||
23 | (jjj) (hhh) Information exempt from disclosure under | ||||||
24 | Section 30 of the Insurance Data Security Law. | ||||||
25 | (kkk) (iii) Confidential business information | ||||||
26 | prohibited from disclosure under Section 45 of the Paint |
| |||||||
| |||||||
1 | Stewardship Act. | ||||||
2 | (lll) (Reserved). | ||||||
3 | (mmm) (iii) Information prohibited from being | ||||||
4 | disclosed under subsection (e) of Section 1-129 of the | ||||||
5 | Illinois Power Agency Act. | ||||||
6 | (Source: P.A. 102-36, eff. 6-25-21; 102-237, eff. 1-1-22; | ||||||
7 | 102-292, eff. 1-1-22; 102-520, eff. 8-20-21; 102-559, eff. | ||||||
8 | 8-20-21; 102-813, eff. 5-13-22; 102-946, eff. 7-1-22; | ||||||
9 | 102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23; 103-8, eff. | ||||||
10 | 6-7-23; 103-34, eff. 6-9-23; 103-142, eff. 1-1-24; 103-372, | ||||||
11 | eff. 1-1-24; 103-508, eff. 8-4-23; 103-580, eff. 12-8-23; | ||||||
12 | revised 1-2-24.)
| ||||||
13 | (Text of Section after amendment by P.A. 103-472 ) | ||||||
14 | Sec. 7.5. Statutory exemptions. To the extent provided for | ||||||
15 | by the statutes referenced below, the following shall be | ||||||
16 | exempt from inspection and copying: | ||||||
17 | (a) All information determined to be confidential | ||||||
18 | under Section 4002 of the Technology Advancement and | ||||||
19 | Development Act. | ||||||
20 | (b) Library circulation and order records identifying | ||||||
21 | library users with specific materials under the Library | ||||||
22 | Records Confidentiality Act. | ||||||
23 | (c) Applications, related documents, and medical | ||||||
24 | records received by the Experimental Organ Transplantation | ||||||
25 | Procedures Board and any and all documents or other |
| |||||||
| |||||||
1 | records prepared by the Experimental Organ Transplantation | ||||||
2 | Procedures Board or its staff relating to applications it | ||||||
3 | has received. | ||||||
4 | (d) Information and records held by the Department of | ||||||
5 | Public Health and its authorized representatives relating | ||||||
6 | to known or suspected cases of sexually transmissible | ||||||
7 | disease or any information the disclosure of which is | ||||||
8 | restricted under the Illinois Sexually Transmissible | ||||||
9 | Disease Control Act. | ||||||
10 | (e) Information the disclosure of which is exempted | ||||||
11 | under Section 30 of the Radon Industry Licensing Act. | ||||||
12 | (f) Firm performance evaluations under Section 55 of | ||||||
13 | the Architectural, Engineering, and Land Surveying | ||||||
14 | Qualifications Based Selection Act. | ||||||
15 | (g) Information the disclosure of which is restricted | ||||||
16 | and exempted under Section 50 of the Illinois Prepaid | ||||||
17 | Tuition Act. | ||||||
18 | (h) Information the disclosure of which is exempted | ||||||
19 | under the State Officials and Employees Ethics Act, and | ||||||
20 | records of any lawfully created State or local inspector | ||||||
21 | general's office that would be exempt if created or | ||||||
22 | obtained by an Executive Inspector General's office under | ||||||
23 | that Act. | ||||||
24 | (i) Information contained in a local emergency energy | ||||||
25 | plan submitted to a municipality in accordance with a | ||||||
26 | local emergency energy plan ordinance that is adopted |
| |||||||
| |||||||
1 | under Section 11-21.5-5 of the Illinois Municipal Code. | ||||||
2 | (j) Information and data concerning the distribution | ||||||
3 | of surcharge moneys collected and remitted by carriers | ||||||
4 | under the Emergency Telephone System Act. | ||||||
5 | (k) Law enforcement officer identification information | ||||||
6 | or driver identification information compiled by a law | ||||||
7 | enforcement agency or the Department of Transportation | ||||||
8 | under Section 11-212 of the Illinois Vehicle Code. | ||||||
9 | (l) Records and information provided to a residential | ||||||
10 | health care facility resident sexual assault and death | ||||||
11 | review team or the Executive Council under the Abuse | ||||||
12 | Prevention Review Team Act. | ||||||
13 | (m) Information provided to the predatory lending | ||||||
14 | database created pursuant to Article 3 of the Residential | ||||||
15 | Real Property Disclosure Act, except to the extent | ||||||
16 | authorized under that Article. | ||||||
17 | (n) Defense budgets and petitions for certification of | ||||||
18 | compensation and expenses for court appointed trial | ||||||
19 | counsel as provided under Sections 10 and 15 of the | ||||||
20 | Capital Crimes Litigation Act (repealed) . This subsection | ||||||
21 | (n) shall apply until the conclusion of the trial of the | ||||||
22 | case, even if the prosecution chooses not to pursue the | ||||||
23 | death penalty prior to trial or sentencing. | ||||||
24 | (o) Information that is prohibited from being | ||||||
25 | disclosed under Section 4 of the Illinois Health and | ||||||
26 | Hazardous Substances Registry Act. |
| |||||||
| |||||||
1 | (p) Security portions of system safety program plans, | ||||||
2 | investigation reports, surveys, schedules, lists, data, or | ||||||
3 | information compiled, collected, or prepared by or for the | ||||||
4 | Department of Transportation under Sections 2705-300 and | ||||||
5 | 2705-616 of the Department of Transportation Law of the | ||||||
6 | Civil Administrative Code of Illinois, the Regional | ||||||
7 | Transportation Authority under Section 2.11 of the | ||||||
8 | Regional Transportation Authority Act, or the St. Clair | ||||||
9 | County Transit District under the Bi-State Transit Safety | ||||||
10 | Act (repealed) . | ||||||
11 | (q) Information prohibited from being disclosed by the | ||||||
12 | Personnel Record Review Act. | ||||||
13 | (r) Information prohibited from being disclosed by the | ||||||
14 | Illinois School Student Records Act. | ||||||
15 | (s) Information the disclosure of which is restricted | ||||||
16 | under Section 5-108 of the Public Utilities Act. | ||||||
17 | (t) (Blank). | ||||||
18 | (u) Records and information provided to an independent | ||||||
19 | team of experts under the Developmental Disability and | ||||||
20 | Mental Health Safety Act (also known as Brian's Law). | ||||||
21 | (v) Names and information of people who have applied | ||||||
22 | for or received Firearm Owner's Identification Cards under | ||||||
23 | the Firearm Owners Identification Card Act or applied for | ||||||
24 | or received a concealed carry license under the Firearm | ||||||
25 | Concealed Carry Act, unless otherwise authorized by the | ||||||
26 | Firearm Concealed Carry Act; and databases under the |
| |||||||
| |||||||
1 | Firearm Concealed Carry Act, records of the Concealed | ||||||
2 | Carry Licensing Review Board under the Firearm Concealed | ||||||
3 | Carry Act, and law enforcement agency objections under the | ||||||
4 | Firearm Concealed Carry Act. | ||||||
5 | (v-5) Records of the Firearm Owner's Identification | ||||||
6 | Card Review Board that are exempted from disclosure under | ||||||
7 | Section 10 of the Firearm Owners Identification Card Act. | ||||||
8 | (w) Personally identifiable information which is | ||||||
9 | exempted from disclosure under subsection (g) of Section | ||||||
10 | 19.1 of the Toll Highway Act. | ||||||
11 | (x) Information which is exempted from disclosure | ||||||
12 | under Section 5-1014.3 of the Counties Code or Section | ||||||
13 | 8-11-21 of the Illinois Municipal Code. | ||||||
14 | (y) Confidential information under the Adult | ||||||
15 | Protective Services Act and its predecessor enabling | ||||||
16 | statute, the Elder Abuse and Neglect Act, including | ||||||
17 | information about the identity and administrative finding | ||||||
18 | against any caregiver of a verified and substantiated | ||||||
19 | decision of abuse, neglect, or financial exploitation of | ||||||
20 | an eligible adult maintained in the Registry established | ||||||
21 | under Section 7.5 of the Adult Protective Services Act. | ||||||
22 | (z) Records and information provided to a fatality | ||||||
23 | review team or the Illinois Fatality Review Team Advisory | ||||||
24 | Council under Section 15 of the Adult Protective Services | ||||||
25 | Act. | ||||||
26 | (aa) Information which is exempted from disclosure |
| |||||||
| |||||||
1 | under Section 2.37 of the Wildlife Code. | ||||||
2 | (bb) Information which is or was prohibited from | ||||||
3 | disclosure by the Juvenile Court Act of 1987. | ||||||
4 | (cc) Recordings made under the Law Enforcement | ||||||
5 | Officer-Worn Body Camera Act, except to the extent | ||||||
6 | authorized under that Act. | ||||||
7 | (dd) Information that is prohibited from being | ||||||
8 | disclosed under Section 45 of the Condominium and Common | ||||||
9 | Interest Community Ombudsperson Act. | ||||||
10 | (ee) Information that is exempted from disclosure | ||||||
11 | under Section 30.1 of the Pharmacy Practice Act. | ||||||
12 | (ff) Information that is exempted from disclosure | ||||||
13 | under the Revised Uniform Unclaimed Property Act. | ||||||
14 | (gg) Information that is prohibited from being | ||||||
15 | disclosed under Section 7-603.5 of the Illinois Vehicle | ||||||
16 | Code. | ||||||
17 | (hh) Records that are exempt from disclosure under | ||||||
18 | Section 1A-16.7 of the Election Code. | ||||||
19 | (ii) Information which is exempted from disclosure | ||||||
20 | under Section 2505-800 of the Department of Revenue Law of | ||||||
21 | the Civil Administrative Code of Illinois. | ||||||
22 | (jj) Information and reports that are required to be | ||||||
23 | submitted to the Department of Labor by registering day | ||||||
24 | and temporary labor service agencies but are exempt from | ||||||
25 | disclosure under subsection (a-1) of Section 45 of the Day | ||||||
26 | and Temporary Labor Services Act. |
| |||||||
| |||||||
1 | (kk) Information prohibited from disclosure under the | ||||||
2 | Seizure and Forfeiture Reporting Act. | ||||||
3 | (ll) Information the disclosure of which is restricted | ||||||
4 | and exempted under Section 5-30.8 of the Illinois Public | ||||||
5 | Aid Code. | ||||||
6 | (mm) Records that are exempt from disclosure under | ||||||
7 | Section 4.2 of the Crime Victims Compensation Act. | ||||||
8 | (nn) Information that is exempt from disclosure under | ||||||
9 | Section 70 of the Higher Education Student Assistance Act. | ||||||
10 | (oo) Communications, notes, records, and reports | ||||||
11 | arising out of a peer support counseling session | ||||||
12 | prohibited from disclosure under the First Responders | ||||||
13 | Suicide Prevention Act. | ||||||
14 | (pp) Names and all identifying information relating to | ||||||
15 | an employee of an emergency services provider or law | ||||||
16 | enforcement agency under the First Responders Suicide | ||||||
17 | Prevention Act. | ||||||
18 | (qq) Information and records held by the Department of | ||||||
19 | Public Health and its authorized representatives collected | ||||||
20 | under the Reproductive Health Act. | ||||||
21 | (rr) Information that is exempt from disclosure under | ||||||
22 | the Cannabis Regulation and Tax Act. | ||||||
23 | (ss) Data reported by an employer to the Department of | ||||||
24 | Human Rights pursuant to Section 2-108 of the Illinois | ||||||
25 | Human Rights Act. | ||||||
26 | (tt) Recordings made under the Children's Advocacy |
| |||||||
| |||||||
1 | Center Act, except to the extent authorized under that | ||||||
2 | Act. | ||||||
3 | (uu) Information that is exempt from disclosure under | ||||||
4 | Section 50 of the Sexual Assault Evidence Submission Act. | ||||||
5 | (vv) Information that is exempt from disclosure under | ||||||
6 | subsections (f) and (j) of Section 5-36 of the Illinois | ||||||
7 | Public Aid Code. | ||||||
8 | (ww) Information that is exempt from disclosure under | ||||||
9 | Section 16.8 of the State Treasurer Act. | ||||||
10 | (xx) Information that is exempt from disclosure or | ||||||
11 | information that shall not be made public under the | ||||||
12 | Illinois Insurance Code. | ||||||
13 | (yy) Information prohibited from being disclosed under | ||||||
14 | the Illinois Educational Labor Relations Act. | ||||||
15 | (zz) Information prohibited from being disclosed under | ||||||
16 | the Illinois Public Labor Relations Act. | ||||||
17 | (aaa) Information prohibited from being disclosed | ||||||
18 | under Section 1-167 of the Illinois Pension Code. | ||||||
19 | (bbb) Information that is prohibited from disclosure | ||||||
20 | by the Illinois Police Training Act and the Illinois State | ||||||
21 | Police Act. | ||||||
22 | (ccc) Records exempt from disclosure under Section | ||||||
23 | 2605-304 of the Illinois State Police Law of the Civil | ||||||
24 | Administrative Code of Illinois. | ||||||
25 | (ddd) Information prohibited from being disclosed | ||||||
26 | under Section 35 of the Address Confidentiality for |
| |||||||
| |||||||
1 | Victims of Domestic Violence, Sexual Assault, Human | ||||||
2 | Trafficking, or Stalking Act. | ||||||
3 | (eee) Information prohibited from being disclosed | ||||||
4 | under subsection (b) of Section 75 of the Domestic | ||||||
5 | Violence Fatality Review Act. | ||||||
6 | (fff) Images from cameras under the Expressway Camera | ||||||
7 | Act. This subsection (fff) is inoperative on and after | ||||||
8 | July 1, 2025. | ||||||
9 | (ggg) Information prohibited from disclosure under | ||||||
10 | paragraph (3) of subsection (a) of Section 14 of the Nurse | ||||||
11 | Agency Licensing Act. | ||||||
12 | (hhh) Information submitted to the Illinois State | ||||||
13 | Police in an affidavit or application for an assault | ||||||
14 | weapon endorsement, assault weapon attachment endorsement, | ||||||
15 | .50 caliber rifle endorsement, or .50 caliber cartridge | ||||||
16 | endorsement under the Firearm Owners Identification Card | ||||||
17 | Act. | ||||||
18 | (iii) Data exempt from disclosure under Section 50 of | ||||||
19 | the School Safety Drill Act. | ||||||
20 | (jjj) (hhh) Information exempt from disclosure under | ||||||
21 | Section 30 of the Insurance Data Security Law. | ||||||
22 | (kkk) (iii) Confidential business information | ||||||
23 | prohibited from disclosure under Section 45 of the Paint | ||||||
24 | Stewardship Act. | ||||||
25 | (lll) (iii) Data exempt from disclosure under Section | ||||||
26 | 2-3.196 of the School Code. |
| |||||||
| |||||||
1 | (mmm) (iii) Information prohibited from being | ||||||
2 | disclosed under subsection (e) of Section 1-129 of the | ||||||
3 | Illinois Power Agency Act. | ||||||
4 | (Source: P.A. 102-36, eff. 6-25-21; 102-237, eff. 1-1-22; | ||||||
5 | 102-292, eff. 1-1-22; 102-520, eff. 8-20-21; 102-559, eff. | ||||||
6 | 8-20-21; 102-813, eff. 5-13-22; 102-946, eff. 7-1-22; | ||||||
7 | 102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23; 103-8, eff. | ||||||
8 | 6-7-23; 103-34, eff. 6-9-23; 103-142, eff. 1-1-24; 103-372, | ||||||
9 | eff. 1-1-24; 103-472, eff. 8-1-24; 103-508, eff. 8-4-23; | ||||||
10 | 103-580, eff. 12-8-23; revised 1-2-24.)
| ||||||
11 | Section 20. The Consular Identification Document Act is | ||||||
12 | amended by changing Section 10 as follows:
| ||||||
13 | (5 ILCS 230/10) | ||||||
14 | (Text of Section before amendment by P.A. 103-210 ) | ||||||
15 | Sec. 10. Acceptance of consular identification document. | ||||||
16 | (a) When requiring members of the public to provide | ||||||
17 | identification, each State agency and officer and unit of | ||||||
18 | local government shall accept a consular identification | ||||||
19 | document as valid identification of a person. | ||||||
20 | (b) A consular identification document shall be accepted | ||||||
21 | for purposes of identification only and does not convey an | ||||||
22 | independent right to receive benefits of any type. | ||||||
23 | (c) A consular identification document may not be accepted | ||||||
24 | as identification for obtaining a driver's license, other than |
| |||||||
| |||||||
1 | a temporary visitor's driver's license, or registering to | ||||||
2 | vote. | ||||||
3 | (d) A consular identification document does not establish | ||||||
4 | or indicate lawful U.S. immigration status and may not be | ||||||
5 | viewed as valid for that purpose, nor does a consular | ||||||
6 | identification document establish a foreign national's right | ||||||
7 | to be in the United States or remain in the United States. | ||||||
8 | (e) The requirements of subsection (a) do not apply if: | ||||||
9 | (1) a federal law, regulation, or directive or a | ||||||
10 | federal court decision requires a State agency or officer | ||||||
11 | or a unit of local government to obtain different | ||||||
12 | identification; | ||||||
13 | (2) a federal law, regulation, or directive preempts | ||||||
14 | state regulation of identification requirements; or | ||||||
15 | (3) a State agency or officer or a unit of local | ||||||
16 | government would be unable to comply with a condition | ||||||
17 | imposed by a funding source which would cause the State | ||||||
18 | agency or officer or unit of local government to lose | ||||||
19 | funds from that source. | ||||||
20 | (f) Nothing in subsection (a) shall be construed to | ||||||
21 | prohibit a State agency or officer or a unit of local | ||||||
22 | government from: | ||||||
23 | (1) requiring additional information from persons in | ||||||
24 | order to verify a current address or other facts that | ||||||
25 | would enable the State agency or officer or unit of local | ||||||
26 | government to fulfill its responsibilities, except that |
| |||||||
| |||||||
1 | this paragraph (1) does not permit a State agency or | ||||||
2 | officer or a unit of local government to require | ||||||
3 | additional information solely in order to establish | ||||||
4 | identification of the person when the consular | ||||||
5 | identification document is the form of identification | ||||||
6 | presented; | ||||||
7 | (2) requiring fingerprints for identification purposes | ||||||
8 | under circumstances where the State agency or officer or | ||||||
9 | unit of local government also requires fingerprints from | ||||||
10 | persons who have a driver's license or Illinois | ||||||
11 | Identification Card; or | ||||||
12 | (3) requiring additional evidence of identification if | ||||||
13 | the State agency or officer or unit of local government | ||||||
14 | reasonably believes that: (A) the consular identification | ||||||
15 | document is forged, fraudulent, or altered; or (B) the | ||||||
16 | holder does not appear to be the same person on the | ||||||
17 | consular identification document. | ||||||
18 | (Source: P.A. 97-1157, eff. 11-28-13.)
| ||||||
19 | (Text of Section after amendment by P.A. 103-210 ) | ||||||
20 | Sec. 10. Acceptance of consular identification document. | ||||||
21 | (a) When requiring members of the public to provide | ||||||
22 | identification, each State agency and officer and unit of | ||||||
23 | local government shall accept a consular identification | ||||||
24 | document as valid identification of a person. | ||||||
25 | (b) A consular identification document shall be accepted |
| |||||||
| |||||||
1 | for purposes of identification only and does not convey an | ||||||
2 | independent right to receive benefits of any type. | ||||||
3 | (c) A consular identification document may not be accepted | ||||||
4 | as identification for obtaining a REAL ID compliant driver's | ||||||
5 | license, as defined by Section 6-100 of the Illinois Vehicle | ||||||
6 | Code, or registering to vote. | ||||||
7 | (d) A consular identification document does not establish | ||||||
8 | or indicate lawful U.S. immigration status and may not be | ||||||
9 | viewed as valid for that purpose, nor does a consular | ||||||
10 | identification document establish a foreign national's right | ||||||
11 | to be in the United States or remain in the United States. | ||||||
12 | (e) The requirements of subsection (a) do not apply if: | ||||||
13 | (1) a federal law, regulation, or directive or a | ||||||
14 | federal court decision requires a State agency or officer | ||||||
15 | or a unit of local government to obtain different | ||||||
16 | identification; | ||||||
17 | (2) a federal law, regulation, or directive preempts | ||||||
18 | state regulation of identification requirements; or | ||||||
19 | (3) a State agency or officer or a unit of local | ||||||
20 | government would be unable to comply with a condition | ||||||
21 | imposed by a funding source which would cause the State | ||||||
22 | agency or officer or unit of local government to lose | ||||||
23 | funds from that source. | ||||||
24 | (f) Nothing in subsection (a) shall be construed to | ||||||
25 | prohibit a State agency or officer or a unit of local | ||||||
26 | government from: |
| |||||||
| |||||||
1 | (1) requiring additional information from persons in | ||||||
2 | order to verify a current address or other facts that | ||||||
3 | would enable the State agency or officer or unit of local | ||||||
4 | government to fulfill its responsibilities, except that | ||||||
5 | this paragraph (1) does not permit a State agency or | ||||||
6 | officer or a unit of local government to require | ||||||
7 | additional information solely in order to establish | ||||||
8 | identification of the person when the consular | ||||||
9 | identification document is the form of identification | ||||||
10 | presented; | ||||||
11 | (2) requiring fingerprints for identification purposes | ||||||
12 | under circumstances where the State agency or officer or | ||||||
13 | unit of local government also requires fingerprints from | ||||||
14 | persons who have a driver's license or Illinois | ||||||
15 | Identification Card; or | ||||||
16 | (3) requiring additional evidence of identification if | ||||||
17 | the State agency or officer or unit of local government | ||||||
18 | reasonably believes that: (A) the consular identification | ||||||
19 | document is forged, fraudulent, or altered; or (B) the | ||||||
20 | holder does not appear to be the same person on the | ||||||
21 | consular identification document. | ||||||
22 | (Source: P.A. 103-210, eff. 7-1-24; revised 9-25-23.)
| ||||||
23 | Section 25. The State Employees Group Insurance Act of | ||||||
24 | 1971 is amended by changing Section 6.11 as follows:
|
| |||||||
| |||||||
1 | (5 ILCS 375/6.11) | ||||||
2 | Sec. 6.11. Required health benefits; Illinois Insurance | ||||||
3 | Code requirements. The program of health benefits shall | ||||||
4 | provide the post-mastectomy care benefits required to be | ||||||
5 | covered by a policy of accident and health insurance under | ||||||
6 | Section 356t of the Illinois Insurance Code. The program of | ||||||
7 | health benefits shall provide the coverage required under | ||||||
8 | Sections 356g, 356g.5, 356g.5-1, 356m, 356q, 356u, 356w, 356x, | ||||||
9 | 356z.2, 356z.4, 356z.4a, 356z.6, 356z.8, 356z.9, 356z.10, | ||||||
10 | 356z.11, 356z.12, 356z.13, 356z.14, 356z.15, 356z.17, 356z.22, | ||||||
11 | 356z.25, 356z.26, 356z.29, 356z.30a, 356z.32, 356z.33, | ||||||
12 | 356z.36, 356z.40, 356z.41, 356z.45, 356z.46, 356z.47, 356z.51, | ||||||
13 | 356z.53, 356z.54, 356z.55, 356z.56, 356z.57, 356z.59, 356z.60, | ||||||
14 | and 356z.61, and 356z.62 , 356z.64, 356z.67, 356z.68, and | ||||||
15 | 356z.70 of the Illinois Insurance Code. The program of health | ||||||
16 | benefits must comply with Sections 155.22a, 155.37, 355b, | ||||||
17 | 356z.19, 370c, and 370c.1 and Article XXXIIB of the Illinois | ||||||
18 | Insurance Code. The program of health benefits shall provide | ||||||
19 | the coverage required under Section 356m of the Illinois | ||||||
20 | Insurance Code and, for the employees of the State Employee | ||||||
21 | Group Insurance Program only, the coverage as also provided in | ||||||
22 | Section 6.11B of this Act. The Department of Insurance shall | ||||||
23 | enforce the requirements of this Section with respect to | ||||||
24 | Sections 370c and 370c.1 of the Illinois Insurance Code; all | ||||||
25 | other requirements of this Section shall be enforced by the | ||||||
26 | Department of Central Management Services. |
| |||||||
| |||||||
1 | Rulemaking authority to implement Public Act 95-1045, if | ||||||
2 | any, is conditioned on the rules being adopted in accordance | ||||||
3 | with all provisions of the Illinois Administrative Procedure | ||||||
4 | Act and all rules and procedures of the Joint Committee on | ||||||
5 | Administrative Rules; any purported rule not so adopted, for | ||||||
6 | whatever reason, is unauthorized. | ||||||
7 | (Source: P.A. 102-30, eff. 1-1-22; 102-103, eff. 1-1-22; | ||||||
8 | 102-203, eff. 1-1-22; 102-306, eff. 1-1-22; 102-642, eff. | ||||||
9 | 1-1-22; 102-665, eff. 10-8-21; 102-731, eff. 1-1-23; 102-768, | ||||||
10 | eff. 1-1-24; 102-804, eff. 1-1-23; 102-813, eff. 5-13-22; | ||||||
11 | 102-816, eff. 1-1-23; 102-860, eff. 1-1-23; 102-1093, eff. | ||||||
12 | 1-1-23; 102-1117, eff. 1-13-23; 103-8, eff. 1-1-24; 103-84, | ||||||
13 | eff. 1-1-24; 103-91, eff. 1-1-24; 103-420, eff. 1-1-24; | ||||||
14 | 103-445, eff. 1-1-24; 103-535, eff. 8-11-23; 103-551, eff. | ||||||
15 | 8-11-23; revised 8-29-23.)
| ||||||
16 | Section 30. The Seizure and Forfeiture Reporting Act is | ||||||
17 | amended by changing Section 5 as follows:
| ||||||
18 | (5 ILCS 810/5) | ||||||
19 | Sec. 5. Applicability. This Act is applicable to property | ||||||
20 | seized or forfeited under the following provisions of law: | ||||||
21 | (1) Section 3.23 of the Illinois Food, Drug and | ||||||
22 | Cosmetic Act; | ||||||
23 | (2) Section 44.1 of the Environmental Protection Act; | ||||||
24 | (3) Section 105-55 of the Herptiles-Herps Act; |
| |||||||
| |||||||
1 | (4) Section 1-215 of the Fish and Aquatic Life Code; | ||||||
2 | (5) Section 1.25 of the Wildlife Code; | ||||||
3 | (6) Section 17-10.6 of the Criminal Code of 2012 | ||||||
4 | (financial institution fraud); | ||||||
5 | (7) Section 28-5 of the Criminal Code of 2012 | ||||||
6 | (gambling); | ||||||
7 | (8) Article 29B of the Criminal Code of 2012 (money | ||||||
8 | laundering); | ||||||
9 | (9) Article 33G of the Criminal Code of 2012 (Illinois | ||||||
10 | Street Gang and Racketeer Influenced And Corrupt | ||||||
11 | Organizations Law); | ||||||
12 | (10) Article 36 of the Criminal Code of 2012 (seizure | ||||||
13 | and forfeiture of vessels, vehicles, and aircraft); | ||||||
14 | (11) Section 47-15 of the Criminal Code of 2012 | ||||||
15 | (dumping garbage upon real property); | ||||||
16 | (12) Article 124B of the Code of Criminal Procedure of | ||||||
17 | 1963 (forfeiture); | ||||||
18 | (13) the Drug Asset Forfeiture Procedure Act; | ||||||
19 | (14) the Narcotics Profit Forfeiture Act; | ||||||
20 | (15) the Illinois Streetgang Terrorism Omnibus | ||||||
21 | Prevention Act; | ||||||
22 | (16) the Illinois Securities Law of 1953; and | ||||||
23 | (17) the Archaeological and Paleontological Resources | ||||||
24 | Protection Act; and | ||||||
25 | (18) the Human Remains Protection Act ; and . | ||||||
26 | (19) (17) Section 16 of the Timber Buyers Licensing |
| |||||||
| |||||||
1 | Act. | ||||||
2 | (Source: P.A. 102-558, eff. 8-20-21; 103-218, eff. 1-1-24; | ||||||
3 | 103-446, eff. 8-4-23; revised 12-12-23.)
| ||||||
4 | Section 32. The First Responders Suicide Prevention Act is | ||||||
5 | amended by changing Section 40 as follows:
| ||||||
6 | (5 ILCS 840/40) | ||||||
7 | Sec. 40. Task Force recommendations. | ||||||
8 | (a) Task Force members shall recommend that agencies and | ||||||
9 | organizations guarantee access to mental health and wellness | ||||||
10 | services, including, but not limited to, peer support programs | ||||||
11 | and providing ongoing education related to the ever-evolving | ||||||
12 | concept of mental health wellness. These recommendations could | ||||||
13 | be accomplished by: | ||||||
14 | (1) Revising agencies' and organizations' employee | ||||||
15 | assistance programs (EAPs). | ||||||
16 | (2) Urging health care providers to replace outdated | ||||||
17 | healthcare plans and include more progressive options | ||||||
18 | catering to the needs and disproportionate risks | ||||||
19 | shouldered by our first responders. | ||||||
20 | (3) Allocating funding or resources for public service | ||||||
21 | announcements (PSA) and messaging campaigns aimed at | ||||||
22 | raising awareness of available assistance options. | ||||||
23 | (4) Encouraging agencies and organizations to attach | ||||||
24 | lists of all available resources to training manuals and |
| |||||||
| |||||||
1 | continuing education requirements. | ||||||
2 | (b) Task Force members shall recommend agencies and | ||||||
3 | organizations sponsor or facilitate first responders with | ||||||
4 | specialized training in the areas of psychological fitness, | ||||||
5 | depressive disorders, early detection, and mitigation best | ||||||
6 | practices. Such trainings could be accomplished by: | ||||||
7 | (1) Assigning, appointing, or designating one member | ||||||
8 | of an agency or organization to attend specialized | ||||||
9 | training(s) sponsored by an accredited agency, | ||||||
10 | association, or organization recognized in their fields of | ||||||
11 | study. | ||||||
12 | (2) Seeking sponsorships or conducting fund-raisers, | ||||||
13 | to host annual or semiannual on-site visits from qualified | ||||||
14 | clinicians or physicians to provide early detection | ||||||
15 | training techniques, or to provide regular access to | ||||||
16 | mental health professionals. | ||||||
17 | (3) Requiring a minimum number of hours of disorders | ||||||
18 | and wellness training be incorporated into reoccurring, | ||||||
19 | annual or biannual training standards, examinations, and | ||||||
20 | curriculums, taking into close consideration respective | ||||||
21 | agency or organization size, frequency, and number of all | ||||||
22 | current federal and state mandatory examinations and | ||||||
23 | trainings expected respectively. | ||||||
24 | (4) Not underestimating the crucial importance of a | ||||||
25 | balanced diet, sleep, mindfulness-based stress reduction | ||||||
26 | techniques, moderate and vigorous intensity activities, |
| |||||||
| |||||||
1 | and recreational hobbies, which have been scientifically | ||||||
2 | proven to play a major role in brain health and mental | ||||||
3 | wellness. | ||||||
4 | (c) Task Force members shall recommend that administrators | ||||||
5 | and leadership personnel solicit training services from | ||||||
6 | evidence-based, data driven organizations. Organizations with | ||||||
7 | personnel trained on the analytical review and interpretation | ||||||
8 | of specific fields related to the nature of first responders' | ||||||
9 | exploits, such as PTSD, substance abuse, chronic state of | ||||||
10 | duress. Task Force members shall further recommend funding for | ||||||
11 | expansion and messaging campaigns of preliminary | ||||||
12 | self-diagnosing technologies like the one described above. | ||||||
13 | These objectives could be met by: | ||||||
14 | (1) Contacting an accredited agency, association, or | ||||||
15 | organization recognized in the field or fields of specific | ||||||
16 | study. Unbeknownst to the majority, many of the agencies | ||||||
17 | and organizations listed above receive grants and | ||||||
18 | allocations to assist communities with the very issues | ||||||
19 | being discussed in this Section. | ||||||
20 | (2) Normalizing help-seeking behaviors for both first | ||||||
21 | responders and their families through regular messaging | ||||||
22 | and peer support outreach, beginning with academy | ||||||
23 | curricula and continuing education throughout individuals' | ||||||
24 | careers. | ||||||
25 | (3) Funding and implementing PSA campaigns that | ||||||
26 | provide clear and concise calls to action about mental |
| |||||||
| |||||||
1 | health and wellness, resiliency, help-seeking, treatment, | ||||||
2 | and recovery. | ||||||
3 | (4) Promoting and raising awareness of not-for-profit | ||||||
4 | organizations currently available to assist individuals in | ||||||
5 | search of care and treatment. Organizations have intuitive | ||||||
6 | user-friendly sites, most of which have mobile | ||||||
7 | applications, so first responders can access at a moment's | ||||||
8 | notice. However, because of limited funds, these | ||||||
9 | organizations have a challenging time of getting the word | ||||||
10 | out there about their existence. | ||||||
11 | (5) Expanding Family and Medical Leave Act protections | ||||||
12 | for individuals voluntarily seeking preventative | ||||||
13 | treatment. | ||||||
14 | (6) Promoting and ensuring complete patient | ||||||
15 | confidentiality protections. | ||||||
16 | (d) Task Force members shall recommend that agencies and | ||||||
17 | organizations incorporate the following training components | ||||||
18 | into already existing modules and educational curriculums. | ||||||
19 | Doing so could be done by: | ||||||
20 | (1) Bolstering academy and school curricula by | ||||||
21 | requiring depressive disorder training catered to PTSD, | ||||||
22 | substance abuse, and early detection techniques training, | ||||||
23 | taking into close consideration respective agency or | ||||||
24 | organization size, and the frequency and number of all | ||||||
25 | current federal and state mandatory examinations and | ||||||
26 | trainings expected respectively. |
| |||||||
| |||||||
1 | (2) Continuing to allocate or match federal and state | ||||||
2 | funds to maintain Mobile Training Units (MTUs). | ||||||
3 | (3) Incorporating a state certificate for peer support | ||||||
4 | training into already existing exiting statewide | ||||||
5 | curriculums and mandatory examinations, annual State Fire | ||||||
6 | Marshal examinations, and physical fitness examinations. | ||||||
7 | The subject matter of the certificate should have an | ||||||
8 | emphasis on mental health and wellness, as well as | ||||||
9 | familiarization with topics ranging from clinical social | ||||||
10 | work, clinical psychology, clinical behaviorist, and | ||||||
11 | clinical psychiatry. | ||||||
12 | (4) Incorporating and performing statewide mental | ||||||
13 | health check-ins during the same times as already mandated | ||||||
14 | trainings. These checks are not to be compared or used as | ||||||
15 | measures of fitness for duty evaluations or structured | ||||||
16 | psychological examinations. | ||||||
17 | (5) Recommending comprehensive and evidence-based | ||||||
18 | training on the importance of preventative measures on the | ||||||
19 | topics of sleep, nutrition, mindfulness, and physical | ||||||
20 | movement. | ||||||
21 | (6) Law enforcement agencies should provide training | ||||||
22 | on the Firearm Owner's Identification Card Act, including | ||||||
23 | seeking relief from the Illinois State Police under | ||||||
24 | Section 10 of the Firearm Owners Identification Card Act | ||||||
25 | and a FOID card being a continued condition of employment | ||||||
26 | under Section 7.2 of the Uniform Peace Officers' |
| |||||||
| |||||||
1 | Disciplinary Act. | ||||||
2 | (Source: P.A. 102-352, eff. 6-1-22; 103-154, eff. 6-30-23; | ||||||
3 | revised 1-20-24.)
| ||||||
4 | Section 35. The Election Code is amended by changing | ||||||
5 | Sections 1A-8, 1A-16.1, and 24B-9.1 as follows:
| ||||||
6 | (10 ILCS 5/1A-8) (from Ch. 46, par. 1A-8) | ||||||
7 | Sec. 1A-8. The State Board of Elections shall exercise the | ||||||
8 | following powers and perform the following duties in addition | ||||||
9 | to any powers or duties otherwise provided for by law: | ||||||
10 | (1) Assume all duties and responsibilities of the | ||||||
11 | State Electoral Board and the Secretary of State as | ||||||
12 | heretofore provided in this Code; | ||||||
13 | (2) Disseminate information to and consult with | ||||||
14 | election authorities concerning the conduct of elections | ||||||
15 | and registration in accordance with the laws of this State | ||||||
16 | and the laws of the United States; | ||||||
17 | (3) Furnish to each election authority prior to each | ||||||
18 | primary and general election and any other election it | ||||||
19 | deems necessary, a manual of uniform instructions | ||||||
20 | consistent with the provisions of this Code which shall be | ||||||
21 | used by election authorities in the preparation of the | ||||||
22 | official manual of instruction to be used by the judges of | ||||||
23 | election in any such election. In preparing such manual, | ||||||
24 | the State Board shall consult with representatives of the |
| |||||||
| |||||||
1 | election authorities throughout the State. The State Board | ||||||
2 | may provide separate portions of the uniform instructions | ||||||
3 | applicable to different election jurisdictions which | ||||||
4 | administer elections under different options provided by | ||||||
5 | law. The State Board may by regulation require particular | ||||||
6 | portions of the uniform instructions to be included in any | ||||||
7 | official manual of instructions published by election | ||||||
8 | authorities. Any manual of instructions published by any | ||||||
9 | election authority shall be identical with the manual of | ||||||
10 | uniform instructions issued by the Board, but may be | ||||||
11 | adapted by the election authority to accommodate special | ||||||
12 | or unusual local election problems, provided that all | ||||||
13 | manuals published by election authorities must be | ||||||
14 | consistent with the provisions of this Code in all | ||||||
15 | respects and must receive the approval of the State Board | ||||||
16 | of Elections prior to publication; provided further that | ||||||
17 | if the State Board does not approve or disapprove of a | ||||||
18 | proposed manual within 60 days of its submission, the | ||||||
19 | manual shall be deemed approved ; . | ||||||
20 | (4) Prescribe and require the use of such uniform | ||||||
21 | forms, notices, and other supplies not inconsistent with | ||||||
22 | the provisions of this Code as it shall deem advisable | ||||||
23 | which shall be used by election authorities in the conduct | ||||||
24 | of elections and registrations; | ||||||
25 | (5) Prepare and certify the form of ballot for any | ||||||
26 | proposed amendment to the Constitution of the State of |
| |||||||
| |||||||
1 | Illinois, or any referendum to be submitted to the | ||||||
2 | electors throughout the State or, when required to do so | ||||||
3 | by law, to the voters of any area or unit of local | ||||||
4 | government of the State; | ||||||
5 | (6) Require such statistical reports regarding the | ||||||
6 | conduct of elections and registration from election | ||||||
7 | authorities as may be deemed necessary; | ||||||
8 | (7) Review and inspect procedures and records relating | ||||||
9 | to conduct of elections and registration as may be deemed | ||||||
10 | necessary, and to report violations of election laws to | ||||||
11 | the appropriate State's Attorney or the Attorney General; | ||||||
12 | (8) Recommend to the General Assembly legislation to | ||||||
13 | improve the administration of elections and registration; | ||||||
14 | (9) Adopt, amend or rescind rules and regulations in | ||||||
15 | the performance of its duties provided that all such rules | ||||||
16 | and regulations must be consistent with the provisions of | ||||||
17 | this Article 1A or issued pursuant to authority otherwise | ||||||
18 | provided by law; | ||||||
19 | (10) Determine the validity and sufficiency of | ||||||
20 | petitions filed under Article XIV, Section 3, of the | ||||||
21 | Constitution of the State of Illinois of 1970; | ||||||
22 | (11) Maintain in its principal office a research | ||||||
23 | library that includes, but is not limited to, abstracts of | ||||||
24 | votes by precinct for general primary elections and | ||||||
25 | general elections, current precinct maps , and current | ||||||
26 | precinct poll lists from all election jurisdictions within |
| |||||||
| |||||||
1 | the State. The research library shall be open to the | ||||||
2 | public during regular business hours. Such abstracts, | ||||||
3 | maps , and lists shall be preserved as permanent records | ||||||
4 | and shall be available for examination and copying at a | ||||||
5 | reasonable cost; | ||||||
6 | (12) Supervise the administration of the registration | ||||||
7 | and election laws throughout the State; | ||||||
8 | (13) Obtain from the Department of Central Management | ||||||
9 | Services, under Section 405-250 of the Department of | ||||||
10 | Central Management Services Law (20 ILCS 405/405-250) , | ||||||
11 | such use of electronic data processing equipment as may be | ||||||
12 | required to perform the duties of the State Board of | ||||||
13 | Elections and to provide election-related information to | ||||||
14 | candidates, public and party officials, interested civic | ||||||
15 | organizations , and the general public in a timely and | ||||||
16 | efficient manner; | ||||||
17 | (14) To take such action as may be necessary or | ||||||
18 | required to give effect to directions of the national | ||||||
19 | committee or State central committee of an established | ||||||
20 | political party under Sections 7-8, 7-11, and 7-14.1 or | ||||||
21 | such other provisions as may be applicable pertaining to | ||||||
22 | the selection of delegates and alternate delegates to an | ||||||
23 | established political party's national nominating | ||||||
24 | conventions or, notwithstanding any candidate | ||||||
25 | certification schedule contained within this Code, the | ||||||
26 | certification of the Presidential and Vice Presidential |
| |||||||
| |||||||
1 | candidate selected by the established political party's | ||||||
2 | national nominating convention; | ||||||
3 | (15) To post all early voting sites separated by | ||||||
4 | election authority and hours of operation on its website | ||||||
5 | at least 5 business days before the period for early | ||||||
6 | voting begins; | ||||||
7 | (16) To post on its website the statewide totals, and | ||||||
8 | totals separated by each election authority, for each of | ||||||
9 | the counts received pursuant to Section 1-9.2; and | ||||||
10 | (17) To post on its website, in a downloadable format, | ||||||
11 | the information received from each election authority | ||||||
12 | under Section 1-17. | ||||||
13 | The Board may by regulation delegate any of its duties or | ||||||
14 | functions under this Article, except that final determinations | ||||||
15 | and orders under this Article shall be issued only by the | ||||||
16 | Board. | ||||||
17 | The requirement for reporting to the General Assembly | ||||||
18 | shall be satisfied by filing copies of the report as required | ||||||
19 | by Section 3.1 of the General Assembly Organization Act, and | ||||||
20 | filing such additional copies with the State Government Report | ||||||
21 | Distribution Center for the General Assembly as is required | ||||||
22 | under paragraph (t) of Section 7 of the State Library Act. | ||||||
23 | (Source: P.A. 100-623, eff. 7-20-18; 100-863, eff. 8-14-18; | ||||||
24 | 100-1148, eff. 12-10-18; revised 4-4-23.)
| ||||||
25 | (10 ILCS 5/1A-16.1) |
| |||||||
| |||||||
1 | (Text of Section before amendment by P.A. 103-210 ) | ||||||
2 | Sec. 1A-16.1. Automatic voter registration; Secretary of | ||||||
3 | State. | ||||||
4 | (a) The Office of the Secretary of State and the State | ||||||
5 | Board of Elections, pursuant to an interagency contract and | ||||||
6 | jointly adopted jointly-adopted rules, shall establish an | ||||||
7 | automatic voter registration program that satisfies the | ||||||
8 | requirements of this Section and other applicable law. | ||||||
9 | (b) If an application, an application for renewal, a | ||||||
10 | change of address form, or a recertification form for a | ||||||
11 | driver's license, other than a temporary visitor's driver's | ||||||
12 | license, or a State identification card issued by the Office | ||||||
13 | of the Secretary of State meets the requirements of the | ||||||
14 | federal REAL ID Act of 2005, then that application shall serve | ||||||
15 | as a dual-purpose application. The dual-purpose application | ||||||
16 | shall: | ||||||
17 | (1) also serve as an application to register to vote | ||||||
18 | in Illinois; | ||||||
19 | (2) allow an applicant to change his or her registered | ||||||
20 | residence address or name as it appears on the voter | ||||||
21 | registration rolls; | ||||||
22 | (3) provide the applicant with an opportunity to | ||||||
23 | affirmatively decline to register to vote or to change his | ||||||
24 | or her registered residence address or name by providing a | ||||||
25 | check box on the application form without requiring the | ||||||
26 | applicant to state the reason; and |
| |||||||
| |||||||
1 | (4) unless the applicant declines to register to vote | ||||||
2 | or change his or her registered residence address or name, | ||||||
3 | require the applicant to attest, by signature under | ||||||
4 | penalty of perjury as described in subsection (e) of this | ||||||
5 | Section, to meeting the qualifications to register to vote | ||||||
6 | in Illinois at his or her residence address as indicated | ||||||
7 | on his or her driver's license or identification card | ||||||
8 | dual-purpose application. | ||||||
9 | (b-5) If an application, an application for renewal, a | ||||||
10 | change of address form, or a recertification form for a | ||||||
11 | driver's license, other than a temporary visitor's driver's | ||||||
12 | license, or a State identification card issued by the Office | ||||||
13 | of the Secretary of State does not meet the requirements of the | ||||||
14 | federal REAL ID Act of 2005, then that application shall serve | ||||||
15 | as a dual-purpose application. The dual-purpose application | ||||||
16 | shall: | ||||||
17 | (1) also serve as an application to register to vote | ||||||
18 | in Illinois; | ||||||
19 | (2) allow an applicant to change his or her registered | ||||||
20 | residence address or name as it appears on the voter | ||||||
21 | registration rolls; and | ||||||
22 | (3) if the applicant chooses to register to vote or to | ||||||
23 | change his or her registered residence address or name, | ||||||
24 | then require the applicant to attest, by a separate | ||||||
25 | signature under penalty of perjury, to meeting the | ||||||
26 | qualifications to register to vote in Illinois at his or |
| |||||||
| |||||||
1 | her residence address as indicated on his or her | ||||||
2 | dual-purpose application. | ||||||
3 | (b-10) The Office of the Secretary of State shall clearly | ||||||
4 | and conspicuously inform each applicant in writing: (i) of the | ||||||
5 | qualifications to register to vote in Illinois, (ii) of the | ||||||
6 | penalties provided by law for submission of a false voter | ||||||
7 | registration application, (iii) that, unless the applicant | ||||||
8 | declines to register to vote or update his or her voter | ||||||
9 | registration, his or her dual-purpose application shall also | ||||||
10 | serve as both an application to register to vote and his or her | ||||||
11 | attestation that he or she meets the eligibility requirements | ||||||
12 | for voter registration, and that his or her application to | ||||||
13 | register to vote or update his or her registration will be | ||||||
14 | transmitted to the State Board of Elections for the purpose of | ||||||
15 | registering the person to vote at the residence address to be | ||||||
16 | indicated on his or her driver's license or identification | ||||||
17 | card, and (iv) that declining to register to vote is | ||||||
18 | confidential and will not affect any services the person may | ||||||
19 | be seeking from the Office of the Secretary of State. | ||||||
20 | (c) The Office of the Secretary of State shall review | ||||||
21 | information provided to the Office of the Secretary of State | ||||||
22 | by the State Board of Elections to inform each applicant for a | ||||||
23 | driver's license or permit, other than a temporary visitor's | ||||||
24 | driver's license, or a State identification card issued by the | ||||||
25 | Office of the Secretary of State whether the applicant is | ||||||
26 | currently registered to vote in Illinois and, if registered, |
| |||||||
| |||||||
1 | at what address. | ||||||
2 | (d) The Office of the Secretary of State shall not require | ||||||
3 | an applicant for a driver's license or State identification | ||||||
4 | card to provide duplicate identification or information in | ||||||
5 | order to complete an application to register to vote or change | ||||||
6 | his or her registered residence address or name. Before | ||||||
7 | transmitting any personal information about an applicant to | ||||||
8 | the State Board of Elections, the Office of the Secretary of | ||||||
9 | State shall review its records of the identification documents | ||||||
10 | the applicant provided in order to complete the application | ||||||
11 | for a driver's license or State identification card , to | ||||||
12 | confirm that nothing in those documents indicates that the | ||||||
13 | applicant does not satisfy the qualifications to register to | ||||||
14 | vote in Illinois at his or her residence address. | ||||||
15 | (e) A completed, signed application for (i) a driver's | ||||||
16 | license or permit, other than a temporary visitor's driver's | ||||||
17 | license, or a State identification card issued by the Office | ||||||
18 | of the Secretary of State, that meets the requirements of the | ||||||
19 | federal REAL ID Act of 2005; or (ii) a completed application | ||||||
20 | under subsection (b-5) of this Section with a separate | ||||||
21 | signature attesting the applicant meets the qualifications to | ||||||
22 | register to vote in Illinois at his or her residence address as | ||||||
23 | indicated on his or her application shall constitute a signed | ||||||
24 | application to register to vote in Illinois at the residence | ||||||
25 | address indicated in the application unless the person | ||||||
26 | affirmatively declined in the application to register to vote |
| |||||||
| |||||||
1 | or to change his or her registered residence address or name. | ||||||
2 | If the identification documents provided to complete the | ||||||
3 | dual-purpose application indicate that he or she does not | ||||||
4 | satisfy the qualifications to register to vote in Illinois at | ||||||
5 | his or her residence address, the application shall be marked | ||||||
6 | as incomplete. | ||||||
7 | (f) For each completed and signed application that | ||||||
8 | constitutes an application to register to vote in Illinois or | ||||||
9 | provides for a change in the applicant's registered residence | ||||||
10 | address or name, the Office of the Secretary of State shall | ||||||
11 | electronically transmit to the State Board of Elections | ||||||
12 | personal information needed to complete the person's | ||||||
13 | registration to vote in Illinois at his or her residence | ||||||
14 | address. The application to register to vote shall be | ||||||
15 | processed in accordance with Section 1A-16.7. | ||||||
16 | (g) If the federal REAL ID Act of 2005 is repealed, | ||||||
17 | abrogated, superseded, or otherwise no longer in effect, then | ||||||
18 | the State Board of Elections shall establish criteria for | ||||||
19 | determining reliable personal information indicating | ||||||
20 | citizenship status and shall adopt rules as necessary for the | ||||||
21 | Secretary of State to continue processing dual-purpose | ||||||
22 | applications under this Section. | ||||||
23 | (h) As used in this Section, "dual-purpose application" | ||||||
24 | means an application, an application for renewal, a change of | ||||||
25 | address form, or a recertification form for driver's license | ||||||
26 | or permit, other than a temporary visitor's driver's license, |
| |||||||
| |||||||
1 | or a State identification card offered by the Secretary of | ||||||
2 | State that also serves as an application to register to vote in | ||||||
3 | Illinois. "Dual-purpose application" does not mean an | ||||||
4 | application under subsection (c) of Section 6-109 of the | ||||||
5 | Illinois Vehicle Code. | ||||||
6 | (Source: P.A. 100-464, eff. 8-28-17; revised 9-20-2023.)
| ||||||
7 | (Text of Section after amendment by P.A. 103-210 ) | ||||||
8 | Sec. 1A-16.1. Automatic voter registration; Secretary of | ||||||
9 | State. | ||||||
10 | (a) The Office of the Secretary of State and the State | ||||||
11 | Board of Elections, pursuant to an interagency contract and | ||||||
12 | jointly adopted jointly-adopted rules, shall establish an | ||||||
13 | automatic voter registration program that satisfies the | ||||||
14 | requirements of this Section and other applicable law. | ||||||
15 | (b) If an application, an application for renewal, a | ||||||
16 | change of address form, or a recertification form for a | ||||||
17 | driver's license or a State identification card issued by the | ||||||
18 | Office of the Secretary of State meets the requirements of the | ||||||
19 | federal REAL ID Act of 2005, then that application shall serve | ||||||
20 | as a dual-purpose application. The dual-purpose application | ||||||
21 | shall: | ||||||
22 | (1) also serve as an application to register to vote | ||||||
23 | in Illinois; | ||||||
24 | (2) allow an applicant to change his or her registered | ||||||
25 | residence address or name as it appears on the voter |
| |||||||
| |||||||
1 | registration rolls; | ||||||
2 | (3) provide the applicant with an opportunity to | ||||||
3 | affirmatively decline to register to vote or to change his | ||||||
4 | or her registered residence address or name by providing a | ||||||
5 | check box on the application form without requiring the | ||||||
6 | applicant to state the reason; and | ||||||
7 | (4) unless the applicant declines to register to vote | ||||||
8 | or change his or her registered residence address or name, | ||||||
9 | require the applicant to attest, by signature under | ||||||
10 | penalty of perjury as described in subsection (e) of this | ||||||
11 | Section, to meeting the qualifications to register to vote | ||||||
12 | in Illinois at his or her residence address as indicated | ||||||
13 | on his or her driver's license or identification card | ||||||
14 | dual-purpose application. | ||||||
15 | (b-5) If an application, an application for renewal, a | ||||||
16 | change of address form, or a recertification form for a | ||||||
17 | driver's license or a State identification card issued by the | ||||||
18 | Office of the Secretary of State, other than an application or | ||||||
19 | form that pertains to a standard driver's license or | ||||||
20 | identification card and does not list a social security number | ||||||
21 | for the applicant, does not meet the requirements of the | ||||||
22 | federal REAL ID Act of 2005, then that application shall serve | ||||||
23 | as a dual-purpose application. The dual-purpose application | ||||||
24 | shall: | ||||||
25 | (1) also serve as an application to register to vote | ||||||
26 | in Illinois; |
| |||||||
| |||||||
1 | (2) allow an applicant to change his or her registered | ||||||
2 | residence address or name as it appears on the voter | ||||||
3 | registration rolls; and | ||||||
4 | (3) if the applicant chooses to register to vote or to | ||||||
5 | change his or her registered residence address or name, | ||||||
6 | then require the applicant to attest, by a separate | ||||||
7 | signature under penalty of perjury, to meeting the | ||||||
8 | qualifications to register to vote in Illinois at his or | ||||||
9 | her residence address as indicated on his or her | ||||||
10 | dual-purpose application. | ||||||
11 | (b-10) The Office of the Secretary of State shall clearly | ||||||
12 | and conspicuously inform each applicant in writing: (i) of the | ||||||
13 | qualifications to register to vote in Illinois, (ii) of the | ||||||
14 | penalties provided by law for submission of a false voter | ||||||
15 | registration application, (iii) that, unless the applicant | ||||||
16 | declines to register to vote or update his or her voter | ||||||
17 | registration, his or her dual-purpose application shall also | ||||||
18 | serve as both an application to register to vote and his or her | ||||||
19 | attestation that he or she meets the eligibility requirements | ||||||
20 | for voter registration, and that his or her application to | ||||||
21 | register to vote or update his or her registration will be | ||||||
22 | transmitted to the State Board of Elections for the purpose of | ||||||
23 | registering the person to vote at the residence address to be | ||||||
24 | indicated on his or her driver's license or identification | ||||||
25 | card, and (iv) that declining to register to vote is | ||||||
26 | confidential and will not affect any services the person may |
| |||||||
| |||||||
1 | be seeking from the Office of the Secretary of State. | ||||||
2 | (c) The Office of the Secretary of State shall review | ||||||
3 | information provided to the Office of the Secretary of State | ||||||
4 | by the State Board of Elections to inform each applicant for a | ||||||
5 | driver's license or permit or a State identification card | ||||||
6 | issued by the Office of the Secretary of State, other than an | ||||||
7 | application or form that pertains to a standard driver's | ||||||
8 | license or identification card and does not list a social | ||||||
9 | security number for the applicant, whether the applicant is | ||||||
10 | currently registered to vote in Illinois and, if registered, | ||||||
11 | at what address. | ||||||
12 | (d) The Office of the Secretary of State shall not require | ||||||
13 | an applicant for a driver's license or State identification | ||||||
14 | card to provide duplicate identification or information in | ||||||
15 | order to complete an application to register to vote or change | ||||||
16 | his or her registered residence address or name. Before | ||||||
17 | transmitting any personal information about an applicant to | ||||||
18 | the State Board of Elections, the Office of the Secretary of | ||||||
19 | State shall review its records of the identification documents | ||||||
20 | the applicant provided in order to complete the application | ||||||
21 | for a driver's license or State identification card , to | ||||||
22 | confirm that nothing in those documents indicates that the | ||||||
23 | applicant does not satisfy the qualifications to register to | ||||||
24 | vote in Illinois at his or her residence address. | ||||||
25 | (e) A completed, signed application for (i) a driver's | ||||||
26 | license or permit or a State identification card issued by the |
| |||||||
| |||||||
1 | Office of the Secretary of State, that meets the requirements | ||||||
2 | of the federal REAL ID Act of 2005; or (ii) a completed | ||||||
3 | application under subsection (b-5) of this Section with a | ||||||
4 | separate signature attesting the applicant meets the | ||||||
5 | qualifications to register to vote in Illinois at his or her | ||||||
6 | residence address as indicated on his or her application shall | ||||||
7 | constitute a signed application to register to vote in | ||||||
8 | Illinois at the residence address indicated in the application | ||||||
9 | unless the person affirmatively declined in the application to | ||||||
10 | register to vote or to change his or her registered residence | ||||||
11 | address or name. If the identification documents provided to | ||||||
12 | complete the dual-purpose application indicate that he or she | ||||||
13 | does not satisfy the qualifications to register to vote in | ||||||
14 | Illinois at his or her residence address, the application | ||||||
15 | shall be marked as incomplete. | ||||||
16 | (f) For each completed and signed application that | ||||||
17 | constitutes an application to register to vote in Illinois or | ||||||
18 | provides for a change in the applicant's registered residence | ||||||
19 | address or name, the Office of the Secretary of State shall | ||||||
20 | electronically transmit to the State Board of Elections | ||||||
21 | personal information needed to complete the person's | ||||||
22 | registration to vote in Illinois at his or her residence | ||||||
23 | address. The application to register to vote shall be | ||||||
24 | processed in accordance with Section 1A-16.7. | ||||||
25 | (g) If the federal REAL ID Act of 2005 is repealed, | ||||||
26 | abrogated, superseded, or otherwise no longer in effect, then |
| |||||||
| |||||||
1 | the State Board of Elections shall establish criteria for | ||||||
2 | determining reliable personal information indicating | ||||||
3 | citizenship status and shall adopt rules as necessary for the | ||||||
4 | Secretary of State to continue processing dual-purpose | ||||||
5 | applications under this Section. | ||||||
6 | (h) As used in this Section, "dual-purpose application" | ||||||
7 | means an application, an application for renewal, a change of | ||||||
8 | address form, or a recertification form for driver's license | ||||||
9 | or permit or a State identification card offered by the | ||||||
10 | Secretary of State, other than an application or form that | ||||||
11 | pertains to a standard driver's license or identification card | ||||||
12 | and does not list a social security number for the applicant, | ||||||
13 | that also serves as an application to register to vote in | ||||||
14 | Illinois. "Dual-purpose application" does not mean an | ||||||
15 | application under subsection (c) of Section 6-109 of the | ||||||
16 | Illinois Vehicle Code. | ||||||
17 | (Source: P.A. 103-210, eff. 7-1-24; revised 9-20-23.)
| ||||||
18 | (10 ILCS 5/24B-9.1) | ||||||
19 | Sec. 24B-9.1. Examination of votes Votes by electronic | ||||||
20 | Electronic Precinct Tabulation Optical Scan Technology | ||||||
21 | Scanning Process or other authorized electronic process; | ||||||
22 | definition of a vote. | ||||||
23 | (a) Examination of Votes by Electronic Precinct Tabulation | ||||||
24 | Optical Scan Technology Scanning Process. Whenever a Precinct | ||||||
25 | Tabulation Optical Scan Technology process is used to |
| |||||||
| |||||||
1 | automatically examine and count the votes on ballot sheets, | ||||||
2 | the provisions of this Section shall apply. A voter shall cast | ||||||
3 | a proper vote on a ballot sheet by making a mark, or causing a | ||||||
4 | mark to be made, in the designated area for the casting of a | ||||||
5 | vote for any party or candidate or for or against any | ||||||
6 | proposition. For this purpose, a mark is an intentional | ||||||
7 | darkening of the designated area on the ballot, and not an | ||||||
8 | identifying mark. | ||||||
9 | (b) For any ballot sheet that does not register a vote for | ||||||
10 | one or more ballot positions on the ballot sheet on an | ||||||
11 | electronic a Electronic Precinct Tabulation Optical Scan | ||||||
12 | Technology Scanning Process, the following shall constitute a | ||||||
13 | vote on the ballot sheet: | ||||||
14 | (1) the designated area for casting a vote for a | ||||||
15 | particular ballot position on the ballot sheet is fully | ||||||
16 | darkened or shaded in; | ||||||
17 | (2) the designated area for casting a vote for a | ||||||
18 | particular ballot position on the ballot sheet is | ||||||
19 | partially darkened or shaded in; | ||||||
20 | (3) the designated area for casting a vote for a | ||||||
21 | particular ballot position on the ballot sheet contains a | ||||||
22 | dot or ".", a check, or a plus or "+"; | ||||||
23 | (4) the designated area for casting a vote for a | ||||||
24 | particular ballot position on the ballot sheet contains | ||||||
25 | some other type of mark that indicates the clearly | ||||||
26 | ascertainable intent of the voter to vote based on the |
| |||||||
| |||||||
1 | totality of the circumstances, including , but not limited | ||||||
2 | to , any pattern or frequency of marks on other ballot | ||||||
3 | positions from the same ballot sheet; or | ||||||
4 | (5) the designated area for casting a vote for a | ||||||
5 | particular ballot position on the ballot sheet is not | ||||||
6 | marked, but the ballot sheet contains other markings | ||||||
7 | associated with a particular ballot position, such as | ||||||
8 | circling a candidate's name, that indicates the clearly | ||||||
9 | ascertainable intent of the voter to vote, based on the | ||||||
10 | totality of the circumstances, including , but not limited | ||||||
11 | to, any pattern or frequency of markings on other ballot | ||||||
12 | positions from the same ballot sheet. | ||||||
13 | (c) For other electronic voting systems that use a | ||||||
14 | computer as the marking device to mark a ballot sheet, the bar | ||||||
15 | code found on the ballot sheet shall constitute the votes | ||||||
16 | found on the ballot. If, however, the county clerk or board of | ||||||
17 | election commissioners determines that the votes represented | ||||||
18 | by the tally on the bar code for one or more ballot positions | ||||||
19 | is inconsistent with the votes represented by numerical ballot | ||||||
20 | positions identified on the ballot sheet produced using a | ||||||
21 | computer as the marking device, then the numerical ballot | ||||||
22 | positions identified on the ballot sheet shall constitute the | ||||||
23 | votes for purposes of any official canvass or recount | ||||||
24 | proceeding. An electronic voting system that uses a computer | ||||||
25 | as the marking device to mark a ballot sheet shall be capable | ||||||
26 | of producing a ballot sheet that contains all numerical ballot |
| |||||||
| |||||||
1 | positions selected by the voter , and provides a place for the | ||||||
2 | voter to cast a write-in vote for a candidate for a particular | ||||||
3 | numerical ballot position. | ||||||
4 | (d) The election authority shall provide an envelope, | ||||||
5 | sleeve , or other device to each voter so the voter can deliver | ||||||
6 | the voted ballot sheet to the counting equipment and ballot | ||||||
7 | box without the votes indicated on the ballot sheet being | ||||||
8 | visible to other persons in the polling place. | ||||||
9 | (Source: P.A. 95-331, eff. 8-21-07; revised 9-25-23.)
| ||||||
10 | Section 40. The Illinois Identification Card Act is | ||||||
11 | amended by changing Sections 1A and 4 as follows:
| ||||||
12 | (15 ILCS 335/1A) | ||||||
13 | (Text of Section before amendment by P.A. 103-210 ) | ||||||
14 | Sec. 1A. Definitions. As used in this Act: | ||||||
15 | "Highly restricted personal information" means an | ||||||
16 | individual's photograph, signature, social security number, | ||||||
17 | and medical or disability information. | ||||||
18 | "Identification card making implement" means any material, | ||||||
19 | hardware, or software that is specifically designed for or | ||||||
20 | primarily used in the manufacture, assembly, issuance, or | ||||||
21 | authentication of an official identification card issued by | ||||||
22 | the Secretary of State. | ||||||
23 | "Fraudulent identification card" means any identification | ||||||
24 | card that purports to be an official identification card for |
| |||||||
| |||||||
1 | which a computerized number and file have not been created by | ||||||
2 | the Secretary of State, the United States Government or any | ||||||
3 | state or political subdivision thereof, or any governmental or | ||||||
4 | quasi-governmental organization. For the purpose of this Act, | ||||||
5 | any identification card that resembles an official | ||||||
6 | identification card in either size, color, photograph | ||||||
7 | location, or design or uses the word "official", "state", | ||||||
8 | "Illinois", or the name of any other state or political | ||||||
9 | subdivision thereof, or any governmental or quasi-governmental | ||||||
10 | organization individually or in any combination thereof to | ||||||
11 | describe or modify the term "identification card" or "I.D. | ||||||
12 | card" anywhere on the card, or uses a shape in the likeness of | ||||||
13 | Illinois or any other state on the photograph side of the card, | ||||||
14 | is deemed to be a fraudulent identification card unless the | ||||||
15 | words "This is not an official Identification Card", appear | ||||||
16 | prominently upon it in black colored lettering in 12-point | ||||||
17 | type on the photograph side of the card, and no such card shall | ||||||
18 | be smaller in size than 3 inches by 4 inches, and the | ||||||
19 | photograph shall be on the left side of the card only. | ||||||
20 | "Legal name" means the full given name and surname of an | ||||||
21 | individual as recorded at birth, recorded at marriage, or | ||||||
22 | deemed as the correct legal name for use in reporting income by | ||||||
23 | the Social Security Administration or the name as otherwise | ||||||
24 | established through legal action that appears on the | ||||||
25 | associated official document presented to the Secretary of | ||||||
26 | State. |
| |||||||
| |||||||
1 | "Personally identifying information" means information | ||||||
2 | that identifies an individual, including his or her | ||||||
3 | identification card number, name, address (but not the 5-digit | ||||||
4 | zip code), date of birth, height, weight, hair color, eye | ||||||
5 | color, email address, and telephone number. | ||||||
6 | "Homeless person" or "homeless individual" has the same | ||||||
7 | meaning as defined by the federal McKinney-Vento Homeless | ||||||
8 | Assistance Act, 42 U.S.C. 11302, or 42 U.S.C. 11434a(2). | ||||||
9 | "Youth for whom the Department of Children and Family | ||||||
10 | Services is legally responsible" or "foster child" means a | ||||||
11 | child or youth whose guardianship or custody has been accepted | ||||||
12 | by the Department of Children and Family Services pursuant to | ||||||
13 | the Juvenile Court Act of 1987, the Children and Family | ||||||
14 | Services Act, the Abused and Neglected Child Reporting Act, | ||||||
15 | and the Adoption Act. This applies to children for whom the | ||||||
16 | Department of Children and Family Services has temporary | ||||||
17 | protective custody, custody or guardianship via court order, | ||||||
18 | or children whose parents have signed an adoptive surrender or | ||||||
19 | voluntary placement agreement with the Department. | ||||||
20 | "REAL ID compliant identification card" means a standard | ||||||
21 | Illinois Identification Card or Illinois Person with a | ||||||
22 | Disability Identification Card issued in compliance with the | ||||||
23 | REAL ID Act and implementing regulations. REAL ID compliant | ||||||
24 | identification cards shall bear a security marking approved by | ||||||
25 | the United States Department of Homeland Security. | ||||||
26 | "Non-compliant identification card" means a standard |
| |||||||
| |||||||
1 | Illinois Identification Card or Illinois Person with a | ||||||
2 | Disability Identification Card issued in a manner which is not | ||||||
3 | compliant with the REAL ID Act and implementing regulations. | ||||||
4 | Non-compliant identification cards shall be marked "Not for | ||||||
5 | Federal Identification" and shall have a color or design | ||||||
6 | different from the REAL ID compliant identification card. | ||||||
7 | "Limited Term REAL ID compliant identification card" means | ||||||
8 | a REAL ID compliant identification card issued to a person who | ||||||
9 | is persons who are not a permanent resident residents or | ||||||
10 | citizen citizens of the United States , and marked "Limited | ||||||
11 | Term" on the face of the card. | ||||||
12 | (Source: P.A. 100-201, eff. 8-18-17; 100-248, eff. 8-22-17; | ||||||
13 | 101-326, eff. 8-9-19; revised 9-20-23.)
| ||||||
14 | (Text of Section after amendment by P.A. 103-210 ) | ||||||
15 | Sec. 1A. Definitions. As used in this Act: | ||||||
16 | "Highly restricted personal information" means an | ||||||
17 | individual's photograph, signature, social security number, | ||||||
18 | and medical or disability information. | ||||||
19 | "Identification card making implement" means any material, | ||||||
20 | hardware, or software that is specifically designed for or | ||||||
21 | primarily used in the manufacture, assembly, issuance, or | ||||||
22 | authentication of an official identification card issued by | ||||||
23 | the Secretary of State. | ||||||
24 | "Fraudulent identification card" means any identification | ||||||
25 | card that purports to be an official identification card for |
| |||||||
| |||||||
1 | which a computerized number and file have not been created by | ||||||
2 | the Secretary of State, the United States Government or any | ||||||
3 | state or political subdivision thereof, or any governmental or | ||||||
4 | quasi-governmental organization. For the purpose of this Act, | ||||||
5 | any identification card that resembles an official | ||||||
6 | identification card in either size, color, photograph | ||||||
7 | location, or design or uses the word "official", "state", | ||||||
8 | "Illinois", or the name of any other state or political | ||||||
9 | subdivision thereof, or any governmental or quasi-governmental | ||||||
10 | organization individually or in any combination thereof to | ||||||
11 | describe or modify the term "identification card" or "I.D. | ||||||
12 | card" anywhere on the card, or uses a shape in the likeness of | ||||||
13 | Illinois or any other state on the photograph side of the card, | ||||||
14 | is deemed to be a fraudulent identification card unless the | ||||||
15 | words "This is not an official Identification Card", appear | ||||||
16 | prominently upon it in black colored lettering in 12-point | ||||||
17 | type on the photograph side of the card, and no such card shall | ||||||
18 | be smaller in size than 3 inches by 4 inches, and the | ||||||
19 | photograph shall be on the left side of the card only. | ||||||
20 | "Legal name" means the full given name and surname of an | ||||||
21 | individual as recorded at birth, recorded at marriage, or | ||||||
22 | deemed as the correct legal name for use in reporting income by | ||||||
23 | the Social Security Administration or the name as otherwise | ||||||
24 | established through legal action that appears on the | ||||||
25 | associated official document presented to the Secretary of | ||||||
26 | State. |
| |||||||
| |||||||
1 | "Personally identifying information" means information | ||||||
2 | that identifies an individual, including his or her | ||||||
3 | identification card number, name, address (but not the 5-digit | ||||||
4 | zip code), date of birth, height, weight, hair color, eye | ||||||
5 | color, email address, and telephone number. | ||||||
6 | "Homeless person" or "homeless individual" has the same | ||||||
7 | meaning as defined by the federal McKinney-Vento Homeless | ||||||
8 | Assistance Act, 42 U.S.C. 11302, or 42 U.S.C. 11434a(2). | ||||||
9 | "Youth for whom the Department of Children and Family | ||||||
10 | Services is legally responsible" or "foster child" means a | ||||||
11 | child or youth whose guardianship or custody has been accepted | ||||||
12 | by the Department of Children and Family Services pursuant to | ||||||
13 | the Juvenile Court Act of 1987, the Children and Family | ||||||
14 | Services Act, the Abused and Neglected Child Reporting Act, | ||||||
15 | and the Adoption Act. This applies to children for whom the | ||||||
16 | Department of Children and Family Services has temporary | ||||||
17 | protective custody, custody or guardianship via court order, | ||||||
18 | or children whose parents have signed an adoptive surrender or | ||||||
19 | voluntary placement agreement with the Department. | ||||||
20 | "REAL ID compliant identification card" means a standard | ||||||
21 | Illinois Identification Card or Illinois Person with a | ||||||
22 | Disability Identification Card issued in compliance with the | ||||||
23 | REAL ID Act and implementing regulations. REAL ID compliant | ||||||
24 | identification cards shall bear a security marking approved by | ||||||
25 | the United States Department of Homeland Security. | ||||||
26 | "Standard identification card" means a standard Illinois |
| |||||||
| |||||||
1 | Identification Card or Illinois Person with a Disability | ||||||
2 | Identification Card issued in a manner which is not compliant | ||||||
3 | with the REAL ID Act and implementing regulations. Standard | ||||||
4 | identification cards shall be marked "Federal Limits Apply" | ||||||
5 | and shall have a color or design different from the REAL ID | ||||||
6 | compliant identification card. | ||||||
7 | "Limited Term REAL ID compliant identification card" means | ||||||
8 | a REAL ID compliant identification card that is issued to a | ||||||
9 | person who is persons who are not a permanent resident | ||||||
10 | residents or citizen citizens of the United States , or an | ||||||
11 | individual who has an approved application for asylum in the | ||||||
12 | United States or has entered the United States in refugee | ||||||
13 | status , and is marked "Limited Term" on the face of the card. | ||||||
14 | (Source: P.A. 103-210, eff. 7-1-24; revised 9-20-23.)
| ||||||
15 | (15 ILCS 335/4) | ||||||
16 | (Text of Section before amendment by P.A. 103-210 ) | ||||||
17 | Sec. 4. Identification card. | ||||||
18 | (a) The Secretary of State shall issue a standard Illinois | ||||||
19 | Identification Card to any natural person who is a resident of | ||||||
20 | the State of Illinois who applies for such card, or renewal | ||||||
21 | thereof. No identification card shall be issued to any person | ||||||
22 | who holds a valid foreign state identification card, license, | ||||||
23 | or permit unless the person first surrenders to the Secretary | ||||||
24 | of State the valid foreign state identification card, license, | ||||||
25 | or permit. The card shall be prepared and supplied by the |
| |||||||
| |||||||
1 | Secretary of State and shall include a photograph and | ||||||
2 | signature or mark of the applicant. However, the Secretary of | ||||||
3 | State may provide by rule for the issuance of Illinois | ||||||
4 | Identification Cards without photographs if the applicant has | ||||||
5 | a bona fide religious objection to being photographed or to | ||||||
6 | the display of his or her photograph. The Illinois | ||||||
7 | Identification Card may be used for identification purposes in | ||||||
8 | any lawful situation only by the person to whom it was issued. | ||||||
9 | As used in this Act, "photograph" means any color photograph | ||||||
10 | or digitally produced and captured image of an applicant for | ||||||
11 | an identification card. As used in this Act, "signature" means | ||||||
12 | the name of a person as written by that person and captured in | ||||||
13 | a manner acceptable to the Secretary of State. | ||||||
14 | (a-5) If an applicant for an identification card has a | ||||||
15 | current driver's license or instruction permit issued by the | ||||||
16 | Secretary of State, the Secretary may require the applicant to | ||||||
17 | utilize the same residence address and name on the | ||||||
18 | identification card, driver's license, and instruction permit | ||||||
19 | records maintained by the Secretary. The Secretary may | ||||||
20 | promulgate rules to implement this provision. | ||||||
21 | (a-10) If the applicant is a judicial officer as defined | ||||||
22 | in Section 1-10 of the Judicial Privacy Act or a peace officer, | ||||||
23 | the applicant may elect to have his or her office or work | ||||||
24 | address listed on the card instead of the applicant's | ||||||
25 | residence or mailing address. The Secretary may promulgate | ||||||
26 | rules to implement this provision. For the purposes of this |
| |||||||
| |||||||
1 | subsection (a-10), "peace officer" means any person who by | ||||||
2 | virtue of his or her office or public employment is vested by | ||||||
3 | law with a duty to maintain public order or to make arrests for | ||||||
4 | a violation of any penal statute of this State, whether that | ||||||
5 | duty extends to all violations or is limited to specific | ||||||
6 | violations. | ||||||
7 | (a-15) The Secretary of State may provide for an expedited | ||||||
8 | process for the issuance of an Illinois Identification Card. | ||||||
9 | The Secretary shall charge an additional fee for the expedited | ||||||
10 | issuance of an Illinois Identification Card, to be set by | ||||||
11 | rule, not to exceed $75. All fees collected by the Secretary | ||||||
12 | for expedited Illinois Identification Card service shall be | ||||||
13 | deposited into the Secretary of State Special Services Fund. | ||||||
14 | The Secretary may adopt rules regarding the eligibility, | ||||||
15 | process, and fee for an expedited Illinois Identification | ||||||
16 | Card. If the Secretary of State determines that the volume of | ||||||
17 | expedited identification card requests received on a given day | ||||||
18 | exceeds the ability of the Secretary to process those requests | ||||||
19 | in an expedited manner, the Secretary may decline to provide | ||||||
20 | expedited services, and the additional fee for the expedited | ||||||
21 | service shall be refunded to the applicant. | ||||||
22 | (a-20) The Secretary of State shall issue a standard | ||||||
23 | Illinois Identification Card to a person committed to the | ||||||
24 | Department of Corrections or Department of Juvenile Justice | ||||||
25 | upon receipt of the person's birth certificate, social | ||||||
26 | security card, photograph, proof of residency upon discharge, |
| |||||||
| |||||||
1 | and an identification card application transferred via a | ||||||
2 | secure method as agreed upon by the Secretary and the | ||||||
3 | Department of Corrections or Department of Juvenile Justice. | ||||||
4 | Illinois residency shall be established by submission of a | ||||||
5 | Secretary of State prescribed Identification Card verification | ||||||
6 | form completed by the respective Department. | ||||||
7 | (a-25) The Secretary of State shall issue a limited-term | ||||||
8 | Illinois Identification Card valid for 90 days to a committed | ||||||
9 | person upon release on parole, mandatory supervised release, | ||||||
10 | aftercare release, final discharge, or pardon from the | ||||||
11 | Department of Corrections or Department of Juvenile Justice, | ||||||
12 | if the released person is unable to present a certified copy of | ||||||
13 | his or her birth certificate and social security card or other | ||||||
14 | documents authorized by the Secretary, but does present a | ||||||
15 | Secretary of State prescribed Identification Card verification | ||||||
16 | form completed by the Department of Corrections or Department | ||||||
17 | of Juvenile Justice, verifying the released person's date of | ||||||
18 | birth, social security number, and his or her Illinois | ||||||
19 | residence address. The verification form must have been | ||||||
20 | completed no more than 30 days prior to the date of application | ||||||
21 | for the Illinois Identification Card. | ||||||
22 | Prior to the expiration of the 90-day period of the | ||||||
23 | limited-term Illinois Identification Card, if the released | ||||||
24 | person submits to the Secretary of State a certified copy of | ||||||
25 | his or her birth certificate and his or her social security | ||||||
26 | card or other documents authorized by the Secretary, a |
| |||||||
| |||||||
1 | standard Illinois Identification Card shall be issued. A | ||||||
2 | limited-term Illinois Identification Card may not be renewed. | ||||||
3 | (a-30) The Secretary of State shall issue a standard | ||||||
4 | Illinois Identification Card to a person upon conditional | ||||||
5 | release or absolute discharge from the custody of the | ||||||
6 | Department of Human Services, if the person presents a | ||||||
7 | certified copy of his or her birth certificate, social | ||||||
8 | security card, or other documents authorized by the Secretary, | ||||||
9 | and a document proving his or her Illinois residence address. | ||||||
10 | The Secretary of State shall issue a standard Illinois | ||||||
11 | Identification Card to a person prior to his or her | ||||||
12 | conditional release or absolute discharge if personnel from | ||||||
13 | the Department of Human Services bring the person to a | ||||||
14 | Secretary of State location with the required documents. | ||||||
15 | Documents proving residence address may include any official | ||||||
16 | document of the Department of Human Services showing the | ||||||
17 | person's address after release and a Secretary of State | ||||||
18 | prescribed verification form, which may be executed by | ||||||
19 | personnel of the Department of Human Services. | ||||||
20 | (a-35) The Secretary of State shall issue a limited-term | ||||||
21 | Illinois Identification Card valid for 90 days to a person | ||||||
22 | upon conditional release or absolute discharge from the | ||||||
23 | custody of the Department of Human Services, if the person is | ||||||
24 | unable to present a certified copy of his or her birth | ||||||
25 | certificate and social security card or other documents | ||||||
26 | authorized by the Secretary, but does present a Secretary of |
| |||||||
| |||||||
1 | State prescribed verification form completed by the Department | ||||||
2 | of Human Services, verifying the person's date of birth and | ||||||
3 | social security number, and a document proving his or her | ||||||
4 | Illinois residence address. The verification form must have | ||||||
5 | been completed no more than 30 days prior to the date of | ||||||
6 | application for the Illinois Identification Card. The | ||||||
7 | Secretary of State shall issue a limited-term Illinois | ||||||
8 | Identification Card to a person no sooner than 14 days prior to | ||||||
9 | his or her conditional release or absolute discharge if | ||||||
10 | personnel from the Department of Human Services bring the | ||||||
11 | person to a Secretary of State location with the required | ||||||
12 | documents. Documents proving residence address shall include | ||||||
13 | any official document of the Department of Human Services | ||||||
14 | showing the person's address after release and a Secretary of | ||||||
15 | State prescribed verification form, which may be executed by | ||||||
16 | personnel of the Department of Human Services. | ||||||
17 | (b) The Secretary of State shall issue a special Illinois | ||||||
18 | Identification Card, which shall be known as an Illinois | ||||||
19 | Person with a Disability Identification Card, to any natural | ||||||
20 | person who is a resident of the State of Illinois, who is a | ||||||
21 | person with a disability as defined in Section 4A of this Act, | ||||||
22 | who applies for such card, or renewal thereof. No Illinois | ||||||
23 | Person with a Disability Identification Card shall be issued | ||||||
24 | to any person who holds a valid foreign state identification | ||||||
25 | card, license, or permit unless the person first surrenders to | ||||||
26 | the Secretary of State the valid foreign state identification |
| |||||||
| |||||||
1 | card, license, or permit. The Secretary of State shall charge | ||||||
2 | no fee to issue such card. The card shall be prepared and | ||||||
3 | supplied by the Secretary of State, and shall include a | ||||||
4 | photograph and signature or mark of the applicant, a | ||||||
5 | designation indicating that the card is an Illinois Person | ||||||
6 | with a Disability Identification Card, and shall include a | ||||||
7 | comprehensible designation of the type and classification of | ||||||
8 | the applicant's disability as set out in Section 4A of this | ||||||
9 | Act. However, the Secretary of State may provide by rule for | ||||||
10 | the issuance of Illinois Person with a Disability | ||||||
11 | Identification Cards without photographs if the applicant has | ||||||
12 | a bona fide religious objection to being photographed or to | ||||||
13 | the display of his or her photograph. If the applicant so | ||||||
14 | requests, the card shall include a description of the | ||||||
15 | applicant's disability and any information about the | ||||||
16 | applicant's disability or medical history which the Secretary | ||||||
17 | determines would be helpful to the applicant in securing | ||||||
18 | emergency medical care. If a mark is used in lieu of a | ||||||
19 | signature, such mark shall be affixed to the card in the | ||||||
20 | presence of two witnesses who attest to the authenticity of | ||||||
21 | the mark. The Illinois Person with a Disability Identification | ||||||
22 | Card may be used for identification purposes in any lawful | ||||||
23 | situation by the person to whom it was issued. | ||||||
24 | The Illinois Person with a Disability Identification Card | ||||||
25 | may be used as adequate documentation of disability in lieu of | ||||||
26 | a physician's determination of disability, a determination of |
| |||||||
| |||||||
1 | disability from a physician assistant, a determination of | ||||||
2 | disability from an advanced practice registered nurse, or any | ||||||
3 | other documentation of disability whenever any State law | ||||||
4 | requires that a person with a disability provide such | ||||||
5 | documentation of disability, however an Illinois Person with a | ||||||
6 | Disability Identification Card shall not qualify the | ||||||
7 | cardholder to participate in any program or to receive any | ||||||
8 | benefit which is not available to all persons with like | ||||||
9 | disabilities. Notwithstanding any other provisions of law, an | ||||||
10 | Illinois Person with a Disability Identification Card, or | ||||||
11 | evidence that the Secretary of State has issued an Illinois | ||||||
12 | Person with a Disability Identification Card, shall not be | ||||||
13 | used by any person other than the person named on such card to | ||||||
14 | prove that the person named on such card is a person with a | ||||||
15 | disability or for any other purpose unless the card is used for | ||||||
16 | the benefit of the person named on such card, and the person | ||||||
17 | named on such card consents to such use at the time the card is | ||||||
18 | so used. | ||||||
19 | An optometrist's determination of a visual disability | ||||||
20 | under Section 4A of this Act is acceptable as documentation | ||||||
21 | for the purpose of issuing an Illinois Person with a | ||||||
22 | Disability Identification Card. | ||||||
23 | When medical information is contained on an Illinois | ||||||
24 | Person with a Disability Identification Card, the Office of | ||||||
25 | the Secretary of State shall not be liable for any actions | ||||||
26 | taken based upon that medical information. |
| |||||||
| |||||||
1 | (c) The Secretary of State shall provide that each | ||||||
2 | original or renewal Illinois Identification Card or Illinois | ||||||
3 | Person with a Disability Identification Card issued to a | ||||||
4 | person under the age of 21 shall be of a distinct nature from | ||||||
5 | those Illinois Identification Cards or Illinois Person with a | ||||||
6 | Disability Identification Cards issued to individuals 21 years | ||||||
7 | of age or older. The color designated for Illinois | ||||||
8 | Identification Cards or Illinois Person with a Disability | ||||||
9 | Identification Cards for persons under the age of 21 shall be | ||||||
10 | at the discretion of the Secretary of State. | ||||||
11 | (c-1) Each original or renewal Illinois Identification | ||||||
12 | Card or Illinois Person with a Disability Identification Card | ||||||
13 | issued to a person under the age of 21 shall display the date | ||||||
14 | upon which the person becomes 18 years of age and the date upon | ||||||
15 | which the person becomes 21 years of age. | ||||||
16 | (c-3) The General Assembly recognizes the need to identify | ||||||
17 | military veterans living in this State for the purpose of | ||||||
18 | ensuring that they receive all of the services and benefits to | ||||||
19 | which they are legally entitled, including healthcare, | ||||||
20 | education assistance, and job placement. To assist the State | ||||||
21 | in identifying these veterans and delivering these vital | ||||||
22 | services and benefits, the Secretary of State is authorized to | ||||||
23 | issue Illinois Identification Cards and Illinois Person with a | ||||||
24 | Disability Identification Cards with the word "veteran" | ||||||
25 | appearing on the face of the cards. This authorization is | ||||||
26 | predicated on the unique status of veterans. The Secretary may |
| |||||||
| |||||||
1 | not issue any other identification card which identifies an | ||||||
2 | occupation, status, affiliation, hobby, or other unique | ||||||
3 | characteristics of the identification card holder which is | ||||||
4 | unrelated to the purpose of the identification card. | ||||||
5 | (c-5) Beginning on or before July 1, 2015, the Secretary | ||||||
6 | of State shall designate a space on each original or renewal | ||||||
7 | identification card where, at the request of the applicant, | ||||||
8 | the word "veteran" shall be placed. The veteran designation | ||||||
9 | shall be available to a person identified as a veteran under | ||||||
10 | subsection (b) of Section 5 of this Act who was discharged or | ||||||
11 | separated under honorable conditions. | ||||||
12 | (d) The Secretary of State may issue a Senior Citizen | ||||||
13 | discount card, to any natural person who is a resident of the | ||||||
14 | State of Illinois who is 60 years of age or older and who | ||||||
15 | applies for such a card or renewal thereof. The Secretary of | ||||||
16 | State shall charge no fee to issue such card. The card shall be | ||||||
17 | issued in every county and applications shall be made | ||||||
18 | available at, but not limited to, nutrition sites, senior | ||||||
19 | citizen centers and Area Agencies on Aging. The applicant, | ||||||
20 | upon receipt of such card and prior to its use for any purpose, | ||||||
21 | shall have affixed thereon in the space provided therefor his | ||||||
22 | signature or mark. | ||||||
23 | (e) The Secretary of State, in his or her discretion, may | ||||||
24 | designate on each Illinois Identification Card or Illinois | ||||||
25 | Person with a Disability Identification Card a space where the | ||||||
26 | card holder may place a sticker or decal, issued by the |
| |||||||
| |||||||
1 | Secretary of State, of uniform size as the Secretary may | ||||||
2 | specify, that shall indicate in appropriate language that the | ||||||
3 | card holder has renewed his or her Illinois Identification | ||||||
4 | Card or Illinois Person with a Disability Identification Card. | ||||||
5 | (Source: P.A. 102-299, eff. 8-6-21; 103-345, eff. 1-1-24.)
| ||||||
6 | (Text of Section after amendment by P.A. 103-210 ) | ||||||
7 | Sec. 4. Identification card. | ||||||
8 | (a) The Secretary of State shall issue a standard Illinois | ||||||
9 | Identification Card to any natural person who is a resident of | ||||||
10 | the State of Illinois who applies for such card, or renewal | ||||||
11 | thereof. No identification card shall be issued to any person | ||||||
12 | who holds a valid foreign state identification card, license, | ||||||
13 | or permit unless the person first surrenders to the Secretary | ||||||
14 | of State the valid foreign state identification card, license, | ||||||
15 | or permit. The card shall be prepared and supplied by the | ||||||
16 | Secretary of State and shall include a photograph and | ||||||
17 | signature or mark of the applicant. However, the Secretary of | ||||||
18 | State may provide by rule for the issuance of Illinois | ||||||
19 | Identification Cards without photographs if the applicant has | ||||||
20 | a bona fide religious objection to being photographed or to | ||||||
21 | the display of his or her photograph. The Illinois | ||||||
22 | Identification Card may be used for identification purposes in | ||||||
23 | any lawful situation only by the person to whom it was issued. | ||||||
24 | As used in this Act, "photograph" means any color photograph | ||||||
25 | or digitally produced and captured image of an applicant for |
| |||||||
| |||||||
1 | an identification card. As used in this Act, "signature" means | ||||||
2 | the name of a person as written by that person and captured in | ||||||
3 | a manner acceptable to the Secretary of State. | ||||||
4 | (a-5) If an applicant for an identification card has a | ||||||
5 | current driver's license or instruction permit issued by the | ||||||
6 | Secretary of State, the Secretary may require the applicant to | ||||||
7 | utilize the same residence address and name on the | ||||||
8 | identification card, driver's license, and instruction permit | ||||||
9 | records maintained by the Secretary. The Secretary may | ||||||
10 | promulgate rules to implement this provision. | ||||||
11 | (a-10) If the applicant is a judicial officer as defined | ||||||
12 | in Section 1-10 of the Judicial Privacy Act or a peace officer, | ||||||
13 | the applicant may elect to have his or her office or work | ||||||
14 | address listed on the card instead of the applicant's | ||||||
15 | residence or mailing address. The Secretary may promulgate | ||||||
16 | rules to implement this provision. For the purposes of this | ||||||
17 | subsection (a-10), "peace officer" means any person who by | ||||||
18 | virtue of his or her office or public employment is vested by | ||||||
19 | law with a duty to maintain public order or to make arrests for | ||||||
20 | a violation of any penal statute of this State, whether that | ||||||
21 | duty extends to all violations or is limited to specific | ||||||
22 | violations. | ||||||
23 | (a-15) The Secretary of State may provide for an expedited | ||||||
24 | process for the issuance of an Illinois Identification Card. | ||||||
25 | The Secretary shall charge an additional fee for the expedited | ||||||
26 | issuance of an Illinois Identification Card, to be set by |
| |||||||
| |||||||
1 | rule, not to exceed $75. All fees collected by the Secretary | ||||||
2 | for expedited Illinois Identification Card service shall be | ||||||
3 | deposited into the Secretary of State Special Services Fund. | ||||||
4 | The Secretary may adopt rules regarding the eligibility, | ||||||
5 | process, and fee for an expedited Illinois Identification | ||||||
6 | Card. If the Secretary of State determines that the volume of | ||||||
7 | expedited identification card requests received on a given day | ||||||
8 | exceeds the ability of the Secretary to process those requests | ||||||
9 | in an expedited manner, the Secretary may decline to provide | ||||||
10 | expedited services, and the additional fee for the expedited | ||||||
11 | service shall be refunded to the applicant. | ||||||
12 | (a-20) The Secretary of State shall issue a standard | ||||||
13 | Illinois Identification Card to a person committed to the | ||||||
14 | Department of Corrections or Department of Juvenile Justice | ||||||
15 | upon receipt of the person's birth certificate, social | ||||||
16 | security card, if the person has a social security number, | ||||||
17 | photograph, proof of residency upon discharge, and an | ||||||
18 | identification card application transferred via a secure | ||||||
19 | method as agreed upon by the Secretary and the Department of | ||||||
20 | Corrections or Department of Juvenile Justice , if the person | ||||||
21 | has a social security number, . Illinois residency shall be | ||||||
22 | established by submission of a Secretary of State prescribed | ||||||
23 | Identification Card verification form completed by the | ||||||
24 | respective Department. | ||||||
25 | (a-25) The Secretary of State shall issue a limited-term | ||||||
26 | Illinois Identification Card valid for 90 days to a committed |
| |||||||
| |||||||
1 | person upon release on parole, mandatory supervised release, | ||||||
2 | aftercare release, final discharge, or pardon from the | ||||||
3 | Department of Corrections or Department of Juvenile Justice, | ||||||
4 | if the released person is unable to present a certified copy of | ||||||
5 | his or her birth certificate and social security card, if the | ||||||
6 | person has a social security number, or other documents | ||||||
7 | authorized by the Secretary, but does present a Secretary of | ||||||
8 | State prescribed Identification Card verification form | ||||||
9 | completed by the Department of Corrections or Department of | ||||||
10 | Juvenile Justice, verifying the released person's date of | ||||||
11 | birth, social security number, if the person has a social | ||||||
12 | security number, and his or her Illinois residence address. | ||||||
13 | The verification form must have been completed no more than 30 | ||||||
14 | days prior to the date of application for the Illinois | ||||||
15 | Identification Card. | ||||||
16 | Prior to the expiration of the 90-day period of the | ||||||
17 | limited-term Illinois Identification Card, if the released | ||||||
18 | person submits to the Secretary of State a certified copy of | ||||||
19 | his or her birth certificate and his or her social security | ||||||
20 | card, if the person has a social security number, or other | ||||||
21 | documents authorized by the Secretary, a standard Illinois | ||||||
22 | Identification Card shall be issued. A limited-term Illinois | ||||||
23 | Identification Card may not be renewed. | ||||||
24 | (a-30) The Secretary of State shall issue a standard | ||||||
25 | Illinois Identification Card to a person upon conditional | ||||||
26 | release or absolute discharge from the custody of the |
| |||||||
| |||||||
1 | Department of Human Services, if the person presents a | ||||||
2 | certified copy of his or her birth certificate, social | ||||||
3 | security card, if the person has a social security number, or | ||||||
4 | other documents authorized by the Secretary, and a document | ||||||
5 | proving his or her Illinois residence address. The Secretary | ||||||
6 | of State shall issue a standard Illinois Identification Card | ||||||
7 | to a person prior to his or her conditional release or absolute | ||||||
8 | discharge if personnel from the Department of Human Services | ||||||
9 | bring the person to a Secretary of State location with the | ||||||
10 | required documents. Documents proving residence address may | ||||||
11 | include any official document of the Department of Human | ||||||
12 | Services showing the person's address after release and a | ||||||
13 | Secretary of State prescribed verification form, which may be | ||||||
14 | executed by personnel of the Department of Human Services. | ||||||
15 | (a-35) The Secretary of State shall issue a limited-term | ||||||
16 | Illinois Identification Card valid for 90 days to a person | ||||||
17 | upon conditional release or absolute discharge from the | ||||||
18 | custody of the Department of Human Services, if the person is | ||||||
19 | unable to present a certified copy of his or her birth | ||||||
20 | certificate and social security card, if the person has a | ||||||
21 | social security number, or other documents authorized by the | ||||||
22 | Secretary, but does present a Secretary of State prescribed | ||||||
23 | verification form completed by the Department of Human | ||||||
24 | Services, verifying the person's date of birth and social | ||||||
25 | security number, if the person has a social security number, | ||||||
26 | and a document proving his or her Illinois residence address. |
| |||||||
| |||||||
1 | The verification form must have been completed no more than 30 | ||||||
2 | days prior to the date of application for the Illinois | ||||||
3 | Identification Card. The Secretary of State shall issue a | ||||||
4 | limited-term Illinois Identification Card to a person no | ||||||
5 | sooner than 14 days prior to his or her conditional release or | ||||||
6 | absolute discharge if personnel from the Department of Human | ||||||
7 | Services bring the person to a Secretary of State location | ||||||
8 | with the required documents. Documents proving residence | ||||||
9 | address shall include any official document of the Department | ||||||
10 | of Human Services showing the person's address after release | ||||||
11 | and a Secretary of State prescribed verification form, which | ||||||
12 | may be executed by personnel of the Department of Human | ||||||
13 | Services. | ||||||
14 | (b) The Secretary of State shall issue a special Illinois | ||||||
15 | Identification Card, which shall be known as an Illinois | ||||||
16 | Person with a Disability Identification Card, to any natural | ||||||
17 | person who is a resident of the State of Illinois, who is a | ||||||
18 | person with a disability as defined in Section 4A of this Act, | ||||||
19 | who applies for such card, or renewal thereof. No Illinois | ||||||
20 | Person with a Disability Identification Card shall be issued | ||||||
21 | to any person who holds a valid foreign state identification | ||||||
22 | card, license, or permit unless the person first surrenders to | ||||||
23 | the Secretary of State the valid foreign state identification | ||||||
24 | card, license, or permit. The Secretary of State shall charge | ||||||
25 | no fee to issue such card. The card shall be prepared and | ||||||
26 | supplied by the Secretary of State, and shall include a |
| |||||||
| |||||||
1 | photograph and signature or mark of the applicant, a | ||||||
2 | designation indicating that the card is an Illinois Person | ||||||
3 | with a Disability Identification Card, and shall include a | ||||||
4 | comprehensible designation of the type and classification of | ||||||
5 | the applicant's disability as set out in Section 4A of this | ||||||
6 | Act. However, the Secretary of State may provide by rule for | ||||||
7 | the issuance of Illinois Person with a Disability | ||||||
8 | Identification Cards without photographs if the applicant has | ||||||
9 | a bona fide religious objection to being photographed or to | ||||||
10 | the display of his or her photograph. If the applicant so | ||||||
11 | requests, the card shall include a description of the | ||||||
12 | applicant's disability and any information about the | ||||||
13 | applicant's disability or medical history which the Secretary | ||||||
14 | determines would be helpful to the applicant in securing | ||||||
15 | emergency medical care. If a mark is used in lieu of a | ||||||
16 | signature, such mark shall be affixed to the card in the | ||||||
17 | presence of two witnesses who attest to the authenticity of | ||||||
18 | the mark. The Illinois Person with a Disability Identification | ||||||
19 | Card may be used for identification purposes in any lawful | ||||||
20 | situation by the person to whom it was issued. | ||||||
21 | The Illinois Person with a Disability Identification Card | ||||||
22 | may be used as adequate documentation of disability in lieu of | ||||||
23 | a physician's determination of disability, a determination of | ||||||
24 | disability from a physician assistant, a determination of | ||||||
25 | disability from an advanced practice registered nurse, or any | ||||||
26 | other documentation of disability whenever any State law |
| |||||||
| |||||||
1 | requires that a person with a disability provide such | ||||||
2 | documentation of disability, however an Illinois Person with a | ||||||
3 | Disability Identification Card shall not qualify the | ||||||
4 | cardholder to participate in any program or to receive any | ||||||
5 | benefit which is not available to all persons with like | ||||||
6 | disabilities. Notwithstanding any other provisions of law, an | ||||||
7 | Illinois Person with a Disability Identification Card, or | ||||||
8 | evidence that the Secretary of State has issued an Illinois | ||||||
9 | Person with a Disability Identification Card, shall not be | ||||||
10 | used by any person other than the person named on such card to | ||||||
11 | prove that the person named on such card is a person with a | ||||||
12 | disability or for any other purpose unless the card is used for | ||||||
13 | the benefit of the person named on such card, and the person | ||||||
14 | named on such card consents to such use at the time the card is | ||||||
15 | so used. | ||||||
16 | An optometrist's determination of a visual disability | ||||||
17 | under Section 4A of this Act is acceptable as documentation | ||||||
18 | for the purpose of issuing an Illinois Person with a | ||||||
19 | Disability Identification Card. | ||||||
20 | When medical information is contained on an Illinois | ||||||
21 | Person with a Disability Identification Card, the Office of | ||||||
22 | the Secretary of State shall not be liable for any actions | ||||||
23 | taken based upon that medical information. | ||||||
24 | (c) The Secretary of State shall provide that each | ||||||
25 | original or renewal Illinois Identification Card or Illinois | ||||||
26 | Person with a Disability Identification Card issued to a |
| |||||||
| |||||||
1 | person under the age of 21 shall be of a distinct nature from | ||||||
2 | those Illinois Identification Cards or Illinois Person with a | ||||||
3 | Disability Identification Cards issued to individuals 21 years | ||||||
4 | of age or older. The color designated for Illinois | ||||||
5 | Identification Cards or Illinois Person with a Disability | ||||||
6 | Identification Cards for persons under the age of 21 shall be | ||||||
7 | at the discretion of the Secretary of State. | ||||||
8 | (c-1) Each original or renewal Illinois Identification | ||||||
9 | Card or Illinois Person with a Disability Identification Card | ||||||
10 | issued to a person under the age of 21 shall display the date | ||||||
11 | upon which the person becomes 18 years of age and the date upon | ||||||
12 | which the person becomes 21 years of age. | ||||||
13 | (c-3) The General Assembly recognizes the need to identify | ||||||
14 | military veterans living in this State for the purpose of | ||||||
15 | ensuring that they receive all of the services and benefits to | ||||||
16 | which they are legally entitled, including healthcare, | ||||||
17 | education assistance, and job placement. To assist the State | ||||||
18 | in identifying these veterans and delivering these vital | ||||||
19 | services and benefits, the Secretary of State is authorized to | ||||||
20 | issue Illinois Identification Cards and Illinois Person with a | ||||||
21 | Disability Identification Cards with the word "veteran" | ||||||
22 | appearing on the face of the cards. This authorization is | ||||||
23 | predicated on the unique status of veterans. The Secretary may | ||||||
24 | not issue any other identification card which identifies an | ||||||
25 | occupation, status, affiliation, hobby, or other unique | ||||||
26 | characteristics of the identification card holder which is |
| |||||||
| |||||||
1 | unrelated to the purpose of the identification card. | ||||||
2 | (c-5) Beginning on or before July 1, 2015, the Secretary | ||||||
3 | of State shall designate a space on each original or renewal | ||||||
4 | identification card where, at the request of the applicant, | ||||||
5 | the word "veteran" shall be placed. The veteran designation | ||||||
6 | shall be available to a person identified as a veteran under | ||||||
7 | subsection (b) of Section 5 of this Act who was discharged or | ||||||
8 | separated under honorable conditions. | ||||||
9 | (d) The Secretary of State may issue a Senior Citizen | ||||||
10 | discount card, to any natural person who is a resident of the | ||||||
11 | State of Illinois who is 60 years of age or older and who | ||||||
12 | applies for such a card or renewal thereof. The Secretary of | ||||||
13 | State shall charge no fee to issue such card. The card shall be | ||||||
14 | issued in every county and applications shall be made | ||||||
15 | available at, but not limited to, nutrition sites, senior | ||||||
16 | citizen centers and Area Agencies on Aging. The applicant, | ||||||
17 | upon receipt of such card and prior to its use for any purpose, | ||||||
18 | shall have affixed thereon in the space provided therefor his | ||||||
19 | signature or mark. | ||||||
20 | (e) The Secretary of State, in his or her discretion, may | ||||||
21 | designate on each Illinois Identification Card or Illinois | ||||||
22 | Person with a Disability Identification Card a space where the | ||||||
23 | card holder may place a sticker or decal, issued by the | ||||||
24 | Secretary of State, of uniform size as the Secretary may | ||||||
25 | specify, that shall indicate in appropriate language that the | ||||||
26 | card holder has renewed his or her Illinois Identification |
| |||||||
| |||||||
1 | Card or Illinois Person with a Disability Identification Card. | ||||||
2 | (Source: P.A. 102-299, eff. 8-6-21; 103-210, eff. 7-1-24; | ||||||
3 | 103-345, eff. 1-1-24; revised 12-12-23.)
| ||||||
4 | Section 45. The State Treasurer Employment Code is amended | ||||||
5 | by changing Section 7a as follows:
| ||||||
6 | (15 ILCS 510/7a) (from Ch. 130, par. 107a) | ||||||
7 | Sec. 7a. Terms; compensation Terms - compensation . Members | ||||||
8 | of the Personnel Review Board shall initially be appointed as | ||||||
9 | follows: | ||||||
10 | (a) One member to serve for 2 years and until a | ||||||
11 | successor is appointed; | ||||||
12 | (b) One member to serve for 4 years and until a | ||||||
13 | successor is appointed; and | ||||||
14 | (c) One member to serve for 6 years and until a | ||||||
15 | successor is appointed. | ||||||
16 | Thereafter, members of the Board shall be appointed by the | ||||||
17 | Treasurer for 6-year 6 year terms with the advice and consent | ||||||
18 | of the Senate. One member of the Board shall be appointed a | ||||||
19 | chairperson for a 2-year 2 year term. Members of the Board | ||||||
20 | shall each be paid $100 for each day they are engaged in the | ||||||
21 | business of the Board and shall be reimbursed for their | ||||||
22 | expenses when engaged in such business. | ||||||
23 | (Source: P.A. 103-152, eff. 6-30-23; revised 9-20-23.)
|
| |||||||
| |||||||
1 | Section 50. The Civil Administrative Code of Illinois is | ||||||
2 | amended by changing Section 5-222 as follows:
| ||||||
3 | (20 ILCS 5/5-222) | ||||||
4 | Sec. 5-222. Director of the Illinois Power Agency. The | ||||||
5 | Director of the Illinois Power Agency must have at least 10 | ||||||
6 | years of combined experience in the electric industry, | ||||||
7 | electricity policy, or electricity markets and must possess: | ||||||
8 | (i) general knowledge of the responsibilities of being a | ||||||
9 | director, (ii) managerial experience, and (iii) an advanced | ||||||
10 | degree in economics, risk management, law, business, | ||||||
11 | engineering, or a related field. The Director of the Illinois | ||||||
12 | Power Agency must have experience with the renewable energy | ||||||
13 | industry and understanding of the programs established by | ||||||
14 | Public Act 102-662 intended to promote equity in the renewable | ||||||
15 | energy industry. | ||||||
16 | (Source: P.A. 102-1123, eff. 1-27-23; revised 4-4-23.)
| ||||||
17 | Section 55. The Data Governance and Organization to | ||||||
18 | Support Equity and Racial Justice Act is amended by changing | ||||||
19 | Section 20-15 as follows:
| ||||||
20 | (20 ILCS 65/20-15) | ||||||
21 | Sec. 20-15. Data governance and organization to support | ||||||
22 | equity and racial justice. | ||||||
23 | (a) On or before July 1, 2022 and each July 1 thereafter, |
| |||||||
| |||||||
1 | the Board and the Department shall report statistical data on | ||||||
2 | the racial, ethnic, age, sex, disability status, sexual | ||||||
3 | orientation, gender identity, and primary or preferred | ||||||
4 | language demographics of program participants for each major | ||||||
5 | program administered by the Board or the Department, except as | ||||||
6 | provided in subsection (a-5). Except as provided in subsection | ||||||
7 | (b), when reporting the data required under this Section, the | ||||||
8 | Board or the Department shall use the same racial and ethnic | ||||||
9 | classifications for each program, which shall include, but not | ||||||
10 | be limited to, the following: | ||||||
11 | (1) American Indian and Alaska Native alone. | ||||||
12 | (2) Asian alone. | ||||||
13 | (3) Black or African American alone. | ||||||
14 | (4) Hispanic or Latino of any race. | ||||||
15 | (5) Native Hawaiian and Other Pacific Islander alone. | ||||||
16 | (6) White alone. | ||||||
17 | (7) Middle Eastern or North African. | ||||||
18 | (8) Some other race alone. | ||||||
19 | (9) Two or more races. | ||||||
20 | The Board and the Department may further define, by rule, | ||||||
21 | the racial and ethnic classifications, including, if | ||||||
22 | necessary, a classification of "No Race Specified". | ||||||
23 | (a-5) In relation to major program participants, the Board | ||||||
24 | shall not be required to collect personally identifiable | ||||||
25 | information and report statistical data on the categories of | ||||||
26 | sex, sexual orientation, and gender identity unless required |
| |||||||
| |||||||
1 | for federal reporting. The Board shall make available reports | ||||||
2 | on its Internet website, posted where other mandated reports | ||||||
3 | are posted, of statistical data on sex, sexual orientation, | ||||||
4 | and gender identity demographics through anonymous surveys or | ||||||
5 | other methods as age and developmentally appropriate. | ||||||
6 | (b) If a program administered by the Board or the | ||||||
7 | Department is subject to federal reporting requirements that | ||||||
8 | include the collection and public reporting of statistical | ||||||
9 | data on the racial and ethnic demographics of program | ||||||
10 | participants, the Department may maintain the same racial and | ||||||
11 | ethnic classifications used under the federal requirements if | ||||||
12 | such classifications differ from the classifications listed in | ||||||
13 | subsection (a). | ||||||
14 | (c) The Department of Innovation and Technology shall | ||||||
15 | assist the Board and the Department by establishing common | ||||||
16 | technological processes and procedures for the Board and the | ||||||
17 | Department to: | ||||||
18 | (1) Catalog data. | ||||||
19 | (2) Identify similar fields in datasets. | ||||||
20 | (3) Manage data requests. | ||||||
21 | (4) Share data. | ||||||
22 | (5) Collect data. | ||||||
23 | (6) Improve and clean data. | ||||||
24 | (7) Match data across the Board and Departments. | ||||||
25 | (8) Develop research and analytic agendas. | ||||||
26 | (9) Report on program participation disaggregated by |
| |||||||
| |||||||
1 | race and ethnicity. | ||||||
2 | (10) Evaluate equitable outcomes for underserved | ||||||
3 | populations in Illinois. | ||||||
4 | (11) Define common roles for data management. | ||||||
5 | (12) Ensure that all major programs can report | ||||||
6 | disaggregated data by race, ethnicity, age, sex, | ||||||
7 | disability status, sexual orientation, and gender | ||||||
8 | identity, and primary or preferred language. | ||||||
9 | The Board and the Department shall use the common | ||||||
10 | technological processes and procedures established by the | ||||||
11 | Department of Innovation and Technology. | ||||||
12 | (d) If the Board or the Department is unable to begin | ||||||
13 | reporting the data required by subsection (a) by July 1, 2022, | ||||||
14 | the Board or the Department shall state the reasons for the | ||||||
15 | delay under the reporting requirements. | ||||||
16 | (e) By no later than March 31, 2022, the Board and the | ||||||
17 | Department shall provide a progress report to the General | ||||||
18 | Assembly to disclose: (i) the programs and datasets that have | ||||||
19 | been cataloged for which race, ethnicity, age, sex, disability | ||||||
20 | status, sexual orientation, gender identity, and primary or | ||||||
21 | preferred language have been standardized; and (ii) to the | ||||||
22 | extent possible, the datasets and programs that are | ||||||
23 | outstanding for each agency and the datasets that are planned | ||||||
24 | for the upcoming year. On or before March 31, 2023, and each | ||||||
25 | year thereafter, the Board and the Department shall provide an | ||||||
26 | updated report to the General Assembly. |
| |||||||
| |||||||
1 | (f) By no later than October 31, 2021, the Governor's | ||||||
2 | Office shall provide a plan to establish processes for input | ||||||
3 | from the Board and the Department into processes outlined in | ||||||
4 | subsection (c). The plan shall incorporate ongoing efforts at | ||||||
5 | data interoperability within the Department and the governance | ||||||
6 | established to support the P-20 Longitudinal Education Data | ||||||
7 | System enacted by Public Act 96-107. | ||||||
8 | (g) Nothing in this Section shall be construed to limit | ||||||
9 | the rights granted to individuals or data sharing protections | ||||||
10 | established under existing State and federal data privacy and | ||||||
11 | security laws. | ||||||
12 | (Source: P.A. 102-543, eff. 8-20-21; 103-154, eff. 6-30-23; | ||||||
13 | 103-175, eff. 6-30-23; 103-414, eff. 1-1-24; revised | ||||||
14 | 12-12-23.)
| ||||||
15 | Section 60. The Illinois Act on the Aging is amended by | ||||||
16 | changing Section 4.02 as follows:
| ||||||
17 | (20 ILCS 105/4.02) | ||||||
18 | Sec. 4.02. Community Care Program. The Department shall | ||||||
19 | establish a program of services to prevent unnecessary | ||||||
20 | institutionalization of persons age 60 and older in need of | ||||||
21 | long term care or who are established as persons who suffer | ||||||
22 | from Alzheimer's disease or a related disorder under the | ||||||
23 | Alzheimer's Disease Assistance Act, thereby enabling them to | ||||||
24 | remain in their own homes or in other living arrangements. |
| |||||||
| |||||||
1 | Such preventive services, which may be coordinated with other | ||||||
2 | programs for the aged and monitored by area agencies on aging | ||||||
3 | in cooperation with the Department, may include, but are not | ||||||
4 | limited to, any or all of the following: | ||||||
5 | (a) (blank); | ||||||
6 | (b) (blank); | ||||||
7 | (c) home care aide services; | ||||||
8 | (d) personal assistant services; | ||||||
9 | (e) adult day services; | ||||||
10 | (f) home-delivered meals; | ||||||
11 | (g) education in self-care; | ||||||
12 | (h) personal care services; | ||||||
13 | (i) adult day health services; | ||||||
14 | (j) habilitation services; | ||||||
15 | (k) respite care; | ||||||
16 | (k-5) community reintegration services; | ||||||
17 | (k-6) flexible senior services; | ||||||
18 | (k-7) medication management; | ||||||
19 | (k-8) emergency home response; | ||||||
20 | (l) other nonmedical social services that may enable | ||||||
21 | the person to become self-supporting; or | ||||||
22 | (m) clearinghouse for information provided by senior | ||||||
23 | citizen home owners who want to rent rooms to or share | ||||||
24 | living space with other senior citizens. | ||||||
25 | The Department shall establish eligibility standards for | ||||||
26 | such services. In determining the amount and nature of |
| |||||||
| |||||||
1 | services for which a person may qualify, consideration shall | ||||||
2 | not be given to the value of cash, property , or other assets | ||||||
3 | held in the name of the person's spouse pursuant to a written | ||||||
4 | agreement dividing marital property into equal but separate | ||||||
5 | shares or pursuant to a transfer of the person's interest in a | ||||||
6 | home to his spouse, provided that the spouse's share of the | ||||||
7 | marital property is not made available to the person seeking | ||||||
8 | such services. | ||||||
9 | Beginning January 1, 2008, the Department shall require as | ||||||
10 | a condition of eligibility that all new financially eligible | ||||||
11 | applicants apply for and enroll in medical assistance under | ||||||
12 | Article V of the Illinois Public Aid Code in accordance with | ||||||
13 | rules promulgated by the Department. | ||||||
14 | The Department shall, in conjunction with the Department | ||||||
15 | of Public Aid (now Department of Healthcare and Family | ||||||
16 | Services), seek appropriate amendments under Sections 1915 and | ||||||
17 | 1924 of the Social Security Act. The purpose of the amendments | ||||||
18 | shall be to extend eligibility for home and community based | ||||||
19 | services under Sections 1915 and 1924 of the Social Security | ||||||
20 | Act to persons who transfer to or for the benefit of a spouse | ||||||
21 | those amounts of income and resources allowed under Section | ||||||
22 | 1924 of the Social Security Act. Subject to the approval of | ||||||
23 | such amendments, the Department shall extend the provisions of | ||||||
24 | Section 5-4 of the Illinois Public Aid Code to persons who, but | ||||||
25 | for the provision of home or community-based services, would | ||||||
26 | require the level of care provided in an institution, as is |
| |||||||
| |||||||
1 | provided for in federal law. Those persons no longer found to | ||||||
2 | be eligible for receiving noninstitutional services due to | ||||||
3 | changes in the eligibility criteria shall be given 45 days | ||||||
4 | notice prior to actual termination. Those persons receiving | ||||||
5 | notice of termination may contact the Department and request | ||||||
6 | the determination be appealed at any time during the 45 day | ||||||
7 | notice period. The target population identified for the | ||||||
8 | purposes of this Section are persons age 60 and older with an | ||||||
9 | identified service need. Priority shall be given to those who | ||||||
10 | are at imminent risk of institutionalization. The services | ||||||
11 | shall be provided to eligible persons age 60 and older to the | ||||||
12 | extent that the cost of the services together with the other | ||||||
13 | personal maintenance expenses of the persons are reasonably | ||||||
14 | related to the standards established for care in a group | ||||||
15 | facility appropriate to the person's condition. These | ||||||
16 | non-institutional services, pilot projects , or experimental | ||||||
17 | facilities may be provided as part of or in addition to those | ||||||
18 | authorized by federal law or those funded and administered by | ||||||
19 | the Department of Human Services. The Departments of Human | ||||||
20 | Services, Healthcare and Family Services, Public Health, | ||||||
21 | Veterans' Affairs, and Commerce and Economic Opportunity and | ||||||
22 | other appropriate agencies of State, federal , and local | ||||||
23 | governments shall cooperate with the Department on Aging in | ||||||
24 | the establishment and development of the non-institutional | ||||||
25 | services. The Department shall require an annual audit from | ||||||
26 | all personal assistant and home care aide vendors contracting |
| |||||||
| |||||||
1 | with the Department under this Section. The annual audit shall | ||||||
2 | assure that each audited vendor's procedures are in compliance | ||||||
3 | with Department's financial reporting guidelines requiring an | ||||||
4 | administrative and employee wage and benefits cost split as | ||||||
5 | defined in administrative rules. The audit is a public record | ||||||
6 | under the Freedom of Information Act. The Department shall | ||||||
7 | execute, relative to the nursing home prescreening project, | ||||||
8 | written inter-agency agreements with the Department of Human | ||||||
9 | Services and the Department of Healthcare and Family Services, | ||||||
10 | to effect the following: (1) intake procedures and common | ||||||
11 | eligibility criteria for those persons who are receiving | ||||||
12 | non-institutional services; and (2) the establishment and | ||||||
13 | development of non-institutional services in areas of the | ||||||
14 | State where they are not currently available or are | ||||||
15 | undeveloped. On and after July 1, 1996, all nursing home | ||||||
16 | prescreenings for individuals 60 years of age or older shall | ||||||
17 | be conducted by the Department. | ||||||
18 | As part of the Department on Aging's routine training of | ||||||
19 | case managers and case manager supervisors, the Department may | ||||||
20 | include information on family futures planning for persons who | ||||||
21 | are age 60 or older and who are caregivers of their adult | ||||||
22 | children with developmental disabilities. The content of the | ||||||
23 | training shall be at the Department's discretion. | ||||||
24 | The Department is authorized to establish a system of | ||||||
25 | recipient copayment for services provided under this Section, | ||||||
26 | such copayment to be based upon the recipient's ability to pay |
| |||||||
| |||||||
1 | but in no case to exceed the actual cost of the services | ||||||
2 | provided. Additionally, any portion of a person's income which | ||||||
3 | is equal to or less than the federal poverty standard shall not | ||||||
4 | be considered by the Department in determining the copayment. | ||||||
5 | The level of such copayment shall be adjusted whenever | ||||||
6 | necessary to reflect any change in the officially designated | ||||||
7 | federal poverty standard. | ||||||
8 | The Department, or the Department's authorized | ||||||
9 | representative, may recover the amount of moneys expended for | ||||||
10 | services provided to or in behalf of a person under this | ||||||
11 | Section by a claim against the person's estate or against the | ||||||
12 | estate of the person's surviving spouse, but no recovery may | ||||||
13 | be had until after the death of the surviving spouse, if any, | ||||||
14 | and then only at such time when there is no surviving child who | ||||||
15 | is under age 21 or blind or who has a permanent and total | ||||||
16 | disability. This paragraph, however, shall not bar recovery, | ||||||
17 | at the death of the person, of moneys for services provided to | ||||||
18 | the person or in behalf of the person under this Section to | ||||||
19 | which the person was not entitled; provided that such recovery | ||||||
20 | shall not be enforced against any real estate while it is | ||||||
21 | occupied as a homestead by the surviving spouse or other | ||||||
22 | dependent, if no claims by other creditors have been filed | ||||||
23 | against the estate, or, if such claims have been filed, they | ||||||
24 | remain dormant for failure of prosecution or failure of the | ||||||
25 | claimant to compel administration of the estate for the | ||||||
26 | purpose of payment. This paragraph shall not bar recovery from |
| |||||||
| |||||||
1 | the estate of a spouse, under Sections 1915 and 1924 of the | ||||||
2 | Social Security Act and Section 5-4 of the Illinois Public Aid | ||||||
3 | Code, who precedes a person receiving services under this | ||||||
4 | Section in death. All moneys for services paid to or in behalf | ||||||
5 | of the person under this Section shall be claimed for recovery | ||||||
6 | from the deceased spouse's estate. "Homestead", as used in | ||||||
7 | this paragraph, means the dwelling house and contiguous real | ||||||
8 | estate occupied by a surviving spouse or relative, as defined | ||||||
9 | by the rules and regulations of the Department of Healthcare | ||||||
10 | and Family Services, regardless of the value of the property. | ||||||
11 | The Department shall increase the effectiveness of the | ||||||
12 | existing Community Care Program by: | ||||||
13 | (1) ensuring that in-home services included in the | ||||||
14 | care plan are available on evenings and weekends; | ||||||
15 | (2) ensuring that care plans contain the services that | ||||||
16 | eligible participants need based on the number of days in | ||||||
17 | a month, not limited to specific blocks of time, as | ||||||
18 | identified by the comprehensive assessment tool selected | ||||||
19 | by the Department for use statewide, not to exceed the | ||||||
20 | total monthly service cost maximum allowed for each | ||||||
21 | service; the Department shall develop administrative rules | ||||||
22 | to implement this item (2); | ||||||
23 | (3) ensuring that the participants have the right to | ||||||
24 | choose the services contained in their care plan and to | ||||||
25 | direct how those services are provided, based on | ||||||
26 | administrative rules established by the Department; |
| |||||||
| |||||||
1 | (4) ensuring that the determination of need tool is | ||||||
2 | accurate in determining the participants' level of need; | ||||||
3 | to achieve this, the Department, in conjunction with the | ||||||
4 | Older Adult Services Advisory Committee, shall institute a | ||||||
5 | study of the relationship between the Determination of | ||||||
6 | Need scores, level of need, service cost maximums, and the | ||||||
7 | development and utilization of service plans no later than | ||||||
8 | May 1, 2008; findings and recommendations shall be | ||||||
9 | presented to the Governor and the General Assembly no | ||||||
10 | later than January 1, 2009; recommendations shall include | ||||||
11 | all needed changes to the service cost maximums schedule | ||||||
12 | and additional covered services; | ||||||
13 | (5) ensuring that homemakers can provide personal care | ||||||
14 | services that may or may not involve contact with clients, | ||||||
15 | including , but not limited to: | ||||||
16 | (A) bathing; | ||||||
17 | (B) grooming; | ||||||
18 | (C) toileting; | ||||||
19 | (D) nail care; | ||||||
20 | (E) transferring; | ||||||
21 | (F) respiratory services; | ||||||
22 | (G) exercise; or | ||||||
23 | (H) positioning; | ||||||
24 | (6) ensuring that homemaker program vendors are not | ||||||
25 | restricted from hiring homemakers who are family members | ||||||
26 | of clients or recommended by clients; the Department may |
| |||||||
| |||||||
1 | not, by rule or policy, require homemakers who are family | ||||||
2 | members of clients or recommended by clients to accept | ||||||
3 | assignments in homes other than the client; | ||||||
4 | (7) ensuring that the State may access maximum federal | ||||||
5 | matching funds by seeking approval for the Centers for | ||||||
6 | Medicare and Medicaid Services for modifications to the | ||||||
7 | State's home and community based services waiver and | ||||||
8 | additional waiver opportunities, including applying for | ||||||
9 | enrollment in the Balance Incentive Payment Program by May | ||||||
10 | 1, 2013, in order to maximize federal matching funds; this | ||||||
11 | shall include, but not be limited to, modification that | ||||||
12 | reflects all changes in the Community Care Program | ||||||
13 | services and all increases in the services cost maximum; | ||||||
14 | (8) ensuring that the determination of need tool | ||||||
15 | accurately reflects the service needs of individuals with | ||||||
16 | Alzheimer's disease and related dementia disorders; | ||||||
17 | (9) ensuring that services are authorized accurately | ||||||
18 | and consistently for the Community Care Program (CCP); the | ||||||
19 | Department shall implement a Service Authorization policy | ||||||
20 | directive; the purpose shall be to ensure that eligibility | ||||||
21 | and services are authorized accurately and consistently in | ||||||
22 | the CCP program; the policy directive shall clarify | ||||||
23 | service authorization guidelines to Care Coordination | ||||||
24 | Units and Community Care Program providers no later than | ||||||
25 | May 1, 2013; | ||||||
26 | (10) working in conjunction with Care Coordination |
| |||||||
| |||||||
1 | Units, the Department of Healthcare and Family Services, | ||||||
2 | the Department of Human Services, Community Care Program | ||||||
3 | providers, and other stakeholders to make improvements to | ||||||
4 | the Medicaid claiming processes and the Medicaid | ||||||
5 | enrollment procedures or requirements as needed, | ||||||
6 | including, but not limited to, specific policy changes or | ||||||
7 | rules to improve the up-front enrollment of participants | ||||||
8 | in the Medicaid program and specific policy changes or | ||||||
9 | rules to insure more prompt submission of bills to the | ||||||
10 | federal government to secure maximum federal matching | ||||||
11 | dollars as promptly as possible; the Department on Aging | ||||||
12 | shall have at least 3 meetings with stakeholders by | ||||||
13 | January 1, 2014 in order to address these improvements; | ||||||
14 | (11) requiring home care service providers to comply | ||||||
15 | with the rounding of hours worked provisions under the | ||||||
16 | federal Fair Labor Standards Act (FLSA) and as set forth | ||||||
17 | in 29 CFR 785.48(b) by May 1, 2013; | ||||||
18 | (12) implementing any necessary policy changes or | ||||||
19 | promulgating any rules, no later than January 1, 2014, to | ||||||
20 | assist the Department of Healthcare and Family Services in | ||||||
21 | moving as many participants as possible, consistent with | ||||||
22 | federal regulations, into coordinated care plans if a care | ||||||
23 | coordination plan that covers long term care is available | ||||||
24 | in the recipient's area; and | ||||||
25 | (13) maintaining fiscal year 2014 rates at the same | ||||||
26 | level established on January 1, 2013. |
| |||||||
| |||||||
1 | By January 1, 2009 or as soon after the end of the Cash and | ||||||
2 | Counseling Demonstration Project as is practicable, the | ||||||
3 | Department may, based on its evaluation of the demonstration | ||||||
4 | project, promulgate rules concerning personal assistant | ||||||
5 | services, to include, but need not be limited to, | ||||||
6 | qualifications, employment screening, rights under fair labor | ||||||
7 | standards, training, fiduciary agent, and supervision | ||||||
8 | requirements. All applicants shall be subject to the | ||||||
9 | provisions of the Health Care Worker Background Check Act. | ||||||
10 | The Department shall develop procedures to enhance | ||||||
11 | availability of services on evenings, weekends, and on an | ||||||
12 | emergency basis to meet the respite needs of caregivers. | ||||||
13 | Procedures shall be developed to permit the utilization of | ||||||
14 | services in successive blocks of 24 hours up to the monthly | ||||||
15 | maximum established by the Department. Workers providing these | ||||||
16 | services shall be appropriately trained. | ||||||
17 | Beginning on September 23, 1991 ( the effective date of | ||||||
18 | Public Act 87-729) this amendatory Act of 1991 , no person may | ||||||
19 | perform chore/housekeeping and home care aide services under a | ||||||
20 | program authorized by this Section unless that person has been | ||||||
21 | issued a certificate of pre-service to do so by his or her | ||||||
22 | employing agency. Information gathered to effect such | ||||||
23 | certification shall include (i) the person's name, (ii) the | ||||||
24 | date the person was hired by his or her current employer, and | ||||||
25 | (iii) the training, including dates and levels. Persons | ||||||
26 | engaged in the program authorized by this Section before the |
| |||||||
| |||||||
1 | effective date of this amendatory Act of 1991 shall be issued a | ||||||
2 | certificate of all pre-service pre- and in-service training | ||||||
3 | from his or her employer upon submitting the necessary | ||||||
4 | information. The employing agency shall be required to retain | ||||||
5 | records of all staff pre-service pre- and in-service training, | ||||||
6 | and shall provide such records to the Department upon request | ||||||
7 | and upon termination of the employer's contract with the | ||||||
8 | Department. In addition, the employing agency is responsible | ||||||
9 | for the issuance of certifications of in-service training | ||||||
10 | completed to their employees. | ||||||
11 | The Department is required to develop a system to ensure | ||||||
12 | that persons working as home care aides and personal | ||||||
13 | assistants receive increases in their wages when the federal | ||||||
14 | minimum wage is increased by requiring vendors to certify that | ||||||
15 | they are meeting the federal minimum wage statute for home | ||||||
16 | care aides and personal assistants. An employer that cannot | ||||||
17 | ensure that the minimum wage increase is being given to home | ||||||
18 | care aides and personal assistants shall be denied any | ||||||
19 | increase in reimbursement costs. | ||||||
20 | The Community Care Program Advisory Committee is created | ||||||
21 | in the Department on Aging. The Director shall appoint | ||||||
22 | individuals to serve in the Committee, who shall serve at | ||||||
23 | their own expense. Members of the Committee must abide by all | ||||||
24 | applicable ethics laws. The Committee shall advise the | ||||||
25 | Department on issues related to the Department's program of | ||||||
26 | services to prevent unnecessary institutionalization. The |
| |||||||
| |||||||
1 | Committee shall meet on a bi-monthly basis and shall serve to | ||||||
2 | identify and advise the Department on present and potential | ||||||
3 | issues affecting the service delivery network, the program's | ||||||
4 | clients, and the Department and to recommend solution | ||||||
5 | strategies. Persons appointed to the Committee shall be | ||||||
6 | appointed on, but not limited to, their own and their agency's | ||||||
7 | experience with the program, geographic representation, and | ||||||
8 | willingness to serve. The Director shall appoint members to | ||||||
9 | the Committee to represent provider, advocacy, policy | ||||||
10 | research, and other constituencies committed to the delivery | ||||||
11 | of high quality home and community-based services to older | ||||||
12 | adults. Representatives shall be appointed to ensure | ||||||
13 | representation from community care providers , including, but | ||||||
14 | not limited to, adult day service providers, homemaker | ||||||
15 | providers, case coordination and case management units, | ||||||
16 | emergency home response providers, statewide trade or labor | ||||||
17 | unions that represent home care aides and direct care staff, | ||||||
18 | area agencies on aging, adults over age 60, membership | ||||||
19 | organizations representing older adults, and other | ||||||
20 | organizational entities, providers of care, or individuals | ||||||
21 | with demonstrated interest and expertise in the field of home | ||||||
22 | and community care as determined by the Director. | ||||||
23 | Nominations may be presented from any agency or State | ||||||
24 | association with interest in the program. The Director, or his | ||||||
25 | or her designee, shall serve as the permanent co-chair of the | ||||||
26 | advisory committee. One other co-chair shall be nominated and |
| |||||||
| |||||||
1 | approved by the members of the committee on an annual basis. | ||||||
2 | Committee members' terms of appointment shall be for 4 years | ||||||
3 | with one-quarter of the appointees' terms expiring each year. | ||||||
4 | A member shall continue to serve until his or her replacement | ||||||
5 | is named. The Department shall fill vacancies that have a | ||||||
6 | remaining term of over one year, and this replacement shall | ||||||
7 | occur through the annual replacement of expiring terms. The | ||||||
8 | Director shall designate Department staff to provide technical | ||||||
9 | assistance and staff support to the committee. Department | ||||||
10 | representation shall not constitute membership of the | ||||||
11 | committee. All Committee papers, issues, recommendations, | ||||||
12 | reports, and meeting memoranda are advisory only. The | ||||||
13 | Director, or his or her designee, shall make a written report, | ||||||
14 | as requested by the Committee, regarding issues before the | ||||||
15 | Committee. | ||||||
16 | The Department on Aging and the Department of Human | ||||||
17 | Services shall cooperate in the development and submission of | ||||||
18 | an annual report on programs and services provided under this | ||||||
19 | Section. Such joint report shall be filed with the Governor | ||||||
20 | and the General Assembly on or before March 31 of the following | ||||||
21 | fiscal year. | ||||||
22 | The requirement for reporting to the General Assembly | ||||||
23 | shall be satisfied by filing copies of the report as required | ||||||
24 | by Section 3.1 of the General Assembly Organization Act and | ||||||
25 | filing such additional copies with the State Government Report | ||||||
26 | Distribution Center for the General Assembly as is required |
| |||||||
| |||||||
1 | under paragraph (t) of Section 7 of the State Library Act. | ||||||
2 | Those persons previously found eligible for receiving | ||||||
3 | non-institutional services whose services were discontinued | ||||||
4 | under the Emergency Budget Act of Fiscal Year 1992, and who do | ||||||
5 | not meet the eligibility standards in effect on or after July | ||||||
6 | 1, 1992, shall remain ineligible on and after July 1, 1992. | ||||||
7 | Those persons previously not required to cost-share and who | ||||||
8 | were required to cost-share effective March 1, 1992, shall | ||||||
9 | continue to meet cost-share requirements on and after July 1, | ||||||
10 | 1992. Beginning July 1, 1992, all clients will be required to | ||||||
11 | meet eligibility, cost-share, and other requirements and will | ||||||
12 | have services discontinued or altered when they fail to meet | ||||||
13 | these requirements. | ||||||
14 | For the purposes of this Section, "flexible senior | ||||||
15 | services" refers to services that require one-time or periodic | ||||||
16 | expenditures , including, but not limited to, respite care, | ||||||
17 | home modification, assistive technology, housing assistance, | ||||||
18 | and transportation. | ||||||
19 | The Department shall implement an electronic service | ||||||
20 | verification based on global positioning systems or other | ||||||
21 | cost-effective technology for the Community Care Program no | ||||||
22 | later than January 1, 2014. | ||||||
23 | The Department shall require, as a condition of | ||||||
24 | eligibility, enrollment in the medical assistance program | ||||||
25 | under Article V of the Illinois Public Aid Code (i) beginning | ||||||
26 | August 1, 2013, if the Auditor General has reported that the |
| |||||||
| |||||||
1 | Department has failed to comply with the reporting | ||||||
2 | requirements of Section 2-27 of the Illinois State Auditing | ||||||
3 | Act; or (ii) beginning June 1, 2014, if the Auditor General has | ||||||
4 | reported that the Department has not undertaken the required | ||||||
5 | actions listed in the report required by subsection (a) of | ||||||
6 | Section 2-27 of the Illinois State Auditing Act. | ||||||
7 | The Department shall delay Community Care Program services | ||||||
8 | until an applicant is determined eligible for medical | ||||||
9 | assistance under Article V of the Illinois Public Aid Code (i) | ||||||
10 | beginning August 1, 2013, if the Auditor General has reported | ||||||
11 | that the Department has failed to comply with the reporting | ||||||
12 | requirements of Section 2-27 of the Illinois State Auditing | ||||||
13 | Act; or (ii) beginning June 1, 2014, if the Auditor General has | ||||||
14 | reported that the Department has not undertaken the required | ||||||
15 | actions listed in the report required by subsection (a) of | ||||||
16 | Section 2-27 of the Illinois State Auditing Act. | ||||||
17 | The Department shall implement co-payments for the | ||||||
18 | Community Care Program at the federally allowable maximum | ||||||
19 | level (i) beginning August 1, 2013, if the Auditor General has | ||||||
20 | reported that the Department has failed to comply with the | ||||||
21 | reporting requirements of Section 2-27 of the Illinois State | ||||||
22 | Auditing Act; or (ii) beginning June 1, 2014, if the Auditor | ||||||
23 | General has reported that the Department has not undertaken | ||||||
24 | the required actions listed in the report required by | ||||||
25 | subsection (a) of Section 2-27 of the Illinois State Auditing | ||||||
26 | Act. |
| |||||||
| |||||||
1 | The Department shall continue to provide other Community | ||||||
2 | Care Program reports as required by statute. | ||||||
3 | The Department shall conduct a quarterly review of Care | ||||||
4 | Coordination Unit performance and adherence to service | ||||||
5 | guidelines. The quarterly review shall be reported to the | ||||||
6 | Speaker of the House of Representatives, the Minority Leader | ||||||
7 | of the House of Representatives, the President of the Senate, | ||||||
8 | and the Minority Leader of the Senate. The Department shall | ||||||
9 | collect and report longitudinal data on the performance of | ||||||
10 | each care coordination unit. Nothing in this paragraph shall | ||||||
11 | be construed to require the Department to identify specific | ||||||
12 | care coordination units. | ||||||
13 | In regard to community care providers, failure to comply | ||||||
14 | with Department on Aging policies shall be cause for | ||||||
15 | disciplinary action, including, but not limited to, | ||||||
16 | disqualification from serving Community Care Program clients. | ||||||
17 | Each provider, upon submission of any bill or invoice to the | ||||||
18 | Department for payment for services rendered, shall include a | ||||||
19 | notarized statement, under penalty of perjury pursuant to | ||||||
20 | Section 1-109 of the Code of Civil Procedure, that the | ||||||
21 | provider has complied with all Department policies. | ||||||
22 | The Director of the Department on Aging shall make | ||||||
23 | information available to the State Board of Elections as may | ||||||
24 | be required by an agreement the State Board of Elections has | ||||||
25 | entered into with a multi-state voter registration list | ||||||
26 | maintenance system. |
| |||||||
| |||||||
1 | Within 30 days after July 6, 2017 (the effective date of | ||||||
2 | Public Act 100-23), rates shall be increased to $18.29 per | ||||||
3 | hour, for the purpose of increasing, by at least $.72 per hour, | ||||||
4 | the wages paid by those vendors to their employees who provide | ||||||
5 | homemaker services. The Department shall pay an enhanced rate | ||||||
6 | under the Community Care Program to those in-home service | ||||||
7 | provider agencies that offer health insurance coverage as a | ||||||
8 | benefit to their direct service worker employees consistent | ||||||
9 | with the mandates of Public Act 95-713. For State fiscal years | ||||||
10 | 2018 and 2019, the enhanced rate shall be $1.77 per hour. The | ||||||
11 | rate shall be adjusted using actuarial analysis based on the | ||||||
12 | cost of care, but shall not be set below $1.77 per hour. The | ||||||
13 | Department shall adopt rules, including emergency rules under | ||||||
14 | subsections (y) and (bb) of Section 5-45 of the Illinois | ||||||
15 | Administrative Procedure Act, to implement the provisions of | ||||||
16 | this paragraph. | ||||||
17 | Subject to federal approval, beginning on January 1, 2024, | ||||||
18 | rates for adult day services shall be increased to $16.84 per | ||||||
19 | hour and rates for each way transportation services for adult | ||||||
20 | day services shall be increased to $12.44 per unit | ||||||
21 | transportation. | ||||||
22 | Subject to federal approval, on and after January 1, 2024, | ||||||
23 | rates for homemaker services shall be increased to $28.07 to | ||||||
24 | sustain a minimum wage of $17 per hour for direct service | ||||||
25 | workers. Rates in subsequent State fiscal years shall be no | ||||||
26 | lower than the rates put into effect upon federal approval. |
| |||||||
| |||||||
1 | Providers of in-home services shall be required to certify to | ||||||
2 | the Department that they remain in compliance with the | ||||||
3 | mandated wage increase for direct service workers. Fringe | ||||||
4 | benefits, including, but not limited to, paid time off and | ||||||
5 | payment for training, health insurance, travel, or | ||||||
6 | transportation, shall not be reduced in relation to the rate | ||||||
7 | increases described in this paragraph. | ||||||
8 | The General Assembly finds it necessary to authorize an | ||||||
9 | aggressive Medicaid enrollment initiative designed to maximize | ||||||
10 | federal Medicaid funding for the Community Care Program which | ||||||
11 | produces significant savings for the State of Illinois. The | ||||||
12 | Department on Aging shall establish and implement a Community | ||||||
13 | Care Program Medicaid Initiative. Under the Initiative, the | ||||||
14 | Department on Aging shall, at a minimum: (i) provide an | ||||||
15 | enhanced rate to adequately compensate care coordination units | ||||||
16 | to enroll eligible Community Care Program clients into | ||||||
17 | Medicaid; (ii) use recommendations from a stakeholder | ||||||
18 | committee on how best to implement the Initiative; and (iii) | ||||||
19 | establish requirements for State agencies to make enrollment | ||||||
20 | in the State's Medical Assistance program easier for seniors. | ||||||
21 | The Community Care Program Medicaid Enrollment Oversight | ||||||
22 | Subcommittee is created as a subcommittee of the Older Adult | ||||||
23 | Services Advisory Committee established in Section 35 of the | ||||||
24 | Older Adult Services Act to make recommendations on how best | ||||||
25 | to increase the number of medical assistance recipients who | ||||||
26 | are enrolled in the Community Care Program. The Subcommittee |
| |||||||
| |||||||
1 | shall consist of all of the following persons who must be | ||||||
2 | appointed within 30 days after June 4, 2018 ( the effective | ||||||
3 | date of Public Act 100-587) this amendatory Act of the 100th | ||||||
4 | General Assembly : | ||||||
5 | (1) The Director of Aging, or his or her designee, who | ||||||
6 | shall serve as the chairperson of the Subcommittee. | ||||||
7 | (2) One representative of the Department of Healthcare | ||||||
8 | and Family Services, appointed by the Director of | ||||||
9 | Healthcare and Family Services. | ||||||
10 | (3) One representative of the Department of Human | ||||||
11 | Services, appointed by the Secretary of Human Services. | ||||||
12 | (4) One individual representing a care coordination | ||||||
13 | unit, appointed by the Director of Aging. | ||||||
14 | (5) One individual from a non-governmental statewide | ||||||
15 | organization that advocates for seniors, appointed by the | ||||||
16 | Director of Aging. | ||||||
17 | (6) One individual representing Area Agencies on | ||||||
18 | Aging, appointed by the Director of Aging. | ||||||
19 | (7) One individual from a statewide association | ||||||
20 | dedicated to Alzheimer's care, support, and research, | ||||||
21 | appointed by the Director of Aging. | ||||||
22 | (8) One individual from an organization that employs | ||||||
23 | persons who provide services under the Community Care | ||||||
24 | Program, appointed by the Director of Aging. | ||||||
25 | (9) One member of a trade or labor union representing | ||||||
26 | persons who provide services under the Community Care |
| |||||||
| |||||||
1 | Program, appointed by the Director of Aging. | ||||||
2 | (10) One member of the Senate, who shall serve as | ||||||
3 | co-chairperson, appointed by the President of the Senate. | ||||||
4 | (11) One member of the Senate, who shall serve as | ||||||
5 | co-chairperson, appointed by the Minority Leader of the | ||||||
6 | Senate. | ||||||
7 | (12) One member of the House of Representatives, who | ||||||
8 | shall serve as co-chairperson, appointed by the Speaker of | ||||||
9 | the House of Representatives. | ||||||
10 | (13) One member of the House of Representatives, who | ||||||
11 | shall serve as co-chairperson, appointed by the Minority | ||||||
12 | Leader of the House of Representatives. | ||||||
13 | (14) One individual appointed by a labor organization | ||||||
14 | representing frontline employees at the Department of | ||||||
15 | Human Services. | ||||||
16 | The Subcommittee shall provide oversight to the Community | ||||||
17 | Care Program Medicaid Initiative and shall meet quarterly. At | ||||||
18 | each Subcommittee meeting the Department on Aging shall | ||||||
19 | provide the following data sets to the Subcommittee: (A) the | ||||||
20 | number of Illinois residents, categorized by planning and | ||||||
21 | service area, who are receiving services under the Community | ||||||
22 | Care Program and are enrolled in the State's Medical | ||||||
23 | Assistance Program; (B) the number of Illinois residents, | ||||||
24 | categorized by planning and service area, who are receiving | ||||||
25 | services under the Community Care Program, but are not | ||||||
26 | enrolled in the State's Medical Assistance Program; and (C) |
| |||||||
| |||||||
1 | the number of Illinois residents, categorized by planning and | ||||||
2 | service area, who are receiving services under the Community | ||||||
3 | Care Program and are eligible for benefits under the State's | ||||||
4 | Medical Assistance Program, but are not enrolled in the | ||||||
5 | State's Medical Assistance Program. In addition to this data, | ||||||
6 | the Department on Aging shall provide the Subcommittee with | ||||||
7 | plans on how the Department on Aging will reduce the number of | ||||||
8 | Illinois residents who are not enrolled in the State's Medical | ||||||
9 | Assistance Program but who are eligible for medical assistance | ||||||
10 | benefits. The Department on Aging shall enroll in the State's | ||||||
11 | Medical Assistance Program those Illinois residents who | ||||||
12 | receive services under the Community Care Program and are | ||||||
13 | eligible for medical assistance benefits but are not enrolled | ||||||
14 | in the State's Medicaid Assistance Program. The data provided | ||||||
15 | to the Subcommittee shall be made available to the public via | ||||||
16 | the Department on Aging's website. | ||||||
17 | The Department on Aging, with the involvement of the | ||||||
18 | Subcommittee, shall collaborate with the Department of Human | ||||||
19 | Services and the Department of Healthcare and Family Services | ||||||
20 | on how best to achieve the responsibilities of the Community | ||||||
21 | Care Program Medicaid Initiative. | ||||||
22 | The Department on Aging, the Department of Human Services, | ||||||
23 | and the Department of Healthcare and Family Services shall | ||||||
24 | coordinate and implement a streamlined process for seniors to | ||||||
25 | access benefits under the State's Medical Assistance Program. | ||||||
26 | The Subcommittee shall collaborate with the Department of |
| |||||||
| |||||||
1 | Human Services on the adoption of a uniform application | ||||||
2 | submission process. The Department of Human Services and any | ||||||
3 | other State agency involved with processing the medical | ||||||
4 | assistance application of any person enrolled in the Community | ||||||
5 | Care Program shall include the appropriate care coordination | ||||||
6 | unit in all communications related to the determination or | ||||||
7 | status of the application. | ||||||
8 | The Community Care Program Medicaid Initiative shall | ||||||
9 | provide targeted funding to care coordination units to help | ||||||
10 | seniors complete their applications for medical assistance | ||||||
11 | benefits. On and after July 1, 2019, care coordination units | ||||||
12 | shall receive no less than $200 per completed application, | ||||||
13 | which rate may be included in a bundled rate for initial intake | ||||||
14 | services when Medicaid application assistance is provided in | ||||||
15 | conjunction with the initial intake process for new program | ||||||
16 | participants. | ||||||
17 | The Community Care Program Medicaid Initiative shall cease | ||||||
18 | operation 5 years after June 4, 2018 ( the effective date of | ||||||
19 | Public Act 100-587) this amendatory Act of the 100th General | ||||||
20 | Assembly , after which the Subcommittee shall dissolve. | ||||||
21 | Effective July 1, 2023, subject to federal approval, the | ||||||
22 | Department on Aging shall reimburse Care Coordination Units at | ||||||
23 | the following rates for case management services: $252.40 for | ||||||
24 | each initial assessment; $366.40 for each initial assessment | ||||||
25 | with translation; $229.68 for each redetermination assessment; | ||||||
26 | $313.68 for each redetermination assessment with translation; |
| |||||||
| |||||||
1 | $200.00 for each completed application for medical assistance | ||||||
2 | benefits; $132.26 for each face-to-face, choices-for-care | ||||||
3 | screening; $168.26 for each face-to-face, choices-for-care | ||||||
4 | screening with translation; $124.56 for each 6-month, | ||||||
5 | face-to-face visit; $132.00 for each MCO participant | ||||||
6 | eligibility determination; and $157.00 for each MCO | ||||||
7 | participant eligibility determination with translation. | ||||||
8 | (Source: P.A. 102-1071, eff. 6-10-22; 103-8, eff. 6-7-23; | ||||||
9 | 103-102, Article 45, Section 45-5, eff. 1-1-24; 103-102, | ||||||
10 | Article 85, Section 85-5, eff. 1-1-24; 103-102, Article 90, | ||||||
11 | Section 90-5, eff. 1-1-24; revised 12-12-23.)
| ||||||
12 | Section 65. The Personnel Code is amended by changing | ||||||
13 | Sections 8a, 8b.3, 8b.9, 8b.10, and 9 as follows:
| ||||||
14 | (20 ILCS 415/8a) (from Ch. 127, par. 63b108a) | ||||||
15 | Sec. 8a. Jurisdiction A; classification Jurisdiction A - | ||||||
16 | Classification and pay. For positions in the State service | ||||||
17 | subject to the jurisdiction of the Department of Central | ||||||
18 | Management Services with respect to the classification and | ||||||
19 | pay: | ||||||
20 | (1) For the preparation, maintenance, and revision by | ||||||
21 | the Director, subject to approval by the Commission, of a | ||||||
22 | position classification plan for all positions subject to | ||||||
23 | this Code Act , based upon similarity of duties performed, | ||||||
24 | responsibilities assigned, and conditions of employment so |
| |||||||
| |||||||
1 | that the same schedule of pay may be equitably applied to | ||||||
2 | all positions in the same class. However, the pay of an | ||||||
3 | employee whose position is reduced in rank or grade by | ||||||
4 | reallocation because of a loss of duties or | ||||||
5 | responsibilities after his appointment to such position | ||||||
6 | shall not be required to be lowered for a period of one | ||||||
7 | year after the reallocation of his position. Conditions of | ||||||
8 | employment shall not be used as a factor in the | ||||||
9 | classification of any position heretofore paid under the | ||||||
10 | provisions of Section 1.22 of "An Act to standardize | ||||||
11 | position titles and salary rates", approved June 30, 1943, | ||||||
12 | as amended. Unless the Commission disapproves such | ||||||
13 | classification plan within 60 days, or any revision | ||||||
14 | thereof within 30 days, the Director shall allocate every | ||||||
15 | such position to one of the classes in the plan. Any | ||||||
16 | employee affected by the allocation of a position to a | ||||||
17 | class shall, after filing with the Director of Central | ||||||
18 | Management Services a written request for reconsideration | ||||||
19 | thereof in such manner and form as the Director may | ||||||
20 | prescribe, be given a reasonable opportunity to be heard | ||||||
21 | by the Director. If the employee does not accept the | ||||||
22 | allocation of the position, he shall then have the right | ||||||
23 | of appeal to the Civil Service Commission. | ||||||
24 | (2) For a pay plan to be prepared by the Director for | ||||||
25 | all employees subject to this Code Act after consultation | ||||||
26 | with operating agency heads and the Director of the |
| |||||||
| |||||||
1 | Governor's Office of Management and Budget. Such pay plan | ||||||
2 | may include provisions for uniformity of starting pay, an | ||||||
3 | increment plan, area differentials, a delay not to exceed | ||||||
4 | one year prior to the reduction of the pay of employees | ||||||
5 | whose positions are reduced in rank or grade by | ||||||
6 | reallocation because of a loss of duties or | ||||||
7 | responsibilities after their appointments to such | ||||||
8 | positions, prevailing rates of wages in those | ||||||
9 | classifications in which employers are now paying or may | ||||||
10 | hereafter pay such rates of wage and other provisions. | ||||||
11 | Such pay plan shall become effective only after it has | ||||||
12 | been approved by the Governor. Amendments to the pay plan | ||||||
13 | shall be made in the same manner. Such pay plan shall | ||||||
14 | provide that each employee shall be paid at one of the | ||||||
15 | rates set forth in the pay plan for the class of position | ||||||
16 | in which he is employed, subject to delay in the reduction | ||||||
17 | of pay of employees whose positions are reduced in rank or | ||||||
18 | grade by allocation as above set forth in this Section. | ||||||
19 | Such pay plan shall provide for a fair and reasonable | ||||||
20 | compensation for services rendered. | ||||||
21 | This Section is inapplicable to the position of Assistant | ||||||
22 | Director of Healthcare and Family Services in the Department | ||||||
23 | of Healthcare and Family Services. The salary for this | ||||||
24 | position shall be as established in the "The Civil | ||||||
25 | Administrative Code of Illinois ", approved March 7, 1917, as | ||||||
26 | amended . |
| |||||||
| |||||||
1 | (Source: P.A. 94-793, eff. 5-19-06; 95-331, eff. 8-21-07; | ||||||
2 | revised 9-20-23.)
| ||||||
3 | (20 ILCS 415/8b.3) (from Ch. 127, par. 63b108b.3) | ||||||
4 | Sec. 8b.3. For assessment of employees with contractual | ||||||
5 | rights under a collective bargaining agreement to determine | ||||||
6 | those candidates who are eligible for appointment and | ||||||
7 | promotion and their relative excellence. Assessments, which | ||||||
8 | are the determination of whether an individual meets the | ||||||
9 | minimum qualifications as determined by the class | ||||||
10 | specification of the position for which they are being | ||||||
11 | considered, shall be designed to objectively eliminate those | ||||||
12 | who are not qualified for the position into which they are | ||||||
13 | applying and to discover the relative fitness of those who are | ||||||
14 | qualified. The Director may substitute rankings , such as | ||||||
15 | superior, excellent, well-qualified , and qualified , for | ||||||
16 | numerical ratings and establish qualification assessments or | ||||||
17 | assessment equivalents accordingly. The Department may adopt | ||||||
18 | rules regarding the assessment of applicants and the | ||||||
19 | appointment of qualified candidates. Adopted rules shall be | ||||||
20 | interpreted to be consistent with collective bargaining | ||||||
21 | agreements. | ||||||
22 | (Source: P.A. 103-108, eff. 6-27-23; revised 9-20-23.)
| ||||||
23 | (20 ILCS 415/8b.9) (from Ch. 127, par. 63b108b.9) | ||||||
24 | Sec. 8b.9. For temporary appointments to any positions in |
| |||||||
| |||||||
1 | the State service which are determined to be temporary or | ||||||
2 | seasonal in nature by the Director of Central Management | ||||||
3 | Services. Temporary appointments may be made for not more than | ||||||
4 | 6 months. No position in the State service may be filled by | ||||||
5 | temporary appointment for more than 6 months out of any | ||||||
6 | 12-month 12 month period. | ||||||
7 | (Source: P.A. 103-108, eff. 6-27-23; revised 9-20-23.)
| ||||||
8 | (20 ILCS 415/8b.10) (from Ch. 127, par. 63b108b.10) | ||||||
9 | Sec. 8b.10. For provisional appointment to a position | ||||||
10 | without competitive qualification assessment. No position | ||||||
11 | within jurisdiction B may be filled by provisional appointment | ||||||
12 | for longer than 6 months out of any 12-month 12 month period. | ||||||
13 | (Source: P.A. 103-108, eff. 6-27-23; revised 9-20-23.)
| ||||||
14 | (20 ILCS 415/9) (from Ch. 127, par. 63b109) | ||||||
15 | Sec. 9. Director ; , powers and duties. The Director, as | ||||||
16 | executive head of the Department, shall direct and supervise | ||||||
17 | all its administrative and technical activities. In addition | ||||||
18 | to the duties imposed upon him elsewhere in this Code law , it | ||||||
19 | shall be his duty: | ||||||
20 | (1) To apply and carry out this Code law and the rules | ||||||
21 | adopted thereunder. | ||||||
22 | (2) To attend meetings of the Commission. | ||||||
23 | (3) To establish and maintain a roster of all | ||||||
24 | employees subject to this Code Act , in which there shall |
| |||||||
| |||||||
1 | be set forth, as to each employee, the class, title, pay, | ||||||
2 | status, and other pertinent data. | ||||||
3 | (4) To appoint, subject to the provisions of this Code | ||||||
4 | Act , such employees of the Department and such experts and | ||||||
5 | special assistants as may be necessary to carry out | ||||||
6 | effectively this Code law . | ||||||
7 | (5) Subject to such exemptions or modifications as may | ||||||
8 | be necessary to assure the continuity of federal | ||||||
9 | contributions in those agencies supported in whole or in | ||||||
10 | part by federal funds, to make appointments to vacancies; | ||||||
11 | to approve all written charges seeking discharge, | ||||||
12 | demotion, or other disciplinary measures provided in this | ||||||
13 | Code Act and to approve transfers of employees from one | ||||||
14 | geographical area to another in the State, in offices, | ||||||
15 | positions or places of employment covered by this Code | ||||||
16 | Act , after consultation with the operating unit. | ||||||
17 | (6) To formulate and administer service wide policies | ||||||
18 | and programs for the improvement of employee | ||||||
19 | effectiveness, including training, safety, health, | ||||||
20 | incentive recognition, counseling, welfare , and employee | ||||||
21 | relations. The Department shall formulate and administer | ||||||
22 | recruitment plans and testing of potential employees for | ||||||
23 | agencies having direct contact with significant numbers of | ||||||
24 | non-English speaking or otherwise culturally distinct | ||||||
25 | persons. The Department shall require each State agency to | ||||||
26 | annually assess the need for employees with appropriate |
| |||||||
| |||||||
1 | bilingual capabilities to serve the significant numbers of | ||||||
2 | non-English speaking or culturally distinct persons. The | ||||||
3 | Department shall develop a uniform procedure for assessing | ||||||
4 | an agency's need for employees with appropriate bilingual | ||||||
5 | capabilities. Agencies shall establish occupational titles | ||||||
6 | or designate positions as "bilingual option" for persons | ||||||
7 | having sufficient linguistic ability or cultural knowledge | ||||||
8 | to be able to render effective service to such persons. | ||||||
9 | The Department shall ensure that any such option is | ||||||
10 | exercised according to the agency's needs assessment and | ||||||
11 | the requirements of this Code. The Department shall make | ||||||
12 | annual reports of the needs assessment of each agency and | ||||||
13 | the number of positions calling for non-English linguistic | ||||||
14 | ability to whom vacancy postings were sent, and the number | ||||||
15 | filled by each agency. Such policies and programs shall be | ||||||
16 | subject to approval by the Governor, provided that for | ||||||
17 | needs that require a certain linguistic ability that: (i) | ||||||
18 | have not been met for a posted position for a period of at | ||||||
19 | least one year; or (ii) arise when an individual's health | ||||||
20 | or safety would be placed in immediate risk, the | ||||||
21 | Department shall accept certifications of linguistic | ||||||
22 | competence from pre-approved third parties. To facilitate | ||||||
23 | expanding the scope of sources to demonstrate linguistic | ||||||
24 | competence, the Department shall issue standards for | ||||||
25 | demonstrating linguistic competence. No later than January | ||||||
26 | 2024, the Department shall authorize at least one if not |
| |||||||
| |||||||
1 | more community colleges in the regions involving the | ||||||
2 | counties of Cook, Lake, McHenry, Kane, DuPage, Kendall, | ||||||
3 | Will, Sangamon, and 5 other geographically distributed | ||||||
4 | counties within the State to pre-test and certify | ||||||
5 | linguistic ability, and such certifications by candidates | ||||||
6 | shall be presumed to satisfy the linguistic ability | ||||||
7 | requirements for the job position. Such policies, program | ||||||
8 | reports and needs assessment reports, as well as | ||||||
9 | linguistic certification standards, shall be filed with | ||||||
10 | the General Assembly by January 1 of each year and shall be | ||||||
11 | available to the public. | ||||||
12 | The Department shall include within the report | ||||||
13 | required above the number of persons receiving the | ||||||
14 | bilingual pay supplement established by Section 8a.2 of | ||||||
15 | this Code. The report shall provide the number of persons | ||||||
16 | receiving the bilingual pay supplement for languages other | ||||||
17 | than English and for signing. The report shall also | ||||||
18 | indicate the number of persons, by the categories of | ||||||
19 | Hispanic and non-Hispanic, who are receiving the bilingual | ||||||
20 | pay supplement for language skills other than signing, in | ||||||
21 | a language other than English. | ||||||
22 | (7) To conduct negotiations affecting pay, hours of | ||||||
23 | work, or other working conditions of employees subject to | ||||||
24 | this Code Act . | ||||||
25 | (8) To make continuing studies to improve the | ||||||
26 | efficiency of State services to the residents of Illinois, |
| |||||||
| |||||||
1 | including , but not limited to , those who are non-English | ||||||
2 | speaking or culturally distinct, and to report his | ||||||
3 | findings and recommendations to the Commission and the | ||||||
4 | Governor. | ||||||
5 | (9) To investigate from time to time the operation and | ||||||
6 | effect of this Code law and the rules made thereunder and | ||||||
7 | to report his findings and recommendations to the | ||||||
8 | Commission and to the Governor. | ||||||
9 | (10) To make an annual report regarding the work of | ||||||
10 | the Department, and such special reports as he may | ||||||
11 | consider desirable, to the Commission and to the Governor, | ||||||
12 | or as the Governor or Commission may request. | ||||||
13 | (11) To make continuing studies to encourage State | ||||||
14 | employment for persons with disabilities, including, but | ||||||
15 | not limited to, the Successful Disability Opportunities | ||||||
16 | Program. | ||||||
17 | (12) To make available, on the CMS website or its | ||||||
18 | equivalent, no less frequently than quarterly, information | ||||||
19 | regarding all exempt positions in State service and | ||||||
20 | information showing the number of employees who are exempt | ||||||
21 | from merit selection and non-exempt from merit selection | ||||||
22 | in each department. | ||||||
23 | (13) To establish policies to increase the flexibility | ||||||
24 | of the State workforce for every department or agency | ||||||
25 | subject to Jurisdiction C, including the use of flexible | ||||||
26 | time, location, workloads, and positions. The Director and |
| |||||||
| |||||||
1 | the director of each department or agency shall together | ||||||
2 | establish quantifiable goals to increase workforce | ||||||
3 | flexibility in each department or agency. To authorize in | ||||||
4 | every department or agency subject to Jurisdiction C the | ||||||
5 | use of flexible hours positions. A flexible hours position | ||||||
6 | is one that does not require an ordinary work schedule as | ||||||
7 | determined by the Department and includes , but is not | ||||||
8 | limited to: (1) 1) a part time job of 20 hours or more per | ||||||
9 | week, (2) 2) a job which is shared by 2 employees or a | ||||||
10 | compressed work week consisting of an ordinary number of | ||||||
11 | working hours performed on fewer than the number of days | ||||||
12 | ordinarily required to perform that job. The Department | ||||||
13 | may define flexible time to include other types of jobs | ||||||
14 | that are defined above. | ||||||
15 | The Director and the director of each department or | ||||||
16 | agency shall together establish goals for flexible hours | ||||||
17 | positions to be available in every department or agency. | ||||||
18 | The Department shall give technical assistance to | ||||||
19 | departments and agencies in achieving their goals, and | ||||||
20 | shall report to the Governor and the General Assembly each | ||||||
21 | year on the progress of each department and agency. | ||||||
22 | When a goal of 10% of the positions in a department or | ||||||
23 | agency being available on a flexible hours basis has been | ||||||
24 | reached, the Department shall evaluate the effectiveness | ||||||
25 | and efficiency of the program and determine whether to | ||||||
26 | expand the number of positions available for flexible |
| |||||||
| |||||||
1 | hours to 20%. | ||||||
2 | When a goal of 20% of the positions in a department or | ||||||
3 | agency being available on a flexible hours basis has been | ||||||
4 | reached, the Department shall evaluate the effectiveness | ||||||
5 | and efficiency of the program and determine whether to | ||||||
6 | expand the number of positions available for flexible | ||||||
7 | hours. | ||||||
8 | (14) To perform any other lawful acts which he may | ||||||
9 | consider necessary or desirable to carry out the purposes | ||||||
10 | and provisions of this Code law . | ||||||
11 | (15) When a vacancy rate is greater than or equal to 10% | ||||||
12 | for a given position, the Department shall review the | ||||||
13 | educational and other requirements for the position to | ||||||
14 | determine if modifications need to be made. | ||||||
15 | The requirement for reporting to the General Assembly | ||||||
16 | shall be satisfied by filing copies of the report as required | ||||||
17 | by Section 3.1 of the General Assembly Organization Act, and | ||||||
18 | filing such additional copies with the State Government Report | ||||||
19 | Distribution Center for the General Assembly as is required | ||||||
20 | under paragraph (t) of Section 7 of the State Library Act. | ||||||
21 | (Source: P.A. 102-952, eff. 1-1-23; 103-108, eff. 6-27-23; | ||||||
22 | revised 9-20-23.)
| ||||||
23 | Section 70. The Children and Family Services Act is | ||||||
24 | amended by changing Sections 5, 5d, 7.4, 17, and 21 as follows:
|
| |||||||
| |||||||
1 | (20 ILCS 505/5) | ||||||
2 | Sec. 5. Direct child welfare services; Department of | ||||||
3 | Children and Family Services. To provide direct child welfare | ||||||
4 | services when not available through other public or private | ||||||
5 | child care or program facilities. | ||||||
6 | (a) For purposes of this Section: | ||||||
7 | (1) "Children" means persons found within the State | ||||||
8 | who are under the age of 18 years. The term also includes | ||||||
9 | persons under age 21 who: | ||||||
10 | (A) were committed to the Department pursuant to | ||||||
11 | the Juvenile Court Act or the Juvenile Court Act of | ||||||
12 | 1987 and who continue under the jurisdiction of the | ||||||
13 | court; or | ||||||
14 | (B) were accepted for care, service and training | ||||||
15 | by the Department prior to the age of 18 and whose best | ||||||
16 | interest in the discretion of the Department would be | ||||||
17 | served by continuing that care, service and training | ||||||
18 | because of severe emotional disturbances, physical | ||||||
19 | disability, social adjustment or any combination | ||||||
20 | thereof, or because of the need to complete an | ||||||
21 | educational or vocational training program. | ||||||
22 | (2) "Homeless youth" means persons found within the | ||||||
23 | State who are under the age of 19, are not in a safe and | ||||||
24 | stable living situation and cannot be reunited with their | ||||||
25 | families. | ||||||
26 | (3) "Child welfare services" means public social |
| |||||||
| |||||||
1 | services which are directed toward the accomplishment of | ||||||
2 | the following purposes: | ||||||
3 | (A) protecting and promoting the health, safety | ||||||
4 | and welfare of children, including homeless, | ||||||
5 | dependent, or neglected children; | ||||||
6 | (B) remedying, or assisting in the solution of | ||||||
7 | problems which may result in, the neglect, abuse, | ||||||
8 | exploitation, or delinquency of children; | ||||||
9 | (C) preventing the unnecessary separation of | ||||||
10 | children from their families by identifying family | ||||||
11 | problems, assisting families in resolving their | ||||||
12 | problems, and preventing the breakup of the family | ||||||
13 | where the prevention of child removal is desirable and | ||||||
14 | possible when the child can be cared for at home | ||||||
15 | without endangering the child's health and safety; | ||||||
16 | (D) restoring to their families children who have | ||||||
17 | been removed, by the provision of services to the | ||||||
18 | child and the families when the child can be cared for | ||||||
19 | at home without endangering the child's health and | ||||||
20 | safety; | ||||||
21 | (E) placing children in suitable permanent family | ||||||
22 | arrangements, through guardianship or adoption, in | ||||||
23 | cases where restoration to the birth family is not | ||||||
24 | safe, possible, or appropriate; | ||||||
25 | (F) at the time of placement, conducting | ||||||
26 | concurrent planning, as described in subsection (l-1) |
| |||||||
| |||||||
1 | of this Section , so that permanency may occur at the | ||||||
2 | earliest opportunity. Consideration should be given so | ||||||
3 | that if reunification fails or is delayed, the | ||||||
4 | placement made is the best available placement to | ||||||
5 | provide permanency for the child; | ||||||
6 | (G) (blank); | ||||||
7 | (H) (blank); and | ||||||
8 | (I) placing and maintaining children in facilities | ||||||
9 | that provide separate living quarters for children | ||||||
10 | under the age of 18 and for children 18 years of age | ||||||
11 | and older, unless a child 18 years of age is in the | ||||||
12 | last year of high school education or vocational | ||||||
13 | training, in an approved individual or group treatment | ||||||
14 | program, in a licensed shelter facility, or secure | ||||||
15 | child care facility. The Department is not required to | ||||||
16 | place or maintain children: | ||||||
17 | (i) who are in a foster home, or | ||||||
18 | (ii) who are persons with a developmental | ||||||
19 | disability, as defined in the Mental Health and | ||||||
20 | Developmental Disabilities Code, or | ||||||
21 | (iii) who are female children who are | ||||||
22 | pregnant, pregnant and parenting, or parenting, or | ||||||
23 | (iv) who are siblings, in facilities that | ||||||
24 | provide separate living quarters for children 18 | ||||||
25 | years of age and older and for children under 18 | ||||||
26 | years of age. |
| |||||||
| |||||||
1 | (b) (Blank). | ||||||
2 | (b-5) The Department shall adopt rules to establish a | ||||||
3 | process for all licensed residential providers in Illinois to | ||||||
4 | submit data as required by the Department , if they contract or | ||||||
5 | receive reimbursement for children's mental health, substance | ||||||
6 | use, and developmental disability services from the Department | ||||||
7 | of Human Services, the Department of Juvenile Justice, or the | ||||||
8 | Department of Healthcare and Family Services. The requested | ||||||
9 | data must include, but is not limited to, capacity, staffing, | ||||||
10 | and occupancy data for the purpose of establishing State need | ||||||
11 | and placement availability. | ||||||
12 | All information collected, shared, or stored pursuant to | ||||||
13 | this subsection shall be handled in accordance with all State | ||||||
14 | and federal privacy laws and accompanying regulations and | ||||||
15 | rules, including without limitation the federal Health | ||||||
16 | Insurance Portability and Accountability Act of 1996 (Public | ||||||
17 | Law 104-191) and the Mental Health and Developmental | ||||||
18 | Disabilities Confidentiality Act. | ||||||
19 | (c) The Department shall establish and maintain | ||||||
20 | tax-supported child welfare services and extend and seek to | ||||||
21 | improve voluntary services throughout the State, to the end | ||||||
22 | that services and care shall be available on an equal basis | ||||||
23 | throughout the State to children requiring such services. | ||||||
24 | (d) The Director may authorize advance disbursements for | ||||||
25 | any new program initiative to any agency contracting with the | ||||||
26 | Department. As a prerequisite for an advance disbursement, the |
| |||||||
| |||||||
1 | contractor must post a surety bond in the amount of the advance | ||||||
2 | disbursement and have a purchase of service contract approved | ||||||
3 | by the Department. The Department may pay up to 2 months | ||||||
4 | operational expenses in advance. The amount of the advance | ||||||
5 | disbursement shall be prorated over the life of the contract | ||||||
6 | or the remaining months of the fiscal year, whichever is less, | ||||||
7 | and the installment amount shall then be deducted from future | ||||||
8 | bills. Advance disbursement authorizations for new initiatives | ||||||
9 | shall not be made to any agency after that agency has operated | ||||||
10 | during 2 consecutive fiscal years. The requirements of this | ||||||
11 | Section concerning advance disbursements shall not apply with | ||||||
12 | respect to the following: payments to local public agencies | ||||||
13 | for child day care services as authorized by Section 5a of this | ||||||
14 | Act; and youth service programs receiving grant funds under | ||||||
15 | Section 17a-4. | ||||||
16 | (e) (Blank). | ||||||
17 | (f) (Blank). | ||||||
18 | (g) The Department shall establish rules and regulations | ||||||
19 | concerning its operation of programs designed to meet the | ||||||
20 | goals of child safety and protection, family preservation, | ||||||
21 | family reunification, and adoption, including, but not limited | ||||||
22 | to: | ||||||
23 | (1) adoption; | ||||||
24 | (2) foster care; | ||||||
25 | (3) family counseling; | ||||||
26 | (4) protective services; |
| |||||||
| |||||||
1 | (5) (blank); | ||||||
2 | (6) homemaker service; | ||||||
3 | (7) return of runaway children; | ||||||
4 | (8) (blank); | ||||||
5 | (9) placement under Section 5-7 of the Juvenile Court | ||||||
6 | Act or Section 2-27, 3-28, 4-25, or 5-740 of the Juvenile | ||||||
7 | Court Act of 1987 in accordance with the federal Adoption | ||||||
8 | Assistance and Child Welfare Act of 1980; and | ||||||
9 | (10) interstate services. | ||||||
10 | Rules and regulations established by the Department shall | ||||||
11 | include provisions for training Department staff and the staff | ||||||
12 | of Department grantees, through contracts with other agencies | ||||||
13 | or resources, in screening techniques to identify substance | ||||||
14 | use disorders, as defined in the Substance Use Disorder Act, | ||||||
15 | approved by the Department of Human Services, as a successor | ||||||
16 | to the Department of Alcoholism and Substance Abuse, for the | ||||||
17 | purpose of identifying children and adults who should be | ||||||
18 | referred for an assessment at an organization appropriately | ||||||
19 | licensed by the Department of Human Services for substance use | ||||||
20 | disorder treatment. | ||||||
21 | (h) If the Department finds that there is no appropriate | ||||||
22 | program or facility within or available to the Department for | ||||||
23 | a youth in care and that no licensed private facility has an | ||||||
24 | adequate and appropriate program or none agrees to accept the | ||||||
25 | youth in care, the Department shall create an appropriate | ||||||
26 | individualized, program-oriented plan for such youth in care. |
| |||||||
| |||||||
1 | The plan may be developed within the Department or through | ||||||
2 | purchase of services by the Department to the extent that it is | ||||||
3 | within its statutory authority to do. | ||||||
4 | (i) Service programs shall be available throughout the | ||||||
5 | State and shall include but not be limited to the following | ||||||
6 | services: | ||||||
7 | (1) case management; | ||||||
8 | (2) homemakers; | ||||||
9 | (3) counseling; | ||||||
10 | (4) parent education; | ||||||
11 | (5) day care; and | ||||||
12 | (6) emergency assistance and advocacy. | ||||||
13 | In addition, the following services may be made available | ||||||
14 | to assess and meet the needs of children and families: | ||||||
15 | (1) comprehensive family-based services; | ||||||
16 | (2) assessments; | ||||||
17 | (3) respite care; and | ||||||
18 | (4) in-home health services. | ||||||
19 | The Department shall provide transportation for any of the | ||||||
20 | services it makes available to children or families or for | ||||||
21 | which it refers children or families. | ||||||
22 | (j) The Department may provide categories of financial | ||||||
23 | assistance and education assistance grants, and shall | ||||||
24 | establish rules and regulations concerning the assistance and | ||||||
25 | grants, to persons who adopt children with physical or mental | ||||||
26 | disabilities, children who are older, or other hard-to-place |
| |||||||
| |||||||
1 | children who (i) immediately prior to their adoption were | ||||||
2 | youth in care or (ii) were determined eligible for financial | ||||||
3 | assistance with respect to a prior adoption and who become | ||||||
4 | available for adoption because the prior adoption has been | ||||||
5 | dissolved and the parental rights of the adoptive parents have | ||||||
6 | been terminated or because the child's adoptive parents have | ||||||
7 | died. The Department may continue to provide financial | ||||||
8 | assistance and education assistance grants for a child who was | ||||||
9 | determined eligible for financial assistance under this | ||||||
10 | subsection (j) in the interim period beginning when the | ||||||
11 | child's adoptive parents died and ending with the finalization | ||||||
12 | of the new adoption of the child by another adoptive parent or | ||||||
13 | parents. The Department may also provide categories of | ||||||
14 | financial assistance and education assistance grants, and | ||||||
15 | shall establish rules and regulations for the assistance and | ||||||
16 | grants, to persons appointed guardian of the person under | ||||||
17 | Section 5-7 of the Juvenile Court Act or Section 2-27, 3-28, | ||||||
18 | 4-25, or 5-740 of the Juvenile Court Act of 1987 for children | ||||||
19 | who were youth in care for 12 months immediately prior to the | ||||||
20 | appointment of the guardian. | ||||||
21 | The amount of assistance may vary, depending upon the | ||||||
22 | needs of the child and the adoptive parents, as set forth in | ||||||
23 | the annual assistance agreement. Special purpose grants are | ||||||
24 | allowed where the child requires special service but such | ||||||
25 | costs may not exceed the amounts which similar services would | ||||||
26 | cost the Department if it were to provide or secure them as |
| |||||||
| |||||||
1 | guardian of the child. | ||||||
2 | Any financial assistance provided under this subsection is | ||||||
3 | inalienable by assignment, sale, execution, attachment, | ||||||
4 | garnishment, or any other remedy for recovery or collection of | ||||||
5 | a judgment or debt. | ||||||
6 | (j-5) The Department shall not deny or delay the placement | ||||||
7 | of a child for adoption if an approved family is available | ||||||
8 | either outside of the Department region handling the case, or | ||||||
9 | outside of the State of Illinois. | ||||||
10 | (k) The Department shall accept for care and training any | ||||||
11 | child who has been adjudicated neglected or abused, or | ||||||
12 | dependent committed to it pursuant to the Juvenile Court Act | ||||||
13 | or the Juvenile Court Act of 1987. | ||||||
14 | (l) The Department shall offer family preservation | ||||||
15 | services, as defined in Section 8.2 of the Abused and | ||||||
16 | Neglected Child Reporting Act, to help families, including | ||||||
17 | adoptive and extended families. Family preservation services | ||||||
18 | shall be offered (i) to prevent the placement of children in | ||||||
19 | substitute care when the children can be cared for at home or | ||||||
20 | in the custody of the person responsible for the children's | ||||||
21 | welfare, (ii) to reunite children with their families, or | ||||||
22 | (iii) to maintain an adoptive placement. Family preservation | ||||||
23 | services shall only be offered when doing so will not endanger | ||||||
24 | the children's health or safety. With respect to children who | ||||||
25 | are in substitute care pursuant to the Juvenile Court Act of | ||||||
26 | 1987, family preservation services shall not be offered if a |
| |||||||
| |||||||
1 | goal other than those of subdivisions (A), (B), or (B-1) of | ||||||
2 | subsection (2) of Section 2-28 of that Act has been set, except | ||||||
3 | that reunification services may be offered as provided in | ||||||
4 | paragraph (F) of subsection (2) of Section 2-28 of that Act. | ||||||
5 | Nothing in this paragraph shall be construed to create a | ||||||
6 | private right of action or claim on the part of any individual | ||||||
7 | or child welfare agency, except that when a child is the | ||||||
8 | subject of an action under Article II of the Juvenile Court Act | ||||||
9 | of 1987 and the child's service plan calls for services to | ||||||
10 | facilitate achievement of the permanency goal, the court | ||||||
11 | hearing the action under Article II of the Juvenile Court Act | ||||||
12 | of 1987 may order the Department to provide the services set | ||||||
13 | out in the plan, if those services are not provided with | ||||||
14 | reasonable promptness and if those services are available. | ||||||
15 | The Department shall notify the child and the child's | ||||||
16 | family of the Department's responsibility to offer and provide | ||||||
17 | family preservation services as identified in the service | ||||||
18 | plan. The child and the child's family shall be eligible for | ||||||
19 | services as soon as the report is determined to be | ||||||
20 | "indicated". The Department may offer services to any child or | ||||||
21 | family with respect to whom a report of suspected child abuse | ||||||
22 | or neglect has been filed, prior to concluding its | ||||||
23 | investigation under Section 7.12 of the Abused and Neglected | ||||||
24 | Child Reporting Act. However, the child's or family's | ||||||
25 | willingness to accept services shall not be considered in the | ||||||
26 | investigation. The Department may also provide services to any |
| |||||||
| |||||||
1 | child or family who is the subject of any report of suspected | ||||||
2 | child abuse or neglect or may refer such child or family to | ||||||
3 | services available from other agencies in the community, even | ||||||
4 | if the report is determined to be unfounded, if the conditions | ||||||
5 | in the child's or family's home are reasonably likely to | ||||||
6 | subject the child or family to future reports of suspected | ||||||
7 | child abuse or neglect. Acceptance of such services shall be | ||||||
8 | voluntary. The Department may also provide services to any | ||||||
9 | child or family after completion of a family assessment, as an | ||||||
10 | alternative to an investigation, as provided under the | ||||||
11 | "differential response program" provided for in subsection | ||||||
12 | (a-5) of Section 7.4 of the Abused and Neglected Child | ||||||
13 | Reporting Act. | ||||||
14 | The Department may, at its discretion except for those | ||||||
15 | children also adjudicated neglected or dependent, accept for | ||||||
16 | care and training any child who has been adjudicated addicted, | ||||||
17 | as a truant minor in need of supervision or as a minor | ||||||
18 | requiring authoritative intervention, under the Juvenile Court | ||||||
19 | Act or the Juvenile Court Act of 1987, but no such child shall | ||||||
20 | be committed to the Department by any court without the | ||||||
21 | approval of the Department. On and after January 1, 2015 (the | ||||||
22 | effective date of Public Act 98-803) and before January 1, | ||||||
23 | 2017, a minor charged with a criminal offense under the | ||||||
24 | Criminal Code of 1961 or the Criminal Code of 2012 or | ||||||
25 | adjudicated delinquent shall not be placed in the custody of | ||||||
26 | or committed to the Department by any court, except (i) a minor |
| |||||||
| |||||||
1 | less than 16 years of age committed to the Department under | ||||||
2 | Section 5-710 of the Juvenile Court Act of 1987, (ii) a minor | ||||||
3 | for whom an independent basis of abuse, neglect, or dependency | ||||||
4 | exists, which must be defined by departmental rule, or (iii) a | ||||||
5 | minor for whom the court has granted a supplemental petition | ||||||
6 | to reinstate wardship pursuant to subsection (2) of Section | ||||||
7 | 2-33 of the Juvenile Court Act of 1987. On and after January 1, | ||||||
8 | 2017, a minor charged with a criminal offense under the | ||||||
9 | Criminal Code of 1961 or the Criminal Code of 2012 or | ||||||
10 | adjudicated delinquent shall not be placed in the custody of | ||||||
11 | or committed to the Department by any court, except (i) a minor | ||||||
12 | less than 15 years of age committed to the Department under | ||||||
13 | Section 5-710 of the Juvenile Court Act of 1987, ( ii) a minor | ||||||
14 | for whom an independent basis of abuse, neglect, or dependency | ||||||
15 | exists, which must be defined by departmental rule, or (iii) a | ||||||
16 | minor for whom the court has granted a supplemental petition | ||||||
17 | to reinstate wardship pursuant to subsection (2) of Section | ||||||
18 | 2-33 of the Juvenile Court Act of 1987. An independent basis | ||||||
19 | exists when the allegations or adjudication of abuse, neglect, | ||||||
20 | or dependency do not arise from the same facts, incident, or | ||||||
21 | circumstances which give rise to a charge or adjudication of | ||||||
22 | delinquency. The Department shall assign a caseworker to | ||||||
23 | attend any hearing involving a youth in the care and custody of | ||||||
24 | the Department who is placed on aftercare release, including | ||||||
25 | hearings involving sanctions for violation of aftercare | ||||||
26 | release conditions and aftercare release revocation hearings. |
| |||||||
| |||||||
1 | As soon as is possible after August 7, 2009 (the effective | ||||||
2 | date of Public Act 96-134), the Department shall develop and | ||||||
3 | implement a special program of family preservation services to | ||||||
4 | support intact, foster, and adoptive families who are | ||||||
5 | experiencing extreme hardships due to the difficulty and | ||||||
6 | stress of caring for a child who has been diagnosed with a | ||||||
7 | pervasive developmental disorder if the Department determines | ||||||
8 | that those services are necessary to ensure the health and | ||||||
9 | safety of the child. The Department may offer services to any | ||||||
10 | family whether or not a report has been filed under the Abused | ||||||
11 | and Neglected Child Reporting Act. The Department may refer | ||||||
12 | the child or family to services available from other agencies | ||||||
13 | in the community if the conditions in the child's or family's | ||||||
14 | home are reasonably likely to subject the child or family to | ||||||
15 | future reports of suspected child abuse or neglect. Acceptance | ||||||
16 | of these services shall be voluntary. The Department shall | ||||||
17 | develop and implement a public information campaign to alert | ||||||
18 | health and social service providers and the general public | ||||||
19 | about these special family preservation services. The nature | ||||||
20 | and scope of the services offered and the number of families | ||||||
21 | served under the special program implemented under this | ||||||
22 | paragraph shall be determined by the level of funding that the | ||||||
23 | Department annually allocates for this purpose. The term | ||||||
24 | "pervasive developmental disorder" under this paragraph means | ||||||
25 | a neurological condition, including, but not limited to, | ||||||
26 | Asperger's Syndrome and autism, as defined in the most recent |
| |||||||
| |||||||
1 | edition of the Diagnostic and Statistical Manual of Mental | ||||||
2 | Disorders of the American Psychiatric Association. | ||||||
3 | (l-1) The General Assembly recognizes that the best | ||||||
4 | interests of the child require that the child be placed in the | ||||||
5 | most permanent living arrangement as soon as is practically | ||||||
6 | possible. To achieve this goal, the General Assembly directs | ||||||
7 | the Department of Children and Family Services to conduct | ||||||
8 | concurrent planning so that permanency may occur at the | ||||||
9 | earliest opportunity. Permanent living arrangements may | ||||||
10 | include prevention of placement of a child outside the home of | ||||||
11 | the family when the child can be cared for at home without | ||||||
12 | endangering the child's health or safety; reunification with | ||||||
13 | the family, when safe and appropriate, if temporary placement | ||||||
14 | is necessary; or movement of the child toward the most | ||||||
15 | permanent living arrangement and permanent legal status. | ||||||
16 | When determining reasonable efforts to be made with | ||||||
17 | respect to a child, as described in this subsection, and in | ||||||
18 | making such reasonable efforts, the child's health and safety | ||||||
19 | shall be the paramount concern. | ||||||
20 | When a child is placed in foster care, the Department | ||||||
21 | shall ensure and document that reasonable efforts were made to | ||||||
22 | prevent or eliminate the need to remove the child from the | ||||||
23 | child's home. The Department must make reasonable efforts to | ||||||
24 | reunify the family when temporary placement of the child | ||||||
25 | occurs unless otherwise required, pursuant to the Juvenile | ||||||
26 | Court Act of 1987. At any time after the dispositional hearing |
| |||||||
| |||||||
1 | where the Department believes that further reunification | ||||||
2 | services would be ineffective, it may request a finding from | ||||||
3 | the court that reasonable efforts are no longer appropriate. | ||||||
4 | The Department is not required to provide further | ||||||
5 | reunification services after such a finding. | ||||||
6 | A decision to place a child in substitute care shall be | ||||||
7 | made with considerations of the child's health, safety, and | ||||||
8 | best interests. At the time of placement, consideration should | ||||||
9 | also be given so that if reunification fails or is delayed, the | ||||||
10 | placement made is the best available placement to provide | ||||||
11 | permanency for the child. | ||||||
12 | The Department shall adopt rules addressing concurrent | ||||||
13 | planning for reunification and permanency. The Department | ||||||
14 | shall consider the following factors when determining | ||||||
15 | appropriateness of concurrent planning: | ||||||
16 | (1) the likelihood of prompt reunification; | ||||||
17 | (2) the past history of the family; | ||||||
18 | (3) the barriers to reunification being addressed by | ||||||
19 | the family; | ||||||
20 | (4) the level of cooperation of the family; | ||||||
21 | (5) the foster parents' willingness to work with the | ||||||
22 | family to reunite; | ||||||
23 | (6) the willingness and ability of the foster family | ||||||
24 | to provide an adoptive home or long-term placement; | ||||||
25 | (7) the age of the child; | ||||||
26 | (8) placement of siblings. |
| |||||||
| |||||||
1 | (m) The Department may assume temporary custody of any | ||||||
2 | child if: | ||||||
3 | (1) it has received a written consent to such | ||||||
4 | temporary custody signed by the parents of the child or by | ||||||
5 | the parent having custody of the child if the parents are | ||||||
6 | not living together or by the guardian or custodian of the | ||||||
7 | child if the child is not in the custody of either parent, | ||||||
8 | or | ||||||
9 | (2) the child is found in the State and neither a | ||||||
10 | parent, guardian nor custodian of the child can be | ||||||
11 | located. | ||||||
12 | If the child is found in the child's residence without a | ||||||
13 | parent, guardian, custodian, or responsible caretaker, the | ||||||
14 | Department may, instead of removing the child and assuming | ||||||
15 | temporary custody, place an authorized representative of the | ||||||
16 | Department in that residence until such time as a parent, | ||||||
17 | guardian, or custodian enters the home and expresses a | ||||||
18 | willingness and apparent ability to ensure the child's health | ||||||
19 | and safety and resume permanent charge of the child, or until a | ||||||
20 | relative enters the home and is willing and able to ensure the | ||||||
21 | child's health and safety and assume charge of the child until | ||||||
22 | a parent, guardian, or custodian enters the home and expresses | ||||||
23 | such willingness and ability to ensure the child's safety and | ||||||
24 | resume permanent charge. After a caretaker has remained in the | ||||||
25 | home for a period not to exceed 12 hours, the Department must | ||||||
26 | follow those procedures outlined in Section 2-9, 3-11, 4-8, or |
| |||||||
| |||||||
1 | 5-415 of the Juvenile Court Act of 1987. | ||||||
2 | The Department shall have the authority, responsibilities | ||||||
3 | and duties that a legal custodian of the child would have | ||||||
4 | pursuant to subsection (9) of Section 1-3 of the Juvenile | ||||||
5 | Court Act of 1987. Whenever a child is taken into temporary | ||||||
6 | custody pursuant to an investigation under the Abused and | ||||||
7 | Neglected Child Reporting Act, or pursuant to a referral and | ||||||
8 | acceptance under the Juvenile Court Act of 1987 of a minor in | ||||||
9 | limited custody, the Department, during the period of | ||||||
10 | temporary custody and before the child is brought before a | ||||||
11 | judicial officer as required by Section 2-9, 3-11, 4-8, or | ||||||
12 | 5-415 of the Juvenile Court Act of 1987, shall have the | ||||||
13 | authority, responsibilities and duties that a legal custodian | ||||||
14 | of the child would have under subsection (9) of Section 1-3 of | ||||||
15 | the Juvenile Court Act of 1987. | ||||||
16 | The Department shall ensure that any child taken into | ||||||
17 | custody is scheduled for an appointment for a medical | ||||||
18 | examination. | ||||||
19 | A parent, guardian, or custodian of a child in the | ||||||
20 | temporary custody of the Department who would have custody of | ||||||
21 | the child if the child were not in the temporary custody of the | ||||||
22 | Department may deliver to the Department a signed request that | ||||||
23 | the Department surrender the temporary custody of the child. | ||||||
24 | The Department may retain temporary custody of the child for | ||||||
25 | 10 days after the receipt of the request, during which period | ||||||
26 | the Department may cause to be filed a petition pursuant to the |
| |||||||
| |||||||
1 | Juvenile Court Act of 1987. If a petition is so filed, the | ||||||
2 | Department shall retain temporary custody of the child until | ||||||
3 | the court orders otherwise. If a petition is not filed within | ||||||
4 | the 10-day period, the child shall be surrendered to the | ||||||
5 | custody of the requesting parent, guardian, or custodian not | ||||||
6 | later than the expiration of the 10-day period, at which time | ||||||
7 | the authority and duties of the Department with respect to the | ||||||
8 | temporary custody of the child shall terminate. | ||||||
9 | (m-1) The Department may place children under 18 years of | ||||||
10 | age in a secure child care facility licensed by the Department | ||||||
11 | that cares for children who are in need of secure living | ||||||
12 | arrangements for their health, safety, and well-being after a | ||||||
13 | determination is made by the facility director and the | ||||||
14 | Director or the Director's designate prior to admission to the | ||||||
15 | facility subject to Section 2-27.1 of the Juvenile Court Act | ||||||
16 | of 1987. This subsection (m-1) does not apply to a child who is | ||||||
17 | subject to placement in a correctional facility operated | ||||||
18 | pursuant to Section 3-15-2 of the Unified Code of Corrections, | ||||||
19 | unless the child is a youth in care who was placed in the care | ||||||
20 | of the Department before being subject to placement in a | ||||||
21 | correctional facility and a court of competent jurisdiction | ||||||
22 | has ordered placement of the child in a secure care facility. | ||||||
23 | (n) The Department may place children under 18 years of | ||||||
24 | age in licensed child care facilities when in the opinion of | ||||||
25 | the Department, appropriate services aimed at family | ||||||
26 | preservation have been unsuccessful and cannot ensure the |
| |||||||
| |||||||
1 | child's health and safety or are unavailable and such | ||||||
2 | placement would be for their best interest. Payment for board, | ||||||
3 | clothing, care, training and supervision of any child placed | ||||||
4 | in a licensed child care facility may be made by the | ||||||
5 | Department, by the parents or guardians of the estates of | ||||||
6 | those children, or by both the Department and the parents or | ||||||
7 | guardians, except that no payments shall be made by the | ||||||
8 | Department for any child placed in a licensed child care | ||||||
9 | facility for board, clothing, care, training , and supervision | ||||||
10 | of such a child that exceed the average per capita cost of | ||||||
11 | maintaining and of caring for a child in institutions for | ||||||
12 | dependent or neglected children operated by the Department. | ||||||
13 | However, such restriction on payments does not apply in cases | ||||||
14 | where children require specialized care and treatment for | ||||||
15 | problems of severe emotional disturbance, physical disability, | ||||||
16 | social adjustment, or any combination thereof and suitable | ||||||
17 | facilities for the placement of such children are not | ||||||
18 | available at payment rates within the limitations set forth in | ||||||
19 | this Section. All reimbursements for services delivered shall | ||||||
20 | be absolutely inalienable by assignment, sale, attachment, or | ||||||
21 | garnishment or otherwise. | ||||||
22 | (n-1) The Department shall provide or authorize child | ||||||
23 | welfare services, aimed at assisting minors to achieve | ||||||
24 | sustainable self-sufficiency as independent adults, for any | ||||||
25 | minor eligible for the reinstatement of wardship pursuant to | ||||||
26 | subsection (2) of Section 2-33 of the Juvenile Court Act of |
| |||||||
| |||||||
1 | 1987, whether or not such reinstatement is sought or allowed, | ||||||
2 | provided that the minor consents to such services and has not | ||||||
3 | yet attained the age of 21. The Department shall have | ||||||
4 | responsibility for the development and delivery of services | ||||||
5 | under this Section. An eligible youth may access services | ||||||
6 | under this Section through the Department of Children and | ||||||
7 | Family Services or by referral from the Department of Human | ||||||
8 | Services. Youth participating in services under this Section | ||||||
9 | shall cooperate with the assigned case manager in developing | ||||||
10 | an agreement identifying the services to be provided and how | ||||||
11 | the youth will increase skills to achieve self-sufficiency. A | ||||||
12 | homeless shelter is not considered appropriate housing for any | ||||||
13 | youth receiving child welfare services under this Section. The | ||||||
14 | Department shall continue child welfare services under this | ||||||
15 | Section to any eligible minor until the minor becomes 21 years | ||||||
16 | of age, no longer consents to participate, or achieves | ||||||
17 | self-sufficiency as identified in the minor's service plan. | ||||||
18 | The Department of Children and Family Services shall create | ||||||
19 | clear, readable notice of the rights of former foster youth to | ||||||
20 | child welfare services under this Section and how such | ||||||
21 | services may be obtained. The Department of Children and | ||||||
22 | Family Services and the Department of Human Services shall | ||||||
23 | disseminate this information statewide. The Department shall | ||||||
24 | adopt regulations describing services intended to assist | ||||||
25 | minors in achieving sustainable self-sufficiency as | ||||||
26 | independent adults. |
| |||||||
| |||||||
1 | (o) The Department shall establish an administrative | ||||||
2 | review and appeal process for children and families who | ||||||
3 | request or receive child welfare services from the Department. | ||||||
4 | Youth in care who are placed by private child welfare | ||||||
5 | agencies, and foster families with whom those youth are | ||||||
6 | placed, shall be afforded the same procedural and appeal | ||||||
7 | rights as children and families in the case of placement by the | ||||||
8 | Department, including the right to an initial review of a | ||||||
9 | private agency decision by that agency. The Department shall | ||||||
10 | ensure that any private child welfare agency, which accepts | ||||||
11 | youth in care for placement, affords those rights to children | ||||||
12 | and foster families. The Department shall accept for | ||||||
13 | administrative review and an appeal hearing a complaint made | ||||||
14 | by (i) a child or foster family concerning a decision | ||||||
15 | following an initial review by a private child welfare agency | ||||||
16 | or (ii) a prospective adoptive parent who alleges a violation | ||||||
17 | of subsection (j-5) of this Section. An appeal of a decision | ||||||
18 | concerning a change in the placement of a child shall be | ||||||
19 | conducted in an expedited manner. A court determination that a | ||||||
20 | current foster home placement is necessary and appropriate | ||||||
21 | under Section 2-28 of the Juvenile Court Act of 1987 does not | ||||||
22 | constitute a judicial determination on the merits of an | ||||||
23 | administrative appeal, filed by a former foster parent, | ||||||
24 | involving a change of placement decision. | ||||||
25 | (p) (Blank). | ||||||
26 | (q) The Department may receive and use, in their entirety, |
| |||||||
| |||||||
1 | for the benefit of children any gift, donation, or bequest of | ||||||
2 | money or other property which is received on behalf of such | ||||||
3 | children, or any financial benefits to which such children are | ||||||
4 | or may become entitled while under the jurisdiction or care of | ||||||
5 | the Department, except that the benefits described in Section | ||||||
6 | 5.46 must be used and conserved consistent with the provisions | ||||||
7 | under Section 5.46. | ||||||
8 | The Department shall set up and administer no-cost, | ||||||
9 | interest-bearing accounts in appropriate financial | ||||||
10 | institutions for children for whom the Department is legally | ||||||
11 | responsible and who have been determined eligible for | ||||||
12 | Veterans' Benefits, Social Security benefits, assistance | ||||||
13 | allotments from the armed forces, court ordered payments, | ||||||
14 | parental voluntary payments, Supplemental Security Income, | ||||||
15 | Railroad Retirement payments, Black Lung benefits, or other | ||||||
16 | miscellaneous payments. Interest earned by each account shall | ||||||
17 | be credited to the account, unless disbursed in accordance | ||||||
18 | with this subsection. | ||||||
19 | In disbursing funds from children's accounts, the | ||||||
20 | Department shall: | ||||||
21 | (1) Establish standards in accordance with State and | ||||||
22 | federal laws for disbursing money from children's | ||||||
23 | accounts. In all circumstances, the Department's | ||||||
24 | Guardianship Administrator or the Guardianship | ||||||
25 | Administrator's designee must approve disbursements from | ||||||
26 | children's accounts. The Department shall be responsible |
| |||||||
| |||||||
1 | for keeping complete records of all disbursements for each | ||||||
2 | account for any purpose. | ||||||
3 | (2) Calculate on a monthly basis the amounts paid from | ||||||
4 | State funds for the child's board and care, medical care | ||||||
5 | not covered under Medicaid, and social services; and | ||||||
6 | utilize funds from the child's account, as covered by | ||||||
7 | regulation, to reimburse those costs. Monthly, | ||||||
8 | disbursements from all children's accounts, up to 1/12 of | ||||||
9 | $13,000,000, shall be deposited by the Department into the | ||||||
10 | General Revenue Fund and the balance over 1/12 of | ||||||
11 | $13,000,000 into the DCFS Children's Services Fund. | ||||||
12 | (3) Maintain any balance remaining after reimbursing | ||||||
13 | for the child's costs of care, as specified in item (2). | ||||||
14 | The balance shall accumulate in accordance with relevant | ||||||
15 | State and federal laws and shall be disbursed to the child | ||||||
16 | or the child's guardian , or to the issuing agency. | ||||||
17 | (r) The Department shall promulgate regulations | ||||||
18 | encouraging all adoption agencies to voluntarily forward to | ||||||
19 | the Department or its agent names and addresses of all persons | ||||||
20 | who have applied for and have been approved for adoption of a | ||||||
21 | hard-to-place child or child with a disability and the names | ||||||
22 | of such children who have not been placed for adoption. A list | ||||||
23 | of such names and addresses shall be maintained by the | ||||||
24 | Department or its agent, and coded lists which maintain the | ||||||
25 | confidentiality of the person seeking to adopt the child and | ||||||
26 | of the child shall be made available, without charge, to every |
| |||||||
| |||||||
1 | adoption agency in the State to assist the agencies in placing | ||||||
2 | such children for adoption. The Department may delegate to an | ||||||
3 | agent its duty to maintain and make available such lists. The | ||||||
4 | Department shall ensure that such agent maintains the | ||||||
5 | confidentiality of the person seeking to adopt the child and | ||||||
6 | of the child. | ||||||
7 | (s) The Department of Children and Family Services may | ||||||
8 | establish and implement a program to reimburse Department and | ||||||
9 | private child welfare agency foster parents licensed by the | ||||||
10 | Department of Children and Family Services for damages | ||||||
11 | sustained by the foster parents as a result of the malicious or | ||||||
12 | negligent acts of foster children, as well as providing third | ||||||
13 | party coverage for such foster parents with regard to actions | ||||||
14 | of foster children to other individuals. Such coverage will be | ||||||
15 | secondary to the foster parent liability insurance policy, if | ||||||
16 | applicable. The program shall be funded through appropriations | ||||||
17 | from the General Revenue Fund, specifically designated for | ||||||
18 | such purposes. | ||||||
19 | (t) The Department shall perform home studies and | ||||||
20 | investigations and shall exercise supervision over visitation | ||||||
21 | as ordered by a court pursuant to the Illinois Marriage and | ||||||
22 | Dissolution of Marriage Act or the Adoption Act only if: | ||||||
23 | (1) an order entered by an Illinois court specifically | ||||||
24 | directs the Department to perform such services; and | ||||||
25 | (2) the court has ordered one or both of the parties to | ||||||
26 | the proceeding to reimburse the Department for its |
| |||||||
| |||||||
1 | reasonable costs for providing such services in accordance | ||||||
2 | with Department rules, or has determined that neither | ||||||
3 | party is financially able to pay. | ||||||
4 | The Department shall provide written notification to the | ||||||
5 | court of the specific arrangements for supervised visitation | ||||||
6 | and projected monthly costs within 60 days of the court order. | ||||||
7 | The Department shall send to the court information related to | ||||||
8 | the costs incurred except in cases where the court has | ||||||
9 | determined the parties are financially unable to pay. The | ||||||
10 | court may order additional periodic reports as appropriate. | ||||||
11 | (u) In addition to other information that must be | ||||||
12 | provided, whenever the Department places a child with a | ||||||
13 | prospective adoptive parent or parents, in a licensed foster | ||||||
14 | home, group home, or child care institution, or in a relative | ||||||
15 | home, the Department shall provide to the prospective adoptive | ||||||
16 | parent or parents or other caretaker: | ||||||
17 | (1) available detailed information concerning the | ||||||
18 | child's educational and health history, copies of | ||||||
19 | immunization records (including insurance and medical card | ||||||
20 | information), a history of the child's previous | ||||||
21 | placements, if any, and reasons for placement changes | ||||||
22 | excluding any information that identifies or reveals the | ||||||
23 | location of any previous caretaker; | ||||||
24 | (2) a copy of the child's portion of the client | ||||||
25 | service plan, including any visitation arrangement, and | ||||||
26 | all amendments or revisions to it as related to the child; |
| |||||||
| |||||||
1 | and | ||||||
2 | (3) information containing details of the child's | ||||||
3 | individualized educational plan when the child is | ||||||
4 | receiving special education services. | ||||||
5 | The caretaker shall be informed of any known social or | ||||||
6 | behavioral information (including, but not limited to, | ||||||
7 | criminal background, fire setting, perpetuation of sexual | ||||||
8 | abuse, destructive behavior, and substance abuse) necessary to | ||||||
9 | care for and safeguard the children to be placed or currently | ||||||
10 | in the home. The Department may prepare a written summary of | ||||||
11 | the information required by this paragraph, which may be | ||||||
12 | provided to the foster or prospective adoptive parent in | ||||||
13 | advance of a placement. The foster or prospective adoptive | ||||||
14 | parent may review the supporting documents in the child's file | ||||||
15 | in the presence of casework staff. In the case of an emergency | ||||||
16 | placement, casework staff shall at least provide known | ||||||
17 | information verbally, if necessary, and must subsequently | ||||||
18 | provide the information in writing as required by this | ||||||
19 | subsection. | ||||||
20 | The information described in this subsection shall be | ||||||
21 | provided in writing. In the case of emergency placements when | ||||||
22 | time does not allow prior review, preparation, and collection | ||||||
23 | of written information, the Department shall provide such | ||||||
24 | information as it becomes available. Within 10 business days | ||||||
25 | after placement, the Department shall obtain from the | ||||||
26 | prospective adoptive parent or parents or other caretaker a |
| |||||||
| |||||||
1 | signed verification of receipt of the information provided. | ||||||
2 | Within 10 business days after placement, the Department shall | ||||||
3 | provide to the child's guardian ad litem a copy of the | ||||||
4 | information provided to the prospective adoptive parent or | ||||||
5 | parents or other caretaker. The information provided to the | ||||||
6 | prospective adoptive parent or parents or other caretaker | ||||||
7 | shall be reviewed and approved regarding accuracy at the | ||||||
8 | supervisory level. | ||||||
9 | (u-5) Effective July 1, 1995, only foster care placements | ||||||
10 | licensed as foster family homes pursuant to the Child Care Act | ||||||
11 | of 1969 shall be eligible to receive foster care payments from | ||||||
12 | the Department. Relative caregivers who, as of July 1, 1995, | ||||||
13 | were approved pursuant to approved relative placement rules | ||||||
14 | previously promulgated by the Department at 89 Ill. Adm. Code | ||||||
15 | 335 and had submitted an application for licensure as a foster | ||||||
16 | family home may continue to receive foster care payments only | ||||||
17 | until the Department determines that they may be licensed as a | ||||||
18 | foster family home or that their application for licensure is | ||||||
19 | denied or until September 30, 1995, whichever occurs first. | ||||||
20 | (v) The Department shall access criminal history record | ||||||
21 | information as defined in the Illinois Uniform Conviction | ||||||
22 | Information Act and information maintained in the adjudicatory | ||||||
23 | and dispositional record system as defined in Section 2605-355 | ||||||
24 | of the Illinois State Police Law if the Department determines | ||||||
25 | the information is necessary to perform its duties under the | ||||||
26 | Abused and Neglected Child Reporting Act, the Child Care Act |
| |||||||
| |||||||
1 | of 1969, and the Children and Family Services Act. The | ||||||
2 | Department shall provide for interactive computerized | ||||||
3 | communication and processing equipment that permits direct | ||||||
4 | on-line communication with the Illinois State Police's central | ||||||
5 | criminal history data repository. The Department shall comply | ||||||
6 | with all certification requirements and provide certified | ||||||
7 | operators who have been trained by personnel from the Illinois | ||||||
8 | State Police. In addition, one Office of the Inspector General | ||||||
9 | investigator shall have training in the use of the criminal | ||||||
10 | history information access system and have access to the | ||||||
11 | terminal. The Department of Children and Family Services and | ||||||
12 | its employees shall abide by rules and regulations established | ||||||
13 | by the Illinois State Police relating to the access and | ||||||
14 | dissemination of this information. | ||||||
15 | (v-1) Prior to final approval for placement of a child, | ||||||
16 | the Department shall conduct a criminal records background | ||||||
17 | check of the prospective foster or adoptive parent, including | ||||||
18 | fingerprint-based checks of national crime information | ||||||
19 | databases. Final approval for placement shall not be granted | ||||||
20 | if the record check reveals a felony conviction for child | ||||||
21 | abuse or neglect, for spousal abuse, for a crime against | ||||||
22 | children, or for a crime involving violence, including rape, | ||||||
23 | sexual assault, or homicide, but not including other physical | ||||||
24 | assault or battery, or if there is a felony conviction for | ||||||
25 | physical assault, battery, or a drug-related offense committed | ||||||
26 | within the past 5 years. |
| |||||||
| |||||||
1 | (v-2) Prior to final approval for placement of a child, | ||||||
2 | the Department shall check its child abuse and neglect | ||||||
3 | registry for information concerning prospective foster and | ||||||
4 | adoptive parents, and any adult living in the home. If any | ||||||
5 | prospective foster or adoptive parent or other adult living in | ||||||
6 | the home has resided in another state in the preceding 5 years, | ||||||
7 | the Department shall request a check of that other state's | ||||||
8 | child abuse and neglect registry. | ||||||
9 | (w) Within 120 days of August 20, 1995 (the effective date | ||||||
10 | of Public Act 89-392), the Department shall prepare and submit | ||||||
11 | to the Governor and the General Assembly, a written plan for | ||||||
12 | the development of in-state licensed secure child care | ||||||
13 | facilities that care for children who are in need of secure | ||||||
14 | living arrangements for their health, safety, and well-being. | ||||||
15 | For purposes of this subsection, secure care facility shall | ||||||
16 | mean a facility that is designed and operated to ensure that | ||||||
17 | all entrances and exits from the facility, a building or a | ||||||
18 | distinct part of the building, are under the exclusive control | ||||||
19 | of the staff of the facility, whether or not the child has the | ||||||
20 | freedom of movement within the perimeter of the facility, | ||||||
21 | building, or distinct part of the building. The plan shall | ||||||
22 | include descriptions of the types of facilities that are | ||||||
23 | needed in Illinois; the cost of developing these secure care | ||||||
24 | facilities; the estimated number of placements; the potential | ||||||
25 | cost savings resulting from the movement of children currently | ||||||
26 | out-of-state who are projected to be returned to Illinois; the |
| |||||||
| |||||||
1 | necessary geographic distribution of these facilities in | ||||||
2 | Illinois; and a proposed timetable for development of such | ||||||
3 | facilities. | ||||||
4 | (x) The Department shall conduct annual credit history | ||||||
5 | checks to determine the financial history of children placed | ||||||
6 | under its guardianship pursuant to the Juvenile Court Act of | ||||||
7 | 1987. The Department shall conduct such credit checks starting | ||||||
8 | when a youth in care turns 12 years old and each year | ||||||
9 | thereafter for the duration of the guardianship as terminated | ||||||
10 | pursuant to the Juvenile Court Act of 1987. The Department | ||||||
11 | shall determine if financial exploitation of the child's | ||||||
12 | personal information has occurred. If financial exploitation | ||||||
13 | appears to have taken place or is presently ongoing, the | ||||||
14 | Department shall notify the proper law enforcement agency, the | ||||||
15 | proper State's Attorney, or the Attorney General. | ||||||
16 | (y) Beginning on July 22, 2010 (the effective date of | ||||||
17 | Public Act 96-1189), a child with a disability who receives | ||||||
18 | residential and educational services from the Department shall | ||||||
19 | be eligible to receive transition services in accordance with | ||||||
20 | Article 14 of the School Code from the age of 14.5 through age | ||||||
21 | 21, inclusive, notwithstanding the child's residential | ||||||
22 | services arrangement. For purposes of this subsection, "child | ||||||
23 | with a disability" means a child with a disability as defined | ||||||
24 | by the federal Individuals with Disabilities Education | ||||||
25 | Improvement Act of 2004. | ||||||
26 | (z) The Department shall access criminal history record |
| |||||||
| |||||||
1 | information as defined as "background information" in this | ||||||
2 | subsection and criminal history record information as defined | ||||||
3 | in the Illinois Uniform Conviction Information Act for each | ||||||
4 | Department employee or Department applicant. Each Department | ||||||
5 | employee or Department applicant shall submit the employee's | ||||||
6 | or applicant's fingerprints to the Illinois State Police in | ||||||
7 | the form and manner prescribed by the Illinois State Police. | ||||||
8 | These fingerprints shall be checked against the fingerprint | ||||||
9 | records now and hereafter filed in the Illinois State Police | ||||||
10 | and the Federal Bureau of Investigation criminal history | ||||||
11 | records databases. The Illinois State Police shall charge a | ||||||
12 | fee for conducting the criminal history record check, which | ||||||
13 | shall be deposited into the State Police Services Fund and | ||||||
14 | shall not exceed the actual cost of the record check. The | ||||||
15 | Illinois State Police shall furnish, pursuant to positive | ||||||
16 | identification, all Illinois conviction information to the | ||||||
17 | Department of Children and Family Services. | ||||||
18 | For purposes of this subsection: | ||||||
19 | "Background information" means all of the following: | ||||||
20 | (i) Upon the request of the Department of Children and | ||||||
21 | Family Services, conviction information obtained from the | ||||||
22 | Illinois State Police as a result of a fingerprint-based | ||||||
23 | criminal history records check of the Illinois criminal | ||||||
24 | history records database and the Federal Bureau of | ||||||
25 | Investigation criminal history records database concerning | ||||||
26 | a Department employee or Department applicant. |
| |||||||
| |||||||
1 | (ii) Information obtained by the Department of | ||||||
2 | Children and Family Services after performing a check of | ||||||
3 | the Illinois State Police's Sex Offender Database, as | ||||||
4 | authorized by Section 120 of the Sex Offender Community | ||||||
5 | Notification Law, concerning a Department employee or | ||||||
6 | Department applicant. | ||||||
7 | (iii) Information obtained by the Department of | ||||||
8 | Children and Family Services after performing a check of | ||||||
9 | the Child Abuse and Neglect Tracking System (CANTS) | ||||||
10 | operated and maintained by the Department. | ||||||
11 | "Department employee" means a full-time or temporary | ||||||
12 | employee coded or certified within the State of Illinois | ||||||
13 | Personnel System. | ||||||
14 | "Department applicant" means an individual who has | ||||||
15 | conditional Department full-time or part-time work, a | ||||||
16 | contractor, an individual used to replace or supplement staff, | ||||||
17 | an academic intern, a volunteer in Department offices or on | ||||||
18 | Department contracts, a work-study student, an individual or | ||||||
19 | entity licensed by the Department, or an unlicensed service | ||||||
20 | provider who works as a condition of a contract or an agreement | ||||||
21 | and whose work may bring the unlicensed service provider into | ||||||
22 | contact with Department clients or client records. | ||||||
23 | (Source: P.A. 102-538, eff. 8-20-21; 102-558, eff. 8-20-21; | ||||||
24 | 102-1014, eff. 5-27-22; 103-22, eff. 8-8-23; 103-50, eff. | ||||||
25 | 1-1-24; 103-546, eff. 8-11-23; revised 9-25-23.)
|
| |||||||
| |||||||
1 | (20 ILCS 505/5d) | ||||||
2 | Sec. 5d. The Direct Child Welfare Service Employee License | ||||||
3 | Board. | ||||||
4 | (a) For purposes of this Section: | ||||||
5 | (1) "Board" means the Direct Child Welfare Service | ||||||
6 | Employee License Board. | ||||||
7 | (2) "Director" means the Director of Children and | ||||||
8 | Family Services. | ||||||
9 | (b) The Direct Child Welfare Service Employee License | ||||||
10 | Board is created within the Department of Children and Family | ||||||
11 | Services and shall consist of 9 members appointed by the | ||||||
12 | Director. The Director shall annually designate a chairperson | ||||||
13 | and vice-chairperson of the Board. The membership of the Board | ||||||
14 | must be composed as follows: (i) 5 licensed professionals from | ||||||
15 | the field of human services with a human services, juris | ||||||
16 | doctor, medical, public administration, or other relevant | ||||||
17 | human services degree and who are in good standing within | ||||||
18 | their profession, at least 2 of which must be employed in the | ||||||
19 | private not-for-profit sector and at least one of which in the | ||||||
20 | public sector; (ii) 2 faculty members of an accredited | ||||||
21 | university who have child welfare experience and are in good | ||||||
22 | standing within their profession ; and (iii) 2 members of the | ||||||
23 | general public who are not licensed under this Act or a similar | ||||||
24 | rule and will represent consumer interests. | ||||||
25 | In making the first appointments, the Director shall | ||||||
26 | appoint 3 members to serve for a term of one year, 3 members to |
| |||||||
| |||||||
1 | serve for a term of 2 years, and 3 members to serve for a term | ||||||
2 | of 3 years, or until their successors are appointed and | ||||||
3 | qualified. Their successors shall be appointed to serve 3-year | ||||||
4 | terms, or until their successors are appointed and qualified. | ||||||
5 | Appointments to fill unexpired vacancies shall be made in the | ||||||
6 | same manner as original appointments. No member may be | ||||||
7 | reappointed if a reappointment would cause that member to | ||||||
8 | serve on the Board for longer than 6 consecutive years. Board | ||||||
9 | membership must have reasonable representation from different | ||||||
10 | geographic areas of Illinois, and all members must be | ||||||
11 | residents of this State. | ||||||
12 | The Director may terminate the appointment of any member | ||||||
13 | for good cause, including , but not limited to : (i) unjustified | ||||||
14 | absences from Board meetings or other failure to meet Board | ||||||
15 | responsibilities, (ii) failure to recuse oneself when required | ||||||
16 | by subsection (c) of this Section or Department rule, or (iii) | ||||||
17 | failure to maintain the professional position required by | ||||||
18 | Department rule. No member of the Board may have a pending or | ||||||
19 | indicated report of child abuse or neglect or a pending | ||||||
20 | complaint or criminal conviction of any of the offenses set | ||||||
21 | forth in paragraph (b) of Section 4.2 of the Child Care Act of | ||||||
22 | 1969. | ||||||
23 | The members of the Board shall receive no compensation for | ||||||
24 | the performance of their duties as members, but each member | ||||||
25 | shall be reimbursed for the member's reasonable and necessary | ||||||
26 | expenses incurred in attending the meetings of the Board. |
| |||||||
| |||||||
1 | (c) The Board shall make recommendations to the Director | ||||||
2 | regarding licensure rules. Board members must recuse | ||||||
3 | themselves from sitting on any matter involving an employee of | ||||||
4 | a child welfare agency at which the Board member is an employee | ||||||
5 | or contractual employee. The Board shall make a final | ||||||
6 | determination concerning revocation, suspension, or | ||||||
7 | reinstatement of an employee's direct child welfare service | ||||||
8 | license after a hearing conducted under the Department's | ||||||
9 | rules. Upon notification of the manner of the vote to all the | ||||||
10 | members, votes on a final determination may be cast in person, | ||||||
11 | by telephonic or electronic means, or by mail at the | ||||||
12 | discretion of the chairperson. A simple majority of the | ||||||
13 | members appointed and serving is required when Board members | ||||||
14 | vote by mail or by telephonic or electronic means. A majority | ||||||
15 | of the currently appointed and serving Board members | ||||||
16 | constitutes a quorum. A majority of a quorum is required when a | ||||||
17 | recommendation is voted on during a Board meeting. A vacancy | ||||||
18 | in the membership of the Board shall not impair the right of a | ||||||
19 | quorum to perform all the duties of the Board. Board members | ||||||
20 | are not personally liable in any action based upon a | ||||||
21 | disciplinary proceeding or otherwise for any action taken in | ||||||
22 | good faith as a member of the Board. | ||||||
23 | (d) The Director may assign Department employees to | ||||||
24 | provide staffing services to the Board. The Department must | ||||||
25 | promulgate any rules necessary to implement and administer the | ||||||
26 | requirements of this Section. |
| |||||||
| |||||||
1 | (Source: P.A. 102-45, eff. 1-1-22; 103-22, eff. 8-8-23; | ||||||
2 | revised 9-25-23.)
| ||||||
3 | (20 ILCS 505/7.4) | ||||||
4 | Sec. 7.4. Development and preservation of sibling | ||||||
5 | relationships for children in care; placement of siblings; | ||||||
6 | contact among siblings placed apart. | ||||||
7 | (a) Purpose and policy. The General Assembly recognizes | ||||||
8 | that sibling relationships are unique and essential for a | ||||||
9 | person, but even more so for children who are removed from the | ||||||
10 | care of their families and placed in the State child welfare | ||||||
11 | system. When family separation occurs through State | ||||||
12 | intervention, every effort must be made to preserve, support , | ||||||
13 | and nurture sibling relationships when doing so is in the best | ||||||
14 | interest of each sibling. It is in the interests of foster | ||||||
15 | children who are part of a sibling group to enjoy contact with | ||||||
16 | one another, as long as the contact is in each child's best | ||||||
17 | interest. This is true both while the siblings are in State | ||||||
18 | care and after one or all of the siblings leave State care | ||||||
19 | through adoption, guardianship, or aging out. | ||||||
20 | (b) Definitions. For purposes of this Section: | ||||||
21 | (1) Whenever a best interest determination is required | ||||||
22 | by this Section, the Department shall consider the factors | ||||||
23 | set out in subsection (4.05) of Section 1-3 of the | ||||||
24 | Juvenile Court Act of 1987 and the Department's rules | ||||||
25 | regarding Sibling Placement, 89 Ill. Adm. Code 301.70 , and |
| |||||||
| |||||||
1 | Sibling Visitation, 89 Ill. Adm. Code 301.220, and the | ||||||
2 | Department's rules regarding Placement Selection Criteria, | ||||||
3 | 89 Ill. Adm. Code 301.60. | ||||||
4 | (2) "Adopted child" means a child who, immediately | ||||||
5 | preceding the adoption, was in the custody or guardianship | ||||||
6 | of the Illinois Department of Children and Family Services | ||||||
7 | under Article II of the Juvenile Court Act of 1987. | ||||||
8 | (3) "Adoptive parent" means a person who has become a | ||||||
9 | parent through the legal process of adoption. | ||||||
10 | (4) "Child" means a person in the temporary custody or | ||||||
11 | guardianship of the Department who is under the age of 21. | ||||||
12 | (5) "Child placed in private guardianship" means a | ||||||
13 | child who, immediately preceding the guardianship, was in | ||||||
14 | the custody or guardianship of the Illinois Department of | ||||||
15 | Children and Family Services under Article II of the | ||||||
16 | Juvenile Court Act of 1987 . | ||||||
17 | (6) "Contact" may include, but is not limited to , | ||||||
18 | visits, telephone calls, letters, sharing of photographs | ||||||
19 | or information, e-mails, video conferencing, and other | ||||||
20 | forms form of communication or contact. | ||||||
21 | (7) "Legal guardian" means a person who has become the | ||||||
22 | legal guardian of a child who, immediately prior to the | ||||||
23 | guardianship, was in the custody or guardianship of the | ||||||
24 | Illinois Department of Children and Family Services under | ||||||
25 | Article II of the Juvenile Court Act of 1987. | ||||||
26 | (8) "Parent" means the child's mother or father who is |
| |||||||
| |||||||
1 | named as the respondent in proceedings conducted under | ||||||
2 | Article II of the Juvenile Court Act of 1987. | ||||||
3 | (9) "Post Permanency Sibling Contact" means contact | ||||||
4 | between siblings following the entry of a Judgment Order | ||||||
5 | for Adoption under Section 14 of the Adoption Act | ||||||
6 | regarding at least one sibling or an Order for | ||||||
7 | Guardianship appointing a private guardian under Section | ||||||
8 | 2-27 of or the Juvenile Court Act of 1987, regarding at | ||||||
9 | least one sibling. Post Permanency Sibling Contact may | ||||||
10 | include, but is not limited to, visits, telephone calls, | ||||||
11 | letters, sharing of photographs or information, emails, | ||||||
12 | video conferencing, and other forms of communication or | ||||||
13 | connection agreed to by the parties to a Post Permanency | ||||||
14 | Sibling Contact Agreement. | ||||||
15 | (10) "Post Permanency Sibling Contact Agreement" means | ||||||
16 | a written agreement between the adoptive parent or | ||||||
17 | parents, the child, and the child's sibling regarding post | ||||||
18 | permanency contact between the adopted child and the | ||||||
19 | child's sibling, or a written agreement between the legal | ||||||
20 | guardians, the child, and the child's sibling regarding | ||||||
21 | post permanency contact between the child placed in | ||||||
22 | guardianship and the child's sibling. The Post Permanency | ||||||
23 | Sibling Contact Agreement may specify the nature and | ||||||
24 | frequency of contact between the adopted child or child | ||||||
25 | placed in guardianship and the child's sibling following | ||||||
26 | the entry of the Judgment Order for Adoption or Order for |
| |||||||
| |||||||
1 | Private Guardianship. The Post Permanency Sibling Contact | ||||||
2 | Agreement may be supported by services as specified in | ||||||
3 | this Section. The Post Permanency Sibling Contact | ||||||
4 | Agreement is voluntary on the part of the parties to the | ||||||
5 | Post Permanency Sibling Contact Agreement and is not a | ||||||
6 | requirement for finalization of the child's adoption or | ||||||
7 | guardianship. The Post Permanency Sibling Contract | ||||||
8 | Agreement shall not be enforceable in any court of law or | ||||||
9 | administrative forum and no cause of action shall be | ||||||
10 | brought to enforce the Agreement. When entered into, the | ||||||
11 | Post Permanency Sibling Contact Agreement shall be placed | ||||||
12 | in the child's Post Adoption or Guardianship case record | ||||||
13 | and in the case file of a sibling who is a party to the | ||||||
14 | agreement and who remains in the Department's custody or | ||||||
15 | guardianship. | ||||||
16 | (11) "Sibling Contact Support Plan" means a written | ||||||
17 | document that sets forth the plan for future contact | ||||||
18 | between siblings who are in the Department's care and | ||||||
19 | custody and residing separately. The goal of the Support | ||||||
20 | Plan is to develop or preserve and nurture the siblings' | ||||||
21 | relationships. The Support Plan shall set forth the role | ||||||
22 | of the foster parents, caregivers, and others in | ||||||
23 | implementing the Support Plan. The Support Plan must meet | ||||||
24 | the minimum standards regarding frequency of in-person | ||||||
25 | visits provided for in Department rule. | ||||||
26 | (12) "Siblings" means children who share at least one |
| |||||||
| |||||||
1 | parent in common. This definition of siblings applies | ||||||
2 | solely for purposes of placement and contact under this | ||||||
3 | Section. For purposes of this Section, children who share | ||||||
4 | at least one parent in common continue to be siblings | ||||||
5 | after their parent's parental rights are terminated, if | ||||||
6 | parental rights were terminated while a petition under | ||||||
7 | Article II of the Juvenile Court Act of 1987 was pending. | ||||||
8 | For purposes of this Section, children who share at least | ||||||
9 | one parent in common continue to be siblings after a | ||||||
10 | sibling is adopted or placed in private guardianship when | ||||||
11 | the adopted child or child placed in private guardianship | ||||||
12 | was in the Department's custody or guardianship under | ||||||
13 | Article II of the Juvenile Court Act of 1987 immediately | ||||||
14 | prior to the adoption or private guardianship. For | ||||||
15 | children who have been in the guardianship of the | ||||||
16 | Department under Article II of the Juvenile Court Act of | ||||||
17 | 1987, have been adopted, and are subsequently returned to | ||||||
18 | the temporary custody or guardianship of the Department | ||||||
19 | under Article II of the Juvenile Court Act of 1987, | ||||||
20 | "siblings" includes a person who would have been | ||||||
21 | considered a sibling prior to the adoption and siblings | ||||||
22 | through adoption. | ||||||
23 | (c) No later than January 1, 2013, the Department shall | ||||||
24 | promulgate rules addressing the development and preservation | ||||||
25 | of sibling relationships. The rules shall address, at a | ||||||
26 | minimum: |
| |||||||
| |||||||
1 | (1) Recruitment, licensing, and support of foster | ||||||
2 | parents willing and capable of either fostering sibling | ||||||
3 | groups or supporting and being actively involved in | ||||||
4 | planning and executing sibling contact for siblings placed | ||||||
5 | apart. The rules shall address training for foster | ||||||
6 | parents, licensing workers, placement workers, and others | ||||||
7 | as deemed necessary. | ||||||
8 | (2) Placement selection for children who are separated | ||||||
9 | from their siblings and how to best promote placements of | ||||||
10 | children with foster parents or programs that can meet the | ||||||
11 | children's needs, including the need to develop and | ||||||
12 | maintain contact with siblings. | ||||||
13 | (3) State-supported guidance to siblings who have aged | ||||||
14 | out of State state care regarding positive engagement with | ||||||
15 | siblings. | ||||||
16 | (4) Implementation of Post Permanency Sibling Contact | ||||||
17 | Agreements for children exiting State care, including | ||||||
18 | services offered by the Department to encourage and assist | ||||||
19 | parties in developing agreements, services offered by the | ||||||
20 | Department post permanency to support parties in | ||||||
21 | implementing and maintaining agreements, and including | ||||||
22 | services offered by the Department post permanency to | ||||||
23 | assist parties in amending agreements as necessary to meet | ||||||
24 | the needs of the children. | ||||||
25 | (5) Services offered by the Department for children | ||||||
26 | who exited foster care prior to the availability of Post |
| |||||||
| |||||||
1 | Permanency Sibling Contact Agreements, to invite willing | ||||||
2 | parties to participate in a facilitated discussion, | ||||||
3 | including, but not limited to, a mediation or joint team | ||||||
4 | decision-making meeting, to explore sibling contact. | ||||||
5 | (d) The Department shall develop a form to be provided to | ||||||
6 | youth entering care and exiting care explaining their rights | ||||||
7 | and responsibilities related to sibling visitation while in | ||||||
8 | care and post permanency. | ||||||
9 | (e) Whenever a child enters care or requires a new | ||||||
10 | placement, the Department shall consider the development and | ||||||
11 | preservation of sibling relationships. | ||||||
12 | (1) This subsection applies when a child entering care | ||||||
13 | or requiring a change of placement has siblings who are in | ||||||
14 | the custody or guardianship of the Department. When a | ||||||
15 | child enters care or requires a new placement, the | ||||||
16 | Department shall examine its files and other available | ||||||
17 | resources and determine whether a sibling of that child is | ||||||
18 | in the custody or guardianship of the Department. If the | ||||||
19 | Department determines that a sibling is in its custody or | ||||||
20 | guardianship, the Department shall then determine whether | ||||||
21 | it is in the best interests of each of the siblings for the | ||||||
22 | child needing placement to be placed with the sibling. If | ||||||
23 | the Department determines that it is in the best interest | ||||||
24 | of each sibling to be placed together, and the sibling's | ||||||
25 | foster parent is able and willing to care for the child | ||||||
26 | needing placement, the Department shall place the child |
| |||||||
| |||||||
1 | needing placement with the sibling. A determination that | ||||||
2 | it is not in a child's best interest to be placed with a | ||||||
3 | sibling shall be made in accordance with Department rules, | ||||||
4 | and documented in the file of each sibling. | ||||||
5 | (2) This subsection applies when a child who is | ||||||
6 | entering care has siblings who have been adopted or placed | ||||||
7 | in private guardianship. When a child enters care, the | ||||||
8 | Department shall examine its files and other available | ||||||
9 | resources, including consulting with the child's parents, | ||||||
10 | to determine whether a sibling of the child was adopted or | ||||||
11 | placed in private guardianship from State care. The | ||||||
12 | Department shall determine, in consultation with the | ||||||
13 | child's parents, whether it would be in the child's best | ||||||
14 | interests to explore placement with the adopted sibling or | ||||||
15 | sibling in guardianship. Unless the parent objects, if the | ||||||
16 | Department determines it is in the child's best interest | ||||||
17 | to explore the placement, the Department shall contact the | ||||||
18 | adoptive parents or guardians of the sibling, determine | ||||||
19 | whether they are willing to be considered as placement | ||||||
20 | resources for the child, and, if so, determine whether it | ||||||
21 | is in the best interests of the child to be placed in the | ||||||
22 | home with the sibling. If the Department determines that | ||||||
23 | it is in the child's best interests to be placed in the | ||||||
24 | home with the sibling, and the sibling's adoptive parents | ||||||
25 | or guardians are willing and capable, the Department shall | ||||||
26 | make the placement. A determination that it is not in a |
| |||||||
| |||||||
1 | child's best interest to be placed with a sibling shall be | ||||||
2 | made in accordance with Department rule, and documented in | ||||||
3 | the child's file. | ||||||
4 | (3) This subsection applies when a child in Department | ||||||
5 | custody or guardianship requires a change of placement, | ||||||
6 | and the child has siblings who have been adopted or placed | ||||||
7 | in private guardianship. When a child in care requires a | ||||||
8 | new placement, the Department may consider placing the | ||||||
9 | child with the adoptive parent or guardian of a sibling | ||||||
10 | under the same procedures and standards set forth in | ||||||
11 | paragraph (2) of this subsection. | ||||||
12 | (4) When the Department determines it is not in the | ||||||
13 | best interest of one or more siblings to be placed | ||||||
14 | together the Department shall ensure that the child | ||||||
15 | requiring placement is placed in a home or program where | ||||||
16 | the caregiver is willing and able to be actively involved | ||||||
17 | in supporting the sibling relationship to the extent doing | ||||||
18 | so is in the child's best interest. | ||||||
19 | (f) When siblings in care are placed in separate | ||||||
20 | placements, the Department shall develop a Sibling Contact | ||||||
21 | Support Plan. The Department shall convene a meeting to | ||||||
22 | develop the Support Plan. The meeting shall include, at a | ||||||
23 | minimum, the case managers for the siblings, the foster | ||||||
24 | parents or other care providers if a child is in a non-foster | ||||||
25 | home placement and the child, when developmentally and | ||||||
26 | clinically appropriate. The Department shall make all |
| |||||||
| |||||||
1 | reasonable efforts to promote the participation of the foster | ||||||
2 | parents. Parents whose parental rights are intact shall be | ||||||
3 | invited to the meeting. Others, such as therapists and | ||||||
4 | mentors, shall be invited as appropriate. The Support Plan | ||||||
5 | shall set forth future contact and visits between the siblings | ||||||
6 | to develop or preserve, and nurture the siblings' | ||||||
7 | relationships. The Support Plan shall set forth the role of | ||||||
8 | the foster parents and caregivers and others in implementing | ||||||
9 | the Support Plan. The Support Plan must meet the minimum | ||||||
10 | standards regarding frequency of in-person visits provided for | ||||||
11 | in Department rule. The Support Plan will be incorporated in | ||||||
12 | the child's service plan and reviewed at each administrative | ||||||
13 | case review. The Support Plan should be modified if one of the | ||||||
14 | children moves to a new placement, or as necessary to meet the | ||||||
15 | needs of the children. The Sibling Contact Support Plan for a | ||||||
16 | child in care may include siblings who are not in the care of | ||||||
17 | the Department, with the consent and participation of that | ||||||
18 | child's parent or guardian. | ||||||
19 | (g) By January 1, 2013, the Department shall develop a | ||||||
20 | registry so that placement information regarding adopted | ||||||
21 | siblings and siblings in private guardianship is readily | ||||||
22 | available to Department and private agency caseworkers | ||||||
23 | responsible for placing children in the Department's care. | ||||||
24 | When a child is adopted or placed in private guardianship from | ||||||
25 | foster care the Department shall inform the adoptive parents | ||||||
26 | or guardians that they may be contacted in the future |
| |||||||
| |||||||
1 | regarding placement of or contact with siblings subsequently | ||||||
2 | requiring placement. | ||||||
3 | (h) When a child is in need of an adoptive placement, the | ||||||
4 | Department shall examine its files and other available | ||||||
5 | resources and attempt to determine whether a sibling of the | ||||||
6 | child has been adopted or placed in private guardianship after | ||||||
7 | being in the Department's custody or guardianship. If the | ||||||
8 | Department determines that a sibling of the child has been | ||||||
9 | adopted or placed in private guardianship, the Department | ||||||
10 | shall make a good faith effort to locate the adoptive parents | ||||||
11 | or guardians of the sibling and inform them of the | ||||||
12 | availability of the child for adoption. The Department may | ||||||
13 | determine not to inform the adoptive parents or guardians of a | ||||||
14 | sibling of a child that the child is available for adoption | ||||||
15 | only for a reason permitted under criteria adopted by the | ||||||
16 | Department by rule, and documented in the child's case file. | ||||||
17 | If a child available for adoption has a sibling who has been | ||||||
18 | adopted or placed in guardianship, and the adoptive parents or | ||||||
19 | guardians of that sibling apply to adopt the child, the | ||||||
20 | Department shall consider them as adoptive applicants for the | ||||||
21 | adoption of the child. The Department's final decision as to | ||||||
22 | whether it will consent to the adoptive parents or guardians | ||||||
23 | of a sibling being the adoptive parents of the child shall be | ||||||
24 | based upon the welfare and best interest of the child. In | ||||||
25 | arriving at its decision, the Department shall consider all | ||||||
26 | relevant factors, including, but not limited to: |
| |||||||
| |||||||
1 | (1) the wishes of the child; | ||||||
2 | (2) the interaction and interrelationship of the child | ||||||
3 | with the applicant to adopt the child; | ||||||
4 | (3) the child's need for stability and continuity of | ||||||
5 | relationship with parent figures; | ||||||
6 | (4) the child's adjustment to the child's present | ||||||
7 | home, school, and community; | ||||||
8 | (5) the mental and physical health of all individuals | ||||||
9 | involved; | ||||||
10 | (6) the family ties between the child and the child's | ||||||
11 | relatives, including siblings; | ||||||
12 | (7) the background, age, and living arrangements of | ||||||
13 | the applicant to adopt the child; | ||||||
14 | (8) a criminal background report of the applicant to | ||||||
15 | adopt the child. | ||||||
16 | If placement of the child available for adoption with the | ||||||
17 | adopted sibling or sibling in private guardianship is not | ||||||
18 | feasible, but it is in the child's best interest to develop a | ||||||
19 | relationship with the child's sibling, the Department shall | ||||||
20 | invite the adoptive parents, guardian, or guardians for a | ||||||
21 | mediation or joint team decision-making meeting to facilitate | ||||||
22 | a discussion regarding future sibling contact. | ||||||
23 | (i) Post Permanency Sibling Contact Agreement. When a | ||||||
24 | child in the Department's care has a permanency goal of | ||||||
25 | adoption or private guardianship, and the Department is | ||||||
26 | preparing to finalize the adoption or guardianship, the |
| |||||||
| |||||||
1 | Department shall convene a meeting with the pre-adoptive | ||||||
2 | parent or prospective guardian and the case manager for the | ||||||
3 | child being adopted or placed in guardianship and the foster | ||||||
4 | parents and case managers for the child's siblings, and others | ||||||
5 | as applicable. The children should participate as is | ||||||
6 | developmentally appropriate. Others, such as therapists and | ||||||
7 | mentors, may participate as appropriate. At the meeting the | ||||||
8 | Department shall encourage the parties to discuss sibling | ||||||
9 | contact post permanency. The Department may assist the parties | ||||||
10 | in drafting a Post Permanency Sibling Contact Agreement. | ||||||
11 | (1) Parties to the Post Permanency Sibling Contact | ||||||
12 | Agreement shall include: | ||||||
13 | (A) The adoptive parent or parents or guardian. | ||||||
14 | (B) The child's sibling or siblings, parents , or | ||||||
15 | guardians. | ||||||
16 | (C) The child. | ||||||
17 | (2) Consent of child 14 and over. The written consent | ||||||
18 | of a child age 14 and over to the terms and conditions of | ||||||
19 | the Post Permanency Sibling Contact Agreement and | ||||||
20 | subsequent modifications is required. | ||||||
21 | (3) In developing this Agreement, the Department shall | ||||||
22 | encourage the parties to consider the following factors: | ||||||
23 | (A) the physical and emotional safety and welfare | ||||||
24 | of the child; | ||||||
25 | (B) the child's wishes; | ||||||
26 | (C) the interaction and interrelationship of the |
| |||||||
| |||||||
1 | child with the child's sibling or siblings who would | ||||||
2 | be visiting or communicating with the child, | ||||||
3 | including: | ||||||
4 | (i) the quality of the relationship between | ||||||
5 | the child and the sibling or siblings, and | ||||||
6 | (ii) the benefits and potential harms to the | ||||||
7 | child in allowing the relationship or | ||||||
8 | relationships to continue or in ending them; | ||||||
9 | (D) the child's sense of attachments to the birth | ||||||
10 | sibling or siblings and adoptive family, including: | ||||||
11 | (i) the child's sense of being valued; | ||||||
12 | (ii) the child's sense of familiarity; and | ||||||
13 | (iii) continuity of affection for the child; | ||||||
14 | and | ||||||
15 | (E) other factors relevant to the best interest of | ||||||
16 | the child. | ||||||
17 | (4) In considering the factors in paragraph (3) of | ||||||
18 | this subsection, the Department shall encourage the | ||||||
19 | parties to recognize the importance to a child of | ||||||
20 | developing a relationship with siblings including siblings | ||||||
21 | with whom the child does not yet have a relationship; and | ||||||
22 | the value of preserving family ties between the child and | ||||||
23 | the child's siblings, including: | ||||||
24 | (A) the child's need for stability and continuity | ||||||
25 | of relationships with siblings, and | ||||||
26 | (B) the importance of sibling contact in the |
| |||||||
| |||||||
1 | development of the child's identity. | ||||||
2 | (5) Modification or termination of Post Permanency | ||||||
3 | Sibling Contact Agreement. The parties to the agreement | ||||||
4 | may modify or terminate the Post Permanency Sibling | ||||||
5 | Contact Agreement. If the parties cannot agree to | ||||||
6 | modification or termination, they may request the | ||||||
7 | assistance of the Department of Children and Family | ||||||
8 | Services or another agency identified and agreed upon by | ||||||
9 | the parties to the Post Permanency Sibling Contact | ||||||
10 | Agreement. Any and all terms may be modified by agreement | ||||||
11 | of the parties. Post Permanency Sibling Contact Agreements | ||||||
12 | may also be modified to include contact with siblings | ||||||
13 | whose whereabouts were unknown or who had not yet been | ||||||
14 | born when the Judgment Order for Adoption or Order for | ||||||
15 | Private Guardianship was entered. | ||||||
16 | (6) Adoptions and private guardianships finalized | ||||||
17 | prior to August 24, 2012 ( the effective date of Public Act | ||||||
18 | 97-1076) amendatory Act . Nothing in this Section prohibits | ||||||
19 | the parties from entering into a Post Permanency Sibling | ||||||
20 | Contact Agreement if the adoption or private guardianship | ||||||
21 | was finalized prior to the effective date of this Section. | ||||||
22 | If the Agreement is completed and signed by the parties, | ||||||
23 | the Department shall include the Post Permanency Sibling | ||||||
24 | Contact Agreement in the child's Post Adoption or Private | ||||||
25 | Guardianship case record and in the case file of siblings | ||||||
26 | who are parties to the agreement who are in the |
| |||||||
| |||||||
1 | Department's custody or guardianship. | ||||||
2 | (Source: P.A. 103-22, eff. 8-8-23; 103-154, eff. 6-30-23; | ||||||
3 | revised 1-30-24.)
| ||||||
4 | (20 ILCS 505/17) (from Ch. 23, par. 5017) | ||||||
5 | Sec. 17. Youth and Community Services Program. The | ||||||
6 | Department of Human Services shall develop a State program for | ||||||
7 | youth and community services which will assure that youth who | ||||||
8 | come into contact or may come into contact with either the | ||||||
9 | child welfare system or the juvenile justice system will have | ||||||
10 | access to needed community, prevention, diversion, emergency , | ||||||
11 | and independent living services. The term "youth" means a | ||||||
12 | person under the age of 19 years. The term "homeless youth" | ||||||
13 | means a youth who cannot be reunited with the youth's family | ||||||
14 | and is not in a safe and stable living situation. This Section | ||||||
15 | shall not be construed to require the Department of Human | ||||||
16 | Services to provide services under this Section to any | ||||||
17 | homeless youth who is at least 18 years of age but is younger | ||||||
18 | than 19 years of age; however, the Department may, in its | ||||||
19 | discretion, provide services under this Section to any such | ||||||
20 | homeless youth. | ||||||
21 | (a) The goals of the program shall be to: | ||||||
22 | (1) maintain children and youths in their own | ||||||
23 | community; | ||||||
24 | (2) eliminate unnecessary categorical funding of | ||||||
25 | programs by funding more comprehensive and integrated |
| |||||||
| |||||||
1 | programs; | ||||||
2 | (3) encourage local volunteers and voluntary | ||||||
3 | associations in developing programs aimed at preventing | ||||||
4 | and controlling juvenile delinquency; | ||||||
5 | (4) address voids in services and close service gaps; | ||||||
6 | (5) develop program models aimed at strengthening the | ||||||
7 | relationships between youth and their families and aimed | ||||||
8 | at developing healthy, independent lives for homeless | ||||||
9 | youth; | ||||||
10 | (6) contain costs by redirecting funding to more | ||||||
11 | comprehensive and integrated community-based services; and | ||||||
12 | (7) coordinate education, employment, training and | ||||||
13 | other programs for youths with other State agencies. | ||||||
14 | (b) The duties of the Department under the program shall | ||||||
15 | be to: | ||||||
16 | (1) design models for service delivery by local | ||||||
17 | communities; | ||||||
18 | (2) test alternative systems for delivering youth | ||||||
19 | services; | ||||||
20 | (3) develop standards necessary to achieve and | ||||||
21 | maintain, on a statewide basis, more comprehensive and | ||||||
22 | integrated community-based youth services; | ||||||
23 | (4) monitor and provide technical assistance to local | ||||||
24 | boards and local service systems; | ||||||
25 | (5) assist local organizations in developing programs | ||||||
26 | which address the problems of youths and their families |
| |||||||
| |||||||
1 | through direct services, advocacy with institutions, and | ||||||
2 | improvement of local conditions; | ||||||
3 | (6) (blank); and | ||||||
4 | (7) establish temporary emergency placements for youth | ||||||
5 | in crisis as defined by the Children's Behavioral Health | ||||||
6 | Transformation Team through comprehensive community-based | ||||||
7 | youth services provider grants. | ||||||
8 | (A) Temporary emergency placements: | ||||||
9 | (i) must be licensed through the Department of | ||||||
10 | Children and Family Services or, in the case of a | ||||||
11 | foster home or host home, by the supervising child | ||||||
12 | welfare agency; | ||||||
13 | (ii) must be strategically situated to meet | ||||||
14 | regional need and minimize geographic disruption | ||||||
15 | in consultation with the Children's Behavioral | ||||||
16 | Health Transformation Officer and the Children's | ||||||
17 | Behavioral Health Transformation Team; and | ||||||
18 | (iii) shall include Comprehensive | ||||||
19 | Community-Based Youth Services program host homes, | ||||||
20 | foster homes, homeless youth shelters, Department | ||||||
21 | of Children and Family Services youth shelters, or | ||||||
22 | other licensed placements for minor youth | ||||||
23 | compliant with the Child Care Act of 1969 provided | ||||||
24 | under the Comprehensive Community-Based Youth | ||||||
25 | Services program. | ||||||
26 | (B) Beginning on August 11, 2023 ( the effective |
| |||||||
| |||||||
1 | date of Public Act 103-546) this amendatory Act of the | ||||||
2 | 103rd General Assembly , once sufficient capacity has | ||||||
3 | been developed, temporary emergency placements must | ||||||
4 | also include temporary emergency placement shelters | ||||||
5 | provided under the Comprehensive Community-Based Youth | ||||||
6 | Services program. Temporary emergency placement | ||||||
7 | shelters shall be managed by Comprehensive | ||||||
8 | Community-Based Youth Services provider organizations | ||||||
9 | and shall be available to house youth receiving | ||||||
10 | interim 24/7 crisis intervention services as defined | ||||||
11 | by the Juvenile Court Act of 1987 and the | ||||||
12 | Comprehensive Community-Based Youth Services program | ||||||
13 | grant and the Department, and shall provide access to | ||||||
14 | clinical supports for youth while staying at the | ||||||
15 | shelter. | ||||||
16 | (C) Comprehensive Community-Based Youth Services | ||||||
17 | organizations shall retain the sole authority to place | ||||||
18 | youth in host homes and temporary emergency placement | ||||||
19 | shelters provided under the Comprehensive | ||||||
20 | Community-Based Youth Services program. | ||||||
21 | (D) Crisis youth, as defined by the Children's | ||||||
22 | Behavioral Health Transformation Team, shall be | ||||||
23 | prioritized in temporary emergency placements. | ||||||
24 | (E) Additional placement options may be authorized | ||||||
25 | for crisis and non-crisis program youth with the | ||||||
26 | permission of the youth's parent or legal guardian. |
| |||||||
| |||||||
1 | (F) While in a temporary emergency placement, the | ||||||
2 | organization shall work with the parent, guardian, or | ||||||
3 | custodian to effectuate the youth's return home or to | ||||||
4 | an alternative long-term living arrangement. As | ||||||
5 | necessary, the agency or association shall also work | ||||||
6 | with the youth's local school district, the | ||||||
7 | Department, the Department of Human Services, the | ||||||
8 | Department of Healthcare and Family Services, and the | ||||||
9 | Department of Juvenile Justice to identify immediate | ||||||
10 | and long-term services, treatment, or placement. | ||||||
11 | Nothing in this Section shall be construed or applied in a | ||||||
12 | manner that would conflict with, diminish, or infringe upon, | ||||||
13 | any State agency's obligation to comply fully with | ||||||
14 | requirements imposed under a court order or State or federal | ||||||
15 | consent decree applicable to that agency. | ||||||
16 | (Source: P.A. 103-22, eff. 8-8-23; 103-546, eff. 8-11-23; | ||||||
17 | revised 8-28-23.)
| ||||||
18 | (20 ILCS 505/21) | ||||||
19 | Sec. 21. Investigative powers; training. | ||||||
20 | (a) To make such investigations as it may deem necessary | ||||||
21 | to the performance of its duties. | ||||||
22 | (b) In the course of any such investigation any qualified | ||||||
23 | person authorized by the Director may administer oaths and | ||||||
24 | secure by its subpoena both the attendance and testimony of | ||||||
25 | witnesses and the production of books and papers relevant to |
| |||||||
| |||||||
1 | such investigation. Any person who is served with a subpoena | ||||||
2 | by the Department to appear and testify or to produce books and | ||||||
3 | papers, in the course of an investigation authorized by law, | ||||||
4 | and who refuses or neglects to appear, or to testify, or to | ||||||
5 | produce books and papers relevant to such investigation, as | ||||||
6 | commanded in such subpoena, shall be guilty of a Class B | ||||||
7 | misdemeanor. The fees of witnesses for attendance and travel | ||||||
8 | shall be the same as the fees of witnesses before the circuit | ||||||
9 | courts of this State. Any circuit court of this State, upon | ||||||
10 | application of the person requesting the hearing or the | ||||||
11 | Department, may compel the attendance of witnesses, the | ||||||
12 | production of books and papers, and giving of testimony before | ||||||
13 | the Department or before any authorized officer or employee | ||||||
14 | thereof, by an attachment for contempt or otherwise, in the | ||||||
15 | same manner as production of evidence may be compelled before | ||||||
16 | such court. Every person who, having taken an oath or made | ||||||
17 | affirmation before the Department or any authorized officer or | ||||||
18 | employee thereof, shall willfully swear or affirm falsely, | ||||||
19 | shall be guilty of perjury and upon conviction shall be | ||||||
20 | punished accordingly. | ||||||
21 | (c) Investigations initiated under this Section shall | ||||||
22 | provide individuals due process of law, including the right to | ||||||
23 | a hearing, to cross-examine witnesses, to obtain relevant | ||||||
24 | documents, and to present evidence. Administrative findings | ||||||
25 | shall be subject to the provisions of the Administrative | ||||||
26 | Review Law. |
| |||||||
| |||||||
1 | (d) Beginning July 1, 1988, any child protective | ||||||
2 | investigator or supervisor or child welfare specialist or | ||||||
3 | supervisor employed by the Department on January 1, 1988 ( the | ||||||
4 | effective date of Public Act 85-206) this amendatory Act of | ||||||
5 | 1987 shall have completed a training program which shall be | ||||||
6 | instituted by the Department. The training program shall | ||||||
7 | include, but not be limited to, the following: (1) training in | ||||||
8 | the detection of symptoms of child neglect and drug abuse; (2) | ||||||
9 | specialized training for dealing with families and children of | ||||||
10 | drug abusers; and (3) specific training in child development, | ||||||
11 | family dynamics and interview techniques. Such program shall | ||||||
12 | conform to the criteria and curriculum developed under Section | ||||||
13 | 4 of the Child Protective Investigator and Child Welfare | ||||||
14 | Specialist Certification Act of 1987. Failure to complete such | ||||||
15 | training due to lack of opportunity provided by the Department | ||||||
16 | shall in no way be grounds for any disciplinary or other action | ||||||
17 | against an investigator or a specialist. | ||||||
18 | The Department shall develop a continuous inservice staff | ||||||
19 | development program and evaluation system. Each child | ||||||
20 | protective investigator and supervisor and child welfare | ||||||
21 | specialist and supervisor shall participate in such program | ||||||
22 | and evaluation and shall complete a minimum of 20 hours of | ||||||
23 | inservice education and training every 2 years in order to | ||||||
24 | maintain certification. | ||||||
25 | Any child protective investigator or child protective | ||||||
26 | supervisor, or child welfare specialist or child welfare |
| |||||||
| |||||||
1 | specialist supervisor hired by the Department who begins | ||||||
2 | actual employment after January 1, 1988 ( the effective date of | ||||||
3 | Public Act 85-206) this amendatory Act of 1987 , shall be | ||||||
4 | certified pursuant to the Child Protective Investigator and | ||||||
5 | Child Welfare Specialist Certification Act of 1987 before | ||||||
6 | beginning such employment. Nothing in this Act shall replace | ||||||
7 | or diminish the rights of employees under the Illinois Public | ||||||
8 | Labor Relations Act, as amended, or the National Labor | ||||||
9 | Relations Act. In the event of any conflict between either of | ||||||
10 | those Acts, or any collective bargaining agreement negotiated | ||||||
11 | thereunder, and the provisions of subsections (d) and (e), the | ||||||
12 | former shall prevail and control. | ||||||
13 | (e) The Department shall develop and implement the | ||||||
14 | following: | ||||||
15 | (1) A safety-based child welfare intervention system. | ||||||
16 | (2) Related training procedures. | ||||||
17 | (3) A standardized method for demonstration of | ||||||
18 | proficiency in application of the safety-based child | ||||||
19 | welfare intervention system. | ||||||
20 | (4) An evaluation of the reliability and validity of | ||||||
21 | the safety-based child welfare intervention system. | ||||||
22 | All child protective investigators and supervisors and child | ||||||
23 | welfare specialists and supervisors employed by the Department | ||||||
24 | or its contractors shall be required, subsequent to the | ||||||
25 | availability of training under this Act, to demonstrate | ||||||
26 | proficiency in application of the safety-based child welfare |
| |||||||
| |||||||
1 | intervention system previous to being permitted to make safety | ||||||
2 | decisions about the children for whom they are responsible. | ||||||
3 | The Department shall establish a multi-disciplinary advisory | ||||||
4 | committee appointed by the Director, including , but not | ||||||
5 | limited to , representatives from the fields of child | ||||||
6 | development, domestic violence, family systems, juvenile | ||||||
7 | justice, law enforcement, health care, mental health, | ||||||
8 | substance abuse, and social service to advise the Department | ||||||
9 | and its related contractors in the development and | ||||||
10 | implementation of the safety-based child welfare intervention | ||||||
11 | system, related training, method for demonstration of | ||||||
12 | proficiency in application of the safety-based child welfare | ||||||
13 | intervention system, and evaluation of the reliability and | ||||||
14 | validity of the safety-based child welfare intervention | ||||||
15 | system. The Department shall develop the safety-based child | ||||||
16 | welfare intervention system, training curriculum, method for | ||||||
17 | demonstration of proficiency in application of the | ||||||
18 | safety-based child welfare intervention system, and method for | ||||||
19 | evaluation of the reliability and validity of the safety-based | ||||||
20 | child welfare intervention system. Training and demonstration | ||||||
21 | of proficiency in application of the safety-based child | ||||||
22 | welfare intervention system for all child protective | ||||||
23 | investigators and supervisors and child welfare specialists | ||||||
24 | and supervisors shall be completed as soon as practicable. The | ||||||
25 | Department shall submit to the General Assembly on or before | ||||||
26 | December 31, 2026, and every year thereafter, an annual report |
| |||||||
| |||||||
1 | on the evaluation of the reliability and validity of the | ||||||
2 | safety-based child welfare intervention system. The Department | ||||||
3 | shall contract with a not-for-profit not for profit | ||||||
4 | organization with demonstrated expertise in the field of | ||||||
5 | safety-based child welfare intervention to assist in the | ||||||
6 | development and implementation of the safety-based child | ||||||
7 | welfare intervention system, related training, method for | ||||||
8 | demonstration of proficiency in application of the | ||||||
9 | safety-based child welfare intervention system, and evaluation | ||||||
10 | of the reliability and validity of the safety-based child | ||||||
11 | welfare intervention system. | ||||||
12 | (f) The Department shall provide each parent or guardian | ||||||
13 | and responsible adult caregiver participating in a safety plan | ||||||
14 | a copy of the written safety plan as signed by each parent or | ||||||
15 | guardian and responsible adult caregiver and by a | ||||||
16 | representative of the Department. The Department shall also | ||||||
17 | provide each parent or guardian and responsible adult | ||||||
18 | caregiver safety plan information on their rights and | ||||||
19 | responsibilities that shall include, but need not be limited | ||||||
20 | to, information on how to obtain medical care, emergency phone | ||||||
21 | numbers, and information on how to notify schools or day care | ||||||
22 | providers as appropriate. The Department's representative | ||||||
23 | shall ensure that the safety plan is reviewed and approved by | ||||||
24 | the child protection supervisor. | ||||||
25 | (Source: P.A. 103-22, eff. 8-8-23; 103-460, eff. 1-1-24; | ||||||
26 | revised 9-11-23.)
|
| |||||||
| |||||||
1 | Section 75. The Department of Commerce and Economic | ||||||
2 | Opportunity Law of the Civil Administrative Code of Illinois | ||||||
3 | is amended by renumbering Section 1105 as follows:
| ||||||
4 | (20 ILCS 605/605-1103) | ||||||
5 | (Section scheduled to be repealed on December 31, 2024) | ||||||
6 | Sec. 605-1103 1105 . Power price mitigation assistance. | ||||||
7 | Subject to appropriation from such funds made available, the | ||||||
8 | Department shall reimburse up to $200,000,000 to an eligible | ||||||
9 | electric utility serving adversely impacted residential and | ||||||
10 | small commercial customers pursuant to Section 16-107.7 of the | ||||||
11 | Public Utilities Act. This Section is repealed December 31, | ||||||
12 | 2024. | ||||||
13 | (Source: P.A. 102-1123, eff. 1-27-23; revised 10-18-23.)
| ||||||
14 | Section 80. The Illinois Enterprise Zone Act is amended by | ||||||
15 | changing Section 5.5 as follows:
| ||||||
16 | (20 ILCS 655/5.5) (from Ch. 67 1/2, par. 609.1) | ||||||
17 | Sec. 5.5. High Impact Business. | ||||||
18 | (a) In order to respond to unique opportunities to assist | ||||||
19 | in the encouragement, development, growth, and expansion of | ||||||
20 | the private sector through large scale investment and | ||||||
21 | development projects, the Department is authorized to receive | ||||||
22 | and approve applications for the designation of "High Impact |
| |||||||
| |||||||
1 | Businesses" in Illinois, for an initial term of 20 years with | ||||||
2 | an option for renewal for a term not to exceed 20 years, | ||||||
3 | subject to the following conditions: | ||||||
4 | (1) such applications may be submitted at any time | ||||||
5 | during the year; | ||||||
6 | (2) such business is not located, at the time of | ||||||
7 | designation, in an enterprise zone designated pursuant to | ||||||
8 | this Act; | ||||||
9 | (3) the business intends to do, commits to do, or is | ||||||
10 | one or more of the following: | ||||||
11 | (A) the business intends to make a minimum | ||||||
12 | investment of $12,000,000 which will be placed in | ||||||
13 | service in qualified property and intends to create | ||||||
14 | 500 full-time equivalent jobs at a designated location | ||||||
15 | in Illinois or intends to make a minimum investment of | ||||||
16 | $30,000,000 which will be placed in service in | ||||||
17 | qualified property and intends to retain 1,500 | ||||||
18 | full-time retained jobs at a designated location in | ||||||
19 | Illinois. The terms "placed in service" and "qualified | ||||||
20 | property" have the same meanings as described in | ||||||
21 | subsection (h) of Section 201 of the Illinois Income | ||||||
22 | Tax Act; or | ||||||
23 | (B) the business intends to establish a new | ||||||
24 | electric generating facility at a designated location | ||||||
25 | in Illinois. "New electric generating facility", for | ||||||
26 | purposes of this Section, means a newly constructed |
| |||||||
| |||||||
1 | electric generation plant or a newly constructed | ||||||
2 | generation capacity expansion at an existing electric | ||||||
3 | generation plant, including the transmission lines and | ||||||
4 | associated equipment that transfers electricity from | ||||||
5 | points of supply to points of delivery, and for which | ||||||
6 | such new foundation construction commenced not sooner | ||||||
7 | than July 1, 2001. Such facility shall be designed to | ||||||
8 | provide baseload electric generation and shall operate | ||||||
9 | on a continuous basis throughout the year; and (i) | ||||||
10 | shall have an aggregate rated generating capacity of | ||||||
11 | at least 1,000 megawatts for all new units at one site | ||||||
12 | if it uses natural gas as its primary fuel and | ||||||
13 | foundation construction of the facility is commenced | ||||||
14 | on or before December 31, 2004, or shall have an | ||||||
15 | aggregate rated generating capacity of at least 400 | ||||||
16 | megawatts for all new units at one site if it uses coal | ||||||
17 | or gases derived from coal as its primary fuel and | ||||||
18 | shall support the creation of at least 150 new | ||||||
19 | Illinois coal mining jobs, or (ii) shall be funded | ||||||
20 | through a federal Department of Energy grant before | ||||||
21 | December 31, 2010 and shall support the creation of | ||||||
22 | Illinois coal mining coal-mining jobs, or (iii) shall | ||||||
23 | use coal gasification or integrated | ||||||
24 | gasification-combined cycle units that generate | ||||||
25 | electricity or chemicals, or both, and shall support | ||||||
26 | the creation of Illinois coal mining coal-mining jobs. |
| |||||||
| |||||||
1 | The term "placed in service" has the same meaning as | ||||||
2 | described in subsection (h) of Section 201 of the | ||||||
3 | Illinois Income Tax Act; or | ||||||
4 | (B-5) the business intends to establish a new | ||||||
5 | gasification facility at a designated location in | ||||||
6 | Illinois. As used in this Section, "new gasification | ||||||
7 | facility" means a newly constructed coal gasification | ||||||
8 | facility that generates chemical feedstocks or | ||||||
9 | transportation fuels derived from coal (which may | ||||||
10 | include, but are not limited to, methane, methanol, | ||||||
11 | and nitrogen fertilizer), that supports the creation | ||||||
12 | or retention of Illinois coal mining coal-mining jobs, | ||||||
13 | and that qualifies for financial assistance from the | ||||||
14 | Department before December 31, 2010. A new | ||||||
15 | gasification facility does not include a pilot project | ||||||
16 | located within Jefferson County or within a county | ||||||
17 | adjacent to Jefferson County for synthetic natural gas | ||||||
18 | from coal; or | ||||||
19 | (C) the business intends to establish production | ||||||
20 | operations at a new coal mine, re-establish production | ||||||
21 | operations at a closed coal mine, or expand production | ||||||
22 | at an existing coal mine at a designated location in | ||||||
23 | Illinois not sooner than July 1, 2001; provided that | ||||||
24 | the production operations result in the creation of | ||||||
25 | 150 new Illinois coal mining jobs as described in | ||||||
26 | subdivision (a)(3)(B) of this Section, and further |
| |||||||
| |||||||
1 | provided that the coal extracted from such mine is | ||||||
2 | utilized as the predominant source for a new electric | ||||||
3 | generating facility. The term "placed in service" has | ||||||
4 | the same meaning as described in subsection (h) of | ||||||
5 | Section 201 of the Illinois Income Tax Act; or | ||||||
6 | (D) the business intends to construct new | ||||||
7 | transmission facilities or upgrade existing | ||||||
8 | transmission facilities at designated locations in | ||||||
9 | Illinois, for which construction commenced not sooner | ||||||
10 | than July 1, 2001. For the purposes of this Section, | ||||||
11 | "transmission facilities" means transmission lines | ||||||
12 | with a voltage rating of 115 kilovolts or above, | ||||||
13 | including associated equipment, that transfer | ||||||
14 | electricity from points of supply to points of | ||||||
15 | delivery and that transmit a majority of the | ||||||
16 | electricity generated by a new electric generating | ||||||
17 | facility designated as a High Impact Business in | ||||||
18 | accordance with this Section. The term "placed in | ||||||
19 | service" has the same meaning as described in | ||||||
20 | subsection (h) of Section 201 of the Illinois Income | ||||||
21 | Tax Act; or | ||||||
22 | (E) the business intends to establish a new wind | ||||||
23 | power facility at a designated location in Illinois. | ||||||
24 | For purposes of this Section, "new wind power | ||||||
25 | facility" means a newly constructed electric | ||||||
26 | generation facility, a newly constructed expansion of |
| |||||||
| |||||||
1 | an existing electric generation facility, or the | ||||||
2 | replacement of an existing electric generation | ||||||
3 | facility, including the demolition and removal of an | ||||||
4 | electric generation facility irrespective of whether | ||||||
5 | it will be replaced, placed in service or replaced on | ||||||
6 | or after July 1, 2009, that generates electricity | ||||||
7 | using wind energy devices, and such facility shall be | ||||||
8 | deemed to include any permanent structures associated | ||||||
9 | with the electric generation facility and all | ||||||
10 | associated transmission lines, substations, and other | ||||||
11 | equipment related to the generation of electricity | ||||||
12 | from wind energy devices. For purposes of this | ||||||
13 | Section, "wind energy device" means any device, with a | ||||||
14 | nameplate capacity of at least 0.5 megawatts, that is | ||||||
15 | used in the process of converting kinetic energy from | ||||||
16 | the wind to generate electricity; or | ||||||
17 | (E-5) the business intends to establish a new | ||||||
18 | utility-scale solar facility at a designated location | ||||||
19 | in Illinois. For purposes of this Section, "new | ||||||
20 | utility-scale solar power facility" means a newly | ||||||
21 | constructed electric generation facility, or a newly | ||||||
22 | constructed expansion of an existing electric | ||||||
23 | generation facility, placed in service on or after | ||||||
24 | July 1, 2021, that (i) generates electricity using | ||||||
25 | photovoltaic cells and (ii) has a nameplate capacity | ||||||
26 | that is greater than 5,000 kilowatts, and such |
| |||||||
| |||||||
1 | facility shall be deemed to include all associated | ||||||
2 | transmission lines, substations, energy storage | ||||||
3 | facilities, and other equipment related to the | ||||||
4 | generation and storage of electricity from | ||||||
5 | photovoltaic cells; or | ||||||
6 | (F) the business commits to (i) make a minimum | ||||||
7 | investment of $500,000,000, which will be placed in | ||||||
8 | service in a qualified property, (ii) create 125 | ||||||
9 | full-time equivalent jobs at a designated location in | ||||||
10 | Illinois, (iii) establish a fertilizer plant at a | ||||||
11 | designated location in Illinois that complies with the | ||||||
12 | set-back standards as described in Table 1: Initial | ||||||
13 | Isolation and Protective Action Distances in the 2012 | ||||||
14 | Emergency Response Guidebook published by the United | ||||||
15 | States Department of Transportation, (iv) pay a | ||||||
16 | prevailing wage for employees at that location who are | ||||||
17 | engaged in construction activities, and (v) secure an | ||||||
18 | appropriate level of general liability insurance to | ||||||
19 | protect against catastrophic failure of the fertilizer | ||||||
20 | plant or any of its constituent systems; in addition, | ||||||
21 | the business must agree to enter into a construction | ||||||
22 | project labor agreement including provisions | ||||||
23 | establishing wages, benefits, and other compensation | ||||||
24 | for employees performing work under the project labor | ||||||
25 | agreement at that location; for the purposes of this | ||||||
26 | Section, "fertilizer plant" means a newly constructed |
| |||||||
| |||||||
1 | or upgraded plant utilizing gas used in the production | ||||||
2 | of anhydrous ammonia and downstream nitrogen | ||||||
3 | fertilizer products for resale; for the purposes of | ||||||
4 | this Section, "prevailing wage" means the hourly cash | ||||||
5 | wages plus fringe benefits for training and | ||||||
6 | apprenticeship programs approved by the U.S. | ||||||
7 | Department of Labor, Bureau of Apprenticeship and | ||||||
8 | Training, health and welfare, insurance, vacations and | ||||||
9 | pensions paid generally, in the locality in which the | ||||||
10 | work is being performed, to employees engaged in work | ||||||
11 | of a similar character on public works; this paragraph | ||||||
12 | (F) applies only to businesses that submit an | ||||||
13 | application to the Department within 60 days after | ||||||
14 | July 25, 2013 (the effective date of Public Act | ||||||
15 | 98-109); or | ||||||
16 | (G) the business intends to establish a new | ||||||
17 | cultured cell material food production facility at a | ||||||
18 | designated location in Illinois. As used in this | ||||||
19 | paragraph (G): | ||||||
20 | "Cultured cell material food production facility" | ||||||
21 | means a facility (i) at which cultured animal cell | ||||||
22 | food is developed using animal cell culture | ||||||
23 | technology, (ii) at which production processes occur | ||||||
24 | that include the establishment of cell lines and cell | ||||||
25 | banks, manufacturing controls, and all components and | ||||||
26 | inputs, and (iii) that complies with all existing |
| |||||||
| |||||||
1 | registrations, inspections, licensing, and approvals | ||||||
2 | from all applicable and participating State and | ||||||
3 | federal food agencies, including the Department of | ||||||
4 | Agriculture, the Department of Public Health, and the | ||||||
5 | United States Food and Drug Administration, to ensure | ||||||
6 | that all food production is safe and lawful under | ||||||
7 | provisions of the Federal Food, Drug and Cosmetic Act | ||||||
8 | related to the development, production, and storage of | ||||||
9 | cultured animal cell food. | ||||||
10 | "New cultured cell material food production | ||||||
11 | facility" means a newly constructed cultured cell | ||||||
12 | material food production facility that is placed in | ||||||
13 | service on or after June 7, 2023 ( the effective date of | ||||||
14 | Public Act 103-9) this amendatory Act of the 103rd | ||||||
15 | General Assembly or a newly constructed expansion of | ||||||
16 | an existing cultured cell material food production | ||||||
17 | facility, in a controlled environment, when the | ||||||
18 | improvements are placed in service on or after June 7, | ||||||
19 | 2023 ( the effective date of Public Act 103-9) this | ||||||
20 | amendatory Act of the 103rd General Assembly ; or and | ||||||
21 | (H) (G) the business is an existing or planned | ||||||
22 | grocery store, as that term is defined in Section 5 of | ||||||
23 | the Grocery Initiative Act, and receives financial | ||||||
24 | support under that Act within the 10 years before | ||||||
25 | submitting its application under this Act; and | ||||||
26 | (4) no later than 90 days after an application is |
| |||||||
| |||||||
1 | submitted, the Department shall notify the applicant of | ||||||
2 | the Department's determination of the qualification of the | ||||||
3 | proposed High Impact Business under this Section. | ||||||
4 | (b) Businesses designated as High Impact Businesses | ||||||
5 | pursuant to subdivision (a)(3)(A) of this Section shall | ||||||
6 | qualify for the credits and exemptions described in the | ||||||
7 | following Acts: Section 9-222 and Section 9-222.1A of the | ||||||
8 | Public Utilities Act, subsection (h) of Section 201 of the | ||||||
9 | Illinois Income Tax Act, and Section 1d of the Retailers' | ||||||
10 | Occupation Tax Act; provided that these credits and exemptions | ||||||
11 | described in these Acts shall not be authorized until the | ||||||
12 | minimum investments set forth in subdivision (a)(3)(A) of this | ||||||
13 | Section have been placed in service in qualified properties | ||||||
14 | and, in the case of the exemptions described in the Public | ||||||
15 | Utilities Act and Section 1d of the Retailers' Occupation Tax | ||||||
16 | Act, the minimum full-time equivalent jobs or full-time | ||||||
17 | retained jobs set forth in subdivision (a)(3)(A) of this | ||||||
18 | Section have been created or retained. Businesses designated | ||||||
19 | as High Impact Businesses under this Section shall also | ||||||
20 | qualify for the exemption described in Section 5l of the | ||||||
21 | Retailers' Occupation Tax Act. The credit provided in | ||||||
22 | subsection (h) of Section 201 of the Illinois Income Tax Act | ||||||
23 | shall be applicable to investments in qualified property as | ||||||
24 | set forth in subdivision (a)(3)(A) of this Section. | ||||||
25 | (b-5) Businesses designated as High Impact Businesses | ||||||
26 | pursuant to subdivisions (a)(3)(B), (a)(3)(B-5), (a)(3)(C), |
| |||||||
| |||||||
1 | (a)(3)(D), and (a)(3)(G) , and (a)(3)(H) of this Section shall | ||||||
2 | qualify for the credits and exemptions described in the | ||||||
3 | following Acts: Section 51 of the Retailers' Occupation Tax | ||||||
4 | Act, Section 9-222 and Section 9-222.1A of the Public | ||||||
5 | Utilities Act, and subsection (h) of Section 201 of the | ||||||
6 | Illinois Income Tax Act; however, the credits and exemptions | ||||||
7 | authorized under Section 9-222 and Section 9-222.1A of the | ||||||
8 | Public Utilities Act, and subsection (h) of Section 201 of the | ||||||
9 | Illinois Income Tax Act shall not be authorized until the new | ||||||
10 | electric generating facility, the new gasification facility, | ||||||
11 | the new transmission facility, the new, expanded, or reopened | ||||||
12 | coal mine, or the new cultured cell material food production | ||||||
13 | facility, or the existing or planned grocery store is | ||||||
14 | operational, except that a new electric generating facility | ||||||
15 | whose primary fuel source is natural gas is eligible only for | ||||||
16 | the exemption under Section 5l of the Retailers' Occupation | ||||||
17 | Tax Act. | ||||||
18 | (b-6) Businesses designated as High Impact Businesses | ||||||
19 | pursuant to subdivision (a)(3)(E) or (a)(3)(E-5) of this | ||||||
20 | Section shall qualify for the exemptions described in Section | ||||||
21 | 5l of the Retailers' Occupation Tax Act; any business so | ||||||
22 | designated as a High Impact Business being, for purposes of | ||||||
23 | this Section, a "Wind Energy Business". | ||||||
24 | (b-7) Beginning on January 1, 2021, businesses designated | ||||||
25 | as High Impact Businesses by the Department shall qualify for | ||||||
26 | the High Impact Business construction jobs credit under |
| |||||||
| |||||||
1 | subsection (h-5) of Section 201 of the Illinois Income Tax Act | ||||||
2 | if the business meets the criteria set forth in subsection (i) | ||||||
3 | of this Section. The total aggregate amount of credits awarded | ||||||
4 | under the Blue Collar Jobs Act (Article 20 of Public Act 101-9) | ||||||
5 | shall not exceed $20,000,000 in any State fiscal year. | ||||||
6 | (c) High Impact Businesses located in federally designated | ||||||
7 | foreign trade zones or sub-zones are also eligible for | ||||||
8 | additional credits, exemptions and deductions as described in | ||||||
9 | the following Acts: Section 9-221 and Section 9-222.1 of the | ||||||
10 | Public Utilities Act; and subsection (g) of Section 201, and | ||||||
11 | Section 203 of the Illinois Income Tax Act. | ||||||
12 | (d) Except for businesses contemplated under subdivision | ||||||
13 | (a)(3)(E), (a)(3)(E-5), or (a)(3)(G) , or (a)(3)(H) of this | ||||||
14 | Section, existing Illinois businesses which apply for | ||||||
15 | designation as a High Impact Business must provide the | ||||||
16 | Department with the prospective plan for which 1,500 full-time | ||||||
17 | retained jobs would be eliminated in the event that the | ||||||
18 | business is not designated. | ||||||
19 | (e) Except for new businesses contemplated under | ||||||
20 | subdivision (a)(3)(E) , or subdivision (a)(3)(G) , or | ||||||
21 | subdivision (a)(3)(H) of this Section, new proposed facilities | ||||||
22 | which apply for designation as High Impact Business must | ||||||
23 | provide the Department with proof of alternative non-Illinois | ||||||
24 | sites which would receive the proposed investment and job | ||||||
25 | creation in the event that the business is not designated as a | ||||||
26 | High Impact Business. |
| |||||||
| |||||||
1 | (f) Except for businesses contemplated under subdivision | ||||||
2 | (a)(3)(E) , or subdivision (a)(3)(G) , or subdivision (a)(3)(H) | ||||||
3 | of this Section, in the event that a business is designated a | ||||||
4 | High Impact Business and it is later determined after | ||||||
5 | reasonable notice and an opportunity for a hearing as provided | ||||||
6 | under the Illinois Administrative Procedure Act, that the | ||||||
7 | business would have placed in service in qualified property | ||||||
8 | the investments and created or retained the requisite number | ||||||
9 | of jobs without the benefits of the High Impact Business | ||||||
10 | designation, the Department shall be required to immediately | ||||||
11 | revoke the designation and notify the Director of the | ||||||
12 | Department of Revenue who shall begin proceedings to recover | ||||||
13 | all wrongfully exempted State taxes with interest. The | ||||||
14 | business shall also be ineligible for all State funded | ||||||
15 | Department programs for a period of 10 years. | ||||||
16 | (g) The Department shall revoke a High Impact Business | ||||||
17 | designation if the participating business fails to comply with | ||||||
18 | the terms and conditions of the designation. | ||||||
19 | (h) Prior to designating a business, the Department shall | ||||||
20 | provide the members of the General Assembly and Commission on | ||||||
21 | Government Forecasting and Accountability with a report | ||||||
22 | setting forth the terms and conditions of the designation and | ||||||
23 | guarantees that have been received by the Department in | ||||||
24 | relation to the proposed business being designated. | ||||||
25 | (i) High Impact Business construction jobs credit. | ||||||
26 | Beginning on January 1, 2021, a High Impact Business may |
| |||||||
| |||||||
1 | receive a tax credit against the tax imposed under subsections | ||||||
2 | (a) and (b) of Section 201 of the Illinois Income Tax Act in an | ||||||
3 | amount equal to 50% of the amount of the incremental income tax | ||||||
4 | attributable to High Impact Business construction jobs credit | ||||||
5 | employees employed in the course of completing a High Impact | ||||||
6 | Business construction jobs project. However, the High Impact | ||||||
7 | Business construction jobs credit may equal 75% of the amount | ||||||
8 | of the incremental income tax attributable to High Impact | ||||||
9 | Business construction jobs credit employees if the High Impact | ||||||
10 | Business construction jobs credit project is located in an | ||||||
11 | underserved area. | ||||||
12 | The Department shall certify to the Department of Revenue: | ||||||
13 | (1) the identity of taxpayers that are eligible for the High | ||||||
14 | Impact Business construction jobs credit; and (2) the amount | ||||||
15 | of High Impact Business construction jobs credits that are | ||||||
16 | claimed pursuant to subsection (h-5) of Section 201 of the | ||||||
17 | Illinois Income Tax Act in each taxable year. Any business | ||||||
18 | entity that receives a High Impact Business construction jobs | ||||||
19 | credit shall maintain a certified payroll pursuant to | ||||||
20 | subsection (j) of this Section. | ||||||
21 | As used in this subsection (i): | ||||||
22 | "High Impact Business construction jobs credit" means an | ||||||
23 | amount equal to 50% (or 75% if the High Impact Business | ||||||
24 | construction project is located in an underserved area) of the | ||||||
25 | incremental income tax attributable to High Impact Business | ||||||
26 | construction job employees. The total aggregate amount of |
| |||||||
| |||||||
1 | credits awarded under the Blue Collar Jobs Act (Article 20 of | ||||||
2 | Public Act 101-9) shall not exceed $20,000,000 in any State | ||||||
3 | fiscal year | ||||||
4 | "High Impact Business construction job employee" means a | ||||||
5 | laborer or worker who is employed by an Illinois contractor or | ||||||
6 | subcontractor in the actual construction work on the site of a | ||||||
7 | High Impact Business construction job project. | ||||||
8 | "High Impact Business construction jobs project" means | ||||||
9 | building a structure or building or making improvements of any | ||||||
10 | kind to real property, undertaken and commissioned by a | ||||||
11 | business that was designated as a High Impact Business by the | ||||||
12 | Department. The term "High Impact Business construction jobs | ||||||
13 | project" does not include the routine operation, routine | ||||||
14 | repair, or routine maintenance of existing structures, | ||||||
15 | buildings, or real property. | ||||||
16 | "Incremental income tax" means the total amount withheld | ||||||
17 | during the taxable year from the compensation of High Impact | ||||||
18 | Business construction job employees. | ||||||
19 | "Underserved area" means a geographic area that meets one | ||||||
20 | or more of the following conditions: | ||||||
21 | (1) the area has a poverty rate of at least 20% | ||||||
22 | according to the latest American Community Survey; | ||||||
23 | (2) 35% or more of the families with children in the | ||||||
24 | area are living below 130% of the poverty line, according | ||||||
25 | to the latest American Community Survey; | ||||||
26 | (3) at least 20% of the households in the area receive |
| |||||||
| |||||||
1 | assistance under the Supplemental Nutrition Assistance | ||||||
2 | Program (SNAP); or | ||||||
3 | (4) the area has an average unemployment rate, as | ||||||
4 | determined by the Illinois Department of Employment | ||||||
5 | Security, that is more than 120% of the national | ||||||
6 | unemployment average, as determined by the U.S. Department | ||||||
7 | of Labor, for a period of at least 2 consecutive calendar | ||||||
8 | years preceding the date of the application. | ||||||
9 | (j) Each contractor and subcontractor who is engaged in | ||||||
10 | and executing a High Impact Business construction Construction | ||||||
11 | jobs project, as defined under subsection (i) of this Section, | ||||||
12 | for a business that is entitled to a credit pursuant to | ||||||
13 | subsection (i) of this Section shall: | ||||||
14 | (1) make and keep, for a period of 5 years from the | ||||||
15 | date of the last payment made on or after June 5, 2019 (the | ||||||
16 | effective date of Public Act 101-9) on a contract or | ||||||
17 | subcontract for a High Impact Business construction jobs | ||||||
18 | project Construction Jobs Project , records for all | ||||||
19 | laborers and other workers employed by the contractor or | ||||||
20 | subcontractor on the project; the records shall include: | ||||||
21 | (A) the worker's name; | ||||||
22 | (B) the worker's address; | ||||||
23 | (C) the worker's telephone number, if available; | ||||||
24 | (D) the worker's social security number; | ||||||
25 | (E) the worker's classification or | ||||||
26 | classifications; |
| |||||||
| |||||||
1 | (F) the worker's gross and net wages paid in each | ||||||
2 | pay period; | ||||||
3 | (G) the worker's number of hours worked each day; | ||||||
4 | (H) the worker's starting and ending times of work | ||||||
5 | each day; | ||||||
6 | (I) the worker's hourly wage rate; | ||||||
7 | (J) the worker's hourly overtime wage rate; | ||||||
8 | (K) the worker's race and ethnicity; and | ||||||
9 | (L) the worker's gender; | ||||||
10 | (2) no later than the 15th day of each calendar month, | ||||||
11 | provide a certified payroll for the immediately preceding | ||||||
12 | month to the taxpayer in charge of the High Impact | ||||||
13 | Business construction jobs project; within 5 business days | ||||||
14 | after receiving the certified payroll, the taxpayer shall | ||||||
15 | file the certified payroll with the Department of Labor | ||||||
16 | and the Department of Commerce and Economic Opportunity; a | ||||||
17 | certified payroll must be filed for only those calendar | ||||||
18 | months during which construction on a High Impact Business | ||||||
19 | construction jobs project has occurred; the certified | ||||||
20 | payroll shall consist of a complete copy of the records | ||||||
21 | identified in paragraph (1) of this subsection (j), but | ||||||
22 | may exclude the starting and ending times of work each | ||||||
23 | day; the certified payroll shall be accompanied by a | ||||||
24 | statement signed by the contractor or subcontractor or an | ||||||
25 | officer, employee, or agent of the contractor or | ||||||
26 | subcontractor which avers that: |
| |||||||
| |||||||
1 | (A) he or she has examined the certified payroll | ||||||
2 | records required to be submitted by the Act and such | ||||||
3 | records are true and accurate; and | ||||||
4 | (B) the contractor or subcontractor is aware that | ||||||
5 | filing a certified payroll that he or she knows to be | ||||||
6 | false is a Class A misdemeanor. | ||||||
7 | A general contractor is not prohibited from relying on a | ||||||
8 | certified payroll of a lower-tier subcontractor, provided the | ||||||
9 | general contractor does not knowingly rely upon a | ||||||
10 | subcontractor's false certification. | ||||||
11 | Any contractor or subcontractor subject to this | ||||||
12 | subsection, and any officer, employee, or agent of such | ||||||
13 | contractor or subcontractor whose duty as an officer, | ||||||
14 | employee, or agent it is to file a certified payroll under this | ||||||
15 | subsection, who willfully fails to file such a certified | ||||||
16 | payroll on or before the date such certified payroll is | ||||||
17 | required by this paragraph to be filed and any person who | ||||||
18 | willfully files a false certified payroll that is false as to | ||||||
19 | any material fact is in violation of this Act and guilty of a | ||||||
20 | Class A misdemeanor. | ||||||
21 | The taxpayer in charge of the project shall keep the | ||||||
22 | records submitted in accordance with this subsection on or | ||||||
23 | after June 5, 2019 (the effective date of Public Act 101-9) for | ||||||
24 | a period of 5 years from the date of the last payment for work | ||||||
25 | on a contract or subcontract for the High Impact Business | ||||||
26 | construction jobs project. |
| |||||||
| |||||||
1 | The records submitted in accordance with this subsection | ||||||
2 | shall be considered public records, except an employee's | ||||||
3 | address, telephone number, and social security number, and | ||||||
4 | made available in accordance with the Freedom of Information | ||||||
5 | Act. The Department of Labor shall share the information with | ||||||
6 | the Department in order to comply with the awarding of a High | ||||||
7 | Impact Business construction jobs credit. A contractor, | ||||||
8 | subcontractor, or public body may retain records required | ||||||
9 | under this Section in paper or electronic format. | ||||||
10 | (k) Upon 7 business days' notice, each contractor and | ||||||
11 | subcontractor shall make available for inspection and copying | ||||||
12 | at a location within this State during reasonable hours, the | ||||||
13 | records identified in this subsection (j) to the taxpayer in | ||||||
14 | charge of the High Impact Business construction jobs project, | ||||||
15 | its officers and agents, the Director of the Department of | ||||||
16 | Labor and his or her deputies and agents, and to federal, | ||||||
17 | State, or local law enforcement agencies and prosecutors. | ||||||
18 | (l) The changes made to this Section by Public Act | ||||||
19 | 102-1125 this amendatory Act of the 102nd General Assembly , | ||||||
20 | other than the changes in subsection (a), apply to High Impact | ||||||
21 | Businesses high impact businesses that submit applications on | ||||||
22 | or after February 3, 2023 ( the effective date of Public Act | ||||||
23 | 102-1125) this amendatory Act of the 102nd General Assembly . | ||||||
24 | (Source: P.A. 102-108, eff. 1-1-22; 102-558, eff. 8-20-21; | ||||||
25 | 102-605, eff. 8-27-21; 102-662, eff. 9-15-21; 102-673, eff. | ||||||
26 | 11-30-21; 102-813, eff. 5-13-22; 102-1125, eff. 2-3-23; 103-9, |
| |||||||
| |||||||
1 | eff. 6-7-23; 103-561, eff. 1-1-24; revised 9-27-23.)
| ||||||
2 | Section 85. The Department of Human Services Act is | ||||||
3 | amended by changing Sections 10-75 and 80-45 as follows:
| ||||||
4 | (20 ILCS 1305/10-75) | ||||||
5 | Sec. 10-75. Homelessness supports in Illinois. | ||||||
6 | (a) The Office to Prevent and End Homelessness (Office) is | ||||||
7 | created within the Department of Human Services to facilitate | ||||||
8 | the implementation of a strategic plan and initiatives aimed | ||||||
9 | at decreasing homelessness and unnecessary | ||||||
10 | institutionalization in Illinois, improving health and human | ||||||
11 | services outcomes for people who experience homelessness, and | ||||||
12 | strengthening the safety nets that contribute to housing | ||||||
13 | stability. The Office shall be led by the State Homelessness | ||||||
14 | Chief Officer who shall report to the Secretary of the | ||||||
15 | Department. The Chief Officer shall also chair the Interagency | ||||||
16 | Task Force on Homelessness, co-chair the Community Advisory | ||||||
17 | Council on Homelessness, and lead the State's comprehensive | ||||||
18 | efforts related to homelessness prevention. The Chief Officer | ||||||
19 | shall serve as a policymaker and spokesperson on homelessness | ||||||
20 | prevention, including coordinating the multi-agency effort | ||||||
21 | through legislation, rules, and budgets and communicating with | ||||||
22 | the General Assembly and federal and local leaders on these | ||||||
23 | critical issues. | ||||||
24 | (b) The Interagency Task Force on Homelessness is created |
| |||||||
| |||||||
1 | within the Department of Human Services to facilitate and | ||||||
2 | implement initiatives related to decreasing homelessness and | ||||||
3 | unnecessary institutionalization in this State, improve health | ||||||
4 | and human services outcomes for people who experience | ||||||
5 | homelessness, and strengthen the safety nets that contribute | ||||||
6 | to housing stability. The Task Force shall: | ||||||
7 | (1) Implement the State Plan which is aimed at | ||||||
8 | addressing homelessness and unnecessary | ||||||
9 | institutionalization with the goals of achieving | ||||||
10 | functional zero homelessness, improving health and human | ||||||
11 | services outcomes for people experiencing homelessness, | ||||||
12 | and strengthening the safety nets that contribute to | ||||||
13 | housing stability. | ||||||
14 | (2) Recommend policy, regulatory, and resource changes | ||||||
15 | necessary to accomplish goals and objectives laid out in | ||||||
16 | the State Plan. | ||||||
17 | (3) Serve within State government and in the State at | ||||||
18 | large as an advocate for people experiencing homelessness. | ||||||
19 | (4) Provide leadership for and collaborate with those | ||||||
20 | developing and implementing local plans to end | ||||||
21 | homelessness in Illinois, including, but not limited to, | ||||||
22 | the Community Advisory Council and its members. | ||||||
23 | (5) Recommend the resources needed for successful | ||||||
24 | implementation and oversee that implementation. | ||||||
25 | (6) Recommend and promote effective interagency | ||||||
26 | collaboration and system integration to converge related |
| |||||||
| |||||||
1 | efforts, including coordination with the Illinois Youth | ||||||
2 | Homelessness Prevention Subcommittee, the Illinois | ||||||
3 | Commission on the Elimination of Poverty, and the Illinois | ||||||
4 | Commission to End Hunger on drafting policy | ||||||
5 | recommendations related to the intersection of | ||||||
6 | homelessness and poverty. | ||||||
7 | (7) Recommend needed policy, regulatory, and resource | ||||||
8 | distribution changes; make oversight recommendations that | ||||||
9 | will ensure accountability, results, and sustained | ||||||
10 | success; and develop specific proposals and | ||||||
11 | recommendations for action to provide to the Governor and | ||||||
12 | the General Assembly. | ||||||
13 | (c) (Blank). | ||||||
14 | (d) The Task Force may solicit feedback from stakeholders, | ||||||
15 | customers, and advocates to inform Task Force recommendations | ||||||
16 | as necessary. | ||||||
17 | (e) On or before December 1, 2024, and each year | ||||||
18 | thereafter, the Task Force shall submit a report to the | ||||||
19 | Governor and General Assembly regarding the Task Force's work | ||||||
20 | during the year prior, any new recommendations developed by | ||||||
21 | the Task Force, any recommendations made by the Community | ||||||
22 | Advisory Council on Homelessness, and any key outcomes and | ||||||
23 | measures related to homelessness. | ||||||
24 | (f) The Task Force shall include the following members | ||||||
25 | appointed by the Governor: | ||||||
26 | (1) The Chief Homelessness Officer, who shall serve as |
| |||||||
| |||||||
1 | Chair. | ||||||
2 | (2) The Secretary of Human Services, or his or her | ||||||
3 | designee. | ||||||
4 | (3) The Executive Director of the Illinois Housing | ||||||
5 | Development Authority, or his or her designee. | ||||||
6 | (4) The Director of Healthcare and Family Services, or | ||||||
7 | his or her designee. | ||||||
8 | (5) The Superintendent of the State Board of | ||||||
9 | Education, or his or her designee. | ||||||
10 | (6) The Executive Director of the Board of Higher | ||||||
11 | Education, or his or her designee. | ||||||
12 | (7) The Executive Director of the Illinois Community | ||||||
13 | College Board, or his or her designee. | ||||||
14 | (8) The Director of Corrections, or his or her | ||||||
15 | designee. | ||||||
16 | (9) The Director of Veterans' Affairs, or his or her | ||||||
17 | designee. | ||||||
18 | (10) The Director of Children and Family Services, or | ||||||
19 | his or her designee. | ||||||
20 | (11) The Director of Public Health, or his or her | ||||||
21 | designee. | ||||||
22 | (12) The Director of Aging, or his or her designee. | ||||||
23 | (13) The Director of Juvenile Justice, or his or her | ||||||
24 | designee. | ||||||
25 | (14) The Director of Commerce and Economic | ||||||
26 | Opportunity, or his or her designee. |
| |||||||
| |||||||
1 | (15) The Director of Employment Security, or his or | ||||||
2 | her designee. | ||||||
3 | (16) The Director of the Illinois State Police, or his | ||||||
4 | or her designee. | ||||||
5 | (17) The Executive Director of the Illinois Criminal | ||||||
6 | Justice Information Authority, or his or her designee. | ||||||
7 | (18) The Director of the Office of Management and | ||||||
8 | Budget, or his or her designee. | ||||||
9 | (g) The Task Force shall also include the following | ||||||
10 | members: | ||||||
11 | (1) One member appointed by the President of the | ||||||
12 | Senate. | ||||||
13 | (2) One member appointed by the Minority Leader of the | ||||||
14 | Senate. | ||||||
15 | (3) One member appointed by the Speaker of the House | ||||||
16 | of Representatives. | ||||||
17 | (4) One member appointed by the Minority Leader of the | ||||||
18 | House of Representatives. | ||||||
19 | (h) The Chair of the Task Force may appoint additional | ||||||
20 | representatives from State agencies as needed. | ||||||
21 | (i) The Task Force shall meet at the call of the chair, at | ||||||
22 | least 4 times per year. Members shall serve without | ||||||
23 | compensation. | ||||||
24 | (j) The Task Force may establish subcommittees to address | ||||||
25 | specific issues or populations and may collaborate with | ||||||
26 | individuals with relevant expertise who are not members of the |
| |||||||
| |||||||
1 | Task Force to assist the subcommittee in carrying out its | ||||||
2 | duties. | ||||||
3 | (k) The Department of Human Services shall provide | ||||||
4 | administrative support to the Task Force. | ||||||
5 | (l) Nothing in this Act shall be construed to contravene | ||||||
6 | any federal or State law or regulation. Unless specifically | ||||||
7 | referenced in this Act, nothing in this Act shall affect or | ||||||
8 | alter the existing statutory powers of any State agency or be | ||||||
9 | construed as a reassignment or reorganization of any State | ||||||
10 | agency. | ||||||
11 | (m) Community Advisory Council. The Community Advisory | ||||||
12 | Council on Homelessness is created within the Department of | ||||||
13 | Human Services to make recommendations to the Interagency Task | ||||||
14 | Force on Homelessness regarding homelessness and unnecessary | ||||||
15 | institutionalization with the goals of achieving functional | ||||||
16 | zero homelessness, improving health and human services | ||||||
17 | outcomes for people experiencing homelessness and | ||||||
18 | strengthening the safety nets that contribute to housing | ||||||
19 | stability. | ||||||
20 | (1) The Advisory Council shall be co-chaired by the | ||||||
21 | Chief Homelessness Officer and a member of the Advisory | ||||||
22 | Council designated by the Governor. The Advisory Council | ||||||
23 | shall consist of all of the following members appointed by | ||||||
24 | the Governor. Members appointed to the Advisory Council | ||||||
25 | must reflect the racial, ethnic, and geographic diversity | ||||||
26 | of this State. The Chief may include any State agency |
| |||||||
| |||||||
1 | staff that they deem necessary as ex officio, nonvoting | ||||||
2 | members of the Community Advisory Council. | ||||||
3 | (A) Three members with lived experience of | ||||||
4 | homelessness or housing insecurity, which may include, | ||||||
5 | but are not limited to, formerly incarcerated persons, | ||||||
6 | veterans, and youth (16 to 25 years old). | ||||||
7 | (B) One member representing individuals with | ||||||
8 | disabilities. | ||||||
9 | (C) Two members representing the philanthropic | ||||||
10 | private funding sector. | ||||||
11 | (D) One member representing a statewide behavioral | ||||||
12 | health advocacy organization. | ||||||
13 | (E) One member representing a statewide housing | ||||||
14 | advocacy organization. | ||||||
15 | (F) At least 2 members representing local | ||||||
16 | Continuums of Care. | ||||||
17 | (G) At least 3 members representing local units of | ||||||
18 | government (municipal, county, or township). | ||||||
19 | (H) One member representing an organization that | ||||||
20 | supports victims of domestic violence. | ||||||
21 | (I) A minimum of 4 members representing providers | ||||||
22 | of the homeless response system inclusive of, but not | ||||||
23 | limited to, emergency supportive housing, rapid | ||||||
24 | rehousing, permanent supportive housing, homeless | ||||||
25 | youth programs, and homeless prevention. | ||||||
26 | (J) Two members, who may or may not meet the |
| |||||||
| |||||||
1 | qualification requirements for the other appointees. | ||||||
2 | The Advisory Council shall meet at least 4 times per year. | ||||||
3 | (2) Members shall serve without compensation, but | ||||||
4 | public members may be reimbursed for reasonable and | ||||||
5 | necessary travel expenses connected to Task Force | ||||||
6 | business. Persons with lived experience of homelessness | ||||||
7 | and housing insecurity, who are not otherwise compensated | ||||||
8 | by employers to attend the Community Advisory Council, | ||||||
9 | shall receive compensation for each quarterly Council | ||||||
10 | meeting attended. | ||||||
11 | (3) The meetings of the Advisory Council shall be | ||||||
12 | conducted in accordance with the provisions of Section 2 | ||||||
13 | of the Open Meetings Act. The Department of Human Services | ||||||
14 | shall provide staff and administrative support to assist | ||||||
15 | the Advisory Council in carrying out its duties. | ||||||
16 | (4) Nothing in this Act shall be construed to | ||||||
17 | contravene any federal or State law or regulation. Unless | ||||||
18 | specifically referenced in this Act, nothing in this Act | ||||||
19 | shall affect or alter the existing statutory powers of any | ||||||
20 | State agency or be construed as a reassignment or | ||||||
21 | reorganization of any State agency. | ||||||
22 | (5) On or before November 15, 2023, and each year | ||||||
23 | thereafter, the Advisory Council shall submit | ||||||
24 | recommendations to the Interagency Task Force on | ||||||
25 | Homelessness. | ||||||
26 | (Source: P.A. 103-269, eff. 7-26-23; revised 1-20-24.)
|
| |||||||
| |||||||
1 | (20 ILCS 1305/80-45) | ||||||
2 | Sec. 80-45. Funding agent and administration. | ||||||
3 | (a) The Department shall act as funding agent under the | ||||||
4 | terms of the Illinois Affordable Housing Act and shall | ||||||
5 | administer other appropriations for the use of the Illinois | ||||||
6 | Housing Development Authority. | ||||||
7 | (b) The Department may enter into contracts, | ||||||
8 | intergovernmental agreements, grants, cooperative agreements, | ||||||
9 | memoranda of understanding, or other instruments with any | ||||||
10 | federal, State, or local government agency as necessary to | ||||||
11 | fulfill its role as funding agent in compliance with State and | ||||||
12 | federal law. The Department and the Department of Revenue | ||||||
13 | shall coordinate, in consultation with the Illinois Housing | ||||||
14 | Development Authority, the transition of the funding agent | ||||||
15 | role, including the transfer of any and all books, records, or | ||||||
16 | documents, in whatever form stored, necessary to the | ||||||
17 | Department's execution of the duties of the funding agent, and | ||||||
18 | the Department may submit to the Governor's Office of | ||||||
19 | Management and Budget requests for exception pursuant to | ||||||
20 | Section 55 of the Grant Accountability and Transparency Act. | ||||||
21 | Notwithstanding Section 5 of the Illinois Grant Funds Recovery | ||||||
22 | Act, for State fiscal years 2023 and 2024 only, in order to | ||||||
23 | accomplish the transition of the funding agent role to the | ||||||
24 | Department, grant funds may be made available for expenditure | ||||||
25 | by a grantee for a period of 3 years from the date the funds |
| |||||||
| |||||||
1 | were distributed by the State. | ||||||
2 | (Source: P.A. 103-8, eff. 7-1-23; revised 9-25-23.)
| ||||||
3 | Section 90. The Department of Innovation and Technology | ||||||
4 | Act is amended by changing Section 1-80 as follows:
| ||||||
5 | (20 ILCS 1370/1-80) | ||||||
6 | Sec. 1-80. Generative AI and Natural Language Processing | ||||||
7 | Task Force. | ||||||
8 | (a) As used in this Section, "Task Force" means the | ||||||
9 | Generative AI and Natural Language Processing Task Force | ||||||
10 | established by this Section. | ||||||
11 | (b) The Department shall establish the Generative AI and | ||||||
12 | Natural Language Processing Task Force. The Task Force shall | ||||||
13 | investigate and provide a report on generative artificial | ||||||
14 | intelligence software and natural language processing | ||||||
15 | software. | ||||||
16 | (c) The Task Force shall be composed of all of the | ||||||
17 | following members: | ||||||
18 | (1) One member appointed by the Speaker of the House | ||||||
19 | of Representatives, who shall serve as a co-chairperson. | ||||||
20 | (2) One member appointed by the Minority Leader of the | ||||||
21 | House of Representatives. | ||||||
22 | (3) One member appointed by the President of the | ||||||
23 | Senate, who shall serve as a co-chairperson. | ||||||
24 | (4) One member appointed by the Minority Leader of the |
| |||||||
| |||||||
1 | Senate. | ||||||
2 | (5) The Secretary of the Department of Innovation and | ||||||
3 | Technology or his or her designee. | ||||||
4 | (6) The State Superintendent of Education or his or | ||||||
5 | her designee. | ||||||
6 | (7) The Executive Director of the Illinois Community | ||||||
7 | College Board or his or her designee. | ||||||
8 | (8) The Executive Director of the Board of Higher | ||||||
9 | Education or his or her designee. | ||||||
10 | (9) Two teachers recommended by a statewide | ||||||
11 | association representing teachers, appointed by the | ||||||
12 | Governor. | ||||||
13 | (10) Two principals recommended by a statewide | ||||||
14 | principals association, appointed by the Governor. | ||||||
15 | (11) Two experts on cybersecurity, appointed by the | ||||||
16 | Governor. | ||||||
17 | (12) Two experts on artificial intelligence, appointed | ||||||
18 | by the Governor. | ||||||
19 | (13) Two members of statewide business associations, | ||||||
20 | appointed by the Governor. | ||||||
21 | (14) The Statewide Chief Information Security Officer | ||||||
22 | or his or her designee. | ||||||
23 | (15) Two members of statewide labor associations, | ||||||
24 | appointed by the Governor. | ||||||
25 | (16) The Attorney General or his or her designee. | ||||||
26 | (d) The Task Force shall hold at least 5 public meetings in |
| |||||||
| |||||||
1 | a hybrid format, with both virtual and in-person options to | ||||||
2 | attend. Of those required 5 meetings, one shall be held in each | ||||||
3 | of the following locations: | ||||||
4 | (1) Chicago; | ||||||
5 | (2) Springfield; | ||||||
6 | (3) the Metro East region; | ||||||
7 | (4) the Quad Cities region; and | ||||||
8 | (5) Southern Illinois. | ||||||
9 | (e) The responsibilities of the Task Force shall include | ||||||
10 | all of the following: | ||||||
11 | (1) recommending legislation or regulations to protect | ||||||
12 | consumer information as it relates to generative | ||||||
13 | artificial intelligence; | ||||||
14 | (2) recommending model policies for schools to address | ||||||
15 | the use of generative artificial intelligence by students | ||||||
16 | in the classroom; | ||||||
17 | (3) assessing the use of generative artificial | ||||||
18 | intelligence to improve delivery of public services; | ||||||
19 | (4) (5) protecting civil rights and civil liberties of | ||||||
20 | individuals and consumers as it relates to generative | ||||||
21 | artificial intelligence; | ||||||
22 | (5) (6) assessing the use of generative artificial | ||||||
23 | intelligence in the workforce and how this could affect | ||||||
24 | employment levels, types of employment, and the deployment | ||||||
25 | of workers; | ||||||
26 | (6) (7) assessing the challenges of generative |
| |||||||
| |||||||
1 | artificial intelligence for cybersecurity; and | ||||||
2 | (7) (8) other topics related to generative artificial | ||||||
3 | intelligence software and natural language processing | ||||||
4 | software that may arise from testimony or reports to the | ||||||
5 | Task Force submitted by its members or the public. | ||||||
6 | (f) The Department shall provide administrative and | ||||||
7 | technical support to the Task Force. | ||||||
8 | (g) The Task Force shall file a report by December 31, 2024 | ||||||
9 | with the Governor and the General Assembly covering the Task | ||||||
10 | Force's investigation into generative artificial intelligence | ||||||
11 | software and natural language processing software and the Task | ||||||
12 | Force's responsibilities under subsection (e). | ||||||
13 | (Source: P.A. 103-451, eff. 8-4-23; revised 11-1-23.)
| ||||||
14 | Section 95. The Department of Insurance Law of the Civil | ||||||
15 | Administrative Code of Illinois is amended by setting forth | ||||||
16 | and renumbering multiple versions of Section 1405-50 as | ||||||
17 | follows:
| ||||||
18 | (20 ILCS 1405/1405-50) | ||||||
19 | Sec. 1405-50. Marketplace Director of the Illinois Health | ||||||
20 | Benefits Exchange. The Governor shall appoint, with the advice | ||||||
21 | and consent of the Senate, a person within the Department of | ||||||
22 | Insurance to serve as the Marketplace Director of the Illinois | ||||||
23 | Health Benefits Exchange. The Governor may make a temporary | ||||||
24 | appointment until the next meeting of the Senate. This person |
| |||||||
| |||||||
1 | may be an existing employee with other duties. The Marketplace | ||||||
2 | Director shall receive an annual salary as set by the Governor | ||||||
3 | and shall be paid out of the appropriations to the Department. | ||||||
4 | The Marketplace Director shall not be subject to the Personnel | ||||||
5 | Code. The Marketplace Director, under the direction of the | ||||||
6 | Director, shall manage the operations and staff of the | ||||||
7 | Illinois Health Benefits Exchange to ensure optimal exchange | ||||||
8 | performance. | ||||||
9 | (Source: P.A. 103-103, eff. 6-27-23.)
| ||||||
10 | (20 ILCS 1405/1405-51) | ||||||
11 | Sec. 1405-51 1405-50 . Health insurance coverage, | ||||||
12 | affordability, and cost transparency annual report. | ||||||
13 | (a) On or before May 1, 2026, and each May 1 thereafter, | ||||||
14 | the Department of Insurance shall report to the Governor and | ||||||
15 | the General Assembly on health insurance coverage, | ||||||
16 | affordability, and cost trends, including: | ||||||
17 | (1) medical cost trends by major service category, | ||||||
18 | including prescription drugs; | ||||||
19 | (2) utilization patterns of services by major service | ||||||
20 | categories; | ||||||
21 | (3) impact of benefit changes, including essential | ||||||
22 | health benefits and non-essential health benefits; | ||||||
23 | (4) enrollment trends; | ||||||
24 | (5) demographic shifts; | ||||||
25 | (6) geographic factors and variations, including |
| |||||||
| |||||||
1 | changes in provider availability; | ||||||
2 | (7) health care quality improvement initiatives; | ||||||
3 | (8) inflation and other factors impacting this State's | ||||||
4 | economic condition; | ||||||
5 | (9) the availability of financial assistance and tax | ||||||
6 | credits to pay for health insurance coverage for | ||||||
7 | individuals and small businesses; | ||||||
8 | (10) trends in out-of-pocket costs for consumers; and | ||||||
9 | (11) factors contributing to costs that are not | ||||||
10 | otherwise specified in paragraphs (1) through (10) of this | ||||||
11 | subsection. | ||||||
12 | (b) This report shall not attribute any information or | ||||||
13 | trend to a specific company and shall not disclose any | ||||||
14 | information otherwise considered confidential or proprietary. | ||||||
15 | (Source: P.A. 103-106, eff. 1-1-24; revised 12-19-23.)
| ||||||
16 | Section 100. The Department of Professional Regulation Law | ||||||
17 | of the Civil Administrative Code of Illinois is amended by | ||||||
18 | changing Section 2105-15 and by setting forth and renumbering | ||||||
19 | multiple versions of Section 2105-370 as follows:
| ||||||
20 | (20 ILCS 2105/2105-15) | ||||||
21 | Sec. 2105-15. General powers and duties. | ||||||
22 | (a) The Department has, subject to the provisions of the | ||||||
23 | Civil Administrative Code of Illinois, the following powers | ||||||
24 | and duties: |
| |||||||
| |||||||
1 | (1) To authorize examinations in English to ascertain | ||||||
2 | the qualifications and fitness of applicants to exercise | ||||||
3 | the profession, trade, or occupation for which the | ||||||
4 | examination is held. | ||||||
5 | (2) To prescribe rules and regulations for a fair and | ||||||
6 | wholly impartial method of examination of candidates to | ||||||
7 | exercise the respective professions, trades, or | ||||||
8 | occupations. | ||||||
9 | (3) To pass upon the qualifications of applicants for | ||||||
10 | licenses, certificates, and authorities, whether by | ||||||
11 | examination, by reciprocity, or by endorsement. | ||||||
12 | (4) To prescribe rules and regulations defining, for | ||||||
13 | the respective professions, trades, and occupations, what | ||||||
14 | shall constitute a school, college, or university, or | ||||||
15 | department of a university, or other institution, | ||||||
16 | reputable and in good standing, and to determine the | ||||||
17 | reputability and good standing of a school, college, or | ||||||
18 | university, or department of a university, or other | ||||||
19 | institution, reputable and in good standing, by reference | ||||||
20 | to a compliance with those rules and regulations; | ||||||
21 | provided, that no school, college, or university, or | ||||||
22 | department of a university, or other institution that | ||||||
23 | refuses admittance to applicants solely on account of | ||||||
24 | race, color, creed, sex, sexual orientation, or national | ||||||
25 | origin shall be considered reputable and in good standing. | ||||||
26 | (5) To conduct hearings on proceedings to revoke, |
| |||||||
| |||||||
1 | suspend, refuse to renew, place on probationary status, or | ||||||
2 | take other disciplinary action as authorized in any | ||||||
3 | licensing Act administered by the Department with regard | ||||||
4 | to licenses, certificates, or authorities of persons | ||||||
5 | exercising the respective professions, trades, or | ||||||
6 | occupations and to revoke, suspend, refuse to renew, place | ||||||
7 | on probationary status, or take other disciplinary action | ||||||
8 | as authorized in any licensing Act administered by the | ||||||
9 | Department with regard to those licenses, certificates, or | ||||||
10 | authorities. | ||||||
11 | The Department shall issue a monthly disciplinary | ||||||
12 | report. | ||||||
13 | The Department shall refuse to issue or renew a | ||||||
14 | license to, or shall suspend or revoke a license of, any | ||||||
15 | person who, after receiving notice, fails to comply with a | ||||||
16 | subpoena or warrant relating to a paternity or child | ||||||
17 | support proceeding. However, the Department may issue a | ||||||
18 | license or renewal upon compliance with the subpoena or | ||||||
19 | warrant. | ||||||
20 | The Department, without further process or hearings, | ||||||
21 | shall revoke, suspend, or deny any license or renewal | ||||||
22 | authorized by the Civil Administrative Code of Illinois to | ||||||
23 | a person who is certified by the Department of Healthcare | ||||||
24 | and Family Services (formerly Illinois Department of | ||||||
25 | Public Aid) as being more than 30 days delinquent in | ||||||
26 | complying with a child support order or who is certified |
| |||||||
| |||||||
1 | by a court as being in violation of the Non-Support | ||||||
2 | Punishment Act for more than 60 days. The Department may, | ||||||
3 | however, issue a license or renewal if the person has | ||||||
4 | established a satisfactory repayment record as determined | ||||||
5 | by the Department of Healthcare and Family Services | ||||||
6 | (formerly Illinois Department of Public Aid) or if the | ||||||
7 | person is determined by the court to be in compliance with | ||||||
8 | the Non-Support Punishment Act. The Department may | ||||||
9 | implement this paragraph as added by Public Act 89-6 | ||||||
10 | through the use of emergency rules in accordance with | ||||||
11 | Section 5-45 of the Illinois Administrative Procedure Act. | ||||||
12 | For purposes of the Illinois Administrative Procedure Act, | ||||||
13 | the adoption of rules to implement this paragraph shall be | ||||||
14 | considered an emergency and necessary for the public | ||||||
15 | interest, safety, and welfare. | ||||||
16 | (6) To transfer jurisdiction of any realty under the | ||||||
17 | control of the Department to any other department of the | ||||||
18 | State Government or to acquire or accept federal lands | ||||||
19 | when the transfer, acquisition, or acceptance is | ||||||
20 | advantageous to the State and is approved in writing by | ||||||
21 | the Governor. | ||||||
22 | (7) To formulate rules and regulations necessary for | ||||||
23 | the enforcement of any Act administered by the Department. | ||||||
24 | (8) To exchange with the Department of Healthcare and | ||||||
25 | Family Services information that may be necessary for the | ||||||
26 | enforcement of child support orders entered pursuant to |
| |||||||
| |||||||
1 | the Illinois Public Aid Code, the Illinois Marriage and | ||||||
2 | Dissolution of Marriage Act, the Non-Support of Spouse and | ||||||
3 | Children Act, the Non-Support Punishment Act, the Revised | ||||||
4 | Uniform Reciprocal Enforcement of Support Act, the Uniform | ||||||
5 | Interstate Family Support Act, the Illinois Parentage Act | ||||||
6 | of 1984, or the Illinois Parentage Act of 2015. | ||||||
7 | Notwithstanding any provisions in this Code to the | ||||||
8 | contrary, the Department of Financial and Professional | ||||||
9 | Regulation shall not be liable under any federal or State | ||||||
10 | law to any person for any disclosure of information to the | ||||||
11 | Department of Healthcare and Family Services (formerly | ||||||
12 | Illinois Department of Public Aid) under this paragraph | ||||||
13 | (8) or for any other action taken in good faith to comply | ||||||
14 | with the requirements of this paragraph (8). | ||||||
15 | (8.3) To exchange information with the Department of | ||||||
16 | Human Rights regarding recommendations received under | ||||||
17 | paragraph (B) of Section 8-109 of the Illinois Human | ||||||
18 | Rights Act regarding a licensee or candidate for licensure | ||||||
19 | who has committed a civil rights violation that may lead | ||||||
20 | to the refusal, suspension, or revocation of a license | ||||||
21 | from the Department. | ||||||
22 | (8.5) To accept continuing education credit for | ||||||
23 | mandated reporter training on how to recognize and report | ||||||
24 | child abuse offered by the Department of Children and | ||||||
25 | Family Services and completed by any person who holds a | ||||||
26 | professional license issued by the Department and who is a |
| |||||||
| |||||||
1 | mandated reporter under the Abused and Neglected Child | ||||||
2 | Reporting Act. The Department shall adopt any rules | ||||||
3 | necessary to implement this paragraph. | ||||||
4 | (9) To perform other duties prescribed by law. | ||||||
5 | (a-5) Except in cases involving delinquency in complying | ||||||
6 | with a child support order or violation of the Non-Support | ||||||
7 | Punishment Act and notwithstanding anything that may appear in | ||||||
8 | any individual licensing Act or administrative rule, no person | ||||||
9 | or entity whose license, certificate, or authority has been | ||||||
10 | revoked as authorized in any licensing Act administered by the | ||||||
11 | Department may apply for restoration of that license, | ||||||
12 | certification, or authority until 3 years after the effective | ||||||
13 | date of the revocation. | ||||||
14 | (b) (Blank). | ||||||
15 | (c) For the purpose of securing and preparing evidence, | ||||||
16 | and for the purchase of controlled substances, professional | ||||||
17 | services, and equipment necessary for enforcement activities, | ||||||
18 | recoupment of investigative costs, and other activities | ||||||
19 | directed at suppressing the misuse and abuse of controlled | ||||||
20 | substances, including those activities set forth in Sections | ||||||
21 | 504 and 508 of the Illinois Controlled Substances Act, the | ||||||
22 | Director and agents appointed and authorized by the Director | ||||||
23 | may expend sums from the Professional Regulation Evidence Fund | ||||||
24 | that the Director deems necessary from the amounts | ||||||
25 | appropriated for that purpose. Those sums may be advanced to | ||||||
26 | the agent when the Director deems that procedure to be in the |
| |||||||
| |||||||
1 | public interest. Sums for the purchase of controlled | ||||||
2 | substances, professional services, and equipment necessary for | ||||||
3 | enforcement activities and other activities as set forth in | ||||||
4 | this Section shall be advanced to the agent who is to make the | ||||||
5 | purchase from the Professional Regulation Evidence Fund on | ||||||
6 | vouchers signed by the Director. The Director and those agents | ||||||
7 | are authorized to maintain one or more commercial checking | ||||||
8 | accounts with any State banking corporation or corporations | ||||||
9 | organized under or subject to the Illinois Banking Act for the | ||||||
10 | deposit and withdrawal of moneys to be used for the purposes | ||||||
11 | set forth in this Section; provided, that no check may be | ||||||
12 | written nor any withdrawal made from any such account except | ||||||
13 | upon the written signatures of 2 persons designated by the | ||||||
14 | Director to write those checks and make those withdrawals. | ||||||
15 | Vouchers for those expenditures must be signed by the | ||||||
16 | Director. All such expenditures shall be audited by the | ||||||
17 | Director, and the audit shall be submitted to the Department | ||||||
18 | of Central Management Services for approval. | ||||||
19 | (d) Whenever the Department is authorized or required by | ||||||
20 | law to consider some aspect of criminal history record | ||||||
21 | information for the purpose of carrying out its statutory | ||||||
22 | powers and responsibilities, then, upon request and payment of | ||||||
23 | fees in conformance with the requirements of Section 2605-400 | ||||||
24 | of the Illinois State Police Law, the Illinois State Police is | ||||||
25 | authorized to furnish, pursuant to positive identification, | ||||||
26 | the information contained in State files that is necessary to |
| |||||||
| |||||||
1 | fulfill the request. | ||||||
2 | (e) The provisions of this Section do not apply to private | ||||||
3 | business and vocational schools as defined by Section 15 of | ||||||
4 | the Private Business and Vocational Schools Act of 2012. | ||||||
5 | (f) (Blank). | ||||||
6 | (f-5) Notwithstanding anything that may appear in any | ||||||
7 | individual licensing statute or administrative rule, the | ||||||
8 | Department shall allow an applicant to provide his or her | ||||||
9 | individual taxpayer identification number as an alternative to | ||||||
10 | providing a social security number when applying for a | ||||||
11 | license. | ||||||
12 | (g) Notwithstanding anything that may appear in any | ||||||
13 | individual licensing statute or administrative rule, the | ||||||
14 | Department shall deny any license application or renewal | ||||||
15 | authorized under any licensing Act administered by the | ||||||
16 | Department to any person who has failed to file a return, or to | ||||||
17 | pay the tax, penalty, or interest shown in a filed return, or | ||||||
18 | to pay any final assessment of tax, penalty, or interest, as | ||||||
19 | required by any tax Act administered by the Illinois | ||||||
20 | Department of Revenue, until such time as the requirement of | ||||||
21 | any such tax Act are satisfied; however, the Department may | ||||||
22 | issue a license or renewal if the person has established a | ||||||
23 | satisfactory repayment record as determined by the Illinois | ||||||
24 | Department of Revenue. For the purpose of this Section, | ||||||
25 | "satisfactory repayment record" shall be defined by rule. | ||||||
26 | In addition, a complaint filed with the Department by the |
| |||||||
| |||||||
1 | Illinois Department of Revenue that includes a certification, | ||||||
2 | signed by its Director or designee, attesting to the amount of | ||||||
3 | the unpaid tax liability or the years for which a return was | ||||||
4 | not filed, or both, is prima facie evidence of the licensee's | ||||||
5 | failure to comply with the tax laws administered by the | ||||||
6 | Illinois Department of Revenue. Upon receipt of that | ||||||
7 | certification, the Department shall, without a hearing, | ||||||
8 | immediately suspend all licenses held by the licensee. | ||||||
9 | Enforcement of the Department's order shall be stayed for 60 | ||||||
10 | days. The Department shall provide notice of the suspension to | ||||||
11 | the licensee by mailing a copy of the Department's order to the | ||||||
12 | licensee's address of record or emailing a copy of the order to | ||||||
13 | the licensee's email address of record. The notice shall | ||||||
14 | advise the licensee that the suspension shall be effective 60 | ||||||
15 | days after the issuance of the Department's order unless the | ||||||
16 | Department receives, from the licensee, a request for a | ||||||
17 | hearing before the Department to dispute the matters contained | ||||||
18 | in the order. | ||||||
19 | Any suspension imposed under this subsection (g) shall be | ||||||
20 | terminated by the Department upon notification from the | ||||||
21 | Illinois Department of Revenue that the licensee is in | ||||||
22 | compliance with all tax laws administered by the Illinois | ||||||
23 | Department of Revenue. | ||||||
24 | The Department may promulgate rules for the administration | ||||||
25 | of this subsection (g). | ||||||
26 | (g-5) Notwithstanding anything that may appear in any |
| |||||||
| |||||||
1 | individual licensing statute or administrative rule, the | ||||||
2 | Department shall refuse the issuance or renewal of a license | ||||||
3 | to, or suspend or revoke the license of, any individual, | ||||||
4 | corporation, partnership, or other business entity that has | ||||||
5 | been found by the Illinois Workers' Compensation Commission or | ||||||
6 | the Department of Insurance to have failed to (i) secure | ||||||
7 | workers' compensation obligations in the manner required by | ||||||
8 | subsections (a) and (b) of Section 4 of the Workers' | ||||||
9 | Compensation Act, (ii) pay in full a fine or penalty imposed | ||||||
10 | due to a failure to secure workers' compensation obligations | ||||||
11 | in the manner required by subsections (a) and (b) of Section 4 | ||||||
12 | of the Workers' Compensation Act, or (iii) fulfill all | ||||||
13 | obligations assumed pursuant to a settlement reached with the | ||||||
14 | Illinois Workers' Compensation Commission or the Department of | ||||||
15 | Insurance relating to a failure to secure workers' | ||||||
16 | compensation obligations in the manner required by subsections | ||||||
17 | (a) and (b) of Section 4 of the Workers' Compensation Act. No | ||||||
18 | initial or renewal license shall be issued, and no suspended | ||||||
19 | license shall be reinstated, until such time that the | ||||||
20 | Department is notified by the Illinois Workers' Compensation | ||||||
21 | Commission or the Department of Insurance that the licensee's | ||||||
22 | or applicant's failure to comply with subsections (a) and (b) | ||||||
23 | of Section 4 of the Workers' Compensation Act has been | ||||||
24 | corrected or otherwise resolved to satisfaction of the | ||||||
25 | Illinois Workers' Compensation Commission or the Department of | ||||||
26 | Insurance. |
| |||||||
| |||||||
1 | In addition, a complaint filed with the Department by the | ||||||
2 | Illinois Workers' Compensation Commission or the Department of | ||||||
3 | Insurance that includes a certification, signed by its | ||||||
4 | Director or Chairman, or the Director or Chairman's designee, | ||||||
5 | attesting to a finding of the failure to secure workers' | ||||||
6 | compensation obligations in the manner required by subsections | ||||||
7 | (a) and (b) of Section 4 of the Workers' Compensation Act or | ||||||
8 | the failure to pay any fines or penalties or to discharge any | ||||||
9 | obligation under a settlement relating to the failure to | ||||||
10 | secure workers' compensation obligations in the manner | ||||||
11 | required by subsections (a) and (b) of Section 4 of the | ||||||
12 | Workers' Compensation Act is prima facie evidence of the | ||||||
13 | licensee's or applicant's failure to comply with subsections | ||||||
14 | (a) and (b) of Section 4 of the Workers' Compensation Act. Upon | ||||||
15 | receipt of that certification, the Department shall, without a | ||||||
16 | hearing, immediately suspend all licenses held by the licensee | ||||||
17 | or the processing of any application from the applicant. | ||||||
18 | Enforcement of the Department's order shall be stayed for 60 | ||||||
19 | days. The Department shall provide notice of the suspension to | ||||||
20 | the licensee by mailing a copy of the Department's order to the | ||||||
21 | licensee's address of record or emailing a copy of the order to | ||||||
22 | the licensee's email address of record. The notice shall | ||||||
23 | advise the licensee that the suspension shall be effective 60 | ||||||
24 | days after the issuance of the Department's order unless the | ||||||
25 | Department receives from the licensee or applicant a request | ||||||
26 | for a hearing before the Department to dispute the matters |
| |||||||
| |||||||
1 | contained in the order. | ||||||
2 | Any suspension imposed under this subsection shall be | ||||||
3 | terminated by the Department upon notification from the | ||||||
4 | Illinois Workers' Compensation Commission or the Department of | ||||||
5 | Insurance that the licensee's or applicant's failure to comply | ||||||
6 | with subsections (a) and (b) of Section 4 of the Workers' | ||||||
7 | Compensation Act has been corrected or otherwise resolved to | ||||||
8 | the satisfaction of the Illinois Workers' Compensation | ||||||
9 | Commission Commissions or the Department of Insurance. | ||||||
10 | No license shall be suspended or revoked until after the | ||||||
11 | licensee is afforded any due process protection guaranteed by | ||||||
12 | statute or rule adopted by the Illinois Workers' Compensation | ||||||
13 | Commission or the Department of Insurance. | ||||||
14 | The Department may adopt rules for the administration of | ||||||
15 | this subsection. | ||||||
16 | (h) The Department may grant the title "Retired", to be | ||||||
17 | used immediately adjacent to the title of a profession | ||||||
18 | regulated by the Department, to eligible retirees. For | ||||||
19 | individuals licensed under the Medical Practice Act of 1987, | ||||||
20 | the title "Retired" may be used in the profile required by the | ||||||
21 | Patients' Right to Know Act. The use of the title "Retired" | ||||||
22 | shall not constitute representation of current licensure, | ||||||
23 | registration, or certification. Any person without an active | ||||||
24 | license, registration, or certificate in a profession that | ||||||
25 | requires licensure, registration, or certification shall not | ||||||
26 | be permitted to practice that profession. |
| |||||||
| |||||||
1 | (i) The Department shall make available on its website | ||||||
2 | general information explaining how the Department utilizes | ||||||
3 | criminal history information in making licensure application | ||||||
4 | decisions, including a list of enumerated offenses that serve | ||||||
5 | as a statutory bar to licensure. | ||||||
6 | (Source: P.A. 102-538, eff. 8-20-21; 103-26, eff. 1-1-24; | ||||||
7 | revised 1-2-24.)
| ||||||
8 | (20 ILCS 2105/2105-368) | ||||||
9 | (This Section may contain text from a Public Act with a | ||||||
10 | delayed effective date ) | ||||||
11 | Sec. 2105-368 2105-370 . Data on applications. In | ||||||
12 | conjunction with applications for licensure, the Department | ||||||
13 | shall request, and applicants may voluntarily provide, | ||||||
14 | demographic information that includes sex, ethnicity, race, | ||||||
15 | and disability. On or before March 1 of each calendar year, the | ||||||
16 | Department shall publish a report on the Department's website | ||||||
17 | that contains the demographic information it collected the | ||||||
18 | preceding calendar year, the number of applications for | ||||||
19 | licensure and renewal of licensure it received in the | ||||||
20 | preceding calendar year, and the number of applicants who were | ||||||
21 | denied licensure in the preceding calendar year regardless of | ||||||
22 | whether application was made in that calendar year. | ||||||
23 | (Source: P.A. 103-522, eff. 1-1-25; revised 9-25-23.)
| ||||||
24 | (20 ILCS 2105/2105-370) |
| |||||||
| |||||||
1 | (This Section may contain text from a Public Act with a | ||||||
2 | delayed effective date ) | ||||||
3 | Sec. 2105-370. Continuing education; cultural competency. | ||||||
4 | (a) As used in this Section: | ||||||
5 | "Cultural competency" means a set of integrated attitudes, | ||||||
6 | knowledge, and skills that enables a health care professional | ||||||
7 | or organization to care effectively for patients from diverse | ||||||
8 | cultures, groups, and communities. | ||||||
9 | "Health care professional" means a person licensed or | ||||||
10 | registered by the Department under the following Acts: the | ||||||
11 | Medical Practice Act of 1987, the Nurse Practice Act, the | ||||||
12 | Clinical Psychologist Licensing Act, the Illinois Optometric | ||||||
13 | Practice Act of 1987, the Illinois Physical Therapy Act, the | ||||||
14 | Pharmacy Practice Act, the Physician Assistant Practice Act of | ||||||
15 | 1987, the Clinical Social Work and Social Work Practice Act, | ||||||
16 | the Nursing Home Administrators Licensing and Disciplinary | ||||||
17 | Act, the Illinois Occupational Therapy Practice Act, the | ||||||
18 | Podiatric Medical Practice Act of 1987, the Respiratory Care | ||||||
19 | Practice Act, the Professional Counselor and Clinical | ||||||
20 | Professional Counselor Licensing and Practice Act, the | ||||||
21 | Illinois Speech-Language Pathology and Audiology Practice Act, | ||||||
22 | the Illinois Dental Practice Act, the Illinois Dental Practice | ||||||
23 | Act, or the Behavior Analyst Licensing Act. | ||||||
24 | (b) For health care professional license or registration | ||||||
25 | renewals occurring on or after January 1, 2025, a health care | ||||||
26 | professional who has continuing education requirements must |
| |||||||
| |||||||
1 | complete at least a one-hour course in training on cultural | ||||||
2 | competency. A health care professional may count this one hour | ||||||
3 | for completion of this course toward meeting the minimum | ||||||
4 | credit hours required for continuing education. | ||||||
5 | (c) The Department may adopt rules for the implementation | ||||||
6 | of this Section. | ||||||
7 | (Source: P.A. 103-531, eff. 1-1-25.)
| ||||||
8 | Section 105. The Department of Public Health Powers and | ||||||
9 | Duties Law of the Civil Administrative Code of Illinois is | ||||||
10 | amended by changing Section 2310-130 and by setting forth and | ||||||
11 | renumbering multiple versions of Section 2310-720 as follows:
| ||||||
12 | (20 ILCS 2310/2310-130) | ||||||
13 | Sec. 2310-130. Long term care surveyors; surveyor | ||||||
14 | development unit. Long Term Care Monitor/Receiver Beginning | ||||||
15 | July 1, 2011, the Department shall employ a minimum of one | ||||||
16 | surveyor for every 500 licensed long term care beds. Beginning | ||||||
17 | July 1, 2012, the Department shall employ a minimum of one | ||||||
18 | surveyor for every 400 licensed long term care beds. Beginning | ||||||
19 | July 1, 2013, the Department shall employ a minimum of one | ||||||
20 | surveyor for every 300 licensed long term care beds. | ||||||
21 | The Department shall establish a surveyor development unit | ||||||
22 | funded from money deposited in the Long Term Care | ||||||
23 | Monitor/Receiver Fund. | ||||||
24 | (Source: P.A. 103-127, eff. 1-1-24; 103-363, eff. 7-28-23; |
| |||||||
| |||||||
1 | revised 12-12-23.)
| ||||||
2 | (20 ILCS 2310/2310-720) | ||||||
3 | Sec. 2310-720. Pilot program with municipalities that | ||||||
4 | employ a certified plumbing inspector. The Department shall | ||||||
5 | create a pilot program to allow the Department to enter into an | ||||||
6 | agreement with a municipality that employs a State of Illinois | ||||||
7 | certified plumbing inspector to do inspections on behalf of | ||||||
8 | the Department and submit appropriate documentation as | ||||||
9 | requested to verify the inspections were completed to the | ||||||
10 | standards required by the Department and outlined in the | ||||||
11 | partnership. | ||||||
12 | (Source: P.A. 103-321, eff. 1-1-24.)
| ||||||
13 | (20 ILCS 2310/2310-725) | ||||||
14 | Sec. 2310-725 2310-720 . Public educational effort on | ||||||
15 | mental health and wellness. Subject to appropriation, the | ||||||
16 | Department shall undertake a public educational campaign to | ||||||
17 | bring broad public awareness to communities across this State | ||||||
18 | on the importance of mental health and wellness, including the | ||||||
19 | expanded coverage of mental health treatment, and consistent | ||||||
20 | with the recommendations of the Illinois Children's Mental | ||||||
21 | Health Partnership's Children's Mental Health Plan of 2022 and | ||||||
22 | Public Act 102-899. The Department shall look to other | ||||||
23 | successful public educational campaigns to guide this effort, | ||||||
24 | such as the public educational campaign related to Get Covered |
| |||||||
| |||||||
1 | Illinois. Additionally, the Department shall work with the | ||||||
2 | Department of Insurance, the Illinois State Board of | ||||||
3 | Education, the Department of Human Services, the Department of | ||||||
4 | Healthcare and Family Services, the Department of Juvenile | ||||||
5 | Justice, the Department of Children and Family Services, and | ||||||
6 | other State agencies as necessary to promote consistency in | ||||||
7 | messaging and distribution methods between this campaign and | ||||||
8 | other concurrent public educational campaigns related to | ||||||
9 | mental health and mental wellness. Public messaging for this | ||||||
10 | campaign shall be simple, be easy to understand, and include | ||||||
11 | culturally competent messaging for different communities and | ||||||
12 | regions throughout this State. | ||||||
13 | (Source: P.A. 103-535, eff. 8-11-23; revised 9-25-23.)
| ||||||
14 | Section 110. The Illinois State Police Law of the Civil | ||||||
15 | Administrative Code of Illinois is amended by changing Section | ||||||
16 | 2605-52 as follows:
| ||||||
17 | (20 ILCS 2605/2605-52) | ||||||
18 | Sec. 2605-52. Division of Statewide 9-1-1. | ||||||
19 | (a) There shall be established an Office of the Statewide | ||||||
20 | 9-1-1 Administrator within the Division of Statewide 9-1-1. | ||||||
21 | Beginning January 1, 2016, the Office of the Statewide 9-1-1 | ||||||
22 | Administrator shall be responsible for developing, | ||||||
23 | implementing, and overseeing a uniform statewide 9-1-1 system | ||||||
24 | for all areas of the State outside of municipalities having a |
| |||||||
| |||||||
1 | population over 500,000. | ||||||
2 | (b) The Governor shall appoint, with the advice and | ||||||
3 | consent of the Senate, a Statewide 9-1-1 Administrator. The | ||||||
4 | Administrator shall serve for a term of 2 years , and until a | ||||||
5 | successor is appointed and qualified; except that the term of | ||||||
6 | the first 9-1-1 Administrator appointed under this Act shall | ||||||
7 | expire on the third Monday in January, 2017. The Administrator | ||||||
8 | shall not hold any other remunerative public office. The | ||||||
9 | Administrator shall receive an annual salary as set by the | ||||||
10 | Governor. | ||||||
11 | (c) The Illinois State Police, from appropriations made to | ||||||
12 | it for that purpose, shall make grants to 9-1-1 Authorities | ||||||
13 | for the purpose of defraying costs associated with 9-1-1 | ||||||
14 | system consolidations awarded by the Administrator under | ||||||
15 | Section 15.4b of the Emergency Telephone System Act. | ||||||
16 | (d) The Division of Statewide 9-1-1 shall exercise the | ||||||
17 | rights, powers, and duties vested by law in the Illinois State | ||||||
18 | Police by the Illinois State Police Radio Act and shall | ||||||
19 | oversee the Illinois State Police radio network, including the | ||||||
20 | Illinois State Police Emergency Radio Network and Illinois | ||||||
21 | State Police's STARCOM21. | ||||||
22 | (e) The Division of Statewide 9-1-1 shall also conduct the | ||||||
23 | following communication activities: | ||||||
24 | (1) Acquire and operate one or more radio broadcasting | ||||||
25 | stations in the State to be used for police purposes. | ||||||
26 | (2) Operate a statewide communications network to |
| |||||||
| |||||||
1 | gather and disseminate information for law enforcement | ||||||
2 | agencies. | ||||||
3 | (3) Undertake other communication activities that may | ||||||
4 | be required by law. | ||||||
5 | (4) Oversee Illinois State Police telecommunications. | ||||||
6 | (f) The Division of Statewide 9-1-1 shall oversee the | ||||||
7 | Illinois State Police fleet operations. | ||||||
8 | (Source: P.A. 102-538, eff. 8-20-21; 103-34, eff. 1-1-24; | ||||||
9 | revised 1-2-24.)
| ||||||
10 | Section 115. The Illinois State Police Act is amended by | ||||||
11 | changing Section 16 as follows:
| ||||||
12 | (20 ILCS 2610/16) (from Ch. 121, par. 307.16) | ||||||
13 | Sec. 16. State policemen shall enforce the provisions of | ||||||
14 | the Illinois Vehicle Code , approved September 29, 1969, as | ||||||
15 | amended, and Article 9 of the " Illinois Highway Code " as | ||||||
16 | amended; and shall patrol the public highways and rural | ||||||
17 | districts to make arrests for violations of the provisions of | ||||||
18 | such Acts. They are conservators of the peace and as such have | ||||||
19 | all powers possessed by policemen in cities, and sheriffs, | ||||||
20 | except that they may exercise such powers anywhere in this | ||||||
21 | State. The State policemen shall cooperate with the police of | ||||||
22 | cities, villages , and incorporated towns, and with the police | ||||||
23 | officers of any county, in enforcing the laws of the State and | ||||||
24 | in making arrests and recovering property. They may be |
| |||||||
| |||||||
1 | equipped with standardized and tested devices for weighing | ||||||
2 | motor vehicles and may stop and weigh, acting reasonably, or | ||||||
3 | cause to be weighed, any motor vehicle which appears to weigh | ||||||
4 | in excess of the weight permitted by law. It shall also be the | ||||||
5 | duty of the Illinois State Police to determine, whenever | ||||||
6 | possible, the person or persons or the causes responsible for | ||||||
7 | the breaking or destruction of any improved hard-surfaced | ||||||
8 | roadway ; and to arrest all persons criminally responsible for | ||||||
9 | such breaking or destruction and bring them before the proper | ||||||
10 | officer for trial. The Illinois State Police shall divide the | ||||||
11 | State into zones, troops, or regions and assign each zone, | ||||||
12 | troop, or region to one or more policemen. No person employed | ||||||
13 | under this Act, however, shall serve or execute civil process, | ||||||
14 | except for process issued under the authority of the General | ||||||
15 | Assembly, or a committee or commission thereof vested with | ||||||
16 | subpoena powers when the county sheriff refuses or fails to | ||||||
17 | serve such process, and except for process allowed by statute | ||||||
18 | or issued under the authority of the Illinois Department of | ||||||
19 | Revenue. | ||||||
20 | (Source: P.A. 102-538, eff. 8-20-21; 103-34, eff. 6-9-23; | ||||||
21 | revised 9-25-23.)
| ||||||
22 | Section 120. The Human Remains Protection Act is amended | ||||||
23 | by changing Section 13 as follows:
| ||||||
24 | (20 ILCS 3440/13) (from Ch. 127, par. 2673) |
| |||||||
| |||||||
1 | Sec. 13. Notification. | ||||||
2 | (a) If an undertaking will occur on property that the | ||||||
3 | property owner has been notified in writing by the Department | ||||||
4 | that the land is likely to contain human remains, unregistered | ||||||
5 | graves, grave markers, or grave artifacts, a permit shall be | ||||||
6 | obtained by the landowner from the Department. | ||||||
7 | (b) If human remains, unregistered graves, grave markers, | ||||||
8 | or grave artifacts that were unknown and were encountered by | ||||||
9 | any person, a permit shall be obtained from the Department | ||||||
10 | before any work on the undertaking may continue. | ||||||
11 | (c) The Department of Natural Resources shall adopt | ||||||
12 | administrative rules whereby permits shall be issued for the | ||||||
13 | avoidance, disturbance, or removal of human remains, | ||||||
14 | unregistered graves, grave markers, or grave artifacts, or a | ||||||
15 | combination of those activities. The Department may adopt | ||||||
16 | emergency rules in accordance with Sections 5-45 and 5-45.47 | ||||||
17 | 5-45.35 of the Illinois Administrative Procedure Act. The | ||||||
18 | adoption of emergency rules authorized by Sections 5-45 and | ||||||
19 | 5-45.47 5-45.35 of the Illinois Administrative Procedure Act | ||||||
20 | and this paragraph is deemed to be necessary for the public | ||||||
21 | interest, safety, and welfare. | ||||||
22 | (d) Each permit shall specify all terms and conditions | ||||||
23 | under which the avoidance, removal, or disturbance of human | ||||||
24 | remains, grave artifacts, grave markers, or unregistered | ||||||
25 | graves shall be carried out. All costs accrued in the removal | ||||||
26 | of the aforementioned materials shall be borne by the permit |
| |||||||
| |||||||
1 | applicant. Within 60 days of the completion of the | ||||||
2 | undertaking, the permit holder shall submit a report, on a | ||||||
3 | form provided by the Department, of the results to the | ||||||
4 | Department. | ||||||
5 | (Source: P.A. 103-446, eff. 8-4-23; revised 10-5-23.)
| ||||||
6 | Section 125. The Illinois Power Agency Act is amended by | ||||||
7 | changing Section 1-56 as follows:
| ||||||
8 | (20 ILCS 3855/1-56) | ||||||
9 | Sec. 1-56. Illinois Power Agency Renewable Energy | ||||||
10 | Resources Fund; Illinois Solar for All Program. | ||||||
11 | (a) The Illinois Power Agency Renewable Energy Resources | ||||||
12 | Fund is created as a special fund in the State treasury. | ||||||
13 | (b) The Illinois Power Agency Renewable Energy Resources | ||||||
14 | Fund shall be administered by the Agency as described in this | ||||||
15 | subsection (b), provided that the changes to this subsection | ||||||
16 | (b) made by Public Act 99-906 this amendatory Act of the 99th | ||||||
17 | General Assembly shall not interfere with existing contracts | ||||||
18 | under this Section. | ||||||
19 | (1) The Illinois Power Agency Renewable Energy | ||||||
20 | Resources Fund shall be used to purchase renewable energy | ||||||
21 | credits according to any approved procurement plan | ||||||
22 | developed by the Agency prior to June 1, 2017. | ||||||
23 | (2) The Illinois Power Agency Renewable Energy | ||||||
24 | Resources Fund shall also be used to create the Illinois |
| |||||||
| |||||||
1 | Solar for All Program, which provides incentives for | ||||||
2 | low-income distributed generation and community solar | ||||||
3 | projects, and other associated approved expenditures. The | ||||||
4 | objectives of the Illinois Solar for All Program are to | ||||||
5 | bring photovoltaics to low-income communities in this | ||||||
6 | State in a manner that maximizes the development of new | ||||||
7 | photovoltaic generating facilities, to create a long-term, | ||||||
8 | low-income solar marketplace throughout this State, to | ||||||
9 | integrate, through interaction with stakeholders, with | ||||||
10 | existing energy efficiency initiatives, and to minimize | ||||||
11 | administrative costs. The Illinois Solar for All Program | ||||||
12 | shall be implemented in a manner that seeks to minimize | ||||||
13 | administrative costs, and maximize efficiencies and | ||||||
14 | synergies available through coordination with similar | ||||||
15 | initiatives, including the Adjustable Block program | ||||||
16 | described in subparagraphs (K) through (M) of paragraph | ||||||
17 | (1) of subsection (c) of Section 1-75, energy efficiency | ||||||
18 | programs, job training programs, and community action | ||||||
19 | agencies. The Agency shall strive to ensure that renewable | ||||||
20 | energy credits procured through the Illinois Solar for All | ||||||
21 | Program and each of its subprograms are purchased from | ||||||
22 | projects across the breadth of low-income and | ||||||
23 | environmental justice communities in Illinois, including | ||||||
24 | both urban and rural communities, are not concentrated in | ||||||
25 | a few communities, and do not exclude particular | ||||||
26 | low-income or environmental justice communities. The |
| |||||||
| |||||||
1 | Agency shall include a description of its proposed | ||||||
2 | approach to the design, administration, implementation and | ||||||
3 | evaluation of the Illinois Solar for All Program, as part | ||||||
4 | of the long-term renewable resources procurement plan | ||||||
5 | authorized by subsection (c) of Section 1-75 of this Act, | ||||||
6 | and the program shall be designed to grow the low-income | ||||||
7 | solar market. The Agency or utility, as applicable, shall | ||||||
8 | purchase renewable energy credits from the (i) | ||||||
9 | photovoltaic distributed renewable energy generation | ||||||
10 | projects and (ii) community solar projects that are | ||||||
11 | procured under procurement processes authorized by the | ||||||
12 | long-term renewable resources procurement plans approved | ||||||
13 | by the Commission. | ||||||
14 | The Illinois Solar for All Program shall include the | ||||||
15 | program offerings described in subparagraphs (A) through | ||||||
16 | (E) of this paragraph (2), which the Agency shall | ||||||
17 | implement through contracts with third-party providers | ||||||
18 | and, subject to appropriation, pay the approximate amounts | ||||||
19 | identified using monies available in the Illinois Power | ||||||
20 | Agency Renewable Energy Resources Fund. Each contract that | ||||||
21 | provides for the installation of solar facilities shall | ||||||
22 | provide that the solar facilities will produce energy and | ||||||
23 | economic benefits, at a level determined by the Agency to | ||||||
24 | be reasonable, for the participating low-income low income | ||||||
25 | customers. The monies available in the Illinois Power | ||||||
26 | Agency Renewable Energy Resources Fund and not otherwise |
| |||||||
| |||||||
1 | committed to contracts executed under subsection (i) of | ||||||
2 | this Section, as well as, in the case of the programs | ||||||
3 | described under subparagraphs (A) through (E) of this | ||||||
4 | paragraph (2), funding authorized pursuant to subparagraph | ||||||
5 | (O) of paragraph (1) of subsection (c) of Section 1-75 of | ||||||
6 | this Act, shall initially be allocated among the programs | ||||||
7 | described in this paragraph (2), as follows: 35% of these | ||||||
8 | funds shall be allocated to programs described in | ||||||
9 | subparagraphs (A) and (E) of this paragraph (2), 40% of | ||||||
10 | these funds shall be allocated to programs described in | ||||||
11 | subparagraph (B) of this paragraph (2), and 25% of these | ||||||
12 | funds shall be allocated to programs described in | ||||||
13 | subparagraph (C) of this paragraph (2). The allocation of | ||||||
14 | funds among subparagraphs (A), (B), (C), and (E) of this | ||||||
15 | paragraph (2) may be changed if the Agency, after | ||||||
16 | receiving input through a stakeholder process, determines | ||||||
17 | incentives in subparagraphs (A), (B), (C), or (E) of this | ||||||
18 | paragraph (2) have not been adequately subscribed to fully | ||||||
19 | utilize available Illinois Solar for All Program funds. | ||||||
20 | Contracts that will be paid with funds in the Illinois | ||||||
21 | Power Agency Renewable Energy Resources Fund shall be | ||||||
22 | executed by the Agency. Contracts that will be paid with | ||||||
23 | funds collected by an electric utility shall be executed | ||||||
24 | by the electric utility. | ||||||
25 | Contracts under the Illinois Solar for All Program | ||||||
26 | shall include an approach, as set forth in the long-term |
| |||||||
| |||||||
1 | renewable resources procurement plans, to ensure the | ||||||
2 | wholesale market value of the energy is credited to | ||||||
3 | participating low-income customers or organizations and to | ||||||
4 | ensure tangible economic benefits flow directly to program | ||||||
5 | participants, except in the case of low-income | ||||||
6 | multi-family housing where the low-income customer does | ||||||
7 | not directly pay for energy. Priority shall be given to | ||||||
8 | projects that demonstrate meaningful involvement of | ||||||
9 | low-income community members in designing the initial | ||||||
10 | proposals. Acceptable proposals to implement projects must | ||||||
11 | demonstrate the applicant's ability to conduct initial | ||||||
12 | community outreach, education, and recruitment of | ||||||
13 | low-income participants in the community. Projects must | ||||||
14 | include job training opportunities if available, with the | ||||||
15 | specific level of trainee usage to be determined through | ||||||
16 | the Agency's long-term renewable resources procurement | ||||||
17 | plan, and the Illinois Solar for All Program Administrator | ||||||
18 | shall coordinate with the job training programs described | ||||||
19 | in paragraph (1) of subsection (a) of Section 16-108.12 of | ||||||
20 | the Public Utilities Act and in the Energy Transition Act. | ||||||
21 | The Agency shall make every effort to ensure that | ||||||
22 | small and emerging businesses, particularly those located | ||||||
23 | in low-income and environmental justice communities, are | ||||||
24 | able to participate in the Illinois Solar for All Program. | ||||||
25 | These efforts may include, but shall not be limited to, | ||||||
26 | proactive support from the program administrator, |
| |||||||
| |||||||
1 | different or preferred access to subprograms and | ||||||
2 | administrator-identified customers or grassroots | ||||||
3 | education provider-identified customers, and different | ||||||
4 | incentive levels. The Agency shall report on progress and | ||||||
5 | barriers to participation of small and emerging businesses | ||||||
6 | in the Illinois Solar for All Program at least once a year. | ||||||
7 | The report shall be made available on the Agency's website | ||||||
8 | and, in years when the Agency is updating its long-term | ||||||
9 | renewable resources procurement plan, included in that | ||||||
10 | Plan. | ||||||
11 | (A) Low-income single-family and small multifamily | ||||||
12 | solar incentive. This program will provide incentives | ||||||
13 | to low-income customers, either directly or through | ||||||
14 | solar providers, to increase the participation of | ||||||
15 | low-income households in photovoltaic on-site | ||||||
16 | distributed generation at residential buildings | ||||||
17 | containing one to 4 units. Companies participating in | ||||||
18 | this program that install solar panels shall commit to | ||||||
19 | hiring job trainees for a portion of their low-income | ||||||
20 | installations, and an administrator shall facilitate | ||||||
21 | partnering the companies that install solar panels | ||||||
22 | with entities that provide solar panel installation | ||||||
23 | job training. It is a goal of this program that a | ||||||
24 | minimum of 25% of the incentives for this program be | ||||||
25 | allocated to projects located within environmental | ||||||
26 | justice communities. Contracts entered into under this |
| |||||||
| |||||||
1 | paragraph may be entered into with an entity that will | ||||||
2 | develop and administer the program and shall also | ||||||
3 | include contracts for renewable energy credits from | ||||||
4 | the photovoltaic distributed generation that is the | ||||||
5 | subject of the program, as set forth in the long-term | ||||||
6 | renewable resources procurement plan. Additionally: | ||||||
7 | (i) The Agency shall reserve a portion of this | ||||||
8 | program for projects that promote energy | ||||||
9 | sovereignty through ownership of projects by | ||||||
10 | low-income households, not-for-profit | ||||||
11 | organizations providing services to low-income | ||||||
12 | households, affordable housing owners, community | ||||||
13 | cooperatives, or community-based limited liability | ||||||
14 | companies providing services to low-income | ||||||
15 | households. Projects that feature energy ownership | ||||||
16 | should ensure that local people have control of | ||||||
17 | the project and reap benefits from the project | ||||||
18 | over and above energy bill savings. The Agency may | ||||||
19 | consider the inclusion of projects that promote | ||||||
20 | ownership over time or that involve partial | ||||||
21 | project ownership by communities, as promoting | ||||||
22 | energy sovereignty. Incentives for projects that | ||||||
23 | promote energy sovereignty may be higher than | ||||||
24 | incentives for equivalent projects that do not | ||||||
25 | promote energy sovereignty under this same | ||||||
26 | program. |
| |||||||
| |||||||
1 | (ii) Through its long-term renewable resources | ||||||
2 | procurement plan, the Agency shall consider | ||||||
3 | additional program and contract requirements to | ||||||
4 | ensure faithful compliance by applicants | ||||||
5 | benefiting from preferences for projects | ||||||
6 | designated to promote energy sovereignty. The | ||||||
7 | Agency shall make every effort to enable solar | ||||||
8 | providers already participating in the Adjustable | ||||||
9 | Block Program Block-Program under subparagraph (K) | ||||||
10 | of paragraph (1) of subsection (c) of Section 1-75 | ||||||
11 | of this Act, and particularly solar providers | ||||||
12 | developing projects under item (i) of subparagraph | ||||||
13 | (K) of paragraph (1) of subsection (c) of Section | ||||||
14 | 1-75 of this Act to easily participate in the | ||||||
15 | Low-Income Distributed Generation Incentive | ||||||
16 | program described under this subparagraph (A), and | ||||||
17 | vice versa. This effort may include, but shall not | ||||||
18 | be limited to, utilizing similar or the same | ||||||
19 | application systems and processes, similar or the | ||||||
20 | same forms and formats of communication, and | ||||||
21 | providing active outreach to companies | ||||||
22 | participating in one program but not the other. | ||||||
23 | The Agency shall report on efforts made to | ||||||
24 | encourage this cross-participation in its | ||||||
25 | long-term renewable resources procurement plan. | ||||||
26 | (B) Low-Income Community Solar Project Initiative. |
| |||||||
| |||||||
1 | Incentives shall be offered to low-income customers, | ||||||
2 | either directly or through developers, to increase the | ||||||
3 | participation of low-income subscribers of community | ||||||
4 | solar projects. The developer of each project shall | ||||||
5 | identify its partnership with community stakeholders | ||||||
6 | regarding the location, development, and participation | ||||||
7 | in the project, provided that nothing shall preclude a | ||||||
8 | project from including an anchor tenant that does not | ||||||
9 | qualify as low-income. Companies participating in this | ||||||
10 | program that develop or install solar projects shall | ||||||
11 | commit to hiring job trainees for a portion of their | ||||||
12 | low-income installations, and an administrator shall | ||||||
13 | facilitate partnering the companies that install solar | ||||||
14 | projects with entities that provide solar installation | ||||||
15 | and related job training. It is a goal of this program | ||||||
16 | that a minimum of 25% of the incentives for this | ||||||
17 | program be allocated to community photovoltaic | ||||||
18 | projects in environmental justice communities. The | ||||||
19 | Agency shall reserve a portion of this program for | ||||||
20 | projects that promote energy sovereignty through | ||||||
21 | ownership of projects by low-income households, | ||||||
22 | not-for-profit organizations providing services to | ||||||
23 | low-income households, affordable housing owners, or | ||||||
24 | community-based limited liability companies providing | ||||||
25 | services to low-income households. Projects that | ||||||
26 | feature energy ownership should ensure that local |
| |||||||
| |||||||
1 | people have control of the project and reap benefits | ||||||
2 | from the project over and above energy bill savings. | ||||||
3 | The Agency may consider the inclusion of projects that | ||||||
4 | promote ownership over time or that involve partial | ||||||
5 | project ownership by communities, as promoting energy | ||||||
6 | sovereignty. Incentives for projects that promote | ||||||
7 | energy sovereignty may be higher than incentives for | ||||||
8 | equivalent projects that do not promote energy | ||||||
9 | sovereignty under this same program. Contracts entered | ||||||
10 | into under this paragraph may be entered into with | ||||||
11 | developers and shall also include contracts for | ||||||
12 | renewable energy credits related to the program. | ||||||
13 | (C) Incentives for non-profits and public | ||||||
14 | facilities. Under this program funds shall be used to | ||||||
15 | support on-site photovoltaic distributed renewable | ||||||
16 | energy generation devices to serve the load associated | ||||||
17 | with not-for-profit customers and to support | ||||||
18 | photovoltaic distributed renewable energy generation | ||||||
19 | that uses photovoltaic technology to serve the load | ||||||
20 | associated with public sector customers taking service | ||||||
21 | at public buildings. Companies participating in this | ||||||
22 | program that develop or install solar projects shall | ||||||
23 | commit to hiring job trainees for a portion of their | ||||||
24 | low-income installations, and an administrator shall | ||||||
25 | facilitate partnering the companies that install solar | ||||||
26 | projects with entities that provide solar installation |
| |||||||
| |||||||
1 | and related job training. Through its long-term | ||||||
2 | renewable resources procurement plan, the Agency shall | ||||||
3 | consider additional program and contract requirements | ||||||
4 | to ensure faithful compliance by applicants benefiting | ||||||
5 | from preferences for projects designated to promote | ||||||
6 | energy sovereignty. It is a goal of this program that | ||||||
7 | at least 25% of the incentives for this program be | ||||||
8 | allocated to projects located in environmental justice | ||||||
9 | communities. Contracts entered into under this | ||||||
10 | paragraph may be entered into with an entity that will | ||||||
11 | develop and administer the program or with developers | ||||||
12 | and shall also include contracts for renewable energy | ||||||
13 | credits related to the program. | ||||||
14 | (D) (Blank). | ||||||
15 | (E) Low-income large multifamily solar incentive. | ||||||
16 | This program shall provide incentives to low-income | ||||||
17 | customers, either directly or through solar providers, | ||||||
18 | to increase the participation of low-income households | ||||||
19 | in photovoltaic on-site distributed generation at | ||||||
20 | residential buildings with 5 or more units. Companies | ||||||
21 | participating in this program that develop or install | ||||||
22 | solar projects shall commit to hiring job trainees for | ||||||
23 | a portion of their low-income installations, and an | ||||||
24 | administrator shall facilitate partnering the | ||||||
25 | companies that install solar projects with entities | ||||||
26 | that provide solar installation and related job |
| |||||||
| |||||||
1 | training. It is a goal of this program that a minimum | ||||||
2 | of 25% of the incentives for this program be allocated | ||||||
3 | to projects located within environmental justice | ||||||
4 | communities. The Agency shall reserve a portion of | ||||||
5 | this program for projects that promote energy | ||||||
6 | sovereignty through ownership of projects by | ||||||
7 | low-income households, not-for-profit organizations | ||||||
8 | providing services to low-income households, | ||||||
9 | affordable housing owners, or community-based limited | ||||||
10 | liability companies providing services to low-income | ||||||
11 | households. Projects that feature energy ownership | ||||||
12 | should ensure that local people have control of the | ||||||
13 | project and reap benefits from the project over and | ||||||
14 | above energy bill savings. The Agency may consider the | ||||||
15 | inclusion of projects that promote ownership over time | ||||||
16 | or that involve partial project ownership by | ||||||
17 | communities, as promoting energy sovereignty. | ||||||
18 | Incentives for projects that promote energy | ||||||
19 | sovereignty may be higher than incentives for | ||||||
20 | equivalent projects that do not promote energy | ||||||
21 | sovereignty under this same program. | ||||||
22 | The requirement that a qualified person, as defined in | ||||||
23 | paragraph (1) of subsection (i) of this Section, install | ||||||
24 | photovoltaic devices does not apply to the Illinois Solar | ||||||
25 | for All Program described in this subsection (b). | ||||||
26 | In addition to the programs outlined in paragraphs (A) |
| |||||||
| |||||||
1 | through (E), the Agency and other parties may propose | ||||||
2 | additional programs through the Long-Term Renewable | ||||||
3 | Resources Procurement Plan developed and approved under | ||||||
4 | paragraph (5) of subsection (b) of Section 16-111.5 of the | ||||||
5 | Public Utilities Act. Additional programs may target | ||||||
6 | market segments not specified above and may also include | ||||||
7 | incentives targeted to increase the uptake of | ||||||
8 | nonphotovoltaic technologies by low-income customers, | ||||||
9 | including energy storage paired with photovoltaics, if the | ||||||
10 | Commission determines that the Illinois Solar for All | ||||||
11 | Program would provide greater benefits to the public | ||||||
12 | health and well-being of low-income residents through also | ||||||
13 | supporting that additional program versus supporting | ||||||
14 | programs already authorized. | ||||||
15 | (3) Costs associated with the Illinois Solar for All | ||||||
16 | Program and its components described in paragraph (2) of | ||||||
17 | this subsection (b), including, but not limited to, costs | ||||||
18 | associated with procuring experts, consultants, and the | ||||||
19 | program administrator referenced in this subsection (b) | ||||||
20 | and related incremental costs, costs related to income | ||||||
21 | verification and facilitating customer participation in | ||||||
22 | the program, and costs related to the evaluation of the | ||||||
23 | Illinois Solar for All Program, may be paid for using | ||||||
24 | monies in the Illinois Power Agency Renewable Energy | ||||||
25 | Resources Fund, and funds allocated pursuant to | ||||||
26 | subparagraph (O) of paragraph (1) of subsection (c) of |
| |||||||
| |||||||
1 | Section 1-75, but the Agency or program administrator | ||||||
2 | shall strive to minimize costs in the implementation of | ||||||
3 | the program. The Agency or contracting electric utility | ||||||
4 | shall purchase renewable energy credits from generation | ||||||
5 | that is the subject of a contract under subparagraphs (A) | ||||||
6 | through (E) of paragraph (2) of this subsection (b), and | ||||||
7 | may pay for such renewable energy credits through an | ||||||
8 | upfront payment per installed kilowatt of nameplate | ||||||
9 | capacity paid once the device is interconnected at the | ||||||
10 | distribution system level of the interconnecting utility | ||||||
11 | and verified as energized. Payments for renewable energy | ||||||
12 | credits shall be in exchange for all renewable energy | ||||||
13 | credits generated by the system during the first 15 years | ||||||
14 | of operation and shall be structured to overcome barriers | ||||||
15 | to participation in the solar market by the low-income | ||||||
16 | community. The incentives provided for in this Section may | ||||||
17 | be implemented through the pricing of renewable energy | ||||||
18 | credits where the prices paid for the credits are higher | ||||||
19 | than the prices from programs offered under subsection (c) | ||||||
20 | of Section 1-75 of this Act to account for the additional | ||||||
21 | capital necessary to successfully access targeted market | ||||||
22 | segments. The Agency or contracting electric utility shall | ||||||
23 | retire any renewable energy credits purchased under this | ||||||
24 | program and the credits shall count toward towards the | ||||||
25 | obligation under subsection (c) of Section 1-75 of this | ||||||
26 | Act for the electric utility to which the project is |
| |||||||
| |||||||
1 | interconnected, if applicable. | ||||||
2 | The Agency shall direct that up to 5% of the funds | ||||||
3 | available under the Illinois Solar for All Program to | ||||||
4 | community-based groups and other qualifying organizations | ||||||
5 | to assist in community-driven education efforts related to | ||||||
6 | the Illinois Solar for All Program, including general | ||||||
7 | energy education, job training program outreach efforts, | ||||||
8 | and other activities deemed to be qualified by the Agency. | ||||||
9 | Grassroots education funding shall not be used to support | ||||||
10 | the marketing by solar project development firms and | ||||||
11 | organizations, unless such education provides equal | ||||||
12 | opportunities for all applicable firms and organizations. | ||||||
13 | (4) The Agency shall, consistent with the requirements | ||||||
14 | of this subsection (b), propose the Illinois Solar for All | ||||||
15 | Program terms, conditions, and requirements, including the | ||||||
16 | prices to be paid for renewable energy credits, and which | ||||||
17 | prices may be determined through a formula, through the | ||||||
18 | development, review, and approval of the Agency's | ||||||
19 | long-term renewable resources procurement plan described | ||||||
20 | in subsection (c) of Section 1-75 of this Act and Section | ||||||
21 | 16-111.5 of the Public Utilities Act. In the course of the | ||||||
22 | Commission proceeding initiated to review and approve the | ||||||
23 | plan, including the Illinois Solar for All Program | ||||||
24 | proposed by the Agency, a party may propose an additional | ||||||
25 | low-income solar or solar incentive program, or | ||||||
26 | modifications to the programs proposed by the Agency, and |
| |||||||
| |||||||
1 | the Commission may approve an additional program, or | ||||||
2 | modifications to the Agency's proposed program, if the | ||||||
3 | additional or modified program more effectively maximizes | ||||||
4 | the benefits to low-income customers after taking into | ||||||
5 | account all relevant factors, including, but not limited | ||||||
6 | to, the extent to which a competitive market for | ||||||
7 | low-income solar has developed. Following the Commission's | ||||||
8 | approval of the Illinois Solar for All Program, the Agency | ||||||
9 | or a party may propose adjustments to the program terms, | ||||||
10 | conditions, and requirements, including the price offered | ||||||
11 | to new systems, to ensure the long-term viability and | ||||||
12 | success of the program. The Commission shall review and | ||||||
13 | approve any modifications to the program through the plan | ||||||
14 | revision process described in Section 16-111.5 of the | ||||||
15 | Public Utilities Act. | ||||||
16 | (5) The Agency shall issue a request for | ||||||
17 | qualifications for a third-party program administrator or | ||||||
18 | administrators to administer all or a portion of the | ||||||
19 | Illinois Solar for All Program. The third-party program | ||||||
20 | administrator shall be chosen through a competitive bid | ||||||
21 | process based on selection criteria and requirements | ||||||
22 | developed by the Agency, including, but not limited to, | ||||||
23 | experience in administering low-income energy programs and | ||||||
24 | overseeing statewide clean energy or energy efficiency | ||||||
25 | services. If the Agency retains a program administrator or | ||||||
26 | administrators to implement all or a portion of the |
| |||||||
| |||||||
1 | Illinois Solar for All Program, each administrator shall | ||||||
2 | periodically submit reports to the Agency and Commission | ||||||
3 | for each program that it administers, at appropriate | ||||||
4 | intervals to be identified by the Agency in its long-term | ||||||
5 | renewable resources procurement plan, provided that the | ||||||
6 | reporting interval is at least quarterly. The third-party | ||||||
7 | program administrator may be, but need not be, the same | ||||||
8 | administrator as for the Adjustable Block program | ||||||
9 | described in subparagraphs (K) through (M) of paragraph | ||||||
10 | (1) of subsection (c) of Section 1-75. The Agency, through | ||||||
11 | its long-term renewable resources procurement plan | ||||||
12 | approval process, shall also determine if individual | ||||||
13 | subprograms of the Illinois Solar for All Program are | ||||||
14 | better served by a different or separate Program | ||||||
15 | Administrator. | ||||||
16 | The third-party administrator's responsibilities | ||||||
17 | shall also include facilitating placement for graduates of | ||||||
18 | Illinois-based renewable energy-specific job training | ||||||
19 | programs, including the Clean Jobs Workforce Network | ||||||
20 | Program and the Illinois Climate Works Preapprenticeship | ||||||
21 | Program administered by the Department of Commerce and | ||||||
22 | Economic Opportunity and programs administered under | ||||||
23 | Section 16-108.12 of the Public Utilities Act. To increase | ||||||
24 | the uptake of trainees by participating firms, the | ||||||
25 | administrator shall also develop a web-based clearinghouse | ||||||
26 | for information available to both job training program |
| |||||||
| |||||||
1 | graduates and firms participating, directly or indirectly, | ||||||
2 | in Illinois solar incentive programs. The program | ||||||
3 | administrator shall also coordinate its activities with | ||||||
4 | entities implementing electric and natural gas | ||||||
5 | income-qualified energy efficiency programs, including | ||||||
6 | customer referrals to and from such programs, and connect | ||||||
7 | prospective low-income solar customers with any existing | ||||||
8 | deferred maintenance programs where applicable. | ||||||
9 | (6) The long-term renewable resources procurement plan | ||||||
10 | shall also provide for an independent evaluation of the | ||||||
11 | Illinois Solar for All Program. At least every 2 years, | ||||||
12 | the Agency shall select an independent evaluator to review | ||||||
13 | and report on the Illinois Solar for All Program and the | ||||||
14 | performance of the third-party program administrator of | ||||||
15 | the Illinois Solar for All Program. The evaluation shall | ||||||
16 | be based on objective criteria developed through a public | ||||||
17 | stakeholder process. The process shall include feedback | ||||||
18 | and participation from Illinois Solar for All Program | ||||||
19 | stakeholders, including participants and organizations in | ||||||
20 | environmental justice and historically underserved | ||||||
21 | communities. The report shall include a summary of the | ||||||
22 | evaluation of the Illinois Solar for All Program based on | ||||||
23 | the stakeholder developed objective criteria. The report | ||||||
24 | shall include the number of projects installed; the total | ||||||
25 | installed capacity in kilowatts; the average cost per | ||||||
26 | kilowatt of installed capacity to the extent reasonably |
| |||||||
| |||||||
1 | obtainable by the Agency; the number of jobs or job | ||||||
2 | opportunities created; economic, social, and environmental | ||||||
3 | benefits created; and the total administrative costs | ||||||
4 | expended by the Agency and program administrator to | ||||||
5 | implement and evaluate the program. The report shall be | ||||||
6 | delivered to the Commission and posted on the Agency's | ||||||
7 | website, and shall be used, as needed, to revise the | ||||||
8 | Illinois Solar for All Program. The Commission shall also | ||||||
9 | consider the results of the evaluation as part of its | ||||||
10 | review of the long-term renewable resources procurement | ||||||
11 | plan under subsection (c) of Section 1-75 of this Act. | ||||||
12 | (7) If additional funding for the programs described | ||||||
13 | in this subsection (b) is available under subsection (k) | ||||||
14 | of Section 16-108 of the Public Utilities Act, then the | ||||||
15 | Agency shall submit a procurement plan to the Commission | ||||||
16 | no later than September 1, 2018, that proposes how the | ||||||
17 | Agency will procure programs on behalf of the applicable | ||||||
18 | utility. After notice and hearing, the Commission shall | ||||||
19 | approve, or approve with modification, the plan no later | ||||||
20 | than November 1, 2018. | ||||||
21 | (8) As part of the development and update of the | ||||||
22 | long-term renewable resources procurement plan authorized | ||||||
23 | by subsection (c) of Section 1-75 of this Act, the Agency | ||||||
24 | shall plan for: (A) actions to refer customers from the | ||||||
25 | Illinois Solar for All Program to electric and natural gas | ||||||
26 | income-qualified energy efficiency programs, and vice |
| |||||||
| |||||||
1 | versa, with the goal of increasing participation in both | ||||||
2 | of these programs; (B) effective procedures for data | ||||||
3 | sharing, as needed, to effectuate referrals between the | ||||||
4 | Illinois Solar for All Program and both electric and | ||||||
5 | natural gas income-qualified energy efficiency programs, | ||||||
6 | including sharing customer information directly with the | ||||||
7 | utilities, as needed and appropriate; and (C) efforts to | ||||||
8 | identify any existing deferred maintenance programs for | ||||||
9 | which prospective Solar for All Program customers may be | ||||||
10 | eligible and connect prospective customers for whom | ||||||
11 | deferred maintenance is or may be a barrier to solar | ||||||
12 | installation to those programs. | ||||||
13 | As used in this subsection (b), "low-income households" | ||||||
14 | means persons and families whose income does not exceed 80% of | ||||||
15 | area median income, adjusted for family size and revised every | ||||||
16 | 5 years. | ||||||
17 | For the purposes of this subsection (b), the Agency shall | ||||||
18 | define "environmental justice community" based on the | ||||||
19 | methodologies and findings established by the Agency and the | ||||||
20 | Administrator for the Illinois Solar for All Program in its | ||||||
21 | initial long-term renewable resources procurement plan and as | ||||||
22 | updated by the Agency and the Administrator for the Illinois | ||||||
23 | Solar for All Program as part of the long-term renewable | ||||||
24 | resources procurement plan update. | ||||||
25 | (b-5) After the receipt of all payments required by | ||||||
26 | Section 16-115D of the Public Utilities Act, no additional |
| |||||||
| |||||||
1 | funds shall be deposited into the Illinois Power Agency | ||||||
2 | Renewable Energy Resources Fund unless directed by order of | ||||||
3 | the Commission. | ||||||
4 | (b-10) After the receipt of all payments required by | ||||||
5 | Section 16-115D of the Public Utilities Act and payment in | ||||||
6 | full of all contracts executed by the Agency under subsections | ||||||
7 | (b) and (i) of this Section, if the balance of the Illinois | ||||||
8 | Power Agency Renewable Energy Resources Fund is under $5,000, | ||||||
9 | then the Fund shall be inoperative and any remaining funds and | ||||||
10 | any funds submitted to the Fund after that date, shall be | ||||||
11 | transferred to the Supplemental Low-Income Energy Assistance | ||||||
12 | Fund for use in the Low-Income Home Energy Assistance Program, | ||||||
13 | as authorized by the Energy Assistance Act. | ||||||
14 | (b-15) The prevailing wage requirements set forth in the | ||||||
15 | Prevailing Wage Act apply to each project that is undertaken | ||||||
16 | pursuant to one or more of the programs of incentives and | ||||||
17 | initiatives described in subsection (b) of this Section and | ||||||
18 | for which a project application is submitted to the program | ||||||
19 | after the effective date of this amendatory Act of the 103rd | ||||||
20 | General Assembly, except (i) projects that serve single-family | ||||||
21 | or multi-family residential buildings and (ii) projects with | ||||||
22 | an aggregate capacity of less than 100 kilowatts that serve | ||||||
23 | houses of worship. The Agency shall require verification that | ||||||
24 | all construction performed on a project by the renewable | ||||||
25 | energy credit delivery contract holder, its contractors, or | ||||||
26 | its subcontractors relating to the construction of the |
| |||||||
| |||||||
1 | facility is performed by workers receiving an amount for that | ||||||
2 | work that is greater than or equal to the general prevailing | ||||||
3 | rate of wages as that term is defined in the Prevailing Wage | ||||||
4 | Act, and the Agency may adjust renewable energy credit prices | ||||||
5 | to account for increased labor costs. | ||||||
6 | In this subsection (b-15), "house of worship" has the | ||||||
7 | meaning given in subparagraph (Q) of paragraph (1) of | ||||||
8 | subsection (c) of Section 1-75. | ||||||
9 | (c) (Blank). | ||||||
10 | (d) (Blank). | ||||||
11 | (e) All renewable energy credits procured using monies | ||||||
12 | from the Illinois Power Agency Renewable Energy Resources Fund | ||||||
13 | shall be permanently retired. | ||||||
14 | (f) The selection of one or more third-party program | ||||||
15 | managers or administrators, the selection of the independent | ||||||
16 | evaluator, and the procurement processes described in this | ||||||
17 | Section are exempt from the requirements of the Illinois | ||||||
18 | Procurement Code, under Section 20-10 of that Code. | ||||||
19 | (g) All disbursements from the Illinois Power Agency | ||||||
20 | Renewable Energy Resources Fund shall be made only upon | ||||||
21 | warrants of the Comptroller drawn upon the Treasurer as | ||||||
22 | custodian of the Fund upon vouchers signed by the Director or | ||||||
23 | by the person or persons designated by the Director for that | ||||||
24 | purpose. The Comptroller is authorized to draw the warrant | ||||||
25 | upon vouchers so signed. The Treasurer shall accept all | ||||||
26 | warrants so signed and shall be released from liability for |
| |||||||
| |||||||
1 | all payments made on those warrants. | ||||||
2 | (h) The Illinois Power Agency Renewable Energy Resources | ||||||
3 | Fund shall not be subject to sweeps, administrative charges, | ||||||
4 | or chargebacks, including, but not limited to, those | ||||||
5 | authorized under Section 8h of the State Finance Act, that | ||||||
6 | would in any way result in the transfer of any funds from this | ||||||
7 | Fund to any other fund of this State or in having any such | ||||||
8 | funds utilized for any purpose other than the express purposes | ||||||
9 | set forth in this Section. | ||||||
10 | (h-5) The Agency may assess fees to each bidder to recover | ||||||
11 | the costs incurred in connection with a procurement process | ||||||
12 | held under this Section. Fees collected from bidders shall be | ||||||
13 | deposited into the Renewable Energy Resources Fund. | ||||||
14 | (i) Supplemental procurement process. | ||||||
15 | (1) Within 90 days after June 30, 2014 ( the effective | ||||||
16 | date of Public Act 98-672) this amendatory Act of the 98th | ||||||
17 | General Assembly , the Agency shall develop a one-time | ||||||
18 | supplemental procurement plan limited to the procurement | ||||||
19 | of renewable energy credits, if available, from new or | ||||||
20 | existing photovoltaics, including, but not limited to, | ||||||
21 | distributed photovoltaic generation. Nothing in this | ||||||
22 | subsection (i) requires procurement of wind generation | ||||||
23 | through the supplemental procurement. | ||||||
24 | Renewable energy credits procured from new | ||||||
25 | photovoltaics, including, but not limited to, distributed | ||||||
26 | photovoltaic generation, under this subsection (i) must be |
| |||||||
| |||||||
1 | procured from devices installed by a qualified person. In | ||||||
2 | its supplemental procurement plan, the Agency shall | ||||||
3 | establish contractually enforceable mechanisms for | ||||||
4 | ensuring that the installation of new photovoltaics is | ||||||
5 | performed by a qualified person. | ||||||
6 | For the purposes of this paragraph (1), "qualified | ||||||
7 | person" means a person who performs installations of | ||||||
8 | photovoltaics, including, but not limited to, distributed | ||||||
9 | photovoltaic generation, and who: (A) has completed an | ||||||
10 | apprenticeship as a journeyman electrician from a United | ||||||
11 | States Department of Labor registered electrical | ||||||
12 | apprenticeship and training program and received a | ||||||
13 | certification of satisfactory completion; or (B) does not | ||||||
14 | currently meet the criteria under clause (A) of this | ||||||
15 | paragraph (1), but is enrolled in a United States | ||||||
16 | Department of Labor registered electrical apprenticeship | ||||||
17 | program, provided that the person is directly supervised | ||||||
18 | by a person who meets the criteria under clause (A) of this | ||||||
19 | paragraph (1); or (C) has obtained one of the following | ||||||
20 | credentials in addition to attesting to satisfactory | ||||||
21 | completion of at least 5 years or 8,000 hours of | ||||||
22 | documented hands-on electrical experience: (i) a North | ||||||
23 | American Board of Certified Energy Practitioners (NABCEP) | ||||||
24 | Installer Certificate for Solar PV; (ii) an Underwriters | ||||||
25 | Laboratories (UL) PV Systems Installer Certificate; (iii) | ||||||
26 | an Electronics Technicians Association, International |
| |||||||
| |||||||
1 | (ETAI) Level 3 PV Installer Certificate; or (iv) an | ||||||
2 | Associate in Applied Science degree from an Illinois | ||||||
3 | Community College Board approved community college program | ||||||
4 | in renewable energy or a distributed generation | ||||||
5 | technology. | ||||||
6 | For the purposes of this paragraph (1), "directly | ||||||
7 | supervised" means that there is a qualified person who | ||||||
8 | meets the qualifications under clause (A) of this | ||||||
9 | paragraph (1) and who is available for supervision and | ||||||
10 | consultation regarding the work performed by persons under | ||||||
11 | clause (B) of this paragraph (1), including a final | ||||||
12 | inspection of the installation work that has been directly | ||||||
13 | supervised to ensure safety and conformity with applicable | ||||||
14 | codes. | ||||||
15 | For the purposes of this paragraph (1), "install" | ||||||
16 | means the major activities and actions required to | ||||||
17 | connect, in accordance with applicable building and | ||||||
18 | electrical codes, the conductors, connectors, and all | ||||||
19 | associated fittings, devices, power outlets, or | ||||||
20 | apparatuses mounted at the premises that are directly | ||||||
21 | involved in delivering energy to the premises' electrical | ||||||
22 | wiring from the photovoltaics, including, but not limited | ||||||
23 | to, to distributed photovoltaic generation. | ||||||
24 | The renewable energy credits procured pursuant to the | ||||||
25 | supplemental procurement plan shall be procured using up | ||||||
26 | to $30,000,000 from the Illinois Power Agency Renewable |
| |||||||
| |||||||
1 | Energy Resources Fund. The Agency shall not plan to use | ||||||
2 | funds from the Illinois Power Agency Renewable Energy | ||||||
3 | Resources Fund in excess of the monies on deposit in such | ||||||
4 | fund or projected to be deposited into such fund. The | ||||||
5 | supplemental procurement plan shall ensure adequate, | ||||||
6 | reliable, affordable, efficient, and environmentally | ||||||
7 | sustainable renewable energy resources (including credits) | ||||||
8 | at the lowest total cost over time, taking into account | ||||||
9 | any benefits of price stability. | ||||||
10 | To the extent available, 50% of the renewable energy | ||||||
11 | credits procured from distributed renewable energy | ||||||
12 | generation shall come from devices of less than 25 | ||||||
13 | kilowatts in nameplate capacity. Procurement of renewable | ||||||
14 | energy credits from distributed renewable energy | ||||||
15 | generation devices shall be done through multi-year | ||||||
16 | contracts of no less than 5 years. The Agency shall create | ||||||
17 | credit requirements for counterparties. In order to | ||||||
18 | minimize the administrative burden on contracting | ||||||
19 | entities, the Agency shall solicit the use of third | ||||||
20 | parties to aggregate distributed renewable energy. These | ||||||
21 | third parties shall enter into and administer contracts | ||||||
22 | with individual distributed renewable energy generation | ||||||
23 | device owners. An individual distributed renewable energy | ||||||
24 | generation device owner shall have the ability to measure | ||||||
25 | the output of his or her distributed renewable energy | ||||||
26 | generation device. |
| |||||||
| |||||||
1 | In developing the supplemental procurement plan, the | ||||||
2 | Agency shall hold at least one workshop open to the public | ||||||
3 | within 90 days after June 30, 2014 ( the effective date of | ||||||
4 | Public Act 98-672) this amendatory Act of the 98th General | ||||||
5 | Assembly and shall consider any comments made by | ||||||
6 | stakeholders or the public. Upon development of the | ||||||
7 | supplemental procurement plan within this 90-day period, | ||||||
8 | copies of the supplemental procurement plan shall be | ||||||
9 | posted and made publicly available on the Agency's and | ||||||
10 | Commission's websites. All interested parties shall have | ||||||
11 | 14 days following the date of posting to provide comment | ||||||
12 | to the Agency on the supplemental procurement plan. All | ||||||
13 | comments submitted to the Agency shall be specific, | ||||||
14 | supported by data or other detailed analyses, and, if | ||||||
15 | objecting to all or a portion of the supplemental | ||||||
16 | procurement plan, accompanied by specific alternative | ||||||
17 | wording or proposals. All comments shall be posted on the | ||||||
18 | Agency's and Commission's websites. Within 14 days | ||||||
19 | following the end of the 14-day review period, the Agency | ||||||
20 | shall revise the supplemental procurement plan as | ||||||
21 | necessary based on the comments received and file its | ||||||
22 | revised supplemental procurement plan with the Commission | ||||||
23 | for approval. | ||||||
24 | (2) Within 5 days after the filing of the supplemental | ||||||
25 | procurement plan at the Commission, any person objecting | ||||||
26 | to the supplemental procurement plan shall file an |
| |||||||
| |||||||
1 | objection with the Commission. Within 10 days after the | ||||||
2 | filing, the Commission shall determine whether a hearing | ||||||
3 | is necessary. The Commission shall enter its order | ||||||
4 | confirming or modifying the supplemental procurement plan | ||||||
5 | within 90 days after the filing of the supplemental | ||||||
6 | procurement plan by the Agency. | ||||||
7 | (3) The Commission shall approve the supplemental | ||||||
8 | procurement plan of renewable energy credits to be | ||||||
9 | procured from new or existing photovoltaics, including, | ||||||
10 | but not limited to, distributed photovoltaic generation, | ||||||
11 | if the Commission determines that it will ensure adequate, | ||||||
12 | reliable, affordable, efficient, and environmentally | ||||||
13 | sustainable electric service in the form of renewable | ||||||
14 | energy credits at the lowest total cost over time, taking | ||||||
15 | into account any benefits of price stability. | ||||||
16 | (4) The supplemental procurement process under this | ||||||
17 | subsection (i) shall include each of the following | ||||||
18 | components: | ||||||
19 | (A) Procurement administrator. The Agency may | ||||||
20 | retain a procurement administrator in the manner set | ||||||
21 | forth in item (2) of subsection (a) of Section 1-75 of | ||||||
22 | this Act to conduct the supplemental procurement or | ||||||
23 | may elect to use the same procurement administrator | ||||||
24 | administering the Agency's annual procurement under | ||||||
25 | Section 1-75. | ||||||
26 | (B) Procurement monitor. The procurement monitor |
| |||||||
| |||||||
1 | retained by the Commission pursuant to Section | ||||||
2 | 16-111.5 of the Public Utilities Act shall: | ||||||
3 | (i) monitor interactions among the procurement | ||||||
4 | administrator and bidders and suppliers; | ||||||
5 | (ii) monitor and report to the Commission on | ||||||
6 | the progress of the supplemental procurement | ||||||
7 | process; | ||||||
8 | (iii) provide an independent confidential | ||||||
9 | report to the Commission regarding the results of | ||||||
10 | the procurement events; | ||||||
11 | (iv) assess compliance with the procurement | ||||||
12 | plan approved by the Commission for the | ||||||
13 | supplemental procurement process; | ||||||
14 | (v) preserve the confidentiality of supplier | ||||||
15 | and bidding information in a manner consistent | ||||||
16 | with all applicable laws, rules, regulations, and | ||||||
17 | tariffs; | ||||||
18 | (vi) provide expert advice to the Commission | ||||||
19 | and consult with the procurement administrator | ||||||
20 | regarding issues related to procurement process | ||||||
21 | design, rules, protocols, and policy-related | ||||||
22 | matters; | ||||||
23 | (vii) consult with the procurement | ||||||
24 | administrator regarding the development and use of | ||||||
25 | benchmark criteria, standard form contracts, | ||||||
26 | credit policies, and bid documents; and |
| |||||||
| |||||||
1 | (viii) perform, with respect to the | ||||||
2 | supplemental procurement process, any other | ||||||
3 | procurement monitor duties specifically delineated | ||||||
4 | within subsection (i) of this Section. | ||||||
5 | (C) Solicitation, prequalification | ||||||
6 | pre-qualification , and registration of bidders. The | ||||||
7 | procurement administrator shall disseminate | ||||||
8 | information to potential bidders to promote a | ||||||
9 | procurement event, notify potential bidders that the | ||||||
10 | procurement administrator may enter into a post-bid | ||||||
11 | price negotiation with bidders that meet the | ||||||
12 | applicable benchmarks, provide supply requirements, | ||||||
13 | and otherwise explain the competitive procurement | ||||||
14 | process. In addition to such other publication as the | ||||||
15 | procurement administrator determines is appropriate, | ||||||
16 | this information shall be posted on the Agency's and | ||||||
17 | the Commission's websites. The procurement | ||||||
18 | administrator shall also administer the | ||||||
19 | prequalification process, including evaluation of | ||||||
20 | credit worthiness, compliance with procurement rules, | ||||||
21 | and agreement to the standard form contract developed | ||||||
22 | pursuant to item (D) of this paragraph (4). The | ||||||
23 | procurement administrator shall then identify and | ||||||
24 | register bidders to participate in the procurement | ||||||
25 | event. | ||||||
26 | (D) Standard contract forms and credit terms and |
| |||||||
| |||||||
1 | instruments. The procurement administrator, in | ||||||
2 | consultation with the Agency, the Commission, and | ||||||
3 | other interested parties and subject to Commission | ||||||
4 | oversight, shall develop and provide standard contract | ||||||
5 | forms for the supplier contracts that meet generally | ||||||
6 | accepted industry practices as well as include any | ||||||
7 | applicable State of Illinois terms and conditions that | ||||||
8 | are required for contracts entered into by an agency | ||||||
9 | of the State of Illinois. Standard credit terms and | ||||||
10 | instruments that meet generally accepted industry | ||||||
11 | practices shall be similarly developed. Contracts for | ||||||
12 | new photovoltaics shall include a provision attesting | ||||||
13 | that the supplier will use a qualified person for the | ||||||
14 | installation of the device pursuant to paragraph (1) | ||||||
15 | of subsection (i) of this Section. The procurement | ||||||
16 | administrator shall make available to the Commission | ||||||
17 | all written comments it receives on the contract | ||||||
18 | forms, credit terms, or instruments. If the | ||||||
19 | procurement administrator cannot reach agreement with | ||||||
20 | the parties as to the contract terms and conditions, | ||||||
21 | the procurement administrator must notify the | ||||||
22 | Commission of any disputed terms and the Commission | ||||||
23 | shall resolve the dispute. The terms of the contracts | ||||||
24 | shall not be subject to negotiation by winning | ||||||
25 | bidders, and the bidders must agree to the terms of the | ||||||
26 | contract in advance so that winning bids are selected |
| |||||||
| |||||||
1 | solely on the basis of price. | ||||||
2 | (E) Requests for proposals; competitive | ||||||
3 | procurement process. The procurement administrator | ||||||
4 | shall design and issue requests for proposals to | ||||||
5 | supply renewable energy credits in accordance with the | ||||||
6 | supplemental procurement plan, as approved by the | ||||||
7 | Commission. The requests for proposals shall set forth | ||||||
8 | a procedure for sealed, binding commitment bidding | ||||||
9 | with pay-as-bid settlement, and provision for | ||||||
10 | selection of bids on the basis of price, provided, | ||||||
11 | however, that no bid shall be accepted if it exceeds | ||||||
12 | the benchmark developed pursuant to item (F) of this | ||||||
13 | paragraph (4). | ||||||
14 | (F) Benchmarks. Benchmarks for each product to be | ||||||
15 | procured shall be developed by the procurement | ||||||
16 | administrator in consultation with Commission staff, | ||||||
17 | the Agency, and the procurement monitor for use in | ||||||
18 | this supplemental procurement. | ||||||
19 | (G) A plan for implementing contingencies in the | ||||||
20 | event of supplier default, Commission rejection of | ||||||
21 | results, or any other cause. | ||||||
22 | (5) Within 2 business days after opening the sealed | ||||||
23 | bids, the procurement administrator shall submit a | ||||||
24 | confidential report to the Commission. The report shall | ||||||
25 | contain the results of the bidding for each of the | ||||||
26 | products along with the procurement administrator's |
| |||||||
| |||||||
1 | recommendation for the acceptance and rejection of bids | ||||||
2 | based on the price benchmark criteria and other factors | ||||||
3 | observed in the process. The procurement monitor also | ||||||
4 | shall submit a confidential report to the Commission | ||||||
5 | within 2 business days after opening the sealed bids. The | ||||||
6 | report shall contain the procurement monitor's assessment | ||||||
7 | of bidder behavior in the process as well as an assessment | ||||||
8 | of the procurement administrator's compliance with the | ||||||
9 | procurement process and rules. The Commission shall review | ||||||
10 | the confidential reports submitted by the procurement | ||||||
11 | administrator and procurement monitor and shall accept or | ||||||
12 | reject the recommendations of the procurement | ||||||
13 | administrator within 2 business days after receipt of the | ||||||
14 | reports. | ||||||
15 | (6) Within 3 business days after the Commission | ||||||
16 | decision approving the results of a procurement event, the | ||||||
17 | Agency shall enter into binding contractual arrangements | ||||||
18 | with the winning suppliers using the standard form | ||||||
19 | contracts. | ||||||
20 | (7) The names of the successful bidders and the | ||||||
21 | average of the winning bid prices for each contract type | ||||||
22 | and for each contract term shall be made available to the | ||||||
23 | public within 2 days after the supplemental procurement | ||||||
24 | event. The Commission, the procurement monitor, the | ||||||
25 | procurement administrator, the Agency, and all | ||||||
26 | participants in the procurement process shall maintain the |
| |||||||
| |||||||
1 | confidentiality of all other supplier and bidding | ||||||
2 | information in a manner consistent with all applicable | ||||||
3 | laws, rules, regulations, and tariffs. Confidential | ||||||
4 | information, including the confidential reports submitted | ||||||
5 | by the procurement administrator and procurement monitor | ||||||
6 | pursuant to this Section, shall not be made publicly | ||||||
7 | available and shall not be discoverable by any party in | ||||||
8 | any proceeding, absent a compelling demonstration of need, | ||||||
9 | nor shall those reports be admissible in any proceeding | ||||||
10 | other than one for law enforcement purposes. | ||||||
11 | (8) The supplemental procurement provided in this | ||||||
12 | subsection (i) shall not be subject to the requirements | ||||||
13 | and limitations of subsections (c) and (d) of this | ||||||
14 | Section. | ||||||
15 | (9) Expenses incurred in connection with the | ||||||
16 | procurement process held pursuant to this Section, | ||||||
17 | including, but not limited to, the cost of developing the | ||||||
18 | supplemental procurement plan, the procurement | ||||||
19 | administrator, procurement monitor, and the cost of the | ||||||
20 | retirement of renewable energy credits purchased pursuant | ||||||
21 | to the supplemental procurement shall be paid for from the | ||||||
22 | Illinois Power Agency Renewable Energy Resources Fund. The | ||||||
23 | Agency shall enter into an interagency agreement with the | ||||||
24 | Commission to reimburse the Commission for its costs | ||||||
25 | associated with the procurement monitor for the | ||||||
26 | supplemental procurement process. |
| |||||||
| |||||||
1 | (Source: P.A. 102-662, eff. 9-15-21; 103-188, eff. 6-30-23; | ||||||
2 | revised 9-20-23.)
| ||||||
3 | Section 130. The Illinois Criminal Justice Information Act | ||||||
4 | is amended by changing Section 4 as follows:
| ||||||
5 | (20 ILCS 3930/4) (from Ch. 38, par. 210-4) | ||||||
6 | Sec. 4. Illinois Criminal Justice Information Authority; | ||||||
7 | creation, membership, and meetings. There is created an | ||||||
8 | Illinois Criminal Justice Information Authority consisting of | ||||||
9 | 25 members. The membership of the Authority shall consist of: | ||||||
10 | (1) the Illinois Attorney General or the Illinois | ||||||
11 | Attorney General's designee; | ||||||
12 | (2) the Director of Corrections or the Director's | ||||||
13 | designee; | ||||||
14 | (3) the Director of the Illinois State Police or the | ||||||
15 | Director's designee; | ||||||
16 | (4) the Director of Public Health or the Director's | ||||||
17 | designee; | ||||||
18 | (5) the Director of Children and Family Services or | ||||||
19 | the Director's designee; | ||||||
20 | (6) the Sheriff of Cook County or the Sheriff's | ||||||
21 | designee; | ||||||
22 | (7) the State's Attorney of Cook County or the State's | ||||||
23 | Attorney's designee; | ||||||
24 | (8) the clerk of the circuit court of Cook County or |
| |||||||
| |||||||
1 | the clerk's designee; | ||||||
2 | (9) the President of the Cook County Board of | ||||||
3 | Commissioners or the President's designee; | ||||||
4 | (10) the Superintendent of the Chicago Police | ||||||
5 | Department or the Superintendent's designee; | ||||||
6 | (11) the Director of the Office of the State's | ||||||
7 | Attorneys Appellate Prosecutor or the Director's designee; | ||||||
8 | (12) the Executive Director of the Illinois Law | ||||||
9 | Enforcement Training Standards Board or the Executive | ||||||
10 | Director's designee; | ||||||
11 | (13) the State Appellate Defender or the State | ||||||
12 | Appellate Defender's designee; | ||||||
13 | (14) the Public Defender of Cook County or the Public | ||||||
14 | Defender's designee; and | ||||||
15 | (15) the following additional members, each of whom | ||||||
16 | shall be appointed by the Governor: | ||||||
17 | (A) a circuit court clerk; | ||||||
18 | (B) a sheriff; | ||||||
19 | (C) a State's Attorney of a county other than | ||||||
20 | Cook; | ||||||
21 | (D) a Public Defender of a county other than Cook; | ||||||
22 | (E) a chief of police; and | ||||||
23 | (F) 2 individuals who report having been | ||||||
24 | incarcerated ; and , | ||||||
25 | (G) (F) 4 members of the general public. | ||||||
26 | Members appointed on and after August 15, 2014 ( the |
| |||||||
| |||||||
1 | effective date of Public Act 98-955) this amendatory Act of | ||||||
2 | the 98th General Assembly shall be confirmed by the Senate. | ||||||
3 | The Governor from time to time shall designate a Chairman | ||||||
4 | of the Authority from the membership. All members of the | ||||||
5 | Authority appointed by the Governor shall serve at the | ||||||
6 | pleasure of the Governor for a term not to exceed 4 years. The | ||||||
7 | initial appointed members of the Authority shall serve from | ||||||
8 | January, 1983 until the third Monday in January, 1987 or until | ||||||
9 | their successors are appointed. | ||||||
10 | The Authority shall meet at least quarterly, and all | ||||||
11 | meetings of the Authority shall be called by the Chairman. | ||||||
12 | (Source: P.A. 102-538, eff. 8-20-21; 102-1129, eff. 2-10-23; | ||||||
13 | 103-276, eff. 7-28-23; revised 9-7-23.)
| ||||||
14 | Section 132. The Illinois Workforce Innovation Board Act | ||||||
15 | is amended by changing the title of the Act as follows:
| ||||||
16 | (20 ILCS 3975/Act title) | ||||||
17 | An Act to create the Illinois Workforce Innovation Board | ||||||
18 | Human Resource Investment Council .
| ||||||
19 | Section 135. The Illinois State Auditing Act is amended by | ||||||
20 | changing Section 3-2.3 as follows:
| ||||||
21 | (30 ILCS 5/3-2.3) | ||||||
22 | Sec. 3-2.3. Report on Chicago Transit Authority. |
| |||||||
| |||||||
1 | (a) No less than 60 days prior to the issuance of bonds or | ||||||
2 | notes by the Chicago Transit Authority (referred to as the | ||||||
3 | "Authority" in this Section) pursuant to Section 12c of the | ||||||
4 | Metropolitan Transit Authority Act, the following | ||||||
5 | documentation shall be submitted to the Auditor General and | ||||||
6 | the Regional Transportation Authority: | ||||||
7 | (1) Retirement Plan Documentation. The Authority shall | ||||||
8 | submit a certification that: | ||||||
9 | (A) it is legally authorized to issue the bonds or | ||||||
10 | notes; | ||||||
11 | (B) scheduled annual payments of principal and | ||||||
12 | interest on the bonds and notes to be issued meet the | ||||||
13 | requirements of Section 12c(b)(5) of the Metropolitan | ||||||
14 | Transit Authority Act; | ||||||
15 | (C) no bond or note shall mature later than | ||||||
16 | December 31, 2040; | ||||||
17 | (D) after payment of costs of issuance and | ||||||
18 | necessary deposits to funds and accounts established | ||||||
19 | with respect to debt service on the bonds or notes, the | ||||||
20 | net bond and note proceeds (exclusive of any proceeds | ||||||
21 | to be used to refund outstanding bonds or notes) will | ||||||
22 | be deposited in the Retirement Plan for Chicago | ||||||
23 | Transit Authority Employees and used only for the | ||||||
24 | purposes required by Section 22-101 of the Illinois | ||||||
25 | Pension Code; and | ||||||
26 | (E) it has entered into an intergovernmental |
| |||||||
| |||||||
1 | agreement with the City of Chicago under which the | ||||||
2 | City of Chicago will provide financial assistance to | ||||||
3 | the Authority in an amount equal to the net receipts, | ||||||
4 | after fees for costs of collection, from a tax on the | ||||||
5 | privilege of transferring title to real estate in the | ||||||
6 | City of Chicago in an amount up to $1.50 per $500 of | ||||||
7 | value or fraction thereof under the provisions of | ||||||
8 | Section 8-3-19 of the Illinois Municipal Code, which | ||||||
9 | agreement shall be for a term expiring no earlier than | ||||||
10 | the final maturity of bonds or notes that it proposes | ||||||
11 | to issue under Section 12c of the Metropolitan Transit | ||||||
12 | Authority Act. | ||||||
13 | (2) The Board of Trustees of the Retirement Plan for | ||||||
14 | Chicago Transit Authority Employees shall submit a | ||||||
15 | certification that the Retirement Plan for Chicago Transit | ||||||
16 | Authority Employees is operating in accordance with all | ||||||
17 | applicable legal and contractual requirements, including | ||||||
18 | the following: | ||||||
19 | (A) the members of a new Board of Trustees have | ||||||
20 | been appointed according to the requirements of | ||||||
21 | Section 22-101(b) of the Illinois Pension Code; and | ||||||
22 | (B) contribution levels for employees and the | ||||||
23 | Authority have been established according to the | ||||||
24 | requirements of Section 22-101(d) of the Illinois | ||||||
25 | Pension Code. | ||||||
26 | (3) Actuarial Report. The Board of Trustees of the |
| |||||||
| |||||||
1 | Retirement Plan for Chicago Transit Authority Employees | ||||||
2 | shall submit an actuarial report prepared by an enrolled | ||||||
3 | actuary setting forth: | ||||||
4 | (A) the method of valuation and the underlying | ||||||
5 | assumptions; | ||||||
6 | (B) a comparison of the debt service schedules of | ||||||
7 | the bonds or notes proposed to be issued to the | ||||||
8 | Retirement Plan's current unfunded actuarial accrued | ||||||
9 | liability amortization schedule, as required by | ||||||
10 | Section 22-101(e) of the Illinois Pension Code, using | ||||||
11 | the projected interest cost of the bond or note issue | ||||||
12 | as the discount rate to calculate the estimated net | ||||||
13 | present value savings; | ||||||
14 | (C) the amount of the estimated net present value | ||||||
15 | savings comparing the true interest cost of the bonds | ||||||
16 | or notes with the actuarial investment return | ||||||
17 | assumption of the Retirement Plan; and | ||||||
18 | (D) a certification that the net proceeds of the | ||||||
19 | bonds or notes, together with anticipated earnings on | ||||||
20 | contributions and deposits, will be sufficient to | ||||||
21 | reasonably conclude on an actuarial basis that the | ||||||
22 | total retirement assets of the Retirement Plan will | ||||||
23 | not be less than 90% of its liabilities by the end of | ||||||
24 | fiscal year 2059. | ||||||
25 | (4) The Authority shall submit a financial analysis | ||||||
26 | prepared by an independent advisor. The financial analysis |
| |||||||
| |||||||
1 | must include a determination that the issuance of bonds is | ||||||
2 | in the best interest of the Retirement Plan for Chicago | ||||||
3 | Transit Authority Employees and the Chicago Transit | ||||||
4 | Authority. The independent advisor shall not act as | ||||||
5 | underwriter or receive a legal, consulting, or other fee | ||||||
6 | related to the issuance of any bond or notes issued by the | ||||||
7 | Authority pursuant to Section 12c of the Metropolitan | ||||||
8 | Transit Authority Act except compensation due for the | ||||||
9 | preparation of the financial analysis. | ||||||
10 | (5) Retiree Health Care Trust Documentation. The | ||||||
11 | Authority shall submit a certification that: | ||||||
12 | (A) it is legally authorized to issue the bonds or | ||||||
13 | notes; | ||||||
14 | (B) scheduled annual payments of principal and | ||||||
15 | interest on the bonds and notes to be issued meets the | ||||||
16 | requirements of Section 12c(b)(5) of the Metropolitan | ||||||
17 | Transit Authority Act; | ||||||
18 | (C) no bond or note shall mature later than | ||||||
19 | December 31, 2040; | ||||||
20 | (D) after payment of costs of issuance and | ||||||
21 | necessary deposits to funds and accounts established | ||||||
22 | with respect to debt service on the bonds or notes, the | ||||||
23 | net bond and note proceeds (exclusive of any proceeds | ||||||
24 | to be used to refund outstanding bonds or notes) will | ||||||
25 | be deposited in the Retiree Health Care Trust and used | ||||||
26 | only for the purposes required by Section 22-101B of |
| |||||||
| |||||||
1 | the Illinois Pension Code; and | ||||||
2 | (E) it has entered into an intergovernmental | ||||||
3 | agreement with the City of Chicago under which the | ||||||
4 | City of Chicago will provide financial assistance to | ||||||
5 | the Authority in an amount equal to the net receipts, | ||||||
6 | after fees for costs of collection, from a tax on the | ||||||
7 | privilege of transferring title to real estate in the | ||||||
8 | City of Chicago in an amount up to $1.50 per $500 of | ||||||
9 | value or fraction thereof under the provisions of | ||||||
10 | Section 8-3-19 of the Illinois Municipal Code, which | ||||||
11 | agreement shall be for a term expiring no earlier than | ||||||
12 | the final maturity of bonds or notes that it proposes | ||||||
13 | to issue under Section 12c of the Metropolitan Transit | ||||||
14 | Authority Act. | ||||||
15 | (6) The Board of Trustees of the Retiree Health Care | ||||||
16 | Trust shall submit a certification that the Retiree Health | ||||||
17 | Care Trust has been established in accordance with all | ||||||
18 | applicable legal requirements, including the following: | ||||||
19 | (A) the Retiree Health Care Trust has been | ||||||
20 | established and a Trust document is in effect to | ||||||
21 | govern the Retiree Health Care Trust; | ||||||
22 | (B) the members of the Board of Trustees of the | ||||||
23 | Retiree Health Care Trust have been appointed | ||||||
24 | according to the requirements of Section 22-101B(b)(1) | ||||||
25 | of the Illinois Pension Code; | ||||||
26 | (C) a health care benefit program for eligible |
| |||||||
| |||||||
1 | retirees and their dependents and survivors has been | ||||||
2 | established by the Board of Trustees according to the | ||||||
3 | requirements of Section 22-101B(b)(2) of the Illinois | ||||||
4 | Pension Code; | ||||||
5 | (D) contribution levels have been established for | ||||||
6 | retirees, dependents and survivors according to the | ||||||
7 | requirements of Section 22-101B(b)(5) of the Illinois | ||||||
8 | Pension Code; and | ||||||
9 | (E) contribution levels have been established for | ||||||
10 | employees of the Authority according to the | ||||||
11 | requirements of Section 22-101B(b)(6) of the Illinois | ||||||
12 | Pension Code. | ||||||
13 | (7) Actuarial Report. The Board of Trustees of the | ||||||
14 | Retiree Health Care Trust shall submit an actuarial report | ||||||
15 | prepared by an enrolled actuary setting forth: | ||||||
16 | (A) the method of valuation and the underlying | ||||||
17 | assumptions; | ||||||
18 | (B) a comparison of the projected interest cost of | ||||||
19 | the bonds or notes proposed to be issued with the | ||||||
20 | actuarial investment return assumption of the Retiree | ||||||
21 | Health Care Trust; and | ||||||
22 | (C) a certification that the net proceeds of the | ||||||
23 | bonds or notes, together with anticipated earnings on | ||||||
24 | contributions and deposits, will be sufficient to | ||||||
25 | adequately fund the actuarial present value of | ||||||
26 | projected benefits expected to be paid under the |
| |||||||
| |||||||
1 | Retiree Health Care Trust, or a certification of the | ||||||
2 | increases in contribution levels and decreases in | ||||||
3 | benefit levels that would be required in order to cure | ||||||
4 | any funding shortfall over a period of not more than 10 | ||||||
5 | years. | ||||||
6 | (8) The Authority shall submit a financial analysis | ||||||
7 | prepared by an independent advisor. The financial analysis | ||||||
8 | must include a determination that the issuance of bonds is | ||||||
9 | in the best interest of the Retiree Health Care Trust and | ||||||
10 | the Chicago Transit Authority. The independent advisor | ||||||
11 | shall not act as underwriter or receive a legal, | ||||||
12 | consulting, or other fee related to the issuance of any | ||||||
13 | bond or notes issued by the Authority pursuant to Section | ||||||
14 | 12c of the Metropolitan Transit Authority Act except | ||||||
15 | compensation due for the preparation of the financial | ||||||
16 | analysis. | ||||||
17 | (b) The Auditor General shall examine the information | ||||||
18 | submitted pursuant to Section 3-2.3(a)(1) through (4) and | ||||||
19 | submit a report to the General Assembly, the Legislative Audit | ||||||
20 | Commission, the Governor, the Regional Transportation | ||||||
21 | Authority and the Authority indicating whether (i) the | ||||||
22 | required certifications by the Authority and the Board of | ||||||
23 | Trustees of the Retirement Plan have been made, and (ii) the | ||||||
24 | actuarial reports have been provided, the reports include all | ||||||
25 | required information, the assumptions underlying those reports | ||||||
26 | are not unreasonable in the aggregate, and the reports appear |
| |||||||
| |||||||
1 | to comply with all pertinent professional standards, including | ||||||
2 | those issued by the Actuarial Standards Board. The Auditor | ||||||
3 | General shall submit such report no later than 60 days after | ||||||
4 | receiving the information required to be submitted by the | ||||||
5 | Authority and the Board of Trustees of the Retirement Plan. | ||||||
6 | Any bonds or notes issued by the Authority under item (1) of | ||||||
7 | subsection (b) of Section 12c of the Metropolitan Transit | ||||||
8 | Authority Act shall be issued within 120 days after receiving | ||||||
9 | such report from the Auditor General. The Authority may not | ||||||
10 | issue bonds or notes until it receives the report from the | ||||||
11 | Auditor General indicating the above requirements have been | ||||||
12 | met. | ||||||
13 | (c) The Auditor General shall examine the information | ||||||
14 | submitted pursuant to Section 3-2.3(a)(5) through (8) and | ||||||
15 | submit a report to the General Assembly, the Legislative Audit | ||||||
16 | Commission, the Governor, the Regional Transportation | ||||||
17 | Authority and the Authority indicating whether (i) the | ||||||
18 | required certifications by the Authority and the Board of | ||||||
19 | Trustees of the Retiree Health Care Trust have been made, and | ||||||
20 | (ii) the actuarial reports have been provided, the reports | ||||||
21 | include all required information, the assumptions underlying | ||||||
22 | those reports are not unreasonable in the aggregate, and the | ||||||
23 | reports appear to comply with all pertinent professional | ||||||
24 | standards, including those issued by the Actuarial Standards | ||||||
25 | Board. The Auditor General shall submit such report no later | ||||||
26 | than 60 days after receiving the information required to be |
| |||||||
| |||||||
1 | submitted by the Authority and the Board of Trustees of the | ||||||
2 | Retiree Health Care Trust. Any bonds or notes issued by the | ||||||
3 | Authority under item (2) of subsection (b) of Section 12c of | ||||||
4 | the Metropolitan Transit Authority Act shall be issued within | ||||||
5 | 120 days after receiving such report from the Auditor General. | ||||||
6 | The Authority may not issue bonds or notes until it receives a | ||||||
7 | report from the Auditor General indicating the above | ||||||
8 | requirements have been met. | ||||||
9 | (d) In fulfilling this duty, after receiving the | ||||||
10 | information submitted pursuant to Section 3-2.3(a), the | ||||||
11 | Auditor General may request additional information and support | ||||||
12 | pertaining to the data and conclusions contained in the | ||||||
13 | submitted documents and the Authority, the Board of Trustees | ||||||
14 | of the Retirement Plan and the Board of Trustees of the Retiree | ||||||
15 | Health Care Trust shall cooperate with the Auditor General and | ||||||
16 | provide additional information as requested in a timely | ||||||
17 | manner. The Auditor General may also request from the Regional | ||||||
18 | Transportation Authority an analysis of the information | ||||||
19 | submitted by the Authority relating to the sources of funds to | ||||||
20 | be utilized for payment of the proposed bonds or notes of the | ||||||
21 | Authority. The Auditor General's report shall not be in the | ||||||
22 | nature of a post-audit or examination and shall not lead to the | ||||||
23 | issuance of an opinion as that term is defined in generally | ||||||
24 | accepted government auditing standards. | ||||||
25 | (e) Annual Retirement Plan Submission to Auditor General. | ||||||
26 | The Board of Trustees of the Retirement Plan for Chicago |
| |||||||
| |||||||
1 | Transit Authority Employees established by Section 22-101 of | ||||||
2 | the Illinois Pension Code shall provide the following | ||||||
3 | documents to the Auditor General annually no later than | ||||||
4 | September 30: | ||||||
5 | (1) the most recent audit or examination of the | ||||||
6 | Retirement Plan; | ||||||
7 | (2) an annual statement containing the information | ||||||
8 | specified in Section 1A-109 of the Illinois Pension Code; | ||||||
9 | and | ||||||
10 | (3) a complete actuarial statement applicable to the | ||||||
11 | prior plan year, which may be the annual report of an | ||||||
12 | enrolled actuary retained by the Retirement Plan specified | ||||||
13 | in Section 22-101(e) of the Illinois Pension Code. | ||||||
14 | The Auditor General shall annually examine the information | ||||||
15 | provided pursuant to this subsection and shall submit a report | ||||||
16 | of the analysis thereof to the General Assembly, including the | ||||||
17 | report specified in Section 22-101(e) of the Illinois Pension | ||||||
18 | Code. | ||||||
19 | (f) The Auditor General shall annually examine the | ||||||
20 | information submitted pursuant to Section 22-101B(b)(3)(iii) | ||||||
21 | of the Illinois Pension Code and shall prepare the | ||||||
22 | determination specified in Section 22-101B(b)(3)(iv) of the | ||||||
23 | Illinois Pension Code. | ||||||
24 | (g) In fulfilling the duties under Sections 3-2.3(e) and | ||||||
25 | (f) , the Auditor General may request additional information | ||||||
26 | and support pertaining to the data and conclusions contained |
| |||||||
| |||||||
1 | in the submitted documents , and the Authority, the Board of | ||||||
2 | Trustees of the Retirement Plan , and the Board of Trustees of | ||||||
3 | the Retiree Health Care Trust shall cooperate with the Auditor | ||||||
4 | General and provide additional information as requested in a | ||||||
5 | timely manner. The Auditor General's review shall not be in | ||||||
6 | the nature of a post-audit or examination and shall not lead to | ||||||
7 | the issuance of an opinion as that term is defined in generally | ||||||
8 | accepted government auditing standards. Upon request of the | ||||||
9 | Auditor General, the Commission on Government Forecasting and | ||||||
10 | Accountability and the Public Pension Division of the | ||||||
11 | Department of Insurance Illinois Department of Financial and | ||||||
12 | Professional Regulation shall cooperate with and assist the | ||||||
13 | Auditor General in the conduct of his review. | ||||||
14 | (h) The Auditor General shall submit a bill to the | ||||||
15 | Authority for costs associated with the examinations and | ||||||
16 | reports specified in subsections (b) and (c) of this Section | ||||||
17 | 3-2.3, which the Authority shall reimburse in a timely manner. | ||||||
18 | The costs associated with the examinations and reports which | ||||||
19 | are reimbursed by the Authority shall constitute a cost of | ||||||
20 | issuance of the bonds or notes under Section 12c(b)(1) and (2) | ||||||
21 | of the Metropolitan Transit Authority Act. The amount received | ||||||
22 | shall be deposited into the fund or funds from which such costs | ||||||
23 | were paid by the Auditor General. The Auditor General shall | ||||||
24 | submit a bill to the Retirement Plan for Chicago Transit | ||||||
25 | Authority Employees for costs associated with the examinations | ||||||
26 | and reports specified in subsection (e) of this Section, which |
| |||||||
| |||||||
1 | the Retirement Plan for Chicago Transit Authority Employees | ||||||
2 | shall reimburse in a timely manner. The amount received shall | ||||||
3 | be deposited into the fund or funds from which such costs were | ||||||
4 | paid by the Auditor General. The Auditor General shall submit | ||||||
5 | a bill to the Retiree Health Care Trust for costs associated | ||||||
6 | with the determination specified in subsection (f) of this | ||||||
7 | Section, which the Retiree Health Care Trust shall reimburse | ||||||
8 | in a timely manner. The amount received shall be deposited | ||||||
9 | into the fund or funds from which such costs were paid by the | ||||||
10 | Auditor General. | ||||||
11 | (Source: P.A. 95-708, eff. 1-18-08; revised 9-20-23.)
| ||||||
12 | Section 140. The State Finance Act is amended by setting | ||||||
13 | forth and renumbering multiple versions of Sections 5.990 and | ||||||
14 | 5.991 and by changing Sections 6z-32, 6z-82, 8.3, and 12-2 as | ||||||
15 | follows:
| ||||||
16 | (30 ILCS 105/5.990) | ||||||
17 | Sec. 5.990. The Public Defender Fund. | ||||||
18 | (Source: P.A. 102-1104, eff. 12-6-22.)
| ||||||
19 | (30 ILCS 105/5.991) | ||||||
20 | Sec. 5.991. The Due Process for Youth and Families Fund. | ||||||
21 | (Source: P.A. 102-1115, eff. 1-9-23.)
| ||||||
22 | (30 ILCS 105/5.993) |
| |||||||
| |||||||
1 | Sec. 5.993 5.990 . The Abortion Care Clinical Training | ||||||
2 | Program Fund. | ||||||
3 | (Source: P.A. 102-1117, eff. 1-13-23; revised 3-27-23.)
| ||||||
4 | (30 ILCS 105/5.994) | ||||||
5 | Sec. 5.994 5.990 . The Paid Leave for All Workers Fund. | ||||||
6 | (Source: P.A. 102-1143, eff. 1-1-24; revised 12-22-23.)
| ||||||
7 | (30 ILCS 105/5.995) | ||||||
8 | Sec. 5.995 5.990 . The Hate Crimes and Bias Incident | ||||||
9 | Prevention and Response Fund. | ||||||
10 | (Source: P.A. 102-1115, eff. 1-9-23; revised 9-7-23.)
| ||||||
11 | (30 ILCS 105/5.996) | ||||||
12 | Sec. 5.996 5.990 . The Imagination Library of Illinois | ||||||
13 | Fund. | ||||||
14 | (Source: P.A. 103-8, eff. 6-7-23; revised 9-7-23.)
| ||||||
15 | (30 ILCS 105/5.997) | ||||||
16 | Sec. 5.997 5.990 . The Illinois Bullying and Cyberbullying | ||||||
17 | Prevention Fund. | ||||||
18 | (Source: P.A. 103-47, eff. 6-9-23; revised 9-7-23.)
| ||||||
19 | (30 ILCS 105/5.999) | ||||||
20 | Sec. 5.999 5.990 . The Illinois Health Benefits Exchange | ||||||
21 | Fund. |
| |||||||
| |||||||
1 | (Source: P.A. 103-103, eff. 6-27-23; revised 9-7-23.)
| ||||||
2 | (30 ILCS 105/5.1000) | ||||||
3 | Sec. 5.1000 5.990 . The Tick Research, Education, and | ||||||
4 | Evaluation Fund. | ||||||
5 | (Source: P.A. 103-163, eff. 1-1-24; revised 9-22-23.)
| ||||||
6 | (30 ILCS 105/5.1001) | ||||||
7 | Sec. 5.1001 5.990 . The License to Read Fund. | ||||||
8 | (Source: P.A. 103-267, eff. 6-30-23; revised 9-22-23.)
| ||||||
9 | (30 ILCS 105/5.1002) | ||||||
10 | Sec. 5.1002 5.990 . The Outdoor Rx Program Fund. | ||||||
11 | (Source: P.A. 103-284, eff. 1-1-24; revised 9-22-23.)
| ||||||
12 | (30 ILCS 105/5.1003) | ||||||
13 | Sec. 5.1003 5.990 . The UNCF Scholarship Fund. | ||||||
14 | (Source: P.A. 103-381, eff. 7-28-23; revised 9-22-23.)
| ||||||
15 | (30 ILCS 105/5.1004) | ||||||
16 | Sec. 5.1004 5.990 . The Hunger-Free Campus Grant Fund. | ||||||
17 | (Source: P.A. 103-435, eff. 8-4-23; revised 9-22-23.)
| ||||||
18 | (30 ILCS 105/5.1005) | ||||||
19 | Sec. 5.1005 5.990 . The Repatriation and Reinterment Fund. | ||||||
20 | (Source: P.A. 103-446, eff. 8-4-23; revised 9-22-23.)
|
| |||||||
| |||||||
1 | (30 ILCS 105/5.1006) | ||||||
2 | Sec. 5.1006 5.990 . The Illinois Graduate and Retain Our | ||||||
3 | Workforce (iGROW) Tech Scholarship Fund. | ||||||
4 | (Source: P.A. 103-519, eff. 1-1-24; revised 9-22-23.)
| ||||||
5 | (30 ILCS 105/5.1007) | ||||||
6 | (Section scheduled to be repealed on January 1, 2027) | ||||||
7 | Sec. 5.1007 5.990 . The Antitrust Enforcement Fund. This | ||||||
8 | Section is repealed on January 1, 2027. | ||||||
9 | (Source: P.A. 103-526, eff. 1-1-24; revised 9-22-23.)
| ||||||
10 | (30 ILCS 105/5.1008) | ||||||
11 | Sec. 5.1008 5.990 . The MAP Refund Fund. | ||||||
12 | (Source: P.A. 103-536, eff. 8-11-23; revised 9-22-23.)
| ||||||
13 | (30 ILCS 105/5.1009) | ||||||
14 | Sec. 5.1009 5.990 . The Lyme Disease Awareness Fund. | ||||||
15 | (Source: P.A. 103-557, eff. 8-11-23; revised 9-22-23.)
| ||||||
16 | (30 ILCS 105/5.1010) | ||||||
17 | Sec. 5.1010 5.991 . The Industrial Biotechnology Human | ||||||
18 | Capital Fund. | ||||||
19 | (Source: P.A. 103-363, eff. 7-28-23; revised 9-22-23.)
| ||||||
20 | (30 ILCS 105/5.1011) |
| |||||||
| |||||||
1 | Sec. 5.1011 5.991 . The Illinois DREAM Fund. | ||||||
2 | (Source: P.A. 103-381, eff. 7-28-23; revised 9-22-23.)
| ||||||
3 | (30 ILCS 105/6z-32) | ||||||
4 | Sec. 6z-32. Partners for Planning and Conservation. | ||||||
5 | (a) The Partners for Conservation Fund (formerly known as | ||||||
6 | the Conservation 2000 Fund) and the Partners for Conservation | ||||||
7 | Projects Fund (formerly known as the Conservation 2000 | ||||||
8 | Projects Fund) are created as special funds in the State | ||||||
9 | Treasury. These funds shall be used to establish a | ||||||
10 | comprehensive program to protect Illinois' natural resources | ||||||
11 | through cooperative partnerships between State government and | ||||||
12 | public and private landowners. Moneys in these Funds may be | ||||||
13 | used, subject to appropriation, by the Department of Natural | ||||||
14 | Resources, Environmental Protection Agency, and the Department | ||||||
15 | of Agriculture for purposes relating to natural resource | ||||||
16 | protection, planning, recreation, tourism, climate resilience, | ||||||
17 | and compatible agricultural and economic development | ||||||
18 | activities. Without limiting these general purposes, moneys in | ||||||
19 | these Funds may be used, subject to appropriation, for the | ||||||
20 | following specific purposes: | ||||||
21 | (1) To foster sustainable agriculture practices and | ||||||
22 | control soil erosion, sedimentation, and nutrient loss | ||||||
23 | from farmland, including grants to Soil and Water | ||||||
24 | Conservation Districts for conservation practice | ||||||
25 | cost-share grants and for personnel, educational, and |
| |||||||
| |||||||
1 | administrative expenses. | ||||||
2 | (2) To establish and protect a system of ecosystems in | ||||||
3 | public and private ownership through conservation | ||||||
4 | easements, incentives to public and private landowners, | ||||||
5 | natural resource restoration and preservation, water | ||||||
6 | quality protection and improvement, land use and watershed | ||||||
7 | planning, technical assistance and grants, and land | ||||||
8 | acquisition provided these mechanisms are all voluntary on | ||||||
9 | the part of the landowner and do not involve the use of | ||||||
10 | eminent domain. | ||||||
11 | (3) To develop a systematic and long-term program to | ||||||
12 | effectively measure and monitor natural resources and | ||||||
13 | ecological conditions through investments in technology | ||||||
14 | and involvement of scientific experts. | ||||||
15 | (4) To initiate strategies to enhance, use, and | ||||||
16 | maintain Illinois' inland lakes through education, | ||||||
17 | technical assistance, research, and financial incentives. | ||||||
18 | (5) To partner with private landowners and with units | ||||||
19 | of State, federal, and local government and with | ||||||
20 | not-for-profit organizations in order to integrate State | ||||||
21 | and federal programs with Illinois' natural resource | ||||||
22 | protection and restoration efforts and to meet | ||||||
23 | requirements to obtain federal and other funds for | ||||||
24 | conservation or protection of natural resources. | ||||||
25 | (6) To support the State's Nutrient Loss Reduction | ||||||
26 | Strategy, including, but not limited to, funding the |
| ||||||||||||||||||||||
| ||||||||||||||||||||||
1 | resources needed to support the Strategy's Policy Working | |||||||||||||||||||||
2 | Group, cover water quality monitoring in support of | |||||||||||||||||||||
3 | Strategy implementation, prepare a biennial report on the | |||||||||||||||||||||
4 | progress made on the Strategy every 2 years, and provide | |||||||||||||||||||||
5 | cost share funding for nutrient capture projects. | |||||||||||||||||||||
6 | (7) To provide capacity grants to support soil and | |||||||||||||||||||||
7 | water conservation districts, including, but not limited | |||||||||||||||||||||
8 | to, developing soil health plans, conducting soil health | |||||||||||||||||||||
9 | assessments, peer-to-peer training, convening | |||||||||||||||||||||
10 | producer-led dialogues, professional memberships, lab | |||||||||||||||||||||
11 | analysis, and and travel stipends for meetings and | |||||||||||||||||||||
12 | educational events. | |||||||||||||||||||||
13 | (8) To develop guidelines and local soil health | |||||||||||||||||||||
14 | assessments for advancing soil health. | |||||||||||||||||||||
15 | (b) The State Comptroller and State Treasurer shall | |||||||||||||||||||||
16 | automatically transfer on the last day of each month, | |||||||||||||||||||||
17 | beginning on September 30, 1995 and ending on June 30, 2024, | |||||||||||||||||||||
18 | from the General Revenue Fund to the Partners for Conservation | |||||||||||||||||||||
19 | Fund, an amount equal to 1/10 of the amount set forth below in | |||||||||||||||||||||
20 | fiscal year 1996 and an amount equal to 1/12 of the amount set | |||||||||||||||||||||
21 | forth below in each of the other specified fiscal years: | |||||||||||||||||||||
|
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||
14 | (c) The State Comptroller and State Treasurer shall | |||||||||||||||||||||||||||||||||||||||||||||||||||||
15 | automatically transfer on the last day of each month beginning | |||||||||||||||||||||||||||||||||||||||||||||||||||||
16 | on July 31, 2021 and ending June 30, 2022, from the | |||||||||||||||||||||||||||||||||||||||||||||||||||||
17 | Environmental Protection Permit and Inspection Fund to the | |||||||||||||||||||||||||||||||||||||||||||||||||||||
18 | Partners for Conservation Fund, an amount equal to 1/12 of | |||||||||||||||||||||||||||||||||||||||||||||||||||||
19 | $4,135,000. | |||||||||||||||||||||||||||||||||||||||||||||||||||||
20 | (c-1) The State Comptroller and State Treasurer shall | |||||||||||||||||||||||||||||||||||||||||||||||||||||
21 | automatically transfer on the last day of each month beginning | |||||||||||||||||||||||||||||||||||||||||||||||||||||
22 | on July 31, 2022 and ending June 30, 2023, from the | |||||||||||||||||||||||||||||||||||||||||||||||||||||
23 | Environmental Protection Permit and Inspection Fund to the | |||||||||||||||||||||||||||||||||||||||||||||||||||||
24 | Partners for Conservation Fund, an amount equal to 1/12 of | |||||||||||||||||||||||||||||||||||||||||||||||||||||
25 | $5,900,000. | |||||||||||||||||||||||||||||||||||||||||||||||||||||
26 | (d) There shall be deposited into the Partners for |
| |||||||
| |||||||
1 | Conservation Projects Fund such bond proceeds and other moneys | ||||||
2 | as may, from time to time, be provided by law. | ||||||
3 | (Source: P.A. 102-16, eff. 6-17-21; 102-699, eff. 4-19-22; | ||||||
4 | 103-8, eff. 6-7-23; 103-494, eff. 8-4-23; revised 9-7-23.)
| ||||||
5 | (30 ILCS 105/6z-82) | ||||||
6 | Sec. 6z-82. State Police Operations Assistance Fund. | ||||||
7 | (a) There is created in the State treasury a special fund | ||||||
8 | known as the State Police Operations Assistance Fund. The Fund | ||||||
9 | shall receive revenue under the Criminal and Traffic | ||||||
10 | Assessment Act. The Fund may also receive revenue from grants, | ||||||
11 | donations, appropriations, and any other legal source. | ||||||
12 | (a-5) (Blank). This Fund may charge, collect, and receive | ||||||
13 | fees or moneys as described in Section 15-312 of the Illinois | ||||||
14 | Vehicle Code , and receive all fees received by the Illinois | ||||||
15 | State Police under that Section. The moneys shall be used by | ||||||
16 | the Illinois State Police for its expenses in providing police | ||||||
17 | escorts and commercial vehicle enforcement activities. | ||||||
18 | (b) The Illinois State Police may use moneys in the Fund to | ||||||
19 | finance any of its lawful purposes or functions. | ||||||
20 | (c) Expenditures may be made from the Fund only as | ||||||
21 | appropriated by the General Assembly by law. | ||||||
22 | (d) Investment income that is attributable to the | ||||||
23 | investment of moneys in the Fund shall be retained in the Fund | ||||||
24 | for the uses specified in this Section. | ||||||
25 | (e) The State Police Operations Assistance Fund shall not |
| |||||||
| |||||||
1 | be subject to administrative chargebacks. | ||||||
2 | (f) (Blank). | ||||||
3 | (g) (Blank). | ||||||
4 | (h) Notwithstanding any other provision of law, in | ||||||
5 | addition to any other transfers that may be provided by law, on | ||||||
6 | June 9, 2023 ( the effective date of Public Act 103-34) this | ||||||
7 | amendatory Act of the 103rd General Assembly , or as soon | ||||||
8 | thereafter as practical, the State Comptroller shall direct | ||||||
9 | and the State Treasurer shall transfer the remaining balance | ||||||
10 | from the State Police Streetgang-Related Crime Fund to the | ||||||
11 | State Police Operations Assistance Fund. Upon completion of | ||||||
12 | the transfers, the State Police Streetgang-Related Crime Fund | ||||||
13 | is dissolved, and any future deposits into the State Police | ||||||
14 | Streetgang-Related Crime Fund and any outstanding obligations | ||||||
15 | or liabilities of the State Police Streetgang-Related Crime | ||||||
16 | Fund pass to the State Police Operations Assistance Fund. | ||||||
17 | (Source: P.A. 102-16, eff. 6-17-21; 102-505, eff. 8-20-21; | ||||||
18 | 102-538, eff. 8-20-21; 102-813, eff. 5-13-22; 103-34, eff. | ||||||
19 | 6-9-23; 103-363, eff. 7-28-23; revised 9-7-23.)
| ||||||
20 | (30 ILCS 105/8.3) | ||||||
21 | Sec. 8.3. Money in the Road Fund shall, if and when the | ||||||
22 | State of Illinois incurs any bonded indebtedness for the | ||||||
23 | construction of permanent highways, be set aside and used for | ||||||
24 | the purpose of paying and discharging annually the principal | ||||||
25 | and interest on that bonded indebtedness then due and payable, |
| |||||||
| |||||||
1 | and for no other purpose. The surplus, if any, in the Road Fund | ||||||
2 | after the payment of principal and interest on that bonded | ||||||
3 | indebtedness then annually due shall be used as follows: | ||||||
4 | first -- to pay the cost of administration of Chapters | ||||||
5 | 2 through 10 of the Illinois Vehicle Code, except the cost | ||||||
6 | of administration of Articles I and II of Chapter 3 of that | ||||||
7 | Code, and to pay the costs of the Executive Ethics | ||||||
8 | Commission for oversight and administration of the Chief | ||||||
9 | Procurement Officer appointed under paragraph (2) of | ||||||
10 | subsection (a) of Section 10-20 of the Illinois | ||||||
11 | Procurement Code for transportation; and | ||||||
12 | secondly -- for expenses of the Department of | ||||||
13 | Transportation for construction, reconstruction, | ||||||
14 | improvement, repair, maintenance, operation, and | ||||||
15 | administration of highways in accordance with the | ||||||
16 | provisions of laws relating thereto, or for any purpose | ||||||
17 | related or incident to and connected therewith, including | ||||||
18 | the separation of grades of those highways with railroads | ||||||
19 | and with highways and including the payment of awards made | ||||||
20 | by the Illinois Workers' Compensation Commission under the | ||||||
21 | terms of the Workers' Compensation Act or Workers' | ||||||
22 | Occupational Diseases Act for injury or death of an | ||||||
23 | employee of the Division of Highways in the Department of | ||||||
24 | Transportation; or for the acquisition of land and the | ||||||
25 | erection of buildings for highway purposes, including the | ||||||
26 | acquisition of highway right-of-way or for investigations |
| |||||||
| |||||||
1 | to determine the reasonably anticipated future highway | ||||||
2 | needs; or for making of surveys, plans, specifications and | ||||||
3 | estimates for and in the construction and maintenance of | ||||||
4 | flight strips and of highways necessary to provide access | ||||||
5 | to military and naval reservations, to defense industries | ||||||
6 | and defense-industry sites, and to the sources of raw | ||||||
7 | materials and for replacing existing highways and highway | ||||||
8 | connections shut off from general public use at military | ||||||
9 | and naval reservations and defense-industry sites, or for | ||||||
10 | the purchase of right-of-way, except that the State shall | ||||||
11 | be reimbursed in full for any expense incurred in building | ||||||
12 | the flight strips; or for the operating and maintaining of | ||||||
13 | highway garages; or for patrolling and policing the public | ||||||
14 | highways and conserving the peace; or for the operating | ||||||
15 | expenses of the Department relating to the administration | ||||||
16 | of public transportation programs; or, during fiscal year | ||||||
17 | 2023, for the purposes of a grant not to exceed $8,394,800 | ||||||
18 | to the Regional Transportation Authority on behalf of PACE | ||||||
19 | for the purpose of ADA/Para-transit expenses; or, during | ||||||
20 | fiscal year 2024, for the purposes of a grant not to exceed | ||||||
21 | $9,108,400 to the Regional Transportation Authority on | ||||||
22 | behalf of PACE for the purpose of ADA/Para-transit | ||||||
23 | expenses; or for any of those purposes or any other | ||||||
24 | purpose that may be provided by law. | ||||||
25 | Appropriations for any of those purposes are payable from | ||||||
26 | the Road Fund. Appropriations may also be made from the Road |
| |||||||
| |||||||
1 | Fund for the administrative expenses of any State agency that | ||||||
2 | are related to motor vehicles or arise from the use of motor | ||||||
3 | vehicles. | ||||||
4 | Beginning with fiscal year 1980 and thereafter, no Road | ||||||
5 | Fund monies shall be appropriated to the following Departments | ||||||
6 | or agencies of State government for administration, grants, or | ||||||
7 | operations; but this limitation is not a restriction upon | ||||||
8 | appropriating for those purposes any Road Fund monies that are | ||||||
9 | eligible for federal reimbursement: | ||||||
10 | 1. Department of Public Health; | ||||||
11 | 2. Department of Transportation, only with respect to | ||||||
12 | subsidies for one-half fare Student Transportation and | ||||||
13 | Reduced Fare for Elderly, except fiscal year 2023 when no | ||||||
14 | more than $17,570,000 may be expended and except fiscal | ||||||
15 | year 2024 when no more than $19,063,500 may be expended; | ||||||
16 | 3. Department of Central Management Services, except | ||||||
17 | for expenditures incurred for group insurance premiums of | ||||||
18 | appropriate personnel; | ||||||
19 | 4. Judicial Systems and Agencies. | ||||||
20 | Beginning with fiscal year 1981 and thereafter, no Road | ||||||
21 | Fund monies shall be appropriated to the following Departments | ||||||
22 | or agencies of State government for administration, grants, or | ||||||
23 | operations; but this limitation is not a restriction upon | ||||||
24 | appropriating for those purposes any Road Fund monies that are | ||||||
25 | eligible for federal reimbursement: | ||||||
26 | 1. Illinois State Police, except for expenditures with |
| |||||||
| |||||||
1 | respect to the Division of Patrol and Division of Criminal | ||||||
2 | Investigation; | ||||||
3 | 2. Department of Transportation, only with respect to | ||||||
4 | Intercity Rail Subsidies, except fiscal year 2023 when no | ||||||
5 | more than $55,000,000 may be expended and except fiscal | ||||||
6 | year 2024 when no more than $60,000,000 may be expended, | ||||||
7 | and Rail Freight Services. | ||||||
8 | Beginning with fiscal year 1982 and thereafter, no Road | ||||||
9 | Fund monies shall be appropriated to the following Departments | ||||||
10 | or agencies of State government for administration, grants, or | ||||||
11 | operations; but this limitation is not a restriction upon | ||||||
12 | appropriating for those purposes any Road Fund monies that are | ||||||
13 | eligible for federal reimbursement: Department of Central | ||||||
14 | Management Services, except for awards made by the Illinois | ||||||
15 | Workers' Compensation Commission under the terms of the | ||||||
16 | Workers' Compensation Act or Workers' Occupational Diseases | ||||||
17 | Act for injury or death of an employee of the Division of | ||||||
18 | Highways in the Department of Transportation. | ||||||
19 | Beginning with fiscal year 1984 and thereafter, no Road | ||||||
20 | Fund monies shall be appropriated to the following Departments | ||||||
21 | or agencies of State government for administration, grants, or | ||||||
22 | operations; but this limitation is not a restriction upon | ||||||
23 | appropriating for those purposes any Road Fund monies that are | ||||||
24 | eligible for federal reimbursement: | ||||||
25 | 1. Illinois State Police, except not more than 40% of | ||||||
26 | the funds appropriated for the Division of Patrol and |
| |||||||
| |||||||
1 | Division of Criminal Investigation; | ||||||
2 | 2. State Officers. | ||||||
3 | Beginning with fiscal year 1984 and thereafter, no Road | ||||||
4 | Fund monies shall be appropriated to any Department or agency | ||||||
5 | of State government for administration, grants, or operations | ||||||
6 | except as provided hereafter; but this limitation is not a | ||||||
7 | restriction upon appropriating for those purposes any Road | ||||||
8 | Fund monies that are eligible for federal reimbursement. It | ||||||
9 | shall not be lawful to circumvent the above appropriation | ||||||
10 | limitations by governmental reorganization or other methods. | ||||||
11 | Appropriations shall be made from the Road Fund only in | ||||||
12 | accordance with the provisions of this Section. | ||||||
13 | Money in the Road Fund shall, if and when the State of | ||||||
14 | Illinois incurs any bonded indebtedness for the construction | ||||||
15 | of permanent highways, be set aside and used for the purpose of | ||||||
16 | paying and discharging during each fiscal year the principal | ||||||
17 | and interest on that bonded indebtedness as it becomes due and | ||||||
18 | payable as provided in the Transportation Bond Act, and for no | ||||||
19 | other purpose. The surplus, if any, in the Road Fund after the | ||||||
20 | payment of principal and interest on that bonded indebtedness | ||||||
21 | then annually due shall be used as follows: | ||||||
22 | first -- to pay the cost of administration of Chapters | ||||||
23 | 2 through 10 of the Illinois Vehicle Code; and | ||||||
24 | secondly -- no Road Fund monies derived from fees, | ||||||
25 | excises, or license taxes relating to registration, | ||||||
26 | operation and use of vehicles on public highways or to |
| |||||||
| |||||||
1 | fuels used for the propulsion of those vehicles, shall be | ||||||
2 | appropriated or expended other than for costs of | ||||||
3 | administering the laws imposing those fees, excises, and | ||||||
4 | license taxes, statutory refunds and adjustments allowed | ||||||
5 | thereunder, administrative costs of the Department of | ||||||
6 | Transportation, including, but not limited to, the | ||||||
7 | operating expenses of the Department relating to the | ||||||
8 | administration of public transportation programs, payment | ||||||
9 | of debts and liabilities incurred in construction and | ||||||
10 | reconstruction of public highways and bridges, acquisition | ||||||
11 | of rights-of-way for and the cost of construction, | ||||||
12 | reconstruction, maintenance, repair, and operation of | ||||||
13 | public highways and bridges under the direction and | ||||||
14 | supervision of the State, political subdivision, or | ||||||
15 | municipality collecting those monies, or during fiscal | ||||||
16 | year 2023 for the purposes of a grant not to exceed | ||||||
17 | $8,394,800 to the Regional Transportation Authority on | ||||||
18 | behalf of PACE for the purpose of ADA/Para-transit | ||||||
19 | expenses, or during fiscal year 2024 for the purposes of a | ||||||
20 | grant not to exceed $9,108,400 to the Regional | ||||||
21 | Transportation Authority on behalf of PACE for the purpose | ||||||
22 | of ADA/Para-transit expenses, and the costs for patrolling | ||||||
23 | and policing the public highways (by the State, political | ||||||
24 | subdivision, or municipality collecting that money) for | ||||||
25 | enforcement of traffic laws. The separation of grades of | ||||||
26 | such highways with railroads and costs associated with |
| |||||||
| |||||||
1 | protection of at-grade highway and railroad crossing shall | ||||||
2 | also be permissible. | ||||||
3 | Appropriations for any of such purposes are payable from | ||||||
4 | the Road Fund or the Grade Crossing Protection Fund as | ||||||
5 | provided in Section 8 of the Motor Fuel Tax Law. | ||||||
6 | Except as provided in this paragraph, beginning with | ||||||
7 | fiscal year 1991 and thereafter, no Road Fund monies shall be | ||||||
8 | appropriated to the Illinois State Police for the purposes of | ||||||
9 | this Section in excess of its total fiscal year 1990 Road Fund | ||||||
10 | appropriations for those purposes unless otherwise provided in | ||||||
11 | Section 5g of this Act. For fiscal years 2003, 2004, 2005, | ||||||
12 | 2006, and 2007 only, no Road Fund monies shall be appropriated | ||||||
13 | to the Department of State Police for the purposes of this | ||||||
14 | Section in excess of $97,310,000. For fiscal year 2008 only, | ||||||
15 | no Road Fund monies shall be appropriated to the Department of | ||||||
16 | State Police for the purposes of this Section in excess of | ||||||
17 | $106,100,000. For fiscal year 2009 only, no Road Fund monies | ||||||
18 | shall be appropriated to the Department of State Police for | ||||||
19 | the purposes of this Section in excess of $114,700,000. | ||||||
20 | Beginning in fiscal year 2010, no Road Fund road fund moneys | ||||||
21 | shall be appropriated to the Illinois State Police. It shall | ||||||
22 | not be lawful to circumvent this limitation on appropriations | ||||||
23 | by governmental reorganization or other methods unless | ||||||
24 | otherwise provided in Section 5g of this Act. | ||||||
25 | In fiscal year 1994, no Road Fund monies shall be | ||||||
26 | appropriated to the Secretary of State for the purposes of |
| ||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||
1 | this Section in excess of the total fiscal year 1991 Road Fund | |||||||||||||||||||||||||||||||||||||||||
2 | appropriations to the Secretary of State for those purposes, | |||||||||||||||||||||||||||||||||||||||||
3 | plus $9,800,000. It shall not be lawful to circumvent this | |||||||||||||||||||||||||||||||||||||||||
4 | limitation on appropriations by governmental reorganization or | |||||||||||||||||||||||||||||||||||||||||
5 | other method. | |||||||||||||||||||||||||||||||||||||||||
6 | Beginning with fiscal year 1995 and thereafter, no Road | |||||||||||||||||||||||||||||||||||||||||
7 | Fund monies shall be appropriated to the Secretary of State | |||||||||||||||||||||||||||||||||||||||||
8 | for the purposes of this Section in excess of the total fiscal | |||||||||||||||||||||||||||||||||||||||||
9 | year 1994 Road Fund appropriations to the Secretary of State | |||||||||||||||||||||||||||||||||||||||||
10 | for those purposes. It shall not be lawful to circumvent this | |||||||||||||||||||||||||||||||||||||||||
11 | limitation on appropriations by governmental reorganization or | |||||||||||||||||||||||||||||||||||||||||
12 | other methods. | |||||||||||||||||||||||||||||||||||||||||
13 | Beginning with fiscal year 2000, total Road Fund | |||||||||||||||||||||||||||||||||||||||||
14 | appropriations to the Secretary of State for the purposes of | |||||||||||||||||||||||||||||||||||||||||
15 | this Section shall not exceed the amounts specified for the | |||||||||||||||||||||||||||||||||||||||||
16 | following fiscal years: | |||||||||||||||||||||||||||||||||||||||||
|
| |||||||
| |||||||
1 | For fiscal year 2010, no road fund moneys shall be | ||||||
2 | appropriated to the Secretary of State. | ||||||
3 | Beginning in fiscal year 2011, moneys in the Road Fund | ||||||
4 | shall be appropriated to the Secretary of State for the | ||||||
5 | exclusive purpose of paying refunds due to overpayment of fees | ||||||
6 | related to Chapter 3 of the Illinois Vehicle Code unless | ||||||
7 | otherwise provided for by law. | ||||||
8 | It shall not be lawful to circumvent this limitation on | ||||||
9 | appropriations by governmental reorganization or other | ||||||
10 | methods. | ||||||
11 | No new program may be initiated in fiscal year 1991 and | ||||||
12 | thereafter that is not consistent with the limitations imposed | ||||||
13 | by this Section for fiscal year 1984 and thereafter, insofar | ||||||
14 | as appropriation of Road Fund monies is concerned. | ||||||
15 | Nothing in this Section prohibits transfers from the Road | ||||||
16 | Fund to the State Construction Account Fund under Section 5e | ||||||
17 | of this Act; nor to the General Revenue Fund, as authorized by | ||||||
18 | Public Act 93-25. | ||||||
19 | The additional amounts authorized for expenditure in this | ||||||
20 | Section by Public Acts 92-0600, 93-0025, 93-0839, and 94-91 | ||||||
21 | shall be repaid to the Road Fund from the General Revenue Fund | ||||||
22 | in the next succeeding fiscal year that the General Revenue | ||||||
23 | Fund has a positive budgetary balance, as determined by | ||||||
24 | generally accepted accounting principles applicable to | ||||||
25 | government. | ||||||
26 | The additional amounts authorized for expenditure by the |
| |||||||
| |||||||
1 | Secretary of State and the Department of State Police in this | ||||||
2 | Section by Public Act 94-91 shall be repaid to the Road Fund | ||||||
3 | from the General Revenue Fund in the next succeeding fiscal | ||||||
4 | year that the General Revenue Fund has a positive budgetary | ||||||
5 | balance, as determined by generally accepted accounting | ||||||
6 | principles applicable to government. | ||||||
7 | (Source: P.A. 102-16, eff. 6-17-21; 102-538, eff. 8-20-21; | ||||||
8 | 102-699, eff. 4-19-22; 102-813, eff. 5-13-22; 103-8, eff. | ||||||
9 | 6-7-23; 103-34, eff. 1-1-24; revised 12-12-23.)
| ||||||
10 | (30 ILCS 105/12-2) (from Ch. 127, par. 148-2) | ||||||
11 | Sec. 12-2. Travel Regulation Council; State travel | ||||||
12 | reimbursement. | ||||||
13 | (a) The chairmen of the travel control boards established | ||||||
14 | by Section 12-1, or their designees, shall together comprise | ||||||
15 | the Travel Regulation Council. The Travel Regulation Council | ||||||
16 | shall be chaired by the Director of Central Management | ||||||
17 | Services, who shall be a nonvoting member of the Council, | ||||||
18 | unless he is otherwise qualified to vote by virtue of being the | ||||||
19 | designee of a voting member. No later than March 1, 1986, and | ||||||
20 | at least biennially thereafter, the Council shall adopt State | ||||||
21 | Travel Regulations and Reimbursement Rates which shall be | ||||||
22 | applicable to all personnel subject to the jurisdiction of the | ||||||
23 | travel control boards established by Section 12-1. An | ||||||
24 | affirmative vote of a majority of the members of the Council | ||||||
25 | shall be required to adopt regulations and reimbursement |
| |||||||
| |||||||
1 | rates. If the Council fails to adopt regulations by March 1 of | ||||||
2 | any odd-numbered year, the Director of Central Management | ||||||
3 | Services shall adopt emergency regulations and reimbursement | ||||||
4 | rates pursuant to the Illinois Administrative Procedure Act. | ||||||
5 | As soon as practicable after January 23, 2023 ( the effective | ||||||
6 | date of Public Act 102-1119) this amendatory Act of the 102nd | ||||||
7 | General Assembly , the Travel Regulation Council and the Higher | ||||||
8 | Education Travel Control Board shall adopt amendments to their | ||||||
9 | existing rules to ensure that reimbursement rates for public | ||||||
10 | institutions of higher education, as defined in Section 1-13 | ||||||
11 | of the Illinois Procurement Code, are set in accordance with | ||||||
12 | the requirements of subsection (f) of this Section. | ||||||
13 | (b) (Blank). | ||||||
14 | (c) (Blank). | ||||||
15 | (d) Reimbursements to travelers shall be made pursuant to | ||||||
16 | the rates and regulations applicable to the respective State | ||||||
17 | agency as of January 1, 1986 ( the effective date of Public Act | ||||||
18 | 84-345) this amendatory Act , until the State Travel | ||||||
19 | Regulations and Reimbursement Rates established by this | ||||||
20 | Section are adopted and effective. | ||||||
21 | (e) (Blank). | ||||||
22 | (f) (f) Notwithstanding any rule or law to the contrary, | ||||||
23 | State travel reimbursement rates for lodging and mileage for | ||||||
24 | automobile travel, as well as allowances for meals, shall be | ||||||
25 | set at the maximum rates established by the federal government | ||||||
26 | for travel expenses, subsistence expenses, and mileage |
| |||||||
| |||||||
1 | allowances under 5 U.S.C. 5701 through 5711 and any | ||||||
2 | regulations promulgated thereunder. If the rates set under | ||||||
3 | federal regulations increase or decrease during the course of | ||||||
4 | the State's fiscal year, the effective date of the new rate | ||||||
5 | shall be the effective date of the change in the federal rate. | ||||||
6 | (Source: P.A. 102-1119, eff. 1-23-23; 103-8, eff. 1-1-24; | ||||||
7 | revised 1-2-24.)
| ||||||
8 | Section 145. The General Obligation Bond Act is amended by | ||||||
9 | changing Section 11 as follows:
| ||||||
10 | (30 ILCS 330/11) (from Ch. 127, par. 661) | ||||||
11 | Sec. 11. Sale of Bonds. Except as otherwise provided in | ||||||
12 | this Section, Bonds shall be sold from time to time pursuant to | ||||||
13 | notice of sale and public bid or by negotiated sale in such | ||||||
14 | amounts and at such times as is directed by the Governor, upon | ||||||
15 | recommendation by the Director of the Governor's Office of | ||||||
16 | Management and Budget. At least 25%, based on total principal | ||||||
17 | amount, of all Bonds issued each fiscal year shall be sold | ||||||
18 | pursuant to notice of sale and public bid. At all times during | ||||||
19 | each fiscal year, no more than 75%, based on total principal | ||||||
20 | amount, of the Bonds issued each fiscal year, shall have been | ||||||
21 | sold by negotiated sale. Failure to satisfy the requirements | ||||||
22 | in the preceding 2 sentences shall not affect the validity of | ||||||
23 | any previously issued Bonds; provided that all Bonds | ||||||
24 | authorized by Public Act 96-43 and Public Act 96-1497 shall |
| |||||||
| |||||||
1 | not be included in determining compliance for any fiscal year | ||||||
2 | with the requirements of the preceding 2 sentences; and | ||||||
3 | further provided that refunding Bonds satisfying the | ||||||
4 | requirements of Section 16 of this Act shall not be subject to | ||||||
5 | the requirements in the preceding 2 sentences. | ||||||
6 | The Director of the Governor's Office of Management and | ||||||
7 | Budget shall comply in the selection of any bond counsel with | ||||||
8 | the competitive request for proposal process set forth in the | ||||||
9 | Illinois Procurement Code and all other applicable | ||||||
10 | requirements of that Code. The Director of the Governor's | ||||||
11 | Office of Management and Budget may select any financial | ||||||
12 | advisor from a pool of qualified advisors established pursuant | ||||||
13 | to a request for qualifications. If any Bonds, including | ||||||
14 | refunding Bonds, are to be sold by negotiated sale, the | ||||||
15 | Director of the Governor's Office of Management and Budget | ||||||
16 | shall select any underwriter from a pool of qualified | ||||||
17 | underwriters established pursuant to a request for | ||||||
18 | qualifications. | ||||||
19 | If Bonds are to be sold pursuant to notice of sale and | ||||||
20 | public bid, the Director of the Governor's Office of | ||||||
21 | Management and Budget may, from time to time, as Bonds are to | ||||||
22 | be sold, advertise the sale of the Bonds in at least 2 daily | ||||||
23 | newspapers, one of which is published in the City of | ||||||
24 | Springfield and one in the City of Chicago. The sale of the | ||||||
25 | Bonds shall be advertised in the BidBuy eProcurement System or | ||||||
26 | any successor procurement platform maintained by the Chief |
| |||||||
| |||||||
1 | Procurement Officer for General Services , and shall be | ||||||
2 | published once at least 10 days prior to the date fixed for the | ||||||
3 | opening of the bids. The Director of the Governor's Office of | ||||||
4 | Management and Budget may reschedule the date of sale upon the | ||||||
5 | giving of such additional notice as the Director deems | ||||||
6 | adequate to inform prospective bidders of such change; | ||||||
7 | provided, however, that all other conditions of the sale shall | ||||||
8 | continue as originally advertised. | ||||||
9 | Executed Bonds shall, upon payment therefor, be delivered | ||||||
10 | to the purchaser, and the proceeds of Bonds shall be paid into | ||||||
11 | the State Treasury as directed by Section 12 of this Act. | ||||||
12 | All Income Tax Proceed Bonds shall comply with this | ||||||
13 | Section. Notwithstanding anything to the contrary, however, | ||||||
14 | for purposes of complying with this Section, Income Tax | ||||||
15 | Proceed Bonds, regardless of the number of series or issuances | ||||||
16 | sold thereunder, shall be considered a single issue or series. | ||||||
17 | Furthermore, for purposes of complying with the competitive | ||||||
18 | bidding requirements of this Section, the words "at all times" | ||||||
19 | shall not apply to any such sale of the Income Tax Proceed | ||||||
20 | Bonds. The Director of the Governor's Office of Management and | ||||||
21 | Budget shall determine the time and manner of any competitive | ||||||
22 | sale of the Income Tax Proceed Bonds; however, that sale shall | ||||||
23 | under no circumstances take place later than 60 days after the | ||||||
24 | State closes the sale of 75% of the Income Tax Proceed Bonds by | ||||||
25 | negotiated sale. | ||||||
26 | All State Pension Obligation Acceleration Bonds shall |
| |||||||
| |||||||
1 | comply with this Section. Notwithstanding anything to the | ||||||
2 | contrary, however, for purposes of complying with this | ||||||
3 | Section, State Pension Obligation Acceleration Bonds, | ||||||
4 | regardless of the number of series or issuances sold | ||||||
5 | thereunder, shall be considered a single issue or series. | ||||||
6 | Furthermore, for purposes of complying with the competitive | ||||||
7 | bidding requirements of this Section, the words "at all times" | ||||||
8 | shall not apply to any such sale of the State Pension | ||||||
9 | Obligation Acceleration Bonds. The Director of the Governor's | ||||||
10 | Office of Management and Budget shall determine the time and | ||||||
11 | manner of any competitive sale of the State Pension Obligation | ||||||
12 | Acceleration Bonds; however, that sale shall under no | ||||||
13 | circumstances take place later than 60 days after the State | ||||||
14 | closes the sale of 75% of the State Pension Obligation | ||||||
15 | Acceleration Bonds by negotiated sale. | ||||||
16 | (Source: P.A. 103-7, eff. 7-1-23; revised 9-20-23.)
| ||||||
17 | Section 150. The Capital Development Bond Act of 1972 is | ||||||
18 | amended by changing Section 3 as follows:
| ||||||
19 | (30 ILCS 420/3) (from Ch. 127, par. 753) | ||||||
20 | Sec. 3. The State of Illinois is authorized to issue, sell | ||||||
21 | and provide for the retirement of general obligation bonds of | ||||||
22 | the State of Illinois in the amount of $1,737,000,000 | ||||||
23 | hereinafter called the "Bonds", for the specific purpose of | ||||||
24 | providing funds for the acquisition, development, |
| |||||||
| |||||||
1 | construction, reconstruction, improvement, financing, | ||||||
2 | architectural planning and installation of capital facilities | ||||||
3 | consisting of buildings, structures, and durable equipment and | ||||||
4 | for the acquisition and improvement of real property and | ||||||
5 | interests in real property required, or expected to be | ||||||
6 | required, in connection therewith and for the acquisition, | ||||||
7 | protection and development of natural resources, including | ||||||
8 | water related resources, within the State of Illinois for open | ||||||
9 | spaces, water resource management, recreational and | ||||||
10 | conservation purposes, all within the State of Illinois. | ||||||
11 | The Bonds shall be used in the following specific manner: | ||||||
12 | (a) $636,697,287 for the acquisition, development, | ||||||
13 | construction, reconstruction, improvement, financing, | ||||||
14 | architectural planning and installation of capital facilities | ||||||
15 | consisting of buildings, structures, durable equipment and | ||||||
16 | land for educational purposes by State universities and | ||||||
17 | colleges, the Illinois Community College Board created by the | ||||||
18 | Public Community College Act "An Act in relation to the | ||||||
19 | establishment, operation and maintenance of public community | ||||||
20 | colleges", approved July 15, 1965, as amended and by the | ||||||
21 | School Building Commission created by "An Act to provide for | ||||||
22 | the acquisition, construction, rental, and disposition of | ||||||
23 | buildings used for school purposes", approved June 21, 1957, | ||||||
24 | as amended, or its successor, all within the State of | ||||||
25 | Illinois, and for grants to public community colleges as | ||||||
26 | authorized by Section 5-11 of the Public Community College |
| |||||||
| |||||||
1 | Act; and for the acquisition, development, construction, | ||||||
2 | reconstruction rehabilitation, improvement, architectural | ||||||
3 | planning and installation of capital facilities consisting of | ||||||
4 | durable movable equipment, including antennas and structures | ||||||
5 | necessarily relating thereto, for the Board of Governors of | ||||||
6 | State Colleges and Universities to construct educational | ||||||
7 | television facilities, which educational television facilities | ||||||
8 | may be located upon land or structures not owned by the State | ||||||
9 | providing that the Board of Governors has at least a 25-year | ||||||
10 | lease for the use of such non-state owned land or structures, | ||||||
11 | which lease may contain a provision making it subject to | ||||||
12 | annual appropriations by the General Assembly; | ||||||
13 | (b) $323,000,000 for the acquisition, development, | ||||||
14 | construction, reconstruction, improvement, financing, | ||||||
15 | architectural planning and installation of capital facilities | ||||||
16 | consisting of buildings, structures, durable equipment and | ||||||
17 | land for correctional purposes at State prisons and | ||||||
18 | correctional centers, all within the State of Illinois; | ||||||
19 | (c) $157,020,000 for the acquisition, development, | ||||||
20 | construction, reconstruction, improvement, financing, | ||||||
21 | architectural planning and installation of capital facilities | ||||||
22 | consisting of buildings, structures, durable equipment, and | ||||||
23 | land for open spaces, recreational and conservation purposes | ||||||
24 | and the protection of land, all within the State of Illinois; | ||||||
25 | (d) $146,580,000 for the acquisition, development, | ||||||
26 | construction, reconstruction, improvement, financing, |
| |||||||
| |||||||
1 | architectural planning and installation of capital facilities | ||||||
2 | consisting of buildings, structures, durable equipment and | ||||||
3 | land for child care facilities, mental and public health | ||||||
4 | facilities, and facilities for the care of veterans with | ||||||
5 | disabilities and their spouses, all within the State of | ||||||
6 | Illinois; | ||||||
7 | (e) $348,846,200 for the acquisition, development, | ||||||
8 | construction, reconstruction, improvement, financing, | ||||||
9 | architectural planning and installation of capital facilities | ||||||
10 | consisting of buildings, structures, durable equipment and | ||||||
11 | land for use by the State, its departments, authorities, | ||||||
12 | public corporations, commissions and agencies; | ||||||
13 | (f) To reimburse the Illinois Building Authority created | ||||||
14 | by the Building Authority Act "An Act to create the Illinois | ||||||
15 | Building Authority and to define its powers and duties", as | ||||||
16 | approved August 15, 1961, as amended, for any and all costs and | ||||||
17 | expenses incurred, and to be incurred, by the Illinois | ||||||
18 | Building Authority in connection with the acquisition, | ||||||
19 | construction, development, reconstruction, improvement, | ||||||
20 | planning, installation and financing of capital facilities | ||||||
21 | consisting of buildings, structures, equipment and land as | ||||||
22 | enumerated in subsections (a) through (e) hereof, and in | ||||||
23 | connection therewith to acquire from the Illinois Building | ||||||
24 | Authority any such capital facilities; provided, however, that | ||||||
25 | nothing in this subparagraph shall be construed to require or | ||||||
26 | permit the acquisition of facilities financed by the Illinois |
| |||||||
| |||||||
1 | Building authority through the issuance of bonds; | ||||||
2 | (g) $24,853,800 for the acquisition, development, | ||||||
3 | construction, reconstruction, improvement, financing, | ||||||
4 | architectural planning and installation of buildings, | ||||||
5 | structures, durable equipment, and land for: | ||||||
6 | (1) Cargo handling facilities for use by port districts, | ||||||
7 | and | ||||||
8 | (2) Breakwaters, including harbor entrances incident | ||||||
9 | thereto, for use by port districts in conjunction with | ||||||
10 | facilities for small boats and pleasure craft; | ||||||
11 | (h) $39,900,000 for the acquisition, development, | ||||||
12 | construction, reconstruction, modification, financing, | ||||||
13 | architectural planning and installation of capital facilities | ||||||
14 | consisting of buildings, structures, durable equipment and | ||||||
15 | land for water resource management projects, all within the | ||||||
16 | State of Illinois; | ||||||
17 | (i) $9,852,713 for the acquisition, development, | ||||||
18 | construction, reconstruction, improvement, financing, | ||||||
19 | architectural planning and installation of capital facilities | ||||||
20 | consisting of buildings, structures, durable equipment and | ||||||
21 | land for educational purposes by nonprofit, nonpublic health | ||||||
22 | service educational institutions; | ||||||
23 | (j) $48,000,000 for the acquisition, development, | ||||||
24 | construction, reconstruction, improvement, financing, | ||||||
25 | architectural planning and installation of capital facilities | ||||||
26 | consisting of buildings, structures, durable equipment and |
| |||||||
| |||||||
1 | land for the provision of facilities for food production | ||||||
2 | research and related instructional and public service | ||||||
3 | activities at the State universities and public community | ||||||
4 | colleges, all within the State of Illinois; | ||||||
5 | (k) $2,250,000 for grants by the Secretary of State, as | ||||||
6 | State Librarian, for the construction, acquisition, | ||||||
7 | development, reconstruction and improvement of central library | ||||||
8 | facilities authorized under Section 8 of the "The Illinois | ||||||
9 | Library System Act ", as amended . | ||||||
10 | (Source: P.A. 99-143, eff. 7-27-15; revised 9-20-23.)
| ||||||
11 | Section 155. The Build Illinois Bond Act is amended by | ||||||
12 | changing Section 5 as follows:
| ||||||
13 | (30 ILCS 425/5) (from Ch. 127, par. 2805) | ||||||
14 | Sec. 5. Bond sale expenses. | ||||||
15 | (a) Costs for advertising, printing, bond rating, travel | ||||||
16 | of outside vendors, security, delivery, and legal and | ||||||
17 | financial advisory services, initial fees of trustees, | ||||||
18 | registrars, paying agents , and other fiduciaries, initial | ||||||
19 | costs of credit or liquidity enhancement arrangements, initial | ||||||
20 | fees of indexing and remarketing agents, and initial costs of | ||||||
21 | interest rate swaps, guarantees , or arrangements to limit | ||||||
22 | interest rate risk, as determined in the related Bond Sale | ||||||
23 | Order, may be paid as reasonable costs of issuance and sale | ||||||
24 | from the proceeds of each Bond sale. An amount not to exceed 1% |
| |||||||
| |||||||
1 | of the principal amount of the proceeds of the sale of each | ||||||
2 | bond sale is authorized to be used to pay additional | ||||||
3 | reasonable costs of each issuance and sale of Bonds authorized | ||||||
4 | and sold pursuant to this Act, including, without limitation, | ||||||
5 | underwriter's discounts and fees, but excluding bond | ||||||
6 | insurance; provided that no salaries of State employees or | ||||||
7 | other State office operating expenses shall be paid out of | ||||||
8 | non-appropriated proceeds. The Governor's Office of Management | ||||||
9 | and Budget shall compile a summary of all costs of issuance on | ||||||
10 | each sale (including both costs paid out of proceeds and those | ||||||
11 | paid out of appropriated funds) and post that summary on its | ||||||
12 | web site within 20 business days after the issuance of the | ||||||
13 | bonds. The summary shall include, as applicable, the | ||||||
14 | respective percentage of participation and compensation of | ||||||
15 | each underwriter that is a member of the underwriting | ||||||
16 | syndicate, legal counsel, financial advisors, and other | ||||||
17 | professionals for the Bond issue, and an identification of all | ||||||
18 | costs of issuance paid to minority-owned businesses, | ||||||
19 | women-owned businesses, and businesses owned by persons with | ||||||
20 | disabilities. The terms "minority-owned businesses", | ||||||
21 | "women-owned businesses", and "business owned by a person with | ||||||
22 | a disability" have the meanings given to those terms in the | ||||||
23 | Business Enterprise for Minorities, Women, and Persons with | ||||||
24 | Disabilities Act. The summary shall be posted on the website | ||||||
25 | for a period of at least 30 days. In addition, the Governor's | ||||||
26 | Office of Management and Budget shall provide a written copy |
| |||||||
| |||||||
1 | of each summary of costs to the Speaker and Minority Leader of | ||||||
2 | the House of Representatives, the President and Minority | ||||||
3 | Leader of the Senate, and the Commission on Government | ||||||
4 | Forecasting and Accountability within 20 business days after | ||||||
5 | each issuance of the bonds. In addition, the Governor's Office | ||||||
6 | of Management and Budget shall provide copies of all contracts | ||||||
7 | under which any costs of issuance are paid or to be paid to the | ||||||
8 | Commission on Government Forecasting and Accountability within | ||||||
9 | 20 business days after the issuance of Bonds for which those | ||||||
10 | costs are paid or to be paid. Instead of filing a second or | ||||||
11 | subsequent copy of the same contract, the Governor's Office of | ||||||
12 | Management and Budget may file a statement that specified | ||||||
13 | costs are paid under specified contracts filed earlier with | ||||||
14 | the Commission. | ||||||
15 | (b) The Director of the Governor's Office of Management | ||||||
16 | and Budget shall not, in connection with the issuance of | ||||||
17 | Bonds, contract with any underwriter, financial advisor, or | ||||||
18 | attorney unless that underwriter, financial advisor, or | ||||||
19 | attorney certifies that the underwriter, financial advisor, or | ||||||
20 | attorney has not and will not pay a contingent fee, whether | ||||||
21 | directly or indirectly, to any third party for having promoted | ||||||
22 | the selection of the underwriter, financial advisor, or | ||||||
23 | attorney for that contract. In the event that the Governor's | ||||||
24 | Office of Management and Budget determines that an | ||||||
25 | underwriter, financial advisor, or attorney has filed a false | ||||||
26 | certification with respect to the payment of contingent fees, |
| |||||||
| |||||||
1 | the Governor's Office of Management and Budget shall not | ||||||
2 | contract with that underwriter, financial advisor, or | ||||||
3 | attorney, or with any firm employing any person who signed | ||||||
4 | false certifications, for a period of 2 calendar years, | ||||||
5 | beginning with the date the determination is made. The | ||||||
6 | validity of Bonds issued under such circumstances of violation | ||||||
7 | pursuant to this Section shall not be affected. | ||||||
8 | (Source: P.A. 103-7, eff. 7-1-23; revised 9-21-23.)
| ||||||
9 | Section 160. The Illinois Procurement Code is amended by | ||||||
10 | changing Sections 1-10 and 10-20 as follows:
| ||||||
11 | (30 ILCS 500/1-10) | ||||||
12 | Sec. 1-10. Application. | ||||||
13 | (a) This Code applies only to procurements for which | ||||||
14 | bidders, offerors, potential contractors, or contractors were | ||||||
15 | first solicited on or after July 1, 1998. This Code shall not | ||||||
16 | be construed to affect or impair any contract, or any | ||||||
17 | provision of a contract, entered into based on a solicitation | ||||||
18 | prior to the implementation date of this Code as described in | ||||||
19 | Article 99, including, but not limited to, any covenant | ||||||
20 | entered into with respect to any revenue bonds or similar | ||||||
21 | instruments. All procurements for which contracts are | ||||||
22 | solicited between the effective date of Articles 50 and 99 and | ||||||
23 | July 1, 1998 shall be substantially in accordance with this | ||||||
24 | Code and its intent. |
| |||||||
| |||||||
1 | (b) This Code shall apply regardless of the source of the | ||||||
2 | funds with which the contracts are paid, including federal | ||||||
3 | assistance moneys. This Code shall not apply to: | ||||||
4 | (1) Contracts between the State and its political | ||||||
5 | subdivisions or other governments, or between State | ||||||
6 | governmental bodies, except as specifically provided in | ||||||
7 | this Code. | ||||||
8 | (2) Grants, except for the filing requirements of | ||||||
9 | Section 20-80. | ||||||
10 | (3) Purchase of care, except as provided in Section | ||||||
11 | 5-30.6 of the Illinois Public Aid Code and this Section. | ||||||
12 | (4) Hiring of an individual as an employee and not as | ||||||
13 | an independent contractor, whether pursuant to an | ||||||
14 | employment code or policy or by contract directly with | ||||||
15 | that individual. | ||||||
16 | (5) Collective bargaining contracts. | ||||||
17 | (6) Purchase of real estate, except that notice of | ||||||
18 | this type of contract with a value of more than $25,000 | ||||||
19 | must be published in the Procurement Bulletin within 10 | ||||||
20 | calendar days after the deed is recorded in the county of | ||||||
21 | jurisdiction. The notice shall identify the real estate | ||||||
22 | purchased, the names of all parties to the contract, the | ||||||
23 | value of the contract, and the effective date of the | ||||||
24 | contract. | ||||||
25 | (7) Contracts necessary to prepare for anticipated | ||||||
26 | litigation, enforcement actions, or investigations, |
| |||||||
| |||||||
1 | provided that the chief legal counsel to the Governor | ||||||
2 | shall give his or her prior approval when the procuring | ||||||
3 | agency is one subject to the jurisdiction of the Governor, | ||||||
4 | and provided that the chief legal counsel of any other | ||||||
5 | procuring entity subject to this Code shall give his or | ||||||
6 | her prior approval when the procuring entity is not one | ||||||
7 | subject to the jurisdiction of the Governor. | ||||||
8 | (8) (Blank). | ||||||
9 | (9) Procurement expenditures by the Illinois | ||||||
10 | Conservation Foundation when only private funds are used. | ||||||
11 | (10) (Blank). | ||||||
12 | (11) Public-private agreements entered into according | ||||||
13 | to the procurement requirements of Section 20 of the | ||||||
14 | Public-Private Partnerships for Transportation Act and | ||||||
15 | design-build agreements entered into according to the | ||||||
16 | procurement requirements of Section 25 of the | ||||||
17 | Public-Private Partnerships for Transportation Act. | ||||||
18 | (12) (A) Contracts for legal, financial, and other | ||||||
19 | professional and artistic services entered into by the | ||||||
20 | Illinois Finance Authority in which the State of Illinois | ||||||
21 | is not obligated. Such contracts shall be awarded through | ||||||
22 | a competitive process authorized by the members of the | ||||||
23 | Illinois Finance Authority and are subject to Sections | ||||||
24 | 5-30, 20-160, 50-13, 50-20, 50-35, and 50-37 of this Code, | ||||||
25 | as well as the final approval by the members of the | ||||||
26 | Illinois Finance Authority of the terms of the contract. |
| |||||||
| |||||||
1 | (B) Contracts for legal and financial services entered | ||||||
2 | into by the Illinois Housing Development Authority in | ||||||
3 | connection with the issuance of bonds in which the State | ||||||
4 | of Illinois is not obligated. Such contracts shall be | ||||||
5 | awarded through a competitive process authorized by the | ||||||
6 | members of the Illinois Housing Development Authority and | ||||||
7 | are subject to Sections 5-30, 20-160, 50-13, 50-20, 50-35, | ||||||
8 | and 50-37 of this Code, as well as the final approval by | ||||||
9 | the members of the Illinois Housing Development Authority | ||||||
10 | of the terms of the contract. | ||||||
11 | (13) Contracts for services, commodities, and | ||||||
12 | equipment to support the delivery of timely forensic | ||||||
13 | science services in consultation with and subject to the | ||||||
14 | approval of the Chief Procurement Officer as provided in | ||||||
15 | subsection (d) of Section 5-4-3a of the Unified Code of | ||||||
16 | Corrections, except for the requirements of Sections | ||||||
17 | 20-60, 20-65, 20-70, and 20-160 and Article 50 of this | ||||||
18 | Code; however, the Chief Procurement Officer may, in | ||||||
19 | writing with justification, waive any certification | ||||||
20 | required under Article 50 of this Code. For any contracts | ||||||
21 | for services which are currently provided by members of a | ||||||
22 | collective bargaining agreement, the applicable terms of | ||||||
23 | the collective bargaining agreement concerning | ||||||
24 | subcontracting shall be followed. | ||||||
25 | On and after January 1, 2019, this paragraph (13), | ||||||
26 | except for this sentence, is inoperative. |
| |||||||
| |||||||
1 | (14) Contracts for participation expenditures required | ||||||
2 | by a domestic or international trade show or exhibition of | ||||||
3 | an exhibitor, member, or sponsor. | ||||||
4 | (15) Contracts with a railroad or utility that | ||||||
5 | requires the State to reimburse the railroad or utilities | ||||||
6 | for the relocation of utilities for construction or other | ||||||
7 | public purpose. Contracts included within this paragraph | ||||||
8 | (15) shall include, but not be limited to, those | ||||||
9 | associated with: relocations, crossings, installations, | ||||||
10 | and maintenance. For the purposes of this paragraph (15), | ||||||
11 | "railroad" means any form of non-highway ground | ||||||
12 | transportation that runs on rails or electromagnetic | ||||||
13 | guideways and "utility" means: (1) public utilities as | ||||||
14 | defined in Section 3-105 of the Public Utilities Act, (2) | ||||||
15 | telecommunications carriers as defined in Section 13-202 | ||||||
16 | of the Public Utilities Act, (3) electric cooperatives as | ||||||
17 | defined in Section 3.4 of the Electric Supplier Act, (4) | ||||||
18 | telephone or telecommunications cooperatives as defined in | ||||||
19 | Section 13-212 of the Public Utilities Act, (5) rural | ||||||
20 | water or waste water systems with 10,000 connections or | ||||||
21 | less, (6) a holder as defined in Section 21-201 of the | ||||||
22 | Public Utilities Act, and (7) municipalities owning or | ||||||
23 | operating utility systems consisting of public utilities | ||||||
24 | as that term is defined in Section 11-117-2 of the | ||||||
25 | Illinois Municipal Code. | ||||||
26 | (16) Procurement expenditures necessary for the |
| |||||||
| |||||||
1 | Department of Public Health to provide the delivery of | ||||||
2 | timely newborn screening services in accordance with the | ||||||
3 | Newborn Metabolic Screening Act. | ||||||
4 | (17) Procurement expenditures necessary for the | ||||||
5 | Department of Agriculture, the Department of Financial and | ||||||
6 | Professional Regulation, the Department of Human Services, | ||||||
7 | and the Department of Public Health to implement the | ||||||
8 | Compassionate Use of Medical Cannabis Program and Opioid | ||||||
9 | Alternative Pilot Program requirements and ensure access | ||||||
10 | to medical cannabis for patients with debilitating medical | ||||||
11 | conditions in accordance with the Compassionate Use of | ||||||
12 | Medical Cannabis Program Act. | ||||||
13 | (18) This Code does not apply to any procurements | ||||||
14 | necessary for the Department of Agriculture, the | ||||||
15 | Department of Financial and Professional Regulation, the | ||||||
16 | Department of Human Services, the Department of Commerce | ||||||
17 | and Economic Opportunity, and the Department of Public | ||||||
18 | Health to implement the Cannabis Regulation and Tax Act if | ||||||
19 | the applicable agency has made a good faith determination | ||||||
20 | that it is necessary and appropriate for the expenditure | ||||||
21 | to fall within this exemption and if the process is | ||||||
22 | conducted in a manner substantially in accordance with the | ||||||
23 | requirements of Sections 20-160, 25-60, 30-22, 50-5, | ||||||
24 | 50-10, 50-10.5, 50-12, 50-13, 50-15, 50-20, 50-21, 50-35, | ||||||
25 | 50-36, 50-37, 50-38, and 50-50 of this Code; however, for | ||||||
26 | Section 50-35, compliance applies only to contracts or |
| |||||||
| |||||||
1 | subcontracts over $100,000. Notice of each contract | ||||||
2 | entered into under this paragraph (18) that is related to | ||||||
3 | the procurement of goods and services identified in | ||||||
4 | paragraph (1) through (9) of this subsection shall be | ||||||
5 | published in the Procurement Bulletin within 14 calendar | ||||||
6 | days after contract execution. The Chief Procurement | ||||||
7 | Officer shall prescribe the form and content of the | ||||||
8 | notice. Each agency shall provide the Chief Procurement | ||||||
9 | Officer, on a monthly basis, in the form and content | ||||||
10 | prescribed by the Chief Procurement Officer, a report of | ||||||
11 | contracts that are related to the procurement of goods and | ||||||
12 | services identified in this subsection. At a minimum, this | ||||||
13 | report shall include the name of the contractor, a | ||||||
14 | description of the supply or service provided, the total | ||||||
15 | amount of the contract, the term of the contract, and the | ||||||
16 | exception to this Code utilized. A copy of any or all of | ||||||
17 | these contracts shall be made available to the Chief | ||||||
18 | Procurement Officer immediately upon request. The Chief | ||||||
19 | Procurement Officer shall submit a report to the Governor | ||||||
20 | and General Assembly no later than November 1 of each year | ||||||
21 | that includes, at a minimum, an annual summary of the | ||||||
22 | monthly information reported to the Chief Procurement | ||||||
23 | Officer. This exemption becomes inoperative 5 years after | ||||||
24 | June 25, 2019 (the effective date of Public Act 101-27). | ||||||
25 | (19) Acquisition of modifications or adjustments, | ||||||
26 | limited to assistive technology devices and assistive |
| |||||||
| |||||||
1 | technology services, adaptive equipment, repairs, and | ||||||
2 | replacement parts to provide reasonable accommodations (i) | ||||||
3 | that enable a qualified applicant with a disability to | ||||||
4 | complete the job application process and be considered for | ||||||
5 | the position such qualified applicant desires, (ii) that | ||||||
6 | modify or adjust the work environment to enable a | ||||||
7 | qualified current employee with a disability to perform | ||||||
8 | the essential functions of the position held by that | ||||||
9 | employee, (iii) to enable a qualified current employee | ||||||
10 | with a disability to enjoy equal benefits and privileges | ||||||
11 | of employment as are enjoyed by other similarly situated | ||||||
12 | employees without disabilities, and (iv) that allow a | ||||||
13 | customer, client, claimant, or member of the public | ||||||
14 | seeking State services full use and enjoyment of and | ||||||
15 | access to its programs, services, or benefits. | ||||||
16 | For purposes of this paragraph (19): | ||||||
17 | "Assistive technology devices" means any item, piece | ||||||
18 | of equipment, or product system, whether acquired | ||||||
19 | commercially off the shelf, modified, or customized, that | ||||||
20 | is used to increase, maintain, or improve functional | ||||||
21 | capabilities of individuals with disabilities. | ||||||
22 | "Assistive technology services" means any service that | ||||||
23 | directly assists an individual with a disability in | ||||||
24 | selection, acquisition, or use of an assistive technology | ||||||
25 | device. | ||||||
26 | "Qualified" has the same meaning and use as provided |
| |||||||
| |||||||
1 | under the federal Americans with Disabilities Act when | ||||||
2 | describing an individual with a disability. | ||||||
3 | (20) Procurement expenditures necessary for the | ||||||
4 | Illinois Commerce Commission to hire third-party | ||||||
5 | facilitators pursuant to Sections 16-105.17 and 16-108.18 | ||||||
6 | of the Public Utilities Act or an ombudsman pursuant to | ||||||
7 | Section 16-107.5 of the Public Utilities Act, a | ||||||
8 | facilitator pursuant to Section 16-105.17 of the Public | ||||||
9 | Utilities Act, or a grid auditor pursuant to Section | ||||||
10 | 16-105.10 of the Public Utilities Act. | ||||||
11 | (21) Procurement expenditures for the purchase, | ||||||
12 | renewal, and expansion of software, software licenses, or | ||||||
13 | software maintenance agreements that support the efforts | ||||||
14 | of the Illinois State Police to enforce, regulate, and | ||||||
15 | administer the Firearm Owners Identification Card Act, the | ||||||
16 | Firearm Concealed Carry Act, the Firearms Restraining | ||||||
17 | Order Act, the Firearm Dealer License Certification Act, | ||||||
18 | the Law Enforcement Agencies Data System (LEADS), the | ||||||
19 | Uniform Crime Reporting Act, the Criminal Identification | ||||||
20 | Act, the Illinois Uniform Conviction Information Act, and | ||||||
21 | the Gun Trafficking Information Act, or establish or | ||||||
22 | maintain record management systems necessary to conduct | ||||||
23 | human trafficking investigations or gun trafficking or | ||||||
24 | other stolen firearm investigations. This paragraph (21) | ||||||
25 | applies to contracts entered into on or after January 10, | ||||||
26 | 2023 (the effective date of Public Act 102-1116) and the |
| |||||||
| |||||||
1 | renewal of contracts that are in effect on January 10, | ||||||
2 | 2023 (the effective date of Public Act 102-1116). | ||||||
3 | (22) Contracts for project management services and | ||||||
4 | system integration services required for the completion of | ||||||
5 | the State's enterprise resource planning project. This | ||||||
6 | exemption becomes inoperative 5 years after June 7, 2023 | ||||||
7 | (the effective date of the changes made to this Section by | ||||||
8 | Public Act 103-8). This paragraph (22) applies to | ||||||
9 | contracts entered into on or after June 7, 2023 (the | ||||||
10 | effective date of the changes made to this Section by | ||||||
11 | Public Act 103-8) and the renewal of contracts that are in | ||||||
12 | effect on June 7, 2023 (the effective date of the changes | ||||||
13 | made to this Section by Public Act 103-8). | ||||||
14 | (23) Procurements necessary for the Department of | ||||||
15 | Insurance to implement the Illinois Health Benefits | ||||||
16 | Exchange Law if the Department of Insurance has made a | ||||||
17 | good faith determination that it is necessary and | ||||||
18 | appropriate for the expenditure to fall within this | ||||||
19 | exemption. The procurement process shall be conducted in a | ||||||
20 | manner substantially in accordance with the requirements | ||||||
21 | of Sections 20-160 and 25-60 and Article 50 of this Code. A | ||||||
22 | copy of these contracts shall be made available to the | ||||||
23 | Chief Procurement Officer immediately upon request. This | ||||||
24 | paragraph is inoperative 5 years after June 27, 2023 (the | ||||||
25 | effective date of Public Act 103-103). | ||||||
26 | (24) (22) Contracts for public education programming, |
| |||||||
| |||||||
1 | noncommercial sustaining announcements, public service | ||||||
2 | announcements, and public awareness and education | ||||||
3 | messaging with the nonprofit trade associations of the | ||||||
4 | providers of those services that inform the public on | ||||||
5 | immediate and ongoing health and safety risks and hazards. | ||||||
6 | Notwithstanding any other provision of law, for contracts | ||||||
7 | with an annual value of more than $100,000 entered into on or | ||||||
8 | after October 1, 2017 under an exemption provided in any | ||||||
9 | paragraph of this subsection (b), except paragraph (1), (2), | ||||||
10 | or (5), each State agency shall post to the appropriate | ||||||
11 | procurement bulletin the name of the contractor, a description | ||||||
12 | of the supply or service provided, the total amount of the | ||||||
13 | contract, the term of the contract, and the exception to the | ||||||
14 | Code utilized. The chief procurement officer shall submit a | ||||||
15 | report to the Governor and General Assembly no later than | ||||||
16 | November 1 of each year that shall include, at a minimum, an | ||||||
17 | annual summary of the monthly information reported to the | ||||||
18 | chief procurement officer. | ||||||
19 | (c) This Code does not apply to the electric power | ||||||
20 | procurement process provided for under Section 1-75 of the | ||||||
21 | Illinois Power Agency Act and Section 16-111.5 of the Public | ||||||
22 | Utilities Act. This Code does not apply to the procurement of | ||||||
23 | technical and policy experts pursuant to Section 1-129 of the | ||||||
24 | Illinois Power Agency Act. | ||||||
25 | (d) Except for Section 20-160 and Article 50 of this Code, | ||||||
26 | and as expressly required by Section 9.1 of the Illinois |
| |||||||
| |||||||
1 | Lottery Law, the provisions of this Code do not apply to the | ||||||
2 | procurement process provided for under Section 9.1 of the | ||||||
3 | Illinois Lottery Law. | ||||||
4 | (e) This Code does not apply to the process used by the | ||||||
5 | Capital Development Board to retain a person or entity to | ||||||
6 | assist the Capital Development Board with its duties related | ||||||
7 | to the determination of costs of a clean coal SNG brownfield | ||||||
8 | facility, as defined by Section 1-10 of the Illinois Power | ||||||
9 | Agency Act, as required in subsection (h-3) of Section 9-220 | ||||||
10 | of the Public Utilities Act, including calculating the range | ||||||
11 | of capital costs, the range of operating and maintenance | ||||||
12 | costs, or the sequestration costs or monitoring the | ||||||
13 | construction of clean coal SNG brownfield facility for the | ||||||
14 | full duration of construction. | ||||||
15 | (f) (Blank). | ||||||
16 | (g) (Blank). | ||||||
17 | (h) This Code does not apply to the process to procure or | ||||||
18 | contracts entered into in accordance with Sections 11-5.2 and | ||||||
19 | 11-5.3 of the Illinois Public Aid Code. | ||||||
20 | (i) Each chief procurement officer may access records | ||||||
21 | necessary to review whether a contract, purchase, or other | ||||||
22 | expenditure is or is not subject to the provisions of this | ||||||
23 | Code, unless such records would be subject to attorney-client | ||||||
24 | privilege. | ||||||
25 | (j) This Code does not apply to the process used by the | ||||||
26 | Capital Development Board to retain an artist or work or works |
| |||||||
| |||||||
1 | of art as required in Section 14 of the Capital Development | ||||||
2 | Board Act. | ||||||
3 | (k) This Code does not apply to the process to procure | ||||||
4 | contracts, or contracts entered into, by the State Board of | ||||||
5 | Elections or the State Electoral Board for hearing officers | ||||||
6 | appointed pursuant to the Election Code. | ||||||
7 | (l) This Code does not apply to the processes used by the | ||||||
8 | Illinois Student Assistance Commission to procure supplies and | ||||||
9 | services paid for from the private funds of the Illinois | ||||||
10 | Prepaid Tuition Fund. As used in this subsection (l), "private | ||||||
11 | funds" means funds derived from deposits paid into the | ||||||
12 | Illinois Prepaid Tuition Trust Fund and the earnings thereon. | ||||||
13 | (m) This Code shall apply regardless of the source of | ||||||
14 | funds with which contracts are paid, including federal | ||||||
15 | assistance moneys. Except as specifically provided in this | ||||||
16 | Code, this Code shall not apply to procurement expenditures | ||||||
17 | necessary for the Department of Public Health to conduct the | ||||||
18 | Healthy Illinois Survey in accordance with Section 2310-431 of | ||||||
19 | the Department of Public Health Powers and Duties Law of the | ||||||
20 | Civil Administrative Code of Illinois. | ||||||
21 | (Source: P.A. 102-175, eff. 7-29-21; 102-483, eff 1-1-22; | ||||||
22 | 102-558, eff. 8-20-21; 102-600, eff. 8-27-21; 102-662, eff. | ||||||
23 | 9-15-21; 102-721, eff. 1-1-23; 102-813, eff. 5-13-22; | ||||||
24 | 102-1116, eff. 1-10-23; 103-8, eff. 6-7-23; 103-103, eff. | ||||||
25 | 6-27-23; 103-570, eff. 1-1-24; 103-580, eff. 12-8-23; revised | ||||||
26 | 1-2-24.)
|
| |||||||
| |||||||
1 | (30 ILCS 500/10-20) | ||||||
2 | Sec. 10-20. Independent chief procurement officers. | ||||||
3 | (a) Appointment. Within 60 calendar days after July 1, | ||||||
4 | 2010 ( the effective date of Public Act 96-795) this amendatory | ||||||
5 | Act of the 96th General Assembly , the Executive Ethics | ||||||
6 | Commission, with the advice and consent of the Senate shall | ||||||
7 | appoint or approve 4 chief procurement officers, one for each | ||||||
8 | of the following categories: | ||||||
9 | (1) for procurements for construction and | ||||||
10 | construction-related services committed by law to the | ||||||
11 | jurisdiction or responsibility of the Capital Development | ||||||
12 | Board; | ||||||
13 | (2) for procurements for all construction, | ||||||
14 | construction-related services, operation of any facility, | ||||||
15 | and the provision of any service or activity committed by | ||||||
16 | law to the jurisdiction or responsibility of the Illinois | ||||||
17 | Department of Transportation, including the direct or | ||||||
18 | reimbursable expenditure of all federal funds for which | ||||||
19 | the Department of Transportation is responsible or | ||||||
20 | accountable for the use thereof in accordance with federal | ||||||
21 | law, regulation, or procedure, the chief procurement | ||||||
22 | officer recommended for approval under this item appointed | ||||||
23 | by the Secretary of Transportation after consent by the | ||||||
24 | Executive Ethics Commission; | ||||||
25 | (3) for all procurements made by a public institution |
| |||||||
| |||||||
1 | of higher education; and | ||||||
2 | (4) for all other procurement needs of State agencies. | ||||||
3 | For fiscal year 2024, the Executive Ethics Commission | ||||||
4 | shall set aside from its appropriation those amounts necessary | ||||||
5 | for the use of the 4 chief procurement officers for the | ||||||
6 | ordinary and contingent expenses of their respective | ||||||
7 | procurement offices. From the amounts set aside by the | ||||||
8 | Commission, each chief procurement officer shall control the | ||||||
9 | internal operations of his or her procurement office and shall | ||||||
10 | procure the necessary equipment, materials, and services to | ||||||
11 | perform the duties of that office, including hiring necessary | ||||||
12 | procurement personnel, legal advisors , and other employees, | ||||||
13 | and may establish, in the exercise of the chief procurement | ||||||
14 | officer's discretion, the compensation of the office's | ||||||
15 | employees, which includes the State purchasing officers and | ||||||
16 | any legal advisors. The Executive Ethics Commission shall have | ||||||
17 | no control over the employees of the chief procurement | ||||||
18 | officers. The Executive Ethics Commission shall provide | ||||||
19 | administrative support services, including payroll, for each | ||||||
20 | procurement office. | ||||||
21 | (b) Terms and independence. Each chief procurement officer | ||||||
22 | appointed under this Section shall serve for a term of 5 years | ||||||
23 | beginning on the date of the officer's appointment. The chief | ||||||
24 | procurement officer may be removed for cause after a hearing | ||||||
25 | by the Executive Ethics Commission. The Governor or the | ||||||
26 | director of a State agency directly responsible to the |
| |||||||
| |||||||
1 | Governor may institute a complaint against the officer by | ||||||
2 | filing such complaint with the Commission. The Commission | ||||||
3 | shall have a hearing based on the complaint. The officer and | ||||||
4 | the complainant shall receive reasonable notice of the hearing | ||||||
5 | and shall be permitted to present their respective arguments | ||||||
6 | on the complaint. After the hearing, the Commission shall make | ||||||
7 | a finding on the complaint and may take disciplinary action, | ||||||
8 | including but not limited to removal of the officer. | ||||||
9 | The salary of a chief procurement officer shall be | ||||||
10 | established by the Executive Ethics Commission and may not be | ||||||
11 | diminished during the officer's term. The salary may not | ||||||
12 | exceed the salary of the director of a State agency for which | ||||||
13 | the officer serves as chief procurement officer. | ||||||
14 | (c) Qualifications. In addition to any other requirement | ||||||
15 | or qualification required by State law, each chief procurement | ||||||
16 | officer must within 12 months of employment be a Certified | ||||||
17 | Professional Public Buyer or a Certified Public Purchasing | ||||||
18 | Officer, pursuant to certification by the Universal Public | ||||||
19 | Purchasing Certification Council, and must reside in Illinois. | ||||||
20 | (d) Fiduciary duty. Each chief procurement officer owes a | ||||||
21 | fiduciary duty to the State. | ||||||
22 | (e) Vacancy. In case of a vacancy in one or more of the | ||||||
23 | offices of a chief procurement officer under this Section | ||||||
24 | during the recess of the Senate, the Executive Ethics | ||||||
25 | Commission shall make a temporary appointment until the next | ||||||
26 | meeting of the Senate, when the Executive Ethics Commission |
| |||||||
| |||||||
1 | shall nominate some person to fill the office, and any person | ||||||
2 | so nominated who is confirmed by the Senate shall hold office | ||||||
3 | during the remainder of the term and until his or her successor | ||||||
4 | is appointed and qualified. If the Senate is not in session at | ||||||
5 | the time Public Act 96-920 this amendatory Act of the 96th | ||||||
6 | General Assembly takes effect, the Executive Ethics Commission | ||||||
7 | shall make a temporary appointment as in the case of a vacancy. | ||||||
8 | (f) (Blank). | ||||||
9 | (g) (Blank). | ||||||
10 | (Source: P.A. 103-8, eff. 6-7-23; revised 9-26-23.)
| ||||||
11 | Section 165. The Illinois Works Jobs Program Act is | ||||||
12 | amended by changing Section 20-15 as follows:
| ||||||
13 | (30 ILCS 559/20-15) | ||||||
14 | Sec. 20-15. Illinois Works Preapprenticeship Program; | ||||||
15 | Illinois Works Bid Credit Program. | ||||||
16 | (a) The Illinois Works Preapprenticeship Program is | ||||||
17 | established and shall be administered by the Department. The | ||||||
18 | goal of the Illinois Works Preapprenticeship Program is to | ||||||
19 | create a network of community-based organizations throughout | ||||||
20 | the State that will recruit, prescreen, and provide | ||||||
21 | preapprenticeship skills training, for which participants may | ||||||
22 | attend free of charge and receive a stipend, to create a | ||||||
23 | qualified, diverse pipeline of workers who are prepared for | ||||||
24 | careers in the construction and building trades. Upon |
| |||||||
| |||||||
1 | completion of the Illinois Works Preapprenticeship Program, | ||||||
2 | the candidates will be skilled and work-ready. | ||||||
3 | (b) There is created the Illinois Works Fund, a special | ||||||
4 | fund in the State treasury. The Illinois Works Fund shall be | ||||||
5 | administered by the Department. The Illinois Works Fund shall | ||||||
6 | be used to provide funding for community-based organizations | ||||||
7 | throughout the State. In addition to any other transfers that | ||||||
8 | may be provided for by law, on and after July 1, 2019 at the | ||||||
9 | direction of the Director of the Governor's Office of | ||||||
10 | Management and Budget, the State Comptroller shall direct and | ||||||
11 | the State Treasurer shall transfer amounts not exceeding a | ||||||
12 | total of $50,000,000 from the Rebuild Illinois Projects Fund | ||||||
13 | to the Illinois Works Fund. | ||||||
14 | (c) Each community-based organization that receives | ||||||
15 | funding from the Illinois Works Fund shall provide an annual | ||||||
16 | report to the Illinois Works Review Panel by April 1 of each | ||||||
17 | calendar year. The annual report shall include the following | ||||||
18 | information: | ||||||
19 | (1) a description of the community-based | ||||||
20 | organization's recruitment, screening, and training | ||||||
21 | efforts; | ||||||
22 | (2) the number of individuals who apply to, | ||||||
23 | participate in, and complete the community-based | ||||||
24 | organization's program, broken down by race, gender, age, | ||||||
25 | and veteran status; and | ||||||
26 | (3) the number of the individuals referenced in item (2) |
| |||||||
| |||||||
1 | of this subsection who are initially accepted and placed | ||||||
2 | into apprenticeship programs in the construction and | ||||||
3 | building trades. | ||||||
4 | (d) The Department shall create and administer the | ||||||
5 | Illinois Works Bid Credit Program that shall provide economic | ||||||
6 | incentives, through bid credits, to encourage contractors and | ||||||
7 | subcontractors to provide contracting and employment | ||||||
8 | opportunities to historically underrepresented populations in | ||||||
9 | the construction industry. | ||||||
10 | The Illinois Works Bid Credit Program shall allow | ||||||
11 | contractors and subcontractors to earn bid credits for use | ||||||
12 | toward future bids for public works projects contracted by the | ||||||
13 | State or an agency of the State in order to increase the | ||||||
14 | chances that the contractor and the subcontractors will be | ||||||
15 | selected. | ||||||
16 | Contractors or subcontractors may be eligible to earn bid | ||||||
17 | credits for employing apprentices who have completed the | ||||||
18 | Illinois Works Preapprenticeship Program. Contractors or | ||||||
19 | subcontractors shall earn bid credits at a rate established by | ||||||
20 | the Department and based on labor hours worked by apprentices | ||||||
21 | who have completed the Illinois Works Preapprenticeship | ||||||
22 | Program. In order to earn bid credits, contractors and | ||||||
23 | subcontractors shall provide the Department with certified | ||||||
24 | payroll documenting the hours performed by apprentices who | ||||||
25 | have completed the Illinois Works Preapprenticeship Program. | ||||||
26 | Contractors and subcontractors can use bid credits toward |
| |||||||
| |||||||
1 | future bids for public works projects contracted or funded by | ||||||
2 | the State or an agency of the State in order to increase the | ||||||
3 | likelihood of being selected as the contractor for the public | ||||||
4 | works project toward which they have applied the bid credit. | ||||||
5 | The Department shall establish the rate by rule and shall | ||||||
6 | publish it on the Department's website. The rule may include | ||||||
7 | maximum bid credits allowed per contractor, per subcontractor, | ||||||
8 | per apprentice, per bid, or per year. | ||||||
9 | The Illinois Works Credit Bank is hereby created and shall | ||||||
10 | be administered by the Department. The Illinois Works Credit | ||||||
11 | Bank shall track the bid credits. | ||||||
12 | A contractor or subcontractor who has been awarded bid | ||||||
13 | credits under any other State program for employing | ||||||
14 | apprentices who have completed the Illinois Works | ||||||
15 | Preapprenticeship Program is not eligible to receive bid | ||||||
16 | credits under the Illinois Works Bid Credit Program relating | ||||||
17 | to the same contract. | ||||||
18 | The Department shall report to the Illinois Works Review | ||||||
19 | Panel the following: (i) the number of bid credits awarded by | ||||||
20 | the Department; (ii) the number of bid credits submitted by | ||||||
21 | the contractor or subcontractor to the agency administering | ||||||
22 | the public works contract; and (iii) the number of bid credits | ||||||
23 | accepted by the agency for such contract. Any agency that | ||||||
24 | awards bid credits pursuant to the Illinois Works Credit Bank | ||||||
25 | Program shall report to the Department the number of bid | ||||||
26 | credits it accepted for the public works contract. |
| |||||||
| |||||||
1 | Upon a finding that a contractor or subcontractor has | ||||||
2 | reported falsified records to the Department in order to | ||||||
3 | fraudulently obtain bid credits, the Department may bar the | ||||||
4 | contractor or subcontractor from participating in the Illinois | ||||||
5 | Works Bid Credit Program and may suspend the contractor or | ||||||
6 | subcontractor from bidding on or participating in any public | ||||||
7 | works project. False or fraudulent claims for payment relating | ||||||
8 | to false bid credits may be subject to damages and penalties | ||||||
9 | under applicable law. | ||||||
10 | (e) The Department shall adopt any rules deemed necessary | ||||||
11 | to implement this Section. In order to provide for the | ||||||
12 | expeditious and timely implementation of this Act, the | ||||||
13 | Department may adopt emergency rules. The adoption of | ||||||
14 | emergency rules authorized by this subsection is deemed to be | ||||||
15 | necessary for the public interest, safety, and welfare. | ||||||
16 | (Source: P.A. 103-8, eff. 6-7-23; 103-305, eff. 7-28-23; | ||||||
17 | revised 9-6-23.)
| ||||||
18 | Section 170. The Build Illinois Act is amended by changing | ||||||
19 | Section 10-6 as follows:
| ||||||
20 | (30 ILCS 750/10-6) (from Ch. 127, par. 2710-6) | ||||||
21 | Sec. 10-6. Large Business Attraction Fund. | ||||||
22 | (a) There is created the Large Business Attraction Fund to | ||||||
23 | be held as part of the State Treasury. The Department is | ||||||
24 | authorized to make loans from the Fund for the purposes |
| |||||||
| |||||||
1 | established under this Article. The State Treasurer shall have | ||||||
2 | custody of the Fund and may invest in securities constituting | ||||||
3 | direct obligations of the United States Government, in | ||||||
4 | obligations the principal of and interest on which are | ||||||
5 | guaranteed by the United States Government, or in certificates | ||||||
6 | of deposit of any State or national bank that are fully secured | ||||||
7 | by obligations guaranteed as to principal and interest by the | ||||||
8 | United States Government. The purpose of the Fund is to offer | ||||||
9 | loans to finance large firms considering the location of a | ||||||
10 | proposed plant in the State and to provide financing to carry | ||||||
11 | out the purposes and provisions of paragraph (h) of Section | ||||||
12 | 10-3. Financing shall be in the form of a loan, mortgage, or | ||||||
13 | other debt instrument. All loans shall be conditioned on the | ||||||
14 | project receiving financing from participating lenders or | ||||||
15 | other sources. Loan proceeds shall be available for project | ||||||
16 | costs associated with an expansion of business capacity and | ||||||
17 | employment, except for debt refinancing. Targeted companies | ||||||
18 | for the program shall primarily consist of established | ||||||
19 | industrial and service companies with proven records of | ||||||
20 | earnings that will sell their product to markets beyond | ||||||
21 | Illinois and have proven multistate location options. New | ||||||
22 | ventures shall be considered only if the entity is protected | ||||||
23 | with adequate security with regard to its financing and | ||||||
24 | operation. The limitations and conditions with respect to the | ||||||
25 | use of this Fund shall not apply in carrying out the purposes | ||||||
26 | and provisions of paragraph (h) of Section 10-3. |
| |||||||
| |||||||
1 | (b) Deposits into the Fund shall include, but are not | ||||||
2 | limited to: | ||||||
3 | (1) Any appropriations, grants, or gifts made to the | ||||||
4 | Fund. | ||||||
5 | (2) Any income received from interest on investments | ||||||
6 | of amounts from the Fund not currently needed to meet the | ||||||
7 | obligations of the Fund. | ||||||
8 | (c) The State Comptroller and the State Treasurer shall | ||||||
9 | from time to time, upon the written direction of the Governor, | ||||||
10 | transfer from the Fund to the General Revenue Fund or the | ||||||
11 | Budget Stabilization Fund, those amounts that the Governor | ||||||
12 | determines are in excess of the amounts required to meet the | ||||||
13 | obligations of the Fund. Any amounts transferred to the Budget | ||||||
14 | Stabilization Fund may be transferred back to the Large | ||||||
15 | Business Attraction Fund by the State Comptroller and the | ||||||
16 | State Treasurer, upon the written direction of the Governor. | ||||||
17 | (d) Notwithstanding subsection (a) of this Section, the | ||||||
18 | Large Business Attraction Fund may be used for the purposes | ||||||
19 | established under the Invest in Illinois Act, including for | ||||||
20 | awards, grants, loans, contracts, and administrative expenses. | ||||||
21 | (Source: P.A. 102-1115, eff. 1-9-23; 102-1125, eff. 2-3-23; | ||||||
22 | revised 2-23-23.)
| ||||||
23 | Section 175. The State Mandates Act is amended by changing | ||||||
24 | Sections 8.46 and 8.47 as follows:
|
| |||||||
| |||||||
1 | (30 ILCS 805/8.46) | ||||||
2 | Sec. 8.46. Exempt mandate. | ||||||
3 | (a) Notwithstanding Sections 6 and 8 of this Act, no | ||||||
4 | reimbursement by the State is required for the implementation | ||||||
5 | of any mandate created by 102-707, 102-764, 102-806, 102-811, | ||||||
6 | 102-836, 102-856, 102-857, 102-884, 102-943, 102-1061, | ||||||
7 | 102-1064, 102-1088, or 102-1131 this amendatory Act of the | ||||||
8 | 102nd General Assembly . | ||||||
9 | (b) Notwithstanding Sections 6 and 8 of this Act, no | ||||||
10 | reimbursement by the State is required for the implementation | ||||||
11 | of any mandate created by the Decennial Committees on Local | ||||||
12 | Government Efficiency Act. | ||||||
13 | (Source: P.A. 102-707, eff. 4-22-22; 102-764, eff. 5-13-22; | ||||||
14 | 102-806, eff. 5-13-22; 102-811, eff. 1-1-23; 102-836, eff. | ||||||
15 | 5-13-22; 102-856, eff. 1-1-23; 102-857, eff. 5-13-22; 102-884, | ||||||
16 | eff. 5-13-22; 102-943, eff. 1-1-23; 102-1061, eff. 6-10-22; | ||||||
17 | 102-1064, eff. 6-10-22; 102-1088, eff. 6-10-22; 102-1131, eff. | ||||||
18 | 6-1-23; revised 9-19-23.)
| ||||||
19 | (30 ILCS 805/8.47) | ||||||
20 | Sec. 8.47. Exempt mandate. | ||||||
21 | (a) Notwithstanding Sections 6 and 8 of this Act, no | ||||||
22 | reimbursement by the State is required for the implementation | ||||||
23 | of any mandate created by Public Act 103-2, 103-110, 103-409, | ||||||
24 | 103-455, 103-529, 103-552, 103-553, 103-579, or 103-582 this | ||||||
25 | amendatory Act of the 103rd General Assembly . |
| |||||||
| |||||||
1 | (b) Notwithstanding Sections 6 and 8 of this Act, no | ||||||
2 | reimbursement by the State is required for the implementation | ||||||
3 | of any mandate created by the Decennial Committees on Local | ||||||
4 | Government Efficiency Act. | ||||||
5 | (c) Notwithstanding Sections 6 and 8 of this Act, no | ||||||
6 | reimbursement by the State is required for the implementation | ||||||
7 | of the mandate created by Section 2.10a of the Regional | ||||||
8 | Transportation Authority Act in Public Act 103-281 this | ||||||
9 | amendatory Act of the 103rd General Assembly . | ||||||
10 | (Source: P.A. 102-1136, eff. 2-10-23; 103-2, eff. 5-10-23; | ||||||
11 | 103-110, eff. 6-29-23; 103-281, eff. 1-1-24; 103-409, eff. | ||||||
12 | 1-1-24; 103-455, eff. 1-1-24; 103-529, eff. 8-11-23; 103-552, | ||||||
13 | eff. 8-11-23; 103-553, eff. 8-11-23; 103-579, eff. 12-8-23; | ||||||
14 | 103-582, eff. 12-8-23; revised 1-2-24.)
| ||||||
15 | Section 180. The Illinois Income Tax Act is amended by | ||||||
16 | changing Sections 201, 203, 228, and 237 as follows:
| ||||||
17 | (35 ILCS 5/201) | ||||||
18 | Sec. 201. Tax imposed. | ||||||
19 | (a) In general. A tax measured by net income is hereby | ||||||
20 | imposed on every individual, corporation, trust and estate for | ||||||
21 | each taxable year ending after July 31, 1969 on the privilege | ||||||
22 | of earning or receiving income in or as a resident of this | ||||||
23 | State. Such tax shall be in addition to all other occupation or | ||||||
24 | privilege taxes imposed by this State or by any municipal |
| |||||||
| |||||||
1 | corporation or political subdivision thereof. | ||||||
2 | (b) Rates. The tax imposed by subsection (a) of this | ||||||
3 | Section shall be determined as follows, except as adjusted by | ||||||
4 | subsection (d-1): | ||||||
5 | (1) In the case of an individual, trust or estate, for | ||||||
6 | taxable years ending prior to July 1, 1989, an amount | ||||||
7 | equal to 2 1/2% of the taxpayer's net income for the | ||||||
8 | taxable year. | ||||||
9 | (2) In the case of an individual, trust or estate, for | ||||||
10 | taxable years beginning prior to July 1, 1989 and ending | ||||||
11 | after June 30, 1989, an amount equal to the sum of (i) 2 | ||||||
12 | 1/2% of the taxpayer's net income for the period prior to | ||||||
13 | July 1, 1989, as calculated under Section 202.3, and (ii) | ||||||
14 | 3% of the taxpayer's net income for the period after June | ||||||
15 | 30, 1989, as calculated under Section 202.3. | ||||||
16 | (3) In the case of an individual, trust or estate, for | ||||||
17 | taxable years beginning after June 30, 1989, and ending | ||||||
18 | prior to January 1, 2011, an amount equal to 3% of the | ||||||
19 | taxpayer's net income for the taxable year. | ||||||
20 | (4) In the case of an individual, trust, or estate, | ||||||
21 | for taxable years beginning prior to January 1, 2011, and | ||||||
22 | ending after December 31, 2010, an amount equal to the sum | ||||||
23 | of (i) 3% of the taxpayer's net income for the period prior | ||||||
24 | to January 1, 2011, as calculated under Section 202.5, and | ||||||
25 | (ii) 5% of the taxpayer's net income for the period after | ||||||
26 | December 31, 2010, as calculated under Section 202.5. |
| |||||||
| |||||||
1 | (5) In the case of an individual, trust, or estate, | ||||||
2 | for taxable years beginning on or after January 1, 2011, | ||||||
3 | and ending prior to January 1, 2015, an amount equal to 5% | ||||||
4 | of the taxpayer's net income for the taxable year. | ||||||
5 | (5.1) In the case of an individual, trust, or estate, | ||||||
6 | for taxable years beginning prior to January 1, 2015, and | ||||||
7 | ending after December 31, 2014, an amount equal to the sum | ||||||
8 | of (i) 5% of the taxpayer's net income for the period prior | ||||||
9 | to January 1, 2015, as calculated under Section 202.5, and | ||||||
10 | (ii) 3.75% of the taxpayer's net income for the period | ||||||
11 | after December 31, 2014, as calculated under Section | ||||||
12 | 202.5. | ||||||
13 | (5.2) In the case of an individual, trust, or estate, | ||||||
14 | for taxable years beginning on or after January 1, 2015, | ||||||
15 | and ending prior to July 1, 2017, an amount equal to 3.75% | ||||||
16 | of the taxpayer's net income for the taxable year. | ||||||
17 | (5.3) In the case of an individual, trust, or estate, | ||||||
18 | for taxable years beginning prior to July 1, 2017, and | ||||||
19 | ending after June 30, 2017, an amount equal to the sum of | ||||||
20 | (i) 3.75% of the taxpayer's net income for the period | ||||||
21 | prior to July 1, 2017, as calculated under Section 202.5, | ||||||
22 | and (ii) 4.95% of the taxpayer's net income for the period | ||||||
23 | after June 30, 2017, as calculated under Section 202.5. | ||||||
24 | (5.4) In the case of an individual, trust, or estate, | ||||||
25 | for taxable years beginning on or after July 1, 2017, an | ||||||
26 | amount equal to 4.95% of the taxpayer's net income for the |
| |||||||
| |||||||
1 | taxable year. | ||||||
2 | (6) In the case of a corporation, for taxable years | ||||||
3 | ending prior to July 1, 1989, an amount equal to 4% of the | ||||||
4 | taxpayer's net income for the taxable year. | ||||||
5 | (7) In the case of a corporation, for taxable years | ||||||
6 | beginning prior to July 1, 1989 and ending after June 30, | ||||||
7 | 1989, an amount equal to the sum of (i) 4% of the | ||||||
8 | taxpayer's net income for the period prior to July 1, | ||||||
9 | 1989, as calculated under Section 202.3, and (ii) 4.8% of | ||||||
10 | the taxpayer's net income for the period after June 30, | ||||||
11 | 1989, as calculated under Section 202.3. | ||||||
12 | (8) In the case of a corporation, for taxable years | ||||||
13 | beginning after June 30, 1989, and ending prior to January | ||||||
14 | 1, 2011, an amount equal to 4.8% of the taxpayer's net | ||||||
15 | income for the taxable year. | ||||||
16 | (9) In the case of a corporation, for taxable years | ||||||
17 | beginning prior to January 1, 2011, and ending after | ||||||
18 | December 31, 2010, an amount equal to the sum of (i) 4.8% | ||||||
19 | of the taxpayer's net income for the period prior to | ||||||
20 | January 1, 2011, as calculated under Section 202.5, and | ||||||
21 | (ii) 7% of the taxpayer's net income for the period after | ||||||
22 | December 31, 2010, as calculated under Section 202.5. | ||||||
23 | (10) In the case of a corporation, for taxable years | ||||||
24 | beginning on or after January 1, 2011, and ending prior to | ||||||
25 | January 1, 2015, an amount equal to 7% of the taxpayer's | ||||||
26 | net income for the taxable year. |
| |||||||
| |||||||
1 | (11) In the case of a corporation, for taxable years | ||||||
2 | beginning prior to January 1, 2015, and ending after | ||||||
3 | December 31, 2014, an amount equal to the sum of (i) 7% of | ||||||
4 | the taxpayer's net income for the period prior to January | ||||||
5 | 1, 2015, as calculated under Section 202.5, and (ii) 5.25% | ||||||
6 | of the taxpayer's net income for the period after December | ||||||
7 | 31, 2014, as calculated under Section 202.5. | ||||||
8 | (12) In the case of a corporation, for taxable years | ||||||
9 | beginning on or after January 1, 2015, and ending prior to | ||||||
10 | July 1, 2017, an amount equal to 5.25% of the taxpayer's | ||||||
11 | net income for the taxable year. | ||||||
12 | (13) In the case of a corporation, for taxable years | ||||||
13 | beginning prior to July 1, 2017, and ending after June 30, | ||||||
14 | 2017, an amount equal to the sum of (i) 5.25% of the | ||||||
15 | taxpayer's net income for the period prior to July 1, | ||||||
16 | 2017, as calculated under Section 202.5, and (ii) 7% of | ||||||
17 | the taxpayer's net income for the period after June 30, | ||||||
18 | 2017, as calculated under Section 202.5. | ||||||
19 | (14) In the case of a corporation, for taxable years | ||||||
20 | beginning on or after July 1, 2017, an amount equal to 7% | ||||||
21 | of the taxpayer's net income for the taxable year. | ||||||
22 | The rates under this subsection (b) are subject to the | ||||||
23 | provisions of Section 201.5. | ||||||
24 | (b-5) Surcharge; sale or exchange of assets, properties, | ||||||
25 | and intangibles of organization gaming licensees. For each of | ||||||
26 | taxable years 2019 through 2027, a surcharge is imposed on all |
| |||||||
| |||||||
1 | taxpayers on income arising from the sale or exchange of | ||||||
2 | capital assets, depreciable business property, real property | ||||||
3 | used in the trade or business, and Section 197 intangibles (i) | ||||||
4 | of an organization licensee under the Illinois Horse Racing | ||||||
5 | Act of 1975 and (ii) of an organization gaming licensee under | ||||||
6 | the Illinois Gambling Act. The amount of the surcharge is | ||||||
7 | equal to the amount of federal income tax liability for the | ||||||
8 | taxable year attributable to those sales and exchanges. The | ||||||
9 | surcharge imposed shall not apply if: | ||||||
10 | (1) the organization gaming license, organization | ||||||
11 | license, or racetrack property is transferred as a result | ||||||
12 | of any of the following: | ||||||
13 | (A) bankruptcy, a receivership, or a debt | ||||||
14 | adjustment initiated by or against the initial | ||||||
15 | licensee or the substantial owners of the initial | ||||||
16 | licensee; | ||||||
17 | (B) cancellation, revocation, or termination of | ||||||
18 | any such license by the Illinois Gaming Board or the | ||||||
19 | Illinois Racing Board; | ||||||
20 | (C) a determination by the Illinois Gaming Board | ||||||
21 | that transfer of the license is in the best interests | ||||||
22 | of Illinois gaming; | ||||||
23 | (D) the death of an owner of the equity interest in | ||||||
24 | a licensee; | ||||||
25 | (E) the acquisition of a controlling interest in | ||||||
26 | the stock or substantially all of the assets of a |
| |||||||
| |||||||
1 | publicly traded company; | ||||||
2 | (F) a transfer by a parent company to a wholly | ||||||
3 | owned subsidiary; or | ||||||
4 | (G) the transfer or sale to or by one person to | ||||||
5 | another person where both persons were initial owners | ||||||
6 | of the license when the license was issued; or | ||||||
7 | (2) the controlling interest in the organization | ||||||
8 | gaming license, organization license, or racetrack | ||||||
9 | property is transferred in a transaction to lineal | ||||||
10 | descendants in which no gain or loss is recognized or as a | ||||||
11 | result of a transaction in accordance with Section 351 of | ||||||
12 | the Internal Revenue Code in which no gain or loss is | ||||||
13 | recognized; or | ||||||
14 | (3) live horse racing was not conducted in 2010 at a | ||||||
15 | racetrack located within 3 miles of the Mississippi River | ||||||
16 | under a license issued pursuant to the Illinois Horse | ||||||
17 | Racing Act of 1975. | ||||||
18 | The transfer of an organization gaming license, | ||||||
19 | organization license, or racetrack property by a person other | ||||||
20 | than the initial licensee to receive the organization gaming | ||||||
21 | license is not subject to a surcharge. The Department shall | ||||||
22 | adopt rules necessary to implement and administer this | ||||||
23 | subsection. | ||||||
24 | (c) Personal Property Tax Replacement Income Tax. | ||||||
25 | Beginning on July 1, 1979 and thereafter, in addition to such | ||||||
26 | income tax, there is also hereby imposed the Personal Property |
| |||||||
| |||||||
1 | Tax Replacement Income Tax measured by net income on every | ||||||
2 | corporation (including Subchapter S corporations), partnership | ||||||
3 | and trust, for each taxable year ending after June 30, 1979. | ||||||
4 | Such taxes are imposed on the privilege of earning or | ||||||
5 | receiving income in or as a resident of this State. The | ||||||
6 | Personal Property Tax Replacement Income Tax shall be in | ||||||
7 | addition to the income tax imposed by subsections (a) and (b) | ||||||
8 | of this Section and in addition to all other occupation or | ||||||
9 | privilege taxes imposed by this State or by any municipal | ||||||
10 | corporation or political subdivision thereof. | ||||||
11 | (d) Additional Personal Property Tax Replacement Income | ||||||
12 | Tax Rates. The personal property tax replacement income tax | ||||||
13 | imposed by this subsection and subsection (c) of this Section | ||||||
14 | in the case of a corporation, other than a Subchapter S | ||||||
15 | corporation and except as adjusted by subsection (d-1), shall | ||||||
16 | be an additional amount equal to 2.85% of such taxpayer's net | ||||||
17 | income for the taxable year, except that beginning on January | ||||||
18 | 1, 1981, and thereafter, the rate of 2.85% specified in this | ||||||
19 | subsection shall be reduced to 2.5%, and in the case of a | ||||||
20 | partnership, trust or a Subchapter S corporation shall be an | ||||||
21 | additional amount equal to 1.5% of such taxpayer's net income | ||||||
22 | for the taxable year. | ||||||
23 | (d-1) Rate reduction for certain foreign insurers. In the | ||||||
24 | case of a foreign insurer, as defined by Section 35A-5 of the | ||||||
25 | Illinois Insurance Code, whose state or country of domicile | ||||||
26 | imposes on insurers domiciled in Illinois a retaliatory tax |
| |||||||
| |||||||
1 | (excluding any insurer whose premiums from reinsurance assumed | ||||||
2 | are 50% or more of its total insurance premiums as determined | ||||||
3 | under paragraph (2) of subsection (b) of Section 304, except | ||||||
4 | that for purposes of this determination premiums from | ||||||
5 | reinsurance do not include premiums from inter-affiliate | ||||||
6 | reinsurance arrangements), beginning with taxable years ending | ||||||
7 | on or after December 31, 1999, the sum of the rates of tax | ||||||
8 | imposed by subsections (b) and (d) shall be reduced (but not | ||||||
9 | increased) to the rate at which the total amount of tax imposed | ||||||
10 | under this Act, net of all credits allowed under this Act, | ||||||
11 | shall equal (i) the total amount of tax that would be imposed | ||||||
12 | on the foreign insurer's net income allocable to Illinois for | ||||||
13 | the taxable year by such foreign insurer's state or country of | ||||||
14 | domicile if that net income were subject to all income taxes | ||||||
15 | and taxes measured by net income imposed by such foreign | ||||||
16 | insurer's state or country of domicile, net of all credits | ||||||
17 | allowed or (ii) a rate of zero if no such tax is imposed on | ||||||
18 | such income by the foreign insurer's state of domicile. For | ||||||
19 | the purposes of this subsection (d-1), an inter-affiliate | ||||||
20 | includes a mutual insurer under common management. | ||||||
21 | (1) For the purposes of subsection (d-1), in no event | ||||||
22 | shall the sum of the rates of tax imposed by subsections | ||||||
23 | (b) and (d) be reduced below the rate at which the sum of: | ||||||
24 | (A) the total amount of tax imposed on such | ||||||
25 | foreign insurer under this Act for a taxable year, net | ||||||
26 | of all credits allowed under this Act, plus |
| |||||||
| |||||||
1 | (B) the privilege tax imposed by Section 409 of | ||||||
2 | the Illinois Insurance Code, the fire insurance | ||||||
3 | company tax imposed by Section 12 of the Fire | ||||||
4 | Investigation Act, and the fire department taxes | ||||||
5 | imposed under Section 11-10-1 of the Illinois | ||||||
6 | Municipal Code, | ||||||
7 | equals 1.25% for taxable years ending prior to December | ||||||
8 | 31, 2003, or 1.75% for taxable years ending on or after | ||||||
9 | December 31, 2003, of the net taxable premiums written for | ||||||
10 | the taxable year, as described by subsection (1) of | ||||||
11 | Section 409 of the Illinois Insurance Code. This paragraph | ||||||
12 | will in no event increase the rates imposed under | ||||||
13 | subsections (b) and (d). | ||||||
14 | (2) Any reduction in the rates of tax imposed by this | ||||||
15 | subsection shall be applied first against the rates | ||||||
16 | imposed by subsection (b) and only after the tax imposed | ||||||
17 | by subsection (a) net of all credits allowed under this | ||||||
18 | Section other than the credit allowed under subsection (i) | ||||||
19 | has been reduced to zero, against the rates imposed by | ||||||
20 | subsection (d). | ||||||
21 | This subsection (d-1) is exempt from the provisions of | ||||||
22 | Section 250. | ||||||
23 | (e) Investment credit. A taxpayer shall be allowed a | ||||||
24 | credit against the Personal Property Tax Replacement Income | ||||||
25 | Tax for investment in qualified property. | ||||||
26 | (1) A taxpayer shall be allowed a credit equal to .5% |
| |||||||
| |||||||
1 | of the basis of qualified property placed in service | ||||||
2 | during the taxable year, provided such property is placed | ||||||
3 | in service on or after July 1, 1984. There shall be allowed | ||||||
4 | an additional credit equal to .5% of the basis of | ||||||
5 | qualified property placed in service during the taxable | ||||||
6 | year, provided such property is placed in service on or | ||||||
7 | after July 1, 1986, and the taxpayer's base employment | ||||||
8 | within Illinois has increased by 1% or more over the | ||||||
9 | preceding year as determined by the taxpayer's employment | ||||||
10 | records filed with the Illinois Department of Employment | ||||||
11 | Security. Taxpayers who are new to Illinois shall be | ||||||
12 | deemed to have met the 1% growth in base employment for the | ||||||
13 | first year in which they file employment records with the | ||||||
14 | Illinois Department of Employment Security. The provisions | ||||||
15 | added to this Section by Public Act 85-1200 (and restored | ||||||
16 | by Public Act 87-895) shall be construed as declaratory of | ||||||
17 | existing law and not as a new enactment. If, in any year, | ||||||
18 | the increase in base employment within Illinois over the | ||||||
19 | preceding year is less than 1%, the additional credit | ||||||
20 | shall be limited to that percentage times a fraction, the | ||||||
21 | numerator of which is .5% and the denominator of which is | ||||||
22 | 1%, but shall not exceed .5%. The investment credit shall | ||||||
23 | not be allowed to the extent that it would reduce a | ||||||
24 | taxpayer's liability in any tax year below zero, nor may | ||||||
25 | any credit for qualified property be allowed for any year | ||||||
26 | other than the year in which the property was placed in |
| |||||||
| |||||||
1 | service in Illinois. For tax years ending on or after | ||||||
2 | December 31, 1987, and on or before December 31, 1988, the | ||||||
3 | credit shall be allowed for the tax year in which the | ||||||
4 | property is placed in service, or, if the amount of the | ||||||
5 | credit exceeds the tax liability for that year, whether it | ||||||
6 | exceeds the original liability or the liability as later | ||||||
7 | amended, such excess may be carried forward and applied to | ||||||
8 | the tax liability of the 5 taxable years following the | ||||||
9 | excess credit years if the taxpayer (i) makes investments | ||||||
10 | which cause the creation of a minimum of 2,000 full-time | ||||||
11 | equivalent jobs in Illinois, (ii) is located in an | ||||||
12 | enterprise zone established pursuant to the Illinois | ||||||
13 | Enterprise Zone Act and (iii) is certified by the | ||||||
14 | Department of Commerce and Community Affairs (now | ||||||
15 | Department of Commerce and Economic Opportunity) as | ||||||
16 | complying with the requirements specified in clause (i) | ||||||
17 | and (ii) by July 1, 1986. The Department of Commerce and | ||||||
18 | Community Affairs (now Department of Commerce and Economic | ||||||
19 | Opportunity) shall notify the Department of Revenue of all | ||||||
20 | such certifications immediately. For tax years ending | ||||||
21 | after December 31, 1988, the credit shall be allowed for | ||||||
22 | the tax year in which the property is placed in service, | ||||||
23 | or, if the amount of the credit exceeds the tax liability | ||||||
24 | for that year, whether it exceeds the original liability | ||||||
25 | or the liability as later amended, such excess may be | ||||||
26 | carried forward and applied to the tax liability of the 5 |
| |||||||
| |||||||
1 | taxable years following the excess credit years. The | ||||||
2 | credit shall be applied to the earliest year for which | ||||||
3 | there is a liability. If there is credit from more than one | ||||||
4 | tax year that is available to offset a liability, earlier | ||||||
5 | credit shall be applied first. | ||||||
6 | (2) The term "qualified property" means property | ||||||
7 | which: | ||||||
8 | (A) is tangible, whether new or used, including | ||||||
9 | buildings and structural components of buildings and | ||||||
10 | signs that are real property, but not including land | ||||||
11 | or improvements to real property that are not a | ||||||
12 | structural component of a building such as | ||||||
13 | landscaping, sewer lines, local access roads, fencing, | ||||||
14 | parking lots, and other appurtenances; | ||||||
15 | (B) is depreciable pursuant to Section 167 of the | ||||||
16 | Internal Revenue Code, except that "3-year property" | ||||||
17 | as defined in Section 168(c)(2)(A) of that Code is not | ||||||
18 | eligible for the credit provided by this subsection | ||||||
19 | (e); | ||||||
20 | (C) is acquired by purchase as defined in Section | ||||||
21 | 179(d) of the Internal Revenue Code; | ||||||
22 | (D) is used in Illinois by a taxpayer who is | ||||||
23 | primarily engaged in manufacturing, or in mining coal | ||||||
24 | or fluorite, or in retailing, or was placed in service | ||||||
25 | on or after July 1, 2006 in a River Edge Redevelopment | ||||||
26 | Zone established pursuant to the River Edge |
| |||||||
| |||||||
1 | Redevelopment Zone Act; and | ||||||
2 | (E) has not previously been used in Illinois in | ||||||
3 | such a manner and by such a person as would qualify for | ||||||
4 | the credit provided by this subsection (e) or | ||||||
5 | subsection (f). | ||||||
6 | (3) For purposes of this subsection (e), | ||||||
7 | "manufacturing" means the material staging and production | ||||||
8 | of tangible personal property by procedures commonly | ||||||
9 | regarded as manufacturing, processing, fabrication, or | ||||||
10 | assembling which changes some existing material into new | ||||||
11 | shapes, new qualities, or new combinations. For purposes | ||||||
12 | of this subsection (e) the term "mining" shall have the | ||||||
13 | same meaning as the term "mining" in Section 613(c) of the | ||||||
14 | Internal Revenue Code. For purposes of this subsection | ||||||
15 | (e), the term "retailing" means the sale of tangible | ||||||
16 | personal property for use or consumption and not for | ||||||
17 | resale, or services rendered in conjunction with the sale | ||||||
18 | of tangible personal property for use or consumption and | ||||||
19 | not for resale. For purposes of this subsection (e), | ||||||
20 | "tangible personal property" has the same meaning as when | ||||||
21 | that term is used in the Retailers' Occupation Tax Act, | ||||||
22 | and, for taxable years ending after December 31, 2008, | ||||||
23 | does not include the generation, transmission, or | ||||||
24 | distribution of electricity. | ||||||
25 | (4) The basis of qualified property shall be the basis | ||||||
26 | used to compute the depreciation deduction for federal |
| |||||||
| |||||||
1 | income tax purposes. | ||||||
2 | (5) If the basis of the property for federal income | ||||||
3 | tax depreciation purposes is increased after it has been | ||||||
4 | placed in service in Illinois by the taxpayer, the amount | ||||||
5 | of such increase shall be deemed property placed in | ||||||
6 | service on the date of such increase in basis. | ||||||
7 | (6) The term "placed in service" shall have the same | ||||||
8 | meaning as under Section 46 of the Internal Revenue Code. | ||||||
9 | (7) If during any taxable year, any property ceases to | ||||||
10 | be qualified property in the hands of the taxpayer within | ||||||
11 | 48 months after being placed in service, or the situs of | ||||||
12 | any qualified property is moved outside Illinois within 48 | ||||||
13 | months after being placed in service, the Personal | ||||||
14 | Property Tax Replacement Income Tax for such taxable year | ||||||
15 | shall be increased. Such increase shall be determined by | ||||||
16 | (i) recomputing the investment credit which would have | ||||||
17 | been allowed for the year in which credit for such | ||||||
18 | property was originally allowed by eliminating such | ||||||
19 | property from such computation and, (ii) subtracting such | ||||||
20 | recomputed credit from the amount of credit previously | ||||||
21 | allowed. For the purposes of this paragraph (7), a | ||||||
22 | reduction of the basis of qualified property resulting | ||||||
23 | from a redetermination of the purchase price shall be | ||||||
24 | deemed a disposition of qualified property to the extent | ||||||
25 | of such reduction. | ||||||
26 | (8) Unless the investment credit is extended by law, |
| |||||||
| |||||||
1 | the basis of qualified property shall not include costs | ||||||
2 | incurred after December 31, 2018, except for costs | ||||||
3 | incurred pursuant to a binding contract entered into on or | ||||||
4 | before December 31, 2018. | ||||||
5 | (9) Each taxable year ending before December 31, 2000, | ||||||
6 | a partnership may elect to pass through to its partners | ||||||
7 | the credits to which the partnership is entitled under | ||||||
8 | this subsection (e) for the taxable year. A partner may | ||||||
9 | use the credit allocated to him or her under this | ||||||
10 | paragraph only against the tax imposed in subsections (c) | ||||||
11 | and (d) of this Section. If the partnership makes that | ||||||
12 | election, those credits shall be allocated among the | ||||||
13 | partners in the partnership in accordance with the rules | ||||||
14 | set forth in Section 704(b) of the Internal Revenue Code, | ||||||
15 | and the rules promulgated under that Section, and the | ||||||
16 | allocated amount of the credits shall be allowed to the | ||||||
17 | partners for that taxable year. The partnership shall make | ||||||
18 | this election on its Personal Property Tax Replacement | ||||||
19 | Income Tax return for that taxable year. The election to | ||||||
20 | pass through the credits shall be irrevocable. | ||||||
21 | For taxable years ending on or after December 31, | ||||||
22 | 2000, a partner that qualifies its partnership for a | ||||||
23 | subtraction under subparagraph (I) of paragraph (2) of | ||||||
24 | subsection (d) of Section 203 or a shareholder that | ||||||
25 | qualifies a Subchapter S corporation for a subtraction | ||||||
26 | under subparagraph (S) of paragraph (2) of subsection (b) |
| |||||||
| |||||||
1 | of Section 203 shall be allowed a credit under this | ||||||
2 | subsection (e) equal to its share of the credit earned | ||||||
3 | under this subsection (e) during the taxable year by the | ||||||
4 | partnership or Subchapter S corporation, determined in | ||||||
5 | accordance with the determination of income and | ||||||
6 | distributive share of income under Sections 702 and 704 | ||||||
7 | and Subchapter S of the Internal Revenue Code. This | ||||||
8 | paragraph is exempt from the provisions of Section 250. | ||||||
9 | (f) Investment credit; Enterprise Zone; River Edge | ||||||
10 | Redevelopment Zone. | ||||||
11 | (1) A taxpayer shall be allowed a credit against the | ||||||
12 | tax imposed by subsections (a) and (b) of this Section for | ||||||
13 | investment in qualified property which is placed in | ||||||
14 | service in an Enterprise Zone created pursuant to the | ||||||
15 | Illinois Enterprise Zone Act or, for property placed in | ||||||
16 | service on or after July 1, 2006, a River Edge | ||||||
17 | Redevelopment Zone established pursuant to the River Edge | ||||||
18 | Redevelopment Zone Act. For partners, shareholders of | ||||||
19 | Subchapter S corporations, and owners of limited liability | ||||||
20 | companies, if the liability company is treated as a | ||||||
21 | partnership for purposes of federal and State income | ||||||
22 | taxation, for taxable years ending before December 31, | ||||||
23 | 2023, there shall be allowed a credit under this | ||||||
24 | subsection (f) to be determined in accordance with the | ||||||
25 | determination of income and distributive share of income | ||||||
26 | under Sections 702 and 704 and Subchapter S of the |
| |||||||
| |||||||
1 | Internal Revenue Code. For taxable years ending on or | ||||||
2 | after December 31, 2023, for partners and shareholders of | ||||||
3 | Subchapter S corporations, the provisions of Section 251 | ||||||
4 | shall apply with respect to the credit under this | ||||||
5 | subsection. The credit shall be .5% of the basis for such | ||||||
6 | property. The credit shall be available only in the | ||||||
7 | taxable year in which the property is placed in service in | ||||||
8 | the Enterprise Zone or River Edge Redevelopment Zone and | ||||||
9 | shall not be allowed to the extent that it would reduce a | ||||||
10 | taxpayer's liability for the tax imposed by subsections | ||||||
11 | (a) and (b) of this Section to below zero. For tax years | ||||||
12 | ending on or after December 31, 1985, the credit shall be | ||||||
13 | allowed for the tax year in which the property is placed in | ||||||
14 | service, or, if the amount of the credit exceeds the tax | ||||||
15 | liability for that year, whether it exceeds the original | ||||||
16 | liability or the liability as later amended, such excess | ||||||
17 | may be carried forward and applied to the tax liability of | ||||||
18 | the 5 taxable years following the excess credit year. The | ||||||
19 | credit shall be applied to the earliest year for which | ||||||
20 | there is a liability. If there is credit from more than one | ||||||
21 | tax year that is available to offset a liability, the | ||||||
22 | credit accruing first in time shall be applied first. | ||||||
23 | (2) The term qualified property means property which: | ||||||
24 | (A) is tangible, whether new or used, including | ||||||
25 | buildings and structural components of buildings; | ||||||
26 | (B) is depreciable pursuant to Section 167 of the |
| |||||||
| |||||||
1 | Internal Revenue Code, except that "3-year property" | ||||||
2 | as defined in Section 168(c)(2)(A) of that Code is not | ||||||
3 | eligible for the credit provided by this subsection | ||||||
4 | (f); | ||||||
5 | (C) is acquired by purchase as defined in Section | ||||||
6 | 179(d) of the Internal Revenue Code; | ||||||
7 | (D) is used in the Enterprise Zone or River Edge | ||||||
8 | Redevelopment Zone by the taxpayer; and | ||||||
9 | (E) has not been previously used in Illinois in | ||||||
10 | such a manner and by such a person as would qualify for | ||||||
11 | the credit provided by this subsection (f) or | ||||||
12 | subsection (e). | ||||||
13 | (3) The basis of qualified property shall be the basis | ||||||
14 | used to compute the depreciation deduction for federal | ||||||
15 | income tax purposes. | ||||||
16 | (4) If the basis of the property for federal income | ||||||
17 | tax depreciation purposes is increased after it has been | ||||||
18 | placed in service in the Enterprise Zone or River Edge | ||||||
19 | Redevelopment Zone by the taxpayer, the amount of such | ||||||
20 | increase shall be deemed property placed in service on the | ||||||
21 | date of such increase in basis. | ||||||
22 | (5) The term "placed in service" shall have the same | ||||||
23 | meaning as under Section 46 of the Internal Revenue Code. | ||||||
24 | (6) If during any taxable year, any property ceases to | ||||||
25 | be qualified property in the hands of the taxpayer within | ||||||
26 | 48 months after being placed in service, or the situs of |
| |||||||
| |||||||
1 | any qualified property is moved outside the Enterprise | ||||||
2 | Zone or River Edge Redevelopment Zone within 48 months | ||||||
3 | after being placed in service, the tax imposed under | ||||||
4 | subsections (a) and (b) of this Section for such taxable | ||||||
5 | year shall be increased. Such increase shall be determined | ||||||
6 | by (i) recomputing the investment credit which would have | ||||||
7 | been allowed for the year in which credit for such | ||||||
8 | property was originally allowed by eliminating such | ||||||
9 | property from such computation, and (ii) subtracting such | ||||||
10 | recomputed credit from the amount of credit previously | ||||||
11 | allowed. For the purposes of this paragraph (6), a | ||||||
12 | reduction of the basis of qualified property resulting | ||||||
13 | from a redetermination of the purchase price shall be | ||||||
14 | deemed a disposition of qualified property to the extent | ||||||
15 | of such reduction. | ||||||
16 | (7) There shall be allowed an additional credit equal | ||||||
17 | to 0.5% of the basis of qualified property placed in | ||||||
18 | service during the taxable year in a River Edge | ||||||
19 | Redevelopment Zone, provided such property is placed in | ||||||
20 | service on or after July 1, 2006, and the taxpayer's base | ||||||
21 | employment within Illinois has increased by 1% or more | ||||||
22 | over the preceding year as determined by the taxpayer's | ||||||
23 | employment records filed with the Illinois Department of | ||||||
24 | Employment Security. Taxpayers who are new to Illinois | ||||||
25 | shall be deemed to have met the 1% growth in base | ||||||
26 | employment for the first year in which they file |
| |||||||
| |||||||
1 | employment records with the Illinois Department of | ||||||
2 | Employment Security. If, in any year, the increase in base | ||||||
3 | employment within Illinois over the preceding year is less | ||||||
4 | than 1%, the additional credit shall be limited to that | ||||||
5 | percentage times a fraction, the numerator of which is | ||||||
6 | 0.5% and the denominator of which is 1%, but shall not | ||||||
7 | exceed 0.5%. | ||||||
8 | (8) For taxable years beginning on or after January 1, | ||||||
9 | 2021, there shall be allowed an Enterprise Zone | ||||||
10 | construction jobs credit against the taxes imposed under | ||||||
11 | subsections (a) and (b) of this Section as provided in | ||||||
12 | Section 13 of the Illinois Enterprise Zone Act. | ||||||
13 | The credit or credits may not reduce the taxpayer's | ||||||
14 | liability to less than zero. If the amount of the credit or | ||||||
15 | credits exceeds the taxpayer's liability, the excess may | ||||||
16 | be carried forward and applied against the taxpayer's | ||||||
17 | liability in succeeding calendar years in the same manner | ||||||
18 | provided under paragraph (4) of Section 211 of this Act. | ||||||
19 | The credit or credits shall be applied to the earliest | ||||||
20 | year for which there is a tax liability. If there are | ||||||
21 | credits from more than one taxable year that are available | ||||||
22 | to offset a liability, the earlier credit shall be applied | ||||||
23 | first. | ||||||
24 | For partners, shareholders of Subchapter S | ||||||
25 | corporations, and owners of limited liability companies, | ||||||
26 | if the liability company is treated as a partnership for |
| |||||||
| |||||||
1 | the purposes of federal and State income taxation, for | ||||||
2 | taxable years ending before December 31, 2023, there shall | ||||||
3 | be allowed a credit under this Section to be determined in | ||||||
4 | accordance with the determination of income and | ||||||
5 | distributive share of income under Sections 702 and 704 | ||||||
6 | and Subchapter S of the Internal Revenue Code. For taxable | ||||||
7 | years ending on or after December 31, 2023, for partners | ||||||
8 | and shareholders of Subchapter S corporations, the | ||||||
9 | provisions of Section 251 shall apply with respect to the | ||||||
10 | credit under this subsection. | ||||||
11 | The total aggregate amount of credits awarded under | ||||||
12 | the Blue Collar Jobs Act (Article 20 of Public Act 101-9) | ||||||
13 | shall not exceed $20,000,000 in any State fiscal year. | ||||||
14 | This paragraph (8) is exempt from the provisions of | ||||||
15 | Section 250. | ||||||
16 | (g) (Blank). | ||||||
17 | (h) Investment credit; High Impact Business. | ||||||
18 | (1) Subject to subsections (b) and (b-5) of Section | ||||||
19 | 5.5 of the Illinois Enterprise Zone Act, a taxpayer shall | ||||||
20 | be allowed a credit against the tax imposed by subsections | ||||||
21 | (a) and (b) of this Section for investment in qualified | ||||||
22 | property which is placed in service by a Department of | ||||||
23 | Commerce and Economic Opportunity designated High Impact | ||||||
24 | Business. The credit shall be .5% of the basis for such | ||||||
25 | property. The credit shall not be available (i) until the | ||||||
26 | minimum investments in qualified property set forth in |
| |||||||
| |||||||
1 | subdivision (a)(3)(A) of Section 5.5 of the Illinois | ||||||
2 | Enterprise Zone Act have been satisfied or (ii) until the | ||||||
3 | time authorized in subsection (b-5) of the Illinois | ||||||
4 | Enterprise Zone Act for entities designated as High Impact | ||||||
5 | Businesses under subdivisions (a)(3)(B), (a)(3)(C), and | ||||||
6 | (a)(3)(D) of Section 5.5 of the Illinois Enterprise Zone | ||||||
7 | Act, and shall not be allowed to the extent that it would | ||||||
8 | reduce a taxpayer's liability for the tax imposed by | ||||||
9 | subsections (a) and (b) of this Section to below zero. The | ||||||
10 | credit applicable to such investments shall be taken in | ||||||
11 | the taxable year in which such investments have been | ||||||
12 | completed. The credit for additional investments beyond | ||||||
13 | the minimum investment by a designated high impact | ||||||
14 | business authorized under subdivision (a)(3)(A) of Section | ||||||
15 | 5.5 of the Illinois Enterprise Zone Act shall be available | ||||||
16 | only in the taxable year in which the property is placed in | ||||||
17 | service and shall not be allowed to the extent that it | ||||||
18 | would reduce a taxpayer's liability for the tax imposed by | ||||||
19 | subsections (a) and (b) of this Section to below zero. For | ||||||
20 | tax years ending on or after December 31, 1987, the credit | ||||||
21 | shall be allowed for the tax year in which the property is | ||||||
22 | placed in service, or, if the amount of the credit exceeds | ||||||
23 | the tax liability for that year, whether it exceeds the | ||||||
24 | original liability or the liability as later amended, such | ||||||
25 | excess may be carried forward and applied to the tax | ||||||
26 | liability of the 5 taxable years following the excess |
| |||||||
| |||||||
1 | credit year. The credit shall be applied to the earliest | ||||||
2 | year for which there is a liability. If there is credit | ||||||
3 | from more than one tax year that is available to offset a | ||||||
4 | liability, the credit accruing first in time shall be | ||||||
5 | applied first. | ||||||
6 | Changes made in this subdivision (h)(1) by Public Act | ||||||
7 | 88-670 restore changes made by Public Act 85-1182 and | ||||||
8 | reflect existing law. | ||||||
9 | (2) The term qualified property means property which: | ||||||
10 | (A) is tangible, whether new or used, including | ||||||
11 | buildings and structural components of buildings; | ||||||
12 | (B) is depreciable pursuant to Section 167 of the | ||||||
13 | Internal Revenue Code, except that "3-year property" | ||||||
14 | as defined in Section 168(c)(2)(A) of that Code is not | ||||||
15 | eligible for the credit provided by this subsection | ||||||
16 | (h); | ||||||
17 | (C) is acquired by purchase as defined in Section | ||||||
18 | 179(d) of the Internal Revenue Code; and | ||||||
19 | (D) is not eligible for the Enterprise Zone | ||||||
20 | Investment Credit provided by subsection (f) of this | ||||||
21 | Section. | ||||||
22 | (3) The basis of qualified property shall be the basis | ||||||
23 | used to compute the depreciation deduction for federal | ||||||
24 | income tax purposes. | ||||||
25 | (4) If the basis of the property for federal income | ||||||
26 | tax depreciation purposes is increased after it has been |
| |||||||
| |||||||
1 | placed in service in a federally designated Foreign Trade | ||||||
2 | Zone or Sub-Zone located in Illinois by the taxpayer, the | ||||||
3 | amount of such increase shall be deemed property placed in | ||||||
4 | service on the date of such increase in basis. | ||||||
5 | (5) The term "placed in service" shall have the same | ||||||
6 | meaning as under Section 46 of the Internal Revenue Code. | ||||||
7 | (6) If during any taxable year ending on or before | ||||||
8 | December 31, 1996, any property ceases to be qualified | ||||||
9 | property in the hands of the taxpayer within 48 months | ||||||
10 | after being placed in service, or the situs of any | ||||||
11 | qualified property is moved outside Illinois within 48 | ||||||
12 | months after being placed in service, the tax imposed | ||||||
13 | under subsections (a) and (b) of this Section for such | ||||||
14 | taxable year shall be increased. Such increase shall be | ||||||
15 | determined by (i) recomputing the investment credit which | ||||||
16 | would have been allowed for the year in which credit for | ||||||
17 | such property was originally allowed by eliminating such | ||||||
18 | property from such computation, and (ii) subtracting such | ||||||
19 | recomputed credit from the amount of credit previously | ||||||
20 | allowed. For the purposes of this paragraph (6), a | ||||||
21 | reduction of the basis of qualified property resulting | ||||||
22 | from a redetermination of the purchase price shall be | ||||||
23 | deemed a disposition of qualified property to the extent | ||||||
24 | of such reduction. | ||||||
25 | (7) Beginning with tax years ending after December 31, | ||||||
26 | 1996, if a taxpayer qualifies for the credit under this |
| |||||||
| |||||||
1 | subsection (h) and thereby is granted a tax abatement and | ||||||
2 | the taxpayer relocates its entire facility in violation of | ||||||
3 | the explicit terms and length of the contract under | ||||||
4 | Section 18-183 of the Property Tax Code, the tax imposed | ||||||
5 | under subsections (a) and (b) of this Section shall be | ||||||
6 | increased for the taxable year in which the taxpayer | ||||||
7 | relocated its facility by an amount equal to the amount of | ||||||
8 | credit received by the taxpayer under this subsection (h). | ||||||
9 | (h-5) High Impact Business construction jobs credit. For | ||||||
10 | taxable years beginning on or after January 1, 2021, there | ||||||
11 | shall also be allowed a High Impact Business construction jobs | ||||||
12 | credit against the tax imposed under subsections (a) and (b) | ||||||
13 | of this Section as provided in subsections (i) and (j) of | ||||||
14 | Section 5.5 of the Illinois Enterprise Zone Act. | ||||||
15 | The credit or credits may not reduce the taxpayer's | ||||||
16 | liability to less than zero. If the amount of the credit or | ||||||
17 | credits exceeds the taxpayer's liability, the excess may be | ||||||
18 | carried forward and applied against the taxpayer's liability | ||||||
19 | in succeeding calendar years in the manner provided under | ||||||
20 | paragraph (4) of Section 211 of this Act. The credit or credits | ||||||
21 | shall be applied to the earliest year for which there is a tax | ||||||
22 | liability. If there are credits from more than one taxable | ||||||
23 | year that are available to offset a liability, the earlier | ||||||
24 | credit shall be applied first. | ||||||
25 | For partners, shareholders of Subchapter S corporations, | ||||||
26 | and owners of limited liability companies, for taxable years |
| |||||||
| |||||||
1 | ending before December 31, 2023, if the liability company is | ||||||
2 | treated as a partnership for the purposes of federal and State | ||||||
3 | income taxation, there shall be allowed a credit under this | ||||||
4 | Section to be determined in accordance with the determination | ||||||
5 | of income and distributive share of income under Sections 702 | ||||||
6 | and 704 and Subchapter S of the Internal Revenue Code. For | ||||||
7 | taxable years ending on or after December 31, 2023, for | ||||||
8 | partners and shareholders of Subchapter S corporations, the | ||||||
9 | provisions of Section 251 shall apply with respect to the | ||||||
10 | credit under this subsection. | ||||||
11 | The total aggregate amount of credits awarded under the | ||||||
12 | Blue Collar Jobs Act (Article 20 of Public Act 101-9) shall not | ||||||
13 | exceed $20,000,000 in any State fiscal year. | ||||||
14 | This subsection (h-5) is exempt from the provisions of | ||||||
15 | Section 250. | ||||||
16 | (i) Credit for Personal Property Tax Replacement Income | ||||||
17 | Tax. For tax years ending prior to December 31, 2003, a credit | ||||||
18 | shall be allowed against the tax imposed by subsections (a) | ||||||
19 | and (b) of this Section for the tax imposed by subsections (c) | ||||||
20 | and (d) of this Section. This credit shall be computed by | ||||||
21 | multiplying the tax imposed by subsections (c) and (d) of this | ||||||
22 | Section by a fraction, the numerator of which is base income | ||||||
23 | allocable to Illinois and the denominator of which is Illinois | ||||||
24 | base income, and further multiplying the product by the tax | ||||||
25 | rate imposed by subsections (a) and (b) of this Section. | ||||||
26 | Any credit earned on or after December 31, 1986 under this |
| |||||||
| |||||||
1 | subsection which is unused in the year the credit is computed | ||||||
2 | because it exceeds the tax liability imposed by subsections | ||||||
3 | (a) and (b) for that year (whether it exceeds the original | ||||||
4 | liability or the liability as later amended) may be carried | ||||||
5 | forward and applied to the tax liability imposed by | ||||||
6 | subsections (a) and (b) of the 5 taxable years following the | ||||||
7 | excess credit year, provided that no credit may be carried | ||||||
8 | forward to any year ending on or after December 31, 2003. This | ||||||
9 | credit shall be applied first to the earliest year for which | ||||||
10 | there is a liability. If there is a credit under this | ||||||
11 | subsection from more than one tax year that is available to | ||||||
12 | offset a liability the earliest credit arising under this | ||||||
13 | subsection shall be applied first. | ||||||
14 | If, during any taxable year ending on or after December | ||||||
15 | 31, 1986, the tax imposed by subsections (c) and (d) of this | ||||||
16 | Section for which a taxpayer has claimed a credit under this | ||||||
17 | subsection (i) is reduced, the amount of credit for such tax | ||||||
18 | shall also be reduced. Such reduction shall be determined by | ||||||
19 | recomputing the credit to take into account the reduced tax | ||||||
20 | imposed by subsections (c) and (d). If any portion of the | ||||||
21 | reduced amount of credit has been carried to a different | ||||||
22 | taxable year, an amended return shall be filed for such | ||||||
23 | taxable year to reduce the amount of credit claimed. | ||||||
24 | (j) Training expense credit. Beginning with tax years | ||||||
25 | ending on or after December 31, 1986 and prior to December 31, | ||||||
26 | 2003, a taxpayer shall be allowed a credit against the tax |
| |||||||
| |||||||
1 | imposed by subsections (a) and (b) under this Section for all | ||||||
2 | amounts paid or accrued, on behalf of all persons employed by | ||||||
3 | the taxpayer in Illinois or Illinois residents employed | ||||||
4 | outside of Illinois by a taxpayer, for educational or | ||||||
5 | vocational training in semi-technical or technical fields or | ||||||
6 | semi-skilled or skilled fields, which were deducted from gross | ||||||
7 | income in the computation of taxable income. The credit | ||||||
8 | against the tax imposed by subsections (a) and (b) shall be | ||||||
9 | 1.6% of such training expenses. For partners, shareholders of | ||||||
10 | subchapter S corporations, and owners of limited liability | ||||||
11 | companies, if the liability company is treated as a | ||||||
12 | partnership for purposes of federal and State income taxation, | ||||||
13 | for taxable years ending before December 31, 2023, there shall | ||||||
14 | be allowed a credit under this subsection (j) to be determined | ||||||
15 | in accordance with the determination of income and | ||||||
16 | distributive share of income under Sections 702 and 704 and | ||||||
17 | subchapter S of the Internal Revenue Code. For taxable years | ||||||
18 | ending on or after December 31, 2023, for partners and | ||||||
19 | shareholders of Subchapter S corporations, the provisions of | ||||||
20 | Section 251 shall apply with respect to the credit under this | ||||||
21 | subsection. | ||||||
22 | Any credit allowed under this subsection which is unused | ||||||
23 | in the year the credit is earned may be carried forward to each | ||||||
24 | of the 5 taxable years following the year for which the credit | ||||||
25 | is first computed until it is used. This credit shall be | ||||||
26 | applied first to the earliest year for which there is a |
| |||||||
| |||||||
1 | liability. If there is a credit under this subsection from | ||||||
2 | more than one tax year that is available to offset a liability, | ||||||
3 | the earliest credit arising under this subsection shall be | ||||||
4 | applied first. No carryforward credit may be claimed in any | ||||||
5 | tax year ending on or after December 31, 2003. | ||||||
6 | (k) Research and development credit. For tax years ending | ||||||
7 | after July 1, 1990 and prior to December 31, 2003, and | ||||||
8 | beginning again for tax years ending on or after December 31, | ||||||
9 | 2004, and ending prior to January 1, 2027, a taxpayer shall be | ||||||
10 | allowed a credit against the tax imposed by subsections (a) | ||||||
11 | and (b) of this Section for increasing research activities in | ||||||
12 | this State. The credit allowed against the tax imposed by | ||||||
13 | subsections (a) and (b) shall be equal to 6 1/2% of the | ||||||
14 | qualifying expenditures for increasing research activities in | ||||||
15 | this State. For partners, shareholders of subchapter S | ||||||
16 | corporations, and owners of limited liability companies, if | ||||||
17 | the liability company is treated as a partnership for purposes | ||||||
18 | of federal and State income taxation, for taxable years ending | ||||||
19 | before December 31, 2023, there shall be allowed a credit | ||||||
20 | under this subsection to be determined in accordance with the | ||||||
21 | determination of income and distributive share of income under | ||||||
22 | Sections 702 and 704 and subchapter S of the Internal Revenue | ||||||
23 | Code. For taxable years ending on or after December 31, 2023, | ||||||
24 | for partners and shareholders of Subchapter S corporations, | ||||||
25 | the provisions of Section 251 shall apply with respect to the | ||||||
26 | credit under this subsection. |
| |||||||
| |||||||
1 | For purposes of this subsection, "qualifying expenditures" | ||||||
2 | means the qualifying expenditures as defined for the federal | ||||||
3 | credit for increasing research activities which would be | ||||||
4 | allowable under Section 41 of the Internal Revenue Code and | ||||||
5 | which are conducted in this State, "qualifying expenditures | ||||||
6 | for increasing research activities in this State" means the | ||||||
7 | excess of qualifying expenditures for the taxable year in | ||||||
8 | which incurred over qualifying expenditures for the base | ||||||
9 | period, "qualifying expenditures for the base period" means | ||||||
10 | the average of the qualifying expenditures for each year in | ||||||
11 | the base period, and "base period" means the 3 taxable years | ||||||
12 | immediately preceding the taxable year for which the | ||||||
13 | determination is being made. | ||||||
14 | Any credit in excess of the tax liability for the taxable | ||||||
15 | year may be carried forward. A taxpayer may elect to have the | ||||||
16 | unused credit shown on its final completed return carried over | ||||||
17 | as a credit against the tax liability for the following 5 | ||||||
18 | taxable years or until it has been fully used, whichever | ||||||
19 | occurs first; provided that no credit earned in a tax year | ||||||
20 | ending prior to December 31, 2003 may be carried forward to any | ||||||
21 | year ending on or after December 31, 2003. | ||||||
22 | If an unused credit is carried forward to a given year from | ||||||
23 | 2 or more earlier years, that credit arising in the earliest | ||||||
24 | year will be applied first against the tax liability for the | ||||||
25 | given year. If a tax liability for the given year still | ||||||
26 | remains, the credit from the next earliest year will then be |
| |||||||
| |||||||
1 | applied, and so on, until all credits have been used or no tax | ||||||
2 | liability for the given year remains. Any remaining unused | ||||||
3 | credit or credits then will be carried forward to the next | ||||||
4 | following year in which a tax liability is incurred, except | ||||||
5 | that no credit can be carried forward to a year which is more | ||||||
6 | than 5 years after the year in which the expense for which the | ||||||
7 | credit is given was incurred. | ||||||
8 | No inference shall be drawn from Public Act 91-644 in | ||||||
9 | construing this Section for taxable years beginning before | ||||||
10 | January 1, 1999. | ||||||
11 | It is the intent of the General Assembly that the research | ||||||
12 | and development credit under this subsection (k) shall apply | ||||||
13 | continuously for all tax years ending on or after December 31, | ||||||
14 | 2004 and ending prior to January 1, 2027, including, but not | ||||||
15 | limited to, the period beginning on January 1, 2016 and ending | ||||||
16 | on July 6, 2017 (the effective date of Public Act 100-22). All | ||||||
17 | actions taken in reliance on the continuation of the credit | ||||||
18 | under this subsection (k) by any taxpayer are hereby | ||||||
19 | validated. | ||||||
20 | (l) Environmental Remediation Tax Credit. | ||||||
21 | (i) For tax years ending after December 31, 1997 and | ||||||
22 | on or before December 31, 2001, a taxpayer shall be | ||||||
23 | allowed a credit against the tax imposed by subsections | ||||||
24 | (a) and (b) of this Section for certain amounts paid for | ||||||
25 | unreimbursed eligible remediation costs, as specified in | ||||||
26 | this subsection. For purposes of this Section, |
| |||||||
| |||||||
1 | "unreimbursed eligible remediation costs" means costs | ||||||
2 | approved by the Illinois Environmental Protection Agency | ||||||
3 | ("Agency") under Section 58.14 of the Environmental | ||||||
4 | Protection Act that were paid in performing environmental | ||||||
5 | remediation at a site for which a No Further Remediation | ||||||
6 | Letter was issued by the Agency and recorded under Section | ||||||
7 | 58.10 of the Environmental Protection Act. The credit must | ||||||
8 | be claimed for the taxable year in which Agency approval | ||||||
9 | of the eligible remediation costs is granted. The credit | ||||||
10 | is not available to any taxpayer if the taxpayer or any | ||||||
11 | related party caused or contributed to, in any material | ||||||
12 | respect, a release of regulated substances on, in, or | ||||||
13 | under the site that was identified and addressed by the | ||||||
14 | remedial action pursuant to the Site Remediation Program | ||||||
15 | of the Environmental Protection Act. After the Pollution | ||||||
16 | Control Board rules are adopted pursuant to the Illinois | ||||||
17 | Administrative Procedure Act for the administration and | ||||||
18 | enforcement of Section 58.9 of the Environmental | ||||||
19 | Protection Act, determinations as to credit availability | ||||||
20 | for purposes of this Section shall be made consistent with | ||||||
21 | those rules. For purposes of this Section, "taxpayer" | ||||||
22 | includes a person whose tax attributes the taxpayer has | ||||||
23 | succeeded to under Section 381 of the Internal Revenue | ||||||
24 | Code and "related party" includes the persons disallowed a | ||||||
25 | deduction for losses by paragraphs (b), (c), and (f)(1) of | ||||||
26 | Section 267 of the Internal Revenue Code by virtue of |
| |||||||
| |||||||
1 | being a related taxpayer, as well as any of its partners. | ||||||
2 | The credit allowed against the tax imposed by subsections | ||||||
3 | (a) and (b) shall be equal to 25% of the unreimbursed | ||||||
4 | eligible remediation costs in excess of $100,000 per site, | ||||||
5 | except that the $100,000 threshold shall not apply to any | ||||||
6 | site contained in an enterprise zone as determined by the | ||||||
7 | Department of Commerce and Community Affairs (now | ||||||
8 | Department of Commerce and Economic Opportunity). The | ||||||
9 | total credit allowed shall not exceed $40,000 per year | ||||||
10 | with a maximum total of $150,000 per site. For partners | ||||||
11 | and shareholders of subchapter S corporations, there shall | ||||||
12 | be allowed a credit under this subsection to be determined | ||||||
13 | in accordance with the determination of income and | ||||||
14 | distributive share of income under Sections 702 and 704 | ||||||
15 | and subchapter S of the Internal Revenue Code. | ||||||
16 | (ii) A credit allowed under this subsection that is | ||||||
17 | unused in the year the credit is earned may be carried | ||||||
18 | forward to each of the 5 taxable years following the year | ||||||
19 | for which the credit is first earned until it is used. The | ||||||
20 | term "unused credit" does not include any amounts of | ||||||
21 | unreimbursed eligible remediation costs in excess of the | ||||||
22 | maximum credit per site authorized under paragraph (i). | ||||||
23 | This credit shall be applied first to the earliest year | ||||||
24 | for which there is a liability. If there is a credit under | ||||||
25 | this subsection from more than one tax year that is | ||||||
26 | available to offset a liability, the earliest credit |
| |||||||
| |||||||
1 | arising under this subsection shall be applied first. A | ||||||
2 | credit allowed under this subsection may be sold to a | ||||||
3 | buyer as part of a sale of all or part of the remediation | ||||||
4 | site for which the credit was granted. The purchaser of a | ||||||
5 | remediation site and the tax credit shall succeed to the | ||||||
6 | unused credit and remaining carry-forward period of the | ||||||
7 | seller. To perfect the transfer, the assignor shall record | ||||||
8 | the transfer in the chain of title for the site and provide | ||||||
9 | written notice to the Director of the Illinois Department | ||||||
10 | of Revenue of the assignor's intent to sell the | ||||||
11 | remediation site and the amount of the tax credit to be | ||||||
12 | transferred as a portion of the sale. In no event may a | ||||||
13 | credit be transferred to any taxpayer if the taxpayer or a | ||||||
14 | related party would not be eligible under the provisions | ||||||
15 | of subsection (i). | ||||||
16 | (iii) For purposes of this Section, the term "site" | ||||||
17 | shall have the same meaning as under Section 58.2 of the | ||||||
18 | Environmental Protection Act. | ||||||
19 | (m) Education expense credit. Beginning with tax years | ||||||
20 | ending after December 31, 1999, a taxpayer who is the | ||||||
21 | custodian of one or more qualifying pupils shall be allowed a | ||||||
22 | credit against the tax imposed by subsections (a) and (b) of | ||||||
23 | this Section for qualified education expenses incurred on | ||||||
24 | behalf of the qualifying pupils. The credit shall be equal to | ||||||
25 | 25% of qualified education expenses, but in no event may the | ||||||
26 | total credit under this subsection claimed by a family that is |
| |||||||
| |||||||
1 | the custodian of qualifying pupils exceed (i) $500 for tax | ||||||
2 | years ending prior to December 31, 2017, and (ii) $750 for tax | ||||||
3 | years ending on or after December 31, 2017. In no event shall a | ||||||
4 | credit under this subsection reduce the taxpayer's liability | ||||||
5 | under this Act to less than zero. Notwithstanding any other | ||||||
6 | provision of law, for taxable years beginning on or after | ||||||
7 | January 1, 2017, no taxpayer may claim a credit under this | ||||||
8 | subsection (m) if the taxpayer's adjusted gross income for the | ||||||
9 | taxable year exceeds (i) $500,000, in the case of spouses | ||||||
10 | filing a joint federal tax return or (ii) $250,000, in the case | ||||||
11 | of all other taxpayers. This subsection is exempt from the | ||||||
12 | provisions of Section 250 of this Act. | ||||||
13 | For purposes of this subsection: | ||||||
14 | "Qualifying pupils" means individuals who (i) are | ||||||
15 | residents of the State of Illinois, (ii) are under the age of | ||||||
16 | 21 at the close of the school year for which a credit is | ||||||
17 | sought, and (iii) during the school year for which a credit is | ||||||
18 | sought were full-time pupils enrolled in a kindergarten | ||||||
19 | through twelfth grade education program at any school, as | ||||||
20 | defined in this subsection. | ||||||
21 | "Qualified education expense" means the amount incurred on | ||||||
22 | behalf of a qualifying pupil in excess of $250 for tuition, | ||||||
23 | book fees, and lab fees at the school in which the pupil is | ||||||
24 | enrolled during the regular school year. | ||||||
25 | "School" means any public or nonpublic elementary or | ||||||
26 | secondary school in Illinois that is in compliance with Title |
| |||||||
| |||||||
1 | VI of the Civil Rights Act of 1964 and attendance at which | ||||||
2 | satisfies the requirements of Section 26-1 of the School Code, | ||||||
3 | except that nothing shall be construed to require a child to | ||||||
4 | attend any particular public or nonpublic school to qualify | ||||||
5 | for the credit under this Section. | ||||||
6 | "Custodian" means, with respect to qualifying pupils, an | ||||||
7 | Illinois resident who is a parent, the parents, a legal | ||||||
8 | guardian, or the legal guardians of the qualifying pupils. | ||||||
9 | (n) River Edge Redevelopment Zone site remediation tax | ||||||
10 | credit. | ||||||
11 | (i) For tax years ending on or after December 31, | ||||||
12 | 2006, a taxpayer shall be allowed a credit against the tax | ||||||
13 | imposed by subsections (a) and (b) of this Section for | ||||||
14 | certain amounts paid for unreimbursed eligible remediation | ||||||
15 | costs, as specified in this subsection. For purposes of | ||||||
16 | this Section, "unreimbursed eligible remediation costs" | ||||||
17 | means costs approved by the Illinois Environmental | ||||||
18 | Protection Agency ("Agency") under Section 58.14a of the | ||||||
19 | Environmental Protection Act that were paid in performing | ||||||
20 | environmental remediation at a site within a River Edge | ||||||
21 | Redevelopment Zone for which a No Further Remediation | ||||||
22 | Letter was issued by the Agency and recorded under Section | ||||||
23 | 58.10 of the Environmental Protection Act. The credit must | ||||||
24 | be claimed for the taxable year in which Agency approval | ||||||
25 | of the eligible remediation costs is granted. The credit | ||||||
26 | is not available to any taxpayer if the taxpayer or any |
| |||||||
| |||||||
1 | related party caused or contributed to, in any material | ||||||
2 | respect, a release of regulated substances on, in, or | ||||||
3 | under the site that was identified and addressed by the | ||||||
4 | remedial action pursuant to the Site Remediation Program | ||||||
5 | of the Environmental Protection Act. Determinations as to | ||||||
6 | credit availability for purposes of this Section shall be | ||||||
7 | made consistent with rules adopted by the Pollution | ||||||
8 | Control Board pursuant to the Illinois Administrative | ||||||
9 | Procedure Act for the administration and enforcement of | ||||||
10 | Section 58.9 of the Environmental Protection Act. For | ||||||
11 | purposes of this Section, "taxpayer" includes a person | ||||||
12 | whose tax attributes the taxpayer has succeeded to under | ||||||
13 | Section 381 of the Internal Revenue Code and "related | ||||||
14 | party" includes the persons disallowed a deduction for | ||||||
15 | losses by paragraphs (b), (c), and (f)(1) of Section 267 | ||||||
16 | of the Internal Revenue Code by virtue of being a related | ||||||
17 | taxpayer, as well as any of its partners. The credit | ||||||
18 | allowed against the tax imposed by subsections (a) and (b) | ||||||
19 | shall be equal to 25% of the unreimbursed eligible | ||||||
20 | remediation costs in excess of $100,000 per site. | ||||||
21 | (ii) A credit allowed under this subsection that is | ||||||
22 | unused in the year the credit is earned may be carried | ||||||
23 | forward to each of the 5 taxable years following the year | ||||||
24 | for which the credit is first earned until it is used. This | ||||||
25 | credit shall be applied first to the earliest year for | ||||||
26 | which there is a liability. If there is a credit under this |
| |||||||
| |||||||
1 | subsection from more than one tax year that is available | ||||||
2 | to offset a liability, the earliest credit arising under | ||||||
3 | this subsection shall be applied first. A credit allowed | ||||||
4 | under this subsection may be sold to a buyer as part of a | ||||||
5 | sale of all or part of the remediation site for which the | ||||||
6 | credit was granted. The purchaser of a remediation site | ||||||
7 | and the tax credit shall succeed to the unused credit and | ||||||
8 | remaining carry-forward period of the seller. To perfect | ||||||
9 | the transfer, the assignor shall record the transfer in | ||||||
10 | the chain of title for the site and provide written notice | ||||||
11 | to the Director of the Illinois Department of Revenue of | ||||||
12 | the assignor's intent to sell the remediation site and the | ||||||
13 | amount of the tax credit to be transferred as a portion of | ||||||
14 | the sale. In no event may a credit be transferred to any | ||||||
15 | taxpayer if the taxpayer or a related party would not be | ||||||
16 | eligible under the provisions of subsection (i). | ||||||
17 | (iii) For purposes of this Section, the term "site" | ||||||
18 | shall have the same meaning as under Section 58.2 of the | ||||||
19 | Environmental Protection Act. | ||||||
20 | (o) For each of taxable years during the Compassionate Use | ||||||
21 | of Medical Cannabis Program, a surcharge is imposed on all | ||||||
22 | taxpayers on income arising from the sale or exchange of | ||||||
23 | capital assets, depreciable business property, real property | ||||||
24 | used in the trade or business, and Section 197 intangibles of | ||||||
25 | an organization registrant under the Compassionate Use of | ||||||
26 | Medical Cannabis Program Act. The amount of the surcharge is |
| |||||||
| |||||||
1 | equal to the amount of federal income tax liability for the | ||||||
2 | taxable year attributable to those sales and exchanges. The | ||||||
3 | surcharge imposed does not apply if: | ||||||
4 | (1) the medical cannabis cultivation center | ||||||
5 | registration, medical cannabis dispensary registration, or | ||||||
6 | the property of a registration is transferred as a result | ||||||
7 | of any of the following: | ||||||
8 | (A) bankruptcy, a receivership, or a debt | ||||||
9 | adjustment initiated by or against the initial | ||||||
10 | registration or the substantial owners of the initial | ||||||
11 | registration; | ||||||
12 | (B) cancellation, revocation, or termination of | ||||||
13 | any registration by the Illinois Department of Public | ||||||
14 | Health; | ||||||
15 | (C) a determination by the Illinois Department of | ||||||
16 | Public Health that transfer of the registration is in | ||||||
17 | the best interests of Illinois qualifying patients as | ||||||
18 | defined by the Compassionate Use of Medical Cannabis | ||||||
19 | Program Act; | ||||||
20 | (D) the death of an owner of the equity interest in | ||||||
21 | a registrant; | ||||||
22 | (E) the acquisition of a controlling interest in | ||||||
23 | the stock or substantially all of the assets of a | ||||||
24 | publicly traded company; | ||||||
25 | (F) a transfer by a parent company to a wholly | ||||||
26 | owned subsidiary; or |
| |||||||
| |||||||
1 | (G) the transfer or sale to or by one person to | ||||||
2 | another person where both persons were initial owners | ||||||
3 | of the registration when the registration was issued; | ||||||
4 | or | ||||||
5 | (2) the cannabis cultivation center registration, | ||||||
6 | medical cannabis dispensary registration, or the | ||||||
7 | controlling interest in a registrant's property is | ||||||
8 | transferred in a transaction to lineal descendants in | ||||||
9 | which no gain or loss is recognized or as a result of a | ||||||
10 | transaction in accordance with Section 351 of the Internal | ||||||
11 | Revenue Code in which no gain or loss is recognized. | ||||||
12 | (p) Pass-through entity tax. | ||||||
13 | (1) For taxable years ending on or after December 31, | ||||||
14 | 2021 and beginning prior to January 1, 2026, a partnership | ||||||
15 | (other than a publicly traded partnership under Section | ||||||
16 | 7704 of the Internal Revenue Code) or Subchapter S | ||||||
17 | corporation may elect to apply the provisions of this | ||||||
18 | subsection. A separate election shall be made for each | ||||||
19 | taxable year. Such election shall be made at such time, | ||||||
20 | and in such form and manner as prescribed by the | ||||||
21 | Department, and, once made, is irrevocable. | ||||||
22 | (2) Entity-level tax. A partnership or Subchapter S | ||||||
23 | corporation electing to apply the provisions of this | ||||||
24 | subsection shall be subject to a tax for the privilege of | ||||||
25 | earning or receiving income in this State in an amount | ||||||
26 | equal to 4.95% of the taxpayer's net income for the |
| |||||||
| |||||||
1 | taxable year. | ||||||
2 | (3) Net income defined. | ||||||
3 | (A) In general. For purposes of paragraph (2), the | ||||||
4 | term net income has the same meaning as defined in | ||||||
5 | Section 202 of this Act, except that, for tax years | ||||||
6 | ending on or after December 31, 2023, a deduction | ||||||
7 | shall be allowed in computing base income for | ||||||
8 | distributions to a retired partner to the extent that | ||||||
9 | the partner's distributions are exempt from tax under | ||||||
10 | Section 203(a)(2)(F) of this Act. In addition, the | ||||||
11 | following modifications shall not apply: | ||||||
12 | (i) the standard exemption allowed under | ||||||
13 | Section 204; | ||||||
14 | (ii) the deduction for net losses allowed | ||||||
15 | under Section 207; | ||||||
16 | (iii) in the case of an S corporation, the | ||||||
17 | modification under Section 203(b)(2)(S); and | ||||||
18 | (iv) in the case of a partnership, the | ||||||
19 | modifications under Section 203(d)(2)(H) and | ||||||
20 | Section 203(d)(2)(I). | ||||||
21 | (B) Special rule for tiered partnerships. If a | ||||||
22 | taxpayer making the election under paragraph (1) is a | ||||||
23 | partner of another taxpayer making the election under | ||||||
24 | paragraph (1), net income shall be computed as | ||||||
25 | provided in subparagraph (A), except that the taxpayer | ||||||
26 | shall subtract its distributive share of the net |
| |||||||
| |||||||
1 | income of the electing partnership (including its | ||||||
2 | distributive share of the net income of the electing | ||||||
3 | partnership derived as a distributive share from | ||||||
4 | electing partnerships in which it is a partner). | ||||||
5 | (4) Credit for entity level tax. Each partner or | ||||||
6 | shareholder of a taxpayer making the election under this | ||||||
7 | Section shall be allowed a credit against the tax imposed | ||||||
8 | under subsections (a) and (b) of Section 201 of this Act | ||||||
9 | for the taxable year of the partnership or Subchapter S | ||||||
10 | corporation for which an election is in effect ending | ||||||
11 | within or with the taxable year of the partner or | ||||||
12 | shareholder in an amount equal to 4.95% times the partner | ||||||
13 | or shareholder's distributive share of the net income of | ||||||
14 | the electing partnership or Subchapter S corporation, but | ||||||
15 | not to exceed the partner's or shareholder's share of the | ||||||
16 | tax imposed under paragraph (1) which is actually paid by | ||||||
17 | the partnership or Subchapter S corporation. If the | ||||||
18 | taxpayer is a partnership or Subchapter S corporation that | ||||||
19 | is itself a partner of a partnership making the election | ||||||
20 | under paragraph (1), the credit under this paragraph shall | ||||||
21 | be allowed to the taxpayer's partners or shareholders (or | ||||||
22 | if the partner is a partnership or Subchapter S | ||||||
23 | corporation then its partners or shareholders) in | ||||||
24 | accordance with the determination of income and | ||||||
25 | distributive share of income under Sections 702 and 704 | ||||||
26 | and Subchapter S of the Internal Revenue Code. If the |
| |||||||
| |||||||
1 | amount of the credit allowed under this paragraph exceeds | ||||||
2 | the partner's or shareholder's liability for tax imposed | ||||||
3 | under subsections (a) and (b) of Section 201 of this Act | ||||||
4 | for the taxable year, such excess shall be treated as an | ||||||
5 | overpayment for purposes of Section 909 of this Act. | ||||||
6 | (5) Nonresidents. A nonresident individual who is a | ||||||
7 | partner or shareholder of a partnership or Subchapter S | ||||||
8 | corporation for a taxable year for which an election is in | ||||||
9 | effect under paragraph (1) shall not be required to file | ||||||
10 | an income tax return under this Act for such taxable year | ||||||
11 | if the only source of net income of the individual (or the | ||||||
12 | individual and the individual's spouse in the case of a | ||||||
13 | joint return) is from an entity making the election under | ||||||
14 | paragraph (1) and the credit allowed to the partner or | ||||||
15 | shareholder under paragraph (4) equals or exceeds the | ||||||
16 | individual's liability for the tax imposed under | ||||||
17 | subsections (a) and (b) of Section 201 of this Act for the | ||||||
18 | taxable year. | ||||||
19 | (6) Liability for tax. Except as provided in this | ||||||
20 | paragraph, a partnership or Subchapter S making the | ||||||
21 | election under paragraph (1) is liable for the | ||||||
22 | entity-level tax imposed under paragraph (2). If the | ||||||
23 | electing partnership or corporation fails to pay the full | ||||||
24 | amount of tax deemed assessed under paragraph (2), the | ||||||
25 | partners or shareholders shall be liable to pay the tax | ||||||
26 | assessed (including penalties and interest). Each partner |
| |||||||
| |||||||
1 | or shareholder shall be liable for the unpaid assessment | ||||||
2 | based on the ratio of the partner's or shareholder's share | ||||||
3 | of the net income of the partnership over the total net | ||||||
4 | income of the partnership. If the partnership or | ||||||
5 | Subchapter S corporation fails to pay the tax assessed | ||||||
6 | (including penalties and interest) and thereafter an | ||||||
7 | amount of such tax is paid by the partners or | ||||||
8 | shareholders, such amount shall not be collected from the | ||||||
9 | partnership or corporation. | ||||||
10 | (7) Foreign tax. For purposes of the credit allowed | ||||||
11 | under Section 601(b)(3) of this Act, tax paid by a | ||||||
12 | partnership or Subchapter S corporation to another state | ||||||
13 | which, as determined by the Department, is substantially | ||||||
14 | similar to the tax imposed under this subsection, shall be | ||||||
15 | considered tax paid by the partner or shareholder to the | ||||||
16 | extent that the partner's or shareholder's share of the | ||||||
17 | income of the partnership or Subchapter S corporation | ||||||
18 | allocated and apportioned to such other state bears to the | ||||||
19 | total income of the partnership or Subchapter S | ||||||
20 | corporation allocated or apportioned to such other state. | ||||||
21 | (8) Suspension of withholding. The provisions of | ||||||
22 | Section 709.5 of this Act shall not apply to a partnership | ||||||
23 | or Subchapter S corporation for the taxable year for which | ||||||
24 | an election under paragraph (1) is in effect. | ||||||
25 | (9) Requirement to pay estimated tax. For each taxable | ||||||
26 | year for which an election under paragraph (1) is in |
| |||||||
| |||||||
1 | effect, a partnership or Subchapter S corporation is | ||||||
2 | required to pay estimated tax for such taxable year under | ||||||
3 | Sections 803 and 804 of this Act if the amount payable as | ||||||
4 | estimated tax can reasonably be expected to exceed $500. | ||||||
5 | (10) The provisions of this subsection shall apply | ||||||
6 | only with respect to taxable years for which the | ||||||
7 | limitation on individual deductions applies under Section | ||||||
8 | 164(b)(6) of the Internal Revenue Code. | ||||||
9 | (Source: P.A. 102-558, eff. 8-20-21; 102-658, eff. 8-27-21; | ||||||
10 | 103-9, eff. 6-7-23; 103-396, eff. 1-1-24; revised 12-12-23.)
| ||||||
11 | (35 ILCS 5/203) | ||||||
12 | Sec. 203. Base income defined. | ||||||
13 | (a) Individuals. | ||||||
14 | (1) In general. In the case of an individual, base | ||||||
15 | income means an amount equal to the taxpayer's adjusted | ||||||
16 | gross income for the taxable year as modified by paragraph | ||||||
17 | (2). | ||||||
18 | (2) Modifications. The adjusted gross income referred | ||||||
19 | to in paragraph (1) shall be modified by adding thereto | ||||||
20 | the sum of the following amounts: | ||||||
21 | (A) An amount equal to all amounts paid or accrued | ||||||
22 | to the taxpayer as interest or dividends during the | ||||||
23 | taxable year to the extent excluded from gross income | ||||||
24 | in the computation of adjusted gross income, except | ||||||
25 | stock dividends of qualified public utilities |
| |||||||
| |||||||
1 | described in Section 305(e) of the Internal Revenue | ||||||
2 | Code; | ||||||
3 | (B) An amount equal to the amount of tax imposed by | ||||||
4 | this Act to the extent deducted from gross income in | ||||||
5 | the computation of adjusted gross income for the | ||||||
6 | taxable year; | ||||||
7 | (C) An amount equal to the amount received during | ||||||
8 | the taxable year as a recovery or refund of real | ||||||
9 | property taxes paid with respect to the taxpayer's | ||||||
10 | principal residence under the Revenue Act of 1939 and | ||||||
11 | for which a deduction was previously taken under | ||||||
12 | subparagraph (L) of this paragraph (2) prior to July | ||||||
13 | 1, 1991, the retrospective application date of Article | ||||||
14 | 4 of Public Act 87-17. In the case of multi-unit or | ||||||
15 | multi-use structures and farm dwellings, the taxes on | ||||||
16 | the taxpayer's principal residence shall be that | ||||||
17 | portion of the total taxes for the entire property | ||||||
18 | which is attributable to such principal residence; | ||||||
19 | (D) An amount equal to the amount of the capital | ||||||
20 | gain deduction allowable under the Internal Revenue | ||||||
21 | Code, to the extent deducted from gross income in the | ||||||
22 | computation of adjusted gross income; | ||||||
23 | (D-5) An amount, to the extent not included in | ||||||
24 | adjusted gross income, equal to the amount of money | ||||||
25 | withdrawn by the taxpayer in the taxable year from a | ||||||
26 | medical care savings account and the interest earned |
| |||||||
| |||||||
1 | on the account in the taxable year of a withdrawal | ||||||
2 | pursuant to subsection (b) of Section 20 of the | ||||||
3 | Medical Care Savings Account Act or subsection (b) of | ||||||
4 | Section 20 of the Medical Care Savings Account Act of | ||||||
5 | 2000; | ||||||
6 | (D-10) For taxable years ending after December 31, | ||||||
7 | 1997, an amount equal to any eligible remediation | ||||||
8 | costs that the individual deducted in computing | ||||||
9 | adjusted gross income and for which the individual | ||||||
10 | claims a credit under subsection (l) of Section 201; | ||||||
11 | (D-15) For taxable years 2001 and thereafter, an | ||||||
12 | amount equal to the bonus depreciation deduction taken | ||||||
13 | on the taxpayer's federal income tax return for the | ||||||
14 | taxable year under subsection (k) of Section 168 of | ||||||
15 | the Internal Revenue Code; | ||||||
16 | (D-16) If the taxpayer sells, transfers, abandons, | ||||||
17 | or otherwise disposes of property for which the | ||||||
18 | taxpayer was required in any taxable year to make an | ||||||
19 | addition modification under subparagraph (D-15), then | ||||||
20 | an amount equal to the aggregate amount of the | ||||||
21 | deductions taken in all taxable years under | ||||||
22 | subparagraph (Z) with respect to that property. | ||||||
23 | If the taxpayer continues to own property through | ||||||
24 | the last day of the last tax year for which a | ||||||
25 | subtraction is allowed with respect to that property | ||||||
26 | under subparagraph (Z) and for which the taxpayer was |
| |||||||
| |||||||
1 | allowed in any taxable year to make a subtraction | ||||||
2 | modification under subparagraph (Z), then an amount | ||||||
3 | equal to that subtraction modification. | ||||||
4 | The taxpayer is required to make the addition | ||||||
5 | modification under this subparagraph only once with | ||||||
6 | respect to any one piece of property; | ||||||
7 | (D-17) An amount equal to the amount otherwise | ||||||
8 | allowed as a deduction in computing base income for | ||||||
9 | interest paid, accrued, or incurred, directly or | ||||||
10 | indirectly, (i) for taxable years ending on or after | ||||||
11 | December 31, 2004, to a foreign person who would be a | ||||||
12 | member of the same unitary business group but for the | ||||||
13 | fact that foreign person's business activity outside | ||||||
14 | the United States is 80% or more of the foreign | ||||||
15 | person's total business activity and (ii) for taxable | ||||||
16 | years ending on or after December 31, 2008, to a person | ||||||
17 | who would be a member of the same unitary business | ||||||
18 | group but for the fact that the person is prohibited | ||||||
19 | under Section 1501(a)(27) from being included in the | ||||||
20 | unitary business group because he or she is ordinarily | ||||||
21 | required to apportion business income under different | ||||||
22 | subsections of Section 304. The addition modification | ||||||
23 | required by this subparagraph shall be reduced to the | ||||||
24 | extent that dividends were included in base income of | ||||||
25 | the unitary group for the same taxable year and | ||||||
26 | received by the taxpayer or by a member of the |
| |||||||
| |||||||
1 | taxpayer's unitary business group (including amounts | ||||||
2 | included in gross income under Sections 951 through | ||||||
3 | 964 of the Internal Revenue Code and amounts included | ||||||
4 | in gross income under Section 78 of the Internal | ||||||
5 | Revenue Code) with respect to the stock of the same | ||||||
6 | person to whom the interest was paid, accrued, or | ||||||
7 | incurred. | ||||||
8 | This paragraph shall not apply to the following: | ||||||
9 | (i) an item of interest paid, accrued, or | ||||||
10 | incurred, directly or indirectly, to a person who | ||||||
11 | is subject in a foreign country or state, other | ||||||
12 | than a state which requires mandatory unitary | ||||||
13 | reporting, to a tax on or measured by net income | ||||||
14 | with respect to such interest; or | ||||||
15 | (ii) an item of interest paid, accrued, or | ||||||
16 | incurred, directly or indirectly, to a person if | ||||||
17 | the taxpayer can establish, based on a | ||||||
18 | preponderance of the evidence, both of the | ||||||
19 | following: | ||||||
20 | (a) the person, during the same taxable | ||||||
21 | year, paid, accrued, or incurred, the interest | ||||||
22 | to a person that is not a related member, and | ||||||
23 | (b) the transaction giving rise to the | ||||||
24 | interest expense between the taxpayer and the | ||||||
25 | person did not have as a principal purpose the | ||||||
26 | avoidance of Illinois income tax, and is paid |
| |||||||
| |||||||
1 | pursuant to a contract or agreement that | ||||||
2 | reflects an arm's-length interest rate and | ||||||
3 | terms; or | ||||||
4 | (iii) the taxpayer can establish, based on | ||||||
5 | clear and convincing evidence, that the interest | ||||||
6 | paid, accrued, or incurred relates to a contract | ||||||
7 | or agreement entered into at arm's-length rates | ||||||
8 | and terms and the principal purpose for the | ||||||
9 | payment is not federal or Illinois tax avoidance; | ||||||
10 | or | ||||||
11 | (iv) an item of interest paid, accrued, or | ||||||
12 | incurred, directly or indirectly, to a person if | ||||||
13 | the taxpayer establishes by clear and convincing | ||||||
14 | evidence that the adjustments are unreasonable; or | ||||||
15 | if the taxpayer and the Director agree in writing | ||||||
16 | to the application or use of an alternative method | ||||||
17 | of apportionment under Section 304(f). | ||||||
18 | Nothing in this subsection shall preclude the | ||||||
19 | Director from making any other adjustment | ||||||
20 | otherwise allowed under Section 404 of this Act | ||||||
21 | for any tax year beginning after the effective | ||||||
22 | date of this amendment provided such adjustment is | ||||||
23 | made pursuant to regulation adopted by the | ||||||
24 | Department and such regulations provide methods | ||||||
25 | and standards by which the Department will utilize | ||||||
26 | its authority under Section 404 of this Act; |
| |||||||
| |||||||
1 | (D-18) An amount equal to the amount of intangible | ||||||
2 | expenses and costs otherwise allowed as a deduction in | ||||||
3 | computing base income, and that were paid, accrued, or | ||||||
4 | incurred, directly or indirectly, (i) for taxable | ||||||
5 | years ending on or after December 31, 2004, to a | ||||||
6 | foreign person who would be a member of the same | ||||||
7 | unitary business group but for the fact that the | ||||||
8 | foreign person's business activity outside the United | ||||||
9 | States is 80% or more of that person's total business | ||||||
10 | activity and (ii) for taxable years ending on or after | ||||||
11 | December 31, 2008, to a person who would be a member of | ||||||
12 | the same unitary business group but for the fact that | ||||||
13 | the person is prohibited under Section 1501(a)(27) | ||||||
14 | from being included in the unitary business group | ||||||
15 | because he or she is ordinarily required to apportion | ||||||
16 | business income under different subsections of Section | ||||||
17 | 304. The addition modification required by this | ||||||
18 | subparagraph shall be reduced to the extent that | ||||||
19 | dividends were included in base income of the unitary | ||||||
20 | group for the same taxable year and received by the | ||||||
21 | taxpayer or by a member of the taxpayer's unitary | ||||||
22 | business group (including amounts included in gross | ||||||
23 | income under Sections 951 through 964 of the Internal | ||||||
24 | Revenue Code and amounts included in gross income | ||||||
25 | under Section 78 of the Internal Revenue Code) with | ||||||
26 | respect to the stock of the same person to whom the |
| |||||||
| |||||||
1 | intangible expenses and costs were directly or | ||||||
2 | indirectly paid, incurred, or accrued. The preceding | ||||||
3 | sentence does not apply to the extent that the same | ||||||
4 | dividends caused a reduction to the addition | ||||||
5 | modification required under Section 203(a)(2)(D-17) of | ||||||
6 | this Act. As used in this subparagraph, the term | ||||||
7 | "intangible expenses and costs" includes (1) expenses, | ||||||
8 | losses, and costs for, or related to, the direct or | ||||||
9 | indirect acquisition, use, maintenance or management, | ||||||
10 | ownership, sale, exchange, or any other disposition of | ||||||
11 | intangible property; (2) losses incurred, directly or | ||||||
12 | indirectly, from factoring transactions or discounting | ||||||
13 | transactions; (3) royalty, patent, technical, and | ||||||
14 | copyright fees; (4) licensing fees; and (5) other | ||||||
15 | similar expenses and costs. For purposes of this | ||||||
16 | subparagraph, "intangible property" includes patents, | ||||||
17 | patent applications, trade names, trademarks, service | ||||||
18 | marks, copyrights, mask works, trade secrets, and | ||||||
19 | similar types of intangible assets. | ||||||
20 | This paragraph shall not apply to the following: | ||||||
21 | (i) any item of intangible expenses or costs | ||||||
22 | paid, accrued, or incurred, directly or | ||||||
23 | indirectly, from a transaction with a person who | ||||||
24 | is subject in a foreign country or state, other | ||||||
25 | than a state which requires mandatory unitary | ||||||
26 | reporting, to a tax on or measured by net income |
| |||||||
| |||||||
1 | with respect to such item; or | ||||||
2 | (ii) any item of intangible expense or cost | ||||||
3 | paid, accrued, or incurred, directly or | ||||||
4 | indirectly, if the taxpayer can establish, based | ||||||
5 | on a preponderance of the evidence, both of the | ||||||
6 | following: | ||||||
7 | (a) the person during the same taxable | ||||||
8 | year paid, accrued, or incurred, the | ||||||
9 | intangible expense or cost to a person that is | ||||||
10 | not a related member, and | ||||||
11 | (b) the transaction giving rise to the | ||||||
12 | intangible expense or cost between the | ||||||
13 | taxpayer and the person did not have as a | ||||||
14 | principal purpose the avoidance of Illinois | ||||||
15 | income tax, and is paid pursuant to a contract | ||||||
16 | or agreement that reflects arm's-length terms; | ||||||
17 | or | ||||||
18 | (iii) any item of intangible expense or cost | ||||||
19 | paid, accrued, or incurred, directly or | ||||||
20 | indirectly, from a transaction with a person if | ||||||
21 | the taxpayer establishes by clear and convincing | ||||||
22 | evidence, that the adjustments are unreasonable; | ||||||
23 | or if the taxpayer and the Director agree in | ||||||
24 | writing to the application or use of an | ||||||
25 | alternative method of apportionment under Section | ||||||
26 | 304(f); |
| |||||||
| |||||||
1 | Nothing in this subsection shall preclude the | ||||||
2 | Director from making any other adjustment | ||||||
3 | otherwise allowed under Section 404 of this Act | ||||||
4 | for any tax year beginning after the effective | ||||||
5 | date of this amendment provided such adjustment is | ||||||
6 | made pursuant to regulation adopted by the | ||||||
7 | Department and such regulations provide methods | ||||||
8 | and standards by which the Department will utilize | ||||||
9 | its authority under Section 404 of this Act; | ||||||
10 | (D-19) For taxable years ending on or after | ||||||
11 | December 31, 2008, an amount equal to the amount of | ||||||
12 | insurance premium expenses and costs otherwise allowed | ||||||
13 | as a deduction in computing base income, and that were | ||||||
14 | paid, accrued, or incurred, directly or indirectly, to | ||||||
15 | a person who would be a member of the same unitary | ||||||
16 | business group but for the fact that the person is | ||||||
17 | prohibited under Section 1501(a)(27) from being | ||||||
18 | included in the unitary business group because he or | ||||||
19 | she is ordinarily required to apportion business | ||||||
20 | income under different subsections of Section 304. The | ||||||
21 | addition modification required by this subparagraph | ||||||
22 | shall be reduced to the extent that dividends were | ||||||
23 | included in base income of the unitary group for the | ||||||
24 | same taxable year and received by the taxpayer or by a | ||||||
25 | member of the taxpayer's unitary business group | ||||||
26 | (including amounts included in gross income under |
| |||||||
| |||||||
1 | Sections 951 through 964 of the Internal Revenue Code | ||||||
2 | and amounts included in gross income under Section 78 | ||||||
3 | of the Internal Revenue Code) with respect to the | ||||||
4 | stock of the same person to whom the premiums and costs | ||||||
5 | were directly or indirectly paid, incurred, or | ||||||
6 | accrued. The preceding sentence does not apply to the | ||||||
7 | extent that the same dividends caused a reduction to | ||||||
8 | the addition modification required under Section | ||||||
9 | 203(a)(2)(D-17) or Section 203(a)(2)(D-18) of this | ||||||
10 | Act; | ||||||
11 | (D-20) For taxable years beginning on or after | ||||||
12 | January 1, 2002 and ending on or before December 31, | ||||||
13 | 2006, in the case of a distribution from a qualified | ||||||
14 | tuition program under Section 529 of the Internal | ||||||
15 | Revenue Code, other than (i) a distribution from a | ||||||
16 | College Savings Pool created under Section 16.5 of the | ||||||
17 | State Treasurer Act or (ii) a distribution from the | ||||||
18 | Illinois Prepaid Tuition Trust Fund, an amount equal | ||||||
19 | to the amount excluded from gross income under Section | ||||||
20 | 529(c)(3)(B). For taxable years beginning on or after | ||||||
21 | January 1, 2007, in the case of a distribution from a | ||||||
22 | qualified tuition program under Section 529 of the | ||||||
23 | Internal Revenue Code, other than (i) a distribution | ||||||
24 | from a College Savings Pool created under Section 16.5 | ||||||
25 | of the State Treasurer Act, (ii) a distribution from | ||||||
26 | the Illinois Prepaid Tuition Trust Fund, or (iii) a |
| |||||||
| |||||||
1 | distribution from a qualified tuition program under | ||||||
2 | Section 529 of the Internal Revenue Code that (I) | ||||||
3 | adopts and determines that its offering materials | ||||||
4 | comply with the College Savings Plans Network's | ||||||
5 | disclosure principles and (II) has made reasonable | ||||||
6 | efforts to inform in-state residents of the existence | ||||||
7 | of in-state qualified tuition programs by informing | ||||||
8 | Illinois residents directly and, where applicable, to | ||||||
9 | inform financial intermediaries distributing the | ||||||
10 | program to inform in-state residents of the existence | ||||||
11 | of in-state qualified tuition programs at least | ||||||
12 | annually, an amount equal to the amount excluded from | ||||||
13 | gross income under Section 529(c)(3)(B). | ||||||
14 | For the purposes of this subparagraph (D-20), a | ||||||
15 | qualified tuition program has made reasonable efforts | ||||||
16 | if it makes disclosures (which may use the term | ||||||
17 | "in-state program" or "in-state plan" and need not | ||||||
18 | specifically refer to Illinois or its qualified | ||||||
19 | programs by name) (i) directly to prospective | ||||||
20 | participants in its offering materials or makes a | ||||||
21 | public disclosure, such as a website posting; and (ii) | ||||||
22 | where applicable, to intermediaries selling the | ||||||
23 | out-of-state program in the same manner that the | ||||||
24 | out-of-state program distributes its offering | ||||||
25 | materials; | ||||||
26 | (D-20.5) For taxable years beginning on or after |
| |||||||
| |||||||
1 | January 1, 2018, in the case of a distribution from a | ||||||
2 | qualified ABLE program under Section 529A of the | ||||||
3 | Internal Revenue Code, other than a distribution from | ||||||
4 | a qualified ABLE program created under Section 16.6 of | ||||||
5 | the State Treasurer Act, an amount equal to the amount | ||||||
6 | excluded from gross income under Section 529A(c)(1)(B) | ||||||
7 | of the Internal Revenue Code; | ||||||
8 | (D-21) For taxable years beginning on or after | ||||||
9 | January 1, 2007, in the case of transfer of moneys from | ||||||
10 | a qualified tuition program under Section 529 of the | ||||||
11 | Internal Revenue Code that is administered by the | ||||||
12 | State to an out-of-state program, an amount equal to | ||||||
13 | the amount of moneys previously deducted from base | ||||||
14 | income under subsection (a)(2)(Y) of this Section; | ||||||
15 | (D-21.5) For taxable years beginning on or after | ||||||
16 | January 1, 2018, in the case of the transfer of moneys | ||||||
17 | from a qualified tuition program under Section 529 or | ||||||
18 | a qualified ABLE program under Section 529A of the | ||||||
19 | Internal Revenue Code that is administered by this | ||||||
20 | State to an ABLE account established under an | ||||||
21 | out-of-state ABLE account program, an amount equal to | ||||||
22 | the contribution component of the transferred amount | ||||||
23 | that was previously deducted from base income under | ||||||
24 | subsection (a)(2)(Y) or subsection (a)(2)(HH) of this | ||||||
25 | Section; | ||||||
26 | (D-22) For taxable years beginning on or after |
| |||||||
| |||||||
1 | January 1, 2009, and prior to January 1, 2018, in the | ||||||
2 | case of a nonqualified withdrawal or refund of moneys | ||||||
3 | from a qualified tuition program under Section 529 of | ||||||
4 | the Internal Revenue Code administered by the State | ||||||
5 | that is not used for qualified expenses at an eligible | ||||||
6 | education institution, an amount equal to the | ||||||
7 | contribution component of the nonqualified withdrawal | ||||||
8 | or refund that was previously deducted from base | ||||||
9 | income under subsection (a)(2)(y) of this Section, | ||||||
10 | provided that the withdrawal or refund did not result | ||||||
11 | from the beneficiary's death or disability. For | ||||||
12 | taxable years beginning on or after January 1, 2018: | ||||||
13 | (1) in the case of a nonqualified withdrawal or | ||||||
14 | refund, as defined under Section 16.5 of the State | ||||||
15 | Treasurer Act, of moneys from a qualified tuition | ||||||
16 | program under Section 529 of the Internal Revenue Code | ||||||
17 | administered by the State, an amount equal to the | ||||||
18 | contribution component of the nonqualified withdrawal | ||||||
19 | or refund that was previously deducted from base | ||||||
20 | income under subsection (a)(2)(Y) of this Section, and | ||||||
21 | (2) in the case of a nonqualified withdrawal or refund | ||||||
22 | from a qualified ABLE program under Section 529A of | ||||||
23 | the Internal Revenue Code administered by the State | ||||||
24 | that is not used for qualified disability expenses, an | ||||||
25 | amount equal to the contribution component of the | ||||||
26 | nonqualified withdrawal or refund that was previously |
| |||||||
| |||||||
1 | deducted from base income under subsection (a)(2)(HH) | ||||||
2 | of this Section; | ||||||
3 | (D-23) An amount equal to the credit allowable to | ||||||
4 | the taxpayer under Section 218(a) of this Act, | ||||||
5 | determined without regard to Section 218(c) of this | ||||||
6 | Act; | ||||||
7 | (D-24) For taxable years ending on or after | ||||||
8 | December 31, 2017, an amount equal to the deduction | ||||||
9 | allowed under Section 199 of the Internal Revenue Code | ||||||
10 | for the taxable year; | ||||||
11 | (D-25) In the case of a resident, an amount equal | ||||||
12 | to the amount of tax for which a credit is allowed | ||||||
13 | pursuant to Section 201(p)(7) of this Act; | ||||||
14 | and by deducting from the total so obtained the sum of the | ||||||
15 | following amounts: | ||||||
16 | (E) For taxable years ending before December 31, | ||||||
17 | 2001, any amount included in such total in respect of | ||||||
18 | any compensation (including but not limited to any | ||||||
19 | compensation paid or accrued to a serviceman while a | ||||||
20 | prisoner of war or missing in action) paid to a | ||||||
21 | resident by reason of being on active duty in the Armed | ||||||
22 | Forces of the United States and in respect of any | ||||||
23 | compensation paid or accrued to a resident who as a | ||||||
24 | governmental employee was a prisoner of war or missing | ||||||
25 | in action, and in respect of any compensation paid to a | ||||||
26 | resident in 1971 or thereafter for annual training |
| |||||||
| |||||||
1 | performed pursuant to Sections 502 and 503, Title 32, | ||||||
2 | United States Code as a member of the Illinois | ||||||
3 | National Guard or, beginning with taxable years ending | ||||||
4 | on or after December 31, 2007, the National Guard of | ||||||
5 | any other state. For taxable years ending on or after | ||||||
6 | December 31, 2001, any amount included in such total | ||||||
7 | in respect of any compensation (including but not | ||||||
8 | limited to any compensation paid or accrued to a | ||||||
9 | serviceman while a prisoner of war or missing in | ||||||
10 | action) paid to a resident by reason of being a member | ||||||
11 | of any component of the Armed Forces of the United | ||||||
12 | States and in respect of any compensation paid or | ||||||
13 | accrued to a resident who as a governmental employee | ||||||
14 | was a prisoner of war or missing in action, and in | ||||||
15 | respect of any compensation paid to a resident in 2001 | ||||||
16 | or thereafter by reason of being a member of the | ||||||
17 | Illinois National Guard or, beginning with taxable | ||||||
18 | years ending on or after December 31, 2007, the | ||||||
19 | National Guard of any other state. The provisions of | ||||||
20 | this subparagraph (E) are exempt from the provisions | ||||||
21 | of Section 250; | ||||||
22 | (F) An amount equal to all amounts included in | ||||||
23 | such total pursuant to the provisions of Sections | ||||||
24 | 402(a), 402(c), 403(a), 403(b), 406(a), 407(a), and | ||||||
25 | 408 of the Internal Revenue Code, or included in such | ||||||
26 | total as distributions under the provisions of any |
| |||||||
| |||||||
1 | retirement or disability plan for employees of any | ||||||
2 | governmental agency or unit, or retirement payments to | ||||||
3 | retired partners, which payments are excluded in | ||||||
4 | computing net earnings from self employment by Section | ||||||
5 | 1402 of the Internal Revenue Code and regulations | ||||||
6 | adopted pursuant thereto; | ||||||
7 | (G) The valuation limitation amount; | ||||||
8 | (H) An amount equal to the amount of any tax | ||||||
9 | imposed by this Act which was refunded to the taxpayer | ||||||
10 | and included in such total for the taxable year; | ||||||
11 | (I) An amount equal to all amounts included in | ||||||
12 | such total pursuant to the provisions of Section 111 | ||||||
13 | of the Internal Revenue Code as a recovery of items | ||||||
14 | previously deducted from adjusted gross income in the | ||||||
15 | computation of taxable income; | ||||||
16 | (J) An amount equal to those dividends included in | ||||||
17 | such total which were paid by a corporation which | ||||||
18 | conducts business operations in a River Edge | ||||||
19 | Redevelopment Zone or zones created under the River | ||||||
20 | Edge Redevelopment Zone Act, and conducts | ||||||
21 | substantially all of its operations in a River Edge | ||||||
22 | Redevelopment Zone or zones. This subparagraph (J) is | ||||||
23 | exempt from the provisions of Section 250; | ||||||
24 | (K) An amount equal to those dividends included in | ||||||
25 | such total that were paid by a corporation that | ||||||
26 | conducts business operations in a federally designated |
| |||||||
| |||||||
1 | Foreign Trade Zone or Sub-Zone and that is designated | ||||||
2 | a High Impact Business located in Illinois; provided | ||||||
3 | that dividends eligible for the deduction provided in | ||||||
4 | subparagraph (J) of paragraph (2) of this subsection | ||||||
5 | shall not be eligible for the deduction provided under | ||||||
6 | this subparagraph (K); | ||||||
7 | (L) For taxable years ending after December 31, | ||||||
8 | 1983, an amount equal to all social security benefits | ||||||
9 | and railroad retirement benefits included in such | ||||||
10 | total pursuant to Sections 72(r) and 86 of the | ||||||
11 | Internal Revenue Code; | ||||||
12 | (M) With the exception of any amounts subtracted | ||||||
13 | under subparagraph (N), an amount equal to the sum of | ||||||
14 | all amounts disallowed as deductions by (i) Sections | ||||||
15 | 171(a)(2) and 265(a)(2) of the Internal Revenue Code, | ||||||
16 | and all amounts of expenses allocable to interest and | ||||||
17 | disallowed as deductions by Section 265(a)(1) of the | ||||||
18 | Internal Revenue Code; and (ii) for taxable years | ||||||
19 | ending on or after August 13, 1999, Sections | ||||||
20 | 171(a)(2), 265, 280C, and 832(b)(5)(B)(i) of the | ||||||
21 | Internal Revenue Code, plus, for taxable years ending | ||||||
22 | on or after December 31, 2011, Section 45G(e)(3) of | ||||||
23 | the Internal Revenue Code and, for taxable years | ||||||
24 | ending on or after December 31, 2008, any amount | ||||||
25 | included in gross income under Section 87 of the | ||||||
26 | Internal Revenue Code; the provisions of this |
| |||||||
| |||||||
1 | subparagraph are exempt from the provisions of Section | ||||||
2 | 250; | ||||||
3 | (N) An amount equal to all amounts included in | ||||||
4 | such total which are exempt from taxation by this | ||||||
5 | State either by reason of its statutes or Constitution | ||||||
6 | or by reason of the Constitution, treaties or statutes | ||||||
7 | of the United States; provided that, in the case of any | ||||||
8 | statute of this State that exempts income derived from | ||||||
9 | bonds or other obligations from the tax imposed under | ||||||
10 | this Act, the amount exempted shall be the interest | ||||||
11 | net of bond premium amortization; | ||||||
12 | (O) An amount equal to any contribution made to a | ||||||
13 | job training project established pursuant to the Tax | ||||||
14 | Increment Allocation Redevelopment Act; | ||||||
15 | (P) An amount equal to the amount of the deduction | ||||||
16 | used to compute the federal income tax credit for | ||||||
17 | restoration of substantial amounts held under claim of | ||||||
18 | right for the taxable year pursuant to Section 1341 of | ||||||
19 | the Internal Revenue Code or of any itemized deduction | ||||||
20 | taken from adjusted gross income in the computation of | ||||||
21 | taxable income for restoration of substantial amounts | ||||||
22 | held under claim of right for the taxable year; | ||||||
23 | (Q) An amount equal to any amounts included in | ||||||
24 | such total, received by the taxpayer as an | ||||||
25 | acceleration in the payment of life, endowment or | ||||||
26 | annuity benefits in advance of the time they would |
| |||||||
| |||||||
1 | otherwise be payable as an indemnity for a terminal | ||||||
2 | illness; | ||||||
3 | (R) An amount equal to the amount of any federal or | ||||||
4 | State bonus paid to veterans of the Persian Gulf War; | ||||||
5 | (S) An amount, to the extent included in adjusted | ||||||
6 | gross income, equal to the amount of a contribution | ||||||
7 | made in the taxable year on behalf of the taxpayer to a | ||||||
8 | medical care savings account established under the | ||||||
9 | Medical Care Savings Account Act or the Medical Care | ||||||
10 | Savings Account Act of 2000 to the extent the | ||||||
11 | contribution is accepted by the account administrator | ||||||
12 | as provided in that Act; | ||||||
13 | (T) An amount, to the extent included in adjusted | ||||||
14 | gross income, equal to the amount of interest earned | ||||||
15 | in the taxable year on a medical care savings account | ||||||
16 | established under the Medical Care Savings Account Act | ||||||
17 | or the Medical Care Savings Account Act of 2000 on | ||||||
18 | behalf of the taxpayer, other than interest added | ||||||
19 | pursuant to item (D-5) of this paragraph (2); | ||||||
20 | (U) For one taxable year beginning on or after | ||||||
21 | January 1, 1994, an amount equal to the total amount of | ||||||
22 | tax imposed and paid under subsections (a) and (b) of | ||||||
23 | Section 201 of this Act on grant amounts received by | ||||||
24 | the taxpayer under the Nursing Home Grant Assistance | ||||||
25 | Act during the taxpayer's taxable years 1992 and 1993; | ||||||
26 | (V) Beginning with tax years ending on or after |
| |||||||
| |||||||
1 | December 31, 1995 and ending with tax years ending on | ||||||
2 | or before December 31, 2004, an amount equal to the | ||||||
3 | amount paid by a taxpayer who is a self-employed | ||||||
4 | taxpayer, a partner of a partnership, or a shareholder | ||||||
5 | in a Subchapter S corporation for health insurance or | ||||||
6 | long-term care insurance for that taxpayer or that | ||||||
7 | taxpayer's spouse or dependents, to the extent that | ||||||
8 | the amount paid for that health insurance or long-term | ||||||
9 | care insurance may be deducted under Section 213 of | ||||||
10 | the Internal Revenue Code, has not been deducted on | ||||||
11 | the federal income tax return of the taxpayer, and | ||||||
12 | does not exceed the taxable income attributable to | ||||||
13 | that taxpayer's income, self-employment income, or | ||||||
14 | Subchapter S corporation income; except that no | ||||||
15 | deduction shall be allowed under this item (V) if the | ||||||
16 | taxpayer is eligible to participate in any health | ||||||
17 | insurance or long-term care insurance plan of an | ||||||
18 | employer of the taxpayer or the taxpayer's spouse. The | ||||||
19 | amount of the health insurance and long-term care | ||||||
20 | insurance subtracted under this item (V) shall be | ||||||
21 | determined by multiplying total health insurance and | ||||||
22 | long-term care insurance premiums paid by the taxpayer | ||||||
23 | times a number that represents the fractional | ||||||
24 | percentage of eligible medical expenses under Section | ||||||
25 | 213 of the Internal Revenue Code of 1986 not actually | ||||||
26 | deducted on the taxpayer's federal income tax return; |
| |||||||
| |||||||
1 | (W) For taxable years beginning on or after | ||||||
2 | January 1, 1998, all amounts included in the | ||||||
3 | taxpayer's federal gross income in the taxable year | ||||||
4 | from amounts converted from a regular IRA to a Roth | ||||||
5 | IRA. This paragraph is exempt from the provisions of | ||||||
6 | Section 250; | ||||||
7 | (X) For taxable year 1999 and thereafter, an | ||||||
8 | amount equal to the amount of any (i) distributions, | ||||||
9 | to the extent includible in gross income for federal | ||||||
10 | income tax purposes, made to the taxpayer because of | ||||||
11 | his or her status as a victim of persecution for racial | ||||||
12 | or religious reasons by Nazi Germany or any other Axis | ||||||
13 | regime or as an heir of the victim and (ii) items of | ||||||
14 | income, to the extent includible in gross income for | ||||||
15 | federal income tax purposes, attributable to, derived | ||||||
16 | from or in any way related to assets stolen from, | ||||||
17 | hidden from, or otherwise lost to a victim of | ||||||
18 | persecution for racial or religious reasons by Nazi | ||||||
19 | Germany or any other Axis regime immediately prior to, | ||||||
20 | during, and immediately after World War II, including, | ||||||
21 | but not limited to, interest on the proceeds | ||||||
22 | receivable as insurance under policies issued to a | ||||||
23 | victim of persecution for racial or religious reasons | ||||||
24 | by Nazi Germany or any other Axis regime by European | ||||||
25 | insurance companies immediately prior to and during | ||||||
26 | World War II; provided, however, this subtraction from |
| |||||||
| |||||||
1 | federal adjusted gross income does not apply to assets | ||||||
2 | acquired with such assets or with the proceeds from | ||||||
3 | the sale of such assets; provided, further, this | ||||||
4 | paragraph shall only apply to a taxpayer who was the | ||||||
5 | first recipient of such assets after their recovery | ||||||
6 | and who is a victim of persecution for racial or | ||||||
7 | religious reasons by Nazi Germany or any other Axis | ||||||
8 | regime or as an heir of the victim. The amount of and | ||||||
9 | the eligibility for any public assistance, benefit, or | ||||||
10 | similar entitlement is not affected by the inclusion | ||||||
11 | of items (i) and (ii) of this paragraph in gross income | ||||||
12 | for federal income tax purposes. This paragraph is | ||||||
13 | exempt from the provisions of Section 250; | ||||||
14 | (Y) For taxable years beginning on or after | ||||||
15 | January 1, 2002 and ending on or before December 31, | ||||||
16 | 2004, moneys contributed in the taxable year to a | ||||||
17 | College Savings Pool account under Section 16.5 of the | ||||||
18 | State Treasurer Act, except that amounts excluded from | ||||||
19 | gross income under Section 529(c)(3)(C)(i) of the | ||||||
20 | Internal Revenue Code shall not be considered moneys | ||||||
21 | contributed under this subparagraph (Y). For taxable | ||||||
22 | years beginning on or after January 1, 2005, a maximum | ||||||
23 | of $10,000 contributed in the taxable year to (i) a | ||||||
24 | College Savings Pool account under Section 16.5 of the | ||||||
25 | State Treasurer Act or (ii) the Illinois Prepaid | ||||||
26 | Tuition Trust Fund, except that amounts excluded from |
| |||||||
| |||||||
1 | gross income under Section 529(c)(3)(C)(i) of the | ||||||
2 | Internal Revenue Code shall not be considered moneys | ||||||
3 | contributed under this subparagraph (Y). For purposes | ||||||
4 | of this subparagraph, contributions made by an | ||||||
5 | employer on behalf of an employee, or matching | ||||||
6 | contributions made by an employee, shall be treated as | ||||||
7 | made by the employee. This subparagraph (Y) is exempt | ||||||
8 | from the provisions of Section 250; | ||||||
9 | (Z) For taxable years 2001 and thereafter, for the | ||||||
10 | taxable year in which the bonus depreciation deduction | ||||||
11 | is taken on the taxpayer's federal income tax return | ||||||
12 | under subsection (k) of Section 168 of the Internal | ||||||
13 | Revenue Code and for each applicable taxable year | ||||||
14 | thereafter, an amount equal to "x", where: | ||||||
15 | (1) "y" equals the amount of the depreciation | ||||||
16 | deduction taken for the taxable year on the | ||||||
17 | taxpayer's federal income tax return on property | ||||||
18 | for which the bonus depreciation deduction was | ||||||
19 | taken in any year under subsection (k) of Section | ||||||
20 | 168 of the Internal Revenue Code, but not | ||||||
21 | including the bonus depreciation deduction; | ||||||
22 | (2) for taxable years ending on or before | ||||||
23 | December 31, 2005, "x" equals "y" multiplied by 30 | ||||||
24 | and then divided by 70 (or "y" multiplied by | ||||||
25 | 0.429); and | ||||||
26 | (3) for taxable years ending after December |
| |||||||
| |||||||
1 | 31, 2005: | ||||||
2 | (i) for property on which a bonus | ||||||
3 | depreciation deduction of 30% of the adjusted | ||||||
4 | basis was taken, "x" equals "y" multiplied by | ||||||
5 | 30 and then divided by 70 (or "y" multiplied | ||||||
6 | by 0.429); | ||||||
7 | (ii) for property on which a bonus | ||||||
8 | depreciation deduction of 50% of the adjusted | ||||||
9 | basis was taken, "x" equals "y" multiplied by | ||||||
10 | 1.0; | ||||||
11 | (iii) for property on which a bonus | ||||||
12 | depreciation deduction of 100% of the adjusted | ||||||
13 | basis was taken in a taxable year ending on or | ||||||
14 | after December 31, 2021, "x" equals the | ||||||
15 | depreciation deduction that would be allowed | ||||||
16 | on that property if the taxpayer had made the | ||||||
17 | election under Section 168(k)(7) of the | ||||||
18 | Internal Revenue Code to not claim bonus | ||||||
19 | depreciation on that property; and | ||||||
20 | (iv) for property on which a bonus | ||||||
21 | depreciation deduction of a percentage other | ||||||
22 | than 30%, 50% or 100% of the adjusted basis | ||||||
23 | was taken in a taxable year ending on or after | ||||||
24 | December 31, 2021, "x" equals "y" multiplied | ||||||
25 | by 100 times the percentage bonus depreciation | ||||||
26 | on the property (that is, 100(bonus%)) and |
| |||||||
| |||||||
1 | then divided by 100 times 1 minus the | ||||||
2 | percentage bonus depreciation on the property | ||||||
3 | (that is, 100(1-bonus%)). | ||||||
4 | The aggregate amount deducted under this | ||||||
5 | subparagraph in all taxable years for any one piece of | ||||||
6 | property may not exceed the amount of the bonus | ||||||
7 | depreciation deduction taken on that property on the | ||||||
8 | taxpayer's federal income tax return under subsection | ||||||
9 | (k) of Section 168 of the Internal Revenue Code. This | ||||||
10 | subparagraph (Z) is exempt from the provisions of | ||||||
11 | Section 250; | ||||||
12 | (AA) If the taxpayer sells, transfers, abandons, | ||||||
13 | or otherwise disposes of property for which the | ||||||
14 | taxpayer was required in any taxable year to make an | ||||||
15 | addition modification under subparagraph (D-15), then | ||||||
16 | an amount equal to that addition modification. | ||||||
17 | If the taxpayer continues to own property through | ||||||
18 | the last day of the last tax year for which a | ||||||
19 | subtraction is allowed with respect to that property | ||||||
20 | under subparagraph (Z) and for which the taxpayer was | ||||||
21 | required in any taxable year to make an addition | ||||||
22 | modification under subparagraph (D-15), then an amount | ||||||
23 | equal to that addition modification. | ||||||
24 | The taxpayer is allowed to take the deduction | ||||||
25 | under this subparagraph only once with respect to any | ||||||
26 | one piece of property. |
| |||||||
| |||||||
1 | This subparagraph (AA) is exempt from the | ||||||
2 | provisions of Section 250; | ||||||
3 | (BB) Any amount included in adjusted gross income, | ||||||
4 | other than salary, received by a driver in a | ||||||
5 | ridesharing arrangement using a motor vehicle; | ||||||
6 | (CC) The amount of (i) any interest income (net of | ||||||
7 | the deductions allocable thereto) taken into account | ||||||
8 | for the taxable year with respect to a transaction | ||||||
9 | with a taxpayer that is required to make an addition | ||||||
10 | modification with respect to such transaction under | ||||||
11 | Section 203(a)(2)(D-17), 203(b)(2)(E-12), | ||||||
12 | 203(c)(2)(G-12), or 203(d)(2)(D-7), but not to exceed | ||||||
13 | the amount of that addition modification, and (ii) any | ||||||
14 | income from intangible property (net of the deductions | ||||||
15 | allocable thereto) taken into account for the taxable | ||||||
16 | year with respect to a transaction with a taxpayer | ||||||
17 | that is required to make an addition modification with | ||||||
18 | respect to such transaction under Section | ||||||
19 | 203(a)(2)(D-18), 203(b)(2)(E-13), 203(c)(2)(G-13), or | ||||||
20 | 203(d)(2)(D-8), but not to exceed the amount of that | ||||||
21 | addition modification. This subparagraph (CC) is | ||||||
22 | exempt from the provisions of Section 250; | ||||||
23 | (DD) An amount equal to the interest income taken | ||||||
24 | into account for the taxable year (net of the | ||||||
25 | deductions allocable thereto) with respect to | ||||||
26 | transactions with (i) a foreign person who would be a |
| |||||||
| |||||||
1 | member of the taxpayer's unitary business group but | ||||||
2 | for the fact that the foreign person's business | ||||||
3 | activity outside the United States is 80% or more of | ||||||
4 | that person's total business activity and (ii) for | ||||||
5 | taxable years ending on or after December 31, 2008, to | ||||||
6 | a person who would be a member of the same unitary | ||||||
7 | business group but for the fact that the person is | ||||||
8 | prohibited under Section 1501(a)(27) from being | ||||||
9 | included in the unitary business group because he or | ||||||
10 | she is ordinarily required to apportion business | ||||||
11 | income under different subsections of Section 304, but | ||||||
12 | not to exceed the addition modification required to be | ||||||
13 | made for the same taxable year under Section | ||||||
14 | 203(a)(2)(D-17) for interest paid, accrued, or | ||||||
15 | incurred, directly or indirectly, to the same person. | ||||||
16 | This subparagraph (DD) is exempt from the provisions | ||||||
17 | of Section 250; | ||||||
18 | (EE) An amount equal to the income from intangible | ||||||
19 | property taken into account for the taxable year (net | ||||||
20 | of the deductions allocable thereto) with respect to | ||||||
21 | transactions with (i) a foreign person who would be a | ||||||
22 | member of the taxpayer's unitary business group but | ||||||
23 | for the fact that the foreign person's business | ||||||
24 | activity outside the United States is 80% or more of | ||||||
25 | that person's total business activity and (ii) for | ||||||
26 | taxable years ending on or after December 31, 2008, to |
| |||||||
| |||||||
1 | a person who would be a member of the same unitary | ||||||
2 | business group but for the fact that the person is | ||||||
3 | prohibited under Section 1501(a)(27) from being | ||||||
4 | included in the unitary business group because he or | ||||||
5 | she is ordinarily required to apportion business | ||||||
6 | income under different subsections of Section 304, but | ||||||
7 | not to exceed the addition modification required to be | ||||||
8 | made for the same taxable year under Section | ||||||
9 | 203(a)(2)(D-18) for intangible expenses and costs | ||||||
10 | paid, accrued, or incurred, directly or indirectly, to | ||||||
11 | the same foreign person. This subparagraph (EE) is | ||||||
12 | exempt from the provisions of Section 250; | ||||||
13 | (FF) An amount equal to any amount awarded to the | ||||||
14 | taxpayer during the taxable year by the Court of | ||||||
15 | Claims under subsection (c) of Section 8 of the Court | ||||||
16 | of Claims Act for time unjustly served in a State | ||||||
17 | prison. This subparagraph (FF) is exempt from the | ||||||
18 | provisions of Section 250; | ||||||
19 | (GG) For taxable years ending on or after December | ||||||
20 | 31, 2011, in the case of a taxpayer who was required to | ||||||
21 | add back any insurance premiums under Section | ||||||
22 | 203(a)(2)(D-19), such taxpayer may elect to subtract | ||||||
23 | that part of a reimbursement received from the | ||||||
24 | insurance company equal to the amount of the expense | ||||||
25 | or loss (including expenses incurred by the insurance | ||||||
26 | company) that would have been taken into account as a |
| |||||||
| |||||||
1 | deduction for federal income tax purposes if the | ||||||
2 | expense or loss had been uninsured. If a taxpayer | ||||||
3 | makes the election provided for by this subparagraph | ||||||
4 | (GG), the insurer to which the premiums were paid must | ||||||
5 | add back to income the amount subtracted by the | ||||||
6 | taxpayer pursuant to this subparagraph (GG). This | ||||||
7 | subparagraph (GG) is exempt from the provisions of | ||||||
8 | Section 250; | ||||||
9 | (HH) For taxable years beginning on or after | ||||||
10 | January 1, 2018 and prior to January 1, 2028, a maximum | ||||||
11 | of $10,000 contributed in the taxable year to a | ||||||
12 | qualified ABLE account under Section 16.6 of the State | ||||||
13 | Treasurer Act, except that amounts excluded from gross | ||||||
14 | income under Section 529(c)(3)(C)(i) or Section | ||||||
15 | 529A(c)(1)(C) of the Internal Revenue Code shall not | ||||||
16 | be considered moneys contributed under this | ||||||
17 | subparagraph (HH). For purposes of this subparagraph | ||||||
18 | (HH), contributions made by an employer on behalf of | ||||||
19 | an employee, or matching contributions made by an | ||||||
20 | employee, shall be treated as made by the employee; | ||||||
21 | (II) For taxable years that begin on or after | ||||||
22 | January 1, 2021 and begin before January 1, 2026, the | ||||||
23 | amount that is included in the taxpayer's federal | ||||||
24 | adjusted gross income pursuant to Section 61 of the | ||||||
25 | Internal Revenue Code as discharge of indebtedness | ||||||
26 | attributable to student loan forgiveness and that is |
| |||||||
| |||||||
1 | not excluded from the taxpayer's federal adjusted | ||||||
2 | gross income pursuant to paragraph (5) of subsection | ||||||
3 | (f) of Section 108 of the Internal Revenue Code; and | ||||||
4 | (JJ) For taxable years beginning on or after | ||||||
5 | January 1, 2023, for any cannabis establishment | ||||||
6 | operating in this State and licensed under the | ||||||
7 | Cannabis Regulation and Tax Act or any cannabis | ||||||
8 | cultivation center or medical cannabis dispensing | ||||||
9 | organization operating in this State and licensed | ||||||
10 | under the Compassionate Use of Medical Cannabis | ||||||
11 | Program Act, an amount equal to the deductions that | ||||||
12 | were disallowed under Section 280E of the Internal | ||||||
13 | Revenue Code for the taxable year and that would not be | ||||||
14 | added back under this subsection. The provisions of | ||||||
15 | this subparagraph (JJ) are exempt from the provisions | ||||||
16 | of Section 250 ; and . | ||||||
17 | (KK) (JJ) To the extent includible in gross income | ||||||
18 | for federal income tax purposes, any amount awarded or | ||||||
19 | paid to the taxpayer as a result of a judgment or | ||||||
20 | settlement for fertility fraud as provided in Section | ||||||
21 | 15 of the Illinois Fertility Fraud Act, donor | ||||||
22 | fertility fraud as provided in Section 20 of the | ||||||
23 | Illinois Fertility Fraud Act, or similar action in | ||||||
24 | another state.
| ||||||
25 | (b) Corporations. |
| |||||||
| |||||||
1 | (1) In general. In the case of a corporation, base | ||||||
2 | income means an amount equal to the taxpayer's taxable | ||||||
3 | income for the taxable year as modified by paragraph (2). | ||||||
4 | (2) Modifications. The taxable income referred to in | ||||||
5 | paragraph (1) shall be modified by adding thereto the sum | ||||||
6 | of the following amounts: | ||||||
7 | (A) An amount equal to all amounts paid or accrued | ||||||
8 | to the taxpayer as interest and all distributions | ||||||
9 | received from regulated investment companies during | ||||||
10 | the taxable year to the extent excluded from gross | ||||||
11 | income in the computation of taxable income; | ||||||
12 | (B) An amount equal to the amount of tax imposed by | ||||||
13 | this Act to the extent deducted from gross income in | ||||||
14 | the computation of taxable income for the taxable | ||||||
15 | year; | ||||||
16 | (C) In the case of a regulated investment company, | ||||||
17 | an amount equal to the excess of (i) the net long-term | ||||||
18 | capital gain for the taxable year, over (ii) the | ||||||
19 | amount of the capital gain dividends designated as | ||||||
20 | such in accordance with Section 852(b)(3)(C) of the | ||||||
21 | Internal Revenue Code and any amount designated under | ||||||
22 | Section 852(b)(3)(D) of the Internal Revenue Code, | ||||||
23 | attributable to the taxable year (this amendatory Act | ||||||
24 | of 1995 (Public Act 89-89) is declarative of existing | ||||||
25 | law and is not a new enactment); | ||||||
26 | (D) The amount of any net operating loss deduction |
| |||||||
| |||||||
1 | taken in arriving at taxable income, other than a net | ||||||
2 | operating loss carried forward from a taxable year | ||||||
3 | ending prior to December 31, 1986; | ||||||
4 | (E) For taxable years in which a net operating | ||||||
5 | loss carryback or carryforward from a taxable year | ||||||
6 | ending prior to December 31, 1986 is an element of | ||||||
7 | taxable income under paragraph (1) of subsection (e) | ||||||
8 | or subparagraph (E) of paragraph (2) of subsection | ||||||
9 | (e), the amount by which addition modifications other | ||||||
10 | than those provided by this subparagraph (E) exceeded | ||||||
11 | subtraction modifications in such earlier taxable | ||||||
12 | year, with the following limitations applied in the | ||||||
13 | order that they are listed: | ||||||
14 | (i) the addition modification relating to the | ||||||
15 | net operating loss carried back or forward to the | ||||||
16 | taxable year from any taxable year ending prior to | ||||||
17 | December 31, 1986 shall be reduced by the amount | ||||||
18 | of addition modification under this subparagraph | ||||||
19 | (E) which related to that net operating loss and | ||||||
20 | which was taken into account in calculating the | ||||||
21 | base income of an earlier taxable year, and | ||||||
22 | (ii) the addition modification relating to the | ||||||
23 | net operating loss carried back or forward to the | ||||||
24 | taxable year from any taxable year ending prior to | ||||||
25 | December 31, 1986 shall not exceed the amount of | ||||||
26 | such carryback or carryforward; |
| |||||||
| |||||||
1 | For taxable years in which there is a net | ||||||
2 | operating loss carryback or carryforward from more | ||||||
3 | than one other taxable year ending prior to December | ||||||
4 | 31, 1986, the addition modification provided in this | ||||||
5 | subparagraph (E) shall be the sum of the amounts | ||||||
6 | computed independently under the preceding provisions | ||||||
7 | of this subparagraph (E) for each such taxable year; | ||||||
8 | (E-5) For taxable years ending after December 31, | ||||||
9 | 1997, an amount equal to any eligible remediation | ||||||
10 | costs that the corporation deducted in computing | ||||||
11 | adjusted gross income and for which the corporation | ||||||
12 | claims a credit under subsection (l) of Section 201; | ||||||
13 | (E-10) For taxable years 2001 and thereafter, an | ||||||
14 | amount equal to the bonus depreciation deduction taken | ||||||
15 | on the taxpayer's federal income tax return for the | ||||||
16 | taxable year under subsection (k) of Section 168 of | ||||||
17 | the Internal Revenue Code; | ||||||
18 | (E-11) If the taxpayer sells, transfers, abandons, | ||||||
19 | or otherwise disposes of property for which the | ||||||
20 | taxpayer was required in any taxable year to make an | ||||||
21 | addition modification under subparagraph (E-10), then | ||||||
22 | an amount equal to the aggregate amount of the | ||||||
23 | deductions taken in all taxable years under | ||||||
24 | subparagraph (T) with respect to that property. | ||||||
25 | If the taxpayer continues to own property through | ||||||
26 | the last day of the last tax year for which a |
| |||||||
| |||||||
1 | subtraction is allowed with respect to that property | ||||||
2 | under subparagraph (T) and for which the taxpayer was | ||||||
3 | allowed in any taxable year to make a subtraction | ||||||
4 | modification under subparagraph (T), then an amount | ||||||
5 | equal to that subtraction modification. | ||||||
6 | The taxpayer is required to make the addition | ||||||
7 | modification under this subparagraph only once with | ||||||
8 | respect to any one piece of property; | ||||||
9 | (E-12) An amount equal to the amount otherwise | ||||||
10 | allowed as a deduction in computing base income for | ||||||
11 | interest paid, accrued, or incurred, directly or | ||||||
12 | indirectly, (i) for taxable years ending on or after | ||||||
13 | December 31, 2004, to a foreign person who would be a | ||||||
14 | member of the same unitary business group but for the | ||||||
15 | fact the foreign person's business activity outside | ||||||
16 | the United States is 80% or more of the foreign | ||||||
17 | person's total business activity and (ii) for taxable | ||||||
18 | years ending on or after December 31, 2008, to a person | ||||||
19 | who would be a member of the same unitary business | ||||||
20 | group but for the fact that the person is prohibited | ||||||
21 | under Section 1501(a)(27) from being included in the | ||||||
22 | unitary business group because he or she is ordinarily | ||||||
23 | required to apportion business income under different | ||||||
24 | subsections of Section 304. The addition modification | ||||||
25 | required by this subparagraph shall be reduced to the | ||||||
26 | extent that dividends were included in base income of |
| |||||||
| |||||||
1 | the unitary group for the same taxable year and | ||||||
2 | received by the taxpayer or by a member of the | ||||||
3 | taxpayer's unitary business group (including amounts | ||||||
4 | included in gross income pursuant to Sections 951 | ||||||
5 | through 964 of the Internal Revenue Code and amounts | ||||||
6 | included in gross income under Section 78 of the | ||||||
7 | Internal Revenue Code) with respect to the stock of | ||||||
8 | the same person to whom the interest was paid, | ||||||
9 | accrued, or incurred. | ||||||
10 | This paragraph shall not apply to the following: | ||||||
11 | (i) an item of interest paid, accrued, or | ||||||
12 | incurred, directly or indirectly, to a person who | ||||||
13 | is subject in a foreign country or state, other | ||||||
14 | than a state which requires mandatory unitary | ||||||
15 | reporting, to a tax on or measured by net income | ||||||
16 | with respect to such interest; or | ||||||
17 | (ii) an item of interest paid, accrued, or | ||||||
18 | incurred, directly or indirectly, to a person if | ||||||
19 | the taxpayer can establish, based on a | ||||||
20 | preponderance of the evidence, both of the | ||||||
21 | following: | ||||||
22 | (a) the person, during the same taxable | ||||||
23 | year, paid, accrued, or incurred, the interest | ||||||
24 | to a person that is not a related member, and | ||||||
25 | (b) the transaction giving rise to the | ||||||
26 | interest expense between the taxpayer and the |
| |||||||
| |||||||
1 | person did not have as a principal purpose the | ||||||
2 | avoidance of Illinois income tax, and is paid | ||||||
3 | pursuant to a contract or agreement that | ||||||
4 | reflects an arm's-length interest rate and | ||||||
5 | terms; or | ||||||
6 | (iii) the taxpayer can establish, based on | ||||||
7 | clear and convincing evidence, that the interest | ||||||
8 | paid, accrued, or incurred relates to a contract | ||||||
9 | or agreement entered into at arm's-length rates | ||||||
10 | and terms and the principal purpose for the | ||||||
11 | payment is not federal or Illinois tax avoidance; | ||||||
12 | or | ||||||
13 | (iv) an item of interest paid, accrued, or | ||||||
14 | incurred, directly or indirectly, to a person if | ||||||
15 | the taxpayer establishes by clear and convincing | ||||||
16 | evidence that the adjustments are unreasonable; or | ||||||
17 | if the taxpayer and the Director agree in writing | ||||||
18 | to the application or use of an alternative method | ||||||
19 | of apportionment under Section 304(f). | ||||||
20 | Nothing in this subsection shall preclude the | ||||||
21 | Director from making any other adjustment | ||||||
22 | otherwise allowed under Section 404 of this Act | ||||||
23 | for any tax year beginning after the effective | ||||||
24 | date of this amendment provided such adjustment is | ||||||
25 | made pursuant to regulation adopted by the | ||||||
26 | Department and such regulations provide methods |
| |||||||
| |||||||
1 | and standards by which the Department will utilize | ||||||
2 | its authority under Section 404 of this Act; | ||||||
3 | (E-13) An amount equal to the amount of intangible | ||||||
4 | expenses and costs otherwise allowed as a deduction in | ||||||
5 | computing base income, and that were paid, accrued, or | ||||||
6 | incurred, directly or indirectly, (i) for taxable | ||||||
7 | years ending on or after December 31, 2004, to a | ||||||
8 | foreign person who would be a member of the same | ||||||
9 | unitary business group but for the fact that the | ||||||
10 | foreign person's business activity outside the United | ||||||
11 | States is 80% or more of that person's total business | ||||||
12 | activity and (ii) for taxable years ending on or after | ||||||
13 | December 31, 2008, to a person who would be a member of | ||||||
14 | the same unitary business group but for the fact that | ||||||
15 | the person is prohibited under Section 1501(a)(27) | ||||||
16 | from being included in the unitary business group | ||||||
17 | because he or she is ordinarily required to apportion | ||||||
18 | business income under different subsections of Section | ||||||
19 | 304. The addition modification required by this | ||||||
20 | subparagraph shall be reduced to the extent that | ||||||
21 | dividends were included in base income of the unitary | ||||||
22 | group for the same taxable year and received by the | ||||||
23 | taxpayer or by a member of the taxpayer's unitary | ||||||
24 | business group (including amounts included in gross | ||||||
25 | income pursuant to Sections 951 through 964 of the | ||||||
26 | Internal Revenue Code and amounts included in gross |
| |||||||
| |||||||
1 | income under Section 78 of the Internal Revenue Code) | ||||||
2 | with respect to the stock of the same person to whom | ||||||
3 | the intangible expenses and costs were directly or | ||||||
4 | indirectly paid, incurred, or accrued. The preceding | ||||||
5 | sentence shall not apply to the extent that the same | ||||||
6 | dividends caused a reduction to the addition | ||||||
7 | modification required under Section 203(b)(2)(E-12) of | ||||||
8 | this Act. As used in this subparagraph, the term | ||||||
9 | "intangible expenses and costs" includes (1) expenses, | ||||||
10 | losses, and costs for, or related to, the direct or | ||||||
11 | indirect acquisition, use, maintenance or management, | ||||||
12 | ownership, sale, exchange, or any other disposition of | ||||||
13 | intangible property; (2) losses incurred, directly or | ||||||
14 | indirectly, from factoring transactions or discounting | ||||||
15 | transactions; (3) royalty, patent, technical, and | ||||||
16 | copyright fees; (4) licensing fees; and (5) other | ||||||
17 | similar expenses and costs. For purposes of this | ||||||
18 | subparagraph, "intangible property" includes patents, | ||||||
19 | patent applications, trade names, trademarks, service | ||||||
20 | marks, copyrights, mask works, trade secrets, and | ||||||
21 | similar types of intangible assets. | ||||||
22 | This paragraph shall not apply to the following: | ||||||
23 | (i) any item of intangible expenses or costs | ||||||
24 | paid, accrued, or incurred, directly or | ||||||
25 | indirectly, from a transaction with a person who | ||||||
26 | is subject in a foreign country or state, other |
| |||||||
| |||||||
1 | than a state which requires mandatory unitary | ||||||
2 | reporting, to a tax on or measured by net income | ||||||
3 | with respect to such item; or | ||||||
4 | (ii) any item of intangible expense or cost | ||||||
5 | paid, accrued, or incurred, directly or | ||||||
6 | indirectly, if the taxpayer can establish, based | ||||||
7 | on a preponderance of the evidence, both of the | ||||||
8 | following: | ||||||
9 | (a) the person during the same taxable | ||||||
10 | year paid, accrued, or incurred, the | ||||||
11 | intangible expense or cost to a person that is | ||||||
12 | not a related member, and | ||||||
13 | (b) the transaction giving rise to the | ||||||
14 | intangible expense or cost between the | ||||||
15 | taxpayer and the person did not have as a | ||||||
16 | principal purpose the avoidance of Illinois | ||||||
17 | income tax, and is paid pursuant to a contract | ||||||
18 | or agreement that reflects arm's-length terms; | ||||||
19 | or | ||||||
20 | (iii) any item of intangible expense or cost | ||||||
21 | paid, accrued, or incurred, directly or | ||||||
22 | indirectly, from a transaction with a person if | ||||||
23 | the taxpayer establishes by clear and convincing | ||||||
24 | evidence, that the adjustments are unreasonable; | ||||||
25 | or if the taxpayer and the Director agree in | ||||||
26 | writing to the application or use of an |
| |||||||
| |||||||
1 | alternative method of apportionment under Section | ||||||
2 | 304(f); | ||||||
3 | Nothing in this subsection shall preclude the | ||||||
4 | Director from making any other adjustment | ||||||
5 | otherwise allowed under Section 404 of this Act | ||||||
6 | for any tax year beginning after the effective | ||||||
7 | date of this amendment provided such adjustment is | ||||||
8 | made pursuant to regulation adopted by the | ||||||
9 | Department and such regulations provide methods | ||||||
10 | and standards by which the Department will utilize | ||||||
11 | its authority under Section 404 of this Act; | ||||||
12 | (E-14) For taxable years ending on or after | ||||||
13 | December 31, 2008, an amount equal to the amount of | ||||||
14 | insurance premium expenses and costs otherwise allowed | ||||||
15 | as a deduction in computing base income, and that were | ||||||
16 | paid, accrued, or incurred, directly or indirectly, to | ||||||
17 | a person who would be a member of the same unitary | ||||||
18 | business group but for the fact that the person is | ||||||
19 | prohibited under Section 1501(a)(27) from being | ||||||
20 | included in the unitary business group because he or | ||||||
21 | she is ordinarily required to apportion business | ||||||
22 | income under different subsections of Section 304. The | ||||||
23 | addition modification required by this subparagraph | ||||||
24 | shall be reduced to the extent that dividends were | ||||||
25 | included in base income of the unitary group for the | ||||||
26 | same taxable year and received by the taxpayer or by a |
| |||||||
| |||||||
1 | member of the taxpayer's unitary business group | ||||||
2 | (including amounts included in gross income under | ||||||
3 | Sections 951 through 964 of the Internal Revenue Code | ||||||
4 | and amounts included in gross income under Section 78 | ||||||
5 | of the Internal Revenue Code) with respect to the | ||||||
6 | stock of the same person to whom the premiums and costs | ||||||
7 | were directly or indirectly paid, incurred, or | ||||||
8 | accrued. The preceding sentence does not apply to the | ||||||
9 | extent that the same dividends caused a reduction to | ||||||
10 | the addition modification required under Section | ||||||
11 | 203(b)(2)(E-12) or Section 203(b)(2)(E-13) of this | ||||||
12 | Act; | ||||||
13 | (E-15) For taxable years beginning after December | ||||||
14 | 31, 2008, any deduction for dividends paid by a | ||||||
15 | captive real estate investment trust that is allowed | ||||||
16 | to a real estate investment trust under Section | ||||||
17 | 857(b)(2)(B) of the Internal Revenue Code for | ||||||
18 | dividends paid; | ||||||
19 | (E-16) An amount equal to the credit allowable to | ||||||
20 | the taxpayer under Section 218(a) of this Act, | ||||||
21 | determined without regard to Section 218(c) of this | ||||||
22 | Act; | ||||||
23 | (E-17) For taxable years ending on or after | ||||||
24 | December 31, 2017, an amount equal to the deduction | ||||||
25 | allowed under Section 199 of the Internal Revenue Code | ||||||
26 | for the taxable year; |
| |||||||
| |||||||
1 | (E-18) for taxable years beginning after December | ||||||
2 | 31, 2018, an amount equal to the deduction allowed | ||||||
3 | under Section 250(a)(1)(A) of the Internal Revenue | ||||||
4 | Code for the taxable year; | ||||||
5 | (E-19) for taxable years ending on or after June | ||||||
6 | 30, 2021, an amount equal to the deduction allowed | ||||||
7 | under Section 250(a)(1)(B)(i) of the Internal Revenue | ||||||
8 | Code for the taxable year; | ||||||
9 | (E-20) for taxable years ending on or after June | ||||||
10 | 30, 2021, an amount equal to the deduction allowed | ||||||
11 | under Sections 243(e) and 245A(a) of the Internal | ||||||
12 | Revenue Code for the taxable year. | ||||||
13 | and by deducting from the total so obtained the sum of the | ||||||
14 | following amounts: | ||||||
15 | (F) An amount equal to the amount of any tax | ||||||
16 | imposed by this Act which was refunded to the taxpayer | ||||||
17 | and included in such total for the taxable year; | ||||||
18 | (G) An amount equal to any amount included in such | ||||||
19 | total under Section 78 of the Internal Revenue Code; | ||||||
20 | (H) In the case of a regulated investment company, | ||||||
21 | an amount equal to the amount of exempt interest | ||||||
22 | dividends as defined in subsection (b)(5) of Section | ||||||
23 | 852 of the Internal Revenue Code, paid to shareholders | ||||||
24 | for the taxable year; | ||||||
25 | (I) With the exception of any amounts subtracted | ||||||
26 | under subparagraph (J), an amount equal to the sum of |
| |||||||
| |||||||
1 | all amounts disallowed as deductions by (i) Sections | ||||||
2 | 171(a)(2) and 265(a)(2) and amounts disallowed as | ||||||
3 | interest expense by Section 291(a)(3) of the Internal | ||||||
4 | Revenue Code, and all amounts of expenses allocable to | ||||||
5 | interest and disallowed as deductions by Section | ||||||
6 | 265(a)(1) of the Internal Revenue Code; and (ii) for | ||||||
7 | taxable years ending on or after August 13, 1999, | ||||||
8 | Sections 171(a)(2), 265, 280C, 291(a)(3), and | ||||||
9 | 832(b)(5)(B)(i) of the Internal Revenue Code, plus, | ||||||
10 | for tax years ending on or after December 31, 2011, | ||||||
11 | amounts disallowed as deductions by Section 45G(e)(3) | ||||||
12 | of the Internal Revenue Code and, for taxable years | ||||||
13 | ending on or after December 31, 2008, any amount | ||||||
14 | included in gross income under Section 87 of the | ||||||
15 | Internal Revenue Code and the policyholders' share of | ||||||
16 | tax-exempt interest of a life insurance company under | ||||||
17 | Section 807(a)(2)(B) of the Internal Revenue Code (in | ||||||
18 | the case of a life insurance company with gross income | ||||||
19 | from a decrease in reserves for the tax year) or | ||||||
20 | Section 807(b)(1)(B) of the Internal Revenue Code (in | ||||||
21 | the case of a life insurance company allowed a | ||||||
22 | deduction for an increase in reserves for the tax | ||||||
23 | year); the provisions of this subparagraph are exempt | ||||||
24 | from the provisions of Section 250; | ||||||
25 | (J) An amount equal to all amounts included in | ||||||
26 | such total which are exempt from taxation by this |
| |||||||
| |||||||
1 | State either by reason of its statutes or Constitution | ||||||
2 | or by reason of the Constitution, treaties or statutes | ||||||
3 | of the United States; provided that, in the case of any | ||||||
4 | statute of this State that exempts income derived from | ||||||
5 | bonds or other obligations from the tax imposed under | ||||||
6 | this Act, the amount exempted shall be the interest | ||||||
7 | net of bond premium amortization; | ||||||
8 | (K) An amount equal to those dividends included in | ||||||
9 | such total which were paid by a corporation which | ||||||
10 | conducts business operations in a River Edge | ||||||
11 | Redevelopment Zone or zones created under the River | ||||||
12 | Edge Redevelopment Zone Act and conducts substantially | ||||||
13 | all of its operations in a River Edge Redevelopment | ||||||
14 | Zone or zones. This subparagraph (K) is exempt from | ||||||
15 | the provisions of Section 250; | ||||||
16 | (L) An amount equal to those dividends included in | ||||||
17 | such total that were paid by a corporation that | ||||||
18 | conducts business operations in a federally designated | ||||||
19 | Foreign Trade Zone or Sub-Zone and that is designated | ||||||
20 | a High Impact Business located in Illinois; provided | ||||||
21 | that dividends eligible for the deduction provided in | ||||||
22 | subparagraph (K) of paragraph 2 of this subsection | ||||||
23 | shall not be eligible for the deduction provided under | ||||||
24 | this subparagraph (L); | ||||||
25 | (M) For any taxpayer that is a financial | ||||||
26 | organization within the meaning of Section 304(c) of |
| |||||||
| |||||||
1 | this Act, an amount included in such total as interest | ||||||
2 | income from a loan or loans made by such taxpayer to a | ||||||
3 | borrower, to the extent that such a loan is secured by | ||||||
4 | property which is eligible for the River Edge | ||||||
5 | Redevelopment Zone Investment Credit. To determine the | ||||||
6 | portion of a loan or loans that is secured by property | ||||||
7 | eligible for a Section 201(f) investment credit to the | ||||||
8 | borrower, the entire principal amount of the loan or | ||||||
9 | loans between the taxpayer and the borrower should be | ||||||
10 | divided into the basis of the Section 201(f) | ||||||
11 | investment credit property which secures the loan or | ||||||
12 | loans, using for this purpose the original basis of | ||||||
13 | such property on the date that it was placed in service | ||||||
14 | in the River Edge Redevelopment Zone. The subtraction | ||||||
15 | modification available to the taxpayer in any year | ||||||
16 | under this subsection shall be that portion of the | ||||||
17 | total interest paid by the borrower with respect to | ||||||
18 | such loan attributable to the eligible property as | ||||||
19 | calculated under the previous sentence. This | ||||||
20 | subparagraph (M) is exempt from the provisions of | ||||||
21 | Section 250; | ||||||
22 | (M-1) For any taxpayer that is a financial | ||||||
23 | organization within the meaning of Section 304(c) of | ||||||
24 | this Act, an amount included in such total as interest | ||||||
25 | income from a loan or loans made by such taxpayer to a | ||||||
26 | borrower, to the extent that such a loan is secured by |
| |||||||
| |||||||
1 | property which is eligible for the High Impact | ||||||
2 | Business Investment Credit. To determine the portion | ||||||
3 | of a loan or loans that is secured by property eligible | ||||||
4 | for a Section 201(h) investment credit to the | ||||||
5 | borrower, the entire principal amount of the loan or | ||||||
6 | loans between the taxpayer and the borrower should be | ||||||
7 | divided into the basis of the Section 201(h) | ||||||
8 | investment credit property which secures the loan or | ||||||
9 | loans, using for this purpose the original basis of | ||||||
10 | such property on the date that it was placed in service | ||||||
11 | in a federally designated Foreign Trade Zone or | ||||||
12 | Sub-Zone located in Illinois. No taxpayer that is | ||||||
13 | eligible for the deduction provided in subparagraph | ||||||
14 | (M) of paragraph (2) of this subsection shall be | ||||||
15 | eligible for the deduction provided under this | ||||||
16 | subparagraph (M-1). The subtraction modification | ||||||
17 | available to taxpayers in any year under this | ||||||
18 | subsection shall be that portion of the total interest | ||||||
19 | paid by the borrower with respect to such loan | ||||||
20 | attributable to the eligible property as calculated | ||||||
21 | under the previous sentence; | ||||||
22 | (N) Two times any contribution made during the | ||||||
23 | taxable year to a designated zone organization to the | ||||||
24 | extent that the contribution (i) qualifies as a | ||||||
25 | charitable contribution under subsection (c) of | ||||||
26 | Section 170 of the Internal Revenue Code and (ii) |
| |||||||
| |||||||
1 | must, by its terms, be used for a project approved by | ||||||
2 | the Department of Commerce and Economic Opportunity | ||||||
3 | under Section 11 of the Illinois Enterprise Zone Act | ||||||
4 | or under Section 10-10 of the River Edge Redevelopment | ||||||
5 | Zone Act. This subparagraph (N) is exempt from the | ||||||
6 | provisions of Section 250; | ||||||
7 | (O) An amount equal to: (i) 85% for taxable years | ||||||
8 | ending on or before December 31, 1992, or, a | ||||||
9 | percentage equal to the percentage allowable under | ||||||
10 | Section 243(a)(1) of the Internal Revenue Code of 1986 | ||||||
11 | for taxable years ending after December 31, 1992, of | ||||||
12 | the amount by which dividends included in taxable | ||||||
13 | income and received from a corporation that is not | ||||||
14 | created or organized under the laws of the United | ||||||
15 | States or any state or political subdivision thereof, | ||||||
16 | including, for taxable years ending on or after | ||||||
17 | December 31, 1988, dividends received or deemed | ||||||
18 | received or paid or deemed paid under Sections 951 | ||||||
19 | through 965 of the Internal Revenue Code, exceed the | ||||||
20 | amount of the modification provided under subparagraph | ||||||
21 | (G) of paragraph (2) of this subsection (b) which is | ||||||
22 | related to such dividends, and including, for taxable | ||||||
23 | years ending on or after December 31, 2008, dividends | ||||||
24 | received from a captive real estate investment trust; | ||||||
25 | plus (ii) 100% of the amount by which dividends, | ||||||
26 | included in taxable income and received, including, |
| |||||||
| |||||||
1 | for taxable years ending on or after December 31, | ||||||
2 | 1988, dividends received or deemed received or paid or | ||||||
3 | deemed paid under Sections 951 through 964 of the | ||||||
4 | Internal Revenue Code and including, for taxable years | ||||||
5 | ending on or after December 31, 2008, dividends | ||||||
6 | received from a captive real estate investment trust, | ||||||
7 | from any such corporation specified in clause (i) that | ||||||
8 | would but for the provisions of Section 1504(b)(3) of | ||||||
9 | the Internal Revenue Code be treated as a member of the | ||||||
10 | affiliated group which includes the dividend | ||||||
11 | recipient, exceed the amount of the modification | ||||||
12 | provided under subparagraph (G) of paragraph (2) of | ||||||
13 | this subsection (b) which is related to such | ||||||
14 | dividends. For taxable years ending on or after June | ||||||
15 | 30, 2021, (i) for purposes of this subparagraph, the | ||||||
16 | term "dividend" does not include any amount treated as | ||||||
17 | a dividend under Section 1248 of the Internal Revenue | ||||||
18 | Code, and (ii) this subparagraph shall not apply to | ||||||
19 | dividends for which a deduction is allowed under | ||||||
20 | Section 245(a) of the Internal Revenue Code. This | ||||||
21 | subparagraph (O) is exempt from the provisions of | ||||||
22 | Section 250 of this Act; | ||||||
23 | (P) An amount equal to any contribution made to a | ||||||
24 | job training project established pursuant to the Tax | ||||||
25 | Increment Allocation Redevelopment Act; | ||||||
26 | (Q) An amount equal to the amount of the deduction |
| |||||||
| |||||||
1 | used to compute the federal income tax credit for | ||||||
2 | restoration of substantial amounts held under claim of | ||||||
3 | right for the taxable year pursuant to Section 1341 of | ||||||
4 | the Internal Revenue Code; | ||||||
5 | (R) On and after July 20, 1999, in the case of an | ||||||
6 | attorney-in-fact with respect to whom an interinsurer | ||||||
7 | or a reciprocal insurer has made the election under | ||||||
8 | Section 835 of the Internal Revenue Code, 26 U.S.C. | ||||||
9 | 835, an amount equal to the excess, if any, of the | ||||||
10 | amounts paid or incurred by that interinsurer or | ||||||
11 | reciprocal insurer in the taxable year to the | ||||||
12 | attorney-in-fact over the deduction allowed to that | ||||||
13 | interinsurer or reciprocal insurer with respect to the | ||||||
14 | attorney-in-fact under Section 835(b) of the Internal | ||||||
15 | Revenue Code for the taxable year; the provisions of | ||||||
16 | this subparagraph are exempt from the provisions of | ||||||
17 | Section 250; | ||||||
18 | (S) For taxable years ending on or after December | ||||||
19 | 31, 1997, in the case of a Subchapter S corporation, an | ||||||
20 | amount equal to all amounts of income allocable to a | ||||||
21 | shareholder subject to the Personal Property Tax | ||||||
22 | Replacement Income Tax imposed by subsections (c) and | ||||||
23 | (d) of Section 201 of this Act, including amounts | ||||||
24 | allocable to organizations exempt from federal income | ||||||
25 | tax by reason of Section 501(a) of the Internal | ||||||
26 | Revenue Code. This subparagraph (S) is exempt from the |
| |||||||
| |||||||
1 | provisions of Section 250; | ||||||
2 | (T) For taxable years 2001 and thereafter, for the | ||||||
3 | taxable year in which the bonus depreciation deduction | ||||||
4 | is taken on the taxpayer's federal income tax return | ||||||
5 | under subsection (k) of Section 168 of the Internal | ||||||
6 | Revenue Code and for each applicable taxable year | ||||||
7 | thereafter, an amount equal to "x", where: | ||||||
8 | (1) "y" equals the amount of the depreciation | ||||||
9 | deduction taken for the taxable year on the | ||||||
10 | taxpayer's federal income tax return on property | ||||||
11 | for which the bonus depreciation deduction was | ||||||
12 | taken in any year under subsection (k) of Section | ||||||
13 | 168 of the Internal Revenue Code, but not | ||||||
14 | including the bonus depreciation deduction; | ||||||
15 | (2) for taxable years ending on or before | ||||||
16 | December 31, 2005, "x" equals "y" multiplied by 30 | ||||||
17 | and then divided by 70 (or "y" multiplied by | ||||||
18 | 0.429); and | ||||||
19 | (3) for taxable years ending after December | ||||||
20 | 31, 2005: | ||||||
21 | (i) for property on which a bonus | ||||||
22 | depreciation deduction of 30% of the adjusted | ||||||
23 | basis was taken, "x" equals "y" multiplied by | ||||||
24 | 30 and then divided by 70 (or "y" multiplied | ||||||
25 | by 0.429); | ||||||
26 | (ii) for property on which a bonus |
| |||||||
| |||||||
1 | depreciation deduction of 50% of the adjusted | ||||||
2 | basis was taken, "x" equals "y" multiplied by | ||||||
3 | 1.0; | ||||||
4 | (iii) for property on which a bonus | ||||||
5 | depreciation deduction of 100% of the adjusted | ||||||
6 | basis was taken in a taxable year ending on or | ||||||
7 | after December 31, 2021, "x" equals the | ||||||
8 | depreciation deduction that would be allowed | ||||||
9 | on that property if the taxpayer had made the | ||||||
10 | election under Section 168(k)(7) of the | ||||||
11 | Internal Revenue Code to not claim bonus | ||||||
12 | depreciation on that property; and | ||||||
13 | (iv) for property on which a bonus | ||||||
14 | depreciation deduction of a percentage other | ||||||
15 | than 30%, 50% or 100% of the adjusted basis | ||||||
16 | was taken in a taxable year ending on or after | ||||||
17 | December 31, 2021, "x" equals "y" multiplied | ||||||
18 | by 100 times the percentage bonus depreciation | ||||||
19 | on the property (that is, 100(bonus%)) and | ||||||
20 | then divided by 100 times 1 minus the | ||||||
21 | percentage bonus depreciation on the property | ||||||
22 | (that is, 100(1-bonus%)). | ||||||
23 | The aggregate amount deducted under this | ||||||
24 | subparagraph in all taxable years for any one piece of | ||||||
25 | property may not exceed the amount of the bonus | ||||||
26 | depreciation deduction taken on that property on the |
| |||||||
| |||||||
1 | taxpayer's federal income tax return under subsection | ||||||
2 | (k) of Section 168 of the Internal Revenue Code. This | ||||||
3 | subparagraph (T) is exempt from the provisions of | ||||||
4 | Section 250; | ||||||
5 | (U) If the taxpayer sells, transfers, abandons, or | ||||||
6 | otherwise disposes of property for which the taxpayer | ||||||
7 | was required in any taxable year to make an addition | ||||||
8 | modification under subparagraph (E-10), then an amount | ||||||
9 | equal to that addition modification. | ||||||
10 | If the taxpayer continues to own property through | ||||||
11 | the last day of the last tax year for which a | ||||||
12 | subtraction is allowed with respect to that property | ||||||
13 | under subparagraph (T) and for which the taxpayer was | ||||||
14 | required in any taxable year to make an addition | ||||||
15 | modification under subparagraph (E-10), then an amount | ||||||
16 | equal to that addition modification. | ||||||
17 | The taxpayer is allowed to take the deduction | ||||||
18 | under this subparagraph only once with respect to any | ||||||
19 | one piece of property. | ||||||
20 | This subparagraph (U) is exempt from the | ||||||
21 | provisions of Section 250; | ||||||
22 | (V) The amount of: (i) any interest income (net of | ||||||
23 | the deductions allocable thereto) taken into account | ||||||
24 | for the taxable year with respect to a transaction | ||||||
25 | with a taxpayer that is required to make an addition | ||||||
26 | modification with respect to such transaction under |
| |||||||
| |||||||
1 | Section 203(a)(2)(D-17), 203(b)(2)(E-12), | ||||||
2 | 203(c)(2)(G-12), or 203(d)(2)(D-7), but not to exceed | ||||||
3 | the amount of such addition modification, (ii) any | ||||||
4 | income from intangible property (net of the deductions | ||||||
5 | allocable thereto) taken into account for the taxable | ||||||
6 | year with respect to a transaction with a taxpayer | ||||||
7 | that is required to make an addition modification with | ||||||
8 | respect to such transaction under Section | ||||||
9 | 203(a)(2)(D-18), 203(b)(2)(E-13), 203(c)(2)(G-13), or | ||||||
10 | 203(d)(2)(D-8), but not to exceed the amount of such | ||||||
11 | addition modification, and (iii) any insurance premium | ||||||
12 | income (net of deductions allocable thereto) taken | ||||||
13 | into account for the taxable year with respect to a | ||||||
14 | transaction with a taxpayer that is required to make | ||||||
15 | an addition modification with respect to such | ||||||
16 | transaction under Section 203(a)(2)(D-19), Section | ||||||
17 | 203(b)(2)(E-14), Section 203(c)(2)(G-14), or Section | ||||||
18 | 203(d)(2)(D-9), but not to exceed the amount of that | ||||||
19 | addition modification. This subparagraph (V) is exempt | ||||||
20 | from the provisions of Section 250; | ||||||
21 | (W) An amount equal to the interest income taken | ||||||
22 | into account for the taxable year (net of the | ||||||
23 | deductions allocable thereto) with respect to | ||||||
24 | transactions with (i) a foreign person who would be a | ||||||
25 | member of the taxpayer's unitary business group but | ||||||
26 | for the fact that the foreign person's business |
| |||||||
| |||||||
1 | activity outside the United States is 80% or more of | ||||||
2 | that person's total business activity and (ii) for | ||||||
3 | taxable years ending on or after December 31, 2008, to | ||||||
4 | a person who would be a member of the same unitary | ||||||
5 | business group but for the fact that the person is | ||||||
6 | prohibited under Section 1501(a)(27) from being | ||||||
7 | included in the unitary business group because he or | ||||||
8 | she is ordinarily required to apportion business | ||||||
9 | income under different subsections of Section 304, but | ||||||
10 | not to exceed the addition modification required to be | ||||||
11 | made for the same taxable year under Section | ||||||
12 | 203(b)(2)(E-12) for interest paid, accrued, or | ||||||
13 | incurred, directly or indirectly, to the same person. | ||||||
14 | This subparagraph (W) is exempt from the provisions of | ||||||
15 | Section 250; | ||||||
16 | (X) An amount equal to the income from intangible | ||||||
17 | property taken into account for the taxable year (net | ||||||
18 | of the deductions allocable thereto) with respect to | ||||||
19 | transactions with (i) a foreign person who would be a | ||||||
20 | member of the taxpayer's unitary business group but | ||||||
21 | for the fact that the foreign person's business | ||||||
22 | activity outside the United States is 80% or more of | ||||||
23 | that person's total business activity and (ii) for | ||||||
24 | taxable years ending on or after December 31, 2008, to | ||||||
25 | a person who would be a member of the same unitary | ||||||
26 | business group but for the fact that the person is |
| |||||||
| |||||||
1 | prohibited under Section 1501(a)(27) from being | ||||||
2 | included in the unitary business group because he or | ||||||
3 | she is ordinarily required to apportion business | ||||||
4 | income under different subsections of Section 304, but | ||||||
5 | not to exceed the addition modification required to be | ||||||
6 | made for the same taxable year under Section | ||||||
7 | 203(b)(2)(E-13) for intangible expenses and costs | ||||||
8 | paid, accrued, or incurred, directly or indirectly, to | ||||||
9 | the same foreign person. This subparagraph (X) is | ||||||
10 | exempt from the provisions of Section 250; | ||||||
11 | (Y) For taxable years ending on or after December | ||||||
12 | 31, 2011, in the case of a taxpayer who was required to | ||||||
13 | add back any insurance premiums under Section | ||||||
14 | 203(b)(2)(E-14), such taxpayer may elect to subtract | ||||||
15 | that part of a reimbursement received from the | ||||||
16 | insurance company equal to the amount of the expense | ||||||
17 | or loss (including expenses incurred by the insurance | ||||||
18 | company) that would have been taken into account as a | ||||||
19 | deduction for federal income tax purposes if the | ||||||
20 | expense or loss had been uninsured. If a taxpayer | ||||||
21 | makes the election provided for by this subparagraph | ||||||
22 | (Y), the insurer to which the premiums were paid must | ||||||
23 | add back to income the amount subtracted by the | ||||||
24 | taxpayer pursuant to this subparagraph (Y). This | ||||||
25 | subparagraph (Y) is exempt from the provisions of | ||||||
26 | Section 250; |
| |||||||
| |||||||
1 | (Z) The difference between the nondeductible | ||||||
2 | controlled foreign corporation dividends under Section | ||||||
3 | 965(e)(3) of the Internal Revenue Code over the | ||||||
4 | taxable income of the taxpayer, computed without | ||||||
5 | regard to Section 965(e)(2)(A) of the Internal Revenue | ||||||
6 | Code, and without regard to any net operating loss | ||||||
7 | deduction. This subparagraph (Z) is exempt from the | ||||||
8 | provisions of Section 250; and | ||||||
9 | (AA) For taxable years beginning on or after | ||||||
10 | January 1, 2023, for any cannabis establishment | ||||||
11 | operating in this State and licensed under the | ||||||
12 | Cannabis Regulation and Tax Act or any cannabis | ||||||
13 | cultivation center or medical cannabis dispensing | ||||||
14 | organization operating in this State and licensed | ||||||
15 | under the Compassionate Use of Medical Cannabis | ||||||
16 | Program Act, an amount equal to the deductions that | ||||||
17 | were disallowed under Section 280E of the Internal | ||||||
18 | Revenue Code for the taxable year and that would not be | ||||||
19 | added back under this subsection. The provisions of | ||||||
20 | this subparagraph (AA) are exempt from the provisions | ||||||
21 | of Section 250. | ||||||
22 | (3) Special rule. For purposes of paragraph (2)(A), | ||||||
23 | "gross income" in the case of a life insurance company, | ||||||
24 | for tax years ending on and after December 31, 1994, and | ||||||
25 | prior to December 31, 2011, shall mean the gross | ||||||
26 | investment income for the taxable year and, for tax years |
| |||||||
| |||||||
1 | ending on or after December 31, 2011, shall mean all | ||||||
2 | amounts included in life insurance gross income under | ||||||
3 | Section 803(a)(3) of the Internal Revenue Code.
| ||||||
4 | (c) Trusts and estates. | ||||||
5 | (1) In general. In the case of a trust or estate, base | ||||||
6 | income means an amount equal to the taxpayer's taxable | ||||||
7 | income for the taxable year as modified by paragraph (2). | ||||||
8 | (2) Modifications. Subject to the provisions of | ||||||
9 | paragraph (3), the taxable income referred to in paragraph | ||||||
10 | (1) shall be modified by adding thereto the sum of the | ||||||
11 | following amounts: | ||||||
12 | (A) An amount equal to all amounts paid or accrued | ||||||
13 | to the taxpayer as interest or dividends during the | ||||||
14 | taxable year to the extent excluded from gross income | ||||||
15 | in the computation of taxable income; | ||||||
16 | (B) In the case of (i) an estate, $600; (ii) a | ||||||
17 | trust which, under its governing instrument, is | ||||||
18 | required to distribute all of its income currently, | ||||||
19 | $300; and (iii) any other trust, $100, but in each such | ||||||
20 | case, only to the extent such amount was deducted in | ||||||
21 | the computation of taxable income; | ||||||
22 | (C) An amount equal to the amount of tax imposed by | ||||||
23 | this Act to the extent deducted from gross income in | ||||||
24 | the computation of taxable income for the taxable | ||||||
25 | year; |
| |||||||
| |||||||
1 | (D) The amount of any net operating loss deduction | ||||||
2 | taken in arriving at taxable income, other than a net | ||||||
3 | operating loss carried forward from a taxable year | ||||||
4 | ending prior to December 31, 1986; | ||||||
5 | (E) For taxable years in which a net operating | ||||||
6 | loss carryback or carryforward from a taxable year | ||||||
7 | ending prior to December 31, 1986 is an element of | ||||||
8 | taxable income under paragraph (1) of subsection (e) | ||||||
9 | or subparagraph (E) of paragraph (2) of subsection | ||||||
10 | (e), the amount by which addition modifications other | ||||||
11 | than those provided by this subparagraph (E) exceeded | ||||||
12 | subtraction modifications in such taxable year, with | ||||||
13 | the following limitations applied in the order that | ||||||
14 | they are listed: | ||||||
15 | (i) the addition modification relating to the | ||||||
16 | net operating loss carried back or forward to the | ||||||
17 | taxable year from any taxable year ending prior to | ||||||
18 | December 31, 1986 shall be reduced by the amount | ||||||
19 | of addition modification under this subparagraph | ||||||
20 | (E) which related to that net operating loss and | ||||||
21 | which was taken into account in calculating the | ||||||
22 | base income of an earlier taxable year, and | ||||||
23 | (ii) the addition modification relating to the | ||||||
24 | net operating loss carried back or forward to the | ||||||
25 | taxable year from any taxable year ending prior to | ||||||
26 | December 31, 1986 shall not exceed the amount of |
| |||||||
| |||||||
1 | such carryback or carryforward; | ||||||
2 | For taxable years in which there is a net | ||||||
3 | operating loss carryback or carryforward from more | ||||||
4 | than one other taxable year ending prior to December | ||||||
5 | 31, 1986, the addition modification provided in this | ||||||
6 | subparagraph (E) shall be the sum of the amounts | ||||||
7 | computed independently under the preceding provisions | ||||||
8 | of this subparagraph (E) for each such taxable year; | ||||||
9 | (F) For taxable years ending on or after January | ||||||
10 | 1, 1989, an amount equal to the tax deducted pursuant | ||||||
11 | to Section 164 of the Internal Revenue Code if the | ||||||
12 | trust or estate is claiming the same tax for purposes | ||||||
13 | of the Illinois foreign tax credit under Section 601 | ||||||
14 | of this Act; | ||||||
15 | (G) An amount equal to the amount of the capital | ||||||
16 | gain deduction allowable under the Internal Revenue | ||||||
17 | Code, to the extent deducted from gross income in the | ||||||
18 | computation of taxable income; | ||||||
19 | (G-5) For taxable years ending after December 31, | ||||||
20 | 1997, an amount equal to any eligible remediation | ||||||
21 | costs that the trust or estate deducted in computing | ||||||
22 | adjusted gross income and for which the trust or | ||||||
23 | estate claims a credit under subsection (l) of Section | ||||||
24 | 201; | ||||||
25 | (G-10) For taxable years 2001 and thereafter, an | ||||||
26 | amount equal to the bonus depreciation deduction taken |
| |||||||
| |||||||
1 | on the taxpayer's federal income tax return for the | ||||||
2 | taxable year under subsection (k) of Section 168 of | ||||||
3 | the Internal Revenue Code; and | ||||||
4 | (G-11) If the taxpayer sells, transfers, abandons, | ||||||
5 | or otherwise disposes of property for which the | ||||||
6 | taxpayer was required in any taxable year to make an | ||||||
7 | addition modification under subparagraph (G-10), then | ||||||
8 | an amount equal to the aggregate amount of the | ||||||
9 | deductions taken in all taxable years under | ||||||
10 | subparagraph (R) with respect to that property. | ||||||
11 | If the taxpayer continues to own property through | ||||||
12 | the last day of the last tax year for which a | ||||||
13 | subtraction is allowed with respect to that property | ||||||
14 | under subparagraph (R) and for which the taxpayer was | ||||||
15 | allowed in any taxable year to make a subtraction | ||||||
16 | modification under subparagraph (R), then an amount | ||||||
17 | equal to that subtraction modification. | ||||||
18 | The taxpayer is required to make the addition | ||||||
19 | modification under this subparagraph only once with | ||||||
20 | respect to any one piece of property; | ||||||
21 | (G-12) An amount equal to the amount otherwise | ||||||
22 | allowed as a deduction in computing base income for | ||||||
23 | interest paid, accrued, or incurred, directly or | ||||||
24 | indirectly, (i) for taxable years ending on or after | ||||||
25 | December 31, 2004, to a foreign person who would be a | ||||||
26 | member of the same unitary business group but for the |
| |||||||
| |||||||
1 | fact that the foreign person's business activity | ||||||
2 | outside the United States is 80% or more of the foreign | ||||||
3 | person's total business activity and (ii) for taxable | ||||||
4 | years ending on or after December 31, 2008, to a person | ||||||
5 | who would be a member of the same unitary business | ||||||
6 | group but for the fact that the person is prohibited | ||||||
7 | under Section 1501(a)(27) from being included in the | ||||||
8 | unitary business group because he or she is ordinarily | ||||||
9 | required to apportion business income under different | ||||||
10 | subsections of Section 304. The addition modification | ||||||
11 | required by this subparagraph shall be reduced to the | ||||||
12 | extent that dividends were included in base income of | ||||||
13 | the unitary group for the same taxable year and | ||||||
14 | received by the taxpayer or by a member of the | ||||||
15 | taxpayer's unitary business group (including amounts | ||||||
16 | included in gross income pursuant to Sections 951 | ||||||
17 | through 964 of the Internal Revenue Code and amounts | ||||||
18 | included in gross income under Section 78 of the | ||||||
19 | Internal Revenue Code) with respect to the stock of | ||||||
20 | the same person to whom the interest was paid, | ||||||
21 | accrued, or incurred. | ||||||
22 | This paragraph shall not apply to the following: | ||||||
23 | (i) an item of interest paid, accrued, or | ||||||
24 | incurred, directly or indirectly, to a person who | ||||||
25 | is subject in a foreign country or state, other | ||||||
26 | than a state which requires mandatory unitary |
| |||||||
| |||||||
1 | reporting, to a tax on or measured by net income | ||||||
2 | with respect to such interest; or | ||||||
3 | (ii) an item of interest paid, accrued, or | ||||||
4 | incurred, directly or indirectly, to a person if | ||||||
5 | the taxpayer can establish, based on a | ||||||
6 | preponderance of the evidence, both of the | ||||||
7 | following: | ||||||
8 | (a) the person, during the same taxable | ||||||
9 | year, paid, accrued, or incurred, the interest | ||||||
10 | to a person that is not a related member, and | ||||||
11 | (b) the transaction giving rise to the | ||||||
12 | interest expense between the taxpayer and the | ||||||
13 | person did not have as a principal purpose the | ||||||
14 | avoidance of Illinois income tax, and is paid | ||||||
15 | pursuant to a contract or agreement that | ||||||
16 | reflects an arm's-length interest rate and | ||||||
17 | terms; or | ||||||
18 | (iii) the taxpayer can establish, based on | ||||||
19 | clear and convincing evidence, that the interest | ||||||
20 | paid, accrued, or incurred relates to a contract | ||||||
21 | or agreement entered into at arm's-length rates | ||||||
22 | and terms and the principal purpose for the | ||||||
23 | payment is not federal or Illinois tax avoidance; | ||||||
24 | or | ||||||
25 | (iv) an item of interest paid, accrued, or | ||||||
26 | incurred, directly or indirectly, to a person if |
| |||||||
| |||||||
1 | the taxpayer establishes by clear and convincing | ||||||
2 | evidence that the adjustments are unreasonable; or | ||||||
3 | if the taxpayer and the Director agree in writing | ||||||
4 | to the application or use of an alternative method | ||||||
5 | of apportionment under Section 304(f). | ||||||
6 | Nothing in this subsection shall preclude the | ||||||
7 | Director from making any other adjustment | ||||||
8 | otherwise allowed under Section 404 of this Act | ||||||
9 | for any tax year beginning after the effective | ||||||
10 | date of this amendment provided such adjustment is | ||||||
11 | made pursuant to regulation adopted by the | ||||||
12 | Department and such regulations provide methods | ||||||
13 | and standards by which the Department will utilize | ||||||
14 | its authority under Section 404 of this Act; | ||||||
15 | (G-13) An amount equal to the amount of intangible | ||||||
16 | expenses and costs otherwise allowed as a deduction in | ||||||
17 | computing base income, and that were paid, accrued, or | ||||||
18 | incurred, directly or indirectly, (i) for taxable | ||||||
19 | years ending on or after December 31, 2004, to a | ||||||
20 | foreign person who would be a member of the same | ||||||
21 | unitary business group but for the fact that the | ||||||
22 | foreign person's business activity outside the United | ||||||
23 | States is 80% or more of that person's total business | ||||||
24 | activity and (ii) for taxable years ending on or after | ||||||
25 | December 31, 2008, to a person who would be a member of | ||||||
26 | the same unitary business group but for the fact that |
| |||||||
| |||||||
1 | the person is prohibited under Section 1501(a)(27) | ||||||
2 | from being included in the unitary business group | ||||||
3 | because he or she is ordinarily required to apportion | ||||||
4 | business income under different subsections of Section | ||||||
5 | 304. The addition modification required by this | ||||||
6 | subparagraph shall be reduced to the extent that | ||||||
7 | dividends were included in base income of the unitary | ||||||
8 | group for the same taxable year and received by the | ||||||
9 | taxpayer or by a member of the taxpayer's unitary | ||||||
10 | business group (including amounts included in gross | ||||||
11 | income pursuant to Sections 951 through 964 of the | ||||||
12 | Internal Revenue Code and amounts included in gross | ||||||
13 | income under Section 78 of the Internal Revenue Code) | ||||||
14 | with respect to the stock of the same person to whom | ||||||
15 | the intangible expenses and costs were directly or | ||||||
16 | indirectly paid, incurred, or accrued. The preceding | ||||||
17 | sentence shall not apply to the extent that the same | ||||||
18 | dividends caused a reduction to the addition | ||||||
19 | modification required under Section 203(c)(2)(G-12) of | ||||||
20 | this Act. As used in this subparagraph, the term | ||||||
21 | "intangible expenses and costs" includes: (1) | ||||||
22 | expenses, losses, and costs for or related to the | ||||||
23 | direct or indirect acquisition, use, maintenance or | ||||||
24 | management, ownership, sale, exchange, or any other | ||||||
25 | disposition of intangible property; (2) losses | ||||||
26 | incurred, directly or indirectly, from factoring |
| |||||||
| |||||||
1 | transactions or discounting transactions; (3) royalty, | ||||||
2 | patent, technical, and copyright fees; (4) licensing | ||||||
3 | fees; and (5) other similar expenses and costs. For | ||||||
4 | purposes of this subparagraph, "intangible property" | ||||||
5 | includes patents, patent applications, trade names, | ||||||
6 | trademarks, service marks, copyrights, mask works, | ||||||
7 | trade secrets, and similar types of intangible assets. | ||||||
8 | This paragraph shall not apply to the following: | ||||||
9 | (i) any item of intangible expenses or costs | ||||||
10 | paid, accrued, or incurred, directly or | ||||||
11 | indirectly, from a transaction with a person who | ||||||
12 | is subject in a foreign country or state, other | ||||||
13 | than a state which requires mandatory unitary | ||||||
14 | reporting, to a tax on or measured by net income | ||||||
15 | with respect to such item; or | ||||||
16 | (ii) any item of intangible expense or cost | ||||||
17 | paid, accrued, or incurred, directly or | ||||||
18 | indirectly, if the taxpayer can establish, based | ||||||
19 | on a preponderance of the evidence, both of the | ||||||
20 | following: | ||||||
21 | (a) the person during the same taxable | ||||||
22 | year paid, accrued, or incurred, the | ||||||
23 | intangible expense or cost to a person that is | ||||||
24 | not a related member, and | ||||||
25 | (b) the transaction giving rise to the | ||||||
26 | intangible expense or cost between the |
| |||||||
| |||||||
1 | taxpayer and the person did not have as a | ||||||
2 | principal purpose the avoidance of Illinois | ||||||
3 | income tax, and is paid pursuant to a contract | ||||||
4 | or agreement that reflects arm's-length terms; | ||||||
5 | or | ||||||
6 | (iii) any item of intangible expense or cost | ||||||
7 | paid, accrued, or incurred, directly or | ||||||
8 | indirectly, from a transaction with a person if | ||||||
9 | the taxpayer establishes by clear and convincing | ||||||
10 | evidence, that the adjustments are unreasonable; | ||||||
11 | or if the taxpayer and the Director agree in | ||||||
12 | writing to the application or use of an | ||||||
13 | alternative method of apportionment under Section | ||||||
14 | 304(f); | ||||||
15 | Nothing in this subsection shall preclude the | ||||||
16 | Director from making any other adjustment | ||||||
17 | otherwise allowed under Section 404 of this Act | ||||||
18 | for any tax year beginning after the effective | ||||||
19 | date of this amendment provided such adjustment is | ||||||
20 | made pursuant to regulation adopted by the | ||||||
21 | Department and such regulations provide methods | ||||||
22 | and standards by which the Department will utilize | ||||||
23 | its authority under Section 404 of this Act; | ||||||
24 | (G-14) For taxable years ending on or after | ||||||
25 | December 31, 2008, an amount equal to the amount of | ||||||
26 | insurance premium expenses and costs otherwise allowed |
| |||||||
| |||||||
1 | as a deduction in computing base income, and that were | ||||||
2 | paid, accrued, or incurred, directly or indirectly, to | ||||||
3 | a person who would be a member of the same unitary | ||||||
4 | business group but for the fact that the person is | ||||||
5 | prohibited under Section 1501(a)(27) from being | ||||||
6 | included in the unitary business group because he or | ||||||
7 | she is ordinarily required to apportion business | ||||||
8 | income under different subsections of Section 304. The | ||||||
9 | addition modification required by this subparagraph | ||||||
10 | shall be reduced to the extent that dividends were | ||||||
11 | included in base income of the unitary group for the | ||||||
12 | same taxable year and received by the taxpayer or by a | ||||||
13 | member of the taxpayer's unitary business group | ||||||
14 | (including amounts included in gross income under | ||||||
15 | Sections 951 through 964 of the Internal Revenue Code | ||||||
16 | and amounts included in gross income under Section 78 | ||||||
17 | of the Internal Revenue Code) with respect to the | ||||||
18 | stock of the same person to whom the premiums and costs | ||||||
19 | were directly or indirectly paid, incurred, or | ||||||
20 | accrued. The preceding sentence does not apply to the | ||||||
21 | extent that the same dividends caused a reduction to | ||||||
22 | the addition modification required under Section | ||||||
23 | 203(c)(2)(G-12) or Section 203(c)(2)(G-13) of this | ||||||
24 | Act; | ||||||
25 | (G-15) An amount equal to the credit allowable to | ||||||
26 | the taxpayer under Section 218(a) of this Act, |
| |||||||
| |||||||
1 | determined without regard to Section 218(c) of this | ||||||
2 | Act; | ||||||
3 | (G-16) For taxable years ending on or after | ||||||
4 | December 31, 2017, an amount equal to the deduction | ||||||
5 | allowed under Section 199 of the Internal Revenue Code | ||||||
6 | for the taxable year; | ||||||
7 | and by deducting from the total so obtained the sum of the | ||||||
8 | following amounts: | ||||||
9 | (H) An amount equal to all amounts included in | ||||||
10 | such total pursuant to the provisions of Sections | ||||||
11 | 402(a), 402(c), 403(a), 403(b), 406(a), 407(a) and 408 | ||||||
12 | of the Internal Revenue Code or included in such total | ||||||
13 | as distributions under the provisions of any | ||||||
14 | retirement or disability plan for employees of any | ||||||
15 | governmental agency or unit, or retirement payments to | ||||||
16 | retired partners, which payments are excluded in | ||||||
17 | computing net earnings from self employment by Section | ||||||
18 | 1402 of the Internal Revenue Code and regulations | ||||||
19 | adopted pursuant thereto; | ||||||
20 | (I) The valuation limitation amount; | ||||||
21 | (J) An amount equal to the amount of any tax | ||||||
22 | imposed by this Act which was refunded to the taxpayer | ||||||
23 | and included in such total for the taxable year; | ||||||
24 | (K) An amount equal to all amounts included in | ||||||
25 | taxable income as modified by subparagraphs (A), (B), | ||||||
26 | (C), (D), (E), (F) and (G) which are exempt from |
| |||||||
| |||||||
1 | taxation by this State either by reason of its | ||||||
2 | statutes or Constitution or by reason of the | ||||||
3 | Constitution, treaties or statutes of the United | ||||||
4 | States; provided that, in the case of any statute of | ||||||
5 | this State that exempts income derived from bonds or | ||||||
6 | other obligations from the tax imposed under this Act, | ||||||
7 | the amount exempted shall be the interest net of bond | ||||||
8 | premium amortization; | ||||||
9 | (L) With the exception of any amounts subtracted | ||||||
10 | under subparagraph (K), an amount equal to the sum of | ||||||
11 | all amounts disallowed as deductions by (i) Sections | ||||||
12 | 171(a)(2) and 265(a)(2) of the Internal Revenue Code, | ||||||
13 | and all amounts of expenses allocable to interest and | ||||||
14 | disallowed as deductions by Section 265(a)(1) of the | ||||||
15 | Internal Revenue Code; and (ii) for taxable years | ||||||
16 | ending on or after August 13, 1999, Sections | ||||||
17 | 171(a)(2), 265, 280C, and 832(b)(5)(B)(i) of the | ||||||
18 | Internal Revenue Code, plus, (iii) for taxable years | ||||||
19 | ending on or after December 31, 2011, Section | ||||||
20 | 45G(e)(3) of the Internal Revenue Code and, for | ||||||
21 | taxable years ending on or after December 31, 2008, | ||||||
22 | any amount included in gross income under Section 87 | ||||||
23 | of the Internal Revenue Code; the provisions of this | ||||||
24 | subparagraph are exempt from the provisions of Section | ||||||
25 | 250; | ||||||
26 | (M) An amount equal to those dividends included in |
| |||||||
| |||||||
1 | such total which were paid by a corporation which | ||||||
2 | conducts business operations in a River Edge | ||||||
3 | Redevelopment Zone or zones created under the River | ||||||
4 | Edge Redevelopment Zone Act and conducts substantially | ||||||
5 | all of its operations in a River Edge Redevelopment | ||||||
6 | Zone or zones. This subparagraph (M) is exempt from | ||||||
7 | the provisions of Section 250; | ||||||
8 | (N) An amount equal to any contribution made to a | ||||||
9 | job training project established pursuant to the Tax | ||||||
10 | Increment Allocation Redevelopment Act; | ||||||
11 | (O) An amount equal to those dividends included in | ||||||
12 | such total that were paid by a corporation that | ||||||
13 | conducts business operations in a federally designated | ||||||
14 | Foreign Trade Zone or Sub-Zone and that is designated | ||||||
15 | a High Impact Business located in Illinois; provided | ||||||
16 | that dividends eligible for the deduction provided in | ||||||
17 | subparagraph (M) of paragraph (2) of this subsection | ||||||
18 | shall not be eligible for the deduction provided under | ||||||
19 | this subparagraph (O); | ||||||
20 | (P) An amount equal to the amount of the deduction | ||||||
21 | used to compute the federal income tax credit for | ||||||
22 | restoration of substantial amounts held under claim of | ||||||
23 | right for the taxable year pursuant to Section 1341 of | ||||||
24 | the Internal Revenue Code; | ||||||
25 | (Q) For taxable year 1999 and thereafter, an | ||||||
26 | amount equal to the amount of any (i) distributions, |
| |||||||
| |||||||
1 | to the extent includible in gross income for federal | ||||||
2 | income tax purposes, made to the taxpayer because of | ||||||
3 | his or her status as a victim of persecution for racial | ||||||
4 | or religious reasons by Nazi Germany or any other Axis | ||||||
5 | regime or as an heir of the victim and (ii) items of | ||||||
6 | income, to the extent includible in gross income for | ||||||
7 | federal income tax purposes, attributable to, derived | ||||||
8 | from or in any way related to assets stolen from, | ||||||
9 | hidden from, or otherwise lost to a victim of | ||||||
10 | persecution for racial or religious reasons by Nazi | ||||||
11 | Germany or any other Axis regime immediately prior to, | ||||||
12 | during, and immediately after World War II, including, | ||||||
13 | but not limited to, interest on the proceeds | ||||||
14 | receivable as insurance under policies issued to a | ||||||
15 | victim of persecution for racial or religious reasons | ||||||
16 | by Nazi Germany or any other Axis regime by European | ||||||
17 | insurance companies immediately prior to and during | ||||||
18 | World War II; provided, however, this subtraction from | ||||||
19 | federal adjusted gross income does not apply to assets | ||||||
20 | acquired with such assets or with the proceeds from | ||||||
21 | the sale of such assets; provided, further, this | ||||||
22 | paragraph shall only apply to a taxpayer who was the | ||||||
23 | first recipient of such assets after their recovery | ||||||
24 | and who is a victim of persecution for racial or | ||||||
25 | religious reasons by Nazi Germany or any other Axis | ||||||
26 | regime or as an heir of the victim. The amount of and |
| |||||||
| |||||||
1 | the eligibility for any public assistance, benefit, or | ||||||
2 | similar entitlement is not affected by the inclusion | ||||||
3 | of items (i) and (ii) of this paragraph in gross income | ||||||
4 | for federal income tax purposes. This paragraph is | ||||||
5 | exempt from the provisions of Section 250; | ||||||
6 | (R) For taxable years 2001 and thereafter, for the | ||||||
7 | taxable year in which the bonus depreciation deduction | ||||||
8 | is taken on the taxpayer's federal income tax return | ||||||
9 | under subsection (k) of Section 168 of the Internal | ||||||
10 | Revenue Code and for each applicable taxable year | ||||||
11 | thereafter, an amount equal to "x", where: | ||||||
12 | (1) "y" equals the amount of the depreciation | ||||||
13 | deduction taken for the taxable year on the | ||||||
14 | taxpayer's federal income tax return on property | ||||||
15 | for which the bonus depreciation deduction was | ||||||
16 | taken in any year under subsection (k) of Section | ||||||
17 | 168 of the Internal Revenue Code, but not | ||||||
18 | including the bonus depreciation deduction; | ||||||
19 | (2) for taxable years ending on or before | ||||||
20 | December 31, 2005, "x" equals "y" multiplied by 30 | ||||||
21 | and then divided by 70 (or "y" multiplied by | ||||||
22 | 0.429); and | ||||||
23 | (3) for taxable years ending after December | ||||||
24 | 31, 2005: | ||||||
25 | (i) for property on which a bonus | ||||||
26 | depreciation deduction of 30% of the adjusted |
| |||||||
| |||||||
1 | basis was taken, "x" equals "y" multiplied by | ||||||
2 | 30 and then divided by 70 (or "y" multiplied | ||||||
3 | by 0.429); | ||||||
4 | (ii) for property on which a bonus | ||||||
5 | depreciation deduction of 50% of the adjusted | ||||||
6 | basis was taken, "x" equals "y" multiplied by | ||||||
7 | 1.0; | ||||||
8 | (iii) for property on which a bonus | ||||||
9 | depreciation deduction of 100% of the adjusted | ||||||
10 | basis was taken in a taxable year ending on or | ||||||
11 | after December 31, 2021, "x" equals the | ||||||
12 | depreciation deduction that would be allowed | ||||||
13 | on that property if the taxpayer had made the | ||||||
14 | election under Section 168(k)(7) of the | ||||||
15 | Internal Revenue Code to not claim bonus | ||||||
16 | depreciation on that property; and | ||||||
17 | (iv) for property on which a bonus | ||||||
18 | depreciation deduction of a percentage other | ||||||
19 | than 30%, 50% or 100% of the adjusted basis | ||||||
20 | was taken in a taxable year ending on or after | ||||||
21 | December 31, 2021, "x" equals "y" multiplied | ||||||
22 | by 100 times the percentage bonus depreciation | ||||||
23 | on the property (that is, 100(bonus%)) and | ||||||
24 | then divided by 100 times 1 minus the | ||||||
25 | percentage bonus depreciation on the property | ||||||
26 | (that is, 100(1-bonus%)). |
| |||||||
| |||||||
1 | The aggregate amount deducted under this | ||||||
2 | subparagraph in all taxable years for any one piece of | ||||||
3 | property may not exceed the amount of the bonus | ||||||
4 | depreciation deduction taken on that property on the | ||||||
5 | taxpayer's federal income tax return under subsection | ||||||
6 | (k) of Section 168 of the Internal Revenue Code. This | ||||||
7 | subparagraph (R) is exempt from the provisions of | ||||||
8 | Section 250; | ||||||
9 | (S) If the taxpayer sells, transfers, abandons, or | ||||||
10 | otherwise disposes of property for which the taxpayer | ||||||
11 | was required in any taxable year to make an addition | ||||||
12 | modification under subparagraph (G-10), then an amount | ||||||
13 | equal to that addition modification. | ||||||
14 | If the taxpayer continues to own property through | ||||||
15 | the last day of the last tax year for which a | ||||||
16 | subtraction is allowed with respect to that property | ||||||
17 | under subparagraph (R) and for which the taxpayer was | ||||||
18 | required in any taxable year to make an addition | ||||||
19 | modification under subparagraph (G-10), then an amount | ||||||
20 | equal to that addition modification. | ||||||
21 | The taxpayer is allowed to take the deduction | ||||||
22 | under this subparagraph only once with respect to any | ||||||
23 | one piece of property. | ||||||
24 | This subparagraph (S) is exempt from the | ||||||
25 | provisions of Section 250; | ||||||
26 | (T) The amount of (i) any interest income (net of |
| |||||||
| |||||||
1 | the deductions allocable thereto) taken into account | ||||||
2 | for the taxable year with respect to a transaction | ||||||
3 | with a taxpayer that is required to make an addition | ||||||
4 | modification with respect to such transaction under | ||||||
5 | Section 203(a)(2)(D-17), 203(b)(2)(E-12), | ||||||
6 | 203(c)(2)(G-12), or 203(d)(2)(D-7), but not to exceed | ||||||
7 | the amount of such addition modification and (ii) any | ||||||
8 | income from intangible property (net of the deductions | ||||||
9 | allocable thereto) taken into account for the taxable | ||||||
10 | year with respect to a transaction with a taxpayer | ||||||
11 | that is required to make an addition modification with | ||||||
12 | respect to such transaction under Section | ||||||
13 | 203(a)(2)(D-18), 203(b)(2)(E-13), 203(c)(2)(G-13), or | ||||||
14 | 203(d)(2)(D-8), but not to exceed the amount of such | ||||||
15 | addition modification. This subparagraph (T) is exempt | ||||||
16 | from the provisions of Section 250; | ||||||
17 | (U) An amount equal to the interest income taken | ||||||
18 | into account for the taxable year (net of the | ||||||
19 | deductions allocable thereto) with respect to | ||||||
20 | transactions with (i) a foreign person who would be a | ||||||
21 | member of the taxpayer's unitary business group but | ||||||
22 | for the fact the foreign person's business activity | ||||||
23 | outside the United States is 80% or more of that | ||||||
24 | person's total business activity and (ii) for taxable | ||||||
25 | years ending on or after December 31, 2008, to a person | ||||||
26 | who would be a member of the same unitary business |
| |||||||
| |||||||
1 | group but for the fact that the person is prohibited | ||||||
2 | under Section 1501(a)(27) from being included in the | ||||||
3 | unitary business group because he or she is ordinarily | ||||||
4 | required to apportion business income under different | ||||||
5 | subsections of Section 304, but not to exceed the | ||||||
6 | addition modification required to be made for the same | ||||||
7 | taxable year under Section 203(c)(2)(G-12) for | ||||||
8 | interest paid, accrued, or incurred, directly or | ||||||
9 | indirectly, to the same person. This subparagraph (U) | ||||||
10 | is exempt from the provisions of Section 250; | ||||||
11 | (V) An amount equal to the income from intangible | ||||||
12 | property taken into account for the taxable year (net | ||||||
13 | of the deductions allocable thereto) with respect to | ||||||
14 | transactions with (i) a foreign person who would be a | ||||||
15 | member of the taxpayer's unitary business group but | ||||||
16 | for the fact that the foreign person's business | ||||||
17 | activity outside the United States is 80% or more of | ||||||
18 | that person's total business activity and (ii) for | ||||||
19 | taxable years ending on or after December 31, 2008, to | ||||||
20 | a person who would be a member of the same unitary | ||||||
21 | business group but for the fact that the person is | ||||||
22 | prohibited under Section 1501(a)(27) from being | ||||||
23 | included in the unitary business group because he or | ||||||
24 | she is ordinarily required to apportion business | ||||||
25 | income under different subsections of Section 304, but | ||||||
26 | not to exceed the addition modification required to be |
| |||||||
| |||||||
1 | made for the same taxable year under Section | ||||||
2 | 203(c)(2)(G-13) for intangible expenses and costs | ||||||
3 | paid, accrued, or incurred, directly or indirectly, to | ||||||
4 | the same foreign person. This subparagraph (V) is | ||||||
5 | exempt from the provisions of Section 250; | ||||||
6 | (W) in the case of an estate, an amount equal to | ||||||
7 | all amounts included in such total pursuant to the | ||||||
8 | provisions of Section 111 of the Internal Revenue Code | ||||||
9 | as a recovery of items previously deducted by the | ||||||
10 | decedent from adjusted gross income in the computation | ||||||
11 | of taxable income. This subparagraph (W) is exempt | ||||||
12 | from Section 250; | ||||||
13 | (X) an amount equal to the refund included in such | ||||||
14 | total of any tax deducted for federal income tax | ||||||
15 | purposes, to the extent that deduction was added back | ||||||
16 | under subparagraph (F). This subparagraph (X) is | ||||||
17 | exempt from the provisions of Section 250; | ||||||
18 | (Y) For taxable years ending on or after December | ||||||
19 | 31, 2011, in the case of a taxpayer who was required to | ||||||
20 | add back any insurance premiums under Section | ||||||
21 | 203(c)(2)(G-14), such taxpayer may elect to subtract | ||||||
22 | that part of a reimbursement received from the | ||||||
23 | insurance company equal to the amount of the expense | ||||||
24 | or loss (including expenses incurred by the insurance | ||||||
25 | company) that would have been taken into account as a | ||||||
26 | deduction for federal income tax purposes if the |
| |||||||
| |||||||
1 | expense or loss had been uninsured. If a taxpayer | ||||||
2 | makes the election provided for by this subparagraph | ||||||
3 | (Y), the insurer to which the premiums were paid must | ||||||
4 | add back to income the amount subtracted by the | ||||||
5 | taxpayer pursuant to this subparagraph (Y). This | ||||||
6 | subparagraph (Y) is exempt from the provisions of | ||||||
7 | Section 250; | ||||||
8 | (Z) For taxable years beginning after December 31, | ||||||
9 | 2018 and before January 1, 2026, the amount of excess | ||||||
10 | business loss of the taxpayer disallowed as a | ||||||
11 | deduction by Section 461(l)(1)(B) of the Internal | ||||||
12 | Revenue Code; and | ||||||
13 | (AA) For taxable years beginning on or after | ||||||
14 | January 1, 2023, for any cannabis establishment | ||||||
15 | operating in this State and licensed under the | ||||||
16 | Cannabis Regulation and Tax Act or any cannabis | ||||||
17 | cultivation center or medical cannabis dispensing | ||||||
18 | organization operating in this State and licensed | ||||||
19 | under the Compassionate Use of Medical Cannabis | ||||||
20 | Program Act, an amount equal to the deductions that | ||||||
21 | were disallowed under Section 280E of the Internal | ||||||
22 | Revenue Code for the taxable year and that would not be | ||||||
23 | added back under this subsection. The provisions of | ||||||
24 | this subparagraph (AA) are exempt from the provisions | ||||||
25 | of Section 250. | ||||||
26 | (3) Limitation. The amount of any modification |
| |||||||
| |||||||
1 | otherwise required under this subsection shall, under | ||||||
2 | regulations prescribed by the Department, be adjusted by | ||||||
3 | any amounts included therein which were properly paid, | ||||||
4 | credited, or required to be distributed, or permanently | ||||||
5 | set aside for charitable purposes pursuant to Internal | ||||||
6 | Revenue Code Section 642(c) during the taxable year.
| ||||||
7 | (d) Partnerships. | ||||||
8 | (1) In general. In the case of a partnership, base | ||||||
9 | income means an amount equal to the taxpayer's taxable | ||||||
10 | income for the taxable year as modified by paragraph (2). | ||||||
11 | (2) Modifications. The taxable income referred to in | ||||||
12 | paragraph (1) shall be modified by adding thereto the sum | ||||||
13 | of the following amounts: | ||||||
14 | (A) An amount equal to all amounts paid or accrued | ||||||
15 | to the taxpayer as interest or dividends during the | ||||||
16 | taxable year to the extent excluded from gross income | ||||||
17 | in the computation of taxable income; | ||||||
18 | (B) An amount equal to the amount of tax imposed by | ||||||
19 | this Act to the extent deducted from gross income for | ||||||
20 | the taxable year; | ||||||
21 | (C) The amount of deductions allowed to the | ||||||
22 | partnership pursuant to Section 707 (c) of the | ||||||
23 | Internal Revenue Code in calculating its taxable | ||||||
24 | income; | ||||||
25 | (D) An amount equal to the amount of the capital |
| |||||||
| |||||||
1 | gain deduction allowable under the Internal Revenue | ||||||
2 | Code, to the extent deducted from gross income in the | ||||||
3 | computation of taxable income; | ||||||
4 | (D-5) For taxable years 2001 and thereafter, an | ||||||
5 | amount equal to the bonus depreciation deduction taken | ||||||
6 | on the taxpayer's federal income tax return for the | ||||||
7 | taxable year under subsection (k) of Section 168 of | ||||||
8 | the Internal Revenue Code; | ||||||
9 | (D-6) If the taxpayer sells, transfers, abandons, | ||||||
10 | or otherwise disposes of property for which the | ||||||
11 | taxpayer was required in any taxable year to make an | ||||||
12 | addition modification under subparagraph (D-5), then | ||||||
13 | an amount equal to the aggregate amount of the | ||||||
14 | deductions taken in all taxable years under | ||||||
15 | subparagraph (O) with respect to that property. | ||||||
16 | If the taxpayer continues to own property through | ||||||
17 | the last day of the last tax year for which a | ||||||
18 | subtraction is allowed with respect to that property | ||||||
19 | under subparagraph (O) and for which the taxpayer was | ||||||
20 | allowed in any taxable year to make a subtraction | ||||||
21 | modification under subparagraph (O), then an amount | ||||||
22 | equal to that subtraction modification. | ||||||
23 | The taxpayer is required to make the addition | ||||||
24 | modification under this subparagraph only once with | ||||||
25 | respect to any one piece of property; | ||||||
26 | (D-7) An amount equal to the amount otherwise |
| |||||||
| |||||||
1 | allowed as a deduction in computing base income for | ||||||
2 | interest paid, accrued, or incurred, directly or | ||||||
3 | indirectly, (i) for taxable years ending on or after | ||||||
4 | December 31, 2004, to a foreign person who would be a | ||||||
5 | member of the same unitary business group but for the | ||||||
6 | fact the foreign person's business activity outside | ||||||
7 | the United States is 80% or more of the foreign | ||||||
8 | person's total business activity and (ii) for taxable | ||||||
9 | years ending on or after December 31, 2008, to a person | ||||||
10 | who would be a member of the same unitary business | ||||||
11 | group but for the fact that the person is prohibited | ||||||
12 | under Section 1501(a)(27) from being included in the | ||||||
13 | unitary business group because he or she is ordinarily | ||||||
14 | required to apportion business income under different | ||||||
15 | subsections of Section 304. The addition modification | ||||||
16 | required by this subparagraph shall be reduced to the | ||||||
17 | extent that dividends were included in base income of | ||||||
18 | the unitary group for the same taxable year and | ||||||
19 | received by the taxpayer or by a member of the | ||||||
20 | taxpayer's unitary business group (including amounts | ||||||
21 | included in gross income pursuant to Sections 951 | ||||||
22 | through 964 of the Internal Revenue Code and amounts | ||||||
23 | included in gross income under Section 78 of the | ||||||
24 | Internal Revenue Code) with respect to the stock of | ||||||
25 | the same person to whom the interest was paid, | ||||||
26 | accrued, or incurred. |
| |||||||
| |||||||
1 | This paragraph shall not apply to the following: | ||||||
2 | (i) an item of interest paid, accrued, or | ||||||
3 | incurred, directly or indirectly, to a person who | ||||||
4 | is subject in a foreign country or state, other | ||||||
5 | than a state which requires mandatory unitary | ||||||
6 | reporting, to a tax on or measured by net income | ||||||
7 | with respect to such interest; or | ||||||
8 | (ii) an item of interest paid, accrued, or | ||||||
9 | incurred, directly or indirectly, to a person if | ||||||
10 | the taxpayer can establish, based on a | ||||||
11 | preponderance of the evidence, both of the | ||||||
12 | following: | ||||||
13 | (a) the person, during the same taxable | ||||||
14 | year, paid, accrued, or incurred, the interest | ||||||
15 | to a person that is not a related member, and | ||||||
16 | (b) the transaction giving rise to the | ||||||
17 | interest expense between the taxpayer and the | ||||||
18 | person did not have as a principal purpose the | ||||||
19 | avoidance of Illinois income tax, and is paid | ||||||
20 | pursuant to a contract or agreement that | ||||||
21 | reflects an arm's-length interest rate and | ||||||
22 | terms; or | ||||||
23 | (iii) the taxpayer can establish, based on | ||||||
24 | clear and convincing evidence, that the interest | ||||||
25 | paid, accrued, or incurred relates to a contract | ||||||
26 | or agreement entered into at arm's-length rates |
| |||||||
| |||||||
1 | and terms and the principal purpose for the | ||||||
2 | payment is not federal or Illinois tax avoidance; | ||||||
3 | or | ||||||
4 | (iv) an item of interest paid, accrued, or | ||||||
5 | incurred, directly or indirectly, to a person if | ||||||
6 | the taxpayer establishes by clear and convincing | ||||||
7 | evidence that the adjustments are unreasonable; or | ||||||
8 | if the taxpayer and the Director agree in writing | ||||||
9 | to the application or use of an alternative method | ||||||
10 | of apportionment under Section 304(f). | ||||||
11 | Nothing in this subsection shall preclude the | ||||||
12 | Director from making any other adjustment | ||||||
13 | otherwise allowed under Section 404 of this Act | ||||||
14 | for any tax year beginning after the effective | ||||||
15 | date of this amendment provided such adjustment is | ||||||
16 | made pursuant to regulation adopted by the | ||||||
17 | Department and such regulations provide methods | ||||||
18 | and standards by which the Department will utilize | ||||||
19 | its authority under Section 404 of this Act; and | ||||||
20 | (D-8) An amount equal to the amount of intangible | ||||||
21 | expenses and costs otherwise allowed as a deduction in | ||||||
22 | computing base income, and that were paid, accrued, or | ||||||
23 | incurred, directly or indirectly, (i) for taxable | ||||||
24 | years ending on or after December 31, 2004, to a | ||||||
25 | foreign person who would be a member of the same | ||||||
26 | unitary business group but for the fact that the |
| |||||||
| |||||||
1 | foreign person's business activity outside the United | ||||||
2 | States is 80% or more of that person's total business | ||||||
3 | activity and (ii) for taxable years ending on or after | ||||||
4 | December 31, 2008, to a person who would be a member of | ||||||
5 | the same unitary business group but for the fact that | ||||||
6 | the person is prohibited under Section 1501(a)(27) | ||||||
7 | from being included in the unitary business group | ||||||
8 | because he or she is ordinarily required to apportion | ||||||
9 | business income under different subsections of Section | ||||||
10 | 304. The addition modification required by this | ||||||
11 | subparagraph shall be reduced to the extent that | ||||||
12 | dividends were included in base income of the unitary | ||||||
13 | group for the same taxable year and received by the | ||||||
14 | taxpayer or by a member of the taxpayer's unitary | ||||||
15 | business group (including amounts included in gross | ||||||
16 | income pursuant to Sections 951 through 964 of the | ||||||
17 | Internal Revenue Code and amounts included in gross | ||||||
18 | income under Section 78 of the Internal Revenue Code) | ||||||
19 | with respect to the stock of the same person to whom | ||||||
20 | the intangible expenses and costs were directly or | ||||||
21 | indirectly paid, incurred or accrued. The preceding | ||||||
22 | sentence shall not apply to the extent that the same | ||||||
23 | dividends caused a reduction to the addition | ||||||
24 | modification required under Section 203(d)(2)(D-7) of | ||||||
25 | this Act. As used in this subparagraph, the term | ||||||
26 | "intangible expenses and costs" includes (1) expenses, |
| |||||||
| |||||||
1 | losses, and costs for, or related to, the direct or | ||||||
2 | indirect acquisition, use, maintenance or management, | ||||||
3 | ownership, sale, exchange, or any other disposition of | ||||||
4 | intangible property; (2) losses incurred, directly or | ||||||
5 | indirectly, from factoring transactions or discounting | ||||||
6 | transactions; (3) royalty, patent, technical, and | ||||||
7 | copyright fees; (4) licensing fees; and (5) other | ||||||
8 | similar expenses and costs. For purposes of this | ||||||
9 | subparagraph, "intangible property" includes patents, | ||||||
10 | patent applications, trade names, trademarks, service | ||||||
11 | marks, copyrights, mask works, trade secrets, and | ||||||
12 | similar types of intangible assets; | ||||||
13 | This paragraph shall not apply to the following: | ||||||
14 | (i) any item of intangible expenses or costs | ||||||
15 | paid, accrued, or incurred, directly or | ||||||
16 | indirectly, from a transaction with a person who | ||||||
17 | is subject in a foreign country or state, other | ||||||
18 | than a state which requires mandatory unitary | ||||||
19 | reporting, to a tax on or measured by net income | ||||||
20 | with respect to such item; or | ||||||
21 | (ii) any item of intangible expense or cost | ||||||
22 | paid, accrued, or incurred, directly or | ||||||
23 | indirectly, if the taxpayer can establish, based | ||||||
24 | on a preponderance of the evidence, both of the | ||||||
25 | following: | ||||||
26 | (a) the person during the same taxable |
| |||||||
| |||||||
1 | year paid, accrued, or incurred, the | ||||||
2 | intangible expense or cost to a person that is | ||||||
3 | not a related member, and | ||||||
4 | (b) the transaction giving rise to the | ||||||
5 | intangible expense or cost between the | ||||||
6 | taxpayer and the person did not have as a | ||||||
7 | principal purpose the avoidance of Illinois | ||||||
8 | income tax, and is paid pursuant to a contract | ||||||
9 | or agreement that reflects arm's-length terms; | ||||||
10 | or | ||||||
11 | (iii) any item of intangible expense or cost | ||||||
12 | paid, accrued, or incurred, directly or | ||||||
13 | indirectly, from a transaction with a person if | ||||||
14 | the taxpayer establishes by clear and convincing | ||||||
15 | evidence, that the adjustments are unreasonable; | ||||||
16 | or if the taxpayer and the Director agree in | ||||||
17 | writing to the application or use of an | ||||||
18 | alternative method of apportionment under Section | ||||||
19 | 304(f); | ||||||
20 | Nothing in this subsection shall preclude the | ||||||
21 | Director from making any other adjustment | ||||||
22 | otherwise allowed under Section 404 of this Act | ||||||
23 | for any tax year beginning after the effective | ||||||
24 | date of this amendment provided such adjustment is | ||||||
25 | made pursuant to regulation adopted by the | ||||||
26 | Department and such regulations provide methods |
| |||||||
| |||||||
1 | and standards by which the Department will utilize | ||||||
2 | its authority under Section 404 of this Act; | ||||||
3 | (D-9) For taxable years ending on or after | ||||||
4 | December 31, 2008, an amount equal to the amount of | ||||||
5 | insurance premium expenses and costs otherwise allowed | ||||||
6 | as a deduction in computing base income, and that were | ||||||
7 | paid, accrued, or incurred, directly or indirectly, to | ||||||
8 | a person who would be a member of the same unitary | ||||||
9 | business group but for the fact that the person is | ||||||
10 | prohibited under Section 1501(a)(27) from being | ||||||
11 | included in the unitary business group because he or | ||||||
12 | she is ordinarily required to apportion business | ||||||
13 | income under different subsections of Section 304. The | ||||||
14 | addition modification required by this subparagraph | ||||||
15 | shall be reduced to the extent that dividends were | ||||||
16 | included in base income of the unitary group for the | ||||||
17 | same taxable year and received by the taxpayer or by a | ||||||
18 | member of the taxpayer's unitary business group | ||||||
19 | (including amounts included in gross income under | ||||||
20 | Sections 951 through 964 of the Internal Revenue Code | ||||||
21 | and amounts included in gross income under Section 78 | ||||||
22 | of the Internal Revenue Code) with respect to the | ||||||
23 | stock of the same person to whom the premiums and costs | ||||||
24 | were directly or indirectly paid, incurred, or | ||||||
25 | accrued. The preceding sentence does not apply to the | ||||||
26 | extent that the same dividends caused a reduction to |
| |||||||
| |||||||
1 | the addition modification required under Section | ||||||
2 | 203(d)(2)(D-7) or Section 203(d)(2)(D-8) of this Act; | ||||||
3 | (D-10) An amount equal to the credit allowable to | ||||||
4 | the taxpayer under Section 218(a) of this Act, | ||||||
5 | determined without regard to Section 218(c) of this | ||||||
6 | Act; | ||||||
7 | (D-11) For taxable years ending on or after | ||||||
8 | December 31, 2017, an amount equal to the deduction | ||||||
9 | allowed under Section 199 of the Internal Revenue Code | ||||||
10 | for the taxable year; | ||||||
11 | and by deducting from the total so obtained the following | ||||||
12 | amounts: | ||||||
13 | (E) The valuation limitation amount; | ||||||
14 | (F) An amount equal to the amount of any tax | ||||||
15 | imposed by this Act which was refunded to the taxpayer | ||||||
16 | and included in such total for the taxable year; | ||||||
17 | (G) An amount equal to all amounts included in | ||||||
18 | taxable income as modified by subparagraphs (A), (B), | ||||||
19 | (C) and (D) which are exempt from taxation by this | ||||||
20 | State either by reason of its statutes or Constitution | ||||||
21 | or by reason of the Constitution, treaties or statutes | ||||||
22 | of the United States; provided that, in the case of any | ||||||
23 | statute of this State that exempts income derived from | ||||||
24 | bonds or other obligations from the tax imposed under | ||||||
25 | this Act, the amount exempted shall be the interest | ||||||
26 | net of bond premium amortization; |
| |||||||
| |||||||
1 | (H) Any income of the partnership which | ||||||
2 | constitutes personal service income as defined in | ||||||
3 | Section 1348(b)(1) of the Internal Revenue Code (as in | ||||||
4 | effect December 31, 1981) or a reasonable allowance | ||||||
5 | for compensation paid or accrued for services rendered | ||||||
6 | by partners to the partnership, whichever is greater; | ||||||
7 | this subparagraph (H) is exempt from the provisions of | ||||||
8 | Section 250; | ||||||
9 | (I) An amount equal to all amounts of income | ||||||
10 | distributable to an entity subject to the Personal | ||||||
11 | Property Tax Replacement Income Tax imposed by | ||||||
12 | subsections (c) and (d) of Section 201 of this Act | ||||||
13 | including amounts distributable to organizations | ||||||
14 | exempt from federal income tax by reason of Section | ||||||
15 | 501(a) of the Internal Revenue Code; this subparagraph | ||||||
16 | (I) is exempt from the provisions of Section 250; | ||||||
17 | (J) With the exception of any amounts subtracted | ||||||
18 | under subparagraph (G), an amount equal to the sum of | ||||||
19 | all amounts disallowed as deductions by (i) Sections | ||||||
20 | 171(a)(2) and 265(a)(2) of the Internal Revenue Code, | ||||||
21 | and all amounts of expenses allocable to interest and | ||||||
22 | disallowed as deductions by Section 265(a)(1) of the | ||||||
23 | Internal Revenue Code; and (ii) for taxable years | ||||||
24 | ending on or after August 13, 1999, Sections | ||||||
25 | 171(a)(2), 265, 280C, and 832(b)(5)(B)(i) of the | ||||||
26 | Internal Revenue Code, plus, (iii) for taxable years |
| |||||||
| |||||||
1 | ending on or after December 31, 2011, Section | ||||||
2 | 45G(e)(3) of the Internal Revenue Code and, for | ||||||
3 | taxable years ending on or after December 31, 2008, | ||||||
4 | any amount included in gross income under Section 87 | ||||||
5 | of the Internal Revenue Code; the provisions of this | ||||||
6 | subparagraph are exempt from the provisions of Section | ||||||
7 | 250; | ||||||
8 | (K) An amount equal to those dividends included in | ||||||
9 | such total which were paid by a corporation which | ||||||
10 | conducts business operations in a River Edge | ||||||
11 | Redevelopment Zone or zones created under the River | ||||||
12 | Edge Redevelopment Zone Act and conducts substantially | ||||||
13 | all of its operations from a River Edge Redevelopment | ||||||
14 | Zone or zones. This subparagraph (K) is exempt from | ||||||
15 | the provisions of Section 250; | ||||||
16 | (L) An amount equal to any contribution made to a | ||||||
17 | job training project established pursuant to the Real | ||||||
18 | Property Tax Increment Allocation Redevelopment Act; | ||||||
19 | (M) An amount equal to those dividends included in | ||||||
20 | such total that were paid by a corporation that | ||||||
21 | conducts business operations in a federally designated | ||||||
22 | Foreign Trade Zone or Sub-Zone and that is designated | ||||||
23 | a High Impact Business located in Illinois; provided | ||||||
24 | that dividends eligible for the deduction provided in | ||||||
25 | subparagraph (K) of paragraph (2) of this subsection | ||||||
26 | shall not be eligible for the deduction provided under |
| |||||||
| |||||||
1 | this subparagraph (M); | ||||||
2 | (N) An amount equal to the amount of the deduction | ||||||
3 | used to compute the federal income tax credit for | ||||||
4 | restoration of substantial amounts held under claim of | ||||||
5 | right for the taxable year pursuant to Section 1341 of | ||||||
6 | the Internal Revenue Code; | ||||||
7 | (O) For taxable years 2001 and thereafter, for the | ||||||
8 | taxable year in which the bonus depreciation deduction | ||||||
9 | is taken on the taxpayer's federal income tax return | ||||||
10 | under subsection (k) of Section 168 of the Internal | ||||||
11 | Revenue Code and for each applicable taxable year | ||||||
12 | thereafter, an amount equal to "x", where: | ||||||
13 | (1) "y" equals the amount of the depreciation | ||||||
14 | deduction taken for the taxable year on the | ||||||
15 | taxpayer's federal income tax return on property | ||||||
16 | for which the bonus depreciation deduction was | ||||||
17 | taken in any year under subsection (k) of Section | ||||||
18 | 168 of the Internal Revenue Code, but not | ||||||
19 | including the bonus depreciation deduction; | ||||||
20 | (2) for taxable years ending on or before | ||||||
21 | December 31, 2005, "x" equals "y" multiplied by 30 | ||||||
22 | and then divided by 70 (or "y" multiplied by | ||||||
23 | 0.429); and | ||||||
24 | (3) for taxable years ending after December | ||||||
25 | 31, 2005: | ||||||
26 | (i) for property on which a bonus |
| |||||||
| |||||||
1 | depreciation deduction of 30% of the adjusted | ||||||
2 | basis was taken, "x" equals "y" multiplied by | ||||||
3 | 30 and then divided by 70 (or "y" multiplied | ||||||
4 | by 0.429); | ||||||
5 | (ii) for property on which a bonus | ||||||
6 | depreciation deduction of 50% of the adjusted | ||||||
7 | basis was taken, "x" equals "y" multiplied by | ||||||
8 | 1.0; | ||||||
9 | (iii) for property on which a bonus | ||||||
10 | depreciation deduction of 100% of the adjusted | ||||||
11 | basis was taken in a taxable year ending on or | ||||||
12 | after December 31, 2021, "x" equals the | ||||||
13 | depreciation deduction that would be allowed | ||||||
14 | on that property if the taxpayer had made the | ||||||
15 | election under Section 168(k)(7) of the | ||||||
16 | Internal Revenue Code to not claim bonus | ||||||
17 | depreciation on that property; and | ||||||
18 | (iv) for property on which a bonus | ||||||
19 | depreciation deduction of a percentage other | ||||||
20 | than 30%, 50% or 100% of the adjusted basis | ||||||
21 | was taken in a taxable year ending on or after | ||||||
22 | December 31, 2021, "x" equals "y" multiplied | ||||||
23 | by 100 times the percentage bonus depreciation | ||||||
24 | on the property (that is, 100(bonus%)) and | ||||||
25 | then divided by 100 times 1 minus the | ||||||
26 | percentage bonus depreciation on the property |
| |||||||
| |||||||
1 | (that is, 100(1-bonus%)). | ||||||
2 | The aggregate amount deducted under this | ||||||
3 | subparagraph in all taxable years for any one piece of | ||||||
4 | property may not exceed the amount of the bonus | ||||||
5 | depreciation deduction taken on that property on the | ||||||
6 | taxpayer's federal income tax return under subsection | ||||||
7 | (k) of Section 168 of the Internal Revenue Code. This | ||||||
8 | subparagraph (O) is exempt from the provisions of | ||||||
9 | Section 250; | ||||||
10 | (P) If the taxpayer sells, transfers, abandons, or | ||||||
11 | otherwise disposes of property for which the taxpayer | ||||||
12 | was required in any taxable year to make an addition | ||||||
13 | modification under subparagraph (D-5), then an amount | ||||||
14 | equal to that addition modification. | ||||||
15 | If the taxpayer continues to own property through | ||||||
16 | the last day of the last tax year for which a | ||||||
17 | subtraction is allowed with respect to that property | ||||||
18 | under subparagraph (O) and for which the taxpayer was | ||||||
19 | required in any taxable year to make an addition | ||||||
20 | modification under subparagraph (D-5), then an amount | ||||||
21 | equal to that addition modification. | ||||||
22 | The taxpayer is allowed to take the deduction | ||||||
23 | under this subparagraph only once with respect to any | ||||||
24 | one piece of property. | ||||||
25 | This subparagraph (P) is exempt from the | ||||||
26 | provisions of Section 250; |
| |||||||
| |||||||
1 | (Q) The amount of (i) any interest income (net of | ||||||
2 | the deductions allocable thereto) taken into account | ||||||
3 | for the taxable year with respect to a transaction | ||||||
4 | with a taxpayer that is required to make an addition | ||||||
5 | modification with respect to such transaction under | ||||||
6 | Section 203(a)(2)(D-17), 203(b)(2)(E-12), | ||||||
7 | 203(c)(2)(G-12), or 203(d)(2)(D-7), but not to exceed | ||||||
8 | the amount of such addition modification and (ii) any | ||||||
9 | income from intangible property (net of the deductions | ||||||
10 | allocable thereto) taken into account for the taxable | ||||||
11 | year with respect to a transaction with a taxpayer | ||||||
12 | that is required to make an addition modification with | ||||||
13 | respect to such transaction under Section | ||||||
14 | 203(a)(2)(D-18), 203(b)(2)(E-13), 203(c)(2)(G-13), or | ||||||
15 | 203(d)(2)(D-8), but not to exceed the amount of such | ||||||
16 | addition modification. This subparagraph (Q) is exempt | ||||||
17 | from Section 250; | ||||||
18 | (R) An amount equal to the interest income taken | ||||||
19 | into account for the taxable year (net of the | ||||||
20 | deductions allocable thereto) with respect to | ||||||
21 | transactions with (i) a foreign person who would be a | ||||||
22 | member of the taxpayer's unitary business group but | ||||||
23 | for the fact that the foreign person's business | ||||||
24 | activity outside the United States is 80% or more of | ||||||
25 | that person's total business activity and (ii) for | ||||||
26 | taxable years ending on or after December 31, 2008, to |
| |||||||
| |||||||
1 | a person who would be a member of the same unitary | ||||||
2 | business group but for the fact that the person is | ||||||
3 | prohibited under Section 1501(a)(27) from being | ||||||
4 | included in the unitary business group because he or | ||||||
5 | she is ordinarily required to apportion business | ||||||
6 | income under different subsections of Section 304, but | ||||||
7 | not to exceed the addition modification required to be | ||||||
8 | made for the same taxable year under Section | ||||||
9 | 203(d)(2)(D-7) for interest paid, accrued, or | ||||||
10 | incurred, directly or indirectly, to the same person. | ||||||
11 | This subparagraph (R) is exempt from Section 250; | ||||||
12 | (S) An amount equal to the income from intangible | ||||||
13 | property taken into account for the taxable year (net | ||||||
14 | of the deductions allocable thereto) with respect to | ||||||
15 | transactions with (i) a foreign person who would be a | ||||||
16 | member of the taxpayer's unitary business group but | ||||||
17 | for the fact that the foreign person's business | ||||||
18 | activity outside the United States is 80% or more of | ||||||
19 | that person's total business activity and (ii) for | ||||||
20 | taxable years ending on or after December 31, 2008, to | ||||||
21 | a person who would be a member of the same unitary | ||||||
22 | business group but for the fact that the person is | ||||||
23 | prohibited under Section 1501(a)(27) from being | ||||||
24 | included in the unitary business group because he or | ||||||
25 | she is ordinarily required to apportion business | ||||||
26 | income under different subsections of Section 304, but |
| |||||||
| |||||||
1 | not to exceed the addition modification required to be | ||||||
2 | made for the same taxable year under Section | ||||||
3 | 203(d)(2)(D-8) for intangible expenses and costs paid, | ||||||
4 | accrued, or incurred, directly or indirectly, to the | ||||||
5 | same person. This subparagraph (S) is exempt from | ||||||
6 | Section 250; | ||||||
7 | (T) For taxable years ending on or after December | ||||||
8 | 31, 2011, in the case of a taxpayer who was required to | ||||||
9 | add back any insurance premiums under Section | ||||||
10 | 203(d)(2)(D-9), such taxpayer may elect to subtract | ||||||
11 | that part of a reimbursement received from the | ||||||
12 | insurance company equal to the amount of the expense | ||||||
13 | or loss (including expenses incurred by the insurance | ||||||
14 | company) that would have been taken into account as a | ||||||
15 | deduction for federal income tax purposes if the | ||||||
16 | expense or loss had been uninsured. If a taxpayer | ||||||
17 | makes the election provided for by this subparagraph | ||||||
18 | (T), the insurer to which the premiums were paid must | ||||||
19 | add back to income the amount subtracted by the | ||||||
20 | taxpayer pursuant to this subparagraph (T). This | ||||||
21 | subparagraph (T) is exempt from the provisions of | ||||||
22 | Section 250; and | ||||||
23 | (U) For taxable years beginning on or after | ||||||
24 | January 1, 2023, for any cannabis establishment | ||||||
25 | operating in this State and licensed under the | ||||||
26 | Cannabis Regulation and Tax Act or any cannabis |
| |||||||
| |||||||
1 | cultivation center or medical cannabis dispensing | ||||||
2 | organization operating in this State and licensed | ||||||
3 | under the Compassionate Use of Medical Cannabis | ||||||
4 | Program Act, an amount equal to the deductions that | ||||||
5 | were disallowed under Section 280E of the Internal | ||||||
6 | Revenue Code for the taxable year and that would not be | ||||||
7 | added back under this subsection. The provisions of | ||||||
8 | this subparagraph (U) are exempt from the provisions | ||||||
9 | of Section 250.
| ||||||
10 | (e) Gross income; adjusted gross income; taxable income. | ||||||
11 | (1) In general. Subject to the provisions of paragraph | ||||||
12 | (2) and subsection (b)(3), for purposes of this Section | ||||||
13 | and Section 803(e), a taxpayer's gross income, adjusted | ||||||
14 | gross income, or taxable income for the taxable year shall | ||||||
15 | mean the amount of gross income, adjusted gross income or | ||||||
16 | taxable income properly reportable for federal income tax | ||||||
17 | purposes for the taxable year under the provisions of the | ||||||
18 | Internal Revenue Code. Taxable income may be less than | ||||||
19 | zero. However, for taxable years ending on or after | ||||||
20 | December 31, 1986, net operating loss carryforwards from | ||||||
21 | taxable years ending prior to December 31, 1986, may not | ||||||
22 | exceed the sum of federal taxable income for the taxable | ||||||
23 | year before net operating loss deduction, plus the excess | ||||||
24 | of addition modifications over subtraction modifications | ||||||
25 | for the taxable year. For taxable years ending prior to |
| |||||||
| |||||||
1 | December 31, 1986, taxable income may never be an amount | ||||||
2 | in excess of the net operating loss for the taxable year as | ||||||
3 | defined in subsections (c) and (d) of Section 172 of the | ||||||
4 | Internal Revenue Code, provided that when taxable income | ||||||
5 | of a corporation (other than a Subchapter S corporation), | ||||||
6 | trust, or estate is less than zero and addition | ||||||
7 | modifications, other than those provided by subparagraph | ||||||
8 | (E) of paragraph (2) of subsection (b) for corporations or | ||||||
9 | subparagraph (E) of paragraph (2) of subsection (c) for | ||||||
10 | trusts and estates, exceed subtraction modifications, an | ||||||
11 | addition modification must be made under those | ||||||
12 | subparagraphs for any other taxable year to which the | ||||||
13 | taxable income less than zero (net operating loss) is | ||||||
14 | applied under Section 172 of the Internal Revenue Code or | ||||||
15 | under subparagraph (E) of paragraph (2) of this subsection | ||||||
16 | (e) applied in conjunction with Section 172 of the | ||||||
17 | Internal Revenue Code. | ||||||
18 | (2) Special rule. For purposes of paragraph (1) of | ||||||
19 | this subsection, the taxable income properly reportable | ||||||
20 | for federal income tax purposes shall mean: | ||||||
21 | (A) Certain life insurance companies. In the case | ||||||
22 | of a life insurance company subject to the tax imposed | ||||||
23 | by Section 801 of the Internal Revenue Code, life | ||||||
24 | insurance company taxable income, plus the amount of | ||||||
25 | distribution from pre-1984 policyholder surplus | ||||||
26 | accounts as calculated under Section 815a of the |
| |||||||
| |||||||
1 | Internal Revenue Code; | ||||||
2 | (B) Certain other insurance companies. In the case | ||||||
3 | of mutual insurance companies subject to the tax | ||||||
4 | imposed by Section 831 of the Internal Revenue Code, | ||||||
5 | insurance company taxable income; | ||||||
6 | (C) Regulated investment companies. In the case of | ||||||
7 | a regulated investment company subject to the tax | ||||||
8 | imposed by Section 852 of the Internal Revenue Code, | ||||||
9 | investment company taxable income; | ||||||
10 | (D) Real estate investment trusts. In the case of | ||||||
11 | a real estate investment trust subject to the tax | ||||||
12 | imposed by Section 857 of the Internal Revenue Code, | ||||||
13 | real estate investment trust taxable income; | ||||||
14 | (E) Consolidated corporations. In the case of a | ||||||
15 | corporation which is a member of an affiliated group | ||||||
16 | of corporations filing a consolidated income tax | ||||||
17 | return for the taxable year for federal income tax | ||||||
18 | purposes, taxable income determined as if such | ||||||
19 | corporation had filed a separate return for federal | ||||||
20 | income tax purposes for the taxable year and each | ||||||
21 | preceding taxable year for which it was a member of an | ||||||
22 | affiliated group. For purposes of this subparagraph, | ||||||
23 | the taxpayer's separate taxable income shall be | ||||||
24 | determined as if the election provided by Section | ||||||
25 | 243(b)(2) of the Internal Revenue Code had been in | ||||||
26 | effect for all such years; |
| |||||||
| |||||||
1 | (F) Cooperatives. In the case of a cooperative | ||||||
2 | corporation or association, the taxable income of such | ||||||
3 | organization determined in accordance with the | ||||||
4 | provisions of Section 1381 through 1388 of the | ||||||
5 | Internal Revenue Code, but without regard to the | ||||||
6 | prohibition against offsetting losses from patronage | ||||||
7 | activities against income from nonpatronage | ||||||
8 | activities; except that a cooperative corporation or | ||||||
9 | association may make an election to follow its federal | ||||||
10 | income tax treatment of patronage losses and | ||||||
11 | nonpatronage losses. In the event such election is | ||||||
12 | made, such losses shall be computed and carried over | ||||||
13 | in a manner consistent with subsection (a) of Section | ||||||
14 | 207 of this Act and apportioned by the apportionment | ||||||
15 | factor reported by the cooperative on its Illinois | ||||||
16 | income tax return filed for the taxable year in which | ||||||
17 | the losses are incurred. The election shall be | ||||||
18 | effective for all taxable years with original returns | ||||||
19 | due on or after the date of the election. In addition, | ||||||
20 | the cooperative may file an amended return or returns, | ||||||
21 | as allowed under this Act, to provide that the | ||||||
22 | election shall be effective for losses incurred or | ||||||
23 | carried forward for taxable years occurring prior to | ||||||
24 | the date of the election. Once made, the election may | ||||||
25 | only be revoked upon approval of the Director. The | ||||||
26 | Department shall adopt rules setting forth |
| |||||||
| |||||||
1 | requirements for documenting the elections and any | ||||||
2 | resulting Illinois net loss and the standards to be | ||||||
3 | used by the Director in evaluating requests to revoke | ||||||
4 | elections. Public Act 96-932 is declaratory of | ||||||
5 | existing law; | ||||||
6 | (G) Subchapter S corporations. In the case of: (i) | ||||||
7 | a Subchapter S corporation for which there is in | ||||||
8 | effect an election for the taxable year under Section | ||||||
9 | 1362 of the Internal Revenue Code, the taxable income | ||||||
10 | of such corporation determined in accordance with | ||||||
11 | Section 1363(b) of the Internal Revenue Code, except | ||||||
12 | that taxable income shall take into account those | ||||||
13 | items which are required by Section 1363(b)(1) of the | ||||||
14 | Internal Revenue Code to be separately stated; and | ||||||
15 | (ii) a Subchapter S corporation for which there is in | ||||||
16 | effect a federal election to opt out of the provisions | ||||||
17 | of the Subchapter S Revision Act of 1982 and have | ||||||
18 | applied instead the prior federal Subchapter S rules | ||||||
19 | as in effect on July 1, 1982, the taxable income of | ||||||
20 | such corporation determined in accordance with the | ||||||
21 | federal Subchapter S rules as in effect on July 1, | ||||||
22 | 1982; and | ||||||
23 | (H) Partnerships. In the case of a partnership, | ||||||
24 | taxable income determined in accordance with Section | ||||||
25 | 703 of the Internal Revenue Code, except that taxable | ||||||
26 | income shall take into account those items which are |
| |||||||
| |||||||
1 | required by Section 703(a)(1) to be separately stated | ||||||
2 | but which would be taken into account by an individual | ||||||
3 | in calculating his taxable income. | ||||||
4 | (3) Recapture of business expenses on disposition of | ||||||
5 | asset or business. Notwithstanding any other law to the | ||||||
6 | contrary, if in prior years income from an asset or | ||||||
7 | business has been classified as business income and in a | ||||||
8 | later year is demonstrated to be non-business income, then | ||||||
9 | all expenses, without limitation, deducted in such later | ||||||
10 | year and in the 2 immediately preceding taxable years | ||||||
11 | related to that asset or business that generated the | ||||||
12 | non-business income shall be added back and recaptured as | ||||||
13 | business income in the year of the disposition of the | ||||||
14 | asset or business. Such amount shall be apportioned to | ||||||
15 | Illinois using the greater of the apportionment fraction | ||||||
16 | computed for the business under Section 304 of this Act | ||||||
17 | for the taxable year or the average of the apportionment | ||||||
18 | fractions computed for the business under Section 304 of | ||||||
19 | this Act for the taxable year and for the 2 immediately | ||||||
20 | preceding taxable years.
| ||||||
21 | (f) Valuation limitation amount. | ||||||
22 | (1) In general. The valuation limitation amount | ||||||
23 | referred to in subsections (a)(2)(G), (c)(2)(I) and | ||||||
24 | (d)(2)(E) is an amount equal to: | ||||||
25 | (A) The sum of the pre-August 1, 1969 appreciation |
| |||||||
| |||||||
1 | amounts (to the extent consisting of gain reportable | ||||||
2 | under the provisions of Section 1245 or 1250 of the | ||||||
3 | Internal Revenue Code) for all property in respect of | ||||||
4 | which such gain was reported for the taxable year; | ||||||
5 | plus | ||||||
6 | (B) The lesser of (i) the sum of the pre-August 1, | ||||||
7 | 1969 appreciation amounts (to the extent consisting of | ||||||
8 | capital gain) for all property in respect of which | ||||||
9 | such gain was reported for federal income tax purposes | ||||||
10 | for the taxable year, or (ii) the net capital gain for | ||||||
11 | the taxable year, reduced in either case by any amount | ||||||
12 | of such gain included in the amount determined under | ||||||
13 | subsection (a)(2)(F) or (c)(2)(H). | ||||||
14 | (2) Pre-August 1, 1969 appreciation amount. | ||||||
15 | (A) If the fair market value of property referred | ||||||
16 | to in paragraph (1) was readily ascertainable on | ||||||
17 | August 1, 1969, the pre-August 1, 1969 appreciation | ||||||
18 | amount for such property is the lesser of (i) the | ||||||
19 | excess of such fair market value over the taxpayer's | ||||||
20 | basis (for determining gain) for such property on that | ||||||
21 | date (determined under the Internal Revenue Code as in | ||||||
22 | effect on that date), or (ii) the total gain realized | ||||||
23 | and reportable for federal income tax purposes in | ||||||
24 | respect of the sale, exchange or other disposition of | ||||||
25 | such property. | ||||||
26 | (B) If the fair market value of property referred |
| |||||||
| |||||||
1 | to in paragraph (1) was not readily ascertainable on | ||||||
2 | August 1, 1969, the pre-August 1, 1969 appreciation | ||||||
3 | amount for such property is that amount which bears | ||||||
4 | the same ratio to the total gain reported in respect of | ||||||
5 | the property for federal income tax purposes for the | ||||||
6 | taxable year, as the number of full calendar months in | ||||||
7 | that part of the taxpayer's holding period for the | ||||||
8 | property ending July 31, 1969 bears to the number of | ||||||
9 | full calendar months in the taxpayer's entire holding | ||||||
10 | period for the property. | ||||||
11 | (C) The Department shall prescribe such | ||||||
12 | regulations as may be necessary to carry out the | ||||||
13 | purposes of this paragraph.
| ||||||
14 | (g) Double deductions. Unless specifically provided | ||||||
15 | otherwise, nothing in this Section shall permit the same item | ||||||
16 | to be deducted more than once.
| ||||||
17 | (h) Legislative intention. Except as expressly provided by | ||||||
18 | this Section there shall be no modifications or limitations on | ||||||
19 | the amounts of income, gain, loss or deduction taken into | ||||||
20 | account in determining gross income, adjusted gross income or | ||||||
21 | taxable income for federal income tax purposes for the taxable | ||||||
22 | year, or in the amount of such items entering into the | ||||||
23 | computation of base income and net income under this Act for | ||||||
24 | such taxable year, whether in respect of property values as of |
| |||||||
| |||||||
1 | August 1, 1969 or otherwise. | ||||||
2 | (Source: P.A. 102-16, eff. 6-17-21; 102-558, eff. 8-20-21; | ||||||
3 | 102-658, eff. 8-27-21; 102-813, eff. 5-13-22; 102-1112, eff. | ||||||
4 | 12-21-22; 103-8, eff. 6-7-23; 103-478, eff. 1-1-24; revised | ||||||
5 | 9-26-23.)
| ||||||
6 | (35 ILCS 5/228) | ||||||
7 | Sec. 228. Historic preservation credit. For tax years | ||||||
8 | beginning on or after January 1, 2019 and ending on or before | ||||||
9 | December 31, 2028, a taxpayer who qualifies for a credit under | ||||||
10 | the Historic Preservation Tax Credit Act is entitled to a | ||||||
11 | credit against the taxes imposed under subsections (a) and (b) | ||||||
12 | of Section 201 of this Act as provided in that Act. For taxable | ||||||
13 | years ending before December 31, 2023, if the taxpayer is a | ||||||
14 | partnership, Subchapter S corporation, or a limited liability | ||||||
15 | company , the credit shall be allowed to the partners, | ||||||
16 | shareholders, or members in accordance with the determination | ||||||
17 | of income and distributive share of income under Sections 702 | ||||||
18 | and 704 and Subchapter S of the Internal Revenue Code provided | ||||||
19 | that credits granted to a partnership, a limited liability | ||||||
20 | company taxed as a partnership, or other multiple owners of | ||||||
21 | property shall be passed through to the partners, members, or | ||||||
22 | owners respectively on a pro rata basis or pursuant to an | ||||||
23 | executed agreement among the partners, members, or owners | ||||||
24 | documenting any alternate distribution method. For taxable | ||||||
25 | years ending on or after December 31, 2023, if the taxpayer is |
| |||||||
| |||||||
1 | a partnership or a Subchapter S corporation, then the | ||||||
2 | provisions of Section 251 apply. If the amount of any tax | ||||||
3 | credit awarded under this Section exceeds the qualified | ||||||
4 | taxpayer's income tax liability for the year in which the | ||||||
5 | qualified rehabilitation plan was placed in service, the | ||||||
6 | excess amount may be carried forward as provided in the | ||||||
7 | Historic Preservation Tax Credit Act. | ||||||
8 | (Source: P.A. 102-741, eff. 5-6-22; 103-9, eff. 6-7-23; | ||||||
9 | 103-396, eff. 1-1-24; revised 12-12-23.)
| ||||||
10 | (35 ILCS 5/237) | ||||||
11 | Sec. 237. REV Illinois Investment Tax credits. | ||||||
12 | (a) For tax years beginning on or after November 16, 2021 | ||||||
13 | ( the effective date of Public Act 102-669) this amendatory Act | ||||||
14 | of the 102nd General Assembly , a taxpayer shall be allowed a | ||||||
15 | credit against the tax imposed by subsections (a) and (b) of | ||||||
16 | Section 201 for investment in qualified property which is | ||||||
17 | placed in service at the site of a REV Illinois Project subject | ||||||
18 | to an agreement between the taxpayer and the Department of | ||||||
19 | Commerce and Economic Opportunity pursuant to the Reimagining | ||||||
20 | Energy and Vehicles in Illinois Act. For taxable years ending | ||||||
21 | before December 31, 2023, for partners, shareholders of | ||||||
22 | Subchapter S corporations, and owners of limited liability | ||||||
23 | companies, if the liability company is treated as a | ||||||
24 | partnership for purposes of federal and State income taxation, | ||||||
25 | there shall be allowed a credit under this Section to be |
| |||||||
| |||||||
1 | determined in accordance with the determination of income and | ||||||
2 | distributive share of income under Sections 702 and 704 and | ||||||
3 | Subchapter S of the Internal Revenue Code. For taxable years | ||||||
4 | ending on or after December 31, 2023, partners and | ||||||
5 | shareholders of subchapter S corporations are entitled to a | ||||||
6 | credit under this Section as provided in Section 251. The | ||||||
7 | credit shall be 0.5% of the basis for such property. The credit | ||||||
8 | shall be available only in the taxable year in which the | ||||||
9 | property is placed in service and shall not be allowed to the | ||||||
10 | extent that it would reduce a taxpayer's liability for the tax | ||||||
11 | imposed by subsections (a) and (b) of Section 201 to below | ||||||
12 | zero. The credit shall be allowed for the tax year in which the | ||||||
13 | property is placed in service, or, if the amount of the credit | ||||||
14 | exceeds the tax liability for that year, whether it exceeds | ||||||
15 | the original liability or the liability as later amended, such | ||||||
16 | excess may be carried forward and applied to the tax liability | ||||||
17 | of the 5 taxable years following the excess credit year. The | ||||||
18 | credit shall be applied to the earliest year for which there is | ||||||
19 | a liability. If there is credit from more than one tax year | ||||||
20 | that is available to offset a liability, the credit accruing | ||||||
21 | first in time shall be applied first. | ||||||
22 | (b) The term qualified property means property which: | ||||||
23 | (1) is tangible, whether new or used, including | ||||||
24 | buildings and structural components of buildings; | ||||||
25 | (2) is depreciable pursuant to Section 167 of the | ||||||
26 | Internal Revenue Code, except that "3-year property" as |
| |||||||
| |||||||
1 | defined in Section 168(c)(2)(A) of that Code is not | ||||||
2 | eligible for the credit provided by this Section; | ||||||
3 | (3) is acquired by purchase as defined in Section | ||||||
4 | 179(d) of the Internal Revenue Code; | ||||||
5 | (4) is used at the site of the REV Illinois Project by | ||||||
6 | the taxpayer; and | ||||||
7 | (5) has not been previously used in Illinois in such a | ||||||
8 | manner and by such a person as would qualify for the credit | ||||||
9 | provided by this Section. | ||||||
10 | (c) The basis of qualified property shall be the basis | ||||||
11 | used to compute the depreciation deduction for federal income | ||||||
12 | tax purposes. | ||||||
13 | (d) If the basis of the property for federal income tax | ||||||
14 | depreciation purposes is increased after it has been placed in | ||||||
15 | service at the site of the REV Illinois Project by the | ||||||
16 | taxpayer, the amount of such increase shall be deemed property | ||||||
17 | placed in service on the date of such increase in basis. | ||||||
18 | (e) The term "placed in service" shall have the same | ||||||
19 | meaning as under Section 46 of the Internal Revenue Code. | ||||||
20 | (f) If during any taxable year, any property ceases to be | ||||||
21 | qualified property in the hands of the taxpayer within 48 | ||||||
22 | months after being placed in service, or the situs of any | ||||||
23 | qualified property is moved from the REV Illinois Project site | ||||||
24 | within 48 months after being placed in service, the tax | ||||||
25 | imposed under subsections (a) and (b) of Section 201 for such | ||||||
26 | taxable year shall be increased. Such increase shall be |
| |||||||
| |||||||
1 | determined by (i) recomputing the investment credit which | ||||||
2 | would have been allowed for the year in which credit for such | ||||||
3 | property was originally allowed by eliminating such property | ||||||
4 | from such computation, and (ii) subtracting such recomputed | ||||||
5 | credit from the amount of credit previously allowed. For the | ||||||
6 | purposes of this subsection (f), a reduction of the basis of | ||||||
7 | qualified property resulting from a redetermination of the | ||||||
8 | purchase price shall be deemed a disposition of qualified | ||||||
9 | property to the extent of such reduction. | ||||||
10 | (Source: P.A. 102-669, eff. 11-16-21; 102-1125, eff. 2-3-23; | ||||||
11 | 103-396, eff. 1-1-24; revised 12-12-23.)
| ||||||
12 | Section 185. The Manufacturing Illinois Chips for Real | ||||||
13 | Opportunity (MICRO) Act is amended by changing Sections 110-30 | ||||||
14 | and 110-40 as follows:
| ||||||
15 | (35 ILCS 45/110-30) | ||||||
16 | Sec. 110-30. Tax credit awards. | ||||||
17 | (a) Subject to the conditions set forth in this Act, a | ||||||
18 | taxpayer is entitled to a credit against the tax imposed | ||||||
19 | pursuant to subsections (a) and (b) of Section 201 of the | ||||||
20 | Illinois Income Tax Act for a taxable year beginning on or | ||||||
21 | after January 1, 2025 if the taxpayer is awarded a credit by | ||||||
22 | the Department in accordance with an agreement under this Act. | ||||||
23 | The Department has authority to award credits under this Act | ||||||
24 | on and after January 1, 2023. |
| |||||||
| |||||||
1 | (b) A taxpayer may receive a tax credit against the tax | ||||||
2 | imposed under subsections (a) and (b) of Section 201 of the | ||||||
3 | Illinois Income Tax Act, not to exceed the sum of (i) 75% of | ||||||
4 | the incremental income tax attributable to new employees at | ||||||
5 | the applicant's project and (ii) 10% of the training costs of | ||||||
6 | the new employees. If the project is located in an underserved | ||||||
7 | area or an energy transition area, then the amount of the | ||||||
8 | credit may not exceed the sum of (i) 100% of the incremental | ||||||
9 | income tax attributable to new employees at the applicant's | ||||||
10 | project; and (ii) 10% of the training costs of the new | ||||||
11 | employees. The percentage of training costs includable in the | ||||||
12 | calculation may be increased by an additional 15% for training | ||||||
13 | costs associated with new employees that are recent (2 years | ||||||
14 | or less) graduates, certificate holders, or credential | ||||||
15 | recipients from an institution of higher education in | ||||||
16 | Illinois, or, if the training is provided by an institution of | ||||||
17 | higher education in Illinois, the Clean Jobs Workforce Network | ||||||
18 | Program, or an apprenticeship and training program located in | ||||||
19 | Illinois and approved by and registered with the United States | ||||||
20 | Department of Labor's Bureau of Apprenticeship and Training. | ||||||
21 | An applicant is also eligible for a training credit that shall | ||||||
22 | not exceed 10% of the training costs of retained employees for | ||||||
23 | the purpose of upskilling to meet the operational needs of the | ||||||
24 | applicant or the project. The percentage of training costs | ||||||
25 | includable in the calculation shall not exceed a total of 25%. | ||||||
26 | If an applicant agrees to hire the required number of new |
| |||||||
| |||||||
1 | employees, then the maximum amount of the credit for that | ||||||
2 | applicant may be increased by an amount not to exceed 75% of | ||||||
3 | the incremental income tax attributable to retained employees | ||||||
4 | at the applicant's project; provided that, in order to receive | ||||||
5 | the increase for retained employees, the applicant must, if | ||||||
6 | applicable, meet or exceed the statewide baseline. If the | ||||||
7 | Project is in an underserved area or an energy transition | ||||||
8 | area, the maximum amount of the credit attributable to | ||||||
9 | retained employees for the applicant may be increased to an | ||||||
10 | amount not to exceed 100% of the incremental income tax | ||||||
11 | attributable to retained employees at the applicant's project; | ||||||
12 | provided that, in order to receive the increase for retained | ||||||
13 | employees, the applicant must meet or exceed the statewide | ||||||
14 | baseline. Credits awarded may include credit earned for | ||||||
15 | incremental income tax withheld and training costs incurred by | ||||||
16 | the taxpayer beginning on or after January 1, 2023. Credits so | ||||||
17 | earned and certified by the Department may be applied against | ||||||
18 | the tax imposed by subsections (a) and (b) of Section 201 of | ||||||
19 | the Illinois Income Tax Act for taxable years beginning on or | ||||||
20 | after January 1, 2025. | ||||||
21 | (c) MICRO Construction Jobs Credit. For construction wages | ||||||
22 | associated with a project that qualified for a credit under | ||||||
23 | subsection (b), the taxpayer may receive a tax credit against | ||||||
24 | the tax imposed under subsections (a) and (b) of Section 201 of | ||||||
25 | the Illinois Income Tax Act in an amount equal to 50% of the | ||||||
26 | incremental income tax attributable to construction wages paid |
| |||||||
| |||||||
1 | in connection with construction of the project facilities, as | ||||||
2 | a jobs credit for workers hired to construct the project. | ||||||
3 | The MICRO Construction Jobs Credit may not exceed 75% of | ||||||
4 | the amount of the incremental income tax attributable to | ||||||
5 | construction wages paid in connection with construction of the | ||||||
6 | project facilities if the project is in an underserved area or | ||||||
7 | an energy transition area. | ||||||
8 | (d) The Department shall certify to the Department of | ||||||
9 | Revenue: (1) the identity of taxpayers that are eligible for | ||||||
10 | the MICRO Credit and MICRO Construction Jobs Credit; (2) the | ||||||
11 | amount of the MICRO Credits and MICRO Construction Jobs | ||||||
12 | Credits awarded in each calendar year; and (3) the amount of | ||||||
13 | the MICRO Credit and MICRO Construction Jobs Credit claimed in | ||||||
14 | each calendar year. MICRO Credits awarded may include credit | ||||||
15 | earned for incremental income tax withheld and training costs | ||||||
16 | incurred by the taxpayer beginning on or after January 1, | ||||||
17 | 2023. Credits so earned and certified by the Department may be | ||||||
18 | applied against the tax imposed by Section 201(a) and (b) of | ||||||
19 | the Illinois Income Tax Act for taxable years beginning on or | ||||||
20 | after January 1, 2025. | ||||||
21 | (e) Applicants seeking certification for a tax credits | ||||||
22 | related to the construction of the project facilities in the | ||||||
23 | State shall require the contractor to enter into a project | ||||||
24 | labor agreement that conforms with the Project Labor | ||||||
25 | Agreements Act. | ||||||
26 | (f) Any applicant issued a certificate for a tax credit or |
| |||||||
| |||||||
1 | tax exemption under this Act must annually report to the | ||||||
2 | Department the total project tax benefits received. Reports | ||||||
3 | are due no later than May 31 of each year and shall cover the | ||||||
4 | previous calendar year. The first report is for the 2023 | ||||||
5 | calendar year and is due no later than May 31, 2023. For | ||||||
6 | applicants issued a certificate of exemption under Section | ||||||
7 | 110-105 of this Act, the report shall be the same as required | ||||||
8 | for a High Impact Business under subsection (a-5) of Section | ||||||
9 | 8.1 of the Illinois Enterprise Zone Act. Each person required | ||||||
10 | to file a return under the Gas Revenue Tax Act, the Electricity | ||||||
11 | Excise Tax Act, or the Telecommunications Excise Tax Act shall | ||||||
12 | file a report on customers issued an exemption certificate | ||||||
13 | under Section 110-95 of this Act in the same manner and form as | ||||||
14 | they are required to report under subsection (b) of Section | ||||||
15 | 8.1 of the Illinois Enterprise Zone Act. | ||||||
16 | (g) Nothing in this Act shall prohibit an award of credit | ||||||
17 | to an applicant that uses a PEO if all other award criteria are | ||||||
18 | satisfied. | ||||||
19 | (h) With respect to any portion of a credit that is based | ||||||
20 | on the incremental income tax attributable to new employees or | ||||||
21 | retained employees, in lieu of the credit allowed under this | ||||||
22 | Act against the taxes imposed pursuant to subsections (a) and | ||||||
23 | (b) of Section 201 of the Illinois Income Tax Act, a taxpayer | ||||||
24 | that otherwise meets the criteria set forth in this Section, | ||||||
25 | the taxpayer may elect to claim the credit, on or after January | ||||||
26 | 1, 2025, against its obligation to pay over withholding under |
| |||||||
| |||||||
1 | Section 704A of the Illinois Income Tax Act. The election | ||||||
2 | shall be made in the manner prescribed by the Department of | ||||||
3 | Revenue and once made shall be irrevocable. | ||||||
4 | (Source: P.A. 102-700, eff. 4-19-22; 102-1125, eff. 2-3-23; | ||||||
5 | revised 4-5-23.)
| ||||||
6 | (35 ILCS 45/110-40) | ||||||
7 | Sec. 110-40. Amount and duration of the credits; | ||||||
8 | limitation to amount of costs of specified items. The | ||||||
9 | Department shall determine the amount and duration of the | ||||||
10 | credit awarded under this Act, subject to the limitations set | ||||||
11 | forth in this Act. For a project that qualified under | ||||||
12 | paragraph (1), (2), or (4) of subsection (c) of Section | ||||||
13 | 110-20, the duration of the credit may not exceed 15 taxable | ||||||
14 | years, with an option to renew the agreement for no more than | ||||||
15 | one term not to exceed an additional 15 taxable years. For a | ||||||
16 | project that qualified under paragraph (3) of subsection (c) | ||||||
17 | of Section 110-20, the duration of the credit may not exceed 10 | ||||||
18 | taxable years, with an option to renew the agreement for no | ||||||
19 | more than one term not to exceed an additional 10 taxable | ||||||
20 | years. The credit may be stated as a percentage of the | ||||||
21 | incremental income tax and training costs attributable to the | ||||||
22 | applicant's project and may include a fixed dollar limitation. | ||||||
23 | Nothing in this Section shall prevent the Department, in | ||||||
24 | consultation with the Department of Revenue, from adopting | ||||||
25 | rules to extend the sunset of any earned, existing, and unused |
| |||||||
| |||||||
1 | tax credit or credits a taxpayer may be in possession of. | ||||||
2 | (Source: P.A. 102-700, eff. 4-19-22; 102-1125, eff. 2-3-23; | ||||||
3 | revised 4-5-23.)
| ||||||
4 | Section 190. The Use Tax Act is amended by changing | ||||||
5 | Section 3-5 as follows:
| ||||||
6 | (35 ILCS 105/3-5) | ||||||
7 | Sec. 3-5. Exemptions. Use of the following tangible | ||||||
8 | personal property is exempt from the tax imposed by this Act: | ||||||
9 | (1) Personal property purchased from a corporation, | ||||||
10 | society, association, foundation, institution, or | ||||||
11 | organization, other than a limited liability company, that is | ||||||
12 | organized and operated as a not-for-profit service enterprise | ||||||
13 | for the benefit of persons 65 years of age or older if the | ||||||
14 | personal property was not purchased by the enterprise for the | ||||||
15 | purpose of resale by the enterprise. | ||||||
16 | (2) Personal property purchased by a not-for-profit | ||||||
17 | Illinois county fair association for use in conducting, | ||||||
18 | operating, or promoting the county fair. | ||||||
19 | (3) Personal property purchased by a not-for-profit arts | ||||||
20 | or cultural organization that establishes, by proof required | ||||||
21 | by the Department by rule, that it has received an exemption | ||||||
22 | under Section 501(c)(3) of the Internal Revenue Code and that | ||||||
23 | is organized and operated primarily for the presentation or | ||||||
24 | support of arts or cultural programming, activities, or |
| |||||||
| |||||||
1 | services. These organizations include, but are not limited to, | ||||||
2 | music and dramatic arts organizations such as symphony | ||||||
3 | orchestras and theatrical groups, arts and cultural service | ||||||
4 | organizations, local arts councils, visual arts organizations, | ||||||
5 | and media arts organizations. On and after July 1, 2001 (the | ||||||
6 | effective date of Public Act 92-35), however, an entity | ||||||
7 | otherwise eligible for this exemption shall not make tax-free | ||||||
8 | purchases unless it has an active identification number issued | ||||||
9 | by the Department. | ||||||
10 | (4) Except as otherwise provided in this Act, personal | ||||||
11 | property purchased by a governmental body, by a corporation, | ||||||
12 | society, association, foundation, or institution organized and | ||||||
13 | operated exclusively for charitable, religious, or educational | ||||||
14 | purposes, or by a not-for-profit corporation, society, | ||||||
15 | association, foundation, institution, or organization that has | ||||||
16 | no compensated officers or employees and that is organized and | ||||||
17 | operated primarily for the recreation of persons 55 years of | ||||||
18 | age or older. A limited liability company may qualify for the | ||||||
19 | exemption under this paragraph only if the limited liability | ||||||
20 | company is organized and operated exclusively for educational | ||||||
21 | purposes. On and after July 1, 1987, however, no entity | ||||||
22 | otherwise eligible for this exemption shall make tax-free | ||||||
23 | purchases unless it has an active exemption identification | ||||||
24 | number issued by the Department. | ||||||
25 | (5) Until July 1, 2003, a passenger car that is a | ||||||
26 | replacement vehicle to the extent that the purchase price of |
| |||||||
| |||||||
1 | the car is subject to the Replacement Vehicle Tax. | ||||||
2 | (6) Until July 1, 2003 and beginning again on September 1, | ||||||
3 | 2004 through August 30, 2014, graphic arts machinery and | ||||||
4 | equipment, including repair and replacement parts, both new | ||||||
5 | and used, and including that manufactured on special order, | ||||||
6 | certified by the purchaser to be used primarily for graphic | ||||||
7 | arts production, and including machinery and equipment | ||||||
8 | purchased for lease. Equipment includes chemicals or chemicals | ||||||
9 | acting as catalysts but only if the chemicals or chemicals | ||||||
10 | acting as catalysts effect a direct and immediate change upon | ||||||
11 | a graphic arts product. Beginning on July 1, 2017, graphic | ||||||
12 | arts machinery and equipment is included in the manufacturing | ||||||
13 | and assembling machinery and equipment exemption under | ||||||
14 | paragraph (18). | ||||||
15 | (7) Farm chemicals. | ||||||
16 | (8) Legal tender, currency, medallions, or gold or silver | ||||||
17 | coinage issued by the State of Illinois, the government of the | ||||||
18 | United States of America, or the government of any foreign | ||||||
19 | country, and bullion. | ||||||
20 | (9) Personal property purchased from a teacher-sponsored | ||||||
21 | student organization affiliated with an elementary or | ||||||
22 | secondary school located in Illinois. | ||||||
23 | (10) A motor vehicle that is used for automobile renting, | ||||||
24 | as defined in the Automobile Renting Occupation and Use Tax | ||||||
25 | Act. | ||||||
26 | (11) Farm machinery and equipment, both new and used, |
| |||||||
| |||||||
1 | including that manufactured on special order, certified by the | ||||||
2 | purchaser to be used primarily for production agriculture or | ||||||
3 | State or federal agricultural programs, including individual | ||||||
4 | replacement parts for the machinery and equipment, including | ||||||
5 | machinery and equipment purchased for lease, and including | ||||||
6 | implements of husbandry defined in Section 1-130 of the | ||||||
7 | Illinois Vehicle Code, farm machinery and agricultural | ||||||
8 | chemical and fertilizer spreaders, and nurse wagons required | ||||||
9 | to be registered under Section 3-809 of the Illinois Vehicle | ||||||
10 | Code, but excluding other motor vehicles required to be | ||||||
11 | registered under the Illinois Vehicle Code. Horticultural | ||||||
12 | polyhouses or hoop houses used for propagating, growing, or | ||||||
13 | overwintering plants shall be considered farm machinery and | ||||||
14 | equipment under this item (11). Agricultural chemical tender | ||||||
15 | tanks and dry boxes shall include units sold separately from a | ||||||
16 | motor vehicle required to be licensed and units sold mounted | ||||||
17 | on a motor vehicle required to be licensed if the selling price | ||||||
18 | of the tender is separately stated. | ||||||
19 | Farm machinery and equipment shall include precision | ||||||
20 | farming equipment that is installed or purchased to be | ||||||
21 | installed on farm machinery and equipment , including, but not | ||||||
22 | limited to, tractors, harvesters, sprayers, planters, seeders, | ||||||
23 | or spreaders. Precision farming equipment includes, but is not | ||||||
24 | limited to, soil testing sensors, computers, monitors, | ||||||
25 | software, global positioning and mapping systems, and other | ||||||
26 | such equipment. |
| |||||||
| |||||||
1 | Farm machinery and equipment also includes computers, | ||||||
2 | sensors, software, and related equipment used primarily in the | ||||||
3 | computer-assisted operation of production agriculture | ||||||
4 | facilities, equipment, and activities such as, but not limited | ||||||
5 | to, the collection, monitoring, and correlation of animal and | ||||||
6 | crop data for the purpose of formulating animal diets and | ||||||
7 | agricultural chemicals. | ||||||
8 | Beginning on January 1, 2024, farm machinery and equipment | ||||||
9 | also includes electrical power generation equipment used | ||||||
10 | primarily for production agriculture. | ||||||
11 | This item (11) is exempt from the provisions of Section | ||||||
12 | 3-90. | ||||||
13 | (12) Until June 30, 2013, fuel and petroleum products sold | ||||||
14 | to or used by an air common carrier, certified by the carrier | ||||||
15 | to be used for consumption, shipment, or storage in the | ||||||
16 | conduct of its business as an air common carrier, for a flight | ||||||
17 | destined for or returning from a location or locations outside | ||||||
18 | the United States without regard to previous or subsequent | ||||||
19 | domestic stopovers. | ||||||
20 | Beginning July 1, 2013, fuel and petroleum products sold | ||||||
21 | to or used by an air carrier, certified by the carrier to be | ||||||
22 | used for consumption, shipment, or storage in the conduct of | ||||||
23 | its business as an air common carrier, for a flight that (i) is | ||||||
24 | engaged in foreign trade or is engaged in trade between the | ||||||
25 | United States and any of its possessions and (ii) transports | ||||||
26 | at least one individual or package for hire from the city of |
| |||||||
| |||||||
1 | origination to the city of final destination on the same | ||||||
2 | aircraft, without regard to a change in the flight number of | ||||||
3 | that aircraft. | ||||||
4 | (13) Proceeds of mandatory service charges separately | ||||||
5 | stated on customers' bills for the purchase and consumption of | ||||||
6 | food and beverages purchased at retail from a retailer, to the | ||||||
7 | extent that the proceeds of the service charge are in fact | ||||||
8 | turned over as tips or as a substitute for tips to the | ||||||
9 | employees who participate directly in preparing, serving, | ||||||
10 | hosting or cleaning up the food or beverage function with | ||||||
11 | respect to which the service charge is imposed. | ||||||
12 | (14) Until July 1, 2003, oil field exploration, drilling, | ||||||
13 | and production equipment, including (i) rigs and parts of | ||||||
14 | rigs, rotary rigs, cable tool rigs, and workover rigs, (ii) | ||||||
15 | pipe and tubular goods, including casing and drill strings, | ||||||
16 | (iii) pumps and pump-jack units, (iv) storage tanks and flow | ||||||
17 | lines, (v) any individual replacement part for oil field | ||||||
18 | exploration, drilling, and production equipment, and (vi) | ||||||
19 | machinery and equipment purchased for lease; but excluding | ||||||
20 | motor vehicles required to be registered under the Illinois | ||||||
21 | Vehicle Code. | ||||||
22 | (15) Photoprocessing machinery and equipment, including | ||||||
23 | repair and replacement parts, both new and used, including | ||||||
24 | that manufactured on special order, certified by the purchaser | ||||||
25 | to be used primarily for photoprocessing, and including | ||||||
26 | photoprocessing machinery and equipment purchased for lease. |
| |||||||
| |||||||
1 | (16) Until July 1, 2028, coal and aggregate exploration, | ||||||
2 | mining, off-highway hauling, processing, maintenance, and | ||||||
3 | reclamation equipment, including replacement parts and | ||||||
4 | equipment, and including equipment purchased for lease, but | ||||||
5 | excluding motor vehicles required to be registered under the | ||||||
6 | Illinois Vehicle Code. The changes made to this Section by | ||||||
7 | Public Act 97-767 apply on and after July 1, 2003, but no claim | ||||||
8 | for credit or refund is allowed on or after August 16, 2013 | ||||||
9 | (the effective date of Public Act 98-456) for such taxes paid | ||||||
10 | during the period beginning July 1, 2003 and ending on August | ||||||
11 | 16, 2013 (the effective date of Public Act 98-456). | ||||||
12 | (17) Until July 1, 2003, distillation machinery and | ||||||
13 | equipment, sold as a unit or kit, assembled or installed by the | ||||||
14 | retailer, certified by the user to be used only for the | ||||||
15 | production of ethyl alcohol that will be used for consumption | ||||||
16 | as motor fuel or as a component of motor fuel for the personal | ||||||
17 | use of the user, and not subject to sale or resale. | ||||||
18 | (18) Manufacturing and assembling machinery and equipment | ||||||
19 | used primarily in the process of manufacturing or assembling | ||||||
20 | tangible personal property for wholesale or retail sale or | ||||||
21 | lease, whether that sale or lease is made directly by the | ||||||
22 | manufacturer or by some other person, whether the materials | ||||||
23 | used in the process are owned by the manufacturer or some other | ||||||
24 | person, or whether that sale or lease is made apart from or as | ||||||
25 | an incident to the seller's engaging in the service occupation | ||||||
26 | of producing machines, tools, dies, jigs, patterns, gauges, or |
| |||||||
| |||||||
1 | other similar items of no commercial value on special order | ||||||
2 | for a particular purchaser. The exemption provided by this | ||||||
3 | paragraph (18) includes production related tangible personal | ||||||
4 | property, as defined in Section 3-50, purchased on or after | ||||||
5 | July 1, 2019. The exemption provided by this paragraph (18) | ||||||
6 | does not include machinery and equipment used in (i) the | ||||||
7 | generation of electricity for wholesale or retail sale; (ii) | ||||||
8 | the generation or treatment of natural or artificial gas for | ||||||
9 | wholesale or retail sale that is delivered to customers | ||||||
10 | through pipes, pipelines, or mains; or (iii) the treatment of | ||||||
11 | water for wholesale or retail sale that is delivered to | ||||||
12 | customers through pipes, pipelines, or mains. The provisions | ||||||
13 | of Public Act 98-583 are declaratory of existing law as to the | ||||||
14 | meaning and scope of this exemption. Beginning on July 1, | ||||||
15 | 2017, the exemption provided by this paragraph (18) includes, | ||||||
16 | but is not limited to, graphic arts machinery and equipment, | ||||||
17 | as defined in paragraph (6) of this Section. | ||||||
18 | (19) Personal property delivered to a purchaser or | ||||||
19 | purchaser's donee inside Illinois when the purchase order for | ||||||
20 | that personal property was received by a florist located | ||||||
21 | outside Illinois who has a florist located inside Illinois | ||||||
22 | deliver the personal property. | ||||||
23 | (20) Semen used for artificial insemination of livestock | ||||||
24 | for direct agricultural production. | ||||||
25 | (21) Horses, or interests in horses, registered with and | ||||||
26 | meeting the requirements of any of the Arabian Horse Club |
| |||||||
| |||||||
1 | Registry of America, Appaloosa Horse Club, American Quarter | ||||||
2 | Horse Association, United States Trotting Association, or | ||||||
3 | Jockey Club, as appropriate, used for purposes of breeding or | ||||||
4 | racing for prizes. This item (21) is exempt from the | ||||||
5 | provisions of Section 3-90, and the exemption provided for | ||||||
6 | under this item (21) applies for all periods beginning May 30, | ||||||
7 | 1995, but no claim for credit or refund is allowed on or after | ||||||
8 | January 1, 2008 for such taxes paid during the period | ||||||
9 | beginning May 30, 2000 and ending on January 1, 2008. | ||||||
10 | (22) Computers and communications equipment utilized for | ||||||
11 | any hospital purpose and equipment used in the diagnosis, | ||||||
12 | analysis, or treatment of hospital patients purchased by a | ||||||
13 | lessor who leases the equipment, under a lease of one year or | ||||||
14 | longer executed or in effect at the time the lessor would | ||||||
15 | otherwise be subject to the tax imposed by this Act, to a | ||||||
16 | hospital that has been issued an active tax exemption | ||||||
17 | identification number by the Department under Section 1g of | ||||||
18 | the Retailers' Occupation Tax Act. If the equipment is leased | ||||||
19 | in a manner that does not qualify for this exemption or is used | ||||||
20 | in any other non-exempt manner, the lessor shall be liable for | ||||||
21 | the tax imposed under this Act or the Service Use Tax Act, as | ||||||
22 | the case may be, based on the fair market value of the property | ||||||
23 | at the time the non-qualifying use occurs. No lessor shall | ||||||
24 | collect or attempt to collect an amount (however designated) | ||||||
25 | that purports to reimburse that lessor for the tax imposed by | ||||||
26 | this Act or the Service Use Tax Act, as the case may be, if the |
| |||||||
| |||||||
1 | tax has not been paid by the lessor. If a lessor improperly | ||||||
2 | collects any such amount from the lessee, the lessee shall | ||||||
3 | have a legal right to claim a refund of that amount from the | ||||||
4 | lessor. If, however, that amount is not refunded to the lessee | ||||||
5 | for any reason, the lessor is liable to pay that amount to the | ||||||
6 | Department. | ||||||
7 | (23) Personal property purchased by a lessor who leases | ||||||
8 | the property, under a lease of one year or longer executed or | ||||||
9 | in effect at the time the lessor would otherwise be subject to | ||||||
10 | the tax imposed by this Act, to a governmental body that has | ||||||
11 | been issued an active sales tax exemption identification | ||||||
12 | number by the Department under Section 1g of the Retailers' | ||||||
13 | Occupation Tax Act. If the property is leased in a manner that | ||||||
14 | does not qualify for this exemption or used in any other | ||||||
15 | non-exempt manner, the lessor shall be liable for the tax | ||||||
16 | imposed under this Act or the Service Use Tax Act, as the case | ||||||
17 | may be, based on the fair market value of the property at the | ||||||
18 | time the non-qualifying use occurs. No lessor shall collect or | ||||||
19 | attempt to collect an amount (however designated) that | ||||||
20 | purports to reimburse that lessor for the tax imposed by this | ||||||
21 | Act or the Service Use Tax Act, as the case may be, if the tax | ||||||
22 | has not been paid by the lessor. If a lessor improperly | ||||||
23 | collects any such amount from the lessee, the lessee shall | ||||||
24 | have a legal right to claim a refund of that amount from the | ||||||
25 | lessor. If, however, that amount is not refunded to the lessee | ||||||
26 | for any reason, the lessor is liable to pay that amount to the |
| |||||||
| |||||||
1 | Department. | ||||||
2 | (24) Beginning with taxable years ending on or after | ||||||
3 | December 31, 1995 and ending with taxable years ending on or | ||||||
4 | before December 31, 2004, personal property that is donated | ||||||
5 | for disaster relief to be used in a State or federally declared | ||||||
6 | disaster area in Illinois or bordering Illinois by a | ||||||
7 | manufacturer or retailer that is registered in this State to a | ||||||
8 | corporation, society, association, foundation, or institution | ||||||
9 | that has been issued a sales tax exemption identification | ||||||
10 | number by the Department that assists victims of the disaster | ||||||
11 | who reside within the declared disaster area. | ||||||
12 | (25) Beginning with taxable years ending on or after | ||||||
13 | December 31, 1995 and ending with taxable years ending on or | ||||||
14 | before December 31, 2004, personal property that is used in | ||||||
15 | the performance of infrastructure repairs in this State, | ||||||
16 | including , but not limited to , municipal roads and streets, | ||||||
17 | access roads, bridges, sidewalks, waste disposal systems, | ||||||
18 | water and sewer line extensions, water distribution and | ||||||
19 | purification facilities, storm water drainage and retention | ||||||
20 | facilities, and sewage treatment facilities, resulting from a | ||||||
21 | State or federally declared disaster in Illinois or bordering | ||||||
22 | Illinois when such repairs are initiated on facilities located | ||||||
23 | in the declared disaster area within 6 months after the | ||||||
24 | disaster. | ||||||
25 | (26) Beginning July 1, 1999, game or game birds purchased | ||||||
26 | at a "game breeding and hunting preserve area" as that term is |
| |||||||
| |||||||
1 | used in the Wildlife Code. This paragraph is exempt from the | ||||||
2 | provisions of Section 3-90. | ||||||
3 | (27) A motor vehicle, as that term is defined in Section | ||||||
4 | 1-146 of the Illinois Vehicle Code, that is donated to a | ||||||
5 | corporation, limited liability company, society, association, | ||||||
6 | foundation, or institution that is determined by the | ||||||
7 | Department to be organized and operated exclusively for | ||||||
8 | educational purposes. For purposes of this exemption, "a | ||||||
9 | corporation, limited liability company, society, association, | ||||||
10 | foundation, or institution organized and operated exclusively | ||||||
11 | for educational purposes" means all tax-supported public | ||||||
12 | schools, private schools that offer systematic instruction in | ||||||
13 | useful branches of learning by methods common to public | ||||||
14 | schools and that compare favorably in their scope and | ||||||
15 | intensity with the course of study presented in tax-supported | ||||||
16 | schools, and vocational or technical schools or institutes | ||||||
17 | organized and operated exclusively to provide a course of | ||||||
18 | study of not less than 6 weeks duration and designed to prepare | ||||||
19 | individuals to follow a trade or to pursue a manual, | ||||||
20 | technical, mechanical, industrial, business, or commercial | ||||||
21 | occupation. | ||||||
22 | (28) Beginning January 1, 2000, personal property, | ||||||
23 | including food, purchased through fundraising events for the | ||||||
24 | benefit of a public or private elementary or secondary school, | ||||||
25 | a group of those schools, or one or more school districts if | ||||||
26 | the events are sponsored by an entity recognized by the school |
| |||||||
| |||||||
1 | district that consists primarily of volunteers and includes | ||||||
2 | parents and teachers of the school children. This paragraph | ||||||
3 | does not apply to fundraising events (i) for the benefit of | ||||||
4 | private home instruction or (ii) for which the fundraising | ||||||
5 | entity purchases the personal property sold at the events from | ||||||
6 | another individual or entity that sold the property for the | ||||||
7 | purpose of resale by the fundraising entity and that profits | ||||||
8 | from the sale to the fundraising entity. This paragraph is | ||||||
9 | exempt from the provisions of Section 3-90. | ||||||
10 | (29) Beginning January 1, 2000 and through December 31, | ||||||
11 | 2001, new or used automatic vending machines that prepare and | ||||||
12 | serve hot food and beverages, including coffee, soup, and | ||||||
13 | other items, and replacement parts for these machines. | ||||||
14 | Beginning January 1, 2002 and through June 30, 2003, machines | ||||||
15 | and parts for machines used in commercial, coin-operated | ||||||
16 | amusement and vending business if a use or occupation tax is | ||||||
17 | paid on the gross receipts derived from the use of the | ||||||
18 | commercial, coin-operated amusement and vending machines. This | ||||||
19 | paragraph is exempt from the provisions of Section 3-90. | ||||||
20 | (30) Beginning January 1, 2001 and through June 30, 2016, | ||||||
21 | food for human consumption that is to be consumed off the | ||||||
22 | premises where it is sold (other than alcoholic beverages, | ||||||
23 | soft drinks, and food that has been prepared for immediate | ||||||
24 | consumption) and prescription and nonprescription medicines, | ||||||
25 | drugs, medical appliances, and insulin, urine testing | ||||||
26 | materials, syringes, and needles used by diabetics, for human |
| |||||||
| |||||||
1 | use, when purchased for use by a person receiving medical | ||||||
2 | assistance under Article V of the Illinois Public Aid Code who | ||||||
3 | resides in a licensed long-term care facility, as defined in | ||||||
4 | the Nursing Home Care Act, or in a licensed facility as defined | ||||||
5 | in the ID/DD Community Care Act, the MC/DD Act, or the | ||||||
6 | Specialized Mental Health Rehabilitation Act of 2013. | ||||||
7 | (31) Beginning on August 2, 2001 (the effective date of | ||||||
8 | Public Act 92-227), computers and communications equipment | ||||||
9 | utilized for any hospital purpose and equipment used in the | ||||||
10 | diagnosis, analysis, or treatment of hospital patients | ||||||
11 | purchased by a lessor who leases the equipment, under a lease | ||||||
12 | of one year or longer executed or in effect at the time the | ||||||
13 | lessor would otherwise be subject to the tax imposed by this | ||||||
14 | Act, to a hospital that has been issued an active tax exemption | ||||||
15 | identification number by the Department under Section 1g of | ||||||
16 | the Retailers' Occupation Tax Act. If the equipment is leased | ||||||
17 | in a manner that does not qualify for this exemption or is used | ||||||
18 | in any other nonexempt manner, the lessor shall be liable for | ||||||
19 | the tax imposed under this Act or the Service Use Tax Act, as | ||||||
20 | the case may be, based on the fair market value of the property | ||||||
21 | at the time the nonqualifying use occurs. No lessor shall | ||||||
22 | collect or attempt to collect an amount (however designated) | ||||||
23 | that purports to reimburse that lessor for the tax imposed by | ||||||
24 | this Act or the Service Use Tax Act, as the case may be, if the | ||||||
25 | tax has not been paid by the lessor. If a lessor improperly | ||||||
26 | collects any such amount from the lessee, the lessee shall |
| |||||||
| |||||||
1 | have a legal right to claim a refund of that amount from the | ||||||
2 | lessor. If, however, that amount is not refunded to the lessee | ||||||
3 | for any reason, the lessor is liable to pay that amount to the | ||||||
4 | Department. This paragraph is exempt from the provisions of | ||||||
5 | Section 3-90. | ||||||
6 | (32) Beginning on August 2, 2001 (the effective date of | ||||||
7 | Public Act 92-227), personal property purchased by a lessor | ||||||
8 | who leases the property, under a lease of one year or longer | ||||||
9 | executed or in effect at the time the lessor would otherwise be | ||||||
10 | subject to the tax imposed by this Act, to a governmental body | ||||||
11 | that has been issued an active sales tax exemption | ||||||
12 | identification number by the Department under Section 1g of | ||||||
13 | the Retailers' Occupation Tax Act. If the property is leased | ||||||
14 | in a manner that does not qualify for this exemption or used in | ||||||
15 | any other nonexempt manner, the lessor shall be liable for the | ||||||
16 | tax imposed under this Act or the Service Use Tax Act, as the | ||||||
17 | case may be, based on the fair market value of the property at | ||||||
18 | the time the nonqualifying use occurs. No lessor shall collect | ||||||
19 | or attempt to collect an amount (however designated) that | ||||||
20 | purports to reimburse that lessor for the tax imposed by this | ||||||
21 | Act or the Service Use Tax Act, as the case may be, if the tax | ||||||
22 | has not been paid by the lessor. If a lessor improperly | ||||||
23 | collects any such amount from the lessee, the lessee shall | ||||||
24 | have a legal right to claim a refund of that amount from the | ||||||
25 | lessor. If, however, that amount is not refunded to the lessee | ||||||
26 | for any reason, the lessor is liable to pay that amount to the |
| |||||||
| |||||||
1 | Department. This paragraph is exempt from the provisions of | ||||||
2 | Section 3-90. | ||||||
3 | (33) On and after July 1, 2003 and through June 30, 2004, | ||||||
4 | the use in this State of motor vehicles of the second division | ||||||
5 | with a gross vehicle weight in excess of 8,000 pounds and that | ||||||
6 | are subject to the commercial distribution fee imposed under | ||||||
7 | Section 3-815.1 of the Illinois Vehicle Code. Beginning on | ||||||
8 | July 1, 2004 and through June 30, 2005, the use in this State | ||||||
9 | of motor vehicles of the second division: (i) with a gross | ||||||
10 | vehicle weight rating in excess of 8,000 pounds; (ii) that are | ||||||
11 | subject to the commercial distribution fee imposed under | ||||||
12 | Section 3-815.1 of the Illinois Vehicle Code; and (iii) that | ||||||
13 | are primarily used for commercial purposes. Through June 30, | ||||||
14 | 2005, this exemption applies to repair and replacement parts | ||||||
15 | added after the initial purchase of such a motor vehicle if | ||||||
16 | that motor vehicle is used in a manner that would qualify for | ||||||
17 | the rolling stock exemption otherwise provided for in this | ||||||
18 | Act. For purposes of this paragraph, the term "used for | ||||||
19 | commercial purposes" means the transportation of persons or | ||||||
20 | property in furtherance of any commercial or industrial | ||||||
21 | enterprise, whether for-hire or not. | ||||||
22 | (34) Beginning January 1, 2008, tangible personal property | ||||||
23 | used in the construction or maintenance of a community water | ||||||
24 | supply, as defined under Section 3.145 of the Environmental | ||||||
25 | Protection Act, that is operated by a not-for-profit | ||||||
26 | corporation that holds a valid water supply permit issued |
| |||||||
| |||||||
1 | under Title IV of the Environmental Protection Act. This | ||||||
2 | paragraph is exempt from the provisions of Section 3-90. | ||||||
3 | (35) Beginning January 1, 2010 and continuing through | ||||||
4 | December 31, 2029, materials, parts, equipment, components, | ||||||
5 | and furnishings incorporated into or upon an aircraft as part | ||||||
6 | of the modification, refurbishment, completion, replacement, | ||||||
7 | repair, or maintenance of the aircraft. This exemption | ||||||
8 | includes consumable supplies used in the modification, | ||||||
9 | refurbishment, completion, replacement, repair, and | ||||||
10 | maintenance of aircraft. However, until January 1, 2024, this | ||||||
11 | exemption excludes any materials, parts, equipment, | ||||||
12 | components, and consumable supplies used in the modification, | ||||||
13 | replacement, repair, and maintenance of aircraft engines or | ||||||
14 | power plants, whether such engines or power plants are | ||||||
15 | installed or uninstalled upon any such aircraft. "Consumable | ||||||
16 | supplies" include, but are not limited to, adhesive, tape, | ||||||
17 | sandpaper, general purpose lubricants, cleaning solution, | ||||||
18 | latex gloves, and protective films. | ||||||
19 | Beginning January 1, 2010 and continuing through December | ||||||
20 | 31, 2023, this exemption applies only to the use of qualifying | ||||||
21 | tangible personal property by persons who modify, refurbish, | ||||||
22 | complete, repair, replace, or maintain aircraft and who (i) | ||||||
23 | hold an Air Agency Certificate and are empowered to operate an | ||||||
24 | approved repair station by the Federal Aviation | ||||||
25 | Administration, (ii) have a Class IV Rating, and (iii) conduct | ||||||
26 | operations in accordance with Part 145 of the Federal Aviation |
| |||||||
| |||||||
1 | Regulations. From January 1, 2024 through December 31, 2029, | ||||||
2 | this exemption applies only to the use of qualifying tangible | ||||||
3 | personal property by: (A) persons who modify, refurbish, | ||||||
4 | complete, repair, replace, or maintain aircraft and who (i) | ||||||
5 | hold an Air Agency Certificate and are empowered to operate an | ||||||
6 | approved repair station by the Federal Aviation | ||||||
7 | Administration, (ii) have a Class IV Rating, and (iii) conduct | ||||||
8 | operations in accordance with Part 145 of the Federal Aviation | ||||||
9 | Regulations; and (B) persons who engage in the modification, | ||||||
10 | replacement, repair, and maintenance of aircraft engines or | ||||||
11 | power plants without regard to whether or not those persons | ||||||
12 | meet the qualifications of item (A). | ||||||
13 | The exemption does not include aircraft operated by a | ||||||
14 | commercial air carrier providing scheduled passenger air | ||||||
15 | service pursuant to authority issued under Part 121 or Part | ||||||
16 | 129 of the Federal Aviation Regulations. The changes made to | ||||||
17 | this paragraph (35) by Public Act 98-534 are declarative of | ||||||
18 | existing law. It is the intent of the General Assembly that the | ||||||
19 | exemption under this paragraph (35) applies continuously from | ||||||
20 | January 1, 2010 through December 31, 2024; however, no claim | ||||||
21 | for credit or refund is allowed for taxes paid as a result of | ||||||
22 | the disallowance of this exemption on or after January 1, 2015 | ||||||
23 | and prior to February 5, 2020 (the effective date of Public Act | ||||||
24 | 101-629). | ||||||
25 | (36) Tangible personal property purchased by a | ||||||
26 | public-facilities corporation, as described in Section |
| |||||||
| |||||||
1 | 11-65-10 of the Illinois Municipal Code, for purposes of | ||||||
2 | constructing or furnishing a municipal convention hall, but | ||||||
3 | only if the legal title to the municipal convention hall is | ||||||
4 | transferred to the municipality without any further | ||||||
5 | consideration by or on behalf of the municipality at the time | ||||||
6 | of the completion of the municipal convention hall or upon the | ||||||
7 | retirement or redemption of any bonds or other debt | ||||||
8 | instruments issued by the public-facilities corporation in | ||||||
9 | connection with the development of the municipal convention | ||||||
10 | hall. This exemption includes existing public-facilities | ||||||
11 | corporations as provided in Section 11-65-25 of the Illinois | ||||||
12 | Municipal Code. This paragraph is exempt from the provisions | ||||||
13 | of Section 3-90. | ||||||
14 | (37) Beginning January 1, 2017 and through December 31, | ||||||
15 | 2026, menstrual pads, tampons, and menstrual cups. | ||||||
16 | (38) Merchandise that is subject to the Rental Purchase | ||||||
17 | Agreement Occupation and Use Tax. The purchaser must certify | ||||||
18 | that the item is purchased to be rented subject to a | ||||||
19 | rental-purchase rental purchase agreement, as defined in the | ||||||
20 | Rental-Purchase Rental Purchase Agreement Act, and provide | ||||||
21 | proof of registration under the Rental Purchase Agreement | ||||||
22 | Occupation and Use Tax Act. This paragraph is exempt from the | ||||||
23 | provisions of Section 3-90. | ||||||
24 | (39) Tangible personal property purchased by a purchaser | ||||||
25 | who is exempt from the tax imposed by this Act by operation of | ||||||
26 | federal law. This paragraph is exempt from the provisions of |
| |||||||
| |||||||
1 | Section 3-90. | ||||||
2 | (40) Qualified tangible personal property used in the | ||||||
3 | construction or operation of a data center that has been | ||||||
4 | granted a certificate of exemption by the Department of | ||||||
5 | Commerce and Economic Opportunity, whether that tangible | ||||||
6 | personal property is purchased by the owner, operator, or | ||||||
7 | tenant of the data center or by a contractor or subcontractor | ||||||
8 | of the owner, operator, or tenant. Data centers that would | ||||||
9 | have qualified for a certificate of exemption prior to January | ||||||
10 | 1, 2020 had Public Act 101-31 been in effect may apply for and | ||||||
11 | obtain an exemption for subsequent purchases of computer | ||||||
12 | equipment or enabling software purchased or leased to upgrade, | ||||||
13 | supplement, or replace computer equipment or enabling software | ||||||
14 | purchased or leased in the original investment that would have | ||||||
15 | qualified. | ||||||
16 | The Department of Commerce and Economic Opportunity shall | ||||||
17 | grant a certificate of exemption under this item (40) to | ||||||
18 | qualified data centers as defined by Section 605-1025 of the | ||||||
19 | Department of Commerce and Economic Opportunity Law of the | ||||||
20 | Civil Administrative Code of Illinois. | ||||||
21 | For the purposes of this item (40): | ||||||
22 | "Data center" means a building or a series of | ||||||
23 | buildings rehabilitated or constructed to house working | ||||||
24 | servers in one physical location or multiple sites within | ||||||
25 | the State of Illinois. | ||||||
26 | "Qualified tangible personal property" means: |
| |||||||
| |||||||
1 | electrical systems and equipment; climate control and | ||||||
2 | chilling equipment and systems; mechanical systems and | ||||||
3 | equipment; monitoring and secure systems; emergency | ||||||
4 | generators; hardware; computers; servers; data storage | ||||||
5 | devices; network connectivity equipment; racks; cabinets; | ||||||
6 | telecommunications cabling infrastructure; raised floor | ||||||
7 | systems; peripheral components or systems; software; | ||||||
8 | mechanical, electrical, or plumbing systems; battery | ||||||
9 | systems; cooling systems and towers; temperature control | ||||||
10 | systems; other cabling; and other data center | ||||||
11 | infrastructure equipment and systems necessary to operate | ||||||
12 | qualified tangible personal property, including fixtures; | ||||||
13 | and component parts of any of the foregoing, including | ||||||
14 | installation, maintenance, repair, refurbishment, and | ||||||
15 | replacement of qualified tangible personal property to | ||||||
16 | generate, transform, transmit, distribute, or manage | ||||||
17 | electricity necessary to operate qualified tangible | ||||||
18 | personal property; and all other tangible personal | ||||||
19 | property that is essential to the operations of a computer | ||||||
20 | data center. The term "qualified tangible personal | ||||||
21 | property" also includes building materials physically | ||||||
22 | incorporated into in to the qualifying data center. To | ||||||
23 | document the exemption allowed under this Section, the | ||||||
24 | retailer must obtain from the purchaser a copy of the | ||||||
25 | certificate of eligibility issued by the Department of | ||||||
26 | Commerce and Economic Opportunity. |
| |||||||
| |||||||
1 | This item (40) is exempt from the provisions of Section | ||||||
2 | 3-90. | ||||||
3 | (41) Beginning July 1, 2022, breast pumps, breast pump | ||||||
4 | collection and storage supplies, and breast pump kits. This | ||||||
5 | item (41) is exempt from the provisions of Section 3-90. As | ||||||
6 | used in this item (41): | ||||||
7 | "Breast pump" means an electrically controlled or | ||||||
8 | manually controlled pump device designed or marketed to be | ||||||
9 | used to express milk from a human breast during lactation, | ||||||
10 | including the pump device and any battery, AC adapter, or | ||||||
11 | other power supply unit that is used to power the pump | ||||||
12 | device and is packaged and sold with the pump device at the | ||||||
13 | time of sale. | ||||||
14 | "Breast pump collection and storage supplies" means | ||||||
15 | items of tangible personal property designed or marketed | ||||||
16 | to be used in conjunction with a breast pump to collect | ||||||
17 | milk expressed from a human breast and to store collected | ||||||
18 | milk until it is ready for consumption. | ||||||
19 | "Breast pump collection and storage supplies" | ||||||
20 | includes, but is not limited to: breast shields and breast | ||||||
21 | shield connectors; breast pump tubes and tubing adapters; | ||||||
22 | breast pump valves and membranes; backflow protectors and | ||||||
23 | backflow protector adaptors; bottles and bottle caps | ||||||
24 | specific to the operation of the breast pump; and breast | ||||||
25 | milk storage bags. | ||||||
26 | "Breast pump collection and storage supplies" does not |
| |||||||
| |||||||
1 | include: (1) bottles and bottle caps not specific to the | ||||||
2 | operation of the breast pump; (2) breast pump travel bags | ||||||
3 | and other similar carrying accessories, including ice | ||||||
4 | packs, labels, and other similar products; (3) breast pump | ||||||
5 | cleaning supplies; (4) nursing bras, bra pads, breast | ||||||
6 | shells, and other similar products; and (5) creams, | ||||||
7 | ointments, and other similar products that relieve | ||||||
8 | breastfeeding-related symptoms or conditions of the | ||||||
9 | breasts or nipples, unless sold as part of a breast pump | ||||||
10 | kit that is pre-packaged by the breast pump manufacturer | ||||||
11 | or distributor. | ||||||
12 | "Breast pump kit" means a kit that: (1) contains no | ||||||
13 | more than a breast pump, breast pump collection and | ||||||
14 | storage supplies, a rechargeable battery for operating the | ||||||
15 | breast pump, a breastmilk cooler, bottle stands, ice | ||||||
16 | packs, and a breast pump carrying case; and (2) is | ||||||
17 | pre-packaged as a breast pump kit by the breast pump | ||||||
18 | manufacturer or distributor. | ||||||
19 | (42) Tangible personal property sold by or on behalf of | ||||||
20 | the State Treasurer pursuant to the Revised Uniform Unclaimed | ||||||
21 | Property Act. This item (42) is exempt from the provisions of | ||||||
22 | Section 3-90. | ||||||
23 | (43) Beginning on January 1, 2024, tangible personal | ||||||
24 | property purchased by an active duty member of the armed | ||||||
25 | forces of the United States who presents valid military | ||||||
26 | identification and purchases the property using a form of |
| |||||||
| |||||||
1 | payment where the federal government is the payor. The member | ||||||
2 | of the armed forces must complete, at the point of sale, a form | ||||||
3 | prescribed by the Department of Revenue documenting that the | ||||||
4 | transaction is eligible for the exemption under this | ||||||
5 | paragraph. Retailers must keep the form as documentation of | ||||||
6 | the exemption in their records for a period of not less than 6 | ||||||
7 | years. "Armed forces of the United States" means the United | ||||||
8 | States Army, Navy, Air Force, Marine Corps, or Coast Guard. | ||||||
9 | This paragraph is exempt from the provisions of Section 3-90. | ||||||
10 | (Source: P.A. 102-16, eff. 6-17-21; 102-700, Article 70, | ||||||
11 | Section 70-5, eff. 4-19-22; 102-700, Article 75, Section 75-5, | ||||||
12 | eff. 4-19-22; 102-1026, eff. 5-27-22; 103-9, Article 5, | ||||||
13 | Section 5-5, eff. 6-7-23; 103-9, Article 15, Section 15-5, | ||||||
14 | eff. 6-7-23; 103-154, eff. 6-30-23; 103-384, eff. 1-1-24; | ||||||
15 | revised 12-12-23.)
| ||||||
16 | Section 195. The Service Use Tax Act is amended by | ||||||
17 | changing Section 3-5 as follows:
| ||||||
18 | (35 ILCS 110/3-5) | ||||||
19 | Sec. 3-5. Exemptions. Use of the following tangible | ||||||
20 | personal property is exempt from the tax imposed by this Act: | ||||||
21 | (1) Personal property purchased from a corporation, | ||||||
22 | society, association, foundation, institution, or | ||||||
23 | organization, other than a limited liability company, that is | ||||||
24 | organized and operated as a not-for-profit service enterprise |
| |||||||
| |||||||
1 | for the benefit of persons 65 years of age or older if the | ||||||
2 | personal property was not purchased by the enterprise for the | ||||||
3 | purpose of resale by the enterprise. | ||||||
4 | (2) Personal property purchased by a non-profit Illinois | ||||||
5 | county fair association for use in conducting, operating, or | ||||||
6 | promoting the county fair. | ||||||
7 | (3) Personal property purchased by a not-for-profit arts | ||||||
8 | or cultural organization that establishes, by proof required | ||||||
9 | by the Department by rule, that it has received an exemption | ||||||
10 | under Section 501(c)(3) of the Internal Revenue Code and that | ||||||
11 | is organized and operated primarily for the presentation or | ||||||
12 | support of arts or cultural programming, activities, or | ||||||
13 | services. These organizations include, but are not limited to, | ||||||
14 | music and dramatic arts organizations such as symphony | ||||||
15 | orchestras and theatrical groups, arts and cultural service | ||||||
16 | organizations, local arts councils, visual arts organizations, | ||||||
17 | and media arts organizations. On and after July 1, 2001 (the | ||||||
18 | effective date of Public Act 92-35), however, an entity | ||||||
19 | otherwise eligible for this exemption shall not make tax-free | ||||||
20 | purchases unless it has an active identification number issued | ||||||
21 | by the Department. | ||||||
22 | (4) Legal tender, currency, medallions, or gold or silver | ||||||
23 | coinage issued by the State of Illinois, the government of the | ||||||
24 | United States of America, or the government of any foreign | ||||||
25 | country, and bullion. | ||||||
26 | (5) Until July 1, 2003 and beginning again on September 1, |
| |||||||
| |||||||
1 | 2004 through August 30, 2014, graphic arts machinery and | ||||||
2 | equipment, including repair and replacement parts, both new | ||||||
3 | and used, and including that manufactured on special order or | ||||||
4 | purchased for lease, certified by the purchaser to be used | ||||||
5 | primarily for graphic arts production. Equipment includes | ||||||
6 | chemicals or chemicals acting as catalysts but only if the | ||||||
7 | chemicals or chemicals acting as catalysts effect a direct and | ||||||
8 | immediate change upon a graphic arts product. Beginning on | ||||||
9 | July 1, 2017, graphic arts machinery and equipment is included | ||||||
10 | in the manufacturing and assembling machinery and equipment | ||||||
11 | exemption under Section 2 of this Act. | ||||||
12 | (6) Personal property purchased from a teacher-sponsored | ||||||
13 | student organization affiliated with an elementary or | ||||||
14 | secondary school located in Illinois. | ||||||
15 | (7) Farm machinery and equipment, both new and used, | ||||||
16 | including that manufactured on special order, certified by the | ||||||
17 | purchaser to be used primarily for production agriculture or | ||||||
18 | State or federal agricultural programs, including individual | ||||||
19 | replacement parts for the machinery and equipment, including | ||||||
20 | machinery and equipment purchased for lease, and including | ||||||
21 | implements of husbandry defined in Section 1-130 of the | ||||||
22 | Illinois Vehicle Code, farm machinery and agricultural | ||||||
23 | chemical and fertilizer spreaders, and nurse wagons required | ||||||
24 | to be registered under Section 3-809 of the Illinois Vehicle | ||||||
25 | Code, but excluding other motor vehicles required to be | ||||||
26 | registered under the Illinois Vehicle Code. Horticultural |
| |||||||
| |||||||
1 | polyhouses or hoop houses used for propagating, growing, or | ||||||
2 | overwintering plants shall be considered farm machinery and | ||||||
3 | equipment under this item (7). Agricultural chemical tender | ||||||
4 | tanks and dry boxes shall include units sold separately from a | ||||||
5 | motor vehicle required to be licensed and units sold mounted | ||||||
6 | on a motor vehicle required to be licensed if the selling price | ||||||
7 | of the tender is separately stated. | ||||||
8 | Farm machinery and equipment shall include precision | ||||||
9 | farming equipment that is installed or purchased to be | ||||||
10 | installed on farm machinery and equipment , including, but not | ||||||
11 | limited to, tractors, harvesters, sprayers, planters, seeders, | ||||||
12 | or spreaders. Precision farming equipment includes, but is not | ||||||
13 | limited to, soil testing sensors, computers, monitors, | ||||||
14 | software, global positioning and mapping systems, and other | ||||||
15 | such equipment. | ||||||
16 | Farm machinery and equipment also includes computers, | ||||||
17 | sensors, software, and related equipment used primarily in the | ||||||
18 | computer-assisted operation of production agriculture | ||||||
19 | facilities, equipment, and activities such as, but not limited | ||||||
20 | to, the collection, monitoring, and correlation of animal and | ||||||
21 | crop data for the purpose of formulating animal diets and | ||||||
22 | agricultural chemicals. | ||||||
23 | Beginning on January 1, 2024, farm machinery and equipment | ||||||
24 | also includes electrical power generation equipment used | ||||||
25 | primarily for production agriculture. | ||||||
26 | This item (7) is exempt from the provisions of Section |
| |||||||
| |||||||
1 | 3-75. | ||||||
2 | (8) Until June 30, 2013, fuel and petroleum products sold | ||||||
3 | to or used by an air common carrier, certified by the carrier | ||||||
4 | to be used for consumption, shipment, or storage in the | ||||||
5 | conduct of its business as an air common carrier, for a flight | ||||||
6 | destined for or returning from a location or locations outside | ||||||
7 | the United States without regard to previous or subsequent | ||||||
8 | domestic stopovers. | ||||||
9 | Beginning July 1, 2013, fuel and petroleum products sold | ||||||
10 | to or used by an air carrier, certified by the carrier to be | ||||||
11 | used for consumption, shipment, or storage in the conduct of | ||||||
12 | its business as an air common carrier, for a flight that (i) is | ||||||
13 | engaged in foreign trade or is engaged in trade between the | ||||||
14 | United States and any of its possessions and (ii) transports | ||||||
15 | at least one individual or package for hire from the city of | ||||||
16 | origination to the city of final destination on the same | ||||||
17 | aircraft, without regard to a change in the flight number of | ||||||
18 | that aircraft. | ||||||
19 | (9) Proceeds of mandatory service charges separately | ||||||
20 | stated on customers' bills for the purchase and consumption of | ||||||
21 | food and beverages acquired as an incident to the purchase of a | ||||||
22 | service from a serviceman, to the extent that the proceeds of | ||||||
23 | the service charge are in fact turned over as tips or as a | ||||||
24 | substitute for tips to the employees who participate directly | ||||||
25 | in preparing, serving, hosting or cleaning up the food or | ||||||
26 | beverage function with respect to which the service charge is |
| |||||||
| |||||||
1 | imposed. | ||||||
2 | (10) Until July 1, 2003, oil field exploration, drilling, | ||||||
3 | and production equipment, including (i) rigs and parts of | ||||||
4 | rigs, rotary rigs, cable tool rigs, and workover rigs, (ii) | ||||||
5 | pipe and tubular goods, including casing and drill strings, | ||||||
6 | (iii) pumps and pump-jack units, (iv) storage tanks and flow | ||||||
7 | lines, (v) any individual replacement part for oil field | ||||||
8 | exploration, drilling, and production equipment, and (vi) | ||||||
9 | machinery and equipment purchased for lease; but excluding | ||||||
10 | motor vehicles required to be registered under the Illinois | ||||||
11 | Vehicle Code. | ||||||
12 | (11) Proceeds from the sale of photoprocessing machinery | ||||||
13 | and equipment, including repair and replacement parts, both | ||||||
14 | new and used, including that manufactured on special order, | ||||||
15 | certified by the purchaser to be used primarily for | ||||||
16 | photoprocessing, and including photoprocessing machinery and | ||||||
17 | equipment purchased for lease. | ||||||
18 | (12) Until July 1, 2028, coal and aggregate exploration, | ||||||
19 | mining, off-highway hauling, processing, maintenance, and | ||||||
20 | reclamation equipment, including replacement parts and | ||||||
21 | equipment, and including equipment purchased for lease, but | ||||||
22 | excluding motor vehicles required to be registered under the | ||||||
23 | Illinois Vehicle Code. The changes made to this Section by | ||||||
24 | Public Act 97-767 apply on and after July 1, 2003, but no claim | ||||||
25 | for credit or refund is allowed on or after August 16, 2013 | ||||||
26 | (the effective date of Public Act 98-456) for such taxes paid |
| |||||||
| |||||||
1 | during the period beginning July 1, 2003 and ending on August | ||||||
2 | 16, 2013 (the effective date of Public Act 98-456). | ||||||
3 | (13) Semen used for artificial insemination of livestock | ||||||
4 | for direct agricultural production. | ||||||
5 | (14) Horses, or interests in horses, registered with and | ||||||
6 | meeting the requirements of any of the Arabian Horse Club | ||||||
7 | Registry of America, Appaloosa Horse Club, American Quarter | ||||||
8 | Horse Association, United States Trotting Association, or | ||||||
9 | Jockey Club, as appropriate, used for purposes of breeding or | ||||||
10 | racing for prizes. This item (14) is exempt from the | ||||||
11 | provisions of Section 3-75, and the exemption provided for | ||||||
12 | under this item (14) applies for all periods beginning May 30, | ||||||
13 | 1995, but no claim for credit or refund is allowed on or after | ||||||
14 | January 1, 2008 (the effective date of Public Act 95-88) for | ||||||
15 | such taxes paid during the period beginning May 30, 2000 and | ||||||
16 | ending on January 1, 2008 (the effective date of Public Act | ||||||
17 | 95-88). | ||||||
18 | (15) Computers and communications equipment utilized for | ||||||
19 | any hospital purpose and equipment used in the diagnosis, | ||||||
20 | analysis, or treatment of hospital patients purchased by a | ||||||
21 | lessor who leases the equipment, under a lease of one year or | ||||||
22 | longer executed or in effect at the time the lessor would | ||||||
23 | otherwise be subject to the tax imposed by this Act, to a | ||||||
24 | hospital that has been issued an active tax exemption | ||||||
25 | identification number by the Department under Section 1g of | ||||||
26 | the Retailers' Occupation Tax Act. If the equipment is leased |
| |||||||
| |||||||
1 | in a manner that does not qualify for this exemption or is used | ||||||
2 | in any other non-exempt manner, the lessor shall be liable for | ||||||
3 | the tax imposed under this Act or the Use Tax Act, as the case | ||||||
4 | may be, based on the fair market value of the property at the | ||||||
5 | time the non-qualifying use occurs. No lessor shall collect or | ||||||
6 | attempt to collect an amount (however designated) that | ||||||
7 | purports to reimburse that lessor for the tax imposed by this | ||||||
8 | Act or the Use Tax Act, as the case may be, if the tax has not | ||||||
9 | been paid by the lessor. If a lessor improperly collects any | ||||||
10 | such amount from the lessee, the lessee shall have a legal | ||||||
11 | right to claim a refund of that amount from the lessor. If, | ||||||
12 | however, that amount is not refunded to the lessee for any | ||||||
13 | reason, the lessor is liable to pay that amount to the | ||||||
14 | Department. | ||||||
15 | (16) Personal property purchased by a lessor who leases | ||||||
16 | the property, under a lease of one year or longer executed or | ||||||
17 | in effect at the time the lessor would otherwise be subject to | ||||||
18 | the tax imposed by this Act, to a governmental body that has | ||||||
19 | been issued an active tax exemption identification number by | ||||||
20 | the Department under Section 1g of the Retailers' Occupation | ||||||
21 | Tax Act. If the property is leased in a manner that does not | ||||||
22 | qualify for this exemption or is used in any other non-exempt | ||||||
23 | manner, the lessor shall be liable for the tax imposed under | ||||||
24 | this Act or the Use Tax Act, as the case may be, based on the | ||||||
25 | fair market value of the property at the time the | ||||||
26 | non-qualifying use occurs. No lessor shall collect or attempt |
| |||||||
| |||||||
1 | to collect an amount (however designated) that purports to | ||||||
2 | reimburse that lessor for the tax imposed by this Act or the | ||||||
3 | Use Tax Act, as the case may be, if the tax has not been paid | ||||||
4 | by the lessor. If a lessor improperly collects any such amount | ||||||
5 | from the lessee, the lessee shall have a legal right to claim a | ||||||
6 | refund of that amount from the lessor. If, however, that | ||||||
7 | amount is not refunded to the lessee for any reason, the lessor | ||||||
8 | is liable to pay that amount to the Department. | ||||||
9 | (17) Beginning with taxable years ending on or after | ||||||
10 | December 31, 1995 and ending with taxable years ending on or | ||||||
11 | before December 31, 2004, personal property that is donated | ||||||
12 | for disaster relief to be used in a State or federally declared | ||||||
13 | disaster area in Illinois or bordering Illinois by a | ||||||
14 | manufacturer or retailer that is registered in this State to a | ||||||
15 | corporation, society, association, foundation, or institution | ||||||
16 | that has been issued a sales tax exemption identification | ||||||
17 | number by the Department that assists victims of the disaster | ||||||
18 | who reside within the declared disaster area. | ||||||
19 | (18) Beginning with taxable years ending on or after | ||||||
20 | December 31, 1995 and ending with taxable years ending on or | ||||||
21 | before December 31, 2004, personal property that is used in | ||||||
22 | the performance of infrastructure repairs in this State, | ||||||
23 | including , but not limited to , municipal roads and streets, | ||||||
24 | access roads, bridges, sidewalks, waste disposal systems, | ||||||
25 | water and sewer line extensions, water distribution and | ||||||
26 | purification facilities, storm water drainage and retention |
| |||||||
| |||||||
1 | facilities, and sewage treatment facilities, resulting from a | ||||||
2 | State or federally declared disaster in Illinois or bordering | ||||||
3 | Illinois when such repairs are initiated on facilities located | ||||||
4 | in the declared disaster area within 6 months after the | ||||||
5 | disaster. | ||||||
6 | (19) Beginning July 1, 1999, game or game birds purchased | ||||||
7 | at a "game breeding and hunting preserve area" as that term is | ||||||
8 | used in the Wildlife Code. This paragraph is exempt from the | ||||||
9 | provisions of Section 3-75. | ||||||
10 | (20) A motor vehicle, as that term is defined in Section | ||||||
11 | 1-146 of the Illinois Vehicle Code, that is donated to a | ||||||
12 | corporation, limited liability company, society, association, | ||||||
13 | foundation, or institution that is determined by the | ||||||
14 | Department to be organized and operated exclusively for | ||||||
15 | educational purposes. For purposes of this exemption, "a | ||||||
16 | corporation, limited liability company, society, association, | ||||||
17 | foundation, or institution organized and operated exclusively | ||||||
18 | for educational purposes" means all tax-supported public | ||||||
19 | schools, private schools that offer systematic instruction in | ||||||
20 | useful branches of learning by methods common to public | ||||||
21 | schools and that compare favorably in their scope and | ||||||
22 | intensity with the course of study presented in tax-supported | ||||||
23 | schools, and vocational or technical schools or institutes | ||||||
24 | organized and operated exclusively to provide a course of | ||||||
25 | study of not less than 6 weeks duration and designed to prepare | ||||||
26 | individuals to follow a trade or to pursue a manual, |
| |||||||
| |||||||
1 | technical, mechanical, industrial, business, or commercial | ||||||
2 | occupation. | ||||||
3 | (21) Beginning January 1, 2000, personal property, | ||||||
4 | including food, purchased through fundraising events for the | ||||||
5 | benefit of a public or private elementary or secondary school, | ||||||
6 | a group of those schools, or one or more school districts if | ||||||
7 | the events are sponsored by an entity recognized by the school | ||||||
8 | district that consists primarily of volunteers and includes | ||||||
9 | parents and teachers of the school children. This paragraph | ||||||
10 | does not apply to fundraising events (i) for the benefit of | ||||||
11 | private home instruction or (ii) for which the fundraising | ||||||
12 | entity purchases the personal property sold at the events from | ||||||
13 | another individual or entity that sold the property for the | ||||||
14 | purpose of resale by the fundraising entity and that profits | ||||||
15 | from the sale to the fundraising entity. This paragraph is | ||||||
16 | exempt from the provisions of Section 3-75. | ||||||
17 | (22) Beginning January 1, 2000 and through December 31, | ||||||
18 | 2001, new or used automatic vending machines that prepare and | ||||||
19 | serve hot food and beverages, including coffee, soup, and | ||||||
20 | other items, and replacement parts for these machines. | ||||||
21 | Beginning January 1, 2002 and through June 30, 2003, machines | ||||||
22 | and parts for machines used in commercial, coin-operated | ||||||
23 | amusement and vending business if a use or occupation tax is | ||||||
24 | paid on the gross receipts derived from the use of the | ||||||
25 | commercial, coin-operated amusement and vending machines. This | ||||||
26 | paragraph is exempt from the provisions of Section 3-75. |
| |||||||
| |||||||
1 | (23) Beginning August 23, 2001 and through June 30, 2016, | ||||||
2 | food for human consumption that is to be consumed off the | ||||||
3 | premises where it is sold (other than alcoholic beverages, | ||||||
4 | soft drinks, and food that has been prepared for immediate | ||||||
5 | consumption) and prescription and nonprescription medicines, | ||||||
6 | drugs, medical appliances, and insulin, urine testing | ||||||
7 | materials, syringes, and needles used by diabetics, for human | ||||||
8 | use, when purchased for use by a person receiving medical | ||||||
9 | assistance under Article V of the Illinois Public Aid Code who | ||||||
10 | resides in a licensed long-term care facility, as defined in | ||||||
11 | the Nursing Home Care Act, or in a licensed facility as defined | ||||||
12 | in the ID/DD Community Care Act, the MC/DD Act, or the | ||||||
13 | Specialized Mental Health Rehabilitation Act of 2013. | ||||||
14 | (24) Beginning on August 2, 2001 (the effective date of | ||||||
15 | Public Act 92-227), computers and communications equipment | ||||||
16 | utilized for any hospital purpose and equipment used in the | ||||||
17 | diagnosis, analysis, or treatment of hospital patients | ||||||
18 | purchased by a lessor who leases the equipment, under a lease | ||||||
19 | of one year or longer executed or in effect at the time the | ||||||
20 | lessor would otherwise be subject to the tax imposed by this | ||||||
21 | Act, to a hospital that has been issued an active tax exemption | ||||||
22 | identification number by the Department under Section 1g of | ||||||
23 | the Retailers' Occupation Tax Act. If the equipment is leased | ||||||
24 | in a manner that does not qualify for this exemption or is used | ||||||
25 | in any other nonexempt manner, the lessor shall be liable for | ||||||
26 | the tax imposed under this Act or the Use Tax Act, as the case |
| |||||||
| |||||||
1 | may be, based on the fair market value of the property at the | ||||||
2 | time the nonqualifying use occurs. No lessor shall collect or | ||||||
3 | attempt to collect an amount (however designated) that | ||||||
4 | purports to reimburse that lessor for the tax imposed by this | ||||||
5 | Act or the Use Tax Act, as the case may be, if the tax has not | ||||||
6 | been paid by the lessor. If a lessor improperly collects any | ||||||
7 | such amount from the lessee, the lessee shall have a legal | ||||||
8 | right to claim a refund of that amount from the lessor. If, | ||||||
9 | however, that amount is not refunded to the lessee for any | ||||||
10 | reason, the lessor is liable to pay that amount to the | ||||||
11 | Department. This paragraph is exempt from the provisions of | ||||||
12 | Section 3-75. | ||||||
13 | (25) Beginning on August 2, 2001 (the effective date of | ||||||
14 | Public Act 92-227), personal property purchased by a lessor | ||||||
15 | who leases the property, under a lease of one year or longer | ||||||
16 | executed or in effect at the time the lessor would otherwise be | ||||||
17 | subject to the tax imposed by this Act, to a governmental body | ||||||
18 | that has been issued an active tax exemption identification | ||||||
19 | number by the Department under Section 1g of the Retailers' | ||||||
20 | Occupation Tax Act. If the property is leased in a manner that | ||||||
21 | does not qualify for this exemption or is used in any other | ||||||
22 | nonexempt manner, the lessor shall be liable for the tax | ||||||
23 | imposed under this Act or the Use Tax Act, as the case may be, | ||||||
24 | based on the fair market value of the property at the time the | ||||||
25 | nonqualifying use occurs. No lessor shall collect or attempt | ||||||
26 | to collect an amount (however designated) that purports to |
| |||||||
| |||||||
1 | reimburse that lessor for the tax imposed by this Act or the | ||||||
2 | Use Tax Act, as the case may be, if the tax has not been paid | ||||||
3 | by the lessor. If a lessor improperly collects any such amount | ||||||
4 | from the lessee, the lessee shall have a legal right to claim a | ||||||
5 | refund of that amount from the lessor. If, however, that | ||||||
6 | amount is not refunded to the lessee for any reason, the lessor | ||||||
7 | is liable to pay that amount to the Department. This paragraph | ||||||
8 | is exempt from the provisions of Section 3-75. | ||||||
9 | (26) Beginning January 1, 2008, tangible personal property | ||||||
10 | used in the construction or maintenance of a community water | ||||||
11 | supply, as defined under Section 3.145 of the Environmental | ||||||
12 | Protection Act, that is operated by a not-for-profit | ||||||
13 | corporation that holds a valid water supply permit issued | ||||||
14 | under Title IV of the Environmental Protection Act. This | ||||||
15 | paragraph is exempt from the provisions of Section 3-75. | ||||||
16 | (27) Beginning January 1, 2010 and continuing through | ||||||
17 | December 31, 2029, materials, parts, equipment, components, | ||||||
18 | and furnishings incorporated into or upon an aircraft as part | ||||||
19 | of the modification, refurbishment, completion, replacement, | ||||||
20 | repair, or maintenance of the aircraft. This exemption | ||||||
21 | includes consumable supplies used in the modification, | ||||||
22 | refurbishment, completion, replacement, repair, and | ||||||
23 | maintenance of aircraft. However, until January 1, 2024, this | ||||||
24 | exemption excludes any materials, parts, equipment, | ||||||
25 | components, and consumable supplies used in the modification, | ||||||
26 | replacement, repair, and maintenance of aircraft engines or |
| |||||||
| |||||||
1 | power plants, whether such engines or power plants are | ||||||
2 | installed or uninstalled upon any such aircraft. "Consumable | ||||||
3 | supplies" include, but are not limited to, adhesive, tape, | ||||||
4 | sandpaper, general purpose lubricants, cleaning solution, | ||||||
5 | latex gloves, and protective films. | ||||||
6 | Beginning January 1, 2010 and continuing through December | ||||||
7 | 31, 2023, this exemption applies only to the use of qualifying | ||||||
8 | tangible personal property transferred incident to the | ||||||
9 | modification, refurbishment, completion, replacement, repair, | ||||||
10 | or maintenance of aircraft by persons who (i) hold an Air | ||||||
11 | Agency Certificate and are empowered to operate an approved | ||||||
12 | repair station by the Federal Aviation Administration, (ii) | ||||||
13 | have a Class IV Rating, and (iii) conduct operations in | ||||||
14 | accordance with Part 145 of the Federal Aviation Regulations. | ||||||
15 | From January 1, 2024 through December 31, 2029, this exemption | ||||||
16 | applies only to the use of qualifying tangible personal | ||||||
17 | property by: (A) persons who modify, refurbish, complete, | ||||||
18 | repair, replace, or maintain aircraft and who (i) hold an Air | ||||||
19 | Agency Certificate and are empowered to operate an approved | ||||||
20 | repair station by the Federal Aviation Administration, (ii) | ||||||
21 | have a Class IV Rating, and (iii) conduct operations in | ||||||
22 | accordance with Part 145 of the Federal Aviation Regulations; | ||||||
23 | and (B) persons who engage in the modification, replacement, | ||||||
24 | repair, and maintenance of aircraft engines or power plants | ||||||
25 | without regard to whether or not those persons meet the | ||||||
26 | qualifications of item (A). |
| |||||||
| |||||||
1 | The exemption does not include aircraft operated by a | ||||||
2 | commercial air carrier providing scheduled passenger air | ||||||
3 | service pursuant to authority issued under Part 121 or Part | ||||||
4 | 129 of the Federal Aviation Regulations. The changes made to | ||||||
5 | this paragraph (27) by Public Act 98-534 are declarative of | ||||||
6 | existing law. It is the intent of the General Assembly that the | ||||||
7 | exemption under this paragraph (27) applies continuously from | ||||||
8 | January 1, 2010 through December 31, 2024; however, no claim | ||||||
9 | for credit or refund is allowed for taxes paid as a result of | ||||||
10 | the disallowance of this exemption on or after January 1, 2015 | ||||||
11 | and prior to February 5, 2020 (the effective date of Public Act | ||||||
12 | 101-629). | ||||||
13 | (28) Tangible personal property purchased by a | ||||||
14 | public-facilities corporation, as described in Section | ||||||
15 | 11-65-10 of the Illinois Municipal Code, for purposes of | ||||||
16 | constructing or furnishing a municipal convention hall, but | ||||||
17 | only if the legal title to the municipal convention hall is | ||||||
18 | transferred to the municipality without any further | ||||||
19 | consideration by or on behalf of the municipality at the time | ||||||
20 | of the completion of the municipal convention hall or upon the | ||||||
21 | retirement or redemption of any bonds or other debt | ||||||
22 | instruments issued by the public-facilities corporation in | ||||||
23 | connection with the development of the municipal convention | ||||||
24 | hall. This exemption includes existing public-facilities | ||||||
25 | corporations as provided in Section 11-65-25 of the Illinois | ||||||
26 | Municipal Code. This paragraph is exempt from the provisions |
| |||||||
| |||||||
1 | of Section 3-75. | ||||||
2 | (29) Beginning January 1, 2017 and through December 31, | ||||||
3 | 2026, menstrual pads, tampons, and menstrual cups. | ||||||
4 | (30) Tangible personal property transferred to a purchaser | ||||||
5 | who is exempt from the tax imposed by this Act by operation of | ||||||
6 | federal law. This paragraph is exempt from the provisions of | ||||||
7 | Section 3-75. | ||||||
8 | (31) Qualified tangible personal property used in the | ||||||
9 | construction or operation of a data center that has been | ||||||
10 | granted a certificate of exemption by the Department of | ||||||
11 | Commerce and Economic Opportunity, whether that tangible | ||||||
12 | personal property is purchased by the owner, operator, or | ||||||
13 | tenant of the data center or by a contractor or subcontractor | ||||||
14 | of the owner, operator, or tenant. Data centers that would | ||||||
15 | have qualified for a certificate of exemption prior to January | ||||||
16 | 1, 2020 had Public Act 101-31 been in effect, may apply for and | ||||||
17 | obtain an exemption for subsequent purchases of computer | ||||||
18 | equipment or enabling software purchased or leased to upgrade, | ||||||
19 | supplement, or replace computer equipment or enabling software | ||||||
20 | purchased or leased in the original investment that would have | ||||||
21 | qualified. | ||||||
22 | The Department of Commerce and Economic Opportunity shall | ||||||
23 | grant a certificate of exemption under this item (31) to | ||||||
24 | qualified data centers as defined by Section 605-1025 of the | ||||||
25 | Department of Commerce and Economic Opportunity Law of the | ||||||
26 | Civil Administrative Code of Illinois. |
| |||||||
| |||||||
1 | For the purposes of this item (31): | ||||||
2 | "Data center" means a building or a series of | ||||||
3 | buildings rehabilitated or constructed to house working | ||||||
4 | servers in one physical location or multiple sites within | ||||||
5 | the State of Illinois. | ||||||
6 | "Qualified tangible personal property" means: | ||||||
7 | electrical systems and equipment; climate control and | ||||||
8 | chilling equipment and systems; mechanical systems and | ||||||
9 | equipment; monitoring and secure systems; emergency | ||||||
10 | generators; hardware; computers; servers; data storage | ||||||
11 | devices; network connectivity equipment; racks; cabinets; | ||||||
12 | telecommunications cabling infrastructure; raised floor | ||||||
13 | systems; peripheral components or systems; software; | ||||||
14 | mechanical, electrical, or plumbing systems; battery | ||||||
15 | systems; cooling systems and towers; temperature control | ||||||
16 | systems; other cabling; and other data center | ||||||
17 | infrastructure equipment and systems necessary to operate | ||||||
18 | qualified tangible personal property, including fixtures; | ||||||
19 | and component parts of any of the foregoing, including | ||||||
20 | installation, maintenance, repair, refurbishment, and | ||||||
21 | replacement of qualified tangible personal property to | ||||||
22 | generate, transform, transmit, distribute, or manage | ||||||
23 | electricity necessary to operate qualified tangible | ||||||
24 | personal property; and all other tangible personal | ||||||
25 | property that is essential to the operations of a computer | ||||||
26 | data center. The term "qualified tangible personal |
| |||||||
| |||||||
1 | property" also includes building materials physically | ||||||
2 | incorporated into in to the qualifying data center. To | ||||||
3 | document the exemption allowed under this Section, the | ||||||
4 | retailer must obtain from the purchaser a copy of the | ||||||
5 | certificate of eligibility issued by the Department of | ||||||
6 | Commerce and Economic Opportunity. | ||||||
7 | This item (31) is exempt from the provisions of Section | ||||||
8 | 3-75. | ||||||
9 | (32) Beginning July 1, 2022, breast pumps, breast pump | ||||||
10 | collection and storage supplies, and breast pump kits. This | ||||||
11 | item (32) is exempt from the provisions of Section 3-75. As | ||||||
12 | used in this item (32): | ||||||
13 | "Breast pump" means an electrically controlled or | ||||||
14 | manually controlled pump device designed or marketed to be | ||||||
15 | used to express milk from a human breast during lactation, | ||||||
16 | including the pump device and any battery, AC adapter, or | ||||||
17 | other power supply unit that is used to power the pump | ||||||
18 | device and is packaged and sold with the pump device at the | ||||||
19 | time of sale. | ||||||
20 | "Breast pump collection and storage supplies" means | ||||||
21 | items of tangible personal property designed or marketed | ||||||
22 | to be used in conjunction with a breast pump to collect | ||||||
23 | milk expressed from a human breast and to store collected | ||||||
24 | milk until it is ready for consumption. | ||||||
25 | "Breast pump collection and storage supplies" | ||||||
26 | includes, but is not limited to: breast shields and breast |
| |||||||
| |||||||
1 | shield connectors; breast pump tubes and tubing adapters; | ||||||
2 | breast pump valves and membranes; backflow protectors and | ||||||
3 | backflow protector adaptors; bottles and bottle caps | ||||||
4 | specific to the operation of the breast pump; and breast | ||||||
5 | milk storage bags. | ||||||
6 | "Breast pump collection and storage supplies" does not | ||||||
7 | include: (1) bottles and bottle caps not specific to the | ||||||
8 | operation of the breast pump; (2) breast pump travel bags | ||||||
9 | and other similar carrying accessories, including ice | ||||||
10 | packs, labels, and other similar products; (3) breast pump | ||||||
11 | cleaning supplies; (4) nursing bras, bra pads, breast | ||||||
12 | shells, and other similar products; and (5) creams, | ||||||
13 | ointments, and other similar products that relieve | ||||||
14 | breastfeeding-related symptoms or conditions of the | ||||||
15 | breasts or nipples, unless sold as part of a breast pump | ||||||
16 | kit that is pre-packaged by the breast pump manufacturer | ||||||
17 | or distributor. | ||||||
18 | "Breast pump kit" means a kit that: (1) contains no | ||||||
19 | more than a breast pump, breast pump collection and | ||||||
20 | storage supplies, a rechargeable battery for operating the | ||||||
21 | breast pump, a breastmilk cooler, bottle stands, ice | ||||||
22 | packs, and a breast pump carrying case; and (2) is | ||||||
23 | pre-packaged as a breast pump kit by the breast pump | ||||||
24 | manufacturer or distributor. | ||||||
25 | (33) Tangible personal property sold by or on behalf of | ||||||
26 | the State Treasurer pursuant to the Revised Uniform Unclaimed |
| |||||||
| |||||||
1 | Property Act. This item (33) is exempt from the provisions of | ||||||
2 | Section 3-75. | ||||||
3 | (34) Beginning on January 1, 2024, tangible personal | ||||||
4 | property purchased by an active duty member of the armed | ||||||
5 | forces of the United States who presents valid military | ||||||
6 | identification and purchases the property using a form of | ||||||
7 | payment where the federal government is the payor. The member | ||||||
8 | of the armed forces must complete, at the point of sale, a form | ||||||
9 | prescribed by the Department of Revenue documenting that the | ||||||
10 | transaction is eligible for the exemption under this | ||||||
11 | paragraph. Retailers must keep the form as documentation of | ||||||
12 | the exemption in their records for a period of not less than 6 | ||||||
13 | years. "Armed forces of the United States" means the United | ||||||
14 | States Army, Navy, Air Force, Marine Corps, or Coast Guard. | ||||||
15 | This paragraph is exempt from the provisions of Section 3-75. | ||||||
16 | (Source: P.A. 102-16, eff. 6-17-21; 102-700, Article 70, | ||||||
17 | Section 70-10, eff. 4-19-22; 102-700, Article 75, Section | ||||||
18 | 75-10, eff. 4-19-22; 102-1026, eff. 5-27-22; 103-9, Article 5, | ||||||
19 | Section 5-10, eff. 6-7-23; 103-9, Article 15, Section 15-10, | ||||||
20 | eff. 6-7-23; 103-154, eff. 6-30-23; 103-384, eff. 1-1-24; | ||||||
21 | revised 12-12-23.)
| ||||||
22 | Section 200. The Service Occupation Tax Act is amended by | ||||||
23 | changing Sections 3-5, 9, and 12 as follows:
| ||||||
24 | (35 ILCS 115/3-5) |
| |||||||
| |||||||
1 | Sec. 3-5. Exemptions. The following tangible personal | ||||||
2 | property is exempt from the tax imposed by this Act: | ||||||
3 | (1) Personal property sold by a corporation, society, | ||||||
4 | association, foundation, institution, or organization, other | ||||||
5 | than a limited liability company, that is organized and | ||||||
6 | operated as a not-for-profit service enterprise for the | ||||||
7 | benefit of persons 65 years of age or older if the personal | ||||||
8 | property was not purchased by the enterprise for the purpose | ||||||
9 | of resale by the enterprise. | ||||||
10 | (2) Personal property purchased by a not-for-profit | ||||||
11 | Illinois county fair association for use in conducting, | ||||||
12 | operating, or promoting the county fair. | ||||||
13 | (3) Personal property purchased by any not-for-profit arts | ||||||
14 | or cultural organization that establishes, by proof required | ||||||
15 | by the Department by rule, that it has received an exemption | ||||||
16 | under Section 501(c)(3) of the Internal Revenue Code and that | ||||||
17 | is organized and operated primarily for the presentation or | ||||||
18 | support of arts or cultural programming, activities, or | ||||||
19 | services. These organizations include, but are not limited to, | ||||||
20 | music and dramatic arts organizations such as symphony | ||||||
21 | orchestras and theatrical groups, arts and cultural service | ||||||
22 | organizations, local arts councils, visual arts organizations, | ||||||
23 | and media arts organizations. On and after July 1, 2001 (the | ||||||
24 | effective date of Public Act 92-35), however, an entity | ||||||
25 | otherwise eligible for this exemption shall not make tax-free | ||||||
26 | purchases unless it has an active identification number issued |
| |||||||
| |||||||
1 | by the Department. | ||||||
2 | (4) Legal tender, currency, medallions, or gold or silver | ||||||
3 | coinage issued by the State of Illinois, the government of the | ||||||
4 | United States of America, or the government of any foreign | ||||||
5 | country, and bullion. | ||||||
6 | (5) Until July 1, 2003 and beginning again on September 1, | ||||||
7 | 2004 through August 30, 2014, graphic arts machinery and | ||||||
8 | equipment, including repair and replacement parts, both new | ||||||
9 | and used, and including that manufactured on special order or | ||||||
10 | purchased for lease, certified by the purchaser to be used | ||||||
11 | primarily for graphic arts production. Equipment includes | ||||||
12 | chemicals or chemicals acting as catalysts but only if the | ||||||
13 | chemicals or chemicals acting as catalysts effect a direct and | ||||||
14 | immediate change upon a graphic arts product. Beginning on | ||||||
15 | July 1, 2017, graphic arts machinery and equipment is included | ||||||
16 | in the manufacturing and assembling machinery and equipment | ||||||
17 | exemption under Section 2 of this Act. | ||||||
18 | (6) Personal property sold by a teacher-sponsored student | ||||||
19 | organization affiliated with an elementary or secondary school | ||||||
20 | located in Illinois. | ||||||
21 | (7) Farm machinery and equipment, both new and used, | ||||||
22 | including that manufactured on special order, certified by the | ||||||
23 | purchaser to be used primarily for production agriculture or | ||||||
24 | State or federal agricultural programs, including individual | ||||||
25 | replacement parts for the machinery and equipment, including | ||||||
26 | machinery and equipment purchased for lease, and including |
| |||||||
| |||||||
1 | implements of husbandry defined in Section 1-130 of the | ||||||
2 | Illinois Vehicle Code, farm machinery and agricultural | ||||||
3 | chemical and fertilizer spreaders, and nurse wagons required | ||||||
4 | to be registered under Section 3-809 of the Illinois Vehicle | ||||||
5 | Code, but excluding other motor vehicles required to be | ||||||
6 | registered under the Illinois Vehicle Code. Horticultural | ||||||
7 | polyhouses or hoop houses used for propagating, growing, or | ||||||
8 | overwintering plants shall be considered farm machinery and | ||||||
9 | equipment under this item (7). Agricultural chemical tender | ||||||
10 | tanks and dry boxes shall include units sold separately from a | ||||||
11 | motor vehicle required to be licensed and units sold mounted | ||||||
12 | on a motor vehicle required to be licensed if the selling price | ||||||
13 | of the tender is separately stated. | ||||||
14 | Farm machinery and equipment shall include precision | ||||||
15 | farming equipment that is installed or purchased to be | ||||||
16 | installed on farm machinery and equipment , including, but not | ||||||
17 | limited to, tractors, harvesters, sprayers, planters, seeders, | ||||||
18 | or spreaders. Precision farming equipment includes, but is not | ||||||
19 | limited to, soil testing sensors, computers, monitors, | ||||||
20 | software, global positioning and mapping systems, and other | ||||||
21 | such equipment. | ||||||
22 | Farm machinery and equipment also includes computers, | ||||||
23 | sensors, software, and related equipment used primarily in the | ||||||
24 | computer-assisted operation of production agriculture | ||||||
25 | facilities, equipment, and activities such as, but not limited | ||||||
26 | to, the collection, monitoring, and correlation of animal and |
| |||||||
| |||||||
1 | crop data for the purpose of formulating animal diets and | ||||||
2 | agricultural chemicals. | ||||||
3 | Beginning on January 1, 2024, farm machinery and equipment | ||||||
4 | also includes electrical power generation equipment used | ||||||
5 | primarily for production agriculture. | ||||||
6 | This item (7) is exempt from the provisions of Section | ||||||
7 | 3-55. | ||||||
8 | (8) Until June 30, 2013, fuel and petroleum products sold | ||||||
9 | to or used by an air common carrier, certified by the carrier | ||||||
10 | to be used for consumption, shipment, or storage in the | ||||||
11 | conduct of its business as an air common carrier, for a flight | ||||||
12 | destined for or returning from a location or locations outside | ||||||
13 | the United States without regard to previous or subsequent | ||||||
14 | domestic stopovers. | ||||||
15 | Beginning July 1, 2013, fuel and petroleum products sold | ||||||
16 | to or used by an air carrier, certified by the carrier to be | ||||||
17 | used for consumption, shipment, or storage in the conduct of | ||||||
18 | its business as an air common carrier, for a flight that (i) is | ||||||
19 | engaged in foreign trade or is engaged in trade between the | ||||||
20 | United States and any of its possessions and (ii) transports | ||||||
21 | at least one individual or package for hire from the city of | ||||||
22 | origination to the city of final destination on the same | ||||||
23 | aircraft, without regard to a change in the flight number of | ||||||
24 | that aircraft. | ||||||
25 | (9) Proceeds of mandatory service charges separately | ||||||
26 | stated on customers' bills for the purchase and consumption of |
| |||||||
| |||||||
1 | food and beverages, to the extent that the proceeds of the | ||||||
2 | service charge are in fact turned over as tips or as a | ||||||
3 | substitute for tips to the employees who participate directly | ||||||
4 | in preparing, serving, hosting or cleaning up the food or | ||||||
5 | beverage function with respect to which the service charge is | ||||||
6 | imposed. | ||||||
7 | (10) Until July 1, 2003, oil field exploration, drilling, | ||||||
8 | and production equipment, including (i) rigs and parts of | ||||||
9 | rigs, rotary rigs, cable tool rigs, and workover rigs, (ii) | ||||||
10 | pipe and tubular goods, including casing and drill strings, | ||||||
11 | (iii) pumps and pump-jack units, (iv) storage tanks and flow | ||||||
12 | lines, (v) any individual replacement part for oil field | ||||||
13 | exploration, drilling, and production equipment, and (vi) | ||||||
14 | machinery and equipment purchased for lease; but excluding | ||||||
15 | motor vehicles required to be registered under the Illinois | ||||||
16 | Vehicle Code. | ||||||
17 | (11) Photoprocessing machinery and equipment, including | ||||||
18 | repair and replacement parts, both new and used, including | ||||||
19 | that manufactured on special order, certified by the purchaser | ||||||
20 | to be used primarily for photoprocessing, and including | ||||||
21 | photoprocessing machinery and equipment purchased for lease. | ||||||
22 | (12) Until July 1, 2028, coal and aggregate exploration, | ||||||
23 | mining, off-highway hauling, processing, maintenance, and | ||||||
24 | reclamation equipment, including replacement parts and | ||||||
25 | equipment, and including equipment purchased for lease, but | ||||||
26 | excluding motor vehicles required to be registered under the |
| |||||||
| |||||||
1 | Illinois Vehicle Code. The changes made to this Section by | ||||||
2 | Public Act 97-767 apply on and after July 1, 2003, but no claim | ||||||
3 | for credit or refund is allowed on or after August 16, 2013 | ||||||
4 | (the effective date of Public Act 98-456) for such taxes paid | ||||||
5 | during the period beginning July 1, 2003 and ending on August | ||||||
6 | 16, 2013 (the effective date of Public Act 98-456). | ||||||
7 | (13) Beginning January 1, 1992 and through June 30, 2016, | ||||||
8 | food for human consumption that is to be consumed off the | ||||||
9 | premises where it is sold (other than alcoholic beverages, | ||||||
10 | soft drinks and food that has been prepared for immediate | ||||||
11 | consumption) and prescription and non-prescription medicines, | ||||||
12 | drugs, medical appliances, and insulin, urine testing | ||||||
13 | materials, syringes, and needles used by diabetics, for human | ||||||
14 | use, when purchased for use by a person receiving medical | ||||||
15 | assistance under Article V of the Illinois Public Aid Code who | ||||||
16 | resides in a licensed long-term care facility, as defined in | ||||||
17 | the Nursing Home Care Act, or in a licensed facility as defined | ||||||
18 | in the ID/DD Community Care Act, the MC/DD Act, or the | ||||||
19 | Specialized Mental Health Rehabilitation Act of 2013. | ||||||
20 | (14) Semen used for artificial insemination of livestock | ||||||
21 | for direct agricultural production. | ||||||
22 | (15) Horses, or interests in horses, registered with and | ||||||
23 | meeting the requirements of any of the Arabian Horse Club | ||||||
24 | Registry of America, Appaloosa Horse Club, American Quarter | ||||||
25 | Horse Association, United States Trotting Association, or | ||||||
26 | Jockey Club, as appropriate, used for purposes of breeding or |
| |||||||
| |||||||
1 | racing for prizes. This item (15) is exempt from the | ||||||
2 | provisions of Section 3-55, and the exemption provided for | ||||||
3 | under this item (15) applies for all periods beginning May 30, | ||||||
4 | 1995, but no claim for credit or refund is allowed on or after | ||||||
5 | January 1, 2008 (the effective date of Public Act 95-88) for | ||||||
6 | such taxes paid during the period beginning May 30, 2000 and | ||||||
7 | ending on January 1, 2008 (the effective date of Public Act | ||||||
8 | 95-88). | ||||||
9 | (16) Computers and communications equipment utilized for | ||||||
10 | any hospital purpose and equipment used in the diagnosis, | ||||||
11 | analysis, or treatment of hospital patients sold to a lessor | ||||||
12 | who leases the equipment, under a lease of one year or longer | ||||||
13 | executed or in effect at the time of the purchase, to a | ||||||
14 | hospital that has been issued an active tax exemption | ||||||
15 | identification number by the Department under Section 1g of | ||||||
16 | the Retailers' Occupation Tax Act. | ||||||
17 | (17) Personal property sold to a lessor who leases the | ||||||
18 | property, under a lease of one year or longer executed or in | ||||||
19 | effect at the time of the purchase, to a governmental body that | ||||||
20 | has been issued an active tax exemption identification number | ||||||
21 | by the Department under Section 1g of the Retailers' | ||||||
22 | Occupation Tax Act. | ||||||
23 | (18) Beginning with taxable years ending on or after | ||||||
24 | December 31, 1995 and ending with taxable years ending on or | ||||||
25 | before December 31, 2004, personal property that is donated | ||||||
26 | for disaster relief to be used in a State or federally declared |
| |||||||
| |||||||
1 | disaster area in Illinois or bordering Illinois by a | ||||||
2 | manufacturer or retailer that is registered in this State to a | ||||||
3 | corporation, society, association, foundation, or institution | ||||||
4 | that has been issued a sales tax exemption identification | ||||||
5 | number by the Department that assists victims of the disaster | ||||||
6 | who reside within the declared disaster area. | ||||||
7 | (19) Beginning with taxable years ending on or after | ||||||
8 | December 31, 1995 and ending with taxable years ending on or | ||||||
9 | before December 31, 2004, personal property that is used in | ||||||
10 | the performance of infrastructure repairs in this State, | ||||||
11 | including , but not limited to , municipal roads and streets, | ||||||
12 | access roads, bridges, sidewalks, waste disposal systems, | ||||||
13 | water and sewer line extensions, water distribution and | ||||||
14 | purification facilities, storm water drainage and retention | ||||||
15 | facilities, and sewage treatment facilities, resulting from a | ||||||
16 | State or federally declared disaster in Illinois or bordering | ||||||
17 | Illinois when such repairs are initiated on facilities located | ||||||
18 | in the declared disaster area within 6 months after the | ||||||
19 | disaster. | ||||||
20 | (20) Beginning July 1, 1999, game or game birds sold at a | ||||||
21 | "game breeding and hunting preserve area" as that term is used | ||||||
22 | in the Wildlife Code. This paragraph is exempt from the | ||||||
23 | provisions of Section 3-55. | ||||||
24 | (21) A motor vehicle, as that term is defined in Section | ||||||
25 | 1-146 of the Illinois Vehicle Code, that is donated to a | ||||||
26 | corporation, limited liability company, society, association, |
| |||||||
| |||||||
1 | foundation, or institution that is determined by the | ||||||
2 | Department to be organized and operated exclusively for | ||||||
3 | educational purposes. For purposes of this exemption, "a | ||||||
4 | corporation, limited liability company, society, association, | ||||||
5 | foundation, or institution organized and operated exclusively | ||||||
6 | for educational purposes" means all tax-supported public | ||||||
7 | schools, private schools that offer systematic instruction in | ||||||
8 | useful branches of learning by methods common to public | ||||||
9 | schools and that compare favorably in their scope and | ||||||
10 | intensity with the course of study presented in tax-supported | ||||||
11 | schools, and vocational or technical schools or institutes | ||||||
12 | organized and operated exclusively to provide a course of | ||||||
13 | study of not less than 6 weeks duration and designed to prepare | ||||||
14 | individuals to follow a trade or to pursue a manual, | ||||||
15 | technical, mechanical, industrial, business, or commercial | ||||||
16 | occupation. | ||||||
17 | (22) Beginning January 1, 2000, personal property, | ||||||
18 | including food, purchased through fundraising events for the | ||||||
19 | benefit of a public or private elementary or secondary school, | ||||||
20 | a group of those schools, or one or more school districts if | ||||||
21 | the events are sponsored by an entity recognized by the school | ||||||
22 | district that consists primarily of volunteers and includes | ||||||
23 | parents and teachers of the school children. This paragraph | ||||||
24 | does not apply to fundraising events (i) for the benefit of | ||||||
25 | private home instruction or (ii) for which the fundraising | ||||||
26 | entity purchases the personal property sold at the events from |
| |||||||
| |||||||
1 | another individual or entity that sold the property for the | ||||||
2 | purpose of resale by the fundraising entity and that profits | ||||||
3 | from the sale to the fundraising entity. This paragraph is | ||||||
4 | exempt from the provisions of Section 3-55. | ||||||
5 | (23) Beginning January 1, 2000 and through December 31, | ||||||
6 | 2001, new or used automatic vending machines that prepare and | ||||||
7 | serve hot food and beverages, including coffee, soup, and | ||||||
8 | other items, and replacement parts for these machines. | ||||||
9 | Beginning January 1, 2002 and through June 30, 2003, machines | ||||||
10 | and parts for machines used in commercial, coin-operated | ||||||
11 | amusement and vending business if a use or occupation tax is | ||||||
12 | paid on the gross receipts derived from the use of the | ||||||
13 | commercial, coin-operated amusement and vending machines. This | ||||||
14 | paragraph is exempt from the provisions of Section 3-55. | ||||||
15 | (24) Beginning on August 2, 2001 (the effective date of | ||||||
16 | Public Act 92-227), computers and communications equipment | ||||||
17 | utilized for any hospital purpose and equipment used in the | ||||||
18 | diagnosis, analysis, or treatment of hospital patients sold to | ||||||
19 | a lessor who leases the equipment, under a lease of one year or | ||||||
20 | longer executed or in effect at the time of the purchase, to a | ||||||
21 | hospital that has been issued an active tax exemption | ||||||
22 | identification number by the Department under Section 1g of | ||||||
23 | the Retailers' Occupation Tax Act. This paragraph is exempt | ||||||
24 | from the provisions of Section 3-55. | ||||||
25 | (25) Beginning on August 2, 2001 (the effective date of | ||||||
26 | Public Act 92-227), personal property sold to a lessor who |
| |||||||
| |||||||
1 | leases the property, under a lease of one year or longer | ||||||
2 | executed or in effect at the time of the purchase, to a | ||||||
3 | governmental body that has been issued an active tax exemption | ||||||
4 | identification number by the Department under Section 1g of | ||||||
5 | the Retailers' Occupation Tax Act. This paragraph is exempt | ||||||
6 | from the provisions of Section 3-55. | ||||||
7 | (26) Beginning on January 1, 2002 and through June 30, | ||||||
8 | 2016, tangible personal property purchased from an Illinois | ||||||
9 | retailer by a taxpayer engaged in centralized purchasing | ||||||
10 | activities in Illinois who will, upon receipt of the property | ||||||
11 | in Illinois, temporarily store the property in Illinois (i) | ||||||
12 | for the purpose of subsequently transporting it outside this | ||||||
13 | State for use or consumption thereafter solely outside this | ||||||
14 | State or (ii) for the purpose of being processed, fabricated, | ||||||
15 | or manufactured into, attached to, or incorporated into other | ||||||
16 | tangible personal property to be transported outside this | ||||||
17 | State and thereafter used or consumed solely outside this | ||||||
18 | State. The Director of Revenue shall, pursuant to rules | ||||||
19 | adopted in accordance with the Illinois Administrative | ||||||
20 | Procedure Act, issue a permit to any taxpayer in good standing | ||||||
21 | with the Department who is eligible for the exemption under | ||||||
22 | this paragraph (26). The permit issued under this paragraph | ||||||
23 | (26) shall authorize the holder, to the extent and in the | ||||||
24 | manner specified in the rules adopted under this Act, to | ||||||
25 | purchase tangible personal property from a retailer exempt | ||||||
26 | from the taxes imposed by this Act. Taxpayers shall maintain |
| |||||||
| |||||||
1 | all necessary books and records to substantiate the use and | ||||||
2 | consumption of all such tangible personal property outside of | ||||||
3 | the State of Illinois. | ||||||
4 | (27) Beginning January 1, 2008, tangible personal property | ||||||
5 | used in the construction or maintenance of a community water | ||||||
6 | supply, as defined under Section 3.145 of the Environmental | ||||||
7 | Protection Act, that is operated by a not-for-profit | ||||||
8 | corporation that holds a valid water supply permit issued | ||||||
9 | under Title IV of the Environmental Protection Act. This | ||||||
10 | paragraph is exempt from the provisions of Section 3-55. | ||||||
11 | (28) Tangible personal property sold to a | ||||||
12 | public-facilities corporation, as described in Section | ||||||
13 | 11-65-10 of the Illinois Municipal Code, for purposes of | ||||||
14 | constructing or furnishing a municipal convention hall, but | ||||||
15 | only if the legal title to the municipal convention hall is | ||||||
16 | transferred to the municipality without any further | ||||||
17 | consideration by or on behalf of the municipality at the time | ||||||
18 | of the completion of the municipal convention hall or upon the | ||||||
19 | retirement or redemption of any bonds or other debt | ||||||
20 | instruments issued by the public-facilities corporation in | ||||||
21 | connection with the development of the municipal convention | ||||||
22 | hall. This exemption includes existing public-facilities | ||||||
23 | corporations as provided in Section 11-65-25 of the Illinois | ||||||
24 | Municipal Code. This paragraph is exempt from the provisions | ||||||
25 | of Section 3-55. | ||||||
26 | (29) Beginning January 1, 2010 and continuing through |
| |||||||
| |||||||
1 | December 31, 2029, materials, parts, equipment, components, | ||||||
2 | and furnishings incorporated into or upon an aircraft as part | ||||||
3 | of the modification, refurbishment, completion, replacement, | ||||||
4 | repair, or maintenance of the aircraft. This exemption | ||||||
5 | includes consumable supplies used in the modification, | ||||||
6 | refurbishment, completion, replacement, repair, and | ||||||
7 | maintenance of aircraft. However, until January 1, 2024, this | ||||||
8 | exemption excludes any materials, parts, equipment, | ||||||
9 | components, and consumable supplies used in the modification, | ||||||
10 | replacement, repair, and maintenance of aircraft engines or | ||||||
11 | power plants, whether such engines or power plants are | ||||||
12 | installed or uninstalled upon any such aircraft. "Consumable | ||||||
13 | supplies" include, but are not limited to, adhesive, tape, | ||||||
14 | sandpaper, general purpose lubricants, cleaning solution, | ||||||
15 | latex gloves, and protective films. | ||||||
16 | Beginning January 1, 2010 and continuing through December | ||||||
17 | 31, 2023, this exemption applies only to the transfer of | ||||||
18 | qualifying tangible personal property incident to the | ||||||
19 | modification, refurbishment, completion, replacement, repair, | ||||||
20 | or maintenance of an aircraft by persons who (i) hold an Air | ||||||
21 | Agency Certificate and are empowered to operate an approved | ||||||
22 | repair station by the Federal Aviation Administration, (ii) | ||||||
23 | have a Class IV Rating, and (iii) conduct operations in | ||||||
24 | accordance with Part 145 of the Federal Aviation Regulations. | ||||||
25 | The exemption does not include aircraft operated by a | ||||||
26 | commercial air carrier providing scheduled passenger air |
| |||||||
| |||||||
1 | service pursuant to authority issued under Part 121 or Part | ||||||
2 | 129 of the Federal Aviation Regulations. From January 1, 2024 | ||||||
3 | through December 31, 2029, this exemption applies only to the | ||||||
4 | use of qualifying tangible personal property by: (A) persons | ||||||
5 | who modify, refurbish, complete, repair, replace, or maintain | ||||||
6 | aircraft and who (i) hold an Air Agency Certificate and are | ||||||
7 | empowered to operate an approved repair station by the Federal | ||||||
8 | Aviation Administration, (ii) have a Class IV Rating, and | ||||||
9 | (iii) conduct operations in accordance with Part 145 of the | ||||||
10 | Federal Aviation Regulations; and (B) persons who engage in | ||||||
11 | the modification, replacement, repair, and maintenance of | ||||||
12 | aircraft engines or power plants without regard to whether or | ||||||
13 | not those persons meet the qualifications of item (A). | ||||||
14 | The changes made to this paragraph (29) by Public Act | ||||||
15 | 98-534 are declarative of existing law. It is the intent of the | ||||||
16 | General Assembly that the exemption under this paragraph (29) | ||||||
17 | applies continuously from January 1, 2010 through December 31, | ||||||
18 | 2024; however, no claim for credit or refund is allowed for | ||||||
19 | taxes paid as a result of the disallowance of this exemption on | ||||||
20 | or after January 1, 2015 and prior to February 5, 2020 (the | ||||||
21 | effective date of Public Act 101-629). | ||||||
22 | (30) Beginning January 1, 2017 and through December 31, | ||||||
23 | 2026, menstrual pads, tampons, and menstrual cups. | ||||||
24 | (31) Tangible personal property transferred to a purchaser | ||||||
25 | who is exempt from tax by operation of federal law. This | ||||||
26 | paragraph is exempt from the provisions of Section 3-55. |
| |||||||
| |||||||
1 | (32) Qualified tangible personal property used in the | ||||||
2 | construction or operation of a data center that has been | ||||||
3 | granted a certificate of exemption by the Department of | ||||||
4 | Commerce and Economic Opportunity, whether that tangible | ||||||
5 | personal property is purchased by the owner, operator, or | ||||||
6 | tenant of the data center or by a contractor or subcontractor | ||||||
7 | of the owner, operator, or tenant. Data centers that would | ||||||
8 | have qualified for a certificate of exemption prior to January | ||||||
9 | 1, 2020 had Public Act 101-31 been in effect, may apply for and | ||||||
10 | obtain an exemption for subsequent purchases of computer | ||||||
11 | equipment or enabling software purchased or leased to upgrade, | ||||||
12 | supplement, or replace computer equipment or enabling software | ||||||
13 | purchased or leased in the original investment that would have | ||||||
14 | qualified. | ||||||
15 | The Department of Commerce and Economic Opportunity shall | ||||||
16 | grant a certificate of exemption under this item (32) to | ||||||
17 | qualified data centers as defined by Section 605-1025 of the | ||||||
18 | Department of Commerce and Economic Opportunity Law of the | ||||||
19 | Civil Administrative Code of Illinois. | ||||||
20 | For the purposes of this item (32): | ||||||
21 | "Data center" means a building or a series of | ||||||
22 | buildings rehabilitated or constructed to house working | ||||||
23 | servers in one physical location or multiple sites within | ||||||
24 | the State of Illinois. | ||||||
25 | "Qualified tangible personal property" means: | ||||||
26 | electrical systems and equipment; climate control and |
| |||||||
| |||||||
1 | chilling equipment and systems; mechanical systems and | ||||||
2 | equipment; monitoring and secure systems; emergency | ||||||
3 | generators; hardware; computers; servers; data storage | ||||||
4 | devices; network connectivity equipment; racks; cabinets; | ||||||
5 | telecommunications cabling infrastructure; raised floor | ||||||
6 | systems; peripheral components or systems; software; | ||||||
7 | mechanical, electrical, or plumbing systems; battery | ||||||
8 | systems; cooling systems and towers; temperature control | ||||||
9 | systems; other cabling; and other data center | ||||||
10 | infrastructure equipment and systems necessary to operate | ||||||
11 | qualified tangible personal property, including fixtures; | ||||||
12 | and component parts of any of the foregoing, including | ||||||
13 | installation, maintenance, repair, refurbishment, and | ||||||
14 | replacement of qualified tangible personal property to | ||||||
15 | generate, transform, transmit, distribute, or manage | ||||||
16 | electricity necessary to operate qualified tangible | ||||||
17 | personal property; and all other tangible personal | ||||||
18 | property that is essential to the operations of a computer | ||||||
19 | data center. The term "qualified tangible personal | ||||||
20 | property" also includes building materials physically | ||||||
21 | incorporated into in to the qualifying data center. To | ||||||
22 | document the exemption allowed under this Section, the | ||||||
23 | retailer must obtain from the purchaser a copy of the | ||||||
24 | certificate of eligibility issued by the Department of | ||||||
25 | Commerce and Economic Opportunity. | ||||||
26 | This item (32) is exempt from the provisions of Section |
| |||||||
| |||||||
1 | 3-55. | ||||||
2 | (33) Beginning July 1, 2022, breast pumps, breast pump | ||||||
3 | collection and storage supplies, and breast pump kits. This | ||||||
4 | item (33) is exempt from the provisions of Section 3-55. As | ||||||
5 | used in this item (33): | ||||||
6 | "Breast pump" means an electrically controlled or | ||||||
7 | manually controlled pump device designed or marketed to be | ||||||
8 | used to express milk from a human breast during lactation, | ||||||
9 | including the pump device and any battery, AC adapter, or | ||||||
10 | other power supply unit that is used to power the pump | ||||||
11 | device and is packaged and sold with the pump device at the | ||||||
12 | time of sale. | ||||||
13 | "Breast pump collection and storage supplies" means | ||||||
14 | items of tangible personal property designed or marketed | ||||||
15 | to be used in conjunction with a breast pump to collect | ||||||
16 | milk expressed from a human breast and to store collected | ||||||
17 | milk until it is ready for consumption. | ||||||
18 | "Breast pump collection and storage supplies" | ||||||
19 | includes, but is not limited to: breast shields and breast | ||||||
20 | shield connectors; breast pump tubes and tubing adapters; | ||||||
21 | breast pump valves and membranes; backflow protectors and | ||||||
22 | backflow protector adaptors; bottles and bottle caps | ||||||
23 | specific to the operation of the breast pump; and breast | ||||||
24 | milk storage bags. | ||||||
25 | "Breast pump collection and storage supplies" does not | ||||||
26 | include: (1) bottles and bottle caps not specific to the |
| |||||||
| |||||||
1 | operation of the breast pump; (2) breast pump travel bags | ||||||
2 | and other similar carrying accessories, including ice | ||||||
3 | packs, labels, and other similar products; (3) breast pump | ||||||
4 | cleaning supplies; (4) nursing bras, bra pads, breast | ||||||
5 | shells, and other similar products; and (5) creams, | ||||||
6 | ointments, and other similar products that relieve | ||||||
7 | breastfeeding-related symptoms or conditions of the | ||||||
8 | breasts or nipples, unless sold as part of a breast pump | ||||||
9 | kit that is pre-packaged by the breast pump manufacturer | ||||||
10 | or distributor. | ||||||
11 | "Breast pump kit" means a kit that: (1) contains no | ||||||
12 | more than a breast pump, breast pump collection and | ||||||
13 | storage supplies, a rechargeable battery for operating the | ||||||
14 | breast pump, a breastmilk cooler, bottle stands, ice | ||||||
15 | packs, and a breast pump carrying case; and (2) is | ||||||
16 | pre-packaged as a breast pump kit by the breast pump | ||||||
17 | manufacturer or distributor. | ||||||
18 | (34) Tangible personal property sold by or on behalf of | ||||||
19 | the State Treasurer pursuant to the Revised Uniform Unclaimed | ||||||
20 | Property Act. This item (34) is exempt from the provisions of | ||||||
21 | Section 3-55. | ||||||
22 | (35) Beginning on January 1, 2024, tangible personal | ||||||
23 | property purchased by an active duty member of the armed | ||||||
24 | forces of the United States who presents valid military | ||||||
25 | identification and purchases the property using a form of | ||||||
26 | payment where the federal government is the payor. The member |
| |||||||
| |||||||
1 | of the armed forces must complete, at the point of sale, a form | ||||||
2 | prescribed by the Department of Revenue documenting that the | ||||||
3 | transaction is eligible for the exemption under this | ||||||
4 | paragraph. Retailers must keep the form as documentation of | ||||||
5 | the exemption in their records for a period of not less than 6 | ||||||
6 | years. "Armed forces of the United States" means the United | ||||||
7 | States Army, Navy, Air Force, Marine Corps, or Coast Guard. | ||||||
8 | This paragraph is exempt from the provisions of Section 3-55. | ||||||
9 | (Source: P.A. 102-16, eff. 6-17-21; 102-700, Article 70, | ||||||
10 | Section 70-15, eff. 4-19-22; 102-700, Article 75, Section | ||||||
11 | 75-15, eff. 4-19-22; 102-1026, eff. 5-27-22; 103-9, Article 5, | ||||||
12 | Section 5-15, eff. 6-7-23; 103-9, Article 15, Section 15-15, | ||||||
13 | eff. 6-7-23; 103-154, eff. 6-30-23; 103-384, eff. 1-1-24; | ||||||
14 | revised 12-12-23.)
| ||||||
15 | (35 ILCS 115/9) (from Ch. 120, par. 439.109) | ||||||
16 | Sec. 9. Each serviceman required or authorized to collect | ||||||
17 | the tax herein imposed shall pay to the Department the amount | ||||||
18 | of such tax at the time when he is required to file his return | ||||||
19 | for the period during which such tax was collectible, less a | ||||||
20 | discount of 2.1% prior to January 1, 1990, and 1.75% on and | ||||||
21 | after January 1, 1990, or $5 per calendar year, whichever is | ||||||
22 | greater, which is allowed to reimburse the serviceman for | ||||||
23 | expenses incurred in collecting the tax, keeping records, | ||||||
24 | preparing and filing returns, remitting the tax , and supplying | ||||||
25 | data to the Department on request. When determining the |
| |||||||
| |||||||
1 | discount allowed under this Section, servicemen shall include | ||||||
2 | the amount of tax that would have been due at the 1% rate but | ||||||
3 | for the 0% rate imposed under Public Act 102-700 this | ||||||
4 | amendatory Act of the 102nd General Assembly . The discount | ||||||
5 | under this Section is not allowed for the 1.25% portion of | ||||||
6 | taxes paid on aviation fuel that is subject to the revenue use | ||||||
7 | requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133. The | ||||||
8 | discount allowed under this Section is allowed only for | ||||||
9 | returns that are filed in the manner required by this Act. The | ||||||
10 | Department may disallow the discount for servicemen whose | ||||||
11 | certificate of registration is revoked at the time the return | ||||||
12 | is filed, but only if the Department's decision to revoke the | ||||||
13 | certificate of registration has become final. | ||||||
14 | Where such tangible personal property is sold under a | ||||||
15 | conditional sales contract, or under any other form of sale | ||||||
16 | wherein the payment of the principal sum, or a part thereof, is | ||||||
17 | extended beyond the close of the period for which the return is | ||||||
18 | filed, the serviceman, in collecting the tax may collect, for | ||||||
19 | each tax return period, only the tax applicable to the part of | ||||||
20 | the selling price actually received during such tax return | ||||||
21 | period. | ||||||
22 | Except as provided hereinafter in this Section, on or | ||||||
23 | before the twentieth day of each calendar month, such | ||||||
24 | serviceman shall file a return for the preceding calendar | ||||||
25 | month in accordance with reasonable rules and regulations to | ||||||
26 | be promulgated by the Department of Revenue. Such return shall |
| |||||||
| |||||||
1 | be filed on a form prescribed by the Department and shall | ||||||
2 | contain such information as the Department may reasonably | ||||||
3 | require. The return shall include the gross receipts which | ||||||
4 | were received during the preceding calendar month or quarter | ||||||
5 | on the following items upon which tax would have been due but | ||||||
6 | for the 0% rate imposed under Public Act 102-700 this | ||||||
7 | amendatory Act of the 102nd General Assembly : (i) food for | ||||||
8 | human consumption that is to be consumed off the premises | ||||||
9 | where it is sold (other than alcoholic beverages, food | ||||||
10 | consisting of or infused with adult use cannabis, soft drinks, | ||||||
11 | and food that has been prepared for immediate consumption); | ||||||
12 | and (ii) food prepared for immediate consumption and | ||||||
13 | transferred incident to a sale of service subject to this Act | ||||||
14 | or the Service Use Tax Act by an entity licensed under the | ||||||
15 | Hospital Licensing Act, the Nursing Home Care Act, the | ||||||
16 | Assisted Living and Shared Housing Act, the ID/DD Community | ||||||
17 | Care Act, the MC/DD Act, the Specialized Mental Health | ||||||
18 | Rehabilitation Act of 2013, or the Child Care Act of 1969, or | ||||||
19 | an entity that holds a permit issued pursuant to the Life Care | ||||||
20 | Facilities Act. The return shall also include the amount of | ||||||
21 | tax that would have been due on the items listed in the | ||||||
22 | previous sentence but for the 0% rate imposed under Public Act | ||||||
23 | 102-700 this amendatory Act of the 102nd General Assembly . | ||||||
24 | On and after January 1, 2018, with respect to servicemen | ||||||
25 | whose annual gross receipts average $20,000 or more, all | ||||||
26 | returns required to be filed pursuant to this Act shall be |
| |||||||
| |||||||
1 | filed electronically. Servicemen who demonstrate that they do | ||||||
2 | not have access to the Internet or demonstrate hardship in | ||||||
3 | filing electronically may petition the Department to waive the | ||||||
4 | electronic filing requirement. | ||||||
5 | The Department may require returns to be filed on a | ||||||
6 | quarterly basis. If so required, a return for each calendar | ||||||
7 | quarter shall be filed on or before the twentieth day of the | ||||||
8 | calendar month following the end of such calendar quarter. The | ||||||
9 | taxpayer shall also file a return with the Department for each | ||||||
10 | of the first two months of each calendar quarter, on or before | ||||||
11 | the twentieth day of the following calendar month, stating: | ||||||
12 | 1. The name of the seller; | ||||||
13 | 2. The address of the principal place of business from | ||||||
14 | which he engages in business as a serviceman in this | ||||||
15 | State; | ||||||
16 | 3. The total amount of taxable receipts received by | ||||||
17 | him during the preceding calendar month, including | ||||||
18 | receipts from charge and time sales, but less all | ||||||
19 | deductions allowed by law; | ||||||
20 | 4. The amount of credit provided in Section 2d of this | ||||||
21 | Act; | ||||||
22 | 5. The amount of tax due; | ||||||
23 | 5-5. The signature of the taxpayer; and | ||||||
24 | 6. Such other reasonable information as the Department | ||||||
25 | may require. | ||||||
26 | Each serviceman required or authorized to collect the tax |
| |||||||
| |||||||
1 | herein imposed on aviation fuel acquired as an incident to the | ||||||
2 | purchase of a service in this State during the preceding | ||||||
3 | calendar month shall, instead of reporting and paying tax as | ||||||
4 | otherwise required by this Section, report and pay such tax on | ||||||
5 | a separate aviation fuel tax return. The requirements related | ||||||
6 | to the return shall be as otherwise provided in this Section. | ||||||
7 | Notwithstanding any other provisions of this Act to the | ||||||
8 | contrary, servicemen transferring aviation fuel incident to | ||||||
9 | sales of service shall file all aviation fuel tax returns and | ||||||
10 | shall make all aviation fuel tax payments by electronic means | ||||||
11 | in the manner and form required by the Department. For | ||||||
12 | purposes of this Section, "aviation fuel" means jet fuel and | ||||||
13 | aviation gasoline. | ||||||
14 | If a taxpayer fails to sign a return within 30 days after | ||||||
15 | the proper notice and demand for signature by the Department, | ||||||
16 | the return shall be considered valid and any amount shown to be | ||||||
17 | due on the return shall be deemed assessed. | ||||||
18 | Notwithstanding any other provision of this Act to the | ||||||
19 | contrary, servicemen subject to tax on cannabis shall file all | ||||||
20 | cannabis tax returns and shall make all cannabis tax payments | ||||||
21 | by electronic means in the manner and form required by the | ||||||
22 | Department. | ||||||
23 | Prior to October 1, 2003, and on and after September 1, | ||||||
24 | 2004 a serviceman may accept a Manufacturer's Purchase Credit | ||||||
25 | certification from a purchaser in satisfaction of Service Use | ||||||
26 | Tax as provided in Section 3-70 of the Service Use Tax Act if |
| |||||||
| |||||||
1 | the purchaser provides the appropriate documentation as | ||||||
2 | required by Section 3-70 of the Service Use Tax Act. A | ||||||
3 | Manufacturer's Purchase Credit certification, accepted prior | ||||||
4 | to October 1, 2003 or on or after September 1, 2004 by a | ||||||
5 | serviceman as provided in Section 3-70 of the Service Use Tax | ||||||
6 | Act, may be used by that serviceman to satisfy Service | ||||||
7 | Occupation Tax liability in the amount claimed in the | ||||||
8 | certification, not to exceed 6.25% of the receipts subject to | ||||||
9 | tax from a qualifying purchase. A Manufacturer's Purchase | ||||||
10 | Credit reported on any original or amended return filed under | ||||||
11 | this Act after October 20, 2003 for reporting periods prior to | ||||||
12 | September 1, 2004 shall be disallowed. Manufacturer's Purchase | ||||||
13 | Credit reported on annual returns due on or after January 1, | ||||||
14 | 2005 will be disallowed for periods prior to September 1, | ||||||
15 | 2004. No Manufacturer's Purchase Credit may be used after | ||||||
16 | September 30, 2003 through August 31, 2004 to satisfy any tax | ||||||
17 | liability imposed under this Act, including any audit | ||||||
18 | liability. | ||||||
19 | Beginning on July 1, 2023 and through December 31, 2032, a | ||||||
20 | serviceman may accept a Sustainable Aviation Fuel Purchase | ||||||
21 | Credit certification from an air common carrier-purchaser in | ||||||
22 | satisfaction of Service Use Tax as provided in Section 3-72 of | ||||||
23 | the Service Use Tax Act if the purchaser provides the | ||||||
24 | appropriate documentation as required by Section 3-72 of the | ||||||
25 | Service Use Tax Act. A Sustainable Aviation Fuel Purchase | ||||||
26 | Credit certification accepted by a serviceman in accordance |
| |||||||
| |||||||
1 | with this paragraph may be used by that serviceman to satisfy | ||||||
2 | service occupation tax liability (but not in satisfaction of | ||||||
3 | penalty or interest) in the amount claimed in the | ||||||
4 | certification, not to exceed 6.25% of the receipts subject to | ||||||
5 | tax from a sale of aviation fuel. In addition, for a sale of | ||||||
6 | aviation fuel to qualify to earn the Sustainable Aviation Fuel | ||||||
7 | Purchase Credit, servicemen must retain in their books and | ||||||
8 | records a certification from the producer of the aviation fuel | ||||||
9 | that the aviation fuel sold by the serviceman and for which a | ||||||
10 | sustainable aviation fuel purchase credit was earned meets the | ||||||
11 | definition of sustainable aviation fuel under Section 3-72 of | ||||||
12 | the Service Use Tax Act. The documentation must include detail | ||||||
13 | sufficient for the Department to determine the number of | ||||||
14 | gallons of sustainable aviation fuel sold. | ||||||
15 | If the serviceman's average monthly tax liability to the | ||||||
16 | Department does not exceed $200, the Department may authorize | ||||||
17 | his returns to be filed on a quarter annual basis, with the | ||||||
18 | return for January, February , and March of a given year being | ||||||
19 | due by April 20 of such year; with the return for April, May , | ||||||
20 | and June of a given year being due by July 20 of such year; | ||||||
21 | with the return for July, August , and September of a given year | ||||||
22 | being due by October 20 of such year, and with the return for | ||||||
23 | October, November , and December of a given year being due by | ||||||
24 | January 20 of the following year. | ||||||
25 | If the serviceman's average monthly tax liability to the | ||||||
26 | Department does not exceed $50, the Department may authorize |
| |||||||
| |||||||
1 | his returns to be filed on an annual basis, with the return for | ||||||
2 | a given year being due by January 20 of the following year. | ||||||
3 | Such quarter annual and annual returns, as to form and | ||||||
4 | substance, shall be subject to the same requirements as | ||||||
5 | monthly returns. | ||||||
6 | Notwithstanding any other provision in this Act concerning | ||||||
7 | the time within which a serviceman may file his return, in the | ||||||
8 | case of any serviceman who ceases to engage in a kind of | ||||||
9 | business which makes him responsible for filing returns under | ||||||
10 | this Act, such serviceman shall file a final return under this | ||||||
11 | Act with the Department not more than one 1 month after | ||||||
12 | discontinuing such business. | ||||||
13 | Beginning October 1, 1993, a taxpayer who has an average | ||||||
14 | monthly tax liability of $150,000 or more shall make all | ||||||
15 | payments required by rules of the Department by electronic | ||||||
16 | funds transfer. Beginning October 1, 1994, a taxpayer who has | ||||||
17 | an average monthly tax liability of $100,000 or more shall | ||||||
18 | make all payments required by rules of the Department by | ||||||
19 | electronic funds transfer. Beginning October 1, 1995, a | ||||||
20 | taxpayer who has an average monthly tax liability of $50,000 | ||||||
21 | or more shall make all payments required by rules of the | ||||||
22 | Department by electronic funds transfer. Beginning October 1, | ||||||
23 | 2000, a taxpayer who has an annual tax liability of $200,000 or | ||||||
24 | more shall make all payments required by rules of the | ||||||
25 | Department by electronic funds transfer. The term "annual tax | ||||||
26 | liability" shall be the sum of the taxpayer's liabilities |
| |||||||
| |||||||
1 | under this Act, and under all other State and local occupation | ||||||
2 | and use tax laws administered by the Department, for the | ||||||
3 | immediately preceding calendar year. The term "average monthly | ||||||
4 | tax liability" means the sum of the taxpayer's liabilities | ||||||
5 | under this Act, and under all other State and local occupation | ||||||
6 | and use tax laws administered by the Department, for the | ||||||
7 | immediately preceding calendar year divided by 12. Beginning | ||||||
8 | on October 1, 2002, a taxpayer who has a tax liability in the | ||||||
9 | amount set forth in subsection (b) of Section 2505-210 of the | ||||||
10 | Department of Revenue Law shall make all payments required by | ||||||
11 | rules of the Department by electronic funds transfer. | ||||||
12 | Before August 1 of each year beginning in 1993, the | ||||||
13 | Department shall notify all taxpayers required to make | ||||||
14 | payments by electronic funds transfer. All taxpayers required | ||||||
15 | to make payments by electronic funds transfer shall make those | ||||||
16 | payments for a minimum of one year beginning on October 1. | ||||||
17 | Any taxpayer not required to make payments by electronic | ||||||
18 | funds transfer may make payments by electronic funds transfer | ||||||
19 | with the permission of the Department. | ||||||
20 | All taxpayers required to make payment by electronic funds | ||||||
21 | transfer and any taxpayers authorized to voluntarily make | ||||||
22 | payments by electronic funds transfer shall make those | ||||||
23 | payments in the manner authorized by the Department. | ||||||
24 | The Department shall adopt such rules as are necessary to | ||||||
25 | effectuate a program of electronic funds transfer and the | ||||||
26 | requirements of this Section. |
| |||||||
| |||||||
1 | Where a serviceman collects the tax with respect to the | ||||||
2 | selling price of tangible personal property which he sells and | ||||||
3 | the purchaser thereafter returns such tangible personal | ||||||
4 | property and the serviceman refunds the selling price thereof | ||||||
5 | to the purchaser, such serviceman shall also refund, to the | ||||||
6 | purchaser, the tax so collected from the purchaser. When | ||||||
7 | filing his return for the period in which he refunds such tax | ||||||
8 | to the purchaser, the serviceman may deduct the amount of the | ||||||
9 | tax so refunded by him to the purchaser from any other Service | ||||||
10 | Occupation Tax, Service Use Tax, Retailers' Occupation Tax , or | ||||||
11 | Use Tax which such serviceman may be required to pay or remit | ||||||
12 | to the Department, as shown by such return, provided that the | ||||||
13 | amount of the tax to be deducted shall previously have been | ||||||
14 | remitted to the Department by such serviceman. If the | ||||||
15 | serviceman shall not previously have remitted the amount of | ||||||
16 | such tax to the Department, he shall be entitled to no | ||||||
17 | deduction hereunder upon refunding such tax to the purchaser. | ||||||
18 | If experience indicates such action to be practicable, the | ||||||
19 | Department may prescribe and furnish a combination or joint | ||||||
20 | return which will enable servicemen, who are required to file | ||||||
21 | returns hereunder and also under the Retailers' Occupation Tax | ||||||
22 | Act, the Use Tax Act , or the Service Use Tax Act, to furnish | ||||||
23 | all the return information required by all said Acts on the one | ||||||
24 | form. | ||||||
25 | Where the serviceman has more than one business registered | ||||||
26 | with the Department under separate registrations hereunder, |
| |||||||
| |||||||
1 | such serviceman shall file separate returns for each | ||||||
2 | registered business. | ||||||
3 | Beginning January 1, 1990, each month the Department shall | ||||||
4 | pay into the Local Government Tax Fund the revenue realized | ||||||
5 | for the preceding month from the 1% tax imposed under this Act. | ||||||
6 | Beginning January 1, 1990, each month the Department shall | ||||||
7 | pay into the County and Mass Transit District Fund 4% of the | ||||||
8 | revenue realized for the preceding month from the 6.25% | ||||||
9 | general rate on sales of tangible personal property other than | ||||||
10 | aviation fuel sold on or after December 1, 2019. This | ||||||
11 | exception for aviation fuel only applies for so long as the | ||||||
12 | revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C. | ||||||
13 | 47133 are binding on the State. | ||||||
14 | Beginning August 1, 2000, each month the Department shall | ||||||
15 | pay into the County and Mass Transit District Fund 20% of the | ||||||
16 | net revenue realized for the preceding month from the 1.25% | ||||||
17 | rate on the selling price of motor fuel and gasohol. | ||||||
18 | Beginning January 1, 1990, each month the Department shall | ||||||
19 | pay into the Local Government Tax Fund 16% of the revenue | ||||||
20 | realized for the preceding month from the 6.25% general rate | ||||||
21 | on transfers of tangible personal property other than aviation | ||||||
22 | fuel sold on or after December 1, 2019. This exception for | ||||||
23 | aviation fuel only applies for so long as the revenue use | ||||||
24 | requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133 are | ||||||
25 | binding on the State. | ||||||
26 | For aviation fuel sold on or after December 1, 2019, each |
| |||||||
| |||||||
1 | month the Department shall pay into the State Aviation Program | ||||||
2 | Fund 20% of the net revenue realized for the preceding month | ||||||
3 | from the 6.25% general rate on the selling price of aviation | ||||||
4 | fuel, less an amount estimated by the Department to be | ||||||
5 | required for refunds of the 20% portion of the tax on aviation | ||||||
6 | fuel under this Act, which amount shall be deposited into the | ||||||
7 | Aviation Fuel Sales Tax Refund Fund. The Department shall only | ||||||
8 | pay moneys into the State Aviation Program Fund and the | ||||||
9 | Aviation Fuel Sales Tax Refund Fund under this Act for so long | ||||||
10 | as the revenue use requirements of 49 U.S.C. 47107(b) and 49 | ||||||
11 | U.S.C. 47133 are binding on the State. | ||||||
12 | Beginning August 1, 2000, each month the Department shall | ||||||
13 | pay into the Local Government Tax Fund 80% of the net revenue | ||||||
14 | realized for the preceding month from the 1.25% rate on the | ||||||
15 | selling price of motor fuel and gasohol. | ||||||
16 | Beginning October 1, 2009, each month the Department shall | ||||||
17 | pay into the Capital Projects Fund an amount that is equal to | ||||||
18 | an amount estimated by the Department to represent 80% of the | ||||||
19 | net revenue realized for the preceding month from the sale of | ||||||
20 | candy, grooming and hygiene products, and soft drinks that had | ||||||
21 | been taxed at a rate of 1% prior to September 1, 2009 but that | ||||||
22 | are now taxed at 6.25%. | ||||||
23 | Beginning July 1, 2013, each month the Department shall | ||||||
24 | pay into the Underground Storage Tank Fund from the proceeds | ||||||
25 | collected under this Act, the Use Tax Act, the Service Use Tax | ||||||
26 | Act, and the Retailers' Occupation Tax Act an amount equal to |
| |||||||
| |||||||
1 | the average monthly deficit in the Underground Storage Tank | ||||||
2 | Fund during the prior year, as certified annually by the | ||||||
3 | Illinois Environmental Protection Agency, but the total | ||||||
4 | payment into the Underground Storage Tank Fund under this Act, | ||||||
5 | the Use Tax Act, the Service Use Tax Act, and the Retailers' | ||||||
6 | Occupation Tax Act shall not exceed $18,000,000 in any State | ||||||
7 | fiscal year. As used in this paragraph, the "average monthly | ||||||
8 | deficit" shall be equal to the difference between the average | ||||||
9 | monthly claims for payment by the fund and the average monthly | ||||||
10 | revenues deposited into the fund, excluding payments made | ||||||
11 | pursuant to this paragraph. | ||||||
12 | Beginning July 1, 2015, of the remainder of the moneys | ||||||
13 | received by the Department under the Use Tax Act, the Service | ||||||
14 | Use Tax Act, this Act, and the Retailers' Occupation Tax Act, | ||||||
15 | each month the Department shall deposit $500,000 into the | ||||||
16 | State Crime Laboratory Fund. | ||||||
17 | Of the remainder of the moneys received by the Department | ||||||
18 | pursuant to this Act, (a) 1.75% thereof shall be paid into the | ||||||
19 | Build Illinois Fund and (b) prior to July 1, 1989, 2.2% and on | ||||||
20 | and after July 1, 1989, 3.8% thereof shall be paid into the | ||||||
21 | Build Illinois Fund; provided, however, that if in any fiscal | ||||||
22 | year the sum of (1) the aggregate of 2.2% or 3.8%, as the case | ||||||
23 | may be, of the moneys received by the Department and required | ||||||
24 | to be paid into the Build Illinois Fund pursuant to Section 3 | ||||||
25 | of the Retailers' Occupation Tax Act, Section 9 of the Use Tax | ||||||
26 | Act, Section 9 of the Service Use Tax Act, and Section 9 of the |
| |||||||
| |||||||
1 | Service Occupation Tax Act, such Acts being hereinafter called | ||||||
2 | the "Tax Acts" and such aggregate of 2.2% or 3.8%, as the case | ||||||
3 | may be, of moneys being hereinafter called the "Tax Act | ||||||
4 | Amount", and (2) the amount transferred to the Build Illinois | ||||||
5 | Fund from the State and Local Sales Tax Reform Fund shall be | ||||||
6 | less than the Annual Specified Amount (as defined in Section 3 | ||||||
7 | of the Retailers' Occupation Tax Act), an amount equal to the | ||||||
8 | difference shall be immediately paid into the Build Illinois | ||||||
9 | Fund from other moneys received by the Department pursuant to | ||||||
10 | the Tax Acts; and further provided, that if on the last | ||||||
11 | business day of any month the sum of (1) the Tax Act Amount | ||||||
12 | required to be deposited into the Build Illinois Account in | ||||||
13 | the Build Illinois Fund during such month and (2) the amount | ||||||
14 | transferred during such month to the Build Illinois Fund from | ||||||
15 | the State and Local Sales Tax Reform Fund shall have been less | ||||||
16 | than 1/12 of the Annual Specified Amount, an amount equal to | ||||||
17 | the difference shall be immediately paid into the Build | ||||||
18 | Illinois Fund from other moneys received by the Department | ||||||
19 | pursuant to the Tax Acts; and, further provided, that in no | ||||||
20 | event shall the payments required under the preceding proviso | ||||||
21 | result in aggregate payments into the Build Illinois Fund | ||||||
22 | pursuant to this clause (b) for any fiscal year in excess of | ||||||
23 | the greater of (i) the Tax Act Amount or (ii) the Annual | ||||||
24 | Specified Amount for such fiscal year; and, further provided, | ||||||
25 | that the amounts payable into the Build Illinois Fund under | ||||||
26 | this clause (b) shall be payable only until such time as the |
| |||||||
| |||||||
1 | aggregate amount on deposit under each trust indenture | ||||||
2 | securing Bonds issued and outstanding pursuant to the Build | ||||||
3 | Illinois Bond Act is sufficient, taking into account any | ||||||
4 | future investment income, to fully provide, in accordance with | ||||||
5 | such indenture, for the defeasance of or the payment of the | ||||||
6 | principal of, premium, if any, and interest on the Bonds | ||||||
7 | secured by such indenture and on any Bonds expected to be | ||||||
8 | issued thereafter and all fees and costs payable with respect | ||||||
9 | thereto, all as certified by the Director of the Bureau of the | ||||||
10 | Budget (now Governor's Office of Management and Budget). If on | ||||||
11 | the last business day of any month in which Bonds are | ||||||
12 | outstanding pursuant to the Build Illinois Bond Act, the | ||||||
13 | aggregate of the moneys deposited in the Build Illinois Bond | ||||||
14 | Account in the Build Illinois Fund in such month shall be less | ||||||
15 | than the amount required to be transferred in such month from | ||||||
16 | the Build Illinois Bond Account to the Build Illinois Bond | ||||||
17 | Retirement and Interest Fund pursuant to Section 13 of the | ||||||
18 | Build Illinois Bond Act, an amount equal to such deficiency | ||||||
19 | shall be immediately paid from other moneys received by the | ||||||
20 | Department pursuant to the Tax Acts to the Build Illinois | ||||||
21 | Fund; provided, however, that any amounts paid to the Build | ||||||
22 | Illinois Fund in any fiscal year pursuant to this sentence | ||||||
23 | shall be deemed to constitute payments pursuant to clause (b) | ||||||
24 | of the preceding sentence and shall reduce the amount | ||||||
25 | otherwise payable for such fiscal year pursuant to clause (b) | ||||||
26 | of the preceding sentence. The moneys received by the |
| |||||||||||||||||||||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||||||||||||||||||||
1 | Department pursuant to this Act and required to be deposited | ||||||||||||||||||||||||||||||||||||||||||||||
2 | into the Build Illinois Fund are subject to the pledge, claim | ||||||||||||||||||||||||||||||||||||||||||||||
3 | and charge set forth in Section 12 of the Build Illinois Bond | ||||||||||||||||||||||||||||||||||||||||||||||
4 | Act. | ||||||||||||||||||||||||||||||||||||||||||||||
5 | Subject to payment of amounts into the Build Illinois Fund | ||||||||||||||||||||||||||||||||||||||||||||||
6 | as provided in the preceding paragraph or in any amendment | ||||||||||||||||||||||||||||||||||||||||||||||
7 | thereto hereafter enacted, the following specified monthly | ||||||||||||||||||||||||||||||||||||||||||||||
8 | installment of the amount requested in the certificate of the | ||||||||||||||||||||||||||||||||||||||||||||||
9 | Chairman of the Metropolitan Pier and Exposition Authority | ||||||||||||||||||||||||||||||||||||||||||||||
10 | provided under Section 8.25f of the State Finance Act, but not | ||||||||||||||||||||||||||||||||||||||||||||||
11 | in excess of the sums designated as "Total Deposit", shall be | ||||||||||||||||||||||||||||||||||||||||||||||
12 | deposited in the aggregate from collections under Section 9 of | ||||||||||||||||||||||||||||||||||||||||||||||
13 | the Use Tax Act, Section 9 of the Service Use Tax Act, Section | ||||||||||||||||||||||||||||||||||||||||||||||
14 | 9 of the Service Occupation Tax Act, and Section 3 of the | ||||||||||||||||||||||||||||||||||||||||||||||
15 | Retailers' Occupation Tax Act into the McCormick Place | ||||||||||||||||||||||||||||||||||||||||||||||
16 | Expansion Project Fund in the specified fiscal years.
| ||||||||||||||||||||||||||||||||||||||||||||||
|
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
19 | Beginning July 20, 1993 and in each month of each fiscal | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
20 | year thereafter, one-eighth of the amount requested in the | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
21 | certificate of the Chairman of the Metropolitan Pier and | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
22 | Exposition Authority for that fiscal year, less the amount | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
23 | deposited into the McCormick Place Expansion Project Fund by | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
24 | the State Treasurer in the respective month under subsection | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
25 | (g) of Section 13 of the Metropolitan Pier and Exposition | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
26 | Authority Act, plus cumulative deficiencies in the deposits |
| |||||||
| |||||||
1 | required under this Section for previous months and years, | ||||||
2 | shall be deposited into the McCormick Place Expansion Project | ||||||
3 | Fund, until the full amount requested for the fiscal year, but | ||||||
4 | not in excess of the amount specified above as "Total | ||||||
5 | Deposit", has been deposited. | ||||||
6 | Subject to payment of amounts into the Capital Projects | ||||||
7 | Fund, the Build Illinois Fund, and the McCormick Place | ||||||
8 | Expansion Project Fund pursuant to the preceding paragraphs or | ||||||
9 | in any amendments thereto hereafter enacted, for aviation fuel | ||||||
10 | sold on or after December 1, 2019, the Department shall each | ||||||
11 | month deposit into the Aviation Fuel Sales Tax Refund Fund an | ||||||
12 | amount estimated by the Department to be required for refunds | ||||||
13 | of the 80% portion of the tax on aviation fuel under this Act. | ||||||
14 | The Department shall only deposit moneys into the Aviation | ||||||
15 | Fuel Sales Tax Refund Fund under this paragraph for so long as | ||||||
16 | the revenue use requirements of 49 U.S.C. 47107(b) and 49 | ||||||
17 | U.S.C. 47133 are binding on the State. | ||||||
18 | Subject to payment of amounts into the Build Illinois Fund | ||||||
19 | and the McCormick Place Expansion Project Fund pursuant to the | ||||||
20 | preceding paragraphs or in any amendments thereto hereafter | ||||||
21 | enacted, beginning July 1, 1993 and ending on September 30, | ||||||
22 | 2013, the Department shall each month pay into the Illinois | ||||||
23 | Tax Increment Fund 0.27% of 80% of the net revenue realized for | ||||||
24 | the preceding month from the 6.25% general rate on the selling | ||||||
25 | price of tangible personal property. | ||||||
26 | Subject to payment of amounts into the Build Illinois |
| |||||||
| |||||||
1 | Fund, the McCormick Place Expansion Project Fund, and the | ||||||
2 | Illinois Tax Increment Fund pursuant to the preceding | ||||||
3 | paragraphs or in any amendments to this Section hereafter | ||||||
4 | enacted, beginning on the first day of the first calendar | ||||||
5 | month to occur on or after August 26, 2014 (the effective date | ||||||
6 | of Public Act 98-1098), each month, from the collections made | ||||||
7 | under Section 9 of the Use Tax Act, Section 9 of the Service | ||||||
8 | Use Tax Act, Section 9 of the Service Occupation Tax Act, and | ||||||
9 | Section 3 of the Retailers' Occupation Tax Act, the Department | ||||||
10 | shall pay into the Tax Compliance and Administration Fund, to | ||||||
11 | be used, subject to appropriation, to fund additional auditors | ||||||
12 | and compliance personnel at the Department of Revenue, an | ||||||
13 | amount equal to 1/12 of 5% of 80% of the cash receipts | ||||||
14 | collected during the preceding fiscal year by the Audit Bureau | ||||||
15 | of the Department under the Use Tax Act, the Service Use Tax | ||||||
16 | Act, the Service Occupation Tax Act, the Retailers' Occupation | ||||||
17 | Tax Act, and associated local occupation and use taxes | ||||||
18 | administered by the Department. | ||||||
19 | Subject to payments of amounts into the Build Illinois | ||||||
20 | Fund, the McCormick Place Expansion Project Fund, the Illinois | ||||||
21 | Tax Increment Fund, and the Tax Compliance and Administration | ||||||
22 | Fund as provided in this Section, beginning on July 1, 2018 the | ||||||
23 | Department shall pay each month into the Downstate Public | ||||||
24 | Transportation Fund the moneys required to be so paid under | ||||||
25 | Section 2-3 of the Downstate Public Transportation Act. | ||||||
26 | Subject to successful execution and delivery of a |
| |||||||
| |||||||
1 | public-private agreement between the public agency and private | ||||||
2 | entity and completion of the civic build, beginning on July 1, | ||||||
3 | 2023, of the remainder of the moneys received by the | ||||||
4 | Department under the Use Tax Act, the Service Use Tax Act, the | ||||||
5 | Service Occupation Tax Act, and this Act, the Department shall | ||||||
6 | deposit the following specified deposits in the aggregate from | ||||||
7 | collections under the Use Tax Act, the Service Use Tax Act, the | ||||||
8 | Service Occupation Tax Act, and the Retailers' Occupation Tax | ||||||
9 | Act, as required under Section 8.25g of the State Finance Act | ||||||
10 | for distribution consistent with the Public-Private | ||||||
11 | Partnership for Civic and Transit Infrastructure Project Act. | ||||||
12 | The moneys received by the Department pursuant to this Act and | ||||||
13 | required to be deposited into the Civic and Transit | ||||||
14 | Infrastructure Fund are subject to the pledge, claim and | ||||||
15 | charge set forth in Section 25-55 of the Public-Private | ||||||
16 | Partnership for Civic and Transit Infrastructure Project Act. | ||||||
17 | As used in this paragraph, "civic build", "private entity", | ||||||
18 | "public-private agreement", and "public agency" have the | ||||||
19 | meanings provided in Section 25-10 of the Public-Private | ||||||
20 | Partnership for Civic and Transit Infrastructure Project Act. | ||||||
21 | Fiscal Year ............................Total Deposit | ||||||
22 | 2024 ....................................$200,000,000 | ||||||
23 | 2025 ....................................$206,000,000 | ||||||
24 | 2026 ....................................$212,200,000 | ||||||
25 | 2027 ....................................$218,500,000 | ||||||
26 | 2028 ....................................$225,100,000 |
| |||||||
| |||||||
1 | 2029 ....................................$288,700,000 | ||||||
2 | 2030 ....................................$298,900,000 | ||||||
3 | 2031 ....................................$309,300,000 | ||||||
4 | 2032 ....................................$320,100,000 | ||||||
5 | 2033 ....................................$331,200,000 | ||||||
6 | 2034 ....................................$341,200,000 | ||||||
7 | 2035 ....................................$351,400,000 | ||||||
8 | 2036 ....................................$361,900,000 | ||||||
9 | 2037 ....................................$372,800,000 | ||||||
10 | 2038 ....................................$384,000,000 | ||||||
11 | 2039 ....................................$395,500,000 | ||||||
12 | 2040 ....................................$407,400,000 | ||||||
13 | 2041 ....................................$419,600,000 | ||||||
14 | 2042 ....................................$432,200,000 | ||||||
15 | 2043 ....................................$445,100,000 | ||||||
16 | Beginning July 1, 2021 and until July 1, 2022, subject to | ||||||
17 | the payment of amounts into the County and Mass Transit | ||||||
18 | District Fund, the Local Government Tax Fund, the Build | ||||||
19 | Illinois Fund, the McCormick Place Expansion Project Fund, the | ||||||
20 | Illinois Tax Increment Fund, and the Tax Compliance and | ||||||
21 | Administration Fund as provided in this Section, the | ||||||
22 | Department shall pay each month into the Road Fund the amount | ||||||
23 | estimated to represent 16% of the net revenue realized from | ||||||
24 | the taxes imposed on motor fuel and gasohol. Beginning July 1, | ||||||
25 | 2022 and until July 1, 2023, subject to the payment of amounts | ||||||
26 | into the County and Mass Transit District Fund, the Local |
| |||||||
| |||||||
1 | Government Tax Fund, the Build Illinois Fund, the McCormick | ||||||
2 | Place Expansion Project Fund, the Illinois Tax Increment Fund, | ||||||
3 | and the Tax Compliance and Administration Fund as provided in | ||||||
4 | this Section, the Department shall pay each month into the | ||||||
5 | Road Fund the amount estimated to represent 32% of the net | ||||||
6 | revenue realized from the taxes imposed on motor fuel and | ||||||
7 | gasohol. Beginning July 1, 2023 and until July 1, 2024, | ||||||
8 | subject to the payment of amounts into the County and Mass | ||||||
9 | Transit District Fund, the Local Government Tax Fund, the | ||||||
10 | Build Illinois Fund, the McCormick Place Expansion Project | ||||||
11 | Fund, the Illinois Tax Increment Fund, and the Tax Compliance | ||||||
12 | and Administration Fund as provided in this Section, the | ||||||
13 | Department shall pay each month into the Road Fund the amount | ||||||
14 | estimated to represent 48% of the net revenue realized from | ||||||
15 | the taxes imposed on motor fuel and gasohol. Beginning July 1, | ||||||
16 | 2024 and until July 1, 2025, subject to the payment of amounts | ||||||
17 | into the County and Mass Transit District Fund, the Local | ||||||
18 | Government Tax Fund, the Build Illinois Fund, the McCormick | ||||||
19 | Place Expansion Project Fund, the Illinois Tax Increment Fund, | ||||||
20 | and the Tax Compliance and Administration Fund as provided in | ||||||
21 | this Section, the Department shall pay each month into the | ||||||
22 | Road Fund the amount estimated to represent 64% of the net | ||||||
23 | revenue realized from the taxes imposed on motor fuel and | ||||||
24 | gasohol. Beginning on July 1, 2025, subject to the payment of | ||||||
25 | amounts into the County and Mass Transit District Fund, the | ||||||
26 | Local Government Tax Fund, the Build Illinois Fund, the |
| |||||||
| |||||||
1 | McCormick Place Expansion Project Fund, the Illinois Tax | ||||||
2 | Increment Fund, and the Tax Compliance and Administration Fund | ||||||
3 | as provided in this Section, the Department shall pay each | ||||||
4 | month into the Road Fund the amount estimated to represent 80% | ||||||
5 | of the net revenue realized from the taxes imposed on motor | ||||||
6 | fuel and gasohol. As used in this paragraph "motor fuel" has | ||||||
7 | the meaning given to that term in Section 1.1 of the Motor Fuel | ||||||
8 | Tax Law, and "gasohol" has the meaning given to that term in | ||||||
9 | Section 3-40 of the Use Tax Act. | ||||||
10 | Of the remainder of the moneys received by the Department | ||||||
11 | pursuant to this Act, 75% shall be paid into the General | ||||||
12 | Revenue Fund of the State treasury Treasury and 25% shall be | ||||||
13 | reserved in a special account and used only for the transfer to | ||||||
14 | the Common School Fund as part of the monthly transfer from the | ||||||
15 | General Revenue Fund in accordance with Section 8a of the | ||||||
16 | State Finance Act. | ||||||
17 | The Department may, upon separate written notice to a | ||||||
18 | taxpayer, require the taxpayer to prepare and file with the | ||||||
19 | Department on a form prescribed by the Department within not | ||||||
20 | less than 60 days after receipt of the notice an annual | ||||||
21 | information return for the tax year specified in the notice. | ||||||
22 | Such annual return to the Department shall include a statement | ||||||
23 | of gross receipts as shown by the taxpayer's last federal | ||||||
24 | Federal income tax return. If the total receipts of the | ||||||
25 | business as reported in the federal Federal income tax return | ||||||
26 | do not agree with the gross receipts reported to the |
| |||||||
| |||||||
1 | Department of Revenue for the same period, the taxpayer shall | ||||||
2 | attach to his annual return a schedule showing a | ||||||
3 | reconciliation of the 2 amounts and the reasons for the | ||||||
4 | difference. The taxpayer's annual return to the Department | ||||||
5 | shall also disclose the cost of goods sold by the taxpayer | ||||||
6 | during the year covered by such return, opening and closing | ||||||
7 | inventories of such goods for such year, cost of goods used | ||||||
8 | from stock or taken from stock and given away by the taxpayer | ||||||
9 | during such year, pay roll information of the taxpayer's | ||||||
10 | business during such year and any additional reasonable | ||||||
11 | information which the Department deems would be helpful in | ||||||
12 | determining the accuracy of the monthly, quarterly or annual | ||||||
13 | returns filed by such taxpayer as hereinbefore provided for in | ||||||
14 | this Section. | ||||||
15 | If the annual information return required by this Section | ||||||
16 | is not filed when and as required, the taxpayer shall be liable | ||||||
17 | as follows: | ||||||
18 | (i) Until January 1, 1994, the taxpayer shall be | ||||||
19 | liable for a penalty equal to 1/6 of 1% of the tax due from | ||||||
20 | such taxpayer under this Act during the period to be | ||||||
21 | covered by the annual return for each month or fraction of | ||||||
22 | a month until such return is filed as required, the | ||||||
23 | penalty to be assessed and collected in the same manner as | ||||||
24 | any other penalty provided for in this Act. | ||||||
25 | (ii) On and after January 1, 1994, the taxpayer shall | ||||||
26 | be liable for a penalty as described in Section 3-4 of the |
| |||||||
| |||||||
1 | Uniform Penalty and Interest Act. | ||||||
2 | The chief executive officer, proprietor, owner , or highest | ||||||
3 | ranking manager shall sign the annual return to certify the | ||||||
4 | accuracy of the information contained therein. Any person who | ||||||
5 | willfully signs the annual return containing false or | ||||||
6 | inaccurate information shall be guilty of perjury and punished | ||||||
7 | accordingly. The annual return form prescribed by the | ||||||
8 | Department shall include a warning that the person signing the | ||||||
9 | return may be liable for perjury. | ||||||
10 | The foregoing portion of this Section concerning the | ||||||
11 | filing of an annual information return shall not apply to a | ||||||
12 | serviceman who is not required to file an income tax return | ||||||
13 | with the United States Government. | ||||||
14 | As soon as possible after the first day of each month, upon | ||||||
15 | certification of the Department of Revenue, the Comptroller | ||||||
16 | shall order transferred and the Treasurer shall transfer from | ||||||
17 | the General Revenue Fund to the Motor Fuel Tax Fund an amount | ||||||
18 | equal to 1.7% of 80% of the net revenue realized under this Act | ||||||
19 | for the second preceding month. Beginning April 1, 2000, this | ||||||
20 | transfer is no longer required and shall not be made. | ||||||
21 | Net revenue realized for a month shall be the revenue | ||||||
22 | collected by the State pursuant to this Act, less the amount | ||||||
23 | paid out during that month as refunds to taxpayers for | ||||||
24 | overpayment of liability. | ||||||
25 | For greater simplicity of administration, it shall be | ||||||
26 | permissible for manufacturers, importers and wholesalers whose |
| |||||||
| |||||||
1 | products are sold by numerous servicemen in Illinois, and who | ||||||
2 | wish to do so, to assume the responsibility for accounting and | ||||||
3 | paying to the Department all tax accruing under this Act with | ||||||
4 | respect to such sales, if the servicemen who are affected do | ||||||
5 | not make written objection to the Department to this | ||||||
6 | arrangement. | ||||||
7 | (Source: P.A. 102-700, eff. 4-19-22; 103-9, eff. 6-7-23; | ||||||
8 | 103-363, eff. 7-28-23; revised 9-25-23.)
| ||||||
9 | (35 ILCS 115/12) (from Ch. 120, par. 439.112) | ||||||
10 | Sec. 12. All of the provisions of Sections 1d, 1e, 1f, 1i, | ||||||
11 | 1j, 1j.1, 1k, 1m, 1n, 1o, 2-6, 2-12, 2-54, 2a, 2b, 2c, 3 | ||||||
12 | (except as to the disposition by the Department of the tax | ||||||
13 | collected under this Act), 4 (except that the time limitation | ||||||
14 | provisions shall run from the date when the tax is due rather | ||||||
15 | than from the date when gross receipts are received), 5 | ||||||
16 | (except that the time limitation provisions on the issuance of | ||||||
17 | notices of tax liability shall run from the date when the tax | ||||||
18 | is due rather than from the date when gross receipts are | ||||||
19 | received), 5a, 5b, 5c, 5d, 5e, 5f, 5g, 5j, 5k, 5l, 5m, 5n, 6d, | ||||||
20 | 7, 8, 9, 10, 11 , and 12 of the " Retailers' Occupation Tax Act " | ||||||
21 | which are not inconsistent with this Act, and Section 3-7 of | ||||||
22 | the Uniform Penalty and Interest Act shall apply, as far as | ||||||
23 | practicable, to the subject matter of this Act to the same | ||||||
24 | extent as if such provisions were included herein. | ||||||
25 | (Source: P.A. 102-700, eff. 4-19-22; 103-9, eff. 6-7-23; |
| |||||||
| |||||||
1 | revised 9-26-23.)
| ||||||
2 | Section 205. The Retailers' Occupation Tax Act is amended | ||||||
3 | by changing Sections 2-5 and 3 as follows:
| ||||||
4 | (35 ILCS 120/2-5) | ||||||
5 | Sec. 2-5. Exemptions. Gross receipts from proceeds from | ||||||
6 | the sale of the following tangible personal property are | ||||||
7 | exempt from the tax imposed by this Act: | ||||||
8 | (1) Farm chemicals. | ||||||
9 | (2) Farm machinery and equipment, both new and used, | ||||||
10 | including that manufactured on special order, certified by | ||||||
11 | the purchaser to be used primarily for production | ||||||
12 | agriculture or State or federal agricultural programs, | ||||||
13 | including individual replacement parts for the machinery | ||||||
14 | and equipment, including machinery and equipment purchased | ||||||
15 | for lease, and including implements of husbandry defined | ||||||
16 | in Section 1-130 of the Illinois Vehicle Code, farm | ||||||
17 | machinery and agricultural chemical and fertilizer | ||||||
18 | spreaders, and nurse wagons required to be registered | ||||||
19 | under Section 3-809 of the Illinois Vehicle Code, but | ||||||
20 | excluding other motor vehicles required to be registered | ||||||
21 | under the Illinois Vehicle Code. Horticultural polyhouses | ||||||
22 | or hoop houses used for propagating, growing, or | ||||||
23 | overwintering plants shall be considered farm machinery | ||||||
24 | and equipment under this item (2). Agricultural chemical |
| |||||||
| |||||||
1 | tender tanks and dry boxes shall include units sold | ||||||
2 | separately from a motor vehicle required to be licensed | ||||||
3 | and units sold mounted on a motor vehicle required to be | ||||||
4 | licensed, if the selling price of the tender is separately | ||||||
5 | stated. | ||||||
6 | Farm machinery and equipment shall include precision | ||||||
7 | farming equipment that is installed or purchased to be | ||||||
8 | installed on farm machinery and equipment including, but | ||||||
9 | not limited to, tractors, harvesters, sprayers, planters, | ||||||
10 | seeders, or spreaders. Precision farming equipment | ||||||
11 | includes, but is not limited to, soil testing sensors, | ||||||
12 | computers, monitors, software, global positioning and | ||||||
13 | mapping systems, and other such equipment. | ||||||
14 | Farm machinery and equipment also includes computers, | ||||||
15 | sensors, software, and related equipment used primarily in | ||||||
16 | the computer-assisted operation of production agriculture | ||||||
17 | facilities, equipment, and activities such as, but not | ||||||
18 | limited to, the collection, monitoring, and correlation of | ||||||
19 | animal and crop data for the purpose of formulating animal | ||||||
20 | diets and agricultural chemicals. | ||||||
21 | Beginning on January 1, 2024, farm machinery and | ||||||
22 | equipment also includes electrical power generation | ||||||
23 | equipment used primarily for production agriculture. | ||||||
24 | This item (2) is exempt from the provisions of Section | ||||||
25 | 2-70. | ||||||
26 | (3) Until July 1, 2003, distillation machinery and |
| |||||||
| |||||||
1 | equipment, sold as a unit or kit, assembled or installed | ||||||
2 | by the retailer, certified by the user to be used only for | ||||||
3 | the production of ethyl alcohol that will be used for | ||||||
4 | consumption as motor fuel or as a component of motor fuel | ||||||
5 | for the personal use of the user, and not subject to sale | ||||||
6 | or resale. | ||||||
7 | (4) Until July 1, 2003 and beginning again September | ||||||
8 | 1, 2004 through August 30, 2014, graphic arts machinery | ||||||
9 | and equipment, including repair and replacement parts, | ||||||
10 | both new and used, and including that manufactured on | ||||||
11 | special order or purchased for lease, certified by the | ||||||
12 | purchaser to be used primarily for graphic arts | ||||||
13 | production. Equipment includes chemicals or chemicals | ||||||
14 | acting as catalysts but only if the chemicals or chemicals | ||||||
15 | acting as catalysts effect a direct and immediate change | ||||||
16 | upon a graphic arts product. Beginning on July 1, 2017, | ||||||
17 | graphic arts machinery and equipment is included in the | ||||||
18 | manufacturing and assembling machinery and equipment | ||||||
19 | exemption under paragraph (14). | ||||||
20 | (5) A motor vehicle that is used for automobile | ||||||
21 | renting, as defined in the Automobile Renting Occupation | ||||||
22 | and Use Tax Act. This paragraph is exempt from the | ||||||
23 | provisions of Section 2-70. | ||||||
24 | (6) Personal property sold by a teacher-sponsored | ||||||
25 | student organization affiliated with an elementary or | ||||||
26 | secondary school located in Illinois. |
| |||||||
| |||||||
1 | (7) Until July 1, 2003, proceeds of that portion of | ||||||
2 | the selling price of a passenger car the sale of which is | ||||||
3 | subject to the Replacement Vehicle Tax. | ||||||
4 | (8) Personal property sold to an Illinois county fair | ||||||
5 | association for use in conducting, operating, or promoting | ||||||
6 | the county fair. | ||||||
7 | (9) Personal property sold to a not-for-profit arts or | ||||||
8 | cultural organization that establishes, by proof required | ||||||
9 | by the Department by rule, that it has received an | ||||||
10 | exemption under Section 501(c)(3) of the Internal Revenue | ||||||
11 | Code and that is organized and operated primarily for the | ||||||
12 | presentation or support of arts or cultural programming, | ||||||
13 | activities, or services. These organizations include, but | ||||||
14 | are not limited to, music and dramatic arts organizations | ||||||
15 | such as symphony orchestras and theatrical groups, arts | ||||||
16 | and cultural service organizations, local arts councils, | ||||||
17 | visual arts organizations, and media arts organizations. | ||||||
18 | On and after July 1, 2001 (the effective date of Public Act | ||||||
19 | 92-35), however, an entity otherwise eligible for this | ||||||
20 | exemption shall not make tax-free purchases unless it has | ||||||
21 | an active identification number issued by the Department. | ||||||
22 | (10) Personal property sold by a corporation, society, | ||||||
23 | association, foundation, institution, or organization, | ||||||
24 | other than a limited liability company, that is organized | ||||||
25 | and operated as a not-for-profit service enterprise for | ||||||
26 | the benefit of persons 65 years of age or older if the |
| |||||||
| |||||||
1 | personal property was not purchased by the enterprise for | ||||||
2 | the purpose of resale by the enterprise. | ||||||
3 | (11) Except as otherwise provided in this Section, | ||||||
4 | personal property sold to a governmental body, to a | ||||||
5 | corporation, society, association, foundation, or | ||||||
6 | institution organized and operated exclusively for | ||||||
7 | charitable, religious, or educational purposes, or to a | ||||||
8 | not-for-profit corporation, society, association, | ||||||
9 | foundation, institution, or organization that has no | ||||||
10 | compensated officers or employees and that is organized | ||||||
11 | and operated primarily for the recreation of persons 55 | ||||||
12 | years of age or older. A limited liability company may | ||||||
13 | qualify for the exemption under this paragraph only if the | ||||||
14 | limited liability company is organized and operated | ||||||
15 | exclusively for educational purposes. On and after July 1, | ||||||
16 | 1987, however, no entity otherwise eligible for this | ||||||
17 | exemption shall make tax-free purchases unless it has an | ||||||
18 | active identification number issued by the Department. | ||||||
19 | (12) (Blank). | ||||||
20 | (12-5) On and after July 1, 2003 and through June 30, | ||||||
21 | 2004, motor vehicles of the second division with a gross | ||||||
22 | vehicle weight in excess of 8,000 pounds that are subject | ||||||
23 | to the commercial distribution fee imposed under Section | ||||||
24 | 3-815.1 of the Illinois Vehicle Code. Beginning on July 1, | ||||||
25 | 2004 and through June 30, 2005, the use in this State of | ||||||
26 | motor vehicles of the second division: (i) with a gross |
| |||||||
| |||||||
1 | vehicle weight rating in excess of 8,000 pounds; (ii) that | ||||||
2 | are subject to the commercial distribution fee imposed | ||||||
3 | under Section 3-815.1 of the Illinois Vehicle Code; and | ||||||
4 | (iii) that are primarily used for commercial purposes. | ||||||
5 | Through June 30, 2005, this exemption applies to repair | ||||||
6 | and replacement parts added after the initial purchase of | ||||||
7 | such a motor vehicle if that motor vehicle is used in a | ||||||
8 | manner that would qualify for the rolling stock exemption | ||||||
9 | otherwise provided for in this Act. For purposes of this | ||||||
10 | paragraph, "used for commercial purposes" means the | ||||||
11 | transportation of persons or property in furtherance of | ||||||
12 | any commercial or industrial enterprise whether for-hire | ||||||
13 | or not. | ||||||
14 | (13) Proceeds from sales to owners, lessors, or | ||||||
15 | shippers of tangible personal property that is utilized by | ||||||
16 | interstate carriers for hire for use as rolling stock | ||||||
17 | moving in interstate commerce and equipment operated by a | ||||||
18 | telecommunications provider, licensed as a common carrier | ||||||
19 | by the Federal Communications Commission, which is | ||||||
20 | permanently installed in or affixed to aircraft moving in | ||||||
21 | interstate commerce. | ||||||
22 | (14) Machinery and equipment that will be used by the | ||||||
23 | purchaser, or a lessee of the purchaser, primarily in the | ||||||
24 | process of manufacturing or assembling tangible personal | ||||||
25 | property for wholesale or retail sale or lease, whether | ||||||
26 | the sale or lease is made directly by the manufacturer or |
| |||||||
| |||||||
1 | by some other person, whether the materials used in the | ||||||
2 | process are owned by the manufacturer or some other | ||||||
3 | person, or whether the sale or lease is made apart from or | ||||||
4 | as an incident to the seller's engaging in the service | ||||||
5 | occupation of producing machines, tools, dies, jigs, | ||||||
6 | patterns, gauges, or other similar items of no commercial | ||||||
7 | value on special order for a particular purchaser. The | ||||||
8 | exemption provided by this paragraph (14) does not include | ||||||
9 | machinery and equipment used in (i) the generation of | ||||||
10 | electricity for wholesale or retail sale; (ii) the | ||||||
11 | generation or treatment of natural or artificial gas for | ||||||
12 | wholesale or retail sale that is delivered to customers | ||||||
13 | through pipes, pipelines, or mains; or (iii) the treatment | ||||||
14 | of water for wholesale or retail sale that is delivered to | ||||||
15 | customers through pipes, pipelines, or mains. The | ||||||
16 | provisions of Public Act 98-583 are declaratory of | ||||||
17 | existing law as to the meaning and scope of this | ||||||
18 | exemption. Beginning on July 1, 2017, the exemption | ||||||
19 | provided by this paragraph (14) includes, but is not | ||||||
20 | limited to, graphic arts machinery and equipment, as | ||||||
21 | defined in paragraph (4) of this Section. | ||||||
22 | (15) Proceeds of mandatory service charges separately | ||||||
23 | stated on customers' bills for purchase and consumption of | ||||||
24 | food and beverages, to the extent that the proceeds of the | ||||||
25 | service charge are in fact turned over as tips or as a | ||||||
26 | substitute for tips to the employees who participate |
| |||||||
| |||||||
1 | directly in preparing, serving, hosting or cleaning up the | ||||||
2 | food or beverage function with respect to which the | ||||||
3 | service charge is imposed. | ||||||
4 | (16) Tangible personal property sold to a purchaser if | ||||||
5 | the purchaser is exempt from use tax by operation of | ||||||
6 | federal law. This paragraph is exempt from the provisions | ||||||
7 | of Section 2-70. | ||||||
8 | (17) Tangible personal property sold to a common | ||||||
9 | carrier by rail or motor that receives the physical | ||||||
10 | possession of the property in Illinois and that transports | ||||||
11 | the property, or shares with another common carrier in the | ||||||
12 | transportation of the property, out of Illinois on a | ||||||
13 | standard uniform bill of lading showing the seller of the | ||||||
14 | property as the shipper or consignor of the property to a | ||||||
15 | destination outside Illinois, for use outside Illinois. | ||||||
16 | (18) Legal tender, currency, medallions, or gold or | ||||||
17 | silver coinage issued by the State of Illinois, the | ||||||
18 | government of the United States of America, or the | ||||||
19 | government of any foreign country, and bullion. | ||||||
20 | (19) Until July 1, 2003, oil field exploration, | ||||||
21 | drilling, and production equipment, including (i) rigs and | ||||||
22 | parts of rigs, rotary rigs, cable tool rigs, and workover | ||||||
23 | rigs, (ii) pipe and tubular goods, including casing and | ||||||
24 | drill strings, (iii) pumps and pump-jack units, (iv) | ||||||
25 | storage tanks and flow lines, (v) any individual | ||||||
26 | replacement part for oil field exploration, drilling, and |
| |||||||
| |||||||
1 | production equipment, and (vi) machinery and equipment | ||||||
2 | purchased for lease; but excluding motor vehicles required | ||||||
3 | to be registered under the Illinois Vehicle Code. | ||||||
4 | (20) Photoprocessing machinery and equipment, | ||||||
5 | including repair and replacement parts, both new and used, | ||||||
6 | including that manufactured on special order, certified by | ||||||
7 | the purchaser to be used primarily for photoprocessing, | ||||||
8 | and including photoprocessing machinery and equipment | ||||||
9 | purchased for lease. | ||||||
10 | (21) Until July 1, 2028, coal and aggregate | ||||||
11 | exploration, mining, off-highway hauling, processing, | ||||||
12 | maintenance, and reclamation equipment, including | ||||||
13 | replacement parts and equipment, and including equipment | ||||||
14 | purchased for lease, but excluding motor vehicles required | ||||||
15 | to be registered under the Illinois Vehicle Code. The | ||||||
16 | changes made to this Section by Public Act 97-767 apply on | ||||||
17 | and after July 1, 2003, but no claim for credit or refund | ||||||
18 | is allowed on or after August 16, 2013 (the effective date | ||||||
19 | of Public Act 98-456) for such taxes paid during the | ||||||
20 | period beginning July 1, 2003 and ending on August 16, | ||||||
21 | 2013 (the effective date of Public Act 98-456). | ||||||
22 | (22) Until June 30, 2013, fuel and petroleum products | ||||||
23 | sold to or used by an air carrier, certified by the carrier | ||||||
24 | to be used for consumption, shipment, or storage in the | ||||||
25 | conduct of its business as an air common carrier, for a | ||||||
26 | flight destined for or returning from a location or |
| |||||||
| |||||||
1 | locations outside the United States without regard to | ||||||
2 | previous or subsequent domestic stopovers. | ||||||
3 | Beginning July 1, 2013, fuel and petroleum products | ||||||
4 | sold to or used by an air carrier, certified by the carrier | ||||||
5 | to be used for consumption, shipment, or storage in the | ||||||
6 | conduct of its business as an air common carrier, for a | ||||||
7 | flight that (i) is engaged in foreign trade or is engaged | ||||||
8 | in trade between the United States and any of its | ||||||
9 | possessions and (ii) transports at least one individual or | ||||||
10 | package for hire from the city of origination to the city | ||||||
11 | of final destination on the same aircraft, without regard | ||||||
12 | to a change in the flight number of that aircraft. | ||||||
13 | (23) A transaction in which the purchase order is | ||||||
14 | received by a florist who is located outside Illinois, but | ||||||
15 | who has a florist located in Illinois deliver the property | ||||||
16 | to the purchaser or the purchaser's donee in Illinois. | ||||||
17 | (24) Fuel consumed or used in the operation of ships, | ||||||
18 | barges, or vessels that are used primarily in or for the | ||||||
19 | transportation of property or the conveyance of persons | ||||||
20 | for hire on rivers bordering on this State if the fuel is | ||||||
21 | delivered by the seller to the purchaser's barge, ship, or | ||||||
22 | vessel while it is afloat upon that bordering river. | ||||||
23 | (25) Except as provided in item (25-5) of this | ||||||
24 | Section, a motor vehicle sold in this State to a | ||||||
25 | nonresident even though the motor vehicle is delivered to | ||||||
26 | the nonresident in this State, if the motor vehicle is not |
| |||||||
| |||||||
1 | to be titled in this State, and if a drive-away permit is | ||||||
2 | issued to the motor vehicle as provided in Section 3-603 | ||||||
3 | of the Illinois Vehicle Code or if the nonresident | ||||||
4 | purchaser has vehicle registration plates to transfer to | ||||||
5 | the motor vehicle upon returning to his or her home state. | ||||||
6 | The issuance of the drive-away permit or having the | ||||||
7 | out-of-state registration plates to be transferred is | ||||||
8 | prima facie evidence that the motor vehicle will not be | ||||||
9 | titled in this State. | ||||||
10 | (25-5) The exemption under item (25) does not apply if | ||||||
11 | the state in which the motor vehicle will be titled does | ||||||
12 | not allow a reciprocal exemption for a motor vehicle sold | ||||||
13 | and delivered in that state to an Illinois resident but | ||||||
14 | titled in Illinois. The tax collected under this Act on | ||||||
15 | the sale of a motor vehicle in this State to a resident of | ||||||
16 | another state that does not allow a reciprocal exemption | ||||||
17 | shall be imposed at a rate equal to the state's rate of tax | ||||||
18 | on taxable property in the state in which the purchaser is | ||||||
19 | a resident, except that the tax shall not exceed the tax | ||||||
20 | that would otherwise be imposed under this Act. At the | ||||||
21 | time of the sale, the purchaser shall execute a statement, | ||||||
22 | signed under penalty of perjury, of his or her intent to | ||||||
23 | title the vehicle in the state in which the purchaser is a | ||||||
24 | resident within 30 days after the sale and of the fact of | ||||||
25 | the payment to the State of Illinois of tax in an amount | ||||||
26 | equivalent to the state's rate of tax on taxable property |
| |||||||
| |||||||
1 | in his or her state of residence and shall submit the | ||||||
2 | statement to the appropriate tax collection agency in his | ||||||
3 | or her state of residence. In addition, the retailer must | ||||||
4 | retain a signed copy of the statement in his or her | ||||||
5 | records. Nothing in this item shall be construed to | ||||||
6 | require the removal of the vehicle from this state | ||||||
7 | following the filing of an intent to title the vehicle in | ||||||
8 | the purchaser's state of residence if the purchaser titles | ||||||
9 | the vehicle in his or her state of residence within 30 days | ||||||
10 | after the date of sale. The tax collected under this Act in | ||||||
11 | accordance with this item (25-5) shall be proportionately | ||||||
12 | distributed as if the tax were collected at the 6.25% | ||||||
13 | general rate imposed under this Act. | ||||||
14 | (25-7) Beginning on July 1, 2007, no tax is imposed | ||||||
15 | under this Act on the sale of an aircraft, as defined in | ||||||
16 | Section 3 of the Illinois Aeronautics Act, if all of the | ||||||
17 | following conditions are met: | ||||||
18 | (1) the aircraft leaves this State within 15 days | ||||||
19 | after the later of either the issuance of the final | ||||||
20 | billing for the sale of the aircraft, or the | ||||||
21 | authorized approval for return to service, completion | ||||||
22 | of the maintenance record entry, and completion of the | ||||||
23 | test flight and ground test for inspection, as | ||||||
24 | required by 14 CFR 91.407; | ||||||
25 | (2) the aircraft is not based or registered in | ||||||
26 | this State after the sale of the aircraft; and |
| |||||||
| |||||||
1 | (3) the seller retains in his or her books and | ||||||
2 | records and provides to the Department a signed and | ||||||
3 | dated certification from the purchaser, on a form | ||||||
4 | prescribed by the Department, certifying that the | ||||||
5 | requirements of this item (25-7) are met. The | ||||||
6 | certificate must also include the name and address of | ||||||
7 | the purchaser, the address of the location where the | ||||||
8 | aircraft is to be titled or registered, the address of | ||||||
9 | the primary physical location of the aircraft, and | ||||||
10 | other information that the Department may reasonably | ||||||
11 | require. | ||||||
12 | For purposes of this item (25-7): | ||||||
13 | "Based in this State" means hangared, stored, or | ||||||
14 | otherwise used, excluding post-sale customizations as | ||||||
15 | defined in this Section, for 10 or more days in each | ||||||
16 | 12-month period immediately following the date of the sale | ||||||
17 | of the aircraft. | ||||||
18 | "Registered in this State" means an aircraft | ||||||
19 | registered with the Department of Transportation, | ||||||
20 | Aeronautics Division, or titled or registered with the | ||||||
21 | Federal Aviation Administration to an address located in | ||||||
22 | this State. | ||||||
23 | This paragraph (25-7) is exempt from the provisions of | ||||||
24 | Section 2-70. | ||||||
25 | (26) Semen used for artificial insemination of | ||||||
26 | livestock for direct agricultural production. |
| |||||||
| |||||||
1 | (27) Horses, or interests in horses, registered with | ||||||
2 | and meeting the requirements of any of the Arabian Horse | ||||||
3 | Club Registry of America, Appaloosa Horse Club, American | ||||||
4 | Quarter Horse Association, United States Trotting | ||||||
5 | Association, or Jockey Club, as appropriate, used for | ||||||
6 | purposes of breeding or racing for prizes. This item (27) | ||||||
7 | is exempt from the provisions of Section 2-70, and the | ||||||
8 | exemption provided for under this item (27) applies for | ||||||
9 | all periods beginning May 30, 1995, but no claim for | ||||||
10 | credit or refund is allowed on or after January 1, 2008 | ||||||
11 | (the effective date of Public Act 95-88) for such taxes | ||||||
12 | paid during the period beginning May 30, 2000 and ending | ||||||
13 | on January 1, 2008 (the effective date of Public Act | ||||||
14 | 95-88). | ||||||
15 | (28) Computers and communications equipment utilized | ||||||
16 | for any hospital purpose and equipment used in the | ||||||
17 | diagnosis, analysis, or treatment of hospital patients | ||||||
18 | sold to a lessor who leases the equipment, under a lease of | ||||||
19 | one year or longer executed or in effect at the time of the | ||||||
20 | purchase, to a hospital that has been issued an active tax | ||||||
21 | exemption identification number by the Department under | ||||||
22 | Section 1g of this Act. | ||||||
23 | (29) Personal property sold to a lessor who leases the | ||||||
24 | property, under a lease of one year or longer executed or | ||||||
25 | in effect at the time of the purchase, to a governmental | ||||||
26 | body that has been issued an active tax exemption |
| |||||||
| |||||||
1 | identification number by the Department under Section 1g | ||||||
2 | of this Act. | ||||||
3 | (30) Beginning with taxable years ending on or after | ||||||
4 | December 31, 1995 and ending with taxable years ending on | ||||||
5 | or before December 31, 2004, personal property that is | ||||||
6 | donated for disaster relief to be used in a State or | ||||||
7 | federally declared disaster area in Illinois or bordering | ||||||
8 | Illinois by a manufacturer or retailer that is registered | ||||||
9 | in this State to a corporation, society, association, | ||||||
10 | foundation, or institution that has been issued a sales | ||||||
11 | tax exemption identification number by the Department that | ||||||
12 | assists victims of the disaster who reside within the | ||||||
13 | declared disaster area. | ||||||
14 | (31) Beginning with taxable years ending on or after | ||||||
15 | December 31, 1995 and ending with taxable years ending on | ||||||
16 | or before December 31, 2004, personal property that is | ||||||
17 | used in the performance of infrastructure repairs in this | ||||||
18 | State, including , but not limited to , municipal roads and | ||||||
19 | streets, access roads, bridges, sidewalks, waste disposal | ||||||
20 | systems, water and sewer line extensions, water | ||||||
21 | distribution and purification facilities, storm water | ||||||
22 | drainage and retention facilities, and sewage treatment | ||||||
23 | facilities, resulting from a State or federally declared | ||||||
24 | disaster in Illinois or bordering Illinois when such | ||||||
25 | repairs are initiated on facilities located in the | ||||||
26 | declared disaster area within 6 months after the disaster. |
| |||||||
| |||||||
1 | (32) Beginning July 1, 1999, game or game birds sold | ||||||
2 | at a "game breeding and hunting preserve area" as that | ||||||
3 | term is used in the Wildlife Code. This paragraph is | ||||||
4 | exempt from the provisions of Section 2-70. | ||||||
5 | (33) A motor vehicle, as that term is defined in | ||||||
6 | Section 1-146 of the Illinois Vehicle Code, that is | ||||||
7 | donated to a corporation, limited liability company, | ||||||
8 | society, association, foundation, or institution that is | ||||||
9 | determined by the Department to be organized and operated | ||||||
10 | exclusively for educational purposes. For purposes of this | ||||||
11 | exemption, "a corporation, limited liability company, | ||||||
12 | society, association, foundation, or institution organized | ||||||
13 | and operated exclusively for educational purposes" means | ||||||
14 | all tax-supported public schools, private schools that | ||||||
15 | offer systematic instruction in useful branches of | ||||||
16 | learning by methods common to public schools and that | ||||||
17 | compare favorably in their scope and intensity with the | ||||||
18 | course of study presented in tax-supported schools, and | ||||||
19 | vocational or technical schools or institutes organized | ||||||
20 | and operated exclusively to provide a course of study of | ||||||
21 | not less than 6 weeks duration and designed to prepare | ||||||
22 | individuals to follow a trade or to pursue a manual, | ||||||
23 | technical, mechanical, industrial, business, or commercial | ||||||
24 | occupation. | ||||||
25 | (34) Beginning January 1, 2000, personal property, | ||||||
26 | including food, purchased through fundraising events for |
| |||||||
| |||||||
1 | the benefit of a public or private elementary or secondary | ||||||
2 | school, a group of those schools, or one or more school | ||||||
3 | districts if the events are sponsored by an entity | ||||||
4 | recognized by the school district that consists primarily | ||||||
5 | of volunteers and includes parents and teachers of the | ||||||
6 | school children. This paragraph does not apply to | ||||||
7 | fundraising events (i) for the benefit of private home | ||||||
8 | instruction or (ii) for which the fundraising entity | ||||||
9 | purchases the personal property sold at the events from | ||||||
10 | another individual or entity that sold the property for | ||||||
11 | the purpose of resale by the fundraising entity and that | ||||||
12 | profits from the sale to the fundraising entity. This | ||||||
13 | paragraph is exempt from the provisions of Section 2-70. | ||||||
14 | (35) Beginning January 1, 2000 and through December | ||||||
15 | 31, 2001, new or used automatic vending machines that | ||||||
16 | prepare and serve hot food and beverages, including | ||||||
17 | coffee, soup, and other items, and replacement parts for | ||||||
18 | these machines. Beginning January 1, 2002 and through June | ||||||
19 | 30, 2003, machines and parts for machines used in | ||||||
20 | commercial, coin-operated amusement and vending business | ||||||
21 | if a use or occupation tax is paid on the gross receipts | ||||||
22 | derived from the use of the commercial, coin-operated | ||||||
23 | amusement and vending machines. This paragraph is exempt | ||||||
24 | from the provisions of Section 2-70. | ||||||
25 | (35-5) Beginning August 23, 2001 and through June 30, | ||||||
26 | 2016, food for human consumption that is to be consumed |
| |||||||
| |||||||
1 | off the premises where it is sold (other than alcoholic | ||||||
2 | beverages, soft drinks, and food that has been prepared | ||||||
3 | for immediate consumption) and prescription and | ||||||
4 | nonprescription medicines, drugs, medical appliances, and | ||||||
5 | insulin, urine testing materials, syringes, and needles | ||||||
6 | used by diabetics, for human use, when purchased for use | ||||||
7 | by a person receiving medical assistance under Article V | ||||||
8 | of the Illinois Public Aid Code who resides in a licensed | ||||||
9 | long-term care facility, as defined in the Nursing Home | ||||||
10 | Care Act, or a licensed facility as defined in the ID/DD | ||||||
11 | Community Care Act, the MC/DD Act, or the Specialized | ||||||
12 | Mental Health Rehabilitation Act of 2013. | ||||||
13 | (36) Beginning August 2, 2001, computers and | ||||||
14 | communications equipment utilized for any hospital purpose | ||||||
15 | and equipment used in the diagnosis, analysis, or | ||||||
16 | treatment of hospital patients sold to a lessor who leases | ||||||
17 | the equipment, under a lease of one year or longer | ||||||
18 | executed or in effect at the time of the purchase, to a | ||||||
19 | hospital that has been issued an active tax exemption | ||||||
20 | identification number by the Department under Section 1g | ||||||
21 | of this Act. This paragraph is exempt from the provisions | ||||||
22 | of Section 2-70. | ||||||
23 | (37) Beginning August 2, 2001, personal property sold | ||||||
24 | to a lessor who leases the property, under a lease of one | ||||||
25 | year or longer executed or in effect at the time of the | ||||||
26 | purchase, to a governmental body that has been issued an |
| |||||||
| |||||||
1 | active tax exemption identification number by the | ||||||
2 | Department under Section 1g of this Act. This paragraph is | ||||||
3 | exempt from the provisions of Section 2-70. | ||||||
4 | (38) Beginning on January 1, 2002 and through June 30, | ||||||
5 | 2016, tangible personal property purchased from an | ||||||
6 | Illinois retailer by a taxpayer engaged in centralized | ||||||
7 | purchasing activities in Illinois who will, upon receipt | ||||||
8 | of the property in Illinois, temporarily store the | ||||||
9 | property in Illinois (i) for the purpose of subsequently | ||||||
10 | transporting it outside this State for use or consumption | ||||||
11 | thereafter solely outside this State or (ii) for the | ||||||
12 | purpose of being processed, fabricated, or manufactured | ||||||
13 | into, attached to, or incorporated into other tangible | ||||||
14 | personal property to be transported outside this State and | ||||||
15 | thereafter used or consumed solely outside this State. The | ||||||
16 | Director of Revenue shall, pursuant to rules adopted in | ||||||
17 | accordance with the Illinois Administrative Procedure Act, | ||||||
18 | issue a permit to any taxpayer in good standing with the | ||||||
19 | Department who is eligible for the exemption under this | ||||||
20 | paragraph (38). The permit issued under this paragraph | ||||||
21 | (38) shall authorize the holder, to the extent and in the | ||||||
22 | manner specified in the rules adopted under this Act, to | ||||||
23 | purchase tangible personal property from a retailer exempt | ||||||
24 | from the taxes imposed by this Act. Taxpayers shall | ||||||
25 | maintain all necessary books and records to substantiate | ||||||
26 | the use and consumption of all such tangible personal |
| |||||||
| |||||||
1 | property outside of the State of Illinois. | ||||||
2 | (39) Beginning January 1, 2008, tangible personal | ||||||
3 | property used in the construction or maintenance of a | ||||||
4 | community water supply, as defined under Section 3.145 of | ||||||
5 | the Environmental Protection Act, that is operated by a | ||||||
6 | not-for-profit corporation that holds a valid water supply | ||||||
7 | permit issued under Title IV of the Environmental | ||||||
8 | Protection Act. This paragraph is exempt from the | ||||||
9 | provisions of Section 2-70. | ||||||
10 | (40) Beginning January 1, 2010 and continuing through | ||||||
11 | December 31, 2029, materials, parts, equipment, | ||||||
12 | components, and furnishings incorporated into or upon an | ||||||
13 | aircraft as part of the modification, refurbishment, | ||||||
14 | completion, replacement, repair, or maintenance of the | ||||||
15 | aircraft. This exemption includes consumable supplies used | ||||||
16 | in the modification, refurbishment, completion, | ||||||
17 | replacement, repair, and maintenance of aircraft. However, | ||||||
18 | until January 1, 2024, this exemption excludes any | ||||||
19 | materials, parts, equipment, components, and consumable | ||||||
20 | supplies used in the modification, replacement, repair, | ||||||
21 | and maintenance of aircraft engines or power plants, | ||||||
22 | whether such engines or power plants are installed or | ||||||
23 | uninstalled upon any such aircraft. "Consumable supplies" | ||||||
24 | include, but are not limited to, adhesive, tape, | ||||||
25 | sandpaper, general purpose lubricants, cleaning solution, | ||||||
26 | latex gloves, and protective films. |
| |||||||
| |||||||
1 | Beginning January 1, 2010 and continuing through | ||||||
2 | December 31, 2023, this exemption applies only to the sale | ||||||
3 | of qualifying tangible personal property to persons who | ||||||
4 | modify, refurbish, complete, replace, or maintain an | ||||||
5 | aircraft and who (i) hold an Air Agency Certificate and | ||||||
6 | are empowered to operate an approved repair station by the | ||||||
7 | Federal Aviation Administration, (ii) have a Class IV | ||||||
8 | Rating, and (iii) conduct operations in accordance with | ||||||
9 | Part 145 of the Federal Aviation Regulations. The | ||||||
10 | exemption does not include aircraft operated by a | ||||||
11 | commercial air carrier providing scheduled passenger air | ||||||
12 | service pursuant to authority issued under Part 121 or | ||||||
13 | Part 129 of the Federal Aviation Regulations. From January | ||||||
14 | 1, 2024 through December 31, 2029, this exemption applies | ||||||
15 | only to the use of qualifying tangible personal property | ||||||
16 | by: (A) persons who modify, refurbish, complete, repair, | ||||||
17 | replace, or maintain aircraft and who (i) hold an Air | ||||||
18 | Agency Certificate and are empowered to operate an | ||||||
19 | approved repair station by the Federal Aviation | ||||||
20 | Administration, (ii) have a Class IV Rating, and (iii) | ||||||
21 | conduct operations in accordance with Part 145 of the | ||||||
22 | Federal Aviation Regulations; and (B) persons who engage | ||||||
23 | in the modification, replacement, repair, and maintenance | ||||||
24 | of aircraft engines or power plants without regard to | ||||||
25 | whether or not those persons meet the qualifications of | ||||||
26 | item (A). |
| |||||||
| |||||||
1 | The changes made to this paragraph (40) by Public Act | ||||||
2 | 98-534 are declarative of existing law. It is the intent | ||||||
3 | of the General Assembly that the exemption under this | ||||||
4 | paragraph (40) applies continuously from January 1, 2010 | ||||||
5 | through December 31, 2024; however, no claim for credit or | ||||||
6 | refund is allowed for taxes paid as a result of the | ||||||
7 | disallowance of this exemption on or after January 1, 2015 | ||||||
8 | and prior to February 5, 2020 (the effective date of | ||||||
9 | Public Act 101-629). | ||||||
10 | (41) Tangible personal property sold to a | ||||||
11 | public-facilities corporation, as described in Section | ||||||
12 | 11-65-10 of the Illinois Municipal Code, for purposes of | ||||||
13 | constructing or furnishing a municipal convention hall, | ||||||
14 | but only if the legal title to the municipal convention | ||||||
15 | hall is transferred to the municipality without any | ||||||
16 | further consideration by or on behalf of the municipality | ||||||
17 | at the time of the completion of the municipal convention | ||||||
18 | hall or upon the retirement or redemption of any bonds or | ||||||
19 | other debt instruments issued by the public-facilities | ||||||
20 | corporation in connection with the development of the | ||||||
21 | municipal convention hall. This exemption includes | ||||||
22 | existing public-facilities corporations as provided in | ||||||
23 | Section 11-65-25 of the Illinois Municipal Code. This | ||||||
24 | paragraph is exempt from the provisions of Section 2-70. | ||||||
25 | (42) Beginning January 1, 2017 and through December | ||||||
26 | 31, 2026, menstrual pads, tampons, and menstrual cups. |
| |||||||
| |||||||
1 | (43) Merchandise that is subject to the Rental | ||||||
2 | Purchase Agreement Occupation and Use Tax. The purchaser | ||||||
3 | must certify that the item is purchased to be rented | ||||||
4 | subject to a rental-purchase rental purchase agreement, as | ||||||
5 | defined in the Rental-Purchase Rental Purchase Agreement | ||||||
6 | Act, and provide proof of registration under the Rental | ||||||
7 | Purchase Agreement Occupation and Use Tax Act. This | ||||||
8 | paragraph is exempt from the provisions of Section 2-70. | ||||||
9 | (44) Qualified tangible personal property used in the | ||||||
10 | construction or operation of a data center that has been | ||||||
11 | granted a certificate of exemption by the Department of | ||||||
12 | Commerce and Economic Opportunity, whether that tangible | ||||||
13 | personal property is purchased by the owner, operator, or | ||||||
14 | tenant of the data center or by a contractor or | ||||||
15 | subcontractor of the owner, operator, or tenant. Data | ||||||
16 | centers that would have qualified for a certificate of | ||||||
17 | exemption prior to January 1, 2020 had Public Act 101-31 | ||||||
18 | been in effect, may apply for and obtain an exemption for | ||||||
19 | subsequent purchases of computer equipment or enabling | ||||||
20 | software purchased or leased to upgrade, supplement, or | ||||||
21 | replace computer equipment or enabling software purchased | ||||||
22 | or leased in the original investment that would have | ||||||
23 | qualified. | ||||||
24 | The Department of Commerce and Economic Opportunity | ||||||
25 | shall grant a certificate of exemption under this item | ||||||
26 | (44) to qualified data centers as defined by Section |
| |||||||
| |||||||
1 | 605-1025 of the Department of Commerce and Economic | ||||||
2 | Opportunity Law of the Civil Administrative Code of | ||||||
3 | Illinois. | ||||||
4 | For the purposes of this item (44): | ||||||
5 | "Data center" means a building or a series of | ||||||
6 | buildings rehabilitated or constructed to house | ||||||
7 | working servers in one physical location or multiple | ||||||
8 | sites within the State of Illinois. | ||||||
9 | "Qualified tangible personal property" means: | ||||||
10 | electrical systems and equipment; climate control and | ||||||
11 | chilling equipment and systems; mechanical systems and | ||||||
12 | equipment; monitoring and secure systems; emergency | ||||||
13 | generators; hardware; computers; servers; data storage | ||||||
14 | devices; network connectivity equipment; racks; | ||||||
15 | cabinets; telecommunications cabling infrastructure; | ||||||
16 | raised floor systems; peripheral components or | ||||||
17 | systems; software; mechanical, electrical, or plumbing | ||||||
18 | systems; battery systems; cooling systems and towers; | ||||||
19 | temperature control systems; other cabling; and other | ||||||
20 | data center infrastructure equipment and systems | ||||||
21 | necessary to operate qualified tangible personal | ||||||
22 | property, including fixtures; and component parts of | ||||||
23 | any of the foregoing, including installation, | ||||||
24 | maintenance, repair, refurbishment, and replacement of | ||||||
25 | qualified tangible personal property to generate, | ||||||
26 | transform, transmit, distribute, or manage electricity |
| |||||||
| |||||||
1 | necessary to operate qualified tangible personal | ||||||
2 | property; and all other tangible personal property | ||||||
3 | that is essential to the operations of a computer data | ||||||
4 | center. The term "qualified tangible personal | ||||||
5 | property" also includes building materials physically | ||||||
6 | incorporated into the qualifying data center. To | ||||||
7 | document the exemption allowed under this Section, the | ||||||
8 | retailer must obtain from the purchaser a copy of the | ||||||
9 | certificate of eligibility issued by the Department of | ||||||
10 | Commerce and Economic Opportunity. | ||||||
11 | This item (44) is exempt from the provisions of | ||||||
12 | Section 2-70. | ||||||
13 | (45) Beginning January 1, 2020 and through December | ||||||
14 | 31, 2020, sales of tangible personal property made by a | ||||||
15 | marketplace seller over a marketplace for which tax is due | ||||||
16 | under this Act but for which use tax has been collected and | ||||||
17 | remitted to the Department by a marketplace facilitator | ||||||
18 | under Section 2d of the Use Tax Act are exempt from tax | ||||||
19 | under this Act. A marketplace seller claiming this | ||||||
20 | exemption shall maintain books and records demonstrating | ||||||
21 | that the use tax on such sales has been collected and | ||||||
22 | remitted by a marketplace facilitator. Marketplace sellers | ||||||
23 | that have properly remitted tax under this Act on such | ||||||
24 | sales may file a claim for credit as provided in Section 6 | ||||||
25 | of this Act. No claim is allowed, however, for such taxes | ||||||
26 | for which a credit or refund has been issued to the |
| |||||||
| |||||||
1 | marketplace facilitator under the Use Tax Act, or for | ||||||
2 | which the marketplace facilitator has filed a claim for | ||||||
3 | credit or refund under the Use Tax Act. | ||||||
4 | (46) Beginning July 1, 2022, breast pumps, breast pump | ||||||
5 | collection and storage supplies, and breast pump kits. | ||||||
6 | This item (46) is exempt from the provisions of Section | ||||||
7 | 2-70. As used in this item (46): | ||||||
8 | "Breast pump" means an electrically controlled or | ||||||
9 | manually controlled pump device designed or marketed to be | ||||||
10 | used to express milk from a human breast during lactation, | ||||||
11 | including the pump device and any battery, AC adapter, or | ||||||
12 | other power supply unit that is used to power the pump | ||||||
13 | device and is packaged and sold with the pump device at the | ||||||
14 | time of sale. | ||||||
15 | "Breast pump collection and storage supplies" means | ||||||
16 | items of tangible personal property designed or marketed | ||||||
17 | to be used in conjunction with a breast pump to collect | ||||||
18 | milk expressed from a human breast and to store collected | ||||||
19 | milk until it is ready for consumption. | ||||||
20 | "Breast pump collection and storage supplies" | ||||||
21 | includes, but is not limited to: breast shields and breast | ||||||
22 | shield connectors; breast pump tubes and tubing adapters; | ||||||
23 | breast pump valves and membranes; backflow protectors and | ||||||
24 | backflow protector adaptors; bottles and bottle caps | ||||||
25 | specific to the operation of the breast pump; and breast | ||||||
26 | milk storage bags. |
| |||||||
| |||||||
1 | "Breast pump collection and storage supplies" does not | ||||||
2 | include: (1) bottles and bottle caps not specific to the | ||||||
3 | operation of the breast pump; (2) breast pump travel bags | ||||||
4 | and other similar carrying accessories, including ice | ||||||
5 | packs, labels, and other similar products; (3) breast pump | ||||||
6 | cleaning supplies; (4) nursing bras, bra pads, breast | ||||||
7 | shells, and other similar products; and (5) creams, | ||||||
8 | ointments, and other similar products that relieve | ||||||
9 | breastfeeding-related symptoms or conditions of the | ||||||
10 | breasts or nipples, unless sold as part of a breast pump | ||||||
11 | kit that is pre-packaged by the breast pump manufacturer | ||||||
12 | or distributor. | ||||||
13 | "Breast pump kit" means a kit that: (1) contains no | ||||||
14 | more than a breast pump, breast pump collection and | ||||||
15 | storage supplies, a rechargeable battery for operating the | ||||||
16 | breast pump, a breastmilk cooler, bottle stands, ice | ||||||
17 | packs, and a breast pump carrying case; and (2) is | ||||||
18 | pre-packaged as a breast pump kit by the breast pump | ||||||
19 | manufacturer or distributor. | ||||||
20 | (47) Tangible personal property sold by or on behalf | ||||||
21 | of the State Treasurer pursuant to the Revised Uniform | ||||||
22 | Unclaimed Property Act. This item (47) is exempt from the | ||||||
23 | provisions of Section 2-70. | ||||||
24 | (48) Beginning on January 1, 2024, tangible personal | ||||||
25 | property purchased by an active duty member of the armed | ||||||
26 | forces of the United States who presents valid military |
| |||||||
| |||||||
1 | identification and purchases the property using a form of | ||||||
2 | payment where the federal government is the payor. The | ||||||
3 | member of the armed forces must complete, at the point of | ||||||
4 | sale, a form prescribed by the Department of Revenue | ||||||
5 | documenting that the transaction is eligible for the | ||||||
6 | exemption under this paragraph. Retailers must keep the | ||||||
7 | form as documentation of the exemption in their records | ||||||
8 | for a period of not less than 6 years. "Armed forces of the | ||||||
9 | United States" means the United States Army, Navy, Air | ||||||
10 | Force, Marine Corps, or Coast Guard. This paragraph is | ||||||
11 | exempt from the provisions of Section 2-70. | ||||||
12 | (Source: P.A. 102-16, eff. 6-17-21; 102-634, eff. 8-27-21; | ||||||
13 | 102-700, Article 70, Section 70-20, eff. 4-19-22; 102-700, | ||||||
14 | Article 75, Section 75-20, eff. 4-19-22; 102-813, eff. | ||||||
15 | 5-13-22; 102-1026, eff. 5-27-22; 103-9, Article 5, Section | ||||||
16 | 5-20, eff. 6-7-23; 103-9, Article 15, Section 15-20, eff. | ||||||
17 | 6-7-23; 103-154, eff. 6-30-23; 103-384, eff. 1-1-24; revised | ||||||
18 | 12-12-23.)
| ||||||
19 | (35 ILCS 120/3) (from Ch. 120, par. 442) | ||||||
20 | Sec. 3. Except as provided in this Section, on or before | ||||||
21 | the twentieth day of each calendar month, every person engaged | ||||||
22 | in the business of selling tangible personal property at | ||||||
23 | retail in this State during the preceding calendar month shall | ||||||
24 | file a return with the Department, stating: | ||||||
25 | 1. The name of the seller; |
| |||||||
| |||||||
1 | 2. His residence address and the address of his | ||||||
2 | principal place of business and the address of the | ||||||
3 | principal place of business (if that is a different | ||||||
4 | address) from which he engages in the business of selling | ||||||
5 | tangible personal property at retail in this State; | ||||||
6 | 3. Total amount of receipts received by him during the | ||||||
7 | preceding calendar month or quarter, as the case may be, | ||||||
8 | from sales of tangible personal property, and from | ||||||
9 | services furnished, by him during such preceding calendar | ||||||
10 | month or quarter; | ||||||
11 | 4. Total amount received by him during the preceding | ||||||
12 | calendar month or quarter on charge and time sales of | ||||||
13 | tangible personal property, and from services furnished, | ||||||
14 | by him prior to the month or quarter for which the return | ||||||
15 | is filed; | ||||||
16 | 5. Deductions allowed by law; | ||||||
17 | 6. Gross receipts which were received by him during | ||||||
18 | the preceding calendar month or quarter and upon the basis | ||||||
19 | of which the tax is imposed, including gross receipts on | ||||||
20 | food for human consumption that is to be consumed off the | ||||||
21 | premises where it is sold (other than alcoholic beverages, | ||||||
22 | food consisting of or infused with adult use cannabis, | ||||||
23 | soft drinks, and food that has been prepared for immediate | ||||||
24 | consumption) which were received during the preceding | ||||||
25 | calendar month or quarter and upon which tax would have | ||||||
26 | been due but for the 0% rate imposed under Public Act |
| |||||||
| |||||||
1 | 102-700; | ||||||
2 | 7. The amount of credit provided in Section 2d of this | ||||||
3 | Act; | ||||||
4 | 8. The amount of tax due, including the amount of tax | ||||||
5 | that would have been due on food for human consumption | ||||||
6 | that is to be consumed off the premises where it is sold | ||||||
7 | (other than alcoholic beverages, food consisting of or | ||||||
8 | infused with adult use cannabis, soft drinks, and food | ||||||
9 | that has been prepared for immediate consumption) but for | ||||||
10 | the 0% rate imposed under Public Act 102-700; | ||||||
11 | 9. The signature of the taxpayer; and | ||||||
12 | 10. Such other reasonable information as the | ||||||
13 | Department may require. | ||||||
14 | On and after January 1, 2018, except for returns required | ||||||
15 | to be filed prior to January 1, 2023 for motor vehicles, | ||||||
16 | watercraft, aircraft, and trailers that are required to be | ||||||
17 | registered with an agency of this State, with respect to | ||||||
18 | retailers whose annual gross receipts average $20,000 or more, | ||||||
19 | all returns required to be filed pursuant to this Act shall be | ||||||
20 | filed electronically. On and after January 1, 2023, with | ||||||
21 | respect to retailers whose annual gross receipts average | ||||||
22 | $20,000 or more, all returns required to be filed pursuant to | ||||||
23 | this Act, including, but not limited to, returns for motor | ||||||
24 | vehicles, watercraft, aircraft, and trailers that are required | ||||||
25 | to be registered with an agency of this State, shall be filed | ||||||
26 | electronically. Retailers who demonstrate that they do not |
| |||||||
| |||||||
1 | have access to the Internet or demonstrate hardship in filing | ||||||
2 | electronically may petition the Department to waive the | ||||||
3 | electronic filing requirement. | ||||||
4 | If a taxpayer fails to sign a return within 30 days after | ||||||
5 | the proper notice and demand for signature by the Department, | ||||||
6 | the return shall be considered valid and any amount shown to be | ||||||
7 | due on the return shall be deemed assessed. | ||||||
8 | Each return shall be accompanied by the statement of | ||||||
9 | prepaid tax issued pursuant to Section 2e for which credit is | ||||||
10 | claimed. | ||||||
11 | Prior to October 1, 2003 , and on and after September 1, | ||||||
12 | 2004 , a retailer may accept a Manufacturer's Purchase Credit | ||||||
13 | certification from a purchaser in satisfaction of Use Tax as | ||||||
14 | provided in Section 3-85 of the Use Tax Act if the purchaser | ||||||
15 | provides the appropriate documentation as required by Section | ||||||
16 | 3-85 of the Use Tax Act. A Manufacturer's Purchase Credit | ||||||
17 | certification, accepted by a retailer prior to October 1, 2003 | ||||||
18 | and on and after September 1, 2004 as provided in Section 3-85 | ||||||
19 | of the Use Tax Act, may be used by that retailer to satisfy | ||||||
20 | Retailers' Occupation Tax liability in the amount claimed in | ||||||
21 | the certification, not to exceed 6.25% of the receipts subject | ||||||
22 | to tax from a qualifying purchase. A Manufacturer's Purchase | ||||||
23 | Credit reported on any original or amended return filed under | ||||||
24 | this Act after October 20, 2003 for reporting periods prior to | ||||||
25 | September 1, 2004 shall be disallowed. Manufacturer's Purchase | ||||||
26 | Credit reported on annual returns due on or after January 1, |
| |||||||
| |||||||
1 | 2005 will be disallowed for periods prior to September 1, | ||||||
2 | 2004. No Manufacturer's Purchase Credit may be used after | ||||||
3 | September 30, 2003 through August 31, 2004 to satisfy any tax | ||||||
4 | liability imposed under this Act, including any audit | ||||||
5 | liability. | ||||||
6 | Beginning on July 1, 2023 and through December 31, 2032, a | ||||||
7 | retailer may accept a Sustainable Aviation Fuel Purchase | ||||||
8 | Credit certification from an air common carrier-purchaser in | ||||||
9 | satisfaction of Use Tax on aviation fuel as provided in | ||||||
10 | Section 3-87 of the Use Tax Act if the purchaser provides the | ||||||
11 | appropriate documentation as required by Section 3-87 of the | ||||||
12 | Use Tax Act. A Sustainable Aviation Fuel Purchase Credit | ||||||
13 | certification accepted by a retailer in accordance with this | ||||||
14 | paragraph may be used by that retailer to satisfy Retailers' | ||||||
15 | Occupation Tax liability (but not in satisfaction of penalty | ||||||
16 | or interest) in the amount claimed in the certification, not | ||||||
17 | to exceed 6.25% of the receipts subject to tax from a sale of | ||||||
18 | aviation fuel. In addition, for a sale of aviation fuel to | ||||||
19 | qualify to earn the Sustainable Aviation Fuel Purchase Credit, | ||||||
20 | retailers must retain in their books and records a | ||||||
21 | certification from the producer of the aviation fuel that the | ||||||
22 | aviation fuel sold by the retailer and for which a sustainable | ||||||
23 | aviation fuel purchase credit was earned meets the definition | ||||||
24 | of sustainable aviation fuel under Section 3-87 of the Use Tax | ||||||
25 | Act. The documentation must include detail sufficient for the | ||||||
26 | Department to determine the number of gallons of sustainable |
| |||||||
| |||||||
1 | aviation fuel sold. | ||||||
2 | The Department may require returns to be filed on a | ||||||
3 | quarterly basis. If so required, a return for each calendar | ||||||
4 | quarter shall be filed on or before the twentieth day of the | ||||||
5 | calendar month following the end of such calendar quarter. The | ||||||
6 | taxpayer shall also file a return with the Department for each | ||||||
7 | of the first 2 two months of each calendar quarter, on or | ||||||
8 | before the twentieth day of the following calendar month, | ||||||
9 | stating: | ||||||
10 | 1. The name of the seller; | ||||||
11 | 2. The address of the principal place of business from | ||||||
12 | which he engages in the business of selling tangible | ||||||
13 | personal property at retail in this State; | ||||||
14 | 3. The total amount of taxable receipts received by | ||||||
15 | him during the preceding calendar month from sales of | ||||||
16 | tangible personal property by him during such preceding | ||||||
17 | calendar month, including receipts from charge and time | ||||||
18 | sales, but less all deductions allowed by law; | ||||||
19 | 4. The amount of credit provided in Section 2d of this | ||||||
20 | Act; | ||||||
21 | 5. The amount of tax due; and | ||||||
22 | 6. Such other reasonable information as the Department | ||||||
23 | may require. | ||||||
24 | Every person engaged in the business of selling aviation | ||||||
25 | fuel at retail in this State during the preceding calendar | ||||||
26 | month shall, instead of reporting and paying tax as otherwise |
| |||||||
| |||||||
1 | required by this Section, report and pay such tax on a separate | ||||||
2 | aviation fuel tax return. The requirements related to the | ||||||
3 | return shall be as otherwise provided in this Section. | ||||||
4 | Notwithstanding any other provisions of this Act to the | ||||||
5 | contrary, retailers selling aviation fuel shall file all | ||||||
6 | aviation fuel tax returns and shall make all aviation fuel tax | ||||||
7 | payments by electronic means in the manner and form required | ||||||
8 | by the Department. For purposes of this Section, "aviation | ||||||
9 | fuel" means jet fuel and aviation gasoline. | ||||||
10 | Beginning on October 1, 2003, any person who is not a | ||||||
11 | licensed distributor, importing distributor, or manufacturer, | ||||||
12 | as defined in the Liquor Control Act of 1934, but is engaged in | ||||||
13 | the business of selling, at retail, alcoholic liquor shall | ||||||
14 | file a statement with the Department of Revenue, in a format | ||||||
15 | and at a time prescribed by the Department, showing the total | ||||||
16 | amount paid for alcoholic liquor purchased during the | ||||||
17 | preceding month and such other information as is reasonably | ||||||
18 | required by the Department. The Department may adopt rules to | ||||||
19 | require that this statement be filed in an electronic or | ||||||
20 | telephonic format. Such rules may provide for exceptions from | ||||||
21 | the filing requirements of this paragraph. For the purposes of | ||||||
22 | this paragraph, the term "alcoholic liquor" shall have the | ||||||
23 | meaning prescribed in the Liquor Control Act of 1934. | ||||||
24 | Beginning on October 1, 2003, every distributor, importing | ||||||
25 | distributor, and manufacturer of alcoholic liquor as defined | ||||||
26 | in the Liquor Control Act of 1934, shall file a statement with |
| |||||||
| |||||||
1 | the Department of Revenue, no later than the 10th day of the | ||||||
2 | month for the preceding month during which transactions | ||||||
3 | occurred, by electronic means, showing the total amount of | ||||||
4 | gross receipts from the sale of alcoholic liquor sold or | ||||||
5 | distributed during the preceding month to purchasers; | ||||||
6 | identifying the purchaser to whom it was sold or distributed; | ||||||
7 | the purchaser's tax registration number; and such other | ||||||
8 | information reasonably required by the Department. A | ||||||
9 | distributor, importing distributor, or manufacturer of | ||||||
10 | alcoholic liquor must personally deliver, mail, or provide by | ||||||
11 | electronic means to each retailer listed on the monthly | ||||||
12 | statement a report containing a cumulative total of that | ||||||
13 | distributor's, importing distributor's, or manufacturer's | ||||||
14 | total sales of alcoholic liquor to that retailer no later than | ||||||
15 | the 10th day of the month for the preceding month during which | ||||||
16 | the transaction occurred. The distributor, importing | ||||||
17 | distributor, or manufacturer shall notify the retailer as to | ||||||
18 | the method by which the distributor, importing distributor, or | ||||||
19 | manufacturer will provide the sales information. If the | ||||||
20 | retailer is unable to receive the sales information by | ||||||
21 | electronic means, the distributor, importing distributor, or | ||||||
22 | manufacturer shall furnish the sales information by personal | ||||||
23 | delivery or by mail. For purposes of this paragraph, the term | ||||||
24 | "electronic means" includes, but is not limited to, the use of | ||||||
25 | a secure Internet website, e-mail, or facsimile. | ||||||
26 | If a total amount of less than $1 is payable, refundable or |
| |||||||
| |||||||
1 | creditable, such amount shall be disregarded if it is less | ||||||
2 | than 50 cents and shall be increased to $1 if it is 50 cents or | ||||||
3 | more. | ||||||
4 | Notwithstanding any other provision of this Act to the | ||||||
5 | contrary, retailers subject to tax on cannabis shall file all | ||||||
6 | cannabis tax returns and shall make all cannabis tax payments | ||||||
7 | by electronic means in the manner and form required by the | ||||||
8 | Department. | ||||||
9 | Beginning October 1, 1993, a taxpayer who has an average | ||||||
10 | monthly tax liability of $150,000 or more shall make all | ||||||
11 | payments required by rules of the Department by electronic | ||||||
12 | funds transfer. Beginning October 1, 1994, a taxpayer who has | ||||||
13 | an average monthly tax liability of $100,000 or more shall | ||||||
14 | make all payments required by rules of the Department by | ||||||
15 | electronic funds transfer. Beginning October 1, 1995, a | ||||||
16 | taxpayer who has an average monthly tax liability of $50,000 | ||||||
17 | or more shall make all payments required by rules of the | ||||||
18 | Department by electronic funds transfer. Beginning October 1, | ||||||
19 | 2000, a taxpayer who has an annual tax liability of $200,000 or | ||||||
20 | more shall make all payments required by rules of the | ||||||
21 | Department by electronic funds transfer. The term "annual tax | ||||||
22 | liability" shall be the sum of the taxpayer's liabilities | ||||||
23 | under this Act, and under all other State and local occupation | ||||||
24 | and use tax laws administered by the Department, for the | ||||||
25 | immediately preceding calendar year. The term "average monthly | ||||||
26 | tax liability" shall be the sum of the taxpayer's liabilities |
| |||||||
| |||||||
1 | under this Act, and under all other State and local occupation | ||||||
2 | and use tax laws administered by the Department, for the | ||||||
3 | immediately preceding calendar year divided by 12. Beginning | ||||||
4 | on October 1, 2002, a taxpayer who has a tax liability in the | ||||||
5 | amount set forth in subsection (b) of Section 2505-210 of the | ||||||
6 | Department of Revenue Law shall make all payments required by | ||||||
7 | rules of the Department by electronic funds transfer. | ||||||
8 | Before August 1 of each year beginning in 1993, the | ||||||
9 | Department shall notify all taxpayers required to make | ||||||
10 | payments by electronic funds transfer. All taxpayers required | ||||||
11 | to make payments by electronic funds transfer shall make those | ||||||
12 | payments for a minimum of one year beginning on October 1. | ||||||
13 | Any taxpayer not required to make payments by electronic | ||||||
14 | funds transfer may make payments by electronic funds transfer | ||||||
15 | with the permission of the Department. | ||||||
16 | All taxpayers required to make payment by electronic funds | ||||||
17 | transfer and any taxpayers authorized to voluntarily make | ||||||
18 | payments by electronic funds transfer shall make those | ||||||
19 | payments in the manner authorized by the Department. | ||||||
20 | The Department shall adopt such rules as are necessary to | ||||||
21 | effectuate a program of electronic funds transfer and the | ||||||
22 | requirements of this Section. | ||||||
23 | Any amount which is required to be shown or reported on any | ||||||
24 | return or other document under this Act shall, if such amount | ||||||
25 | is not a whole-dollar amount, be increased to the nearest | ||||||
26 | whole-dollar amount in any case where the fractional part of a |
| |||||||
| |||||||
1 | dollar is 50 cents or more, and decreased to the nearest | ||||||
2 | whole-dollar amount where the fractional part of a dollar is | ||||||
3 | less than 50 cents. | ||||||
4 | If the retailer is otherwise required to file a monthly | ||||||
5 | return and if the retailer's average monthly tax liability to | ||||||
6 | the Department does not exceed $200, the Department may | ||||||
7 | authorize his returns to be filed on a quarter annual basis, | ||||||
8 | with the return for January, February , and March of a given | ||||||
9 | year being due by April 20 of such year; with the return for | ||||||
10 | April, May , and June of a given year being due by July 20 of | ||||||
11 | such year; with the return for July, August , and September of a | ||||||
12 | given year being due by October 20 of such year, and with the | ||||||
13 | return for October, November , and December of a given year | ||||||
14 | being due by January 20 of the following year. | ||||||
15 | If the retailer is otherwise required to file a monthly or | ||||||
16 | quarterly return and if the retailer's average monthly tax | ||||||
17 | liability with the Department does not exceed $50, the | ||||||
18 | Department may authorize his returns to be filed on an annual | ||||||
19 | basis, with the return for a given year being due by January 20 | ||||||
20 | of the following year. | ||||||
21 | Such quarter annual and annual returns, as to form and | ||||||
22 | substance, shall be subject to the same requirements as | ||||||
23 | monthly returns. | ||||||
24 | Notwithstanding any other provision in this Act concerning | ||||||
25 | the time within which a retailer may file his return, in the | ||||||
26 | case of any retailer who ceases to engage in a kind of business |
| |||||||
| |||||||
1 | which makes him responsible for filing returns under this Act, | ||||||
2 | such retailer shall file a final return under this Act with the | ||||||
3 | Department not more than one month after discontinuing such | ||||||
4 | business. | ||||||
5 | Where the same person has more than one business | ||||||
6 | registered with the Department under separate registrations | ||||||
7 | under this Act, such person may not file each return that is | ||||||
8 | due as a single return covering all such registered | ||||||
9 | businesses, but shall file separate returns for each such | ||||||
10 | registered business. | ||||||
11 | In addition, with respect to motor vehicles, watercraft, | ||||||
12 | aircraft, and trailers that are required to be registered with | ||||||
13 | an agency of this State, except as otherwise provided in this | ||||||
14 | Section, every retailer selling this kind of tangible personal | ||||||
15 | property shall file, with the Department, upon a form to be | ||||||
16 | prescribed and supplied by the Department, a separate return | ||||||
17 | for each such item of tangible personal property which the | ||||||
18 | retailer sells, except that if, in the same transaction, (i) a | ||||||
19 | retailer of aircraft, watercraft, motor vehicles , or trailers | ||||||
20 | transfers more than one aircraft, watercraft, motor vehicle , | ||||||
21 | or trailer to another aircraft, watercraft, motor vehicle | ||||||
22 | retailer , or trailer retailer for the purpose of resale or | ||||||
23 | (ii) a retailer of aircraft, watercraft, motor vehicles, or | ||||||
24 | trailers transfers more than one aircraft, watercraft, motor | ||||||
25 | vehicle, or trailer to a purchaser for use as a qualifying | ||||||
26 | rolling stock as provided in Section 2-5 of this Act, then that |
| |||||||
| |||||||
1 | seller may report the transfer of all aircraft, watercraft, | ||||||
2 | motor vehicles , or trailers involved in that transaction to | ||||||
3 | the Department on the same uniform invoice-transaction | ||||||
4 | reporting return form. For purposes of this Section, | ||||||
5 | "watercraft" means a Class 2, Class 3, or Class 4 watercraft as | ||||||
6 | defined in Section 3-2 of the Boat Registration and Safety | ||||||
7 | Act, a personal watercraft, or any boat equipped with an | ||||||
8 | inboard motor. | ||||||
9 | In addition, with respect to motor vehicles, watercraft, | ||||||
10 | aircraft, and trailers that are required to be registered with | ||||||
11 | an agency of this State, every person who is engaged in the | ||||||
12 | business of leasing or renting such items and who, in | ||||||
13 | connection with such business, sells any such item to a | ||||||
14 | retailer for the purpose of resale is, notwithstanding any | ||||||
15 | other provision of this Section to the contrary, authorized to | ||||||
16 | meet the return-filing requirement of this Act by reporting | ||||||
17 | the transfer of all the aircraft, watercraft, motor vehicles, | ||||||
18 | or trailers transferred for resale during a month to the | ||||||
19 | Department on the same uniform invoice-transaction reporting | ||||||
20 | return form on or before the 20th of the month following the | ||||||
21 | month in which the transfer takes place. Notwithstanding any | ||||||
22 | other provision of this Act to the contrary, all returns filed | ||||||
23 | under this paragraph must be filed by electronic means in the | ||||||
24 | manner and form as required by the Department. | ||||||
25 | Any retailer who sells only motor vehicles, watercraft, | ||||||
26 | aircraft, or trailers that are required to be registered with |
| |||||||
| |||||||
1 | an agency of this State, so that all retailers' occupation tax | ||||||
2 | liability is required to be reported, and is reported, on such | ||||||
3 | transaction reporting returns and who is not otherwise | ||||||
4 | required to file monthly or quarterly returns, need not file | ||||||
5 | monthly or quarterly returns. However, those retailers shall | ||||||
6 | be required to file returns on an annual basis. | ||||||
7 | The transaction reporting return, in the case of motor | ||||||
8 | vehicles or trailers that are required to be registered with | ||||||
9 | an agency of this State, shall be the same document as the | ||||||
10 | Uniform Invoice referred to in Section 5-402 of the Illinois | ||||||
11 | Vehicle Code and must show the name and address of the seller; | ||||||
12 | the name and address of the purchaser; the amount of the | ||||||
13 | selling price including the amount allowed by the retailer for | ||||||
14 | traded-in property, if any; the amount allowed by the retailer | ||||||
15 | for the traded-in tangible personal property, if any, to the | ||||||
16 | extent to which Section 1 of this Act allows an exemption for | ||||||
17 | the value of traded-in property; the balance payable after | ||||||
18 | deducting such trade-in allowance from the total selling | ||||||
19 | price; the amount of tax due from the retailer with respect to | ||||||
20 | such transaction; the amount of tax collected from the | ||||||
21 | purchaser by the retailer on such transaction (or satisfactory | ||||||
22 | evidence that such tax is not due in that particular instance, | ||||||
23 | if that is claimed to be the fact); the place and date of the | ||||||
24 | sale; a sufficient identification of the property sold; such | ||||||
25 | other information as is required in Section 5-402 of the | ||||||
26 | Illinois Vehicle Code, and such other information as the |
| |||||||
| |||||||
1 | Department may reasonably require. | ||||||
2 | The transaction reporting return in the case of watercraft | ||||||
3 | or aircraft must show the name and address of the seller; the | ||||||
4 | name and address of the purchaser; the amount of the selling | ||||||
5 | price including the amount allowed by the retailer for | ||||||
6 | traded-in property, if any; the amount allowed by the retailer | ||||||
7 | for the traded-in tangible personal property, if any, to the | ||||||
8 | extent to which Section 1 of this Act allows an exemption for | ||||||
9 | the value of traded-in property; the balance payable after | ||||||
10 | deducting such trade-in allowance from the total selling | ||||||
11 | price; the amount of tax due from the retailer with respect to | ||||||
12 | such transaction; the amount of tax collected from the | ||||||
13 | purchaser by the retailer on such transaction (or satisfactory | ||||||
14 | evidence that such tax is not due in that particular instance, | ||||||
15 | if that is claimed to be the fact); the place and date of the | ||||||
16 | sale, a sufficient identification of the property sold, and | ||||||
17 | such other information as the Department may reasonably | ||||||
18 | require. | ||||||
19 | Such transaction reporting return shall be filed not later | ||||||
20 | than 20 days after the day of delivery of the item that is | ||||||
21 | being sold, but may be filed by the retailer at any time sooner | ||||||
22 | than that if he chooses to do so. The transaction reporting | ||||||
23 | return and tax remittance or proof of exemption from the | ||||||
24 | Illinois use tax may be transmitted to the Department by way of | ||||||
25 | the State agency with which, or State officer with whom the | ||||||
26 | tangible personal property must be titled or registered (if |
| |||||||
| |||||||
1 | titling or registration is required) if the Department and | ||||||
2 | such agency or State officer determine that this procedure | ||||||
3 | will expedite the processing of applications for title or | ||||||
4 | registration. | ||||||
5 | With each such transaction reporting return, the retailer | ||||||
6 | shall remit the proper amount of tax due (or shall submit | ||||||
7 | satisfactory evidence that the sale is not taxable if that is | ||||||
8 | the case), to the Department or its agents, whereupon the | ||||||
9 | Department shall issue, in the purchaser's name, a use tax | ||||||
10 | receipt (or a certificate of exemption if the Department is | ||||||
11 | satisfied that the particular sale is tax exempt) which such | ||||||
12 | purchaser may submit to the agency with which, or State | ||||||
13 | officer with whom, he must title or register the tangible | ||||||
14 | personal property that is involved (if titling or registration | ||||||
15 | is required) in support of such purchaser's application for an | ||||||
16 | Illinois certificate or other evidence of title or | ||||||
17 | registration to such tangible personal property. | ||||||
18 | No retailer's failure or refusal to remit tax under this | ||||||
19 | Act precludes a user, who has paid the proper tax to the | ||||||
20 | retailer, from obtaining his certificate of title or other | ||||||
21 | evidence of title or registration (if titling or registration | ||||||
22 | is required) upon satisfying the Department that such user has | ||||||
23 | paid the proper tax (if tax is due) to the retailer. The | ||||||
24 | Department shall adopt appropriate rules to carry out the | ||||||
25 | mandate of this paragraph. | ||||||
26 | If the user who would otherwise pay tax to the retailer |
| |||||||
| |||||||
1 | wants the transaction reporting return filed and the payment | ||||||
2 | of the tax or proof of exemption made to the Department before | ||||||
3 | the retailer is willing to take these actions and such user has | ||||||
4 | not paid the tax to the retailer, such user may certify to the | ||||||
5 | fact of such delay by the retailer and may (upon the Department | ||||||
6 | being satisfied of the truth of such certification) transmit | ||||||
7 | the information required by the transaction reporting return | ||||||
8 | and the remittance for tax or proof of exemption directly to | ||||||
9 | the Department and obtain his tax receipt or exemption | ||||||
10 | determination, in which event the transaction reporting return | ||||||
11 | and tax remittance (if a tax payment was required) shall be | ||||||
12 | credited by the Department to the proper retailer's account | ||||||
13 | with the Department, but without the 2.1% or 1.75% discount | ||||||
14 | provided for in this Section being allowed. When the user pays | ||||||
15 | the tax directly to the Department, he shall pay the tax in the | ||||||
16 | same amount and in the same form in which it would be remitted | ||||||
17 | if the tax had been remitted to the Department by the retailer. | ||||||
18 | Refunds made by the seller during the preceding return | ||||||
19 | period to purchasers, on account of tangible personal property | ||||||
20 | returned to the seller, shall be allowed as a deduction under | ||||||
21 | subdivision 5 of his monthly or quarterly return, as the case | ||||||
22 | may be, in case the seller had theretofore included the | ||||||
23 | receipts from the sale of such tangible personal property in a | ||||||
24 | return filed by him and had paid the tax imposed by this Act | ||||||
25 | with respect to such receipts. | ||||||
26 | Where the seller is a corporation, the return filed on |
| |||||||
| |||||||
1 | behalf of such corporation shall be signed by the president, | ||||||
2 | vice-president, secretary , or treasurer or by the properly | ||||||
3 | accredited agent of such corporation. | ||||||
4 | Where the seller is a limited liability company, the | ||||||
5 | return filed on behalf of the limited liability company shall | ||||||
6 | be signed by a manager, member, or properly accredited agent | ||||||
7 | of the limited liability company. | ||||||
8 | Except as provided in this Section, the retailer filing | ||||||
9 | the return under this Section shall, at the time of filing such | ||||||
10 | return, pay to the Department the amount of tax imposed by this | ||||||
11 | Act less a discount of 2.1% prior to January 1, 1990 and 1.75% | ||||||
12 | on and after January 1, 1990, or $5 per calendar year, | ||||||
13 | whichever is greater, which is allowed to reimburse the | ||||||
14 | retailer for the expenses incurred in keeping records, | ||||||
15 | preparing and filing returns, remitting the tax and supplying | ||||||
16 | data to the Department on request. On and after January 1, | ||||||
17 | 2021, a certified service provider, as defined in the Leveling | ||||||
18 | the Playing Field for Illinois Retail Act, filing the return | ||||||
19 | under this Section on behalf of a remote retailer shall, at the | ||||||
20 | time of such return, pay to the Department the amount of tax | ||||||
21 | imposed by this Act less a discount of 1.75%. A remote retailer | ||||||
22 | using a certified service provider to file a return on its | ||||||
23 | behalf, as provided in the Leveling the Playing Field for | ||||||
24 | Illinois Retail Act, is not eligible for the discount. When | ||||||
25 | determining the discount allowed under this Section, retailers | ||||||
26 | shall include the amount of tax that would have been due at the |
| |||||||
| |||||||
1 | 1% rate but for the 0% rate imposed under Public Act 102-700. | ||||||
2 | When determining the discount allowed under this Section, | ||||||
3 | retailers shall include the amount of tax that would have been | ||||||
4 | due at the 6.25% rate but for the 1.25% rate imposed on sales | ||||||
5 | tax holiday items under Public Act 102-700. The discount under | ||||||
6 | this Section is not allowed for the 1.25% portion of taxes paid | ||||||
7 | on aviation fuel that is subject to the revenue use | ||||||
8 | requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133. Any | ||||||
9 | prepayment made pursuant to Section 2d of this Act shall be | ||||||
10 | included in the amount on which such 2.1% or 1.75% discount is | ||||||
11 | computed. In the case of retailers who report and pay the tax | ||||||
12 | on a transaction by transaction basis, as provided in this | ||||||
13 | Section, such discount shall be taken with each such tax | ||||||
14 | remittance instead of when such retailer files his periodic | ||||||
15 | return. The discount allowed under this Section is allowed | ||||||
16 | only for returns that are filed in the manner required by this | ||||||
17 | Act. The Department may disallow the discount for retailers | ||||||
18 | whose certificate of registration is revoked at the time the | ||||||
19 | return is filed, but only if the Department's decision to | ||||||
20 | revoke the certificate of registration has become final. | ||||||
21 | Before October 1, 2000, if the taxpayer's average monthly | ||||||
22 | tax liability to the Department under this Act, the Use Tax | ||||||
23 | Act, the Service Occupation Tax Act, and the Service Use Tax | ||||||
24 | Act, excluding any liability for prepaid sales tax to be | ||||||
25 | remitted in accordance with Section 2d of this Act, was | ||||||
26 | $10,000 or more during the preceding 4 complete calendar |
| |||||||
| |||||||
1 | quarters, he shall file a return with the Department each | ||||||
2 | month by the 20th day of the month next following the month | ||||||
3 | during which such tax liability is incurred and shall make | ||||||
4 | payments to the Department on or before the 7th, 15th, 22nd and | ||||||
5 | last day of the month during which such liability is incurred. | ||||||
6 | On and after October 1, 2000, if the taxpayer's average | ||||||
7 | monthly tax liability to the Department under this Act, the | ||||||
8 | Use Tax Act, the Service Occupation Tax Act, and the Service | ||||||
9 | Use Tax Act, excluding any liability for prepaid sales tax to | ||||||
10 | be remitted in accordance with Section 2d of this Act, was | ||||||
11 | $20,000 or more during the preceding 4 complete calendar | ||||||
12 | quarters, he shall file a return with the Department each | ||||||
13 | month by the 20th day of the month next following the month | ||||||
14 | during which such tax liability is incurred and shall make | ||||||
15 | payment to the Department on or before the 7th, 15th, 22nd and | ||||||
16 | last day of the month during which such liability is incurred. | ||||||
17 | If the month during which such tax liability is incurred began | ||||||
18 | prior to January 1, 1985, each payment shall be in an amount | ||||||
19 | equal to 1/4 of the taxpayer's actual liability for the month | ||||||
20 | or an amount set by the Department not to exceed 1/4 of the | ||||||
21 | average monthly liability of the taxpayer to the Department | ||||||
22 | for the preceding 4 complete calendar quarters (excluding the | ||||||
23 | month of highest liability and the month of lowest liability | ||||||
24 | in such 4 quarter period). If the month during which such tax | ||||||
25 | liability is incurred begins on or after January 1, 1985 and | ||||||
26 | prior to January 1, 1987, each payment shall be in an amount |
| |||||||
| |||||||
1 | equal to 22.5% of the taxpayer's actual liability for the | ||||||
2 | month or 27.5% of the taxpayer's liability for the same | ||||||
3 | calendar month of the preceding year. If the month during | ||||||
4 | which such tax liability is incurred begins on or after | ||||||
5 | January 1, 1987 and prior to January 1, 1988, each payment | ||||||
6 | shall be in an amount equal to 22.5% of the taxpayer's actual | ||||||
7 | liability for the month or 26.25% of the taxpayer's liability | ||||||
8 | for the same calendar month of the preceding year. If the month | ||||||
9 | during which such tax liability is incurred begins on or after | ||||||
10 | January 1, 1988, and prior to January 1, 1989, or begins on or | ||||||
11 | after January 1, 1996, each payment shall be in an amount equal | ||||||
12 | to 22.5% of the taxpayer's actual liability for the month or | ||||||
13 | 25% of the taxpayer's liability for the same calendar month of | ||||||
14 | the preceding year. If the month during which such tax | ||||||
15 | liability is incurred begins on or after January 1, 1989, and | ||||||
16 | prior to January 1, 1996, each payment shall be in an amount | ||||||
17 | equal to 22.5% of the taxpayer's actual liability for the | ||||||
18 | month or 25% of the taxpayer's liability for the same calendar | ||||||
19 | month of the preceding year or 100% of the taxpayer's actual | ||||||
20 | liability for the quarter monthly reporting period. The amount | ||||||
21 | of such quarter monthly payments shall be credited against the | ||||||
22 | final tax liability of the taxpayer's return for that month. | ||||||
23 | Before October 1, 2000, once applicable, the requirement of | ||||||
24 | the making of quarter monthly payments to the Department by | ||||||
25 | taxpayers having an average monthly tax liability of $10,000 | ||||||
26 | or more as determined in the manner provided above shall |
| |||||||
| |||||||
1 | continue until such taxpayer's average monthly liability to | ||||||
2 | the Department during the preceding 4 complete calendar | ||||||
3 | quarters (excluding the month of highest liability and the | ||||||
4 | month of lowest liability) is less than $9,000, or until such | ||||||
5 | taxpayer's average monthly liability to the Department as | ||||||
6 | computed for each calendar quarter of the 4 preceding complete | ||||||
7 | calendar quarter period is less than $10,000. However, if a | ||||||
8 | taxpayer can show the Department that a substantial change in | ||||||
9 | the taxpayer's business has occurred which causes the taxpayer | ||||||
10 | to anticipate that his average monthly tax liability for the | ||||||
11 | reasonably foreseeable future will fall below the $10,000 | ||||||
12 | threshold stated above, then such taxpayer may petition the | ||||||
13 | Department for a change in such taxpayer's reporting status. | ||||||
14 | On and after October 1, 2000, once applicable, the requirement | ||||||
15 | of the making of quarter monthly payments to the Department by | ||||||
16 | taxpayers having an average monthly tax liability of $20,000 | ||||||
17 | or more as determined in the manner provided above shall | ||||||
18 | continue until such taxpayer's average monthly liability to | ||||||
19 | the Department during the preceding 4 complete calendar | ||||||
20 | quarters (excluding the month of highest liability and the | ||||||
21 | month of lowest liability) is less than $19,000 or until such | ||||||
22 | taxpayer's average monthly liability to the Department as | ||||||
23 | computed for each calendar quarter of the 4 preceding complete | ||||||
24 | calendar quarter period is less than $20,000. However, if a | ||||||
25 | taxpayer can show the Department that a substantial change in | ||||||
26 | the taxpayer's business has occurred which causes the taxpayer |
| |||||||
| |||||||
1 | to anticipate that his average monthly tax liability for the | ||||||
2 | reasonably foreseeable future will fall below the $20,000 | ||||||
3 | threshold stated above, then such taxpayer may petition the | ||||||
4 | Department for a change in such taxpayer's reporting status. | ||||||
5 | The Department shall change such taxpayer's reporting status | ||||||
6 | unless it finds that such change is seasonal in nature and not | ||||||
7 | likely to be long term. Quarter monthly payment status shall | ||||||
8 | be determined under this paragraph as if the rate reduction to | ||||||
9 | 0% in Public Act 102-700 on food for human consumption that is | ||||||
10 | to be consumed off the premises where it is sold (other than | ||||||
11 | alcoholic beverages, food consisting of or infused with adult | ||||||
12 | use cannabis, soft drinks, and food that has been prepared for | ||||||
13 | immediate consumption) had not occurred. For quarter monthly | ||||||
14 | payments due under this paragraph on or after July 1, 2023 and | ||||||
15 | through June 30, 2024, "25% of the taxpayer's liability for | ||||||
16 | the same calendar month of the preceding year" shall be | ||||||
17 | determined as if the rate reduction to 0% in Public Act 102-700 | ||||||
18 | had not occurred. Quarter monthly payment status shall be | ||||||
19 | determined under this paragraph as if the rate reduction to | ||||||
20 | 1.25% in Public Act 102-700 on sales tax holiday items had not | ||||||
21 | occurred. For quarter monthly payments due on or after July 1, | ||||||
22 | 2023 and through June 30, 2024, "25% of the taxpayer's | ||||||
23 | liability for the same calendar month of the preceding year" | ||||||
24 | shall be determined as if the rate reduction to 1.25% in Public | ||||||
25 | Act 102-700 on sales tax holiday items had not occurred. If any | ||||||
26 | such quarter monthly payment is not paid at the time or in the |
| |||||||
| |||||||
1 | amount required by this Section, then the taxpayer shall be | ||||||
2 | liable for penalties and interest on the difference between | ||||||
3 | the minimum amount due as a payment and the amount of such | ||||||
4 | quarter monthly payment actually and timely paid, except | ||||||
5 | insofar as the taxpayer has previously made payments for that | ||||||
6 | month to the Department in excess of the minimum payments | ||||||
7 | previously due as provided in this Section. The Department | ||||||
8 | shall make reasonable rules and regulations to govern the | ||||||
9 | quarter monthly payment amount and quarter monthly payment | ||||||
10 | dates for taxpayers who file on other than a calendar monthly | ||||||
11 | basis. | ||||||
12 | The provisions of this paragraph apply before October 1, | ||||||
13 | 2001. Without regard to whether a taxpayer is required to make | ||||||
14 | quarter monthly payments as specified above, any taxpayer who | ||||||
15 | is required by Section 2d of this Act to collect and remit | ||||||
16 | prepaid taxes and has collected prepaid taxes which average in | ||||||
17 | excess of $25,000 per month during the preceding 2 complete | ||||||
18 | calendar quarters, shall file a return with the Department as | ||||||
19 | required by Section 2f and shall make payments to the | ||||||
20 | Department on or before the 7th, 15th, 22nd and last day of the | ||||||
21 | month during which such liability is incurred. If the month | ||||||
22 | during which such tax liability is incurred began prior to | ||||||
23 | September 1, 1985 (the effective date of Public Act 84-221), | ||||||
24 | each payment shall be in an amount not less than 22.5% of the | ||||||
25 | taxpayer's actual liability under Section 2d. If the month | ||||||
26 | during which such tax liability is incurred begins on or after |
| |||||||
| |||||||
1 | January 1, 1986, each payment shall be in an amount equal to | ||||||
2 | 22.5% of the taxpayer's actual liability for the month or | ||||||
3 | 27.5% of the taxpayer's liability for the same calendar month | ||||||
4 | of the preceding calendar year. If the month during which such | ||||||
5 | tax liability is incurred begins on or after January 1, 1987, | ||||||
6 | each payment shall be in an amount equal to 22.5% of the | ||||||
7 | taxpayer's actual liability for the month or 26.25% of the | ||||||
8 | taxpayer's liability for the same calendar month of the | ||||||
9 | preceding year. The amount of such quarter monthly payments | ||||||
10 | shall be credited against the final tax liability of the | ||||||
11 | taxpayer's return for that month filed under this Section or | ||||||
12 | Section 2f, as the case may be. Once applicable, the | ||||||
13 | requirement of the making of quarter monthly payments to the | ||||||
14 | Department pursuant to this paragraph shall continue until | ||||||
15 | such taxpayer's average monthly prepaid tax collections during | ||||||
16 | the preceding 2 complete calendar quarters is $25,000 or less. | ||||||
17 | If any such quarter monthly payment is not paid at the time or | ||||||
18 | in the amount required, the taxpayer shall be liable for | ||||||
19 | penalties and interest on such difference, except insofar as | ||||||
20 | the taxpayer has previously made payments for that month in | ||||||
21 | excess of the minimum payments previously due. | ||||||
22 | The provisions of this paragraph apply on and after | ||||||
23 | October 1, 2001. Without regard to whether a taxpayer is | ||||||
24 | required to make quarter monthly payments as specified above, | ||||||
25 | any taxpayer who is required by Section 2d of this Act to | ||||||
26 | collect and remit prepaid taxes and has collected prepaid |
| |||||||
| |||||||
1 | taxes that average in excess of $20,000 per month during the | ||||||
2 | preceding 4 complete calendar quarters shall file a return | ||||||
3 | with the Department as required by Section 2f and shall make | ||||||
4 | payments to the Department on or before the 7th, 15th, 22nd , | ||||||
5 | and last day of the month during which the liability is | ||||||
6 | incurred. Each payment shall be in an amount equal to 22.5% of | ||||||
7 | the taxpayer's actual liability for the month or 25% of the | ||||||
8 | taxpayer's liability for the same calendar month of the | ||||||
9 | preceding year. The amount of the quarter monthly payments | ||||||
10 | shall be credited against the final tax liability of the | ||||||
11 | taxpayer's return for that month filed under this Section or | ||||||
12 | Section 2f, as the case may be. Once applicable, the | ||||||
13 | requirement of the making of quarter monthly payments to the | ||||||
14 | Department pursuant to this paragraph shall continue until the | ||||||
15 | taxpayer's average monthly prepaid tax collections during the | ||||||
16 | preceding 4 complete calendar quarters (excluding the month of | ||||||
17 | highest liability and the month of lowest liability) is less | ||||||
18 | than $19,000 or until such taxpayer's average monthly | ||||||
19 | liability to the Department as computed for each calendar | ||||||
20 | quarter of the 4 preceding complete calendar quarters is less | ||||||
21 | than $20,000. If any such quarter monthly payment is not paid | ||||||
22 | at the time or in the amount required, the taxpayer shall be | ||||||
23 | liable for penalties and interest on such difference, except | ||||||
24 | insofar as the taxpayer has previously made payments for that | ||||||
25 | month in excess of the minimum payments previously due. | ||||||
26 | If any payment provided for in this Section exceeds the |
| |||||||
| |||||||
1 | taxpayer's liabilities under this Act, the Use Tax Act, the | ||||||
2 | Service Occupation Tax Act , and the Service Use Tax Act, as | ||||||
3 | shown on an original monthly return, the Department shall, if | ||||||
4 | requested by the taxpayer, issue to the taxpayer a credit | ||||||
5 | memorandum no later than 30 days after the date of payment. The | ||||||
6 | credit evidenced by such credit memorandum may be assigned by | ||||||
7 | the taxpayer to a similar taxpayer under this Act, the Use Tax | ||||||
8 | Act, the Service Occupation Tax Act , or the Service Use Tax | ||||||
9 | Act, in accordance with reasonable rules and regulations to be | ||||||
10 | prescribed by the Department. If no such request is made, the | ||||||
11 | taxpayer may credit such excess payment against tax liability | ||||||
12 | subsequently to be remitted to the Department under this Act, | ||||||
13 | the Use Tax Act, the Service Occupation Tax Act , or the Service | ||||||
14 | Use Tax Act, in accordance with reasonable rules and | ||||||
15 | regulations prescribed by the Department. If the Department | ||||||
16 | subsequently determined that all or any part of the credit | ||||||
17 | taken was not actually due to the taxpayer, the taxpayer's | ||||||
18 | 2.1% and 1.75% vendor's discount shall be reduced by 2.1% or | ||||||
19 | 1.75% of the difference between the credit taken and that | ||||||
20 | actually due, and that taxpayer shall be liable for penalties | ||||||
21 | and interest on such difference. | ||||||
22 | If a retailer of motor fuel is entitled to a credit under | ||||||
23 | Section 2d of this Act which exceeds the taxpayer's liability | ||||||
24 | to the Department under this Act for the month for which the | ||||||
25 | taxpayer is filing a return, the Department shall issue the | ||||||
26 | taxpayer a credit memorandum for the excess. |
| |||||||
| |||||||
1 | Beginning January 1, 1990, each month the Department shall | ||||||
2 | pay into the Local Government Tax Fund, a special fund in the | ||||||
3 | State treasury which is hereby created, the net revenue | ||||||
4 | realized for the preceding month from the 1% tax imposed under | ||||||
5 | this Act. | ||||||
6 | Beginning January 1, 1990, each month the Department shall | ||||||
7 | pay into the County and Mass Transit District Fund, a special | ||||||
8 | fund in the State treasury which is hereby created, 4% of the | ||||||
9 | net revenue realized for the preceding month from the 6.25% | ||||||
10 | general rate other than aviation fuel sold on or after | ||||||
11 | December 1, 2019. This exception for aviation fuel only | ||||||
12 | applies for so long as the revenue use requirements of 49 | ||||||
13 | U.S.C. 47107(b) and 49 U.S.C. 47133 are binding on the State. | ||||||
14 | Beginning August 1, 2000, each month the Department shall | ||||||
15 | pay into the County and Mass Transit District Fund 20% of the | ||||||
16 | net revenue realized for the preceding month from the 1.25% | ||||||
17 | rate on the selling price of motor fuel and gasohol. If, in any | ||||||
18 | month, the tax on sales tax holiday items, as defined in | ||||||
19 | Section 2-8, is imposed at the rate of 1.25%, then the | ||||||
20 | Department shall pay 20% of the net revenue realized for that | ||||||
21 | month from the 1.25% rate on the selling price of sales tax | ||||||
22 | holiday items into the County and Mass Transit District Fund. | ||||||
23 | Beginning January 1, 1990, each month the Department shall | ||||||
24 | pay into the Local Government Tax Fund 16% of the net revenue | ||||||
25 | realized for the preceding month from the 6.25% general rate | ||||||
26 | on the selling price of tangible personal property other than |
| |||||||
| |||||||
1 | aviation fuel sold on or after December 1, 2019. This | ||||||
2 | exception for aviation fuel only applies for so long as the | ||||||
3 | revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C. | ||||||
4 | 47133 are binding on the State. | ||||||
5 | For aviation fuel sold on or after December 1, 2019, each | ||||||
6 | month the Department shall pay into the State Aviation Program | ||||||
7 | Fund 20% of the net revenue realized for the preceding month | ||||||
8 | from the 6.25% general rate on the selling price of aviation | ||||||
9 | fuel, less an amount estimated by the Department to be | ||||||
10 | required for refunds of the 20% portion of the tax on aviation | ||||||
11 | fuel under this Act, which amount shall be deposited into the | ||||||
12 | Aviation Fuel Sales Tax Refund Fund. The Department shall only | ||||||
13 | pay moneys into the State Aviation Program Fund and the | ||||||
14 | Aviation Fuel Sales Tax Refund Fund under this Act for so long | ||||||
15 | as the revenue use requirements of 49 U.S.C. 47107(b) and 49 | ||||||
16 | U.S.C. 47133 are binding on the State. | ||||||
17 | Beginning August 1, 2000, each month the Department shall | ||||||
18 | pay into the Local Government Tax Fund 80% of the net revenue | ||||||
19 | realized for the preceding month from the 1.25% rate on the | ||||||
20 | selling price of motor fuel and gasohol. If, in any month, the | ||||||
21 | tax on sales tax holiday items, as defined in Section 2-8, is | ||||||
22 | imposed at the rate of 1.25%, then the Department shall pay 80% | ||||||
23 | of the net revenue realized for that month from the 1.25% rate | ||||||
24 | on the selling price of sales tax holiday items into the Local | ||||||
25 | Government Tax Fund. | ||||||
26 | Beginning October 1, 2009, each month the Department shall |
| |||||||
| |||||||
1 | pay into the Capital Projects Fund an amount that is equal to | ||||||
2 | an amount estimated by the Department to represent 80% of the | ||||||
3 | net revenue realized for the preceding month from the sale of | ||||||
4 | candy, grooming and hygiene products, and soft drinks that had | ||||||
5 | been taxed at a rate of 1% prior to September 1, 2009 but that | ||||||
6 | are now taxed at 6.25%. | ||||||
7 | Beginning July 1, 2011, each month the Department shall | ||||||
8 | pay into the Clean Air Act Permit Fund 80% of the net revenue | ||||||
9 | realized for the preceding month from the 6.25% general rate | ||||||
10 | on the selling price of sorbents used in Illinois in the | ||||||
11 | process of sorbent injection as used to comply with the | ||||||
12 | Environmental Protection Act or the federal Clean Air Act, but | ||||||
13 | the total payment into the Clean Air Act Permit Fund under this | ||||||
14 | Act and the Use Tax Act shall not exceed $2,000,000 in any | ||||||
15 | fiscal year. | ||||||
16 | Beginning July 1, 2013, each month the Department shall | ||||||
17 | pay into the Underground Storage Tank Fund from the proceeds | ||||||
18 | collected under this Act, the Use Tax Act, the Service Use Tax | ||||||
19 | Act, and the Service Occupation Tax Act an amount equal to the | ||||||
20 | average monthly deficit in the Underground Storage Tank Fund | ||||||
21 | during the prior year, as certified annually by the Illinois | ||||||
22 | Environmental Protection Agency, but the total payment into | ||||||
23 | the Underground Storage Tank Fund under this Act, the Use Tax | ||||||
24 | Act, the Service Use Tax Act, and the Service Occupation Tax | ||||||
25 | Act shall not exceed $18,000,000 in any State fiscal year. As | ||||||
26 | used in this paragraph, the "average monthly deficit" shall be |
| |||||||
| |||||||
1 | equal to the difference between the average monthly claims for | ||||||
2 | payment by the fund and the average monthly revenues deposited | ||||||
3 | into the fund, excluding payments made pursuant to this | ||||||
4 | paragraph. | ||||||
5 | Beginning July 1, 2015, of the remainder of the moneys | ||||||
6 | received by the Department under the Use Tax Act, the Service | ||||||
7 | Use Tax Act, the Service Occupation Tax Act, and this Act, each | ||||||
8 | month the Department shall deposit $500,000 into the State | ||||||
9 | Crime Laboratory Fund. | ||||||
10 | Of the remainder of the moneys received by the Department | ||||||
11 | pursuant to this Act, (a) 1.75% thereof shall be paid into the | ||||||
12 | Build Illinois Fund and (b) prior to July 1, 1989, 2.2% and on | ||||||
13 | and after July 1, 1989, 3.8% thereof shall be paid into the | ||||||
14 | Build Illinois Fund; provided, however, that if in any fiscal | ||||||
15 | year the sum of (1) the aggregate of 2.2% or 3.8%, as the case | ||||||
16 | may be, of the moneys received by the Department and required | ||||||
17 | to be paid into the Build Illinois Fund pursuant to this Act, | ||||||
18 | Section 9 of the Use Tax Act, Section 9 of the Service Use Tax | ||||||
19 | Act, and Section 9 of the Service Occupation Tax Act, such Acts | ||||||
20 | being hereinafter called the "Tax Acts" and such aggregate of | ||||||
21 | 2.2% or 3.8%, as the case may be, of moneys being hereinafter | ||||||
22 | called the "Tax Act Amount", and (2) the amount transferred to | ||||||
23 | the Build Illinois Fund from the State and Local Sales Tax | ||||||
24 | Reform Fund shall be less than the Annual Specified Amount (as | ||||||
25 | hereinafter defined), an amount equal to the difference shall | ||||||
26 | be immediately paid into the Build Illinois Fund from other |
| ||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||
1 | moneys received by the Department pursuant to the Tax Acts; | |||||||||||||||||||||||||||||||||||||
2 | the "Annual Specified Amount" means the amounts specified | |||||||||||||||||||||||||||||||||||||
3 | below for fiscal years 1986 through 1993: | |||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||
13 | and means the Certified Annual Debt Service Requirement (as | |||||||||||||||||||||||||||||||||||||
14 | defined in Section 13 of the Build Illinois Bond Act) or the | |||||||||||||||||||||||||||||||||||||
15 | Tax Act Amount, whichever is greater, for fiscal year 1994 and | |||||||||||||||||||||||||||||||||||||
16 | each fiscal year thereafter; and further provided, that if on | |||||||||||||||||||||||||||||||||||||
17 | the last business day of any month the sum of (1) the Tax Act | |||||||||||||||||||||||||||||||||||||
18 | Amount required to be deposited into the Build Illinois Bond | |||||||||||||||||||||||||||||||||||||
19 | Account in the Build Illinois Fund during such month and (2) | |||||||||||||||||||||||||||||||||||||
20 | the amount transferred to the Build Illinois Fund from the | |||||||||||||||||||||||||||||||||||||
21 | State and Local Sales Tax Reform Fund shall have been less than | |||||||||||||||||||||||||||||||||||||
22 | 1/12 of the Annual Specified Amount, an amount equal to the | |||||||||||||||||||||||||||||||||||||
23 | difference shall be immediately paid into the Build Illinois | |||||||||||||||||||||||||||||||||||||
24 | Fund from other moneys received by the Department pursuant to | |||||||||||||||||||||||||||||||||||||
25 | the Tax Acts; and, further provided, that in no event shall the | |||||||||||||||||||||||||||||||||||||
26 | payments required under the preceding proviso result in |
| |||||||
| |||||||
1 | aggregate payments into the Build Illinois Fund pursuant to | ||||||
2 | this clause (b) for any fiscal year in excess of the greater of | ||||||
3 | (i) the Tax Act Amount or (ii) the Annual Specified Amount for | ||||||
4 | such fiscal year. The amounts payable into the Build Illinois | ||||||
5 | Fund under clause (b) of the first sentence in this paragraph | ||||||
6 | shall be payable only until such time as the aggregate amount | ||||||
7 | on deposit under each trust indenture securing Bonds issued | ||||||
8 | and outstanding pursuant to the Build Illinois Bond Act is | ||||||
9 | sufficient, taking into account any future investment income, | ||||||
10 | to fully provide, in accordance with such indenture, for the | ||||||
11 | defeasance of or the payment of the principal of, premium, if | ||||||
12 | any, and interest on the Bonds secured by such indenture and on | ||||||
13 | any Bonds expected to be issued thereafter and all fees and | ||||||
14 | costs payable with respect thereto, all as certified by the | ||||||
15 | Director of the Bureau of the Budget (now Governor's Office of | ||||||
16 | Management and Budget). If on the last business day of any | ||||||
17 | month in which Bonds are outstanding pursuant to the Build | ||||||
18 | Illinois Bond Act, the aggregate of moneys deposited in the | ||||||
19 | Build Illinois Bond Account in the Build Illinois Fund in such | ||||||
20 | month shall be less than the amount required to be transferred | ||||||
21 | in such month from the Build Illinois Bond Account to the Build | ||||||
22 | Illinois Bond Retirement and Interest Fund pursuant to Section | ||||||
23 | 13 of the Build Illinois Bond Act, an amount equal to such | ||||||
24 | deficiency shall be immediately paid from other moneys | ||||||
25 | received by the Department pursuant to the Tax Acts to the | ||||||
26 | Build Illinois Fund; provided, however, that any amounts paid |
| |||||||||||||||||||||||||||
| |||||||||||||||||||||||||||
1 | to the Build Illinois Fund in any fiscal year pursuant to this | ||||||||||||||||||||||||||
2 | sentence shall be deemed to constitute payments pursuant to | ||||||||||||||||||||||||||
3 | clause (b) of the first sentence of this paragraph and shall | ||||||||||||||||||||||||||
4 | reduce the amount otherwise payable for such fiscal year | ||||||||||||||||||||||||||
5 | pursuant to that clause (b). The moneys received by the | ||||||||||||||||||||||||||
6 | Department pursuant to this Act and required to be deposited | ||||||||||||||||||||||||||
7 | into the Build Illinois Fund are subject to the pledge, claim | ||||||||||||||||||||||||||
8 | and charge set forth in Section 12 of the Build Illinois Bond | ||||||||||||||||||||||||||
9 | Act. | ||||||||||||||||||||||||||
10 | Subject to payment of amounts into the Build Illinois Fund | ||||||||||||||||||||||||||
11 | as provided in the preceding paragraph or in any amendment | ||||||||||||||||||||||||||
12 | thereto hereafter enacted, the following specified monthly | ||||||||||||||||||||||||||
13 | installment of the amount requested in the certificate of the | ||||||||||||||||||||||||||
14 | Chairman of the Metropolitan Pier and Exposition Authority | ||||||||||||||||||||||||||
15 | provided under Section 8.25f of the State Finance Act, but not | ||||||||||||||||||||||||||
16 | in excess of sums designated as "Total Deposit", shall be | ||||||||||||||||||||||||||
17 | deposited in the aggregate from collections under Section 9 of | ||||||||||||||||||||||||||
18 | the Use Tax Act, Section 9 of the Service Use Tax Act, Section | ||||||||||||||||||||||||||
19 | 9 of the Service Occupation Tax Act, and Section 3 of the | ||||||||||||||||||||||||||
20 | Retailers' Occupation Tax Act into the McCormick Place | ||||||||||||||||||||||||||
21 | Expansion Project Fund in the specified fiscal years. | ||||||||||||||||||||||||||
|
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
23 | Beginning July 20, 1993 and in each month of each fiscal | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
24 | year thereafter, one-eighth of the amount requested in the | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
25 | certificate of the Chairman of the Metropolitan Pier and | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
26 | Exposition Authority for that fiscal year, less the amount |
| |||||||
| |||||||
1 | deposited into the McCormick Place Expansion Project Fund by | ||||||
2 | the State Treasurer in the respective month under subsection | ||||||
3 | (g) of Section 13 of the Metropolitan Pier and Exposition | ||||||
4 | Authority Act, plus cumulative deficiencies in the deposits | ||||||
5 | required under this Section for previous months and years, | ||||||
6 | shall be deposited into the McCormick Place Expansion Project | ||||||
7 | Fund, until the full amount requested for the fiscal year, but | ||||||
8 | not in excess of the amount specified above as "Total | ||||||
9 | Deposit", has been deposited. | ||||||
10 | Subject to payment of amounts into the Capital Projects | ||||||
11 | Fund, the Clean Air Act Permit Fund, the Build Illinois Fund, | ||||||
12 | and the McCormick Place Expansion Project Fund pursuant to the | ||||||
13 | preceding paragraphs or in any amendments thereto hereafter | ||||||
14 | enacted, for aviation fuel sold on or after December 1, 2019, | ||||||
15 | the Department shall each month deposit into the Aviation Fuel | ||||||
16 | Sales Tax Refund Fund an amount estimated by the Department to | ||||||
17 | be required for refunds of the 80% portion of the tax on | ||||||
18 | aviation fuel under this Act. The Department shall only | ||||||
19 | deposit moneys into the Aviation Fuel Sales Tax Refund Fund | ||||||
20 | under this paragraph for so long as the revenue use | ||||||
21 | requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133 are | ||||||
22 | binding on the State. | ||||||
23 | Subject to payment of amounts into the Build Illinois Fund | ||||||
24 | and the McCormick Place Expansion Project Fund pursuant to the | ||||||
25 | preceding paragraphs or in any amendments thereto hereafter | ||||||
26 | enacted, beginning July 1, 1993 and ending on September 30, |
| |||||||
| |||||||
1 | 2013, the Department shall each month pay into the Illinois | ||||||
2 | Tax Increment Fund 0.27% of 80% of the net revenue realized for | ||||||
3 | the preceding month from the 6.25% general rate on the selling | ||||||
4 | price of tangible personal property. | ||||||
5 | Subject to payment of amounts into the Build Illinois | ||||||
6 | Fund, the McCormick Place Expansion Project Fund, and the | ||||||
7 | Illinois Tax Increment Fund pursuant to the preceding | ||||||
8 | paragraphs or in any amendments to this Section hereafter | ||||||
9 | enacted, beginning on the first day of the first calendar | ||||||
10 | month to occur on or after August 26, 2014 (the effective date | ||||||
11 | of Public Act 98-1098), each month, from the collections made | ||||||
12 | under Section 9 of the Use Tax Act, Section 9 of the Service | ||||||
13 | Use Tax Act, Section 9 of the Service Occupation Tax Act, and | ||||||
14 | Section 3 of the Retailers' Occupation Tax Act, the Department | ||||||
15 | shall pay into the Tax Compliance and Administration Fund, to | ||||||
16 | be used, subject to appropriation, to fund additional auditors | ||||||
17 | and compliance personnel at the Department of Revenue, an | ||||||
18 | amount equal to 1/12 of 5% of 80% of the cash receipts | ||||||
19 | collected during the preceding fiscal year by the Audit Bureau | ||||||
20 | of the Department under the Use Tax Act, the Service Use Tax | ||||||
21 | Act, the Service Occupation Tax Act, the Retailers' Occupation | ||||||
22 | Tax Act, and associated local occupation and use taxes | ||||||
23 | administered by the Department. | ||||||
24 | Subject to payments of amounts into the Build Illinois | ||||||
25 | Fund, the McCormick Place Expansion Project Fund, the Illinois | ||||||
26 | Tax Increment Fund, the Energy Infrastructure Fund, and the |
| |||||||
| |||||||
1 | Tax Compliance and Administration Fund as provided in this | ||||||
2 | Section, beginning on July 1, 2018 the Department shall pay | ||||||
3 | each month into the Downstate Public Transportation Fund the | ||||||
4 | moneys required to be so paid under Section 2-3 of the | ||||||
5 | Downstate Public Transportation Act. | ||||||
6 | Subject to successful execution and delivery of a | ||||||
7 | public-private agreement between the public agency and private | ||||||
8 | entity and completion of the civic build, beginning on July 1, | ||||||
9 | 2023, of the remainder of the moneys received by the | ||||||
10 | Department under the Use Tax Act, the Service Use Tax Act, the | ||||||
11 | Service Occupation Tax Act, and this Act, the Department shall | ||||||
12 | deposit the following specified deposits in the aggregate from | ||||||
13 | collections under the Use Tax Act, the Service Use Tax Act, the | ||||||
14 | Service Occupation Tax Act, and the Retailers' Occupation Tax | ||||||
15 | Act, as required under Section 8.25g of the State Finance Act | ||||||
16 | for distribution consistent with the Public-Private | ||||||
17 | Partnership for Civic and Transit Infrastructure Project Act. | ||||||
18 | The moneys received by the Department pursuant to this Act and | ||||||
19 | required to be deposited into the Civic and Transit | ||||||
20 | Infrastructure Fund are subject to the pledge, claim and | ||||||
21 | charge set forth in Section 25-55 of the Public-Private | ||||||
22 | Partnership for Civic and Transit Infrastructure Project Act. | ||||||
23 | As used in this paragraph, "civic build", "private entity", | ||||||
24 | "public-private agreement", and "public agency" have the | ||||||
25 | meanings provided in Section 25-10 of the Public-Private | ||||||
26 | Partnership for Civic and Transit Infrastructure Project Act. |
| |||||||
| |||||||
1 | Fiscal Year .............................Total Deposit | ||||||
2 | 2024 .....................................$200,000,000 | ||||||
3 | 2025 ....................................$206,000,000 | ||||||
4 | 2026 ....................................$212,200,000 | ||||||
5 | 2027 ....................................$218,500,000 | ||||||
6 | 2028 ....................................$225,100,000 | ||||||
7 | 2029 ....................................$288,700,000 | ||||||
8 | 2030 ....................................$298,900,000 | ||||||
9 | 2031 ....................................$309,300,000 | ||||||
10 | 2032 ....................................$320,100,000 | ||||||
11 | 2033 ....................................$331,200,000 | ||||||
12 | 2034 ....................................$341,200,000 | ||||||
13 | 2035 ....................................$351,400,000 | ||||||
14 | 2036 ....................................$361,900,000 | ||||||
15 | 2037 ....................................$372,800,000 | ||||||
16 | 2038 ....................................$384,000,000 | ||||||
17 | 2039 ....................................$395,500,000 | ||||||
18 | 2040 ....................................$407,400,000 | ||||||
19 | 2041 ....................................$419,600,000 | ||||||
20 | 2042 ....................................$432,200,000 | ||||||
21 | 2043 ....................................$445,100,000 | ||||||
22 | Beginning July 1, 2021 and until July 1, 2022, subject to | ||||||
23 | the payment of amounts into the County and Mass Transit | ||||||
24 | District Fund, the Local Government Tax Fund, the Build | ||||||
25 | Illinois Fund, the McCormick Place Expansion Project Fund, the | ||||||
26 | Illinois Tax Increment Fund, and the Tax Compliance and |
| |||||||
| |||||||
1 | Administration Fund as provided in this Section, the | ||||||
2 | Department shall pay each month into the Road Fund the amount | ||||||
3 | estimated to represent 16% of the net revenue realized from | ||||||
4 | the taxes imposed on motor fuel and gasohol. Beginning July 1, | ||||||
5 | 2022 and until July 1, 2023, subject to the payment of amounts | ||||||
6 | into the County and Mass Transit District Fund, the Local | ||||||
7 | Government Tax Fund, the Build Illinois Fund, the McCormick | ||||||
8 | Place Expansion Project Fund, the Illinois Tax Increment Fund, | ||||||
9 | and the Tax Compliance and Administration Fund as provided in | ||||||
10 | this Section, the Department shall pay each month into the | ||||||
11 | Road Fund the amount estimated to represent 32% of the net | ||||||
12 | revenue realized from the taxes imposed on motor fuel and | ||||||
13 | gasohol. Beginning July 1, 2023 and until July 1, 2024, | ||||||
14 | subject to the payment of amounts into the County and Mass | ||||||
15 | Transit District Fund, the Local Government Tax Fund, the | ||||||
16 | Build Illinois Fund, the McCormick Place Expansion Project | ||||||
17 | Fund, the Illinois Tax Increment Fund, and the Tax Compliance | ||||||
18 | and Administration Fund as provided in this Section, the | ||||||
19 | Department shall pay each month into the Road Fund the amount | ||||||
20 | estimated to represent 48% of the net revenue realized from | ||||||
21 | the taxes imposed on motor fuel and gasohol. Beginning July 1, | ||||||
22 | 2024 and until July 1, 2025, subject to the payment of amounts | ||||||
23 | into the County and Mass Transit District Fund, the Local | ||||||
24 | Government Tax Fund, the Build Illinois Fund, the McCormick | ||||||
25 | Place Expansion Project Fund, the Illinois Tax Increment Fund, | ||||||
26 | and the Tax Compliance and Administration Fund as provided in |
| |||||||
| |||||||
1 | this Section, the Department shall pay each month into the | ||||||
2 | Road Fund the amount estimated to represent 64% of the net | ||||||
3 | revenue realized from the taxes imposed on motor fuel and | ||||||
4 | gasohol. Beginning on July 1, 2025, subject to the payment of | ||||||
5 | amounts into the County and Mass Transit District Fund, the | ||||||
6 | Local Government Tax Fund, the Build Illinois Fund, the | ||||||
7 | McCormick Place Expansion Project Fund, the Illinois Tax | ||||||
8 | Increment Fund, and the Tax Compliance and Administration Fund | ||||||
9 | as provided in this Section, the Department shall pay each | ||||||
10 | month into the Road Fund the amount estimated to represent 80% | ||||||
11 | of the net revenue realized from the taxes imposed on motor | ||||||
12 | fuel and gasohol. As used in this paragraph "motor fuel" has | ||||||
13 | the meaning given to that term in Section 1.1 of the Motor Fuel | ||||||
14 | Tax Law, and "gasohol" has the meaning given to that term in | ||||||
15 | Section 3-40 of the Use Tax Act. | ||||||
16 | Of the remainder of the moneys received by the Department | ||||||
17 | pursuant to this Act, 75% thereof shall be paid into the State | ||||||
18 | treasury and 25% shall be reserved in a special account and | ||||||
19 | used only for the transfer to the Common School Fund as part of | ||||||
20 | the monthly transfer from the General Revenue Fund in | ||||||
21 | accordance with Section 8a of the State Finance Act. | ||||||
22 | The Department may, upon separate written notice to a | ||||||
23 | taxpayer, require the taxpayer to prepare and file with the | ||||||
24 | Department on a form prescribed by the Department within not | ||||||
25 | less than 60 days after receipt of the notice an annual | ||||||
26 | information return for the tax year specified in the notice. |
| |||||||
| |||||||
1 | Such annual return to the Department shall include a statement | ||||||
2 | of gross receipts as shown by the retailer's last federal | ||||||
3 | Federal income tax return. If the total receipts of the | ||||||
4 | business as reported in the federal Federal income tax return | ||||||
5 | do not agree with the gross receipts reported to the | ||||||
6 | Department of Revenue for the same period, the retailer shall | ||||||
7 | attach to his annual return a schedule showing a | ||||||
8 | reconciliation of the 2 amounts and the reasons for the | ||||||
9 | difference. The retailer's annual return to the Department | ||||||
10 | shall also disclose the cost of goods sold by the retailer | ||||||
11 | during the year covered by such return, opening and closing | ||||||
12 | inventories of such goods for such year, costs of goods used | ||||||
13 | from stock or taken from stock and given away by the retailer | ||||||
14 | during such year, payroll information of the retailer's | ||||||
15 | business during such year and any additional reasonable | ||||||
16 | information which the Department deems would be helpful in | ||||||
17 | determining the accuracy of the monthly, quarterly , or annual | ||||||
18 | returns filed by such retailer as provided for in this | ||||||
19 | Section. | ||||||
20 | If the annual information return required by this Section | ||||||
21 | is not filed when and as required, the taxpayer shall be liable | ||||||
22 | as follows: | ||||||
23 | (i) Until January 1, 1994, the taxpayer shall be | ||||||
24 | liable for a penalty equal to 1/6 of 1% of the tax due from | ||||||
25 | such taxpayer under this Act during the period to be | ||||||
26 | covered by the annual return for each month or fraction of |
| |||||||
| |||||||
1 | a month until such return is filed as required, the | ||||||
2 | penalty to be assessed and collected in the same manner as | ||||||
3 | any other penalty provided for in this Act. | ||||||
4 | (ii) On and after January 1, 1994, the taxpayer shall | ||||||
5 | be liable for a penalty as described in Section 3-4 of the | ||||||
6 | Uniform Penalty and Interest Act. | ||||||
7 | The chief executive officer, proprietor, owner , or highest | ||||||
8 | ranking manager shall sign the annual return to certify the | ||||||
9 | accuracy of the information contained therein. Any person who | ||||||
10 | willfully signs the annual return containing false or | ||||||
11 | inaccurate information shall be guilty of perjury and punished | ||||||
12 | accordingly. The annual return form prescribed by the | ||||||
13 | Department shall include a warning that the person signing the | ||||||
14 | return may be liable for perjury. | ||||||
15 | The provisions of this Section concerning the filing of an | ||||||
16 | annual information return do not apply to a retailer who is not | ||||||
17 | required to file an income tax return with the United States | ||||||
18 | Government. | ||||||
19 | As soon as possible after the first day of each month, upon | ||||||
20 | certification of the Department of Revenue, the Comptroller | ||||||
21 | shall order transferred and the Treasurer shall transfer from | ||||||
22 | the General Revenue Fund to the Motor Fuel Tax Fund an amount | ||||||
23 | equal to 1.7% of 80% of the net revenue realized under this Act | ||||||
24 | for the second preceding month. Beginning April 1, 2000, this | ||||||
25 | transfer is no longer required and shall not be made. | ||||||
26 | Net revenue realized for a month shall be the revenue |
| |||||||
| |||||||
1 | collected by the State pursuant to this Act, less the amount | ||||||
2 | paid out during that month as refunds to taxpayers for | ||||||
3 | overpayment of liability. | ||||||
4 | For greater simplicity of administration, manufacturers, | ||||||
5 | importers and wholesalers whose products are sold at retail in | ||||||
6 | Illinois by numerous retailers, and who wish to do so, may | ||||||
7 | assume the responsibility for accounting and paying to the | ||||||
8 | Department all tax accruing under this Act with respect to | ||||||
9 | such sales, if the retailers who are affected do not make | ||||||
10 | written objection to the Department to this arrangement. | ||||||
11 | Any person who promotes, organizes, or provides retail | ||||||
12 | selling space for concessionaires or other types of sellers at | ||||||
13 | the Illinois State Fair, DuQuoin State Fair, county fairs, | ||||||
14 | local fairs, art shows, flea markets , and similar exhibitions | ||||||
15 | or events, including any transient merchant as defined by | ||||||
16 | Section 2 of the Transient Merchant Act of 1987, is required to | ||||||
17 | file a report with the Department providing the name of the | ||||||
18 | merchant's business, the name of the person or persons engaged | ||||||
19 | in merchant's business, the permanent address and Illinois | ||||||
20 | Retailers Occupation Tax Registration Number of the merchant, | ||||||
21 | the dates and location of the event , and other reasonable | ||||||
22 | information that the Department may require. The report must | ||||||
23 | be filed not later than the 20th day of the month next | ||||||
24 | following the month during which the event with retail sales | ||||||
25 | was held. Any person who fails to file a report required by | ||||||
26 | this Section commits a business offense and is subject to a |
| |||||||
| |||||||
1 | fine not to exceed $250. | ||||||
2 | Any person engaged in the business of selling tangible | ||||||
3 | personal property at retail as a concessionaire or other type | ||||||
4 | of seller at the Illinois State Fair, county fairs, art shows, | ||||||
5 | flea markets , and similar exhibitions or events, or any | ||||||
6 | transient merchants, as defined by Section 2 of the Transient | ||||||
7 | Merchant Act of 1987, may be required to make a daily report of | ||||||
8 | the amount of such sales to the Department and to make a daily | ||||||
9 | payment of the full amount of tax due. The Department shall | ||||||
10 | impose this requirement when it finds that there is a | ||||||
11 | significant risk of loss of revenue to the State at such an | ||||||
12 | exhibition or event. Such a finding shall be based on evidence | ||||||
13 | that a substantial number of concessionaires or other sellers | ||||||
14 | who are not residents of Illinois will be engaging in the | ||||||
15 | business of selling tangible personal property at retail at | ||||||
16 | the exhibition or event, or other evidence of a significant | ||||||
17 | risk of loss of revenue to the State. The Department shall | ||||||
18 | notify concessionaires and other sellers affected by the | ||||||
19 | imposition of this requirement. In the absence of notification | ||||||
20 | by the Department, the concessionaires and other sellers shall | ||||||
21 | file their returns as otherwise required in this Section. | ||||||
22 | (Source: P.A. 102-634, eff. 8-27-21; 102-700, Article 60, | ||||||
23 | Section 60-30, eff. 4-19-22; 102-700, Article 65, Section | ||||||
24 | 65-10, eff. 4-19-22; 102-813, eff. 5-13-22; 102-1019, eff. | ||||||
25 | 1-1-23; 103-9, eff. 6-7-23; 103-154, eff. 6-30-23; 103-363, | ||||||
26 | eff. 7-28-23; revised 9-27-23.)
|
| |||||||
| |||||||
1 | Section 210. The Cigarette Tax Act is amended by changing | ||||||
2 | Section 2 as follows:
| ||||||
3 | (35 ILCS 130/2) (from Ch. 120, par. 453.2) | ||||||
4 | Sec. 2. Tax imposed; rate; collection, payment, and | ||||||
5 | distribution; discount. | ||||||
6 | (a) Beginning on July 1, 2019, in place of the aggregate | ||||||
7 | tax rate of 99 mills previously imposed by this Act, a tax is | ||||||
8 | imposed upon any person engaged in business as a retailer of | ||||||
9 | cigarettes at the rate of 149 mills per cigarette sold or | ||||||
10 | otherwise disposed of in the course of such business in this | ||||||
11 | State. | ||||||
12 | (b) The payment of such taxes shall be evidenced by a stamp | ||||||
13 | affixed to each original package of cigarettes, or an | ||||||
14 | authorized substitute for such stamp imprinted on each | ||||||
15 | original package of such cigarettes underneath the sealed | ||||||
16 | transparent outside wrapper of such original package, as | ||||||
17 | hereinafter provided. However, such taxes are not imposed upon | ||||||
18 | any activity in such business in interstate commerce or | ||||||
19 | otherwise, which activity may not under the Constitution and | ||||||
20 | statutes of the United States be made the subject of taxation | ||||||
21 | by this State. | ||||||
22 | Out of the 149 mills per cigarette tax imposed by | ||||||
23 | subsection (a), until July 1, 2023, the revenues received from | ||||||
24 | 4 mills shall be paid into the Common School Fund each month, |
| |||||||
| |||||||
1 | not to exceed $9,000,000 per month. Out of the 149 mills per | ||||||
2 | cigarette tax imposed by subsection (a), until July 1, 2023, | ||||||
3 | all of the revenues received from 7 mills shall be paid into | ||||||
4 | the Common School Fund each month. Out of the 149 mills per | ||||||
5 | cigarette tax imposed by subsection (a), until July 1, 2023, | ||||||
6 | 50 mills per cigarette each month shall be paid into the | ||||||
7 | Healthcare Provider Relief Fund. | ||||||
8 | Beginning on July 1, 2006 and until July 1, 2023, all of | ||||||
9 | the moneys received by the Department of Revenue pursuant to | ||||||
10 | this Act and the Cigarette Use Tax Act, other than the moneys | ||||||
11 | that are dedicated to the Common School Fund and, beginning on | ||||||
12 | June 14, 2012 ( the effective date of Public Act 97-688) this | ||||||
13 | amendatory Act of the 97th General Assembly , other than the | ||||||
14 | moneys from the additional taxes imposed by Public Act 97-688 | ||||||
15 | this amendatory Act of the 97th General Assembly that must be | ||||||
16 | paid each month into the Healthcare Provider Relief Fund , and | ||||||
17 | other than the moneys from the additional taxes imposed by | ||||||
18 | Public Act 101-31 this amendatory Act of the 101st General | ||||||
19 | Assembly that must be paid each month under subsection (c), | ||||||
20 | shall be distributed each month as follows: first, there shall | ||||||
21 | be paid into the General Revenue Fund an amount that, when | ||||||
22 | added to the amount paid into the Common School Fund for that | ||||||
23 | month, equals $29,200,000; then, from the moneys remaining, if | ||||||
24 | any amounts required to be paid into the General Revenue Fund | ||||||
25 | in previous months remain unpaid, those amounts shall be paid | ||||||
26 | into the General Revenue Fund; then from the moneys remaining, |
| |||||||
| |||||||
1 | $5,000,000 per month shall be paid into the School | ||||||
2 | Infrastructure Fund; then, if any amounts required to be paid | ||||||
3 | into the School Infrastructure Fund in previous months remain | ||||||
4 | unpaid, those amounts shall be paid into the School | ||||||
5 | Infrastructure Fund; then the moneys remaining, if any, shall | ||||||
6 | be paid into the Long-Term Care Provider Fund. Any amounts | ||||||
7 | required to be paid into the General Revenue Fund, the School | ||||||
8 | Infrastructure Fund, the Long-Term Care Provider Fund, the | ||||||
9 | Common School Fund, the Capital Projects Fund, or the | ||||||
10 | Healthcare Provider Relief Fund under this subsection that | ||||||
11 | remain unpaid as of July 1, 2023 shall be deemed satisfied on | ||||||
12 | that date, eliminating any deficiency accrued through that | ||||||
13 | date. | ||||||
14 | (c) Beginning on July 1, 2019 and until July 1, 2023, all | ||||||
15 | of the moneys from the additional taxes imposed by Public Act | ||||||
16 | 101-31, except for moneys received from the tax on electronic | ||||||
17 | cigarettes, received by the Department of Revenue pursuant to | ||||||
18 | this Act, the Cigarette Use Tax Act, and the Tobacco Products | ||||||
19 | Tax Act of 1995 shall be distributed each month into the | ||||||
20 | Capital Projects Fund. | ||||||
21 | (c-5) Beginning on July 1, 2023, all of the moneys | ||||||
22 | received by the Department of Revenue pursuant to (i) this | ||||||
23 | Act, (ii) the Cigarette Use Tax Act, and (iii) the tax imposed | ||||||
24 | on little cigars under Section 10-10 of the Tobacco Products | ||||||
25 | Tax Act of 1995 shall be paid each month as follows: | ||||||
26 | (1) 7% into the Common School Fund; |
| |||||||
| |||||||
1 | (2) 34% into the Healthcare Provider Relief Fund; | ||||||
2 | (3) 34% into the Capital Projects Fund; and | ||||||
3 | (4) 25% into the General Revenue Fund. | ||||||
4 | (d) Until July 1, 2023, except for moneys received from | ||||||
5 | the additional taxes imposed by Public Act 101-31, moneys | ||||||
6 | collected from the tax imposed on little cigars under Section | ||||||
7 | 10-10 of the Tobacco Products Tax Act of 1995 shall be included | ||||||
8 | with the moneys collected under the Cigarette Tax Act and the | ||||||
9 | Cigarette Use Tax Act when making distributions to the Common | ||||||
10 | School Fund, the Healthcare Provider Relief Fund, the General | ||||||
11 | Revenue Fund, the School Infrastructure Fund, and the | ||||||
12 | Long-Term Care Provider Fund under this Section. Any amounts, | ||||||
13 | including moneys collected from the tax imposed on little | ||||||
14 | cigars under Section 10-10 of the Tobacco Products Tax Act of | ||||||
15 | 1995, that are required to be paid into the General Revenue | ||||||
16 | Fund, the School Infrastructure Fund, the Long-Term Care | ||||||
17 | Provider Fund, the Common School Fund, the Capital Projects | ||||||
18 | Fund, or the Healthcare Provider Relief Fund under subsection | ||||||
19 | (b) that remain unpaid as of July 1, 2023 shall be deemed | ||||||
20 | satisfied on that date, eliminating any deficiency accrued | ||||||
21 | through that date. Beginning on July 1, 2023, moneys collected | ||||||
22 | from the tax imposed on little cigars under Section 10-10 of | ||||||
23 | the Tobacco Products Tax Act of 1995 shall be included with the | ||||||
24 | moneys collected under the Cigarette Tax Act and the Cigarette | ||||||
25 | Use Tax Act when making distributions under subsection | ||||||
26 | subsections (c-5). |
| |||||||
| |||||||
1 | (e) If the tax imposed herein terminates or has | ||||||
2 | terminated, distributors who have bought stamps while such tax | ||||||
3 | was in effect and who therefore paid such tax, but who can | ||||||
4 | show, to the Department's satisfaction, that they sold the | ||||||
5 | cigarettes to which they affixed such stamps after such tax | ||||||
6 | had terminated and did not recover the tax or its equivalent | ||||||
7 | from purchasers, shall be allowed by the Department to take | ||||||
8 | credit for such absorbed tax against subsequent tax stamp | ||||||
9 | purchases from the Department by such distributor. | ||||||
10 | (f) The impact of the tax levied by this Act is imposed | ||||||
11 | upon the retailer and shall be prepaid or pre-collected by the | ||||||
12 | distributor for the purpose of convenience and facility only, | ||||||
13 | and the amount of the tax shall be added to the price of the | ||||||
14 | cigarettes sold by such distributor. Collection of the tax | ||||||
15 | shall be evidenced by a stamp or stamps affixed to each | ||||||
16 | original package of cigarettes, as hereinafter provided. Any | ||||||
17 | distributor who purchases stamps may credit any excess | ||||||
18 | payments verified by the Department against amounts | ||||||
19 | subsequently due for the purchase of additional stamps, until | ||||||
20 | such time as no excess payment remains. | ||||||
21 | (g) Each distributor shall collect the tax from the | ||||||
22 | retailer at or before the time of the sale, shall affix the | ||||||
23 | stamps as hereinafter required, and shall remit the tax | ||||||
24 | collected from retailers to the Department, as hereinafter | ||||||
25 | provided. Any distributor who fails to properly collect and | ||||||
26 | pay the tax imposed by this Act shall be liable for the tax. |
| |||||||
| |||||||
1 | (h) Any distributor having cigarettes in his or her | ||||||
2 | possession on July 1, 2019 to which tax stamps have been | ||||||
3 | affixed, and any distributor having stamps in his or her | ||||||
4 | possession on July 1, 2019 that have not been affixed to | ||||||
5 | packages of cigarettes before July 1, 2019, is required to pay | ||||||
6 | the additional tax that begins on July 1, 2019 imposed by | ||||||
7 | Public Act 101-31 this amendatory Act of the 101st General | ||||||
8 | Assembly to the extent that the volume of affixed and | ||||||
9 | unaffixed stamps in the distributor's possession on July 1, | ||||||
10 | 2019 exceeds the average monthly volume of cigarette stamps | ||||||
11 | purchased by the distributor in calendar year 2018. This | ||||||
12 | payment, less the discount provided in subsection (l), is due | ||||||
13 | when the distributor first makes a purchase of cigarette | ||||||
14 | stamps on or after July 1, 2019 or on the first due date of a | ||||||
15 | return under this Act occurring on or after July 1, 2019, | ||||||
16 | whichever occurs first. Those distributors may elect to pay | ||||||
17 | the additional tax on packages of cigarettes to which stamps | ||||||
18 | have been affixed and on any stamps in the distributor's | ||||||
19 | possession that have not been affixed to packages of | ||||||
20 | cigarettes in their possession on July 1, 2019 over a period | ||||||
21 | not to exceed 12 months from the due date of the additional tax | ||||||
22 | by notifying the Department in writing. The first payment for | ||||||
23 | distributors making such election is due when the distributor | ||||||
24 | first makes a purchase of cigarette tax stamps on or after July | ||||||
25 | 1, 2019 or on the first due date of a return under this Act | ||||||
26 | occurring on or after July 1, 2019, whichever occurs first. |
| |||||||
| |||||||
1 | Distributors making such an election are not entitled to take | ||||||
2 | the discount provided in subsection (l) on such payments. | ||||||
3 | (i) Any retailer having cigarettes in its possession on | ||||||
4 | July 1, 2019 to which tax stamps have been affixed is not | ||||||
5 | required to pay the additional tax that begins on July 1, 2019 | ||||||
6 | imposed by Public Act 101-31 this amendatory Act of the 101st | ||||||
7 | General Assembly on those stamped cigarettes. | ||||||
8 | (j) Distributors making sales of cigarettes to secondary | ||||||
9 | distributors shall add the amount of the tax to the price of | ||||||
10 | the cigarettes sold by the distributors. Secondary | ||||||
11 | distributors making sales of cigarettes to retailers shall | ||||||
12 | include the amount of the tax in the price of the cigarettes | ||||||
13 | sold to retailers. The amount of tax shall not be less than the | ||||||
14 | amount of taxes imposed by the State and all local | ||||||
15 | jurisdictions. The amount of local taxes shall be calculated | ||||||
16 | based on the location of the retailer's place of business | ||||||
17 | shown on the retailer's certificate of registration or | ||||||
18 | sub-registration issued to the retailer pursuant to Section 2a | ||||||
19 | of the Retailers' Occupation Tax Act. The original packages of | ||||||
20 | cigarettes sold to the retailer shall bear all the required | ||||||
21 | stamps, or other indicia, for the taxes included in the price | ||||||
22 | of cigarettes. | ||||||
23 | (k) The amount of the Cigarette Tax imposed by this Act | ||||||
24 | shall be separately stated, apart from the price of the goods, | ||||||
25 | by distributors, manufacturer representatives, secondary | ||||||
26 | distributors, and retailers, in all bills and sales invoices. |
| |||||||
| |||||||
1 | (l) The distributor shall be required to collect the tax | ||||||
2 | provided under subsection (a) paragraph (a) hereof, and, to | ||||||
3 | cover the costs of such collection, shall be allowed a | ||||||
4 | discount during any year commencing July 1st and ending the | ||||||
5 | following June 30th in accordance with the schedule set out | ||||||
6 | hereinbelow, which discount shall be allowed at the time of | ||||||
7 | purchase of the stamps when purchase is required by this Act, | ||||||
8 | or at the time when the tax is remitted to the Department | ||||||
9 | without the purchase of stamps from the Department when that | ||||||
10 | method of paying the tax is required or authorized by this Act. | ||||||
11 | On and after December 1, 1985, a discount equal to 1.75% of | ||||||
12 | the amount of the tax payable under this Act up to and | ||||||
13 | including the first $3,000,000 paid hereunder by such | ||||||
14 | distributor to the Department during any such year and 1.5% of | ||||||
15 | the amount of any additional tax paid hereunder by such | ||||||
16 | distributor to the Department during any such year shall | ||||||
17 | apply. | ||||||
18 | Two or more distributors that use a common means of | ||||||
19 | affixing revenue tax stamps or that are owned or controlled by | ||||||
20 | the same interests shall be treated as a single distributor | ||||||
21 | for the purpose of computing the discount. | ||||||
22 | (m) The taxes herein imposed are in addition to all other | ||||||
23 | occupation or privilege taxes imposed by the State of | ||||||
24 | Illinois, or by any political subdivision thereof, or by any | ||||||
25 | municipal corporation. | ||||||
26 | (Source: P.A. 103-9, eff. 6-7-23; revised 9-28-23.)
|
| |||||||
| |||||||
1 | Section 215. The Uniform Penalty and Interest Act is | ||||||
2 | amended by changing Section 3-3 as follows:
| ||||||
3 | (35 ILCS 735/3-3) (from Ch. 120, par. 2603-3) | ||||||
4 | Sec. 3-3. Penalty for failure to file or pay. | ||||||
5 | (a) This subsection (a) is applicable before January 1, | ||||||
6 | 1996. A penalty of 5% of the tax required to be shown due on a | ||||||
7 | return shall be imposed for failure to file the tax return on | ||||||
8 | or before the due date prescribed for filing determined with | ||||||
9 | regard for any extension of time for filing (penalty for late | ||||||
10 | filing or nonfiling). If any unprocessable return is corrected | ||||||
11 | and filed within 21 days after notice by the Department, the | ||||||
12 | late filing or nonfiling penalty shall not apply. If a penalty | ||||||
13 | for late filing or nonfiling is imposed in addition to a | ||||||
14 | penalty for late payment, the total penalty due shall be the | ||||||
15 | sum of the late filing penalty and the applicable late payment | ||||||
16 | penalty. Beginning on August 18, 1995 ( the effective date of | ||||||
17 | Public Act 89-379) this amendatory Act of 1995 , in the case of | ||||||
18 | any type of tax return required to be filed more frequently | ||||||
19 | than annually, when the failure to file the tax return on or | ||||||
20 | before the date prescribed for filing (including any | ||||||
21 | extensions) is shown to be nonfraudulent and has not occurred | ||||||
22 | in the 2 years immediately preceding the failure to file on the | ||||||
23 | prescribed due date, the penalty imposed by Section 3-3(a) | ||||||
24 | shall be abated. |
| |||||||
| |||||||
1 | (a-5) This subsection (a-5) is applicable to returns due | ||||||
2 | on and after January 1, 1996 and on or before December 31, | ||||||
3 | 2000. A penalty equal to 2% of the tax required to be shown due | ||||||
4 | on a return, up to a maximum amount of $250, determined without | ||||||
5 | regard to any part of the tax that is paid on time or by any | ||||||
6 | credit that was properly allowable on the date the return was | ||||||
7 | required to be filed, shall be imposed for failure to file the | ||||||
8 | tax return on or before the due date prescribed for filing | ||||||
9 | determined with regard for any extension of time for filing. | ||||||
10 | However, if any return is not filed within 30 days after notice | ||||||
11 | of nonfiling mailed by the Department to the last known | ||||||
12 | address of the taxpayer contained in Department records, an | ||||||
13 | additional penalty amount shall be imposed equal to the | ||||||
14 | greater of $250 or 2% of the tax shown on the return. However, | ||||||
15 | the additional penalty amount may not exceed $5,000 and is | ||||||
16 | determined without regard to any part of the tax that is paid | ||||||
17 | on time or by any credit that was properly allowable on the | ||||||
18 | date the return was required to be filed (penalty for late | ||||||
19 | filing or nonfiling). If any unprocessable return is corrected | ||||||
20 | and filed within 30 days after notice by the Department, the | ||||||
21 | late filing or nonfiling penalty shall not apply. If a penalty | ||||||
22 | for late filing or nonfiling is imposed in addition to a | ||||||
23 | penalty for late payment, the total penalty due shall be the | ||||||
24 | sum of the late filing penalty and the applicable late payment | ||||||
25 | penalty. In the case of any type of tax return required to be | ||||||
26 | filed more frequently than annually, when the failure to file |
| |||||||
| |||||||
1 | the tax return on or before the date prescribed for filing | ||||||
2 | (including any extensions) is shown to be nonfraudulent and | ||||||
3 | has not occurred in the 2 years immediately preceding the | ||||||
4 | failure to file on the prescribed due date, the penalty | ||||||
5 | imposed by Section 3-3(a-5) shall be abated. | ||||||
6 | (a-10) This subsection (a-10) is applicable to returns due | ||||||
7 | on and after January 1, 2001. A penalty equal to 2% of the tax | ||||||
8 | required to be shown due on a return, up to a maximum amount of | ||||||
9 | $250, reduced by any tax that is paid on time or by any credit | ||||||
10 | that was properly allowable on the date the return was | ||||||
11 | required to be filed, shall be imposed for failure to file the | ||||||
12 | tax return on or before the due date prescribed for filing | ||||||
13 | determined with regard for any extension of time for filing. | ||||||
14 | However, if any return is not filed within 30 days after notice | ||||||
15 | of nonfiling mailed by the Department to the last known | ||||||
16 | address of the taxpayer contained in Department records, an | ||||||
17 | additional penalty amount shall be imposed equal to the | ||||||
18 | greater of $250 or 2% of the tax shown on the return. However, | ||||||
19 | the additional penalty amount may not exceed $5,000 and is | ||||||
20 | determined without regard to any part of the tax that is paid | ||||||
21 | on time or by any credit that was properly allowable on the | ||||||
22 | date the return was required to be filed (penalty for late | ||||||
23 | filing or nonfiling). If any unprocessable return is corrected | ||||||
24 | and filed within 30 days after notice by the Department, the | ||||||
25 | late filing or nonfiling penalty shall not apply. If a penalty | ||||||
26 | for late filing or nonfiling is imposed in addition to a |
| |||||||
| |||||||
1 | penalty for late payment, the total penalty due shall be the | ||||||
2 | sum of the late filing penalty and the applicable late payment | ||||||
3 | penalty. In the case of any type of tax return required to be | ||||||
4 | filed more frequently than annually, when the failure to file | ||||||
5 | the tax return on or before the date prescribed for filing | ||||||
6 | (including any extensions) is shown to be nonfraudulent and | ||||||
7 | has not occurred in the 2 years immediately preceding the | ||||||
8 | failure to file on the prescribed due date, the penalty | ||||||
9 | imposed by this subsection (a-10) shall be abated. This | ||||||
10 | subsection (a-10) does not apply to transaction reporting | ||||||
11 | returns required by Section 3 of the Retailers' Occupation Tax | ||||||
12 | Act and Section 9 of the Use Tax Act that would not, when | ||||||
13 | properly prepared and filed, result in the imposition of a | ||||||
14 | tax; however, those returns are subject to the penalty set | ||||||
15 | forth in subsection (a-15). | ||||||
16 | (a-15) A penalty of $100 shall be imposed for failure to | ||||||
17 | file a transaction reporting return required by Section 3 of | ||||||
18 | the Retailers' Occupation Tax Act and Section 9 of the Use Tax | ||||||
19 | Act on or before the date a return is required to be filed; | ||||||
20 | provided, however, that this penalty shall be imposed only if | ||||||
21 | the return when properly prepared and filed would not result | ||||||
22 | in the imposition of a tax. If such a transaction reporting | ||||||
23 | return would result in the imposition of a tax when properly | ||||||
24 | prepared and filed, then that return is subject to the | ||||||
25 | provisions of subsection (a-10). | ||||||
26 | (b) This subsection is applicable before January 1, 1998. |
| |||||||
| |||||||
1 | A penalty of 15% of the tax shown on the return or the tax | ||||||
2 | required to be shown due on the return shall be imposed for | ||||||
3 | failure to pay: | ||||||
4 | (1) the tax shown due on the return on or before the | ||||||
5 | due date prescribed for payment of that tax, an amount of | ||||||
6 | underpayment of estimated tax, or an amount that is | ||||||
7 | reported in an amended return other than an amended return | ||||||
8 | timely filed as required by subsection (b) of Section 506 | ||||||
9 | of the Illinois Income Tax Act (penalty for late payment | ||||||
10 | or nonpayment of admitted liability); or | ||||||
11 | (2) the full amount of any tax required to be shown due | ||||||
12 | on a return and which is not shown (penalty for late | ||||||
13 | payment or nonpayment of additional liability), within 30 | ||||||
14 | days after a notice of arithmetic error, notice and | ||||||
15 | demand, or a final assessment is issued by the Department. | ||||||
16 | In the case of a final assessment arising following a | ||||||
17 | protest and hearing, the 30-day period shall not begin | ||||||
18 | until all proceedings in court for review of the final | ||||||
19 | assessment have terminated or the period for obtaining a | ||||||
20 | review has expired without proceedings for a review having | ||||||
21 | been instituted. In the case of a notice of tax liability | ||||||
22 | that becomes a final assessment without a protest and | ||||||
23 | hearing, the penalty provided in this paragraph (2) shall | ||||||
24 | be imposed at the expiration of the period provided for | ||||||
25 | the filing of a protest. | ||||||
26 | (b-5) This subsection is applicable to returns due on and |
| |||||||
| |||||||
1 | after January 1, 1998 and on or before December 31, 2000. A | ||||||
2 | penalty of 20% of the tax shown on the return or the tax | ||||||
3 | required to be shown due on the return shall be imposed for | ||||||
4 | failure to pay: | ||||||
5 | (1) the tax shown due on the return on or before the | ||||||
6 | due date prescribed for payment of that tax, an amount of | ||||||
7 | underpayment of estimated tax, or an amount that is | ||||||
8 | reported in an amended return other than an amended return | ||||||
9 | timely filed as required by subsection (b) of Section 506 | ||||||
10 | of the Illinois Income Tax Act (penalty for late payment | ||||||
11 | or nonpayment of admitted liability); or | ||||||
12 | (2) the full amount of any tax required to be shown due | ||||||
13 | on a return and which is not shown (penalty for late | ||||||
14 | payment or nonpayment of additional liability), within 30 | ||||||
15 | days after a notice of arithmetic error, notice and | ||||||
16 | demand, or a final assessment is issued by the Department. | ||||||
17 | In the case of a final assessment arising following a | ||||||
18 | protest and hearing, the 30-day period shall not begin | ||||||
19 | until all proceedings in court for review of the final | ||||||
20 | assessment have terminated or the period for obtaining a | ||||||
21 | review has expired without proceedings for a review having | ||||||
22 | been instituted. In the case of a notice of tax liability | ||||||
23 | that becomes a final assessment without a protest and | ||||||
24 | hearing, the penalty provided in this paragraph (2) shall | ||||||
25 | be imposed at the expiration of the period provided for | ||||||
26 | the filing of a protest. |
| |||||||
| |||||||
1 | (b-10) This subsection (b-10) is applicable to returns due | ||||||
2 | on and after January 1, 2001 and on or before December 31, | ||||||
3 | 2003. A penalty shall be imposed for failure to pay: | ||||||
4 | (1) the tax shown due on a return on or before the due | ||||||
5 | date prescribed for payment of that tax, an amount of | ||||||
6 | underpayment of estimated tax, or an amount that is | ||||||
7 | reported in an amended return other than an amended return | ||||||
8 | timely filed as required by subsection (b) of Section 506 | ||||||
9 | of the Illinois Income Tax Act (penalty for late payment | ||||||
10 | or nonpayment of admitted liability). The amount of | ||||||
11 | penalty imposed under this subsection (b-10)(1) shall be | ||||||
12 | 2% of any amount that is paid no later than 30 days after | ||||||
13 | the due date, 5% of any amount that is paid later than 30 | ||||||
14 | days after the due date and not later than 90 days after | ||||||
15 | the due date, 10% of any amount that is paid later than 90 | ||||||
16 | days after the due date and not later than 180 days after | ||||||
17 | the due date, and 15% of any amount that is paid later than | ||||||
18 | 180 days after the due date. If notice and demand is made | ||||||
19 | for the payment of any amount of tax due and if the amount | ||||||
20 | due is paid within 30 days after the date of the notice and | ||||||
21 | demand, then the penalty for late payment or nonpayment of | ||||||
22 | admitted liability under this subsection (b-10)(1) on the | ||||||
23 | amount so paid shall not accrue for the period after the | ||||||
24 | date of the notice and demand. | ||||||
25 | (2) the full amount of any tax required to be shown due | ||||||
26 | on a return and that is not shown (penalty for late payment |
| |||||||
| |||||||
1 | or nonpayment of additional liability), within 30 days | ||||||
2 | after a notice of arithmetic error, notice and demand, or | ||||||
3 | a final assessment is issued by the Department. In the | ||||||
4 | case of a final assessment arising following a protest and | ||||||
5 | hearing, the 30-day period shall not begin until all | ||||||
6 | proceedings in court for review of the final assessment | ||||||
7 | have terminated or the period for obtaining a review has | ||||||
8 | expired without proceedings for a review having been | ||||||
9 | instituted. The amount of penalty imposed under this | ||||||
10 | subsection (b-10)(2) shall be 20% of any amount that is | ||||||
11 | not paid within the 30-day period. In the case of a notice | ||||||
12 | of tax liability that becomes a final assessment without a | ||||||
13 | protest and hearing, the penalty provided in this | ||||||
14 | subsection (b-10)(2) shall be imposed at the expiration of | ||||||
15 | the period provided for the filing of a protest. | ||||||
16 | (b-15) This subsection (b-15) is applicable to returns due | ||||||
17 | on and after January 1, 2004 and on or before December 31, | ||||||
18 | 2004. A penalty shall be imposed for failure to pay the tax | ||||||
19 | shown due or required to be shown due on a return on or before | ||||||
20 | the due date prescribed for payment of that tax, an amount of | ||||||
21 | underpayment of estimated tax, or an amount that is reported | ||||||
22 | in an amended return other than an amended return timely filed | ||||||
23 | as required by subsection (b) of Section 506 of the Illinois | ||||||
24 | Income Tax Act (penalty for late payment or nonpayment of | ||||||
25 | admitted liability). The amount of penalty imposed under this | ||||||
26 | subsection (b-15) (1) shall be 2% of any amount that is paid no |
| |||||||
| |||||||
1 | later than 30 days after the due date, 10% of any amount that | ||||||
2 | is paid later than 30 days after the due date and not later | ||||||
3 | than 90 days after the due date, 15% of any amount that is paid | ||||||
4 | later than 90 days after the due date and not later than 180 | ||||||
5 | days after the due date, and 20% of any amount that is paid | ||||||
6 | later than 180 days after the due date. If notice and demand is | ||||||
7 | made for the payment of any amount of tax due and if the amount | ||||||
8 | due is paid within 30 days after the date of this notice and | ||||||
9 | demand, then the penalty for late payment or nonpayment of | ||||||
10 | admitted liability under this subsection (b-15) (1) on the | ||||||
11 | amount so paid shall not accrue for the period after the date | ||||||
12 | of the notice and demand. | ||||||
13 | (b-20) This subsection (b-20) is applicable to returns due | ||||||
14 | on and after January 1, 2005 and before January 1, 2024. | ||||||
15 | (1) A penalty shall be imposed for failure to pay, | ||||||
16 | prior to the due date for payment, any amount of tax the | ||||||
17 | payment of which is required to be made prior to the filing | ||||||
18 | of a return or without a return (penalty for late payment | ||||||
19 | or nonpayment of estimated or accelerated tax). The amount | ||||||
20 | of penalty imposed under this paragraph (1) shall be 2% of | ||||||
21 | any amount that is paid no later than 30 days after the due | ||||||
22 | date and 10% of any amount that is paid later than 30 days | ||||||
23 | after the due date. | ||||||
24 | (2) A penalty shall be imposed for failure to pay the | ||||||
25 | tax shown due or required to be shown due on a return on or | ||||||
26 | before the due date prescribed for payment of that tax or |
| |||||||
| |||||||
1 | an amount that is reported in an amended return other than | ||||||
2 | an amended return timely filed as required by subsection | ||||||
3 | (b) of Section 506 of the Illinois Income Tax Act (penalty | ||||||
4 | for late payment or nonpayment of tax). The amount of | ||||||
5 | penalty imposed under this paragraph (2) shall be 2% of | ||||||
6 | any amount that is paid no later than 30 days after the due | ||||||
7 | date, 10% of any amount that is paid later than 30 days | ||||||
8 | after the due date and prior to the date the Department has | ||||||
9 | initiated an audit or investigation of the taxpayer, and | ||||||
10 | 20% of any amount that is paid after the date the | ||||||
11 | Department has initiated an audit or investigation of the | ||||||
12 | taxpayer; provided that the penalty shall be reduced to | ||||||
13 | 15% if the entire amount due is paid not later than 30 days | ||||||
14 | after the Department has provided the taxpayer with an | ||||||
15 | amended return (following completion of an occupation, | ||||||
16 | use, or excise tax audit) or a form for waiver of | ||||||
17 | restrictions on assessment (following completion of an | ||||||
18 | income tax audit); provided further that the reduction to | ||||||
19 | 15% shall be rescinded if the taxpayer makes any claim for | ||||||
20 | refund or credit of the tax, penalties, or interest | ||||||
21 | determined to be due upon audit, except in the case of a | ||||||
22 | claim filed pursuant to subsection (b) of Section 506 of | ||||||
23 | the Illinois Income Tax Act or to claim a carryover of a | ||||||
24 | loss or credit, the availability of which was not | ||||||
25 | determined in the audit. For purposes of this paragraph | ||||||
26 | (2), any overpayment reported on an original return that |
| |||||||
| |||||||
1 | has been allowed as a refund or credit to the taxpayer | ||||||
2 | shall be deemed to have not been paid on or before the due | ||||||
3 | date for payment and any amount paid under protest | ||||||
4 | pursuant to the provisions of the State Officers and | ||||||
5 | Employees Money Disposition Act shall be deemed to have | ||||||
6 | been paid after the Department has initiated an audit and | ||||||
7 | more than 30 days after the Department has provided the | ||||||
8 | taxpayer with an amended return (following completion of | ||||||
9 | an occupation, use, or excise tax audit) or a form for | ||||||
10 | waiver of restrictions on assessment (following completion | ||||||
11 | of an income tax audit). | ||||||
12 | (3) The penalty imposed under this subsection (b-20) | ||||||
13 | shall be deemed assessed at the time the tax upon which the | ||||||
14 | penalty is computed is assessed, except that, if the | ||||||
15 | reduction of the penalty imposed under paragraph (2) of | ||||||
16 | this subsection (b-20) to 15% is rescinded because a claim | ||||||
17 | for refund or credit has been filed, the increase in | ||||||
18 | penalty shall be deemed assessed at the time the claim for | ||||||
19 | refund or credit is filed. | ||||||
20 | (b-25) This subsection (b-25) is applicable to returns due | ||||||
21 | on or after January 1, 2024. | ||||||
22 | (1) A penalty shall be imposed for failure to pay, | ||||||
23 | prior to the due date for payment, any amount of tax the | ||||||
24 | payment of which is required to be made prior to the filing | ||||||
25 | of a return or without a return (penalty for late payment | ||||||
26 | or nonpayment of estimated or accelerated tax). The amount |
| |||||||
| |||||||
1 | of penalty imposed under this paragraph (1) shall be 2% of | ||||||
2 | any amount that is paid no later than 30 days after the due | ||||||
3 | date and 10% of any amount that is paid later than 30 days | ||||||
4 | after the due date. | ||||||
5 | (2) A penalty shall be imposed for failure to pay the | ||||||
6 | tax shown due or required to be shown due on a return on or | ||||||
7 | before the due date prescribed for payment of that tax | ||||||
8 | (penalty for late payment or nonpayment of tax). The | ||||||
9 | amount of penalty imposed under this paragraph (2) shall | ||||||
10 | be 2% of any amount that is paid no later than 30 days | ||||||
11 | after the due date, 10% of any amount that is paid later | ||||||
12 | than 30 days after the due date and prior to the date the | ||||||
13 | Department initiates an audit or investigation of the | ||||||
14 | taxpayer, and 20% of any amount that is paid after the date | ||||||
15 | the Department initiates an audit or investigation of the | ||||||
16 | taxpayer; provided that the penalty shall be reduced to | ||||||
17 | 15% if the entire amount due is paid not later than 30 days | ||||||
18 | after the Department provides the taxpayer with an amended | ||||||
19 | return (following completion of an occupation, use, or | ||||||
20 | excise tax audit) or a form for waiver of restrictions on | ||||||
21 | assessment (following completion of an income tax audit); | ||||||
22 | provided further that the reduction to 15% shall be | ||||||
23 | rescinded if the taxpayer makes any claim for refund or | ||||||
24 | credit of the tax, penalties, or interest determined to be | ||||||
25 | due upon audit, except in the case of a claim filed | ||||||
26 | pursuant to subsection (b) of Section 506 of the Illinois |
| |||||||
| |||||||
1 | Income Tax Act or to claim a carryover of a loss or credit, | ||||||
2 | the availability of which was not determined in the audit. | ||||||
3 | For purposes of this paragraph (2): | ||||||
4 | (A) any overpayment reported on an original return | ||||||
5 | that has been allowed as a refund or credit to the | ||||||
6 | taxpayer shall be deemed to have not been paid on or | ||||||
7 | before the due date for payment; | ||||||
8 | (B) any amount paid under protest pursuant to the | ||||||
9 | provisions of the State Officers and Employees Money | ||||||
10 | Disposition Act shall be deemed to have been paid | ||||||
11 | after the Department has initiated an audit and more | ||||||
12 | than 30 days after the Department has provided the | ||||||
13 | taxpayer with an amended return (following completion | ||||||
14 | of an occupation, use, or excise tax audit) or a form | ||||||
15 | for waiver of restrictions on assessment (following | ||||||
16 | completion of an income tax audit); and | ||||||
17 | (C) any liability resulting from a federal change | ||||||
18 | required to be reported under subsection (b) of | ||||||
19 | Section 506 of the Illinois Income Tax Act that is | ||||||
20 | reported and paid no later than the due date for filing | ||||||
21 | the federal change amended return shall be deemed to | ||||||
22 | have been paid on or before the due date prescribed for | ||||||
23 | payment. | ||||||
24 | (3) The penalty imposed under this subsection (b-25) | ||||||
25 | shall be deemed assessed at the time the tax upon which the | ||||||
26 | penalty is computed is assessed, except that, if the |
| |||||||
| |||||||
1 | reduction of the penalty imposed under paragraph (2) of | ||||||
2 | this subsection (b-25) to 15% is rescinded because a claim | ||||||
3 | for refund or credit has been filed, the increase in | ||||||
4 | penalty shall be deemed assessed at the time the claim for | ||||||
5 | refund or credit is filed. | ||||||
6 | (c) For purposes of the late payment penalties, the basis | ||||||
7 | of the penalty shall be the tax shown or required to be shown | ||||||
8 | on a return, whichever is applicable, reduced by any part of | ||||||
9 | the tax which is paid on time and by any credit which was | ||||||
10 | properly allowable on the date the return was required to be | ||||||
11 | filed. | ||||||
12 | (d) A penalty shall be applied to the tax required to be | ||||||
13 | shown even if that amount is less than the tax shown on the | ||||||
14 | return. | ||||||
15 | (e) This subsection (e) is applicable to returns due | ||||||
16 | before January 1, 2001. If both a subsection (b)(1) or | ||||||
17 | (b-5)(1) penalty and a subsection (b)(2) or (b-5)(2) penalty | ||||||
18 | are assessed against the same return, the subsection (b)(2) or | ||||||
19 | (b-5)(2) penalty shall be assessed against only the additional | ||||||
20 | tax found to be due. | ||||||
21 | (e-5) This subsection (e-5) is applicable to returns due | ||||||
22 | on and after January 1, 2001. If both a subsection (b-10)(1) | ||||||
23 | penalty and a subsection (b-10)(2) penalty are assessed | ||||||
24 | against the same return, the subsection (b-10)(2) penalty | ||||||
25 | shall be assessed against only the additional tax found to be | ||||||
26 | due. |
| |||||||
| |||||||
1 | (f) If the taxpayer has failed to file the return, the | ||||||
2 | Department shall determine the correct tax according to its | ||||||
3 | best judgment and information, which amount shall be prima | ||||||
4 | facie evidence of the correctness of the tax due. | ||||||
5 | (g) The time within which to file a return or pay an amount | ||||||
6 | of tax due without imposition of a penalty does not extend the | ||||||
7 | time within which to file a protest to a notice of tax | ||||||
8 | liability or a notice of deficiency. | ||||||
9 | (h) No return shall be determined to be unprocessable | ||||||
10 | because of the omission of any information requested on the | ||||||
11 | return pursuant to Section 2505-575 of the Department of | ||||||
12 | Revenue Law (20 ILCS 2505/2505-575) . | ||||||
13 | (i) If a taxpayer has a tax liability for the taxable | ||||||
14 | period ending after June 30, 1983 and prior to July 1, 2002 | ||||||
15 | that is eligible for amnesty under the Tax Delinquency Amnesty | ||||||
16 | Act and the taxpayer fails to satisfy the tax liability during | ||||||
17 | the amnesty period provided for in that Act for that taxable | ||||||
18 | period, then the penalty imposed by the Department under this | ||||||
19 | Section shall be imposed in an amount that is 200% of the | ||||||
20 | amount that would otherwise be imposed under this Section. | ||||||
21 | (j) If a taxpayer has a tax liability for the taxable | ||||||
22 | period ending after June 30, 2002 and prior to July 1, 2009 | ||||||
23 | that is eligible for amnesty under the Tax Delinquency Amnesty | ||||||
24 | Act, except for any tax liability reported pursuant to Section | ||||||
25 | 506(b) of the Illinois Income Tax Act (35 ILCS 5/506(b)) that | ||||||
26 | is not final, and the taxpayer fails to satisfy the tax |
| |||||||
| |||||||
1 | liability during the amnesty period provided for in that Act | ||||||
2 | for that taxable period, then the penalty imposed by the | ||||||
3 | Department under this Section shall be imposed in an amount | ||||||
4 | that is 200% of the amount that would otherwise be imposed | ||||||
5 | under this Section. | ||||||
6 | (Source: P.A. 103-98, eff. 1-1-24; revised 1-2-24.)
| ||||||
7 | Section 220. The Illinois Independent Tax Tribunal Act of | ||||||
8 | 2012 is amended by changing Section 1-60 as follows:
| ||||||
9 | (35 ILCS 1010/1-60) | ||||||
10 | Sec. 1-60. Discovery and stipulation. | ||||||
11 | (a) The parties to the proceeding shall comply with the | ||||||
12 | Supreme Court Rules for Civil Proceedings in the Trial Court | ||||||
13 | regarding Discovery, Requests for Admission, and Pre-Trial | ||||||
14 | Procedure. | ||||||
15 | (b) An A administrative law judge or the clerk of the Tax | ||||||
16 | Tribunal, on the request of any party to the proceeding, shall | ||||||
17 | issue subpoenas requiring the attendance of witnesses and | ||||||
18 | giving of testimony and subpoenas duces tecum requiring the | ||||||
19 | production of evidence or things. | ||||||
20 | (c) Any employee of the Tax Tribunal designated in writing | ||||||
21 | for that purpose by the Chief Administrative Law Judge may | ||||||
22 | administer oaths. | ||||||
23 | (d) The Tax Tribunal may enforce its order on discovery | ||||||
24 | and other procedural issues, among other means, by deciding |
| |||||||
| |||||||
1 | issues wholly or partly against the offending party. | ||||||
2 | (Source: P.A. 97-1129, eff. 8-28-12; revised 9-21-23.)
| ||||||
3 | Section 225. The Illinois Pension Code is amended by | ||||||
4 | changing Sections 15-198 and 16-127 as follows:
| ||||||
5 | (40 ILCS 5/15-198) | ||||||
6 | Sec. 15-198. Application and expiration of new benefit | ||||||
7 | increases. | ||||||
8 | (a) As used in this Section, "new benefit increase" means | ||||||
9 | an increase in the amount of any benefit provided under this | ||||||
10 | Article, or an expansion of the conditions of eligibility for | ||||||
11 | any benefit under this Article, that results from an amendment | ||||||
12 | to this Code that takes effect after June 1, 2005 (the | ||||||
13 | effective date of Public Act 94-4). "New benefit increase", | ||||||
14 | however, does not include any benefit increase resulting from | ||||||
15 | the changes made to Article 1 or this Article by Public Act | ||||||
16 | 100-23, Public Act 100-587, Public Act 100-769, Public Act | ||||||
17 | 101-10, Public Act 101-610, Public Act 102-16, Public Act | ||||||
18 | 103-80, or Public Act 103-548 or this amendatory Act of the | ||||||
19 | 103rd General Assembly . | ||||||
20 | (b) Notwithstanding any other provision of this Code or | ||||||
21 | any subsequent amendment to this Code, every new benefit | ||||||
22 | increase is subject to this Section and shall be deemed to be | ||||||
23 | granted only in conformance with and contingent upon | ||||||
24 | compliance with the provisions of this Section. |
| |||||||
| |||||||
1 | (c) The Public Act enacting a new benefit increase must | ||||||
2 | identify and provide for payment to the System of additional | ||||||
3 | funding at least sufficient to fund the resulting annual | ||||||
4 | increase in cost to the System as it accrues. | ||||||
5 | Every new benefit increase is contingent upon the General | ||||||
6 | Assembly providing the additional funding required under this | ||||||
7 | subsection. The Commission on Government Forecasting and | ||||||
8 | Accountability shall analyze whether adequate additional | ||||||
9 | funding has been provided for the new benefit increase and | ||||||
10 | shall report its analysis to the Public Pension Division of | ||||||
11 | the Department of Insurance. A new benefit increase created by | ||||||
12 | a Public Act that does not include the additional funding | ||||||
13 | required under this subsection is null and void. If the Public | ||||||
14 | Pension Division determines that the additional funding | ||||||
15 | provided for a new benefit increase under this subsection is | ||||||
16 | or has become inadequate, it may so certify to the Governor and | ||||||
17 | the State Comptroller and, in the absence of corrective action | ||||||
18 | by the General Assembly, the new benefit increase shall expire | ||||||
19 | at the end of the fiscal year in which the certification is | ||||||
20 | made. | ||||||
21 | (d) Every new benefit increase shall expire 5 years after | ||||||
22 | its effective date or on such earlier date as may be specified | ||||||
23 | in the language enacting the new benefit increase or provided | ||||||
24 | under subsection (c). This does not prevent the General | ||||||
25 | Assembly from extending or re-creating a new benefit increase | ||||||
26 | by law. |
| |||||||
| |||||||
1 | (e) Except as otherwise provided in the language creating | ||||||
2 | the new benefit increase, a new benefit increase that expires | ||||||
3 | under this Section continues to apply to persons who applied | ||||||
4 | and qualified for the affected benefit while the new benefit | ||||||
5 | increase was in effect and to the affected beneficiaries and | ||||||
6 | alternate payees of such persons, but does not apply to any | ||||||
7 | other person, including, without limitation, a person who | ||||||
8 | continues in service after the expiration date and did not | ||||||
9 | apply and qualify for the affected benefit while the new | ||||||
10 | benefit increase was in effect. | ||||||
11 | (Source: P.A. 102-16, eff. 6-17-21; 103-80, eff. 6-9-23; | ||||||
12 | 103-548, eff. 8-11-23; revised 8-31-23.)
| ||||||
13 | (40 ILCS 5/16-127) (from Ch. 108 1/2, par. 16-127) | ||||||
14 | Sec. 16-127. Computation of creditable service. | ||||||
15 | (a) Each member shall receive regular credit for all | ||||||
16 | service as a teacher from the date membership begins, for | ||||||
17 | which satisfactory evidence is supplied and all contributions | ||||||
18 | have been paid. | ||||||
19 | (b) The following periods of service shall earn optional | ||||||
20 | credit and each member shall receive credit for all such | ||||||
21 | service for which satisfactory evidence is supplied and all | ||||||
22 | contributions have been paid as of the date specified: | ||||||
23 | (1) Prior service as a teacher. | ||||||
24 | (2) Service in a capacity essentially similar or | ||||||
25 | equivalent to that of a teacher, in the public common |
| |||||||
| |||||||
1 | schools in school districts in this State not included | ||||||
2 | within the provisions of this System, or of any other | ||||||
3 | State, territory, dependency or possession of the United | ||||||
4 | States, or in schools operated by or under the auspices of | ||||||
5 | the United States, or under the auspices of any agency or | ||||||
6 | department of any other State, and service during any | ||||||
7 | period of professional speech correction or special | ||||||
8 | education experience for a public agency within this State | ||||||
9 | or any other State, territory, dependency or possession of | ||||||
10 | the United States, and service prior to February 1, 1951 | ||||||
11 | as a recreation worker for the Illinois Department of | ||||||
12 | Public Safety, for a period not exceeding the lesser of | ||||||
13 | 2/5 of the total creditable service of the member or 10 | ||||||
14 | years. The maximum service of 10 years which is allowable | ||||||
15 | under this paragraph shall be reduced by the service | ||||||
16 | credit which is validated by other retirement systems | ||||||
17 | under paragraph (i) of Section 15-113 and paragraph 1 of | ||||||
18 | Section 17-133. Credit granted under this paragraph may | ||||||
19 | not be used in determination of a retirement annuity or | ||||||
20 | disability benefits unless the member has at least 5 years | ||||||
21 | of creditable service earned subsequent to this employment | ||||||
22 | with one or more of the following systems: Teachers' | ||||||
23 | Retirement System of the State of Illinois, State | ||||||
24 | Universities Retirement System, and the Public School | ||||||
25 | Teachers' Pension and Retirement Fund of Chicago. Whenever | ||||||
26 | such service credit exceeds the maximum allowed for all |
| |||||||
| |||||||
1 | purposes of this Article, the first service rendered in | ||||||
2 | point of time shall be considered. The changes to this | ||||||
3 | paragraph subdivision (b) (2) made by Public Act 86-272 | ||||||
4 | shall apply not only to persons who on or after its | ||||||
5 | effective date (August 23, 1989) are in service as a | ||||||
6 | teacher under the System, but also to persons whose status | ||||||
7 | as such a teacher terminated prior to such effective date, | ||||||
8 | whether or not such person is an annuitant on that date. | ||||||
9 | (3) Any periods immediately following teaching | ||||||
10 | service, under this System or under Article 17, (or | ||||||
11 | immediately following service prior to February 1, 1951 as | ||||||
12 | a recreation worker for the Illinois Department of Public | ||||||
13 | Safety) spent in active service with the military forces | ||||||
14 | of the United States; periods spent in educational | ||||||
15 | programs that prepare for return to teaching sponsored by | ||||||
16 | the federal government following such active military | ||||||
17 | service; if a teacher returns to teaching service within | ||||||
18 | one calendar year after discharge or after the completion | ||||||
19 | of the educational program, a further period, not | ||||||
20 | exceeding one calendar year, between time spent in | ||||||
21 | military service or in such educational programs and the | ||||||
22 | return to employment as a teacher under this System; and a | ||||||
23 | period of up to 2 years of active military service not | ||||||
24 | immediately following employment as a teacher. | ||||||
25 | The changes to this Section and Section 16-128 | ||||||
26 | relating to military service made by Public Act P.A. |
| |||||||
| |||||||
1 | 87-794 shall apply not only to persons who on or after its | ||||||
2 | effective date are in service as a teacher under the | ||||||
3 | System, but also to persons whose status as a teacher | ||||||
4 | terminated prior to that date, whether or not the person | ||||||
5 | is an annuitant on that date. In the case of an annuitant | ||||||
6 | who applies for credit allowable under this Section for a | ||||||
7 | period of military service that did not immediately follow | ||||||
8 | employment, and who has made the required contributions | ||||||
9 | for such credit, the annuity shall be recalculated to | ||||||
10 | include the additional service credit, with the increase | ||||||
11 | taking effect on the date the System received written | ||||||
12 | notification of the annuitant's intent to purchase the | ||||||
13 | credit, if payment of all the required contributions is | ||||||
14 | made within 60 days of such notice, or else on the first | ||||||
15 | annuity payment date following the date of payment of the | ||||||
16 | required contributions. In calculating the automatic | ||||||
17 | annual increase for an annuity that has been recalculated | ||||||
18 | under this Section, the increase attributable to the | ||||||
19 | additional service allowable under Public Act P.A. 87-794 | ||||||
20 | shall be included in the calculation of automatic annual | ||||||
21 | increases accruing after the effective date of the | ||||||
22 | recalculation. | ||||||
23 | Credit for military service shall be determined as | ||||||
24 | follows: if entry occurs during the months of July, | ||||||
25 | August, or September and the member was a teacher at the | ||||||
26 | end of the immediately preceding school term, credit shall |
| |||||||
| |||||||
1 | be granted from July 1 of the year in which he or she | ||||||
2 | entered service; if entry occurs during the school term | ||||||
3 | and the teacher was in teaching service at the beginning | ||||||
4 | of the school term, credit shall be granted from July 1 of | ||||||
5 | such year. In all other cases where credit for military | ||||||
6 | service is allowed, credit shall be granted from the date | ||||||
7 | of entry into the service. | ||||||
8 | The total period of military service for which credit | ||||||
9 | is granted shall not exceed 5 years for any member unless | ||||||
10 | the service: (A) is validated before July 1, 1964, and (B) | ||||||
11 | does not extend beyond July 1, 1963. Credit for military | ||||||
12 | service shall be granted under this Section only if not | ||||||
13 | more than 5 years of the military service for which credit | ||||||
14 | is granted under this Section is used by the member to | ||||||
15 | qualify for a military retirement allotment from any | ||||||
16 | branch of the armed forces of the United States. The | ||||||
17 | changes to this paragraph subdivision (b) (3) made by | ||||||
18 | Public Act 86-272 shall apply not only to persons who on or | ||||||
19 | after its effective date (August 23, 1989) are in service | ||||||
20 | as a teacher under the System, but also to persons whose | ||||||
21 | status as such a teacher terminated prior to such | ||||||
22 | effective date, whether or not such person is an annuitant | ||||||
23 | on that date. | ||||||
24 | (4) Any periods served as a member of the General | ||||||
25 | Assembly. | ||||||
26 | (5)(i) Any periods for which a teacher, as defined in |
| |||||||
| |||||||
1 | Section 16-106, is granted a leave of absence, provided he | ||||||
2 | or she returns to teaching service creditable under this | ||||||
3 | System or the State Universities Retirement System | ||||||
4 | following the leave; (ii) periods during which a teacher | ||||||
5 | is involuntarily laid off from teaching, provided he or | ||||||
6 | she returns to teaching following the lay-off; (iii) | ||||||
7 | periods prior to July 1, 1983 during which a teacher | ||||||
8 | ceased covered employment due to pregnancy, provided that | ||||||
9 | the teacher returned to teaching service creditable under | ||||||
10 | this System or the State Universities Retirement System | ||||||
11 | following the pregnancy and submits evidence satisfactory | ||||||
12 | to the Board documenting that the employment ceased due to | ||||||
13 | pregnancy; and (iv) periods prior to July 1, 1983 during | ||||||
14 | which a teacher ceased covered employment for the purpose | ||||||
15 | of adopting an infant under 3 years of age or caring for a | ||||||
16 | newly adopted infant under 3 years of age, provided that | ||||||
17 | the teacher returned to teaching service creditable under | ||||||
18 | this System or the State Universities Retirement System | ||||||
19 | following the adoption and submits evidence satisfactory | ||||||
20 | to the Board documenting that the employment ceased for | ||||||
21 | the purpose of adopting an infant under 3 years of age or | ||||||
22 | caring for a newly adopted infant under 3 years of age. | ||||||
23 | However, total credit under this paragraph (5) may not | ||||||
24 | exceed 3 years. | ||||||
25 | Any qualified member or annuitant may apply for credit | ||||||
26 | under item (iii) or (iv) of this paragraph (5) without |
| |||||||
| |||||||
1 | regard to whether service was terminated before June 27, | ||||||
2 | 1997 ( the effective date of Public Act 90-32) this | ||||||
3 | amendatory Act of 1997 . In the case of an annuitant who | ||||||
4 | establishes credit under item (iii) or (iv), the annuity | ||||||
5 | shall be recalculated to include the additional service | ||||||
6 | credit. The increase in annuity shall take effect on the | ||||||
7 | date the System receives written notification of the | ||||||
8 | annuitant's intent to purchase the credit, if the required | ||||||
9 | evidence is submitted and the required contribution paid | ||||||
10 | within 60 days of that notification, otherwise on the | ||||||
11 | first annuity payment date following the System's receipt | ||||||
12 | of the required evidence and contribution. The increase in | ||||||
13 | an annuity recalculated under this provision shall be | ||||||
14 | included in the calculation of automatic annual increases | ||||||
15 | in the annuity accruing after the effective date of the | ||||||
16 | recalculation. | ||||||
17 | Optional credit may be purchased under this paragraph | ||||||
18 | subsection (b) (5) for periods during which a teacher has | ||||||
19 | been granted a leave of absence pursuant to Section 24-13 | ||||||
20 | of the School Code. A teacher whose service under this | ||||||
21 | Article terminated prior to the effective date of Public | ||||||
22 | Act P.A. 86-1488 shall be eligible to purchase such | ||||||
23 | optional credit. If a teacher who purchases this optional | ||||||
24 | credit is already receiving a retirement annuity under | ||||||
25 | this Article, the annuity shall be recalculated as if the | ||||||
26 | annuitant had applied for the leave of absence credit at |
| |||||||
| |||||||
1 | the time of retirement. The difference between the | ||||||
2 | entitled annuity and the actual annuity shall be credited | ||||||
3 | to the purchase of the optional credit. The remainder of | ||||||
4 | the purchase cost of the optional credit shall be paid on | ||||||
5 | or before April 1, 1992. | ||||||
6 | The change in this paragraph made by Public Act 86-273 | ||||||
7 | shall be applicable to teachers who retire after June 1, | ||||||
8 | 1989, as well as to teachers who are in service on that | ||||||
9 | date. | ||||||
10 | (6) Any days of unused and uncompensated accumulated | ||||||
11 | sick leave earned by a teacher. The service credit granted | ||||||
12 | under this paragraph shall be the ratio of the number of | ||||||
13 | unused and uncompensated accumulated sick leave days to | ||||||
14 | 170 days, subject to a maximum of 2 years of service | ||||||
15 | credit. Prior to the member's retirement, each former | ||||||
16 | employer shall certify to the System the number of unused | ||||||
17 | and uncompensated accumulated sick leave days credited to | ||||||
18 | the member at the time of termination of service. The | ||||||
19 | period of unused sick leave shall not be considered in | ||||||
20 | determining the effective date of retirement. A member is | ||||||
21 | not required to make contributions in order to obtain | ||||||
22 | service credit for unused sick leave. | ||||||
23 | Credit for sick leave shall, at retirement, be granted | ||||||
24 | by the System for any retiring regional or assistant | ||||||
25 | regional superintendent of schools at the rate of 6 days | ||||||
26 | per year of creditable service or portion thereof |
| |||||||
| |||||||
1 | established while serving as such superintendent or | ||||||
2 | assistant superintendent. | ||||||
3 | (7) Periods prior to February 1, 1987 served as an | ||||||
4 | employee of the Illinois Mathematics and Science Academy | ||||||
5 | for which credit has not been terminated under Section | ||||||
6 | 15-113.9 of this Code. | ||||||
7 | (8) Service as a substitute teacher for work performed | ||||||
8 | prior to July 1, 1990. | ||||||
9 | (9) Service as a part-time teacher for work performed | ||||||
10 | prior to July 1, 1990. | ||||||
11 | (10) Up to 2 years of employment with Southern | ||||||
12 | Illinois University - Carbondale from September 1, 1959 to | ||||||
13 | August 31, 1961, or with Governors State University from | ||||||
14 | September 1, 1972 to August 31, 1974, for which the | ||||||
15 | teacher has no credit under Article 15. To receive credit | ||||||
16 | under this item (10), a teacher must apply in writing to | ||||||
17 | the Board and pay the required contributions before May 1, | ||||||
18 | 1993 and have at least 12 years of service credit under | ||||||
19 | this Article. | ||||||
20 | (11) Periods of service as a student teacher as | ||||||
21 | described in Section 24-8.5 of the School Code for which | ||||||
22 | the student teacher received a salary. | ||||||
23 | (b-1) A member may establish optional credit for up to 2 | ||||||
24 | years of service as a teacher or administrator employed by a | ||||||
25 | private school recognized by the Illinois State Board of | ||||||
26 | Education, provided that the teacher (i) was certified under |
| |||||||
| |||||||
1 | the law governing the certification of teachers at the time | ||||||
2 | the service was rendered, (ii) applies in writing on or before | ||||||
3 | June 30, 2028, (iii) supplies satisfactory evidence of the | ||||||
4 | employment, (iv) completes at least 10 years of contributing | ||||||
5 | service as a teacher as defined in Section 16-106, and (v) pays | ||||||
6 | the contribution required in subsection (d-5) of Section | ||||||
7 | 16-128. The member may apply for credit under this subsection | ||||||
8 | and pay the required contribution before completing the 10 | ||||||
9 | years of contributing service required under item (iv), but | ||||||
10 | the credit may not be used until the item (iv) contributing | ||||||
11 | service requirement has been met. | ||||||
12 | (c) The service credits specified in this Section shall be | ||||||
13 | granted only if: (1) such service credits are not used for | ||||||
14 | credit in any other statutory tax-supported public employee | ||||||
15 | retirement system other than the federal Social Security | ||||||
16 | program; and (2) the member makes the required contributions | ||||||
17 | as specified in Section 16-128. Except as provided in | ||||||
18 | subsection (b-1) of this Section, the service credit shall be | ||||||
19 | effective as of the date the required contributions are | ||||||
20 | completed. | ||||||
21 | Any service credits granted under this Section shall | ||||||
22 | terminate upon cessation of membership for any cause. | ||||||
23 | Credit may not be granted under this Section covering any | ||||||
24 | period for which an age retirement or disability retirement | ||||||
25 | allowance has been paid. | ||||||
26 | Credit may not be granted under this Section for service |
| |||||||
| |||||||
1 | as an employee of an entity that provides substitute teaching | ||||||
2 | services under Section 2-3.173 of the School Code and is not a | ||||||
3 | school district. | ||||||
4 | (Source: P.A. 102-525, eff. 8-20-21; 103-17, eff. 6-9-23; | ||||||
5 | 103-525, eff. 8-11-23; revised 9-5-23.)
| ||||||
6 | Section 230. The Local Government Taxpayers' Bill of | ||||||
7 | Rights Act is amended by changing Section 30 as follows:
| ||||||
8 | (50 ILCS 45/30) | ||||||
9 | Sec. 30. Statute of limitations. Units of local government | ||||||
10 | have an obligation to review tax returns in a timely manner and | ||||||
11 | issue any determination of tax due as promptly as possible so | ||||||
12 | that taxpayers may make timely corrections of future returns | ||||||
13 | and minimize any interest charges applied to tax | ||||||
14 | underpayments. Each unit of local government must provide | ||||||
15 | appropriate statutes of limitation for the determination and | ||||||
16 | assessment of taxes covered by this Act, provided, however, | ||||||
17 | that a statute of limitations may not exceed the following: | ||||||
18 | (1) No notice of determination of tax due or | ||||||
19 | assessment may be issued more than 5 years after the end of | ||||||
20 | the calendar year for which the return for the period was | ||||||
21 | filed or the end of the calendar year in which the return | ||||||
22 | for the period was due, whichever occurs later. An audit | ||||||
23 | or review that is timely performed under Section 35 of | ||||||
24 | this Act or Section 8-11-2.5 of the Illinois Municipal |
| |||||||
| |||||||
1 | Code shall toll the applicable 5-year period for a period | ||||||
2 | of not more than one 1 year. | ||||||
3 | (2) If any tax return was not filed or if during any | ||||||
4 | 4-year period for which a notice of tax determination or | ||||||
5 | assessment may be issued by the unit of local government | ||||||
6 | the tax paid or remitted was less than 75% of the tax due | ||||||
7 | for that period, the statute of limitations shall be no | ||||||
8 | more than 6 years after the end of the calendar year in | ||||||
9 | which the return for the period was due or the end of the | ||||||
10 | calendar year in which the return for the period was | ||||||
11 | filed, whichever occurs later. In the event that a unit of | ||||||
12 | local government fails to provide a statute of | ||||||
13 | limitations, the maximum statutory period provided in this | ||||||
14 | Section applies. | ||||||
15 | (3) The changes to this Section made by Public Act | ||||||
16 | 102-1144 this amendatory Act of the 102nd General Assembly do | ||||||
17 | not revive any determination and assessment of tax due where | ||||||
18 | the statute of limitations has expired as of March 17, 2023 | ||||||
19 | ( the effective date of Public Act 102-1144) this amendatory | ||||||
20 | Act of the 102nd General Assembly , but the changes do extend | ||||||
21 | the statute of limitations for the determination and | ||||||
22 | assessment of taxes where the statute of limitation has not | ||||||
23 | expired as of March 17, 2023 ( the effective date of Public Act | ||||||
24 | 102-1144) this amendatory Act of the 102nd General Assembly . | ||||||
25 | This Section does not place any limitation on a unit of | ||||||
26 | local government if a fraudulent tax return is filed. |
| |||||||
| |||||||
1 | (Source: P.A. 102-1144, eff. 3-17-23; revised 4-5-23.)
| ||||||
2 | Section 235. The Uniform Peace Officers' Disciplinary Act | ||||||
3 | is amended by changing Section 7.2 as follows:
| ||||||
4 | (50 ILCS 725/7.2) | ||||||
5 | Sec. 7.2. Possession of a Firearm Owner's Identification | ||||||
6 | Card. An employer of an officer shall not make possession of a | ||||||
7 | Firearm Owner's Identification Card a condition of continued | ||||||
8 | employment if the officer's Firearm Owner's Identification | ||||||
9 | Card is revoked or seized because the officer has been a | ||||||
10 | patient of a mental health facility and the officer has not | ||||||
11 | been determined to pose a clear and present danger to himself, | ||||||
12 | herself, or others as determined by a physician, clinical | ||||||
13 | psychologist, or qualified examiner. Nothing in is this | ||||||
14 | Section shall otherwise impair an employer's ability to | ||||||
15 | determine an officer's fitness for duty. On and after August | ||||||
16 | 17, 2018 ( the effective date of Public Act 100-911) this | ||||||
17 | amendatory Act of the 100th General Assembly , Section 6 of | ||||||
18 | this Act shall not apply to the prohibition requiring a | ||||||
19 | Firearm Owner's Identification Card as a condition of | ||||||
20 | continued employment, but a collective bargaining agreement | ||||||
21 | already in effect on that issue on August 17, 2018 ( the | ||||||
22 | effective date of Public Act 100-911) this amendatory Act of | ||||||
23 | the 100th General Assembly cannot be modified. The employer | ||||||
24 | shall document if and why an officer has been determined to |
| |||||||
| |||||||
1 | pose a clear and present danger. | ||||||
2 | (Source: P.A. 100-911, eff. 8-17-18; 101-375, eff. 8-16-19; | ||||||
3 | revised 4-5-23.)
| ||||||
4 | Section 240. The Counties Code is amended by changing | ||||||
5 | Sections 3-8002, 4-7001, 5-1022, and 5-1069.3 as follows:
| ||||||
6 | (55 ILCS 5/3-8002) (from Ch. 34, par. 3-8002) | ||||||
7 | Sec. 3-8002. Applicability and adoption. The county board | ||||||
8 | of every county having a county police department merit board | ||||||
9 | established under the "The County Police Department Act ", | ||||||
10 | approved August 7, 1967, as amended (repealed) , or a merit | ||||||
11 | commission for sheriff's personnel established under Section | ||||||
12 | 58.1 of "An Act to revise the law in relation to counties", | ||||||
13 | approved March 31, 1874, as amended (repealed), shall adopt | ||||||
14 | and implement the merit system provided by this Division and | ||||||
15 | shall modify the merit system now in effect in that county as | ||||||
16 | may be necessary to comply with this Division. | ||||||
17 | The county board of any county having a population of less | ||||||
18 | than 1,000,000 which does not have a merit board or merit | ||||||
19 | commission for sheriff's personnel may adopt and implement by | ||||||
20 | ordinance the merit system provided by this Division. If the | ||||||
21 | county board does not adopt such a merit system by an ordinance | ||||||
22 | and if a petition signed by not fewer than 5% or 1000, | ||||||
23 | whichever is less, of the registered electors of any such | ||||||
24 | county is filed with the county clerk requesting a referendum |
| |||||||
| |||||||
1 | on the adoption of a merit system for deputies in the office of | ||||||
2 | the Sheriff, the county board shall, by appropriate ordinance, | ||||||
3 | cause the question to be submitted to the electors of the | ||||||
4 | county, at a special or general election specified in such | ||||||
5 | ordinance, in accordance with the provisions of Section 28-3 | ||||||
6 | of the "The Election Code ", approved May 11, 1943, as now or | ||||||
7 | hereafter amended . Notice of the election shall be given as | ||||||
8 | provided in Article 12 of that Code such code . If a majority of | ||||||
9 | those voting on the proposition at such election vote in favor | ||||||
10 | thereof, the county board shall adopt and implement a merit | ||||||
11 | system provided in this Division. When a merit board or merit | ||||||
12 | commission for sheriff's personnel has been established in a | ||||||
13 | county, it may be abolished by the same procedure in which it | ||||||
14 | was established. | ||||||
15 | This Division does not apply to any county having a | ||||||
16 | population of more than 1,000,000 nor to any county which has | ||||||
17 | not elected to adopt the merit system provided by this | ||||||
18 | Division and which is not required to do so under this Section. | ||||||
19 | (Source: P.A. 86-962; revised 9-25-23.)
| ||||||
20 | (55 ILCS 5/4-7001) | ||||||
21 | Sec. 4-7001. Coroner's fees. The fees of the coroner's | ||||||
22 | office shall be as follows: | ||||||
23 | 1. For a copy of a transcript of sworn testimony: | ||||||
24 | $5.00 per page. | ||||||
25 | 2. For a copy of an autopsy report (if not included in |
| |||||||
| |||||||
1 | transcript): $50.00. | ||||||
2 | 3. For a copy of the verdict of a coroner's jury: | ||||||
3 | $5.00. | ||||||
4 | 4. For a copy of a toxicology report: $25.00. | ||||||
5 | 5. For a print of or an electronic file containing a | ||||||
6 | picture obtained by the coroner: actual cost or $3.00, | ||||||
7 | whichever is greater. | ||||||
8 | 6. For each copy of miscellaneous reports, including | ||||||
9 | artist's drawings but not including police reports: actual | ||||||
10 | cost or $25.00, whichever is greater. | ||||||
11 | 7. For a coroner's or medical examiner's permit to | ||||||
12 | cremate a dead human body: $100. The coroner may waive, at | ||||||
13 | his or her discretion, the permit fee if the coroner | ||||||
14 | determines that the person is indigent and unable to pay | ||||||
15 | the permit fee or under other special circumstances. | ||||||
16 | 8. Except in a county with a population over | ||||||
17 | 3,000,000, on and after January 1, 2024, for a certified | ||||||
18 | copy of a transcript of sworn testimony of a coroner's | ||||||
19 | inquest made by written request declaring the request is | ||||||
20 | for research or genealogy purposes: $15.00 for the entire | ||||||
21 | transcript. A request shall be deemed a proper request for | ||||||
22 | purpose of research or genealogy if the requested inquest | ||||||
23 | occurred not less than 20 years prior to the date of the | ||||||
24 | written request. The transcript shall be stamped with the | ||||||
25 | words "FOR GENEALOGY OR RESEARCH PURPOSES ONLY". | ||||||
26 | All of which fees shall be certified by the court; in the |
| |||||||
| |||||||
1 | case of inmates of any State charitable or penal institution, | ||||||
2 | the fees shall be paid by the operating department or | ||||||
3 | commission, out of the State Treasury. The coroner shall file | ||||||
4 | his or her claim in probate for his or her fees and he or she | ||||||
5 | shall render assistance to the State's Attorney attorney in | ||||||
6 | the collection of such fees out of the estate of the deceased. | ||||||
7 | In counties of less than 1,000,000 population, the State's | ||||||
8 | Attorney attorney shall collect such fees out of the estate of | ||||||
9 | the deceased. | ||||||
10 | Except in a county with a population over 3,000,000, on | ||||||
11 | and after January 1, 2024, the coroner may waive, at his or her | ||||||
12 | discretion, any fees under this Section if the coroner | ||||||
13 | determines that the person is indigent and unable to pay the | ||||||
14 | fee or under other special circumstances as determined by the | ||||||
15 | coroner. | ||||||
16 | Except as otherwise provided in this Section, whenever the | ||||||
17 | coroner is required by law to perform any of the duties of the | ||||||
18 | office of the sheriff, the coroner is entitled to the like fees | ||||||
19 | and compensation as are allowed by law to the sheriff for the | ||||||
20 | performance of similar services. | ||||||
21 | Except as otherwise provided in this Section, whenever the | ||||||
22 | coroner of any county is required to travel in the performance | ||||||
23 | of his or her duties, he or she shall receive the same mileage | ||||||
24 | fees as are authorized for the sheriff of such county. | ||||||
25 | All fees under this Section collected by or on behalf of | ||||||
26 | the coroner's office shall be paid over to the county |
| |||||||
| |||||||
1 | treasurer and deposited into a special account in the county | ||||||
2 | treasury. Moneys in the special account shall be used solely | ||||||
3 | for the purchase of electronic and forensic identification | ||||||
4 | equipment or other related supplies and the operating expenses | ||||||
5 | of the coroner's office. | ||||||
6 | The changes made by Public Act 103-73 this amendatory Act | ||||||
7 | of the 103rd General Assembly do not apply retroactively. | ||||||
8 | (Source: P.A. 103-29, eff. 7-1-23; 103-73, eff. 1-1-24; | ||||||
9 | revised 12-12-23.)
| ||||||
10 | (55 ILCS 5/5-1022) | ||||||
11 | Sec. 5-1022. Competitive bids. | ||||||
12 | (a) Any purchase by a county with fewer than 2,000,000 | ||||||
13 | inhabitants of services, materials, equipment or supplies in | ||||||
14 | excess of $30,000, other than professional services, shall be | ||||||
15 | contracted for in one of the following ways: | ||||||
16 | (1) by a contract let to the lowest responsible bidder | ||||||
17 | after advertising for bids in a newspaper published within | ||||||
18 | the county or, if no newspaper is published within the | ||||||
19 | county, then a newspaper having general circulation within | ||||||
20 | the county; or | ||||||
21 | (2) by a contract let without advertising for bids in | ||||||
22 | the case of an emergency if authorized by the county | ||||||
23 | board ; or . | ||||||
24 | (3) by a contract let without advertising for bids in | ||||||
25 | the case of the expedited replacement of a disabled, |
| |||||||
| |||||||
1 | inoperable, or damaged patrol vehicle of the sheriff's | ||||||
2 | department if authorized by the county board. | ||||||
3 | (b) In determining the lowest responsible bidder, the | ||||||
4 | county board shall take into consideration the qualities of | ||||||
5 | the articles supplied; their conformity with the | ||||||
6 | specifications; their suitability to the requirements of the | ||||||
7 | county; the availability of support services; the uniqueness | ||||||
8 | of the service, materials, equipment, or supplies as it | ||||||
9 | applies to networked, integrated computer systems; the | ||||||
10 | compatibility to existing equipment; and the delivery terms. | ||||||
11 | In addition, the county board may take into consideration the | ||||||
12 | bidder's active participation in an applicable apprenticeship | ||||||
13 | program registered with the United States Department of Labor. | ||||||
14 | The county board also may take into consideration whether a | ||||||
15 | bidder is a private enterprise or a State-controlled | ||||||
16 | enterprise and, notwithstanding any other provision of this | ||||||
17 | Section or a lower bid by a State-controlled enterprise, may | ||||||
18 | let a contract to the lowest responsible bidder that is a | ||||||
19 | private enterprise. | ||||||
20 | (c) This Section does not apply to contracts by a county | ||||||
21 | with the federal government or to purchases of used equipment, | ||||||
22 | purchases at auction or similar transactions which by their | ||||||
23 | very nature are not suitable to competitive bids, pursuant to | ||||||
24 | an ordinance adopted by the county board. | ||||||
25 | (d) Notwithstanding the provisions of this Section, a | ||||||
26 | county may let without advertising for bids in the case of |
| |||||||
| |||||||
1 | purchases and contracts, when individual orders do not exceed | ||||||
2 | $35,000, for the use, purchase, delivery, movement, or | ||||||
3 | installation of data processing equipment, software, or | ||||||
4 | services and telecommunications and inter-connect equipment, | ||||||
5 | software, and services. | ||||||
6 | (e) A county may require, as a condition of any contract | ||||||
7 | for goods and services, that persons awarded a contract with | ||||||
8 | the county and all affiliates of the person collect and remit | ||||||
9 | Illinois Use Tax on all sales of tangible personal property | ||||||
10 | into the State of Illinois in accordance with the provisions | ||||||
11 | of the Illinois Use Tax Act regardless of whether the person or | ||||||
12 | affiliate is a "retailer maintaining a place of business | ||||||
13 | within this State" as defined in Section 2 of the Use Tax Act. | ||||||
14 | For purposes of this subsection (e), the term "affiliate" | ||||||
15 | means any entity that (1) directly, indirectly, or | ||||||
16 | constructively controls another entity, (2) is directly, | ||||||
17 | indirectly, or constructively controlled by another entity, or | ||||||
18 | (3) is subject to the control of a common entity. For purposes | ||||||
19 | of this subsection (e), an entity controls another entity if | ||||||
20 | it owns, directly or individually, more than 10% of the voting | ||||||
21 | securities of that entity. As used in this subsection (e), the | ||||||
22 | term "voting security" means a security that (1) confers upon | ||||||
23 | the holder the right to vote for the election of members of the | ||||||
24 | board of directors or similar governing body of the business | ||||||
25 | or (2) is convertible into, or entitles the holder to receive | ||||||
26 | upon its exercise, a security that confers such a right to |
| |||||||
| |||||||
1 | vote. A general partnership interest is a voting security. | ||||||
2 | (f) Bids submitted to, and contracts executed by, the | ||||||
3 | county may require a certification by the bidder or contractor | ||||||
4 | that the bidder or contractor is not barred from bidding for or | ||||||
5 | entering into a contract under this Section and that the | ||||||
6 | bidder or contractor acknowledges that the county may declare | ||||||
7 | the contract void if the certification completed pursuant to | ||||||
8 | this subsection (f) is false. | ||||||
9 | (Source: P.A. 103-14, eff. 1-1-24; 103-286, eff. 7-28-23; | ||||||
10 | revised 12-12-23.)
| ||||||
11 | (55 ILCS 5/5-1069.3) | ||||||
12 | Sec. 5-1069.3. Required health benefits. If a county, | ||||||
13 | including a home rule county, is a self-insurer for purposes | ||||||
14 | of providing health insurance coverage for its employees, the | ||||||
15 | coverage shall include coverage for the post-mastectomy care | ||||||
16 | benefits required to be covered by a policy of accident and | ||||||
17 | health insurance under Section 356t and the coverage required | ||||||
18 | under Sections 356g, 356g.5, 356g.5-1, 356q, 356u, 356w, 356x, | ||||||
19 | 356z.4, 356z.4a, 356z.6, 356z.8, 356z.9, 356z.10, 356z.11, | ||||||
20 | 356z.12, 356z.13, 356z.14, 356z.15, 356z.22, 356z.25, 356z.26, | ||||||
21 | 356z.29, 356z.30a, 356z.32, 356z.33, 356z.36, 356z.40, | ||||||
22 | 356z.41, 356z.45, 356z.46, 356z.47, 356z.48, 356z.51, 356z.53, | ||||||
23 | 356z.54, 356z.56, 356z.57, 356z.59, 356z.60, and 356z.61, and | ||||||
24 | 356z.62 , 356z.64, 356z.67, 356z.68, and 356z.70 of the | ||||||
25 | Illinois Insurance Code. The coverage shall comply with |
| |||||||
| |||||||
1 | Sections 155.22a, 355b, 356z.19, and 370c of the Illinois | ||||||
2 | Insurance Code. The Department of Insurance shall enforce the | ||||||
3 | requirements of this Section. The requirement that health | ||||||
4 | benefits be covered as provided in this Section is an | ||||||
5 | exclusive power and function of the State and is a denial and | ||||||
6 | limitation under Article VII, Section 6, subsection (h) of the | ||||||
7 | Illinois Constitution. A home rule county to which this | ||||||
8 | Section applies must comply with every provision of this | ||||||
9 | Section. | ||||||
10 | Rulemaking authority to implement Public Act 95-1045, if | ||||||
11 | any, is conditioned on the rules being adopted in accordance | ||||||
12 | with all provisions of the Illinois Administrative Procedure | ||||||
13 | Act and all rules and procedures of the Joint Committee on | ||||||
14 | Administrative Rules; any purported rule not so adopted, for | ||||||
15 | whatever reason, is unauthorized. | ||||||
16 | (Source: P.A. 102-30, eff. 1-1-22; 102-103, eff. 1-1-22; | ||||||
17 | 102-203, eff. 1-1-22; 102-306, eff. 1-1-22; 102-443, eff. | ||||||
18 | 1-1-22; 102-642, eff. 1-1-22; 102-665, eff. 10-8-21; 102-731, | ||||||
19 | eff. 1-1-23; 102-804, eff. 1-1-23; 102-813, eff. 5-13-22; | ||||||
20 | 102-816, eff. 1-1-23; 102-860, eff. 1-1-23; 102-1093, eff. | ||||||
21 | 1-1-23; 102-1117, eff. 1-13-23; 103-84, eff. 1-1-24; 103-91, | ||||||
22 | eff. 1-1-24; 103-420, eff. 1-1-24; 103-445, eff. 1-1-24; | ||||||
23 | 103-535, eff. 8-11-23; 103-551, eff. 8-11-23; revised | ||||||
24 | 8-29-23.)
| ||||||
25 | Section 245. The Illinois Municipal Code is amended by |
| |||||||
| |||||||
1 | changing Sections 8-4-1 and 10-4-2.3 as follows:
| ||||||
2 | (65 ILCS 5/8-4-1) (from Ch. 24, par. 8-4-1) | ||||||
3 | Sec. 8-4-1. No bonds shall be issued by the corporate | ||||||
4 | authorities of any municipality until the question of | ||||||
5 | authorizing such bonds has been submitted to the electors of | ||||||
6 | that municipality provided that notice of the bond referendum, | ||||||
7 | if held before July 1, 1999, has been given in accordance with | ||||||
8 | the provisions of Section 12-5 of the Election Code in effect | ||||||
9 | at the time of the bond referendum, at least 10 and not more | ||||||
10 | than 45 days before the date of the election, notwithstanding | ||||||
11 | the time for publication otherwise imposed by Section 12-5, | ||||||
12 | and approved by a majority of the electors voting upon that | ||||||
13 | question. Notices required in connection with the submission | ||||||
14 | of public questions on or after July 1, 1999 shall be as set | ||||||
15 | forth in Section 12-5 of the Election Code. The clerk shall | ||||||
16 | certify the proposition of the corporate authorities to the | ||||||
17 | proper election authority who shall submit the question at an | ||||||
18 | election in accordance with the general election law, subject | ||||||
19 | to the notice provisions set forth in this Section. | ||||||
20 | Notice of any such election shall contain the amount of | ||||||
21 | the bond issue, purpose for which issued, and maximum rate of | ||||||
22 | interest. | ||||||
23 | In addition to all other authority to issue bonds, the | ||||||
24 | Village of Indian Head Park is authorized to issue bonds for | ||||||
25 | the purpose of paying the costs of making roadway improvements |
| |||||||
| |||||||
1 | in an amount not to exceed the aggregate principal amount of | ||||||
2 | $2,500,000, provided that 60% of the votes cast at the general | ||||||
3 | primary election held on March 18, 2014 are cast in favor of | ||||||
4 | the issuance of the bonds, and the bonds are issued by December | ||||||
5 | 31, 2014. | ||||||
6 | However, without the submission of the question of issuing | ||||||
7 | bonds to the electors, the corporate authorities of any | ||||||
8 | municipality may authorize the issuance of any of the | ||||||
9 | following bonds: | ||||||
10 | (1) Bonds to refund any existing bonded indebtedness; | ||||||
11 | (2) Bonds to fund or refund any existing judgment | ||||||
12 | indebtedness; | ||||||
13 | (3) In any municipality of less than 500,000 | ||||||
14 | population, bonds to anticipate the collection of | ||||||
15 | installments of special assessments and special taxes | ||||||
16 | against property owned by the municipality and to | ||||||
17 | anticipate the collection of the amount apportioned to the | ||||||
18 | municipality as public benefits under Article 9; | ||||||
19 | (4) Bonds issued by any municipality under Sections | ||||||
20 | 8-4-15 through 8-4-23, 11-23-1 through 11-23-12, 11-26-1 | ||||||
21 | through 11-26-6, 11-71-1 through 11-71-10, 11-74.3-1 | ||||||
22 | through 11-74.3-7, 11-74.4-1 through 11-74.4-11, 11-74.5-1 | ||||||
23 | through 11-74.5-15, 11-94-1 through 11-94-7, 11-102-1 | ||||||
24 | through 11-102-10, 11-103-11 through 11-103-15, 11-118-1 | ||||||
25 | through 11-118-6, 11-119-1 through 11-119-5, 11-129-1 | ||||||
26 | through 11-129-7, 11-133-1 through 11-133-4, 11-139-1 |
| |||||||
| |||||||
1 | through 11-139-12, 11-141-1 through 11-141-18 of this | ||||||
2 | Code , or 10-801 through 10-808 of the Illinois Highway | ||||||
3 | Code , as amended ; | ||||||
4 | (5) Bonds issued by the board of education of any | ||||||
5 | school district under the provisions of Sections 34-30 | ||||||
6 | through 34-36 of the The School Code , as amended ; | ||||||
7 | (6) Bonds issued by any municipality under the | ||||||
8 | provisions of Division 6 of this Article 8; and by any | ||||||
9 | municipality under the provisions of Division 7 of this | ||||||
10 | Article 8; or under the provisions of Sections 11-121-4 | ||||||
11 | and 11-121-5; | ||||||
12 | (7) Bonds to pay for the purchase of voting machines | ||||||
13 | by any municipality that has adopted Article 24 of the The | ||||||
14 | Election Code , approved May 11, 1943, as amended ; | ||||||
15 | (8) Bonds issued by any municipality under Sections 15 | ||||||
16 | and 46 of the " Environmental Protection Act ", approved | ||||||
17 | June 29, 1970 ; | ||||||
18 | (9) Bonds issued by the corporate authorities of any | ||||||
19 | municipality under the provisions of Section 8-4-25 of | ||||||
20 | this Article 8; | ||||||
21 | (10) Bonds issued under Section 8-4-26 of this Article | ||||||
22 | 8 by any municipality having a board of election | ||||||
23 | commissioners; | ||||||
24 | (11) Bonds issued under the provisions of the Special | ||||||
25 | Service Area Tax Act (repealed) "An Act to provide the | ||||||
26 | manner of levying or imposing taxes for the provision of |
| |||||||
| |||||||
1 | special services to areas within the boundaries of home | ||||||
2 | rule units and nonhome rule municipalities and counties", | ||||||
3 | approved September 21, 1973 ; | ||||||
4 | (12) Bonds issued under Section 8-5-16 of this Code; | ||||||
5 | (13) Bonds to finance the cost of the acquisition, | ||||||
6 | construction , or improvement of water or wastewater | ||||||
7 | treatment facilities mandated by an enforceable compliance | ||||||
8 | schedule developed in connection with the federal Clean | ||||||
9 | Water Act or a compliance order issued by the United | ||||||
10 | States Environmental Protection Agency or the Illinois | ||||||
11 | Pollution Control Board; provided that such bonds are | ||||||
12 | authorized by an ordinance adopted by a three-fifths | ||||||
13 | majority of the corporate authorities of the municipality | ||||||
14 | issuing the bonds which ordinance shall specify that the | ||||||
15 | construction or improvement of such facilities is | ||||||
16 | necessary to alleviate an emergency condition in such | ||||||
17 | municipality; | ||||||
18 | (14) Bonds issued by any municipality pursuant to | ||||||
19 | Section 11-113.1-1; | ||||||
20 | (15) Bonds issued under Sections 11-74.6-1 through | ||||||
21 | 11-74.6-45, the Industrial Jobs Recovery Law of this Code; | ||||||
22 | (16) Bonds issued under the Innovation Development and | ||||||
23 | Economy Act, except as may be required by Section 35 of | ||||||
24 | that Act. | ||||||
25 | (Source: P.A. 102-587, eff. 1-1-22; revised 9-25-23.)
|
| |||||||
| |||||||
1 | (65 ILCS 5/10-4-2.3) | ||||||
2 | Sec. 10-4-2.3. Required health benefits. If a | ||||||
3 | municipality, including a home rule municipality, is a | ||||||
4 | self-insurer for purposes of providing health insurance | ||||||
5 | coverage for its employees, the coverage shall include | ||||||
6 | coverage for the post-mastectomy care benefits required to be | ||||||
7 | covered by a policy of accident and health insurance under | ||||||
8 | Section 356t and the coverage required under Sections 356g, | ||||||
9 | 356g.5, 356g.5-1, 356q, 356u, 356w, 356x, 356z.4, 356z.4a, | ||||||
10 | 356z.6, 356z.8, 356z.9, 356z.10, 356z.11, 356z.12, 356z.13, | ||||||
11 | 356z.14, 356z.15, 356z.22, 356z.25, 356z.26, 356z.29, | ||||||
12 | 356z.30a, 356z.32, 356z.33, 356z.36, 356z.40, 356z.41, | ||||||
13 | 356z.45, 356z.46, 356z.47, 356z.48, 356z.51, 356z.53, 356z.54, | ||||||
14 | 356z.56, 356z.57, 356z.59, 356z.60, and 356z.61, and 356z.62 , | ||||||
15 | 356z.64, 356z.67, 356z.68, and 356z.70 of the Illinois | ||||||
16 | Insurance Code. The coverage shall comply with Sections | ||||||
17 | 155.22a, 355b, 356z.19, and 370c of the Illinois Insurance | ||||||
18 | Code. The Department of Insurance shall enforce the | ||||||
19 | requirements of this Section. The requirement that health | ||||||
20 | benefits be covered as provided in this is an exclusive power | ||||||
21 | and function of the State and is a denial and limitation under | ||||||
22 | Article VII, Section 6, subsection (h) of the Illinois | ||||||
23 | Constitution. A home rule municipality to which this Section | ||||||
24 | applies must comply with every provision of this Section. | ||||||
25 | Rulemaking authority to implement Public Act 95-1045, if | ||||||
26 | any, is conditioned on the rules being adopted in accordance |
| |||||||
| |||||||
1 | with all provisions of the Illinois Administrative Procedure | ||||||
2 | Act and all rules and procedures of the Joint Committee on | ||||||
3 | Administrative Rules; any purported rule not so adopted, for | ||||||
4 | whatever reason, is unauthorized. | ||||||
5 | (Source: P.A. 102-30, eff. 1-1-22; 102-103, eff. 1-1-22; | ||||||
6 | 102-203, eff. 1-1-22; 102-306, eff. 1-1-22; 102-443, eff. | ||||||
7 | 1-1-22; 102-642, eff. 1-1-22; 102-665, eff. 10-8-21; 102-731, | ||||||
8 | eff. 1-1-23; 102-804, eff. 1-1-23; 102-813, eff. 5-13-22; | ||||||
9 | 102-816, eff. 1-1-23; 102-860, eff. 1-1-23; 102-1093, eff. | ||||||
10 | 1-1-23; 102-1117, eff. 1-13-23; 103-84, eff. 1-1-24; 103-91, | ||||||
11 | eff. 1-1-24; 103-420, eff. 1-1-24; 103-445, eff. 1-1-24; | ||||||
12 | 103-535, eff. 8-11-23; 103-551, eff. 8-11-23; revised | ||||||
13 | 8-29-23.)
| ||||||
14 | Section 250. The Fire Protection District Act is amended | ||||||
15 | by changing Section 20 as follows:
| ||||||
16 | (70 ILCS 705/20) (from Ch. 127 1/2, par. 38.3) | ||||||
17 | Sec. 20. Disconnection by operation of law. | ||||||
18 | (a) Any territory within a fire protection district that | ||||||
19 | is or has been annexed to a municipality that provides fire | ||||||
20 | protection for property within such city, village or | ||||||
21 | incorporated town is, by operation of law, disconnected from | ||||||
22 | the fire protection district as of the January first after | ||||||
23 | such territory is annexed to the municipality as long as the | ||||||
24 | municipality has conducted a response-time study that shows, |
| |||||||
| |||||||
1 | at a minimum, estimated response times from the fire | ||||||
2 | protection district to the territory and estimated response | ||||||
3 | times of the municipal fire department from the territory or | ||||||
4 | in case any such territory has been so annexed prior to the | ||||||
5 | effective date of this amendatory Act of 1965, as of January 1, | ||||||
6 | 1966. | ||||||
7 | (b) The disconnection by operation of law does not occur | ||||||
8 | if, within 60 days after such annexation or after the | ||||||
9 | effective date of this amendatory Act of 1965, whichever is | ||||||
10 | later, the fire protection district files with the appropriate | ||||||
11 | court and with the County Clerk of each county in which the | ||||||
12 | fire protection district is located, a petition alleging that | ||||||
13 | such disconnection will cause the territory remaining in the | ||||||
14 | district to be noncontiguous or that the loss of assessed | ||||||
15 | valuation by reason of such disconnection will impair the | ||||||
16 | ability of the district to render fully adequate fire | ||||||
17 | protection service to the territory remaining with the | ||||||
18 | district. When such a petition is filed, with the court and | ||||||
19 | with the County Clerk of each county in which the fire | ||||||
20 | protection district is located, the court shall set it for | ||||||
21 | hearing, and further proceedings shall be held, as provided in | ||||||
22 | Section 15 of this Act, except that the city, village or | ||||||
23 | incorporated town that annexed the territory shall be a | ||||||
24 | necessary party to the proceedings, and it shall be served | ||||||
25 | with summons in the manner for a party defendant under the | ||||||
26 | Civil Practice Law. At such hearing, the district has the |
| |||||||
| |||||||
1 | burden of proving the truth of the allegations in its | ||||||
2 | petition. | ||||||
3 | (c) If disconnection does not occur, then the city, | ||||||
4 | village or incorporated town in which part of a fire | ||||||
5 | protection district's territory is located, is prohibited from | ||||||
6 | levying the tax provided for by Section 11-7-1 of the | ||||||
7 | " Illinois Municipal Code " in such fire protection district | ||||||
8 | territory for services provided to the residents of such | ||||||
9 | territory by the fire protection district. | ||||||
10 | (d) If there are any general obligation bonds of the fire | ||||||
11 | protection district outstanding and unpaid at the time such | ||||||
12 | territory is disconnected from the fire protection district by | ||||||
13 | operation of this Section, such territory shall remain liable | ||||||
14 | for its proportionate share of such bonded indebtedness and | ||||||
15 | the fire protection district may continue to levy and extend | ||||||
16 | taxes upon the taxable property in such territory for the | ||||||
17 | purpose of amortizing such bonds until such time as sufficient | ||||||
18 | funds to retire such bonds have been collected. | ||||||
19 | (e) On and after January 1, 2000 ( the effective date of | ||||||
20 | Public Act 91-307) this amendatory Act of the 91st General | ||||||
21 | Assembly , when territory is disconnected from a fire | ||||||
22 | protection district under this Section, the annexing | ||||||
23 | municipality shall pay, on or before December 31 of each year | ||||||
24 | for a period of 5 years after the effective date of the | ||||||
25 | disconnection, to the fire protection district from which the | ||||||
26 | territory was disconnected, an amount as follows: |
| |||||||
| |||||||
1 | (1) In the first year after the disconnection, an | ||||||
2 | amount equal to the real estate tax collected on the | ||||||
3 | property in the disconnected territory by the fire | ||||||
4 | protection district in the tax year immediately preceding | ||||||
5 | the year in which the disconnection took effect. | ||||||
6 | (2) In the second year after the disconnection, an | ||||||
7 | amount equal to 80% of the real estate tax collected on the | ||||||
8 | property in the disconnected territory by the fire | ||||||
9 | protection district in the tax year immediately preceding | ||||||
10 | the year in which the disconnection took effect. | ||||||
11 | (3) In the third year after the disconnection, an | ||||||
12 | amount equal to 60% of the real estate tax collected on the | ||||||
13 | property in the disconnected territory by the fire | ||||||
14 | protection district in the tax year immediately preceding | ||||||
15 | the year in which the disconnection took effect. | ||||||
16 | (4) In the fourth year after the disconnection, an | ||||||
17 | amount equal to 40% of the real estate tax collected on the | ||||||
18 | property in the disconnected territory by the fire | ||||||
19 | protection district in the tax year immediately preceding | ||||||
20 | the year in which the disconnection took effect. | ||||||
21 | (5) In the fifth year after the disconnection, an | ||||||
22 | amount equal to 20% of the real estate tax collected on the | ||||||
23 | property in the disconnected territory by the fire | ||||||
24 | protection district in the tax year immediately preceding | ||||||
25 | the year in which the disconnection took effect. | ||||||
26 | This subsection (e) applies to a fire protection district |
| |||||||
| |||||||
1 | only if the corporate authorities of the district do not file a | ||||||
2 | petition against the disconnection under subsection (b). | ||||||
3 | (f) A municipality that does not timely make the payment | ||||||
4 | required in subsection (e) and which refuses to make such | ||||||
5 | payment within 30 days following a written demand by the fire | ||||||
6 | protection district entitled to the payment or which causes a | ||||||
7 | fire protection district to incur an expense in order to | ||||||
8 | collect the amount to which it is entitled under subsection | ||||||
9 | (e) shall, in addition to the amount due under subsection (e), | ||||||
10 | be responsible to reimburse the fire protection district for | ||||||
11 | all costs incurred by the fire protection district in | ||||||
12 | collecting the amount due, including, but not limited to, | ||||||
13 | reasonable legal fees and court costs. | ||||||
14 | (Source: P.A. 102-574, eff. 1-1-22; 102-773, eff. 1-1-23; | ||||||
15 | revised 4-5-23.)
| ||||||
16 | Section 255. The Illinois Waterway Ports Commission Act is | ||||||
17 | amended by changing Section 15 as follows:
| ||||||
18 | (70 ILCS 1816/15) | ||||||
19 | Sec. 15. Powers. | ||||||
20 | (a) The Commission may request funding from any federal, | ||||||
21 | state, municipal, or local government or any other person or | ||||||
22 | organization for purposes of the Commission within the | ||||||
23 | Commission's jurisdiction. The individual port districts | ||||||
24 | within the Commission's jurisdiction retain authority to |
| |||||||
| |||||||
1 | request funding from any federal, state, municipal, or local | ||||||
2 | government or any other person or organization for purposes of | ||||||
3 | the individual port districts within the Commission area. | ||||||
4 | (b) The Commission may enter into a memorandum of | ||||||
5 | understanding or intergovernmental agreement with the State, a | ||||||
6 | unit of local government, or a federal governmental | ||||||
7 | organization in the performance of its duties. The Commission | ||||||
8 | may not exercise control over an a operation of a port district | ||||||
9 | established by any other law except by voluntary agreement | ||||||
10 | between the port district and the Commission. | ||||||
11 | (c) The Commission may perform any other act that may be | ||||||
12 | useful in performing its duties under Section 10 or powers | ||||||
13 | under this Section. | ||||||
14 | (Source: P.A. 103-214, eff. 6-30-23; revised 9-25-23.)
| ||||||
15 | Section 260. The Emergency Services Districts Act is | ||||||
16 | amended by changing Section 11 as follows:
| ||||||
17 | (70 ILCS 2005/11) | ||||||
18 | Sec. 11. Property tax; fees. | ||||||
19 | (a) An emergency services district organized under this | ||||||
20 | Act may levy and collect a general tax on the property situated | ||||||
21 | in the district, but the aggregate amount of taxes levied for | ||||||
22 | any one year shall not exceed the rate of .20% of value, as | ||||||
23 | equalized or assessed by the Department of Revenue. The board | ||||||
24 | of trustees shall determine and certify the amount to be |
| |||||||
| |||||||
1 | levied and shall return the same to the county clerk. The | ||||||
2 | limitation upon the tax rate may be increased or decreased | ||||||
3 | under the referendum provisions of the General Revenue Law of | ||||||
4 | Illinois. | ||||||
5 | In case the district is located in more than one county, | ||||||
6 | the board of trustees shall determine and certify the amount | ||||||
7 | to be levied upon the taxable property lying in each county and | ||||||
8 | return the same to the respective county clerks of the | ||||||
9 | counties in which the amount is to be levied. In order to | ||||||
10 | determine the amount to be levied upon the taxable property of | ||||||
11 | that part of the district lying in each county, the board shall | ||||||
12 | ascertain from the county clerk of the respective counties in | ||||||
13 | which the district lies the last ascertained equalized value | ||||||
14 | of the taxable property of the district lying in their | ||||||
15 | respective counties, then shall ascertain the rate per cent | ||||||
16 | required and shall, accordingly, apportion the whole amount to | ||||||
17 | be raised between the several parts of the district so lying in | ||||||
18 | the different counties. The tax provided for in this Section | ||||||
19 | shall be levied at the same time and in the same manner as | ||||||
20 | nearly as practicable as taxes are now levied for municipal | ||||||
21 | purposes under the laws of this State. | ||||||
22 | All general taxes under this Act, when collected, shall be | ||||||
23 | paid over to the treasurer of the board of trustees, who is | ||||||
24 | authorized to receive and receipt for the same. | ||||||
25 | (b) An emergency services A rescue squad district | ||||||
26 | organized under this Act may fix, charge, and collect fees for |
| |||||||
| |||||||
1 | rescue squad services and ambulance services within or outside | ||||||
2 | of the rescue squad district not exceeding the reasonable cost | ||||||
3 | of the service. | ||||||
4 | (Source: P.A. 103-134, eff. 1-1-24; 103-174, eff. 6-30-23; | ||||||
5 | revised 12-12-23.)
| ||||||
6 | Section 265. The Metropolitan Transit Authority Act is | ||||||
7 | amended by changing Section 51 as follows:
| ||||||
8 | (70 ILCS 3605/51) | ||||||
9 | Sec. 51. Free and reduced fare services; eligibility. | ||||||
10 | (a) Notwithstanding any law to the contrary, no later than | ||||||
11 | 60 days following January 18, 2008 ( the effective date of | ||||||
12 | Public Act 95-708) this amendatory Act of the 95th General | ||||||
13 | Assembly and until subsection (b) is implemented, any fixed | ||||||
14 | route public transportation services provided by, or under | ||||||
15 | grant or purchase of service contracts of, the Board shall be | ||||||
16 | provided without charge to all senior citizens of the | ||||||
17 | Metropolitan Region (as such term is defined in Section 1.03 | ||||||
18 | of the Regional Transportation Authority Act 70 ILCS | ||||||
19 | 3615/1.03 ) aged 65 and older, under such conditions as shall | ||||||
20 | be prescribed by the Board. | ||||||
21 | (b) Notwithstanding any law to the contrary, no later than | ||||||
22 | 180 days following February 14, 2011 ( the effective date of | ||||||
23 | Public Act 96-1527) this amendatory Act of the 96th General | ||||||
24 | Assembly , any fixed route public transportation services |
| |||||||
| |||||||
1 | provided by, or under grant or purchase of service contracts | ||||||
2 | of, the Board shall be provided without charge to senior | ||||||
3 | citizens aged 65 and older who meet the income eligibility | ||||||
4 | limitation set forth in subsection (a-5) of Section 4 of the | ||||||
5 | Senior Citizens and Persons with Disabilities Property Tax | ||||||
6 | Relief Act, under such conditions as shall be prescribed by | ||||||
7 | the Board. The Department on Aging shall furnish all | ||||||
8 | information reasonably necessary to determine eligibility, | ||||||
9 | including updated lists of individuals who are eligible for | ||||||
10 | services without charge under this Section. After an initial | ||||||
11 | eligibility determination is made, an individual's eligibility | ||||||
12 | for free services shall automatically renew every 5 years | ||||||
13 | after receipt by the Authority of a copy of the individual's | ||||||
14 | government-issued identification card validating Illinois | ||||||
15 | residency. Nothing in this Section shall relieve the Board | ||||||
16 | from providing reduced fares as may be required by federal | ||||||
17 | law. | ||||||
18 | (c) The Board shall partner with the City of Chicago to | ||||||
19 | provide transportation at reduced fares for participants in | ||||||
20 | programs that offer employment and internship opportunities to | ||||||
21 | youth and young adults ages 14 through 24. | ||||||
22 | (Source: P.A. 103-241, eff. 1-1-24; 103-281, eff. 1-1-24; | ||||||
23 | revised 12-12-23.)
| ||||||
24 | Section 270. The Illinois Library System Act is amended by | ||||||
25 | changing Section 3 as follows:
|
| |||||||
| |||||||
1 | (75 ILCS 10/3) (from Ch. 81, par. 113) | ||||||
2 | Sec. 3. The State Librarian and the Illinois State Library | ||||||
3 | staff shall administer the provisions of this Act and shall | ||||||
4 | prescribe such rules and regulations as are necessary to carry | ||||||
5 | the provisions of this Act into effect. | ||||||
6 | The rules and regulations established by the State | ||||||
7 | Librarian for the administration of this Act shall be designed | ||||||
8 | to achieve the following standards and objectives: | ||||||
9 | (A) Provide A provide library service for every | ||||||
10 | citizen in the State by extending library facilities to | ||||||
11 | areas not now served. | ||||||
12 | (B) Provide B provide library materials for student | ||||||
13 | needs at every educational level. | ||||||
14 | (C) Provide C provide adequate library materials to | ||||||
15 | satisfy the reference and research needs of the people of | ||||||
16 | this State. | ||||||
17 | (D) Provide D provide an adequate staff of | ||||||
18 | professionally trained librarians for the State. | ||||||
19 | (E) Adopt E adopt the American Library Association's | ||||||
20 | Library Bill of Rights that indicates materials should not | ||||||
21 | be proscribed or removed because of partisan or doctrinal | ||||||
22 | disapproval or, in the alternative, develop a written | ||||||
23 | statement declaring the inherent authority of the library | ||||||
24 | or library system to provide an adequate collection of | ||||||
25 | books and other materials sufficient in size and varied in |
| |||||||
| |||||||
1 | kind and subject matter to satisfy the library needs of | ||||||
2 | the people of this State and prohibit the practice of | ||||||
3 | banning specific books or resources. | ||||||
4 | (F) Provide F provide adequate library outlets and | ||||||
5 | facilities convenient in time and place to serve the | ||||||
6 | people of this State. | ||||||
7 | (G) Encourage G encourage existing and new libraries | ||||||
8 | to develop library systems serving a sufficiently large | ||||||
9 | population to support adequate library service at | ||||||
10 | reasonable cost. | ||||||
11 | (H) Foster H foster the economic and efficient | ||||||
12 | utilization of public funds. | ||||||
13 | (I) Promote I promote the full utilization of local | ||||||
14 | pride, responsibility, initiative , and support of library | ||||||
15 | service and , at the same time , employ State aid as a | ||||||
16 | supplement to local support. | ||||||
17 | The Advisory Committee of the Illinois State Library shall | ||||||
18 | confer with, advise , and make recommendations to the State | ||||||
19 | Librarian regarding any matter under this Act and particularly | ||||||
20 | with reference to the formation of library systems. | ||||||
21 | (Source: P.A. 103-100, eff. 1-1-24; revised 1-2-24.)
| ||||||
22 | Section 275. The School Code is amended by changing | ||||||
23 | Sections 2-3.25d-5, 2-3.25o, 2-3.163, 3-11, 10-17a, 10-20.67, | ||||||
24 | 10-22.3f, 10-22.36, 10-22.39, 14-7.02, 14-8.02, 18-8.15, 19-6, | ||||||
25 | 21B-30, 21B-50, 21B-70, 22-30, 24-2, 24-12, 24A-5, 26A-40, |
| |||||||
| |||||||
1 | 27-23.1, 27A-3, 27A-5, 27A-6, 27A-7, 27A-11.5, and 34-84, by | ||||||
2 | setting forth and renumbering multiple versions of Sections | ||||||
3 | 2-3.196, 10-20.85, and 34-18.82, and by setting forth, | ||||||
4 | renumbering, and changing multiple versions of Section 22-95 | ||||||
5 | as follows:
| ||||||
6 | (105 ILCS 5/2-3.25d-5) | ||||||
7 | Sec. 2-3.25d-5. Targeted, Comprehensive, and Intensive | ||||||
8 | schools. | ||||||
9 | (a) Beginning in 2018, a school designated as | ||||||
10 | "Comprehensive" shall be defined as: | ||||||
11 | (1) a school that is among the lowest performing 5% of | ||||||
12 | schools in this State based on the multi-measures | ||||||
13 | accountability system defined in the State Plan, with | ||||||
14 | respect to the performance of the "all students" group; | ||||||
15 | (2) any high school with a graduation rate of less | ||||||
16 | than 67%; | ||||||
17 | (2.5) any school that has completed a full 4-year | ||||||
18 | cycle of Targeted School Improvement but remains | ||||||
19 | identified for Targeted Support for one or more of the | ||||||
20 | same student groups originally identified for Targeted | ||||||
21 | Support; or | ||||||
22 | (3) (blank). | ||||||
23 | The State Board of Education shall work with districts | ||||||
24 | with one or more schools in Comprehensive School Improvement | ||||||
25 | Status to perform a needs assessment to determine the |
| |||||||
| |||||||
1 | district's core functions that are areas of strength and | ||||||
2 | weakness. The results from the needs assessment shall be used | ||||||
3 | by the district and school to identify goals and objectives | ||||||
4 | for improvement. The needs assessment shall include , at a | ||||||
5 | minimum, a review of the following areas: student performance | ||||||
6 | on State assessments; student performance on local | ||||||
7 | assessments; finances, including resource allocation reviews; | ||||||
8 | governance, including effectiveness of school leadership; | ||||||
9 | student engagement opportunities and access to those | ||||||
10 | opportunities; instructional practices; standards-aligned | ||||||
11 | curriculum; school climate and culture survey results; family | ||||||
12 | and community engagement; reflective stakeholder engagement; | ||||||
13 | continuous school improvement practices; educator and employee | ||||||
14 | quality, including staff continuity and turnover rates; and | ||||||
15 | alignment of professional development to continuous | ||||||
16 | improvement efforts. | ||||||
17 | (b) Beginning in 2018, a school designated as "Targeted" | ||||||
18 | shall be defined as a school in which one or more student | ||||||
19 | groups is performing at or below the level of the "all | ||||||
20 | students" group of schools designated Comprehensive, as | ||||||
21 | defined in paragraph (1) of subsection (a) of this Section. | ||||||
22 | (c) Beginning in 2023, a school designated as "Intensive" | ||||||
23 | shall be defined as a school that has completed a full 4-year | ||||||
24 | cycle of Comprehensive School Improvement but does not meet | ||||||
25 | the criteria to exit that status, as defined in the State Plan | ||||||
26 | referenced in subsection (b) of Section 2-3.25a of this Code, |
| |||||||
| |||||||
1 | at the end of the cycle. | ||||||
2 | (d) All schools in school improvement status, including | ||||||
3 | Comprehensive, Targeted, and Intensive schools, must complete | ||||||
4 | a school-level needs assessment and develop and implement a | ||||||
5 | continuous improvement plan. | ||||||
6 | (Source: P.A. 103-175, eff. 6-30-23; revised 9-22-23.)
| ||||||
7 | (105 ILCS 5/2-3.25o) | ||||||
8 | Sec. 2-3.25o. Registration and recognition of non-public | ||||||
9 | elementary and secondary schools. | ||||||
10 | (a) Findings. The General Assembly finds and declares (i) | ||||||
11 | that the Constitution of the State of Illinois provides that a | ||||||
12 | "fundamental goal of the People of the State is the | ||||||
13 | educational development of all persons to the limits of their | ||||||
14 | capacities" and (ii) that the educational development of every | ||||||
15 | school student serves the public purposes of the State. In | ||||||
16 | order to ensure that all Illinois students and teachers have | ||||||
17 | the opportunity to enroll and work in State-approved | ||||||
18 | educational institutions and programs, the State Board of | ||||||
19 | Education shall provide for the voluntary registration and | ||||||
20 | recognition of non-public elementary and secondary schools. | ||||||
21 | (b) Registration. All non-public elementary and secondary | ||||||
22 | schools in the State of Illinois may voluntarily register with | ||||||
23 | the State Board of Education on an annual basis. Registration | ||||||
24 | shall be completed in conformance with procedures prescribed | ||||||
25 | by the State Board of Education. Information required for |
| |||||||
| |||||||
1 | registration shall include assurances of compliance (i) with | ||||||
2 | federal and State laws regarding health examination and | ||||||
3 | immunization, attendance, length of term, and | ||||||
4 | nondiscrimination, including assurances that the school will | ||||||
5 | not prohibit hairstyles historically associated with race, | ||||||
6 | ethnicity, or hair texture, including, but not limited to, | ||||||
7 | protective hairstyles such as braids, locks, and twists, and | ||||||
8 | (ii) with applicable fire and health safety requirements. | ||||||
9 | (c) Recognition. All non-public elementary and secondary | ||||||
10 | schools in the State of Illinois may voluntarily seek the | ||||||
11 | status of "Non-public School Recognition" from the State Board | ||||||
12 | of Education. This status may be obtained by compliance with | ||||||
13 | administrative guidelines and review procedures as prescribed | ||||||
14 | by the State Board of Education. The guidelines and procedures | ||||||
15 | must recognize that some of the aims and the financial bases of | ||||||
16 | non-public schools are different from public schools and will | ||||||
17 | not be identical to those for public schools, nor will they be | ||||||
18 | more burdensome. The guidelines and procedures must also | ||||||
19 | recognize the diversity of non-public schools and shall not | ||||||
20 | impinge upon the noneducational relationships between those | ||||||
21 | schools and their clientele. | ||||||
22 | (c-5) Prohibition against recognition. A non-public | ||||||
23 | elementary or secondary school may not obtain "Non-public | ||||||
24 | School Recognition" status unless the school requires all | ||||||
25 | certified and non-certified applicants for employment with the | ||||||
26 | school, after July 1, 2007, to authorize a fingerprint-based |
| |||||||
| |||||||
1 | criminal history records check as a condition of employment to | ||||||
2 | determine if such applicants have been convicted of any of the | ||||||
3 | enumerated criminal or drug offenses set forth in Section | ||||||
4 | 21B-80 of this Code or have been convicted, within 7 years of | ||||||
5 | the application for employment, of any other felony under the | ||||||
6 | laws of this State or of any offense committed or attempted in | ||||||
7 | any other state or against the laws of the United States that, | ||||||
8 | if committed or attempted in this State, would have been | ||||||
9 | punishable as a felony under the laws of this State. | ||||||
10 | Authorization for the check shall be furnished by the | ||||||
11 | applicant to the school, except that if the applicant is a | ||||||
12 | substitute teacher seeking employment in more than one | ||||||
13 | non-public school, a teacher seeking concurrent part-time | ||||||
14 | employment positions with more than one non-public school (as | ||||||
15 | a reading specialist, special education teacher, or | ||||||
16 | otherwise), or an educational support personnel employee | ||||||
17 | seeking employment positions with more than one non-public | ||||||
18 | school, then only one of the non-public schools employing the | ||||||
19 | individual shall request the authorization. Upon receipt of | ||||||
20 | this authorization, the non-public school shall submit the | ||||||
21 | applicant's name, sex, race, date of birth, social security | ||||||
22 | number, fingerprint images, and other identifiers, as | ||||||
23 | prescribed by the Illinois State Police, to the Illinois State | ||||||
24 | Police. | ||||||
25 | The Illinois State Police and Federal Bureau of | ||||||
26 | Investigation shall furnish, pursuant to a fingerprint-based |
| |||||||
| |||||||
1 | criminal history records check, records of convictions, | ||||||
2 | forever and hereafter, until expunged, to the president or | ||||||
3 | principal of the non-public school that requested the check. | ||||||
4 | The Illinois State Police shall charge that school a fee for | ||||||
5 | conducting such check, which fee must be deposited into the | ||||||
6 | State Police Services Fund and must not exceed the cost of the | ||||||
7 | inquiry. Subject to appropriations for these purposes, the | ||||||
8 | State Superintendent of Education shall reimburse non-public | ||||||
9 | schools for fees paid to obtain criminal history records | ||||||
10 | checks under this Section. | ||||||
11 | A non-public school may not obtain recognition status | ||||||
12 | unless the school also performs a check of the Statewide Sex | ||||||
13 | Offender Database, as authorized by the Sex Offender Community | ||||||
14 | Notification Law, and the Statewide Murderer and Violent | ||||||
15 | Offender Against Youth Database, as authorized by the Murderer | ||||||
16 | and Violent Offender Against Youth Registration Act, for each | ||||||
17 | applicant for employment, after July 1, 2007, to determine | ||||||
18 | whether the applicant has been adjudicated of a sex offense or | ||||||
19 | of a murder or other violent crime against youth. The checks of | ||||||
20 | the Statewide Sex Offender Database and the Statewide | ||||||
21 | Stateside Murderer and Violent Offender Against Youth Database | ||||||
22 | must be conducted by the non-public school once for every 5 | ||||||
23 | years that an applicant remains employed by the non-public | ||||||
24 | school. . | ||||||
25 | Any information concerning the record of convictions | ||||||
26 | obtained by a non-public school's president or principal under |
| |||||||
| |||||||
1 | this Section is confidential and may be disseminated only to | ||||||
2 | the governing body of the non-public school or any other | ||||||
3 | person necessary to the decision of hiring the applicant for | ||||||
4 | employment. A copy of the record of convictions obtained from | ||||||
5 | the Illinois State Police shall be provided to the applicant | ||||||
6 | for employment. Upon a check of the Statewide Sex Offender | ||||||
7 | Database, the non-public school shall notify the applicant as | ||||||
8 | to whether or not the applicant has been identified in the Sex | ||||||
9 | Offender Database as a sex offender. Any information | ||||||
10 | concerning the records of conviction obtained by the | ||||||
11 | non-public school's president or principal under this Section | ||||||
12 | for a substitute teacher seeking employment in more than one | ||||||
13 | non-public school, a teacher seeking concurrent part-time | ||||||
14 | employment positions with more than one non-public school (as | ||||||
15 | a reading specialist, special education teacher, or | ||||||
16 | otherwise), or an educational support personnel employee | ||||||
17 | seeking employment positions with more than one non-public | ||||||
18 | school may be shared with another non-public school's | ||||||
19 | principal or president to which the applicant seeks | ||||||
20 | employment. Any unauthorized release of confidential | ||||||
21 | information may be a violation of Section 7 of the Criminal | ||||||
22 | Identification Act. | ||||||
23 | No non-public school may obtain recognition status that | ||||||
24 | knowingly employs a person, hired after July 1, 2007, for whom | ||||||
25 | an Illinois State Police and Federal Bureau of Investigation | ||||||
26 | fingerprint-based criminal history records check and a |
| |||||||
| |||||||
1 | Statewide Sex Offender Database check has not been initiated | ||||||
2 | or who has been convicted of any offense enumerated in Section | ||||||
3 | 21B-80 of this Code or any offense committed or attempted in | ||||||
4 | any other state or against the laws of the United States that, | ||||||
5 | if committed or attempted in this State, would have been | ||||||
6 | punishable as one or more of those offenses. No non-public | ||||||
7 | school may obtain recognition status under this Section that | ||||||
8 | knowingly employs a person who has been found to be the | ||||||
9 | perpetrator of sexual or physical abuse of a minor under 18 | ||||||
10 | years of age pursuant to proceedings under Article II of the | ||||||
11 | Juvenile Court Act of 1987. | ||||||
12 | In order to obtain recognition status under this Section, | ||||||
13 | a non-public school must require compliance with the | ||||||
14 | provisions of this subsection (c-5) from all employees of | ||||||
15 | persons or firms holding contracts with the school, including, | ||||||
16 | but not limited to, food service workers, school bus drivers, | ||||||
17 | and other transportation employees, who have direct, daily | ||||||
18 | contact with pupils. Any information concerning the records of | ||||||
19 | conviction or identification as a sex offender of any such | ||||||
20 | employee obtained by the non-public school principal or | ||||||
21 | president must be promptly reported to the school's governing | ||||||
22 | body. | ||||||
23 | Prior to the commencement of any student teaching | ||||||
24 | experience or required internship (which is referred to as | ||||||
25 | student teaching in this Section) in any non-public elementary | ||||||
26 | or secondary school that has obtained or seeks to obtain |
| |||||||
| |||||||
1 | recognition status under this Section, a student teacher is | ||||||
2 | required to authorize a fingerprint-based criminal history | ||||||
3 | records check. Authorization for and payment of the costs of | ||||||
4 | the check must be furnished by the student teacher to the chief | ||||||
5 | administrative officer of the non-public school where the | ||||||
6 | student teaching is to be completed. Upon receipt of this | ||||||
7 | authorization and payment, the chief administrative officer of | ||||||
8 | the non-public school shall submit the student teacher's name, | ||||||
9 | sex, race, date of birth, social security number, fingerprint | ||||||
10 | images, and other identifiers, as prescribed by the Illinois | ||||||
11 | State Police, to the Illinois State Police. The Illinois State | ||||||
12 | Police and the Federal Bureau of Investigation shall furnish, | ||||||
13 | pursuant to a fingerprint-based criminal history records | ||||||
14 | check, records of convictions, forever and hereinafter, until | ||||||
15 | expunged, to the chief administrative officer of the | ||||||
16 | non-public school that requested the check. The Illinois State | ||||||
17 | Police shall charge the school a fee for conducting the check, | ||||||
18 | which fee must be passed on to the student teacher, must not | ||||||
19 | exceed the cost of the inquiry, and must be deposited into the | ||||||
20 | State Police Services Fund. The school shall further perform a | ||||||
21 | check of the Statewide Sex Offender Database, as authorized by | ||||||
22 | the Sex Offender Community Notification Law, and of the | ||||||
23 | Statewide Murderer and Violent Offender Against Youth | ||||||
24 | Database, as authorized by the Murderer and Violent Offender | ||||||
25 | Against Youth Registration Act, for each student teacher. No | ||||||
26 | school that has obtained or seeks to obtain recognition status |
| |||||||
| |||||||
1 | under this Section may knowingly allow a person to student | ||||||
2 | teach for whom a criminal history records check, a Statewide | ||||||
3 | Sex Offender Database check, and a Statewide Murderer and | ||||||
4 | Violent Offender Against Youth Database check have not been | ||||||
5 | completed and reviewed by the chief administrative officer of | ||||||
6 | the non-public school. | ||||||
7 | A copy of the record of convictions obtained from the | ||||||
8 | Illinois State Police must be provided to the student teacher. | ||||||
9 | Any information concerning the record of convictions obtained | ||||||
10 | by the chief administrative officer of the non-public school | ||||||
11 | is confidential and may be transmitted only to the chief | ||||||
12 | administrative officer of the non-public school or his or her | ||||||
13 | designee, the State Superintendent of Education, the State | ||||||
14 | Educator Preparation and Licensure Board, or, for | ||||||
15 | clarification purposes, the Illinois State Police or the | ||||||
16 | Statewide Sex Offender Database or Statewide Murderer and | ||||||
17 | Violent Offender Against Youth Database. Any unauthorized | ||||||
18 | release of confidential information may be a violation of | ||||||
19 | Section 7 of the Criminal Identification Act. | ||||||
20 | No school that has obtained or seeks to obtain recognition | ||||||
21 | status under this Section may knowingly allow a person to | ||||||
22 | student teach who has been convicted of any offense that would | ||||||
23 | subject him or her to license suspension or revocation | ||||||
24 | pursuant to Section 21B-80 of this Code or who has been found | ||||||
25 | to be the perpetrator of sexual or physical abuse of a minor | ||||||
26 | under 18 years of age pursuant to proceedings under Article II |
| |||||||
| |||||||
1 | of the Juvenile Court Act of 1987. | ||||||
2 | Any school that has obtained or seeks to obtain | ||||||
3 | recognition status under this Section may not prohibit | ||||||
4 | hairstyles historically associated with race, ethnicity, or | ||||||
5 | hair texture, including, but not limited to, protective | ||||||
6 | hairstyles such as braids, locks, and twists. | ||||||
7 | (d) Public purposes. The provisions of this Section are in | ||||||
8 | the public interest, for the public benefit, and serve secular | ||||||
9 | public purposes. | ||||||
10 | (e) Definition. For purposes of this Section, a non-public | ||||||
11 | school means any non-profit, non-home-based, and non-public | ||||||
12 | elementary or secondary school that is in compliance with | ||||||
13 | Title VI of the Civil Rights Act of 1964 and attendance at | ||||||
14 | which satisfies the requirements of Section 26-1 of this Code. | ||||||
15 | (Source: P.A. 102-360, eff. 1-1-22; 102-538, eff. 8-20-21; | ||||||
16 | 102-813, eff. 5-13-22; 103-111, eff. 6-29-23; revised | ||||||
17 | 9-20-23.)
| ||||||
18 | (105 ILCS 5/2-3.163) | ||||||
19 | Sec. 2-3.163. PUNS database information for students and | ||||||
20 | parents or guardians. | ||||||
21 | (a) The General Assembly makes all of the following | ||||||
22 | findings: | ||||||
23 | (1) Pursuant to Section 10-26 of the Department of | ||||||
24 | Human Services Act, the Department of Human Services | ||||||
25 | maintains a statewide database known as the PUNS database |
| |||||||
| |||||||
1 | that records information about individuals with | ||||||
2 | intellectual disabilities or developmental disabilities | ||||||
3 | who are potentially in need of services. | ||||||
4 | (2) The Department of Human Services uses the data on | ||||||
5 | PUNS to select individuals for services as funding becomes | ||||||
6 | available, to develop proposals and materials for | ||||||
7 | budgeting, and to plan for future needs. | ||||||
8 | (3) The PUNS database is available for adults with | ||||||
9 | intellectual disabilities or developmental disabilities | ||||||
10 | who have unmet service needs anticipated in the next 5 | ||||||
11 | years. The PUNS database is also available for children | ||||||
12 | with intellectual disabilities or developmental | ||||||
13 | disabilities with unmet service needs. | ||||||
14 | (4) Registration to be included on the PUNS database | ||||||
15 | is the first step toward receiving developmental | ||||||
16 | disabilities services in this State. A child or an adult | ||||||
17 | who is not on the PUNS database will not be in queue for | ||||||
18 | State developmental disabilities services. | ||||||
19 | (5) Lack of awareness and information about the PUNS | ||||||
20 | database results in underutilization or delays in | ||||||
21 | registration for the PUNS database by students with | ||||||
22 | intellectual disabilities or developmental disabilities | ||||||
23 | and their parents or guardians. | ||||||
24 | (a-5) The purpose of this Section is to ensure that each | ||||||
25 | student with an intellectual disability or a developmental | ||||||
26 | disability who has an individualized education program ("IEP") |
| |||||||
| |||||||
1 | and the student's parents or guardian are informed about the | ||||||
2 | PUNS database, where to register for the PUNS database, and | ||||||
3 | whom they can contact for information about the PUNS database | ||||||
4 | and the PUNS database registration process. This Section is | ||||||
5 | not intended to change the PUNS database registration process | ||||||
6 | established by the Department of Human Services or to impose | ||||||
7 | any responsibility on the State Board of Education or a school | ||||||
8 | district to register students for the PUNS database. | ||||||
9 | (a-10) As used in this Section, "PUNS" means the | ||||||
10 | Prioritization of Urgency of Need for Services database or | ||||||
11 | PUNS database developed and maintained by the Department of | ||||||
12 | Human Services pursuant to Section 10-26 of the Department of | ||||||
13 | Human Services Act. | ||||||
14 | (b) The State Board of Education may work in consultation | ||||||
15 | with the Department of Human Services and with school | ||||||
16 | districts to ensure that all students with intellectual | ||||||
17 | disabilities or developmental disabilities and their parents | ||||||
18 | or guardians are informed about the PUNS database, as | ||||||
19 | described in subsections (c), (c-5), and (d) of this Section. | ||||||
20 | (c) The Department of Human Services, in consultation with | ||||||
21 | the State Board of Education, shall develop and implement an | ||||||
22 | online, computer-based training program for at least one | ||||||
23 | designated employee in every public school in this State to | ||||||
24 | educate the designated employee or employees about the PUNS | ||||||
25 | database and steps required to register students for the PUNS | ||||||
26 | database, including the documentation and information parents |
| |||||||
| |||||||
1 | or guardians will need for the registration process. The | ||||||
2 | training shall include instruction on identifying and | ||||||
3 | contacting the appropriate developmental disabilities | ||||||
4 | Independent Service Coordination agency ("ISC") to register | ||||||
5 | students for the PUNS database. The training of the designated | ||||||
6 | employee or employees shall also include information about | ||||||
7 | organizations and programs available in this State that offer | ||||||
8 | assistance to families in understanding the PUNS database and | ||||||
9 | navigating the PUNS database registration process. Each school | ||||||
10 | district shall post on its public website and include in its | ||||||
11 | student handbook the names of the designated trained employee | ||||||
12 | or employees in each school within the school district. | ||||||
13 | (c-5) During the student's annual IEP review meeting, if | ||||||
14 | the student has an intellectual disability or a developmental | ||||||
15 | disability, the student's IEP team shall determine the | ||||||
16 | student's PUNS database registration status based upon | ||||||
17 | information provided by the student's parents or guardian or | ||||||
18 | by the student. If it is determined that the student is not | ||||||
19 | registered for the PUNS database or if it is unclear whether | ||||||
20 | the student is registered for the PUNS database, the parents | ||||||
21 | or guardian and the student shall be referred to a designated | ||||||
22 | employee of the public school who has completed the training | ||||||
23 | described in subsection (c). The designated trained employee | ||||||
24 | shall provide the student's parents or guardian and the | ||||||
25 | student with the name, location, and contact information of | ||||||
26 | the appropriate ISC to contact in order to register the |
| |||||||
| |||||||
1 | student for the PUNS database. The designated trained employee | ||||||
2 | shall also identify for the parents or guardian and the | ||||||
3 | student the information and documentation they will need to | ||||||
4 | complete the PUNS database registration process with the ISC, | ||||||
5 | and shall also provide information to the parents or guardian | ||||||
6 | and the student about organizations and programs available in | ||||||
7 | this State that offer information to families about the PUNS | ||||||
8 | database and the PUNS database registration process. | ||||||
9 | (d) The State Board of Education, in consultation with the | ||||||
10 | Department of Human Services, through school districts, shall | ||||||
11 | provide to the parents and guardians of each student with an | ||||||
12 | IEP a copy of the latest version of the Department of Human | ||||||
13 | Services's guide titled "Understanding PUNS: A Guide to | ||||||
14 | Prioritization for Urgency of Need for Services" each year at | ||||||
15 | the annual review meeting for the student's individualized | ||||||
16 | education program. | ||||||
17 | (e) (Blank). | ||||||
18 | (f) Subject to appropriation, the Department of Human | ||||||
19 | Services shall expand its selection of individuals from the | ||||||
20 | PUNS Prioritization of Urgency of Need for Services database | ||||||
21 | to include individuals who receive services through the | ||||||
22 | Children and Young Adults with Developmental Disabilities - | ||||||
23 | Support Waiver. | ||||||
24 | (Source: P.A. 102-57, eff. 7-9-21; 103-504, eff. 1-1-24; | ||||||
25 | 103-546, eff. 8-11-23; revised 9-28-23.)
|
| |||||||
| |||||||
1 | (105 ILCS 5/2-3.196) | ||||||
2 | (This Section may contain text from a Public Act with a | ||||||
3 | delayed effective date ) | ||||||
4 | (Section scheduled to be repealed on July 1, 2029) | ||||||
5 | Sec. 2-3.196. Discrimination, harassment, and retaliation | ||||||
6 | reporting. | ||||||
7 | (a) The requirements of this Section are subject to | ||||||
8 | appropriation. | ||||||
9 | (b) The State Board of Education shall build data | ||||||
10 | collection systems to allow the collection of data on reported | ||||||
11 | allegations of the conduct described in paragraph (1). | ||||||
12 | Beginning on August 1 of the year after the systems are | ||||||
13 | implemented and for each reporting school year beginning on | ||||||
14 | August 1 and ending on July 31 thereafter, each school | ||||||
15 | district, charter school, and nonpublic, nonsectarian | ||||||
16 | elementary or secondary school shall disclose to the State | ||||||
17 | Board of Education all of the following information: | ||||||
18 | (1) The total number of reported allegations of | ||||||
19 | discrimination, harassment, or retaliation against | ||||||
20 | students received by each school district, charter school, | ||||||
21 | or nonpublic, nonsectarian elementary or secondary school | ||||||
22 | during the reporting school year, defined as August 1 to | ||||||
23 | July 31, in each of the following categories: | ||||||
24 | (A) sexual harassment; | ||||||
25 | (B) discrimination or harassment on the basis of | ||||||
26 | race, color, or national origin; |
| |||||||
| |||||||
1 | (C) discrimination or harassment on the basis of | ||||||
2 | sex; | ||||||
3 | (D) discrimination or harassment on the basis of | ||||||
4 | religion; | ||||||
5 | (E) discrimination or harassment on the basis of | ||||||
6 | disability; and | ||||||
7 | (F) retaliation. | ||||||
8 | (2) The status of allegations, as of the last day of | ||||||
9 | the reporting period, in each category under paragraph | ||||||
10 | (1). | ||||||
11 | Allegations shall be reported as unfounded, founded, | ||||||
12 | or investigation pending by the school district, charter | ||||||
13 | school, or nonpublic, nonsectarian elementary or secondary | ||||||
14 | school. | ||||||
15 | (c) A school district, charter school, or nonpublic, | ||||||
16 | nonsectarian elementary or secondary school may not include in | ||||||
17 | any disclosures required under this Section any information by | ||||||
18 | which an individual may be personally identified, including | ||||||
19 | the name of the victim or victims or those accused of an act of | ||||||
20 | alleged discrimination, harassment, or retaliation. | ||||||
21 | (d) If a school district, charter school, or nonpublic, | ||||||
22 | nonsectarian elementary or secondary school fails to disclose | ||||||
23 | the information required in subsection (b) of this Section by | ||||||
24 | July 31 of the reporting school year, the State Board of | ||||||
25 | Education shall provide a written request for disclosure to | ||||||
26 | the school district, charter school, or nonpublic, |
| |||||||
| |||||||
1 | nonsectarian elementary or secondary school, thereby providing | ||||||
2 | the period of time in which the required information must be | ||||||
3 | disclosed. If a school district, charter school, or nonpublic, | ||||||
4 | nonsectarian elementary or secondary school fails to disclose | ||||||
5 | the information within 14 days after receipt of that written | ||||||
6 | request, the State Board of Education may petition the | ||||||
7 | Department of Human Rights to initiate a charge of a civil | ||||||
8 | rights violation pursuant to Section 5A-102 of the Illinois | ||||||
9 | Human Rights Act. | ||||||
10 | (e) The State Board of Education shall publish an annual | ||||||
11 | report aggregating the information reported by school | ||||||
12 | districts, charter schools, and nonpublic, nonsectarian | ||||||
13 | elementary or secondary schools under subsection (b) of this | ||||||
14 | Section. Data included in the report shall not be publicly | ||||||
15 | attributed to any individual school district, charter school, | ||||||
16 | or nonpublic, nonsectarian elementary or secondary school. The | ||||||
17 | report shall include the number of incidents reported between | ||||||
18 | August 1 and July 31 of the preceding reporting school year, | ||||||
19 | based on each of the categories identified under paragraph (1) | ||||||
20 | of this subsection (b). | ||||||
21 | The annual report shall be filed with the Department of | ||||||
22 | Human Rights and the General Assembly and made available to | ||||||
23 | the public by July 1 of the year following the reporting school | ||||||
24 | year. Data submitted by a school district, charter school, or | ||||||
25 | nonpublic, nonsectarian elementary or secondary school to | ||||||
26 | comply with this Section is confidential and exempt from the |
| |||||||
| |||||||
1 | Freedom of Information Act. | ||||||
2 | (f) The State Board of Education may adopt any rules | ||||||
3 | deemed necessary for implementation of this Section. | ||||||
4 | (g) This Section is repealed on July 1, 2029. | ||||||
5 | (Source: P.A. 103-472, eff. 8-1-24.)
| ||||||
6 | (105 ILCS 5/2-3.198) | ||||||
7 | Sec. 2-3.198 2-3.196 . Teacher Vacancy Grant Pilot Program. | ||||||
8 | (a) Subject to appropriation, beginning in Fiscal Year | ||||||
9 | 2024, the State Board of Education shall administer a 3-year | ||||||
10 | Teacher Vacancy Grant Pilot Program for the allocation of | ||||||
11 | formula grant funds to school districts to support the | ||||||
12 | reduction of unfilled teaching positions throughout the State. | ||||||
13 | The State Board shall identify which districts are eligible to | ||||||
14 | apply for a 3-year grant under this Section by reviewing the | ||||||
15 | State Board's Fiscal Year 2023 annual unfilled teaching | ||||||
16 | positions report to determine which districts designated as | ||||||
17 | Tier 1, Tier 2, and Tier 3 under Section 18-8.15 have the | ||||||
18 | greatest need for funds. Based on the National Center for | ||||||
19 | Education Statistics locale classifications, 60% of eligible | ||||||
20 | districts shall be rural districts and 40% of eligible | ||||||
21 | districts shall be urban districts. Continued funding for the | ||||||
22 | grant in Fiscal Year 2025 and Fiscal Year 2026 is subject to | ||||||
23 | appropriation. The State Board shall post, on its website, | ||||||
24 | information about the grant program and the list of identified | ||||||
25 | districts that are eligible to apply for a grant under this |
| |||||||
| |||||||
1 | subsection. | ||||||
2 | (b) A school district that is determined to be eligible | ||||||
3 | for a grant under subsection (a) and that chooses to | ||||||
4 | participate in the program must submit an application to the | ||||||
5 | State Board that describes the relevant context for the need | ||||||
6 | for teacher vacancy support, suspected causes of teacher | ||||||
7 | vacancies in the district, and the district's plan in | ||||||
8 | utilizing grant funds to reduce unfilled teaching positions | ||||||
9 | throughout the district. If an eligible school district | ||||||
10 | chooses not to participate in the program, the State Board | ||||||
11 | shall identify a potential replacement district by using the | ||||||
12 | same methodology described in subsection (a). | ||||||
13 | (c) Grant funds awarded under this Section may be used for | ||||||
14 | financial incentives to support the recruitment and hiring of | ||||||
15 | teachers, programs and incentives to strengthen teacher | ||||||
16 | pipelines, or investments to sustain teachers and reduce | ||||||
17 | attrition among teachers. Grant funds shall be used only for | ||||||
18 | the purposes outlined in the district's application to the | ||||||
19 | State Board to reduce unfilled teaching positions. Grant funds | ||||||
20 | shall not be used for any purposes not approved by the State | ||||||
21 | Board. | ||||||
22 | (d) A school district that receives grant funds under this | ||||||
23 | Section shall submit an annual report to the State Board that | ||||||
24 | includes, but is not limited to, a summary of all grant-funded | ||||||
25 | activities implemented to reduce unfilled teaching positions, | ||||||
26 | progress towards reducing unfilled teaching positions, the |
| |||||||
| |||||||
1 | number of unfilled teaching positions in the district in the | ||||||
2 | preceding fiscal year, the number of new teachers hired during | ||||||
3 | the program, the teacher attrition rate, the number of | ||||||
4 | individuals participating in any programs designed to reduce | ||||||
5 | attrition, the number of teachers retained using support of | ||||||
6 | the grant funds, participation in any strategic pathway | ||||||
7 | programs created under the program, and the number of and | ||||||
8 | participation in any new pathways into teaching positions | ||||||
9 | created under the program. | ||||||
10 | (e) No later than March 1, 2027, the State Board shall | ||||||
11 | submit a report to the Governor and the General Assembly on the | ||||||
12 | efficacy of the pilot program that includes a summary of the | ||||||
13 | information received under subsection (d) and an overview of | ||||||
14 | its activities to support grantees. | ||||||
15 | (Source: P.A. 103-8, eff. 6-7-23; revised 9-25-23.)
| ||||||
16 | (105 ILCS 5/2-3.199) | ||||||
17 | Sec. 2-3.199 2-3.196 . Computer Science Equity Grant | ||||||
18 | Program. | ||||||
19 | (a) Subject to appropriation, the State Board shall | ||||||
20 | establish a competitive grant program to support the | ||||||
21 | development or enhancement of computer science programs in the | ||||||
22 | K-12 schools. Eligible entities are regional offices of | ||||||
23 | education, intermediate service centers, State higher | ||||||
24 | education institutions, schools designated as laboratory | ||||||
25 | schools, and school districts. Approved entities shall be |
| |||||||
| |||||||
1 | responsible for ensuring that appropriate facilities are | ||||||
2 | available and educators are appropriately trained on the use | ||||||
3 | of any technologies or devices acquired for the purposes of | ||||||
4 | the grant. | ||||||
5 | (b) Computer Science Equity Grant Program funds shall be | ||||||
6 | used in the following manner consistent with application | ||||||
7 | requirements established by the State Board of Education as | ||||||
8 | provided in this Article: | ||||||
9 | (1) to expand learning opportunities in grades K-12 to | ||||||
10 | ensure that all students have access to computer science | ||||||
11 | coursework that is aligned to rigorous State standards and | ||||||
12 | emerging labor market needs; | ||||||
13 | (2) to train and retrain teachers of grades K-12 to be | ||||||
14 | more proficient in the teaching of computer science by | ||||||
15 | providing professional development opportunities; | ||||||
16 | (3) to supply classrooms with materials and equipment | ||||||
17 | related to the teaching and learning of computer science; | ||||||
18 | and | ||||||
19 | (4) to more effectively recruit and better serve K-12 | ||||||
20 | learners who are underrepresented in the computer science | ||||||
21 | labor market for enrollment in computer science | ||||||
22 | coursework. | ||||||
23 | (c) Computer Science Equity Grant Program funds shall be | ||||||
24 | made available to each eligible entity upon completion of an | ||||||
25 | application process that is consistent with rules established | ||||||
26 | by the State Board of Education. The application shall include |
| |||||||
| |||||||
1 | the planned use of the funds; identification of need for the | ||||||
2 | funds that is supported by local, regional, and state data; a | ||||||
3 | plan for long-term sustainability; and a long-term plan for | ||||||
4 | continuous improvement. | ||||||
5 | (d) The State Board of Education shall adopt rules as may | ||||||
6 | be necessary to implement the provision of this Article, | ||||||
7 | including, but not limited to, the identification of | ||||||
8 | additional prioritization areas for each competitive grant | ||||||
9 | application cycle that are within the scope of the authorized | ||||||
10 | uses. Priority consideration for all applications will be | ||||||
11 | given for proposals that intend to serve a majority of | ||||||
12 | learners or teachers with gender or racial/ethnic identities | ||||||
13 | that are underrepresented in the computer science labor | ||||||
14 | market. | ||||||
15 | (e) Up to 2 renewals of the grant will be allowed, | ||||||
16 | providing the entity awarded satisfactorily completes | ||||||
17 | programmatic reporting and meets program objectives | ||||||
18 | commensurate with application requirements set forth by the | ||||||
19 | State Board of Education. | ||||||
20 | (f) Grants under the Computer Science Equity Grant Program | ||||||
21 | and funding levels for satisfactory applications may be | ||||||
22 | prorated according to the amount appropriated. | ||||||
23 | (Source: P.A. 103-264, eff. 1-1-24; revised 9-25-23.)
| ||||||
24 | (105 ILCS 5/2-3.200) | ||||||
25 | Sec. 2-3.200 2-3.196 . State Board of Education literacy |
| |||||||
| |||||||
1 | assistance. | ||||||
2 | (a) The State Board of Education shall adopt and make | ||||||
3 | available all of the following to each publicly funded school | ||||||
4 | district by July 1, 2024: | ||||||
5 | (1) A rubric by which districts may evaluate curricula | ||||||
6 | and select and implement evidence-based, culturally | ||||||
7 | inclusive core reading instruction programs aligned with | ||||||
8 | the comprehensive literacy plan for the State described in | ||||||
9 | subsection (c). | ||||||
10 | (2) A template to support districts when developing | ||||||
11 | comprehensive, district-wide literacy plans that include | ||||||
12 | support for special student populations, including, at a | ||||||
13 | minimum, students with disabilities, multilingual | ||||||
14 | students, and bidialectal students. | ||||||
15 | (3) Guidance on evidence-based practices for effective | ||||||
16 | structures for training and deploying literacy coaches to | ||||||
17 | support teachers and close opportunity gaps among student | ||||||
18 | demographic groups. | ||||||
19 | (b) On or before January 1, 2025, the State Board of | ||||||
20 | Education shall develop and make available training | ||||||
21 | opportunities for educators in teaching reading that are | ||||||
22 | aligned with the comprehensive literacy plan described in | ||||||
23 | subsection (c) and consistent with State learning standards. | ||||||
24 | This support may include: | ||||||
25 | (1) the development of a microcredential or a series | ||||||
26 | of microcredentials in literacy instruction aligned with |
| |||||||
| |||||||
1 | the comprehensive literacy plan described in subsection | ||||||
2 | (c) to be affixed to educator licenses upon successful | ||||||
3 | demonstration of the skill or completion of the required | ||||||
4 | coursework or assessment, or both, or online training | ||||||
5 | modules on literacy instruction, aligned with the | ||||||
6 | comprehensive literacy plan described in subsection (c) | ||||||
7 | and consistent with State learning standards, accepted for | ||||||
8 | continuing professional development units; and | ||||||
9 | (2) the creation and dissemination of a tool that | ||||||
10 | school districts, educators, and the public may use to | ||||||
11 | evaluate professional development and training programs | ||||||
12 | related to literacy instruction. | ||||||
13 | (c) In consultation with education stakeholders, the State | ||||||
14 | Board of Education shall develop and adopt a comprehensive | ||||||
15 | literacy plan for the State on or before January 31, 2024. The | ||||||
16 | comprehensive literacy plan shall consider, without | ||||||
17 | limitation, evidence-based research and culturally and | ||||||
18 | linguistically sustaining pedagogical approaches to meet the | ||||||
19 | needs of all students and shall, at a minimum, do all of the | ||||||
20 | following: | ||||||
21 | (1) Consider core instructional literacy practices and | ||||||
22 | practices related to the unique needs of and support for | ||||||
23 | specific student populations, including, at a minimum, | ||||||
24 | students with disabilities, multilingual students, and | ||||||
25 | bidialectal students, and the resources and support, | ||||||
26 | including professional learning for teachers, needed to |
| |||||||
| |||||||
1 | effectively implement the literacy instruction. | ||||||
2 | (2) Provide guidance related to screening tools, the | ||||||
3 | administration of such screening tools, and the | ||||||
4 | interpretation of the resulting data to identify students | ||||||
5 | at risk of reading difficulties in grades kindergarten | ||||||
6 | through 2. This guidance shall outline instances in which | ||||||
7 | dyslexia screenings and other universal screeners are | ||||||
8 | appropriate for use with English learners. | ||||||
9 | (3) Provide guidance related to early literacy | ||||||
10 | intervention for students in grades kindergarten through 2 | ||||||
11 | for schools to implement with students at risk of reading | ||||||
12 | difficulties, as well as literacy intervention for | ||||||
13 | students in grades 3 through 12 demonstrating reading | ||||||
14 | difficulties. | ||||||
15 | (4) Consider the impact of second language acquisition | ||||||
16 | and bilingual education on reading instruction in the | ||||||
17 | student's native language and English. | ||||||
18 | (5) Define key terminology, such as "evidence-based". | ||||||
19 | (6) Contextualize the interaction between elements of | ||||||
20 | the plan and existing laws and regulations that have | ||||||
21 | overlapping components, such as a multi-tiered system of | ||||||
22 | support. | ||||||
23 | (7) Focus on a comprehensive range of elements of | ||||||
24 | literacy, including phonological awareness; decoding | ||||||
25 | (phonics); encoding (spelling); vocabulary development, | ||||||
26 | including morphology, oracy, and reading fluency; and |
| |||||||
| |||||||
1 | reading comprehension, including syntax and background and | ||||||
2 | content knowledge. | ||||||
3 | (Source: P.A. 103-402, eff. 7-28-23; revised 9-25-23.)
| ||||||
4 | (105 ILCS 5/2-3.201) | ||||||
5 | Sec. 2-3.201 2-3.196 . Children's Adversity Index. The | ||||||
6 | Illinois State Board of Education shall develop a community or | ||||||
7 | district-level Children's Adversity Index ("index") to measure | ||||||
8 | community childhood trauma exposure across the population of | ||||||
9 | children 3 through 18 years of age by May 31, 2025. This | ||||||
10 | cross-agency effort shall be led by the State Board of | ||||||
11 | Education and must include agencies that both collect the data | ||||||
12 | and will have an ultimate use for the index information, | ||||||
13 | including, but not limited to, the Governor's Office of Early | ||||||
14 | Childhood Development, the Department of Human Services, the | ||||||
15 | Department of Public Health, the Department of Innovation and | ||||||
16 | Technology, the Illinois Criminal Justice Information | ||||||
17 | Authority, the Department of Children and Family Services, and | ||||||
18 | the Department of Juvenile Justice. The State Board of | ||||||
19 | Education may also involve non-agency personnel with relevant | ||||||
20 | expertise. The index shall be informed by research and include | ||||||
21 | both adverse incident data, such as the number or rates of | ||||||
22 | students and families experiencing homelessness and the number | ||||||
23 | or percentages of children who have had contact with the child | ||||||
24 | welfare system, and indicators of aspects of a child's | ||||||
25 | environment that can undermine the child's sense of safety, |
| |||||||
| |||||||
1 | stability, and bonding, including growing up in a household | ||||||
2 | with caregivers struggling with substance disorders or | ||||||
3 | instability due to parent or guardian separation or | ||||||
4 | incarceration of a parent or guardian, sibling, or other | ||||||
5 | member of the household, or exposure to community violence. | ||||||
6 | The index shall provide information that allows for measuring | ||||||
7 | progress, comparing school districts to the State average, and | ||||||
8 | that enables the index to be updated at least every 2 years. | ||||||
9 | The data shall be made publicly available. The initial | ||||||
10 | development of the index should leverage available data. | ||||||
11 | Personally identifiable information of any individual shall | ||||||
12 | not be revealed within this index. | ||||||
13 | (Source: P.A. 103-413, eff. 1-1-24; revised 9-25-23.)
| ||||||
14 | (105 ILCS 5/2-3.202) | ||||||
15 | Sec. 2-3.202 2-3.196 . Clothing resource materials. By no | ||||||
16 | later than July 1, 2024, the State Board of Education shall | ||||||
17 | make available to schools resource materials developed in | ||||||
18 | consultation with stakeholders regarding a student wearing or | ||||||
19 | accessorizing the student's graduation attire with general | ||||||
20 | items that may be used by the student to associate with, | ||||||
21 | identify, or declare the student's cultural, ethnic, or | ||||||
22 | religious identity or any other protected characteristic or | ||||||
23 | category identified in subsection (Q) of Section 1-103 of the | ||||||
24 | Illinois Human Rights Act. The State Board of Education shall | ||||||
25 | make the resource materials available on its Internet website. |
| |||||||
| |||||||
1 | (Source: P.A. 103-463, eff. 8-4-23; revised 9-25-23.)
| ||||||
2 | (105 ILCS 5/2-3.203) | ||||||
3 | Sec. 2-3.203 2-3.196 . Mental health screenings. On or | ||||||
4 | before December 15, 2023, the State Board of Education, in | ||||||
5 | consultation with the Children's Behavioral Health | ||||||
6 | Transformation Officer, Children's Behavioral Health | ||||||
7 | Transformation Team, and the Office of the Governor, shall | ||||||
8 | file a report with the Governor and the General Assembly that | ||||||
9 | includes recommendations for implementation of mental health | ||||||
10 | screenings in schools for students enrolled in kindergarten | ||||||
11 | through grade 12. This report must include a landscape scan of | ||||||
12 | current district-wide screenings, recommendations for | ||||||
13 | screening tools, training for staff, and linkage and referral | ||||||
14 | for identified students. | ||||||
15 | (Source: P.A. 103-546, eff. 8-11-23; revised 9-25-23.)
| ||||||
16 | (105 ILCS 5/3-11) | ||||||
17 | (Text of Section before amendment by P.A. 103-542 ) | ||||||
18 | Sec. 3-11. Institutes or inservice training workshops. | ||||||
19 | (a) In counties of less than 2,000,000 inhabitants, the | ||||||
20 | regional superintendent may arrange for or conduct district, | ||||||
21 | regional, or county institutes, or equivalent professional | ||||||
22 | educational experiences, not more than 4 days annually. Of | ||||||
23 | those 4 days, 2 days may be used as a teacher's and educational | ||||||
24 | support personnel workshop, when approved by the regional |
| |||||||
| |||||||
1 | superintendent, up to 2 days may be used for conducting | ||||||
2 | parent-teacher conferences, or up to 2 days may be utilized as | ||||||
3 | parental institute days as provided in Section 10-22.18d. | ||||||
4 | Educational support personnel may be exempt from a workshop if | ||||||
5 | the workshop is not relevant to the work they do. A school | ||||||
6 | district may use one of its 4 institute days on the last day of | ||||||
7 | the school term. "Institute" or "Professional educational | ||||||
8 | experiences" means any educational gathering, demonstration of | ||||||
9 | methods of instruction, visitation of schools or other | ||||||
10 | institutions or facilities, sexual abuse and sexual assault | ||||||
11 | awareness seminar, or training in First Aid (which may include | ||||||
12 | cardiopulmonary resuscitation or defibrillator training) held | ||||||
13 | or approved by the regional superintendent and declared by the | ||||||
14 | regional superintendent him to be an institute day, or | ||||||
15 | parent-teacher conferences. With the concurrence of the State | ||||||
16 | Superintendent of Education, he or she may employ such | ||||||
17 | assistance as is necessary to conduct the institute. Two or | ||||||
18 | more adjoining counties may jointly hold an institute. | ||||||
19 | Institute instruction shall be free to holders of licenses | ||||||
20 | good in the county or counties holding the institute and to | ||||||
21 | those who have paid an examination fee and failed to receive a | ||||||
22 | license. | ||||||
23 | In counties of 2,000,000 or more inhabitants, the regional | ||||||
24 | superintendent may arrange for or conduct district, regional, | ||||||
25 | or county inservice training workshops, or equivalent | ||||||
26 | professional educational experiences, not more than 4 days |
| |||||||
| |||||||
1 | annually. Of those 4 days, 2 days may be used as a teacher's | ||||||
2 | and educational support personnel workshop, when approved by | ||||||
3 | the regional superintendent, up to 2 days may be used for | ||||||
4 | conducting parent-teacher conferences, or up to 2 days may be | ||||||
5 | utilized as parental institute days as provided in Section | ||||||
6 | 10-22.18d. Educational support personnel may be exempt from a | ||||||
7 | workshop if the workshop is not relevant to the work they do. A | ||||||
8 | school district may use one of those 4 days on the last day of | ||||||
9 | the school term. "Inservice Training Workshops" or | ||||||
10 | "Professional educational experiences" means any educational | ||||||
11 | gathering, demonstration of methods of instruction, visitation | ||||||
12 | of schools or other institutions or facilities, sexual abuse | ||||||
13 | and sexual assault awareness seminar, or training in First Aid | ||||||
14 | (which may include cardiopulmonary resuscitation or | ||||||
15 | defibrillator training) held or approved by the regional | ||||||
16 | superintendent and declared by him to be an inservice training | ||||||
17 | workshop, or parent-teacher conferences. With the concurrence | ||||||
18 | of the State Superintendent of Education, he may employ such | ||||||
19 | assistance as is necessary to conduct the inservice training | ||||||
20 | workshop. With the approval of the regional superintendent, 2 | ||||||
21 | or more adjoining districts may jointly hold an inservice | ||||||
22 | training workshop. In addition, with the approval of the | ||||||
23 | regional superintendent, one district may conduct its own | ||||||
24 | inservice training workshop with subject matter consultants | ||||||
25 | requested from the county, State or any State institution of | ||||||
26 | higher learning. |
| |||||||
| |||||||
1 | Such teachers institutes as referred to in this Section | ||||||
2 | may be held on consecutive or separate days at the option of | ||||||
3 | the regional superintendent having jurisdiction thereof. | ||||||
4 | Whenever reference is made in this Act to "teachers | ||||||
5 | institute", it shall be construed to include the inservice | ||||||
6 | training workshops or equivalent professional educational | ||||||
7 | experiences provided for in this Section. | ||||||
8 | Any institute advisory committee existing on April 1, | ||||||
9 | 1995, is dissolved and the duties and responsibilities of the | ||||||
10 | institute advisory committee are assumed by the regional | ||||||
11 | office of education advisory board. | ||||||
12 | Districts providing inservice training programs shall | ||||||
13 | constitute inservice committees, 1/2 of which shall be | ||||||
14 | teachers, 1/4 school service personnel and 1/4 administrators | ||||||
15 | to establish program content and schedules. | ||||||
16 | The teachers institutes shall include teacher training | ||||||
17 | committed to (i) peer counseling programs and other | ||||||
18 | anti-violence and conflict resolution programs, including | ||||||
19 | without limitation programs for preventing at risk students | ||||||
20 | from committing violent acts, and (ii) educator ethics and | ||||||
21 | teacher-student conduct. Beginning with the 2009-2010 school | ||||||
22 | year, the teachers institutes shall include instruction on | ||||||
23 | prevalent student chronic health conditions. Beginning with | ||||||
24 | the 2016-2017 school year, the teachers institutes shall | ||||||
25 | include, at least once every 2 years, instruction on the | ||||||
26 | federal Americans with Disabilities Act as it pertains to the |
| |||||||
| |||||||
1 | school environment. | ||||||
2 | (b) In this subsection (b): | ||||||
3 | "Trauma" is defined according to an event, an experience, | ||||||
4 | and effects. Individual trauma results from an event, series | ||||||
5 | of events, or set of circumstances that is experienced by an | ||||||
6 | individual as physically or emotionally harmful or life | ||||||
7 | threatening and that has lasting adverse effects on the | ||||||
8 | individual's functioning and mental, physical, social, or | ||||||
9 | emotional well-being. Collective trauma is a psychological | ||||||
10 | reaction to a traumatic event shared by any group of people. | ||||||
11 | This may include, but is not limited to, community violence, | ||||||
12 | experiencing racism and discrimination, and the lack of the | ||||||
13 | essential supports for well-being, such as educational or | ||||||
14 | economic opportunities, food, health care, housing, and | ||||||
15 | community cohesion. Trauma can be experienced by anyone, | ||||||
16 | though it is disproportionately experienced by members of | ||||||
17 | marginalized groups. Systemic and historical oppression, such | ||||||
18 | as racism, is often at the root of this inequity. Symptoms may | ||||||
19 | vary at different developmental stages and across different | ||||||
20 | cultural groups and different communities. | ||||||
21 | "Trauma-responsive learning environments" means learning | ||||||
22 | environments developed during an ongoing, multiyear-long | ||||||
23 | process that typically progresses across the following 3 | ||||||
24 | stages: | ||||||
25 | (1) A school or district is "trauma aware" when it: | ||||||
26 | (A) has personnel that demonstrate a foundational |
| |||||||
| |||||||
1 | understanding of a broad definition of trauma that is | ||||||
2 | developmentally and culturally based; includes | ||||||
3 | students, personnel, and communities; and recognizes | ||||||
4 | the potential effect on biological, cognitive, | ||||||
5 | academic, and social-emotional functioning; and | ||||||
6 | (B) recognizes that traumatic exposure can impact | ||||||
7 | behavior and learning and should be acknowledged in | ||||||
8 | policies, strategies, and systems of support for | ||||||
9 | students, families, and personnel. | ||||||
10 | (2) A school or district is "trauma responsive" when | ||||||
11 | it progresses from awareness to action in the areas of | ||||||
12 | policy, practice, and structural changes within a | ||||||
13 | multi-tiered system of support to promote safety, positive | ||||||
14 | relationships, and self-regulation while underscoring the | ||||||
15 | importance of personal well-being and cultural | ||||||
16 | responsiveness. Such progress may: | ||||||
17 | (A) be aligned with the Illinois Quality Framework | ||||||
18 | and integrated into a school or district's continuous | ||||||
19 | improvement process as evidence to support allocation | ||||||
20 | of financial resources; | ||||||
21 | (B) be assessed and monitored by a | ||||||
22 | multidisciplinary leadership team on an ongoing basis; | ||||||
23 | and | ||||||
24 | (C) involve the engagement and capacity building | ||||||
25 | of personnel at all levels to ensure that adults in the | ||||||
26 | learning environment are prepared to recognize and |
| |||||||
| |||||||
1 | respond to those impacted by trauma. | ||||||
2 | (3) A school or district is healing centered when it | ||||||
3 | acknowledges its role and responsibility to the community, | ||||||
4 | fully responds to trauma, and promotes resilience and | ||||||
5 | healing through genuine, trusting, and creative | ||||||
6 | relationships. Such school schools or district districts | ||||||
7 | may: | ||||||
8 | (A) promote holistic and collaborative approaches | ||||||
9 | that are grounded in culture, spirituality, civic | ||||||
10 | engagement, and equity; and | ||||||
11 | (B) support agency within individuals, families, | ||||||
12 | and communities while engaging people in collective | ||||||
13 | action that moves from transactional to | ||||||
14 | transformational. | ||||||
15 | "Whole child" means using a child-centered, holistic, | ||||||
16 | equitable lens across all systems that prioritizes physical, | ||||||
17 | mental, and social-emotional health to ensure that every child | ||||||
18 | is healthy, safe, supported, challenged, engaged, and | ||||||
19 | protected. | ||||||
20 | Starting with the 2024-2025 school year, the teachers | ||||||
21 | institutes shall provide instruction on trauma-informed | ||||||
22 | practices and include the definitions of trauma, | ||||||
23 | trauma-responsive learning environments, and whole child set | ||||||
24 | forth in this subsection (b) before the first student | ||||||
25 | attendance day of each school year. | ||||||
26 | (Source: P.A. 103-413, eff. 1-1-24; revised 11-27-23.)
|
| |||||||
| |||||||
1 | (Text of Section after amendment by P.A. 103-542 ) | ||||||
2 | Sec. 3-11. Institutes or inservice training workshops. | ||||||
3 | (a) In counties of less than 2,000,000 inhabitants, the | ||||||
4 | regional superintendent may arrange for or conduct district, | ||||||
5 | regional, or county institutes, or equivalent professional | ||||||
6 | educational experiences, not more than 4 days annually. Of | ||||||
7 | those 4 days, 2 days may be used as a teachers, administrators, | ||||||
8 | and school support personnel workshop, when approved by the | ||||||
9 | regional superintendent, up to 2 days may be used for | ||||||
10 | conducting parent-teacher conferences, or up to 2 days may be | ||||||
11 | utilized as parental institute days as provided in Section | ||||||
12 | 10-22.18d. School support personnel may be exempt from a | ||||||
13 | workshop if the workshop is not relevant to the work they do. A | ||||||
14 | school district may use one of its 4 institute days on the last | ||||||
15 | day of the school term. "Institute" or "Professional | ||||||
16 | educational experiences" means any educational gathering, | ||||||
17 | demonstration of methods of instruction, visitation of schools | ||||||
18 | or other institutions or facilities, sexual abuse and sexual | ||||||
19 | assault awareness seminar, or training in First Aid (which may | ||||||
20 | include cardiopulmonary resuscitation or defibrillator | ||||||
21 | training) held or approved by the regional superintendent and | ||||||
22 | declared by the regional superintendent him to be an institute | ||||||
23 | day, or parent-teacher conferences. With the concurrence of | ||||||
24 | the State Superintendent of Education, the regional | ||||||
25 | superintendent may employ such assistance as is necessary to |
| |||||||
| |||||||
1 | conduct the institute. Two or more adjoining counties may | ||||||
2 | jointly hold an institute. Institute instruction shall be free | ||||||
3 | to holders of licenses good in the county or counties holding | ||||||
4 | the institute and to those who have paid an examination fee and | ||||||
5 | failed to receive a license. | ||||||
6 | In counties of 2,000,000 or more inhabitants, the regional | ||||||
7 | superintendent may arrange for or conduct district, regional, | ||||||
8 | or county inservice training workshops, or equivalent | ||||||
9 | professional educational experiences, not more than 4 days | ||||||
10 | annually. Of those 4 days, 2 days may be used as a teachers, | ||||||
11 | administrators, and school support personnel workshop, when | ||||||
12 | approved by the regional superintendent, up to 2 days may be | ||||||
13 | used for conducting parent-teacher conferences, or up to 2 | ||||||
14 | days may be utilized as parental institute days as provided in | ||||||
15 | Section 10-22.18d. School support personnel may be exempt from | ||||||
16 | a workshop if the workshop is not relevant to the work they do. | ||||||
17 | A school district may use one of those 4 days on the last day | ||||||
18 | of the school term. "Inservice Training Workshops" or | ||||||
19 | "Professional educational experiences" means any educational | ||||||
20 | gathering, demonstration of methods of instruction, visitation | ||||||
21 | of schools or other institutions or facilities, sexual abuse | ||||||
22 | and sexual assault awareness seminar, or training in First Aid | ||||||
23 | (which may include cardiopulmonary resuscitation or | ||||||
24 | defibrillator training) held or approved by the regional | ||||||
25 | superintendent and declared by the regional superintendent to | ||||||
26 | be an inservice training workshop, or parent-teacher |
| |||||||
| |||||||
1 | conferences. With the concurrence of the State Superintendent | ||||||
2 | of Education, the regional superintendent may employ such | ||||||
3 | assistance as is necessary to conduct the inservice training | ||||||
4 | workshop. With the approval of the regional superintendent, 2 | ||||||
5 | or more adjoining districts may jointly hold an inservice | ||||||
6 | training workshop. In addition, with the approval of the | ||||||
7 | regional superintendent, one district may conduct its own | ||||||
8 | inservice training workshop with subject matter consultants | ||||||
9 | requested from the county, State or any State institution of | ||||||
10 | higher learning. | ||||||
11 | Such institutes as referred to in this Section may be held | ||||||
12 | on consecutive or separate days at the option of the regional | ||||||
13 | superintendent having jurisdiction thereof. | ||||||
14 | Whenever reference is made in this Act to "institute", it | ||||||
15 | shall be construed to include the inservice training workshops | ||||||
16 | or equivalent professional educational experiences provided | ||||||
17 | for in this Section. | ||||||
18 | Any institute advisory committee existing on April 1, | ||||||
19 | 1995, is dissolved and the duties and responsibilities of the | ||||||
20 | institute advisory committee are assumed by the regional | ||||||
21 | office of education advisory board. | ||||||
22 | Districts providing inservice training programs shall | ||||||
23 | constitute inservice committees, 1/2 of which shall be | ||||||
24 | teachers, 1/4 school service personnel and 1/4 administrators | ||||||
25 | to establish program content and schedules. | ||||||
26 | In addition to other topics not listed in this Section, |
| |||||||
| |||||||
1 | the teachers institutes may include training committed to | ||||||
2 | health conditions of students; social-emotional learning; | ||||||
3 | developing cultural competency; identifying warning signs of | ||||||
4 | mental illness and suicidal behavior in youth; domestic and | ||||||
5 | sexual violence and the needs of expectant and parenting | ||||||
6 | youth; protections and accommodations for students; educator | ||||||
7 | ethics; responding to child sexual abuse and grooming | ||||||
8 | behavior; and effective instruction in violence prevention and | ||||||
9 | conflict resolution. Institute programs in these topics shall | ||||||
10 | be credited toward hours of professional development required | ||||||
11 | for license renewal as outlined in subsection (e) of Section | ||||||
12 | 21B-45. | ||||||
13 | (b) In this subsection (b): | ||||||
14 | "Trauma" is defined according to an event, an experience, | ||||||
15 | and effects. Individual trauma results from an event, series | ||||||
16 | of events, or set of circumstances that is experienced by an | ||||||
17 | individual as physically or emotionally harmful or life | ||||||
18 | threatening and that has lasting adverse effects on the | ||||||
19 | individual's functioning and mental, physical, social, or | ||||||
20 | emotional well-being. Collective trauma is a psychological | ||||||
21 | reaction to a traumatic event shared by any group of people. | ||||||
22 | This may include, but is not limited to, community violence, | ||||||
23 | experiencing racism and discrimination, and the lack of the | ||||||
24 | essential supports for well-being, such as educational or | ||||||
25 | economic opportunities, food, health care, housing, and | ||||||
26 | community cohesion. Trauma can be experienced by anyone, |
| |||||||
| |||||||
1 | though it is disproportionately experienced by members of | ||||||
2 | marginalized groups. Systemic and historical oppression, such | ||||||
3 | as racism, is often at the root of this inequity. Symptoms may | ||||||
4 | vary at different developmental stages and across different | ||||||
5 | cultural groups and different communities. | ||||||
6 | "Trauma-responsive learning environments" means learning | ||||||
7 | environments developed during an ongoing, multiyear-long | ||||||
8 | process that typically progresses across the following 3 | ||||||
9 | stages: | ||||||
10 | (1) A school or district is "trauma aware" when it: | ||||||
11 | (A) has personnel that demonstrate a foundational | ||||||
12 | understanding of a broad definition of trauma that is | ||||||
13 | developmentally and culturally based; includes | ||||||
14 | students, personnel, and communities; and recognizes | ||||||
15 | the potential effect on biological, cognitive, | ||||||
16 | academic, and social-emotional functioning; and | ||||||
17 | (B) recognizes that traumatic exposure can impact | ||||||
18 | behavior and learning and should be acknowledged in | ||||||
19 | policies, strategies, and systems of support for | ||||||
20 | students, families, and personnel. | ||||||
21 | (2) A school or district is "trauma responsive" when | ||||||
22 | it progresses from awareness to action in the areas of | ||||||
23 | policy, practice, and structural changes within a | ||||||
24 | multi-tiered system of support to promote safety, positive | ||||||
25 | relationships, and self-regulation while underscoring the | ||||||
26 | importance of personal well-being and cultural |
| |||||||
| |||||||
1 | responsiveness. Such progress may: | ||||||
2 | (A) be aligned with the Illinois Quality Framework | ||||||
3 | and integrated into a school or district's continuous | ||||||
4 | improvement process as evidence to support allocation | ||||||
5 | of financial resources; | ||||||
6 | (B) be assessed and monitored by a | ||||||
7 | multidisciplinary leadership team on an ongoing basis; | ||||||
8 | and | ||||||
9 | (C) involve the engagement and capacity building | ||||||
10 | of personnel at all levels to ensure that adults in the | ||||||
11 | learning environment are prepared to recognize and | ||||||
12 | respond to those impacted by trauma. | ||||||
13 | (3) A school or district is healing centered when it | ||||||
14 | acknowledges its role and responsibility to the community, | ||||||
15 | fully responds to trauma, and promotes resilience and | ||||||
16 | healing through genuine, trusting, and creative | ||||||
17 | relationships. Such school schools or district districts | ||||||
18 | may: | ||||||
19 | (A) promote holistic and collaborative approaches | ||||||
20 | that are grounded in culture, spirituality, civic | ||||||
21 | engagement, and equity; and | ||||||
22 | (B) support agency within individuals, families, | ||||||
23 | and communities while engaging people in collective | ||||||
24 | action that moves from transactional to | ||||||
25 | transformational. | ||||||
26 | "Whole child" means using a child-centered, holistic, |
| |||||||
| |||||||
1 | equitable lens across all systems that prioritizes physical, | ||||||
2 | mental, and social-emotional health to ensure that every child | ||||||
3 | is healthy, safe, supported, challenged, engaged, and | ||||||
4 | protected. | ||||||
5 | Starting with the 2024-2025 school year, the teachers | ||||||
6 | institutes shall provide instruction on trauma-informed | ||||||
7 | practices and include the definitions of trauma, | ||||||
8 | trauma-responsive learning environments, and whole child set | ||||||
9 | forth in this subsection (b) before the first student | ||||||
10 | attendance day of each school year. | ||||||
11 | (Source: P.A. 103-413, eff. 1-1-24; 103-542, eff. 7-1-24 (see | ||||||
12 | Section 905 of P.A. 103-563 for effective date of P.A. | ||||||
13 | 103-542); revised 11-27-23.)
| ||||||
14 | (105 ILCS 5/10-17a) | ||||||
15 | Sec. 10-17a. State, school district, and school report | ||||||
16 | cards; Expanded High School Snapshot Report. | ||||||
17 | (1) By October 31, 2013 and October 31 of each subsequent | ||||||
18 | school year, the State Board of Education, through the State | ||||||
19 | Superintendent of Education, shall prepare a State report | ||||||
20 | card, school district report cards, and school report cards, | ||||||
21 | and shall by the most economical means provide to each school | ||||||
22 | district in this State, including special charter districts | ||||||
23 | and districts subject to the provisions of Article 34, the | ||||||
24 | report cards for the school district and each of its schools. | ||||||
25 | Because of the impacts of the COVID-19 public health emergency |
| |||||||
| |||||||
1 | during school year 2020-2021, the State Board of Education | ||||||
2 | shall have until December 31, 2021 to prepare and provide the | ||||||
3 | report cards that would otherwise be due by October 31, 2021. | ||||||
4 | During a school year in which the Governor has declared a | ||||||
5 | disaster due to a public health emergency pursuant to Section | ||||||
6 | 7 of the Illinois Emergency Management Agency Act, the report | ||||||
7 | cards for the school districts and each of its schools shall be | ||||||
8 | prepared by December 31. | ||||||
9 | (2) In addition to any information required by federal | ||||||
10 | law, the State Superintendent shall determine the indicators | ||||||
11 | and presentation of the school report card, which must | ||||||
12 | include, at a minimum, the most current data collected and | ||||||
13 | maintained by the State Board of Education related to the | ||||||
14 | following: | ||||||
15 | (A) school characteristics and student demographics, | ||||||
16 | including average class size, average teaching experience, | ||||||
17 | student racial/ethnic breakdown, and the percentage of | ||||||
18 | students classified as low-income; the percentage of | ||||||
19 | students classified as English learners, the number of | ||||||
20 | students who graduate from a bilingual or English learner | ||||||
21 | program, and the number of students who graduate from, | ||||||
22 | transfer from, or otherwise leave bilingual programs; the | ||||||
23 | percentage of students who have individualized education | ||||||
24 | plans or 504 plans that provide for special education | ||||||
25 | services; the number and the percentage of all students in | ||||||
26 | grades kindergarten through 8, disaggregated by the |
| |||||||
| |||||||
1 | student students demographics described in this paragraph | ||||||
2 | (A), in each of the following categories: (i) those who | ||||||
3 | have been assessed for placement in a gifted education | ||||||
4 | program or accelerated placement, (ii) those who have | ||||||
5 | enrolled in a gifted education program or in accelerated | ||||||
6 | placement, and (iii) for each of categories (i) and (ii), | ||||||
7 | those who received direct instruction from a teacher who | ||||||
8 | holds a gifted education endorsement; the number and the | ||||||
9 | percentage of all students in grades 9 through 12, | ||||||
10 | disaggregated by the student demographics described in | ||||||
11 | this paragraph (A), who have been enrolled in an advanced | ||||||
12 | academic program; the percentage of students scoring at | ||||||
13 | the "exceeds expectations" level on the assessments | ||||||
14 | required under Section 2-3.64a-5 of this Code; the | ||||||
15 | percentage of students who annually transferred in or out | ||||||
16 | of the school district; average daily attendance; the | ||||||
17 | per-pupil operating expenditure of the school district; | ||||||
18 | and the per-pupil State average operating expenditure for | ||||||
19 | the district type (elementary, high school, or unit); | ||||||
20 | (B) curriculum information, including, where | ||||||
21 | applicable, Advanced Placement, International | ||||||
22 | Baccalaureate or equivalent courses, dual credit courses, | ||||||
23 | foreign language classes, computer science courses, school | ||||||
24 | personnel resources (including Career Technical Education | ||||||
25 | teachers), before and after school programs, | ||||||
26 | extracurricular activities, subjects in which elective |
| |||||||
| |||||||
1 | classes are offered, health and wellness initiatives | ||||||
2 | (including the average number of days of Physical | ||||||
3 | Education per week per student), approved programs of | ||||||
4 | study, awards received, community partnerships, and | ||||||
5 | special programs such as programming for the gifted and | ||||||
6 | talented, students with disabilities, and work-study | ||||||
7 | students; | ||||||
8 | (C) student outcomes, including, where applicable, the | ||||||
9 | percentage of students deemed proficient on assessments of | ||||||
10 | State standards, the percentage of students in the eighth | ||||||
11 | grade who pass Algebra, the percentage of students who | ||||||
12 | participated in workplace learning experiences, the | ||||||
13 | percentage of students enrolled in post-secondary | ||||||
14 | institutions (including colleges, universities, community | ||||||
15 | colleges, trade/vocational schools, and training programs | ||||||
16 | leading to career certification within 2 semesters of high | ||||||
17 | school graduation), the percentage of students graduating | ||||||
18 | from high school who are college and career ready, the | ||||||
19 | percentage of graduates enrolled in community colleges, | ||||||
20 | colleges, and universities who are in one or more courses | ||||||
21 | that the community college, college, or university | ||||||
22 | identifies as a developmental course, and the percentage | ||||||
23 | of students with disabilities under the federal | ||||||
24 | Individuals with Disabilities Education Act and Article 14 | ||||||
25 | of this Code who have fulfilled the minimum State | ||||||
26 | graduation requirements set forth in Section 27-22 of this |
| |||||||
| |||||||
1 | Code and have been issued a regular high school diploma; | ||||||
2 | (D) student progress, including, where applicable, the | ||||||
3 | percentage of students in the ninth grade who have earned | ||||||
4 | 5 credits or more without failing more than one core | ||||||
5 | class, a measure of students entering kindergarten ready | ||||||
6 | to learn, a measure of growth, and the percentage of | ||||||
7 | students who enter high school on track for college and | ||||||
8 | career readiness; | ||||||
9 | (E) the school environment, including, where | ||||||
10 | applicable, high school dropout rate by grade level, the | ||||||
11 | percentage of students with less than 10 absences in a | ||||||
12 | school year, the percentage of teachers with less than 10 | ||||||
13 | absences in a school year for reasons other than | ||||||
14 | professional development, leaves taken pursuant to the | ||||||
15 | federal Family Medical Leave Act of 1993, long-term | ||||||
16 | disability, or parental leaves, the 3-year average of the | ||||||
17 | percentage of teachers returning to the school from the | ||||||
18 | previous year, the number of different principals at the | ||||||
19 | school in the last 6 years, the number of teachers who hold | ||||||
20 | a gifted education endorsement, the process and criteria | ||||||
21 | used by the district to determine whether a student is | ||||||
22 | eligible for participation in a gifted education program | ||||||
23 | or advanced academic program and the manner in which | ||||||
24 | parents and guardians are made aware of the process and | ||||||
25 | criteria, the number of teachers who are National Board | ||||||
26 | Certified Teachers, disaggregated by race and ethnicity, 2 |
| |||||||
| |||||||
1 | or more indicators from any school climate survey selected | ||||||
2 | or approved by the State and administered pursuant to | ||||||
3 | Section 2-3.153 of this Code, with the same or similar | ||||||
4 | indicators included on school report cards for all surveys | ||||||
5 | selected or approved by the State pursuant to Section | ||||||
6 | 2-3.153 of this Code, the combined percentage of teachers | ||||||
7 | rated as proficient or excellent in their most recent | ||||||
8 | evaluation, and, beginning with the 2022-2023 school year, | ||||||
9 | data on the number of incidents of violence that occurred | ||||||
10 | on school grounds or during school-related activities and | ||||||
11 | that resulted in an out-of-school suspension, expulsion, | ||||||
12 | or removal to an alternative setting, as reported pursuant | ||||||
13 | to Section 2-3.162; | ||||||
14 | (F) a school district's and its individual schools' | ||||||
15 | balanced accountability measure, in accordance with | ||||||
16 | Section 2-3.25a of this Code; | ||||||
17 | (G) the total and per pupil normal cost amount the | ||||||
18 | State contributed to the Teachers' Retirement System of | ||||||
19 | the State of Illinois in the prior fiscal year for the | ||||||
20 | school's employees, which shall be reported to the State | ||||||
21 | Board of Education by the Teachers' Retirement System of | ||||||
22 | the State of Illinois; | ||||||
23 | (H) for a school district organized under Article 34 | ||||||
24 | of this Code only, State contributions to the Public | ||||||
25 | School Teachers' Pension and Retirement Fund of Chicago | ||||||
26 | and State contributions for health care for employees of |
| |||||||
| |||||||
1 | that school district; | ||||||
2 | (I) a school district's Final Percent of Adequacy, as | ||||||
3 | defined in paragraph (4) of subsection (f) of Section | ||||||
4 | 18-8.15 of this Code; | ||||||
5 | (J) a school district's Local Capacity Target, as | ||||||
6 | defined in paragraph (2) of subsection (c) of Section | ||||||
7 | 18-8.15 of this Code, displayed as a percentage amount; | ||||||
8 | (K) a school district's Real Receipts, as defined in | ||||||
9 | paragraph (1) of subsection (d) of Section 18-8.15 of this | ||||||
10 | Code, divided by a school district's Adequacy Target, as | ||||||
11 | defined in paragraph (1) of subsection (b) of Section | ||||||
12 | 18-8.15 of this Code, displayed as a percentage amount; | ||||||
13 | (L) a school district's administrative costs; | ||||||
14 | (M) whether or not the school has participated in the | ||||||
15 | Illinois Youth Survey. In this paragraph (M), "Illinois | ||||||
16 | Youth Survey" means a self-report survey, administered in | ||||||
17 | school settings every 2 years, designed to gather | ||||||
18 | information about health and social indicators, including | ||||||
19 | substance abuse patterns and the attitudes of students in | ||||||
20 | grades 8, 10, and 12; | ||||||
21 | (N) whether the school offered its students career and | ||||||
22 | technical education opportunities; and | ||||||
23 | (O) beginning Beginning with the October 2024 report | ||||||
24 | card, the total number of school counselors, school social | ||||||
25 | workers, school nurses, and school psychologists by | ||||||
26 | school, district, and State, the average number of |
| |||||||
| |||||||
1 | students per school counselor in the school, district, and | ||||||
2 | State, the average number of students per school social | ||||||
3 | worker in the school, district, and State, the average | ||||||
4 | number of students per school nurse in the school, | ||||||
5 | district, and State, and the average number of students | ||||||
6 | per school psychologist in the school, district, and | ||||||
7 | State. | ||||||
8 | The school report card shall also provide information that | ||||||
9 | allows for comparing the current outcome, progress, and | ||||||
10 | environment data to the State average, to the school data from | ||||||
11 | the past 5 years, and to the outcomes, progress, and | ||||||
12 | environment of similar schools based on the type of school and | ||||||
13 | enrollment of low-income students, special education students, | ||||||
14 | and English learners. | ||||||
15 | As used in this subsection (2): | ||||||
16 | "Accelerated placement" has the meaning ascribed to that | ||||||
17 | term in Section 14A-17 of this Code. | ||||||
18 | "Administrative costs" means costs associated with | ||||||
19 | executive, administrative, or managerial functions within the | ||||||
20 | school district that involve planning, organizing, managing, | ||||||
21 | or directing the school district. | ||||||
22 | "Advanced academic program" means a course of study, | ||||||
23 | including, but not limited to, accelerated placement, advanced | ||||||
24 | placement coursework, International Baccalaureate coursework, | ||||||
25 | dual credit, or any course designated as enriched or honors, | ||||||
26 | that a student is enrolled in based on advanced cognitive |
| |||||||
| |||||||
1 | ability or advanced academic achievement compared to local age | ||||||
2 | peers and in which the curriculum is substantially | ||||||
3 | differentiated from the general curriculum to provide | ||||||
4 | appropriate challenge and pace. | ||||||
5 | "Computer science" means the study of computers and | ||||||
6 | algorithms, including their principles, their hardware and | ||||||
7 | software designs, their implementation, and their impact on | ||||||
8 | society. "Computer science" does not include the study of | ||||||
9 | everyday uses of computers and computer applications, such as | ||||||
10 | keyboarding or accessing the Internet. | ||||||
11 | "Gifted education" means educational services, including | ||||||
12 | differentiated curricula and instructional methods, designed | ||||||
13 | to meet the needs of gifted children as defined in Article 14A | ||||||
14 | of this Code. | ||||||
15 | For the purposes of paragraph (A) of this subsection (2), | ||||||
16 | "average daily attendance" means the average of the actual | ||||||
17 | number of attendance days during the previous school year for | ||||||
18 | any enrolled student who is subject to compulsory attendance | ||||||
19 | by Section 26-1 of this Code at each school and charter school. | ||||||
20 | (2.5) For any school report card prepared after July 1, | ||||||
21 | 2025, for all high school graduation completion rates that are | ||||||
22 | reported on the school report card as required under this | ||||||
23 | Section or by any other State or federal law, the State | ||||||
24 | Superintendent of Education shall also report the percentage | ||||||
25 | of students who did not meet the requirements of high school | ||||||
26 | graduation completion for any reason and, of those students, |
| |||||||
| |||||||
1 | the percentage that are classified as students who fulfill the | ||||||
2 | requirements of Section 14-16 of this Code. | ||||||
3 | The State Superintendent shall ensure that for the | ||||||
4 | 2023-2024 school year there is a specific code for districts | ||||||
5 | to report students who fulfill the requirements of Section | ||||||
6 | 14-16 of this Code to ensure accurate reporting under this | ||||||
7 | Section. | ||||||
8 | All reporting requirements under this subsection (2.5) | ||||||
9 | shall be included on the school report card where high school | ||||||
10 | graduation completion rates are reported, along with a brief | ||||||
11 | explanation of how fulfilling the requirements of Section | ||||||
12 | 14-16 of this Code is different from receiving a regular high | ||||||
13 | school diploma. | ||||||
14 | (3) At the discretion of the State Superintendent, the | ||||||
15 | school district report card shall include a subset of the | ||||||
16 | information identified in paragraphs (A) through (E) of | ||||||
17 | subsection (2) of this Section, as well as information | ||||||
18 | relating to the operating expense per pupil and other finances | ||||||
19 | of the school district, and the State report card shall | ||||||
20 | include a subset of the information identified in paragraphs | ||||||
21 | (A) through (E) and paragraph (N) of subsection (2) of this | ||||||
22 | Section. The school district report card shall include the | ||||||
23 | average daily attendance, as that term is defined in | ||||||
24 | subsection (2) of this Section, of students who have | ||||||
25 | individualized education programs and students who have 504 | ||||||
26 | plans that provide for special education services within the |
| |||||||
| |||||||
1 | school district. | ||||||
2 | (4) Notwithstanding anything to the contrary in this | ||||||
3 | Section, in consultation with key education stakeholders, the | ||||||
4 | State Superintendent shall at any time have the discretion to | ||||||
5 | amend or update any and all metrics on the school, district, or | ||||||
6 | State report card. | ||||||
7 | (5) Annually, no more than 30 calendar days after receipt | ||||||
8 | of the school district and school report cards from the State | ||||||
9 | Superintendent of Education, each school district, including | ||||||
10 | special charter districts and districts subject to the | ||||||
11 | provisions of Article 34, shall present such report cards at a | ||||||
12 | regular school board meeting subject to applicable notice | ||||||
13 | requirements, post the report cards on the school district's | ||||||
14 | Internet web site, if the district maintains an Internet web | ||||||
15 | site, make the report cards available to a newspaper of | ||||||
16 | general circulation serving the district, and, upon request, | ||||||
17 | send the report cards home to a parent (unless the district | ||||||
18 | does not maintain an Internet web site, in which case the | ||||||
19 | report card shall be sent home to parents without request). If | ||||||
20 | the district posts the report card on its Internet web site, | ||||||
21 | the district shall send a written notice home to parents | ||||||
22 | stating (i) that the report card is available on the web site, | ||||||
23 | (ii) the address of the web site, (iii) that a printed copy of | ||||||
24 | the report card will be sent to parents upon request, and (iv) | ||||||
25 | the telephone number that parents may call to request a | ||||||
26 | printed copy of the report card. |
| |||||||
| |||||||
1 | (6) Nothing contained in Public Act 98-648 repeals, | ||||||
2 | supersedes, invalidates, or nullifies final decisions in | ||||||
3 | lawsuits pending on July 1, 2014 (the effective date of Public | ||||||
4 | Act 98-648) in Illinois courts involving the interpretation of | ||||||
5 | Public Act 97-8. | ||||||
6 | (7) As used in this subsection (7): | ||||||
7 | "Advanced-track coursework or programs" means any high | ||||||
8 | school courses, sequence of courses, or class or grouping of | ||||||
9 | students organized to provide more rigorous, enriched, | ||||||
10 | advanced, accelerated, gifted, or above grade-level | ||||||
11 | instruction. This may include, but is not limited to, Advanced | ||||||
12 | Placement courses, International Baccalaureate courses, | ||||||
13 | honors, weighted, advanced, or enriched courses, or gifted or | ||||||
14 | accelerated programs, classrooms, or courses. | ||||||
15 | "Course" means any high school class or course offered by | ||||||
16 | a school that is assigned a school course code by the State | ||||||
17 | Board of Education. | ||||||
18 | "English learner coursework or English learner program" | ||||||
19 | means a high school English learner course or program | ||||||
20 | designated to serve English learners, who may be designated as | ||||||
21 | English language learners or limited English proficiency | ||||||
22 | learners. | ||||||
23 | "Standard coursework or programs" means any high school | ||||||
24 | courses or classes other than advanced-track coursework or | ||||||
25 | programs, English learner coursework or programs, or special | ||||||
26 | education coursework or programs. |
| |||||||
| |||||||
1 | By October 31, 2027 and by October 31 of each subsequent | ||||||
2 | year, the State Board of Education, through the State | ||||||
3 | Superintendent of Education, shall prepare a stand-alone | ||||||
4 | report covering high schools, to be referred to as the | ||||||
5 | Expanded High School Snapshot Report. The State Board shall | ||||||
6 | post the Report on the State Board's Internet website. Each | ||||||
7 | school district with a high school shall include on the school | ||||||
8 | district's Internet website, if the district maintains an | ||||||
9 | Internet website, a hyperlink to the Report on the State | ||||||
10 | Board's Internet website titled "Expanded High School Snapshot | ||||||
11 | Report". Hyperlinks under this subsection (7) shall be | ||||||
12 | displayed in a manner that is easily accessible to the public. | ||||||
13 | The Expanded High School Snapshot Report shall include: | ||||||
14 | (A) a listing of all standard coursework or programs | ||||||
15 | offered by a high school; | ||||||
16 | (B) a listing of all advanced-track coursework or | ||||||
17 | programs offered by a high school; | ||||||
18 | (C) a listing of all English learner coursework or | ||||||
19 | programs offered by a high school; | ||||||
20 | (D) a listing of all special education coursework or | ||||||
21 | programs offered by a high school; | ||||||
22 | (E) data tables and graphs comparing advanced-track | ||||||
23 | coursework or programs with standard coursework or | ||||||
24 | programs according to the following parameters: | ||||||
25 | (i) the average years of experience of all | ||||||
26 | teachers in a high school who are assigned to teach |
| |||||||
| |||||||
1 | advanced-track coursework or programs compared with | ||||||
2 | the average years of experience of all teachers in the | ||||||
3 | high school who are assigned to teach standard | ||||||
4 | coursework or programs; | ||||||
5 | (ii) the average years of experience of all | ||||||
6 | teachers in a high school who are assigned to teach | ||||||
7 | special education coursework or programs compared with | ||||||
8 | the average years of experience of all teachers in the | ||||||
9 | high school who are assigned to teach standard | ||||||
10 | coursework or programs; | ||||||
11 | (iii) the average years of experience of all | ||||||
12 | teachers in a high school who are assigned to teach | ||||||
13 | English learner coursework or programs compared with | ||||||
14 | the average years of experience of all teachers in the | ||||||
15 | high school who are assigned to teach standard | ||||||
16 | coursework or programs; | ||||||
17 | (iv) the number of high school teachers who | ||||||
18 | possess bachelor's, master's, or doctorate degrees and | ||||||
19 | who are assigned to teach advanced-track courses or | ||||||
20 | programs compared with the number of teachers who | ||||||
21 | possess bachelor's, master's, or doctorate degrees and | ||||||
22 | who are assigned to teach standard coursework or | ||||||
23 | programs; | ||||||
24 | (v) the number of high school teachers who possess | ||||||
25 | bachelor's, master's, or doctorate degrees and who are | ||||||
26 | assigned to teach special education coursework or |
| |||||||
| |||||||
1 | programs compared with the number of teachers who | ||||||
2 | possess bachelor's, master's, or doctorate degrees and | ||||||
3 | who are assigned to teach standard coursework or | ||||||
4 | programs; | ||||||
5 | (vi) the number of high school teachers who | ||||||
6 | possess bachelor's, master's, or doctorate degrees and | ||||||
7 | who are assigned to teach English learner coursework | ||||||
8 | or programs compared with the number of teachers who | ||||||
9 | possess bachelor's, master's, or doctorate degrees and | ||||||
10 | who are assigned to teach standard coursework or | ||||||
11 | programs; | ||||||
12 | (vii) the average student enrollment and class | ||||||
13 | size of advanced-track coursework or programs offered | ||||||
14 | in a high school compared with the average student | ||||||
15 | enrollment and class size of standard coursework or | ||||||
16 | programs; | ||||||
17 | (viii) the percentages of students delineated by | ||||||
18 | gender who are enrolled in advanced-track coursework | ||||||
19 | or programs in a high school compared with the gender | ||||||
20 | of students enrolled in standard coursework or | ||||||
21 | programs; | ||||||
22 | (ix) the percentages of students delineated by | ||||||
23 | gender who are enrolled in special education | ||||||
24 | coursework or programs in a high school compared with | ||||||
25 | the percentages of students enrolled in standard | ||||||
26 | coursework or programs; |
| |||||||
| |||||||
1 | (x) the percentages of students delineated by | ||||||
2 | gender who are enrolled in English learner coursework | ||||||
3 | or programs in a high school compared with the gender | ||||||
4 | of students enrolled in standard coursework or | ||||||
5 | programs; | ||||||
6 | (xi) the percentages of high school students in | ||||||
7 | each individual race and ethnicity category, as | ||||||
8 | defined in the most recent federal decennial census, | ||||||
9 | who are enrolled in advanced-track coursework or | ||||||
10 | programs compared with the percentages of students in | ||||||
11 | each individual race and ethnicity category enrolled | ||||||
12 | in standard coursework or programs; | ||||||
13 | (xii) the percentages of high school students in | ||||||
14 | each of the race and ethnicity categories, as defined | ||||||
15 | in the most recent federal decennial census, who are | ||||||
16 | enrolled in special education coursework or programs | ||||||
17 | compared with the percentages of students in each of | ||||||
18 | the race and ethnicity categories who are enrolled in | ||||||
19 | standard coursework or programs; | ||||||
20 | (xiii) the percentages of high school students in | ||||||
21 | each of the race and ethnicity categories, as defined | ||||||
22 | in the most recent federal decennial census, who are | ||||||
23 | enrolled in English learner coursework or programs in | ||||||
24 | a high school compared with the percentages of high | ||||||
25 | school students in each of the race and ethnicity | ||||||
26 | categories who are enrolled in standard coursework or |
| |||||||
| |||||||
1 | programs; | ||||||
2 | (xiv) the percentage of high school students who | ||||||
3 | reach proficiency (the equivalent of a C grade or | ||||||
4 | higher on a grade A through F scale) in advanced-track | ||||||
5 | coursework or programs compared with the percentage of | ||||||
6 | students who earn proficiency (the equivalent of a C | ||||||
7 | grade or higher on a grade A through F scale) in | ||||||
8 | standard coursework or programs; | ||||||
9 | (xv) the percentage of high school students who | ||||||
10 | reach proficiency (the equivalent of a C grade or | ||||||
11 | higher on a grade A through F scale) in special | ||||||
12 | education coursework or programs compared with the | ||||||
13 | percentage of high school students who earn | ||||||
14 | proficiency (the equivalent of a C grade or higher on a | ||||||
15 | grade A through F scale) in standard coursework or | ||||||
16 | programs; and | ||||||
17 | (xvi) the percentage of high school students who | ||||||
18 | reach proficiency (the equivalent of a C grade or | ||||||
19 | higher on a grade A through F scale) in English learner | ||||||
20 | coursework or programs compared with the percentage of | ||||||
21 | high school students who earn proficiency (the | ||||||
22 | equivalent of a C grade or higher on a grade A through | ||||||
23 | F scale) in standard coursework or programs; and | ||||||
24 | (F) data tables and graphs for each race and ethnicity | ||||||
25 | category, as defined in the most recent federal decennial | ||||||
26 | census, and gender category, as defined in the most recent |
| |||||||
| |||||||
1 | federal decennial census, describing: | ||||||
2 | (i) the total number of Advanced Placement courses | ||||||
3 | taken by race and ethnicity category and gender | ||||||
4 | category, as defined in the most recent federal | ||||||
5 | decennial census; | ||||||
6 | (ii) the total number of International | ||||||
7 | Baccalaureate courses taken by race and ethnicity | ||||||
8 | category and gender category, as defined in the most | ||||||
9 | recent federal decennial census; | ||||||
10 | (iii) for each race and ethnicity category and | ||||||
11 | gender category, as defined in the most recent federal | ||||||
12 | decennial census, the percentage of high school | ||||||
13 | students enrolled in Advanced Placement courses; | ||||||
14 | (iv) for each race and ethnicity category and | ||||||
15 | gender category, as defined in the most recent federal | ||||||
16 | decennial census, the percentage of high school | ||||||
17 | students enrolled in International Baccalaureate | ||||||
18 | courses; and | ||||||
19 | (v) for each race and ethnicity category, as | ||||||
20 | defined in the most recent federal decennial census, | ||||||
21 | the total number and percentage of high school | ||||||
22 | students who earn a score of 3 or higher on the | ||||||
23 | Advanced Placement exam associated with an Advanced | ||||||
24 | Placement course. | ||||||
25 | For data on teacher experience and education under this | ||||||
26 | subsection (7), a teacher who teaches a combination of courses |
| |||||||
| |||||||
1 | designated as advanced-track coursework or programs, English | ||||||
2 | learner coursework or programs, or standard coursework or | ||||||
3 | programs shall be included in all relevant categories and the | ||||||
4 | teacher's level of experience shall be added to the | ||||||
5 | categories. | ||||||
6 | (Source: P.A. 102-16, eff. 6-17-21; 102-294, eff. 1-1-22; | ||||||
7 | 102-539, eff. 8-20-21; 102-558, eff. 8-20-21; 102-594, eff. | ||||||
8 | 7-1-22; 102-813, eff. 5-13-22; 103-116, eff. 6-30-23; 103-263, | ||||||
9 | eff. 6-30-23; 103-413, eff, 1-1-24; 103-503, eff. 1-1-24; | ||||||
10 | revised 9-12-23.)
| ||||||
11 | (105 ILCS 5/10-20.67) | ||||||
12 | Sec. 10-20.67. Short-term substitute teacher training. | ||||||
13 | (a) Each school board shall, in collaboration with its | ||||||
14 | teachers or, if applicable, the exclusive bargaining | ||||||
15 | representative of its teachers, jointly develop a short-term | ||||||
16 | substitute teacher training program that provides individuals | ||||||
17 | who hold a Short-Term Substitute Teaching License under | ||||||
18 | Section 21B-20 of this Code with information on curriculum, | ||||||
19 | classroom management techniques, school safety, and district | ||||||
20 | and building operations. The State Board of Education may | ||||||
21 | develop a model short-term substitute teacher training program | ||||||
22 | for use by a school board under this subsection (a) if the | ||||||
23 | school board and its teachers or, if applicable, the exclusive | ||||||
24 | bargaining representative of its teachers agree to use the | ||||||
25 | State Board's model. A school board with a substitute teacher |
| |||||||
| |||||||
1 | training program in place before July 1, 2018 (the effective | ||||||
2 | date of Public Act 100-596) may utilize that program to | ||||||
3 | satisfy the requirements of this subsection (a). | ||||||
4 | (b) Nothing in this Section prohibits a school board from | ||||||
5 | offering substitute training to substitute teachers licensed | ||||||
6 | under paragraph (3) of Section 21B-20 of this Code or to | ||||||
7 | substitute teachers holding a Professional Educator License. | ||||||
8 | (c) (Blank) . | ||||||
9 | (Source: P.A. 103-111, eff. 6-29-23; revised 9-20-23.)
| ||||||
10 | (105 ILCS 5/10-20.85) | ||||||
11 | Sec. 10-20.85. Trauma kit. | ||||||
12 | (a) In this Section, "trauma kit" means a first aid | ||||||
13 | response kit that contains, at a minimum, all of the | ||||||
14 | following: | ||||||
15 | (1) One tourniquet endorsed by the Committee on | ||||||
16 | Tactical Combat Casualty Care. | ||||||
17 | (2) One compression bandage. | ||||||
18 | (3) One hemostatic bleeding control dressing endorsed | ||||||
19 | by the Committee on Tactical Combat Casualty Care. | ||||||
20 | (4) Protective gloves and a marker. | ||||||
21 | (5) Scissors. | ||||||
22 | (6) Instructional documents developed by the Stop the | ||||||
23 | Bleed national awareness campaign of the United States | ||||||
24 | Department of Homeland Security or the American College of | ||||||
25 | Surgeons' Committee on Trauma, or both. |
| |||||||
| |||||||
1 | (7) Any other medical materials or equipment similar | ||||||
2 | to those described in paragraphs (1) through (3) or any | ||||||
3 | other items that (i) are approved by a local law | ||||||
4 | enforcement agency or first responders, (ii) can | ||||||
5 | adequately treat a traumatic injury, and (iii) can be | ||||||
6 | stored in a readily available kit. | ||||||
7 | (b) Each school district may maintain an on-site trauma | ||||||
8 | kit at each school of the district for bleeding emergencies. | ||||||
9 | (c) Products purchased for the trauma kit, including those | ||||||
10 | products endorsed by the Committee on Tactical Combat Casualty | ||||||
11 | Care, shall, whenever possible, be manufactured in the United | ||||||
12 | States. | ||||||
13 | (Source: P.A. 103-128, eff. 6-30-23.)
| ||||||
14 | (105 ILCS 5/10-20.86) | ||||||
15 | (This Section may contain text from a Public Act with a | ||||||
16 | delayed effective date ) | ||||||
17 | Sec. 10-20.86 10-20.85 . Community input on local | ||||||
18 | assessments. | ||||||
19 | (a) As used in this Section, "district-administered | ||||||
20 | assessment" means an assessment that requires all student test | ||||||
21 | takers at any grade level to answer the same questions, or a | ||||||
22 | selection of questions from a common bank of questions, in the | ||||||
23 | same manner or substantially the same questions in the same | ||||||
24 | manner. The term does not include an observational assessment | ||||||
25 | tool used to satisfy the requirements of Section 2-3.64a-10 of |
| |||||||
| |||||||
1 | this Code or an assessment developed by district teachers or | ||||||
2 | administrators that will be used to measure student progress | ||||||
3 | at an attendance center within the school district. | ||||||
4 | (b) Prior to approving a new contract for any | ||||||
5 | district-administered assessment, a school board must hold a | ||||||
6 | public vote at a regular meeting of the school board, at which | ||||||
7 | the terms of the proposal must be substantially presented and | ||||||
8 | an opportunity for allowing public comments must be provided, | ||||||
9 | subject to applicable notice requirements. However, if the | ||||||
10 | assessment being made available to review is subject to | ||||||
11 | copyright, trademark, or other intellectual property | ||||||
12 | protection, the review process shall include technical and | ||||||
13 | procedural safeguards to ensure that the materials are not | ||||||
14 | able to be widely disseminated to the general public in | ||||||
15 | violation of the intellectual property rights of the publisher | ||||||
16 | and to ensure content validity is not undermined. | ||||||
17 | (Source: P.A. 103-393, eff. 7-1-24; revised 8-30-23.)
| ||||||
18 | (105 ILCS 5/10-22.3f) | ||||||
19 | Sec. 10-22.3f. Required health benefits. Insurance | ||||||
20 | protection and benefits for employees shall provide the | ||||||
21 | post-mastectomy care benefits required to be covered by a | ||||||
22 | policy of accident and health insurance under Section 356t and | ||||||
23 | the coverage required under Sections 356g, 356g.5, 356g.5-1, | ||||||
24 | 356q, 356u, 356w, 356x, 356z.4, 356z.4a, 356z.6, 356z.8, | ||||||
25 | 356z.9, 356z.11, 356z.12, 356z.13, 356z.14, 356z.15, 356z.22, |
| |||||||
| |||||||
1 | 356z.25, 356z.26, 356z.29, 356z.30a, 356z.32, 356z.33, | ||||||
2 | 356z.36, 356z.40, 356z.41, 356z.45, 356z.46, 356z.47, 356z.51, | ||||||
3 | 356z.53, 356z.54, 356z.56, 356z.57, 356z.59, 356z.60, and | ||||||
4 | 356z.61, and 356z.62 , 356z.64, 356z.67, 356z.68, and 356z.70 | ||||||
5 | of the Illinois Insurance Code. Insurance policies shall | ||||||
6 | comply with Section 356z.19 of the Illinois Insurance Code. | ||||||
7 | The coverage shall comply with Sections 155.22a, 355b, and | ||||||
8 | 370c of the Illinois Insurance Code. The Department of | ||||||
9 | Insurance shall enforce the requirements of this Section. | ||||||
10 | Rulemaking authority to implement Public Act 95-1045, if | ||||||
11 | any, is conditioned on the rules being adopted in accordance | ||||||
12 | with all provisions of the Illinois Administrative Procedure | ||||||
13 | Act and all rules and procedures of the Joint Committee on | ||||||
14 | Administrative Rules; any purported rule not so adopted, for | ||||||
15 | whatever reason, is unauthorized. | ||||||
16 | (Source: P.A. 102-30, eff. 1-1-22; 102-103, eff. 1-1-22; | ||||||
17 | 102-203, eff. 1-1-22; 102-306, eff. 1-1-22; 102-642, eff. | ||||||
18 | 1-1-22; 102-665, eff. 10-8-21; 102-731, eff. 1-1-23; 102-804, | ||||||
19 | eff. 1-1-23; 102-813, eff. 5-13-22; 102-816, eff. 1-1-23; | ||||||
20 | 102-860, eff. 1-1-23; 102-1093, eff. 1-1-23; 102-1117, eff. | ||||||
21 | 1-13-23; 103-84, eff. 1-1-24; 103-91, eff. 1-1-24; 103-420, | ||||||
22 | eff. 1-1-24; 103-445, eff. 1-1-24; 103-535, eff. 8-11-23; | ||||||
23 | 103-551, eff. 8-11-23; revised 8-29-23.)
| ||||||
24 | (105 ILCS 5/10-22.36) (from Ch. 122, par. 10-22.36) | ||||||
25 | Sec. 10-22.36. Buildings for school purposes. |
| |||||||
| |||||||
1 | (a) To build or purchase a building for school classroom | ||||||
2 | or instructional purposes upon the approval of a majority of | ||||||
3 | the voters upon the proposition at a referendum held for such | ||||||
4 | purpose or in accordance with Section 17-2.11, 19-3.5, or | ||||||
5 | 19-3.10. The board may initiate such referendum by resolution. | ||||||
6 | The board shall certify the resolution and proposition to the | ||||||
7 | proper election authority for submission in accordance with | ||||||
8 | the general election law. | ||||||
9 | The questions of building one or more new buildings for | ||||||
10 | school purposes or office facilities, and issuing bonds for | ||||||
11 | the purpose of borrowing money to purchase one or more | ||||||
12 | buildings or sites for such buildings or office sites, to | ||||||
13 | build one or more new buildings for school purposes or office | ||||||
14 | facilities or to make additions and improvements to existing | ||||||
15 | school buildings, may be combined into one or more | ||||||
16 | propositions on the ballot. | ||||||
17 | Before erecting, or purchasing or remodeling such a | ||||||
18 | building the board shall submit the plans and specifications | ||||||
19 | respecting heating, ventilating, lighting, seating, water | ||||||
20 | supply, toilets and safety against fire to the regional | ||||||
21 | superintendent of schools having supervision and control over | ||||||
22 | the district, for approval in accordance with Section 2-3.12. | ||||||
23 | Notwithstanding any of the foregoing, no referendum shall | ||||||
24 | be required if the purchase, construction, or building of any | ||||||
25 | such building (1) occurs while the building is being leased by | ||||||
26 | the school district or (2) is paid with (A) funds derived from |
| |||||||
| |||||||
1 | the sale or disposition of other buildings, land, or | ||||||
2 | structures of the school district or (B) funds received (i) as | ||||||
3 | a grant under the School Construction Law or (ii) as gifts or | ||||||
4 | donations, provided that no funds to purchase, construct, or | ||||||
5 | build such building, other than lease payments, are derived | ||||||
6 | from the district's bonded indebtedness or the tax levy of the | ||||||
7 | district. | ||||||
8 | Notwithstanding any of the foregoing, no referendum shall | ||||||
9 | be required if the purchase, construction, or building of any | ||||||
10 | such building is paid with funds received from the County | ||||||
11 | School Facility and Resources Occupation Tax Law under Section | ||||||
12 | 5-1006.7 of the Counties Code or from the proceeds of bonds or | ||||||
13 | other debt obligations secured by revenues obtained from that | ||||||
14 | Law. | ||||||
15 | Notwithstanding any of the foregoing, for Decatur School | ||||||
16 | District Number 61, no referendum shall be required if at | ||||||
17 | least 50% of the cost of the purchase, construction, or | ||||||
18 | building of any such building is paid, or will be paid, with | ||||||
19 | funds received or expected to be received as part of, or | ||||||
20 | otherwise derived from, any COVID-19 pandemic relief program | ||||||
21 | or funding source, including, but not limited to, Elementary | ||||||
22 | and Secondary School Emergency Relief Fund grant proceeds. | ||||||
23 | (b) Notwithstanding the provisions of subsection (a), for | ||||||
24 | any school district: (i) that is a tier 1 school, (ii) that has | ||||||
25 | a population of less than 50,000 inhabitants, (iii) whose | ||||||
26 | student population is between 5,800 and 6,300, (iv) in which |
| |||||||
| |||||||
1 | 57% to 62% of students are low-income, and (v) whose average | ||||||
2 | district spending is between $10,000 to $12,000 per pupil, | ||||||
3 | until July 1, 2025, no referendum shall be required if at least | ||||||
4 | 50% of the cost of the purchase, construction, or building of | ||||||
5 | any such building is paid, or will be paid, with funds received | ||||||
6 | or expected to be received as part of, or otherwise derived | ||||||
7 | from, the federal Consolidated Appropriations Act and the | ||||||
8 | federal American Rescue Plan Act of 2021. | ||||||
9 | For this subsection (b), the school board must hold at | ||||||
10 | least 2 public hearings, the sole purpose of which shall be to | ||||||
11 | discuss the decision to construct a school building and to | ||||||
12 | receive input from the community. The notice of each public | ||||||
13 | hearing that sets forth the time, date, place, and name or | ||||||
14 | description of the school building that the school board is | ||||||
15 | considering constructing must be provided at least 10 days | ||||||
16 | prior to the hearing by publication on the school board's | ||||||
17 | Internet website. | ||||||
18 | (c) Notwithstanding the provisions of subsections | ||||||
19 | subsection (a) and (b), for Cahokia Community Unit School | ||||||
20 | District 187, no referendum shall be required for the lease of | ||||||
21 | any building for school or educational purposes if the cost is | ||||||
22 | paid or will be paid with funds available at the time of the | ||||||
23 | lease in the district's existing fund balances to fund the | ||||||
24 | lease of a building during the 2023-2024 or 2024-2025 school | ||||||
25 | year. | ||||||
26 | For the purposes of this subsection (c), the school board |
| |||||||
| |||||||
1 | must hold at least 2 public hearings, the sole purpose of which | ||||||
2 | shall be to discuss the decision to lease a school building and | ||||||
3 | to receive input from the community. The notice of each public | ||||||
4 | hearing that sets forth the time, date, place, and name or | ||||||
5 | description of the school building that the school board is | ||||||
6 | considering leasing must be provided at least 10 days prior to | ||||||
7 | the hearing by publication on the school district's website. | ||||||
8 | (d) (c) Notwithstanding the provisions of subsections | ||||||
9 | subsection (a) and (b), for Bloomington School District 87, no | ||||||
10 | referendum shall be required for the purchase, construction, | ||||||
11 | or building of any building for school or education purposes | ||||||
12 | if such cost is paid , or will be paid with funds available at | ||||||
13 | the time of contract, purchase, construction, or building in | ||||||
14 | Bloomington School District Number 87's existing fund balances | ||||||
15 | to fund the procurement or requisition of a building or site | ||||||
16 | during the 2022-2023, 2023-2024, or 2024-2025 school year | ||||||
17 | years . | ||||||
18 | For this subsection (d) (c) , the school board must hold at | ||||||
19 | least 2 public hearings, the sole purpose of which shall be to | ||||||
20 | discuss the decision to construct a school building and to | ||||||
21 | receive input from the community. The notice of each public | ||||||
22 | hearing that sets forth the time, date, place, and name or | ||||||
23 | description of the school building that the school board is | ||||||
24 | considering constructing must be provided at least 10 days | ||||||
25 | prior to the hearing by publication on the school board's | ||||||
26 | website. |
| |||||||
| |||||||
1 | (Source: P.A. 102-16, eff. 6-17-21; 102-699, eff. 7-1-22; | ||||||
2 | 103-8, eff. 6-7-23; 103-509, eff. 8-4-23; revised 8-31-23.)
| ||||||
3 | (105 ILCS 5/10-22.39) | ||||||
4 | (Text of Section before amendment by P.A. 103-41 and P.A. | ||||||
5 | 103-542 ) | ||||||
6 | Sec. 10-22.39. In-service training programs. | ||||||
7 | (a) To conduct in-service training programs for teachers. | ||||||
8 | (b) In addition to other topics at in-service training | ||||||
9 | programs, at least once every 2 years, licensed school | ||||||
10 | personnel and administrators who work with pupils in | ||||||
11 | kindergarten through grade 12 shall be trained to identify the | ||||||
12 | warning signs of mental illness, trauma, and suicidal behavior | ||||||
13 | in youth and shall be taught appropriate intervention and | ||||||
14 | referral techniques. A school district may utilize the | ||||||
15 | Illinois Mental Health First Aid training program, established | ||||||
16 | under the Illinois Mental Health First Aid Training Act and | ||||||
17 | administered by certified instructors trained by a national | ||||||
18 | association recognized as an authority in behavioral health, | ||||||
19 | to provide the training and meet the requirements under this | ||||||
20 | subsection. If licensed school personnel or an administrator | ||||||
21 | obtains mental health first aid training outside of an | ||||||
22 | in-service training program, he or she may present a | ||||||
23 | certificate of successful completion of the training to the | ||||||
24 | school district to satisfy the requirements of this | ||||||
25 | subsection. |
| |||||||
| |||||||
1 | Training regarding the implementation of trauma-informed | ||||||
2 | practices satisfies the requirements of this subsection (b). | ||||||
3 | A course of instruction as described in this subsection | ||||||
4 | (b) must include the definitions of trauma, trauma-responsive | ||||||
5 | learning environments, and whole child set forth in subsection | ||||||
6 | (b) of Section 3-11 of this Code and may provide information | ||||||
7 | that is relevant to and within the scope of the duties of | ||||||
8 | licensed school personnel or school administrators. Such | ||||||
9 | information may include, but is not limited to: | ||||||
10 | (1) the recognition of and care for trauma in students | ||||||
11 | and staff; | ||||||
12 | (2) the relationship between educator wellness and | ||||||
13 | student learning; | ||||||
14 | (3) the effect of trauma on student behavior and | ||||||
15 | learning; | ||||||
16 | (4) the prevalence of trauma among students, including | ||||||
17 | the prevalence of trauma among student populations at | ||||||
18 | higher risk of experiencing trauma; | ||||||
19 | (5) the effects of implicit or explicit bias on | ||||||
20 | recognizing trauma among various student groups in | ||||||
21 | connection with race, ethnicity, gender identity, sexual | ||||||
22 | orientation, socio-economic status, and other relevant | ||||||
23 | factors; and | ||||||
24 | (6) effective district practices that are shown to: | ||||||
25 | (A) prevent and mitigate the negative effect of | ||||||
26 | trauma on student behavior and learning; and |
| |||||||
| |||||||
1 | (B) support the emotional wellness of staff. | ||||||
2 | (c) School counselors, nurses, teachers and other school | ||||||
3 | personnel who work with pupils may be trained to have a basic | ||||||
4 | knowledge of matters relating to acquired immunodeficiency | ||||||
5 | syndrome (AIDS), including the nature of the disease, its | ||||||
6 | causes and effects, the means of detecting it and preventing | ||||||
7 | its transmission, and the availability of appropriate sources | ||||||
8 | of counseling and referral, and any other information that may | ||||||
9 | be appropriate considering the age and grade level of such | ||||||
10 | pupils. The School Board shall supervise such training. The | ||||||
11 | State Board of Education and the Department of Public Health | ||||||
12 | shall jointly develop standards for such training. | ||||||
13 | (d) In this subsection (d): | ||||||
14 | "Domestic violence" means abuse by a family or household | ||||||
15 | member, as "abuse" and "family or household members" are | ||||||
16 | defined in Section 103 of the Illinois Domestic Violence Act | ||||||
17 | of 1986. | ||||||
18 | "Sexual violence" means sexual assault, abuse, or stalking | ||||||
19 | of an adult or minor child proscribed in the Criminal Code of | ||||||
20 | 1961 or the Criminal Code of 2012 in Sections 11-1.20, | ||||||
21 | 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-7.3, 12-7.4, 12-7.5, | ||||||
22 | 12-12, 12-13, 12-14, 12-14.1, 12-15, and 12-16, including | ||||||
23 | sexual violence committed by perpetrators who are strangers to | ||||||
24 | the victim and sexual violence committed by perpetrators who | ||||||
25 | are known or related by blood or marriage to the victim. | ||||||
26 | At least once every 2 years, an in-service training |
| |||||||
| |||||||
1 | program for school personnel who work with pupils, including, | ||||||
2 | but not limited to, school and school district administrators, | ||||||
3 | teachers, school social workers, school counselors, school | ||||||
4 | psychologists, and school nurses, must be conducted by persons | ||||||
5 | with expertise in domestic and sexual violence and the needs | ||||||
6 | of expectant and parenting youth and shall include training | ||||||
7 | concerning (i) communicating with and listening to youth | ||||||
8 | victims of domestic or sexual violence and expectant and | ||||||
9 | parenting youth, (ii) connecting youth victims of domestic or | ||||||
10 | sexual violence and expectant and parenting youth to | ||||||
11 | appropriate in-school services and other agencies, programs, | ||||||
12 | and services as needed, and (iii) implementing the school | ||||||
13 | district's policies, procedures, and protocols with regard to | ||||||
14 | such youth, including confidentiality. At a minimum, school | ||||||
15 | personnel must be trained to understand, provide information | ||||||
16 | and referrals, and address issues pertaining to youth who are | ||||||
17 | parents, expectant parents, or victims of domestic or sexual | ||||||
18 | violence. | ||||||
19 | (e) At least every 2 years, an in-service training program | ||||||
20 | for school personnel who work with pupils must be conducted by | ||||||
21 | persons with expertise in anaphylactic reactions and | ||||||
22 | management. | ||||||
23 | (f) At least once every 2 years, a school board shall | ||||||
24 | conduct in-service training on educator ethics, | ||||||
25 | teacher-student conduct, and school employee-student conduct | ||||||
26 | for all personnel. |
| |||||||
| |||||||
1 | (g) At least once every 2 years, a school board shall | ||||||
2 | conduct in-service training for all school district employees | ||||||
3 | on the methods to respond to trauma. The training must include | ||||||
4 | instruction on how to respond to an incident involving | ||||||
5 | life-threatening bleeding and, if applicable, how to use a | ||||||
6 | school's trauma kit. A school board may satisfy the training | ||||||
7 | requirements under this subsection by using the training, | ||||||
8 | including online training, available from the American College | ||||||
9 | of Surgeons or any other similar organization. | ||||||
10 | School district employees who are trained to respond to | ||||||
11 | trauma pursuant to this subsection (g) shall be immune from | ||||||
12 | civil liability in the use of a trauma kit unless the action | ||||||
13 | constitutes willful or wanton misconduct. | ||||||
14 | (Source: P.A. 102-197, eff. 7-30-21; 102-638, eff. 1-1-23; | ||||||
15 | 102-813, eff. 5-13-22; 103-128, eff. 6-30-23; 103-413, eff. | ||||||
16 | 1-1-24; revised 11-27-23.)
| ||||||
17 | (Text of Section after amendment by P.A. 103-542 but | ||||||
18 | before amendment by P.A. 103-41 ) | ||||||
19 | Sec. 10-22.39. In-service training programs. | ||||||
20 | (a) To conduct in-service training programs for teachers, | ||||||
21 | administrators, and school support personnel. | ||||||
22 | (b) In addition to other topics at in-service training | ||||||
23 | programs listed in this Section, teachers, administrators, and | ||||||
24 | school support personnel who work with pupils must be trained | ||||||
25 | in the following topics: health conditions of students; |
| |||||||
| |||||||
1 | social-emotional learning; developing cultural competency; | ||||||
2 | identifying warning signs of mental illness and suicidal | ||||||
3 | behavior in youth; domestic and sexual violence and the needs | ||||||
4 | of expectant and parenting youth; protections and | ||||||
5 | accommodations for students; educator ethics; responding to | ||||||
6 | child sexual abuse and grooming behavior; and effective | ||||||
7 | instruction in violence prevention and conflict resolution. | ||||||
8 | In-service training programs in these topics shall be credited | ||||||
9 | toward hours of professional development required for license | ||||||
10 | renewal as outlined in subsection (e) of Section 21B-45. | ||||||
11 | School support personnel may be exempt from in-service | ||||||
12 | training if the training is not relevant to the work they do. | ||||||
13 | Nurses and school nurses, as defined by Section 10-22.23, | ||||||
14 | are exempt from training required in subsection (b-5). | ||||||
15 | Beginning July 1, 2024, all teachers, administrators, and | ||||||
16 | school support personnel shall complete training as outlined | ||||||
17 | in Section 10-22.39 during an in-service training program | ||||||
18 | conducted by their school board or through other training | ||||||
19 | opportunities, including, but not limited to, institutes under | ||||||
20 | Section 3-11. Such training must be completed within 6 months | ||||||
21 | of employment by a school board and renewed at least once every | ||||||
22 | 5 years, unless required more frequently by other State or | ||||||
23 | federal law or in accordance with this Section. If teachers, | ||||||
24 | administrators, or school support personnel obtain training | ||||||
25 | outside of an in-service training program or from a previous | ||||||
26 | public school district or nonpublic school employer, they may |
| |||||||
| |||||||
1 | present documentation showing current compliance with this | ||||||
2 | subsection to satisfy the requirement of receiving training | ||||||
3 | within 6 months of first being employed. Training may be | ||||||
4 | delivered through online, asynchronous means. | ||||||
5 | (b-5) Training regarding health conditions of students for | ||||||
6 | staff required by this Section shall include, but is not | ||||||
7 | limited to: | ||||||
8 | (1) Chronic health conditions of students. | ||||||
9 | (2) Anaphylactic reactions and management. Such | ||||||
10 | training shall be conducted by persons with expertise in | ||||||
11 | anaphylactic reactions and management. | ||||||
12 | (3) The management of asthma, the prevention of asthma | ||||||
13 | symptoms, and emergency response in the school setting. | ||||||
14 | (4) The basics of seizure recognition and first aid | ||||||
15 | and appropriate emergency protocols. Such training must be | ||||||
16 | fully consistent with the best practice guidelines issued | ||||||
17 | by the Centers for Disease Control and Prevention. | ||||||
18 | (5) The basics of diabetes care, how to identify when | ||||||
19 | a student with diabetes needs immediate or emergency | ||||||
20 | medical attention, and whom to contact in the case of an | ||||||
21 | emergency. | ||||||
22 | (6) Current best practices regarding the | ||||||
23 | identification and treatment of attention deficit | ||||||
24 | hyperactivity disorder. | ||||||
25 | (7) Instruction on how to respond to an incident | ||||||
26 | involving life-threatening bleeding and, if applicable, |
| |||||||
| |||||||
1 | how to use a school's trauma kit. Beginning with the | ||||||
2 | 2024-2025 school year, training on life-threatening | ||||||
3 | bleeding must be completed within 6 months of the employee | ||||||
4 | first being employed by a school board and renewed within | ||||||
5 | 2 years. Beginning with the 2027-2028 school year, the | ||||||
6 | training must be completed within 6 months of the employee | ||||||
7 | first being employed by a school board and renewed at | ||||||
8 | least once every 5 years thereafter. | ||||||
9 | In consultation with professional organizations with | ||||||
10 | expertise in student health issues, including, but not limited | ||||||
11 | to, asthma management, anaphylactic reactions, seizure | ||||||
12 | recognition, and diabetes care, the State Board of Education | ||||||
13 | shall make available resource materials for educating school | ||||||
14 | personnel about student health conditions and emergency | ||||||
15 | response in the school setting. | ||||||
16 | A school board may satisfy the life-threatening bleeding | ||||||
17 | training under this subsection by using the training, | ||||||
18 | including online training, available from the American College | ||||||
19 | of Surgeons or any other similar organization. | ||||||
20 | (b-10) The training regarding social-emotional learning , | ||||||
21 | for staff required by this Section may include, at a minimum, | ||||||
22 | providing education to all school personnel about the content | ||||||
23 | of the Illinois Social and Emotional Learning Standards, how | ||||||
24 | those standards apply to everyday school interactions, and | ||||||
25 | examples of how social emotional learning can be integrated | ||||||
26 | into instructional practices across all grades and subjects. |
| |||||||
| |||||||
1 | (b-15) The training regarding developing cultural | ||||||
2 | competency for staff required by this Section shall include, | ||||||
3 | but is not limited to, understanding and reducing implicit | ||||||
4 | bias, including implicit racial bias. As used in this | ||||||
5 | subsection, "implicit racial bias" has the meaning set forth | ||||||
6 | in Section 10-20.61. | ||||||
7 | (b-20) The training regarding identifying warning signs of | ||||||
8 | mental illness, trauma, and suicidal behavior in youth for | ||||||
9 | staff required by this Section shall include, but is not | ||||||
10 | limited to, appropriate intervention and referral techniques, | ||||||
11 | including resources and guidelines as outlined in Section | ||||||
12 | 2-3.166 , and must include the definitions of trauma, | ||||||
13 | trauma-responsive learning environments, and whole child set | ||||||
14 | forth in subsection (b) of Section 3-11 of this Code . | ||||||
15 | Illinois Mental Health First Aid training, established | ||||||
16 | under the Illinois Mental Health First Aid Training Act, may | ||||||
17 | satisfy the requirements of this subsection. | ||||||
18 | If teachers, administrators, or school support personnel | ||||||
19 | obtain mental health first aid training outside of an | ||||||
20 | in-service training program, they may present a certificate of | ||||||
21 | successful completion of the training to the school district | ||||||
22 | to satisfy the requirements of this subsection. Training | ||||||
23 | regarding the implementation of trauma-informed practices | ||||||
24 | satisfies the requirements of this subsection. | ||||||
25 | (b-25) As used in this subsection: | ||||||
26 | "Domestic violence" means abuse by a family or household |
| |||||||
| |||||||
1 | member, as "abuse" and "family or household members" are | ||||||
2 | defined in Section 103 of the Illinois Domestic Violence Act | ||||||
3 | of 1986. | ||||||
4 | "Sexual violence" means sexual assault, abuse, or stalking | ||||||
5 | of an adult or minor child proscribed in the Criminal Code of | ||||||
6 | 1961 or in Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, | ||||||
7 | 11-1.60, 12-7.3, 12-7.4, 12-7.5, 12-12, 12-13, 12-14, 12-14.1, | ||||||
8 | 12-15, and 12-16 of the Criminal Code of 2012, including | ||||||
9 | sexual violence committed by perpetrators who are strangers to | ||||||
10 | the victim and sexual violence committed by perpetrators who | ||||||
11 | are known or related by blood or marriage to the victim. | ||||||
12 | The training regarding domestic and sexual violence and | ||||||
13 | the needs of expectant and parenting youth for staff required | ||||||
14 | by this Section must be conducted by persons with expertise in | ||||||
15 | domestic and sexual violence and the needs of expectant and | ||||||
16 | parenting youth, and shall include, but is not limited to: | ||||||
17 | (1) communicating with and listening to youth victims | ||||||
18 | of domestic or sexual violence and expectant and parenting | ||||||
19 | youth; | ||||||
20 | (2) connecting youth victims of domestic or sexual | ||||||
21 | violence and expectant and parenting youth to appropriate | ||||||
22 | in-school services and other agencies, programs, and | ||||||
23 | services as needed; | ||||||
24 | (3) implementing the school district's policies, | ||||||
25 | procedures, and protocols with regard to such youth, | ||||||
26 | including confidentiality ; at . At a minimum, school |
| |||||||
| |||||||
1 | personnel must be trained to understand, provide | ||||||
2 | information and referrals, and address issues pertaining | ||||||
3 | to youth who are parents, expectant parents, or victims of | ||||||
4 | domestic or sexual violence; and | ||||||
5 | (4) procedures for responding to incidents of teen | ||||||
6 | dating violence that take place at the school, on school | ||||||
7 | grounds, at school-sponsored activities, or in vehicles | ||||||
8 | used for school-provided transportation as outlined in | ||||||
9 | Section 3.10 of the Critical Health Problems and | ||||||
10 | Comprehensive Health Education Act. | ||||||
11 | (b-30) The training regarding protections and | ||||||
12 | accommodations for students shall include, but is not limited | ||||||
13 | to, instruction on the federal Americans with Disabilities | ||||||
14 | Act, as it pertains to the school environment, and | ||||||
15 | homelessness. Beginning with the 2024-2025 school year, | ||||||
16 | training on homelessness must be completed within 6 months of | ||||||
17 | an employee first being employed by a school board and renewed | ||||||
18 | within 2 years. Beginning with the 2027-2028 school year, the | ||||||
19 | training must be completed within 6 months of the employee | ||||||
20 | first being employed by a school board and renewed at least | ||||||
21 | once every 5 years thereafter. Training on homelessness shall | ||||||
22 | include the following: | ||||||
23 | (1) the definition of homeless children and youths | ||||||
24 | under 42 U.S.C. 11434a; | ||||||
25 | (2) the signs of homelessness and housing insecurity; | ||||||
26 | (3) the rights of students experiencing homelessness |
| |||||||
| |||||||
1 | under State and federal law; | ||||||
2 | (4) the steps to take when a homeless or | ||||||
3 | housing-insecure student is identified; and | ||||||
4 | (5) the appropriate referral techniques, including the | ||||||
5 | name and contact number of the school or school district | ||||||
6 | homeless liaison. | ||||||
7 | School boards may work with a community-based organization | ||||||
8 | that specializes in working with homeless children and youth | ||||||
9 | to develop and provide the training. | ||||||
10 | (b-35) The training regarding educator ethics and | ||||||
11 | responding to child sexual abuse and grooming behavior shall | ||||||
12 | include, but is not limited to, teacher-student conduct, | ||||||
13 | school employee-student conduct, and evidence-informed | ||||||
14 | training on preventing, recognizing, reporting, and responding | ||||||
15 | to child sexual abuse and grooming as outlined in Section | ||||||
16 | 10-23.13. | ||||||
17 | (b-40) The training regarding effective instruction in | ||||||
18 | violence prevention and conflict resolution required by this | ||||||
19 | Section shall be conducted in accordance with the requirements | ||||||
20 | of Section 27-23.4. | ||||||
21 | (b-45) (c) Beginning July 1, 2024, all nonpublic | ||||||
22 | elementary and secondary school teachers, administrators, and | ||||||
23 | school support personnel shall complete the training set forth | ||||||
24 | in subsection (b-5). Training must be completed within 6 | ||||||
25 | months of first being employed by a nonpublic school and | ||||||
26 | renewed at least once every 5 years, unless required more |
| |||||||
| |||||||
1 | frequently by other State or federal law. If nonpublic | ||||||
2 | teachers, administrators, or school support personnel obtain | ||||||
3 | training from a public school district or nonpublic school | ||||||
4 | employer, the teacher, administrator, or school support | ||||||
5 | personnel may present documentation to the nonpublic school | ||||||
6 | showing current compliance with this subsection to satisfy the | ||||||
7 | requirement of receiving training within 6 months of first | ||||||
8 | being employed. must include the definitions of trauma, | ||||||
9 | trauma-responsive learning environments, and whole child set | ||||||
10 | forth in subsection (b) of Section 3-11 of this Code and | ||||||
11 | (c) (Blank). | ||||||
12 | (d) (Blank). | ||||||
13 | (e) (Blank). | ||||||
14 | (f) (Blank). | ||||||
15 | (g) At least once every 2 years, a school board shall | ||||||
16 | conduct in-service training for all school district employees | ||||||
17 | on the methods to respond to trauma. The training must include | ||||||
18 | instruction on how to respond to an incident involving | ||||||
19 | life-threatening bleeding and, if applicable, how to use a | ||||||
20 | school's trauma kit. A school board may satisfy the training | ||||||
21 | requirements under this subsection by using the training, | ||||||
22 | including online training, available from the American College | ||||||
23 | of Surgeons or any other similar organization. | ||||||
24 | School district employees who are trained to respond to | ||||||
25 | trauma pursuant to this subsection (g) shall be immune from | ||||||
26 | civil liability in the use of a trauma kit unless the action |
| |||||||
| |||||||
1 | constitutes willful or wanton misconduct. | ||||||
2 | (Source: P.A. 102-197, eff. 7-30-21; 102-638, eff. 1-1-23; | ||||||
3 | 102-813, eff. 5-13-22; 103-128, eff. 6-30-23; 103-413, eff. | ||||||
4 | 1-1-24; 103-542, eff. 7-1-24 (see Section 905 of P.A. 103-563 | ||||||
5 | for effective date of P.A. 103-542); revised 11-27-23.)
| ||||||
6 | (Text of Section after amendment by P.A. 103-41 ) | ||||||
7 | Sec. 10-22.39. In-service training programs. | ||||||
8 | (a) To conduct in-service training programs for teachers, | ||||||
9 | administrators, and school support personnel. | ||||||
10 | (b) In addition to other topics at in-service training | ||||||
11 | programs listed in this Section, teachers, administrators, and | ||||||
12 | school support personnel who work with pupils must be trained | ||||||
13 | in the following topics: health conditions of students; | ||||||
14 | social-emotional learning; developing cultural competency; | ||||||
15 | identifying warning signs of mental illness and suicidal | ||||||
16 | behavior in youth; domestic and sexual violence and the needs | ||||||
17 | of expectant and parenting youth; protections and | ||||||
18 | accommodations for students; educator ethics; responding to | ||||||
19 | child sexual abuse and grooming behavior; and effective | ||||||
20 | instruction in violence prevention and conflict resolution. | ||||||
21 | In-service training programs in these topics shall be credited | ||||||
22 | toward hours of professional development required for license | ||||||
23 | renewal as outlined in subsection (e) of Section 21B-45. | ||||||
24 | School support personnel may be exempt from in-service | ||||||
25 | training if the training is not relevant to the work they do. |
| |||||||
| |||||||
1 | Nurses and school nurses, as defined by Section 10-22.23, | ||||||
2 | are exempt from training required in subsection (b-5). | ||||||
3 | Beginning July 1, 2024, all teachers, administrators, and | ||||||
4 | school support personnel shall complete training as outlined | ||||||
5 | in Section 10-22.39 during an in-service training program | ||||||
6 | conducted by their school board or through other training | ||||||
7 | opportunities, including, but not limited to, institutes under | ||||||
8 | Section 3-11. Such training must be completed within 6 months | ||||||
9 | of employment by a school board and renewed at least once every | ||||||
10 | 5 years, unless required more frequently by other State or | ||||||
11 | federal law or in accordance with this Section. If teachers, | ||||||
12 | administrators, or school support personnel obtain training | ||||||
13 | outside of an in-service training program or from a previous | ||||||
14 | public school district or nonpublic school employer, they may | ||||||
15 | present documentation showing current compliance with this | ||||||
16 | subsection to satisfy the requirement of receiving training | ||||||
17 | within 6 months of first being employed. Training may be | ||||||
18 | delivered through online, asynchronous means. | ||||||
19 | (b-5) Training regarding health conditions of students for | ||||||
20 | staff required by this Section shall include, but is not | ||||||
21 | limited to: | ||||||
22 | (1) Chronic health conditions of students. | ||||||
23 | (2) Anaphylactic reactions and management. Such | ||||||
24 | training shall be conducted by persons with expertise in | ||||||
25 | anaphylactic reactions and management. | ||||||
26 | (3) The management of asthma, the prevention of asthma |
| |||||||
| |||||||
1 | symptoms, and emergency response in the school setting. | ||||||
2 | (4) The basics of seizure recognition and first aid | ||||||
3 | and appropriate emergency protocols. Such training must be | ||||||
4 | fully consistent with the best practice guidelines issued | ||||||
5 | by the Centers for Disease Control and Prevention. | ||||||
6 | (5) The basics of diabetes care, how to identify when | ||||||
7 | a student with diabetes needs immediate or emergency | ||||||
8 | medical attention, and whom to contact in the case of an | ||||||
9 | emergency. | ||||||
10 | (6) Current best practices regarding the | ||||||
11 | identification and treatment of attention deficit | ||||||
12 | hyperactivity disorder. | ||||||
13 | (7) Instruction on how to respond to an incident | ||||||
14 | involving life-threatening bleeding and, if applicable, | ||||||
15 | how to use a school's trauma kit. Beginning with the | ||||||
16 | 2024-2025 school year, training on life-threatening | ||||||
17 | bleeding must be completed within 6 months of the employee | ||||||
18 | first being employed by a school board and renewed within | ||||||
19 | 2 years. Beginning with the 2027-2028 school year, the | ||||||
20 | training must be completed within 6 months of the employee | ||||||
21 | first being employed by a school board and renewed at | ||||||
22 | least once every 5 years thereafter. | ||||||
23 | In consultation with professional organizations with | ||||||
24 | expertise in student health issues, including, but not limited | ||||||
25 | to, asthma management, anaphylactic reactions, seizure | ||||||
26 | recognition, and diabetes care, the State Board of Education |
| |||||||
| |||||||
1 | shall make available resource materials for educating school | ||||||
2 | personnel about student health conditions and emergency | ||||||
3 | response in the school setting. | ||||||
4 | A school board may satisfy the life-threatening bleeding | ||||||
5 | training under this subsection by using the training, | ||||||
6 | including online training, available from the American College | ||||||
7 | of Surgeons or any other similar organization. | ||||||
8 | (b-10) The training regarding social-emotional learning , | ||||||
9 | for staff required by this Section may include, at a minimum, | ||||||
10 | providing education to all school personnel about the content | ||||||
11 | of the Illinois Social and Emotional Learning Standards, how | ||||||
12 | those standards apply to everyday school interactions, and | ||||||
13 | examples of how social emotional learning can be integrated | ||||||
14 | into instructional practices across all grades and subjects. | ||||||
15 | (b-15) The training regarding developing cultural | ||||||
16 | competency for staff required by this Section shall include, | ||||||
17 | but is not limited to, understanding and reducing implicit | ||||||
18 | bias, including implicit racial bias. As used in this | ||||||
19 | subsection, "implicit racial bias" has the meaning set forth | ||||||
20 | in Section 10-20.61. | ||||||
21 | (b-20) The training regarding identifying warning signs of | ||||||
22 | mental illness, trauma, and suicidal behavior in youth for | ||||||
23 | staff required by this Section shall include, but is not | ||||||
24 | limited to, appropriate intervention and referral techniques, | ||||||
25 | including resources and guidelines as outlined in Section | ||||||
26 | 2-3.166 , and must include the definitions of trauma, |
| |||||||
| |||||||
1 | trauma-responsive learning environments, and whole child set | ||||||
2 | forth in subsection (b) of Section 3-11 of this Code . | ||||||
3 | Illinois Mental Health First Aid training, established | ||||||
4 | under the Illinois Mental Health First Aid Training Act, may | ||||||
5 | satisfy the requirements of this subsection. | ||||||
6 | If teachers, administrators, or school support personnel | ||||||
7 | obtain mental health first aid training outside of an | ||||||
8 | in-service training program, they may present a certificate of | ||||||
9 | successful completion of the training to the school district | ||||||
10 | to satisfy the requirements of this subsection. Training | ||||||
11 | regarding the implementation of trauma-informed practices | ||||||
12 | satisfies the requirements of this subsection. | ||||||
13 | (b-25) As used in this subsection: | ||||||
14 | "Domestic violence" means abuse by a family or household | ||||||
15 | member, as "abuse" and "family or household members" are | ||||||
16 | defined in Section 103 of the Illinois Domestic Violence Act | ||||||
17 | of 1986. | ||||||
18 | "Sexual violence" means sexual assault, abuse, or stalking | ||||||
19 | of an adult or minor child proscribed in the Criminal Code of | ||||||
20 | 1961 or in Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, | ||||||
21 | 11-1.60, 12-7.3, 12-7.4, 12-7.5, 12-12, 12-13, 12-14, 12-14.1, | ||||||
22 | 12-15, and 12-16 of the Criminal Code of 2012, including | ||||||
23 | sexual violence committed by perpetrators who are strangers to | ||||||
24 | the victim and sexual violence committed by perpetrators who | ||||||
25 | are known or related by blood or marriage to the victim. | ||||||
26 | The training regarding domestic and sexual violence and |
| |||||||
| |||||||
1 | the needs of expectant and parenting youth for staff required | ||||||
2 | by this Section must be conducted by persons with expertise in | ||||||
3 | domestic and sexual violence and the needs of expectant and | ||||||
4 | parenting youth, and shall include, but is not limited to: | ||||||
5 | (1) communicating with and listening to youth victims | ||||||
6 | of domestic or sexual violence and expectant and parenting | ||||||
7 | youth; | ||||||
8 | (2) connecting youth victims of domestic or sexual | ||||||
9 | violence and expectant and parenting youth to appropriate | ||||||
10 | in-school services and other agencies, programs, and | ||||||
11 | services as needed; | ||||||
12 | (3) implementing the school district's policies, | ||||||
13 | procedures, and protocols with regard to such youth, | ||||||
14 | including confidentiality ; at . At a minimum, school | ||||||
15 | personnel must be trained to understand, provide | ||||||
16 | information and referrals, and address issues pertaining | ||||||
17 | to youth who are parents, expectant parents, or victims of | ||||||
18 | domestic or sexual violence; and | ||||||
19 | (4) procedures for responding to incidents of teen | ||||||
20 | dating violence that take place at the school, on school | ||||||
21 | grounds, at school-sponsored activities, or in vehicles | ||||||
22 | used for school-provided transportation as outlined in | ||||||
23 | Section 3.10 of the Critical Health Problems and | ||||||
24 | Comprehensive Health Education Act. | ||||||
25 | (b-30) The training regarding protections and | ||||||
26 | accommodations for students shall include, but is not limited |
| |||||||
| |||||||
1 | to, instruction on the federal Americans with Disabilities | ||||||
2 | Act, as it pertains to the school environment, and | ||||||
3 | homelessness. Beginning with the 2024-2025 school year, | ||||||
4 | training on homelessness must be completed within 6 months of | ||||||
5 | an employee first being employed by a school board and renewed | ||||||
6 | within 2 years. Beginning with the 2027-2028 school year, the | ||||||
7 | training must be completed within 6 months of the employee | ||||||
8 | first being employed by a school board and renewed at least | ||||||
9 | once every 5 years thereafter. Training on homelessness shall | ||||||
10 | include the following: | ||||||
11 | (1) the definition of homeless children and youths | ||||||
12 | under 42 U.S.C. 11434a; | ||||||
13 | (2) the signs of homelessness and housing insecurity; | ||||||
14 | (3) the rights of students experiencing homelessness | ||||||
15 | under State and federal law; | ||||||
16 | (4) the steps to take when a homeless or | ||||||
17 | housing-insecure student is identified; and | ||||||
18 | (5) the appropriate referral techniques, including the | ||||||
19 | name and contact number of the school or school district | ||||||
20 | homeless liaison. | ||||||
21 | School boards may work with a community-based organization | ||||||
22 | that specializes in working with homeless children and youth | ||||||
23 | to develop and provide the training. | ||||||
24 | (b-35) The training regarding educator ethics and | ||||||
25 | responding to child sexual abuse and grooming behavior shall | ||||||
26 | include, but is not limited to, teacher-student conduct, |
| |||||||
| |||||||
1 | school employee-student conduct, and evidence-informed | ||||||
2 | training on preventing, recognizing, reporting, and responding | ||||||
3 | to child sexual abuse and grooming as outlined in Section | ||||||
4 | 10-23.13. | ||||||
5 | (b-40) The training regarding effective instruction in | ||||||
6 | violence prevention and conflict resolution required by this | ||||||
7 | Section shall be conducted in accordance with the requirements | ||||||
8 | of Section 27-23.4. | ||||||
9 | (b-45) (c) Beginning July 1, 2024, all nonpublic | ||||||
10 | elementary and secondary school teachers, administrators, and | ||||||
11 | school support personnel shall complete the training set forth | ||||||
12 | in subsection (b-5). Training must be completed within 6 | ||||||
13 | months of first being employed by a nonpublic school and | ||||||
14 | renewed at least once every 5 years, unless required more | ||||||
15 | frequently by other State or federal law. If nonpublic | ||||||
16 | teachers, administrators, or school support personnel obtain | ||||||
17 | training from a public school district or nonpublic school | ||||||
18 | employer, the teacher, administrator, or school support | ||||||
19 | personnel may present documentation to the nonpublic school | ||||||
20 | showing current compliance with this subsection to satisfy the | ||||||
21 | requirement of receiving training within 6 months of first | ||||||
22 | being employed. must include the definitions of trauma, | ||||||
23 | trauma-responsive learning environments, and whole child set | ||||||
24 | forth in subsection (b) of Section 3-11 of this Code and | ||||||
25 | (c) (Blank). | ||||||
26 | (d) (Blank). |
| |||||||
| |||||||
1 | (e) (Blank). | ||||||
2 | (f) (Blank). | ||||||
3 | (g) At least once every 2 years, a school board shall | ||||||
4 | conduct in-service training for all school district employees | ||||||
5 | on the methods to respond to trauma. The training must include | ||||||
6 | instruction on how to respond to an incident involving | ||||||
7 | life-threatening bleeding and, if applicable, how to use a | ||||||
8 | school's trauma kit. A school board may satisfy the training | ||||||
9 | requirements under this subsection by using the training, | ||||||
10 | including online training, available from the American College | ||||||
11 | of Surgeons or any other similar organization. | ||||||
12 | School district employees who are trained to respond to | ||||||
13 | trauma pursuant to this subsection (g) shall be immune from | ||||||
14 | civil liability in the use of a trauma kit unless the action | ||||||
15 | constitutes willful or wanton misconduct. | ||||||
16 | (h) (g) At least once every 2 years, a school board shall | ||||||
17 | conduct in-service training on homelessness for all school | ||||||
18 | personnel. The training shall include: | ||||||
19 | (1) the definition of homeless children and youth | ||||||
20 | under Section 11434a of Title 42 of the United States | ||||||
21 | Code; | ||||||
22 | (2) the signs of homelessness and housing insecurity; | ||||||
23 | (3) the rights of students experiencing homelessness | ||||||
24 | under State and federal law; | ||||||
25 | (4) the steps to take when a homeless or | ||||||
26 | housing-insecure student is identified; and |
| |||||||
| |||||||
1 | (5) the appropriate referral techniques, including the | ||||||
2 | name and contact number of the school or school district | ||||||
3 | homeless liaison. | ||||||
4 | A school board may work with a community-based | ||||||
5 | organization that specializes in working with homeless | ||||||
6 | children and youth to develop and provide the training. | ||||||
7 | (Source: P.A. 102-197, eff. 7-30-21; 102-638, eff. 1-1-23; | ||||||
8 | 102-813, eff. 5-13-22; 103-41, eff. 8-20-24; 103-128, eff. | ||||||
9 | 6-30-23; 103-413, eff. 1-1-24; 103-542, eff. 7-1-24 (see | ||||||
10 | Section 905 of P.A. 103-563 for effective date of P.A. | ||||||
11 | 103-542); revised 11-27-23.)
| ||||||
12 | (105 ILCS 5/14-7.02) (from Ch. 122, par. 14-7.02) | ||||||
13 | Sec. 14-7.02. Children attending private schools, public | ||||||
14 | out-of-state schools, public school residential facilities or | ||||||
15 | private special education facilities. | ||||||
16 | (a) The General Assembly recognizes that non-public | ||||||
17 | schools or special education facilities provide an important | ||||||
18 | service in the educational system in Illinois. | ||||||
19 | (b) If a student's individualized education program (IEP) | ||||||
20 | team determines that because of his or her disability the | ||||||
21 | special education program of a district is unable to meet the | ||||||
22 | needs of the child and the child attends a non-public school or | ||||||
23 | special education facility, a public out-of-state school or a | ||||||
24 | special education facility owned and operated by a county | ||||||
25 | government unit that provides special educational services |
| |||||||
| |||||||
1 | required by the child and is in compliance with the | ||||||
2 | appropriate rules and regulations of the State Superintendent | ||||||
3 | of Education, the school district in which the child is a | ||||||
4 | resident shall pay the actual cost of tuition for special | ||||||
5 | education and related services provided during the regular | ||||||
6 | school term and during the summer school term if the child's | ||||||
7 | educational needs so require, excluding room, board and | ||||||
8 | transportation costs charged the child by that non-public | ||||||
9 | school or special education facility, public out-of-state | ||||||
10 | school or county special education facility, or $4,500 per | ||||||
11 | year, whichever is less, and shall provide him any necessary | ||||||
12 | transportation. "Nonpublic special education facility" shall | ||||||
13 | include a residential facility, within or without the State of | ||||||
14 | Illinois, which provides special education and related | ||||||
15 | services to meet the needs of the child by utilizing private | ||||||
16 | schools or public schools, whether located on the site or off | ||||||
17 | the site of the residential facility. Resident district | ||||||
18 | financial responsibility and reimbursement applies for both | ||||||
19 | nonpublic special education facilities that are approved by | ||||||
20 | the State Board of Education pursuant to 23 Ill. Adm. Code 401 | ||||||
21 | or other applicable laws or rules and for emergency | ||||||
22 | residential placements in nonpublic special education | ||||||
23 | facilities that are not approved by the State Board of | ||||||
24 | Education pursuant to 23 Ill. Adm. Code 401 or other | ||||||
25 | applicable laws or rules, subject to the requirements of this | ||||||
26 | Section. |
| |||||||
| |||||||
1 | (c) Prior to the placement of a child in an out-of-state | ||||||
2 | special education residential facility, the school district | ||||||
3 | must refer to the child or the child's parent or guardian the | ||||||
4 | option to place the child in a special education residential | ||||||
5 | facility located within this State, if any, that provides | ||||||
6 | treatment and services comparable to those provided by the | ||||||
7 | out-of-state special education residential facility. The | ||||||
8 | school district must review annually the placement of a child | ||||||
9 | in an out-of-state special education residential facility. As | ||||||
10 | a part of the review, the school district must refer to the | ||||||
11 | child or the child's parent or guardian the option to place the | ||||||
12 | child in a comparable special education residential facility | ||||||
13 | located within this State, if any. | ||||||
14 | (c-5) Before a provider that operates a nonpublic special | ||||||
15 | education facility terminates a student's placement in that | ||||||
16 | facility, the provider must request an IEP meeting from the | ||||||
17 | contracting school district. If the provider elects to | ||||||
18 | terminate the student's placement following the IEP meeting, | ||||||
19 | the provider must give written notice to this effect to the | ||||||
20 | parent or guardian, the contracting public school district, | ||||||
21 | and the State Board of Education no later than 20 business days | ||||||
22 | before the date of termination, unless the health and safety | ||||||
23 | of any student are endangered. The notice must include the | ||||||
24 | detailed reasons for the termination and any actions taken to | ||||||
25 | address the reason for the termination. | ||||||
26 | (d) Payments shall be made by the resident school district |
| |||||||
| |||||||
1 | to the entity providing the educational services, whether the | ||||||
2 | entity is the nonpublic special education facility or the | ||||||
3 | school district wherein the facility is located, no less than | ||||||
4 | once per quarter, unless otherwise agreed to in writing by the | ||||||
5 | parties. | ||||||
6 | (e) A school district may residentially place a student in | ||||||
7 | a nonpublic special education facility providing educational | ||||||
8 | services, but not approved by the State Board of Education | ||||||
9 | pursuant to 23 Ill. Adm. Code 401 or other applicable laws or | ||||||
10 | rules, provided that the State Board of Education provides an | ||||||
11 | emergency and student-specific approval for residential | ||||||
12 | placement. The State Board of Education shall promptly, within | ||||||
13 | 10 days after the request, approve a request for emergency and | ||||||
14 | student-specific approval for residential placement if the | ||||||
15 | following have been demonstrated to the State Board of | ||||||
16 | Education: | ||||||
17 | (1) the facility demonstrates appropriate licensure of | ||||||
18 | teachers for the student population; | ||||||
19 | (2) the facility demonstrates age-appropriate | ||||||
20 | curriculum; | ||||||
21 | (3) the facility provides enrollment and attendance | ||||||
22 | data; | ||||||
23 | (4) the facility demonstrates the ability to implement | ||||||
24 | the child's IEP; and | ||||||
25 | (5) the school district demonstrates that it made good | ||||||
26 | faith efforts to residentially place the student in an |
| |||||||
| |||||||
1 | approved facility, but no approved facility has accepted | ||||||
2 | the student or has availability for immediate residential | ||||||
3 | placement of the student. | ||||||
4 | A resident school district may also submit such proof to the | ||||||
5 | State Board of Education as may be required for its student. | ||||||
6 | The State Board of Education may not unreasonably withhold | ||||||
7 | approval once satisfactory proof is provided to the State | ||||||
8 | Board. | ||||||
9 | (f) If an impartial due process hearing officer who is | ||||||
10 | contracted by the State Board of Education pursuant to this | ||||||
11 | Article orders placement of a student with a disability in a | ||||||
12 | residential facility that is not approved by the State Board | ||||||
13 | of Education, then, for purposes of this Section, the facility | ||||||
14 | shall be deemed approved for placement and school district | ||||||
15 | payments and State reimbursements shall be made accordingly. | ||||||
16 | (g) Emergency residential placement in a facility approved | ||||||
17 | pursuant to subsection (e) or (f) may continue to be utilized | ||||||
18 | so long as (i) the student's IEP team determines annually that | ||||||
19 | such placement continues to be appropriate to meet the | ||||||
20 | student's needs and (ii) at least every 3 years following the | ||||||
21 | student's residential placement, the IEP team reviews | ||||||
22 | appropriate placements approved by the State Board of | ||||||
23 | Education pursuant to 23 Ill. Adm. Code 401 or other | ||||||
24 | applicable laws or rules to determine whether there are any | ||||||
25 | approved placements that can meet the student's needs, have | ||||||
26 | accepted the student, and have availability for placement of |
| |||||||
| |||||||
1 | the student. | ||||||
2 | (h) The State Board of Education shall promulgate rules | ||||||
3 | and regulations for determining when placement in a private | ||||||
4 | special education facility is appropriate. Such rules and | ||||||
5 | regulations shall take into account the various types of | ||||||
6 | services needed by a child and the availability of such | ||||||
7 | services to the particular child in the public school. In | ||||||
8 | developing these rules and regulations the State Board of | ||||||
9 | Education shall consult with the Advisory Council on Education | ||||||
10 | of Children with Disabilities and hold public hearings to | ||||||
11 | secure recommendations from parents, school personnel, and | ||||||
12 | others concerned about this matter. | ||||||
13 | The State Board of Education shall also promulgate rules | ||||||
14 | and regulations for transportation to and from a residential | ||||||
15 | school. Transportation to and from home to a residential | ||||||
16 | school more than once each school term shall be subject to | ||||||
17 | prior approval by the State Superintendent in accordance with | ||||||
18 | the rules and regulations of the State Board. | ||||||
19 | (i) A school district making tuition payments pursuant to | ||||||
20 | this Section is eligible for reimbursement from the State for | ||||||
21 | the amount of such payments actually made in excess of the | ||||||
22 | district per capita tuition charge for students not receiving | ||||||
23 | special education services. Such reimbursement shall be | ||||||
24 | approved in accordance with Section 14-12.01 and each district | ||||||
25 | shall file its claims, computed in accordance with rules | ||||||
26 | prescribed by the State Board of Education, on forms |
| |||||||
| |||||||
1 | prescribed by the State Superintendent of Education. Data used | ||||||
2 | as a basis of reimbursement claims shall be for the preceding | ||||||
3 | regular school term and summer school term. Each school | ||||||
4 | district shall transmit its claims to the State Board of | ||||||
5 | Education on or before August 15. The State Board of | ||||||
6 | Education, before approving any such claims, shall determine | ||||||
7 | their accuracy and whether they are based upon services and | ||||||
8 | facilities provided under approved programs. Upon approval the | ||||||
9 | State Board shall cause vouchers to be prepared showing the | ||||||
10 | amount due for payment of reimbursement claims to school | ||||||
11 | districts, for transmittal to the State Comptroller on the | ||||||
12 | 30th day of September, December, and March, respectively, and | ||||||
13 | the final voucher, no later than June 20. If the money | ||||||
14 | appropriated by the General Assembly for such purpose for any | ||||||
15 | year is insufficient, it shall be apportioned on the basis of | ||||||
16 | the claims approved. | ||||||
17 | (j) No child shall be placed in a special education | ||||||
18 | program pursuant to this Section if the tuition cost for | ||||||
19 | special education and related services increases more than 10 | ||||||
20 | percent over the tuition cost for the previous school year or | ||||||
21 | exceeds $4,500 per year unless such costs have been approved | ||||||
22 | by the Illinois Purchased Care Review Board. The Illinois | ||||||
23 | Purchased Care Review Board shall consist of the following | ||||||
24 | persons, or their designees: the Directors of Children and | ||||||
25 | Family Services, Public Health, Public Aid, and the Governor's | ||||||
26 | Office of Management and Budget; the Secretary of Human |
| |||||||
| |||||||
1 | Services; the State Superintendent of Education; and such | ||||||
2 | other persons as the Governor may designate. The Review Board | ||||||
3 | shall also consist of one non-voting member who is an | ||||||
4 | administrator of a private, nonpublic, special education | ||||||
5 | school. The Review Board shall establish rules and regulations | ||||||
6 | for its determination of allowable costs and payments made by | ||||||
7 | local school districts for special education, room and board, | ||||||
8 | and other related services provided by non-public schools or | ||||||
9 | special education facilities and shall establish uniform | ||||||
10 | standards and criteria which it shall follow. The Review Board | ||||||
11 | shall approve the usual and customary rate or rates of a | ||||||
12 | special education program that (i) is offered by an | ||||||
13 | out-of-state, non-public provider of integrated autism | ||||||
14 | specific educational and autism specific residential services, | ||||||
15 | (ii) offers 2 or more levels of residential care, including at | ||||||
16 | least one locked facility, and (iii) serves 12 or fewer | ||||||
17 | Illinois students. | ||||||
18 | (k) In determining rates based on allowable costs, the | ||||||
19 | Review Board shall consider any wage increases awarded by the | ||||||
20 | General Assembly to front line personnel defined as direct | ||||||
21 | support persons, aides, front-line supervisors, qualified | ||||||
22 | intellectual disabilities professionals, nurses, and | ||||||
23 | non-administrative support staff working in service settings | ||||||
24 | in community-based settings within the State and adjust | ||||||
25 | customary rates or rates of a special education program to be | ||||||
26 | equitable to the wage increase awarded to similar staff |
| |||||||
| |||||||
1 | positions in a community residential setting. Any wage | ||||||
2 | increase awarded by the General Assembly to front line | ||||||
3 | personnel defined as direct support persons, aides, front-line | ||||||
4 | supervisors, qualified intellectual disabilities | ||||||
5 | professionals, nurses, and non-administrative support staff | ||||||
6 | working in community-based settings within the State, | ||||||
7 | including the $0.75 per hour increase contained in Public Act | ||||||
8 | 100-23 and the $0.50 per hour increase included in Public Act | ||||||
9 | 100-23, shall also be a basis for any facility covered by this | ||||||
10 | Section to appeal its rate before the Review Board under the | ||||||
11 | process defined in Title 89, Part 900, Section 340 of the | ||||||
12 | Illinois Administrative Code. Illinois Administrative Code | ||||||
13 | Title 89, Part 900, Section 342 shall be updated to recognize | ||||||
14 | wage increases awarded to community-based settings to be a | ||||||
15 | basis for appeal. However, any wage increase that is captured | ||||||
16 | upon appeal from a previous year shall not be counted by the | ||||||
17 | Review Board as revenue for the purpose of calculating a | ||||||
18 | facility's future rate. | ||||||
19 | (l) Any definition used by the Review Board in | ||||||
20 | administrative rule or policy to define "related | ||||||
21 | organizations" shall include any and all exceptions contained | ||||||
22 | in federal law or regulation as it pertains to the federal | ||||||
23 | definition of "related organizations". | ||||||
24 | (m) The Review Board shall establish uniform definitions | ||||||
25 | and criteria for accounting separately by special education, | ||||||
26 | room and board and other related services costs. The Board |
| |||||||
| |||||||
1 | shall also establish guidelines for the coordination of | ||||||
2 | services and financial assistance provided by all State | ||||||
3 | agencies to assure that no otherwise qualified child with a | ||||||
4 | disability receiving services under Article 14 shall be | ||||||
5 | excluded from participation in, be denied the benefits of or | ||||||
6 | be subjected to discrimination under any program or activity | ||||||
7 | provided by any State agency. | ||||||
8 | (n) The Review Board shall review the costs for special | ||||||
9 | education and related services provided by non-public schools | ||||||
10 | or special education facilities and shall approve or | ||||||
11 | disapprove such facilities in accordance with the rules and | ||||||
12 | regulations established by it with respect to allowable costs. | ||||||
13 | (o) The State Board of Education shall provide | ||||||
14 | administrative and staff support for the Review Board as | ||||||
15 | deemed reasonable by the State Superintendent of Education. | ||||||
16 | This support shall not include travel expenses or other | ||||||
17 | compensation for any Review Board member other than the State | ||||||
18 | Superintendent of Education. | ||||||
19 | (p) The Review Board shall seek the advice of the Advisory | ||||||
20 | Council on Education of Children with Disabilities on the | ||||||
21 | rules and regulations to be promulgated by it relative to | ||||||
22 | providing special education services. | ||||||
23 | (q) If a child has been placed in a program in which the | ||||||
24 | actual per pupil costs of tuition for special education and | ||||||
25 | related services based on program enrollment, excluding room, | ||||||
26 | board and transportation costs, exceed $4,500 and such costs |
| |||||||
| |||||||
1 | have been approved by the Review Board, the district shall pay | ||||||
2 | such total costs which exceed $4,500. A district making such | ||||||
3 | tuition payments in excess of $4,500 pursuant to this Section | ||||||
4 | shall be responsible for an amount in excess of $4,500 equal to | ||||||
5 | the district per capita tuition charge and shall be eligible | ||||||
6 | for reimbursement from the State for the amount of such | ||||||
7 | payments actually made in excess of the districts per capita | ||||||
8 | tuition charge for students not receiving special education | ||||||
9 | services. | ||||||
10 | (r) If a child has been placed in an approved individual | ||||||
11 | program and the tuition costs including room and board costs | ||||||
12 | have been approved by the Review Board, then such room and | ||||||
13 | board costs shall be paid by the appropriate State agency | ||||||
14 | subject to the provisions of Section 14-8.01 of this Act. Room | ||||||
15 | and board costs not provided by a State agency other than the | ||||||
16 | State Board of Education shall be provided by the State Board | ||||||
17 | of Education on a current basis. In no event, however, shall | ||||||
18 | the State's liability for funding of these tuition costs begin | ||||||
19 | until after the legal obligations of third party payors have | ||||||
20 | been subtracted from such costs. If the money appropriated by | ||||||
21 | the General Assembly for such purpose for any year is | ||||||
22 | insufficient, it shall be apportioned on the basis of the | ||||||
23 | claims approved. Each district shall submit estimated claims | ||||||
24 | to the State Superintendent of Education. Upon approval of | ||||||
25 | such claims, the State Superintendent of Education shall | ||||||
26 | direct the State Comptroller to make payments on a monthly |
| |||||||
| |||||||
1 | basis. The frequency for submitting estimated claims and the | ||||||
2 | method of determining payment shall be prescribed in rules and | ||||||
3 | regulations adopted by the State Board of Education. Such | ||||||
4 | current state reimbursement shall be reduced by an amount | ||||||
5 | equal to the proceeds which the child or child's parents are | ||||||
6 | eligible to receive under any public or private insurance or | ||||||
7 | assistance program. Nothing in this Section shall be construed | ||||||
8 | as relieving an insurer or similar third party from an | ||||||
9 | otherwise valid obligation to provide or to pay for services | ||||||
10 | provided to a child with a disability. | ||||||
11 | (s) If it otherwise qualifies, a school district is | ||||||
12 | eligible for the transportation reimbursement under Section | ||||||
13 | 14-13.01 and for the reimbursement of tuition payments under | ||||||
14 | this Section whether the non-public school or special | ||||||
15 | education facility, public out-of-state school or county | ||||||
16 | special education facility, attended by a child who resides in | ||||||
17 | that district and requires special educational services, is | ||||||
18 | within or outside of the State of Illinois. However, a | ||||||
19 | district is not eligible to claim transportation reimbursement | ||||||
20 | under this Section unless the district certifies to the State | ||||||
21 | Superintendent of Education that the district is unable to | ||||||
22 | provide special educational services required by the child for | ||||||
23 | the current school year. | ||||||
24 | (t) Nothing in this Section authorizes the reimbursement | ||||||
25 | of a school district for the amount paid for tuition of a child | ||||||
26 | attending a non-public school or special education facility, |
| |||||||
| |||||||
1 | public out-of-state school or county special education | ||||||
2 | facility unless the school district certifies to the State | ||||||
3 | Superintendent of Education that the special education program | ||||||
4 | of that district is unable to meet the needs of that child | ||||||
5 | because of his disability and the State Superintendent of | ||||||
6 | Education finds that the school district is in substantial | ||||||
7 | compliance with Section 14-4.01. However, if a child is | ||||||
8 | unilaterally placed by a State agency or any court in a | ||||||
9 | non-public school or special education facility, public | ||||||
10 | out-of-state school, or county special education facility, a | ||||||
11 | school district shall not be required to certify to the State | ||||||
12 | Superintendent of Education, for the purpose of tuition | ||||||
13 | reimbursement, that the special education program of that | ||||||
14 | district is unable to meet the needs of a child because of his | ||||||
15 | or her disability. | ||||||
16 | (u) Any educational or related services provided, pursuant | ||||||
17 | to this Section in a non-public school or special education | ||||||
18 | facility or a special education facility owned and operated by | ||||||
19 | a county government unit shall be at no cost to the parent or | ||||||
20 | guardian of the child. However, current law and practices | ||||||
21 | relative to contributions by parents or guardians for costs | ||||||
22 | other than educational or related services are not affected by | ||||||
23 | this amendatory Act of 1978. | ||||||
24 | (v) Reimbursement for children attending public school | ||||||
25 | residential facilities shall be made in accordance with the | ||||||
26 | provisions of this Section. |
| |||||||
| |||||||
1 | (w) Notwithstanding any other provision of law, any school | ||||||
2 | district receiving a payment under this Section or under | ||||||
3 | Section 14-7.02b, 14-13.01, or 29-5 of this Code may classify | ||||||
4 | all or a portion of the funds that it receives in a particular | ||||||
5 | fiscal year or from general State aid pursuant to Section | ||||||
6 | 18-8.05 of this Code as funds received in connection with any | ||||||
7 | funding program for which it is entitled to receive funds from | ||||||
8 | the State in that fiscal year (including, without limitation, | ||||||
9 | any funding program referenced in this Section), regardless of | ||||||
10 | the source or timing of the receipt. The district may not | ||||||
11 | classify more funds as funds received in connection with the | ||||||
12 | funding program than the district is entitled to receive in | ||||||
13 | that fiscal year for that program. Any classification by a | ||||||
14 | district must be made by a resolution of its board of | ||||||
15 | education. The resolution must identify the amount of any | ||||||
16 | payments or general State aid to be classified under this | ||||||
17 | paragraph and must specify the funding program to which the | ||||||
18 | funds are to be treated as received in connection therewith. | ||||||
19 | This resolution is controlling as to the classification of | ||||||
20 | funds referenced therein. A certified copy of the resolution | ||||||
21 | must be sent to the State Superintendent of Education. The | ||||||
22 | resolution shall still take effect even though a copy of the | ||||||
23 | resolution has not been sent to the State Superintendent of | ||||||
24 | Education in a timely manner. No classification under this | ||||||
25 | paragraph by a district shall affect the total amount or | ||||||
26 | timing of money the district is entitled to receive under this |
| |||||||
| |||||||
1 | Code. No classification under this paragraph by a district | ||||||
2 | shall in any way relieve the district from or affect any | ||||||
3 | requirements that otherwise would apply with respect to that | ||||||
4 | funding program, including any accounting of funds by source, | ||||||
5 | reporting expenditures by original source and purpose, | ||||||
6 | reporting requirements, or requirements of providing services. | ||||||
7 | (Source: P.A. 102-254, eff. 8-6-21; 102-703, eff. 4-22-22; | ||||||
8 | 103-175, eff. 6-30-23; 103-546, eff. 8-11-23; revised | ||||||
9 | 8-30-23.)
| ||||||
10 | (105 ILCS 5/14-8.02) (from Ch. 122, par. 14-8.02) | ||||||
11 | Sec. 14-8.02. Identification, evaluation, and placement of | ||||||
12 | children. | ||||||
13 | (a) The State Board of Education shall make rules under | ||||||
14 | which local school boards shall determine the eligibility of | ||||||
15 | children to receive special education. Such rules shall ensure | ||||||
16 | that a free appropriate public education be available to all | ||||||
17 | children with disabilities as defined in Section 14-1.02. The | ||||||
18 | State Board of Education shall require local school districts | ||||||
19 | to administer non-discriminatory procedures or tests to | ||||||
20 | English learners coming from homes in which a language other | ||||||
21 | than English is used to determine their eligibility to receive | ||||||
22 | special education. The placement of low English proficiency | ||||||
23 | students in special education programs and facilities shall be | ||||||
24 | made in accordance with the test results reflecting the | ||||||
25 | student's linguistic, cultural and special education needs. |
| |||||||
| |||||||
1 | For purposes of determining the eligibility of children the | ||||||
2 | State Board of Education shall include in the rules | ||||||
3 | definitions of "case study", "staff conference", | ||||||
4 | "individualized educational program", and "qualified | ||||||
5 | specialist" appropriate to each category of children with | ||||||
6 | disabilities as defined in this Article. For purposes of | ||||||
7 | determining the eligibility of children from homes in which a | ||||||
8 | language other than English is used, the State Board of | ||||||
9 | Education shall include in the rules definitions for | ||||||
10 | "qualified bilingual specialists" and "linguistically and | ||||||
11 | culturally appropriate individualized educational programs". | ||||||
12 | For purposes of this Section, as well as Sections 14-8.02a, | ||||||
13 | 14-8.02b, and 14-8.02c of this Code, "parent" means a parent | ||||||
14 | as defined in the federal Individuals with Disabilities | ||||||
15 | Education Act (20 U.S.C. 1401(23)). | ||||||
16 | (b) No child shall be eligible for special education | ||||||
17 | facilities except with a carefully completed case study fully | ||||||
18 | reviewed by professional personnel in a multidisciplinary | ||||||
19 | staff conference and only upon the recommendation of qualified | ||||||
20 | specialists or a qualified bilingual specialist, if available. | ||||||
21 | At the conclusion of the multidisciplinary staff conference, | ||||||
22 | the parent of the child and, if the child is in the legal | ||||||
23 | custody of the Department of Children and Family Services, the | ||||||
24 | Department's Office of Education and Transition Services shall | ||||||
25 | be given a copy of the multidisciplinary conference summary | ||||||
26 | report and recommendations, which includes options considered, |
| |||||||
| |||||||
1 | and, in the case of the parent, be informed of his or her right | ||||||
2 | to obtain an independent educational evaluation if he or she | ||||||
3 | disagrees with the evaluation findings conducted or obtained | ||||||
4 | by the school district. If the school district's evaluation is | ||||||
5 | shown to be inappropriate, the school district shall reimburse | ||||||
6 | the parent for the cost of the independent evaluation. The | ||||||
7 | State Board of Education shall, with advice from the State | ||||||
8 | Advisory Council on Education of Children with Disabilities on | ||||||
9 | the inclusion of specific independent educational evaluators, | ||||||
10 | prepare a list of suggested independent educational | ||||||
11 | evaluators. The State Board of Education shall include on the | ||||||
12 | list clinical psychologists licensed pursuant to the Clinical | ||||||
13 | Psychologist Licensing Act. Such psychologists shall not be | ||||||
14 | paid fees in excess of the amount that would be received by a | ||||||
15 | school psychologist for performing the same services. The | ||||||
16 | State Board of Education shall supply school districts with | ||||||
17 | such list and make the list available to parents at their | ||||||
18 | request. School districts shall make the list available to | ||||||
19 | parents at the time they are informed of their right to obtain | ||||||
20 | an independent educational evaluation. However, the school | ||||||
21 | district may initiate an impartial due process hearing under | ||||||
22 | this Section within 5 days of any written parent request for an | ||||||
23 | independent educational evaluation to show that its evaluation | ||||||
24 | is appropriate. If the final decision is that the evaluation | ||||||
25 | is appropriate, the parent still has a right to an independent | ||||||
26 | educational evaluation, but not at public expense. An |
| |||||||
| |||||||
1 | independent educational evaluation at public expense must be | ||||||
2 | completed within 30 days of a parent's parent written request | ||||||
3 | unless the school district initiates an impartial due process | ||||||
4 | hearing or the parent or school district offers reasonable | ||||||
5 | grounds to show that such 30-day time period should be | ||||||
6 | extended. If the due process hearing decision indicates that | ||||||
7 | the parent is entitled to an independent educational | ||||||
8 | evaluation, it must be completed within 30 days of the | ||||||
9 | decision unless the parent or the school district offers | ||||||
10 | reasonable grounds to show that such 30-day period should be | ||||||
11 | extended. If a parent disagrees with the summary report or | ||||||
12 | recommendations of the multidisciplinary conference or the | ||||||
13 | findings of any educational evaluation which results | ||||||
14 | therefrom, the school district shall not proceed with a | ||||||
15 | placement based upon such evaluation and the child shall | ||||||
16 | remain in his or her regular classroom setting. No child shall | ||||||
17 | be eligible for admission to a special class for children with | ||||||
18 | a mental disability who are educable or for children with a | ||||||
19 | mental disability who are trainable except with a | ||||||
20 | psychological evaluation and recommendation by a school | ||||||
21 | psychologist. Consent shall be obtained from the parent of a | ||||||
22 | child before any evaluation is conducted. If consent is not | ||||||
23 | given by the parent or if the parent disagrees with the | ||||||
24 | findings of the evaluation, then the school district may | ||||||
25 | initiate an impartial due process hearing under this Section. | ||||||
26 | The school district may evaluate the child if that is the |
| |||||||
| |||||||
1 | decision resulting from the impartial due process hearing and | ||||||
2 | the decision is not appealed or if the decision is affirmed on | ||||||
3 | appeal. The determination of eligibility shall be made and the | ||||||
4 | IEP meeting shall be completed within 60 school days from the | ||||||
5 | date of written parental consent. In those instances when | ||||||
6 | written parental consent is obtained with fewer than 60 pupil | ||||||
7 | attendance days left in the school year, the eligibility | ||||||
8 | determination shall be made and the IEP meeting shall be | ||||||
9 | completed prior to the first day of the following school year. | ||||||
10 | Special education and related services must be provided in | ||||||
11 | accordance with the student's IEP no later than 10 school | ||||||
12 | attendance days after notice is provided to the parents | ||||||
13 | pursuant to Section 300.503 of Title 34 of the Code of Federal | ||||||
14 | Regulations and implementing rules adopted by the State Board | ||||||
15 | of Education. The appropriate program pursuant to the | ||||||
16 | individualized educational program of students whose native | ||||||
17 | tongue is a language other than English shall reflect the | ||||||
18 | special education, cultural and linguistic needs. No later | ||||||
19 | than September 1, 1993, the State Board of Education shall | ||||||
20 | establish standards for the development, implementation and | ||||||
21 | monitoring of appropriate bilingual special individualized | ||||||
22 | educational programs. The State Board of Education shall | ||||||
23 | further incorporate appropriate monitoring procedures to | ||||||
24 | verify implementation of these standards. The district shall | ||||||
25 | indicate to the parent, the State Board of Education, and, if | ||||||
26 | applicable, the Department's Office of Education and |
| |||||||
| |||||||
1 | Transition Services the nature of the services the child will | ||||||
2 | receive for the regular school term while awaiting placement | ||||||
3 | in the appropriate special education class. At the child's | ||||||
4 | initial IEP meeting and at each annual review meeting, the | ||||||
5 | child's IEP team shall provide the child's parent or guardian | ||||||
6 | and, if applicable, the Department's Office of Education and | ||||||
7 | Transition Services with a written notification that informs | ||||||
8 | the parent or guardian or the Department's Office of Education | ||||||
9 | and Transition Services that the IEP team is required to | ||||||
10 | consider whether the child requires assistive technology in | ||||||
11 | order to receive free, appropriate public education. The | ||||||
12 | notification must also include a toll-free telephone number | ||||||
13 | and internet address for the State's assistive technology | ||||||
14 | program. | ||||||
15 | If the child is deaf, hard of hearing, blind, or visually | ||||||
16 | impaired or has an orthopedic impairment or physical | ||||||
17 | disability and he or she might be eligible to receive services | ||||||
18 | from the Illinois School for the Deaf, the Illinois School for | ||||||
19 | the Visually Impaired, or the Illinois Center for | ||||||
20 | Rehabilitation and Education-Roosevelt, the school district | ||||||
21 | shall notify the parents, in writing, of the existence of | ||||||
22 | these schools and the services they provide and shall make a | ||||||
23 | reasonable effort to inform the parents of the existence of | ||||||
24 | other, local schools that provide similar services and the | ||||||
25 | services that these other schools provide. This notification | ||||||
26 | shall include , without limitation , information on school |
| |||||||
| |||||||
1 | services, school admissions criteria, and school contact | ||||||
2 | information. | ||||||
3 | In the development of the individualized education program | ||||||
4 | for a student who has a disability on the autism spectrum | ||||||
5 | (which includes autistic disorder, Asperger's disorder, | ||||||
6 | pervasive developmental disorder not otherwise specified, | ||||||
7 | childhood disintegrative disorder, and Rett Syndrome, as | ||||||
8 | defined in the Diagnostic and Statistical Manual of Mental | ||||||
9 | Disorders, fourth edition (DSM-IV, 2000)), the IEP team shall | ||||||
10 | consider all of the following factors: | ||||||
11 | (1) The verbal and nonverbal communication needs of | ||||||
12 | the child. | ||||||
13 | (2) The need to develop social interaction skills and | ||||||
14 | proficiencies. | ||||||
15 | (3) The needs resulting from the child's unusual | ||||||
16 | responses to sensory experiences. | ||||||
17 | (4) The needs resulting from resistance to | ||||||
18 | environmental change or change in daily routines. | ||||||
19 | (5) The needs resulting from engagement in repetitive | ||||||
20 | activities and stereotyped movements. | ||||||
21 | (6) The need for any positive behavioral | ||||||
22 | interventions, strategies, and supports to address any | ||||||
23 | behavioral difficulties resulting from autism spectrum | ||||||
24 | disorder. | ||||||
25 | (7) Other needs resulting from the child's disability | ||||||
26 | that impact progress in the general curriculum, including |
| |||||||
| |||||||
1 | social and emotional development. | ||||||
2 | Public Act 95-257 does not create any new entitlement to a | ||||||
3 | service, program, or benefit, but must not affect any | ||||||
4 | entitlement to a service, program, or benefit created by any | ||||||
5 | other law. | ||||||
6 | If the student may be eligible to participate in the | ||||||
7 | Home-Based Support Services Program for Adults with Mental | ||||||
8 | Disabilities authorized under the Developmental Disability and | ||||||
9 | Mental Disability Services Act upon becoming an adult, the | ||||||
10 | student's individualized education program shall include plans | ||||||
11 | for (i) determining the student's eligibility for those | ||||||
12 | home-based services, (ii) enrolling the student in the program | ||||||
13 | of home-based services, and (iii) developing a plan for the | ||||||
14 | student's most effective use of the home-based services after | ||||||
15 | the student becomes an adult and no longer receives special | ||||||
16 | educational services under this Article. The plans developed | ||||||
17 | under this paragraph shall include specific actions to be | ||||||
18 | taken by specified individuals, agencies, or officials. | ||||||
19 | (c) In the development of the individualized education | ||||||
20 | program for a student who is functionally blind, it shall be | ||||||
21 | presumed that proficiency in Braille reading and writing is | ||||||
22 | essential for the student's satisfactory educational progress. | ||||||
23 | For purposes of this subsection, the State Board of Education | ||||||
24 | shall determine the criteria for a student to be classified as | ||||||
25 | functionally blind. Students who are not currently identified | ||||||
26 | as functionally blind who are also entitled to Braille |
| |||||||
| |||||||
1 | instruction include: (i) those whose vision loss is so severe | ||||||
2 | that they are unable to read and write at a level comparable to | ||||||
3 | their peers solely through the use of vision, and (ii) those | ||||||
4 | who show evidence of progressive vision loss that may result | ||||||
5 | in functional blindness. Each student who is functionally | ||||||
6 | blind shall be entitled to Braille reading and writing | ||||||
7 | instruction that is sufficient to enable the student to | ||||||
8 | communicate with the same level of proficiency as other | ||||||
9 | students of comparable ability. Instruction should be provided | ||||||
10 | to the extent that the student is physically and cognitively | ||||||
11 | able to use Braille. Braille instruction may be used in | ||||||
12 | combination with other special education services appropriate | ||||||
13 | to the student's educational needs. The assessment of each | ||||||
14 | student who is functionally blind for the purpose of | ||||||
15 | developing the student's individualized education program | ||||||
16 | shall include documentation of the student's strengths and | ||||||
17 | weaknesses in Braille skills. Each person assisting in the | ||||||
18 | development of the individualized education program for a | ||||||
19 | student who is functionally blind shall receive information | ||||||
20 | describing the benefits of Braille instruction. The | ||||||
21 | individualized education program for each student who is | ||||||
22 | functionally blind shall specify the appropriate learning | ||||||
23 | medium or media based on the assessment report. | ||||||
24 | (d) To the maximum extent appropriate, the placement shall | ||||||
25 | provide the child with the opportunity to be educated with | ||||||
26 | children who do not have a disability; provided that children |
| |||||||
| |||||||
1 | with disabilities who are recommended to be placed into | ||||||
2 | regular education classrooms are provided with supplementary | ||||||
3 | services to assist the children with disabilities to benefit | ||||||
4 | from the regular classroom instruction and are included on the | ||||||
5 | teacher's regular education class register. Subject to the | ||||||
6 | limitation of the preceding sentence, placement in special | ||||||
7 | classes, separate schools or other removal of the child with a | ||||||
8 | disability from the regular educational environment shall | ||||||
9 | occur only when the nature of the severity of the disability is | ||||||
10 | such that education in the regular classes with the use of | ||||||
11 | supplementary aids and services cannot be achieved | ||||||
12 | satisfactorily. The placement of English learners with | ||||||
13 | disabilities shall be in non-restrictive environments which | ||||||
14 | provide for integration with peers who do not have | ||||||
15 | disabilities in bilingual classrooms. Annually, each January, | ||||||
16 | school districts shall report data on students from | ||||||
17 | non-English speaking backgrounds receiving special education | ||||||
18 | and related services in public and private facilities as | ||||||
19 | prescribed in Section 2-3.30. If there is a disagreement | ||||||
20 | between parties involved regarding the special education | ||||||
21 | placement of any child, either in-state or out-of-state, the | ||||||
22 | placement is subject to impartial due process procedures | ||||||
23 | described in Article 10 of the Rules and Regulations to Govern | ||||||
24 | the Administration and Operation of Special Education. | ||||||
25 | (e) No child who comes from a home in which a language | ||||||
26 | other than English is the principal language used may be |
| |||||||
| |||||||
1 | assigned to any class or program under this Article until he | ||||||
2 | has been given, in the principal language used by the child and | ||||||
3 | used in his home, tests reasonably related to his cultural | ||||||
4 | environment. All testing and evaluation materials and | ||||||
5 | procedures utilized for evaluation and placement shall not be | ||||||
6 | linguistically, racially or culturally discriminatory. | ||||||
7 | (f) Nothing in this Article shall be construed to require | ||||||
8 | any child to undergo any physical examination or medical | ||||||
9 | treatment whose parents object thereto on the grounds that | ||||||
10 | such examination or treatment conflicts with his religious | ||||||
11 | beliefs. | ||||||
12 | (g) School boards or their designee shall provide to the | ||||||
13 | parents of a child or, if applicable, the Department of | ||||||
14 | Children and Family Services' Office of Education and | ||||||
15 | Transition Services prior written notice of any decision (a) | ||||||
16 | proposing to initiate or change, or (b) refusing to initiate | ||||||
17 | or change, the identification, evaluation, or educational | ||||||
18 | placement of the child or the provision of a free appropriate | ||||||
19 | public education to their child, and the reasons therefor. For | ||||||
20 | a parent, such written notification shall also inform the | ||||||
21 | parent of the opportunity to present complaints with respect | ||||||
22 | to any matter relating to the educational placement of the | ||||||
23 | student, or the provision of a free appropriate public | ||||||
24 | education and to have an impartial due process hearing on the | ||||||
25 | complaint. The notice shall inform the parents in the parents' | ||||||
26 | native language, unless it is clearly not feasible to do so, of |
| |||||||
| |||||||
1 | their rights and all procedures available pursuant to this Act | ||||||
2 | and the federal Individuals with Disabilities Education | ||||||
3 | Improvement Act of 2004 (Public Law 108-446); it shall be the | ||||||
4 | responsibility of the State Superintendent to develop uniform | ||||||
5 | notices setting forth the procedures available under this Act | ||||||
6 | and the federal Individuals with Disabilities Education | ||||||
7 | Improvement Act of 2004 (Public Law 108-446) to be used by all | ||||||
8 | school boards. The notice shall also inform the parents of the | ||||||
9 | availability upon request of a list of free or low-cost legal | ||||||
10 | and other relevant services available locally to assist | ||||||
11 | parents in initiating an impartial due process hearing. The | ||||||
12 | State Superintendent shall revise the uniform notices required | ||||||
13 | by this subsection (g) to reflect current law and procedures | ||||||
14 | at least once every 2 years. Any parent who is deaf or does not | ||||||
15 | normally communicate using spoken English and who participates | ||||||
16 | in a meeting with a representative of a local educational | ||||||
17 | agency for the purposes of developing an individualized | ||||||
18 | educational program or attends a multidisciplinary conference | ||||||
19 | shall be entitled to the services of an interpreter. The State | ||||||
20 | Board of Education must adopt rules to establish the criteria, | ||||||
21 | standards, and competencies for a bilingual language | ||||||
22 | interpreter who attends an individualized education program | ||||||
23 | meeting under this subsection to assist a parent who has | ||||||
24 | limited English proficiency. | ||||||
25 | (g-5) For purposes of this subsection (g-5), "qualified | ||||||
26 | professional" means an individual who holds credentials to |
| |||||||
| |||||||
1 | evaluate the child in the domain or domains for which an | ||||||
2 | evaluation is sought or an intern working under the direct | ||||||
3 | supervision of a qualified professional, including a master's | ||||||
4 | or doctoral degree candidate. | ||||||
5 | To ensure that a parent can participate fully and | ||||||
6 | effectively with school personnel in the development of | ||||||
7 | appropriate educational and related services for his or her | ||||||
8 | child, the parent, an independent educational evaluator, or a | ||||||
9 | qualified professional retained by or on behalf of a parent or | ||||||
10 | child must be afforded reasonable access to educational | ||||||
11 | facilities, personnel, classrooms, and buildings and to the | ||||||
12 | child as provided in this subsection (g-5). The requirements | ||||||
13 | of this subsection (g-5) apply to any public school facility, | ||||||
14 | building, or program and to any facility, building, or program | ||||||
15 | supported in whole or in part by public funds. Prior to | ||||||
16 | visiting a school, school building, or school facility, the | ||||||
17 | parent, independent educational evaluator, or qualified | ||||||
18 | professional may be required by the school district to inform | ||||||
19 | the building principal or supervisor in writing of the | ||||||
20 | proposed visit, the purpose of the visit, and the approximate | ||||||
21 | duration of the visit. The visitor and the school district | ||||||
22 | shall arrange the visit or visits at times that are mutually | ||||||
23 | agreeable. Visitors shall comply with school safety, security, | ||||||
24 | and visitation policies at all times. School district | ||||||
25 | visitation policies must not conflict with this subsection | ||||||
26 | (g-5). Visitors shall be required to comply with the |
| |||||||
| |||||||
1 | requirements of applicable privacy laws, including those laws | ||||||
2 | protecting the confidentiality of education records such as | ||||||
3 | the federal Family Educational Rights and Privacy Act and the | ||||||
4 | Illinois School Student Records Act. The visitor shall not | ||||||
5 | disrupt the educational process. | ||||||
6 | (1) A parent must be afforded reasonable access of | ||||||
7 | sufficient duration and scope for the purpose of observing | ||||||
8 | his or her child in the child's current educational | ||||||
9 | placement, services, or program or for the purpose of | ||||||
10 | visiting an educational placement or program proposed for | ||||||
11 | the child. | ||||||
12 | (2) An independent educational evaluator or a | ||||||
13 | qualified professional retained by or on behalf of a | ||||||
14 | parent or child must be afforded reasonable access of | ||||||
15 | sufficient duration and scope for the purpose of | ||||||
16 | conducting an evaluation of the child, the child's | ||||||
17 | performance, the child's current educational program, | ||||||
18 | placement, services, or environment, or any educational | ||||||
19 | program, placement, services, or environment proposed for | ||||||
20 | the child, including interviews of educational personnel, | ||||||
21 | child observations, assessments, tests or assessments of | ||||||
22 | the child's educational program, services, or placement or | ||||||
23 | of any proposed educational program, services, or | ||||||
24 | placement. If one or more interviews of school personnel | ||||||
25 | are part of the evaluation, the interviews must be | ||||||
26 | conducted at a mutually agreed-upon agreed upon time, |
| |||||||
| |||||||
1 | date, and place that do not interfere with the school | ||||||
2 | employee's school duties. The school district may limit | ||||||
3 | interviews to personnel having information relevant to the | ||||||
4 | child's current educational services, program, or | ||||||
5 | placement or to a proposed educational service, program, | ||||||
6 | or placement. | ||||||
7 | (h) In the development of the individualized education | ||||||
8 | program or federal Section 504 plan for a student, if the | ||||||
9 | student needs extra accommodation during emergencies, | ||||||
10 | including natural disasters or an active shooter situation, | ||||||
11 | then that accommodation shall be taken into account when | ||||||
12 | developing the student's individualized education program or | ||||||
13 | federal Section 504 plan. | ||||||
14 | (Source: P.A. 102-199, eff. 7-1-22; 102-264, eff. 8-6-21; | ||||||
15 | 102-558, eff. 8-20-21; 102-813, eff. 5-13-22; 102-1072, eff. | ||||||
16 | 6-10-22; 103-197, eff. 1-1-24; revised 1-30-24.)
| ||||||
17 | (105 ILCS 5/18-8.15) | ||||||
18 | Sec. 18-8.15. Evidence-Based Funding for student success | ||||||
19 | for the 2017-2018 and subsequent school years. | ||||||
20 | (a) General provisions. | ||||||
21 | (1) The purpose of this Section is to ensure that, by | ||||||
22 | June 30, 2027 and beyond, this State has a kindergarten | ||||||
23 | through grade 12 public education system with the capacity | ||||||
24 | to ensure the educational development of all persons to | ||||||
25 | the limits of their capacities in accordance with Section |
| |||||||
| |||||||
1 | 1 of Article X of the Constitution of the State of | ||||||
2 | Illinois. To accomplish that objective, this Section | ||||||
3 | creates a method of funding public education that is | ||||||
4 | evidence-based; is sufficient to ensure every student | ||||||
5 | receives a meaningful opportunity to learn irrespective of | ||||||
6 | race, ethnicity, sexual orientation, gender, or | ||||||
7 | community-income level; and is sustainable and | ||||||
8 | predictable. When fully funded under this Section, every | ||||||
9 | school shall have the resources, based on what the | ||||||
10 | evidence indicates is needed, to: | ||||||
11 | (A) provide all students with a high quality | ||||||
12 | education that offers the academic, enrichment, social | ||||||
13 | and emotional support, technical, and career-focused | ||||||
14 | programs that will allow them to become competitive | ||||||
15 | workers, responsible parents, productive citizens of | ||||||
16 | this State, and active members of our national | ||||||
17 | democracy; | ||||||
18 | (B) ensure all students receive the education they | ||||||
19 | need to graduate from high school with the skills | ||||||
20 | required to pursue post-secondary education and | ||||||
21 | training for a rewarding career; | ||||||
22 | (C) reduce, with a goal of eliminating, the | ||||||
23 | achievement gap between at-risk and non-at-risk | ||||||
24 | students by raising the performance of at-risk | ||||||
25 | students and not by reducing standards; and | ||||||
26 | (D) ensure this State satisfies its obligation to |
| |||||||
| |||||||
1 | assume the primary responsibility to fund public | ||||||
2 | education and simultaneously relieve the | ||||||
3 | disproportionate burden placed on local property taxes | ||||||
4 | to fund schools. | ||||||
5 | (2) The Evidence-Based Funding formula under this | ||||||
6 | Section shall be applied to all Organizational Units in | ||||||
7 | this State. The Evidence-Based Funding formula outlined in | ||||||
8 | this Act is based on the formula outlined in Senate Bill 1 | ||||||
9 | of the 100th General Assembly, as passed by both | ||||||
10 | legislative chambers. As further defined and described in | ||||||
11 | this Section, there are 4 major components of the | ||||||
12 | Evidence-Based Funding model: | ||||||
13 | (A) First, the model calculates a unique Adequacy | ||||||
14 | Target for each Organizational Unit in this State that | ||||||
15 | considers the costs to implement research-based | ||||||
16 | activities, the unit's student demographics, and | ||||||
17 | regional wage differences. | ||||||
18 | (B) Second, the model calculates each | ||||||
19 | Organizational Unit's Local Capacity, or the amount | ||||||
20 | each Organizational Unit is assumed to contribute | ||||||
21 | toward its Adequacy Target from local resources. | ||||||
22 | (C) Third, the model calculates how much funding | ||||||
23 | the State currently contributes to the Organizational | ||||||
24 | Unit and adds that to the unit's Local Capacity to | ||||||
25 | determine the unit's overall current adequacy of | ||||||
26 | funding. |
| |||||||
| |||||||
1 | (D) Finally, the model's distribution method | ||||||
2 | allocates new State funding to those Organizational | ||||||
3 | Units that are least well-funded, considering both | ||||||
4 | Local Capacity and State funding, in relation to their | ||||||
5 | Adequacy Target. | ||||||
6 | (3) An Organizational Unit receiving any funding under | ||||||
7 | this Section may apply those funds to any fund so received | ||||||
8 | for which that Organizational Unit is authorized to make | ||||||
9 | expenditures by law. | ||||||
10 | (4) As used in this Section, the following terms shall | ||||||
11 | have the meanings ascribed in this paragraph (4): | ||||||
12 | "Adequacy Target" is defined in paragraph (1) of | ||||||
13 | subsection (b) of this Section. | ||||||
14 | "Adjusted EAV" is defined in paragraph (4) of | ||||||
15 | subsection (d) of this Section. | ||||||
16 | "Adjusted Local Capacity Target" is defined in | ||||||
17 | paragraph (3) of subsection (c) of this Section. | ||||||
18 | "Adjusted Operating Tax Rate" means a tax rate for all | ||||||
19 | Organizational Units, for which the State Superintendent | ||||||
20 | shall calculate and subtract for the Operating Tax Rate a | ||||||
21 | transportation rate based on total expenses for | ||||||
22 | transportation services under this Code, as reported on | ||||||
23 | the most recent Annual Financial Report in Pupil | ||||||
24 | Transportation Services, function 2550 in both the | ||||||
25 | Education and Transportation funds and functions 4110 and | ||||||
26 | 4120 in the Transportation fund, less any corresponding |
| |||||||
| |||||||
1 | fiscal year State of Illinois scheduled payments excluding | ||||||
2 | net adjustments for prior years for regular, vocational, | ||||||
3 | or special education transportation reimbursement pursuant | ||||||
4 | to Section 29-5 or subsection (b) of Section 14-13.01 of | ||||||
5 | this Code divided by the Adjusted EAV. If an | ||||||
6 | Organizational Unit's corresponding fiscal year State of | ||||||
7 | Illinois scheduled payments excluding net adjustments for | ||||||
8 | prior years for regular, vocational, or special education | ||||||
9 | transportation reimbursement pursuant to Section 29-5 or | ||||||
10 | subsection (b) of Section 14-13.01 of this Code exceed the | ||||||
11 | total transportation expenses, as defined in this | ||||||
12 | paragraph, no transportation rate shall be subtracted from | ||||||
13 | the Operating Tax Rate. | ||||||
14 | "Allocation Rate" is defined in paragraph (3) of | ||||||
15 | subsection (g) of this Section. | ||||||
16 | "Alternative School" means a public school that is | ||||||
17 | created and operated by a regional superintendent of | ||||||
18 | schools and approved by the State Board. | ||||||
19 | "Applicable Tax Rate" is defined in paragraph (1) of | ||||||
20 | subsection (d) of this Section. | ||||||
21 | "Assessment" means any of those benchmark, progress | ||||||
22 | monitoring, formative, diagnostic, and other assessments, | ||||||
23 | in addition to the State accountability assessment, that | ||||||
24 | assist teachers' needs in understanding the skills and | ||||||
25 | meeting the needs of the students they serve. | ||||||
26 | "Assistant principal" means a school administrator |
| |||||||
| |||||||
1 | duly endorsed to be employed as an assistant principal in | ||||||
2 | this State. | ||||||
3 | "At-risk student" means a student who is at risk of | ||||||
4 | not meeting the Illinois Learning Standards or not | ||||||
5 | graduating from elementary or high school and who | ||||||
6 | demonstrates a need for vocational support or social | ||||||
7 | services beyond that provided by the regular school | ||||||
8 | program. All students included in an Organizational Unit's | ||||||
9 | Low-Income Count, as well as all English learner and | ||||||
10 | disabled students attending the Organizational Unit, shall | ||||||
11 | be considered at-risk students under this Section. | ||||||
12 | "Average Student Enrollment" or "ASE" for fiscal year | ||||||
13 | 2018 means, for an Organizational Unit, the greater of the | ||||||
14 | average number of students (grades K through 12) reported | ||||||
15 | to the State Board as enrolled in the Organizational Unit | ||||||
16 | on October 1 in the immediately preceding school year, | ||||||
17 | plus the pre-kindergarten students who receive special | ||||||
18 | education services of 2 or more hours a day as reported to | ||||||
19 | the State Board on December 1 in the immediately preceding | ||||||
20 | school year, or the average number of students (grades K | ||||||
21 | through 12) reported to the State Board as enrolled in the | ||||||
22 | Organizational Unit on October 1, plus the | ||||||
23 | pre-kindergarten students who receive special education | ||||||
24 | services of 2 or more hours a day as reported to the State | ||||||
25 | Board on December 1, for each of the immediately preceding | ||||||
26 | 3 school years. For fiscal year 2019 and each subsequent |
| |||||||
| |||||||
1 | fiscal year, "Average Student Enrollment" or "ASE" means, | ||||||
2 | for an Organizational Unit, the greater of the average | ||||||
3 | number of students (grades K through 12) reported to the | ||||||
4 | State Board as enrolled in the Organizational Unit on | ||||||
5 | October 1 and March 1 in the immediately preceding school | ||||||
6 | year, plus the pre-kindergarten students who receive | ||||||
7 | special education services as reported to the State Board | ||||||
8 | on October 1 and March 1 in the immediately preceding | ||||||
9 | school year, or the average number of students (grades K | ||||||
10 | through 12) reported to the State Board as enrolled in the | ||||||
11 | Organizational Unit on October 1 and March 1, plus the | ||||||
12 | pre-kindergarten students who receive special education | ||||||
13 | services as reported to the State Board on October 1 and | ||||||
14 | March 1, for each of the immediately preceding 3 school | ||||||
15 | years. For the purposes of this definition, "enrolled in | ||||||
16 | the Organizational Unit" means the number of students | ||||||
17 | reported to the State Board who are enrolled in schools | ||||||
18 | within the Organizational Unit that the student attends or | ||||||
19 | would attend if not placed or transferred to another | ||||||
20 | school or program to receive needed services. For the | ||||||
21 | purposes of calculating "ASE", all students, grades K | ||||||
22 | through 12, excluding those attending kindergarten for a | ||||||
23 | half day and students attending an alternative education | ||||||
24 | program operated by a regional office of education or | ||||||
25 | intermediate service center, shall be counted as 1.0. All | ||||||
26 | students attending kindergarten for a half day shall be |
| |||||||
| |||||||
1 | counted as 0.5, unless in 2017 by June 15 or by March 1 in | ||||||
2 | subsequent years, the school district reports to the State | ||||||
3 | Board of Education the intent to implement full-day | ||||||
4 | kindergarten district-wide for all students, then all | ||||||
5 | students attending kindergarten shall be counted as 1.0. | ||||||
6 | Special education pre-kindergarten students shall be | ||||||
7 | counted as 0.5 each. If the State Board does not collect or | ||||||
8 | has not collected both an October 1 and March 1 enrollment | ||||||
9 | count by grade or a December 1 collection of special | ||||||
10 | education pre-kindergarten students as of August 31, 2017 | ||||||
11 | (the effective date of Public Act 100-465), it shall | ||||||
12 | establish such collection for all future years. For any | ||||||
13 | year in which a count by grade level was collected only | ||||||
14 | once, that count shall be used as the single count | ||||||
15 | available for computing a 3-year average ASE. Funding for | ||||||
16 | programs operated by a regional office of education or an | ||||||
17 | intermediate service center must be calculated using the | ||||||
18 | Evidence-Based Funding formula under this Section for the | ||||||
19 | 2019-2020 school year and each subsequent school year | ||||||
20 | until separate adequacy formulas are developed and adopted | ||||||
21 | for each type of program. ASE for a program operated by a | ||||||
22 | regional office of education or an intermediate service | ||||||
23 | center must be determined by the March 1 enrollment for | ||||||
24 | the program. For the 2019-2020 school year, the ASE used | ||||||
25 | in the calculation must be the first-year ASE and, in that | ||||||
26 | year only, the assignment of students served by a regional |
| |||||||
| |||||||
1 | office of education or intermediate service center shall | ||||||
2 | not result in a reduction of the March enrollment for any | ||||||
3 | school district. For the 2020-2021 school year, the ASE | ||||||
4 | must be the greater of the current-year ASE or the 2-year | ||||||
5 | average ASE. Beginning with the 2021-2022 school year, the | ||||||
6 | ASE must be the greater of the current-year ASE or the | ||||||
7 | 3-year average ASE. School districts shall submit the data | ||||||
8 | for the ASE calculation to the State Board within 45 days | ||||||
9 | of the dates required in this Section for submission of | ||||||
10 | enrollment data in order for it to be included in the ASE | ||||||
11 | calculation. For fiscal year 2018 only, the ASE | ||||||
12 | calculation shall include only enrollment taken on October | ||||||
13 | 1. In recognition of the impact of COVID-19, the | ||||||
14 | definition of "Average Student Enrollment" or "ASE" shall | ||||||
15 | be adjusted for calculations under this Section for fiscal | ||||||
16 | years 2022 through 2024. For fiscal years 2022 through | ||||||
17 | 2024, the enrollment used in the calculation of ASE | ||||||
18 | representing the 2020-2021 school year shall be the | ||||||
19 | greater of the enrollment for the 2020-2021 school year or | ||||||
20 | the 2019-2020 school year. | ||||||
21 | "Base Funding Guarantee" is defined in paragraph (10) | ||||||
22 | of subsection (g) of this Section. | ||||||
23 | "Base Funding Minimum" is defined in subsection (e) of | ||||||
24 | this Section. | ||||||
25 | "Base Tax Year" means the property tax levy year used | ||||||
26 | to calculate the Budget Year allocation of primary State |
| |||||||
| |||||||
1 | aid. | ||||||
2 | "Base Tax Year's Extension" means the product of the | ||||||
3 | equalized assessed valuation utilized by the county clerk | ||||||
4 | in the Base Tax Year multiplied by the limiting rate as | ||||||
5 | calculated by the county clerk and defined in PTELL. | ||||||
6 | "Bilingual Education Allocation" means the amount of | ||||||
7 | an Organizational Unit's final Adequacy Target | ||||||
8 | attributable to bilingual education divided by the | ||||||
9 | Organizational Unit's final Adequacy Target, the product | ||||||
10 | of which shall be multiplied by the amount of new funding | ||||||
11 | received pursuant to this Section. An Organizational | ||||||
12 | Unit's final Adequacy Target attributable to bilingual | ||||||
13 | education shall include all additional investments in | ||||||
14 | English learner students' adequacy elements. | ||||||
15 | "Budget Year" means the school year for which primary | ||||||
16 | State aid is calculated and awarded under this Section. | ||||||
17 | "Central office" means individual administrators and | ||||||
18 | support service personnel charged with managing the | ||||||
19 | instructional programs, business and operations, and | ||||||
20 | security of the Organizational Unit. | ||||||
21 | "Comparable Wage Index" or "CWI" means a regional cost | ||||||
22 | differentiation metric that measures systemic, regional | ||||||
23 | variations in the salaries of college graduates who are | ||||||
24 | not educators. The CWI utilized for this Section shall, | ||||||
25 | for the first 3 years of Evidence-Based Funding | ||||||
26 | implementation, be the CWI initially developed by the |
| |||||||
| |||||||
1 | National Center for Education Statistics, as most recently | ||||||
2 | updated by Texas A & M University. In the fourth and | ||||||
3 | subsequent years of Evidence-Based Funding implementation, | ||||||
4 | the State Superintendent shall re-determine the CWI using | ||||||
5 | a similar methodology to that identified in the Texas A & M | ||||||
6 | University study, with adjustments made no less frequently | ||||||
7 | than once every 5 years. | ||||||
8 | "Computer technology and equipment" means computers | ||||||
9 | servers, notebooks, network equipment, copiers, printers, | ||||||
10 | instructional software, security software, curriculum | ||||||
11 | management courseware, and other similar materials and | ||||||
12 | equipment. | ||||||
13 | "Computer technology and equipment investment | ||||||
14 | allocation" means the final Adequacy Target amount of an | ||||||
15 | Organizational Unit assigned to Tier 1 or Tier 2 in the | ||||||
16 | prior school year attributable to the additional $285.50 | ||||||
17 | per student computer technology and equipment investment | ||||||
18 | grant divided by the Organizational Unit's final Adequacy | ||||||
19 | Target, the result of which shall be multiplied by the | ||||||
20 | amount of new funding received pursuant to this Section. | ||||||
21 | An Organizational Unit assigned to a Tier 1 or Tier 2 final | ||||||
22 | Adequacy Target attributable to the received computer | ||||||
23 | technology and equipment investment grant shall include | ||||||
24 | all additional investments in computer technology and | ||||||
25 | equipment adequacy elements. | ||||||
26 | "Core subject" means mathematics; science; reading, |
| |||||||
| |||||||
1 | English, writing, and language arts; history and social | ||||||
2 | studies; world languages; and subjects taught as Advanced | ||||||
3 | Placement in high schools. | ||||||
4 | "Core teacher" means a regular classroom teacher in | ||||||
5 | elementary schools and teachers of a core subject in | ||||||
6 | middle and high schools. | ||||||
7 | "Core Intervention teacher (tutor)" means a licensed | ||||||
8 | teacher providing one-on-one or small group tutoring to | ||||||
9 | students struggling to meet proficiency in core subjects. | ||||||
10 | "CPPRT" means corporate personal property replacement | ||||||
11 | tax funds paid to an Organizational Unit during the | ||||||
12 | calendar year one year before the calendar year in which a | ||||||
13 | school year begins, pursuant to "An Act in relation to the | ||||||
14 | abolition of ad valorem personal property tax and the | ||||||
15 | replacement of revenues lost thereby, and amending and | ||||||
16 | repealing certain Acts and parts of Acts in connection | ||||||
17 | therewith", certified August 14, 1979, as amended (Public | ||||||
18 | Act 81-1st S.S.-1). | ||||||
19 | "EAV" means equalized assessed valuation as defined in | ||||||
20 | paragraph (2) of subsection (d) of this Section and | ||||||
21 | calculated in accordance with paragraph (3) of subsection | ||||||
22 | (d) of this Section. | ||||||
23 | "ECI" means the Bureau of Labor Statistics' national | ||||||
24 | employment cost index for civilian workers in educational | ||||||
25 | services in elementary and secondary schools on a | ||||||
26 | cumulative basis for the 12-month calendar year preceding |
| |||||||
| |||||||
1 | the fiscal year of the Evidence-Based Funding calculation. | ||||||
2 | "EIS Data" means the employment information system | ||||||
3 | data maintained by the State Board on educators within | ||||||
4 | Organizational Units. | ||||||
5 | "Employee benefits" means health, dental, and vision | ||||||
6 | insurance offered to employees of an Organizational Unit, | ||||||
7 | the costs associated with the statutorily required payment | ||||||
8 | of the normal cost of the Organizational Unit's teacher | ||||||
9 | pensions, Social Security employer contributions, and | ||||||
10 | Illinois Municipal Retirement Fund employer contributions. | ||||||
11 | "English learner" or "EL" means a child included in | ||||||
12 | the definition of "English learners" under Section 14C-2 | ||||||
13 | of this Code participating in a program of transitional | ||||||
14 | bilingual education or a transitional program of | ||||||
15 | instruction meeting the requirements and program | ||||||
16 | application procedures of Article 14C of this Code. For | ||||||
17 | the purposes of collecting the number of EL students | ||||||
18 | enrolled, the same collection and calculation methodology | ||||||
19 | as defined above for "ASE" shall apply to English | ||||||
20 | learners, with the exception that EL student enrollment | ||||||
21 | shall include students in grades pre-kindergarten through | ||||||
22 | 12. | ||||||
23 | "Essential Elements" means those elements, resources, | ||||||
24 | and educational programs that have been identified through | ||||||
25 | academic research as necessary to improve student success, | ||||||
26 | improve academic performance, close achievement gaps, and |
| |||||||
| |||||||
1 | provide for other per student costs related to the | ||||||
2 | delivery and leadership of the Organizational Unit, as | ||||||
3 | well as the maintenance and operations of the unit, and | ||||||
4 | which are specified in paragraph (2) of subsection (b) of | ||||||
5 | this Section. | ||||||
6 | "Evidence-Based Funding" means State funding provided | ||||||
7 | to an Organizational Unit pursuant to this Section. | ||||||
8 | "Extended day" means academic and enrichment programs | ||||||
9 | provided to students outside the regular school day before | ||||||
10 | and after school or during non-instructional times during | ||||||
11 | the school day. | ||||||
12 | "Extension Limitation Ratio" means a numerical ratio | ||||||
13 | in which the numerator is the Base Tax Year's Extension | ||||||
14 | and the denominator is the Preceding Tax Year's Extension. | ||||||
15 | "Final Percent of Adequacy" is defined in paragraph | ||||||
16 | (4) of subsection (f) of this Section. | ||||||
17 | "Final Resources" is defined in paragraph (3) of | ||||||
18 | subsection (f) of this Section. | ||||||
19 | "Full-time equivalent" or "FTE" means the full-time | ||||||
20 | equivalency compensation for staffing the relevant | ||||||
21 | position at an Organizational Unit. | ||||||
22 | "Funding Gap" is defined in paragraph (1) of | ||||||
23 | subsection (g). | ||||||
24 | "Hybrid District" means a partial elementary unit | ||||||
25 | district created pursuant to Article 11E of this Code. | ||||||
26 | "Instructional assistant" means a core or special |
| |||||||
| |||||||
1 | education, non-licensed employee who assists a teacher in | ||||||
2 | the classroom and provides academic support to students. | ||||||
3 | "Instructional facilitator" means a qualified teacher | ||||||
4 | or licensed teacher leader who facilitates and coaches | ||||||
5 | continuous improvement in classroom instruction; provides | ||||||
6 | instructional support to teachers in the elements of | ||||||
7 | research-based instruction or demonstrates the alignment | ||||||
8 | of instruction with curriculum standards and assessment | ||||||
9 | tools; develops or coordinates instructional programs or | ||||||
10 | strategies; develops and implements training; chooses | ||||||
11 | standards-based instructional materials; provides | ||||||
12 | teachers with an understanding of current research; serves | ||||||
13 | as a mentor, site coach, curriculum specialist, or lead | ||||||
14 | teacher; or otherwise works with fellow teachers, in | ||||||
15 | collaboration, to use data to improve instructional | ||||||
16 | practice or develop model lessons. | ||||||
17 | "Instructional materials" means relevant | ||||||
18 | instructional materials for student instruction, | ||||||
19 | including, but not limited to, textbooks, consumable | ||||||
20 | workbooks, laboratory equipment, library books, and other | ||||||
21 | similar materials. | ||||||
22 | "Laboratory School" means a public school that is | ||||||
23 | created and operated by a public university and approved | ||||||
24 | by the State Board. | ||||||
25 | "Librarian" means a teacher with an endorsement as a | ||||||
26 | library information specialist or another individual whose |
| |||||||
| |||||||
1 | primary responsibility is overseeing library resources | ||||||
2 | within an Organizational Unit. | ||||||
3 | "Limiting rate for Hybrid Districts" means the | ||||||
4 | combined elementary school and high school limiting rates. | ||||||
5 | "Local Capacity" is defined in paragraph (1) of | ||||||
6 | subsection (c) of this Section. | ||||||
7 | "Local Capacity Percentage" is defined in subparagraph | ||||||
8 | (A) of paragraph (2) of subsection (c) of this Section. | ||||||
9 | "Local Capacity Ratio" is defined in subparagraph (B) | ||||||
10 | of paragraph (2) of subsection (c) of this Section. | ||||||
11 | "Local Capacity Target" is defined in paragraph (2) of | ||||||
12 | subsection (c) of this Section. | ||||||
13 | "Low-Income Count" means, for an Organizational Unit | ||||||
14 | in a fiscal year, the higher of the average number of | ||||||
15 | students for the prior school year or the immediately | ||||||
16 | preceding 3 school years who, as of July 1 of the | ||||||
17 | immediately preceding fiscal year (as determined by the | ||||||
18 | Department of Human Services), are eligible for at least | ||||||
19 | one of the following low-income programs: Medicaid, the | ||||||
20 | Children's Health Insurance Program, Temporary Assistance | ||||||
21 | for Needy Families (TANF), or the Supplemental Nutrition | ||||||
22 | Assistance Program, excluding pupils who are eligible for | ||||||
23 | services provided by the Department of Children and Family | ||||||
24 | Services. Until such time that grade level low-income | ||||||
25 | populations become available, grade level low-income | ||||||
26 | populations shall be determined by applying the low-income |
| |||||||
| |||||||
1 | percentage to total student enrollments by grade level. | ||||||
2 | The low-income percentage is determined by dividing the | ||||||
3 | Low-Income Count by the Average Student Enrollment. The | ||||||
4 | low-income percentage for programs operated by a regional | ||||||
5 | office of education or an intermediate service center must | ||||||
6 | be set to the weighted average of the low-income | ||||||
7 | percentages of all of the school districts in the service | ||||||
8 | region. The weighted low-income percentage is the result | ||||||
9 | of multiplying the low-income percentage of each school | ||||||
10 | district served by the regional office of education or | ||||||
11 | intermediate service center by each school district's | ||||||
12 | Average Student Enrollment, summarizing those products and | ||||||
13 | dividing the total by the total Average Student Enrollment | ||||||
14 | for the service region. | ||||||
15 | "Maintenance and operations" means custodial services, | ||||||
16 | facility and ground maintenance, facility operations, | ||||||
17 | facility security, routine facility repairs, and other | ||||||
18 | similar services and functions. | ||||||
19 | "Minimum Funding Level" is defined in paragraph (9) of | ||||||
20 | subsection (g) of this Section. | ||||||
21 | "New Property Tax Relief Pool Funds" means, for any | ||||||
22 | given fiscal year, all State funds appropriated under | ||||||
23 | Section 2-3.170 of this Code. | ||||||
24 | "New State Funds" means, for a given school year, all | ||||||
25 | State funds appropriated for Evidence-Based Funding in | ||||||
26 | excess of the amount needed to fund the Base Funding |
| |||||||
| |||||||
1 | Minimum for all Organizational Units in that school year. | ||||||
2 | "Nurse" means an individual licensed as a certified | ||||||
3 | school nurse, in accordance with the rules established for | ||||||
4 | nursing services by the State Board, who is an employee of | ||||||
5 | and is available to provide health care-related services | ||||||
6 | for students of an Organizational Unit. | ||||||
7 | "Operating Tax Rate" means the rate utilized in the | ||||||
8 | previous year to extend property taxes for all purposes, | ||||||
9 | except Bond and Interest, Summer School, Rent, Capital | ||||||
10 | Improvement, and Vocational Education Building purposes. | ||||||
11 | For Hybrid Districts, the Operating Tax Rate shall be the | ||||||
12 | combined elementary and high school rates utilized in the | ||||||
13 | previous year to extend property taxes for all purposes, | ||||||
14 | except Bond and Interest, Summer School, Rent, Capital | ||||||
15 | Improvement, and Vocational Education Building purposes. | ||||||
16 | "Organizational Unit" means a Laboratory School or any | ||||||
17 | public school district that is recognized as such by the | ||||||
18 | State Board and that contains elementary schools typically | ||||||
19 | serving kindergarten through 5th grades, middle schools | ||||||
20 | typically serving 6th through 8th grades, high schools | ||||||
21 | typically serving 9th through 12th grades, a program | ||||||
22 | established under Section 2-3.66 or 2-3.41, or a program | ||||||
23 | operated by a regional office of education or an | ||||||
24 | intermediate service center under Article 13A or 13B. The | ||||||
25 | General Assembly acknowledges that the actual grade levels | ||||||
26 | served by a particular Organizational Unit may vary |
| |||||||
| |||||||
1 | slightly from what is typical. | ||||||
2 | "Organizational Unit CWI" is determined by calculating | ||||||
3 | the CWI in the region and original county in which an | ||||||
4 | Organizational Unit's primary administrative office is | ||||||
5 | located as set forth in this paragraph, provided that if | ||||||
6 | the Organizational Unit CWI as calculated in accordance | ||||||
7 | with this paragraph is less than 0.9, the Organizational | ||||||
8 | Unit CWI shall be increased to 0.9. Each county's current | ||||||
9 | CWI value shall be adjusted based on the CWI value of that | ||||||
10 | county's neighboring Illinois counties, to create a | ||||||
11 | "weighted adjusted index value". This shall be calculated | ||||||
12 | by summing the CWI values of all of a county's adjacent | ||||||
13 | Illinois counties and dividing by the number of adjacent | ||||||
14 | Illinois counties, then taking the weighted value of the | ||||||
15 | original county's CWI value and the adjacent Illinois | ||||||
16 | county average. To calculate this weighted value, if the | ||||||
17 | number of adjacent Illinois counties is greater than 2, | ||||||
18 | the original county's CWI value will be weighted at 0.25 | ||||||
19 | and the adjacent Illinois county average will be weighted | ||||||
20 | at 0.75. If the number of adjacent Illinois counties is 2, | ||||||
21 | the original county's CWI value will be weighted at 0.33 | ||||||
22 | and the adjacent Illinois county average will be weighted | ||||||
23 | at 0.66. The greater of the county's current CWI value and | ||||||
24 | its weighted adjusted index value shall be used as the | ||||||
25 | Organizational Unit CWI. | ||||||
26 | "Preceding Tax Year" means the property tax levy year |
| |||||||
| |||||||
1 | immediately preceding the Base Tax Year. | ||||||
2 | "Preceding Tax Year's Extension" means the product of | ||||||
3 | the equalized assessed valuation utilized by the county | ||||||
4 | clerk in the Preceding Tax Year multiplied by the | ||||||
5 | Operating Tax Rate. | ||||||
6 | "Preliminary Percent of Adequacy" is defined in | ||||||
7 | paragraph (2) of subsection (f) of this Section. | ||||||
8 | "Preliminary Resources" is defined in paragraph (2) of | ||||||
9 | subsection (f) of this Section. | ||||||
10 | "Principal" means a school administrator duly endorsed | ||||||
11 | to be employed as a principal in this State. | ||||||
12 | "Professional development" means training programs for | ||||||
13 | licensed staff in schools, including, but not limited to, | ||||||
14 | programs that assist in implementing new curriculum | ||||||
15 | programs, provide data focused or academic assessment data | ||||||
16 | training to help staff identify a student's weaknesses and | ||||||
17 | strengths, target interventions, improve instruction, | ||||||
18 | encompass instructional strategies for English learner, | ||||||
19 | gifted, or at-risk students, address inclusivity, cultural | ||||||
20 | sensitivity, or implicit bias, or otherwise provide | ||||||
21 | professional support for licensed staff. | ||||||
22 | "Prototypical" means 450 special education | ||||||
23 | pre-kindergarten and kindergarten through grade 5 students | ||||||
24 | for an elementary school, 450 grade 6 through 8 students | ||||||
25 | for a middle school, and 600 grade 9 through 12 students | ||||||
26 | for a high school. |
| |||||||
| |||||||
1 | "PTELL" means the Property Tax Extension Limitation | ||||||
2 | Law. | ||||||
3 | "PTELL EAV" is defined in paragraph (4) of subsection | ||||||
4 | (d) of this Section. | ||||||
5 | "Pupil support staff" means a nurse, psychologist, | ||||||
6 | social worker, family liaison personnel, or other staff | ||||||
7 | member who provides support to at-risk or struggling | ||||||
8 | students. | ||||||
9 | "Real Receipts" is defined in paragraph (1) of | ||||||
10 | subsection (d) of this Section. | ||||||
11 | "Regionalization Factor" means, for a particular | ||||||
12 | Organizational Unit, the figure derived by dividing the | ||||||
13 | Organizational Unit CWI by the Statewide Weighted CWI. | ||||||
14 | "School counselor" means a licensed school counselor | ||||||
15 | who provides guidance and counseling support for students | ||||||
16 | within an Organizational Unit. | ||||||
17 | "School site staff" means the primary school secretary | ||||||
18 | and any additional clerical personnel assigned to a | ||||||
19 | school. | ||||||
20 | "Special education" means special educational | ||||||
21 | facilities and services, as defined in Section 14-1.08 of | ||||||
22 | this Code. | ||||||
23 | "Special Education Allocation" means the amount of an | ||||||
24 | Organizational Unit's final Adequacy Target attributable | ||||||
25 | to special education divided by the Organizational Unit's | ||||||
26 | final Adequacy Target, the product of which shall be |
| |||||||
| |||||||
1 | multiplied by the amount of new funding received pursuant | ||||||
2 | to this Section. An Organizational Unit's final Adequacy | ||||||
3 | Target attributable to special education shall include all | ||||||
4 | special education investment adequacy elements. | ||||||
5 | "Specialist teacher" means a teacher who provides | ||||||
6 | instruction in subject areas not included in core | ||||||
7 | subjects, including, but not limited to, art, music, | ||||||
8 | physical education, health, driver education, | ||||||
9 | career-technical education, and such other subject areas | ||||||
10 | as may be mandated by State law or provided by an | ||||||
11 | Organizational Unit. | ||||||
12 | "Specially Funded Unit" means an Alternative School, | ||||||
13 | safe school, Department of Juvenile Justice school, | ||||||
14 | special education cooperative or entity recognized by the | ||||||
15 | State Board as a special education cooperative, | ||||||
16 | State-approved charter school, or alternative learning | ||||||
17 | opportunities program that received direct funding from | ||||||
18 | the State Board during the 2016-2017 school year through | ||||||
19 | any of the funding sources included within the calculation | ||||||
20 | of the Base Funding Minimum or Glenwood Academy. | ||||||
21 | "Supplemental Grant Funding" means supplemental | ||||||
22 | general State aid funding received by an Organizational | ||||||
23 | Unit during the 2016-2017 school year pursuant to | ||||||
24 | subsection (H) of Section 18-8.05 of this Code (now | ||||||
25 | repealed). | ||||||
26 | "State Adequacy Level" is the sum of the Adequacy |
| |||||||
| |||||||
1 | Targets of all Organizational Units. | ||||||
2 | "State Board" means the State Board of Education. | ||||||
3 | "State Superintendent" means the State Superintendent | ||||||
4 | of Education. | ||||||
5 | "Statewide Weighted CWI" means a figure determined by | ||||||
6 | multiplying each Organizational Unit CWI times the ASE for | ||||||
7 | that Organizational Unit creating a weighted value, | ||||||
8 | summing all Organizational Units' weighted values, and | ||||||
9 | dividing by the total ASE of all Organizational Units, | ||||||
10 | thereby creating an average weighted index. | ||||||
11 | "Student activities" means non-credit producing | ||||||
12 | after-school programs, including, but not limited to, | ||||||
13 | clubs, bands, sports, and other activities authorized by | ||||||
14 | the school board of the Organizational Unit. | ||||||
15 | "Substitute teacher" means an individual teacher or | ||||||
16 | teaching assistant who is employed by an Organizational | ||||||
17 | Unit and is temporarily serving the Organizational Unit on | ||||||
18 | a per diem or per period-assignment basis to replace | ||||||
19 | another staff member. | ||||||
20 | "Summer school" means academic and enrichment programs | ||||||
21 | provided to students during the summer months outside of | ||||||
22 | the regular school year. | ||||||
23 | "Supervisory aide" means a non-licensed staff member | ||||||
24 | who helps in supervising students of an Organizational | ||||||
25 | Unit, but does so outside of the classroom, in situations | ||||||
26 | such as, but not limited to, monitoring hallways and |
| |||||||
| |||||||
1 | playgrounds, supervising lunchrooms, or supervising | ||||||
2 | students when being transported in buses serving the | ||||||
3 | Organizational Unit. | ||||||
4 | "Target Ratio" is defined in paragraph (4) of | ||||||
5 | subsection (g). | ||||||
6 | "Tier 1", "Tier 2", "Tier 3", and "Tier 4" are defined | ||||||
7 | in paragraph (3) of subsection (g). | ||||||
8 | "Tier 1 Aggregate Funding", "Tier 2 Aggregate | ||||||
9 | Funding", "Tier 3 Aggregate Funding", and "Tier 4 | ||||||
10 | Aggregate Funding" are defined in paragraph (1) of | ||||||
11 | subsection (g). | ||||||
12 | (b) Adequacy Target calculation. | ||||||
13 | (1) Each Organizational Unit's Adequacy Target is the | ||||||
14 | sum of the Organizational Unit's cost of providing | ||||||
15 | Essential Elements, as calculated in accordance with this | ||||||
16 | subsection (b), with the salary amounts in the Essential | ||||||
17 | Elements multiplied by a Regionalization Factor calculated | ||||||
18 | pursuant to paragraph (3) of this subsection (b). | ||||||
19 | (2) The Essential Elements are attributable on a pro | ||||||
20 | rata basis related to defined subgroups of the ASE of each | ||||||
21 | Organizational Unit as specified in this paragraph (2), | ||||||
22 | with investments and FTE positions pro rata funded based | ||||||
23 | on ASE counts in excess of or less than the thresholds set | ||||||
24 | forth in this paragraph (2). The method for calculating | ||||||
25 | attributable pro rata costs and the defined subgroups | ||||||
26 | thereto are as follows: |
| |||||||
| |||||||
1 | (A) Core class size investments. Each | ||||||
2 | Organizational Unit shall receive the funding required | ||||||
3 | to support that number of FTE core teacher positions | ||||||
4 | as is needed to keep the respective class sizes of the | ||||||
5 | Organizational Unit to the following maximum numbers: | ||||||
6 | (i) For grades kindergarten through 3, the | ||||||
7 | Organizational Unit shall receive funding required | ||||||
8 | to support one FTE core teacher position for every | ||||||
9 | 15 Low-Income Count students in those grades and | ||||||
10 | one FTE core teacher position for every 20 | ||||||
11 | non-Low-Income Count students in those grades. | ||||||
12 | (ii) For grades 4 through 12, the | ||||||
13 | Organizational Unit shall receive funding required | ||||||
14 | to support one FTE core teacher position for every | ||||||
15 | 20 Low-Income Count students in those grades and | ||||||
16 | one FTE core teacher position for every 25 | ||||||
17 | non-Low-Income Count students in those grades. | ||||||
18 | The number of non-Low-Income Count students in a | ||||||
19 | grade shall be determined by subtracting the | ||||||
20 | Low-Income students in that grade from the ASE of the | ||||||
21 | Organizational Unit for that grade. | ||||||
22 | (B) Specialist teacher investments. Each | ||||||
23 | Organizational Unit shall receive the funding needed | ||||||
24 | to cover that number of FTE specialist teacher | ||||||
25 | positions that correspond to the following | ||||||
26 | percentages: |
| |||||||
| |||||||
1 | (i) if the Organizational Unit operates an | ||||||
2 | elementary or middle school, then 20.00% of the | ||||||
3 | number of the Organizational Unit's core teachers, | ||||||
4 | as determined under subparagraph (A) of this | ||||||
5 | paragraph (2); and | ||||||
6 | (ii) if such Organizational Unit operates a | ||||||
7 | high school, then 33.33% of the number of the | ||||||
8 | Organizational Unit's core teachers. | ||||||
9 | (C) Instructional facilitator investments. Each | ||||||
10 | Organizational Unit shall receive the funding needed | ||||||
11 | to cover one FTE instructional facilitator position | ||||||
12 | for every 200 combined ASE of pre-kindergarten | ||||||
13 | children with disabilities and all kindergarten | ||||||
14 | through grade 12 students of the Organizational Unit. | ||||||
15 | (D) Core intervention teacher (tutor) investments. | ||||||
16 | Each Organizational Unit shall receive the funding | ||||||
17 | needed to cover one FTE teacher position for each | ||||||
18 | prototypical elementary, middle, and high school. | ||||||
19 | (E) Substitute teacher investments. Each | ||||||
20 | Organizational Unit shall receive the funding needed | ||||||
21 | to cover substitute teacher costs that is equal to | ||||||
22 | 5.70% of the minimum pupil attendance days required | ||||||
23 | under Section 10-19 of this Code for all full-time | ||||||
24 | equivalent core, specialist, and intervention | ||||||
25 | teachers, school nurses, special education teachers | ||||||
26 | and instructional assistants, instructional |
| |||||||
| |||||||
1 | facilitators, and summer school and extended day | ||||||
2 | teacher positions, as determined under this paragraph | ||||||
3 | (2), at a salary rate of 33.33% of the average salary | ||||||
4 | for grade K through 12 teachers and 33.33% of the | ||||||
5 | average salary of each instructional assistant | ||||||
6 | position. | ||||||
7 | (F) Core school counselor investments. Each | ||||||
8 | Organizational Unit shall receive the funding needed | ||||||
9 | to cover one FTE school counselor for each 450 | ||||||
10 | combined ASE of pre-kindergarten children with | ||||||
11 | disabilities and all kindergarten through grade 5 | ||||||
12 | students, plus one FTE school counselor for each 250 | ||||||
13 | grades 6 through 8 ASE middle school students, plus | ||||||
14 | one FTE school counselor for each 250 grades 9 through | ||||||
15 | 12 ASE high school students. | ||||||
16 | (G) Nurse investments. Each Organizational Unit | ||||||
17 | shall receive the funding needed to cover one FTE | ||||||
18 | nurse for each 750 combined ASE of pre-kindergarten | ||||||
19 | children with disabilities and all kindergarten | ||||||
20 | through grade 12 students across all grade levels it | ||||||
21 | serves. | ||||||
22 | (H) Supervisory aide investments. Each | ||||||
23 | Organizational Unit shall receive the funding needed | ||||||
24 | to cover one FTE for each 225 combined ASE of | ||||||
25 | pre-kindergarten children with disabilities and all | ||||||
26 | kindergarten through grade 5 students, plus one FTE |
| |||||||
| |||||||
1 | for each 225 ASE middle school students, plus one FTE | ||||||
2 | for each 200 ASE high school students. | ||||||
3 | (I) Librarian investments. Each Organizational | ||||||
4 | Unit shall receive the funding needed to cover one FTE | ||||||
5 | librarian for each prototypical elementary school, | ||||||
6 | middle school, and high school and one FTE aide or | ||||||
7 | media technician for every 300 combined ASE of | ||||||
8 | pre-kindergarten children with disabilities and all | ||||||
9 | kindergarten through grade 12 students. | ||||||
10 | (J) Principal investments. Each Organizational | ||||||
11 | Unit shall receive the funding needed to cover one FTE | ||||||
12 | principal position for each prototypical elementary | ||||||
13 | school, plus one FTE principal position for each | ||||||
14 | prototypical middle school, plus one FTE principal | ||||||
15 | position for each prototypical high school. | ||||||
16 | (K) Assistant principal investments. Each | ||||||
17 | Organizational Unit shall receive the funding needed | ||||||
18 | to cover one FTE assistant principal position for each | ||||||
19 | prototypical elementary school, plus one FTE assistant | ||||||
20 | principal position for each prototypical middle | ||||||
21 | school, plus one FTE assistant principal position for | ||||||
22 | each prototypical high school. | ||||||
23 | (L) School site staff investments. Each | ||||||
24 | Organizational Unit shall receive the funding needed | ||||||
25 | for one FTE position for each 225 ASE of | ||||||
26 | pre-kindergarten children with disabilities and all |
| |||||||
| |||||||
1 | kindergarten through grade 5 students, plus one FTE | ||||||
2 | position for each 225 ASE middle school students, plus | ||||||
3 | one FTE position for each 200 ASE high school | ||||||
4 | students. | ||||||
5 | (M) Gifted investments. Each Organizational Unit | ||||||
6 | shall receive $40 per kindergarten through grade 12 | ||||||
7 | ASE. | ||||||
8 | (N) Professional development investments. Each | ||||||
9 | Organizational Unit shall receive $125 per student of | ||||||
10 | the combined ASE of pre-kindergarten children with | ||||||
11 | disabilities and all kindergarten through grade 12 | ||||||
12 | students for trainers and other professional | ||||||
13 | development-related expenses for supplies and | ||||||
14 | materials. | ||||||
15 | (O) Instructional material investments. Each | ||||||
16 | Organizational Unit shall receive $190 per student of | ||||||
17 | the combined ASE of pre-kindergarten children with | ||||||
18 | disabilities and all kindergarten through grade 12 | ||||||
19 | students to cover instructional material costs. | ||||||
20 | (P) Assessment investments. Each Organizational | ||||||
21 | Unit shall receive $25 per student of the combined ASE | ||||||
22 | of pre-kindergarten children with disabilities and all | ||||||
23 | kindergarten through grade 12 students to cover | ||||||
24 | assessment costs. | ||||||
25 | (Q) Computer technology and equipment investments. | ||||||
26 | Each Organizational Unit shall receive $285.50 per |
| |||||||
| |||||||
1 | student of the combined ASE of pre-kindergarten | ||||||
2 | children with disabilities and all kindergarten | ||||||
3 | through grade 12 students to cover computer technology | ||||||
4 | and equipment costs. For the 2018-2019 school year and | ||||||
5 | subsequent school years, Organizational Units assigned | ||||||
6 | to Tier 1 and Tier 2 in the prior school year shall | ||||||
7 | receive an additional $285.50 per student of the | ||||||
8 | combined ASE of pre-kindergarten children with | ||||||
9 | disabilities and all kindergarten through grade 12 | ||||||
10 | students to cover computer technology and equipment | ||||||
11 | costs in the Organizational Unit's Adequacy Target. | ||||||
12 | The State Board may establish additional requirements | ||||||
13 | for Organizational Unit expenditures of funds received | ||||||
14 | pursuant to this subparagraph (Q), including a | ||||||
15 | requirement that funds received pursuant to this | ||||||
16 | subparagraph (Q) may be used only for serving the | ||||||
17 | technology needs of the district. It is the intent of | ||||||
18 | Public Act 100-465 that all Tier 1 and Tier 2 districts | ||||||
19 | receive the addition to their Adequacy Target in the | ||||||
20 | following year, subject to compliance with the | ||||||
21 | requirements of the State Board. | ||||||
22 | (R) Student activities investments. Each | ||||||
23 | Organizational Unit shall receive the following | ||||||
24 | funding amounts to cover student activities: $100 per | ||||||
25 | kindergarten through grade 5 ASE student in elementary | ||||||
26 | school, plus $200 per ASE student in middle school, |
| |||||||
| |||||||
1 | plus $675 per ASE student in high school. | ||||||
2 | (S) Maintenance and operations investments. Each | ||||||
3 | Organizational Unit shall receive $1,038 per student | ||||||
4 | of the combined ASE of pre-kindergarten children with | ||||||
5 | disabilities and all kindergarten through grade 12 | ||||||
6 | students for day-to-day maintenance and operations | ||||||
7 | expenditures, including salary, supplies, and | ||||||
8 | materials, as well as purchased services, but | ||||||
9 | excluding employee benefits. The proportion of salary | ||||||
10 | for the application of a Regionalization Factor and | ||||||
11 | the calculation of benefits is equal to $352.92. | ||||||
12 | (T) Central office investments. Each | ||||||
13 | Organizational Unit shall receive $742 per student of | ||||||
14 | the combined ASE of pre-kindergarten children with | ||||||
15 | disabilities and all kindergarten through grade 12 | ||||||
16 | students to cover central office operations, including | ||||||
17 | administrators and classified personnel charged with | ||||||
18 | managing the instructional programs, business and | ||||||
19 | operations of the school district, and security | ||||||
20 | personnel. The proportion of salary for the | ||||||
21 | application of a Regionalization Factor and the | ||||||
22 | calculation of benefits is equal to $368.48. | ||||||
23 | (U) Employee benefit investments. Each | ||||||
24 | Organizational Unit shall receive 30% of the total of | ||||||
25 | all salary-calculated elements of the Adequacy Target, | ||||||
26 | excluding substitute teachers and student activities |
| |||||||
| |||||||
1 | investments, to cover benefit costs. For central | ||||||
2 | office and maintenance and operations investments, the | ||||||
3 | benefit calculation shall be based upon the salary | ||||||
4 | proportion of each investment. If at any time the | ||||||
5 | responsibility for funding the employer normal cost of | ||||||
6 | teacher pensions is assigned to school districts, then | ||||||
7 | that amount certified by the Teachers' Retirement | ||||||
8 | System of the State of Illinois to be paid by the | ||||||
9 | Organizational Unit for the preceding school year | ||||||
10 | shall be added to the benefit investment. For any | ||||||
11 | fiscal year in which a school district organized under | ||||||
12 | Article 34 of this Code is responsible for paying the | ||||||
13 | employer normal cost of teacher pensions, then that | ||||||
14 | amount of its employer normal cost plus the amount for | ||||||
15 | retiree health insurance as certified by the Public | ||||||
16 | School Teachers' Pension and Retirement Fund of | ||||||
17 | Chicago to be paid by the school district for the | ||||||
18 | preceding school year that is statutorily required to | ||||||
19 | cover employer normal costs and the amount for retiree | ||||||
20 | health insurance shall be added to the 30% specified | ||||||
21 | in this subparagraph (U). The Teachers' Retirement | ||||||
22 | System of the State of Illinois and the Public School | ||||||
23 | Teachers' Pension and Retirement Fund of Chicago shall | ||||||
24 | submit such information as the State Superintendent | ||||||
25 | may require for the calculations set forth in this | ||||||
26 | subparagraph (U). |
| |||||||
| |||||||
1 | (V) Additional investments in low-income students. | ||||||
2 | In addition to and not in lieu of all other funding | ||||||
3 | under this paragraph (2), each Organizational Unit | ||||||
4 | shall receive funding based on the average teacher | ||||||
5 | salary for grades K through 12 to cover the costs of: | ||||||
6 | (i) one FTE intervention teacher (tutor) | ||||||
7 | position for every 125 Low-Income Count students; | ||||||
8 | (ii) one FTE pupil support staff position for | ||||||
9 | every 125 Low-Income Count students; | ||||||
10 | (iii) one FTE extended day teacher position | ||||||
11 | for every 120 Low-Income Count students; and | ||||||
12 | (iv) one FTE summer school teacher position | ||||||
13 | for every 120 Low-Income Count students. | ||||||
14 | (W) Additional investments in English learner | ||||||
15 | students. In addition to and not in lieu of all other | ||||||
16 | funding under this paragraph (2), each Organizational | ||||||
17 | Unit shall receive funding based on the average | ||||||
18 | teacher salary for grades K through 12 to cover the | ||||||
19 | costs of: | ||||||
20 | (i) one FTE intervention teacher (tutor) | ||||||
21 | position for every 125 English learner students; | ||||||
22 | (ii) one FTE pupil support staff position for | ||||||
23 | every 125 English learner students; | ||||||
24 | (iii) one FTE extended day teacher position | ||||||
25 | for every 120 English learner students; | ||||||
26 | (iv) one FTE summer school teacher position |
| |||||||
| |||||||
1 | for every 120 English learner students; and | ||||||
2 | (v) one FTE core teacher position for every | ||||||
3 | 100 English learner students. | ||||||
4 | (X) Special education investments. Each | ||||||
5 | Organizational Unit shall receive funding based on the | ||||||
6 | average teacher salary for grades K through 12 to | ||||||
7 | cover special education as follows: | ||||||
8 | (i) one FTE teacher position for every 141 | ||||||
9 | combined ASE of pre-kindergarten children with | ||||||
10 | disabilities and all kindergarten through grade 12 | ||||||
11 | students; | ||||||
12 | (ii) one FTE instructional assistant for every | ||||||
13 | 141 combined ASE of pre-kindergarten children with | ||||||
14 | disabilities and all kindergarten through grade 12 | ||||||
15 | students; and | ||||||
16 | (iii) one FTE psychologist position for every | ||||||
17 | 1,000 combined ASE of pre-kindergarten children | ||||||
18 | with disabilities and all kindergarten through | ||||||
19 | grade 12 students. | ||||||
20 | (3) For calculating the salaries included within the | ||||||
21 | Essential Elements, the State Superintendent shall | ||||||
22 | annually calculate average salaries to the nearest dollar | ||||||
23 | using the employment information system data maintained by | ||||||
24 | the State Board, limited to public schools only and | ||||||
25 | excluding special education and vocational cooperatives, | ||||||
26 | schools operated by the Department of Juvenile Justice, |
| |||||||
| |||||||
1 | and charter schools, for the following positions: | ||||||
2 | (A) Teacher for grades K through 8. | ||||||
3 | (B) Teacher for grades 9 through 12. | ||||||
4 | (C) Teacher for grades K through 12. | ||||||
5 | (D) School counselor for grades K through 8. | ||||||
6 | (E) School counselor for grades 9 through 12. | ||||||
7 | (F) School counselor for grades K through 12. | ||||||
8 | (G) Social worker. | ||||||
9 | (H) Psychologist. | ||||||
10 | (I) Librarian. | ||||||
11 | (J) Nurse. | ||||||
12 | (K) Principal. | ||||||
13 | (L) Assistant principal. | ||||||
14 | For the purposes of this paragraph (3), "teacher" | ||||||
15 | includes core teachers, specialist and elective teachers, | ||||||
16 | instructional facilitators, tutors, special education | ||||||
17 | teachers, pupil support staff teachers, English learner | ||||||
18 | teachers, extended day teachers, and summer school | ||||||
19 | teachers. Where specific grade data is not required for | ||||||
20 | the Essential Elements, the average salary for | ||||||
21 | corresponding positions shall apply. For substitute | ||||||
22 | teachers, the average teacher salary for grades K through | ||||||
23 | 12 shall apply. | ||||||
24 | For calculating the salaries included within the | ||||||
25 | Essential Elements for positions not included within EIS | ||||||
26 | Data, the following salaries shall be used in the first |
| |||||||
| |||||||
1 | year of implementation of Evidence-Based Funding: | ||||||
2 | (i) school site staff, $30,000; and | ||||||
3 | (ii) non-instructional assistant, instructional | ||||||
4 | assistant, library aide, library media tech, or | ||||||
5 | supervisory aide: $25,000. | ||||||
6 | In the second and subsequent years of implementation | ||||||
7 | of Evidence-Based Funding, the amounts in items (i) and | ||||||
8 | (ii) of this paragraph (3) shall annually increase by the | ||||||
9 | ECI. | ||||||
10 | The salary amounts for the Essential Elements | ||||||
11 | determined pursuant to subparagraphs (A) through (L), (S) | ||||||
12 | and (T), and (V) through (X) of paragraph (2) of | ||||||
13 | subsection (b) of this Section shall be multiplied by a | ||||||
14 | Regionalization Factor. | ||||||
15 | (c) Local Capacity calculation. | ||||||
16 | (1) Each Organizational Unit's Local Capacity | ||||||
17 | represents an amount of funding it is assumed to | ||||||
18 | contribute toward its Adequacy Target for purposes of the | ||||||
19 | Evidence-Based Funding formula calculation. "Local | ||||||
20 | Capacity" means either (i) the Organizational Unit's Local | ||||||
21 | Capacity Target as calculated in accordance with paragraph | ||||||
22 | (2) of this subsection (c) if its Real Receipts are equal | ||||||
23 | to or less than its Local Capacity Target or (ii) the | ||||||
24 | Organizational Unit's Adjusted Local Capacity, as | ||||||
25 | calculated in accordance with paragraph (3) of this | ||||||
26 | subsection (c) if Real Receipts are more than its Local |
| |||||||
| |||||||
1 | Capacity Target. | ||||||
2 | (2) "Local Capacity Target" means, for an | ||||||
3 | Organizational Unit, that dollar amount that is obtained | ||||||
4 | by multiplying its Adequacy Target by its Local Capacity | ||||||
5 | Ratio. | ||||||
6 | (A) An Organizational Unit's Local Capacity | ||||||
7 | Percentage is the conversion of the Organizational | ||||||
8 | Unit's Local Capacity Ratio, as such ratio is | ||||||
9 | determined in accordance with subparagraph (B) of this | ||||||
10 | paragraph (2), into a cumulative distribution | ||||||
11 | resulting in a percentile ranking to determine each | ||||||
12 | Organizational Unit's relative position to all other | ||||||
13 | Organizational Units in this State. The calculation of | ||||||
14 | Local Capacity Percentage is described in subparagraph | ||||||
15 | (C) of this paragraph (2). | ||||||
16 | (B) An Organizational Unit's Local Capacity Ratio | ||||||
17 | in a given year is the percentage obtained by dividing | ||||||
18 | its Adjusted EAV or PTELL EAV, whichever is less, by | ||||||
19 | its Adequacy Target, with the resulting ratio further | ||||||
20 | adjusted as follows: | ||||||
21 | (i) for Organizational Units serving grades | ||||||
22 | kindergarten through 12 and Hybrid Districts, no | ||||||
23 | further adjustments shall be made; | ||||||
24 | (ii) for Organizational Units serving grades | ||||||
25 | kindergarten through 8, the ratio shall be | ||||||
26 | multiplied by 9/13; |
| |||||||
| |||||||
1 | (iii) for Organizational Units serving grades | ||||||
2 | 9 through 12, the Local Capacity Ratio shall be | ||||||
3 | multiplied by 4/13; and | ||||||
4 | (iv) for an Organizational Unit with a | ||||||
5 | different grade configuration than those specified | ||||||
6 | in items (i) through (iii) of this subparagraph | ||||||
7 | (B), the State Superintendent shall determine a | ||||||
8 | comparable adjustment based on the grades served. | ||||||
9 | (C) The Local Capacity Percentage is equal to the | ||||||
10 | percentile ranking of the district. Local Capacity | ||||||
11 | Percentage converts each Organizational Unit's Local | ||||||
12 | Capacity Ratio to a cumulative distribution resulting | ||||||
13 | in a percentile ranking to determine each | ||||||
14 | Organizational Unit's relative position to all other | ||||||
15 | Organizational Units in this State. The Local Capacity | ||||||
16 | Percentage cumulative distribution resulting in a | ||||||
17 | percentile ranking for each Organizational Unit shall | ||||||
18 | be calculated using the standard normal distribution | ||||||
19 | of the score in relation to the weighted mean and | ||||||
20 | weighted standard deviation and Local Capacity Ratios | ||||||
21 | of all Organizational Units. If the value assigned to | ||||||
22 | any Organizational Unit is in excess of 90%, the value | ||||||
23 | shall be adjusted to 90%. For Laboratory Schools, the | ||||||
24 | Local Capacity Percentage shall be set at 10% in | ||||||
25 | recognition of the absence of EAV and resources from | ||||||
26 | the public university that are allocated to the |
| |||||||
| |||||||
1 | Laboratory School. For programs operated by a regional | ||||||
2 | office of education or an intermediate service center, | ||||||
3 | the Local Capacity Percentage must be set at 10% in | ||||||
4 | recognition of the absence of EAV and resources from | ||||||
5 | school districts that are allocated to the regional | ||||||
6 | office of education or intermediate service center. | ||||||
7 | The weighted mean for the Local Capacity Percentage | ||||||
8 | shall be determined by multiplying each Organizational | ||||||
9 | Unit's Local Capacity Ratio times the ASE for the unit | ||||||
10 | creating a weighted value, summing the weighted values | ||||||
11 | of all Organizational Units, and dividing by the total | ||||||
12 | ASE of all Organizational Units. The weighted standard | ||||||
13 | deviation shall be determined by taking the square | ||||||
14 | root of the weighted variance of all Organizational | ||||||
15 | Units' Local Capacity Ratio, where the variance is | ||||||
16 | calculated by squaring the difference between each | ||||||
17 | unit's Local Capacity Ratio and the weighted mean, | ||||||
18 | then multiplying the variance for each unit times the | ||||||
19 | ASE for the unit to create a weighted variance for each | ||||||
20 | unit, then summing all units' weighted variance and | ||||||
21 | dividing by the total ASE of all units. | ||||||
22 | (D) For any Organizational Unit, the | ||||||
23 | Organizational Unit's Adjusted Local Capacity Target | ||||||
24 | shall be reduced by either (i) the school board's | ||||||
25 | remaining contribution pursuant to paragraph (ii) of | ||||||
26 | subsection (b-4) of Section 16-158 of the Illinois |
| |||||||
| |||||||
1 | Pension Code in a given year or (ii) the board of | ||||||
2 | education's remaining contribution pursuant to | ||||||
3 | paragraph (iv) of subsection (b) of Section 17-129 of | ||||||
4 | the Illinois Pension Code absent the employer normal | ||||||
5 | cost portion of the required contribution and amount | ||||||
6 | allowed pursuant to subdivision (3) of Section | ||||||
7 | 17-142.1 of the Illinois Pension Code in a given year. | ||||||
8 | In the preceding sentence, item (i) shall be certified | ||||||
9 | to the State Board of Education by the Teachers' | ||||||
10 | Retirement System of the State of Illinois and item | ||||||
11 | (ii) shall be certified to the State Board of | ||||||
12 | Education by the Public School Teachers' Pension and | ||||||
13 | Retirement Fund of the City of Chicago. | ||||||
14 | (3) If an Organizational Unit's Real Receipts are more | ||||||
15 | than its Local Capacity Target, then its Local Capacity | ||||||
16 | shall equal an Adjusted Local Capacity Target as | ||||||
17 | calculated in accordance with this paragraph (3). The | ||||||
18 | Adjusted Local Capacity Target is calculated as the sum of | ||||||
19 | the Organizational Unit's Local Capacity Target and its | ||||||
20 | Real Receipts Adjustment. The Real Receipts Adjustment | ||||||
21 | equals the Organizational Unit's Real Receipts less its | ||||||
22 | Local Capacity Target, with the resulting figure | ||||||
23 | multiplied by the Local Capacity Percentage. | ||||||
24 | As used in this paragraph (3), "Real Percent of | ||||||
25 | Adequacy" means the sum of an Organizational Unit's Real | ||||||
26 | Receipts, CPPRT, and Base Funding Minimum, with the |
| |||||||
| |||||||
1 | resulting figure divided by the Organizational Unit's | ||||||
2 | Adequacy Target. | ||||||
3 | (d) Calculation of Real Receipts, EAV, and Adjusted EAV | ||||||
4 | for purposes of the Local Capacity calculation. | ||||||
5 | (1) An Organizational Unit's Real Receipts are the | ||||||
6 | product of its Applicable Tax Rate and its Adjusted EAV. | ||||||
7 | An Organizational Unit's Applicable Tax Rate is its | ||||||
8 | Adjusted Operating Tax Rate for property within the | ||||||
9 | Organizational Unit. | ||||||
10 | (2) The State Superintendent shall calculate the | ||||||
11 | equalized assessed valuation, or EAV, of all taxable | ||||||
12 | property of each Organizational Unit as of September 30 of | ||||||
13 | the previous year in accordance with paragraph (3) of this | ||||||
14 | subsection (d). The State Superintendent shall then | ||||||
15 | determine the Adjusted EAV of each Organizational Unit in | ||||||
16 | accordance with paragraph (4) of this subsection (d), | ||||||
17 | which Adjusted EAV figure shall be used for the purposes | ||||||
18 | of calculating Local Capacity. | ||||||
19 | (3) To calculate Real Receipts and EAV, the Department | ||||||
20 | of Revenue shall supply to the State Superintendent the | ||||||
21 | value as equalized or assessed by the Department of | ||||||
22 | Revenue of all taxable property of every Organizational | ||||||
23 | Unit, together with (i) the applicable tax rate used in | ||||||
24 | extending taxes for the funds of the Organizational Unit | ||||||
25 | as of September 30 of the previous year and (ii) the | ||||||
26 | limiting rate for all Organizational Units subject to |
| |||||||
| |||||||
1 | property tax extension limitations as imposed under PTELL. | ||||||
2 | (A) The Department of Revenue shall add to the | ||||||
3 | equalized assessed value of all taxable property of | ||||||
4 | each Organizational Unit situated entirely or | ||||||
5 | partially within a county that is or was subject to the | ||||||
6 | provisions of Section 15-176 or 15-177 of the Property | ||||||
7 | Tax Code (i) an amount equal to the total amount by | ||||||
8 | which the homestead exemption allowed under Section | ||||||
9 | 15-176 or 15-177 of the Property Tax Code for real | ||||||
10 | property situated in that Organizational Unit exceeds | ||||||
11 | the total amount that would have been allowed in that | ||||||
12 | Organizational Unit if the maximum reduction under | ||||||
13 | Section 15-176 was (I) $4,500 in Cook County or $3,500 | ||||||
14 | in all other counties in tax year 2003 or (II) $5,000 | ||||||
15 | in all counties in tax year 2004 and thereafter and | ||||||
16 | (ii) an amount equal to the aggregate amount for the | ||||||
17 | taxable year of all additional exemptions under | ||||||
18 | Section 15-175 of the Property Tax Code for owners | ||||||
19 | with a household income of $30,000 or less. The county | ||||||
20 | clerk of any county that is or was subject to the | ||||||
21 | provisions of Section 15-176 or 15-177 of the Property | ||||||
22 | Tax Code shall annually calculate and certify to the | ||||||
23 | Department of Revenue for each Organizational Unit all | ||||||
24 | homestead exemption amounts under Section 15-176 or | ||||||
25 | 15-177 of the Property Tax Code and all amounts of | ||||||
26 | additional exemptions under Section 15-175 of the |
| |||||||
| |||||||
1 | Property Tax Code for owners with a household income | ||||||
2 | of $30,000 or less. It is the intent of this | ||||||
3 | subparagraph (A) that if the general homestead | ||||||
4 | exemption for a parcel of property is determined under | ||||||
5 | Section 15-176 or 15-177 of the Property Tax Code | ||||||
6 | rather than Section 15-175, then the calculation of | ||||||
7 | EAV shall not be affected by the difference, if any, | ||||||
8 | between the amount of the general homestead exemption | ||||||
9 | allowed for that parcel of property under Section | ||||||
10 | 15-176 or 15-177 of the Property Tax Code and the | ||||||
11 | amount that would have been allowed had the general | ||||||
12 | homestead exemption for that parcel of property been | ||||||
13 | determined under Section 15-175 of the Property Tax | ||||||
14 | Code. It is further the intent of this subparagraph | ||||||
15 | (A) that if additional exemptions are allowed under | ||||||
16 | Section 15-175 of the Property Tax Code for owners | ||||||
17 | with a household income of less than $30,000, then the | ||||||
18 | calculation of EAV shall not be affected by the | ||||||
19 | difference, if any, because of those additional | ||||||
20 | exemptions. | ||||||
21 | (B) With respect to any part of an Organizational | ||||||
22 | Unit within a redevelopment project area in respect to | ||||||
23 | which a municipality has adopted tax increment | ||||||
24 | allocation financing pursuant to the Tax Increment | ||||||
25 | Allocation Redevelopment Act, Division 74.4 of Article | ||||||
26 | 11 of the Illinois Municipal Code, or the Industrial |
| |||||||
| |||||||
1 | Jobs Recovery Law, Division 74.6 of Article 11 of the | ||||||
2 | Illinois Municipal Code, no part of the current EAV of | ||||||
3 | real property located in any such project area that is | ||||||
4 | attributable to an increase above the total initial | ||||||
5 | EAV of such property shall be used as part of the EAV | ||||||
6 | of the Organizational Unit, until such time as all | ||||||
7 | redevelopment project costs have been paid, as | ||||||
8 | provided in Section 11-74.4-8 of the Tax Increment | ||||||
9 | Allocation Redevelopment Act or in Section 11-74.6-35 | ||||||
10 | of the Industrial Jobs Recovery Law. For the purpose | ||||||
11 | of the EAV of the Organizational Unit, the total | ||||||
12 | initial EAV or the current EAV, whichever is lower, | ||||||
13 | shall be used until such time as all redevelopment | ||||||
14 | project costs have been paid. | ||||||
15 | (B-5) The real property equalized assessed | ||||||
16 | valuation for a school district shall be adjusted by | ||||||
17 | subtracting from the real property value, as equalized | ||||||
18 | or assessed by the Department of Revenue, for the | ||||||
19 | district an amount computed by dividing the amount of | ||||||
20 | any abatement of taxes under Section 18-170 of the | ||||||
21 | Property Tax Code by 3.00% for a district maintaining | ||||||
22 | grades kindergarten through 12, by 2.30% for a | ||||||
23 | district maintaining grades kindergarten through 8, or | ||||||
24 | by 1.05% for a district maintaining grades 9 through | ||||||
25 | 12 and adjusted by an amount computed by dividing the | ||||||
26 | amount of any abatement of taxes under subsection (a) |
| |||||||
| |||||||
1 | of Section 18-165 of the Property Tax Code by the same | ||||||
2 | percentage rates for district type as specified in | ||||||
3 | this subparagraph (B-5). | ||||||
4 | (C) For Organizational Units that are Hybrid | ||||||
5 | Districts, the State Superintendent shall use the | ||||||
6 | lesser of the adjusted equalized assessed valuation | ||||||
7 | for property within the partial elementary unit | ||||||
8 | district for elementary purposes, as defined in | ||||||
9 | Article 11E of this Code, or the adjusted equalized | ||||||
10 | assessed valuation for property within the partial | ||||||
11 | elementary unit district for high school purposes, as | ||||||
12 | defined in Article 11E of this Code. | ||||||
13 | (D) If a school district's boundaries span | ||||||
14 | multiple counties, then the Department of Revenue | ||||||
15 | shall send to the State Board, for the purposes of | ||||||
16 | calculating Evidence-Based Funding, the limiting rate | ||||||
17 | and individual rates by purpose for the county that | ||||||
18 | contains the majority of the school district's | ||||||
19 | equalized assessed valuation. | ||||||
20 | (4) An Organizational Unit's Adjusted EAV shall be the | ||||||
21 | average of its EAV over the immediately preceding 3 years | ||||||
22 | or the lesser of its EAV in the immediately preceding year | ||||||
23 | or the average of its EAV over the immediately preceding 3 | ||||||
24 | years if the EAV in the immediately preceding year has | ||||||
25 | declined by 10% or more when comparing the 2 most recent | ||||||
26 | years. In the event of Organizational Unit reorganization, |
| |||||||
| |||||||
1 | consolidation, or annexation, the Organizational Unit's | ||||||
2 | Adjusted EAV for the first 3 years after such change shall | ||||||
3 | be as follows: the most current EAV shall be used in the | ||||||
4 | first year, the average of a 2-year EAV or its EAV in the | ||||||
5 | immediately preceding year if the EAV declines by 10% or | ||||||
6 | more when comparing the 2 most recent years for the second | ||||||
7 | year, and the lesser of a 3-year average EAV or its EAV in | ||||||
8 | the immediately preceding year if the Adjusted EAV | ||||||
9 | declines by 10% or more when comparing the 2 most recent | ||||||
10 | years for the third year. For any school district whose | ||||||
11 | EAV in the immediately preceding year is used in | ||||||
12 | calculations, in the following year, the Adjusted EAV | ||||||
13 | shall be the average of its EAV over the immediately | ||||||
14 | preceding 2 years or the immediately preceding year if | ||||||
15 | that year represents a decline of 10% or more when | ||||||
16 | comparing the 2 most recent years. | ||||||
17 | "PTELL EAV" means a figure calculated by the State | ||||||
18 | Board for Organizational Units subject to PTELL as | ||||||
19 | described in this paragraph (4) for the purposes of | ||||||
20 | calculating an Organizational Unit's Local Capacity Ratio. | ||||||
21 | Except as otherwise provided in this paragraph (4), the | ||||||
22 | PTELL EAV of an Organizational Unit shall be equal to the | ||||||
23 | product of the equalized assessed valuation last used in | ||||||
24 | the calculation of general State aid under Section 18-8.05 | ||||||
25 | of this Code (now repealed) or Evidence-Based Funding | ||||||
26 | under this Section and the Organizational Unit's Extension |
| |||||||
| |||||||
1 | Limitation Ratio. If an Organizational Unit has approved | ||||||
2 | or does approve an increase in its limiting rate, pursuant | ||||||
3 | to Section 18-190 of the Property Tax Code, affecting the | ||||||
4 | Base Tax Year, the PTELL EAV shall be equal to the product | ||||||
5 | of the equalized assessed valuation last used in the | ||||||
6 | calculation of general State aid under Section 18-8.05 of | ||||||
7 | this Code (now repealed) or Evidence-Based Funding under | ||||||
8 | this Section multiplied by an amount equal to one plus the | ||||||
9 | percentage increase, if any, in the Consumer Price Index | ||||||
10 | for All Urban Consumers for all items published by the | ||||||
11 | United States Department of Labor for the 12-month | ||||||
12 | calendar year preceding the Base Tax Year, plus the | ||||||
13 | equalized assessed valuation of new property, annexed | ||||||
14 | property, and recovered tax increment value and minus the | ||||||
15 | equalized assessed valuation of disconnected property. | ||||||
16 | As used in this paragraph (4), "new property" and | ||||||
17 | "recovered tax increment value" shall have the meanings | ||||||
18 | set forth in the Property Tax Extension Limitation Law. | ||||||
19 | (e) Base Funding Minimum calculation. | ||||||
20 | (1) For the 2017-2018 school year, the Base Funding | ||||||
21 | Minimum of an Organizational Unit or a Specially Funded | ||||||
22 | Unit shall be the amount of State funds distributed to the | ||||||
23 | Organizational Unit or Specially Funded Unit during the | ||||||
24 | 2016-2017 school year prior to any adjustments and | ||||||
25 | specified appropriation amounts described in this | ||||||
26 | paragraph (1) from the following Sections, as calculated |
| |||||||
| |||||||
1 | by the State Superintendent: Section 18-8.05 of this Code | ||||||
2 | (now repealed); Section 5 of Article 224 of Public Act | ||||||
3 | 99-524 (equity grants); Section 14-7.02b of this Code | ||||||
4 | (funding for children requiring special education | ||||||
5 | services); Section 14-13.01 of this Code (special | ||||||
6 | education facilities and staffing), except for | ||||||
7 | reimbursement of the cost of transportation pursuant to | ||||||
8 | Section 14-13.01; Section 14C-12 of this Code (English | ||||||
9 | learners); and Section 18-4.3 of this Code (summer | ||||||
10 | school), based on an appropriation level of $13,121,600. | ||||||
11 | For a school district organized under Article 34 of this | ||||||
12 | Code, the Base Funding Minimum also includes (i) the funds | ||||||
13 | allocated to the school district pursuant to Section 1D-1 | ||||||
14 | of this Code attributable to funding programs authorized | ||||||
15 | by the Sections of this Code listed in the preceding | ||||||
16 | sentence and (ii) the difference between (I) the funds | ||||||
17 | allocated to the school district pursuant to Section 1D-1 | ||||||
18 | of this Code attributable to the funding programs | ||||||
19 | authorized by Section 14-7.02 (non-public special | ||||||
20 | education reimbursement), subsection (b) of Section | ||||||
21 | 14-13.01 (special education transportation), Section 29-5 | ||||||
22 | (transportation), Section 2-3.80 (agricultural | ||||||
23 | education), Section 2-3.66 (truants' alternative | ||||||
24 | education), Section 2-3.62 (educational service centers), | ||||||
25 | and Section 14-7.03 (special education - orphanage) of | ||||||
26 | this Code and Section 15 of the Childhood Hunger Relief |
| |||||||
| |||||||
1 | Act (free breakfast program) and (II) the school | ||||||
2 | district's actual expenditures for its non-public special | ||||||
3 | education, special education transportation, | ||||||
4 | transportation programs, agricultural education, truants' | ||||||
5 | alternative education, services that would otherwise be | ||||||
6 | performed by a regional office of education, special | ||||||
7 | education orphanage expenditures, and free breakfast, as | ||||||
8 | most recently calculated and reported pursuant to | ||||||
9 | subsection (f) of Section 1D-1 of this Code. The Base | ||||||
10 | Funding Minimum for Glenwood Academy shall be $952,014. | ||||||
11 | For programs operated by a regional office of education or | ||||||
12 | an intermediate service center, the Base Funding Minimum | ||||||
13 | must be the total amount of State funds allocated to those | ||||||
14 | programs in the 2018-2019 school year and amounts provided | ||||||
15 | pursuant to Article 34 of Public Act 100-586 and Section | ||||||
16 | 3-16 of this Code. All programs established after June 5, | ||||||
17 | 2019 (the effective date of Public Act 101-10) and | ||||||
18 | administered by a regional office of education or an | ||||||
19 | intermediate service center must have an initial Base | ||||||
20 | Funding Minimum set to an amount equal to the first-year | ||||||
21 | ASE multiplied by the amount of per pupil funding received | ||||||
22 | in the previous school year by the lowest funded similar | ||||||
23 | existing program type. If the enrollment for a program | ||||||
24 | operated by a regional office of education or an | ||||||
25 | intermediate service center is zero, then it may not | ||||||
26 | receive Base Funding Minimum funds for that program in the |
| |||||||
| |||||||
1 | next fiscal year, and those funds must be distributed to | ||||||
2 | Organizational Units under subsection (g). | ||||||
3 | (2) For the 2018-2019 and subsequent school years, the | ||||||
4 | Base Funding Minimum of Organizational Units and Specially | ||||||
5 | Funded Units shall be the sum of (i) the amount of | ||||||
6 | Evidence-Based Funding for the prior school year, (ii) the | ||||||
7 | Base Funding Minimum for the prior school year, and (iii) | ||||||
8 | any amount received by a school district pursuant to | ||||||
9 | Section 7 of Article 97 of Public Act 100-21. | ||||||
10 | For the 2022-2023 school year, the Base Funding | ||||||
11 | Minimum of Organizational Units shall be the amounts | ||||||
12 | recalculated by the State Board of Education for Fiscal | ||||||
13 | Year 2019 through Fiscal Year 2022 that were necessary due | ||||||
14 | to average student enrollment errors for districts | ||||||
15 | organized under Article 34 of this Code, plus the Fiscal | ||||||
16 | Year 2022 property tax relief grants provided under | ||||||
17 | Section 2-3.170 of this Code, ensuring each Organizational | ||||||
18 | Unit has the correct amount of resources for Fiscal Year | ||||||
19 | 2023 Evidence-Based Funding calculations and that Fiscal | ||||||
20 | Year 2023 Evidence-Based Funding Distributions are made in | ||||||
21 | accordance with this Section. | ||||||
22 | (3) Subject to approval by the General Assembly as | ||||||
23 | provided in this paragraph (3), an Organizational Unit | ||||||
24 | that meets all of the following criteria, as determined by | ||||||
25 | the State Board, shall have District Intervention Money | ||||||
26 | added to its Base Funding Minimum at the time the Base |
| |||||||
| |||||||
1 | Funding Minimum is calculated by the State Board: | ||||||
2 | (A) The Organizational Unit is operating under an | ||||||
3 | Independent Authority under Section 2-3.25f-5 of this | ||||||
4 | Code for a minimum of 4 school years or is subject to | ||||||
5 | the control of the State Board pursuant to a court | ||||||
6 | order for a minimum of 4 school years. | ||||||
7 | (B) The Organizational Unit was designated as a | ||||||
8 | Tier 1 or Tier 2 Organizational Unit in the previous | ||||||
9 | school year under paragraph (3) of subsection (g) of | ||||||
10 | this Section. | ||||||
11 | (C) The Organizational Unit demonstrates | ||||||
12 | sustainability through a 5-year financial and | ||||||
13 | strategic plan. | ||||||
14 | (D) The Organizational Unit has made sufficient | ||||||
15 | progress and achieved sufficient stability in the | ||||||
16 | areas of governance, academic growth, and finances. | ||||||
17 | As part of its determination under this paragraph (3), | ||||||
18 | the State Board may consider the Organizational Unit's | ||||||
19 | summative designation, any accreditations of the | ||||||
20 | Organizational Unit, or the Organizational Unit's | ||||||
21 | financial profile, as calculated by the State Board. | ||||||
22 | If the State Board determines that an Organizational | ||||||
23 | Unit has met the criteria set forth in this paragraph (3), | ||||||
24 | it must submit a report to the General Assembly, no later | ||||||
25 | than January 2 of the fiscal year in which the State Board | ||||||
26 | makes it determination, on the amount of District |
| |||||||
| |||||||
1 | Intervention Money to add to the Organizational Unit's | ||||||
2 | Base Funding Minimum. The General Assembly must review the | ||||||
3 | State Board's report and may approve or disapprove, by | ||||||
4 | joint resolution, the addition of District Intervention | ||||||
5 | Money. If the General Assembly fails to act on the report | ||||||
6 | within 40 calendar days from the receipt of the report, | ||||||
7 | the addition of District Intervention Money is deemed | ||||||
8 | approved. If the General Assembly approves the amount of | ||||||
9 | District Intervention Money to be added to the | ||||||
10 | Organizational Unit's Base Funding Minimum, the District | ||||||
11 | Intervention Money must be added to the Base Funding | ||||||
12 | Minimum annually thereafter. | ||||||
13 | For the first 4 years following the initial year that | ||||||
14 | the State Board determines that an Organizational Unit has | ||||||
15 | met the criteria set forth in this paragraph (3) and has | ||||||
16 | received funding under this Section, the Organizational | ||||||
17 | Unit must annually submit to the State Board, on or before | ||||||
18 | November 30, a progress report regarding its financial and | ||||||
19 | strategic plan under subparagraph (C) of this paragraph | ||||||
20 | (3). The plan shall include the financial data from the | ||||||
21 | past 4 annual financial reports or financial audits that | ||||||
22 | must be presented to the State Board by November 15 of each | ||||||
23 | year and the approved budget financial data for the | ||||||
24 | current year. The plan shall be developed according to the | ||||||
25 | guidelines presented to the Organizational Unit by the | ||||||
26 | State Board. The plan shall further include financial |
| |||||||
| |||||||
1 | projections for the next 3 fiscal years and include a | ||||||
2 | discussion and financial summary of the Organizational | ||||||
3 | Unit's facility needs. If the Organizational Unit does not | ||||||
4 | demonstrate sufficient progress toward its 5-year plan or | ||||||
5 | if it has failed to file an annual financial report, an | ||||||
6 | annual budget, a financial plan, a deficit reduction plan, | ||||||
7 | or other financial information as required by law, the | ||||||
8 | State Board may establish a Financial Oversight Panel | ||||||
9 | under Article 1H of this Code. However, if the | ||||||
10 | Organizational Unit already has a Financial Oversight | ||||||
11 | Panel, the State Board may extend the duration of the | ||||||
12 | Panel. | ||||||
13 | (f) Percent of Adequacy and Final Resources calculation. | ||||||
14 | (1) The Evidence-Based Funding formula establishes a | ||||||
15 | Percent of Adequacy for each Organizational Unit in order | ||||||
16 | to place such units into tiers for the purposes of the | ||||||
17 | funding distribution system described in subsection (g) of | ||||||
18 | this Section. Initially, an Organizational Unit's | ||||||
19 | Preliminary Resources and Preliminary Percent of Adequacy | ||||||
20 | are calculated pursuant to paragraph (2) of this | ||||||
21 | subsection (f). Then, an Organizational Unit's Final | ||||||
22 | Resources and Final Percent of Adequacy are calculated to | ||||||
23 | account for the Organizational Unit's poverty | ||||||
24 | concentration levels pursuant to paragraphs (3) and (4) of | ||||||
25 | this subsection (f). | ||||||
26 | (2) An Organizational Unit's Preliminary Resources are |
| |||||||
| |||||||
1 | equal to the sum of its Local Capacity Target, CPPRT, and | ||||||
2 | Base Funding Minimum. An Organizational Unit's Preliminary | ||||||
3 | Percent of Adequacy is the lesser of (i) its Preliminary | ||||||
4 | Resources divided by its Adequacy Target or (ii) 100%. | ||||||
5 | (3) Except for Specially Funded Units, an | ||||||
6 | Organizational Unit's Final Resources are equal to the sum | ||||||
7 | of its Local Capacity, CPPRT, and Adjusted Base Funding | ||||||
8 | Minimum. The Base Funding Minimum of each Specially Funded | ||||||
9 | Unit shall serve as its Final Resources, except that the | ||||||
10 | Base Funding Minimum for State-approved charter schools | ||||||
11 | shall not include any portion of general State aid | ||||||
12 | allocated in the prior year based on the per capita | ||||||
13 | tuition charge times the charter school enrollment. | ||||||
14 | (4) An Organizational Unit's Final Percent of Adequacy | ||||||
15 | is its Final Resources divided by its Adequacy Target. An | ||||||
16 | Organizational Unit's Adjusted Base Funding Minimum is | ||||||
17 | equal to its Base Funding Minimum less its Supplemental | ||||||
18 | Grant Funding, with the resulting figure added to the | ||||||
19 | product of its Supplemental Grant Funding and Preliminary | ||||||
20 | Percent of Adequacy. | ||||||
21 | (g) Evidence-Based Funding formula distribution system. | ||||||
22 | (1) In each school year under the Evidence-Based | ||||||
23 | Funding formula, each Organizational Unit receives funding | ||||||
24 | equal to the sum of its Base Funding Minimum and the unit's | ||||||
25 | allocation of New State Funds determined pursuant to this | ||||||
26 | subsection (g). To allocate New State Funds, the |
| |||||||
| |||||||
1 | Evidence-Based Funding formula distribution system first | ||||||
2 | places all Organizational Units into one of 4 tiers in | ||||||
3 | accordance with paragraph (3) of this subsection (g), | ||||||
4 | based on the Organizational Unit's Final Percent of | ||||||
5 | Adequacy. New State Funds are allocated to each of the 4 | ||||||
6 | tiers as follows: Tier 1 Aggregate Funding equals 50% of | ||||||
7 | all New State Funds, Tier 2 Aggregate Funding equals 49% | ||||||
8 | of all New State Funds, Tier 3 Aggregate Funding equals | ||||||
9 | 0.9% of all New State Funds, and Tier 4 Aggregate Funding | ||||||
10 | equals 0.1% of all New State Funds. Each Organizational | ||||||
11 | Unit within Tier 1 or Tier 2 receives an allocation of New | ||||||
12 | State Funds equal to its tier Funding Gap, as defined in | ||||||
13 | the following sentence, multiplied by the tier's | ||||||
14 | Allocation Rate determined pursuant to paragraph (4) of | ||||||
15 | this subsection (g). For Tier 1, an Organizational Unit's | ||||||
16 | Funding Gap equals the tier's Target Ratio, as specified | ||||||
17 | in paragraph (5) of this subsection (g), multiplied by the | ||||||
18 | Organizational Unit's Adequacy Target, with the resulting | ||||||
19 | amount reduced by the Organizational Unit's Final | ||||||
20 | Resources. For Tier 2, an Organizational Unit's Funding | ||||||
21 | Gap equals the tier's Target Ratio, as described in | ||||||
22 | paragraph (5) of this subsection (g), multiplied by the | ||||||
23 | Organizational Unit's Adequacy Target, with the resulting | ||||||
24 | amount reduced by the Organizational Unit's Final | ||||||
25 | Resources and its Tier 1 funding allocation. To determine | ||||||
26 | the Organizational Unit's Funding Gap, the resulting |
| |||||||
| |||||||
1 | amount is then multiplied by a factor equal to one minus | ||||||
2 | the Organizational Unit's Local Capacity Target | ||||||
3 | percentage. Each Organizational Unit within Tier 3 or Tier | ||||||
4 | 4 receives an allocation of New State Funds equal to the | ||||||
5 | product of its Adequacy Target and the tier's Allocation | ||||||
6 | Rate, as specified in paragraph (4) of this subsection | ||||||
7 | (g). | ||||||
8 | (2) To ensure equitable distribution of dollars for | ||||||
9 | all Tier 2 Organizational Units, no Tier 2 Organizational | ||||||
10 | Unit shall receive fewer dollars per ASE than any Tier 3 | ||||||
11 | Organizational Unit. Each Tier 2 and Tier 3 Organizational | ||||||
12 | Unit shall have its funding allocation divided by its ASE. | ||||||
13 | Any Tier 2 Organizational Unit with a funding allocation | ||||||
14 | per ASE below the greatest Tier 3 allocation per ASE shall | ||||||
15 | get a funding allocation equal to the greatest Tier 3 | ||||||
16 | funding allocation per ASE multiplied by the | ||||||
17 | Organizational Unit's ASE. Each Tier 2 Organizational | ||||||
18 | Unit's Tier 2 funding allocation shall be multiplied by | ||||||
19 | the percentage calculated by dividing the original Tier 2 | ||||||
20 | Aggregate Funding by the sum of all Tier 2 Organizational | ||||||
21 | Units' Tier 2 funding allocation after adjusting | ||||||
22 | districts' funding below Tier 3 levels. | ||||||
23 | (3) Organizational Units are placed into one of 4 | ||||||
24 | tiers as follows: | ||||||
25 | (A) Tier 1 consists of all Organizational Units, | ||||||
26 | except for Specially Funded Units, with a Percent of |
| |||||||
| |||||||
1 | Adequacy less than the Tier 1 Target Ratio. The Tier 1 | ||||||
2 | Target Ratio is the ratio level that allows for Tier 1 | ||||||
3 | Aggregate Funding to be distributed, with the Tier 1 | ||||||
4 | Allocation Rate determined pursuant to paragraph (4) | ||||||
5 | of this subsection (g). | ||||||
6 | (B) Tier 2 consists of all Tier 1 Units and all | ||||||
7 | other Organizational Units, except for Specially | ||||||
8 | Funded Units, with a Percent of Adequacy of less than | ||||||
9 | 0.90. | ||||||
10 | (C) Tier 3 consists of all Organizational Units, | ||||||
11 | except for Specially Funded Units, with a Percent of | ||||||
12 | Adequacy of at least 0.90 and less than 1.0. | ||||||
13 | (D) Tier 4 consists of all Organizational Units | ||||||
14 | with a Percent of Adequacy of at least 1.0. | ||||||
15 | (4) The Allocation Rates for Tiers 1 through 4 are | ||||||
16 | determined as follows: | ||||||
17 | (A) The Tier 1 Allocation Rate is 30%. | ||||||
18 | (B) The Tier 2 Allocation Rate is the result of the | ||||||
19 | following equation: Tier 2 Aggregate Funding, divided | ||||||
20 | by the sum of the Funding Gaps for all Tier 2 | ||||||
21 | Organizational Units, unless the result of such | ||||||
22 | equation is higher than 1.0. If the result of such | ||||||
23 | equation is higher than 1.0, then the Tier 2 | ||||||
24 | Allocation Rate is 1.0. | ||||||
25 | (C) The Tier 3 Allocation Rate is the result of the | ||||||
26 | following equation: Tier 3 Aggregate Funding, divided |
| |||||||
| |||||||
1 | by the sum of the Adequacy Targets of all Tier 3 | ||||||
2 | Organizational Units. | ||||||
3 | (D) The Tier 4 Allocation Rate is the result of the | ||||||
4 | following equation: Tier 4 Aggregate Funding, divided | ||||||
5 | by the sum of the Adequacy Targets of all Tier 4 | ||||||
6 | Organizational Units. | ||||||
7 | (5) A tier's Target Ratio is determined as follows: | ||||||
8 | (A) The Tier 1 Target Ratio is the ratio level that | ||||||
9 | allows for Tier 1 Aggregate Funding to be distributed | ||||||
10 | with the Tier 1 Allocation Rate. | ||||||
11 | (B) The Tier 2 Target Ratio is 0.90. | ||||||
12 | (C) The Tier 3 Target Ratio is 1.0. | ||||||
13 | (6) If, at any point, the Tier 1 Target Ratio is | ||||||
14 | greater than 90%, then all Tier 1 funding shall be | ||||||
15 | allocated to Tier 2 and no Tier 1 Organizational Unit's | ||||||
16 | funding may be identified. | ||||||
17 | (7) In the event that all Tier 2 Organizational Units | ||||||
18 | receive funding at the Tier 2 Target Ratio level, any | ||||||
19 | remaining New State Funds shall be allocated to Tier 3 and | ||||||
20 | Tier 4 Organizational Units. | ||||||
21 | (8) If any Specially Funded Units, excluding Glenwood | ||||||
22 | Academy, recognized by the State Board do not qualify for | ||||||
23 | direct funding following the implementation of Public Act | ||||||
24 | 100-465 from any of the funding sources included within | ||||||
25 | the definition of Base Funding Minimum, the unqualified | ||||||
26 | portion of the Base Funding Minimum shall be transferred |
| |||||||
| |||||||
1 | to one or more appropriate Organizational Units as | ||||||
2 | determined by the State Superintendent based on the prior | ||||||
3 | year ASE of the Organizational Units. | ||||||
4 | (8.5) If a school district withdraws from a special | ||||||
5 | education cooperative, the portion of the Base Funding | ||||||
6 | Minimum that is attributable to the school district may be | ||||||
7 | redistributed to the school district upon withdrawal. The | ||||||
8 | school district and the cooperative must include the | ||||||
9 | amount of the Base Funding Minimum that is to be | ||||||
10 | reapportioned in their withdrawal agreement and notify the | ||||||
11 | State Board of the change with a copy of the agreement upon | ||||||
12 | withdrawal. | ||||||
13 | (9) The Minimum Funding Level is intended to establish | ||||||
14 | a target for State funding that will keep pace with | ||||||
15 | inflation and continue to advance equity through the | ||||||
16 | Evidence-Based Funding formula. The target for State | ||||||
17 | funding of New Property Tax Relief Pool Funds is | ||||||
18 | $50,000,000 for State fiscal year 2019 and subsequent | ||||||
19 | State fiscal years. The Minimum Funding Level is equal to | ||||||
20 | $350,000,000. In addition to any New State Funds, no more | ||||||
21 | than $50,000,000 New Property Tax Relief Pool Funds may be | ||||||
22 | counted toward the Minimum Funding Level. If the sum of | ||||||
23 | New State Funds and applicable New Property Tax Relief | ||||||
24 | Pool Funds are less than the Minimum Funding Level, than | ||||||
25 | funding for tiers shall be reduced in the following | ||||||
26 | manner: |
| |||||||
| |||||||
1 | (A) First, Tier 4 funding shall be reduced by an | ||||||
2 | amount equal to the difference between the Minimum | ||||||
3 | Funding Level and New State Funds until such time as | ||||||
4 | Tier 4 funding is exhausted. | ||||||
5 | (B) Next, Tier 3 funding shall be reduced by an | ||||||
6 | amount equal to the difference between the Minimum | ||||||
7 | Funding Level and New State Funds and the reduction in | ||||||
8 | Tier 4 funding until such time as Tier 3 funding is | ||||||
9 | exhausted. | ||||||
10 | (C) Next, Tier 2 funding shall be reduced by an | ||||||
11 | amount equal to the difference between the Minimum | ||||||
12 | Funding Level and New State Funds and the reduction in | ||||||
13 | Tier 4 and Tier 3. | ||||||
14 | (D) Finally, Tier 1 funding shall be reduced by an | ||||||
15 | amount equal to the difference between the Minimum | ||||||
16 | Funding level and New State Funds and the reduction in | ||||||
17 | Tier 2, 3, and 4 funding. In addition, the Allocation | ||||||
18 | Rate for Tier 1 shall be reduced to a percentage equal | ||||||
19 | to the Tier 1 Allocation Rate set by paragraph (4) of | ||||||
20 | this subsection (g), multiplied by the result of New | ||||||
21 | State Funds divided by the Minimum Funding Level. | ||||||
22 | (9.5) For State fiscal year 2019 and subsequent State | ||||||
23 | fiscal years, if New State Funds exceed $300,000,000, then | ||||||
24 | any amount in excess of $300,000,000 shall be dedicated | ||||||
25 | for purposes of Section 2-3.170 of this Code up to a | ||||||
26 | maximum of $50,000,000. |
| |||||||
| |||||||
1 | (10) In the event of a decrease in the amount of the | ||||||
2 | appropriation for this Section in any fiscal year after | ||||||
3 | implementation of this Section, the Organizational Units | ||||||
4 | receiving Tier 1 and Tier 2 funding, as determined under | ||||||
5 | paragraph (3) of this subsection (g), shall be held | ||||||
6 | harmless by establishing a Base Funding Guarantee equal to | ||||||
7 | the per pupil kindergarten through grade 12 funding | ||||||
8 | received in accordance with this Section in the prior | ||||||
9 | fiscal year. Reductions shall be made to the Base Funding | ||||||
10 | Minimum of Organizational Units in Tier 3 and Tier 4 on a | ||||||
11 | per pupil basis equivalent to the total number of the ASE | ||||||
12 | in Tier 3-funded and Tier 4-funded Organizational Units | ||||||
13 | divided by the total reduction in State funding. The Base | ||||||
14 | Funding Minimum as reduced shall continue to be applied to | ||||||
15 | Tier 3 and Tier 4 Organizational Units and adjusted by the | ||||||
16 | relative formula when increases in appropriations for this | ||||||
17 | Section resume. In no event may State funding reductions | ||||||
18 | to Organizational Units in Tier 3 or Tier 4 exceed an | ||||||
19 | amount that would be less than the Base Funding Minimum | ||||||
20 | established in the first year of implementation of this | ||||||
21 | Section. If additional reductions are required, all school | ||||||
22 | districts shall receive a reduction by a per pupil amount | ||||||
23 | equal to the aggregate additional appropriation reduction | ||||||
24 | divided by the total ASE of all Organizational Units. | ||||||
25 | (11) The State Superintendent shall make minor | ||||||
26 | adjustments to the distribution formula set forth in this |
| |||||||
| |||||||
1 | subsection (g) to account for the rounding of percentages | ||||||
2 | to the nearest tenth of a percentage and dollar amounts to | ||||||
3 | the nearest whole dollar. | ||||||
4 | (h) State Superintendent administration of funding and | ||||||
5 | district submission requirements. | ||||||
6 | (1) The State Superintendent shall, in accordance with | ||||||
7 | appropriations made by the General Assembly, meet the | ||||||
8 | funding obligations created under this Section. | ||||||
9 | (2) The State Superintendent shall calculate the | ||||||
10 | Adequacy Target for each Organizational Unit under this | ||||||
11 | Section. No Evidence-Based Funding shall be distributed | ||||||
12 | within an Organizational Unit without the approval of the | ||||||
13 | unit's school board. | ||||||
14 | (3) Annually, the State Superintendent shall calculate | ||||||
15 | and report to each Organizational Unit the unit's | ||||||
16 | aggregate financial adequacy amount, which shall be the | ||||||
17 | sum of the Adequacy Target for each Organizational Unit. | ||||||
18 | The State Superintendent shall calculate and report | ||||||
19 | separately for each Organizational Unit the unit's total | ||||||
20 | State funds allocated for its students with disabilities. | ||||||
21 | The State Superintendent shall calculate and report | ||||||
22 | separately for each Organizational Unit the amount of | ||||||
23 | funding and applicable FTE calculated for each Essential | ||||||
24 | Element of the unit's Adequacy Target. | ||||||
25 | (4) Annually, the State Superintendent shall calculate | ||||||
26 | and report to each Organizational Unit the amount the unit |
| |||||||
| |||||||
1 | must expend on special education and bilingual education | ||||||
2 | and computer technology and equipment for Organizational | ||||||
3 | Units assigned to Tier 1 or Tier 2 that received an | ||||||
4 | additional $285.50 per student computer technology and | ||||||
5 | equipment investment grant to their Adequacy Target | ||||||
6 | pursuant to the unit's Base Funding Minimum, Special | ||||||
7 | Education Allocation, Bilingual Education Allocation, and | ||||||
8 | computer technology and equipment investment allocation. | ||||||
9 | (5) Moneys distributed under this Section shall be | ||||||
10 | calculated on a school year basis, but paid on a fiscal | ||||||
11 | year basis, with payments beginning in August and | ||||||
12 | extending through June. Unless otherwise provided, the | ||||||
13 | moneys appropriated for each fiscal year shall be | ||||||
14 | distributed in 22 equal payments at least 2 times monthly | ||||||
15 | to each Organizational Unit. If moneys appropriated for | ||||||
16 | any fiscal year are distributed other than monthly, the | ||||||
17 | distribution shall be on the same basis for each | ||||||
18 | Organizational Unit. | ||||||
19 | (6) Any school district that fails, for any given | ||||||
20 | school year, to maintain school as required by law or to | ||||||
21 | maintain a recognized school is not eligible to receive | ||||||
22 | Evidence-Based Funding. In case of non-recognition of one | ||||||
23 | or more attendance centers in a school district otherwise | ||||||
24 | operating recognized schools, the claim of the district | ||||||
25 | shall be reduced in the proportion that the enrollment in | ||||||
26 | the attendance center or centers bears to the enrollment |
| |||||||
| |||||||
1 | of the school district. "Recognized school" means any | ||||||
2 | public school that meets the standards for recognition by | ||||||
3 | the State Board. A school district or attendance center | ||||||
4 | not having recognition status at the end of a school term | ||||||
5 | is entitled to receive State aid payments due upon a legal | ||||||
6 | claim that was filed while it was recognized. | ||||||
7 | (7) School district claims filed under this Section | ||||||
8 | are subject to Sections 18-9 and 18-12 of this Code, | ||||||
9 | except as otherwise provided in this Section. | ||||||
10 | (8) Each fiscal year, the State Superintendent shall | ||||||
11 | calculate for each Organizational Unit an amount of its | ||||||
12 | Base Funding Minimum and Evidence-Based Funding that shall | ||||||
13 | be deemed attributable to the provision of special | ||||||
14 | educational facilities and services, as defined in Section | ||||||
15 | 14-1.08 of this Code, in a manner that ensures compliance | ||||||
16 | with maintenance of State financial support requirements | ||||||
17 | under the federal Individuals with Disabilities Education | ||||||
18 | Act. An Organizational Unit must use such funds only for | ||||||
19 | the provision of special educational facilities and | ||||||
20 | services, as defined in Section 14-1.08 of this Code, and | ||||||
21 | must comply with any expenditure verification procedures | ||||||
22 | adopted by the State Board. | ||||||
23 | (9) All Organizational Units in this State must submit | ||||||
24 | annual spending plans, as part of the budget submission | ||||||
25 | process, no later than October 31 of each year to the State | ||||||
26 | Board. The spending plan shall describe how each |
| |||||||
| |||||||
1 | Organizational Unit will utilize the Base Funding Minimum | ||||||
2 | and Evidence-Based Funding it receives from this State | ||||||
3 | under this Section with specific identification of the | ||||||
4 | intended utilization of Low-Income, English learner, and | ||||||
5 | special education resources. Additionally, the annual | ||||||
6 | spending plans of each Organizational Unit shall describe | ||||||
7 | how the Organizational Unit expects to achieve student | ||||||
8 | growth and how the Organizational Unit will achieve State | ||||||
9 | education goals, as defined by the State Board. The State | ||||||
10 | Superintendent may, from time to time, identify additional | ||||||
11 | requisites for Organizational Units to satisfy when | ||||||
12 | compiling the annual spending plans required under this | ||||||
13 | subsection (h). The format and scope of annual spending | ||||||
14 | plans shall be developed by the State Superintendent and | ||||||
15 | the State Board of Education. School districts that serve | ||||||
16 | students under Article 14C of this Code shall continue to | ||||||
17 | submit information as required under Section 14C-12 of | ||||||
18 | this Code. | ||||||
19 | (10) No later than January 1, 2018, the State | ||||||
20 | Superintendent shall develop a 5-year strategic plan for | ||||||
21 | all Organizational Units to help in planning for adequacy | ||||||
22 | funding under this Section. The State Superintendent shall | ||||||
23 | submit the plan to the Governor and the General Assembly, | ||||||
24 | as provided in Section 3.1 of the General Assembly | ||||||
25 | Organization Act. The plan shall include recommendations | ||||||
26 | for: |
| |||||||
| |||||||
1 | (A) a framework for collaborative, professional, | ||||||
2 | innovative, and 21st century learning environments | ||||||
3 | using the Evidence-Based Funding model; | ||||||
4 | (B) ways to prepare and support this State's | ||||||
5 | educators for successful instructional careers; | ||||||
6 | (C) application and enhancement of the current | ||||||
7 | financial accountability measures, the approved State | ||||||
8 | plan to comply with the federal Every Student Succeeds | ||||||
9 | Act, and the Illinois Balanced Accountability Measures | ||||||
10 | in relation to student growth and elements of the | ||||||
11 | Evidence-Based Funding model; and | ||||||
12 | (D) implementation of an effective school adequacy | ||||||
13 | funding system based on projected and recommended | ||||||
14 | funding levels from the General Assembly. | ||||||
15 | (11) On an annual basis, the State Superintendent must | ||||||
16 | recalibrate all of the following per pupil elements of the | ||||||
17 | Adequacy Target and applied to the formulas, based on the | ||||||
18 | study of average expenses and as reported in the most | ||||||
19 | recent annual financial report: | ||||||
20 | (A) Gifted under subparagraph (M) of paragraph (2) | ||||||
21 | of subsection (b). | ||||||
22 | (B) Instructional materials under subparagraph (O) | ||||||
23 | of paragraph (2) of subsection (b). | ||||||
24 | (C) Assessment under subparagraph (P) of paragraph | ||||||
25 | (2) of subsection (b). | ||||||
26 | (D) Student activities under subparagraph (R) of |
| |||||||
| |||||||
1 | paragraph (2) of subsection (b). | ||||||
2 | (E) Maintenance and operations under subparagraph | ||||||
3 | (S) of paragraph (2) of subsection (b). | ||||||
4 | (F) Central office under subparagraph (T) of | ||||||
5 | paragraph (2) of subsection (b). | ||||||
6 | (i) Professional Review Panel. | ||||||
7 | (1) A Professional Review Panel is created to study | ||||||
8 | and review topics related to the implementation and effect | ||||||
9 | of Evidence-Based Funding, as assigned by a joint | ||||||
10 | resolution or Public Act of the General Assembly or a | ||||||
11 | motion passed by the State Board of Education. The Panel | ||||||
12 | must provide recommendations to and serve the Governor, | ||||||
13 | the General Assembly, and the State Board. The State | ||||||
14 | Superintendent or his or her designee must serve as a | ||||||
15 | voting member and chairperson of the Panel. The State | ||||||
16 | Superintendent must appoint a vice chairperson from the | ||||||
17 | membership of the Panel. The Panel must advance | ||||||
18 | recommendations based on a three-fifths majority vote of | ||||||
19 | Panel members present and voting. A minority opinion may | ||||||
20 | also accompany any recommendation of the Panel. The Panel | ||||||
21 | shall be appointed by the State Superintendent, except as | ||||||
22 | otherwise provided in paragraph (2) of this subsection (i) | ||||||
23 | and include the following members: | ||||||
24 | (A) Two appointees that represent district | ||||||
25 | superintendents, recommended by a statewide | ||||||
26 | organization that represents district superintendents. |
| |||||||
| |||||||
1 | (B) Two appointees that represent school boards, | ||||||
2 | recommended by a statewide organization that | ||||||
3 | represents school boards. | ||||||
4 | (C) Two appointees from districts that represent | ||||||
5 | school business officials, recommended by a statewide | ||||||
6 | organization that represents school business | ||||||
7 | officials. | ||||||
8 | (D) Two appointees that represent school | ||||||
9 | principals, recommended by a statewide organization | ||||||
10 | that represents school principals. | ||||||
11 | (E) Two appointees that represent teachers, | ||||||
12 | recommended by a statewide organization that | ||||||
13 | represents teachers. | ||||||
14 | (F) Two appointees that represent teachers, | ||||||
15 | recommended by another statewide organization that | ||||||
16 | represents teachers. | ||||||
17 | (G) Two appointees that represent regional | ||||||
18 | superintendents of schools, recommended by | ||||||
19 | organizations that represent regional superintendents. | ||||||
20 | (H) Two independent experts selected solely by the | ||||||
21 | State Superintendent. | ||||||
22 | (I) Two independent experts recommended by public | ||||||
23 | universities in this State. | ||||||
24 | (J) One member recommended by a statewide | ||||||
25 | organization that represents parents. | ||||||
26 | (K) Two representatives recommended by collective |
| |||||||
| |||||||
1 | impact organizations that represent major metropolitan | ||||||
2 | areas or geographic areas in Illinois. | ||||||
3 | (L) One member from a statewide organization | ||||||
4 | focused on research-based education policy to support | ||||||
5 | a school system that prepares all students for | ||||||
6 | college, a career, and democratic citizenship. | ||||||
7 | (M) One representative from a school district | ||||||
8 | organized under Article 34 of this Code. | ||||||
9 | The State Superintendent shall ensure that the | ||||||
10 | membership of the Panel includes representatives from | ||||||
11 | school districts and communities reflecting the | ||||||
12 | geographic, socio-economic, racial, and ethnic diversity | ||||||
13 | of this State. The State Superintendent shall additionally | ||||||
14 | ensure that the membership of the Panel includes | ||||||
15 | representatives with expertise in bilingual education and | ||||||
16 | special education. Staff from the State Board shall staff | ||||||
17 | the Panel. | ||||||
18 | (2) In addition to those Panel members appointed by | ||||||
19 | the State Superintendent, 4 members of the General | ||||||
20 | Assembly shall be appointed as follows: one member of the | ||||||
21 | House of Representatives appointed by the Speaker of the | ||||||
22 | House of Representatives, one member of the Senate | ||||||
23 | appointed by the President of the Senate, one member of | ||||||
24 | the House of Representatives appointed by the Minority | ||||||
25 | Leader of the House of Representatives, and one member of | ||||||
26 | the Senate appointed by the Minority Leader of the Senate. |
| |||||||
| |||||||
1 | There shall be one additional member appointed by the | ||||||
2 | Governor. All members appointed by legislative leaders or | ||||||
3 | the Governor shall be non-voting, ex officio members. | ||||||
4 | (3) The Panel must study topics at the direction of | ||||||
5 | the General Assembly or State Board of Education, as | ||||||
6 | provided under paragraph (1). The Panel may also study the | ||||||
7 | following topics at the direction of the chairperson: | ||||||
8 | (A) The format and scope of annual spending plans | ||||||
9 | referenced in paragraph (9) of subsection (h) of this | ||||||
10 | Section. | ||||||
11 | (B) The Comparable Wage Index under this Section. | ||||||
12 | (C) Maintenance and operations, including capital | ||||||
13 | maintenance and construction costs. | ||||||
14 | (D) "At-risk student" definition. | ||||||
15 | (E) Benefits. | ||||||
16 | (F) Technology. | ||||||
17 | (G) Local Capacity Target. | ||||||
18 | (H) Funding for Alternative Schools, Laboratory | ||||||
19 | Schools, safe schools, and alternative learning | ||||||
20 | opportunities programs. | ||||||
21 | (I) Funding for college and career acceleration | ||||||
22 | strategies. | ||||||
23 | (J) Special education investments. | ||||||
24 | (K) Early childhood investments, in collaboration | ||||||
25 | with the Illinois Early Learning Council. | ||||||
26 | (4) (Blank). |
| |||||||
| |||||||
1 | (5) Within 5 years after the implementation of this | ||||||
2 | Section, and every 5 years thereafter, the Panel shall | ||||||
3 | complete an evaluative study of the entire Evidence-Based | ||||||
4 | Funding model, including an assessment of whether or not | ||||||
5 | the formula is achieving State goals. The Panel shall | ||||||
6 | report to the State Board, the General Assembly, and the | ||||||
7 | Governor on the findings of the study. | ||||||
8 | (6) (Blank). | ||||||
9 | (7) To ensure that (i) the Adequacy Target calculation | ||||||
10 | under subsection (b) accurately reflects the needs of | ||||||
11 | students living in poverty or attending schools located in | ||||||
12 | areas of high poverty, (ii) racial equity within the | ||||||
13 | Evidence-Based Funding formula is explicitly explored and | ||||||
14 | advanced, and (iii) the funding goals of the formula | ||||||
15 | distribution system established under this Section are | ||||||
16 | sufficient to provide adequate funding for every student | ||||||
17 | and to fully fund every school in this State, the Panel | ||||||
18 | shall review the Essential Elements under paragraph (2) of | ||||||
19 | subsection (b). The Panel shall consider all of the | ||||||
20 | following in its review: | ||||||
21 | (A) The financial ability of school districts to | ||||||
22 | provide instruction in a foreign language to every | ||||||
23 | student and whether an additional Essential Element | ||||||
24 | should be added to the formula to ensure that every | ||||||
25 | student has access to instruction in a foreign | ||||||
26 | language. |
| |||||||
| |||||||
1 | (B) The adult-to-student ratio for each Essential | ||||||
2 | Element in which a ratio is identified. The Panel | ||||||
3 | shall consider whether the ratio accurately reflects | ||||||
4 | the staffing needed to support students living in | ||||||
5 | poverty or who have traumatic backgrounds. | ||||||
6 | (C) Changes to the Essential Elements that may be | ||||||
7 | required to better promote racial equity and eliminate | ||||||
8 | structural racism within schools. | ||||||
9 | (D) The impact of investing $350,000,000 in | ||||||
10 | additional funds each year under this Section and an | ||||||
11 | estimate of when the school system will become fully | ||||||
12 | funded under this level of appropriation. | ||||||
13 | (E) Provide an overview of alternative funding | ||||||
14 | structures that would enable the State to become fully | ||||||
15 | funded at an earlier date. | ||||||
16 | (F) The potential to increase efficiency and to | ||||||
17 | find cost savings within the school system to expedite | ||||||
18 | the journey to a fully funded system. | ||||||
19 | (G) The appropriate levels for reenrolling and | ||||||
20 | graduating high-risk high school students who have | ||||||
21 | been previously out of school. These outcomes shall | ||||||
22 | include enrollment, attendance, skill gains, credit | ||||||
23 | gains, graduation or promotion to the next grade | ||||||
24 | level, and the transition to college, training, or | ||||||
25 | employment, with an emphasis on progressively | ||||||
26 | increasing the overall attendance. |
| |||||||
| |||||||
1 | (H) The evidence-based or research-based practices | ||||||
2 | that are shown to reduce the gaps and disparities | ||||||
3 | experienced by African American students in academic | ||||||
4 | achievement and educational performance, including | ||||||
5 | practices that have been shown to reduce disparities | ||||||
6 | in disciplinary rates, drop-out rates, graduation | ||||||
7 | rates, college matriculation rates, and college | ||||||
8 | completion rates. | ||||||
9 | On or before December 31, 2021, the Panel shall report | ||||||
10 | to the State Board, the General Assembly, and the Governor | ||||||
11 | on the findings of its review. This paragraph (7) is | ||||||
12 | inoperative on and after July 1, 2022. | ||||||
13 | (8) On or before April 1, 2024, the Panel must submit a | ||||||
14 | report to the General Assembly on annual adjustments to | ||||||
15 | Glenwood Academy's base-funding minimum in a similar | ||||||
16 | fashion to school districts under this Section. | ||||||
17 | (j) References. Beginning July 1, 2017, references in | ||||||
18 | other laws to general State aid funds or calculations under | ||||||
19 | Section 18-8.05 of this Code (now repealed) shall be deemed to | ||||||
20 | be references to evidence-based model formula funds or | ||||||
21 | calculations under this Section. | ||||||
22 | (Source: P.A. 102-33, eff. 6-25-21; 102-197, eff. 7-30-21; | ||||||
23 | 102-558, eff. 8-20-21; 102-699, eff. 4-19-22; 102-782, eff. | ||||||
24 | 1-1-23; 102-813, eff. 5-13-22; 102-894, eff. 5-20-22; 103-8, | ||||||
25 | eff. 6-7-23; 103-154, eff. 6-30-23; 103-175, eff. 6-30-23; | ||||||
26 | revised 8-30-23.)
|
| |||||||
| |||||||
1 | (105 ILCS 5/19-6) (from Ch. 122, par. 19-6) | ||||||
2 | Sec. 19-6. Bond money to school treasurer; delivery | ||||||
3 | treasurer - Delivery of bonds; record; payment bonds - Record - | ||||||
4 | Payment . All moneys borrowed under the authority of this | ||||||
5 | Act, except money borrowed by school districts having a | ||||||
6 | population of more than 500,000 inhabitants, shall be paid to | ||||||
7 | the school treasurer of the district. The treasurer shall, | ||||||
8 | before receiving any of the money, execute a bond with a surety | ||||||
9 | company authorized to do business in this State, as surety, | ||||||
10 | payable to the school board of the district in Class I county | ||||||
11 | school units or township trustees in Class II county school | ||||||
12 | units and conditioned upon the faithful discharge of his | ||||||
13 | duties, except that the bond required of the school treasurer | ||||||
14 | of a school district which is located in a Class II county | ||||||
15 | school unit but which no longer is subject to the jurisdiction | ||||||
16 | and authority of a township treasurer or trustees of schools | ||||||
17 | of a township because the district has withdrawn from the | ||||||
18 | jurisdiction and authority of the township treasurer and | ||||||
19 | trustees of schools of the township or because those offices | ||||||
20 | have been abolished as provided in subsection (b) or (c) of | ||||||
21 | Section 5-1 shall be payable to the school board of such | ||||||
22 | district and conditioned upon the faithful discharge of his | ||||||
23 | duties. The bond shall be submitted for approval or rejection | ||||||
24 | to the school board of the district or to the township trustees | ||||||
25 | to which such bond is payable. The penalty of the bond or bonds |
| |||||||
| |||||||
1 | shall be an amount no less than 10% of the amount of such bond | ||||||
2 | issue, whether individuals act as surety or whether the surety | ||||||
3 | is given by a surety company authorized to transact business | ||||||
4 | in this State. The bond shall be in substantially the same form | ||||||
5 | as that required by Section 8-2 of this Act and when so given | ||||||
6 | shall fully describe the bond issue which it specifically | ||||||
7 | covers and shall remain in force until the funds of the bond | ||||||
8 | issue are taken into account in determining the penalty amount | ||||||
9 | for the surety bond required by Section 8-2 of this Code. Upon | ||||||
10 | receiving such moneys the treasurer shall deliver the bonds | ||||||
11 | issued therefor to the persons entitled to receive them, and | ||||||
12 | shall credit the funds received to the district issuing the | ||||||
13 | bonds. The treasurer shall record the amount received for each | ||||||
14 | bond issued. When any bonds are paid the treasurer shall | ||||||
15 | cancel them and shall enter, against the record of the bonds, | ||||||
16 | the words, "paid and cancelled the .... day of ...., 1 ....," | ||||||
17 | filling the blanks with the day, month, and year corresponding | ||||||
18 | to the date of payment. | ||||||
19 | (Source: P.A. 103-49, eff. 6-9-23; revised 9-20-23.)
| ||||||
20 | (105 ILCS 5/21B-30) | ||||||
21 | Sec. 21B-30. Educator testing. | ||||||
22 | (a) (Blank). | ||||||
23 | (b) The State Board of Education, in consultation with the | ||||||
24 | State Educator Preparation and Licensure Board, shall design | ||||||
25 | and implement a system of examinations, which shall be |
| |||||||
| |||||||
1 | required prior to the issuance of educator licenses. These | ||||||
2 | examinations and indicators must be based on national and | ||||||
3 | State professional teaching standards, as determined by the | ||||||
4 | State Board of Education, in consultation with the State | ||||||
5 | Educator Preparation and Licensure Board. The State Board of | ||||||
6 | Education may adopt such rules as may be necessary to | ||||||
7 | implement and administer this Section. | ||||||
8 | (c) (Blank). | ||||||
9 | (c-5) The State Board must adopt rules to implement a | ||||||
10 | paraprofessional competency test. This test would allow an | ||||||
11 | applicant seeking an Educator License with Stipulations with a | ||||||
12 | paraprofessional educator endorsement to obtain the | ||||||
13 | endorsement if he or she passes the test and meets the other | ||||||
14 | requirements of subparagraph (J) of paragraph (2) of Section | ||||||
15 | 21B-20 other than the higher education requirements. | ||||||
16 | (d) All applicants seeking a State license shall be | ||||||
17 | required to pass a test of content area knowledge for each area | ||||||
18 | of endorsement for which there is an applicable test. There | ||||||
19 | shall be no exception to this requirement. No candidate shall | ||||||
20 | be allowed to student teach or serve as the teacher of record | ||||||
21 | until he or she has passed the applicable content area test. | ||||||
22 | (d-5) The State Board shall consult with any applicable | ||||||
23 | vendors within 90 days after July 28, 2023 ( the effective date | ||||||
24 | of Public Act 103-402) this amendatory Act of the 103rd | ||||||
25 | General Assembly to develop a plan to transition the test of | ||||||
26 | content area knowledge in the endorsement area of elementary |
| |||||||
| |||||||
1 | education, grades one through 6, by July 1, 2026 to a content | ||||||
2 | area test that contains testing elements that cover | ||||||
3 | bilingualism, biliteracy, oral language development, | ||||||
4 | foundational literacy skills, and developmentally appropriate | ||||||
5 | higher-order comprehension and on which a valid and reliable | ||||||
6 | language and literacy subscore can be determined. The State | ||||||
7 | Board shall base its rules concerning the passing subscore on | ||||||
8 | the language and literacy portion of the test on the | ||||||
9 | recommended cut-score determined in the formal | ||||||
10 | standard-setting process. Candidates need not achieve a | ||||||
11 | particular subscore in the area of language and literacy. The | ||||||
12 | State Board shall aggregate and publish the number of | ||||||
13 | candidates in each preparation program who take the test and | ||||||
14 | the number who pass the language and literacy portion. | ||||||
15 | (e) (Blank). | ||||||
16 | (f) Beginning on August 4, 2023 ( the effective date of | ||||||
17 | Public Act 103-488) this amendatory Act of the 103rd General | ||||||
18 | Assembly through August 31, 2025, no candidate completing a | ||||||
19 | teacher preparation program in this State or candidate subject | ||||||
20 | to Section 21B-35 of this Code is required to pass a teacher | ||||||
21 | performance assessment. Except as otherwise provided in this | ||||||
22 | Article, beginning on September 1, 2015 until August 4, 2023 | ||||||
23 | ( the effective date of Public Act 103-488) this amendatory Act | ||||||
24 | of the 103rd General Assembly and beginning again on September | ||||||
25 | 1, 2025, all candidates completing teacher preparation | ||||||
26 | programs in this State and all candidates subject to Section |
| |||||||
| |||||||
1 | 21B-35 of this Code are required to pass a teacher performance | ||||||
2 | assessment approved by the State Board of Education, in | ||||||
3 | consultation with the State Educator Preparation and Licensure | ||||||
4 | Board. A candidate may not be required to submit test | ||||||
5 | materials by video submission. Subject to appropriation, an | ||||||
6 | individual who holds a Professional Educator License and is | ||||||
7 | employed for a minimum of one school year by a school district | ||||||
8 | designated as Tier 1 under Section 18-8.15 may, after | ||||||
9 | application to the State Board, receive from the State Board a | ||||||
10 | refund for any costs associated with completing the teacher | ||||||
11 | performance assessment under this subsection. | ||||||
12 | (f-5) The Teacher Performance Assessment Task Force is | ||||||
13 | created to evaluate potential performance-based and objective | ||||||
14 | teacher performance assessment systems for implementation | ||||||
15 | across all educator preparation programs in this State, with | ||||||
16 | the intention of ensuring consistency across programs and | ||||||
17 | supporting a thoughtful and well-rounded licensure system. | ||||||
18 | Members appointed to the Task Force must reflect the racial, | ||||||
19 | ethnic, and geographic diversity of this State. The Task Force | ||||||
20 | shall consist of all of the following members: | ||||||
21 | (1) One member of the Senate, appointed by the | ||||||
22 | President of the Senate. | ||||||
23 | (2) One member of the Senate, appointed by the | ||||||
24 | Minority Leader of the Senate. | ||||||
25 | (3) One member of the House of Representatives, | ||||||
26 | appointed by the Speaker of the House of Representatives. |
| |||||||
| |||||||
1 | (4) One member of the House of Representatives, | ||||||
2 | appointed by the Minority Leader of the House of | ||||||
3 | Representatives. | ||||||
4 | (5) One member who represents a statewide professional | ||||||
5 | teachers' organization, appointed by the State | ||||||
6 | Superintendent of Education. | ||||||
7 | (6) One member who represents a different statewide | ||||||
8 | professional teachers' organization, appointed by the | ||||||
9 | State Superintendent of Education. | ||||||
10 | (7) One member from a statewide organization | ||||||
11 | representing school principals, appointed by the State | ||||||
12 | Superintendent of Education. | ||||||
13 | (8) One member from a statewide organization | ||||||
14 | representing regional superintendents of schools, | ||||||
15 | appointed by the State Superintendent of Education. | ||||||
16 | (9) One member from a statewide organization | ||||||
17 | representing school administrators, appointed by the State | ||||||
18 | Superintendent of Education. | ||||||
19 | (10) One member representing a school district | ||||||
20 | organized under Article 34 of this Code, appointed by the | ||||||
21 | State Superintendent of Education. | ||||||
22 | (11) One member of an association representing rural | ||||||
23 | and small schools, appointed by the State Superintendent | ||||||
24 | of Education. | ||||||
25 | (12) One member representing a suburban school | ||||||
26 | district, appointed by the State Superintendent of |
| |||||||
| |||||||
1 | Education. | ||||||
2 | (13) One member from a statewide organization | ||||||
3 | representing school districts in the southern suburbs of | ||||||
4 | the City of Chicago, appointed by the State Superintendent | ||||||
5 | of Education. | ||||||
6 | (14) One member from a statewide organization | ||||||
7 | representing large unit school districts, appointed by the | ||||||
8 | State Superintendent of Education. | ||||||
9 | (15) One member from a statewide organization | ||||||
10 | representing school districts in the collar counties of | ||||||
11 | the City of Chicago, appointed by the State Superintendent | ||||||
12 | of Education. | ||||||
13 | (16) Three members, each representing a different | ||||||
14 | public university in this State and each a current member | ||||||
15 | of the faculty of an approved educator preparation | ||||||
16 | program, appointed by the State Superintendent of | ||||||
17 | Education. | ||||||
18 | (17) Three members, each representing a different | ||||||
19 | 4-year nonpublic university or college in this State and | ||||||
20 | each a current member of the faculty of an approved | ||||||
21 | educator preparation program, appointed by the State | ||||||
22 | Superintendent of Education. | ||||||
23 | (18) One member of the Board of Higher Education, | ||||||
24 | appointed by the State Superintendent of Education. | ||||||
25 | (19) One member representing a statewide policy | ||||||
26 | organization advocating on behalf of multilingual students |
| |||||||
| |||||||
1 | and families, appointed by the State Superintendent of | ||||||
2 | Education. | ||||||
3 | (20) One member representing a statewide organization | ||||||
4 | focused on research-based education policy to support a | ||||||
5 | school system that prepares all students for college, a | ||||||
6 | career, and democratic citizenship, appointed by the State | ||||||
7 | Superintendent of Education. | ||||||
8 | (21) Two members representing an early childhood | ||||||
9 | advocacy organization, appointed by the State | ||||||
10 | Superintendent of Education. | ||||||
11 | (22) One member representing a statewide organization | ||||||
12 | that partners with educator preparation programs and | ||||||
13 | school districts to support the growth and development of | ||||||
14 | preservice teachers, appointed by the State Superintendent | ||||||
15 | of Education. | ||||||
16 | (23) One member representing a statewide organization | ||||||
17 | that advocates for educational equity and racial justice | ||||||
18 | in schools, appointed by the State Superintendent of | ||||||
19 | Education. | ||||||
20 | (24) One member representing a statewide organization | ||||||
21 | that represents school boards, appointed by the State | ||||||
22 | Superintendent of Education. | ||||||
23 | (25) One member who has, within the last 5 years, | ||||||
24 | served as a cooperating teacher, appointed by the State | ||||||
25 | Superintendent of Education. | ||||||
26 | Members of the Task Force shall serve without |
| |||||||
| |||||||
1 | compensation. The Task Force shall first meet at the call of | ||||||
2 | the State Superintendent of Education, and each subsequent | ||||||
3 | meeting shall be called by the chairperson of the Task Force, | ||||||
4 | who shall be designated by the State Superintendent of | ||||||
5 | Education. The State Board of Education shall provide | ||||||
6 | administrative and other support to the Task Force. | ||||||
7 | On or before August 1, 2024, the Task Force shall report on | ||||||
8 | its work, including recommendations on a teacher performance | ||||||
9 | assessment system in this State, to the State Board of | ||||||
10 | Education and the General Assembly. The Task Force is | ||||||
11 | dissolved upon submission of this report. | ||||||
12 | (g) The content area knowledge test and the teacher | ||||||
13 | performance assessment shall be the tests that from time to | ||||||
14 | time are designated by the State Board of Education, in | ||||||
15 | consultation with the State Educator Preparation and Licensure | ||||||
16 | Board, and may be tests prepared by an educational testing | ||||||
17 | organization or tests designed by the State Board of | ||||||
18 | Education, in consultation with the State Educator Preparation | ||||||
19 | and Licensure Board. The test of content area knowledge shall | ||||||
20 | assess content knowledge in a specific subject field. The | ||||||
21 | tests must be designed to be racially neutral to ensure that no | ||||||
22 | person taking the tests is discriminated against on the basis | ||||||
23 | of race, color, national origin, or other factors unrelated to | ||||||
24 | the person's ability to perform as a licensed employee. The | ||||||
25 | score required to pass the tests shall be fixed by the State | ||||||
26 | Board of Education, in consultation with the State Educator |
| |||||||
| |||||||
1 | Preparation and Licensure Board. The tests shall be | ||||||
2 | administered not fewer than 3 times a year at such time and | ||||||
3 | place as may be designated by the State Board of Education, in | ||||||
4 | consultation with the State Educator Preparation and Licensure | ||||||
5 | Board. | ||||||
6 | The State Board shall implement a test or tests to assess | ||||||
7 | the speaking, reading, writing, and grammar skills of | ||||||
8 | applicants for an endorsement or a license issued under | ||||||
9 | subdivision (G) of paragraph (2) of Section 21B-20 of this | ||||||
10 | Code in the English language and in the language of the | ||||||
11 | transitional bilingual education program requested by the | ||||||
12 | applicant. | ||||||
13 | (h) Except as provided in Section 34-6 of this Code, the | ||||||
14 | provisions of this Section shall apply equally in any school | ||||||
15 | district subject to Article 34 of this Code. | ||||||
16 | (i) The rules developed to implement and enforce the | ||||||
17 | testing requirements under this Section shall include, without | ||||||
18 | limitation, provisions governing test selection, test | ||||||
19 | validation, and determination of a passing score, | ||||||
20 | administration of the tests, frequency of administration, | ||||||
21 | applicant fees, frequency of applicants taking the tests, the | ||||||
22 | years for which a score is valid, and appropriate special | ||||||
23 | accommodations. The State Board of Education shall develop | ||||||
24 | such rules as may be needed to ensure uniformity from year to | ||||||
25 | year in the level of difficulty for each form of an assessment. | ||||||
26 | (Source: P.A. 102-301, eff. 8-26-21; 103-402, eff. 7-28-23; |
| |||||||
| |||||||
1 | 103-488, eff. 8-4-23; revised 9-1-23.)
| ||||||
2 | (105 ILCS 5/21B-50) | ||||||
3 | Sec. 21B-50. Alternative Educator Licensure Program for | ||||||
4 | Teachers . | ||||||
5 | (a) There is established an alternative educator licensure | ||||||
6 | program, to be known as the Alternative Educator Licensure | ||||||
7 | Program for Teachers. | ||||||
8 | (b) The Alternative Educator Licensure Program for | ||||||
9 | Teachers may be offered by a recognized institution approved | ||||||
10 | to offer educator preparation programs by the State Board of | ||||||
11 | Education, in consultation with the State Educator Preparation | ||||||
12 | and Licensure Board. | ||||||
13 | The program shall be comprised of up to 3 phases: | ||||||
14 | (1) A course of study that at a minimum includes | ||||||
15 | instructional planning; instructional strategies, | ||||||
16 | including special education, reading, and English language | ||||||
17 | learning; classroom management; and the assessment of | ||||||
18 | students and use of data to drive instruction. | ||||||
19 | (2) A year of residency, which is a candidate's | ||||||
20 | assignment to a full-time teaching position or as a | ||||||
21 | co-teacher for one full school year. An individual must | ||||||
22 | hold an Educator License with Stipulations with an | ||||||
23 | alternative provisional educator endorsement in order to | ||||||
24 | enter the residency. In residency, the candidate must : be | ||||||
25 | assigned an effective, fully licensed teacher by the |
| |||||||
| |||||||
1 | principal or principal equivalent to act as a mentor and | ||||||
2 | coach the candidate through residency, complete additional | ||||||
3 | program requirements that address required State and | ||||||
4 | national standards, pass the State Board's teacher | ||||||
5 | performance assessment, if required under Section 21B-30, | ||||||
6 | and be recommended by the principal or qualified | ||||||
7 | equivalent of a principal, as required under subsection | ||||||
8 | (d) of this Section, and the program coordinator to be | ||||||
9 | recommended for full licensure or to continue with a | ||||||
10 | second year of the residency. | ||||||
11 | (3) (Blank). | ||||||
12 | (4) A comprehensive assessment of the candidate's | ||||||
13 | teaching effectiveness, as evaluated by the principal or | ||||||
14 | qualified equivalent of a principal, as required under | ||||||
15 | subsection (d) of this Section, and the program | ||||||
16 | coordinator, at the end of either the first or the second | ||||||
17 | year of residency. If there is disagreement between the 2 | ||||||
18 | evaluators about the candidate's teaching effectiveness at | ||||||
19 | the end of the first year of residency, a second year of | ||||||
20 | residency shall be required. If there is disagreement | ||||||
21 | between the 2 evaluators at the end of the second year of | ||||||
22 | residency, the candidate may complete one additional year | ||||||
23 | of residency teaching under a professional development | ||||||
24 | plan developed by the principal or qualified equivalent | ||||||
25 | and the preparation program. At the completion of the | ||||||
26 | third year, a candidate must have positive evaluations and |
| |||||||
| |||||||
1 | a recommendation for full licensure from both the | ||||||
2 | principal or qualified equivalent and the program | ||||||
3 | coordinator or no Professional Educator License shall be | ||||||
4 | issued. | ||||||
5 | Successful completion of the program shall be deemed to | ||||||
6 | satisfy any other practice or student teaching and content | ||||||
7 | matter requirements established by law. | ||||||
8 | (c) An alternative provisional educator endorsement on an | ||||||
9 | Educator License with Stipulations is valid for up to 2 years | ||||||
10 | of teaching in the public schools, including without | ||||||
11 | limitation a preschool educational program under Section | ||||||
12 | 2-3.71 of this Code or charter school, or in a | ||||||
13 | State-recognized nonpublic school in which the chief | ||||||
14 | administrator is required to have the licensure necessary to | ||||||
15 | be a principal in a public school in this State and in which a | ||||||
16 | majority of the teachers are required to have the licensure | ||||||
17 | necessary to be instructors in a public school in this State, | ||||||
18 | but may be renewed for a third year if needed to complete the | ||||||
19 | Alternative Educator Licensure Program for Teachers. The | ||||||
20 | endorsement shall be issued only once to an individual who | ||||||
21 | meets all of the following requirements: | ||||||
22 | (1) Has graduated from a regionally accredited college | ||||||
23 | or university with a bachelor's degree or higher. | ||||||
24 | (2) (Blank). | ||||||
25 | (3) Has completed a major in the content area if | ||||||
26 | seeking a middle or secondary level endorsement or, if |
| |||||||
| |||||||
1 | seeking an early childhood, elementary, or special | ||||||
2 | education endorsement, has completed a major in the | ||||||
3 | content area of early childhood reading, English/language | ||||||
4 | arts, mathematics, or one of the sciences. If the | ||||||
5 | individual does not have a major in a content area for any | ||||||
6 | level of teaching, he or she must submit transcripts to | ||||||
7 | the State Board of Education to be reviewed for | ||||||
8 | equivalency. | ||||||
9 | (4) Has successfully completed phase (1) of subsection | ||||||
10 | (b) of this Section. | ||||||
11 | (5) Has passed a content area test required for the | ||||||
12 | specific endorsement for admission into the program, as | ||||||
13 | required under Section 21B-30 of this Code. | ||||||
14 | A candidate possessing the alternative provisional | ||||||
15 | educator endorsement may receive a salary, benefits, and any | ||||||
16 | other terms of employment offered to teachers in the school | ||||||
17 | who are members of an exclusive bargaining representative, if | ||||||
18 | any, but a school is not required to provide these benefits | ||||||
19 | during the years of residency if the candidate is serving only | ||||||
20 | as a co-teacher. If the candidate is serving as the teacher of | ||||||
21 | record, the candidate must receive a salary, benefits, and any | ||||||
22 | other terms of employment. Residency experiences must not be | ||||||
23 | counted towards tenure. | ||||||
24 | (d) The recognized institution offering the Alternative | ||||||
25 | Educator Licensure Program for Teachers must partner with a | ||||||
26 | school district, including without limitation a preschool |
| |||||||
| |||||||
1 | educational program under Section 2-3.71 of this Code or | ||||||
2 | charter school, or a State-recognized, nonpublic school in | ||||||
3 | this State in which the chief administrator is required to | ||||||
4 | have the licensure necessary to be a principal in a public | ||||||
5 | school in this State and in which a majority of the teachers | ||||||
6 | are required to have the licensure necessary to be instructors | ||||||
7 | in a public school in this State. A recognized institution | ||||||
8 | that partners with a public school district administering a | ||||||
9 | preschool educational program under Section 2-3.71 of this | ||||||
10 | Code must require a principal to recommend or evaluate | ||||||
11 | candidates in the program. A recognized institution that | ||||||
12 | partners with an eligible entity administering a preschool | ||||||
13 | educational program under Section 2-3.71 of this Code and that | ||||||
14 | is not a public school district must require a principal or | ||||||
15 | qualified equivalent of a principal to recommend or evaluate | ||||||
16 | candidates in the program. The program presented for approval | ||||||
17 | by the State Board of Education must demonstrate the supports | ||||||
18 | that are to be provided to assist the provisional teacher | ||||||
19 | during the one-year 1-year or 2-year residency period and if | ||||||
20 | the residency period is to be less than 2 years in length, | ||||||
21 | assurances from the partner school districts to provide | ||||||
22 | intensive mentoring and supports through at least the end of | ||||||
23 | the second full year of teaching for educators who completed | ||||||
24 | the Alternative Educator Educators Licensure Program for | ||||||
25 | Teachers in less than 2 years. These supports must, at a | ||||||
26 | minimum, provide additional contact hours with mentors during |
| |||||||
| |||||||
1 | the first year of residency. | ||||||
2 | (e) Upon completion of phases under paragraphs (1), (2), | ||||||
3 | (4), and, if needed, (3) in subsection (b) of this Section and | ||||||
4 | all assessments required under Section 21B-30 of this Code, an | ||||||
5 | individual shall receive a Professional Educator License. | ||||||
6 | (f) The State Board of Education, in consultation with the | ||||||
7 | State Educator Preparation and Licensure Board, may adopt such | ||||||
8 | rules as may be necessary to establish and implement the | ||||||
9 | Alternative Educator Licensure Program for Teachers. | ||||||
10 | (Source: P.A. 103-111, eff. 6-29-23; 103-488, eff. 8-4-23; | ||||||
11 | revised 9-1-23.)
| ||||||
12 | (105 ILCS 5/21B-70) | ||||||
13 | Sec. 21B-70. Illinois Teaching Excellence Program. | ||||||
14 | (a) As used in this Section: | ||||||
15 | "Diverse candidate" means a candidate who identifies with | ||||||
16 | any of the ethnicities reported on the Illinois Report Card | ||||||
17 | other than White. | ||||||
18 | "Hard-to-staff school" means a public school in which no | ||||||
19 | less than 30% of the student enrollment is considered | ||||||
20 | low-income as reported by the report card under Section 10-17a | ||||||
21 | of this Code. | ||||||
22 | "National Board certified teacher candidate cohort | ||||||
23 | facilitator" means a National Board certified teacher who | ||||||
24 | collaborates to advance the goal of supporting all other | ||||||
25 | candidate cohorts other than diverse candidate cohorts through |
| |||||||
| |||||||
1 | the Illinois National Board for Professional Teaching | ||||||
2 | Standards Comprehensive Support System. | ||||||
3 | "National Board certified teacher diverse candidate cohort | ||||||
4 | facilitator" means a National Board certified teacher who | ||||||
5 | collaborates to advance the goal of supporting racially and | ||||||
6 | ethnically diverse candidates through the Illinois National | ||||||
7 | Board for Professional Teaching Standards Comprehensive | ||||||
8 | Support System. | ||||||
9 | "National Board certified teacher diverse liaison" means | ||||||
10 | an individual or entity that supports the National Board | ||||||
11 | certified teacher leading a diverse candidate cohort. | ||||||
12 | "National Board certified teacher liaison" means an | ||||||
13 | individual or entity that supports the National Board | ||||||
14 | certified teacher leading candidate cohorts other than diverse | ||||||
15 | candidate cohorts. | ||||||
16 | "National Board certified teacher rural or remote or | ||||||
17 | distant candidate cohort facilitator" means a National Board | ||||||
18 | certified teacher who collaborates to advance the goal of | ||||||
19 | supporting rural or remote candidates through the Illinois | ||||||
20 | National Board for Professional Teaching Standards | ||||||
21 | Comprehensive Support System. | ||||||
22 | "National Board certified teacher rural or remote or | ||||||
23 | distant liaison" means an individual or entity that supports | ||||||
24 | the National Board certified teacher leading a rural or remote | ||||||
25 | candidate cohort. | ||||||
26 | "Qualified educator" means a teacher or school counselor |
| |||||||
| |||||||
1 | currently employed in a school district who is in the process | ||||||
2 | of obtaining certification through the National Board for | ||||||
3 | Professional Teaching Standards or who has completed | ||||||
4 | certification and holds a current Professional Educator | ||||||
5 | License with a National Board for Professional Teaching | ||||||
6 | Standards designation or a retired teacher or school counselor | ||||||
7 | who holds a Professional Educator License with a National | ||||||
8 | Board for Professional Teaching Standards designation. | ||||||
9 | "Rural or remote" or "rural or remote or distant" means | ||||||
10 | local codes 32, 33, 41, 42, and 43 of the New Urban-Centric | ||||||
11 | Locale Codes, as defined by the National Center for Education | ||||||
12 | Statistics. | ||||||
13 | "Tier 1" has the meaning given to that term under Section | ||||||
14 | 18-8.15. | ||||||
15 | "Tier 2" has the meaning given to that term under Section | ||||||
16 | 18-8.15. | ||||||
17 | (b) Any funds appropriated for the Illinois Teaching | ||||||
18 | Excellence Program must be used to provide monetary assistance | ||||||
19 | and incentives for qualified educators who are employed by or | ||||||
20 | retired from school districts and who have or are in the | ||||||
21 | process of obtaining licensure through the National Board for | ||||||
22 | Professional Teaching Standards. The goal of the program is to | ||||||
23 | improve instruction and student performance. | ||||||
24 | The State Board of Education shall allocate an amount as | ||||||
25 | annually appropriated by the General Assembly for the Illinois | ||||||
26 | Teaching Excellence Program for (i) application or re-take |
| |||||||
| |||||||
1 | fees for each qualified educator seeking to complete | ||||||
2 | certification through the National Board for Professional | ||||||
3 | Teaching Standards, to be paid directly to the National Board | ||||||
4 | for Professional Teaching Standards, and (ii) incentives under | ||||||
5 | paragraphs (1), (2), and (3) of subsection (c) for each | ||||||
6 | qualified educator, to be distributed to the respective school | ||||||
7 | district, and incentives under paragraph (5) of subsection | ||||||
8 | (c), to be distributed to the respective school district or | ||||||
9 | directly to the qualified educator. The school district shall | ||||||
10 | distribute this payment to each eligible teacher or school | ||||||
11 | counselor as a single payment. | ||||||
12 | The State Board of Education's annual budget must set out | ||||||
13 | by separate line item the appropriation for the program. | ||||||
14 | Unless otherwise provided by appropriation, qualified | ||||||
15 | educators are eligible for monetary assistance and incentives | ||||||
16 | outlined in subsections (c) and (d) of this Section. | ||||||
17 | (c) When there are adequate funds available, monetary | ||||||
18 | assistance and incentives shall include the following: | ||||||
19 | (1) A maximum of $2,000 toward towards the application | ||||||
20 | or re-take fee for teachers or school counselors in a Tier | ||||||
21 | 1 school district who apply on a first-come, first-serve | ||||||
22 | basis for National Board certification. | ||||||
23 | (2) A maximum of $2,000 toward towards the application | ||||||
24 | or re-take fee for teachers or school counselors in a | ||||||
25 | school district other than a Tier 1 school district who | ||||||
26 | apply on a first-come, first-serve basis for National |
| |||||||
| |||||||
1 | Board certification. | ||||||
2 | (3) A maximum of $1,000 toward towards the National | ||||||
3 | Board for Professional Teaching Standards' renewal | ||||||
4 | application fee. | ||||||
5 | (4) (Blank). | ||||||
6 | (5) An annual incentive of no more than $2,250 | ||||||
7 | prorated at $50 per hour, which shall be paid to each | ||||||
8 | qualified educator currently employed in a school district | ||||||
9 | who holds both a National Board for Professional Teaching | ||||||
10 | Standards designation and a current corresponding | ||||||
11 | certificate issued by the National Board for Professional | ||||||
12 | Teaching Standards and who agrees, in writing, to provide | ||||||
13 | up to 45 hours of mentoring or National Board for | ||||||
14 | Professional Teaching Standards professional development | ||||||
15 | or both during the school year to classroom teachers or | ||||||
16 | school counselors, as applicable. Funds must be disbursed | ||||||
17 | on a first-come, first-serve basis, with priority given to | ||||||
18 | Tier 1 school districts. Mentoring shall include, either | ||||||
19 | singly or in combination, the following: | ||||||
20 | (A) National Board for Professional Teaching | ||||||
21 | Standards certification candidates. | ||||||
22 | (B) National Board for Professional Teaching | ||||||
23 | Standards re-take candidates. | ||||||
24 | (C) National Board for Professional Teaching | ||||||
25 | Standards renewal candidates. | ||||||
26 | (D) (Blank). |
| |||||||
| |||||||
1 | Funds may also be used for professional development | ||||||
2 | training provided by the National Board Resource Center. | ||||||
3 | Funds may also be used for instructional leadership | ||||||
4 | training for qualified educators interested in supporting | ||||||
5 | implementation of the Illinois Learning Standards or teaching | ||||||
6 | and learning priorities of the State Board of Education or | ||||||
7 | both. | ||||||
8 | (d) In addition to the monetary assistance and incentives | ||||||
9 | provided under subsection (c), if adequate funds are | ||||||
10 | available, incentives shall include the following incentives | ||||||
11 | for the program in rural or remote schools or school districts | ||||||
12 | or for programs working with diverse candidates or for | ||||||
13 | retention bonuses for hard-to-staff hard to staff schools, to | ||||||
14 | be distributed to the respective school district or directly | ||||||
15 | to the qualified educator or entity: | ||||||
16 | (1) A one-time incentive of $3,000 payable to National | ||||||
17 | Board certified teachers teaching in Tier 1 or Tier 2 | ||||||
18 | rural or remote school districts or rural or remote | ||||||
19 | schools in Tier 1 or Tier 2 school districts, with | ||||||
20 | priority given to teachers teaching in Tier 1 rural or | ||||||
21 | remote school districts or rural or remote schools in Tier | ||||||
22 | 1 school districts. | ||||||
23 | (2) An annual incentive of $3,200 for National Board | ||||||
24 | certified teacher rural or remote or distant candidate | ||||||
25 | cohort facilitators, diverse candidate cohort | ||||||
26 | facilitators, and candidate cohort facilitators. Priority |
| |||||||
| |||||||
1 | shall be given to rural or remote candidate cohort | ||||||
2 | facilitators and diverse candidate cohort facilitators. | ||||||
3 | (3) An annual incentive of $2,500 for National Board | ||||||
4 | certified teacher rural or remote or distant liaisons, | ||||||
5 | diverse liaisons, and liaisons. Priority shall be given to | ||||||
6 | rural or remote liaisons and diverse liaisons. | ||||||
7 | (4) An annual retention bonus of $4,000 per year for 2 | ||||||
8 | consecutive years shall be awarded to National Board | ||||||
9 | certified teachers employed in hard-to-staff schools. | ||||||
10 | Funds must be disbursed on a first-come, first-served | ||||||
11 | basis. | ||||||
12 | (Source: P.A. 103-122, eff. 6-30-23; 103-207, eff. 1-1-24; | ||||||
13 | revised 12-12-23.)
| ||||||
14 | (105 ILCS 5/22-30) | ||||||
15 | (Text of Section before amendment by P.A. 103-542 ) | ||||||
16 | Sec. 22-30. Self-administration and self-carry of asthma | ||||||
17 | medication and epinephrine injectors; administration of | ||||||
18 | undesignated epinephrine injectors; administration of an | ||||||
19 | opioid antagonist; administration of undesignated asthma | ||||||
20 | medication; supply of undesignated oxygen tanks; asthma | ||||||
21 | episode emergency response protocol. | ||||||
22 | (a) For the purpose of this Section only, the following | ||||||
23 | terms shall have the meanings set forth below: | ||||||
24 | "Asthma action plan" means a written plan developed with a | ||||||
25 | pupil's medical provider to help control the pupil's asthma. |
| |||||||
| |||||||
1 | The goal of an asthma action plan is to reduce or prevent | ||||||
2 | flare-ups and emergency department visits through day-to-day | ||||||
3 | management and to serve as a student-specific document to be | ||||||
4 | referenced in the event of an asthma episode. | ||||||
5 | "Asthma episode emergency response protocol" means a | ||||||
6 | procedure to provide assistance to a pupil experiencing | ||||||
7 | symptoms of wheezing, coughing, shortness of breath, chest | ||||||
8 | tightness, or breathing difficulty. | ||||||
9 | "Epinephrine injector" includes an auto-injector approved | ||||||
10 | by the United States Food and Drug Administration for the | ||||||
11 | administration of epinephrine and a pre-filled syringe | ||||||
12 | approved by the United States Food and Drug Administration and | ||||||
13 | used for the administration of epinephrine that contains a | ||||||
14 | pre-measured dose of epinephrine that is equivalent to the | ||||||
15 | dosages used in an auto-injector. | ||||||
16 | "Asthma medication" means quick-relief asthma medication, | ||||||
17 | including albuterol or other short-acting bronchodilators, | ||||||
18 | that is approved by the United States Food and Drug | ||||||
19 | Administration for the treatment of respiratory distress. | ||||||
20 | "Asthma medication" includes medication delivered through a | ||||||
21 | device, including a metered dose inhaler with a reusable or | ||||||
22 | disposable spacer or a nebulizer with a mouthpiece or mask. | ||||||
23 | "Opioid antagonist" means a drug that binds to opioid | ||||||
24 | receptors and blocks or inhibits the effect of opioids acting | ||||||
25 | on those receptors, including, but not limited to, naloxone | ||||||
26 | hydrochloride or any other similarly acting drug approved by |
| |||||||
| |||||||
1 | the U.S. Food and Drug Administration. | ||||||
2 | "Respiratory distress" means the perceived or actual | ||||||
3 | presence of wheezing, coughing, shortness of breath, chest | ||||||
4 | tightness, breathing difficulty, or any other symptoms | ||||||
5 | consistent with asthma. Respiratory distress may be | ||||||
6 | categorized as "mild-to-moderate" or "severe". | ||||||
7 | "School nurse" means a registered nurse working in a | ||||||
8 | school with or without licensure endorsed in school nursing. | ||||||
9 | "Self-administration" means a pupil's discretionary use of | ||||||
10 | his or her prescribed asthma medication or epinephrine | ||||||
11 | injector. | ||||||
12 | "Self-carry" means a pupil's ability to carry his or her | ||||||
13 | prescribed asthma medication or epinephrine injector. | ||||||
14 | "Standing protocol" may be issued by (i) a physician | ||||||
15 | licensed to practice medicine in all its branches, (ii) a | ||||||
16 | licensed physician assistant with prescriptive authority, or | ||||||
17 | (iii) a licensed advanced practice registered nurse with | ||||||
18 | prescriptive authority. | ||||||
19 | "Trained personnel" means any school employee or volunteer | ||||||
20 | personnel authorized in Sections 10-22.34, 10-22.34a, and | ||||||
21 | 10-22.34b of this Code who has completed training under | ||||||
22 | subsection (g) of this Section to recognize and respond to | ||||||
23 | anaphylaxis, an opioid overdose, or respiratory distress. | ||||||
24 | "Undesignated asthma medication" means asthma medication | ||||||
25 | prescribed in the name of a school district, public school, | ||||||
26 | charter school, or nonpublic school. |
| |||||||
| |||||||
1 | "Undesignated epinephrine injector" means an epinephrine | ||||||
2 | injector prescribed in the name of a school district, public | ||||||
3 | school, charter school, or nonpublic school. | ||||||
4 | (b) A school, whether public, charter, or nonpublic, must | ||||||
5 | permit the self-administration and self-carry of asthma | ||||||
6 | medication by a pupil with asthma or the self-administration | ||||||
7 | and self-carry of an epinephrine injector by a pupil, provided | ||||||
8 | that: | ||||||
9 | (1) the parents or guardians of the pupil provide to | ||||||
10 | the school (i) written authorization from the parents or | ||||||
11 | guardians for (A) the self-administration and self-carry | ||||||
12 | of asthma medication or (B) the self-carry of asthma | ||||||
13 | medication or (ii) for (A) the self-administration and | ||||||
14 | self-carry of an epinephrine injector or (B) the | ||||||
15 | self-carry of an epinephrine injector, written | ||||||
16 | authorization from the pupil's physician, physician | ||||||
17 | assistant, or advanced practice registered nurse; and | ||||||
18 | (2) the parents or guardians of the pupil provide to | ||||||
19 | the school (i) the prescription label, which must contain | ||||||
20 | the name of the asthma medication, the prescribed dosage, | ||||||
21 | and the time at which or circumstances under which the | ||||||
22 | asthma medication is to be administered, or (ii) for the | ||||||
23 | self-administration or self-carry of an epinephrine | ||||||
24 | injector, a written statement from the pupil's physician, | ||||||
25 | physician assistant, or advanced practice registered nurse | ||||||
26 | containing the following information: |
| |||||||
| |||||||
1 | (A) the name and purpose of the epinephrine | ||||||
2 | injector; | ||||||
3 | (B) the prescribed dosage; and | ||||||
4 | (C) the time or times at which or the special | ||||||
5 | circumstances under which the epinephrine injector is | ||||||
6 | to be administered. | ||||||
7 | The information provided shall be kept on file in the office of | ||||||
8 | the school nurse or, in the absence of a school nurse, the | ||||||
9 | school's administrator. | ||||||
10 | (b-5) A school district, public school, charter school, or | ||||||
11 | nonpublic school may authorize the provision of a | ||||||
12 | student-specific or undesignated epinephrine injector to a | ||||||
13 | student or any personnel authorized under a student's | ||||||
14 | Individual Health Care Action Plan, allergy emergency action | ||||||
15 | plan, or plan pursuant to Section 504 of the federal | ||||||
16 | Rehabilitation Act of 1973 to administer an epinephrine | ||||||
17 | injector to the student, that meets the student's prescription | ||||||
18 | on file. | ||||||
19 | (b-10) The school district, public school, charter school, | ||||||
20 | or nonpublic school may authorize a school nurse or trained | ||||||
21 | personnel to do the following: (i) provide an undesignated | ||||||
22 | epinephrine injector to a student for self-administration only | ||||||
23 | or any personnel authorized under a student's Individual | ||||||
24 | Health Care Action Plan, allergy emergency action plan, plan | ||||||
25 | pursuant to Section 504 of the federal Rehabilitation Act of | ||||||
26 | 1973, or individualized education program plan to administer |
| |||||||
| |||||||
1 | to the student that meets the student's prescription on file; | ||||||
2 | (ii) administer an undesignated epinephrine injector that | ||||||
3 | meets the prescription on file to any student who has an | ||||||
4 | Individual Health Care Action Plan, allergy emergency action | ||||||
5 | plan, plan pursuant to Section 504 of the federal | ||||||
6 | Rehabilitation Act of 1973, or individualized education | ||||||
7 | program plan that authorizes the use of an epinephrine | ||||||
8 | injector; (iii) administer an undesignated epinephrine | ||||||
9 | injector to any person that the school nurse or trained | ||||||
10 | personnel in good faith believes is having an anaphylactic | ||||||
11 | reaction; (iv) administer an opioid antagonist to any person | ||||||
12 | that the school nurse or trained personnel in good faith | ||||||
13 | believes is having an opioid overdose; (v) provide | ||||||
14 | undesignated asthma medication to a student for | ||||||
15 | self-administration only or to any personnel authorized under | ||||||
16 | a student's Individual Health Care Action Plan or asthma | ||||||
17 | action plan, plan pursuant to Section 504 of the federal | ||||||
18 | Rehabilitation Act of 1973, or individualized education | ||||||
19 | program plan to administer to the student that meets the | ||||||
20 | student's prescription on file; (vi) administer undesignated | ||||||
21 | asthma medication that meets the prescription on file to any | ||||||
22 | student who has an Individual Health Care Action Plan or | ||||||
23 | asthma action plan, plan pursuant to Section 504 of the | ||||||
24 | federal Rehabilitation Act of 1973, or individualized | ||||||
25 | education program plan that authorizes the use of asthma | ||||||
26 | medication; and (vii) administer undesignated asthma |
| |||||||
| |||||||
1 | medication to any person that the school nurse or trained | ||||||
2 | personnel believes in good faith is having respiratory | ||||||
3 | distress. | ||||||
4 | (c) The school district, public school, charter school, or | ||||||
5 | nonpublic school must inform the parents or guardians of the | ||||||
6 | pupil, in writing, that the school district, public school, | ||||||
7 | charter school, or nonpublic school and its employees and | ||||||
8 | agents, including a physician, physician assistant, or | ||||||
9 | advanced practice registered nurse providing standing protocol | ||||||
10 | and a prescription for school epinephrine injectors, an opioid | ||||||
11 | antagonist, or undesignated asthma medication, are to incur no | ||||||
12 | liability or professional discipline, except for willful and | ||||||
13 | wanton conduct, as a result of any injury arising from the | ||||||
14 | administration of asthma medication, an epinephrine injector, | ||||||
15 | or an opioid antagonist regardless of whether authorization | ||||||
16 | was given by the pupil's parents or guardians or by the pupil's | ||||||
17 | physician, physician assistant, or advanced practice | ||||||
18 | registered nurse. The parents or guardians of the pupil must | ||||||
19 | sign a statement acknowledging that the school district, | ||||||
20 | public school, charter school, or nonpublic school and its | ||||||
21 | employees and agents are to incur no liability, except for | ||||||
22 | willful and wanton conduct, as a result of any injury arising | ||||||
23 | from the administration of asthma medication, an epinephrine | ||||||
24 | injector, or an opioid antagonist regardless of whether | ||||||
25 | authorization was given by the pupil's parents or guardians or | ||||||
26 | by the pupil's physician, physician assistant, or advanced |
| |||||||
| |||||||
1 | practice registered nurse and that the parents or guardians | ||||||
2 | must indemnify and hold harmless the school district, public | ||||||
3 | school, charter school, or nonpublic school and its employees | ||||||
4 | and agents against any claims, except a claim based on willful | ||||||
5 | and wanton conduct, arising out of the administration of | ||||||
6 | asthma medication, an epinephrine injector, or an opioid | ||||||
7 | antagonist regardless of whether authorization was given by | ||||||
8 | the pupil's parents or guardians or by the pupil's physician, | ||||||
9 | physician assistant, or advanced practice registered nurse. | ||||||
10 | (c-5) When a school nurse or trained personnel administers | ||||||
11 | an undesignated epinephrine injector to a person whom the | ||||||
12 | school nurse or trained personnel in good faith believes is | ||||||
13 | having an anaphylactic reaction, administers an opioid | ||||||
14 | antagonist to a person whom the school nurse or trained | ||||||
15 | personnel in good faith believes is having an opioid overdose, | ||||||
16 | or administers undesignated asthma medication to a person whom | ||||||
17 | the school nurse or trained personnel in good faith believes | ||||||
18 | is having respiratory distress, notwithstanding the lack of | ||||||
19 | notice to the parents or guardians of the pupil or the absence | ||||||
20 | of the parents or guardians signed statement acknowledging no | ||||||
21 | liability, except for willful and wanton conduct, the school | ||||||
22 | district, public school, charter school, or nonpublic school | ||||||
23 | and its employees and agents, and a physician, a physician | ||||||
24 | assistant, or an advanced practice registered nurse providing | ||||||
25 | standing protocol and a prescription for undesignated | ||||||
26 | epinephrine injectors, an opioid antagonist, or undesignated |
| |||||||
| |||||||
1 | asthma medication, are to incur no liability or professional | ||||||
2 | discipline, except for willful and wanton conduct, as a result | ||||||
3 | of any injury arising from the use of an undesignated | ||||||
4 | epinephrine injector, the use of an opioid antagonist, or the | ||||||
5 | use of undesignated asthma medication, regardless of whether | ||||||
6 | authorization was given by the pupil's parents or guardians or | ||||||
7 | by the pupil's physician, physician assistant, or advanced | ||||||
8 | practice registered nurse. | ||||||
9 | (d) The permission for self-administration and self-carry | ||||||
10 | of asthma medication or the self-administration and self-carry | ||||||
11 | of an epinephrine injector is effective for the school year | ||||||
12 | for which it is granted and shall be renewed each subsequent | ||||||
13 | school year upon fulfillment of the requirements of this | ||||||
14 | Section. | ||||||
15 | (e) Provided that the requirements of this Section are | ||||||
16 | fulfilled, a pupil with asthma may self-administer and | ||||||
17 | self-carry his or her asthma medication or a pupil may | ||||||
18 | self-administer and self-carry an epinephrine injector (i) | ||||||
19 | while in school, (ii) while at a school-sponsored activity, | ||||||
20 | (iii) while under the supervision of school personnel, or (iv) | ||||||
21 | before or after normal school activities, such as while in | ||||||
22 | before-school or after-school care on school-operated property | ||||||
23 | or while being transported on a school bus. | ||||||
24 | (e-5) Provided that the requirements of this Section are | ||||||
25 | fulfilled, a school nurse or trained personnel may administer | ||||||
26 | an undesignated epinephrine injector to any person whom the |
| |||||||
| |||||||
1 | school nurse or trained personnel in good faith believes to be | ||||||
2 | having an anaphylactic reaction (i) while in school, (ii) | ||||||
3 | while at a school-sponsored activity, (iii) while under the | ||||||
4 | supervision of school personnel, or (iv) before or after | ||||||
5 | normal school activities, such as while in before-school or | ||||||
6 | after-school care on school-operated property or while being | ||||||
7 | transported on a school bus. A school nurse or trained | ||||||
8 | personnel may carry undesignated epinephrine injectors on his | ||||||
9 | or her person while in school or at a school-sponsored | ||||||
10 | activity. | ||||||
11 | (e-10) Provided that the requirements of this Section are | ||||||
12 | fulfilled, a school nurse or trained personnel may administer | ||||||
13 | an opioid antagonist to any person whom the school nurse or | ||||||
14 | trained personnel in good faith believes to be having an | ||||||
15 | opioid overdose (i) while in school, (ii) while at a | ||||||
16 | school-sponsored activity, (iii) while under the supervision | ||||||
17 | of school personnel, or (iv) before or after normal school | ||||||
18 | activities, such as while in before-school or after-school | ||||||
19 | care on school-operated property. A school nurse or trained | ||||||
20 | personnel may carry an opioid antagonist on his or her person | ||||||
21 | while in school or at a school-sponsored activity. | ||||||
22 | (e-15) If the requirements of this Section are met, a | ||||||
23 | school nurse or trained personnel may administer undesignated | ||||||
24 | asthma medication to any person whom the school nurse or | ||||||
25 | trained personnel in good faith believes to be experiencing | ||||||
26 | respiratory distress (i) while in school, (ii) while at a |
| |||||||
| |||||||
1 | school-sponsored activity, (iii) while under the supervision | ||||||
2 | of school personnel, or (iv) before or after normal school | ||||||
3 | activities, including before-school or after-school care on | ||||||
4 | school-operated property. A school nurse or trained personnel | ||||||
5 | may carry undesignated asthma medication on his or her person | ||||||
6 | while in school or at a school-sponsored activity. | ||||||
7 | (f) The school district, public school, charter school, or | ||||||
8 | nonpublic school may maintain a supply of undesignated | ||||||
9 | epinephrine injectors in any secure location that is | ||||||
10 | accessible before, during, and after school where an allergic | ||||||
11 | person is most at risk, including, but not limited to, | ||||||
12 | classrooms and lunchrooms. A physician, a physician assistant | ||||||
13 | who has prescriptive authority in accordance with Section 7.5 | ||||||
14 | of the Physician Assistant Practice Act of 1987, or an | ||||||
15 | advanced practice registered nurse who has prescriptive | ||||||
16 | authority in accordance with Section 65-40 of the Nurse | ||||||
17 | Practice Act may prescribe undesignated epinephrine injectors | ||||||
18 | in the name of the school district, public school, charter | ||||||
19 | school, or nonpublic school to be maintained for use when | ||||||
20 | necessary. Any supply of epinephrine injectors shall be | ||||||
21 | maintained in accordance with the manufacturer's instructions. | ||||||
22 | The school district, public school, charter school, or | ||||||
23 | nonpublic school shall maintain a supply of an opioid | ||||||
24 | antagonist in any secure location where an individual may have | ||||||
25 | an opioid overdose, unless there is a shortage of opioid | ||||||
26 | antagonists, in which case the school district, public school, |
| |||||||
| |||||||
1 | charter school, or nonpublic school shall make a reasonable | ||||||
2 | effort to maintain a supply of an opioid antagonist. Unless | ||||||
3 | the school district, public school, charter school, or | ||||||
4 | nonpublic school is able to obtain opioid antagonists without | ||||||
5 | a prescription, a health care professional who has been | ||||||
6 | delegated prescriptive authority for opioid antagonists in | ||||||
7 | accordance with Section 5-23 of the Substance Use Disorder Act | ||||||
8 | shall prescribe opioid antagonists in the name of the school | ||||||
9 | district, public school, charter school, or nonpublic school, | ||||||
10 | to be maintained for use when necessary. Any supply of opioid | ||||||
11 | antagonists shall be maintained in accordance with the | ||||||
12 | manufacturer's instructions. | ||||||
13 | The school district, public school, charter school, or | ||||||
14 | nonpublic school may maintain a supply of asthma medication in | ||||||
15 | any secure location that is accessible before, during, or | ||||||
16 | after school where a person is most at risk, including, but not | ||||||
17 | limited to, a classroom or the nurse's office. A physician, a | ||||||
18 | physician assistant who has prescriptive authority under | ||||||
19 | Section 7.5 of the Physician Assistant Practice Act of 1987, | ||||||
20 | or an advanced practice registered nurse who has prescriptive | ||||||
21 | authority under Section 65-40 of the Nurse Practice Act may | ||||||
22 | prescribe undesignated asthma medication in the name of the | ||||||
23 | school district, public school, charter school, or nonpublic | ||||||
24 | school to be maintained for use when necessary. Any supply of | ||||||
25 | undesignated asthma medication must be maintained in | ||||||
26 | accordance with the manufacturer's instructions. |
| |||||||
| |||||||
1 | A school district that provides special educational | ||||||
2 | facilities for children with disabilities under Section | ||||||
3 | 14-4.01 of this Code may maintain a supply of undesignated | ||||||
4 | oxygen tanks in any secure location that is accessible before, | ||||||
5 | during, and after school where a person with developmental | ||||||
6 | disabilities is most at risk, including, but not limited to, | ||||||
7 | classrooms and lunchrooms. A physician, a physician assistant | ||||||
8 | who has prescriptive authority in accordance with Section 7.5 | ||||||
9 | of the Physician Assistant Practice Act of 1987, or an | ||||||
10 | advanced practice registered nurse who has prescriptive | ||||||
11 | authority in accordance with Section 65-40 of the Nurse | ||||||
12 | Practice Act may prescribe undesignated oxygen tanks in the | ||||||
13 | name of the school district that provides special educational | ||||||
14 | facilities for children with disabilities under Section | ||||||
15 | 14-4.01 of this Code to be maintained for use when necessary. | ||||||
16 | Any supply of oxygen tanks shall be maintained in accordance | ||||||
17 | with the manufacturer's instructions and with the local fire | ||||||
18 | department's rules. | ||||||
19 | (f-3) Whichever entity initiates the process of obtaining | ||||||
20 | undesignated epinephrine injectors and providing training to | ||||||
21 | personnel for carrying and administering undesignated | ||||||
22 | epinephrine injectors shall pay for the costs of the | ||||||
23 | undesignated epinephrine injectors. | ||||||
24 | (f-5) Upon any administration of an epinephrine injector, | ||||||
25 | a school district, public school, charter school, or nonpublic | ||||||
26 | school must immediately activate the EMS system and notify the |
| |||||||
| |||||||
1 | student's parent, guardian, or emergency contact, if known. | ||||||
2 | Upon any administration of an opioid antagonist, a school | ||||||
3 | district, public school, charter school, or nonpublic school | ||||||
4 | must immediately activate the EMS system and notify the | ||||||
5 | student's parent, guardian, or emergency contact, if known. | ||||||
6 | (f-10) Within 24 hours of the administration of an | ||||||
7 | undesignated epinephrine injector, a school district, public | ||||||
8 | school, charter school, or nonpublic school must notify the | ||||||
9 | physician, physician assistant, or advanced practice | ||||||
10 | registered nurse who provided the standing protocol and a | ||||||
11 | prescription for the undesignated epinephrine injector of its | ||||||
12 | use. | ||||||
13 | Within 24 hours after the administration of an opioid | ||||||
14 | antagonist, a school district, public school, charter school, | ||||||
15 | or nonpublic school must notify the health care professional | ||||||
16 | who provided the prescription for the opioid antagonist of its | ||||||
17 | use. | ||||||
18 | Within 24 hours after the administration of undesignated | ||||||
19 | asthma medication, a school district, public school, charter | ||||||
20 | school, or nonpublic school must notify the student's parent | ||||||
21 | or guardian or emergency contact, if known, and the physician, | ||||||
22 | physician assistant, or advanced practice registered nurse who | ||||||
23 | provided the standing protocol and a prescription for the | ||||||
24 | undesignated asthma medication of its use. The district or | ||||||
25 | school must follow up with the school nurse, if available, and | ||||||
26 | may, with the consent of the child's parent or guardian, |
| |||||||
| |||||||
1 | notify the child's health care provider of record, as | ||||||
2 | determined under this Section, of its use. | ||||||
3 | (g) Prior to the administration of an undesignated | ||||||
4 | epinephrine injector, trained personnel must submit to the | ||||||
5 | school's administration proof of completion of a training | ||||||
6 | curriculum to recognize and respond to anaphylaxis that meets | ||||||
7 | the requirements of subsection (h) of this Section. Training | ||||||
8 | must be completed annually. The school district, public | ||||||
9 | school, charter school, or nonpublic school must maintain | ||||||
10 | records related to the training curriculum and trained | ||||||
11 | personnel. | ||||||
12 | Prior to the administration of an opioid antagonist, | ||||||
13 | trained personnel must submit to the school's administration | ||||||
14 | proof of completion of a training curriculum to recognize and | ||||||
15 | respond to an opioid overdose, which curriculum must meet the | ||||||
16 | requirements of subsection (h-5) of this Section. The school | ||||||
17 | district, public school, charter school, or nonpublic school | ||||||
18 | must maintain records relating to the training curriculum and | ||||||
19 | the trained personnel. | ||||||
20 | Prior to the administration of undesignated asthma | ||||||
21 | medication, trained personnel must submit to the school's | ||||||
22 | administration proof of completion of a training curriculum to | ||||||
23 | recognize and respond to respiratory distress, which must meet | ||||||
24 | the requirements of subsection (h-10) of this Section. | ||||||
25 | Training must be completed annually, and the school district, | ||||||
26 | public school, charter school, or nonpublic school must |
| |||||||
| |||||||
1 | maintain records relating to the training curriculum and the | ||||||
2 | trained personnel. | ||||||
3 | (h) A training curriculum to recognize and respond to | ||||||
4 | anaphylaxis, including the administration of an undesignated | ||||||
5 | epinephrine injector, may be conducted online or in person. | ||||||
6 | Training shall include, but is not limited to: | ||||||
7 | (1) how to recognize signs and symptoms of an allergic | ||||||
8 | reaction, including anaphylaxis; | ||||||
9 | (2) how to administer an epinephrine injector; and | ||||||
10 | (3) a test demonstrating competency of the knowledge | ||||||
11 | required to recognize anaphylaxis and administer an | ||||||
12 | epinephrine injector. | ||||||
13 | Training may also include, but is not limited to: | ||||||
14 | (A) a review of high-risk areas within a school and | ||||||
15 | its related facilities; | ||||||
16 | (B) steps to take to prevent exposure to allergens; | ||||||
17 | (C) emergency follow-up procedures, including the | ||||||
18 | importance of calling 9-1-1 or, if 9-1-1 is not available, | ||||||
19 | other local emergency medical services; | ||||||
20 | (D) how to respond to a student with a known allergy, | ||||||
21 | as well as a student with a previously unknown allergy; | ||||||
22 | (E) other criteria as determined in rules adopted | ||||||
23 | pursuant to this Section; and | ||||||
24 | (F) any policy developed by the State Board of | ||||||
25 | Education under Section 2-3.190. | ||||||
26 | In consultation with statewide professional organizations |
| |||||||
| |||||||
1 | representing physicians licensed to practice medicine in all | ||||||
2 | of its branches, registered nurses, and school nurses, the | ||||||
3 | State Board of Education shall make available resource | ||||||
4 | materials consistent with criteria in this subsection (h) for | ||||||
5 | educating trained personnel to recognize and respond to | ||||||
6 | anaphylaxis. The State Board may take into consideration the | ||||||
7 | curriculum on this subject developed by other states, as well | ||||||
8 | as any other curricular materials suggested by medical experts | ||||||
9 | and other groups that work on life-threatening allergy issues. | ||||||
10 | The State Board is not required to create new resource | ||||||
11 | materials. The State Board shall make these resource materials | ||||||
12 | available on its Internet website. | ||||||
13 | (h-5) A training curriculum to recognize and respond to an | ||||||
14 | opioid overdose, including the administration of an opioid | ||||||
15 | antagonist, may be conducted online or in person. The training | ||||||
16 | must comply with any training requirements under Section 5-23 | ||||||
17 | of the Substance Use Disorder Act and the corresponding rules. | ||||||
18 | It must include, but is not limited to: | ||||||
19 | (1) how to recognize symptoms of an opioid overdose; | ||||||
20 | (2) information on drug overdose prevention and | ||||||
21 | recognition; | ||||||
22 | (3) how to perform rescue breathing and resuscitation; | ||||||
23 | (4) how to respond to an emergency involving an opioid | ||||||
24 | overdose; | ||||||
25 | (5) opioid antagonist dosage and administration; | ||||||
26 | (6) the importance of calling 9-1-1 or, if 9-1-1 is |
| |||||||
| |||||||
1 | not available, other local emergency medical services; | ||||||
2 | (7) care for the overdose victim after administration | ||||||
3 | of the overdose antagonist; | ||||||
4 | (8) a test demonstrating competency of the knowledge | ||||||
5 | required to recognize an opioid overdose and administer a | ||||||
6 | dose of an opioid antagonist; and | ||||||
7 | (9) other criteria as determined in rules adopted | ||||||
8 | pursuant to this Section. | ||||||
9 | (h-10) A training curriculum to recognize and respond to | ||||||
10 | respiratory distress, including the administration of | ||||||
11 | undesignated asthma medication, may be conducted online or in | ||||||
12 | person. The training must include, but is not limited to: | ||||||
13 | (1) how to recognize symptoms of respiratory distress | ||||||
14 | and how to distinguish respiratory distress from | ||||||
15 | anaphylaxis; | ||||||
16 | (2) how to respond to an emergency involving | ||||||
17 | respiratory distress; | ||||||
18 | (3) asthma medication dosage and administration; | ||||||
19 | (4) the importance of calling 9-1-1 or, if 9-1-1 is | ||||||
20 | not available, other local emergency medical services; | ||||||
21 | (5) a test demonstrating competency of the knowledge | ||||||
22 | required to recognize respiratory distress and administer | ||||||
23 | asthma medication; and | ||||||
24 | (6) other criteria as determined in rules adopted | ||||||
25 | under this Section. | ||||||
26 | (i) Within 3 days after the administration of an |
| |||||||
| |||||||
1 | undesignated epinephrine injector by a school nurse, trained | ||||||
2 | personnel, or a student at a school or school-sponsored | ||||||
3 | activity, the school must report to the State Board of | ||||||
4 | Education in a form and manner prescribed by the State Board | ||||||
5 | the following information: | ||||||
6 | (1) age and type of person receiving epinephrine | ||||||
7 | (student, staff, visitor); | ||||||
8 | (2) any previously known diagnosis of a severe | ||||||
9 | allergy; | ||||||
10 | (3) trigger that precipitated allergic episode; | ||||||
11 | (4) location where symptoms developed; | ||||||
12 | (5) number of doses administered; | ||||||
13 | (6) type of person administering epinephrine (school | ||||||
14 | nurse, trained personnel, student); and | ||||||
15 | (7) any other information required by the State Board. | ||||||
16 | If a school district, public school, charter school, or | ||||||
17 | nonpublic school maintains or has an independent contractor | ||||||
18 | providing transportation to students who maintains a supply of | ||||||
19 | undesignated epinephrine injectors, then the school district, | ||||||
20 | public school, charter school, or nonpublic school must report | ||||||
21 | that information to the State Board of Education upon adoption | ||||||
22 | or change of the policy of the school district, public school, | ||||||
23 | charter school, nonpublic school, or independent contractor, | ||||||
24 | in a manner as prescribed by the State Board. The report must | ||||||
25 | include the number of undesignated epinephrine injectors in | ||||||
26 | supply. |
| |||||||
| |||||||
1 | (i-5) Within 3 days after the administration of an opioid | ||||||
2 | antagonist by a school nurse or trained personnel, the school | ||||||
3 | must report to the State Board of Education, in a form and | ||||||
4 | manner prescribed by the State Board, the following | ||||||
5 | information: | ||||||
6 | (1) the age and type of person receiving the opioid | ||||||
7 | antagonist (student, staff, or visitor); | ||||||
8 | (2) the location where symptoms developed; | ||||||
9 | (3) the type of person administering the opioid | ||||||
10 | antagonist (school nurse or trained personnel); and | ||||||
11 | (4) any other information required by the State Board. | ||||||
12 | (i-10) Within 3 days after the administration of | ||||||
13 | undesignated asthma medication by a school nurse, trained | ||||||
14 | personnel, or a student at a school or school-sponsored | ||||||
15 | activity, the school must report to the State Board of | ||||||
16 | Education, on a form and in a manner prescribed by the State | ||||||
17 | Board of Education, the following information: | ||||||
18 | (1) the age and type of person receiving the asthma | ||||||
19 | medication (student, staff, or visitor); | ||||||
20 | (2) any previously known diagnosis of asthma for the | ||||||
21 | person; | ||||||
22 | (3) the trigger that precipitated respiratory | ||||||
23 | distress, if identifiable; | ||||||
24 | (4) the location of where the symptoms developed; | ||||||
25 | (5) the number of doses administered; | ||||||
26 | (6) the type of person administering the asthma |
| |||||||
| |||||||
1 | medication (school nurse, trained personnel, or student); | ||||||
2 | (7) the outcome of the asthma medication | ||||||
3 | administration; and | ||||||
4 | (8) any other information required by the State Board. | ||||||
5 | (j) By October 1, 2015 and every year thereafter, the | ||||||
6 | State Board of Education shall submit a report to the General | ||||||
7 | Assembly identifying the frequency and circumstances of | ||||||
8 | undesignated epinephrine and undesignated asthma medication | ||||||
9 | administration during the preceding academic year. Beginning | ||||||
10 | with the 2017 report, the report shall also contain | ||||||
11 | information on which school districts, public schools, charter | ||||||
12 | schools, and nonpublic schools maintain or have independent | ||||||
13 | contractors providing transportation to students who maintain | ||||||
14 | a supply of undesignated epinephrine injectors. This report | ||||||
15 | shall be published on the State Board's Internet website on | ||||||
16 | the date the report is delivered to the General Assembly. | ||||||
17 | (j-5) Annually, each school district, public school, | ||||||
18 | charter school, or nonpublic school shall request an asthma | ||||||
19 | action plan from the parents or guardians of a pupil with | ||||||
20 | asthma. If provided, the asthma action plan must be kept on | ||||||
21 | file in the office of the school nurse or, in the absence of a | ||||||
22 | school nurse, the school administrator. Copies of the asthma | ||||||
23 | action plan may be distributed to appropriate school staff who | ||||||
24 | interact with the pupil on a regular basis, and, if | ||||||
25 | applicable, may be attached to the pupil's federal Section 504 | ||||||
26 | plan or individualized education program plan. |
| |||||||
| |||||||
1 | (j-10) To assist schools with emergency response | ||||||
2 | procedures for asthma, the State Board of Education, in | ||||||
3 | consultation with statewide professional organizations with | ||||||
4 | expertise in asthma management and a statewide organization | ||||||
5 | representing school administrators, shall develop a model | ||||||
6 | asthma episode emergency response protocol before September 1, | ||||||
7 | 2016. Each school district, charter school, and nonpublic | ||||||
8 | school shall adopt an asthma episode emergency response | ||||||
9 | protocol before January 1, 2017 that includes all of the | ||||||
10 | components of the State Board's model protocol. | ||||||
11 | (j-15) Every 2 years, school personnel who work with | ||||||
12 | pupils shall complete an in-person or online training program | ||||||
13 | on the management of asthma, the prevention of asthma | ||||||
14 | symptoms, and emergency response in the school setting. In | ||||||
15 | consultation with statewide professional organizations with | ||||||
16 | expertise in asthma management, the State Board of Education | ||||||
17 | shall make available resource materials for educating school | ||||||
18 | personnel about asthma and emergency response in the school | ||||||
19 | setting. | ||||||
20 | (j-20) On or before October 1, 2016 and every year | ||||||
21 | thereafter, the State Board of Education shall submit a report | ||||||
22 | to the General Assembly and the Department of Public Health | ||||||
23 | identifying the frequency and circumstances of opioid | ||||||
24 | antagonist administration during the preceding academic year. | ||||||
25 | This report shall be published on the State Board's Internet | ||||||
26 | website on the date the report is delivered to the General |
| |||||||
| |||||||
1 | Assembly. | ||||||
2 | (k) The State Board of Education may adopt rules necessary | ||||||
3 | to implement this Section. | ||||||
4 | (l) Nothing in this Section shall limit the amount of | ||||||
5 | epinephrine injectors that any type of school or student may | ||||||
6 | carry or maintain a supply of. | ||||||
7 | (Source: P.A. 102-413, eff. 8-20-21; 102-813, eff. 5-13-22; | ||||||
8 | 103-175, eff. 6-30-23; 103-196, eff. 1-1-24; 103-348, eff. | ||||||
9 | 1-1-24; revised 11-27-23.)
| ||||||
10 | (Text of Section after amendment by P.A. 103-542 ) | ||||||
11 | Sec. 22-30. Self-administration and self-carry of asthma | ||||||
12 | medication and epinephrine injectors; administration of | ||||||
13 | undesignated epinephrine injectors; administration of an | ||||||
14 | opioid antagonist; administration of undesignated asthma | ||||||
15 | medication; supply of undesignated oxygen tanks; asthma | ||||||
16 | episode emergency response protocol. | ||||||
17 | (a) For the purpose of this Section only, the following | ||||||
18 | terms shall have the meanings set forth below: | ||||||
19 | "Asthma action plan" means a written plan developed with a | ||||||
20 | pupil's medical provider to help control the pupil's asthma. | ||||||
21 | The goal of an asthma action plan is to reduce or prevent | ||||||
22 | flare-ups and emergency department visits through day-to-day | ||||||
23 | management and to serve as a student-specific document to be | ||||||
24 | referenced in the event of an asthma episode. | ||||||
25 | "Asthma episode emergency response protocol" means a |
| |||||||
| |||||||
1 | procedure to provide assistance to a pupil experiencing | ||||||
2 | symptoms of wheezing, coughing, shortness of breath, chest | ||||||
3 | tightness, or breathing difficulty. | ||||||
4 | "Epinephrine injector" includes an auto-injector approved | ||||||
5 | by the United States Food and Drug Administration for the | ||||||
6 | administration of epinephrine and a pre-filled syringe | ||||||
7 | approved by the United States Food and Drug Administration and | ||||||
8 | used for the administration of epinephrine that contains a | ||||||
9 | pre-measured dose of epinephrine that is equivalent to the | ||||||
10 | dosages used in an auto-injector. | ||||||
11 | "Asthma medication" means quick-relief asthma medication, | ||||||
12 | including albuterol or other short-acting bronchodilators, | ||||||
13 | that is approved by the United States Food and Drug | ||||||
14 | Administration for the treatment of respiratory distress. | ||||||
15 | "Asthma medication" includes medication delivered through a | ||||||
16 | device, including a metered dose inhaler with a reusable or | ||||||
17 | disposable spacer or a nebulizer with a mouthpiece or mask. | ||||||
18 | "Opioid antagonist" means a drug that binds to opioid | ||||||
19 | receptors and blocks or inhibits the effect of opioids acting | ||||||
20 | on those receptors, including, but not limited to, naloxone | ||||||
21 | hydrochloride or any other similarly acting drug approved by | ||||||
22 | the U.S. Food and Drug Administration. | ||||||
23 | "Respiratory distress" means the perceived or actual | ||||||
24 | presence of wheezing, coughing, shortness of breath, chest | ||||||
25 | tightness, breathing difficulty, or any other symptoms | ||||||
26 | consistent with asthma. Respiratory distress may be |
| |||||||
| |||||||
1 | categorized as "mild-to-moderate" or "severe". | ||||||
2 | "School nurse" means a registered nurse working in a | ||||||
3 | school with or without licensure endorsed in school nursing. | ||||||
4 | "Self-administration" means a pupil's discretionary use of | ||||||
5 | his or her prescribed asthma medication or epinephrine | ||||||
6 | injector. | ||||||
7 | "Self-carry" means a pupil's ability to carry his or her | ||||||
8 | prescribed asthma medication or epinephrine injector. | ||||||
9 | "Standing protocol" may be issued by (i) a physician | ||||||
10 | licensed to practice medicine in all its branches, (ii) a | ||||||
11 | licensed physician assistant with prescriptive authority, or | ||||||
12 | (iii) a licensed advanced practice registered nurse with | ||||||
13 | prescriptive authority. | ||||||
14 | "Trained personnel" means any school employee or volunteer | ||||||
15 | personnel authorized in Sections 10-22.34, 10-22.34a, and | ||||||
16 | 10-22.34b of this Code who has completed training under | ||||||
17 | subsection (g) of this Section to recognize and respond to | ||||||
18 | anaphylaxis, an opioid overdose, or respiratory distress. | ||||||
19 | "Undesignated asthma medication" means asthma medication | ||||||
20 | prescribed in the name of a school district, public school, | ||||||
21 | charter school, or nonpublic school. | ||||||
22 | "Undesignated epinephrine injector" means an epinephrine | ||||||
23 | injector prescribed in the name of a school district, public | ||||||
24 | school, charter school, or nonpublic school. | ||||||
25 | (b) A school, whether public, charter, or nonpublic, must | ||||||
26 | permit the self-administration and self-carry of asthma |
| |||||||
| |||||||
1 | medication by a pupil with asthma or the self-administration | ||||||
2 | and self-carry of an epinephrine injector by a pupil, provided | ||||||
3 | that: | ||||||
4 | (1) the parents or guardians of the pupil provide to | ||||||
5 | the school (i) written authorization from the parents or | ||||||
6 | guardians for (A) the self-administration and self-carry | ||||||
7 | of asthma medication or (B) the self-carry of asthma | ||||||
8 | medication or (ii) for (A) the self-administration and | ||||||
9 | self-carry of an epinephrine injector or (B) the | ||||||
10 | self-carry of an epinephrine injector, written | ||||||
11 | authorization from the pupil's physician, physician | ||||||
12 | assistant, or advanced practice registered nurse; and | ||||||
13 | (2) the parents or guardians of the pupil provide to | ||||||
14 | the school (i) the prescription label, which must contain | ||||||
15 | the name of the asthma medication, the prescribed dosage, | ||||||
16 | and the time at which or circumstances under which the | ||||||
17 | asthma medication is to be administered, or (ii) for the | ||||||
18 | self-administration or self-carry of an epinephrine | ||||||
19 | injector, a written statement from the pupil's physician, | ||||||
20 | physician assistant, or advanced practice registered nurse | ||||||
21 | containing the following information: | ||||||
22 | (A) the name and purpose of the epinephrine | ||||||
23 | injector; | ||||||
24 | (B) the prescribed dosage; and | ||||||
25 | (C) the time or times at which or the special | ||||||
26 | circumstances under which the epinephrine injector is |
| |||||||
| |||||||
1 | to be administered. | ||||||
2 | The information provided shall be kept on file in the office of | ||||||
3 | the school nurse or, in the absence of a school nurse, the | ||||||
4 | school's administrator. | ||||||
5 | (b-5) A school district, public school, charter school, or | ||||||
6 | nonpublic school may authorize the provision of a | ||||||
7 | student-specific or undesignated epinephrine injector to a | ||||||
8 | student or any personnel authorized under a student's | ||||||
9 | Individual Health Care Action Plan, allergy emergency action | ||||||
10 | plan, or plan pursuant to Section 504 of the federal | ||||||
11 | Rehabilitation Act of 1973 to administer an epinephrine | ||||||
12 | injector to the student, that meets the student's prescription | ||||||
13 | on file. | ||||||
14 | (b-10) The school district, public school, charter school, | ||||||
15 | or nonpublic school may authorize a school nurse or trained | ||||||
16 | personnel to do the following: (i) provide an undesignated | ||||||
17 | epinephrine injector to a student for self-administration only | ||||||
18 | or any personnel authorized under a student's Individual | ||||||
19 | Health Care Action Plan, allergy emergency action plan, plan | ||||||
20 | pursuant to Section 504 of the federal Rehabilitation Act of | ||||||
21 | 1973, or individualized education program plan to administer | ||||||
22 | to the student that meets the student's prescription on file; | ||||||
23 | (ii) administer an undesignated epinephrine injector that | ||||||
24 | meets the prescription on file to any student who has an | ||||||
25 | Individual Health Care Action Plan, allergy emergency action | ||||||
26 | plan, plan pursuant to Section 504 of the federal |
| |||||||
| |||||||
1 | Rehabilitation Act of 1973, or individualized education | ||||||
2 | program plan that authorizes the use of an epinephrine | ||||||
3 | injector; (iii) administer an undesignated epinephrine | ||||||
4 | injector to any person that the school nurse or trained | ||||||
5 | personnel in good faith believes is having an anaphylactic | ||||||
6 | reaction; (iv) administer an opioid antagonist to any person | ||||||
7 | that the school nurse or trained personnel in good faith | ||||||
8 | believes is having an opioid overdose; (v) provide | ||||||
9 | undesignated asthma medication to a student for | ||||||
10 | self-administration only or to any personnel authorized under | ||||||
11 | a student's Individual Health Care Action Plan or asthma | ||||||
12 | action plan, plan pursuant to Section 504 of the federal | ||||||
13 | Rehabilitation Act of 1973, or individualized education | ||||||
14 | program plan to administer to the student that meets the | ||||||
15 | student's prescription on file; (vi) administer undesignated | ||||||
16 | asthma medication that meets the prescription on file to any | ||||||
17 | student who has an Individual Health Care Action Plan or | ||||||
18 | asthma action plan, plan pursuant to Section 504 of the | ||||||
19 | federal Rehabilitation Act of 1973, or individualized | ||||||
20 | education program plan that authorizes the use of asthma | ||||||
21 | medication; and (vii) administer undesignated asthma | ||||||
22 | medication to any person that the school nurse or trained | ||||||
23 | personnel believes in good faith is having respiratory | ||||||
24 | distress. | ||||||
25 | (c) The school district, public school, charter school, or | ||||||
26 | nonpublic school must inform the parents or guardians of the |
| |||||||
| |||||||
1 | pupil, in writing, that the school district, public school, | ||||||
2 | charter school, or nonpublic school and its employees and | ||||||
3 | agents, including a physician, physician assistant, or | ||||||
4 | advanced practice registered nurse providing standing protocol | ||||||
5 | and a prescription for school epinephrine injectors, an opioid | ||||||
6 | antagonist, or undesignated asthma medication, are to incur no | ||||||
7 | liability or professional discipline, except for willful and | ||||||
8 | wanton conduct, as a result of any injury arising from the | ||||||
9 | administration of asthma medication, an epinephrine injector, | ||||||
10 | or an opioid antagonist regardless of whether authorization | ||||||
11 | was given by the pupil's parents or guardians or by the pupil's | ||||||
12 | physician, physician assistant, or advanced practice | ||||||
13 | registered nurse. The parents or guardians of the pupil must | ||||||
14 | sign a statement acknowledging that the school district, | ||||||
15 | public school, charter school, or nonpublic school and its | ||||||
16 | employees and agents are to incur no liability, except for | ||||||
17 | willful and wanton conduct, as a result of any injury arising | ||||||
18 | from the administration of asthma medication, an epinephrine | ||||||
19 | injector, or an opioid antagonist regardless of whether | ||||||
20 | authorization was given by the pupil's parents or guardians or | ||||||
21 | by the pupil's physician, physician assistant, or advanced | ||||||
22 | practice registered nurse and that the parents or guardians | ||||||
23 | must indemnify and hold harmless the school district, public | ||||||
24 | school, charter school, or nonpublic school and its employees | ||||||
25 | and agents against any claims, except a claim based on willful | ||||||
26 | and wanton conduct, arising out of the administration of |
| |||||||
| |||||||
1 | asthma medication, an epinephrine injector, or an opioid | ||||||
2 | antagonist regardless of whether authorization was given by | ||||||
3 | the pupil's parents or guardians or by the pupil's physician, | ||||||
4 | physician assistant, or advanced practice registered nurse. | ||||||
5 | (c-5) When a school nurse or trained personnel administers | ||||||
6 | an undesignated epinephrine injector to a person whom the | ||||||
7 | school nurse or trained personnel in good faith believes is | ||||||
8 | having an anaphylactic reaction, administers an opioid | ||||||
9 | antagonist to a person whom the school nurse or trained | ||||||
10 | personnel in good faith believes is having an opioid overdose, | ||||||
11 | or administers undesignated asthma medication to a person whom | ||||||
12 | the school nurse or trained personnel in good faith believes | ||||||
13 | is having respiratory distress, notwithstanding the lack of | ||||||
14 | notice to the parents or guardians of the pupil or the absence | ||||||
15 | of the parents or guardians signed statement acknowledging no | ||||||
16 | liability, except for willful and wanton conduct, the school | ||||||
17 | district, public school, charter school, or nonpublic school | ||||||
18 | and its employees and agents, and a physician, a physician | ||||||
19 | assistant, or an advanced practice registered nurse providing | ||||||
20 | standing protocol and a prescription for undesignated | ||||||
21 | epinephrine injectors, an opioid antagonist, or undesignated | ||||||
22 | asthma medication, are to incur no liability or professional | ||||||
23 | discipline, except for willful and wanton conduct, as a result | ||||||
24 | of any injury arising from the use of an undesignated | ||||||
25 | epinephrine injector, the use of an opioid antagonist, or the | ||||||
26 | use of undesignated asthma medication, regardless of whether |
| |||||||
| |||||||
1 | authorization was given by the pupil's parents or guardians or | ||||||
2 | by the pupil's physician, physician assistant, or advanced | ||||||
3 | practice registered nurse. | ||||||
4 | (d) The permission for self-administration and self-carry | ||||||
5 | of asthma medication or the self-administration and self-carry | ||||||
6 | of an epinephrine injector is effective for the school year | ||||||
7 | for which it is granted and shall be renewed each subsequent | ||||||
8 | school year upon fulfillment of the requirements of this | ||||||
9 | Section. | ||||||
10 | (e) Provided that the requirements of this Section are | ||||||
11 | fulfilled, a pupil with asthma may self-administer and | ||||||
12 | self-carry his or her asthma medication or a pupil may | ||||||
13 | self-administer and self-carry an epinephrine injector (i) | ||||||
14 | while in school, (ii) while at a school-sponsored activity, | ||||||
15 | (iii) while under the supervision of school personnel, or (iv) | ||||||
16 | before or after normal school activities, such as while in | ||||||
17 | before-school or after-school care on school-operated property | ||||||
18 | or while being transported on a school bus. | ||||||
19 | (e-5) Provided that the requirements of this Section are | ||||||
20 | fulfilled, a school nurse or trained personnel may administer | ||||||
21 | an undesignated epinephrine injector to any person whom the | ||||||
22 | school nurse or trained personnel in good faith believes to be | ||||||
23 | having an anaphylactic reaction (i) while in school, (ii) | ||||||
24 | while at a school-sponsored activity, (iii) while under the | ||||||
25 | supervision of school personnel, or (iv) before or after | ||||||
26 | normal school activities, such as while in before-school or |
| |||||||
| |||||||
1 | after-school care on school-operated property or while being | ||||||
2 | transported on a school bus. A school nurse or trained | ||||||
3 | personnel may carry undesignated epinephrine injectors on his | ||||||
4 | or her person while in school or at a school-sponsored | ||||||
5 | activity. | ||||||
6 | (e-10) Provided that the requirements of this Section are | ||||||
7 | fulfilled, a school nurse or trained personnel may administer | ||||||
8 | an opioid antagonist to any person whom the school nurse or | ||||||
9 | trained personnel in good faith believes to be having an | ||||||
10 | opioid overdose (i) while in school, (ii) while at a | ||||||
11 | school-sponsored activity, (iii) while under the supervision | ||||||
12 | of school personnel, or (iv) before or after normal school | ||||||
13 | activities, such as while in before-school or after-school | ||||||
14 | care on school-operated property. A school nurse or trained | ||||||
15 | personnel may carry an opioid antagonist on his or her person | ||||||
16 | while in school or at a school-sponsored activity. | ||||||
17 | (e-15) If the requirements of this Section are met, a | ||||||
18 | school nurse or trained personnel may administer undesignated | ||||||
19 | asthma medication to any person whom the school nurse or | ||||||
20 | trained personnel in good faith believes to be experiencing | ||||||
21 | respiratory distress (i) while in school, (ii) while at a | ||||||
22 | school-sponsored activity, (iii) while under the supervision | ||||||
23 | of school personnel, or (iv) before or after normal school | ||||||
24 | activities, including before-school or after-school care on | ||||||
25 | school-operated property. A school nurse or trained personnel | ||||||
26 | may carry undesignated asthma medication on his or her person |
| |||||||
| |||||||
1 | while in school or at a school-sponsored activity. | ||||||
2 | (f) The school district, public school, charter school, or | ||||||
3 | nonpublic school may maintain a supply of undesignated | ||||||
4 | epinephrine injectors in any secure location that is | ||||||
5 | accessible before, during, and after school where an allergic | ||||||
6 | person is most at risk, including, but not limited to, | ||||||
7 | classrooms and lunchrooms. A physician, a physician assistant | ||||||
8 | who has prescriptive authority in accordance with Section 7.5 | ||||||
9 | of the Physician Assistant Practice Act of 1987, or an | ||||||
10 | advanced practice registered nurse who has prescriptive | ||||||
11 | authority in accordance with Section 65-40 of the Nurse | ||||||
12 | Practice Act may prescribe undesignated epinephrine injectors | ||||||
13 | in the name of the school district, public school, charter | ||||||
14 | school, or nonpublic school to be maintained for use when | ||||||
15 | necessary. Any supply of epinephrine injectors shall be | ||||||
16 | maintained in accordance with the manufacturer's instructions. | ||||||
17 | The school district, public school, charter school, or | ||||||
18 | nonpublic school shall maintain a supply of an opioid | ||||||
19 | antagonist in any secure location where an individual may have | ||||||
20 | an opioid overdose, unless there is a shortage of opioid | ||||||
21 | antagonists, in which case the school district, public school, | ||||||
22 | charter school, or nonpublic school shall make a reasonable | ||||||
23 | effort to maintain a supply of an opioid antagonist. Unless | ||||||
24 | the school district, public school, charter school, or | ||||||
25 | nonpublic school is able to obtain opioid antagonists without | ||||||
26 | a prescription, a health care professional who has been |
| |||||||
| |||||||
1 | delegated prescriptive authority for opioid antagonists in | ||||||
2 | accordance with Section 5-23 of the Substance Use Disorder Act | ||||||
3 | shall prescribe opioid antagonists in the name of the school | ||||||
4 | district, public school, charter school, or nonpublic school, | ||||||
5 | to be maintained for use when necessary. Any supply of opioid | ||||||
6 | antagonists shall be maintained in accordance with the | ||||||
7 | manufacturer's instructions. | ||||||
8 | The school district, public school, charter school, or | ||||||
9 | nonpublic school may maintain a supply of asthma medication in | ||||||
10 | any secure location that is accessible before, during, or | ||||||
11 | after school where a person is most at risk, including, but not | ||||||
12 | limited to, a classroom or the nurse's office. A physician, a | ||||||
13 | physician assistant who has prescriptive authority under | ||||||
14 | Section 7.5 of the Physician Assistant Practice Act of 1987, | ||||||
15 | or an advanced practice registered nurse who has prescriptive | ||||||
16 | authority under Section 65-40 of the Nurse Practice Act may | ||||||
17 | prescribe undesignated asthma medication in the name of the | ||||||
18 | school district, public school, charter school, or nonpublic | ||||||
19 | school to be maintained for use when necessary. Any supply of | ||||||
20 | undesignated asthma medication must be maintained in | ||||||
21 | accordance with the manufacturer's instructions. | ||||||
22 | A school district that provides special educational | ||||||
23 | facilities for children with disabilities under Section | ||||||
24 | 14-4.01 of this Code may maintain a supply of undesignated | ||||||
25 | oxygen tanks in any secure location that is accessible before, | ||||||
26 | during, and after school where a person with developmental |
| |||||||
| |||||||
1 | disabilities is most at risk, including, but not limited to, | ||||||
2 | classrooms and lunchrooms. A physician, a physician assistant | ||||||
3 | who has prescriptive authority in accordance with Section 7.5 | ||||||
4 | of the Physician Assistant Practice Act of 1987, or an | ||||||
5 | advanced practice registered nurse who has prescriptive | ||||||
6 | authority in accordance with Section 65-40 of the Nurse | ||||||
7 | Practice Act may prescribe undesignated oxygen tanks in the | ||||||
8 | name of the school district that provides special educational | ||||||
9 | facilities for children with disabilities under Section | ||||||
10 | 14-4.01 of this Code to be maintained for use when necessary. | ||||||
11 | Any supply of oxygen tanks shall be maintained in accordance | ||||||
12 | with the manufacturer's instructions and with the local fire | ||||||
13 | department's rules. | ||||||
14 | (f-3) Whichever entity initiates the process of obtaining | ||||||
15 | undesignated epinephrine injectors and providing training to | ||||||
16 | personnel for carrying and administering undesignated | ||||||
17 | epinephrine injectors shall pay for the costs of the | ||||||
18 | undesignated epinephrine injectors. | ||||||
19 | (f-5) Upon any administration of an epinephrine injector, | ||||||
20 | a school district, public school, charter school, or nonpublic | ||||||
21 | school must immediately activate the EMS system and notify the | ||||||
22 | student's parent, guardian, or emergency contact, if known. | ||||||
23 | Upon any administration of an opioid antagonist, a school | ||||||
24 | district, public school, charter school, or nonpublic school | ||||||
25 | must immediately activate the EMS system and notify the | ||||||
26 | student's parent, guardian, or emergency contact, if known. |
| |||||||
| |||||||
1 | (f-10) Within 24 hours of the administration of an | ||||||
2 | undesignated epinephrine injector, a school district, public | ||||||
3 | school, charter school, or nonpublic school must notify the | ||||||
4 | physician, physician assistant, or advanced practice | ||||||
5 | registered nurse who provided the standing protocol and a | ||||||
6 | prescription for the undesignated epinephrine injector of its | ||||||
7 | use. | ||||||
8 | Within 24 hours after the administration of an opioid | ||||||
9 | antagonist, a school district, public school, charter school, | ||||||
10 | or nonpublic school must notify the health care professional | ||||||
11 | who provided the prescription for the opioid antagonist of its | ||||||
12 | use. | ||||||
13 | Within 24 hours after the administration of undesignated | ||||||
14 | asthma medication, a school district, public school, charter | ||||||
15 | school, or nonpublic school must notify the student's parent | ||||||
16 | or guardian or emergency contact, if known, and the physician, | ||||||
17 | physician assistant, or advanced practice registered nurse who | ||||||
18 | provided the standing protocol and a prescription for the | ||||||
19 | undesignated asthma medication of its use. The district or | ||||||
20 | school must follow up with the school nurse, if available, and | ||||||
21 | may, with the consent of the child's parent or guardian, | ||||||
22 | notify the child's health care provider of record, as | ||||||
23 | determined under this Section, of its use. | ||||||
24 | (g) Prior to the administration of an undesignated | ||||||
25 | epinephrine injector, trained personnel must submit to the | ||||||
26 | school's administration proof of completion of a training |
| |||||||
| |||||||
1 | curriculum to recognize and respond to anaphylaxis that meets | ||||||
2 | the requirements of subsection (h) of this Section. Training | ||||||
3 | must be completed annually. The school district, public | ||||||
4 | school, charter school, or nonpublic school must maintain | ||||||
5 | records related to the training curriculum and trained | ||||||
6 | personnel. | ||||||
7 | Prior to the administration of an opioid antagonist, | ||||||
8 | trained personnel must submit to the school's administration | ||||||
9 | proof of completion of a training curriculum to recognize and | ||||||
10 | respond to an opioid overdose, which curriculum must meet the | ||||||
11 | requirements of subsection (h-5) of this Section. The school | ||||||
12 | district, public school, charter school, or nonpublic school | ||||||
13 | must maintain records relating to the training curriculum and | ||||||
14 | the trained personnel. | ||||||
15 | Prior to the administration of undesignated asthma | ||||||
16 | medication, trained personnel must submit to the school's | ||||||
17 | administration proof of completion of a training curriculum to | ||||||
18 | recognize and respond to respiratory distress, which must meet | ||||||
19 | the requirements of subsection (h-10) of this Section. | ||||||
20 | Training must be completed annually, and the school district, | ||||||
21 | public school, charter school, or nonpublic school must | ||||||
22 | maintain records relating to the training curriculum and the | ||||||
23 | trained personnel. | ||||||
24 | (h) A training curriculum to recognize and respond to | ||||||
25 | anaphylaxis, including the administration of an undesignated | ||||||
26 | epinephrine injector, may be conducted online or in person. |
| |||||||
| |||||||
1 | Training shall include, but is not limited to: | ||||||
2 | (1) how to recognize signs and symptoms of an allergic | ||||||
3 | reaction, including anaphylaxis; | ||||||
4 | (2) how to administer an epinephrine injector; and | ||||||
5 | (3) a test demonstrating competency of the knowledge | ||||||
6 | required to recognize anaphylaxis and administer an | ||||||
7 | epinephrine injector. | ||||||
8 | Training may also include, but is not limited to: | ||||||
9 | (A) a review of high-risk areas within a school and | ||||||
10 | its related facilities; | ||||||
11 | (B) steps to take to prevent exposure to allergens; | ||||||
12 | (C) emergency follow-up procedures, including the | ||||||
13 | importance of calling 9-1-1 or, if 9-1-1 is not available, | ||||||
14 | other local emergency medical services; | ||||||
15 | (D) how to respond to a student with a known allergy, | ||||||
16 | as well as a student with a previously unknown allergy; | ||||||
17 | (E) other criteria as determined in rules adopted | ||||||
18 | pursuant to this Section; and | ||||||
19 | (F) any policy developed by the State Board of | ||||||
20 | Education under Section 2-3.190. | ||||||
21 | In consultation with statewide professional organizations | ||||||
22 | representing physicians licensed to practice medicine in all | ||||||
23 | of its branches, registered nurses, and school nurses, the | ||||||
24 | State Board of Education shall make available resource | ||||||
25 | materials consistent with criteria in this subsection (h) for | ||||||
26 | educating trained personnel to recognize and respond to |
| |||||||
| |||||||
1 | anaphylaxis. The State Board may take into consideration the | ||||||
2 | curriculum on this subject developed by other states, as well | ||||||
3 | as any other curricular materials suggested by medical experts | ||||||
4 | and other groups that work on life-threatening allergy issues. | ||||||
5 | The State Board is not required to create new resource | ||||||
6 | materials. The State Board shall make these resource materials | ||||||
7 | available on its Internet website. | ||||||
8 | (h-5) A training curriculum to recognize and respond to an | ||||||
9 | opioid overdose, including the administration of an opioid | ||||||
10 | antagonist, may be conducted online or in person. The training | ||||||
11 | must comply with any training requirements under Section 5-23 | ||||||
12 | of the Substance Use Disorder Act and the corresponding rules. | ||||||
13 | It must include, but is not limited to: | ||||||
14 | (1) how to recognize symptoms of an opioid overdose; | ||||||
15 | (2) information on drug overdose prevention and | ||||||
16 | recognition; | ||||||
17 | (3) how to perform rescue breathing and resuscitation; | ||||||
18 | (4) how to respond to an emergency involving an opioid | ||||||
19 | overdose; | ||||||
20 | (5) opioid antagonist dosage and administration; | ||||||
21 | (6) the importance of calling 9-1-1 or, if 9-1-1 is | ||||||
22 | not available, other local emergency medical services; | ||||||
23 | (7) care for the overdose victim after administration | ||||||
24 | of the overdose antagonist; | ||||||
25 | (8) a test demonstrating competency of the knowledge | ||||||
26 | required to recognize an opioid overdose and administer a |
| |||||||
| |||||||
1 | dose of an opioid antagonist; and | ||||||
2 | (9) other criteria as determined in rules adopted | ||||||
3 | pursuant to this Section. | ||||||
4 | (h-10) A training curriculum to recognize and respond to | ||||||
5 | respiratory distress, including the administration of | ||||||
6 | undesignated asthma medication, may be conducted online or in | ||||||
7 | person. The training must include, but is not limited to: | ||||||
8 | (1) how to recognize symptoms of respiratory distress | ||||||
9 | and how to distinguish respiratory distress from | ||||||
10 | anaphylaxis; | ||||||
11 | (2) how to respond to an emergency involving | ||||||
12 | respiratory distress; | ||||||
13 | (3) asthma medication dosage and administration; | ||||||
14 | (4) the importance of calling 9-1-1 or, if 9-1-1 is | ||||||
15 | not available, other local emergency medical services; | ||||||
16 | (5) a test demonstrating competency of the knowledge | ||||||
17 | required to recognize respiratory distress and administer | ||||||
18 | asthma medication; and | ||||||
19 | (6) other criteria as determined in rules adopted | ||||||
20 | under this Section. | ||||||
21 | (i) Within 3 days after the administration of an | ||||||
22 | undesignated epinephrine injector by a school nurse, trained | ||||||
23 | personnel, or a student at a school or school-sponsored | ||||||
24 | activity, the school must report to the State Board of | ||||||
25 | Education in a form and manner prescribed by the State Board | ||||||
26 | the following information: |
| |||||||
| |||||||
1 | (1) age and type of person receiving epinephrine | ||||||
2 | (student, staff, visitor); | ||||||
3 | (2) any previously known diagnosis of a severe | ||||||
4 | allergy; | ||||||
5 | (3) trigger that precipitated allergic episode; | ||||||
6 | (4) location where symptoms developed; | ||||||
7 | (5) number of doses administered; | ||||||
8 | (6) type of person administering epinephrine (school | ||||||
9 | nurse, trained personnel, student); and | ||||||
10 | (7) any other information required by the State Board. | ||||||
11 | If a school district, public school, charter school, or | ||||||
12 | nonpublic school maintains or has an independent contractor | ||||||
13 | providing transportation to students who maintains a supply of | ||||||
14 | undesignated epinephrine injectors, then the school district, | ||||||
15 | public school, charter school, or nonpublic school must report | ||||||
16 | that information to the State Board of Education upon adoption | ||||||
17 | or change of the policy of the school district, public school, | ||||||
18 | charter school, nonpublic school, or independent contractor, | ||||||
19 | in a manner as prescribed by the State Board. The report must | ||||||
20 | include the number of undesignated epinephrine injectors in | ||||||
21 | supply. | ||||||
22 | (i-5) Within 3 days after the administration of an opioid | ||||||
23 | antagonist by a school nurse or trained personnel, the school | ||||||
24 | must report to the State Board of Education, in a form and | ||||||
25 | manner prescribed by the State Board, the following | ||||||
26 | information: |
| |||||||
| |||||||
1 | (1) the age and type of person receiving the opioid | ||||||
2 | antagonist (student, staff, or visitor); | ||||||
3 | (2) the location where symptoms developed; | ||||||
4 | (3) the type of person administering the opioid | ||||||
5 | antagonist (school nurse or trained personnel); and | ||||||
6 | (4) any other information required by the State Board. | ||||||
7 | (i-10) Within 3 days after the administration of | ||||||
8 | undesignated asthma medication by a school nurse, trained | ||||||
9 | personnel, or a student at a school or school-sponsored | ||||||
10 | activity, the school must report to the State Board of | ||||||
11 | Education, on a form and in a manner prescribed by the State | ||||||
12 | Board of Education, the following information: | ||||||
13 | (1) the age and type of person receiving the asthma | ||||||
14 | medication (student, staff, or visitor); | ||||||
15 | (2) any previously known diagnosis of asthma for the | ||||||
16 | person; | ||||||
17 | (3) the trigger that precipitated respiratory | ||||||
18 | distress, if identifiable; | ||||||
19 | (4) the location of where the symptoms developed; | ||||||
20 | (5) the number of doses administered; | ||||||
21 | (6) the type of person administering the asthma | ||||||
22 | medication (school nurse, trained personnel, or student); | ||||||
23 | (7) the outcome of the asthma medication | ||||||
24 | administration; and | ||||||
25 | (8) any other information required by the State Board. | ||||||
26 | (j) By October 1, 2015 and every year thereafter, the |
| |||||||
| |||||||
1 | State Board of Education shall submit a report to the General | ||||||
2 | Assembly identifying the frequency and circumstances of | ||||||
3 | undesignated epinephrine and undesignated asthma medication | ||||||
4 | administration during the preceding academic year. Beginning | ||||||
5 | with the 2017 report, the report shall also contain | ||||||
6 | information on which school districts, public schools, charter | ||||||
7 | schools, and nonpublic schools maintain or have independent | ||||||
8 | contractors providing transportation to students who maintain | ||||||
9 | a supply of undesignated epinephrine injectors. This report | ||||||
10 | shall be published on the State Board's Internet website on | ||||||
11 | the date the report is delivered to the General Assembly. | ||||||
12 | (j-5) Annually, each school district, public school, | ||||||
13 | charter school, or nonpublic school shall request an asthma | ||||||
14 | action plan from the parents or guardians of a pupil with | ||||||
15 | asthma. If provided, the asthma action plan must be kept on | ||||||
16 | file in the office of the school nurse or, in the absence of a | ||||||
17 | school nurse, the school administrator. Copies of the asthma | ||||||
18 | action plan may be distributed to appropriate school staff who | ||||||
19 | interact with the pupil on a regular basis, and, if | ||||||
20 | applicable, may be attached to the pupil's federal Section 504 | ||||||
21 | plan or individualized education program plan. | ||||||
22 | (j-10) To assist schools with emergency response | ||||||
23 | procedures for asthma, the State Board of Education, in | ||||||
24 | consultation with statewide professional organizations with | ||||||
25 | expertise in asthma management and a statewide organization | ||||||
26 | representing school administrators, shall develop a model |
| |||||||
| |||||||
1 | asthma episode emergency response protocol before September 1, | ||||||
2 | 2016. Each school district, charter school, and nonpublic | ||||||
3 | school shall adopt an asthma episode emergency response | ||||||
4 | protocol before January 1, 2017 that includes all of the | ||||||
5 | components of the State Board's model protocol. | ||||||
6 | (j-15) (Blank). | ||||||
7 | (j-20) On or before October 1, 2016 and every year | ||||||
8 | thereafter, the State Board of Education shall submit a report | ||||||
9 | to the General Assembly and the Department of Public Health | ||||||
10 | identifying the frequency and circumstances of opioid | ||||||
11 | antagonist administration during the preceding academic year. | ||||||
12 | This report shall be published on the State Board's Internet | ||||||
13 | website on the date the report is delivered to the General | ||||||
14 | Assembly. | ||||||
15 | (k) The State Board of Education may adopt rules necessary | ||||||
16 | to implement this Section. | ||||||
17 | (l) Nothing in this Section shall limit the amount of | ||||||
18 | epinephrine injectors that any type of school or student may | ||||||
19 | carry or maintain a supply of. | ||||||
20 | (Source: P.A. 102-413, eff. 8-20-21; 102-813, eff. 5-13-22; | ||||||
21 | 103-175, eff. 6-30-23; 103-196, eff. 1-1-24; 103-348, eff. | ||||||
22 | 1-1-24; 103-542, eff. 7-1-24 (see Section 905 of P.A. 103-563 | ||||||
23 | for effective date of P.A. 103-542); revised 11-27-23.)
| ||||||
24 | (105 ILCS 5/22-95) | ||||||
25 | (This Section may contain text from a Public Act with a |
| |||||||
| |||||||
1 | delayed effective date ) | ||||||
2 | Sec. 22-95. Policy on discrimination, harassment, and | ||||||
3 | retaliation; response procedures. | ||||||
4 | (a) As used in this Section, "policy" means either the use | ||||||
5 | of a singular policy or multiple policies. | ||||||
6 | (b) Each school district, charter school, or nonpublic, | ||||||
7 | nonsectarian elementary or secondary school must create, | ||||||
8 | implement, and maintain at least one written policy that | ||||||
9 | prohibits discrimination and harassment based on race, color, | ||||||
10 | and national origin and prohibits retaliation. The policy may | ||||||
11 | be included as part of a broader anti-harassment or | ||||||
12 | anti-discrimination policy, provided that the policy | ||||||
13 | prohibiting discrimination and harassment based on race, | ||||||
14 | color, and national origin and retaliation shall be | ||||||
15 | distinguished with an appropriate title, heading, or label. | ||||||
16 | This policy must comply with and be distributed in accordance | ||||||
17 | with all of the following: | ||||||
18 | (1) The policy must be in writing and must include at a | ||||||
19 | minimum, the following information: | ||||||
20 | (A) descriptions of various forms of | ||||||
21 | discrimination and harassment based on race, color, | ||||||
22 | and national origin, including examples; | ||||||
23 | (B) the school district's, charter school's, or | ||||||
24 | nonpublic, nonsectarian elementary or secondary | ||||||
25 | school's internal process for filing a complaint | ||||||
26 | regarding a violation of the policy described in this |
| |||||||
| |||||||
1 | subsection, or a reference to that process if | ||||||
2 | described elsewhere in policy; | ||||||
3 | (C) an overview of the school district's, charter | ||||||
4 | school's, or nonpublic, nonsectarian elementary or | ||||||
5 | secondary school's prevention and response program | ||||||
6 | pursuant to subsection (c); | ||||||
7 | (D) potential remedies for a violation of the | ||||||
8 | policy described in this subsection; | ||||||
9 | (E) a prohibition on retaliation for making a | ||||||
10 | complaint or participating in the complaint process; | ||||||
11 | (F) the legal recourse available through the | ||||||
12 | Department of Human Rights and through federal | ||||||
13 | agencies if a school district, charter school, or | ||||||
14 | nonpublic, nonsectarian elementary or secondary school | ||||||
15 | fails to take corrective action, or a reference to | ||||||
16 | that process if described elsewhere in policy; and | ||||||
17 | (G) directions on how to contact the Department of | ||||||
18 | Human Rights or a reference to those directions if | ||||||
19 | described elsewhere in the policy. | ||||||
20 | The policy shall make clear that the policy does not | ||||||
21 | impair or otherwise diminish the rights of unionized | ||||||
22 | employees under federal law, State law, or a collective | ||||||
23 | bargaining agreement to request an exclusive bargaining | ||||||
24 | representative to be present during investigator | ||||||
25 | interviews, nor does the policy diminish any rights | ||||||
26 | available under the applicable negotiated collective |
| |||||||
| |||||||
1 | bargaining agreement, including, but not limited to, the | ||||||
2 | grievance procedure. | ||||||
3 | (2) The policy described in this subsection shall be | ||||||
4 | posted in a prominent and accessible location and | ||||||
5 | distributed in such a manner as to ensure notice of the | ||||||
6 | policy to all employees. If the school district, charter | ||||||
7 | school, or nonpublic, nonsectarian elementary or secondary | ||||||
8 | school maintains an Internet website or has an employee | ||||||
9 | Intranet, the website or Intranet shall be considered a | ||||||
10 | prominent and accessible location for the purpose of this | ||||||
11 | paragraph (2). Posting and distribution shall be | ||||||
12 | effectuated by the beginning of the 2024-2025 school year | ||||||
13 | and shall occur annually thereafter. | ||||||
14 | (3) The policy described in this subsection shall be | ||||||
15 | published on the school district's, charter school's, or | ||||||
16 | nonpublic, nonsectarian elementary or secondary school's | ||||||
17 | Internet website, if one exists, and in a student | ||||||
18 | handbook, if one exists. A summary of the policy in | ||||||
19 | accessible, age-appropriate language shall be distributed | ||||||
20 | annually to students and to the parents or guardians of | ||||||
21 | minor students. School districts, charter schools, and | ||||||
22 | nonpublic, nonsectarian elementary or secondary schools | ||||||
23 | shall provide a summary of the policy in the parent or | ||||||
24 | guardian's native language. For the annual distribution of | ||||||
25 | the summary, inclusion of the summary in a student | ||||||
26 | handbook is deemed compliant. |
| |||||||
| |||||||
1 | (c) Each school district, charter school, and nonpublic, | ||||||
2 | nonsectarian elementary or secondary school must establish | ||||||
3 | procedures for responding to complaints of discrimination and | ||||||
4 | harassment based on race, color, and national origin and | ||||||
5 | retaliation. These procedures must comply with subsection (b) | ||||||
6 | of this Section. Based on these procedures, school districts, | ||||||
7 | charter schools, and nonpublic, nonsectarian elementary or | ||||||
8 | secondary schools: | ||||||
9 | (1) shall reduce or remove, to the extent practicable, | ||||||
10 | barriers to reporting discrimination, harassment, and | ||||||
11 | retaliation; | ||||||
12 | (2) shall permit any person who reports or is the | ||||||
13 | victim of an incident of alleged discrimination, | ||||||
14 | harassment, or retaliation to be accompanied when making a | ||||||
15 | report by a support individual of the person's choice who | ||||||
16 | complies with the school district's, charter school's, or | ||||||
17 | nonpublic, nonsectarian elementary or secondary school's | ||||||
18 | policies or rules; | ||||||
19 | (3) shall permit anonymous reporting, except that this | ||||||
20 | paragraph (3) may not be construed to permit formal | ||||||
21 | disciplinary action solely on the basis of an anonymous | ||||||
22 | report; | ||||||
23 | (4) shall offer remedial interventions or take such | ||||||
24 | disciplinary action as may be appropriate on a | ||||||
25 | case-by-case basis; | ||||||
26 | (5) may offer, but not require or unduly influence, a |
| |||||||
| |||||||
1 | person who reports or is the victim of an incident of | ||||||
2 | discrimination, harassment, or retaliation the option to | ||||||
3 | resolve allegations directly with the offender; and | ||||||
4 | (6) may not cause a person who reports or is the victim | ||||||
5 | of an incident of discrimination, harassment, or | ||||||
6 | retaliation to suffer adverse consequences as a result of | ||||||
7 | a report of, an investigation of, or a response to the | ||||||
8 | incident; this protection may not permit victims to engage | ||||||
9 | in retaliation against the offender or limit a school | ||||||
10 | district, charter school, or nonpublic, nonsectarian | ||||||
11 | elementary or secondary school from applying disciplinary | ||||||
12 | measures in response to other acts or conduct not related | ||||||
13 | to the process of reporting, investigating, or responding | ||||||
14 | to a report of an incident of discrimination, harassment, | ||||||
15 | or retaliation. | ||||||
16 | (Source: P.A. 103-472, eff. 8-1-24.)
| ||||||
17 | (105 ILCS 5/22-97) | ||||||
18 | (Section scheduled to be repealed on February 1, 2029) | ||||||
19 | Sec. 22-97 22-95 . Whole Child Task Force. | ||||||
20 | (a) The General Assembly makes all of the following | ||||||
21 | findings: | ||||||
22 | (1) The COVID-19 pandemic has exposed systemic | ||||||
23 | inequities in American society. Students, educators, and | ||||||
24 | families throughout this State have been deeply affected | ||||||
25 | by the pandemic, and the impact of the pandemic will be |
| |||||||
| |||||||
1 | felt for years to come. The negative consequences of the | ||||||
2 | pandemic have impacted students and communities | ||||||
3 | differently along the lines of race, income, language, and | ||||||
4 | special needs. However, students in this State faced | ||||||
5 | significant unmet physical health, mental health, and | ||||||
6 | social and emotional needs even prior to the pandemic. | ||||||
7 | (2) The path to recovery requires a commitment from | ||||||
8 | adults in this State to address our students cultural, | ||||||
9 | physical, emotional, and mental health needs and to | ||||||
10 | provide them with stronger and increased systemic support | ||||||
11 | and intervention. | ||||||
12 | (3) It is well documented that trauma and toxic stress | ||||||
13 | diminish a child's ability to thrive. Forms of childhood | ||||||
14 | trauma and toxic stress include adverse childhood | ||||||
15 | experiences, systemic racism, poverty, food and housing | ||||||
16 | insecurity, and gender-based violence. The COVID-19 | ||||||
17 | pandemic has exacerbated these issues and brought them | ||||||
18 | into focus. | ||||||
19 | (4) It is estimated that, overall, approximately 40% | ||||||
20 | of children in this State have experienced at least one | ||||||
21 | adverse childhood experience and approximately 10% have | ||||||
22 | experienced 3 or more adverse childhood experiences. | ||||||
23 | However, the number of adverse childhood experiences is | ||||||
24 | higher for Black and Hispanic children who are growing up | ||||||
25 | in poverty. The COVID-19 pandemic has amplified the number | ||||||
26 | of students who have experienced childhood trauma. Also, |
| |||||||
| |||||||
1 | the COVID-19 pandemic has highlighted preexisting | ||||||
2 | inequities in school disciplinary practices that | ||||||
3 | disproportionately impact Black and Brown students. | ||||||
4 | Research shows, for example, that girls of color are | ||||||
5 | disproportionately impacted by trauma, adversity, and | ||||||
6 | abuse, and instead of receiving the care and | ||||||
7 | trauma-informed support they may need, many Black girls in | ||||||
8 | particular face disproportionately harsh disciplinary | ||||||
9 | measures. | ||||||
10 | (5) The cumulative effects of trauma and toxic stress | ||||||
11 | adversely impact the physical health of students, as well | ||||||
12 | as the students' ability to learn, form relationships, and | ||||||
13 | self-regulate. If left unaddressed, these effects increase | ||||||
14 | a student's risk for depression, alcoholism, anxiety, | ||||||
15 | asthma, smoking, and suicide, all of which are risks that | ||||||
16 | disproportionately affect Black youth and may lead to a | ||||||
17 | host of medical diseases as an adult. Access to infant and | ||||||
18 | early childhood mental health services is critical to | ||||||
19 | ensure the social and emotional well-being of this State's | ||||||
20 | youngest children, particularly those children who have | ||||||
21 | experienced trauma. | ||||||
22 | (6) Although this State enacted measures through | ||||||
23 | Public Act 100-105 to address the high rate of early care | ||||||
24 | and preschool expulsions of infants, toddlers, and | ||||||
25 | preschoolers and the disproportionately higher rate of | ||||||
26 | expulsion for Black and Hispanic children, a recent study |
| |||||||
| |||||||
1 | found a wide variation in the awareness, understanding, | ||||||
2 | and compliance with the law by providers of early | ||||||
3 | childhood care. Further work is needed to implement the | ||||||
4 | law, which includes providing training to early childhood | ||||||
5 | care providers to increase the providers' understanding of | ||||||
6 | the law, increasing the availability and access to infant | ||||||
7 | and early childhood mental health services, and building | ||||||
8 | aligned data collection systems to better understand | ||||||
9 | expulsion rates and to allow for accurate reporting as | ||||||
10 | required by the law. | ||||||
11 | (7) Many educators and schools in this State have | ||||||
12 | embraced and implemented evidence-based restorative | ||||||
13 | justice and trauma-responsive and culturally relevant | ||||||
14 | practices and interventions. However, the use of these | ||||||
15 | interventions on students is often isolated or is | ||||||
16 | implemented occasionally and only if the school has the | ||||||
17 | appropriate leadership, resources, and partners available | ||||||
18 | to engage seriously in this work. It would be malpractice | ||||||
19 | to deny our students access to these practices and | ||||||
20 | interventions, especially in the aftermath of a | ||||||
21 | once-in-a-century pandemic. | ||||||
22 | (b) The Whole Child Task Force created by Public Act | ||||||
23 | 101-654 is reestablished for the purpose of establishing an | ||||||
24 | equitable, inclusive, safe, and supportive environment in all | ||||||
25 | schools for every student in this State. The task force shall | ||||||
26 | have all of the following goals, which means key steps have to |
| |||||||
| |||||||
1 | be taken to ensure that every child in every school in this | ||||||
2 | State has access to teachers, social workers, school leaders, | ||||||
3 | support personnel, and others who have been trained in | ||||||
4 | evidence-based interventions and restorative practices: | ||||||
5 | (1) To create a common definition of a | ||||||
6 | trauma-responsive school, a trauma-responsive district, | ||||||
7 | and a trauma-responsive community. | ||||||
8 | (2) To outline the training and resources required to | ||||||
9 | create and sustain a system of support for | ||||||
10 | trauma-responsive schools, districts, and communities and | ||||||
11 | to identify this State's role in that work, including | ||||||
12 | recommendations concerning options for redirecting | ||||||
13 | resources from school resource officers to classroom-based | ||||||
14 | support. | ||||||
15 | (3) To identify or develop a process to conduct an | ||||||
16 | analysis of the organizations that provide training in | ||||||
17 | restorative practices, implicit bias, anti-racism, and | ||||||
18 | trauma-responsive systems, mental health services, and | ||||||
19 | social and emotional services to schools. | ||||||
20 | (4) To provide recommendations concerning the key data | ||||||
21 | to be collected and reported to ensure that this State has | ||||||
22 | a full and accurate understanding of the progress toward | ||||||
23 | ensuring that all schools, including programs and | ||||||
24 | providers of care to pre-kindergarten children, employ | ||||||
25 | restorative, anti-racist, and trauma-responsive | ||||||
26 | strategies and practices. The data collected must include |
| |||||||
| |||||||
1 | information relating to the availability of trauma | ||||||
2 | responsive support structures in schools, as well as | ||||||
3 | disciplinary practices employed on students in person or | ||||||
4 | through other means, including during remote or blended | ||||||
5 | learning. It should also include information on the use of | ||||||
6 | and funding for school resource officers and other similar | ||||||
7 | police personnel in school programs. | ||||||
8 | (5) To recommend an implementation timeline, including | ||||||
9 | the key roles, responsibilities, and resources to advance | ||||||
10 | this State toward a system in which every school, | ||||||
11 | district, and community is progressing toward becoming | ||||||
12 | trauma-responsive. | ||||||
13 | (6) To seek input and feedback from stakeholders, | ||||||
14 | including parents, students, and educators, who reflect | ||||||
15 | the diversity of this State. | ||||||
16 | (7) To recommend legislation, policies, and practices | ||||||
17 | to prevent learning loss in students during periods of | ||||||
18 | suspension and expulsion, including, but not limited to, | ||||||
19 | remote instruction. | ||||||
20 | (c) Members of the Whole Child Task Force shall be | ||||||
21 | appointed by the State Superintendent of Education. Members of | ||||||
22 | this task force must represent the diversity of this State and | ||||||
23 | possess the expertise needed to perform the work required to | ||||||
24 | meet the goals of the task force set forth under subsection | ||||||
25 | (a). Members of the task force shall include all of the | ||||||
26 | following: |
| |||||||
| |||||||
1 | (1) One member of a statewide professional teachers' | ||||||
2 | organization. | ||||||
3 | (2) One member of another statewide professional | ||||||
4 | teachers' organization. | ||||||
5 | (3) One member who represents a school district | ||||||
6 | serving a community with a population of 500,000 or more. | ||||||
7 | (4) One member of a statewide organization | ||||||
8 | representing social workers. | ||||||
9 | (5) One member of an organization that has specific | ||||||
10 | expertise in trauma-responsive school practices and | ||||||
11 | experience in supporting schools in developing | ||||||
12 | trauma-responsive and restorative practices. | ||||||
13 | (6) One member of another organization that has | ||||||
14 | specific expertise in trauma-responsive school practices | ||||||
15 | and experience in supporting schools in developing | ||||||
16 | trauma-responsive and restorative practices. | ||||||
17 | (7) One member of a statewide organization that | ||||||
18 | represents school administrators. | ||||||
19 | (8) One member of a statewide policy organization that | ||||||
20 | works to build a healthy public education system that | ||||||
21 | prepares all students for a successful college, career, | ||||||
22 | and civic life. | ||||||
23 | (9) One member of a statewide organization that brings | ||||||
24 | teachers together to identify and address issues critical | ||||||
25 | to student success. | ||||||
26 | (10) One member of the General Assembly recommended by |
| |||||||
| |||||||
1 | the President of the Senate. | ||||||
2 | (11) One member of the General Assembly recommended by | ||||||
3 | the Speaker of the House of Representatives. | ||||||
4 | (12) One member of the General Assembly recommended by | ||||||
5 | the Minority Leader of the Senate. | ||||||
6 | (13) One member of the General Assembly recommended by | ||||||
7 | the Minority Leader of the House of Representatives. | ||||||
8 | (14) One member of a civil rights organization that | ||||||
9 | works actively on issues regarding student support. | ||||||
10 | (15) One administrator from a school district that has | ||||||
11 | actively worked to develop a system of student support | ||||||
12 | that uses a trauma-informed lens. | ||||||
13 | (16) One educator from a school district that has | ||||||
14 | actively worked to develop a system of student support | ||||||
15 | that uses a trauma-informed lens. | ||||||
16 | (17) One member of a youth-led organization. | ||||||
17 | (18) One member of an organization that has | ||||||
18 | demonstrated expertise in restorative practices. | ||||||
19 | (19) One member of a coalition of mental health and | ||||||
20 | school practitioners who assist schools in developing and | ||||||
21 | implementing trauma-informed and restorative strategies | ||||||
22 | and systems. | ||||||
23 | (20) One member of an organization whose mission is to | ||||||
24 | promote the safety, health, and economic success of | ||||||
25 | children, youth, and families in this State. | ||||||
26 | (21) One member who works or has worked as a |
| |||||||
| |||||||
1 | restorative justice coach or disciplinarian. | ||||||
2 | (22) One member who works or has worked as a social | ||||||
3 | worker. | ||||||
4 | (23) One member of the State Board of Education. | ||||||
5 | (24) One member who represents a statewide principals' | ||||||
6 | organization. | ||||||
7 | (25) One member who represents a statewide | ||||||
8 | organization of school boards. | ||||||
9 | (26) One member who has expertise in pre-kindergarten | ||||||
10 | education. | ||||||
11 | (27) One member who represents a school social worker | ||||||
12 | association. | ||||||
13 | (28) One member who represents an organization that | ||||||
14 | represents school districts in the south suburbs of the | ||||||
15 | City of Chicago. | ||||||
16 | (29) One member who is a licensed clinical | ||||||
17 | psychologist who (i) has a doctor of philosophy in the | ||||||
18 | field of clinical psychology and has an appointment at an | ||||||
19 | independent free-standing children's hospital located in | ||||||
20 | the City of Chicago, (ii) serves as an associate professor | ||||||
21 | at a medical school located in the City of Chicago, and | ||||||
22 | (iii) serves as the clinical director of a coalition of | ||||||
23 | voluntary collaboration of organizations that are | ||||||
24 | committed to applying a trauma lens to the member's | ||||||
25 | efforts on behalf of families and children in the State. | ||||||
26 | (30) One member who represents a school district in |
| |||||||
| |||||||
1 | the west suburbs of the City of Chicago. | ||||||
2 | (31) One member from a governmental agency who has | ||||||
3 | expertise in child development and who is responsible for | ||||||
4 | coordinating early childhood mental health programs and | ||||||
5 | services. | ||||||
6 | (32) One member who has significant expertise in early | ||||||
7 | childhood mental health and childhood trauma. | ||||||
8 | (33) One member who represents an organization that | ||||||
9 | represents school districts in the collar counties around | ||||||
10 | the City of Chicago. | ||||||
11 | (34) One member who represents an organization | ||||||
12 | representing regional offices of education. | ||||||
13 | (d) The Whole Child Task Force shall meet at the call of | ||||||
14 | the State Superintendent of Education or his or her designee, | ||||||
15 | who shall serve as the chairperson. The State Board of | ||||||
16 | Education shall provide administrative and other support to | ||||||
17 | the task force. Members of the task force shall serve without | ||||||
18 | compensation. | ||||||
19 | (e) The Whole Child Task Force shall reconvene by March | ||||||
20 | 2027 to review progress on the recommendations in the March | ||||||
21 | 2022 report submitted pursuant to Public Act 101-654 and shall | ||||||
22 | submit a new report on its assessment of the State's progress | ||||||
23 | and any additional recommendations to the General Assembly, | ||||||
24 | the Illinois Legislative Black Caucus, the State Board of | ||||||
25 | Education, and the Governor on or before December 31, 2027. | ||||||
26 | (f) This Section is repealed on February 1, 2029. |
| |||||||
| |||||||
1 | (Source: P.A. 103-413, eff. 1-1-24; revised 9-25-23.)
| ||||||
2 | (105 ILCS 5/22-98) | ||||||
3 | Sec. 22-98 22-95 . Retirement and deferred compensation | ||||||
4 | plans. | ||||||
5 | (a) This Section applies only to school districts, other | ||||||
6 | than a school district organized under Article 34, with a | ||||||
7 | full-time licensed teacher population of 575 or more teachers | ||||||
8 | that maintain a 457 plan. Every applicable school district | ||||||
9 | shall make available to participants more than one financial | ||||||
10 | institution or investment provider to provide services to the | ||||||
11 | school district's 457 plan. | ||||||
12 | (b) A financial institution or investment provider, by | ||||||
13 | entering into a written agreement, may offer or provide | ||||||
14 | services to a plan offered, established, or maintained by a | ||||||
15 | school district under Section 457 of the Internal Revenue Code | ||||||
16 | of 1986 if the written agreement is not combined with any other | ||||||
17 | written agreement for the administration of the school | ||||||
18 | district's 457 plan. | ||||||
19 | Each school district that offers a 457 plan shall make | ||||||
20 | available to participants, in the manner provided in | ||||||
21 | subsection (d), more than one financial institution or | ||||||
22 | investment provider that has not entered into a written | ||||||
23 | agreement to provide administration services and that provides | ||||||
24 | services to a 457 plan offered to school districts. | ||||||
25 | (c) A financial institution or investment provider |
| |||||||
| |||||||
1 | providing services for any plan offered, established, or | ||||||
2 | maintained by a school district under Section 457 of the | ||||||
3 | Internal Revenue Code of 1986 shall: | ||||||
4 | (1) enter into an agreement with the school district | ||||||
5 | or the school district's independent compliance | ||||||
6 | administrator that requires the financial institution or | ||||||
7 | investment provider to provide, in an electronic format, | ||||||
8 | all data necessary for the administration of the 457 plan, | ||||||
9 | as determined by the school district or the school | ||||||
10 | district's compliance administrator; | ||||||
11 | (2) provide all data required by the school district | ||||||
12 | or the school district's compliance administrator to | ||||||
13 | facilitate disclosure of all fees, charges, expenses, | ||||||
14 | commissions, compensation, and payments to third parties | ||||||
15 | related to investments offered under the 457 plan; and | ||||||
16 | (3) cover all plan administration costs agreed to by | ||||||
17 | the school district relating to the administration of the | ||||||
18 | 457 plan. | ||||||
19 | (d) A school district that offers, establishes, or | ||||||
20 | maintains a plan under Section 457 of the Internal Revenue | ||||||
21 | Code of 1986, except for a plan established under Section | ||||||
22 | 16-204 of the Illinois Pension Code, shall select more than | ||||||
23 | one financial institution or investment provider, in addition | ||||||
24 | to the financial institution or investment provider that has | ||||||
25 | entered into a written agreement under subsection (b), to | ||||||
26 | provide services to the 457 plan. A financial institution or |
| |||||||
| |||||||
1 | investment provider shall be designated a 457 plan provider if | ||||||
2 | the financial institution or investment provider enters into | ||||||
3 | an agreement in accordance with subsection (c). | ||||||
4 | (e) A school district shall have one year after the | ||||||
5 | effective date of this amendatory Act of the 103rd General | ||||||
6 | Assembly to find a 457 plan provider under this Section. | ||||||
7 | (f) Nothing in this Section shall apply to or impact the | ||||||
8 | optional defined contribution benefit established by the | ||||||
9 | Teachers' Retirement System of the State of Illinois under | ||||||
10 | Section 16-204 of the Illinois Pension Code. Notwithstanding | ||||||
11 | the foregoing, the Teachers' Retirement System may elect to | ||||||
12 | share plan data for the 457 plan established pursuant to | ||||||
13 | Section 16-204 of the Illinois Pension Code with the school | ||||||
14 | district, upon request by the school district, in order to | ||||||
15 | facilitate school districts' compliance with this Section and | ||||||
16 | Section 457 of the Internal Revenue Code of 1986. If a school | ||||||
17 | district requests that the Teachers' Retirement System share | ||||||
18 | plan information for the 457 plan established pursuant to | ||||||
19 | Section 16-204 of the Illinois Pension Code, the Teachers' | ||||||
20 | Retirement System may assess a fee on the applicable school | ||||||
21 | district. | ||||||
22 | (Source: P.A. 103-481, eff. 1-1-24; revised 9-25-23.)
| ||||||
23 | (105 ILCS 5/22-99) | ||||||
24 | (Section scheduled to be repealed on December 31, 2031) | ||||||
25 | Sec. 22-99 22-95 . Rural Education Advisory Council. |
| |||||||
| |||||||
1 | (a) The Rural Education Advisory Council is created as a | ||||||
2 | statewide advisory council to exchange thoughtful dialogue | ||||||
3 | concerning the needs, challenges, and opportunities of rural | ||||||
4 | school schools districts and to provide policy recommendations | ||||||
5 | to the State. The Council shall perform all of the following | ||||||
6 | functions: | ||||||
7 | (1) Convey and impart the perspective of rural | ||||||
8 | communities and provide context during policy discussions | ||||||
9 | on various statewide issues with the State Superintendent | ||||||
10 | of Education. | ||||||
11 | (2) Present to the State Superintendent of Education | ||||||
12 | the opportunity to speak directly with representatives of | ||||||
13 | rural communities on various policy and legal issues, to | ||||||
14 | present feedback on critical issues facing rural | ||||||
15 | communities, to generate ideas, and to communicate | ||||||
16 | information to the State Superintendent. | ||||||
17 | (3) Provide feedback about this State's | ||||||
18 | pre-kindergarten through grade 12 practices and policies | ||||||
19 | so that the application of policies in rural areas may be | ||||||
20 | more fully understood. | ||||||
21 | (b) The Council shall consist of all of the following | ||||||
22 | members: | ||||||
23 | (1) The State Superintendent of Education or his or | ||||||
24 | her designee. | ||||||
25 | (2) One representative of an association representing | ||||||
26 | rural and small schools, appointed by the State |
| |||||||
| |||||||
1 | Superintendent of Education. | ||||||
2 | (3) Five superintendents of rural school districts who | ||||||
3 | represent 3 super-regions of this State and who are | ||||||
4 | recommended by an association representing rural and small | ||||||
5 | schools, appointed by the State Superintendent of | ||||||
6 | Education. | ||||||
7 | (4) One principal from a rural school district | ||||||
8 | recommended by a statewide organization representing | ||||||
9 | school principals, appointed by the State Superintendent | ||||||
10 | of Education. | ||||||
11 | (5) One representative from a rural school district | ||||||
12 | recommended by a statewide organization representing | ||||||
13 | school boards, appointed by the State Superintendent of | ||||||
14 | Education. | ||||||
15 | (6) One representative of a statewide organization | ||||||
16 | representing district superintendents, appointed by the | ||||||
17 | State Superintendent of Education. | ||||||
18 | (7) One representative of a statewide organization | ||||||
19 | representing regional superintendents of schools, | ||||||
20 | appointed by the State Superintendent of Education. | ||||||
21 | (8) One student who is at least 15 years old, who is a | ||||||
22 | member of the State Board of Education's Student Advisory | ||||||
23 | Council, and who is from a rural school district, | ||||||
24 | appointed by the State Superintendent of Education. | ||||||
25 | Council members must reflect, as much as possible, the | ||||||
26 | racial and ethnic diversity of this State. |
| |||||||
| |||||||
1 | Council members shall serve without compensation but shall | ||||||
2 | be reimbursed for their reasonable and necessary expenses from | ||||||
3 | funds appropriated to the State Board of Education for that | ||||||
4 | purpose, subject to the rules of the appropriate travel | ||||||
5 | control board. | ||||||
6 | (c) The Council shall meet initially at the call of the | ||||||
7 | State Superintendent of Education, shall select one member as | ||||||
8 | chairperson at its initial meeting, and shall thereafter meet | ||||||
9 | at the call of the chairperson. | ||||||
10 | (d) The State Board of Education shall provide | ||||||
11 | administrative and other support to the Council as needed. | ||||||
12 | (e) The Council is dissolved and this Section is repealed | ||||||
13 | on December 31, 2031. | ||||||
14 | (Source: P.A. 103-497, eff. 1-1-24; revised 1-30-24.)
| ||||||
15 | (105 ILCS 5/24-2) | ||||||
16 | Sec. 24-2. Holidays. | ||||||
17 | (a) Teachers shall not be required to teach on Saturdays, | ||||||
18 | nor, except as provided in subsection (b) of this Section, | ||||||
19 | shall teachers, educational support personnel employees, or | ||||||
20 | other school employees, other than noncertificated school | ||||||
21 | employees whose presence is necessary because of an emergency | ||||||
22 | or for the continued operation and maintenance of school | ||||||
23 | facilities or property, be required to work on legal school | ||||||
24 | holidays, which are January 1, New Year's Day; the third | ||||||
25 | Monday in January, the Birthday of Dr. Martin Luther King, |
| |||||||
| |||||||
1 | Jr.; February 12, the Birthday of President Abraham Lincoln; | ||||||
2 | the first Monday in March (to be known as Casimir Pulaski's | ||||||
3 | birthday); Good Friday; the day designated as Memorial Day by | ||||||
4 | federal law; June 19, Juneteenth National Freedom Day; July 4, | ||||||
5 | Independence Day; the first Monday in September, Labor Day; | ||||||
6 | the second Monday in October, Columbus Day; November 11, | ||||||
7 | Veterans' Day; the Thursday in November commonly called | ||||||
8 | Thanksgiving Day; and December 25, Christmas Day. School | ||||||
9 | boards may grant special holidays whenever in their judgment | ||||||
10 | such action is advisable. No deduction shall be made from the | ||||||
11 | time or compensation of a school employee, including an | ||||||
12 | educational support personnel employee, on account of any | ||||||
13 | legal or special holiday in which that employee would have | ||||||
14 | otherwise been scheduled to work but for the legal or special | ||||||
15 | holiday. | ||||||
16 | (b) A school board or other entity eligible to apply for | ||||||
17 | waivers and modifications under Section 2-3.25g of this Code | ||||||
18 | is authorized to hold school or schedule teachers' institutes, | ||||||
19 | parent-teacher conferences, or staff development on the third | ||||||
20 | Monday in January (the Birthday of Dr. Martin Luther King, | ||||||
21 | Jr.); February 12 (the Birthday of President Abraham Lincoln); | ||||||
22 | the first Monday in March (known as Casimir Pulaski's | ||||||
23 | birthday); the second Monday in October (Columbus Day); and | ||||||
24 | November 11 (Veterans' Day), provided that: | ||||||
25 | (1) the person or persons honored by the holiday are | ||||||
26 | recognized through instructional activities conducted on |
| |||||||
| |||||||
1 | that day or, if the day is not used for student attendance, | ||||||
2 | on the first school day preceding or following that day; | ||||||
3 | and | ||||||
4 | (2) the entity that chooses to exercise this authority | ||||||
5 | first holds a public hearing about the proposal. The | ||||||
6 | entity shall provide notice preceding the public hearing | ||||||
7 | to both educators and parents. The notice shall set forth | ||||||
8 | the time, date, and place of the hearing, describe the | ||||||
9 | proposal, and indicate that the entity will take testimony | ||||||
10 | from educators and parents about the proposal. | ||||||
11 | (c) Commemorative holidays, which recognize specified | ||||||
12 | patriotic, civic, cultural or historical persons, activities, | ||||||
13 | or events, are regular school days. Commemorative holidays | ||||||
14 | are: January 17 (the birthday of Muhammad Ali), January 28 (to | ||||||
15 | be known as Christa McAuliffe Day and observed as a | ||||||
16 | commemoration of space exploration), February 15 (the birthday | ||||||
17 | of Susan B. Anthony), March 29 (Viet Nam War Veterans' Day), | ||||||
18 | September 11 (September 11th Day of Remembrance), September 17 | ||||||
19 | (Constitution Day), the school day immediately preceding | ||||||
20 | Veterans' Day (Korean War Veterans' Day), October 1 (Recycling | ||||||
21 | Day), October 7 (Iraq and Afghanistan Veterans Remembrance | ||||||
22 | Day), December 7 (Pearl Harbor Veterans' Day), and any day so | ||||||
23 | appointed by the President or Governor. School boards may | ||||||
24 | establish commemorative holidays whenever in their judgment | ||||||
25 | such action is advisable. School boards shall include | ||||||
26 | instruction relative to commemorated persons, activities, or |
| |||||||
| |||||||
1 | events on the commemorative holiday or at any other time | ||||||
2 | during the school year and at any point in the curriculum when | ||||||
3 | such instruction may be deemed appropriate. The State Board of | ||||||
4 | Education shall prepare and make available to school boards | ||||||
5 | instructional materials relative to commemorated persons, | ||||||
6 | activities, or events which may be used by school boards in | ||||||
7 | conjunction with any instruction provided pursuant to this | ||||||
8 | paragraph. | ||||||
9 | (d) City of Chicago School District 299 shall observe | ||||||
10 | March 4 of each year as a commemorative holiday. This holiday | ||||||
11 | shall be known as Mayors' Day which shall be a day to | ||||||
12 | commemorate and be reminded of the past Chief Executive | ||||||
13 | Officers of the City of Chicago, and in particular the late | ||||||
14 | Mayor Richard J. Daley and the late Mayor Harold Washington. | ||||||
15 | If March 4 falls on a Saturday or Sunday, Mayors' Day shall be | ||||||
16 | observed on the following Monday. | ||||||
17 | (e) Notwithstanding any other provision of State law to | ||||||
18 | the contrary, November 3, 2020 shall be a State holiday known | ||||||
19 | as 2020 General Election Day and shall be observed throughout | ||||||
20 | the State pursuant to Public Act 101-642 this amendatory Act | ||||||
21 | of the 101st General Assembly . All government offices, with | ||||||
22 | the exception of election authorities, shall be closed unless | ||||||
23 | authorized to be used as a location for election day services | ||||||
24 | or as a polling place. | ||||||
25 | Notwithstanding any other provision of State law to the | ||||||
26 | contrary, November 8, 2022 shall be a State holiday known as |
| |||||||
| |||||||
1 | 2022 General Election Day and shall be observed throughout the | ||||||
2 | State under Public Act 102-15. | ||||||
3 | Notwithstanding any other provision of State law to the | ||||||
4 | contrary, November 5, 2024 shall be a State holiday known as | ||||||
5 | 2024 General Election Day and shall be observed throughout | ||||||
6 | this State pursuant to Public Act 103-467 this amendatory Act | ||||||
7 | of the 103rd General Assembly . | ||||||
8 | (Source: P.A. 102-14, eff. 1-1-22; 102-15, eff. 6-17-21; | ||||||
9 | 102-334, eff. 8-9-21; 102-411, eff. 1-1-22; 102-813, eff. | ||||||
10 | 5-13-22; 103-15, eff. 7-1-23; 103-395, eff. 1-1-24; 103-467, | ||||||
11 | eff. 8-4-23; revised 9-1-23.)
| ||||||
12 | (105 ILCS 5/24-12) | ||||||
13 | Sec. 24-12. Removal or dismissal of teachers in | ||||||
14 | contractual continued service. | ||||||
15 | (a) This subsection (a) applies only to honorable | ||||||
16 | dismissals and recalls in which the notice of dismissal is | ||||||
17 | provided on or before the end of the 2010-2011 school term. If | ||||||
18 | a teacher in contractual continued service is removed or | ||||||
19 | dismissed as a result of a decision of the board to decrease | ||||||
20 | the number of teachers employed by the board or to discontinue | ||||||
21 | some particular type of teaching service, written notice shall | ||||||
22 | be mailed to the teacher and also given the teacher either by | ||||||
23 | certified mail, return receipt requested or personal delivery | ||||||
24 | with receipt at least 60 days before the end of the school | ||||||
25 | term, together with a statement of honorable dismissal and the |
| |||||||
| |||||||
1 | reason therefor, and in all such cases the board shall first | ||||||
2 | remove or dismiss all teachers who have not entered upon | ||||||
3 | contractual continued service before removing or dismissing | ||||||
4 | any teacher who has entered upon contractual continued service | ||||||
5 | and who is legally qualified to hold a position currently held | ||||||
6 | by a teacher who has not entered upon contractual continued | ||||||
7 | service. | ||||||
8 | As between teachers who have entered upon contractual | ||||||
9 | continued service, the teacher or teachers with the shorter | ||||||
10 | length of continuing service with the district shall be | ||||||
11 | dismissed first unless an alternative method of determining | ||||||
12 | the sequence of dismissal is established in a collective | ||||||
13 | bargaining agreement or contract between the board and a | ||||||
14 | professional faculty members' organization and except that | ||||||
15 | this provision shall not impair the operation of any | ||||||
16 | affirmative action program in the district, regardless of | ||||||
17 | whether it exists by operation of law or is conducted on a | ||||||
18 | voluntary basis by the board. Any teacher dismissed as a | ||||||
19 | result of such decrease or discontinuance shall be paid all | ||||||
20 | earned compensation on or before the third business day | ||||||
21 | following the last day of pupil attendance in the regular | ||||||
22 | school term. | ||||||
23 | If the board has any vacancies for the following school | ||||||
24 | term or within one calendar year from the beginning of the | ||||||
25 | following school term, the positions thereby becoming | ||||||
26 | available shall be tendered to the teachers so removed or |
| |||||||
| |||||||
1 | dismissed so far as they are legally qualified to hold such | ||||||
2 | positions; provided, however, that if the number of honorable | ||||||
3 | dismissal notices based on economic necessity exceeds 15% of | ||||||
4 | the number of full-time equivalent positions filled by | ||||||
5 | certified employees (excluding principals and administrative | ||||||
6 | personnel) during the preceding school year, then if the board | ||||||
7 | has any vacancies for the following school term or within 2 | ||||||
8 | calendar years from the beginning of the following school | ||||||
9 | term, the positions so becoming available shall be tendered to | ||||||
10 | the teachers who were so notified and removed or dismissed | ||||||
11 | whenever they are legally qualified to hold such positions. | ||||||
12 | Each board shall, in consultation with any exclusive employee | ||||||
13 | representatives, each year establish a list, categorized by | ||||||
14 | positions, showing the length of continuing service of each | ||||||
15 | teacher who is qualified to hold any such positions, unless an | ||||||
16 | alternative method of determining a sequence of dismissal is | ||||||
17 | established as provided for in this Section, in which case a | ||||||
18 | list shall be made in accordance with the alternative method. | ||||||
19 | Copies of the list shall be distributed to the exclusive | ||||||
20 | employee representative on or before February 1 of each year. | ||||||
21 | Whenever the number of honorable dismissal notices based upon | ||||||
22 | economic necessity exceeds 5, or 150% of the average number of | ||||||
23 | teachers honorably dismissed in the preceding 3 years, | ||||||
24 | whichever is more, then the board also shall hold a public | ||||||
25 | hearing on the question of the dismissals. Following the | ||||||
26 | hearing and board review, the action to approve any such |
| |||||||
| |||||||
1 | reduction shall require a majority vote of the board members. | ||||||
2 | (b) If any teacher, whether or not in contractual | ||||||
3 | continued service, is removed or dismissed as a result of a | ||||||
4 | decision of a school board to decrease the number of teachers | ||||||
5 | employed by the board, a decision of a school board to | ||||||
6 | discontinue some particular type of teaching service, or a | ||||||
7 | reduction in the number of programs or positions in a special | ||||||
8 | education joint agreement, then written notice must be mailed | ||||||
9 | to the teacher and also given to the teacher either by | ||||||
10 | electronic mail, certified mail, return receipt requested, or | ||||||
11 | personal delivery with receipt on or before April 15, together | ||||||
12 | with a statement of honorable dismissal and the reason | ||||||
13 | therefor, and in all such cases the sequence of dismissal | ||||||
14 | shall occur in accordance with this subsection (b); except | ||||||
15 | that this subsection (b) shall not impair the operation of any | ||||||
16 | affirmative action program in the school district, regardless | ||||||
17 | of whether it exists by operation of law or is conducted on a | ||||||
18 | voluntary basis by the board. | ||||||
19 | Each teacher must be categorized into one or more | ||||||
20 | positions for which the teacher is qualified to hold, based | ||||||
21 | upon legal qualifications and any other qualifications | ||||||
22 | established in a district or joint agreement job description, | ||||||
23 | on or before the May 10 prior to the school year during which | ||||||
24 | the sequence of dismissal is determined. Within each position | ||||||
25 | and subject to agreements made by the joint committee on | ||||||
26 | honorable dismissals that are authorized by subsection (c) of |
| |||||||
| |||||||
1 | this Section, the school district or joint agreement must | ||||||
2 | establish 4 groupings of teachers qualified to hold the | ||||||
3 | position as follows: | ||||||
4 | (1) Grouping one shall consist of each teacher who is | ||||||
5 | not in contractual continued service and who (i) has not | ||||||
6 | received a performance evaluation rating, (ii) is employed | ||||||
7 | for one school term or less to replace a teacher on leave, | ||||||
8 | or (iii) is employed on a part-time basis. "Part-time | ||||||
9 | basis" for the purposes of this subsection (b) means a | ||||||
10 | teacher who is employed to teach less than a full-day, | ||||||
11 | teacher workload or less than 5 days of the normal student | ||||||
12 | attendance week, unless otherwise provided for in a | ||||||
13 | collective bargaining agreement between the district and | ||||||
14 | the exclusive representative of the district's teachers. | ||||||
15 | For the purposes of this Section, a teacher (A) who is | ||||||
16 | employed as a full-time teacher but who actually teaches | ||||||
17 | or is otherwise present and participating in the | ||||||
18 | district's educational program for less than a school term | ||||||
19 | or (B) who, in the immediately previous school term, was | ||||||
20 | employed on a full-time basis and actually taught or was | ||||||
21 | otherwise present and participated in the district's | ||||||
22 | educational program for 120 days or more is not considered | ||||||
23 | employed on a part-time basis. | ||||||
24 | (2) Grouping 2 shall consist of each teacher with a | ||||||
25 | Needs Improvement or Unsatisfactory performance evaluation | ||||||
26 | rating on either of the teacher's last 2 performance |
| |||||||
| |||||||
1 | evaluation ratings. | ||||||
2 | (3) Grouping 3 shall consist of each teacher with a | ||||||
3 | performance evaluation rating of at least Satisfactory or | ||||||
4 | Proficient on both of the teacher's last 2 performance | ||||||
5 | evaluation ratings, if 2 ratings are available, or on the | ||||||
6 | teacher's last performance evaluation rating, if only one | ||||||
7 | rating is available, unless the teacher qualifies for | ||||||
8 | placement into grouping 4. | ||||||
9 | (4) Grouping 4 shall consist of each teacher whose | ||||||
10 | last 2 performance evaluation ratings are Excellent and | ||||||
11 | each teacher with 2 Excellent performance evaluation | ||||||
12 | ratings out of the teacher's last 3 performance evaluation | ||||||
13 | ratings with a third rating of Satisfactory or Proficient. | ||||||
14 | Among teachers qualified to hold a position, teachers must | ||||||
15 | be dismissed in the order of their groupings, with teachers in | ||||||
16 | grouping one dismissed first and teachers in grouping 4 | ||||||
17 | dismissed last. | ||||||
18 | Within grouping one, the sequence of dismissal must be at | ||||||
19 | the discretion of the school district or joint agreement. | ||||||
20 | Within grouping 2, the sequence of dismissal must be based | ||||||
21 | upon average performance evaluation ratings, with the teacher | ||||||
22 | or teachers with the lowest average performance evaluation | ||||||
23 | rating dismissed first. A teacher's average performance | ||||||
24 | evaluation rating must be calculated using the average of the | ||||||
25 | teacher's last 2 performance evaluation ratings, if 2 ratings | ||||||
26 | are available, or the teacher's last performance evaluation |
| |||||||
| |||||||
1 | rating, if only one rating is available, using the following | ||||||
2 | numerical values: 4 for Excellent; 3 for Proficient or | ||||||
3 | Satisfactory; 2 for Needs Improvement; and 1 for | ||||||
4 | Unsatisfactory. As between or among teachers in grouping 2 | ||||||
5 | with the same average performance evaluation rating and within | ||||||
6 | each of groupings 3 and 4, the teacher or teachers with the | ||||||
7 | shorter length of continuing service with the school district | ||||||
8 | or joint agreement must be dismissed first unless an | ||||||
9 | alternative method of determining the sequence of dismissal is | ||||||
10 | established in a collective bargaining agreement or contract | ||||||
11 | between the board and a professional faculty members' | ||||||
12 | organization. | ||||||
13 | Each board, including the governing board of a joint | ||||||
14 | agreement, shall, in consultation with any exclusive employee | ||||||
15 | representatives, each year establish a sequence of honorable | ||||||
16 | dismissal list categorized by positions and the groupings | ||||||
17 | defined in this subsection (b). Copies of the list showing | ||||||
18 | each teacher by name, along with the race or ethnicity of the | ||||||
19 | teacher if provided by the teacher, and categorized by | ||||||
20 | positions and the groupings defined in this subsection (b) | ||||||
21 | must be distributed to the exclusive bargaining representative | ||||||
22 | at least 75 days before the end of the school term, provided | ||||||
23 | that the school district or joint agreement may, with notice | ||||||
24 | to any exclusive employee representatives, move teachers from | ||||||
25 | grouping one into another grouping during the period of time | ||||||
26 | from 75 days until April 15. Each year, each board shall also |
| |||||||
| |||||||
1 | establish, in consultation with any exclusive employee | ||||||
2 | representatives, a list showing the length of continuing | ||||||
3 | service of each teacher who is qualified to hold any such | ||||||
4 | positions, unless an alternative method of determining a | ||||||
5 | sequence of dismissal is established as provided for in this | ||||||
6 | Section, in which case a list must be made in accordance with | ||||||
7 | the alternative method. Copies of the list must be distributed | ||||||
8 | to the exclusive employee representative at least 75 days | ||||||
9 | before the end of the school term. | ||||||
10 | Any teacher dismissed as a result of such decrease or | ||||||
11 | discontinuance must be paid all earned compensation on or | ||||||
12 | before the third business day following the last day of pupil | ||||||
13 | attendance in the regular school term. | ||||||
14 | If the board or joint agreement has any vacancies for the | ||||||
15 | following school term or within one calendar year from the | ||||||
16 | beginning of the following school term, the positions thereby | ||||||
17 | becoming available must be tendered to the teachers so removed | ||||||
18 | or dismissed who were in grouping 3 or 4 of the sequence of | ||||||
19 | dismissal and are qualified to hold the positions, based upon | ||||||
20 | legal qualifications and any other qualifications established | ||||||
21 | in a district or joint agreement job description, on or before | ||||||
22 | the May 10 prior to the date of the positions becoming | ||||||
23 | available, provided that if the number of honorable dismissal | ||||||
24 | notices based on economic necessity exceeds 15% of the number | ||||||
25 | of full-time equivalent positions filled by certified | ||||||
26 | employees (excluding principals and administrative personnel) |
| |||||||
| |||||||
1 | during the preceding school year, then the recall period is | ||||||
2 | for the following school term or within 2 calendar years from | ||||||
3 | the beginning of the following school term. If the board or | ||||||
4 | joint agreement has any vacancies within the period from the | ||||||
5 | beginning of the following school term through February 1 of | ||||||
6 | the following school term (unless a date later than February | ||||||
7 | 1, but no later than 6 months from the beginning of the | ||||||
8 | following school term, is established in a collective | ||||||
9 | bargaining agreement), the positions thereby becoming | ||||||
10 | available must be tendered to the teachers so removed or | ||||||
11 | dismissed who were in grouping 2 of the sequence of dismissal | ||||||
12 | due to one "needs improvement" rating on either of the | ||||||
13 | teacher's last 2 performance evaluation ratings, provided | ||||||
14 | that, if 2 ratings are available, the other performance | ||||||
15 | evaluation rating used for grouping purposes is | ||||||
16 | "satisfactory", "proficient", or "excellent", and are | ||||||
17 | qualified to hold the positions, based upon legal | ||||||
18 | qualifications and any other qualifications established in a | ||||||
19 | district or joint agreement job description, on or before the | ||||||
20 | May 10 prior to the date of the positions becoming available. | ||||||
21 | On and after July 1, 2014 (the effective date of Public Act | ||||||
22 | 98-648), the preceding sentence shall apply to teachers | ||||||
23 | removed or dismissed by honorable dismissal, even if notice of | ||||||
24 | honorable dismissal occurred during the 2013-2014 school year. | ||||||
25 | Among teachers eligible for recall pursuant to the preceding | ||||||
26 | sentence, the order of recall must be in inverse order of |
| |||||||
| |||||||
1 | dismissal, unless an alternative order of recall is | ||||||
2 | established in a collective bargaining agreement or contract | ||||||
3 | between the board and a professional faculty members' | ||||||
4 | organization. Whenever the number of honorable dismissal | ||||||
5 | notices based upon economic necessity exceeds 5 notices or | ||||||
6 | 150% of the average number of teachers honorably dismissed in | ||||||
7 | the preceding 3 years, whichever is more, then the school | ||||||
8 | board or governing board of a joint agreement, as applicable, | ||||||
9 | shall also hold a public hearing on the question of the | ||||||
10 | dismissals. Following the hearing and board review, the action | ||||||
11 | to approve any such reduction shall require a majority vote of | ||||||
12 | the board members. | ||||||
13 | For purposes of this subsection (b), subject to agreement | ||||||
14 | on an alternative definition reached by the joint committee | ||||||
15 | described in subsection (c) of this Section, a teacher's | ||||||
16 | performance evaluation rating means the overall performance | ||||||
17 | evaluation rating resulting from an annual or biennial | ||||||
18 | performance evaluation conducted pursuant to Article 24A of | ||||||
19 | this Code by the school district or joint agreement | ||||||
20 | determining the sequence of dismissal, not including any | ||||||
21 | performance evaluation conducted during or at the end of a | ||||||
22 | remediation period. No more than one evaluation rating each | ||||||
23 | school term shall be one of the evaluation ratings used for the | ||||||
24 | purpose of determining the sequence of dismissal. Except as | ||||||
25 | otherwise provided in this subsection for any performance | ||||||
26 | evaluations conducted during or at the end of a remediation |
| |||||||
| |||||||
1 | period, if multiple performance evaluations are conducted in a | ||||||
2 | school term, only the rating from the last evaluation | ||||||
3 | conducted prior to establishing the sequence of honorable | ||||||
4 | dismissal list in such school term shall be the one evaluation | ||||||
5 | rating from that school term used for the purpose of | ||||||
6 | determining the sequence of dismissal. Averaging ratings from | ||||||
7 | multiple evaluations is not permitted unless otherwise agreed | ||||||
8 | to in a collective bargaining agreement or contract between | ||||||
9 | the board and a professional faculty members' organization. | ||||||
10 | The preceding 3 sentences are not a legislative declaration | ||||||
11 | that existing law does or does not already require that only | ||||||
12 | one performance evaluation each school term shall be used for | ||||||
13 | the purpose of determining the sequence of dismissal. For | ||||||
14 | performance evaluation ratings determined prior to September | ||||||
15 | 1, 2012, any school district or joint agreement with a | ||||||
16 | performance evaluation rating system that does not use either | ||||||
17 | of the rating category systems specified in subsection (d) of | ||||||
18 | Section 24A-5 of this Code for all teachers must establish a | ||||||
19 | basis for assigning each teacher a rating that complies with | ||||||
20 | subsection (d) of Section 24A-5 of this Code for all of the | ||||||
21 | performance evaluation ratings that are to be used to | ||||||
22 | determine the sequence of dismissal. A teacher's grouping and | ||||||
23 | ranking on a sequence of honorable dismissal shall be deemed a | ||||||
24 | part of the teacher's performance evaluation, and that | ||||||
25 | information shall be disclosed to the exclusive bargaining | ||||||
26 | representative as part of a sequence of honorable dismissal |
| |||||||
| |||||||
1 | list, notwithstanding any laws prohibiting disclosure of such | ||||||
2 | information. A performance evaluation rating may be used to | ||||||
3 | determine the sequence of dismissal, notwithstanding the | ||||||
4 | pendency of any grievance resolution or arbitration procedures | ||||||
5 | relating to the performance evaluation. If a teacher has | ||||||
6 | received at least one performance evaluation rating conducted | ||||||
7 | by the school district or joint agreement determining the | ||||||
8 | sequence of dismissal and a subsequent performance evaluation | ||||||
9 | is not conducted in any school year in which such evaluation is | ||||||
10 | required to be conducted under Section 24A-5 of this Code, the | ||||||
11 | teacher's performance evaluation rating for that school year | ||||||
12 | for purposes of determining the sequence of dismissal is | ||||||
13 | deemed Proficient, except that, during any time in which the | ||||||
14 | Governor has declared a disaster due to a public health | ||||||
15 | emergency pursuant to Section 7 of the Illinois Emergency | ||||||
16 | Management Agency Act, this default to Proficient does not | ||||||
17 | apply to any teacher who has entered into contractual | ||||||
18 | continued service and who was deemed Excellent on his or her | ||||||
19 | most recent evaluation. During any time in which the Governor | ||||||
20 | has declared a disaster due to a public health emergency | ||||||
21 | pursuant to Section 7 of the Illinois Emergency Management | ||||||
22 | Agency Act and unless the school board and any exclusive | ||||||
23 | bargaining representative have completed the performance | ||||||
24 | rating for teachers or have mutually agreed to an alternate | ||||||
25 | performance rating, any teacher who has entered into | ||||||
26 | contractual continued service, whose most recent evaluation |
| |||||||
| |||||||
1 | was deemed Excellent, and whose performance evaluation is not | ||||||
2 | conducted when the evaluation is required to be conducted | ||||||
3 | shall receive a teacher's performance rating deemed Excellent. | ||||||
4 | A school board and any exclusive bargaining representative may | ||||||
5 | mutually agree to an alternate performance rating for teachers | ||||||
6 | not in contractual continued service during any time in which | ||||||
7 | the Governor has declared a disaster due to a public health | ||||||
8 | emergency pursuant to Section 7 of the Illinois Emergency | ||||||
9 | Management Agency Act, as long as the agreement is in writing. | ||||||
10 | If a performance evaluation rating is nullified as the result | ||||||
11 | of an arbitration, administrative agency, or court | ||||||
12 | determination, then the school district or joint agreement is | ||||||
13 | deemed to have conducted a performance evaluation for that | ||||||
14 | school year, but the performance evaluation rating may not be | ||||||
15 | used in determining the sequence of dismissal. | ||||||
16 | Nothing in this subsection (b) shall be construed as | ||||||
17 | limiting the right of a school board or governing board of a | ||||||
18 | joint agreement to dismiss a teacher not in contractual | ||||||
19 | continued service in accordance with Section 24-11 of this | ||||||
20 | Code. | ||||||
21 | Any provisions regarding the sequence of honorable | ||||||
22 | dismissals and recall of honorably dismissed teachers in a | ||||||
23 | collective bargaining agreement entered into on or before | ||||||
24 | January 1, 2011 and in effect on June 13, 2011 (the effective | ||||||
25 | date of Public Act 97-8) that may conflict with Public Act 97-8 | ||||||
26 | shall remain in effect through the expiration of such |
| |||||||
| |||||||
1 | agreement or June 30, 2013, whichever is earlier. | ||||||
2 | (c) Each school district and special education joint | ||||||
3 | agreement must use a joint committee composed of equal | ||||||
4 | representation selected by the school board and its teachers | ||||||
5 | or, if applicable, the exclusive bargaining representative of | ||||||
6 | its teachers, to address the matters described in paragraphs | ||||||
7 | (1) through (5) of this subsection (c) pertaining to honorable | ||||||
8 | dismissals under subsection (b) of this Section. | ||||||
9 | (1) The joint committee must consider and may agree to | ||||||
10 | criteria for excluding from grouping 2 and placing into | ||||||
11 | grouping 3 a teacher whose last 2 performance evaluations | ||||||
12 | include a Needs Improvement and either a Proficient or | ||||||
13 | Excellent. | ||||||
14 | (2) The joint committee must consider and may agree to | ||||||
15 | an alternative definition for grouping 4, which definition | ||||||
16 | must take into account prior performance evaluation | ||||||
17 | ratings and may take into account other factors that | ||||||
18 | relate to the school district's or program's educational | ||||||
19 | objectives. An alternative definition for grouping 4 may | ||||||
20 | not permit the inclusion of a teacher in the grouping with | ||||||
21 | a Needs Improvement or Unsatisfactory performance | ||||||
22 | evaluation rating on either of the teacher's last 2 | ||||||
23 | performance evaluation ratings. | ||||||
24 | (3) The joint committee may agree to including within | ||||||
25 | the definition of a performance evaluation rating a | ||||||
26 | performance evaluation rating administered by a school |
| |||||||
| |||||||
1 | district or joint agreement other than the school district | ||||||
2 | or joint agreement determining the sequence of dismissal. | ||||||
3 | (4) For each school district or joint agreement that | ||||||
4 | administers performance evaluation ratings that are | ||||||
5 | inconsistent with either of the rating category systems | ||||||
6 | specified in subsection (d) of Section 24A-5 of this Code, | ||||||
7 | the school district or joint agreement must consult with | ||||||
8 | the joint committee on the basis for assigning a rating | ||||||
9 | that complies with subsection (d) of Section 24A-5 of this | ||||||
10 | Code to each performance evaluation rating that will be | ||||||
11 | used in a sequence of dismissal. | ||||||
12 | (5) Upon request by a joint committee member submitted | ||||||
13 | to the employing board by no later than 10 days after the | ||||||
14 | distribution of the sequence of honorable dismissal list, | ||||||
15 | a representative of the employing board shall, within 5 | ||||||
16 | days after the request, provide to members of the joint | ||||||
17 | committee a list showing the most recent and prior | ||||||
18 | performance evaluation ratings of each teacher identified | ||||||
19 | only by length of continuing service in the district or | ||||||
20 | joint agreement and not by name. If, after review of this | ||||||
21 | list, a member of the joint committee has a good faith | ||||||
22 | belief that a disproportionate number of teachers with | ||||||
23 | greater length of continuing service with the district or | ||||||
24 | joint agreement have received a recent performance | ||||||
25 | evaluation rating lower than the prior rating, the member | ||||||
26 | may request that the joint committee review the list to |
| |||||||
| |||||||
1 | assess whether such a trend may exist. Following the joint | ||||||
2 | committee's review, but by no later than the end of the | ||||||
3 | applicable school term, the joint committee or any member | ||||||
4 | or members of the joint committee may submit a report of | ||||||
5 | the review to the employing board and exclusive bargaining | ||||||
6 | representative, if any. Nothing in this paragraph (5) | ||||||
7 | shall impact the order of honorable dismissal or a school | ||||||
8 | district's or joint agreement's authority to carry out a | ||||||
9 | dismissal in accordance with subsection (b) of this | ||||||
10 | Section. | ||||||
11 | Agreement by the joint committee as to a matter requires | ||||||
12 | the majority vote of all committee members, and if the joint | ||||||
13 | committee does not reach agreement on a matter, then the | ||||||
14 | otherwise applicable requirements of subsection (b) of this | ||||||
15 | Section shall apply. Except as explicitly set forth in this | ||||||
16 | subsection (c), a joint committee has no authority to agree to | ||||||
17 | any further modifications to the requirements for honorable | ||||||
18 | dismissals set forth in subsection (b) of this Section. The | ||||||
19 | joint committee must be established, and the first meeting of | ||||||
20 | the joint committee each school year must occur on or before | ||||||
21 | December 1. | ||||||
22 | The joint committee must reach agreement on a matter on or | ||||||
23 | before February 1 of a school year in order for the agreement | ||||||
24 | of the joint committee to apply to the sequence of dismissal | ||||||
25 | determined during that school year. Subject to the February 1 | ||||||
26 | deadline for agreements, the agreement of a joint committee on |
| |||||||
| |||||||
1 | a matter shall apply to the sequence of dismissal until the | ||||||
2 | agreement is amended or terminated by the joint committee. | ||||||
3 | The provisions of the Open Meetings Act shall not apply to | ||||||
4 | meetings of a joint committee created under this subsection | ||||||
5 | (c). | ||||||
6 | (d) Notwithstanding anything to the contrary in this | ||||||
7 | subsection (d), the requirements and dismissal procedures of | ||||||
8 | Section 24-16.5 of this Code shall apply to any dismissal | ||||||
9 | sought under Section 24-16.5 of this Code. | ||||||
10 | (1) If a dismissal of a teacher in contractual | ||||||
11 | continued service is sought for any reason or cause other | ||||||
12 | than an honorable dismissal under subsections (a) or (b) | ||||||
13 | of this Section or a dismissal sought under Section | ||||||
14 | 24-16.5 of this Code, including those under Section | ||||||
15 | 10-22.4, the board must first approve a motion containing | ||||||
16 | specific charges by a majority vote of all its members. | ||||||
17 | Written notice of such charges, including a bill of | ||||||
18 | particulars and the teacher's right to request a hearing, | ||||||
19 | must be mailed to the teacher and also given to the teacher | ||||||
20 | either by electronic mail, certified mail, return receipt | ||||||
21 | requested, or personal delivery with receipt within 5 days | ||||||
22 | of the adoption of the motion. Any written notice sent on | ||||||
23 | or after July 1, 2012 shall inform the teacher of the right | ||||||
24 | to request a hearing before a mutually selected hearing | ||||||
25 | officer, with the cost of the hearing officer split | ||||||
26 | equally between the teacher and the board, or a hearing |
| |||||||
| |||||||
1 | before a board-selected hearing officer, with the cost of | ||||||
2 | the hearing officer paid by the board. | ||||||
3 | Before setting a hearing on charges stemming from | ||||||
4 | causes that are considered remediable, a board must give | ||||||
5 | the teacher reasonable warning in writing, stating | ||||||
6 | specifically the causes that, if not removed, may result | ||||||
7 | in charges; however, no such written warning is required | ||||||
8 | if the causes have been the subject of a remediation plan | ||||||
9 | pursuant to Article 24A of this Code. | ||||||
10 | If, in the opinion of the board, the interests of the | ||||||
11 | school require it, the board may suspend the teacher | ||||||
12 | without pay, pending the hearing, but if the board's | ||||||
13 | dismissal or removal is not sustained, the teacher shall | ||||||
14 | not suffer the loss of any salary or benefits by reason of | ||||||
15 | the suspension. | ||||||
16 | (2) No hearing upon the charges is required unless the | ||||||
17 | teacher within 17 days after receiving notice requests in | ||||||
18 | writing of the board that a hearing be scheduled before a | ||||||
19 | mutually selected hearing officer or a hearing officer | ||||||
20 | selected by the board. The secretary of the school board | ||||||
21 | shall forward a copy of the notice to the State Board of | ||||||
22 | Education. | ||||||
23 | (3) Within 5 business days after receiving a notice of | ||||||
24 | hearing in which either notice to the teacher was sent | ||||||
25 | before July 1, 2012 or, if the notice was sent on or after | ||||||
26 | July 1, 2012, the teacher has requested a hearing before a |
| |||||||
| |||||||
1 | mutually selected hearing officer, the State Board of | ||||||
2 | Education shall provide a list of 5 prospective, impartial | ||||||
3 | hearing officers from the master list of qualified, | ||||||
4 | impartial hearing officers maintained by the State Board | ||||||
5 | of Education. Each person on the master list must (i) be | ||||||
6 | accredited by a national arbitration organization and have | ||||||
7 | had a minimum of 5 years of experience directly related to | ||||||
8 | labor and employment relations matters between employers | ||||||
9 | and employees or their exclusive bargaining | ||||||
10 | representatives and (ii) beginning September 1, 2012, have | ||||||
11 | participated in training provided or approved by the State | ||||||
12 | Board of Education for teacher dismissal hearing officers | ||||||
13 | so that he or she is familiar with issues generally | ||||||
14 | involved in evaluative and non-evaluative dismissals. | ||||||
15 | If notice to the teacher was sent before July 1, 2012 | ||||||
16 | or, if the notice was sent on or after July 1, 2012, the | ||||||
17 | teacher has requested a hearing before a mutually selected | ||||||
18 | hearing officer, the board and the teacher or their legal | ||||||
19 | representatives within 3 business days shall alternately | ||||||
20 | strike one name from the list provided by the State Board | ||||||
21 | of Education until only one name remains. Unless waived by | ||||||
22 | the teacher, the teacher shall have the right to proceed | ||||||
23 | first with the striking. Within 3 business days of receipt | ||||||
24 | of the list provided by the State Board of Education, the | ||||||
25 | board and the teacher or their legal representatives shall | ||||||
26 | each have the right to reject all prospective hearing |
| |||||||
| |||||||
1 | officers named on the list and notify the State Board of | ||||||
2 | Education of such rejection. Within 3 business days after | ||||||
3 | receiving this notification, the State Board of Education | ||||||
4 | shall appoint a qualified person from the master list who | ||||||
5 | did not appear on the list sent to the parties to serve as | ||||||
6 | the hearing officer, unless the parties notify it that | ||||||
7 | they have chosen to alternatively select a hearing officer | ||||||
8 | under paragraph (4) of this subsection (d). | ||||||
9 | If the teacher has requested a hearing before a | ||||||
10 | hearing officer selected by the board, the board shall | ||||||
11 | select one name from the master list of qualified | ||||||
12 | impartial hearing officers maintained by the State Board | ||||||
13 | of Education within 3 business days after receipt and | ||||||
14 | shall notify the State Board of Education of its | ||||||
15 | selection. | ||||||
16 | A hearing officer mutually selected by the parties, | ||||||
17 | selected by the board, or selected through an alternative | ||||||
18 | selection process under paragraph (4) of this subsection | ||||||
19 | (d) (A) must not be a resident of the school district, (B) | ||||||
20 | must be available to commence the hearing within 75 days | ||||||
21 | and conclude the hearing within 120 days after being | ||||||
22 | selected as the hearing officer, and (C) must issue a | ||||||
23 | decision as to whether the teacher must be dismissed and | ||||||
24 | give a copy of that decision to both the teacher and the | ||||||
25 | board within 30 days from the conclusion of the hearing or | ||||||
26 | closure of the record, whichever is later. |
| |||||||
| |||||||
1 | Any hearing convened during a public health emergency | ||||||
2 | pursuant to Section 7 of the Illinois Emergency Management | ||||||
3 | Agency Act may be convened remotely. Any hearing officer | ||||||
4 | for a hearing convened during a public health emergency | ||||||
5 | pursuant to Section 7 of the Illinois Emergency Management | ||||||
6 | Agency Act may voluntarily withdraw from the hearing and | ||||||
7 | another hearing officer shall be selected or appointed | ||||||
8 | pursuant to this Section. | ||||||
9 | In this paragraph, "pre-hearing procedures" refers to | ||||||
10 | the pre-hearing procedures under Section 51.55 of Title 23 | ||||||
11 | of the Illinois Administrative Code and "hearing" refers | ||||||
12 | to the hearing under Section 51.60 of Title 23 of the | ||||||
13 | Illinois Administrative Code. Any teacher who has been | ||||||
14 | charged with engaging in acts of corporal punishment, | ||||||
15 | physical abuse, grooming, or sexual misconduct and who | ||||||
16 | previously paused pre-hearing procedures or a hearing | ||||||
17 | pursuant to Public Act 101-643 must proceed with selection | ||||||
18 | of a hearing officer or hearing date, or both, within the | ||||||
19 | timeframes established by this paragraph (3) and | ||||||
20 | paragraphs (4) through (6) of this subsection (d), unless | ||||||
21 | the timeframes are mutually waived in writing by both | ||||||
22 | parties, and all timelines set forth in this Section in | ||||||
23 | cases concerning corporal punishment, physical abuse, | ||||||
24 | grooming, or sexual misconduct shall be reset to begin the | ||||||
25 | day after April 22, 2022 ( the effective date of Public Act | ||||||
26 | 102-708) this amendatory Act of the 102nd General |
| |||||||
| |||||||
1 | Assembly . Any teacher charged with engaging in acts of | ||||||
2 | corporal punishment, physical abuse, grooming, or sexual | ||||||
3 | misconduct on or after April 22, 2022 ( the effective date | ||||||
4 | of Public Act 102-708) this amendatory Act of the 102nd | ||||||
5 | General Assembly may not pause pre-hearing procedures or a | ||||||
6 | hearing. | ||||||
7 | (4) In the alternative to selecting a hearing officer | ||||||
8 | from the list received from the State Board of Education | ||||||
9 | or accepting the appointment of a hearing officer by the | ||||||
10 | State Board of Education or if the State Board of | ||||||
11 | Education cannot provide a list or appoint a hearing | ||||||
12 | officer that meets the foregoing requirements, the board | ||||||
13 | and the teacher or their legal representatives may | ||||||
14 | mutually agree to select an impartial hearing officer who | ||||||
15 | is not on the master list either by direct appointment by | ||||||
16 | the parties or by using procedures for the appointment of | ||||||
17 | an arbitrator established by the Federal Mediation and | ||||||
18 | Conciliation Service or the American Arbitration | ||||||
19 | Association. The parties shall notify the State Board of | ||||||
20 | Education of their intent to select a hearing officer | ||||||
21 | using an alternative procedure within 3 business days of | ||||||
22 | receipt of a list of prospective hearing officers provided | ||||||
23 | by the State Board of Education, notice of appointment of | ||||||
24 | a hearing officer by the State Board of Education, or | ||||||
25 | receipt of notice from the State Board of Education that | ||||||
26 | it cannot provide a list that meets the foregoing |
| |||||||
| |||||||
1 | requirements, whichever is later. | ||||||
2 | (5) If the notice of dismissal was sent to the teacher | ||||||
3 | before July 1, 2012, the fees and costs for the hearing | ||||||
4 | officer must be paid by the State Board of Education. If | ||||||
5 | the notice of dismissal was sent to the teacher on or after | ||||||
6 | July 1, 2012, the hearing officer's fees and costs must be | ||||||
7 | paid as follows in this paragraph (5). The fees and | ||||||
8 | permissible costs for the hearing officer must be | ||||||
9 | determined by the State Board of Education. If the board | ||||||
10 | and the teacher or their legal representatives mutually | ||||||
11 | agree to select an impartial hearing officer who is not on | ||||||
12 | a list received from the State Board of Education, they | ||||||
13 | may agree to supplement the fees determined by the State | ||||||
14 | Board to the hearing officer, at a rate consistent with | ||||||
15 | the hearing officer's published professional fees. If the | ||||||
16 | hearing officer is mutually selected by the parties, then | ||||||
17 | the board and the teacher or their legal representatives | ||||||
18 | shall each pay 50% of the fees and costs and any | ||||||
19 | supplemental allowance to which they agree. If the hearing | ||||||
20 | officer is selected by the board, then the board shall pay | ||||||
21 | 100% of the hearing officer's fees and costs. The fees and | ||||||
22 | costs must be paid to the hearing officer within 14 days | ||||||
23 | after the board and the teacher or their legal | ||||||
24 | representatives receive the hearing officer's decision set | ||||||
25 | forth in paragraph (7) of this subsection (d). | ||||||
26 | (6) The teacher is required to answer the bill of |
| |||||||
| |||||||
1 | particulars and aver affirmative matters in his or her | ||||||
2 | defense, and the time for initially doing so and the time | ||||||
3 | for updating such answer and defenses after pre-hearing | ||||||
4 | discovery must be set by the hearing officer. The State | ||||||
5 | Board of Education shall promulgate rules so that each | ||||||
6 | party has a fair opportunity to present its case and to | ||||||
7 | ensure that the dismissal process proceeds in a fair and | ||||||
8 | expeditious manner. These rules shall address, without | ||||||
9 | limitation, discovery and hearing scheduling conferences; | ||||||
10 | the teacher's initial answer and affirmative defenses to | ||||||
11 | the bill of particulars and the updating of that | ||||||
12 | information after pre-hearing discovery; provision for | ||||||
13 | written interrogatories and requests for production of | ||||||
14 | documents; the requirement that each party initially | ||||||
15 | disclose to the other party and then update the disclosure | ||||||
16 | no later than 10 calendar days prior to the commencement | ||||||
17 | of the hearing, the names and addresses of persons who may | ||||||
18 | be called as witnesses at the hearing, a summary of the | ||||||
19 | facts or opinions each witness will testify to, and all | ||||||
20 | other documents and materials, including information | ||||||
21 | maintained electronically, relevant to its own as well as | ||||||
22 | the other party's case (the hearing officer may exclude | ||||||
23 | witnesses and exhibits not identified and shared, except | ||||||
24 | those offered in rebuttal for which the party could not | ||||||
25 | reasonably have anticipated prior to the hearing); | ||||||
26 | pre-hearing discovery and preparation, including provision |
| |||||||
| |||||||
1 | for written interrogatories and requests for production of | ||||||
2 | documents, provided that discovery depositions are | ||||||
3 | prohibited; the conduct of the hearing; the right of each | ||||||
4 | party to be represented by counsel, the offer of evidence | ||||||
5 | and witnesses and the cross-examination of witnesses; the | ||||||
6 | authority of the hearing officer to issue subpoenas and | ||||||
7 | subpoenas duces tecum, provided that the hearing officer | ||||||
8 | may limit the number of witnesses to be subpoenaed on | ||||||
9 | behalf of each party to no more than 7; the length of | ||||||
10 | post-hearing briefs; and the form, length, and content of | ||||||
11 | hearing officers' decisions. The hearing officer shall | ||||||
12 | hold a hearing and render a final decision for dismissal | ||||||
13 | pursuant to Article 24A of this Code or shall report to the | ||||||
14 | school board findings of fact and a recommendation as to | ||||||
15 | whether or not the teacher must be dismissed for conduct. | ||||||
16 | The hearing officer shall commence the hearing within 75 | ||||||
17 | days and conclude the hearing within 120 days after being | ||||||
18 | selected as the hearing officer, provided that the hearing | ||||||
19 | officer may modify these timelines upon the showing of | ||||||
20 | good cause or mutual agreement of the parties. Good cause | ||||||
21 | for the purpose of this subsection (d) shall mean the | ||||||
22 | illness or otherwise unavoidable emergency of the teacher, | ||||||
23 | district representative, their legal representatives, the | ||||||
24 | hearing officer, or an essential witness as indicated in | ||||||
25 | each party's pre-hearing submission. In a dismissal | ||||||
26 | hearing pursuant to Article 24A of this Code in which a |
| |||||||
| |||||||
1 | witness is a student or is under the age of 18, the hearing | ||||||
2 | officer must make accommodations for the witness, as | ||||||
3 | provided under paragraph (6.5) of this subsection. The | ||||||
4 | hearing officer shall consider and give weight to all of | ||||||
5 | the teacher's evaluations written pursuant to Article 24A | ||||||
6 | that are relevant to the issues in the hearing. | ||||||
7 | Each party shall have no more than 3 days to present | ||||||
8 | its case, unless extended by the hearing officer to enable | ||||||
9 | a party to present adequate evidence and testimony, | ||||||
10 | including due to the other party's cross-examination of | ||||||
11 | the party's witnesses, for good cause or by mutual | ||||||
12 | agreement of the parties. The State Board of Education | ||||||
13 | shall define in rules the meaning of "day" for such | ||||||
14 | purposes. All testimony at the hearing shall be taken | ||||||
15 | under oath administered by the hearing officer. The | ||||||
16 | hearing officer shall cause a record of the proceedings to | ||||||
17 | be kept and shall employ a competent reporter to take | ||||||
18 | stenographic or stenotype notes of all the testimony. The | ||||||
19 | costs of the reporter's attendance and services at the | ||||||
20 | hearing shall be paid by the party or parties who are | ||||||
21 | responsible for paying the fees and costs of the hearing | ||||||
22 | officer. Either party desiring a transcript of the hearing | ||||||
23 | shall pay for the cost thereof. Any post-hearing briefs | ||||||
24 | must be submitted by the parties by no later than 21 days | ||||||
25 | after a party's receipt of the transcript of the hearing, | ||||||
26 | unless extended by the hearing officer for good cause or |
| |||||||
| |||||||
1 | by mutual agreement of the parties. | ||||||
2 | (6.5) In the case of charges involving any witness who | ||||||
3 | is or was at the time of the alleged conduct a student or a | ||||||
4 | person under the age of 18, the hearing officer shall make | ||||||
5 | accommodations to protect a witness from being | ||||||
6 | intimidated, traumatized, or re-traumatized. No alleged | ||||||
7 | victim or other witness who is or was at the time of the | ||||||
8 | alleged conduct a student or under the age of 18 may be | ||||||
9 | compelled to testify in the physical or visual presence of | ||||||
10 | a teacher or other witness. If such a witness invokes this | ||||||
11 | right, then the hearing officer must provide an | ||||||
12 | accommodation consistent with the invoked right and use a | ||||||
13 | procedure by which each party may hear such witness's | ||||||
14 | witness' testimony. Accommodations may include, but are | ||||||
15 | not limited to: (i) testimony made via a telecommunication | ||||||
16 | device in a location other than the hearing room and | ||||||
17 | outside the physical or visual presence of the teacher and | ||||||
18 | other hearing participants, but accessible to the teacher | ||||||
19 | via a telecommunication device, (ii) testimony made in the | ||||||
20 | hearing room but outside the physical presence of the | ||||||
21 | teacher and accessible to the teacher via a | ||||||
22 | telecommunication device, (iii) non-public testimony, (iv) | ||||||
23 | testimony made via videoconference with the cameras and | ||||||
24 | microphones of the teacher turned off, or (v) pre-recorded | ||||||
25 | testimony, including, but not limited to, a recording of a | ||||||
26 | forensic interview conducted at an accredited Children's |
| |||||||
| |||||||
1 | Advocacy Center. With all accommodations, the hearing | ||||||
2 | officer shall give such testimony the same consideration | ||||||
3 | as if the witness testified without the accommodation. The | ||||||
4 | teacher may not directly, or through a representative, | ||||||
5 | question a witness called by the school board who is or was | ||||||
6 | a student or under 18 years of age at the time of the | ||||||
7 | alleged conduct. The hearing officer must permit the | ||||||
8 | teacher to submit all relevant questions and follow-up | ||||||
9 | questions for such a witness to have the questions posed | ||||||
10 | by the hearing officer. All questions must exclude | ||||||
11 | evidence of the witness' sexual behavior or | ||||||
12 | predisposition, unless the evidence is offered to prove | ||||||
13 | that someone other than the teacher subject to the | ||||||
14 | dismissal hearing engaged in the charge at issue. | ||||||
15 | (7) The hearing officer shall, within 30 days from the | ||||||
16 | conclusion of the hearing or closure of the record, | ||||||
17 | whichever is later, make a decision as to whether or not | ||||||
18 | the teacher shall be dismissed pursuant to Article 24A of | ||||||
19 | this Code or report to the school board findings of fact | ||||||
20 | and a recommendation as to whether or not the teacher | ||||||
21 | shall be dismissed for cause and shall give a copy of the | ||||||
22 | decision or findings of fact and recommendation to both | ||||||
23 | the teacher and the school board. If a hearing officer | ||||||
24 | fails without good cause, specifically provided in writing | ||||||
25 | to both parties and the State Board of Education, to | ||||||
26 | render a decision or findings of fact and recommendation |
| |||||||
| |||||||
1 | within 30 days after the hearing is concluded or the | ||||||
2 | record is closed, whichever is later, the parties may | ||||||
3 | mutually agree to select a hearing officer pursuant to the | ||||||
4 | alternative procedure, as provided in this Section, to | ||||||
5 | rehear the charges heard by the hearing officer who failed | ||||||
6 | to render a decision or findings of fact and | ||||||
7 | recommendation or to review the record and render a | ||||||
8 | decision. If any hearing officer fails without good cause, | ||||||
9 | specifically provided in writing to both parties and the | ||||||
10 | State Board of Education, to render a decision or findings | ||||||
11 | of fact and recommendation within 30 days after the | ||||||
12 | hearing is concluded or the record is closed, whichever is | ||||||
13 | later , or if any hearing officer fails to make an | ||||||
14 | accommodation as described in paragraph (6.5), the hearing | ||||||
15 | officer shall be removed from the master list of hearing | ||||||
16 | officers maintained by the State Board of Education for | ||||||
17 | not more than 24 months. The parties and the State Board of | ||||||
18 | Education may also take such other actions as it deems | ||||||
19 | appropriate, including recovering, reducing, or | ||||||
20 | withholding any fees paid or to be paid to the hearing | ||||||
21 | officer. If any hearing officer repeats such failure, he | ||||||
22 | or she must be permanently removed from the master list | ||||||
23 | maintained by the State Board of Education and may not be | ||||||
24 | selected by parties through the alternative selection | ||||||
25 | process under this paragraph (7) or paragraph (4) of this | ||||||
26 | subsection (d). The board shall not lose jurisdiction to |
| |||||||
| |||||||
1 | discharge a teacher if the hearing officer fails to render | ||||||
2 | a decision or findings of fact and recommendation within | ||||||
3 | the time specified in this Section. If the decision of the | ||||||
4 | hearing officer for dismissal pursuant to Article 24A of | ||||||
5 | this Code or of the school board for dismissal for cause is | ||||||
6 | in favor of the teacher, then the hearing officer or | ||||||
7 | school board shall order reinstatement to the same or | ||||||
8 | substantially equivalent position and shall determine the | ||||||
9 | amount for which the school board is liable, including, | ||||||
10 | but not limited to, loss of income and benefits. | ||||||
11 | (8) The school board, within 45 days after receipt of | ||||||
12 | the hearing officer's findings of fact and recommendation | ||||||
13 | as to whether (i) the conduct at issue occurred, (ii) the | ||||||
14 | conduct that did occur was remediable, and (iii) the | ||||||
15 | proposed dismissal should be sustained, shall issue a | ||||||
16 | written order as to whether the teacher must be retained | ||||||
17 | or dismissed for cause from its employ. The school board's | ||||||
18 | written order shall incorporate the hearing officer's | ||||||
19 | findings of fact, except that the school board may modify | ||||||
20 | or supplement the findings of fact if, in its opinion, the | ||||||
21 | findings of fact are against the manifest weight of the | ||||||
22 | evidence. | ||||||
23 | If the school board dismisses the teacher | ||||||
24 | notwithstanding the hearing officer's findings of fact and | ||||||
25 | recommendation, the school board shall make a conclusion | ||||||
26 | in its written order, giving its reasons therefor, and |
| |||||||
| |||||||
1 | such conclusion and reasons must be included in its | ||||||
2 | written order. The failure of the school board to strictly | ||||||
3 | adhere to the timelines contained in this Section shall | ||||||
4 | not render it without jurisdiction to dismiss the teacher. | ||||||
5 | The school board shall not lose jurisdiction to discharge | ||||||
6 | the teacher for cause if the hearing officer fails to | ||||||
7 | render a recommendation within the time specified in this | ||||||
8 | Section. The decision of the school board is final, unless | ||||||
9 | reviewed as provided in paragraph (9) of this subsection | ||||||
10 | (d). | ||||||
11 | If the school board retains the teacher, the school | ||||||
12 | board shall enter a written order stating the amount of | ||||||
13 | back pay and lost benefits, less mitigation, to be paid to | ||||||
14 | the teacher, within 45 days after its retention order. | ||||||
15 | Should the teacher object to the amount of the back pay and | ||||||
16 | lost benefits or amount mitigated, the teacher shall give | ||||||
17 | written objections to the amount within 21 days. If the | ||||||
18 | parties fail to reach resolution within 7 days, the | ||||||
19 | dispute shall be referred to the hearing officer, who | ||||||
20 | shall consider the school board's written order and | ||||||
21 | teacher's written objection and determine the amount to | ||||||
22 | which the school board is liable. The costs of the hearing | ||||||
23 | officer's review and determination must be paid by the | ||||||
24 | board. | ||||||
25 | (9) The decision of the hearing officer pursuant to | ||||||
26 | Article 24A of this Code or of the school board's decision |
| |||||||
| |||||||
1 | to dismiss for cause is final unless reviewed as provided | ||||||
2 | in Section 24-16 of this Code. If the school board's | ||||||
3 | decision to dismiss for cause is contrary to the hearing | ||||||
4 | officer's recommendation, the court on review shall give | ||||||
5 | consideration to the school board's decision and its | ||||||
6 | supplemental findings of fact, if applicable, and the | ||||||
7 | hearing officer's findings of fact and recommendation in | ||||||
8 | making its decision. In the event such review is | ||||||
9 | instituted, the school board shall be responsible for | ||||||
10 | preparing and filing the record of proceedings, and such | ||||||
11 | costs associated therewith must be divided equally between | ||||||
12 | the parties. | ||||||
13 | (10) If a decision of the hearing officer for | ||||||
14 | dismissal pursuant to Article 24A of this Code or of the | ||||||
15 | school board for dismissal for cause is adjudicated upon | ||||||
16 | review or appeal in favor of the teacher, then the trial | ||||||
17 | court shall order reinstatement and shall remand the | ||||||
18 | matter to the school board with direction for entry of an | ||||||
19 | order setting the amount of back pay, lost benefits, and | ||||||
20 | costs, less mitigation. The teacher may challenge the | ||||||
21 | school board's order setting the amount of back pay, lost | ||||||
22 | benefits, and costs, less mitigation, through an expedited | ||||||
23 | arbitration procedure, with the costs of the arbitrator | ||||||
24 | borne by the school board. | ||||||
25 | Any teacher who is reinstated by any hearing or | ||||||
26 | adjudication brought under this Section shall be assigned |
| |||||||
| |||||||
1 | by the board to a position substantially similar to the | ||||||
2 | one which that teacher held prior to that teacher's | ||||||
3 | suspension or dismissal. | ||||||
4 | (11) Subject to any later effective date referenced in | ||||||
5 | this Section for a specific aspect of the dismissal | ||||||
6 | process, the changes made by Public Act 97-8 shall apply | ||||||
7 | to dismissals instituted on or after September 1, 2011. | ||||||
8 | Any dismissal instituted prior to September 1, 2011 must | ||||||
9 | be carried out in accordance with the requirements of this | ||||||
10 | Section prior to amendment by Public Act 97-8. | ||||||
11 | (e) Nothing contained in Public Act 98-648 repeals, | ||||||
12 | supersedes, invalidates, or nullifies final decisions in | ||||||
13 | lawsuits pending on July 1, 2014 (the effective date of Public | ||||||
14 | Act 98-648) in Illinois courts involving the interpretation of | ||||||
15 | Public Act 97-8. | ||||||
16 | (Source: P.A. 102-708, eff. 4-22-22; 103-354, eff. 1-1-24; | ||||||
17 | 103-398, eff. 1-1-24; 103-500, eff. 8-4-23; revised 8-30-23.)
| ||||||
18 | (105 ILCS 5/24A-5) (from Ch. 122, par. 24A-5) | ||||||
19 | Sec. 24A-5. Content of evaluation plans. This Section | ||||||
20 | does not apply to teachers assigned to schools identified in | ||||||
21 | an agreement entered into between the board of a school | ||||||
22 | district operating under Article 34 of this Code and the | ||||||
23 | exclusive representative of the district's teachers in | ||||||
24 | accordance with Section 34-85c of this Code. | ||||||
25 | Each school district to which this Article applies shall |
| |||||||
| |||||||
1 | establish a teacher evaluation plan which ensures that each | ||||||
2 | teacher in contractual continued service is evaluated at least | ||||||
3 | once in the course of every 2 or 3 school years as provided in | ||||||
4 | this Section. | ||||||
5 | Each school district shall establish a teacher evaluation | ||||||
6 | plan that ensures that: | ||||||
7 | (1) each teacher not in contractual continued service | ||||||
8 | is evaluated at least once every school year; and | ||||||
9 | (2) except as otherwise provided in this Section, each | ||||||
10 | teacher in contractual continued service is evaluated at | ||||||
11 | least once in the course of every 2 school years. However, | ||||||
12 | any teacher in contractual continued service whose | ||||||
13 | performance is rated as either "needs improvement" or | ||||||
14 | "unsatisfactory" must be evaluated at least once in the | ||||||
15 | school year following the receipt of such rating. | ||||||
16 | No later than September 1, 2022, each school district must | ||||||
17 | establish a teacher evaluation plan that ensures that each | ||||||
18 | teacher in contractual continued service whose performance is | ||||||
19 | rated as either "excellent" or "proficient" is evaluated at | ||||||
20 | least once in the course of the 3 school years after receipt of | ||||||
21 | the rating and implement an informal teacher observation plan | ||||||
22 | established by agency rule and by agreement of the joint | ||||||
23 | committee established under subsection (b) of Section 24A-4 of | ||||||
24 | this Code that ensures that each teacher in contractual | ||||||
25 | continued service whose performance is rated as either | ||||||
26 | "excellent" or "proficient" is informally observed at least |
| |||||||
| |||||||
1 | once in the course of the 2 school years after receipt of the | ||||||
2 | rating. | ||||||
3 | For the 2022-2023 school year only, if the Governor has | ||||||
4 | declared a disaster due to a public health emergency pursuant | ||||||
5 | to Section 7 of the Illinois Emergency Management Agency Act, | ||||||
6 | a school district may waive the evaluation requirement of all | ||||||
7 | teachers in contractual continued service whose performances | ||||||
8 | were rated as either "excellent" or "proficient" during the | ||||||
9 | last school year in which the teachers were evaluated under | ||||||
10 | this Section. | ||||||
11 | Notwithstanding anything to the contrary in this Section | ||||||
12 | or any other Section of this Code, a principal shall not be | ||||||
13 | prohibited from evaluating any teachers within a school during | ||||||
14 | his or her first year as principal of such school. If a | ||||||
15 | first-year principal exercises this option in a school | ||||||
16 | district where the evaluation plan provides for a teacher in | ||||||
17 | contractual continued service to be evaluated once in the | ||||||
18 | course of every 2 or 3 school years, as applicable, then a new | ||||||
19 | 2-year or 3-year evaluation plan must be established. | ||||||
20 | The evaluation plan shall comply with the requirements of | ||||||
21 | this Section and of any rules adopted by the State Board of | ||||||
22 | Education pursuant to this Section. | ||||||
23 | The plan shall include a description of each teacher's | ||||||
24 | duties and responsibilities and of the standards to which that | ||||||
25 | teacher is expected to conform, and shall include at least the | ||||||
26 | following components: |
| |||||||
| |||||||
1 | (a) personal observation of the teacher in the | ||||||
2 | classroom by the evaluator, unless the teacher has no | ||||||
3 | classroom duties. | ||||||
4 | (b) consideration of the teacher's attendance, | ||||||
5 | planning, instructional methods, classroom management, | ||||||
6 | where relevant, and competency in the subject matter | ||||||
7 | taught. | ||||||
8 | (c) by no later than the applicable implementation | ||||||
9 | date, consideration of student growth as a significant | ||||||
10 | factor in the rating of the teacher's performance. | ||||||
11 | (d) prior to September 1, 2012, rating of the | ||||||
12 | performance of teachers in contractual continued service | ||||||
13 | as either: | ||||||
14 | (i) "excellent", "satisfactory" or | ||||||
15 | "unsatisfactory"; or | ||||||
16 | (ii) "excellent", "proficient", "needs | ||||||
17 | improvement" or "unsatisfactory". | ||||||
18 | (e) on and after September 1, 2012, rating of the | ||||||
19 | performance of all teachers as "excellent", "proficient", | ||||||
20 | "needs improvement" or "unsatisfactory". | ||||||
21 | (f) specification as to the teacher's strengths and | ||||||
22 | weaknesses, with supporting reasons for the comments made. | ||||||
23 | (g) inclusion of a copy of the evaluation in the | ||||||
24 | teacher's personnel file and provision of a copy to the | ||||||
25 | teacher. | ||||||
26 | (h) within 30 school days after the completion of an |
| |||||||
| |||||||
1 | evaluation rating a teacher in contractual continued | ||||||
2 | service as "needs improvement", development by the | ||||||
3 | evaluator, in consultation with the teacher, and taking | ||||||
4 | into account the teacher's on-going professional | ||||||
5 | responsibilities including his or her regular teaching | ||||||
6 | assignments, of a professional development plan directed | ||||||
7 | to the areas that need improvement and any supports that | ||||||
8 | the district will provide to address the areas identified | ||||||
9 | as needing improvement. | ||||||
10 | (i) within 30 school days after completion of an | ||||||
11 | evaluation rating a teacher in contractual continued | ||||||
12 | service as "unsatisfactory", development and commencement | ||||||
13 | by the district of a remediation plan designed to correct | ||||||
14 | deficiencies cited, provided the deficiencies are deemed | ||||||
15 | remediable. In all school districts the remediation plan | ||||||
16 | for unsatisfactory, tenured teachers shall provide for 90 | ||||||
17 | school days of remediation within the classroom, unless an | ||||||
18 | applicable collective bargaining agreement provides for a | ||||||
19 | shorter duration. In all school districts evaluations | ||||||
20 | issued pursuant to this Section shall be issued within 10 | ||||||
21 | days after the conclusion of the respective remediation | ||||||
22 | plan. However, the school board or other governing | ||||||
23 | authority of the district shall not lose jurisdiction to | ||||||
24 | discharge a teacher in the event the evaluation is not | ||||||
25 | issued within 10 days after the conclusion of the | ||||||
26 | respective remediation plan. |
| |||||||
| |||||||
1 | (j) participation in the remediation plan by the | ||||||
2 | teacher in contractual continued service rated | ||||||
3 | "unsatisfactory", an evaluator and a consulting teacher | ||||||
4 | selected by the evaluator of the teacher who was rated | ||||||
5 | "unsatisfactory", which consulting teacher is an | ||||||
6 | educational employee as defined in the Illinois | ||||||
7 | Educational Labor Relations Act, has at least 5 years' | ||||||
8 | teaching experience, and a reasonable familiarity with the | ||||||
9 | assignment of the teacher being evaluated, and who | ||||||
10 | received an "excellent" rating on his or her most recent | ||||||
11 | evaluation. Where no teachers who meet these criteria are | ||||||
12 | available within the district, the district shall request | ||||||
13 | and the applicable regional office of education shall | ||||||
14 | supply, to participate in the remediation process, an | ||||||
15 | individual who meets these criteria. | ||||||
16 | In a district having a population of less than 500,000 | ||||||
17 | with an exclusive bargaining agent, the bargaining agent | ||||||
18 | may, if it so chooses, supply a roster of qualified | ||||||
19 | teachers from whom the consulting teacher is to be | ||||||
20 | selected. That roster shall, however, contain the names of | ||||||
21 | at least 5 teachers, each of whom meets the criteria for | ||||||
22 | consulting teacher with regard to the teacher being | ||||||
23 | evaluated, or the names of all teachers so qualified if | ||||||
24 | that number is less than 5. In the event of a dispute as to | ||||||
25 | qualification, the State Board shall determine | ||||||
26 | qualification. |
| |||||||
| |||||||
1 | (k) a mid-point and final evaluation by an evaluator | ||||||
2 | during and at the end of the remediation period, | ||||||
3 | immediately following receipt of a remediation plan | ||||||
4 | provided for under subsections (i) and (j) of this | ||||||
5 | Section. Each evaluation shall assess the teacher's | ||||||
6 | performance during the time period since the prior | ||||||
7 | evaluation; provided that the last evaluation shall also | ||||||
8 | include an overall evaluation of the teacher's performance | ||||||
9 | during the remediation period. A written copy of the | ||||||
10 | evaluations and ratings, in which any deficiencies in | ||||||
11 | performance and recommendations for correction are | ||||||
12 | identified, shall be provided to and discussed with the | ||||||
13 | teacher within 10 school days after the date of the | ||||||
14 | evaluation, unless an applicable collective bargaining | ||||||
15 | agreement provides to the contrary. These subsequent | ||||||
16 | evaluations shall be conducted by an evaluator. The | ||||||
17 | consulting teacher shall provide advice to the teacher | ||||||
18 | rated "unsatisfactory" on how to improve teaching skills | ||||||
19 | and to successfully complete the remediation plan. The | ||||||
20 | consulting teacher shall participate in developing the | ||||||
21 | remediation plan, but the final decision as to the | ||||||
22 | evaluation shall be done solely by the evaluator, unless | ||||||
23 | an applicable collective bargaining agreement provides to | ||||||
24 | the contrary. Evaluations at the conclusion of the | ||||||
25 | remediation process shall be separate and distinct from | ||||||
26 | the required annual evaluations of teachers and shall not |
| |||||||
| |||||||
1 | be subject to the guidelines and procedures relating to | ||||||
2 | those annual evaluations. The evaluator may but is not | ||||||
3 | required to use the forms provided for the annual | ||||||
4 | evaluation of teachers in the district's evaluation plan. | ||||||
5 | (l) reinstatement to the evaluation schedule set forth | ||||||
6 | in the district's evaluation plan for any teacher in | ||||||
7 | contractual continued service who achieves a rating equal | ||||||
8 | to or better than "satisfactory" or "proficient" in the | ||||||
9 | school year following a rating of "needs improvement" or | ||||||
10 | "unsatisfactory". | ||||||
11 | (m) dismissal in accordance with subsection (d) of | ||||||
12 | Section 24-12 or Section 24-16.5 or 34-85 of this Code of | ||||||
13 | any teacher who fails to complete any applicable | ||||||
14 | remediation plan with a rating equal to or better than a | ||||||
15 | "satisfactory" or "proficient" rating. Districts and | ||||||
16 | teachers subject to dismissal hearings are precluded from | ||||||
17 | compelling the testimony of consulting teachers at such | ||||||
18 | hearings under subsection (d) of Section 24-12 or Section | ||||||
19 | 24-16.5 or 34-85 of this Code, either as to the rating | ||||||
20 | process or for opinions of performances by teachers under | ||||||
21 | remediation. | ||||||
22 | (n) After the implementation date of an evaluation | ||||||
23 | system for teachers in a district as specified in Section | ||||||
24 | 24A-2.5 of this Code, if a teacher in contractual | ||||||
25 | continued service successfully completes a remediation | ||||||
26 | plan following a rating of "unsatisfactory" in an overall |
| |||||||
| |||||||
1 | performance evaluation received after the foregoing | ||||||
2 | implementation date and receives a subsequent rating of | ||||||
3 | "unsatisfactory" in any of the teacher's overall | ||||||
4 | performance evaluation ratings received during the | ||||||
5 | 36-month period following the teacher's completion of the | ||||||
6 | remediation plan, then the school district may forgo | ||||||
7 | forego remediation and seek dismissal in accordance with | ||||||
8 | subsection (d) of Section 24-12 or Section 34-85 of this | ||||||
9 | Code. | ||||||
10 | (o) Teachers who are due to be evaluated in the last | ||||||
11 | year before they are set to retire shall be offered the | ||||||
12 | opportunity to waive their evaluation and to retain their | ||||||
13 | most recent rating, unless the teacher was last rated as | ||||||
14 | "needs improvement" or "unsatisfactory". The school | ||||||
15 | district may still reserve the right to evaluate a teacher | ||||||
16 | provided the district gives notice to the teacher at least | ||||||
17 | 14 days before the evaluation and a reason for evaluating | ||||||
18 | the teacher. | ||||||
19 | Nothing in this Section or Section 24A-4 shall be | ||||||
20 | construed as preventing immediate dismissal of a teacher for | ||||||
21 | deficiencies which are deemed irremediable or for actions | ||||||
22 | which are injurious to or endanger the health or person of | ||||||
23 | students in the classroom or school, or preventing the | ||||||
24 | dismissal or non-renewal of teachers not in contractual | ||||||
25 | continued service for any reason not prohibited by applicable | ||||||
26 | employment, labor, and civil rights laws. Failure to strictly |
| |||||||
| |||||||
1 | comply with the time requirements contained in Section 24A-5 | ||||||
2 | shall not invalidate the results of the remediation plan. | ||||||
3 | Nothing contained in Public Act 98-648 this amendatory Act | ||||||
4 | of the 98th General Assembly repeals, supersedes, invalidates, | ||||||
5 | or nullifies final decisions in lawsuits pending on July 1, | ||||||
6 | 2014 ( the effective date of Public Act 98-648) this amendatory | ||||||
7 | Act of the 98th General Assembly in Illinois courts involving | ||||||
8 | the interpretation of Public Act 97-8. | ||||||
9 | If the Governor has declared a disaster due to a public | ||||||
10 | health emergency pursuant to Section 7 of the Illinois | ||||||
11 | Emergency Management Agency Act that suspends in-person | ||||||
12 | instruction, the timelines in this Section connected to the | ||||||
13 | commencement and completion of any remediation plan are | ||||||
14 | waived. Except if the parties mutually agree otherwise and the | ||||||
15 | agreement is in writing, any remediation plan that had been in | ||||||
16 | place for more than 45 days prior to the suspension of | ||||||
17 | in-person instruction shall resume when in-person instruction | ||||||
18 | resumes and any remediation plan that had been in place for | ||||||
19 | fewer than 45 days prior to the suspension of in-person | ||||||
20 | instruction shall be discontinued and a new remediation period | ||||||
21 | shall begin when in-person instruction resumes. The | ||||||
22 | requirements of this paragraph apply regardless of whether | ||||||
23 | they are included in a school district's teacher evaluation | ||||||
24 | plan. | ||||||
25 | (Source: P.A. 102-252, eff. 1-1-22; 102-729, eff. 5-6-22; | ||||||
26 | 103-85, eff. 6-9-23; revised 9-20-23.)
|
| |||||||
| |||||||
1 | (105 ILCS 5/26A-40) | ||||||
2 | (This Section may contain text from a Public Act with a | ||||||
3 | delayed effective date ) | ||||||
4 | Sec. 26A-40. Support and services. | ||||||
5 | (a) To facilitate the full participation of students who | ||||||
6 | are parents, expectant parents, or victims of domestic or | ||||||
7 | sexual violence, each school district must provide those | ||||||
8 | students with in-school support services and information | ||||||
9 | regarding nonschool-based support services, and the ability to | ||||||
10 | make up work missed on account of circumstances related to the | ||||||
11 | student's status as a parent, expectant parent, or victim of | ||||||
12 | domestic or sexual violence. Victims of domestic or sexual | ||||||
13 | violence must have access to those supports and services | ||||||
14 | regardless of when or where the violence for which they are | ||||||
15 | seeking supports and services occurred. All supports and | ||||||
16 | services must be offered for as long as necessary to maintain | ||||||
17 | the mental and physical well-being and safety of the student. | ||||||
18 | Schools may periodically check on students receiving supports | ||||||
19 | and services to determine whether each support and service | ||||||
20 | continues to be necessary to maintain the mental and physical | ||||||
21 | well-being and safety of the student or whether termination is | ||||||
22 | appropriate. | ||||||
23 | (b) Supports provided under subsection (a) shall include, | ||||||
24 | but are not limited to (i) the provision of sufficiently | ||||||
25 | private settings to ensure confidentiality and time off from |
| |||||||
| |||||||
1 | class for meetings with counselors or other service providers, | ||||||
2 | (ii) assisting the student with a student success plan, (iii) | ||||||
3 | transferring a victim of domestic or sexual violence or the | ||||||
4 | student perpetrator to a different classroom or school, if | ||||||
5 | available, (iv) changing a seating assignment, (v) | ||||||
6 | implementing in-school, school grounds, and bus safety | ||||||
7 | procedures, (vi) honoring court orders, including orders of | ||||||
8 | protection and no-contact orders to the fullest extent | ||||||
9 | possible, and (vii) providing any other supports that may | ||||||
10 | facilitate the full participation in the regular education | ||||||
11 | program of students who are parents, expectant parents, or | ||||||
12 | victims of domestic or sexual violence. | ||||||
13 | (c) If a student who is a parent, expectant parent, or | ||||||
14 | victim of domestic or sexual violence is a student at risk of | ||||||
15 | academic failure or displays poor academic performance, the | ||||||
16 | student or the student's parent or guardian may request that | ||||||
17 | the school district provide the student with or refer the | ||||||
18 | student to education and support services designed to assist | ||||||
19 | the student in meeting State learning standards. A school | ||||||
20 | district may either provide education or support services | ||||||
21 | directly or may collaborate with public or private State, | ||||||
22 | local, or community-based organizations or agencies that | ||||||
23 | provide these services. A school district must also inform | ||||||
24 | those students about support services of nonschool-based | ||||||
25 | organizations and agencies from which those students typically | ||||||
26 | receive services in the community. |
| |||||||
| |||||||
1 | (d) Any student who is unable, because of circumstances | ||||||
2 | related to the student's status as a parent, expectant parent, | ||||||
3 | or victim of domestic or sexual violence, to participate in | ||||||
4 | classes on a particular day or days or at the particular time | ||||||
5 | of day must be excused in accordance with the procedures set | ||||||
6 | forth in this Code. Upon student or parent or guardian's | ||||||
7 | request, the teachers and of the school administrative | ||||||
8 | personnel and officials shall make available to each student | ||||||
9 | who is unable to participate because of circumstances related | ||||||
10 | to the student's status as a parent, expectant parent, or | ||||||
11 | victim of domestic or sexual violence a meaningful opportunity | ||||||
12 | to make up any examination, study, or work requirement that | ||||||
13 | the student has missed because of the inability to participate | ||||||
14 | on any particular day or days or at any particular time of day. | ||||||
15 | For a student receiving homebound instruction, it is the | ||||||
16 | responsibility of the student and parent to work with the | ||||||
17 | school or school district to meet academic standards for | ||||||
18 | matriculation, as defined by school district policy. Costs | ||||||
19 | assessed by the school district on the student for | ||||||
20 | participation in those activities shall be considered waivable | ||||||
21 | fees for any student whose parent or guardian is unable to | ||||||
22 | afford them, consistent with Section 10-20.13. Each school | ||||||
23 | district must adopt written policies for waiver of those fees | ||||||
24 | in accordance with rules adopted by the State Board of | ||||||
25 | Education. | ||||||
26 | (e) If a school or school district employee or agent |
| |||||||
| |||||||
1 | becomes aware of or suspects a student's status as a parent, | ||||||
2 | expectant parent, or victim of domestic or sexual violence, it | ||||||
3 | is the responsibility of the employee or agent of the school or | ||||||
4 | school district to refer the student to the school district's | ||||||
5 | domestic or sexual violence and parenting resource personnel | ||||||
6 | set forth in Section 26A-35. A school district must make | ||||||
7 | respecting a student's privacy, confidentiality, mental and | ||||||
8 | physical health, and safety a paramount concern. | ||||||
9 | (f) Each school must honor a student's and a parent's or | ||||||
10 | guardian's decision to obtain education and support services | ||||||
11 | and nonschool-based support services, to terminate the receipt | ||||||
12 | of those education and support services, or nonschool-based | ||||||
13 | support services, or to decline participation in those | ||||||
14 | education and support services, or nonschool-based support | ||||||
15 | services. No student is obligated to use education and support | ||||||
16 | services, or nonschool-based support services. In developing | ||||||
17 | educational support services, the privacy, mental and physical | ||||||
18 | health, and safety of the student shall be of paramount | ||||||
19 | concern. No adverse or prejudicial effects may result to any | ||||||
20 | student because of the student's availing of or declining the | ||||||
21 | provisions of this Section as long as the student is working | ||||||
22 | with the school to meet academic standards for matriculation | ||||||
23 | as defined by school district policy. | ||||||
24 | (g) Any support services must be available in any school | ||||||
25 | or by home or hospital instruction to the highest quality and | ||||||
26 | fullest extent possible for the individual setting. |
| |||||||
| |||||||
1 | (h) School-based counseling services, if available, must | ||||||
2 | be offered to students who are parents, expectant parents, or | ||||||
3 | victims of domestic or sexual violence consistent with the | ||||||
4 | Mental Health and Developmental Disabilities Code. At least | ||||||
5 | once every school year, each school district must inform, in | ||||||
6 | writing, all school personnel and all students 12 years of age | ||||||
7 | or older of the availability of counseling without parental or | ||||||
8 | guardian consent under Section 3-5A-105 (to be renumbered as | ||||||
9 | Section 3-550 in a revisory bill as of the effective date of | ||||||
10 | this amendatory Act of the 102nd General Assembly) of the | ||||||
11 | Mental Health and Developmental Disabilities Code. This | ||||||
12 | information must also be provided to students immediately | ||||||
13 | after any school personnel becomes aware that a student is a | ||||||
14 | parent, expectant parent, or victim of domestic or sexual | ||||||
15 | violence. | ||||||
16 | (i) All domestic or sexual violence organizations and | ||||||
17 | their staff and any other nonschool organization and its staff | ||||||
18 | shall maintain confidentiality under federal and State laws | ||||||
19 | and their professional ethics policies regardless of when or | ||||||
20 | where information, advice, counseling, or any other | ||||||
21 | interaction with students takes place. A school or school | ||||||
22 | district may not request or require those organizations or | ||||||
23 | individuals to breach confidentiality. | ||||||
24 | (Source: P.A. 102-466, eff. 7-1-25; revised 4-3-23.)
| ||||||
25 | (105 ILCS 5/27-23.1) (from Ch. 122, par. 27-23.1) |
| |||||||
| |||||||
1 | Sec. 27-23.1. Parenting education. | ||||||
2 | (a) The State Board of Education must assist each school | ||||||
3 | district that offers an evidence-based parenting education | ||||||
4 | model. School districts may provide instruction in parenting | ||||||
5 | education for grades 6 through 12 and include such instruction | ||||||
6 | in the courses of study regularly taught therein. School | ||||||
7 | districts may give regular school credit for satisfactory | ||||||
8 | completion by the student of such courses. | ||||||
9 | As used in this subsection (a), "parenting education" | ||||||
10 | means and includes instruction in the following: | ||||||
11 | (1) Child growth and development, including prenatal | ||||||
12 | development. | ||||||
13 | (2) Childbirth and child care. | ||||||
14 | (3) Family structure, function , and management. | ||||||
15 | (4) Prenatal and postnatal care for mothers and | ||||||
16 | infants. | ||||||
17 | (5) Prevention of child abuse. | ||||||
18 | (6) The physical, mental, emotional, social, economic , | ||||||
19 | and psychological aspects of interpersonal and family | ||||||
20 | relationships. | ||||||
21 | (7) Parenting skill development. | ||||||
22 | The State Board of Education shall assist those districts | ||||||
23 | offering parenting education instruction, upon request, in | ||||||
24 | developing instructional materials, training teachers, and | ||||||
25 | establishing appropriate time allotments for each of the areas | ||||||
26 | included in such instruction. |
| |||||||
| |||||||
1 | School districts may offer parenting education courses | ||||||
2 | during that period of the day which is not part of the regular | ||||||
3 | school day. Residents of the school district may enroll in | ||||||
4 | such courses. The school board may establish fees and collect | ||||||
5 | such charges as may be necessary for attendance at such | ||||||
6 | courses in an amount not to exceed the per capita cost of the | ||||||
7 | operation thereof, except that the board may waive all or part | ||||||
8 | of such charges if it determines that the individual is | ||||||
9 | indigent or that the educational needs of the individual | ||||||
10 | requires his or her attendance at such courses. | ||||||
11 | (b) Beginning with the 2019-2020 school year, from | ||||||
12 | appropriations made for the purposes of this Section, the | ||||||
13 | State Board of Education shall implement and administer a | ||||||
14 | 7-year pilot program supporting the health and wellness | ||||||
15 | student-learning requirement by utilizing a unit of | ||||||
16 | instruction on parenting education in participating school | ||||||
17 | districts that maintain grades 9 through 12, to be determined | ||||||
18 | by the participating school districts. The program is | ||||||
19 | encouraged to include, but is not be limited to, instruction | ||||||
20 | on (i) family structure, function, and management, (ii) the | ||||||
21 | prevention of child abuse, (iii) the physical, mental, | ||||||
22 | emotional, social, economic, and psychological aspects of | ||||||
23 | interpersonal and family relationships, and (iv) parenting | ||||||
24 | education competency development that is aligned to the social | ||||||
25 | and emotional learning standards of the student's grade level. | ||||||
26 | Instruction under this subsection (b) may be included in the |
| |||||||
| |||||||
1 | Comprehensive Health Education Program set forth under Section | ||||||
2 | 3 of the Critical Health Problems and Comprehensive Health | ||||||
3 | Education Act. The State Board of Education is authorized to | ||||||
4 | make grants to school districts that apply to participate in | ||||||
5 | the pilot program under this subsection (b). The provisions of | ||||||
6 | this subsection (b), other than this sentence, are inoperative | ||||||
7 | at the conclusion of the pilot program. | ||||||
8 | (Source: P.A. 103-8, eff. 6-7-23; 103-175, eff. 6-30-23; | ||||||
9 | revised 9-5-23.)
| ||||||
10 | (105 ILCS 5/27A-3) | ||||||
11 | Sec. 27A-3. Definitions. For purposes of this Article: | ||||||
12 | "At-risk pupil" means a pupil who, because of physical, | ||||||
13 | emotional, socioeconomic, or cultural factors, is less likely | ||||||
14 | to succeed in a conventional educational environment. | ||||||
15 | "Authorizer" means an entity authorized under this Article | ||||||
16 | to review applications, decide whether to approve or reject | ||||||
17 | applications, enter into charter contracts with applicants, | ||||||
18 | oversee charter schools, and decide whether to renew, not | ||||||
19 | renew, or revoke a charter. | ||||||
20 | "Local school board" means the duly elected or appointed | ||||||
21 | school board or board of education of a public school | ||||||
22 | district, including special charter districts and school | ||||||
23 | districts located in cities having a population of more than | ||||||
24 | 500,000, organized under the laws of this State. | ||||||
25 | "State Board" means the State Board of Education. |
| |||||||
| |||||||
1 | "Union neutrality clause" means a provision whereby a | ||||||
2 | charter school agrees: (1) to be neutral regarding the | ||||||
3 | unionization of any of its employees, such that the charter | ||||||
4 | school will not at any time express a position on the matter of | ||||||
5 | whether its employees will be unionized and such that the | ||||||
6 | charter school will not threaten, intimidate, discriminate | ||||||
7 | against, retaliate against, or take any adverse action against | ||||||
8 | any employees based on their decision to support or oppose | ||||||
9 | union representation; (2) to provide any bona fide labor | ||||||
10 | organization access at reasonable times to areas in which the | ||||||
11 | charter school's employees work for the purpose of meeting | ||||||
12 | with employees to discuss their right to representation, | ||||||
13 | employment rights under the law, and terms and conditions of | ||||||
14 | employment; and (3) that union recognition shall be through a | ||||||
15 | majority card check verified by a neutral third-party | ||||||
16 | arbitrator mutually selected by the charter school and the | ||||||
17 | bona fide labor organization through alternate striking from a | ||||||
18 | panel of arbitrators provided by the Federal Mediation and | ||||||
19 | Conciliation Service. As used in this definition, "bona fide | ||||||
20 | labor organization" means a labor organization recognized | ||||||
21 | under the National Labor Relations Act or the Illinois | ||||||
22 | Educational Labor Relations Act. As used in this definition, | ||||||
23 | "employees" means non-represented, non-management, and | ||||||
24 | non-confidential employees of a charter school. | ||||||
25 | (Source: P.A. 103-175, eff. 6-30-23; 103-416, eff. 8-4-23; | ||||||
26 | revised 9-5-23.)
|
| |||||||
| |||||||
1 | (105 ILCS 5/27A-5) | ||||||
2 | (Text of Section before amendment by P.A. 102-466 and | ||||||
3 | 103-472 ) | ||||||
4 | Sec. 27A-5. Charter school; legal entity; requirements. | ||||||
5 | (a) A charter school shall be a public, nonsectarian, | ||||||
6 | nonreligious, non-home based, and non-profit school. A charter | ||||||
7 | school shall be organized and operated as a nonprofit | ||||||
8 | corporation or other discrete, legal, nonprofit entity | ||||||
9 | authorized under the laws of the State of Illinois. | ||||||
10 | (b) A charter school may be established under this Article | ||||||
11 | by creating a new school or by converting an existing public | ||||||
12 | school or attendance center to charter school status. In all | ||||||
13 | new applications to establish a charter school in a city | ||||||
14 | having a population exceeding 500,000, operation of the | ||||||
15 | charter school shall be limited to one campus. This limitation | ||||||
16 | does not apply to charter schools existing or approved on or | ||||||
17 | before April 16, 2003. | ||||||
18 | (b-5) (Blank). | ||||||
19 | (c) A charter school shall be administered and governed by | ||||||
20 | its board of directors or other governing body in the manner | ||||||
21 | provided in its charter. The governing body of a charter | ||||||
22 | school shall be subject to the Freedom of Information Act and | ||||||
23 | the Open Meetings Act. A charter school's board of directors | ||||||
24 | or other governing body must include at least one parent or | ||||||
25 | guardian of a pupil currently enrolled in the charter school |
| |||||||
| |||||||
1 | who may be selected through the charter school or a charter | ||||||
2 | network election, appointment by the charter school's board of | ||||||
3 | directors or other governing body, or by the charter school's | ||||||
4 | Parent Teacher Organization or its equivalent. | ||||||
5 | (c-5) No later than January 1, 2021 or within the first | ||||||
6 | year of his or her first term, every voting member of a charter | ||||||
7 | school's board of directors or other governing body shall | ||||||
8 | complete a minimum of 4 hours of professional development | ||||||
9 | leadership training to ensure that each member has sufficient | ||||||
10 | familiarity with the board's or governing body's role and | ||||||
11 | responsibilities, including financial oversight and | ||||||
12 | accountability of the school, evaluating the principal's and | ||||||
13 | school's performance, adherence to the Freedom of Information | ||||||
14 | Act and the Open Meetings Act, and compliance with education | ||||||
15 | and labor law. In each subsequent year of his or her term, a | ||||||
16 | voting member of a charter school's board of directors or | ||||||
17 | other governing body shall complete a minimum of 2 hours of | ||||||
18 | professional development training in these same areas. The | ||||||
19 | training under this subsection may be provided or certified by | ||||||
20 | a statewide charter school membership association or may be | ||||||
21 | provided or certified by other qualified providers approved by | ||||||
22 | the State Board. | ||||||
23 | (d) For purposes of this subsection (d), "non-curricular | ||||||
24 | health and safety requirement" means any health and safety | ||||||
25 | requirement created by statute or rule to provide, maintain, | ||||||
26 | preserve, or safeguard safe or healthful conditions for |
| |||||||
| |||||||
1 | students and school personnel or to eliminate, reduce, or | ||||||
2 | prevent threats to the health and safety of students and | ||||||
3 | school personnel. "Non-curricular health and safety | ||||||
4 | requirement" does not include any course of study or | ||||||
5 | specialized instructional requirement for which the State | ||||||
6 | Board has established goals and learning standards or which is | ||||||
7 | designed primarily to impart knowledge and skills for students | ||||||
8 | to master and apply as an outcome of their education. | ||||||
9 | A charter school shall comply with all non-curricular | ||||||
10 | health and safety requirements applicable to public schools | ||||||
11 | under the laws of the State of Illinois. The State Board shall | ||||||
12 | promulgate and post on its Internet website a list of | ||||||
13 | non-curricular health and safety requirements that a charter | ||||||
14 | school must meet. The list shall be updated annually no later | ||||||
15 | than September 1. Any charter contract between a charter | ||||||
16 | school and its authorizer must contain a provision that | ||||||
17 | requires the charter school to follow the list of all | ||||||
18 | non-curricular health and safety requirements promulgated by | ||||||
19 | the State Board and any non-curricular health and safety | ||||||
20 | requirements added by the State Board to such list during the | ||||||
21 | term of the charter. Nothing in this subsection (d) precludes | ||||||
22 | an authorizer from including non-curricular health and safety | ||||||
23 | requirements in a charter school contract that are not | ||||||
24 | contained in the list promulgated by the State Board, | ||||||
25 | including non-curricular health and safety requirements of the | ||||||
26 | authorizing local school board. |
| |||||||
| |||||||
1 | (e) Except as otherwise provided in the School Code, a | ||||||
2 | charter school shall not charge tuition; provided that a | ||||||
3 | charter school may charge reasonable fees for textbooks, | ||||||
4 | instructional materials, and student activities. | ||||||
5 | (f) A charter school shall be responsible for the | ||||||
6 | management and operation of its fiscal affairs, including, but | ||||||
7 | not limited to, the preparation of its budget. An audit of each | ||||||
8 | charter school's finances shall be conducted annually by an | ||||||
9 | outside, independent contractor retained by the charter | ||||||
10 | school. The contractor shall not be an employee of the charter | ||||||
11 | school or affiliated with the charter school or its authorizer | ||||||
12 | in any way, other than to audit the charter school's finances. | ||||||
13 | To ensure financial accountability for the use of public | ||||||
14 | funds, on or before December 1 of every year of operation, each | ||||||
15 | charter school shall submit to its authorizer and the State | ||||||
16 | Board a copy of its audit and a copy of the Form 990 the | ||||||
17 | charter school filed that year with the federal Internal | ||||||
18 | Revenue Service. In addition, if deemed necessary for proper | ||||||
19 | financial oversight of the charter school, an authorizer may | ||||||
20 | require quarterly financial statements from each charter | ||||||
21 | school. | ||||||
22 | (g) A charter school shall comply with all provisions of | ||||||
23 | this Article, the Illinois Educational Labor Relations Act, | ||||||
24 | all federal and State laws and rules applicable to public | ||||||
25 | schools that pertain to special education and the instruction | ||||||
26 | of English learners, and its charter. A charter school is |
| |||||||
| |||||||
1 | exempt from all other State laws and regulations in this Code | ||||||
2 | governing public schools and local school board policies; | ||||||
3 | however, a charter school is not exempt from the following: | ||||||
4 | (1) Sections 10-21.9 and 34-18.5 of this Code | ||||||
5 | regarding criminal history records checks and checks of | ||||||
6 | the Statewide Sex Offender Database and Statewide Murderer | ||||||
7 | and Violent Offender Against Youth Database of applicants | ||||||
8 | for employment; | ||||||
9 | (2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and | ||||||
10 | 34-84a of this Code regarding discipline of students; | ||||||
11 | (3) the Local Governmental and Governmental Employees | ||||||
12 | Tort Immunity Act; | ||||||
13 | (4) Section 108.75 of the General Not For Profit | ||||||
14 | Corporation Act of 1986 regarding indemnification of | ||||||
15 | officers, directors, employees, and agents; | ||||||
16 | (5) the Abused and Neglected Child Reporting Act; | ||||||
17 | (5.5) subsection (b) of Section 10-23.12 and | ||||||
18 | subsection (b) of Section 34-18.6 of this Code; | ||||||
19 | (6) the Illinois School Student Records Act; | ||||||
20 | (7) Section 10-17a of this Code regarding school | ||||||
21 | report cards; | ||||||
22 | (8) the P-20 Longitudinal Education Data System Act; | ||||||
23 | (9) Section 27-23.7 of this Code regarding bullying | ||||||
24 | prevention; | ||||||
25 | (10) Section 2-3.162 of this Code regarding student | ||||||
26 | discipline reporting; |
| |||||||
| |||||||
1 | (11) Sections 22-80 and 27-8.1 of this Code; | ||||||
2 | (12) Sections 10-20.60 and 34-18.53 of this Code; | ||||||
3 | (13) Sections 10-20.63 and 34-18.56 of this Code; | ||||||
4 | (14) Sections 22-90 and 26-18 of this Code; | ||||||
5 | (15) Section 22-30 of this Code; | ||||||
6 | (16) Sections 24-12 and 34-85 of this Code; | ||||||
7 | (17) the Seizure Smart School Act; | ||||||
8 | (18) Section 2-3.64a-10 of this Code; | ||||||
9 | (19) Sections 10-20.73 and 34-21.9 of this Code; | ||||||
10 | (20) Section 10-22.25b of this Code; | ||||||
11 | (21) Section 27-9.1a of this Code; | ||||||
12 | (22) Section 27-9.1b of this Code; | ||||||
13 | (23) Section 34-18.8 of this Code; | ||||||
14 | (25) Section 2-3.188 of this Code; | ||||||
15 | (26) Section 22-85.5 of this Code; | ||||||
16 | (27) subsections (d-10), (d-15), and (d-20) of Section | ||||||
17 | 10-20.56 of this Code; | ||||||
18 | (28) Sections 10-20.83 and 34-18.78 of this Code; | ||||||
19 | (29) Section 10-20.13 of this Code; | ||||||
20 | (30) Section 28-19.2 of this Code; | ||||||
21 | (31) Section 34-21.6 of this Code; and | ||||||
22 | (32) Section 22-85.10 of this Code. | ||||||
23 | The change made by Public Act 96-104 to this subsection | ||||||
24 | (g) is declaratory of existing law. | ||||||
25 | (h) A charter school may negotiate and contract with a | ||||||
26 | school district, the governing body of a State college or |
| |||||||
| |||||||
1 | university or public community college, or any other public or | ||||||
2 | for-profit or nonprofit private entity for: (i) the use of a | ||||||
3 | school building and grounds or any other real property or | ||||||
4 | facilities that the charter school desires to use or convert | ||||||
5 | for use as a charter school site, (ii) the operation and | ||||||
6 | maintenance thereof, and (iii) the provision of any service, | ||||||
7 | activity, or undertaking that the charter school is required | ||||||
8 | to perform in order to carry out the terms of its charter. | ||||||
9 | Except as provided in subsection (i) of this Section, a school | ||||||
10 | district may charge a charter school reasonable rent for the | ||||||
11 | use of the district's buildings, grounds, and facilities. Any | ||||||
12 | services for which a charter school contracts with a school | ||||||
13 | district shall be provided by the district at cost. Any | ||||||
14 | services for which a charter school contracts with a local | ||||||
15 | school board or with the governing body of a State college or | ||||||
16 | university or public community college shall be provided by | ||||||
17 | the public entity at cost. | ||||||
18 | (i) In no event shall a charter school that is established | ||||||
19 | by converting an existing school or attendance center to | ||||||
20 | charter school status be required to pay rent for space that is | ||||||
21 | deemed available, as negotiated and provided in the charter | ||||||
22 | agreement, in school district facilities. However, all other | ||||||
23 | costs for the operation and maintenance of school district | ||||||
24 | facilities that are used by the charter school shall be | ||||||
25 | subject to negotiation between the charter school and the | ||||||
26 | local school board and shall be set forth in the charter. |
| |||||||
| |||||||
1 | (j) A charter school may limit student enrollment by age | ||||||
2 | or grade level. | ||||||
3 | (k) If the charter school is authorized by the State | ||||||
4 | Board, then the charter school is its own local education | ||||||
5 | agency. | ||||||
6 | (Source: P.A. 102-51, eff. 7-9-21; 102-157, eff. 7-1-22; | ||||||
7 | 102-360, eff. 1-1-22; 102-445, eff. 8-20-21; 102-522, eff. | ||||||
8 | 8-20-21; 102-558, eff. 8-20-21; 102-676, eff. 12-3-21; | ||||||
9 | 102-697, eff. 4-5-22; 102-702, eff. 7-1-23; 102-805, eff. | ||||||
10 | 1-1-23; 102-813, eff. 5-13-22; 103-154, eff. 6-30-23; 103-175, | ||||||
11 | eff. 6-30-23.)
| ||||||
12 | (Text of Section after amendment by P.A. 103-472 but | ||||||
13 | before amendment by P.A. 102-466 ) | ||||||
14 | Sec. 27A-5. Charter school; legal entity; requirements. | ||||||
15 | (a) A charter school shall be a public, nonsectarian, | ||||||
16 | nonreligious, non-home based, and non-profit school. A charter | ||||||
17 | school shall be organized and operated as a nonprofit | ||||||
18 | corporation or other discrete, legal, nonprofit entity | ||||||
19 | authorized under the laws of the State of Illinois. | ||||||
20 | (b) A charter school may be established under this Article | ||||||
21 | by creating a new school or by converting an existing public | ||||||
22 | school or attendance center to charter school status. In all | ||||||
23 | new applications to establish a charter school in a city | ||||||
24 | having a population exceeding 500,000, operation of the | ||||||
25 | charter school shall be limited to one campus. This limitation |
| |||||||
| |||||||
1 | does not apply to charter schools existing or approved on or | ||||||
2 | before April 16, 2003. | ||||||
3 | (b-5) (Blank). | ||||||
4 | (c) A charter school shall be administered and governed by | ||||||
5 | its board of directors or other governing body in the manner | ||||||
6 | provided in its charter. The governing body of a charter | ||||||
7 | school shall be subject to the Freedom of Information Act and | ||||||
8 | the Open Meetings Act. A charter school's board of directors | ||||||
9 | or other governing body must include at least one parent or | ||||||
10 | guardian of a pupil currently enrolled in the charter school | ||||||
11 | who may be selected through the charter school or a charter | ||||||
12 | network election, appointment by the charter school's board of | ||||||
13 | directors or other governing body, or by the charter school's | ||||||
14 | Parent Teacher Organization or its equivalent. | ||||||
15 | (c-5) No later than January 1, 2021 or within the first | ||||||
16 | year of his or her first term, every voting member of a charter | ||||||
17 | school's board of directors or other governing body shall | ||||||
18 | complete a minimum of 4 hours of professional development | ||||||
19 | leadership training to ensure that each member has sufficient | ||||||
20 | familiarity with the board's or governing body's role and | ||||||
21 | responsibilities, including financial oversight and | ||||||
22 | accountability of the school, evaluating the principal's and | ||||||
23 | school's performance, adherence to the Freedom of Information | ||||||
24 | Act and the Open Meetings Act, and compliance with education | ||||||
25 | and labor law. In each subsequent year of his or her term, a | ||||||
26 | voting member of a charter school's board of directors or |
| |||||||
| |||||||
1 | other governing body shall complete a minimum of 2 hours of | ||||||
2 | professional development training in these same areas. The | ||||||
3 | training under this subsection may be provided or certified by | ||||||
4 | a statewide charter school membership association or may be | ||||||
5 | provided or certified by other qualified providers approved by | ||||||
6 | the State Board. | ||||||
7 | (d) For purposes of this subsection (d), "non-curricular | ||||||
8 | health and safety requirement" means any health and safety | ||||||
9 | requirement created by statute or rule to provide, maintain, | ||||||
10 | preserve, or safeguard safe or healthful conditions for | ||||||
11 | students and school personnel or to eliminate, reduce, or | ||||||
12 | prevent threats to the health and safety of students and | ||||||
13 | school personnel. "Non-curricular health and safety | ||||||
14 | requirement" does not include any course of study or | ||||||
15 | specialized instructional requirement for which the State | ||||||
16 | Board has established goals and learning standards or which is | ||||||
17 | designed primarily to impart knowledge and skills for students | ||||||
18 | to master and apply as an outcome of their education. | ||||||
19 | A charter school shall comply with all non-curricular | ||||||
20 | health and safety requirements applicable to public schools | ||||||
21 | under the laws of the State of Illinois. The State Board shall | ||||||
22 | promulgate and post on its Internet website a list of | ||||||
23 | non-curricular health and safety requirements that a charter | ||||||
24 | school must meet. The list shall be updated annually no later | ||||||
25 | than September 1. Any charter contract between a charter | ||||||
26 | school and its authorizer must contain a provision that |
| |||||||
| |||||||
1 | requires the charter school to follow the list of all | ||||||
2 | non-curricular health and safety requirements promulgated by | ||||||
3 | the State Board and any non-curricular health and safety | ||||||
4 | requirements added by the State Board to such list during the | ||||||
5 | term of the charter. Nothing in this subsection (d) precludes | ||||||
6 | an authorizer from including non-curricular health and safety | ||||||
7 | requirements in a charter school contract that are not | ||||||
8 | contained in the list promulgated by the State Board, | ||||||
9 | including non-curricular health and safety requirements of the | ||||||
10 | authorizing local school board. | ||||||
11 | (e) Except as otherwise provided in the School Code, a | ||||||
12 | charter school shall not charge tuition; provided that a | ||||||
13 | charter school may charge reasonable fees for textbooks, | ||||||
14 | instructional materials, and student activities. | ||||||
15 | (f) A charter school shall be responsible for the | ||||||
16 | management and operation of its fiscal affairs, including, but | ||||||
17 | not limited to, the preparation of its budget. An audit of each | ||||||
18 | charter school's finances shall be conducted annually by an | ||||||
19 | outside, independent contractor retained by the charter | ||||||
20 | school. The contractor shall not be an employee of the charter | ||||||
21 | school or affiliated with the charter school or its authorizer | ||||||
22 | in any way, other than to audit the charter school's finances. | ||||||
23 | To ensure financial accountability for the use of public | ||||||
24 | funds, on or before December 1 of every year of operation, each | ||||||
25 | charter school shall submit to its authorizer and the State | ||||||
26 | Board a copy of its audit and a copy of the Form 990 the |
| |||||||
| |||||||
1 | charter school filed that year with the federal Internal | ||||||
2 | Revenue Service. In addition, if deemed necessary for proper | ||||||
3 | financial oversight of the charter school, an authorizer may | ||||||
4 | require quarterly financial statements from each charter | ||||||
5 | school. | ||||||
6 | (g) A charter school shall comply with all provisions of | ||||||
7 | this Article, the Illinois Educational Labor Relations Act, | ||||||
8 | all federal and State laws and rules applicable to public | ||||||
9 | schools that pertain to special education and the instruction | ||||||
10 | of English learners, and its charter. A charter school is | ||||||
11 | exempt from all other State laws and regulations in this Code | ||||||
12 | governing public schools and local school board policies; | ||||||
13 | however, a charter school is not exempt from the following: | ||||||
14 | (1) Sections 10-21.9 and 34-18.5 of this Code | ||||||
15 | regarding criminal history records checks and checks of | ||||||
16 | the Statewide Sex Offender Database and Statewide Murderer | ||||||
17 | and Violent Offender Against Youth Database of applicants | ||||||
18 | for employment; | ||||||
19 | (2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and | ||||||
20 | 34-84a of this Code regarding discipline of students; | ||||||
21 | (3) the Local Governmental and Governmental Employees | ||||||
22 | Tort Immunity Act; | ||||||
23 | (4) Section 108.75 of the General Not For Profit | ||||||
24 | Corporation Act of 1986 regarding indemnification of | ||||||
25 | officers, directors, employees, and agents; | ||||||
26 | (5) the Abused and Neglected Child Reporting Act; |
| |||||||
| |||||||
1 | (5.5) subsection (b) of Section 10-23.12 and | ||||||
2 | subsection (b) of Section 34-18.6 of this Code; | ||||||
3 | (6) the Illinois School Student Records Act; | ||||||
4 | (7) Section 10-17a of this Code regarding school | ||||||
5 | report cards; | ||||||
6 | (8) the P-20 Longitudinal Education Data System Act; | ||||||
7 | (9) Section 27-23.7 of this Code regarding bullying | ||||||
8 | prevention; | ||||||
9 | (10) Section 2-3.162 of this Code regarding student | ||||||
10 | discipline reporting; | ||||||
11 | (11) Sections 22-80 and 27-8.1 of this Code; | ||||||
12 | (12) Sections 10-20.60 and 34-18.53 of this Code; | ||||||
13 | (13) Sections 10-20.63 and 34-18.56 of this Code; | ||||||
14 | (14) Sections 22-90 and 26-18 of this Code; | ||||||
15 | (15) Section 22-30 of this Code; | ||||||
16 | (16) Sections 24-12 and 34-85 of this Code; | ||||||
17 | (17) the Seizure Smart School Act; | ||||||
18 | (18) Section 2-3.64a-10 of this Code; | ||||||
19 | (19) Sections 10-20.73 and 34-21.9 of this Code; | ||||||
20 | (20) Section 10-22.25b of this Code; | ||||||
21 | (21) Section 27-9.1a of this Code; | ||||||
22 | (22) Section 27-9.1b of this Code; | ||||||
23 | (23) Section 34-18.8 of this Code; | ||||||
24 | (25) Section 2-3.188 of this Code; | ||||||
25 | (26) Section 22-85.5 of this Code; | ||||||
26 | (27) subsections (d-10), (d-15), and (d-20) of Section |
| |||||||
| |||||||
1 | 10-20.56 of this Code; | ||||||
2 | (28) Sections 10-20.83 and 34-18.78 of this Code; | ||||||
3 | (29) Section 10-20.13 of this Code; | ||||||
4 | (30) Section 28-19.2 of this Code; | ||||||
5 | (31) Section 34-21.6 of this Code; and | ||||||
6 | (32) Section 22-85.10 of this Code; | ||||||
7 | (33) Section 2-3.196 of this Code; | ||||||
8 | (34) Section 22-95 of this Code; | ||||||
9 | (35) Section 34-18.62 of this Code; and | ||||||
10 | (36) the Illinois Human Rights Act. | ||||||
11 | The change made by Public Act 96-104 to this subsection | ||||||
12 | (g) is declaratory of existing law. | ||||||
13 | (h) A charter school may negotiate and contract with a | ||||||
14 | school district, the governing body of a State college or | ||||||
15 | university or public community college, or any other public or | ||||||
16 | for-profit or nonprofit private entity for: (i) the use of a | ||||||
17 | school building and grounds or any other real property or | ||||||
18 | facilities that the charter school desires to use or convert | ||||||
19 | for use as a charter school site, (ii) the operation and | ||||||
20 | maintenance thereof, and (iii) the provision of any service, | ||||||
21 | activity, or undertaking that the charter school is required | ||||||
22 | to perform in order to carry out the terms of its charter. | ||||||
23 | Except as provided in subsection (i) of this Section, a school | ||||||
24 | district may charge a charter school reasonable rent for the | ||||||
25 | use of the district's buildings, grounds, and facilities. Any | ||||||
26 | services for which a charter school contracts with a school |
| |||||||
| |||||||
1 | district shall be provided by the district at cost. Any | ||||||
2 | services for which a charter school contracts with a local | ||||||
3 | school board or with the governing body of a State college or | ||||||
4 | university or public community college shall be provided by | ||||||
5 | the public entity at cost. | ||||||
6 | (i) In no event shall a charter school that is established | ||||||
7 | by converting an existing school or attendance center to | ||||||
8 | charter school status be required to pay rent for space that is | ||||||
9 | deemed available, as negotiated and provided in the charter | ||||||
10 | agreement, in school district facilities. However, all other | ||||||
11 | costs for the operation and maintenance of school district | ||||||
12 | facilities that are used by the charter school shall be | ||||||
13 | subject to negotiation between the charter school and the | ||||||
14 | local school board and shall be set forth in the charter. | ||||||
15 | (j) A charter school may limit student enrollment by age | ||||||
16 | or grade level. | ||||||
17 | (k) If the charter school is authorized by the State | ||||||
18 | Board, then the charter school is its own local education | ||||||
19 | agency. | ||||||
20 | (Source: P.A. 102-51, eff. 7-9-21; 102-157, eff. 7-1-22; | ||||||
21 | 102-360, eff. 1-1-22; 102-445, eff. 8-20-21; 102-522, eff. | ||||||
22 | 8-20-21; 102-558, eff. 8-20-21; 102-676, eff. 12-3-21; | ||||||
23 | 102-697, eff. 4-5-22; 102-702, eff. 7-1-23; 102-805, eff. | ||||||
24 | 1-1-23; 102-813, eff. 5-13-22; 103-154, eff. 6-30-23; 103-175, | ||||||
25 | eff. 6-30-23; 103-472, eff. 8-1-24; revised 8-31-23.)
|
| |||||||
| |||||||
1 | (Text of Section after amendment by P.A. 102-466 ) | ||||||
2 | Sec. 27A-5. Charter school; legal entity; requirements. | ||||||
3 | (a) A charter school shall be a public, nonsectarian, | ||||||
4 | nonreligious, non-home based, and non-profit school. A charter | ||||||
5 | school shall be organized and operated as a nonprofit | ||||||
6 | corporation or other discrete, legal, nonprofit entity | ||||||
7 | authorized under the laws of the State of Illinois. | ||||||
8 | (b) A charter school may be established under this Article | ||||||
9 | by creating a new school or by converting an existing public | ||||||
10 | school or attendance center to charter school status. In all | ||||||
11 | new applications to establish a charter school in a city | ||||||
12 | having a population exceeding 500,000, operation of the | ||||||
13 | charter school shall be limited to one campus. This limitation | ||||||
14 | does not apply to charter schools existing or approved on or | ||||||
15 | before April 16, 2003. | ||||||
16 | (b-5) (Blank). | ||||||
17 | (c) A charter school shall be administered and governed by | ||||||
18 | its board of directors or other governing body in the manner | ||||||
19 | provided in its charter. The governing body of a charter | ||||||
20 | school shall be subject to the Freedom of Information Act and | ||||||
21 | the Open Meetings Act. A charter school's board of directors | ||||||
22 | or other governing body must include at least one parent or | ||||||
23 | guardian of a pupil currently enrolled in the charter school | ||||||
24 | who may be selected through the charter school or a charter | ||||||
25 | network election, appointment by the charter school's board of | ||||||
26 | directors or other governing body, or by the charter school's |
| |||||||
| |||||||
1 | Parent Teacher Organization or its equivalent. | ||||||
2 | (c-5) No later than January 1, 2021 or within the first | ||||||
3 | year of his or her first term, every voting member of a charter | ||||||
4 | school's board of directors or other governing body shall | ||||||
5 | complete a minimum of 4 hours of professional development | ||||||
6 | leadership training to ensure that each member has sufficient | ||||||
7 | familiarity with the board's or governing body's role and | ||||||
8 | responsibilities, including financial oversight and | ||||||
9 | accountability of the school, evaluating the principal's and | ||||||
10 | school's performance, adherence to the Freedom of Information | ||||||
11 | Act and the Open Meetings Act, and compliance with education | ||||||
12 | and labor law. In each subsequent year of his or her term, a | ||||||
13 | voting member of a charter school's board of directors or | ||||||
14 | other governing body shall complete a minimum of 2 hours of | ||||||
15 | professional development training in these same areas. The | ||||||
16 | training under this subsection may be provided or certified by | ||||||
17 | a statewide charter school membership association or may be | ||||||
18 | provided or certified by other qualified providers approved by | ||||||
19 | the State Board. | ||||||
20 | (d) For purposes of this subsection (d), "non-curricular | ||||||
21 | health and safety requirement" means any health and safety | ||||||
22 | requirement created by statute or rule to provide, maintain, | ||||||
23 | preserve, or safeguard safe or healthful conditions for | ||||||
24 | students and school personnel or to eliminate, reduce, or | ||||||
25 | prevent threats to the health and safety of students and | ||||||
26 | school personnel. "Non-curricular health and safety |
| |||||||
| |||||||
1 | requirement" does not include any course of study or | ||||||
2 | specialized instructional requirement for which the State | ||||||
3 | Board has established goals and learning standards or which is | ||||||
4 | designed primarily to impart knowledge and skills for students | ||||||
5 | to master and apply as an outcome of their education. | ||||||
6 | A charter school shall comply with all non-curricular | ||||||
7 | health and safety requirements applicable to public schools | ||||||
8 | under the laws of the State of Illinois. The State Board shall | ||||||
9 | promulgate and post on its Internet website a list of | ||||||
10 | non-curricular health and safety requirements that a charter | ||||||
11 | school must meet. The list shall be updated annually no later | ||||||
12 | than September 1. Any charter contract between a charter | ||||||
13 | school and its authorizer must contain a provision that | ||||||
14 | requires the charter school to follow the list of all | ||||||
15 | non-curricular health and safety requirements promulgated by | ||||||
16 | the State Board and any non-curricular health and safety | ||||||
17 | requirements added by the State Board to such list during the | ||||||
18 | term of the charter. Nothing in this subsection (d) precludes | ||||||
19 | an authorizer from including non-curricular health and safety | ||||||
20 | requirements in a charter school contract that are not | ||||||
21 | contained in the list promulgated by the State Board, | ||||||
22 | including non-curricular health and safety requirements of the | ||||||
23 | authorizing local school board. | ||||||
24 | (e) Except as otherwise provided in the School Code, a | ||||||
25 | charter school shall not charge tuition; provided that a | ||||||
26 | charter school may charge reasonable fees for textbooks, |
| |||||||
| |||||||
1 | instructional materials, and student activities. | ||||||
2 | (f) A charter school shall be responsible for the | ||||||
3 | management and operation of its fiscal affairs, including, but | ||||||
4 | not limited to, the preparation of its budget. An audit of each | ||||||
5 | charter school's finances shall be conducted annually by an | ||||||
6 | outside, independent contractor retained by the charter | ||||||
7 | school. The contractor shall not be an employee of the charter | ||||||
8 | school or affiliated with the charter school or its authorizer | ||||||
9 | in any way, other than to audit the charter school's finances. | ||||||
10 | To ensure financial accountability for the use of public | ||||||
11 | funds, on or before December 1 of every year of operation, each | ||||||
12 | charter school shall submit to its authorizer and the State | ||||||
13 | Board a copy of its audit and a copy of the Form 990 the | ||||||
14 | charter school filed that year with the federal Internal | ||||||
15 | Revenue Service. In addition, if deemed necessary for proper | ||||||
16 | financial oversight of the charter school, an authorizer may | ||||||
17 | require quarterly financial statements from each charter | ||||||
18 | school. | ||||||
19 | (g) A charter school shall comply with all provisions of | ||||||
20 | this Article, the Illinois Educational Labor Relations Act, | ||||||
21 | all federal and State laws and rules applicable to public | ||||||
22 | schools that pertain to special education and the instruction | ||||||
23 | of English learners, and its charter. A charter school is | ||||||
24 | exempt from all other State laws and regulations in this Code | ||||||
25 | governing public schools and local school board policies; | ||||||
26 | however, a charter school is not exempt from the following: |
| |||||||
| |||||||
1 | (1) Sections 10-21.9 and 34-18.5 of this Code | ||||||
2 | regarding criminal history records checks and checks of | ||||||
3 | the Statewide Sex Offender Database and Statewide Murderer | ||||||
4 | and Violent Offender Against Youth Database of applicants | ||||||
5 | for employment; | ||||||
6 | (2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and | ||||||
7 | 34-84a of this Code regarding discipline of students; | ||||||
8 | (3) the Local Governmental and Governmental Employees | ||||||
9 | Tort Immunity Act; | ||||||
10 | (4) Section 108.75 of the General Not For Profit | ||||||
11 | Corporation Act of 1986 regarding indemnification of | ||||||
12 | officers, directors, employees, and agents; | ||||||
13 | (5) the Abused and Neglected Child Reporting Act; | ||||||
14 | (5.5) subsection (b) of Section 10-23.12 and | ||||||
15 | subsection (b) of Section 34-18.6 of this Code; | ||||||
16 | (6) the Illinois School Student Records Act; | ||||||
17 | (7) Section 10-17a of this Code regarding school | ||||||
18 | report cards; | ||||||
19 | (8) the P-20 Longitudinal Education Data System Act; | ||||||
20 | (9) Section 27-23.7 of this Code regarding bullying | ||||||
21 | prevention; | ||||||
22 | (10) Section 2-3.162 of this Code regarding student | ||||||
23 | discipline reporting; | ||||||
24 | (11) Sections 22-80 and 27-8.1 of this Code; | ||||||
25 | (12) Sections 10-20.60 and 34-18.53 of this Code; | ||||||
26 | (13) Sections 10-20.63 and 34-18.56 of this Code; |
| |||||||
| |||||||
1 | (14) Sections 22-90 and 26-18 of this Code; | ||||||
2 | (15) Section 22-30 of this Code; | ||||||
3 | (16) Sections 24-12 and 34-85 of this Code; | ||||||
4 | (17) the Seizure Smart School Act; | ||||||
5 | (18) Section 2-3.64a-10 of this Code; | ||||||
6 | (19) Sections 10-20.73 and 34-21.9 of this Code; | ||||||
7 | (20) Section 10-22.25b of this Code; | ||||||
8 | (21) Section 27-9.1a of this Code; | ||||||
9 | (22) Section 27-9.1b of this Code; | ||||||
10 | (23) Section 34-18.8 of this Code; | ||||||
11 | (24) Article 26A of this Code; | ||||||
12 | (25) Section 2-3.188 of this Code; | ||||||
13 | (26) Section 22-85.5 of this Code; | ||||||
14 | (27) subsections (d-10), (d-15), and (d-20) of Section | ||||||
15 | 10-20.56 of this Code; | ||||||
16 | (28) Sections 10-20.83 and 34-18.78 of this Code; | ||||||
17 | (29) Section 10-20.13 of this Code; | ||||||
18 | (30) Section 28-19.2 of this Code; | ||||||
19 | (31) Section 34-21.6 of this Code; and | ||||||
20 | (32) Section 22-85.10 of this Code; | ||||||
21 | (33) Section 2-3.196 of this Code; | ||||||
22 | (34) Section 22-95 of this Code; | ||||||
23 | (35) Section 34-18.62 of this Code; and | ||||||
24 | (36) the Illinois Human Rights Act. | ||||||
25 | The change made by Public Act 96-104 to this subsection | ||||||
26 | (g) is declaratory of existing law. |
| |||||||
| |||||||
1 | (h) A charter school may negotiate and contract with a | ||||||
2 | school district, the governing body of a State college or | ||||||
3 | university or public community college, or any other public or | ||||||
4 | for-profit or nonprofit private entity for: (i) the use of a | ||||||
5 | school building and grounds or any other real property or | ||||||
6 | facilities that the charter school desires to use or convert | ||||||
7 | for use as a charter school site, (ii) the operation and | ||||||
8 | maintenance thereof, and (iii) the provision of any service, | ||||||
9 | activity, or undertaking that the charter school is required | ||||||
10 | to perform in order to carry out the terms of its charter. | ||||||
11 | Except as provided in subsection (i) of this Section, a school | ||||||
12 | district may charge a charter school reasonable rent for the | ||||||
13 | use of the district's buildings, grounds, and facilities. Any | ||||||
14 | services for which a charter school contracts with a school | ||||||
15 | district shall be provided by the district at cost. Any | ||||||
16 | services for which a charter school contracts with a local | ||||||
17 | school board or with the governing body of a State college or | ||||||
18 | university or public community college shall be provided by | ||||||
19 | the public entity at cost. | ||||||
20 | (i) In no event shall a charter school that is established | ||||||
21 | by converting an existing school or attendance center to | ||||||
22 | charter school status be required to pay rent for space that is | ||||||
23 | deemed available, as negotiated and provided in the charter | ||||||
24 | agreement, in school district facilities. However, all other | ||||||
25 | costs for the operation and maintenance of school district | ||||||
26 | facilities that are used by the charter school shall be |
| |||||||
| |||||||
1 | subject to negotiation between the charter school and the | ||||||
2 | local school board and shall be set forth in the charter. | ||||||
3 | (j) A charter school may limit student enrollment by age | ||||||
4 | or grade level. | ||||||
5 | (k) If the charter school is authorized by the State | ||||||
6 | Board, then the charter school is its own local education | ||||||
7 | agency. | ||||||
8 | (Source: P.A. 102-51, eff. 7-9-21; 102-157, eff. 7-1-22; | ||||||
9 | 102-360, eff. 1-1-22; 102-445, eff. 8-20-21; 102-466, eff. | ||||||
10 | 7-1-25; 102-522, eff. 8-20-21; 102-558, eff. 8-20-21; 102-676, | ||||||
11 | eff. 12-3-21; 102-697, eff. 4-5-22; 102-702, eff. 7-1-23; | ||||||
12 | 102-805, eff. 1-1-23; 102-813, eff. 5-13-22; 103-154, eff. | ||||||
13 | 6-30-23; 103-175, eff. 6-30-23; 103-472, eff. 8-1-24; revised | ||||||
14 | 8-31-23.)
| ||||||
15 | (105 ILCS 5/27A-6) | ||||||
16 | Sec. 27A-6. Contract contents; applicability of laws and | ||||||
17 | regulations. | ||||||
18 | (a) A certified charter shall constitute a binding | ||||||
19 | contract and agreement between the charter school and a local | ||||||
20 | school board under the terms of which the local school board | ||||||
21 | authorizes the governing body of the charter school to operate | ||||||
22 | the charter school on the terms specified in the contract. | ||||||
23 | (b) Notwithstanding any other provision of this Article, | ||||||
24 | the certified charter may not waive or release the charter | ||||||
25 | school from the State goals, standards, and assessments |
| |||||||
| |||||||
1 | established pursuant to Section 2-3.64a-5 of this Code. The | ||||||
2 | certified charter for a charter school operating in a city | ||||||
3 | having a population exceeding 500,000 shall require the | ||||||
4 | charter school to administer any other nationally recognized | ||||||
5 | standardized tests to its students that the chartering entity | ||||||
6 | administers to other students, and the results on such tests | ||||||
7 | shall be included in the chartering entity's assessment | ||||||
8 | reports. | ||||||
9 | (c) Subject to the provisions of subsection (e), a | ||||||
10 | material revision to a previously certified contract or a | ||||||
11 | renewal shall be made with the approval of both the local | ||||||
12 | school board and the governing body of the charter school. | ||||||
13 | (c-5) The proposed contract shall include a provision on | ||||||
14 | how both parties will address minor violations of the | ||||||
15 | contract. | ||||||
16 | (c-10) After August 4, 2023 ( the effective date of Public | ||||||
17 | Act 103-416) this amendatory Act of the 103rd General | ||||||
18 | Assembly , any renewal of a certified charter must include a | ||||||
19 | union neutrality clause. | ||||||
20 | (d) The proposed contract between the governing body of a | ||||||
21 | proposed charter school and the local school board as | ||||||
22 | described in Section 27A-7 must be submitted to and certified | ||||||
23 | by the State Board before it can take effect. If the State | ||||||
24 | Board recommends that the proposed contract be modified for | ||||||
25 | consistency with this Article before it can be certified, the | ||||||
26 | modifications must be consented to by both the governing body |
| |||||||
| |||||||
1 | of the charter school and the local school board, and | ||||||
2 | resubmitted to the State Board for its certification. If the | ||||||
3 | proposed contract is resubmitted in a form that is not | ||||||
4 | consistent with this Article, the State Board may refuse to | ||||||
5 | certify the charter. | ||||||
6 | The State Board shall assign a number to each submission | ||||||
7 | or resubmission in chronological order of receipt, and shall | ||||||
8 | determine whether the proposed contract is consistent with the | ||||||
9 | provisions of this Article. If the proposed contract complies, | ||||||
10 | the State Board shall so certify. | ||||||
11 | (e) No renewal of a previously certified contract is | ||||||
12 | effective unless and until the State Board certifies that the | ||||||
13 | renewal is consistent with the provisions of this Article. A | ||||||
14 | material revision to a previously certified contract may go | ||||||
15 | into effect immediately upon approval of both the local school | ||||||
16 | board and the governing body of the charter school, unless | ||||||
17 | either party requests in writing that the State Board certify | ||||||
18 | that the material revision is consistent with the provisions | ||||||
19 | of this Article. If such a request is made, the proposed | ||||||
20 | material revision is not effective unless and until the State | ||||||
21 | Board so certifies. | ||||||
22 | (Source: P.A. 103-175, eff. 6-30-23; 103-416, eff. 8-4-23; | ||||||
23 | revised 9-5-23.)
| ||||||
24 | (105 ILCS 5/27A-7) | ||||||
25 | Sec. 27A-7. Charter submission. |
| |||||||
| |||||||
1 | (a) A proposal to establish a charter school shall be | ||||||
2 | submitted to the local school board and the State Board for | ||||||
3 | certification under Section 27A-6 of this Code in the form of a | ||||||
4 | proposed contract entered into between the local school board | ||||||
5 | and the governing body of a proposed charter school. The | ||||||
6 | charter school proposal shall include: | ||||||
7 | (1) The name of the proposed charter school, which | ||||||
8 | must include the words "Charter School". | ||||||
9 | (2) The age or grade range, areas of focus, minimum | ||||||
10 | and maximum numbers of pupils to be enrolled in the | ||||||
11 | charter school, and any other admission criteria that | ||||||
12 | would be legal if used by a school district. | ||||||
13 | (3) A description of and address for the physical | ||||||
14 | plant in which the charter school will be located; | ||||||
15 | provided that nothing in the Article shall be deemed to | ||||||
16 | justify delaying or withholding favorable action on or | ||||||
17 | approval of a charter school proposal because the building | ||||||
18 | or buildings in which the charter school is to be located | ||||||
19 | have not been acquired or rented at the time a charter | ||||||
20 | school proposal is submitted or approved or a charter | ||||||
21 | school contract is entered into or submitted for | ||||||
22 | certification or certified, so long as the proposal or | ||||||
23 | submission identifies and names at least 2 sites that are | ||||||
24 | potentially available as a charter school facility by the | ||||||
25 | time the charter school is to open. | ||||||
26 | (4) The mission statement of the charter school, which |
| |||||||
| |||||||
1 | must be consistent with the General Assembly's declared | ||||||
2 | purposes; provided that nothing in this Article shall be | ||||||
3 | construed to require that, in order to receive favorable | ||||||
4 | consideration and approval, a charter school proposal | ||||||
5 | demonstrate unequivocally that the charter school will be | ||||||
6 | able to meet each of those declared purposes, it being the | ||||||
7 | intention of the Charter Schools Law that those purposes | ||||||
8 | be recognized as goals that charter schools must aspire to | ||||||
9 | attain. | ||||||
10 | (5) The goals, objectives, and pupil performance | ||||||
11 | standards to be achieved by the charter school. | ||||||
12 | (6) In the case of a proposal to establish a charter | ||||||
13 | school by converting an existing public school or | ||||||
14 | attendance center to charter school status, evidence that | ||||||
15 | the proposed formation of the charter school has received | ||||||
16 | the approval of certified teachers, parents and guardians, | ||||||
17 | and, if applicable, a local school council as provided in | ||||||
18 | subsection (b) of Section 27A-8. | ||||||
19 | (7) A description of the charter school's educational | ||||||
20 | program, pupil performance standards, curriculum, school | ||||||
21 | year, school days, and hours of operation. | ||||||
22 | (8) A description of the charter school's plan for | ||||||
23 | evaluating pupil performance, the types of assessments | ||||||
24 | that will be used to measure pupil progress toward towards | ||||||
25 | achievement of the school's pupil performance standards, | ||||||
26 | the timeline for achievement of those standards, and the |
| |||||||
| |||||||
1 | procedures for taking corrective action in the event that | ||||||
2 | pupil performance at the charter school falls below those | ||||||
3 | standards. | ||||||
4 | (9) Evidence that the terms of the charter as proposed | ||||||
5 | are economically sound for both the charter school and the | ||||||
6 | school district, a proposed budget for the term of the | ||||||
7 | charter, a description of the manner in which an annual | ||||||
8 | audit of the financial and administrative operations of | ||||||
9 | the charter school, including any services provided by the | ||||||
10 | school district, are to be conducted, and a plan for the | ||||||
11 | displacement of pupils, teachers, and other employees who | ||||||
12 | will not attend or be employed in the charter school. | ||||||
13 | (10) A description of the governance and operation of | ||||||
14 | the charter school, including the nature and extent of | ||||||
15 | parental, professional educator, and community involvement | ||||||
16 | in the governance and operation of the charter school. | ||||||
17 | (11) An explanation of the relationship that will | ||||||
18 | exist between the charter school and its employees, | ||||||
19 | including evidence that the terms and conditions of | ||||||
20 | employment have been addressed with affected employees and | ||||||
21 | their recognized representative, if any. However, a | ||||||
22 | bargaining unit of charter school employees shall be | ||||||
23 | separate and distinct from any bargaining units formed | ||||||
24 | from employees of a school district in which the charter | ||||||
25 | school is located. | ||||||
26 | (12) An agreement between the parties regarding their |
| |||||||
| |||||||
1 | respective legal liability and applicable insurance | ||||||
2 | coverage. | ||||||
3 | (13) A description of how the charter school plans to | ||||||
4 | meet the transportation needs of its pupils, and a plan | ||||||
5 | for addressing the transportation needs of low-income and | ||||||
6 | at-risk pupils. | ||||||
7 | (14) The proposed effective date and term of the | ||||||
8 | charter; provided that the first day of the first academic | ||||||
9 | year shall be no earlier than August 15 and no later than | ||||||
10 | September 15 of a calendar year, and the first day of the | ||||||
11 | fiscal year shall be July 1. | ||||||
12 | (14.5) Disclosure of any known active civil or | ||||||
13 | criminal investigation by a local, state, or federal law | ||||||
14 | enforcement agency into an organization submitting the | ||||||
15 | charter school proposal or a criminal investigation by a | ||||||
16 | local, state, or federal law enforcement agency into any | ||||||
17 | member of the governing body of that organization. For the | ||||||
18 | purposes of this subdivision (14.5), a known investigation | ||||||
19 | means a request for an interview by a law enforcement | ||||||
20 | agency, a subpoena, an arrest, or an indictment. Such | ||||||
21 | disclosure is required for a period from the initial | ||||||
22 | application submission through 10 business days prior to | ||||||
23 | the authorizer's scheduled decision date. | ||||||
24 | (14.7) A union neutrality clause. | ||||||
25 | (15) Any other information reasonably required by the | ||||||
26 | State Board. |
| |||||||
| |||||||
1 | (b) A proposal to establish a charter school may be | ||||||
2 | initiated by individuals or organizations that will have | ||||||
3 | majority representation on the board of directors or other | ||||||
4 | governing body of the corporation or other discrete legal | ||||||
5 | entity that is to be established to operate the proposed | ||||||
6 | charter school, by a board of education or an | ||||||
7 | intergovernmental agreement between or among boards of | ||||||
8 | education, or by the board of directors or other governing | ||||||
9 | body of a discrete legal entity already existing or | ||||||
10 | established to operate the proposed charter school. The | ||||||
11 | individuals or organizations referred to in this subsection | ||||||
12 | may be school teachers, school administrators, local school | ||||||
13 | councils, colleges or universities or their faculty members, | ||||||
14 | public community colleges or their instructors or other | ||||||
15 | representatives, corporations, or other entities or their | ||||||
16 | representatives. The proposal shall be submitted to the local | ||||||
17 | school board for consideration and, if appropriate, for | ||||||
18 | development of a proposed contract to be submitted to the | ||||||
19 | State Board for certification under Section 27A-6. | ||||||
20 | (c) The local school board may not without the consent of | ||||||
21 | the governing body of the charter school condition its | ||||||
22 | approval of a charter school proposal on acceptance of an | ||||||
23 | agreement to operate under State laws and regulations and | ||||||
24 | local school board policies from which the charter school is | ||||||
25 | otherwise exempted under this Article. | ||||||
26 | (Source: P.A. 103-175, eff. 6-30-23; 103-416, eff. 8-4-23; |
| |||||||
| |||||||
1 | revised 9-6-23.)
| ||||||
2 | (105 ILCS 5/27A-11.5) | ||||||
3 | Sec. 27A-11.5. State financing. The State Board shall make | ||||||
4 | the following funds available to school districts and charter | ||||||
5 | schools: | ||||||
6 | (1) From a separate appropriation made to the State | ||||||
7 | Board for purposes of this subdivision (1), the State | ||||||
8 | Board shall make transition impact aid available to school | ||||||
9 | districts that approve a new charter school. The amount of | ||||||
10 | the aid shall equal 90% of the per capita funding paid to | ||||||
11 | the charter school during the first year of its initial | ||||||
12 | charter term, 65% of the per capita funding paid to the | ||||||
13 | charter school during the second year of its initial term, | ||||||
14 | and 35% of the per capita funding paid to the charter | ||||||
15 | school during the third year of its initial term. This | ||||||
16 | transition impact aid shall be paid to the local school | ||||||
17 | board in equal quarterly installments, with the payment of | ||||||
18 | the installment for the first quarter being made by August | ||||||
19 | 1st immediately preceding the first, second, and third | ||||||
20 | years of the initial term. The district shall file an | ||||||
21 | application for this aid with the State Board in a format | ||||||
22 | designated by the State Board. If the appropriation is | ||||||
23 | insufficient in any year to pay all approved claims, the | ||||||
24 | impact aid shall be prorated. . If any funds remain after | ||||||
25 | these claims have been paid, then the State Board may pay |
| |||||||
| |||||||
1 | all other approved claims on a pro rata basis. Transition | ||||||
2 | impact aid shall be paid for charter schools that are in | ||||||
3 | the first, second, or third year of their initial term. | ||||||
4 | Transition impact aid shall not be paid for any charter | ||||||
5 | school that is proposed and created by one or more boards | ||||||
6 | of education, as authorized under subsection (b) of | ||||||
7 | Section 27A-7. | ||||||
8 | (2) From a separate appropriation made for the purpose | ||||||
9 | of this subdivision (2), the State Board shall make grants | ||||||
10 | to charter schools to pay their start-up costs of | ||||||
11 | acquiring educational materials and supplies, textbooks, | ||||||
12 | electronic textbooks and the technological equipment | ||||||
13 | necessary to gain access to and use electronic textbooks, | ||||||
14 | furniture, and other equipment or materials needed during | ||||||
15 | their initial term. The State Board shall annually | ||||||
16 | establish the time and manner of application for these | ||||||
17 | grants, which shall not exceed $250 per student enrolled | ||||||
18 | in the charter school. | ||||||
19 | (3) The Charter Schools Revolving Loan Fund is created | ||||||
20 | as a special fund in the State treasury. Federal funds, | ||||||
21 | such other funds as may be made available for costs | ||||||
22 | associated with the establishment of charter schools in | ||||||
23 | Illinois, and amounts repaid by charter schools that have | ||||||
24 | received a loan from the Charter Schools Revolving Loan | ||||||
25 | Fund shall be deposited into the Charter Schools Revolving | ||||||
26 | Loan Fund, and the moneys in the Charter Schools Revolving |
| |||||||
| |||||||
1 | Loan Fund shall be appropriated to the State Board and | ||||||
2 | used to provide interest-free loans to charter schools. | ||||||
3 | These funds shall be used to pay start-up costs of | ||||||
4 | acquiring educational materials and supplies, textbooks, | ||||||
5 | electronic textbooks and the technological equipment | ||||||
6 | necessary to gain access to and use electronic textbooks, | ||||||
7 | furniture, and other equipment or materials needed in the | ||||||
8 | initial term of the charter school and for acquiring and | ||||||
9 | remodeling a suitable physical plant, within the initial | ||||||
10 | term of the charter school. Loans shall be limited to one | ||||||
11 | loan per charter school and shall not exceed $750 per | ||||||
12 | student enrolled in the charter school. A loan shall be | ||||||
13 | repaid by the end of the initial term of the charter | ||||||
14 | school. The State Board may deduct amounts necessary to | ||||||
15 | repay the loan from funds due to the charter school or may | ||||||
16 | require that the local school board that authorized the | ||||||
17 | charter school deduct such amounts from funds due the | ||||||
18 | charter school and remit these amounts to the State Board, | ||||||
19 | provided that the local school board shall not be | ||||||
20 | responsible for repayment of the loan. The State Board may | ||||||
21 | use up to 3% of the appropriation to contract with a | ||||||
22 | non-profit entity to administer the loan program. | ||||||
23 | (4) A charter school may apply for and receive, | ||||||
24 | subject to the same restrictions applicable to school | ||||||
25 | districts, any grant administered by the State Board that | ||||||
26 | is available for school districts. |
| |||||||
| |||||||
1 | If a charter school fails to make payments toward | ||||||
2 | administrative costs, the State Board may withhold State funds | ||||||
3 | from that school until it has made all payments for those | ||||||
4 | costs. | ||||||
5 | (Source: P.A. 103-175, eff. 6-30-23; revised 9-20-23.)
| ||||||
6 | (105 ILCS 5/34-18.82) | ||||||
7 | Sec. 34-18.82. Trauma kit; trauma response training. | ||||||
8 | (a) In this Section, "trauma kit" means a first aid | ||||||
9 | response kit that contains, at a minimum, all of the | ||||||
10 | following: | ||||||
11 | (1) One tourniquet endorsed by the Committee on | ||||||
12 | Tactical Combat Casualty Care. | ||||||
13 | (2) One compression bandage. | ||||||
14 | (3) One hemostatic bleeding control dressing endorsed | ||||||
15 | by the Committee on Tactical Combat Casualty Care. | ||||||
16 | (4) Protective gloves and a marker. | ||||||
17 | (5) Scissors. | ||||||
18 | (6) Instructional documents developed by the Stop the | ||||||
19 | Bleed national awareness campaign of the United States | ||||||
20 | Department of Homeland Security or the American College of | ||||||
21 | Surgeons' Committee on Trauma, or both. | ||||||
22 | (7) Any other medical materials or equipment similar | ||||||
23 | to those described in paragraphs (1) through (3) or any | ||||||
24 | other items that (i) are approved by a local law | ||||||
25 | enforcement agency or first responders, (ii) can |
| |||||||
| |||||||
1 | adequately treat a traumatic injury, and (iii) can be | ||||||
2 | stored in a readily available kit. | ||||||
3 | (b) The school district may maintain an on-site trauma kit | ||||||
4 | at each school for bleeding emergencies. | ||||||
5 | (c) Products purchased for the trauma kit, including those | ||||||
6 | products endorsed by the Committee on Tactical Combat Casualty | ||||||
7 | Care, shall, whenever possible, be manufactured in the United | ||||||
8 | States. | ||||||
9 | (d) At least once every 2 years, the board shall conduct | ||||||
10 | in-service training for all school district employees on the | ||||||
11 | methods to respond to trauma. The training must include | ||||||
12 | instruction on how to respond to an incident involving | ||||||
13 | life-threatening bleeding and, if applicable, how to use a | ||||||
14 | school's trauma kit. The board may satisfy the training | ||||||
15 | requirements under this subsection by using the training, | ||||||
16 | including online training, available from the American College | ||||||
17 | of Surgeons or any other similar organization. | ||||||
18 | School district employees who are trained to respond to | ||||||
19 | trauma pursuant to this subsection (d) shall be immune from | ||||||
20 | civil liability in the use of a trauma kit unless the action | ||||||
21 | constitutes willful or wanton misconduct. | ||||||
22 | (Source: P.A. 103-128, eff. 6-30-23.)
| ||||||
23 | (105 ILCS 5/34-18.83) | ||||||
24 | Sec. 34-18.83 34-18.82 . Subsequent teaching endorsements | ||||||
25 | for employees. |
| |||||||
| |||||||
1 | (a) Subsequent teaching endorsements may be granted to | ||||||
2 | employees licensed under Article 21B of this Code for specific | ||||||
3 | content areas and grade levels as part of a pilot program. | ||||||
4 | (b) The school district is authorized to prepare educators | ||||||
5 | for subsequent teaching endorsements on licenses issued under | ||||||
6 | paragraph (1) of Section 21B-20 of this Code to applicants who | ||||||
7 | meet all of the requirements for the endorsement or | ||||||
8 | endorsements, including passing any required content area | ||||||
9 | knowledge tests. If seeking to provide subsequent | ||||||
10 | endorsements, the school district must establish professional | ||||||
11 | development sequences to be offered instead of coursework | ||||||
12 | required for issuance of the subsequent endorsement and must | ||||||
13 | apply for approval of these professional development sequences | ||||||
14 | by the State Board of Education, in collaboration with the | ||||||
15 | State Educator Preparation and Licensure Board. The | ||||||
16 | professional development sequences under this Section shall | ||||||
17 | include a comprehensive review of relevant State learning | ||||||
18 | standards, the applicable State content-test framework, and, | ||||||
19 | if applicable, relevant educator preparation standards. | ||||||
20 | (c) The State Board of Education shall adopt any rules | ||||||
21 | necessary to implement this Section no later than June 30, | ||||||
22 | 2024. | ||||||
23 | (Source: P.A. 103-157, eff. 6-30-23; revised 8-30-23.)
| ||||||
24 | (105 ILCS 5/34-18.84) | ||||||
25 | (This Section may contain text from a Public Act with a |
| |||||||
| |||||||
1 | delayed effective date ) | ||||||
2 | Sec. 34-18.84 34-18.82 . Community input on local | ||||||
3 | assessments. | ||||||
4 | (a) As used in this Section, "district-administered | ||||||
5 | assessment" means an assessment that requires all student test | ||||||
6 | takers at any grade level to answer the same questions, or a | ||||||
7 | selection of questions from a common bank of questions, in the | ||||||
8 | same manner or substantially the same questions in the same | ||||||
9 | manner. The term does not include an observational assessment | ||||||
10 | tool used to satisfy the requirements of Section 2-3.64a-10 of | ||||||
11 | this Code or an assessment developed by district teachers or | ||||||
12 | administrators that will be used to measure student progress | ||||||
13 | at an attendance center within the school district. | ||||||
14 | (b) Prior to approving a new contract for any | ||||||
15 | district-administered assessment, the board must hold a public | ||||||
16 | vote at a regular meeting of the board, at which the terms of | ||||||
17 | the proposal must be substantially presented and an | ||||||
18 | opportunity for allowing public comments must be provided, | ||||||
19 | subject to applicable notice requirements. However, if the | ||||||
20 | assessment being made available to review is subject to | ||||||
21 | copyright, trademark, or other intellectual property | ||||||
22 | protection, the review process shall include technical and | ||||||
23 | procedural safeguards to ensure that the materials are not | ||||||
24 | able to be widely disseminated to the general public in | ||||||
25 | violation of the intellectual property rights of the publisher | ||||||
26 | and to ensure content validity is not undermined. |
| |||||||
| |||||||
1 | (Source: P.A. 103-393, eff. 7-1-24; revised 8-30-23.)
| ||||||
2 | (105 ILCS 5/34-84) (from Ch. 122, par. 34-84) | ||||||
3 | Sec. 34-84. Appointments and promotions of teachers. | ||||||
4 | Appointments and promotions of teachers shall be made for | ||||||
5 | merit only, and after satisfactory service for a probationary | ||||||
6 | period of 3 years with respect to probationary employees | ||||||
7 | employed as full-time teachers in the public school system of | ||||||
8 | the district before January 1, 1998 or on or after July 1, 2023 | ||||||
9 | and 4 years with respect to probationary employees who are | ||||||
10 | first employed as full-time teachers in the public school | ||||||
11 | system of the district on or after January 1, 1998 but before | ||||||
12 | July 1, 2023, during which period the board may dismiss or | ||||||
13 | discharge any such probationary employee upon the | ||||||
14 | recommendation, accompanied by the written reasons therefor, | ||||||
15 | of the general superintendent of schools and after which | ||||||
16 | period appointments of teachers shall become permanent, | ||||||
17 | subject to removal for cause in the manner provided by Section | ||||||
18 | 34-85. | ||||||
19 | For a probationary-appointed teacher in full-time service | ||||||
20 | who is appointed on or after July 1, 2013 and who receives | ||||||
21 | ratings of "excellent" during his or her first 3 school terms | ||||||
22 | of full-time service, the probationary period shall be 3 | ||||||
23 | school terms of full-time service. For a | ||||||
24 | probationary-appointed teacher in full-time service who is | ||||||
25 | appointed on or after July 1, 2013 and who had previously |
| |||||||
| |||||||
1 | entered into contractual continued service in another school | ||||||
2 | district in this State or a program of a special education | ||||||
3 | joint agreement in this State, as defined in Section 24-11 of | ||||||
4 | this Code, the probationary period shall be 2 school terms of | ||||||
5 | full-time service, provided that (i) the teacher voluntarily | ||||||
6 | resigned or was honorably dismissed from the prior district or | ||||||
7 | program within the 3-month period preceding his or her | ||||||
8 | appointment date, (ii) the teacher's last 2 ratings in the | ||||||
9 | prior district or program were at least "proficient" and were | ||||||
10 | issued after the prior district's or program's PERA | ||||||
11 | implementation date, as defined in Section 24-11 of this Code, | ||||||
12 | and (iii) the teacher receives ratings of "excellent" during | ||||||
13 | his or her first 2 school terms of full-time service. | ||||||
14 | For a probationary-appointed teacher in full-time service | ||||||
15 | who has not entered into contractual continued service after 2 | ||||||
16 | or 3 school terms of full-time service as provided in this | ||||||
17 | Section, the probationary period shall be 3 school terms of | ||||||
18 | full-time service, provided that the teacher holds a | ||||||
19 | Professional Educator License and receives a rating of at | ||||||
20 | least "proficient" in the last school term and a rating of at | ||||||
21 | least "proficient" in either the second or third school term. | ||||||
22 | As used in this Section, "school term" means the school | ||||||
23 | term established by the board pursuant to Section 10-19 of | ||||||
24 | this Code, and "full-time service" means the teacher has | ||||||
25 | actually worked at least 150 days during the school term. As | ||||||
26 | used in this Article, "teachers" means and includes all |
| |||||||
| |||||||
1 | members of the teaching force excluding the general | ||||||
2 | superintendent and principals. | ||||||
3 | There shall be no reduction in teachers because of a | ||||||
4 | decrease in student membership or a change in subject | ||||||
5 | requirements within the attendance center organization after | ||||||
6 | the 20th day following the first day of the school year, except | ||||||
7 | that: (1) this provision shall not apply to desegregation | ||||||
8 | positions, special education positions, or any other positions | ||||||
9 | funded by State or federal categorical funds, and (2) at | ||||||
10 | attendance centers maintaining any of grades 9 through 12, | ||||||
11 | there may be a second reduction in teachers on the first day of | ||||||
12 | the second semester of the regular school term because of a | ||||||
13 | decrease in student membership or a change in subject | ||||||
14 | requirements within the attendance center organization. | ||||||
15 | A teacher Teachers who is are due to be evaluated in the | ||||||
16 | last year before the teacher is they are set to retire shall be | ||||||
17 | offered the opportunity to waive the their evaluation and to | ||||||
18 | retain the teacher's their most recent rating, unless the | ||||||
19 | teacher was last rated as "needs improvement" or | ||||||
20 | "unsatisfactory". The school district may still reserve the | ||||||
21 | right to evaluate a teacher provided the district gives notice | ||||||
22 | to the teacher at least 14 days before the evaluation and a | ||||||
23 | reason for evaluating the teacher. | ||||||
24 | The school principal shall make the decision in selecting | ||||||
25 | teachers to fill new and vacant positions consistent with | ||||||
26 | Section 34-8.1. |
| |||||||
| |||||||
1 | (Source: P.A. 103-85, eff. 6-9-23; 103-500, eff. 8-4-23; | ||||||
2 | revised 9-6-23.)
| ||||||
3 | Section 280. The Asbestos Abatement Act is amended by | ||||||
4 | changing Section 10a as follows:
| ||||||
5 | (105 ILCS 105/10a) (from Ch. 122, par. 1410a) | ||||||
6 | Sec. 10a. Licensing. No inspector, management planner, | ||||||
7 | project designer, project manager, air sampling professional, | ||||||
8 | asbestos abatement contractor, worker or project supervisor | ||||||
9 | may be employed as a response action contractor unless that | ||||||
10 | individual or entity is licensed by the Department. Those | ||||||
11 | individuals and entities wishing to be licensed shall make | ||||||
12 | application on forms prescribed and furnished by the | ||||||
13 | Department. A license shall expire annually according to a | ||||||
14 | schedule determined by the Department. Applications for | ||||||
15 | renewal of licenses shall be filed with the Department at | ||||||
16 | least 30 days before the expiration date. When a licensure | ||||||
17 | examination is required, the application for licensure shall | ||||||
18 | be submitted to the Department at least 30 days prior to the | ||||||
19 | date of the scheduled examination. The Department shall | ||||||
20 | evaluate each application based on its minimum standards for | ||||||
21 | licensure, promulgated as rules, and render a decision. Such | ||||||
22 | standards may include a requirement for the successful | ||||||
23 | completion of a course of training approved by the Department. | ||||||
24 | If the Department denies the application, the applicant may |
| |||||||
| |||||||
1 | appeal such decision pursuant to the provisions of the | ||||||
2 | " Administrative Review Law " . | ||||||
3 | The Department, upon notification by the Illinois Workers' | ||||||
4 | Compensation Commission or the Department of Insurance, shall | ||||||
5 | refuse the issuance or renewal of a license to, or suspend or | ||||||
6 | revoke the license of, any individual, corporation, | ||||||
7 | partnership, or other business entity that has been found by | ||||||
8 | the Illinois Workers' Compensation Commission or the | ||||||
9 | Department of Insurance to have failed: | ||||||
10 | (a) to secure workers' compensation obligations in the | ||||||
11 | manner required by subsections (a) and (b) of Section 4 of | ||||||
12 | the Workers' Compensation Act; | ||||||
13 | (b) to pay in full a fine or penalty imposed by the | ||||||
14 | Illinois Workers' Compensation Commission or the | ||||||
15 | Department of Insurance due to a failure to secure | ||||||
16 | workers' compensation obligations in the manner required | ||||||
17 | by subsections (a) and (b) of Section 4 of the Workers' | ||||||
18 | Compensation Act; or | ||||||
19 | (c) to fulfill all obligations assumed pursuant to any | ||||||
20 | settlement reached with the Illinois Workers' Compensation | ||||||
21 | Commission or the Department of Insurance due to a failure | ||||||
22 | to secure workers' compensation obligations in the manner | ||||||
23 | required by subsections (a) and (b) of Section 4 of the | ||||||
24 | Workers' Compensation Act. | ||||||
25 | A complaint filed with the Department by the Illinois | ||||||
26 | Workers' Compensation Commission or the Department of |
| |||||||
| |||||||
1 | Insurance that includes a certification, signed by its | ||||||
2 | Director or Chairman, or the Director or Chairman's designee, | ||||||
3 | attesting to a finding of the failure to secure workers' | ||||||
4 | compensation obligations in the manner required by subsections | ||||||
5 | (a) and (b) of Section 4 of the Workers' Compensation Act or | ||||||
6 | the failure to pay any fines or penalties or to discharge any | ||||||
7 | obligation under a settlement relating to the failure to | ||||||
8 | secure workers' compensation obligations in the manner | ||||||
9 | required by subsections (a) and (b) of Section 4 of the | ||||||
10 | Workers' Compensation Act is prima facie evidence of the | ||||||
11 | licensee's or applicant's failure to comply with subsections | ||||||
12 | (a) and (b) of Section 4 of the Workers' Compensation Act. Upon | ||||||
13 | receipt of that certification, the Department shall, without a | ||||||
14 | hearing, immediately suspend all licenses held by the licensee | ||||||
15 | or the processing of any application from the applicant. | ||||||
16 | Enforcement of the Department's order shall be stayed for 60 | ||||||
17 | days. The Department shall provide notice of the suspension to | ||||||
18 | the licensee by mailing a copy of the Department's order to the | ||||||
19 | licensee's or applicant's address of record or emailing a copy | ||||||
20 | of the order to the licensee's or applicant's email address of | ||||||
21 | record. The notice shall advise the licensee or applicant that | ||||||
22 | the suspension shall be effective 60 days after the issuance | ||||||
23 | of the order unless the Department receives, from the licensee | ||||||
24 | or applicant, a request for a hearing before the Department to | ||||||
25 | dispute the matters contained in the order. | ||||||
26 | Upon receiving notice from the Illinois Workers' |
| |||||||
| |||||||
1 | Compensation Commission or the Department of Insurance that | ||||||
2 | the violation has been corrected or otherwise resolved, the | ||||||
3 | Department shall vacate the order suspending a licensee's | ||||||
4 | license or the processing of an applicant's application. | ||||||
5 | No license shall be suspended or revoked until after the | ||||||
6 | licensee is afforded any due process protection guaranteed by | ||||||
7 | statute or rule adopted by the Illinois Workers' Compensation | ||||||
8 | Commission or the Department of Insurance. | ||||||
9 | (Source: P.A. 103-26, eff. 1-1-24; revised 1-2-24.)
| ||||||
10 | Section 285. The Critical Health Problems and | ||||||
11 | Comprehensive Health Education Act is amended by changing | ||||||
12 | Section 3 as follows:
| ||||||
13 | (105 ILCS 110/3) | ||||||
14 | Sec. 3. Comprehensive Health Education Program. The | ||||||
15 | program established under this Act shall include, but not be | ||||||
16 | limited to, the following major educational areas as a basis | ||||||
17 | for curricula in all elementary and secondary schools in this | ||||||
18 | State: human ecology and health; human growth and development; | ||||||
19 | the emotional, psychological, physiological, hygienic, and | ||||||
20 | social responsibilities of family life, including sexual | ||||||
21 | abstinence until marriage; the prevention and control of | ||||||
22 | disease, including instruction in grades 6 through 12 on the | ||||||
23 | prevention, transmission, and spread of AIDS; age-appropriate | ||||||
24 | sexual abuse and assault awareness and prevention education in |
| |||||||
| |||||||
1 | grades pre-kindergarten through 12; public and environmental | ||||||
2 | health; consumer health; safety education and disaster | ||||||
3 | survival; mental health and illness; personal health habits; | ||||||
4 | alcohol and drug use and abuse, including the medical and | ||||||
5 | legal ramifications of alcohol, drug, and tobacco use; abuse | ||||||
6 | during pregnancy; evidence-based and medically accurate | ||||||
7 | information regarding sexual abstinence; tobacco and | ||||||
8 | e-cigarettes and other vapor devices; nutrition; and dental | ||||||
9 | health. The instruction on mental health and illness must | ||||||
10 | evaluate the multiple dimensions of health by reviewing the | ||||||
11 | relationship between physical and mental health so as to | ||||||
12 | enhance student understanding, attitudes, and behaviors that | ||||||
13 | promote health, well-being, and human dignity and must include | ||||||
14 | how and where to find mental health resources and specialized | ||||||
15 | treatment in the State. The program shall also provide course | ||||||
16 | material and instruction to advise pupils of the Abandoned | ||||||
17 | Newborn Infant Protection Act. The program shall include | ||||||
18 | information about cancer, including, without limitation, types | ||||||
19 | of cancer, signs and symptoms, risk factors, the importance of | ||||||
20 | early prevention and detection, and information on where to go | ||||||
21 | for help. Notwithstanding the above educational areas, the | ||||||
22 | following areas may also be included as a basis for curricula | ||||||
23 | in all elementary and secondary schools in this State: basic | ||||||
24 | first aid (including, but not limited to, cardiopulmonary | ||||||
25 | resuscitation and the Heimlich maneuver), heart disease, | ||||||
26 | diabetes, stroke, the prevention of child abuse, neglect, and |
| |||||||
| |||||||
1 | suicide, and teen dating violence in grades 7 through 12. | ||||||
2 | Beginning with the 2014-2015 school year, training on how to | ||||||
3 | properly administer cardiopulmonary resuscitation (which | ||||||
4 | training must be in accordance with standards of the American | ||||||
5 | Red Cross, the American Heart Association, or another | ||||||
6 | nationally recognized certifying organization) and how to use | ||||||
7 | an automated external defibrillator shall be included as a | ||||||
8 | basis for curricula in all secondary schools in this State. | ||||||
9 | Beginning with the 2024-2025 school year in grades 9 | ||||||
10 | through 12, the program shall include instruction, study, and | ||||||
11 | discussion on the dangers of allergies. Information for the | ||||||
12 | instruction, study, and discussion shall come from information | ||||||
13 | provided by the Department of Public Health and the federal | ||||||
14 | Centers for Disease Control and Prevention. This instruction, | ||||||
15 | study, and discussion shall include, at a minimum: | ||||||
16 | (1) recognizing the signs and symptoms of an allergic | ||||||
17 | reaction, including anaphylaxis; | ||||||
18 | (2) the steps to take to prevent exposure to | ||||||
19 | allergens; and | ||||||
20 | (3) safe emergency epinephrine administration. | ||||||
21 | The school board of each public elementary and secondary | ||||||
22 | school in the State shall encourage all teachers and other | ||||||
23 | school personnel to acquire, develop, and maintain the | ||||||
24 | knowledge and skills necessary to properly administer | ||||||
25 | life-saving techniques, including, without limitation, the | ||||||
26 | Heimlich maneuver and rescue breathing. The training shall be |
| |||||||
| |||||||
1 | in accordance with standards of the American Red Cross, the | ||||||
2 | American Heart Association, or another nationally recognized | ||||||
3 | certifying organization. A school board may use the services | ||||||
4 | of non-governmental entities whose personnel have expertise in | ||||||
5 | life-saving techniques to instruct teachers and other school | ||||||
6 | personnel in these techniques. Each school board is encouraged | ||||||
7 | to have in its employ, or on its volunteer staff, at least one | ||||||
8 | person who is certified, by the American Red Cross or by | ||||||
9 | another qualified certifying agency, as qualified to | ||||||
10 | administer first aid and cardiopulmonary resuscitation. In | ||||||
11 | addition, each school board is authorized to allocate | ||||||
12 | appropriate portions of its institute or inservice days to | ||||||
13 | conduct training programs for teachers and other school | ||||||
14 | personnel who have expressed an interest in becoming qualified | ||||||
15 | to administer emergency first aid or cardiopulmonary | ||||||
16 | resuscitation. School boards are urged to encourage their | ||||||
17 | teachers and other school personnel who coach school athletic | ||||||
18 | programs and other extracurricular school activities to | ||||||
19 | acquire, develop, and maintain the knowledge and skills | ||||||
20 | necessary to properly administer first aid and cardiopulmonary | ||||||
21 | resuscitation in accordance with standards and requirements | ||||||
22 | established by the American Red Cross or another qualified | ||||||
23 | certifying agency. Subject to appropriation, the State Board | ||||||
24 | of Education shall establish and administer a matching grant | ||||||
25 | program to pay for half of the cost that a school district | ||||||
26 | incurs in training those teachers and other school personnel |
| |||||||
| |||||||
1 | who express an interest in becoming qualified to administer | ||||||
2 | cardiopulmonary resuscitation (which training must be in | ||||||
3 | accordance with standards of the American Red Cross, the | ||||||
4 | American Heart Association, or another nationally recognized | ||||||
5 | certifying organization) or in learning how to use an | ||||||
6 | automated external defibrillator. A school district that | ||||||
7 | applies for a grant must demonstrate that it has funds to pay | ||||||
8 | half of the cost of the training for which matching grant money | ||||||
9 | is sought. The State Board of Education shall award the grants | ||||||
10 | on a first-come, first-serve basis. | ||||||
11 | No pupil shall be required to take or participate in any | ||||||
12 | class or course on AIDS or family life instruction or to | ||||||
13 | receive training on how to properly administer cardiopulmonary | ||||||
14 | resuscitation or how to use an automated external | ||||||
15 | defibrillator if his or her parent or guardian submits written | ||||||
16 | objection thereto, and refusal to take or participate in the | ||||||
17 | course or program or the training shall not be reason for | ||||||
18 | suspension or expulsion of the pupil. | ||||||
19 | Curricula developed under programs established in | ||||||
20 | accordance with this Act in the major educational area of | ||||||
21 | alcohol and drug use and abuse shall include classroom | ||||||
22 | instruction in grades 5 through 12. The instruction, which | ||||||
23 | shall include matters relating to both the physical and legal | ||||||
24 | effects and ramifications of drug and substance abuse, shall | ||||||
25 | be integrated into existing curricula; and the State Board of | ||||||
26 | Education shall develop and make available to all elementary |
| |||||||
| |||||||
1 | and secondary schools in this State instructional materials | ||||||
2 | and guidelines which will assist the schools in incorporating | ||||||
3 | the instruction into their existing curricula. In addition, | ||||||
4 | school districts may offer, as part of existing curricula | ||||||
5 | during the school day or as part of an after-school after | ||||||
6 | school program, support services and instruction for pupils or | ||||||
7 | pupils whose parent, parents, or guardians are chemically | ||||||
8 | dependent. Curricula developed under programs established in | ||||||
9 | accordance with this Act in the major educational area of | ||||||
10 | alcohol and drug use and abuse shall include the instruction, | ||||||
11 | study, and discussion required under subsection (c) of Section | ||||||
12 | 27-13.2 of the School Code. | ||||||
13 | (Source: P.A. 102-464, eff. 8-20-21; 102-558, eff. 8-20-21; | ||||||
14 | 102-1034, eff. 1-1-23; 103-212, eff. 1-1-24; 103-365, eff. | ||||||
15 | 1-1-24; revised 12-12-23.)
| ||||||
16 | Section 290. The School Safety Drill Act is amended by | ||||||
17 | setting forth, renumbering, and changing multiple versions of | ||||||
18 | Section 50 as follows:
| ||||||
19 | (105 ILCS 128/50) | ||||||
20 | Sec. 50. Crisis response mapping data grants. | ||||||
21 | (a) Subject to appropriation, a public school district, a | ||||||
22 | charter school, a special education cooperative or district, | ||||||
23 | an education for employment system, a State-approved area | ||||||
24 | career center, a public university laboratory school, the |
| |||||||
| |||||||
1 | Illinois Mathematics and Science Academy, the Department of | ||||||
2 | Juvenile Justice School District, a regional office of | ||||||
3 | education, the Illinois School for the Deaf, the Illinois | ||||||
4 | School for the Visually Impaired, the Philip J. Rock Center | ||||||
5 | and School, an early childhood or preschool program supported | ||||||
6 | by the Early Childhood Block Grant, or any other public school | ||||||
7 | entity designated by the State Board of Education by rule, may | ||||||
8 | apply to the State Board of Education or the State Board of | ||||||
9 | Education or the State Board's designee for a grant to obtain | ||||||
10 | crisis response mapping data and to provide copies of the | ||||||
11 | crisis response mapping data to appropriate local, county, | ||||||
12 | State, and federal first responders for use in response to | ||||||
13 | emergencies. The crisis response mapping data shall be stored | ||||||
14 | and provided in an electronic or digital format to assist | ||||||
15 | first responders in responding to emergencies at the school. | ||||||
16 | (b) Subject to appropriation, including funding for any | ||||||
17 | administrative costs reasonably incurred by the State Board of | ||||||
18 | Education or the State Board's designee in the administration | ||||||
19 | of the grant program described by this Section, the State | ||||||
20 | Board shall provide grants to any entity in subsection (a) | ||||||
21 | upon approval of an application submitted by the entity to | ||||||
22 | cover the costs incurred in obtaining crisis response mapping | ||||||
23 | data under this Section. The grant application must include | ||||||
24 | crisis response mapping data for all schools under the | ||||||
25 | jurisdiction of the entity submitting the application, | ||||||
26 | including, in the case of a public school district, any |
| |||||||
| |||||||
1 | charter schools authorized by the school board for the school | ||||||
2 | district. | ||||||
3 | (c) To be eligible for a grant under this Section, the | ||||||
4 | crisis response mapping data must, at a minimum: | ||||||
5 | (1) be compatible and integrate into security software | ||||||
6 | platforms in use by the specific school for which the data | ||||||
7 | is provided without requiring local law enforcement | ||||||
8 | agencies or the school district to purchase additional | ||||||
9 | software or requiring the integration of third-party | ||||||
10 | software to view the data; | ||||||
11 | (2) be compatible with security software platforms in | ||||||
12 | use by the specific school for which the data is provided | ||||||
13 | without requiring local public safety agencies or the | ||||||
14 | school district to purchase additional software or | ||||||
15 | requiring the integration of third-party software to view | ||||||
16 | the data; | ||||||
17 | (3) be capable of being provided in a printable | ||||||
18 | format; | ||||||
19 | (4) be verified for accuracy by an on-site | ||||||
20 | walk-through of the school building and grounds; | ||||||
21 | (5) be oriented to true north; | ||||||
22 | (6) be overlaid on current aerial imagery or plans of | ||||||
23 | the school building; | ||||||
24 | (7) contain site-specific labeling that matches the | ||||||
25 | structure of the school building, including room labels, | ||||||
26 | hallway names, and external door or stairwell numbers and |
| |||||||
| |||||||
1 | the location of hazards, critical utilities, key boxes, | ||||||
2 | automated external defibrillators, and trauma kits, and | ||||||
3 | that matches the school grounds, including parking areas, | ||||||
4 | athletic fields, surrounding roads, and neighboring | ||||||
5 | properties; and | ||||||
6 | (8) be overlaid with gridded x/y coordinates. | ||||||
7 | (d) Subject to appropriation, the crisis response mapping | ||||||
8 | data may be reviewed annually to update the data as necessary. | ||||||
9 | (e) Crisis response mapping data obtained pursuant to this | ||||||
10 | Section are confidential and exempt from disclosure under the | ||||||
11 | Freedom of Information Act. | ||||||
12 | (f) The State Board may adopt rules to implement the | ||||||
13 | provisions of this Section. | ||||||
14 | (Source: P.A. 103-8, eff. 6-7-23; revised 1-20-24.)
| ||||||
15 | (105 ILCS 128/55) | ||||||
16 | Sec. 55 50 . Rapid entry. A school building's emergency and | ||||||
17 | crisis response plan, protocol, and procedures shall include a | ||||||
18 | plan for local law enforcement to rapidly enter a school | ||||||
19 | building in the event of an emergency. | ||||||
20 | (Source: P.A. 103-194, eff. 1-1-24; revised 1-2-24.)
| ||||||
21 | Section 295. The University of Illinois Act is amended by | ||||||
22 | changing Section 115 as follows:
| ||||||
23 | (110 ILCS 305/115) |
| |||||||
| |||||||
1 | (Section scheduled to be repealed on January 1, 2025) | ||||||
2 | Sec. 115. Water rates report. | ||||||
3 | (a) Subject to appropriation, no later than June 30, 2023, | ||||||
4 | the Government Finance Research Center at the University of | ||||||
5 | Illinois at Chicago, in coordination with an intergovernmental | ||||||
6 | advisory committee, must issue a report evaluating the setting | ||||||
7 | of water rates throughout the Lake Michigan service area of | ||||||
8 | northeastern Illinois and, no later than December 31, 2024, | ||||||
9 | for the remainder of Illinois. The report must provide | ||||||
10 | recommendations for policy and regulatory needs at the State | ||||||
11 | and local level based on its findings. The report shall, at a | ||||||
12 | minimum, address all of the following areas: | ||||||
13 | (1) The components of a water bill. | ||||||
14 | (2) Reasons for increases in water rates. | ||||||
15 | (3) The definition of affordability throughout the | ||||||
16 | State and any variances to that definition. | ||||||
17 | (4) Evidence of rate-setting that utilizes | ||||||
18 | inappropriate practices. | ||||||
19 | (5) The extent to which State or local policies drive | ||||||
20 | cost increases or variations in rate-settings. | ||||||
21 | (6) Challenges within economically disadvantaged | ||||||
22 | communities in setting water rates. | ||||||
23 | (7) Opportunities for increased intergovernmental | ||||||
24 | coordination for setting equitable water rates. | ||||||
25 | (b) In developing the report under this Section, the | ||||||
26 | Government Finance Research Center shall form an advisory |
| |||||||
| |||||||
1 | committee, which shall be composed of all of the following | ||||||
2 | members: | ||||||
3 | (1) The Director of the Environmental Protection | ||||||
4 | Agency, or his or her designee. | ||||||
5 | (2) The Director of Natural Resources, or his or her | ||||||
6 | designee. | ||||||
7 | (3) The Director of Commerce and Economic Opportunity, | ||||||
8 | or his or her designee. | ||||||
9 | (4) The Attorney General, or his or her designee. | ||||||
10 | (5) At least 2 members who are representatives of | ||||||
11 | private water utilities operating in Illinois, appointed | ||||||
12 | by the Director of the Government Finance Research Center. | ||||||
13 | (6) At least 4 members who are representatives of | ||||||
14 | municipal water utilities, appointed by the Director of | ||||||
15 | the Government Finance Research Center. | ||||||
16 | (7) One member who is a representative of an | ||||||
17 | environmental justice advocacy organization, appointed by | ||||||
18 | the Director of the Government Finance Research Center. | ||||||
19 | (8) One member who is a representative of a consumer | ||||||
20 | advocacy organization, appointed by the Director of the | ||||||
21 | Government Finance Research Center. | ||||||
22 | (9) One member who is a representative of an | ||||||
23 | environmental planning organization that serves | ||||||
24 | northeastern Illinois, appointed by the Director of the | ||||||
25 | Government Finance Research Center. | ||||||
26 | (10) The Director of the Illinois State Water Survey, |
| |||||||
| |||||||
1 | or his or her designee. | ||||||
2 | (11) The Chairperson of the Illinois Commerce | ||||||
3 | Commission, or his or her designee. | ||||||
4 | (c) After all members are appointed, the committee shall | ||||||
5 | hold its first meeting at the call of the Director of the | ||||||
6 | Government Finance Research Center, at which meeting the | ||||||
7 | members shall select a chairperson from among themselves. | ||||||
8 | After its first meeting, the committee shall meet at the call | ||||||
9 | of the chairperson. Members of the committee shall serve | ||||||
10 | without compensation but may be reimbursed for their | ||||||
11 | reasonable and necessary expenses incurred in performing their | ||||||
12 | duties. The Government Finance Research Center shall provide | ||||||
13 | administrative and other support to the committee. | ||||||
14 | (d) (Blank . ) . | ||||||
15 | (e) This Section is repealed on January 1, 2025. | ||||||
16 | (Source: P.A. 102-507, eff. 8-20-21; 102-558, eff. 8-20-21; | ||||||
17 | 103-4, eff. 5-31-23; revised 9-20-23.)
| ||||||
18 | Section 300. The University of Illinois Hospital Act is | ||||||
19 | amended by setting forth, renumbering, and changing multiple | ||||||
20 | versions of Section 8h as follows:
| ||||||
21 | (110 ILCS 330/8h) | ||||||
22 | Sec. 8h. Maternal milk donation education. | ||||||
23 | (a) To ensure an adequate supply of pasteurized donor | ||||||
24 | human milk for premature infants in Illinois, the University |
| |||||||
| |||||||
1 | of Illinois Hospital shall provide information and | ||||||
2 | instructional materials to parents of each newborn, upon | ||||||
3 | discharge from the University of Illinois Hospital, regarding | ||||||
4 | the option to voluntarily donate milk to nonprofit non-profit | ||||||
5 | milk banks that are accredited by the Human Milk Banking | ||||||
6 | Association of North America or its successor organization. | ||||||
7 | The materials shall be provided free of charge and shall | ||||||
8 | include general information regarding nonprofit non-profit | ||||||
9 | milk banking practices and contact information for area | ||||||
10 | nonprofit milk banks that are accredited by the Human Milk | ||||||
11 | Banking Association of North America. | ||||||
12 | (b) The information and instructional materials described | ||||||
13 | in subsection (a) may be provided electronically. | ||||||
14 | (c) Nothing in this Section prohibits the University of | ||||||
15 | Illinois Hospital from obtaining free and suitable information | ||||||
16 | on voluntary milk donation from the Human Milk Banking | ||||||
17 | Association of North America, or its successor organization, | ||||||
18 | or their accredited members. | ||||||
19 | (Source: P.A. 103-160, eff. 1-1-24; revised 9-26-23.)
| ||||||
20 | (110 ILCS 330/8i) | ||||||
21 | Sec. 8i 8h . Emergency room treatment; delay of treatment | ||||||
22 | prohibition. Notwithstanding any provision of law to the | ||||||
23 | contrary, the University of Illinois Hospital, in accordance | ||||||
24 | with Section 1395dd(a) and 1395dd(b) of the Social Security | ||||||
25 | Act, shall not delay provisions of a required appropriate |
| |||||||
| |||||||
1 | medical screening examination or further medical examination | ||||||
2 | and treatment for a patient in a University of Illinois | ||||||
3 | Hospital emergency room in order to inquire about the | ||||||
4 | individual's method of payment or insurance status. | ||||||
5 | (Source: P.A. 103-213, eff. 1-1-24; revised 1-2-24.)
| ||||||
6 | Section 305. The Underserved Health Care Provider | ||||||
7 | Workforce Act is amended by changing Section 3.09 as follows:
| ||||||
8 | (110 ILCS 935/3.09) | ||||||
9 | Sec. 3.09. Eligible health care provider. "Eligible health | ||||||
10 | care provider" means a primary care physician, general | ||||||
11 | surgeon, emergency medicine physician, obstetrician, | ||||||
12 | chiropractic physician, anesthesiologist, advanced practice | ||||||
13 | registered nurse, or physician assistant who accepts Medicaid, | ||||||
14 | Medicare, the State's Children's Health Insurance Program, | ||||||
15 | private insurance, and self-pay. | ||||||
16 | (Source: P.A. 102-888, eff. 5-17-22; 103-219, eff. 1-1-24; | ||||||
17 | 103-507, eff. 1-1-24; revised 9-5-23.)
| ||||||
18 | Section 310. The Higher Education Student Assistance Act | ||||||
19 | is amended by changing Sections 65.100 and 67 as follows:
| ||||||
20 | (110 ILCS 947/65.100) | ||||||
21 | Sec. 65.100. AIM HIGH Grant Program. | ||||||
22 | (a) The General Assembly makes all of the following |
| |||||||
| |||||||
1 | findings: | ||||||
2 | (1) Both access and affordability are important | ||||||
3 | aspects of the Illinois Public Agenda for College and | ||||||
4 | Career Success report. | ||||||
5 | (2) This State is in the top quartile with respect to | ||||||
6 | the percentage of family income needed to pay for college. | ||||||
7 | (3) Research suggests that as loan amounts increase, | ||||||
8 | rather than an increase in grant amounts, the probability | ||||||
9 | of college attendance decreases. | ||||||
10 | (4) There is further research indicating that | ||||||
11 | socioeconomic status may affect the willingness of | ||||||
12 | students to use loans to attend college. | ||||||
13 | (5) Strategic use of tuition discounting can decrease | ||||||
14 | the amount of loans that students must use to pay for | ||||||
15 | tuition. | ||||||
16 | (6) A modest, individually tailored tuition discount | ||||||
17 | can make the difference in a student choosing to attend | ||||||
18 | college and enhance college access for low-income and | ||||||
19 | middle-income families. | ||||||
20 | (7) Even if the federally calculated financial need | ||||||
21 | for college attendance is met, the federally determined | ||||||
22 | Expected Family Contribution can still be a daunting | ||||||
23 | amount. | ||||||
24 | (8) This State is the second largest exporter of | ||||||
25 | students in the country. | ||||||
26 | (9) When talented Illinois students attend |
| |||||||
| |||||||
1 | universities in this State, the State and those | ||||||
2 | universities benefit. | ||||||
3 | (10) State universities in other states have adopted | ||||||
4 | pricing and incentives that allow many Illinois residents | ||||||
5 | to pay less to attend an out-of-state university than to | ||||||
6 | remain in this State for college. | ||||||
7 | (11) Supporting Illinois student attendance at | ||||||
8 | Illinois public universities can assist in State efforts | ||||||
9 | to maintain and educate a highly trained workforce. | ||||||
10 | (12) Modest tuition discounts that are individually | ||||||
11 | targeted and tailored can result in enhanced revenue for | ||||||
12 | public universities. | ||||||
13 | (13) By increasing a public university's capacity to | ||||||
14 | strategically use tuition discounting, the public | ||||||
15 | university will be capable of creating enhanced tuition | ||||||
16 | revenue by increasing enrollment yields. | ||||||
17 | (b) In this Section: | ||||||
18 | "Eligible applicant" means a student from any high school | ||||||
19 | in this State, whether or not recognized by the State Board of | ||||||
20 | Education, who is engaged in a program of study that in due | ||||||
21 | course will be completed by the end of the school year and who | ||||||
22 | meets all of the qualifications and requirements under this | ||||||
23 | Section. | ||||||
24 | "Tuition and other necessary fees" includes the customary | ||||||
25 | charge for instruction and use of facilities in general and | ||||||
26 | the additional fixed fees charged for specified purposes that |
| |||||||
| |||||||
1 | are required generally of non-grant recipients for each | ||||||
2 | academic period for which the grant applicant actually | ||||||
3 | enrolls, but does not include fees payable only once or | ||||||
4 | breakage fees and other contingent deposits that are | ||||||
5 | refundable in whole or in part. The Commission may adopt, by | ||||||
6 | rule not inconsistent with this Section, detailed provisions | ||||||
7 | concerning the computation of tuition and other necessary | ||||||
8 | fees. | ||||||
9 | (c) Beginning with the 2019-2020 academic year, each | ||||||
10 | public university may establish a merit-based scholarship | ||||||
11 | program known as the AIM HIGH Grant Program. Each year, the | ||||||
12 | Commission shall receive and consider applications from public | ||||||
13 | universities under this Section. Each participating public | ||||||
14 | university shall indicate that grants under the program come | ||||||
15 | from AIM HIGH and shall use the words "AIM HIGH" in the name of | ||||||
16 | any grant under the program and in any published or posted | ||||||
17 | materials about the program. Subject to appropriation and any | ||||||
18 | tuition waiver limitation established by the Board of Higher | ||||||
19 | Education, a public university campus may award a grant to a | ||||||
20 | student under this Section if it finds that the applicant | ||||||
21 | meets all of the following criteria: | ||||||
22 | (1) He or she is a resident of this State and a citizen | ||||||
23 | or eligible noncitizen of the United States. | ||||||
24 | (2) He or she files a Free Application for Federal | ||||||
25 | Student Aid and demonstrates financial need with a | ||||||
26 | household income no greater than 8 times the poverty |
| |||||||
| |||||||
1 | guidelines updated periodically in the Federal Register by | ||||||
2 | the U.S. Department of Health and Human Services under the | ||||||
3 | authority of 42 U.S.C. 9902(2). The household income of | ||||||
4 | the applicant at the time of initial application shall be | ||||||
5 | deemed to be the household income of the applicant for the | ||||||
6 | duration of the program. | ||||||
7 | (3) He or she meets the minimum cumulative grade point | ||||||
8 | average or ACT or SAT college admissions test score, as | ||||||
9 | determined by the public university campus. | ||||||
10 | (4) He or she is enrolled in a public university as an | ||||||
11 | undergraduate student on a full-time basis. | ||||||
12 | (5) He or she has not yet received a baccalaureate | ||||||
13 | degree or the equivalent of 135 semester credit hours. | ||||||
14 | (6) He or she is not incarcerated. | ||||||
15 | (7) He or she is not in default on any student loan or | ||||||
16 | does not owe a refund or repayment on any State or federal | ||||||
17 | grant or scholarship. | ||||||
18 | (8) Any other reasonable criteria, as determined by | ||||||
19 | the public university campus. | ||||||
20 | Each public university campus shall allow qualified | ||||||
21 | full-time undergraduate students to apply for a grant , but may | ||||||
22 | choose to allow qualified part-time undergraduate students who | ||||||
23 | are enrolling in their final semester at the public university | ||||||
24 | campus to also apply. | ||||||
25 | (d) Each public university campus shall determine grant | ||||||
26 | renewal criteria consistent with the requirements under this |
| |||||||
| |||||||
1 | Section. | ||||||
2 | (e) Each participating public university campus shall post | ||||||
3 | on its Internet website criteria and eligibility requirements | ||||||
4 | for receiving awards that use funds under this Section that | ||||||
5 | include a range in the sizes of these individual awards. The | ||||||
6 | criteria and amounts must also be reported to the Commission | ||||||
7 | and the Board of Higher Education, who shall post the | ||||||
8 | information on their respective Internet websites. | ||||||
9 | (f) After enactment of an appropriation for this Program, | ||||||
10 | the Commission shall determine an allocation of funds to each | ||||||
11 | public university in an amount proportionate to the number of | ||||||
12 | undergraduate students who are residents of this State and | ||||||
13 | citizens or eligible noncitizens of the United States and who | ||||||
14 | were enrolled at each public university campus in the previous | ||||||
15 | academic year. All applications must be made to the Commission | ||||||
16 | on or before a date determined by the Commission and on forms | ||||||
17 | that the Commission shall provide to each public university | ||||||
18 | campus. The form of the application and the information | ||||||
19 | required shall be determined by the Commission and shall | ||||||
20 | include, without limitation, the total public university | ||||||
21 | campus funds used to match funds received from the Commission | ||||||
22 | in the previous academic year under this Section, if any, the | ||||||
23 | total enrollment of undergraduate students who are residents | ||||||
24 | of this State from the previous academic year, and any | ||||||
25 | supporting documents as the Commission deems necessary. Each | ||||||
26 | public university campus shall match the amount of funds |
| |||||||
| |||||||
1 | received by the Commission with financial aid for eligible | ||||||
2 | students. | ||||||
3 | A public university in which an average of at least 49% of | ||||||
4 | the students seeking a bachelor's degree or certificate | ||||||
5 | received a Pell Grant over the prior 3 academic years, as | ||||||
6 | reported to the Commission, shall match 35% of the amount of | ||||||
7 | funds awarded in a given academic year with non-loan financial | ||||||
8 | aid for eligible students. A public university in which an | ||||||
9 | average of less than 49% of the students seeking a bachelor's | ||||||
10 | degree or certificate received a Pell Grant over the prior 3 | ||||||
11 | academic years, as reported to the Commission, shall match 70% | ||||||
12 | of the amount of funds awarded in a given academic year with | ||||||
13 | non-loan financial aid for eligible students. | ||||||
14 | A public university campus is not required to claim its | ||||||
15 | entire allocation. The Commission shall make available to all | ||||||
16 | public universities, on a date determined by the Commission, | ||||||
17 | any unclaimed funds and the funds must be made available to | ||||||
18 | those public university campuses in the proportion determined | ||||||
19 | under this subsection (f), excluding from the calculation | ||||||
20 | those public university campuses not claiming their full | ||||||
21 | allocations. | ||||||
22 | Each public university campus may determine the award | ||||||
23 | amounts for eligible students on an individual or broad basis, | ||||||
24 | but, subject to renewal eligibility, each renewed award may | ||||||
25 | not be less than the amount awarded to the eligible student in | ||||||
26 | his or her first year attending the public university campus. |
| |||||||
| |||||||
1 | Notwithstanding this limitation, a renewal grant may be | ||||||
2 | reduced due to changes in the student's cost of attendance, | ||||||
3 | including, but not limited to, if a student reduces the number | ||||||
4 | of credit hours in which he or she is enrolled, but remains a | ||||||
5 | full-time student, or switches to a course of study with a | ||||||
6 | lower tuition rate. | ||||||
7 | An eligible applicant awarded grant assistance under this | ||||||
8 | Section is eligible to receive other financial aid. Total | ||||||
9 | grant aid to the student from all sources may not exceed the | ||||||
10 | total cost of attendance at the public university campus. | ||||||
11 | (g) All money allocated to a public university campus | ||||||
12 | under this Section may be used only for financial aid purposes | ||||||
13 | for students attending the public university campus during the | ||||||
14 | academic year, not including summer terms. Notwithstanding any | ||||||
15 | other provision of law to the contrary, any funds received by a | ||||||
16 | public university campus under this Section that are not | ||||||
17 | granted to students in the academic year for which the funds | ||||||
18 | are received may be retained by the public university campus | ||||||
19 | for expenditure on students participating in the Program or | ||||||
20 | students eligible to participate in the Program. | ||||||
21 | (h) Each public university campus that establishes a | ||||||
22 | Program under this Section must annually report to the | ||||||
23 | Commission, on or before a date determined by the Commission, | ||||||
24 | the number of undergraduate students enrolled at that campus | ||||||
25 | who are residents of this State. | ||||||
26 | (i) Each public university campus must report to the |
| |||||||
| |||||||
1 | Commission the total non-loan financial aid amount given by | ||||||
2 | the public university campus to undergraduate students in the | ||||||
3 | 2017-2018 academic year or the 2021-2022 academic year, not | ||||||
4 | including the summer terms. To be eligible to receive funds | ||||||
5 | under the Program, a public university campus may not decrease | ||||||
6 | the total amount of non-loan financial aid it gives to | ||||||
7 | undergraduate students, not including any funds received from | ||||||
8 | the Commission under this Section or any funds used to match | ||||||
9 | grant awards under this Section, to an amount lower than the | ||||||
10 | amount reported under this subsection (i) for the 2017-2018 | ||||||
11 | academic year or the 2021-2022 academic year, whichever is | ||||||
12 | less, not including the summer terms. | ||||||
13 | (j) On or before a date determined by the Commission, each | ||||||
14 | public university campus that participates in the Program | ||||||
15 | under this Section shall annually submit a report to the | ||||||
16 | Commission with all of the following information: | ||||||
17 | (1) The Program's impact on tuition revenue and | ||||||
18 | enrollment goals and increase in access and affordability | ||||||
19 | at the public university campus. | ||||||
20 | (2) Total funds received by the public university | ||||||
21 | campus under the Program. | ||||||
22 | (3) Total non-loan financial aid awarded to | ||||||
23 | undergraduate students attending the public university | ||||||
24 | campus. | ||||||
25 | (4) Total amount of funds matched by the public | ||||||
26 | university campus. |
| |||||||
| |||||||
1 | (5) Total amount of claimed and unexpended funds | ||||||
2 | retained by the public university campus. | ||||||
3 | (6) The percentage of total financial aid distributed | ||||||
4 | under the Program by the public university campus. | ||||||
5 | (7) The total number of students receiving grants from | ||||||
6 | the public university campus under the Program and those | ||||||
7 | students' grade level, race, gender, income level, family | ||||||
8 | size, Monetary Award Program eligibility, Pell Grant | ||||||
9 | eligibility, and zip code of residence and the amount of | ||||||
10 | each grant award. This information shall include unit | ||||||
11 | record data on those students regarding variables | ||||||
12 | associated with the parameters of the public university's | ||||||
13 | Program, including, but not limited to, a student's ACT or | ||||||
14 | SAT college admissions test score, high school or | ||||||
15 | university cumulative grade point average, or program of | ||||||
16 | study. | ||||||
17 | On or before October 1, 2020 and annually on or before | ||||||
18 | October 1 through 2024, the Commission shall submit a report | ||||||
19 | with the findings under this subsection (j) and any other | ||||||
20 | information regarding the AIM HIGH Grant Program to (i) the | ||||||
21 | Governor, (ii) the Speaker of the House of Representatives, | ||||||
22 | (iii) the Minority Leader of the House of Representatives, | ||||||
23 | (iv) the President of the Senate, and (v) the Minority Leader | ||||||
24 | of the Senate. The reports to the General Assembly shall be | ||||||
25 | filed with the Clerk of the House of Representatives and the | ||||||
26 | Secretary of the Senate in electronic form only, in the manner |
| |||||||
| |||||||
1 | that the Clerk and the Secretary shall direct. The | ||||||
2 | Commission's report may not disaggregate data to a level that | ||||||
3 | may disclose personally identifying information of individual | ||||||
4 | students. | ||||||
5 | The sharing and reporting of student data under this | ||||||
6 | subsection (j) must be in accordance with the requirements | ||||||
7 | under the federal Family Educational Rights and Privacy Act of | ||||||
8 | 1974 and the Illinois School Student Records Act. All parties | ||||||
9 | must preserve the confidentiality of the information as | ||||||
10 | required by law. The names of the grant recipients under this | ||||||
11 | Section are not subject to disclosure under the Freedom of | ||||||
12 | Information Act. | ||||||
13 | Public university campuses that fail to submit a report | ||||||
14 | under this subsection (j) or that fail to adhere to any other | ||||||
15 | requirements under this Section may not be eligible for | ||||||
16 | distribution of funds under the Program for the next academic | ||||||
17 | year, but may be eligible for distribution of funds for each | ||||||
18 | academic year thereafter. | ||||||
19 | (k) The Commission shall adopt rules to implement this | ||||||
20 | Section. | ||||||
21 | (l) (Blank). | ||||||
22 | (Source: P.A. 103-8, eff. 6-7-23; 103-516, eff. 8-11-23; | ||||||
23 | revised 9-6-23.)
| ||||||
24 | (110 ILCS 947/67) | ||||||
25 | Sec. 67. Illinois DREAM Fund Commission. |
| |||||||
| |||||||
1 | (a) The Illinois Student Assistance Commission shall | ||||||
2 | establish an Illinois DREAM Fund Commission. The Governor | ||||||
3 | shall appoint, with the advice and consent of the Senate, | ||||||
4 | members to the Illinois DREAM Fund Commission, which shall be | ||||||
5 | comprised of 9 members representing the geographic and ethnic | ||||||
6 | diversity of this State, including students, college and | ||||||
7 | university administrators and faculty, and other individuals | ||||||
8 | committed to advancing the educational opportunities of the | ||||||
9 | children of immigrants. | ||||||
10 | (b) The Illinois DREAM Fund Commission is charged with all | ||||||
11 | of the following responsibilities: | ||||||
12 | (1) Administering this Section and raising funds for | ||||||
13 | the Illinois DREAM Fund. | ||||||
14 | (2) Establishing a not-for-profit entity charged with | ||||||
15 | raising funds for the administration of this Section, any | ||||||
16 | educational or training programs the Commission is tasked | ||||||
17 | with administering, and funding scholarships to students | ||||||
18 | who are the children of immigrants to the United States. | ||||||
19 | (3) Publicizing the availability of scholarships from | ||||||
20 | the Illinois DREAM Fund. | ||||||
21 | (4) Selecting the recipients of scholarships funded | ||||||
22 | through the Illinois DREAM Fund. | ||||||
23 | (5) Researching issues pertaining to the availability | ||||||
24 | of assistance with the costs of higher education for the | ||||||
25 | children of immigrants and other issues regarding access | ||||||
26 | for and the performance of the children of immigrants |
| |||||||
| |||||||
1 | within higher education. | ||||||
2 | (6) Overseeing implementation of the other provisions | ||||||
3 | of Public Act 97-233 this amendatory Act of the 97th | ||||||
4 | General Assembly . | ||||||
5 | (7) Establishing and administering training programs | ||||||
6 | for high school counselors and counselors, admissions | ||||||
7 | officers, and financial aid officers of public | ||||||
8 | institutions of higher education. The training programs | ||||||
9 | shall instruct participants on the educational | ||||||
10 | opportunities available to college-bound students who are | ||||||
11 | the children of immigrants, including, but not limited to, | ||||||
12 | in-state tuition and scholarship programs. The Illinois | ||||||
13 | DREAM Fund Commission may also establish a public | ||||||
14 | awareness campaign regarding educational opportunities | ||||||
15 | available to college bound students who are the children | ||||||
16 | of immigrants. | ||||||
17 | The Illinois DREAM Fund Commission shall establish, by | ||||||
18 | rule, procedures for accepting and evaluating applications for | ||||||
19 | scholarships from the children of immigrants and issuing | ||||||
20 | scholarships to selected student applicants. | ||||||
21 | (c) To receive a scholarship under this Section, a student | ||||||
22 | must meet all of the following qualifications: | ||||||
23 | (1) Have resided with his or her parents or guardian | ||||||
24 | while attending a public or private high school in this | ||||||
25 | State. | ||||||
26 | (2) Have graduated from a public or private high |
| |||||||
| |||||||
1 | school or received the equivalent of a high school diploma | ||||||
2 | in this State. | ||||||
3 | (3) Have attended school in this State for at least 3 | ||||||
4 | years as of the date he or she graduated from high school | ||||||
5 | or received the equivalent of a high school diploma. | ||||||
6 | (4) Have at least one parent who immigrated to the | ||||||
7 | United States. | ||||||
8 | (d) The Illinois Student Assistance Commission shall | ||||||
9 | establish an Illinois DREAM Fund to provide scholarships under | ||||||
10 | this Section. The Illinois DREAM Fund shall be funded entirely | ||||||
11 | from private contributions, gifts, grants, awards, and | ||||||
12 | proceeds from the scratch-off created in Section 21.16 of the | ||||||
13 | Illinois Lottery Law. | ||||||
14 | (e) The Illinois DREAM Fund Commission shall develop a | ||||||
15 | comprehensive program, including creation of informational | ||||||
16 | materials and a marketing plan, to educate people in the State | ||||||
17 | of Illinois about the purpose and benefits of contributions | ||||||
18 | made to the Illinois DREAM Fund. The Illinois DREAM Fund | ||||||
19 | Commission shall develop specific marketing materials for the | ||||||
20 | voluntary use by persons licensed pursuant to the Transmitters | ||||||
21 | of Money Act. | ||||||
22 | (Source: P.A. 103-338, eff. 7-28-23; 103-381, eff. 7-28-23; | ||||||
23 | revised 9-6-23.)
| ||||||
24 | Section 315. The Illinois Educational Labor Relations Act | ||||||
25 | is amended by changing Section 2 as follows:
|
| |||||||
| |||||||
1 | (115 ILCS 5/2) (from Ch. 48, par. 1702) | ||||||
2 | Sec. 2. Definitions. As used in this Act: | ||||||
3 | (a) "Educational employer" or "employer" means the | ||||||
4 | governing body of a public school district, including the | ||||||
5 | governing body of a charter school established under Article | ||||||
6 | 27A of the School Code or of a contract school or contract | ||||||
7 | turnaround school established under paragraph 30 of Section | ||||||
8 | 34-18 of the School Code, combination of public school | ||||||
9 | districts, including the governing body of joint agreements of | ||||||
10 | any type formed by 2 or more school districts, public | ||||||
11 | community college district or State college or university, a | ||||||
12 | subcontractor of instructional services of a school district | ||||||
13 | (other than a school district organized under Article 34 of | ||||||
14 | the School Code), combination of school districts, charter | ||||||
15 | school established under Article 27A of the School Code, or | ||||||
16 | contract school or contract turnaround school established | ||||||
17 | under paragraph 30 of Section 34-18 of the School Code, an | ||||||
18 | Independent Authority created under Section 2-3.25f-5 of the | ||||||
19 | School Code, and any State agency whose major function is | ||||||
20 | providing educational services. "Educational employer" or | ||||||
21 | "employer" does not include (1) a Financial Oversight Panel | ||||||
22 | created pursuant to Section 1A-8 of the School Code due to a | ||||||
23 | district violating a financial plan or (2) an approved | ||||||
24 | nonpublic special education facility that contracts with a | ||||||
25 | school district or combination of school districts to provide |
| |||||||
| |||||||
1 | special education services pursuant to Section 14-7.02 of the | ||||||
2 | School Code, but does include a School Finance Authority | ||||||
3 | created under Article 1E of the School Code and a Financial | ||||||
4 | Oversight Panel created under Article 1B or 1H of the School | ||||||
5 | Code. The change made by Public Act 96-104 this amendatory Act | ||||||
6 | of the 96th General Assembly to this paragraph (a) to make | ||||||
7 | clear that the governing body of a charter school is an | ||||||
8 | " educational employer " is declaratory of existing law. | ||||||
9 | (b) "Educational employee" or "employee" means any | ||||||
10 | individual, excluding supervisors, managerial, confidential, | ||||||
11 | short term employees, student, and part-time academic | ||||||
12 | employees of community colleges employed full or part time by | ||||||
13 | an educational employer, but shall not include elected | ||||||
14 | officials and appointees of the Governor with the advice and | ||||||
15 | consent of the Senate, firefighters as defined by subsection | ||||||
16 | (g-1) of Section 3 of the Illinois Public Labor Relations Act, | ||||||
17 | and peace officers employed by a State university. However, | ||||||
18 | with respect to an educational employer of a school district | ||||||
19 | organized under Article 34 of the School Code, a supervisor | ||||||
20 | shall be considered an educational employee under this | ||||||
21 | definition unless the supervisor is also a managerial | ||||||
22 | employee. For the purposes of this Act, part-time academic | ||||||
23 | employees of community colleges shall be defined as those | ||||||
24 | employees who provide less than 3 credit hours of instruction | ||||||
25 | per academic semester. In this subsection (b), the term | ||||||
26 | "student" does not include graduate students who are research |
| |||||||
| |||||||
1 | assistants primarily performing duties that involve research, | ||||||
2 | graduate assistants primarily performing duties that are | ||||||
3 | pre-professional, graduate students who are teaching | ||||||
4 | assistants primarily performing duties that involve the | ||||||
5 | delivery and support of instruction, or any other graduate | ||||||
6 | assistants. | ||||||
7 | (c) "Employee organization" or "labor organization" means | ||||||
8 | an organization of any kind in which membership includes | ||||||
9 | educational employees, and which exists for the purpose, in | ||||||
10 | whole or in part, of dealing with employers concerning | ||||||
11 | grievances, employee-employer disputes, wages, rates of pay, | ||||||
12 | hours of employment, or conditions of work, but shall not | ||||||
13 | include any organization which practices discrimination in | ||||||
14 | membership because of race, color, creed, age, gender, | ||||||
15 | national origin or political affiliation. | ||||||
16 | (d) "Exclusive representative" means the labor | ||||||
17 | organization which has been designated by the Illinois | ||||||
18 | Educational Labor Relations Board as the representative of the | ||||||
19 | majority of educational employees in an appropriate unit, or | ||||||
20 | recognized by an educational employer prior to January 1, 1984 | ||||||
21 | as the exclusive representative of the employees in an | ||||||
22 | appropriate unit or, after January 1, 1984, recognized by an | ||||||
23 | employer upon evidence that the employee organization has been | ||||||
24 | designated as the exclusive representative by a majority of | ||||||
25 | the employees in an appropriate unit. | ||||||
26 | (e) "Board" means the Illinois Educational Labor Relations |
| |||||||
| |||||||
1 | Board. | ||||||
2 | (f) "Regional Superintendent" means the regional | ||||||
3 | superintendent of schools provided for in Articles 3 and 3A of | ||||||
4 | The School Code. | ||||||
5 | (g) "Supervisor" means any individual having authority in | ||||||
6 | the interests of the employer to hire, transfer, suspend, lay | ||||||
7 | off, recall, promote, discharge, reward or discipline other | ||||||
8 | employees within the appropriate bargaining unit and adjust | ||||||
9 | their grievances, or to effectively recommend such action if | ||||||
10 | the exercise of such authority is not of a merely routine or | ||||||
11 | clerical nature but requires the use of independent judgment. | ||||||
12 | The term "supervisor" includes only those individuals who | ||||||
13 | devote a preponderance of their employment time to such | ||||||
14 | exercising authority. | ||||||
15 | (h) "Unfair labor practice" or "unfair practice" means any | ||||||
16 | practice prohibited by Section 14 of this Act. | ||||||
17 | (i) "Person" includes an individual, educational employee, | ||||||
18 | educational employer, legal representative, or employee | ||||||
19 | organization. | ||||||
20 | (j) "Wages" means salaries or other forms of compensation | ||||||
21 | for services rendered. | ||||||
22 | (k) "Professional employee" means, in the case of a public | ||||||
23 | community college, State college or university, State agency | ||||||
24 | whose major function is providing educational services, the | ||||||
25 | Illinois School for the Deaf, and the Illinois School for the | ||||||
26 | Visually Impaired, (1) any employee engaged in work (i) |
| |||||||
| |||||||
1 | predominantly intellectual and varied in character as opposed | ||||||
2 | to routine mental, manual, mechanical, or physical work; (ii) | ||||||
3 | involving the consistent exercise of discretion and judgment | ||||||
4 | in its performance; (iii) of such character that the output | ||||||
5 | produced or the result accomplished cannot be standardized in | ||||||
6 | relation to a given period of time; and (iv) requiring | ||||||
7 | knowledge of an advanced type in a field of science or learning | ||||||
8 | customarily acquired by a prolonged course of specialized | ||||||
9 | intellectual instruction and study in an institution of higher | ||||||
10 | learning or a hospital, as distinguished from a general | ||||||
11 | academic education or from an apprenticeship or from training | ||||||
12 | in the performance of routine mental, manual, or physical | ||||||
13 | processes; or (2) any employee, who (i) has completed the | ||||||
14 | courses of specialized intellectual instruction and study | ||||||
15 | described in clause (iv) of paragraph (1) of this subsection, | ||||||
16 | and (ii) is performing related work under the supervision of a | ||||||
17 | professional person to qualify himself or herself to become a | ||||||
18 | professional as defined in paragraph (l). | ||||||
19 | (l) "Professional employee" means, in the case of any | ||||||
20 | public school district, or combination of school districts | ||||||
21 | pursuant to joint agreement, any employee who has a license | ||||||
22 | issued under Article 21B of the School Code. | ||||||
23 | (m) "Unit" or "bargaining unit" means any group of | ||||||
24 | employees for which an exclusive representative is selected. | ||||||
25 | (n) "Confidential employee" means an employee, who (i) in | ||||||
26 | the regular course of his or her duties, assists and acts in a |
| |||||||
| |||||||
1 | confidential capacity to persons who formulate, determine and | ||||||
2 | effectuate management policies with regard to labor relations | ||||||
3 | or who (ii) in the regular course of his or her duties has | ||||||
4 | access to information relating to the effectuation or review | ||||||
5 | of the employer's collective bargaining policies. | ||||||
6 | (o) "Managerial employee" means, with respect to an | ||||||
7 | educational employer other than an educational employer of a | ||||||
8 | school district organized under Article 34 of the School Code, | ||||||
9 | an individual who is engaged predominantly in executive and | ||||||
10 | management functions and is charged with the responsibility of | ||||||
11 | directing the effectuation of such management policies and | ||||||
12 | practices or, with respect to an educational employer of a | ||||||
13 | school district organized under Article 34 of the School Code, | ||||||
14 | an individual who has a significant role in the negotiation of | ||||||
15 | collective bargaining agreements or who formulates and | ||||||
16 | determines employer-wide management policies and practices. | ||||||
17 | "Managerial employee" includes a general superintendent of | ||||||
18 | schools provided for under Section 34-6 of the School Code. | ||||||
19 | (p) "Craft employee" means a skilled journeyman, craft | ||||||
20 | person, and his or her apprentice or helper. | ||||||
21 | (q) "Short-term employee" is an employee who is employed | ||||||
22 | for less than 2 consecutive calendar quarters during a | ||||||
23 | calendar year and who does not have a reasonable expectation | ||||||
24 | that he or she will be rehired by the same employer for the | ||||||
25 | same service in a subsequent calendar year. Nothing in this | ||||||
26 | subsection shall affect the employee status of individuals who |
| |||||||
| |||||||
1 | were covered by a collective bargaining agreement on January | ||||||
2 | 1, 1992 ( the effective date of Public Act 87-736) this | ||||||
3 | amendatory Act of 1991 . | ||||||
4 | The changes made to this Section by Public Act 102-1138 | ||||||
5 | this amendatory Act of the 102nd General Assembly may not be | ||||||
6 | construed to void or change the powers and duties given to | ||||||
7 | local school councils under Section 34-2.3 of the School Code. | ||||||
8 | (Source: P.A. 101-380, eff. 1-1-20; 102-894, eff. 5-20-22; | ||||||
9 | 102-1071, eff. 6-10-22; 102-1138, eff. 2-10-23; revised | ||||||
10 | 3-2-23.)
| ||||||
11 | Section 320. The Alternative Health Care Delivery Act is | ||||||
12 | amended by changing Section 35.2 as follows:
| ||||||
13 | (210 ILCS 3/35.2) | ||||||
14 | Sec. 35.2. Maternal milk donation education. | ||||||
15 | (a) To ensure an adequate supply of pasteurized donor | ||||||
16 | human milk for premature infants in Illinois, a birth center | ||||||
17 | with obstetrical service beds shall provide information and | ||||||
18 | instructional materials to parents of each newborn, upon | ||||||
19 | discharge from the birth center, regarding the option to | ||||||
20 | voluntarily donate milk to nonprofit non-profit milk banks | ||||||
21 | that are accredited by the Human Milk Banking Association of | ||||||
22 | North America or its successor organization. The materials | ||||||
23 | shall be provided free of charge and shall include general | ||||||
24 | information regarding nonprofit non-profit milk banking |
| |||||||
| |||||||
1 | practices and contact information for area nonprofit milk | ||||||
2 | banks that are accredited by the Human Milk Banking | ||||||
3 | Association of North America. | ||||||
4 | (b) The information and instructional materials described | ||||||
5 | in subsection (a) may be provided electronically. | ||||||
6 | (c) Nothing in this Section prohibits a birth center from | ||||||
7 | obtaining free and suitable information on voluntary milk | ||||||
8 | donation from the Human Milk Banking Association of North | ||||||
9 | America, or its successor organization, or its accredited | ||||||
10 | members. | ||||||
11 | (Source: P.A. 103-160, eff. 1-1-24; revised 12-22-23.)
| ||||||
12 | Section 325. The Life Care Facilities Act is amended by | ||||||
13 | setting forth, renumbering, and changing multiple versions of | ||||||
14 | Section 10.3 as follows:
| ||||||
15 | (210 ILCS 40/10.3) | ||||||
16 | Sec. 10.3. Posting of Long Term Care Ombudsman Program | ||||||
17 | information. | ||||||
18 | (a) Except as provided under subsection (b), all licensed | ||||||
19 | facilities shall post on the home page of the facility's | ||||||
20 | website the following: | ||||||
21 | (1) The Long Term Care Ombudsman Program's statewide | ||||||
22 | toll-free telephone number. | ||||||
23 | (2) A link to the Long Term Care Ombudsman Program's | ||||||
24 | website. |
| |||||||
| |||||||
1 | (b) A facility: | ||||||
2 | (1) may comply with this Section by posting the | ||||||
3 | required information on the website of the facility's | ||||||
4 | parent company if the facility does not maintain a unique | ||||||
5 | website; | ||||||
6 | (2) is not required to comply with this Section if the | ||||||
7 | facility and any parent company do not maintain a website; | ||||||
8 | and | ||||||
9 | (3) is not required to comply with this Section in | ||||||
10 | instances where the parent company operates in multiple | ||||||
11 | states and the facility does not maintain a unique | ||||||
12 | website. | ||||||
13 | (Source: P.A. 103-119, eff. 1-1-24; revised 12-22-23.)
| ||||||
14 | (210 ILCS 40/10.4) | ||||||
15 | Sec. 10.4 10.3 . Provision of at-home continuing care. | ||||||
16 | (a) The Department shall adopt rules that: | ||||||
17 | (1) establish standards for providers of at-home | ||||||
18 | continuing care; | ||||||
19 | (2) provide for the certification and registration of | ||||||
20 | providers of at-home continuing care and the annual | ||||||
21 | renewal of certificates of registration; | ||||||
22 | (3) provide for and encourage the establishment of | ||||||
23 | at-home continuing care programs; | ||||||
24 | (4) set minimum requirements for any individual who is | ||||||
25 | employed by or under contract with a provider of at-home |
| |||||||
| |||||||
1 | continuing care and who will enter a provider of at-home | ||||||
2 | continuing care's subscriber's home to provide at-home | ||||||
3 | continuing care services, including requirements for | ||||||
4 | criminal background checks of such an individual who will | ||||||
5 | have routine, direct access to a subscriber; | ||||||
6 | (5) establish standards for the renewal of | ||||||
7 | certificates of registration for providers of at-home | ||||||
8 | continuing care; | ||||||
9 | (6) establish standards for the number of executed | ||||||
10 | agreements necessary to begin operation as a provider of | ||||||
11 | at-home continuing care; | ||||||
12 | (7) establish standards for when and how a provider of | ||||||
13 | at-home continuing care or a subscriber may rescind an | ||||||
14 | at-home continuing care agreement before at-home | ||||||
15 | continuing care services are provided to the subscriber; | ||||||
16 | (8) allow a subscriber to rescind an agreement for | ||||||
17 | at-home continuing care services at any time if the terms | ||||||
18 | of the agreement violate this Section; | ||||||
19 | (9) establish that a provider may terminate an | ||||||
20 | agreement to provide at-home continuing care services or | ||||||
21 | discharge a subscriber only for just cause; and | ||||||
22 | (10) establish procedures to carry out a termination | ||||||
23 | or discharge under paragraph (9). | ||||||
24 | (b) The Department shall certify and register a person as | ||||||
25 | a provider of at-home continuing care services under this | ||||||
26 | Section if the Department determines that: |
| |||||||
| |||||||
1 | (1) a reasonable financial plan has been developed to | ||||||
2 | provide at-home continuing care services, including a plan | ||||||
3 | for the number of agreements to be executed before | ||||||
4 | beginning operation; | ||||||
5 | (2) a market for the at-home continuing care program | ||||||
6 | exists; | ||||||
7 | (3) the provider has submitted all proposed | ||||||
8 | advertisements, advertising campaigns, and other | ||||||
9 | promotional materials for the program; | ||||||
10 | (4) the form and substance of all advertisements, | ||||||
11 | advertising campaigns, and other promotional materials | ||||||
12 | submitted are not deceptive, misleading, or likely to | ||||||
13 | mislead; and | ||||||
14 | (5) an actuarial forecast supports the market for the | ||||||
15 | program. | ||||||
16 | (c) A provider may not enter into an agreement to provide | ||||||
17 | at-home continuing care services until the Department issues a | ||||||
18 | preliminary certificate of registration to the provider. An | ||||||
19 | application for a preliminary certificate of registration | ||||||
20 | shall: | ||||||
21 | (1) be filed in a form determined by the Department by | ||||||
22 | rule; and | ||||||
23 | (2) include: | ||||||
24 | (A) a copy of the proposed at-home continuing care | ||||||
25 | agreement; and | ||||||
26 | (B) the form and substance of any proposed |
| |||||||
| |||||||
1 | advertisements, advertising campaigns, or other | ||||||
2 | promotional materials for the program that are is | ||||||
3 | available at the time of filing the application and | ||||||
4 | that have has not been filed previously with the | ||||||
5 | Department. | ||||||
6 | (d) The Department shall issue a preliminary certificate | ||||||
7 | of registration to a provider under subsection (c) if the | ||||||
8 | Department determines that: | ||||||
9 | (1) the proposed at-home continuing care agreement is | ||||||
10 | satisfactory; | ||||||
11 | (2) the provider has submitted all proposed | ||||||
12 | advertisements, advertising campaigns, and other | ||||||
13 | promotional materials for the program; and | ||||||
14 | (3) the form and substance of all advertisements, | ||||||
15 | advertising campaigns, and other promotional materials | ||||||
16 | submitted are not deceptive, misleading, or likely to | ||||||
17 | mislead. | ||||||
18 | (e) A person may not provide at-home continuing care | ||||||
19 | services until the Department issues a certificate of | ||||||
20 | registration to the person. An application for a certificate | ||||||
21 | of registration shall: | ||||||
22 | (1) be filed in a form determined by the Department by | ||||||
23 | rule; and | ||||||
24 | (2) include: | ||||||
25 | (A) verification that the required number of | ||||||
26 | agreements has been executed; |
| |||||||
| |||||||
1 | (B) the form and substance of any proposed | ||||||
2 | advertisements, advertising campaigns, or other | ||||||
3 | promotional materials for the program that are | ||||||
4 | available at the time of filing and that have not been | ||||||
5 | filed previously with the Department; and | ||||||
6 | (C) verification that any other license or | ||||||
7 | certificate required by other appropriate State units | ||||||
8 | has been issued to the provider. | ||||||
9 | (f) The Department shall issue a certificate of | ||||||
10 | registration to a provider under subsection (e) if the | ||||||
11 | Department determines that: | ||||||
12 | (1) the information and documents submitted and | ||||||
13 | application for a preliminary certificate of registration | ||||||
14 | are current and accurate or have been updated to make them | ||||||
15 | accurate; | ||||||
16 | (2) the required agreements have been executed; | ||||||
17 | (3) any other license or certificate required by other | ||||||
18 | appropriate State units has been issued to the provider; | ||||||
19 | (4) the provider has submitted all proposed | ||||||
20 | advertisements, advertising campaigns, and other | ||||||
21 | promotional materials for the program; and | ||||||
22 | (5) the material submitted is not an advertisement, | ||||||
23 | advertising campaign, or other promotional material that | ||||||
24 | is deceptive, misleading, or likely to mislead. | ||||||
25 | If a provider intends to advertise before the Department | ||||||
26 | issues a certificate of registration, the provider shall |
| |||||||
| |||||||
1 | submit to the Department any advertisement, advertising | ||||||
2 | campaign, or other promotional material materials before using | ||||||
3 | it. | ||||||
4 | (g) Every 2 years, within 120 days after the end of a | ||||||
5 | provider's fiscal year, a provider shall file an application | ||||||
6 | for a renewal certificate of registration with the Department. | ||||||
7 | The application shall: | ||||||
8 | (A) be filed in a form determined by the | ||||||
9 | Department by rule; and | ||||||
10 | (B) contain any reasonable and pertinent | ||||||
11 | information that the Department requires. | ||||||
12 | (h) The Department shall issue a renewal certificate of | ||||||
13 | registration under subsection (g) if the Department determines | ||||||
14 | that: | ||||||
15 | (1) all required documents have been filed and are | ||||||
16 | satisfactory; | ||||||
17 | (2) any revised agreements for at-home continuing care | ||||||
18 | services meet the Department's requirements; | ||||||
19 | (3) the provider has submitted all proposed | ||||||
20 | advertisements, advertising campaigns, and other | ||||||
21 | promotional materials for the program; and | ||||||
22 | (4) the form and substance of all advertisements, | ||||||
23 | advertising campaigns, and other promotional materials | ||||||
24 | submitted are not deceptive, misleading, or likely to | ||||||
25 | mislead. | ||||||
26 | (i) The Department may deny, suspend, or revoke a |
| |||||||
| |||||||
1 | preliminary, initial, or renewal certificate of registration | ||||||
2 | under this Section for cause. The Department shall set forth | ||||||
3 | in writing its reasons for a denial, suspension, or | ||||||
4 | revocation. A provider may appeal a denial in writing. Grounds | ||||||
5 | for a denial, suspension, or revocation include, but are not | ||||||
6 | limited to: | ||||||
7 | (1) violation of this Section; | ||||||
8 | (2) violation of a rule adopted by the Department | ||||||
9 | under this Section; | ||||||
10 | (3) misrepresentation; or | ||||||
11 | (4) submission of false information. | ||||||
12 | (Source: P.A. 103-332, eff. 1-1-24; revised 1-2-24.)
| ||||||
13 | Section 330. The Emergency Medical Services (EMS) Systems | ||||||
14 | Act is amended by changing Sections 3.55 and 3.116 as follows:
| ||||||
15 | (210 ILCS 50/3.55) | ||||||
16 | Sec. 3.55. Scope of practice. | ||||||
17 | (a) Any person currently licensed as an EMR, EMT, EMT-I, | ||||||
18 | A-EMT, PHRN, PHAPRN, PHPA, or Paramedic may perform emergency | ||||||
19 | and non-emergency medical services as defined in this Act, in | ||||||
20 | accordance with his or her level of education, training and | ||||||
21 | licensure, the standards of performance and conduct prescribed | ||||||
22 | by the Department in rules adopted pursuant to this Act, and | ||||||
23 | the requirements of the EMS System in which he or she | ||||||
24 | practices, as contained in the approved Program Plan for that |
| |||||||
| |||||||
1 | System. The Director may, by written order, temporarily modify | ||||||
2 | individual scopes of practice in response to public health | ||||||
3 | emergencies for periods not exceeding 180 days. | ||||||
4 | (a-5) EMS personnel who have successfully completed a | ||||||
5 | Department approved course in automated defibrillator | ||||||
6 | operation and who are functioning within a Department approved | ||||||
7 | EMS System may utilize such automated defibrillator according | ||||||
8 | to the standards of performance and conduct prescribed by the | ||||||
9 | Department in rules adopted pursuant to this Act and the | ||||||
10 | requirements of the EMS System in which they practice, as | ||||||
11 | contained in the approved Program Plan for that System. | ||||||
12 | (a-7) An EMT, EMT-I, A-EMT, PHRN, PHAPRN, PHPA, or | ||||||
13 | Paramedic who has successfully completed a Department approved | ||||||
14 | course in the administration of epinephrine shall be required | ||||||
15 | to carry epinephrine with him or her as part of the EMS | ||||||
16 | personnel medical supplies whenever he or she is performing | ||||||
17 | official duties as determined by the EMS System. The | ||||||
18 | epinephrine may be administered from a glass vial, | ||||||
19 | auto-injector, ampule, or pre-filled syringe. | ||||||
20 | (b) An EMR, EMT, EMT-I, A-EMT, PHRN, PHAPRN, PHPA, or | ||||||
21 | Paramedic may practice as an EMR, EMT, EMT-I, A-EMT, or | ||||||
22 | Paramedic or utilize his or her EMR, EMT, EMT-I, A-EMT, PHRN, | ||||||
23 | PHAPRN, PHPA, or Paramedic license in pre-hospital or | ||||||
24 | inter-hospital emergency care settings or non-emergency | ||||||
25 | medical transport situations, under the written or verbal | ||||||
26 | direction of the EMS Medical Director. For purposes of this |
| |||||||
| |||||||
1 | Section, a "pre-hospital emergency care setting" may include a | ||||||
2 | location, that is not a health care facility, which utilizes | ||||||
3 | EMS personnel to render pre-hospital emergency care prior to | ||||||
4 | the arrival of a transport vehicle. The location shall include | ||||||
5 | communication equipment and all of the portable equipment and | ||||||
6 | drugs appropriate for the EMR, EMT, EMT-I, A-EMT, or | ||||||
7 | Paramedic's level of care, as required by this Act, rules | ||||||
8 | adopted by the Department pursuant to this Act, and the | ||||||
9 | protocols of the EMS Systems, and shall operate only with the | ||||||
10 | approval and under the direction of the EMS Medical Director. | ||||||
11 | This Section shall not prohibit an EMR, EMT, EMT-I, A-EMT, | ||||||
12 | PHRN, PHAPRN, PHPA, or Paramedic from practicing within an | ||||||
13 | emergency department or other health care setting for the | ||||||
14 | purpose of receiving continuing education or training approved | ||||||
15 | by the EMS Medical Director. This Section shall also not | ||||||
16 | prohibit an EMT, EMT-I, A-EMT, PHRN, PHAPRN, PHPA, or | ||||||
17 | Paramedic from seeking credentials other than his or her EMT, | ||||||
18 | EMT-I, A-EMT, PHRN, PHAPRN, PHPA, or Paramedic license and | ||||||
19 | utilizing such credentials to work in emergency departments or | ||||||
20 | other health care settings under the jurisdiction of that | ||||||
21 | employer. | ||||||
22 | (c) An EMT, EMT-I, A-EMT, PHRN, PHAPRN, PHPA, or Paramedic | ||||||
23 | may honor Do Not Resuscitate (DNR) orders and powers of | ||||||
24 | attorney for health care only in accordance with rules adopted | ||||||
25 | by the Department pursuant to this Act and protocols of the EMS | ||||||
26 | System in which he or she practices. |
| |||||||
| |||||||
1 | (d) A student enrolled in a Department approved EMS | ||||||
2 | personnel program, while fulfilling the clinical training and | ||||||
3 | in-field supervised experience requirements mandated for | ||||||
4 | licensure or approval by the System and the Department, may | ||||||
5 | perform prescribed procedures under the direct supervision of | ||||||
6 | a physician licensed to practice medicine in all of its | ||||||
7 | branches, a qualified registered professional nurse, or | ||||||
8 | qualified EMS personnel, only when authorized by the EMS | ||||||
9 | Medical Director. | ||||||
10 | (e) An EMR, EMT, EMT-I, A-EMT, PHRN, PHAPRN, PHPA, or | ||||||
11 | Paramedic may transport a police dog injured in the line of | ||||||
12 | duty to a veterinary clinic or similar facility if there are no | ||||||
13 | persons requiring medical attention or transport at that time. | ||||||
14 | For the purposes of this subsection, "police dog" means a dog | ||||||
15 | owned or used by a law enforcement department or agency in the | ||||||
16 | course of the department or agency's work, including a search | ||||||
17 | and rescue dog, service dog, accelerant detection canine, or | ||||||
18 | other dog that is in use by a county, municipal, or State law | ||||||
19 | enforcement agency. | ||||||
20 | (f) Nothing in this Act shall be construed to prohibit an | ||||||
21 | EMT, EMT-I, A-EMT, Paramedic, or PHRN from completing an | ||||||
22 | initial Occupational Safety and Health Administration | ||||||
23 | Respirator Medical Evaluation Questionnaire on behalf of fire | ||||||
24 | service personnel, as permitted by his or her EMS System | ||||||
25 | Medical Director. | ||||||
26 | (g) An EMT, EMT-I, A-EMT, Paramedic, PHRN, PHAPRN, or PHPA |
| |||||||
| |||||||
1 | shall be eligible to work for another EMS System for a period | ||||||
2 | not to exceed 2 weeks if the individual is under the direct | ||||||
3 | supervision of another licensed individual operating at the | ||||||
4 | same or higher level as the EMT, EMT-I, A-EMT, Paramedic, | ||||||
5 | PHRN, PHAPRN, or PHPA; obtained approval in writing from the | ||||||
6 | EMS System's Medical Director; and tests into the EMS System | ||||||
7 | based upon appropriate standards as outlined in the EMS System | ||||||
8 | Program Plan. The EMS System within which the EMT, EMT-I, | ||||||
9 | A-EMT, Paramedic, PHRN, PHAPRN, or PHPA is seeking to join | ||||||
10 | must make all required testing available to the EMT, EMT-I, | ||||||
11 | A-EMT, Paramedic, PHRN, PHAPRN, or PHPA within 2 weeks after | ||||||
12 | the written request. Failure to do so by the EMS System shall | ||||||
13 | allow the EMT, EMT-I, A-EMT, Paramedic, PHRN, PHAPRN, or PHPA | ||||||
14 | to continue working for another EMS System until all required | ||||||
15 | testing becomes available. | ||||||
16 | (h) (g) A member of a fire department's or fire protection | ||||||
17 | district's collective bargaining unit shall be eligible to | ||||||
18 | work under a silver spanner program for another EMS System's | ||||||
19 | fire department or fire protection district that is not the | ||||||
20 | full-time employer of that member, for a period not to exceed 2 | ||||||
21 | weeks, if the member: (1) is under the direct supervision of | ||||||
22 | another licensed individual operating at the same or higher | ||||||
23 | licensure level as the member; (2) made a written request to | ||||||
24 | the EMS System's Medical Director for approval to work under | ||||||
25 | the silver spanner program, which shall be approved or denied | ||||||
26 | within 24 hours after the EMS System's Medical Director |
| |||||||
| |||||||
1 | received the request; and (3) tests into the EMS System based | ||||||
2 | upon appropriate standards as outlined in the EMS System | ||||||
3 | Program Plan. The EMS System within which the member is | ||||||
4 | seeking to join must make all required testing available to | ||||||
5 | the member within 2 weeks of the written request. Failure to do | ||||||
6 | so by the EMS System shall allow the member to continue working | ||||||
7 | under a silver spanner program until all required testing | ||||||
8 | becomes available. | ||||||
9 | (Source: P.A. 102-79, eff. 1-1-22; 103-521, eff. 1-1-24; | ||||||
10 | 103-547, eff. 8-11-23; revised 8-30-23.)
| ||||||
11 | (210 ILCS 50/3.116) | ||||||
12 | Sec. 3.116. Hospital Stroke Care; definitions. As used in | ||||||
13 | Sections 3.116 through 3.119, 3.130, and 3.200 of this Act: | ||||||
14 | "Acute Stroke-Ready Hospital" means a hospital that has | ||||||
15 | been designated by the Department as meeting the criteria for | ||||||
16 | providing emergent stroke care. Designation may be provided | ||||||
17 | after a hospital has been certified or through application and | ||||||
18 | designation as such. | ||||||
19 | "Certification" or "certified" means certification, using | ||||||
20 | evidence-based standards, from a nationally recognized | ||||||
21 | certifying body approved by the Department. | ||||||
22 | "Comprehensive Stroke Center" means a hospital that has | ||||||
23 | been certified and has been designated as such. | ||||||
24 | "Designation" or "designated" means the Department's | ||||||
25 | recognition of a hospital as a Comprehensive Stroke Center, |
| |||||||
| |||||||
1 | Primary Stroke Center, or Acute Stroke-Ready Hospital. | ||||||
2 | "Emergent stroke care" is emergency medical care that | ||||||
3 | includes diagnosis and emergency medical treatment of acute | ||||||
4 | stroke patients. | ||||||
5 | "Emergent Stroke Ready Hospital" means a hospital that has | ||||||
6 | been designated by the Department as meeting the criteria for | ||||||
7 | providing emergent stroke care. | ||||||
8 | "Primary Stroke Center" means a hospital that has been | ||||||
9 | certified by a Department-approved, nationally recognized | ||||||
10 | certifying body and designated as such by the Department. | ||||||
11 | "Primary Stroke Center Plus" means a hospital that has | ||||||
12 | been certified by a Department-approved, nationally recognized | ||||||
13 | certifying body and designated as such by the Department. | ||||||
14 | "Regional Stroke Advisory Subcommittee" means a | ||||||
15 | subcommittee formed within each Regional EMS Advisory | ||||||
16 | Committee to advise the Director and the Region's EMS Medical | ||||||
17 | Directors Committee on the triage, treatment, and transport of | ||||||
18 | possible acute stroke patients and to select the Region's | ||||||
19 | representative to the State Stroke Advisory Subcommittee. At | ||||||
20 | minimum, the Regional Stroke Advisory Subcommittee shall | ||||||
21 | consist of: one representative from the EMS Medical Directors | ||||||
22 | Committee; one EMS coordinator from a Resource Hospital; one | ||||||
23 | administrative representative or his or her designee from each | ||||||
24 | level of stroke care, including Comprehensive Stroke Centers | ||||||
25 | within the Region, if any, Thrombectomy Capable Stroke Centers | ||||||
26 | within the Region, if any, Thrombectomy Ready Stroke Centers |
| |||||||
| |||||||
1 | within the Region, if any, Primary Stroke Centers Plus within | ||||||
2 | the Region, if any, Primary Stroke Centers within the Region, | ||||||
3 | if any, and Acute Stroke-Ready Hospitals within the Region, if | ||||||
4 | any; one physician from each level of stroke care, including | ||||||
5 | one physician who is a neurologist or who provides advanced | ||||||
6 | stroke care at a Comprehensive Stroke Center in the Region, if | ||||||
7 | any, one physician who is a neurologist or who provides acute | ||||||
8 | stroke care at a Thrombectomy Capable Stroke Center within the | ||||||
9 | Region, if any, a Thrombectomy Ready Stroke Center within the | ||||||
10 | Region, if any, or a Primary Stroke Center Plus in the Region, | ||||||
11 | if any, one physician who is a neurologist or who provides | ||||||
12 | acute stroke care at a Primary Stroke Center in the Region, if | ||||||
13 | any, and one physician who provides acute stroke care at an | ||||||
14 | Acute Stroke-Ready Hospital in the Region, if any; one nurse | ||||||
15 | practicing in each level of stroke care, including one nurse | ||||||
16 | from a Comprehensive Stroke Center in the Region, if any, one | ||||||
17 | nurse from a Thrombectomy Capable Stroke Center, if any, a | ||||||
18 | Thrombectomy Ready Stroke Center within the Region, if any, or | ||||||
19 | a Primary Stroke Center Plus in the Region, if any, one nurse | ||||||
20 | from a Primary Stroke Center in the Region, if any, and one | ||||||
21 | nurse from an Acute Stroke-Ready Hospital in the Region, if | ||||||
22 | any; one representative from both a public and a private | ||||||
23 | vehicle service provider that transports possible acute stroke | ||||||
24 | patients within the Region; the State-designated regional EMS | ||||||
25 | Coordinator; and a fire chief or his or her designee from the | ||||||
26 | EMS Region, if the Region serves a population of more than |
| |||||||
| |||||||
1 | 2,000,000. The Regional Stroke Advisory Subcommittee shall | ||||||
2 | establish bylaws to ensure equal membership that rotates and | ||||||
3 | clearly delineates committee responsibilities and structure. | ||||||
4 | Of the members first appointed, one-third shall be appointed | ||||||
5 | for a term of one year, one-third shall be appointed for a term | ||||||
6 | of 2 years, and the remaining members shall be appointed for a | ||||||
7 | term of 3 years. The terms of subsequent appointees shall be 3 | ||||||
8 | years. | ||||||
9 | "State Stroke Advisory Subcommittee" means a standing | ||||||
10 | advisory body within the State Emergency Medical Services | ||||||
11 | Advisory Council. | ||||||
12 | "Thrombectomy Capable Stroke Center" means a hospital that | ||||||
13 | has been certified by a Department-approved, nationally | ||||||
14 | recognized certifying body and designated as such by the | ||||||
15 | Department. | ||||||
16 | "Thrombectomy Ready Stroke Center" means a hospital that | ||||||
17 | has been certified by a Department-approved, nationally | ||||||
18 | recognized certifying body and designated as such by the | ||||||
19 | Department. | ||||||
20 | (Source: P.A. 102-687, eff. 12-17-21; 103-149, eff. 1-1-24; | ||||||
21 | 103-363, eff. 7-28-23; revised 12-12-23.)
| ||||||
22 | Section 335. The Hospital Licensing Act is amended by | ||||||
23 | changing Sections 10.10 and 11.9 as follows:
| ||||||
24 | (210 ILCS 85/10.10) |
| |||||||
| |||||||
1 | Sec. 10.10. Nurse staffing by patient acuity. | ||||||
2 | (a) Findings. The Legislature finds and declares all of | ||||||
3 | the following: | ||||||
4 | (1) The State of Illinois has a substantial interest | ||||||
5 | in promoting quality care and improving the delivery of | ||||||
6 | health care services. | ||||||
7 | (2) Evidence-based studies have shown that the basic | ||||||
8 | principles of staffing in the acute care setting should be | ||||||
9 | based on the complexity of patients' care needs aligned | ||||||
10 | with available nursing skills to promote quality patient | ||||||
11 | care consistent with professional nursing standards. | ||||||
12 | (3) Compliance with this Section promotes an | ||||||
13 | organizational climate that values registered nurses' | ||||||
14 | input in meeting the health care needs of hospital | ||||||
15 | patients. | ||||||
16 | (b) Definitions. As used in this Section: | ||||||
17 | "Acuity model" means an assessment tool selected and | ||||||
18 | implemented by a hospital, as recommended by a nursing care | ||||||
19 | committee, that assesses the complexity of patient care needs | ||||||
20 | requiring professional nursing care and skills and aligns | ||||||
21 | patient care needs and nursing skills consistent with | ||||||
22 | professional nursing standards. | ||||||
23 | "Department" means the Department of Public Health. | ||||||
24 | "Direct patient care" means care provided by a registered | ||||||
25 | professional nurse with direct responsibility to oversee or | ||||||
26 | carry out medical regimens or nursing care for one or more |
| |||||||
| |||||||
1 | patients. | ||||||
2 | "Nursing care committee" means a hospital-wide committee | ||||||
3 | or committees of nurses whose functions, in part or in whole, | ||||||
4 | contribute to the development, recommendation, and review of | ||||||
5 | the hospital's nurse staffing plan established pursuant to | ||||||
6 | subsection (d). | ||||||
7 | "Registered professional nurse" means a person licensed as | ||||||
8 | a Registered Nurse under the Nurse Practice Act. | ||||||
9 | "Written staffing plan for nursing care services" means a | ||||||
10 | written plan for the assignment of patient care nursing staff | ||||||
11 | based on multiple nurse and patient considerations that yield | ||||||
12 | minimum staffing levels for inpatient care units and the | ||||||
13 | adopted acuity model aligning patient care needs with nursing | ||||||
14 | skills required for quality patient care consistent with | ||||||
15 | professional nursing standards. | ||||||
16 | (c) Written staffing plan. | ||||||
17 | (1) Every hospital shall implement a written | ||||||
18 | hospital-wide staffing plan, prepared by a nursing care | ||||||
19 | committee or committees, that provides for minimum direct | ||||||
20 | care professional registered nurse-to-patient staffing | ||||||
21 | needs for each inpatient care unit, including inpatient | ||||||
22 | emergency departments. If the staffing plan prepared by | ||||||
23 | the nursing care committee is not adopted by the hospital, | ||||||
24 | or if substantial changes are proposed to it, the chief | ||||||
25 | nursing officer shall either: (i) provide a written | ||||||
26 | explanation to the committee of the reasons the plan was |
| |||||||
| |||||||
1 | not adopted; or (ii) provide a written explanation of any | ||||||
2 | substantial changes made to the proposed plan prior to it | ||||||
3 | being adopted by the hospital. The written hospital-wide | ||||||
4 | staffing plan shall include, but need not be limited to, | ||||||
5 | the following considerations: | ||||||
6 | (A) The complexity of complete care, assessment on | ||||||
7 | patient admission, volume of patient admissions, | ||||||
8 | discharges and transfers, evaluation of the progress | ||||||
9 | of a patient's problems, ongoing physical assessments, | ||||||
10 | planning for a patient's discharge, assessment after a | ||||||
11 | change in patient condition, and assessment of the | ||||||
12 | need for patient referrals. | ||||||
13 | (B) The complexity of clinical professional | ||||||
14 | nursing judgment needed to design and implement a | ||||||
15 | patient's nursing care plan, the need for specialized | ||||||
16 | equipment and technology, the skill mix of other | ||||||
17 | personnel providing or supporting direct patient care, | ||||||
18 | and involvement in quality improvement activities, | ||||||
19 | professional preparation, and experience. | ||||||
20 | (C) Patient acuity and the number of patients for | ||||||
21 | whom care is being provided. | ||||||
22 | (D) The ongoing assessments of a unit's patient | ||||||
23 | acuity levels and nursing staff needed shall be | ||||||
24 | routinely made by the unit nurse manager or his or her | ||||||
25 | designee. | ||||||
26 | (E) The identification of additional registered |
| |||||||
| |||||||
1 | nurses available for direct patient care when | ||||||
2 | patients' unexpected needs exceed the planned workload | ||||||
3 | for direct care staff. | ||||||
4 | (2) In order to provide staffing flexibility to meet | ||||||
5 | patient needs, every hospital shall identify an acuity | ||||||
6 | model for adjusting the staffing plan for each inpatient | ||||||
7 | care unit. | ||||||
8 | (2.5) Each hospital shall implement the staffing plan | ||||||
9 | and assign nursing personnel to each inpatient care unit, | ||||||
10 | including inpatient emergency departments, in accordance | ||||||
11 | with the staffing plan. | ||||||
12 | (A) A registered nurse may report to the nursing | ||||||
13 | care committee any variations where the nurse | ||||||
14 | personnel assignment in an inpatient care unit is not | ||||||
15 | in accordance with the adopted staffing plan and may | ||||||
16 | make a written report to the nursing care committee | ||||||
17 | based on the variations. | ||||||
18 | (B) Shift-to-shift adjustments in staffing levels | ||||||
19 | required by the staffing plan may be made by the | ||||||
20 | appropriate hospital personnel overseeing inpatient | ||||||
21 | care operations. If a registered nurse in an inpatient | ||||||
22 | care unit objects to a shift-to-shift adjustment, the | ||||||
23 | registered nurse may submit a written report to the | ||||||
24 | nursing care committee. | ||||||
25 | (C) The nursing care committee shall develop a | ||||||
26 | process to examine and respond to written reports |
| |||||||
| |||||||
1 | submitted under subparagraphs (A) and (B) of this | ||||||
2 | paragraph (2.5), including the ability to determine if | ||||||
3 | a specific written report is resolved or should be | ||||||
4 | dismissed. | ||||||
5 | (3) The written staffing plan shall be posted, either | ||||||
6 | by physical or electronic means, in a conspicuous and | ||||||
7 | accessible location for both patients and direct care | ||||||
8 | staff, as required under the Hospital Report Card Act. A | ||||||
9 | copy of the written staffing plan shall be provided to any | ||||||
10 | member of the general public upon request. | ||||||
11 | (d) Nursing care committee. | ||||||
12 | (1) Every hospital shall have a nursing care committee | ||||||
13 | that meets at least 6 times per year. A hospital shall | ||||||
14 | appoint members of a committee whereby at least 55% of the | ||||||
15 | members are registered professional nurses providing | ||||||
16 | direct inpatient care, one of whom shall be selected | ||||||
17 | annually by the direct inpatient care nurses to serve as | ||||||
18 | co-chair of the committee. | ||||||
19 | (2) (Blank). | ||||||
20 | (2.5) A nursing care committee shall prepare and | ||||||
21 | recommend to hospital administration the hospital's | ||||||
22 | written hospital-wide staffing plan. If the staffing plan | ||||||
23 | is not adopted by the hospital, the chief nursing officer | ||||||
24 | shall provide a written statement to the committee prior | ||||||
25 | to a staffing plan being adopted by the hospital that: (A) | ||||||
26 | explains the reasons the committee's proposed staffing |
| |||||||
| |||||||
1 | plan was not adopted; and (B) describes the changes to the | ||||||
2 | committee's proposed staffing or any alternative to the | ||||||
3 | committee's proposed staffing plan. | ||||||
4 | (3) A nursing care committee's or committees' written | ||||||
5 | staffing plan for the hospital shall be based on the | ||||||
6 | principles from the staffing components set forth in | ||||||
7 | subsection (c). In particular, a committee or committees | ||||||
8 | shall provide input and feedback on the following: | ||||||
9 | (A) Selection, implementation, and evaluation of | ||||||
10 | minimum staffing levels for inpatient care units. | ||||||
11 | (B) Selection, implementation, and evaluation of | ||||||
12 | an acuity model to provide staffing flexibility that | ||||||
13 | aligns changing patient acuity with nursing skills | ||||||
14 | required. | ||||||
15 | (C) Selection, implementation, and evaluation of a | ||||||
16 | written staffing plan incorporating the items | ||||||
17 | described in subdivisions (c)(1) and (c)(2) of this | ||||||
18 | Section. | ||||||
19 | (D) Review the nurse staffing plans for all | ||||||
20 | inpatient areas and current acuity tools and measures | ||||||
21 | in use. The nursing care committee's review shall | ||||||
22 | consider: | ||||||
23 | (i) patient outcomes; | ||||||
24 | (ii) complaints regarding staffing, including | ||||||
25 | complaints about a delay in direct care nursing or | ||||||
26 | an absence of direct care nursing; |
| |||||||
| |||||||
1 | (iii) the number of hours of nursing care | ||||||
2 | provided through an inpatient hospital unit | ||||||
3 | compared with the number of inpatients served by | ||||||
4 | the hospital unit during a 24-hour period; | ||||||
5 | (iv) the aggregate hours of overtime worked by | ||||||
6 | the nursing staff; | ||||||
7 | (v) the extent to which actual nurse staffing | ||||||
8 | for each hospital inpatient unit differs from the | ||||||
9 | staffing specified by the staffing plan; and | ||||||
10 | (vi) any other matter or change to the | ||||||
11 | staffing plan determined by the committee to | ||||||
12 | ensure that the hospital is staffed to meet the | ||||||
13 | health care needs of patients. | ||||||
14 | (4) A nursing care committee must issue a written | ||||||
15 | report addressing the items described in subparagraphs (A) | ||||||
16 | through (D) of paragraph (3) semi-annually. A written copy | ||||||
17 | of this report shall be made available to direct inpatient | ||||||
18 | care nurses by making available a paper copy of the | ||||||
19 | report, distributing it electronically, or posting it on | ||||||
20 | the hospital's website. | ||||||
21 | (5) A nursing care committee must issue a written | ||||||
22 | report at least annually to the hospital governing board | ||||||
23 | that addresses items including, but not limited to: the | ||||||
24 | items described in paragraph (3); changes made based on | ||||||
25 | committee recommendations and the impact of such changes; | ||||||
26 | and recommendations for future changes related to nurse |
| |||||||
| |||||||
1 | staffing. | ||||||
2 | (6) A nursing care committee must annually notify the | ||||||
3 | hospital nursing staff of the staff's rights under this | ||||||
4 | Section. The annual notice must provide a phone number and | ||||||
5 | an email address for staff to report noncompliance with | ||||||
6 | the nursing staff's rights as described in this Section. | ||||||
7 | The notice must be provided by email or by regular mail in | ||||||
8 | a manner that effectively facilitates receipt of the | ||||||
9 | notice. The Department shall monitor and enforce the | ||||||
10 | requirements of this paragraph (6). | ||||||
11 | (e) Nothing in this Section 10.10 shall be construed to | ||||||
12 | limit, alter, or modify any of the terms, conditions, or | ||||||
13 | provisions of a collective bargaining agreement entered into | ||||||
14 | by the hospital. | ||||||
15 | (f) No hospital may discipline, discharge, or take any | ||||||
16 | other adverse employment action against an employee solely | ||||||
17 | because the employee expresses a concern or complaint | ||||||
18 | regarding an alleged violation of this Section or concerns | ||||||
19 | related to nurse staffing. | ||||||
20 | (g) Any employee of a hospital may file a complaint with | ||||||
21 | the Department regarding an alleged violation of this Section. | ||||||
22 | The Department must forward notification of the alleged | ||||||
23 | violation to the hospital in question within 10 business days | ||||||
24 | after the complaint is filed. Upon receiving a complaint of a | ||||||
25 | violation of this Section, the Department may take any action | ||||||
26 | authorized under Section Sections 7 or 9 of this Act. |
| |||||||
| |||||||
1 | (Source: P.A. 102-4, eff. 4-27-21; 102-641, eff. 8-27-21; | ||||||
2 | 102-813, eff. 5-13-22; 103-211, eff. 1-1-24; revised 1-2-24.)
| ||||||
3 | (210 ILCS 85/11.9) | ||||||
4 | Sec. 11.9. Maternal milk donation education. | ||||||
5 | (a) To ensure an adequate supply of pasteurized donor | ||||||
6 | human milk for premature infants in Illinois, a hospital with | ||||||
7 | licensed obstetric beds shall provide information and | ||||||
8 | instructional materials to parents of each newborn, upon | ||||||
9 | discharge from the hospital, regarding the option to | ||||||
10 | voluntarily donate milk to nonprofit non-profit milk banks | ||||||
11 | that are accredited by the Human Milk Banking Association of | ||||||
12 | North America or its successor organization. The materials | ||||||
13 | shall be provided free of charge and shall include general | ||||||
14 | information regarding nonprofit non-profit milk banking | ||||||
15 | practices and contact information for area nonprofit milk | ||||||
16 | banks that are accredited by the Human Milk Banking | ||||||
17 | Association of North America. | ||||||
18 | (b) The information and instructional materials described | ||||||
19 | in subsection (a) may be provided electronically. | ||||||
20 | (c) Nothing in this Section prohibits a hospital from | ||||||
21 | obtaining free and suitable information on voluntary milk | ||||||
22 | donation from the Human Milk Banking Association of North | ||||||
23 | America, or its successor organization, or its accredited | ||||||
24 | members. | ||||||
25 | (Source: P.A. 103-160, eff. 1-1-24; revised 12-22-23.)
|
| |||||||
| |||||||
1 | Section 340. The Hospital Uninsured Patient Discount Act | ||||||
2 | is amended by changing Section 15 as follows:
| ||||||
3 | (210 ILCS 89/15) | ||||||
4 | Sec. 15. Patient responsibility. | ||||||
5 | (a) Hospitals may make the availability of a discount and | ||||||
6 | the maximum collectible amount under this Act contingent upon | ||||||
7 | the uninsured patient first applying for coverage under public | ||||||
8 | health insurance programs, such as Medicare, Medicaid, | ||||||
9 | AllKids, the State Children's Health Insurance Program, the | ||||||
10 | Health Benefits for Immigrants program, or any other program, | ||||||
11 | if there is a reasonable basis to believe that the uninsured | ||||||
12 | patient may be eligible for such program. If the patient | ||||||
13 | declines to apply for a public health insurance program on the | ||||||
14 | basis of concern for immigration-related consequences, the | ||||||
15 | hospital may refer the patient to a free, unbiased resource , | ||||||
16 | such as an Immigrant Family Resource Program , to address the | ||||||
17 | patient's immigration-related concerns and assist in enrolling | ||||||
18 | the patient in a public health insurance program. The hospital | ||||||
19 | may still screen the patient for eligibility under its | ||||||
20 | financial assistance policy. | ||||||
21 | (b) Hospitals shall permit an uninsured patient to apply | ||||||
22 | for a discount within 90 days of the date of discharge, date of | ||||||
23 | service, completion of the screening under the Fair Patient | ||||||
24 | Billing Act, or denial of an application for a public health |
| |||||||
| |||||||
1 | insurance program. | ||||||
2 | Hospitals shall offer uninsured patients who receive | ||||||
3 | community-based primary care provided by a community health | ||||||
4 | center or a free and charitable clinic, are referred by such an | ||||||
5 | entity to the hospital, and seek access to nonemergency | ||||||
6 | hospital-based health care services with an opportunity to be | ||||||
7 | screened for and assistance with applying for public health | ||||||
8 | insurance programs if there is a reasonable basis to believe | ||||||
9 | that the uninsured patient may be eligible for a public health | ||||||
10 | insurance program. An uninsured patient who receives | ||||||
11 | community-based primary care provided by a community health | ||||||
12 | center or free and charitable clinic and is referred by such an | ||||||
13 | entity to the hospital for whom there is not a reasonable basis | ||||||
14 | to believe that the uninsured patient may be eligible for a | ||||||
15 | public health insurance program shall be given the opportunity | ||||||
16 | to apply for hospital financial assistance when hospital | ||||||
17 | services are scheduled. | ||||||
18 | (1) Income verification. Hospitals may require an | ||||||
19 | uninsured patient who is requesting an uninsured discount | ||||||
20 | to provide documentation of family income. Acceptable | ||||||
21 | family income documentation shall include any one of the | ||||||
22 | following: | ||||||
23 | (A) a copy of the most recent tax return; | ||||||
24 | (B) a copy of the most recent W-2 form and 1099 | ||||||
25 | forms; | ||||||
26 | (C) copies of the 2 most recent pay stubs; |
| |||||||
| |||||||
1 | (D) written income verification from an employer | ||||||
2 | if paid in cash; or | ||||||
3 | (E) one other reasonable form of third-party third | ||||||
4 | party income verification deemed acceptable to the | ||||||
5 | hospital. | ||||||
6 | (2) Asset verification. Hospitals may require an | ||||||
7 | uninsured patient who is requesting an uninsured discount | ||||||
8 | to certify the existence or absence of assets owned by the | ||||||
9 | patient and to provide documentation of the value of such | ||||||
10 | assets, except for those assets referenced in paragraph | ||||||
11 | (4) of subsection (c) of Section 10. Acceptable | ||||||
12 | documentation may include statements from financial | ||||||
13 | institutions or some other third-party third party | ||||||
14 | verification of an asset's value. If no third-party third | ||||||
15 | party verification exists, then the patient shall certify | ||||||
16 | as to the estimated value of the asset. | ||||||
17 | (3) Illinois resident verification. Hospitals may | ||||||
18 | require an uninsured patient who is requesting an | ||||||
19 | uninsured discount to verify Illinois residency. | ||||||
20 | Acceptable verification of Illinois residency shall | ||||||
21 | include any one of the following: | ||||||
22 | (A) any of the documents listed in paragraph (1); | ||||||
23 | (B) a valid state-issued identification card; | ||||||
24 | (C) a recent residential utility bill; | ||||||
25 | (D) a lease agreement; | ||||||
26 | (E) a vehicle registration card; |
| |||||||
| |||||||
1 | (F) a voter registration card; | ||||||
2 | (G) mail addressed to the uninsured patient at an | ||||||
3 | Illinois address from a government or other credible | ||||||
4 | source; | ||||||
5 | (H) a statement from a family member of the | ||||||
6 | uninsured patient who resides at the same address and | ||||||
7 | presents verification of residency; | ||||||
8 | (I) a letter from a homeless shelter, transitional | ||||||
9 | house or other similar facility verifying that the | ||||||
10 | uninsured patient resides at the facility; or | ||||||
11 | (J) a temporary visitor's drivers license. | ||||||
12 | (c) Hospital obligations toward an individual uninsured | ||||||
13 | patient under this Act shall cease if that patient | ||||||
14 | unreasonably fails or refuses to provide the hospital with | ||||||
15 | information or documentation requested under subsection (b) or | ||||||
16 | to apply for coverage under public programs when requested | ||||||
17 | under subsection (a) within 30 days of the hospital's request. | ||||||
18 | (d) In order for a hospital to determine the 12 month | ||||||
19 | maximum amount that can be collected from a patient deemed | ||||||
20 | eligible under Section 10, an uninsured patient shall inform | ||||||
21 | the hospital in subsequent inpatient admissions or outpatient | ||||||
22 | encounters that the patient has previously received health | ||||||
23 | care services from that hospital and was determined to be | ||||||
24 | entitled to the uninsured discount. | ||||||
25 | (e) Hospitals may require patients to certify that all of | ||||||
26 | the information provided in the application is true. The |
| |||||||
| |||||||
1 | application may state that if any of the information is | ||||||
2 | untrue, any discount granted to the patient is forfeited and | ||||||
3 | the patient is responsible for payment of the hospital's full | ||||||
4 | charges. | ||||||
5 | (f) Hospitals shall ask for an applicant's race, | ||||||
6 | ethnicity, sex, and preferred language on the financial | ||||||
7 | assistance application. However, the questions shall be | ||||||
8 | clearly marked as optional responses for the patient and shall | ||||||
9 | note that responses or nonresponses by the patient will not | ||||||
10 | have any impact on the outcome of the application. | ||||||
11 | (Source: P.A. 102-581, eff. 1-1-22; 103-323, eff. 1-1-24; | ||||||
12 | 103-492, eff. 1-1-24; revised 9-7-23.)
| ||||||
13 | Section 345. The Birth Center Licensing Act is amended by | ||||||
14 | changing Section 46 as follows:
| ||||||
15 | (210 ILCS 170/46) | ||||||
16 | Sec. 46. Maternal milk donation education. | ||||||
17 | (a) To ensure an adequate supply of pasteurized donor | ||||||
18 | human milk for premature infants in Illinois, a birth center | ||||||
19 | with obstetrical service beds shall provide information and | ||||||
20 | instructional materials to parents of each newborn, upon | ||||||
21 | discharge from the birth center, regarding the option to | ||||||
22 | voluntarily donate milk to nonprofit non-profit milk banks | ||||||
23 | that are accredited by the Human Milk Banking Association of | ||||||
24 | North America or its successor organization. The materials |
| |||||||
| |||||||
1 | shall be provided free of charge and shall include general | ||||||
2 | information regarding nonprofit non-profit milk banking | ||||||
3 | practices and contact information for area nonprofit milk | ||||||
4 | banks that are accredited by the Human Milk Banking | ||||||
5 | Association of North America. | ||||||
6 | (b) The information and instructional materials described | ||||||
7 | in subsection (a) may be provided electronically. | ||||||
8 | (c) Nothing in this Section prohibits a birth center from | ||||||
9 | obtaining free and suitable information on voluntary milk | ||||||
10 | donation from the Human Milk Banking Association of North | ||||||
11 | America, or its successor organization, or its accredited | ||||||
12 | members. | ||||||
13 | (Source: P.A. 103-160, eff. 1-1-24; revised 12-22-23.)
| ||||||
14 | Section 350. The Illinois Insurance Code is amended by | ||||||
15 | setting forth, renumbering, and changing multiple versions of | ||||||
16 | Section 356z.61 and by changing Section 370c.1 as follows:
| ||||||
17 | (215 ILCS 5/356z.61) | ||||||
18 | Sec. 356z.61. Coverage for liver disease screening. A | ||||||
19 | group or individual policy of accident and health insurance or | ||||||
20 | a managed care plan that is amended, delivered, issued, or | ||||||
21 | renewed on or after January 1, 2025 shall provide coverage for | ||||||
22 | preventative liver disease screenings for individuals 35 years | ||||||
23 | of age or older and under the age of 65 at high risk for liver | ||||||
24 | disease, including liver ultrasounds and alpha-fetoprotein |
| |||||||
| |||||||
1 | blood tests every 6 months, without imposing a deductible, | ||||||
2 | coinsurance, copayment, or any other cost-sharing requirement | ||||||
3 | on the coverage provided; except that this Section does not | ||||||
4 | apply to coverage of liver disease screenings to the extent | ||||||
5 | such coverage would disqualify a high-deductible health plan | ||||||
6 | from eligibility for a health savings account pursuant to | ||||||
7 | Section 223 of the Internal Revenue Code. | ||||||
8 | (Source: P.A. 103-84, eff. 1-1-24.)
| ||||||
9 | (215 ILCS 5/356z.63) | ||||||
10 | Sec. 356z.63 356z.61 . Coverage of pharmacy testing, | ||||||
11 | screening, vaccinations, and treatment. A group or individual | ||||||
12 | policy of accident and health insurance or a managed care plan | ||||||
13 | that is amended, delivered, issued, or renewed on or after | ||||||
14 | January 1, 2025 shall provide coverage for health care or | ||||||
15 | patient care services provided by a pharmacist if: | ||||||
16 | (1) the pharmacist meets the requirements and scope of | ||||||
17 | practice described in paragraph (15), (16), or (17) of | ||||||
18 | subsection (d) of Section 3 of the Pharmacy Practice Act; | ||||||
19 | (2) the health plan provides coverage for the same | ||||||
20 | service provided by a licensed physician, an advanced | ||||||
21 | practice registered nurse, or a physician assistant; | ||||||
22 | (3) the pharmacist is included in the health benefit | ||||||
23 | plan's network of participating providers; and | ||||||
24 | (4) reimbursement has been successfully negotiated in | ||||||
25 | good faith between the pharmacist and the health plan. |
| |||||||
| |||||||
1 | (Source: P.A. 103-1, eff. 4-27-23; revised 8-29-23.)
| ||||||
2 | (215 ILCS 5/356z.64) | ||||||
3 | Sec. 356z.64 356z.61 . Coverage for compression sleeves. A | ||||||
4 | group or individual policy of accident and health insurance or | ||||||
5 | a managed care plan that is amended, delivered, issued, or | ||||||
6 | renewed on or after January 1, 2025 shall provide coverage for | ||||||
7 | compression sleeves that are is medically necessary for the | ||||||
8 | enrollee to prevent or mitigate lymphedema. | ||||||
9 | (Source: P.A. 103-91, eff. 1-1-24; revised 8-29-23.)
| ||||||
10 | (215 ILCS 5/356z.65) | ||||||
11 | Sec. 356z.65 356z.61 . Coverage for reconstructive | ||||||
12 | services. | ||||||
13 | (a) As used in this Section, "reconstructive services" | ||||||
14 | means treatments performed on structures of the body damaged | ||||||
15 | by trauma to restore physical appearance. | ||||||
16 | (b) A group or individual policy of accident and health | ||||||
17 | insurance or a managed care plan that is amended, delivered, | ||||||
18 | issued, or renewed on or after January 1, 2025 may not deny | ||||||
19 | coverage for medically necessary reconstructive services that | ||||||
20 | are intended to restore physical appearance. | ||||||
21 | (Source: P.A. 103-123, eff. 1-1-24; revised 8-29-23.)
| ||||||
22 | (215 ILCS 5/356z.66) | ||||||
23 | Sec. 356z.66 356z.61 . Proton beam therapy. |
| |||||||
| |||||||
1 | (a) As used in this Section: | ||||||
2 | "Medically necessary" has the meaning given to that term | ||||||
3 | in the Prior Authorization Reform Act. | ||||||
4 | "Proton beam therapy" means a type of radiation therapy | ||||||
5 | treatment that utilizes protons as the radiation delivery | ||||||
6 | method for the treatment of tumors and cancerous cells. | ||||||
7 | "Radiation therapy treatment" means the delivery of | ||||||
8 | biological effective doses with proton therapy, intensity | ||||||
9 | modulated radiation therapy, brachytherapy, stereotactic body | ||||||
10 | radiation therapy, three-dimensional conformal radiation | ||||||
11 | therapy, or other forms of therapy using radiation. | ||||||
12 | (b) A group or individual policy of accident and health | ||||||
13 | insurance or managed care plan that is amended, delivered, | ||||||
14 | issued, or renewed on or after January 1, 2025 that provides | ||||||
15 | coverage for the treatment of cancer shall not apply a higher | ||||||
16 | standard of clinical evidence for the coverage of proton beam | ||||||
17 | therapy than the insurer applies for the coverage of any other | ||||||
18 | form of radiation therapy treatment. | ||||||
19 | (c) A group or individual policy of accident and health | ||||||
20 | insurance or managed care plan that is amended, delivered, | ||||||
21 | issued, or renewed on or after January 1, 2025 that provides | ||||||
22 | coverage or benefits to any resident of this State for | ||||||
23 | radiation oncology shall include coverage or benefits for | ||||||
24 | medically necessary proton beam therapy for the treatment of | ||||||
25 | cancer. | ||||||
26 | (Source: P.A. 103-325, eff. 1-1-24; revised 8-29-23.)
|
| |||||||
| |||||||
1 | (215 ILCS 5/356z.67) | ||||||
2 | Sec. 356z.67 356z.61 . Coverage of prescription estrogen. | ||||||
3 | (a) A group or individual policy of accident and health | ||||||
4 | insurance or a managed care plan that is amended, delivered, | ||||||
5 | issued, or renewed on or after January 1, 2025 and that | ||||||
6 | provides coverage for prescription drugs shall include | ||||||
7 | coverage for one or more therapeutic equivalent versions of | ||||||
8 | vaginal estrogen in its formulary. | ||||||
9 | (b) If a particular vaginal estrogen product or its | ||||||
10 | therapeutic equivalent version approved by the United States | ||||||
11 | Food and Drug Administration is determined to be medically | ||||||
12 | necessary, the issuer must cover that service or item pursuant | ||||||
13 | to the cost-sharing requirement contained in subsection (c). | ||||||
14 | (c) A policy subject to this Section shall not impose a | ||||||
15 | deductible, copayment, or any other cost sharing requirement | ||||||
16 | that exceeds any deductible, coinsurance, copayment, or any | ||||||
17 | other cost-sharing requirement imposed on any prescription | ||||||
18 | drug authorized for the treatment of erectile dysfunction | ||||||
19 | covered by the policy; except that this subsection does not | ||||||
20 | apply to coverage of vaginal estrogen to the extent such | ||||||
21 | coverage would disqualify a high-deductible health plan from | ||||||
22 | eligibility for a health savings account pursuant to Section | ||||||
23 | 223 of the Internal Revenue Code. | ||||||
24 | (d) As used in this Section, "therapeutic equivalent | ||||||
25 | version" has the meaning given to that term in paragraph (2) of |
| |||||||
| |||||||
1 | subsection (a) of Section 356z.4. | ||||||
2 | (Source: P.A. 103-420, eff. 1-1-24; revised 8-29-23.)
| ||||||
3 | (215 ILCS 5/356z.68) | ||||||
4 | Sec. 356z.68 356z.61 . Home saliva cancer screening. | ||||||
5 | (a) As used in this Section, "home saliva cancer | ||||||
6 | screening" means an outpatient test that utilizes an | ||||||
7 | individual's saliva to detect biomarkers for early-stage | ||||||
8 | cancer. | ||||||
9 | (b) An individual or group policy of accident and health | ||||||
10 | insurance that is amended, delivered, issued, or renewed on or | ||||||
11 | after January 1, 2025 shall cover a medically necessary home | ||||||
12 | saliva cancer screening every 24 months if the patient: | ||||||
13 | (1) is asymptomatic and at high risk for the disease | ||||||
14 | being tested for; or | ||||||
15 | (2) demonstrates symptoms of the disease being tested | ||||||
16 | for at a physical exam. | ||||||
17 | (Source: P.A. 103-445, eff. 1-1-24; revised 8-29-23.)
| ||||||
18 | (215 ILCS 5/356z.69) | ||||||
19 | Sec. 356z.69 356z.61 . Coverage for children with | ||||||
20 | neuromuscular, neurological, or cognitive impairment. A group | ||||||
21 | or individual policy of accident and health insurance amended, | ||||||
22 | delivered, issued, or renewed on or after January 1, 2025 | ||||||
23 | shall provide coverage for therapy, diagnostic testing, and | ||||||
24 | equipment necessary to increase quality of life for children |
| |||||||
| |||||||
1 | who have been clinically or genetically diagnosed with any | ||||||
2 | disease, syndrome, or disorder that includes low tone | ||||||
3 | neuromuscular impairment, neurological impairment, or | ||||||
4 | cognitive impairment. | ||||||
5 | (Source: P.A. 103-458, eff. 1-1-24; revised 8-29-23.)
| ||||||
6 | (215 ILCS 5/356z.70) | ||||||
7 | Sec. 356z.70 356z.61 . Coverage of no-cost mental health | ||||||
8 | prevention and wellness visits. | ||||||
9 | (a) A group or individual policy of accident and health | ||||||
10 | insurance or managed care plan that is amended, delivered, | ||||||
11 | issued, or renewed on or after January 1, 2025 shall provide | ||||||
12 | coverage for one annual mental health prevention and wellness | ||||||
13 | visit for children and for adults. | ||||||
14 | (b) Mental health prevention and wellness visits shall | ||||||
15 | include any age-appropriate screening recommended by the | ||||||
16 | United States Preventive Services Task Force or by the | ||||||
17 | American Academy of Pediatrics' Bright Futures: Guidelines for | ||||||
18 | Health Supervision of Infants, Children, and Adolescents for | ||||||
19 | purposes of identifying a mental health issue, condition, or | ||||||
20 | disorder; discussing mental health symptoms that might be | ||||||
21 | present, including symptoms of a previously diagnosed mental | ||||||
22 | health condition or disorder; performing an evaluation of | ||||||
23 | adverse childhood experiences; and discussing mental health | ||||||
24 | and wellness. | ||||||
25 | (c) A mental health prevention and wellness visit shall be |
| |||||||
| |||||||
1 | covered for up to 60 minutes and may be performed by a | ||||||
2 | physician licensed to practice medicine in all of its | ||||||
3 | branches, a licensed clinical psychologist, a licensed | ||||||
4 | clinical social worker, a licensed clinical professional | ||||||
5 | counselor, a licensed marriage and family therapist, a | ||||||
6 | licensed social worker, or a licensed professional counselor. | ||||||
7 | (d) A policy subject to this Section shall not impose a | ||||||
8 | deductible, coinsurance, copayment, or other cost-sharing | ||||||
9 | requirement for mental health prevention and wellness visits. | ||||||
10 | The cost-sharing prohibition in this subsection (d) does not | ||||||
11 | apply to coverage of mental health prevention and wellness | ||||||
12 | visits to the extent such coverage would disqualify a | ||||||
13 | high-deductible health plan from eligibility for a health | ||||||
14 | savings account pursuant to Section 223 of the Internal | ||||||
15 | Revenue Code. | ||||||
16 | (e) A mental health prevention and wellness visit shall be | ||||||
17 | in addition to an annual physical examination and shall not | ||||||
18 | replace a well-child visit or a general health or medical | ||||||
19 | visit. | ||||||
20 | (f) A mental health prevention and wellness visit shall be | ||||||
21 | reimbursed through the following American Medical Association | ||||||
22 | current procedural terminology codes and at the same rate that | ||||||
23 | current procedural terminology codes are reimbursed for the | ||||||
24 | provision of other medical care: 99381-99387 and 99391-99397. | ||||||
25 | The Department shall update the current procedural terminology | ||||||
26 | codes through adoption of rules if the codes listed in this |
| |||||||
| |||||||
1 | subsection are altered, amended, changed, deleted, or | ||||||
2 | supplemented. | ||||||
3 | (g) Reimbursement of any of the current procedural | ||||||
4 | terminology codes listed in this Section shall comply with the | ||||||
5 | following: | ||||||
6 | (1) reimbursement may be adjusted for payment of | ||||||
7 | claims that are billed by a nonphysician clinician so long | ||||||
8 | as the methodology to determine the adjustments are | ||||||
9 | comparable to and applied no more stringently than the | ||||||
10 | methodology for adjustments made for reimbursement of | ||||||
11 | claims billed by nonphysician clinicians for other medical | ||||||
12 | care, in accordance with 45 CFR 146.136(c)(4); and | ||||||
13 | (2) for a mental health prevention and wellness visit | ||||||
14 | and for a service other than a mental health prevention | ||||||
15 | and wellness visit, reimbursement shall not be denied if | ||||||
16 | they occur on the same date by the same provider and the | ||||||
17 | provider is a primary care provider. | ||||||
18 | (h) A mental health prevention and wellness visit may be | ||||||
19 | incorporated into and reimbursed within any type of integrated | ||||||
20 | primary care service delivery method, including, but not | ||||||
21 | limited to, a psychiatric collaborative care model as provided | ||||||
22 | for under this Code. | ||||||
23 | (i) The Department shall adopt any rules necessary to | ||||||
24 | implement this Section by no later than October 31, 2024. | ||||||
25 | (Source: P.A. 103-535, eff. 8-11-23; revised 8-29-23.)
|
| |||||||
| |||||||
1 | (215 ILCS 5/370c.1) | ||||||
2 | Sec. 370c.1. Mental, emotional, nervous, or substance use | ||||||
3 | disorder or condition parity. | ||||||
4 | (a) On and after July 23, 2021 (the effective date of | ||||||
5 | Public Act 102-135), every insurer that amends, delivers, | ||||||
6 | issues, or renews a group or individual policy of accident and | ||||||
7 | health insurance or a qualified health plan offered through | ||||||
8 | the Health Insurance Marketplace in this State providing | ||||||
9 | coverage for hospital or medical treatment and for the | ||||||
10 | treatment of mental, emotional, nervous, or substance use | ||||||
11 | disorders or conditions shall ensure prior to policy issuance | ||||||
12 | that: | ||||||
13 | (1) the financial requirements applicable to such | ||||||
14 | mental, emotional, nervous, or substance use disorder or | ||||||
15 | condition benefits are no more restrictive than the | ||||||
16 | predominant financial requirements applied to | ||||||
17 | substantially all hospital and medical benefits covered by | ||||||
18 | the policy and that there are no separate cost-sharing | ||||||
19 | requirements that are applicable only with respect to | ||||||
20 | mental, emotional, nervous, or substance use disorder or | ||||||
21 | condition benefits; and | ||||||
22 | (2) the treatment limitations applicable to such | ||||||
23 | mental, emotional, nervous, or substance use disorder or | ||||||
24 | condition benefits are no more restrictive than the | ||||||
25 | predominant treatment limitations applied to substantially | ||||||
26 | all hospital and medical benefits covered by the policy |
| |||||||
| |||||||
1 | and that there are no separate treatment limitations that | ||||||
2 | are applicable only with respect to mental, emotional, | ||||||
3 | nervous, or substance use disorder or condition benefits. | ||||||
4 | (b) The following provisions shall apply concerning | ||||||
5 | aggregate lifetime limits: | ||||||
6 | (1) In the case of a group or individual policy of | ||||||
7 | accident and health insurance or a qualified health plan | ||||||
8 | offered through the Health Insurance Marketplace amended, | ||||||
9 | delivered, issued, or renewed in this State on or after | ||||||
10 | September 9, 2015 (the effective date of Public Act | ||||||
11 | 99-480) that provides coverage for hospital or medical | ||||||
12 | treatment and for the treatment of mental, emotional, | ||||||
13 | nervous, or substance use disorders or conditions the | ||||||
14 | following provisions shall apply: | ||||||
15 | (A) if the policy does not include an aggregate | ||||||
16 | lifetime limit on substantially all hospital and | ||||||
17 | medical benefits, then the policy may not impose any | ||||||
18 | aggregate lifetime limit on mental, emotional, | ||||||
19 | nervous, or substance use disorder or condition | ||||||
20 | benefits; or | ||||||
21 | (B) if the policy includes an aggregate lifetime | ||||||
22 | limit on substantially all hospital and medical | ||||||
23 | benefits (in this subsection referred to as the | ||||||
24 | "applicable lifetime limit"), then the policy shall | ||||||
25 | either: | ||||||
26 | (i) apply the applicable lifetime limit both |
| |||||||
| |||||||
1 | to the hospital and medical benefits to which it | ||||||
2 | otherwise would apply and to mental, emotional, | ||||||
3 | nervous, or substance use disorder or condition | ||||||
4 | benefits and not distinguish in the application of | ||||||
5 | the limit between the hospital and medical | ||||||
6 | benefits and mental, emotional, nervous, or | ||||||
7 | substance use disorder or condition benefits; or | ||||||
8 | (ii) not include any aggregate lifetime limit | ||||||
9 | on mental, emotional, nervous, or substance use | ||||||
10 | disorder or condition benefits that is less than | ||||||
11 | the applicable lifetime limit. | ||||||
12 | (2) In the case of a policy that is not described in | ||||||
13 | paragraph (1) of subsection (b) of this Section and that | ||||||
14 | includes no or different aggregate lifetime limits on | ||||||
15 | different categories of hospital and medical benefits, the | ||||||
16 | Director shall establish rules under which subparagraph | ||||||
17 | (B) of paragraph (1) of subsection (b) of this Section is | ||||||
18 | applied to such policy with respect to mental, emotional, | ||||||
19 | nervous, or substance use disorder or condition benefits | ||||||
20 | by substituting for the applicable lifetime limit an | ||||||
21 | average aggregate lifetime limit that is computed taking | ||||||
22 | into account the weighted average of the aggregate | ||||||
23 | lifetime limits applicable to such categories. | ||||||
24 | (c) The following provisions shall apply concerning annual | ||||||
25 | limits: | ||||||
26 | (1) In the case of a group or individual policy of |
| |||||||
| |||||||
1 | accident and health insurance or a qualified health plan | ||||||
2 | offered through the Health Insurance Marketplace amended, | ||||||
3 | delivered, issued, or renewed in this State on or after | ||||||
4 | September 9, 2015 (the effective date of Public Act | ||||||
5 | 99-480) that provides coverage for hospital or medical | ||||||
6 | treatment and for the treatment of mental, emotional, | ||||||
7 | nervous, or substance use disorders or conditions the | ||||||
8 | following provisions shall apply: | ||||||
9 | (A) if the policy does not include an annual limit | ||||||
10 | on substantially all hospital and medical benefits, | ||||||
11 | then the policy may not impose any annual limits on | ||||||
12 | mental, emotional, nervous, or substance use disorder | ||||||
13 | or condition benefits; or | ||||||
14 | (B) if the policy includes an annual limit on | ||||||
15 | substantially all hospital and medical benefits (in | ||||||
16 | this subsection referred to as the "applicable annual | ||||||
17 | limit"), then the policy shall either: | ||||||
18 | (i) apply the applicable annual limit both to | ||||||
19 | the hospital and medical benefits to which it | ||||||
20 | otherwise would apply and to mental, emotional, | ||||||
21 | nervous, or substance use disorder or condition | ||||||
22 | benefits and not distinguish in the application of | ||||||
23 | the limit between the hospital and medical | ||||||
24 | benefits and mental, emotional, nervous, or | ||||||
25 | substance use disorder or condition benefits; or | ||||||
26 | (ii) not include any annual limit on mental, |
| |||||||
| |||||||
1 | emotional, nervous, or substance use disorder or | ||||||
2 | condition benefits that is less than the | ||||||
3 | applicable annual limit. | ||||||
4 | (2) In the case of a policy that is not described in | ||||||
5 | paragraph (1) of subsection (c) of this Section and that | ||||||
6 | includes no or different annual limits on different | ||||||
7 | categories of hospital and medical benefits, the Director | ||||||
8 | shall establish rules under which subparagraph (B) of | ||||||
9 | paragraph (1) of subsection (c) of this Section is applied | ||||||
10 | to such policy with respect to mental, emotional, nervous, | ||||||
11 | or substance use disorder or condition benefits by | ||||||
12 | substituting for the applicable annual limit an average | ||||||
13 | annual limit that is computed taking into account the | ||||||
14 | weighted average of the annual limits applicable to such | ||||||
15 | categories. | ||||||
16 | (d) With respect to mental, emotional, nervous, or | ||||||
17 | substance use disorders or conditions, an insurer shall use | ||||||
18 | policies and procedures for the election and placement of | ||||||
19 | mental, emotional, nervous, or substance use disorder or | ||||||
20 | condition treatment drugs on their formulary that are no less | ||||||
21 | favorable to the insured as those policies and procedures the | ||||||
22 | insurer uses for the selection and placement of drugs for | ||||||
23 | medical or surgical conditions and shall follow the expedited | ||||||
24 | coverage determination requirements for substance abuse | ||||||
25 | treatment drugs set forth in Section 45.2 of the Managed Care | ||||||
26 | Reform and Patient Rights Act. |
| |||||||
| |||||||
1 | (e) This Section shall be interpreted in a manner | ||||||
2 | consistent with all applicable federal parity regulations | ||||||
3 | including, but not limited to, the Paul Wellstone and Pete | ||||||
4 | Domenici Mental Health Parity and Addiction Equity Act of | ||||||
5 | 2008, final regulations issued under the Paul Wellstone and | ||||||
6 | Pete Domenici Mental Health Parity and Addiction Equity Act of | ||||||
7 | 2008 and final regulations applying the Paul Wellstone and | ||||||
8 | Pete Domenici Mental Health Parity and Addiction Equity Act of | ||||||
9 | 2008 to Medicaid managed care organizations, the Children's | ||||||
10 | Health Insurance Program, and alternative benefit plans. | ||||||
11 | (f) The provisions of subsections (b) and (c) of this | ||||||
12 | Section shall not be interpreted to allow the use of lifetime | ||||||
13 | or annual limits otherwise prohibited by State or federal law. | ||||||
14 | (g) As used in this Section: | ||||||
15 | "Financial requirement" includes deductibles, copayments, | ||||||
16 | coinsurance, and out-of-pocket maximums, but does not include | ||||||
17 | an aggregate lifetime limit or an annual limit subject to | ||||||
18 | subsections (b) and (c). | ||||||
19 | "Mental, emotional, nervous, or substance use disorder or | ||||||
20 | condition" means a condition or disorder that involves a | ||||||
21 | mental health condition or substance use disorder that falls | ||||||
22 | under any of the diagnostic categories listed in the mental | ||||||
23 | and behavioral disorders chapter of the current edition of the | ||||||
24 | International Classification of Disease or that is listed in | ||||||
25 | the most recent version of the Diagnostic and Statistical | ||||||
26 | Manual of Mental Disorders. |
| |||||||
| |||||||
1 | "Treatment limitation" includes limits on benefits based | ||||||
2 | on the frequency of treatment, number of visits, days of | ||||||
3 | coverage, days in a waiting period, or other similar limits on | ||||||
4 | the scope or duration of treatment. "Treatment limitation" | ||||||
5 | includes both quantitative treatment limitations, which are | ||||||
6 | expressed numerically (such as 50 outpatient visits per year), | ||||||
7 | and nonquantitative treatment limitations, which otherwise | ||||||
8 | limit the scope or duration of treatment. A permanent | ||||||
9 | exclusion of all benefits for a particular condition or | ||||||
10 | disorder shall not be considered a treatment limitation. | ||||||
11 | "Nonquantitative treatment" means those limitations as | ||||||
12 | described under federal regulations (26 CFR 54.9812-1). | ||||||
13 | "Nonquantitative treatment limitations" include, but are not | ||||||
14 | limited to, those limitations described under federal | ||||||
15 | regulations 26 CFR 54.9812-1, 29 CFR 2590.712, and 45 CFR | ||||||
16 | 146.136. | ||||||
17 | (h) The Department of Insurance shall implement the | ||||||
18 | following education initiatives: | ||||||
19 | (1) By January 1, 2016, the Department shall develop a | ||||||
20 | plan for a Consumer Education Campaign on parity. The | ||||||
21 | Consumer Education Campaign shall focus its efforts | ||||||
22 | throughout the State and include trainings in the | ||||||
23 | northern, southern, and central regions of the State, as | ||||||
24 | defined by the Department, as well as each of the 5 managed | ||||||
25 | care regions of the State as identified by the Department | ||||||
26 | of Healthcare and Family Services. Under this Consumer |
| |||||||
| |||||||
1 | Education Campaign, the Department shall: (1) by January | ||||||
2 | 1, 2017, provide at least one live training in each region | ||||||
3 | on parity for consumers and providers and one webinar | ||||||
4 | training to be posted on the Department website and (2) | ||||||
5 | establish a consumer hotline to assist consumers in | ||||||
6 | navigating the parity process by March 1, 2017. By January | ||||||
7 | 1, 2018 the Department shall issue a report to the General | ||||||
8 | Assembly on the success of the Consumer Education | ||||||
9 | Campaign, which shall indicate whether additional training | ||||||
10 | is necessary or would be recommended. | ||||||
11 | (2) The Department, in coordination with the | ||||||
12 | Department of Human Services and the Department of | ||||||
13 | Healthcare and Family Services, shall convene a working | ||||||
14 | group of health care insurance carriers, mental health | ||||||
15 | advocacy groups, substance abuse patient advocacy groups, | ||||||
16 | and mental health physician groups for the purpose of | ||||||
17 | discussing issues related to the treatment and coverage of | ||||||
18 | mental, emotional, nervous, or substance use disorders or | ||||||
19 | conditions and compliance with parity obligations under | ||||||
20 | State and federal law. Compliance shall be measured, | ||||||
21 | tracked, and shared during the meetings of the working | ||||||
22 | group. The working group shall meet once before January 1, | ||||||
23 | 2016 and shall meet semiannually thereafter. The | ||||||
24 | Department shall issue an annual report to the General | ||||||
25 | Assembly that includes a list of the health care insurance | ||||||
26 | carriers, mental health advocacy groups, substance abuse |
| |||||||
| |||||||
1 | patient advocacy groups, and mental health physician | ||||||
2 | groups that participated in the working group meetings, | ||||||
3 | details on the issues and topics covered, and any | ||||||
4 | legislative recommendations developed by the working | ||||||
5 | group. | ||||||
6 | (3) Not later than January 1 of each year, the | ||||||
7 | Department, in conjunction with the Department of | ||||||
8 | Healthcare and Family Services, shall issue a joint report | ||||||
9 | to the General Assembly and provide an educational | ||||||
10 | presentation to the General Assembly. The report and | ||||||
11 | presentation shall: | ||||||
12 | (A) Cover the methodology the Departments use to | ||||||
13 | check for compliance with the federal Paul Wellstone | ||||||
14 | and Pete Domenici Mental Health Parity and Addiction | ||||||
15 | Equity Act of 2008, 42 U.S.C. 18031(j), and any | ||||||
16 | federal regulations or guidance relating to the | ||||||
17 | compliance and oversight of the federal Paul Wellstone | ||||||
18 | and Pete Domenici Mental Health Parity and Addiction | ||||||
19 | Equity Act of 2008 and 42 U.S.C. 18031(j). | ||||||
20 | (B) Cover the methodology the Departments use to | ||||||
21 | check for compliance with this Section and Sections | ||||||
22 | 356z.23 and 370c of this Code. | ||||||
23 | (C) Identify market conduct examinations or, in | ||||||
24 | the case of the Department of Healthcare and Family | ||||||
25 | Services, audits conducted or completed during the | ||||||
26 | preceding 12-month period regarding compliance with |
| |||||||
| |||||||
1 | parity in mental, emotional, nervous, and substance | ||||||
2 | use disorder or condition benefits under State and | ||||||
3 | federal laws and summarize the results of such market | ||||||
4 | conduct examinations and audits. This shall include: | ||||||
5 | (i) the number of market conduct examinations | ||||||
6 | and audits initiated and completed; | ||||||
7 | (ii) the benefit classifications examined by | ||||||
8 | each market conduct examination and audit; | ||||||
9 | (iii) the subject matter of each market | ||||||
10 | conduct examination and audit, including | ||||||
11 | quantitative and nonquantitative treatment | ||||||
12 | limitations; and | ||||||
13 | (iv) a summary of the basis for the final | ||||||
14 | decision rendered in each market conduct | ||||||
15 | examination and audit. | ||||||
16 | Individually identifiable information shall be | ||||||
17 | excluded from the reports consistent with federal | ||||||
18 | privacy protections. | ||||||
19 | (D) Detail any educational or corrective actions | ||||||
20 | the Departments have taken to ensure compliance with | ||||||
21 | the federal Paul Wellstone and Pete Domenici Mental | ||||||
22 | Health Parity and Addiction Equity Act of 2008, 42 | ||||||
23 | U.S.C. 18031(j), this Section, and Sections 356z.23 | ||||||
24 | and 370c of this Code. | ||||||
25 | (E) The report must be written in non-technical, | ||||||
26 | readily understandable language and shall be made |
| |||||||
| |||||||
1 | available to the public by, among such other means as | ||||||
2 | the Departments find appropriate, posting the report | ||||||
3 | on the Departments' websites. | ||||||
4 | (i) The Parity Advancement Fund is created as a special | ||||||
5 | fund in the State treasury. Moneys from fines and penalties | ||||||
6 | collected from insurers for violations of this Section shall | ||||||
7 | be deposited into the Fund. Moneys deposited into the Fund for | ||||||
8 | appropriation by the General Assembly to the Department shall | ||||||
9 | be used for the purpose of providing financial support of the | ||||||
10 | Consumer Education Campaign, parity compliance advocacy, and | ||||||
11 | other initiatives that support parity implementation and | ||||||
12 | enforcement on behalf of consumers. | ||||||
13 | (j) (Blank). | ||||||
14 | (j-5) The Department of Insurance shall collect the | ||||||
15 | following information: | ||||||
16 | (1) The number of employment disability insurance | ||||||
17 | plans offered in this State, including, but not limited | ||||||
18 | to: | ||||||
19 | (A) individual short-term policies; | ||||||
20 | (B) individual long-term policies; | ||||||
21 | (C) group short-term policies; and | ||||||
22 | (D) group long-term policies. | ||||||
23 | (2) The number of policies referenced in paragraph (1) | ||||||
24 | of this subsection that limit mental health and substance | ||||||
25 | use disorder benefits. | ||||||
26 | (3) The average defined benefit period for the |
| |||||||
| |||||||
1 | policies referenced in paragraph (1) of this subsection, | ||||||
2 | both for those policies that limit and those policies that | ||||||
3 | have no limitation on mental health and substance use | ||||||
4 | disorder benefits. | ||||||
5 | (4) Whether the policies referenced in paragraph (1) | ||||||
6 | of this subsection are purchased on a voluntary or | ||||||
7 | non-voluntary basis. | ||||||
8 | (5) The identities of the individuals, entities, or a | ||||||
9 | combination of the 2 , that assume the cost associated with | ||||||
10 | covering the policies referenced in paragraph (1) of this | ||||||
11 | subsection. | ||||||
12 | (6) The average defined benefit period for plans that | ||||||
13 | cover physical disability and mental health and substance | ||||||
14 | abuse without limitation, including, but not limited to: | ||||||
15 | (A) individual short-term policies; | ||||||
16 | (B) individual long-term policies; | ||||||
17 | (C) group short-term policies; and | ||||||
18 | (D) group long-term policies. | ||||||
19 | (7) The average premiums for disability income | ||||||
20 | insurance issued in this State for: | ||||||
21 | (A) individual short-term policies that limit | ||||||
22 | mental health and substance use disorder benefits; | ||||||
23 | (B) individual long-term policies that limit | ||||||
24 | mental health and substance use disorder benefits; | ||||||
25 | (C) group short-term policies that limit mental | ||||||
26 | health and substance use disorder benefits; |
| |||||||
| |||||||
1 | (D) group long-term policies that limit mental | ||||||
2 | health and substance use disorder benefits; | ||||||
3 | (E) individual short-term policies that include | ||||||
4 | mental health and substance use disorder benefits | ||||||
5 | without limitation; | ||||||
6 | (F) individual long-term policies that include | ||||||
7 | mental health and substance use disorder benefits | ||||||
8 | without limitation; | ||||||
9 | (G) group short-term policies that include mental | ||||||
10 | health and substance use disorder benefits without | ||||||
11 | limitation; and | ||||||
12 | (H) group long-term policies that include mental | ||||||
13 | health and substance use disorder benefits without | ||||||
14 | limitation. | ||||||
15 | The Department shall present its findings regarding | ||||||
16 | information collected under this subsection (j-5) to the | ||||||
17 | General Assembly no later than April 30, 2024. Information | ||||||
18 | regarding a specific insurance provider's contributions to the | ||||||
19 | Department's report shall be exempt from disclosure under | ||||||
20 | paragraph (t) of subsection (1) of Section 7 of the Freedom of | ||||||
21 | Information Act. The aggregated information gathered by the | ||||||
22 | Department shall not be exempt from disclosure under paragraph | ||||||
23 | (t) of subsection (1) of Section 7 of the Freedom of | ||||||
24 | Information Act. | ||||||
25 | (k) An insurer that amends, delivers, issues, or renews a | ||||||
26 | group or individual policy of accident and health insurance or |
| |||||||
| |||||||
1 | a qualified health plan offered through the health insurance | ||||||
2 | marketplace in this State providing coverage for hospital or | ||||||
3 | medical treatment and for the treatment of mental, emotional, | ||||||
4 | nervous, or substance use disorders or conditions shall submit | ||||||
5 | an annual report, the format and definitions for which will be | ||||||
6 | determined by the Department and the Department of Healthcare | ||||||
7 | and Family Services and posted on their respective websites, | ||||||
8 | starting on September 1, 2023 and annually thereafter, that | ||||||
9 | contains the following information separately for inpatient | ||||||
10 | in-network benefits, inpatient out-of-network benefits, | ||||||
11 | outpatient in-network benefits, outpatient out-of-network | ||||||
12 | benefits, emergency care benefits, and prescription drug | ||||||
13 | benefits in the case of accident and health insurance or | ||||||
14 | qualified health plans, or inpatient, outpatient, emergency | ||||||
15 | care, and prescription drug benefits in the case of medical | ||||||
16 | assistance: | ||||||
17 | (1) A summary of the plan's pharmacy management | ||||||
18 | processes for mental, emotional, nervous, or substance use | ||||||
19 | disorder or condition benefits compared to those for other | ||||||
20 | medical benefits. | ||||||
21 | (2) A summary of the internal processes of review for | ||||||
22 | experimental benefits and unproven technology for mental, | ||||||
23 | emotional, nervous, or substance use disorder or condition | ||||||
24 | benefits and those for other medical benefits. | ||||||
25 | (3) A summary of how the plan's policies and | ||||||
26 | procedures for utilization management for mental, |
| |||||||
| |||||||
1 | emotional, nervous, or substance use disorder or condition | ||||||
2 | benefits compare to those for other medical benefits. | ||||||
3 | (4) A description of the process used to develop or | ||||||
4 | select the medical necessity criteria for mental, | ||||||
5 | emotional, nervous, or substance use disorder or condition | ||||||
6 | benefits and the process used to develop or select the | ||||||
7 | medical necessity criteria for medical and surgical | ||||||
8 | benefits. | ||||||
9 | (5) Identification of all nonquantitative treatment | ||||||
10 | limitations that are applied to both mental, emotional, | ||||||
11 | nervous, or substance use disorder or condition benefits | ||||||
12 | and medical and surgical benefits within each | ||||||
13 | classification of benefits. | ||||||
14 | (6) The results of an analysis that demonstrates that | ||||||
15 | for the medical necessity criteria described in | ||||||
16 | subparagraph (A) and for each nonquantitative treatment | ||||||
17 | limitation identified in subparagraph (B), as written and | ||||||
18 | in operation, the processes, strategies, evidentiary | ||||||
19 | standards, or other factors used in applying the medical | ||||||
20 | necessity criteria and each nonquantitative treatment | ||||||
21 | limitation to mental, emotional, nervous, or substance use | ||||||
22 | disorder or condition benefits within each classification | ||||||
23 | of benefits are comparable to, and are applied no more | ||||||
24 | stringently than, the processes, strategies, evidentiary | ||||||
25 | standards, or other factors used in applying the medical | ||||||
26 | necessity criteria and each nonquantitative treatment |
| |||||||
| |||||||
1 | limitation to medical and surgical benefits within the | ||||||
2 | corresponding classification of benefits; at a minimum, | ||||||
3 | the results of the analysis shall: | ||||||
4 | (A) identify the factors used to determine that a | ||||||
5 | nonquantitative treatment limitation applies to a | ||||||
6 | benefit, including factors that were considered but | ||||||
7 | rejected; | ||||||
8 | (B) identify and define the specific evidentiary | ||||||
9 | standards used to define the factors and any other | ||||||
10 | evidence relied upon in designing each nonquantitative | ||||||
11 | treatment limitation; | ||||||
12 | (C) provide the comparative analyses, including | ||||||
13 | the results of the analyses, performed to determine | ||||||
14 | that the processes and strategies used to design each | ||||||
15 | nonquantitative treatment limitation, as written, for | ||||||
16 | mental, emotional, nervous, or substance use disorder | ||||||
17 | or condition benefits are comparable to, and are | ||||||
18 | applied no more stringently than, the processes and | ||||||
19 | strategies used to design each nonquantitative | ||||||
20 | treatment limitation, as written, for medical and | ||||||
21 | surgical benefits; | ||||||
22 | (D) provide the comparative analyses, including | ||||||
23 | the results of the analyses, performed to determine | ||||||
24 | that the processes and strategies used to apply each | ||||||
25 | nonquantitative treatment limitation, in operation, | ||||||
26 | for mental, emotional, nervous, or substance use |
| |||||||
| |||||||
1 | disorder or condition benefits are comparable to, and | ||||||
2 | applied no more stringently than, the processes or | ||||||
3 | strategies used to apply each nonquantitative | ||||||
4 | treatment limitation, in operation, for medical and | ||||||
5 | surgical benefits; and | ||||||
6 | (E) disclose the specific findings and conclusions | ||||||
7 | reached by the insurer that the results of the | ||||||
8 | analyses described in subparagraphs (C) and (D) | ||||||
9 | indicate that the insurer is in compliance with this | ||||||
10 | Section and the Mental Health Parity and Addiction | ||||||
11 | Equity Act of 2008 and its implementing regulations, | ||||||
12 | which includes 42 CFR Parts 438, 440, and 457 and 45 | ||||||
13 | CFR 146.136 and any other related federal regulations | ||||||
14 | found in the Code of Federal Regulations. | ||||||
15 | (7) Any other information necessary to clarify data | ||||||
16 | provided in accordance with this Section requested by the | ||||||
17 | Director, including information that may be proprietary or | ||||||
18 | have commercial value, under the requirements of Section | ||||||
19 | 30 of the Viatical Settlements Act of 2009. | ||||||
20 | (l) An insurer that amends, delivers, issues, or renews a | ||||||
21 | group or individual policy of accident and health insurance or | ||||||
22 | a qualified health plan offered through the health insurance | ||||||
23 | marketplace in this State providing coverage for hospital or | ||||||
24 | medical treatment and for the treatment of mental, emotional, | ||||||
25 | nervous, or substance use disorders or conditions on or after | ||||||
26 | January 1, 2019 (the effective date of Public Act 100-1024) |
| |||||||
| |||||||
1 | shall, in advance of the plan year, make available to the | ||||||
2 | Department or, with respect to medical assistance, the | ||||||
3 | Department of Healthcare and Family Services and to all plan | ||||||
4 | participants and beneficiaries the information required in | ||||||
5 | subparagraphs (C) through (E) of paragraph (6) of subsection | ||||||
6 | (k). For plan participants and medical assistance | ||||||
7 | beneficiaries, the information required in subparagraphs (C) | ||||||
8 | through (E) of paragraph (6) of subsection (k) shall be made | ||||||
9 | available on a publicly available publicly-available website | ||||||
10 | whose web address is prominently displayed in plan and managed | ||||||
11 | care organization informational and marketing materials. | ||||||
12 | (m) In conjunction with its compliance examination program | ||||||
13 | conducted in accordance with the Illinois State Auditing Act, | ||||||
14 | the Auditor General shall undertake a review of compliance by | ||||||
15 | the Department and the Department of Healthcare and Family | ||||||
16 | Services with Section 370c and this Section. Any findings | ||||||
17 | resulting from the review conducted under this Section shall | ||||||
18 | be included in the applicable State agency's compliance | ||||||
19 | examination report. Each compliance examination report shall | ||||||
20 | be issued in accordance with Section 3-14 of the Illinois | ||||||
21 | State Auditing Act. A copy of each report shall also be | ||||||
22 | delivered to the head of the applicable State agency and | ||||||
23 | posted on the Auditor General's website. | ||||||
24 | (Source: P.A. 102-135, eff. 7-23-21; 102-579, eff. 8-25-21; | ||||||
25 | 102-813, eff. 5-13-22; 103-94, eff. 1-1-24; 103-105, eff. | ||||||
26 | 6-27-23; revised 12-15-23.)
|
| |||||||
| |||||||
1 | Section 355. The Network Adequacy and Transparency Act is | ||||||
2 | amended by changing Section 25 as follows:
| ||||||
3 | (215 ILCS 124/25) | ||||||
4 | Sec. 25. Network transparency. | ||||||
5 | (a) A network plan shall post electronically an | ||||||
6 | up-to-date, accurate, and complete provider directory for each | ||||||
7 | of its network plans, with the information and search | ||||||
8 | functions, as described in this Section. | ||||||
9 | (1) In making the directory available electronically, | ||||||
10 | the network plans shall ensure that the general public is | ||||||
11 | able to view all of the current providers for a plan | ||||||
12 | through a clearly identifiable link or tab and without | ||||||
13 | creating or accessing an account or entering a policy or | ||||||
14 | contract number. | ||||||
15 | (2) The network plan shall update the online provider | ||||||
16 | directory at least monthly. Providers shall notify the | ||||||
17 | network plan electronically or in writing of any changes | ||||||
18 | to their information as listed in the provider directory, | ||||||
19 | including the information required in subparagraph (K) of | ||||||
20 | paragraph (1) of subsection (b). The network plan shall | ||||||
21 | update its online provider directory in a manner | ||||||
22 | consistent with the information provided by the provider | ||||||
23 | within 10 business days after being notified of the change | ||||||
24 | by the provider. Nothing in this paragraph (2) shall void |
| |||||||
| |||||||
1 | any contractual relationship between the provider and the | ||||||
2 | plan. | ||||||
3 | (3) The network plan shall audit periodically at least | ||||||
4 | 25% of its provider directories for accuracy, make any | ||||||
5 | corrections necessary, and retain documentation of the | ||||||
6 | audit. The network plan shall submit the audit to the | ||||||
7 | Director upon request. As part of these audits, the | ||||||
8 | network plan shall contact any provider in its network | ||||||
9 | that has not submitted a claim to the plan or otherwise | ||||||
10 | communicated his or her intent to continue participation | ||||||
11 | in the plan's network. | ||||||
12 | (4) A network plan shall provide a printed print copy | ||||||
13 | of a current provider directory or a printed print copy of | ||||||
14 | the requested directory information upon request of a | ||||||
15 | beneficiary or a prospective beneficiary. Printed Print | ||||||
16 | copies must be updated quarterly and an errata that | ||||||
17 | reflects changes in the provider network must be updated | ||||||
18 | quarterly. | ||||||
19 | (5) For each network plan, a network plan shall | ||||||
20 | include, in plain language in both the electronic and | ||||||
21 | print directory, the following general information: | ||||||
22 | (A) in plain language, a description of the | ||||||
23 | criteria the plan has used to build its provider | ||||||
24 | network; | ||||||
25 | (B) if applicable, in plain language, a | ||||||
26 | description of the criteria the insurer or network |
| |||||||
| |||||||
1 | plan has used to create tiered networks; | ||||||
2 | (C) if applicable, in plain language, how the | ||||||
3 | network plan designates the different provider tiers | ||||||
4 | or levels in the network and identifies for each | ||||||
5 | specific provider, hospital, or other type of facility | ||||||
6 | in the network which tier each is placed, for example, | ||||||
7 | by name, symbols, or grouping, in order for a | ||||||
8 | beneficiary-covered person or a prospective | ||||||
9 | beneficiary-covered person to be able to identify the | ||||||
10 | provider tier; and | ||||||
11 | (D) if applicable, a notation that authorization | ||||||
12 | or referral may be required to access some providers. | ||||||
13 | (6) A network plan shall make it clear for both its | ||||||
14 | electronic and print directories what provider directory | ||||||
15 | applies to which network plan, such as including the | ||||||
16 | specific name of the network plan as marketed and issued | ||||||
17 | in this State. The network plan shall include in both its | ||||||
18 | electronic and print directories a customer service email | ||||||
19 | address and telephone number or electronic link that | ||||||
20 | beneficiaries or the general public may use to notify the | ||||||
21 | network plan of inaccurate provider directory information | ||||||
22 | and contact information for the Department's Office of | ||||||
23 | Consumer Health Insurance. | ||||||
24 | (7) A provider directory, whether in electronic or | ||||||
25 | print format, shall accommodate the communication needs of | ||||||
26 | individuals with disabilities, and include a link to or |
| |||||||
| |||||||
1 | information regarding available assistance for persons | ||||||
2 | with limited English proficiency. | ||||||
3 | (b) For each network plan, a network plan shall make | ||||||
4 | available through an electronic provider directory the | ||||||
5 | following information in a searchable format: | ||||||
6 | (1) for health care professionals: | ||||||
7 | (A) name; | ||||||
8 | (B) gender; | ||||||
9 | (C) participating office locations; | ||||||
10 | (D) specialty, if applicable; | ||||||
11 | (E) medical group affiliations, if applicable; | ||||||
12 | (F) facility affiliations, if applicable; | ||||||
13 | (G) participating facility affiliations, if | ||||||
14 | applicable; | ||||||
15 | (H) languages spoken other than English, if | ||||||
16 | applicable; | ||||||
17 | (I) whether accepting new patients; | ||||||
18 | (J) board certifications, if applicable; and | ||||||
19 | (K) use of telehealth or telemedicine, including, | ||||||
20 | but not limited to: | ||||||
21 | (i) whether the provider offers the use of | ||||||
22 | telehealth or telemedicine to deliver services to | ||||||
23 | patients for whom it would be clinically | ||||||
24 | appropriate; | ||||||
25 | (ii) what modalities are used and what types | ||||||
26 | of services may be provided via telehealth or |
| |||||||
| |||||||
1 | telemedicine; and | ||||||
2 | (iii) whether the provider has the ability and | ||||||
3 | willingness to include in a telehealth or | ||||||
4 | telemedicine encounter a family caregiver who is | ||||||
5 | in a separate location than the patient if the | ||||||
6 | patient wishes and provides his or her consent; | ||||||
7 | (2) for hospitals: | ||||||
8 | (A) hospital name; | ||||||
9 | (B) hospital type (such as acute, rehabilitation, | ||||||
10 | children's, or cancer); | ||||||
11 | (C) participating hospital location; and | ||||||
12 | (D) hospital accreditation status; and | ||||||
13 | (3) for facilities, other than hospitals, by type: | ||||||
14 | (A) facility name; | ||||||
15 | (B) facility type; | ||||||
16 | (C) types of services performed; and | ||||||
17 | (D) participating facility location or locations. | ||||||
18 | (c) For the electronic provider directories, for each | ||||||
19 | network plan, a network plan shall make available all of the | ||||||
20 | following information in addition to the searchable | ||||||
21 | information required in this Section: | ||||||
22 | (1) for health care professionals: | ||||||
23 | (A) contact information; and | ||||||
24 | (B) languages spoken other than English by | ||||||
25 | clinical staff, if applicable; | ||||||
26 | (2) for hospitals, telephone number; and |
| |||||||
| |||||||
1 | (3) for facilities other than hospitals, telephone | ||||||
2 | number. | ||||||
3 | (d) The insurer or network plan shall make available in | ||||||
4 | print, upon request, the following provider directory | ||||||
5 | information for the applicable network plan: | ||||||
6 | (1) for health care professionals: | ||||||
7 | (A) name; | ||||||
8 | (B) contact information; | ||||||
9 | (C) participating office location or locations; | ||||||
10 | (D) specialty, if applicable; | ||||||
11 | (E) languages spoken other than English, if | ||||||
12 | applicable; | ||||||
13 | (F) whether accepting new patients; and | ||||||
14 | (G) use of telehealth or telemedicine, including, | ||||||
15 | but not limited to: | ||||||
16 | (i) whether the provider offers the use of | ||||||
17 | telehealth or telemedicine to deliver services to | ||||||
18 | patients for whom it would be clinically | ||||||
19 | appropriate; | ||||||
20 | (ii) what modalities are used and what types | ||||||
21 | of services may be provided via telehealth or | ||||||
22 | telemedicine; and | ||||||
23 | (iii) whether the provider has the ability and | ||||||
24 | willingness to include in a telehealth or | ||||||
25 | telemedicine encounter a family caregiver who is | ||||||
26 | in a separate location than the patient if the |
| |||||||
| |||||||
1 | patient wishes and provides his or her consent; | ||||||
2 | (2) for hospitals: | ||||||
3 | (A) hospital name; | ||||||
4 | (B) hospital type (such as acute, rehabilitation, | ||||||
5 | children's, or cancer); and | ||||||
6 | (C) participating hospital location and telephone | ||||||
7 | number; and | ||||||
8 | (3) for facilities, other than hospitals, by type: | ||||||
9 | (A) facility name; | ||||||
10 | (B) facility type; | ||||||
11 | (C) types of services performed; and | ||||||
12 | (D) participating facility location or locations | ||||||
13 | and telephone numbers. | ||||||
14 | (e) The network plan shall include a disclosure in the | ||||||
15 | print format provider directory that the information included | ||||||
16 | in the directory is accurate as of the date of printing and | ||||||
17 | that beneficiaries or prospective beneficiaries should consult | ||||||
18 | the insurer's electronic provider directory on its website and | ||||||
19 | contact the provider. The network plan shall also include a | ||||||
20 | telephone number in the print format provider directory for a | ||||||
21 | customer service representative where the beneficiary can | ||||||
22 | obtain current provider directory information. | ||||||
23 | (f) The Director may conduct periodic audits of the | ||||||
24 | accuracy of provider directories. A network plan shall not be | ||||||
25 | subject to any fines or penalties for information required in | ||||||
26 | this Section that a provider submits that is inaccurate or |
| |||||||
| |||||||
1 | incomplete. | ||||||
2 | (Source: P.A. 102-92, eff. 7-9-21; revised 9-26-23.)
| ||||||
3 | Section 360. The Health Maintenance Organization Act is | ||||||
4 | amended by changing Section 5-3 as follows:
| ||||||
5 | (215 ILCS 125/5-3) (from Ch. 111 1/2, par. 1411.2) | ||||||
6 | Sec. 5-3. Insurance Code provisions. | ||||||
7 | (a) Health Maintenance Organizations shall be subject to | ||||||
8 | the provisions of Sections 133, 134, 136, 137, 139, 140, | ||||||
9 | 141.1, 141.2, 141.3, 143, 143c, 147, 148, 149, 151, 152, 153, | ||||||
10 | 154, 154.5, 154.6, 154.7, 154.8, 155.04, 155.22a, 155.49, | ||||||
11 | 355.2, 355.3, 355b, 355c, 356f, 356g.5-1, 356m, 356q, 356v, | ||||||
12 | 356w, 356x, 356z.2, 356z.3a, 356z.4, 356z.4a, 356z.5, 356z.6, | ||||||
13 | 356z.8, 356z.9, 356z.10, 356z.11, 356z.12, 356z.13, 356z.14, | ||||||
14 | 356z.15, 356z.17, 356z.18, 356z.19, 356z.20, 356z.21, 356z.22, | ||||||
15 | 356z.23, 356z.24, 356z.25, 356z.26, 356z.28, 356z.29, 356z.30, | ||||||
16 | 356z.30a, 356z.31, 356z.32, 356z.33, 356z.34, 356z.35, | ||||||
17 | 356z.36, 356z.37, 356z.38, 356z.39, 356z.40, 356z.41, 356z.44, | ||||||
18 | 356z.45, 356z.46, 356z.47, 356z.48, 356z.49, 356z.50, 356z.51, | ||||||
19 | 356z.53, 356z.54, 356z.55, 356z.56, 356z.57, 356z.58, 356z.59, | ||||||
20 | 356z.60, 356z.61, 356z.62, 356z.64, 356z.65, 356z.67, 356z.68, | ||||||
21 | 364, 364.01, 364.3, 367.2, 367.2-5, 367i, 368a, 368b, 368c, | ||||||
22 | 368d, 368e, 370c, 370c.1, 401, 401.1, 402, 403, 403A, 408, | ||||||
23 | 408.2, 409, 412, 444, and 444.1, paragraph (c) of subsection | ||||||
24 | (2) of Section 367, and Articles IIA, VIII 1/2, XII, XII 1/2, |
| |||||||
| |||||||
1 | XIII, XIII 1/2, XXV, XXVI, and XXXIIB of the Illinois | ||||||
2 | Insurance Code. | ||||||
3 | (b) For purposes of the Illinois Insurance Code, except | ||||||
4 | for Sections 444 and 444.1 and Articles XIII and XIII 1/2, | ||||||
5 | Health Maintenance Organizations in the following categories | ||||||
6 | are deemed to be "domestic companies": | ||||||
7 | (1) a corporation authorized under the Dental Service | ||||||
8 | Plan Act or the Voluntary Health Services Plans Act; | ||||||
9 | (2) a corporation organized under the laws of this | ||||||
10 | State; or | ||||||
11 | (3) a corporation organized under the laws of another | ||||||
12 | state, 30% or more of the enrollees of which are residents | ||||||
13 | of this State, except a corporation subject to | ||||||
14 | substantially the same requirements in its state of | ||||||
15 | organization as is a "domestic company" under Article VIII | ||||||
16 | 1/2 of the Illinois Insurance Code. | ||||||
17 | (c) In considering the merger, consolidation, or other | ||||||
18 | acquisition of control of a Health Maintenance Organization | ||||||
19 | pursuant to Article VIII 1/2 of the Illinois Insurance Code, | ||||||
20 | (1) the Director shall give primary consideration to | ||||||
21 | the continuation of benefits to enrollees and the | ||||||
22 | financial conditions of the acquired Health Maintenance | ||||||
23 | Organization after the merger, consolidation, or other | ||||||
24 | acquisition of control takes effect; | ||||||
25 | (2)(i) the criteria specified in subsection (1)(b) of | ||||||
26 | Section 131.8 of the Illinois Insurance Code shall not |
| |||||||
| |||||||
1 | apply and (ii) the Director, in making his determination | ||||||
2 | with respect to the merger, consolidation, or other | ||||||
3 | acquisition of control, need not take into account the | ||||||
4 | effect on competition of the merger, consolidation, or | ||||||
5 | other acquisition of control; | ||||||
6 | (3) the Director shall have the power to require the | ||||||
7 | following information: | ||||||
8 | (A) certification by an independent actuary of the | ||||||
9 | adequacy of the reserves of the Health Maintenance | ||||||
10 | Organization sought to be acquired; | ||||||
11 | (B) pro forma financial statements reflecting the | ||||||
12 | combined balance sheets of the acquiring company and | ||||||
13 | the Health Maintenance Organization sought to be | ||||||
14 | acquired as of the end of the preceding year and as of | ||||||
15 | a date 90 days prior to the acquisition, as well as pro | ||||||
16 | forma financial statements reflecting projected | ||||||
17 | combined operation for a period of 2 years; | ||||||
18 | (C) a pro forma business plan detailing an | ||||||
19 | acquiring party's plans with respect to the operation | ||||||
20 | of the Health Maintenance Organization sought to be | ||||||
21 | acquired for a period of not less than 3 years; and | ||||||
22 | (D) such other information as the Director shall | ||||||
23 | require. | ||||||
24 | (d) The provisions of Article VIII 1/2 of the Illinois | ||||||
25 | Insurance Code and this Section 5-3 shall apply to the sale by | ||||||
26 | any health maintenance organization of greater than 10% of its |
| |||||||
| |||||||
1 | enrollee population (including , without limitation , the health | ||||||
2 | maintenance organization's right, title, and interest in and | ||||||
3 | to its health care certificates). | ||||||
4 | (e) In considering any management contract or service | ||||||
5 | agreement subject to Section 141.1 of the Illinois Insurance | ||||||
6 | Code, the Director (i) shall, in addition to the criteria | ||||||
7 | specified in Section 141.2 of the Illinois Insurance Code, | ||||||
8 | take into account the effect of the management contract or | ||||||
9 | service agreement on the continuation of benefits to enrollees | ||||||
10 | and the financial condition of the health maintenance | ||||||
11 | organization to be managed or serviced, and (ii) need not take | ||||||
12 | into account the effect of the management contract or service | ||||||
13 | agreement on competition. | ||||||
14 | (f) Except for small employer groups as defined in the | ||||||
15 | Small Employer Rating, Renewability and Portability Health | ||||||
16 | Insurance Act and except for medicare supplement policies as | ||||||
17 | defined in Section 363 of the Illinois Insurance Code, a | ||||||
18 | Health Maintenance Organization may by contract agree with a | ||||||
19 | group or other enrollment unit to effect refunds or charge | ||||||
20 | additional premiums under the following terms and conditions: | ||||||
21 | (i) the amount of, and other terms and conditions with | ||||||
22 | respect to, the refund or additional premium are set forth | ||||||
23 | in the group or enrollment unit contract agreed in advance | ||||||
24 | of the period for which a refund is to be paid or | ||||||
25 | additional premium is to be charged (which period shall | ||||||
26 | not be less than one year); and |
| |||||||
| |||||||
1 | (ii) the amount of the refund or additional premium | ||||||
2 | shall not exceed 20% of the Health Maintenance | ||||||
3 | Organization's profitable or unprofitable experience with | ||||||
4 | respect to the group or other enrollment unit for the | ||||||
5 | period (and, for purposes of a refund or additional | ||||||
6 | premium, the profitable or unprofitable experience shall | ||||||
7 | be calculated taking into account a pro rata share of the | ||||||
8 | Health Maintenance Organization's administrative and | ||||||
9 | marketing expenses, but shall not include any refund to be | ||||||
10 | made or additional premium to be paid pursuant to this | ||||||
11 | subsection (f)). The Health Maintenance Organization and | ||||||
12 | the group or enrollment unit may agree that the profitable | ||||||
13 | or unprofitable experience may be calculated taking into | ||||||
14 | account the refund period and the immediately preceding 2 | ||||||
15 | plan years. | ||||||
16 | The Health Maintenance Organization shall include a | ||||||
17 | statement in the evidence of coverage issued to each enrollee | ||||||
18 | describing the possibility of a refund or additional premium, | ||||||
19 | and upon request of any group or enrollment unit, provide to | ||||||
20 | the group or enrollment unit a description of the method used | ||||||
21 | to calculate (1) the Health Maintenance Organization's | ||||||
22 | profitable experience with respect to the group or enrollment | ||||||
23 | unit and the resulting refund to the group or enrollment unit | ||||||
24 | or (2) the Health Maintenance Organization's unprofitable | ||||||
25 | experience with respect to the group or enrollment unit and | ||||||
26 | the resulting additional premium to be paid by the group or |
| |||||||
| |||||||
1 | enrollment unit. | ||||||
2 | In no event shall the Illinois Health Maintenance | ||||||
3 | Organization Guaranty Association be liable to pay any | ||||||
4 | contractual obligation of an insolvent organization to pay any | ||||||
5 | refund authorized under this Section. | ||||||
6 | (g) Rulemaking authority to implement Public Act 95-1045, | ||||||
7 | if any, is conditioned on the rules being adopted in | ||||||
8 | accordance with all provisions of the Illinois Administrative | ||||||
9 | Procedure Act and all rules and procedures of the Joint | ||||||
10 | Committee on Administrative Rules; any purported rule not so | ||||||
11 | adopted, for whatever reason, is unauthorized. | ||||||
12 | (Source: P.A. 102-30, eff. 1-1-22; 102-34, eff. 6-25-21; | ||||||
13 | 102-203, eff. 1-1-22; 102-306, eff. 1-1-22; 102-443, eff. | ||||||
14 | 1-1-22; 102-589, eff. 1-1-22; 102-642, eff. 1-1-22; 102-665, | ||||||
15 | eff. 10-8-21; 102-731, eff. 1-1-23; 102-775, eff. 5-13-22; | ||||||
16 | 102-804, eff. 1-1-23; 102-813, eff. 5-13-22; 102-816, eff. | ||||||
17 | 1-1-23; 102-860, eff. 1-1-23; 102-901, eff. 7-1-22; 102-1093, | ||||||
18 | eff. 1-1-23; 102-1117, eff. 1-13-23; 103-84, eff. 1-1-24; | ||||||
19 | 103-91, eff. 1-1-24; 103-123, eff. 1-1-24; 103-154, eff. | ||||||
20 | 6-30-23; 103-420, eff. 1-1-24; 103-426, eff. 8-4-23; 103-445, | ||||||
21 | eff. 1-1-24; 103-551, eff. 8-11-23; revised 8-29-23.)
| ||||||
22 | Section 365. The Limited Health Service Organization Act | ||||||
23 | is amended by changing Sections 3006 and 4003 as follows:
| ||||||
24 | (215 ILCS 130/3006) (from Ch. 73, par. 1503-6) |
| |||||||
| |||||||
1 | Sec. 3006. Changes in rate methodology and benefits; | ||||||
2 | material modifications; addition of limited health services. | ||||||
3 | (a) A limited health service organization shall file with | ||||||
4 | the Director prior to use, a notice of any change in rate | ||||||
5 | methodology, charges , or benefits and of any material | ||||||
6 | modification of any matter or document furnished pursuant to | ||||||
7 | Section 2001, together with such supporting documents as are | ||||||
8 | necessary to fully explain the change or modification. | ||||||
9 | (1) Contract modifications described in paragraphs (5) | ||||||
10 | and (6) of subsection (c) of Section 2001 shall include | ||||||
11 | all agreements between the organization and enrollees, | ||||||
12 | providers, administrators of services , and insurers of | ||||||
13 | limited health services; also other material transactions | ||||||
14 | or series of transactions, the total annual value of which | ||||||
15 | exceeds the greater of $100,000 or 5% of net earned | ||||||
16 | subscription revenue for the most current 12-month 12 | ||||||
17 | month period as determined from filed financial | ||||||
18 | statements. | ||||||
19 | (2) Contract modification for reinsurance. Any | ||||||
20 | agreement between the organization and an insurer shall be | ||||||
21 | subject to the provisions of Article XI of the Illinois | ||||||
22 | Insurance Code, as now or hereafter amended. All | ||||||
23 | reinsurance agreements must be filed with the Director. | ||||||
24 | Approval of the Director in required agreements must be | ||||||
25 | filed. Approval of the director is required for all | ||||||
26 | agreements except individual stop loss, aggregate excess, |
| |||||||
| |||||||
1 | hospitalization benefits , or out-of-area of the | ||||||
2 | participating providers, unless 20% or more of the | ||||||
3 | organization's total risk is reinsured, in which case all | ||||||
4 | reinsurance agreements shall require approval. | ||||||
5 | (b) If a limited health service organization desires to | ||||||
6 | add one or more additional limited health services, it shall | ||||||
7 | file a notice with the Director and, at the same time, submit | ||||||
8 | the information required by Section 2001 if different from | ||||||
9 | that filed with the prepaid limited health service | ||||||
10 | organization's application. Issuance of such an amended | ||||||
11 | certificate of authority shall be subject to the conditions of | ||||||
12 | Section 2002 of this Act. | ||||||
13 | (c) In addition to any applicable provisions of this Act, | ||||||
14 | premium rate filings shall be subject to subsection (i) of | ||||||
15 | Section 355 of the Illinois Insurance Code. | ||||||
16 | (Source: P.A. 103-106, eff. 1-1-24; revised 1-2-24.)
| ||||||
17 | (215 ILCS 130/4003) (from Ch. 73, par. 1504-3) | ||||||
18 | Sec. 4003. Illinois Insurance Code provisions. Limited | ||||||
19 | health service organizations shall be subject to the | ||||||
20 | provisions of Sections 133, 134, 136, 137, 139, 140, 141.1, | ||||||
21 | 141.2, 141.3, 143, 143c, 147, 148, 149, 151, 152, 153, 154, | ||||||
22 | 154.5, 154.6, 154.7, 154.8, 155.04, 155.37, 155.49, 355.2, | ||||||
23 | 355.3, 355b, 356q, 356v, 356z.4, 356z.4a, 356z.10, 356z.21, | ||||||
24 | 356z.22, 356z.25, 356z.26, 356z.29, 356z.30a, 356z.32, | ||||||
25 | 356z.33, 356z.41, 356z.46, 356z.47, 356z.51, 356z.53, 356z.54, |
| |||||||
| |||||||
1 | 356z.57, 356z.59, 356z.61, 356z.64, 356z.67, 356z.68, 364.3, | ||||||
2 | 368a, 401, 401.1, 402, 403, 403A, 408, 408.2, 409, 412, 444, | ||||||
3 | and 444.1 and Articles IIA, VIII 1/2, XII, XII 1/2, XIII, XIII | ||||||
4 | 1/2, XXV, and XXVI of the Illinois Insurance Code. Nothing in | ||||||
5 | this Section shall require a limited health care plan to cover | ||||||
6 | any service that is not a limited health service. For purposes | ||||||
7 | of the Illinois Insurance Code, except for Sections 444 and | ||||||
8 | 444.1 and Articles XIII and XIII 1/2, limited health service | ||||||
9 | organizations in the following categories are deemed to be | ||||||
10 | domestic companies: | ||||||
11 | (1) a corporation under the laws of this State; or | ||||||
12 | (2) a corporation organized under the laws of another | ||||||
13 | state, 30% or more of the enrollees of which are residents | ||||||
14 | of this State, except a corporation subject to | ||||||
15 | substantially the same requirements in its state of | ||||||
16 | organization as is a domestic company under Article VIII | ||||||
17 | 1/2 of the Illinois Insurance Code. | ||||||
18 | (Source: P.A. 102-30, eff. 1-1-22; 102-203, eff. 1-1-22; | ||||||
19 | 102-306, eff. 1-1-22; 102-642, eff. 1-1-22; 102-731, eff. | ||||||
20 | 1-1-23; 102-775, eff. 5-13-22; 102-813, eff. 5-13-22; 102-816, | ||||||
21 | eff. 1-1-23; 102-860, eff. 1-1-23; 102-1093, eff. 1-1-23; | ||||||
22 | 102-1117, eff. 1-13-23; 103-84, eff. 1-1-24; 103-91, eff. | ||||||
23 | 1-1-24; 103-420, eff. 1-1-24; 103-426, eff. 8-4-23; 103-445, | ||||||
24 | eff. 1-1-24; revised 8-29-23.)
| ||||||
25 | Section 370. The Voluntary Health Services Plans Act is |
| |||||||
| |||||||
1 | amended by changing Section 10 as follows:
| ||||||
2 | (215 ILCS 165/10) (from Ch. 32, par. 604) | ||||||
3 | Sec. 10. Application of Insurance Code provisions. Health | ||||||
4 | services plan corporations and all persons interested therein | ||||||
5 | or dealing therewith shall be subject to the provisions of | ||||||
6 | Articles IIA and XII 1/2 and Sections 3.1, 133, 136, 139, 140, | ||||||
7 | 143, 143c, 149, 155.22a, 155.37, 354, 355.2, 355.3, 355b, | ||||||
8 | 356g, 356g.5, 356g.5-1, 356q, 356r, 356t, 356u, 356v, 356w, | ||||||
9 | 356x, 356y, 356z.1, 356z.2, 356z.3a, 356z.4, 356z.4a, 356z.5, | ||||||
10 | 356z.6, 356z.8, 356z.9, 356z.10, 356z.11, 356z.12, 356z.13, | ||||||
11 | 356z.14, 356z.15, 356z.18, 356z.19, 356z.21, 356z.22, 356z.25, | ||||||
12 | 356z.26, 356z.29, 356z.30, 356z.30a, 356z.32, 356z.33, | ||||||
13 | 356z.40, 356z.41, 356z.46, 356z.47, 356z.51, 356z.53, 356z.54, | ||||||
14 | 356z.56, 356z.57, 356z.59, 356z.60, 356z.61, 356z.62, 356z.64, | ||||||
15 | 356z.67, 356z.68, 364.01, 364.3, 367.2, 368a, 401, 401.1, 402, | ||||||
16 | 403, 403A, 408, 408.2, and 412, and paragraphs (7) and (15) of | ||||||
17 | Section 367 of the Illinois Insurance Code. | ||||||
18 | Rulemaking authority to implement Public Act 95-1045, if | ||||||
19 | any, is conditioned on the rules being adopted in accordance | ||||||
20 | with all provisions of the Illinois Administrative Procedure | ||||||
21 | Act and all rules and procedures of the Joint Committee on | ||||||
22 | Administrative Rules; any purported rule not so adopted, for | ||||||
23 | whatever reason, is unauthorized. | ||||||
24 | (Source: P.A. 102-30, eff. 1-1-22; 102-203, eff. 1-1-22; | ||||||
25 | 102-306, eff. 1-1-22; 102-642, eff. 1-1-22; 102-665, eff. |
| |||||||
| |||||||
1 | 10-8-21; 102-731, eff. 1-1-23; 102-775, eff. 5-13-22; 102-804, | ||||||
2 | eff. 1-1-23; 102-813, eff. 5-13-22; 102-816, eff. 1-1-23; | ||||||
3 | 102-860, eff. 1-1-23; 102-901, eff. 7-1-22; 102-1093, eff. | ||||||
4 | 1-1-23; 102-1117, eff. 1-13-23; 103-84, eff. 1-1-24; 103-91, | ||||||
5 | eff. 1-1-24; 103-420, eff. 1-1-24; 103-445, eff. 1-1-24; | ||||||
6 | 103-551, eff. 8-11-23; revised 8-29-23.)
| ||||||
7 | Section 375. The Public Utilities Act is amended by | ||||||
8 | changing Sections 8-205, 9-222.1A, and 9-229 as follows:
| ||||||
9 | (220 ILCS 5/8-205) (from Ch. 111 2/3, par. 8-205) | ||||||
10 | Sec. 8-205. (a) Termination of gas and electric utility | ||||||
11 | service to all residential users, including all tenants of | ||||||
12 | mastermetered apartment buildings, for nonpayment of bills, | ||||||
13 | where gas or electricity is used as the only source of space | ||||||
14 | heating or to control or operate the only space heating | ||||||
15 | equipment at the residence is prohibited : , | ||||||
16 | (1) on any day when the National Weather Service | ||||||
17 | forecast for the following 24 hours covering the area of | ||||||
18 | the utility in which the residence is located includes a | ||||||
19 | forecast that the temperature will be 32 degrees | ||||||
20 | Fahrenheit or below; or | ||||||
21 | (2) on any day preceding a holiday or a weekend when | ||||||
22 | such a forecast indicated that the temperature will be 32 | ||||||
23 | degrees Fahrenheit or below during the holiday or weekend. | ||||||
24 | (b) If gas or electricity is used as the only source of |
| |||||||
| |||||||
1 | space cooling or to control or operate the only space cooling | ||||||
2 | equipment at a residence, then a utility may not terminate gas | ||||||
3 | or electric utility service to a residential user, including | ||||||
4 | all tenants of mastermetered apartment buildings, for | ||||||
5 | nonpayment of bills: | ||||||
6 | (1) on any day when the National Weather Service | ||||||
7 | forecast for the following 24 hours covering the area of | ||||||
8 | the utility in which the residence is located includes a | ||||||
9 | forecast that the temperature will be 90 degrees | ||||||
10 | Fahrenheit or above; | ||||||
11 | (2) on any day preceding a holiday or weekend when the | ||||||
12 | National Weather Service for the following 24 hours | ||||||
13 | covering the area of the utility in which the residence is | ||||||
14 | located includes a forecast that the temperature will be | ||||||
15 | 90 degrees Fahrenheit or above during the holiday or | ||||||
16 | weekend; or | ||||||
17 | (3) when the National Weather Service issues an | ||||||
18 | excessive heat watch, heat advisory, or excessive heat | ||||||
19 | warning covering the area of the utility in which the | ||||||
20 | residence is located. | ||||||
21 | (Source: P.A. 103-19, eff. 1-1-24; revised 1-2-24.)
| ||||||
22 | (220 ILCS 5/9-222.1A) | ||||||
23 | Sec. 9-222.1A. High impact business. Beginning on August | ||||||
24 | 1, 1998 and thereafter, a business enterprise that is | ||||||
25 | certified as a High Impact Business by the Department of |
| |||||||
| |||||||
1 | Commerce and Economic Opportunity (formerly Department of | ||||||
2 | Commerce and Community Affairs) is exempt from the tax imposed | ||||||
3 | by Section 2-4 of the Electricity Excise Tax Law, if the High | ||||||
4 | Impact Business is registered to self-assess that tax, and is | ||||||
5 | exempt from any additional charges added to the business | ||||||
6 | enterprise's utility bills as a pass-on of State utility taxes | ||||||
7 | under Section 9-222 of this Act, to the extent the tax or | ||||||
8 | charges are exempted by the percentage specified by the | ||||||
9 | Department of Commerce and Economic Opportunity for State | ||||||
10 | utility taxes, provided the business enterprise meets the | ||||||
11 | following criteria: | ||||||
12 | (1) (A) it intends either (i) to make a minimum | ||||||
13 | eligible investment of $12,000,000 that will be placed | ||||||
14 | in service in qualified property in Illinois and is | ||||||
15 | intended to create at least 500 full-time equivalent | ||||||
16 | jobs at a designated location in Illinois; or (ii) to | ||||||
17 | make a minimum eligible investment of $30,000,000 that | ||||||
18 | will be placed in service in qualified property in | ||||||
19 | Illinois and is intended to retain at least 1,500 | ||||||
20 | full-time equivalent jobs at a designated location in | ||||||
21 | Illinois; or | ||||||
22 | (B) it meets the criteria of subdivision | ||||||
23 | (a)(3)(B), (a)(3)(C), (a)(3)(D), (a)(3)(F), or | ||||||
24 | (a)(3)(G) , or (a)(3)(H) of Section 5.5 of the Illinois | ||||||
25 | Enterprise Zone Act; | ||||||
26 | (2) it is designated as a High Impact Business by the |
| |||||||
| |||||||
1 | Department of Commerce and Economic Opportunity; and | ||||||
2 | (3) it is certified by the Department of Commerce and | ||||||
3 | Economic Opportunity as complying with the requirements | ||||||
4 | specified in clauses (1) and (2) of this Section. | ||||||
5 | The Department of Commerce and Economic Opportunity shall | ||||||
6 | determine the period during which the exemption from the | ||||||
7 | Electricity Excise Tax Law and the charges imposed under | ||||||
8 | Section 9-222 are in effect and shall specify the percentage | ||||||
9 | of the exemption from those taxes or additional charges. | ||||||
10 | The Department of Commerce and Economic Opportunity is | ||||||
11 | authorized to promulgate rules and regulations to carry out | ||||||
12 | the provisions of this Section, including procedures for | ||||||
13 | complying with the requirements specified in clauses (1) and | ||||||
14 | (2) of this Section and procedures for applying for the | ||||||
15 | exemptions authorized under this Section; to define the | ||||||
16 | amounts and types of eligible investments that business | ||||||
17 | enterprises must make in order to receive State utility tax | ||||||
18 | exemptions or exemptions from the additional charges imposed | ||||||
19 | under Section 9-222 and this Section; to approve such utility | ||||||
20 | tax exemptions for business enterprises whose investments are | ||||||
21 | not yet placed in service; and to require that business | ||||||
22 | enterprises granted tax exemptions or exemptions from | ||||||
23 | additional charges under Section 9-222 repay the exempted | ||||||
24 | amount if the business enterprise fails to comply with the | ||||||
25 | terms and conditions of the certification. | ||||||
26 | Upon certification of the business enterprises by the |
| |||||||
| |||||||
1 | Department of Commerce and Economic Opportunity, the | ||||||
2 | Department of Commerce and Economic Opportunity shall notify | ||||||
3 | the Department of Revenue of the certification. The Department | ||||||
4 | of Revenue shall notify the public utilities of the exemption | ||||||
5 | status of business enterprises from the tax or pass-on charges | ||||||
6 | of State utility taxes. The exemption status shall take effect | ||||||
7 | within 3 months after certification of the business | ||||||
8 | enterprise. | ||||||
9 | (Source: P.A. 102-1125, eff. 2-3-23; 103-9, eff. 6-7-23; | ||||||
10 | 103-561, eff. 1-1-24; revised 11-21-23.)
| ||||||
11 | (220 ILCS 5/9-229) | ||||||
12 | Sec. 9-229. Consideration of attorney and expert | ||||||
13 | compensation as an expense and intervenor compensation fund. | ||||||
14 | (a) The Commission shall specifically assess the justness | ||||||
15 | and reasonableness of any amount expended by a public utility | ||||||
16 | to compensate attorneys or technical experts to prepare and | ||||||
17 | litigate a general rate case filing. This issue shall be | ||||||
18 | expressly addressed in the Commission's final order. | ||||||
19 | (b) The State of Illinois shall create a Consumer | ||||||
20 | Intervenor Compensation Fund subject to the following: | ||||||
21 | (1) Provision of compensation for Consumer Interest | ||||||
22 | Representatives that intervene in Illinois Commerce | ||||||
23 | Commission proceedings will increase public engagement, | ||||||
24 | encourage additional transparency, expand the information | ||||||
25 | available to the Commission, and improve decision-making. |
| |||||||
| |||||||
1 | (2) As used in this Section, "Consumer interest | ||||||
2 | representative" means: | ||||||
3 | (A) a residential utility customer or group of | ||||||
4 | residential utility customers represented by a | ||||||
5 | not-for-profit group or organization registered with | ||||||
6 | the Illinois Attorney General under the Solicitation | ||||||
7 | for of Charity Act; | ||||||
8 | (B) representatives of not-for-profit groups or | ||||||
9 | organizations whose membership is limited to | ||||||
10 | residential utility customers; or | ||||||
11 | (C) representatives of not-for-profit groups or | ||||||
12 | organizations whose membership includes Illinois | ||||||
13 | residents and that address the community, economic, | ||||||
14 | environmental, or social welfare of Illinois | ||||||
15 | residents, except government agencies or intervenors | ||||||
16 | specifically authorized by Illinois law to participate | ||||||
17 | in Commission proceedings on behalf of Illinois | ||||||
18 | consumers. | ||||||
19 | (3) A consumer interest representative is eligible to | ||||||
20 | receive compensation from the consumer intervenor | ||||||
21 | compensation fund if its participation included lay or | ||||||
22 | expert testimony or legal briefing and argument concerning | ||||||
23 | the expenses, investments, rate design, rate impact, or | ||||||
24 | other matters affecting the pricing, rates, costs or other | ||||||
25 | charges associated with utility service, the Commission | ||||||
26 | adopts a material recommendation related to a significant |
| |||||||
| |||||||
1 | issue in the docket, and participation caused a | ||||||
2 | significant financial hardship to the participant; | ||||||
3 | however, no consumer interest representative shall be | ||||||
4 | eligible to receive an award pursuant to this Section if | ||||||
5 | the consumer interest representative receives any | ||||||
6 | compensation, funding, or donations, directly or | ||||||
7 | indirectly, from parties that have a financial interest in | ||||||
8 | the outcome of the proceeding. | ||||||
9 | (4) Within 30 days after September 15, 2021 ( the | ||||||
10 | effective date of Public Act 102-662) this amendatory Act | ||||||
11 | of the 102nd General Assembly , each utility that files a | ||||||
12 | request for an increase in rates under Article IX or | ||||||
13 | Article XVI shall deposit an amount equal to one half of | ||||||
14 | the rate case attorney and expert expense allowed by the | ||||||
15 | Commission, but not to exceed $500,000, into the fund | ||||||
16 | within 35 days of the date of the Commission's final Order | ||||||
17 | in the rate case or 20 days after the denial of rehearing | ||||||
18 | under Section 10-113 of this Act, whichever is later. The | ||||||
19 | Consumer Intervenor Compensation Fund shall be used to | ||||||
20 | provide payment to consumer interest representatives as | ||||||
21 | described in this Section. | ||||||
22 | (5) An electric public utility with 3,000,000 or more | ||||||
23 | retail customers shall contribute $450,000 to the Consumer | ||||||
24 | Intervenor Compensation Fund within 60 days after | ||||||
25 | September 15, 2021 ( the effective date of Public Act | ||||||
26 | 102-662) this amendatory Act of the 102nd General |
| |||||||
| |||||||
1 | Assembly . A combined electric and gas public utility | ||||||
2 | serving fewer than 3,000,000 but more than 500,000 retail | ||||||
3 | customers shall contribute $225,000 to the Consumer | ||||||
4 | Intervenor Compensation Fund within 60 days after | ||||||
5 | September 15, 2021 ( the effective date of Public Act | ||||||
6 | 102-662) this amendatory Act of the 102nd General | ||||||
7 | Assembly . A gas public utility with 1,500,000 or more | ||||||
8 | retail customers that is not a combined electric and gas | ||||||
9 | public utility shall contribute $225,000 to the Consumer | ||||||
10 | Intervenor Compensation Fund within 60 days after | ||||||
11 | September 15, 2021 ( the effective date of Public Act | ||||||
12 | 102-662) this amendatory Act of the 102nd General | ||||||
13 | Assembly . A gas public utility with fewer than 1,500,000 | ||||||
14 | retail customers but more than 300,000 retail customers | ||||||
15 | that is not a combined electric and gas public utility | ||||||
16 | shall contribute $80,000 to the Consumer Intervenor | ||||||
17 | Compensation Fund within 60 days after September 15, 2021 | ||||||
18 | ( the effective date of Public Act 102-662) this amendatory | ||||||
19 | Act of the 102nd General Assembly . A gas public utility | ||||||
20 | with fewer than 300,000 retail customers that is not a | ||||||
21 | combined electric and gas public utility shall contribute | ||||||
22 | $20,000 to the Consumer Intervenor Compensation Fund | ||||||
23 | within 60 days after September 15, 2021 ( the effective | ||||||
24 | date of Public Act 102-662) this amendatory Act of the | ||||||
25 | 102nd General Assembly . A combined electric and gas public | ||||||
26 | utility serving fewer than 500,000 retail customers shall |
| |||||||
| |||||||
1 | contribute $20,000 to the Consumer Intervenor Compensation | ||||||
2 | Fund within 60 days after September 15, 2021 ( the | ||||||
3 | effective date of Public Act 102-662) this amendatory Act | ||||||
4 | of the 102nd General Assembly . A water or sewer public | ||||||
5 | utility serving more than 100,000 retail customers shall | ||||||
6 | contribute $80,000, and a water or sewer public utility | ||||||
7 | serving fewer than 100,000 but more than 10,000 retail | ||||||
8 | customers shall contribute $20,000. | ||||||
9 | (6)(A) Prior to the entry of a Final Order in a | ||||||
10 | docketed case, the Commission Administrator shall provide | ||||||
11 | a payment to a consumer interest representative that | ||||||
12 | demonstrates through a verified application for funding | ||||||
13 | that the consumer interest representative's participation | ||||||
14 | or intervention without an award of fees or costs imposes | ||||||
15 | a significant financial hardship based on a schedule to be | ||||||
16 | developed by the Commission. The Administrator may require | ||||||
17 | verification of costs incurred, including statements of | ||||||
18 | hours spent, as a condition to paying the consumer | ||||||
19 | interest representative prior to the entry of a Final | ||||||
20 | Order in a docketed case. | ||||||
21 | (B) If the Commission adopts a material recommendation | ||||||
22 | related to a significant issue in the docket and | ||||||
23 | participation caused a financial hardship to the | ||||||
24 | participant, then the consumer interest representative | ||||||
25 | shall be allowed payment for some or all of the consumer | ||||||
26 | interest representative's reasonable attorney's or |
| |||||||
| |||||||
1 | advocate's fees, reasonable expert witness fees, and other | ||||||
2 | reasonable costs of preparation for and participation in a | ||||||
3 | hearing or proceeding. Expenses related to travel or meals | ||||||
4 | shall not be compensable. | ||||||
5 | (C) The consumer interest representative shall submit | ||||||
6 | an itemized request for compensation to the Consumer | ||||||
7 | Intervenor Compensation Fund, including the advocate's or | ||||||
8 | attorney's reasonable fee rate, the number of hours | ||||||
9 | expended, reasonable expert and expert witness fees, and | ||||||
10 | other reasonable costs for the preparation for and | ||||||
11 | participation in the hearing and briefing within 30 days | ||||||
12 | of the Commission's final order after denial or decision | ||||||
13 | on rehearing, if any. | ||||||
14 | (7) Administration of the Fund. | ||||||
15 | (A) The Consumer Intervenor Compensation Fund is | ||||||
16 | created as a special fund in the State treasury. All | ||||||
17 | disbursements from the Consumer Intervenor Compensation | ||||||
18 | Fund shall be made only upon warrants of the Comptroller | ||||||
19 | drawn upon the Treasurer as custodian of the Fund upon | ||||||
20 | vouchers signed by the Executive Director of the | ||||||
21 | Commission or by the person or persons designated by the | ||||||
22 | Director for that purpose. The Comptroller is authorized | ||||||
23 | to draw the warrant upon vouchers so signed. The Treasurer | ||||||
24 | shall accept all warrants so signed and shall be released | ||||||
25 | from liability for all payments made on those warrants. | ||||||
26 | The Consumer Intervenor Compensation Fund shall be |
| |||||||
| |||||||
1 | administered by an Administrator that is a person or | ||||||
2 | entity that is independent of the Commission. The | ||||||
3 | administrator will be responsible for the prudent | ||||||
4 | management of the Consumer Intervenor Compensation Fund | ||||||
5 | and for recommendations for the award of consumer | ||||||
6 | intervenor compensation from the Consumer Intervenor | ||||||
7 | Compensation Fund. The Commission shall issue a request | ||||||
8 | for qualifications for a third-party program administrator | ||||||
9 | to administer the Consumer Intervenor Compensation Fund. | ||||||
10 | The third-party administrator shall be chosen through a | ||||||
11 | competitive bid process based on selection criteria and | ||||||
12 | requirements developed by the Commission. The Illinois | ||||||
13 | Procurement Code does not apply to the hiring or payment | ||||||
14 | of the Administrator. All Administrator costs may be paid | ||||||
15 | for using monies from the Consumer Intervenor Compensation | ||||||
16 | Fund, but the Program Administrator shall strive to | ||||||
17 | minimize costs in the implementation of the program. | ||||||
18 | (B) The computation of compensation awarded from the | ||||||
19 | fund shall take into consideration the market rates paid | ||||||
20 | to persons of comparable training and experience who offer | ||||||
21 | similar services, but may not exceed the comparable market | ||||||
22 | rate for services paid by the public utility as part of its | ||||||
23 | rate case expense. | ||||||
24 | (C)(1) Recommendations on the award of compensation by | ||||||
25 | the administrator shall include consideration of whether | ||||||
26 | the Commission adopted a material recommendation related |
| |||||||
| |||||||
1 | to a significant issue in the docket and whether | ||||||
2 | participation caused a financial hardship to the | ||||||
3 | participant and the payment of compensation is fair, just | ||||||
4 | and reasonable. | ||||||
5 | (2) Recommendations on the award of compensation by | ||||||
6 | the administrator shall be submitted to the Commission for | ||||||
7 | approval. Unless the Commission initiates an investigation | ||||||
8 | within 45 days after the notice to the Commission, the | ||||||
9 | award of compensation shall be allowed 45 days after | ||||||
10 | notice to the Commission. Such notice shall be given by | ||||||
11 | filing with the Commission on the Commission's e-docket | ||||||
12 | system, and keeping open for public inspection the award | ||||||
13 | for compensation proposed by the Administrator. The | ||||||
14 | Commission shall have power, and it is hereby given | ||||||
15 | authority, either upon complaint or upon its own | ||||||
16 | initiative without complaint, at once, and if it so | ||||||
17 | orders, without answer or other formal pleadings, but upon | ||||||
18 | reasonable notice, to enter upon a hearing concerning the | ||||||
19 | propriety of the award. | ||||||
20 | (c) The Commission may adopt rules to implement this | ||||||
21 | Section. | ||||||
22 | (Source: P.A. 102-662, eff. 9-15-21; revised 1-20-24.)
| ||||||
23 | Section 380. The Child Care Act of 1969 is amended by | ||||||
24 | changing Sections 5.1, 7.2, and 18 as follows:
|
| |||||||
| |||||||
1 | (225 ILCS 10/5.1) (from Ch. 23, par. 2215.1) | ||||||
2 | Sec. 5.1. (a) The Department shall ensure that no day care | ||||||
3 | center, group home , or child care institution as defined in | ||||||
4 | this Act shall on a regular basis transport a child or children | ||||||
5 | with any motor vehicle unless such vehicle is operated by a | ||||||
6 | person who complies with the following requirements: | ||||||
7 | 1. is 21 years of age or older; | ||||||
8 | 2. currently holds a valid driver's license, which has | ||||||
9 | not been revoked or suspended for one or more traffic | ||||||
10 | violations during the 3 years immediately prior to the | ||||||
11 | date of application; | ||||||
12 | 3. demonstrates physical fitness to operate vehicles | ||||||
13 | by submitting the results of a medical examination | ||||||
14 | conducted by a licensed physician; | ||||||
15 | 4. has not been convicted of more than 2 offenses | ||||||
16 | against traffic regulations governing the movement of | ||||||
17 | vehicles within a 12-month twelve month period; | ||||||
18 | 5. has not been convicted of reckless driving or | ||||||
19 | driving under the influence or manslaughter or reckless | ||||||
20 | homicide resulting from the operation of a motor vehicle | ||||||
21 | within the past 3 years; | ||||||
22 | 6. has signed and submitted a written statement | ||||||
23 | certifying that the person has not, through the unlawful | ||||||
24 | operation of a motor vehicle, caused a crash which | ||||||
25 | resulted in the death of any person within the 5 years | ||||||
26 | immediately prior to the date of application. |
| |||||||
| |||||||
1 | However, such day care centers, group homes , and child | ||||||
2 | care institutions may provide for transportation of a child or | ||||||
3 | children for special outings, functions , or purposes that are | ||||||
4 | not scheduled on a regular basis without verification that | ||||||
5 | drivers for such purposes meet the requirements of this | ||||||
6 | Section. | ||||||
7 | (a-5) As a means of ensuring compliance with the | ||||||
8 | requirements set forth in subsection (a), the Department shall | ||||||
9 | implement appropriate measures to verify that every individual | ||||||
10 | who is employed at a group home or child care institution meets | ||||||
11 | those requirements. | ||||||
12 | For every person employed at a group home or child care | ||||||
13 | institution who regularly transports children in the course of | ||||||
14 | performing the person's duties, the Department must make the | ||||||
15 | verification every 2 years. Upon the Department's request, the | ||||||
16 | Secretary of State shall provide the Department with the | ||||||
17 | information necessary to enable the Department to make the | ||||||
18 | verifications required under subsection (a). | ||||||
19 | In the case of an individual employed at a group home or | ||||||
20 | child care institution who becomes subject to subsection (a) | ||||||
21 | for the first time after January 1, 2007 ( the effective date of | ||||||
22 | Public Act 94-943) this amendatory Act of the 94th General | ||||||
23 | Assembly , the Department must make that verification with the | ||||||
24 | Secretary of State before the individual operates a motor | ||||||
25 | vehicle to transport a child or children under the | ||||||
26 | circumstances described in subsection (a). |
| |||||||
| |||||||
1 | In the case of an individual employed at a group home or | ||||||
2 | child care institution who is subject to subsection (a) on | ||||||
3 | January 1, 2007 ( the effective date of Public Act 94-943) this | ||||||
4 | amendatory Act of the 94th General Assembly , the Department | ||||||
5 | must make that verification with the Secretary of State within | ||||||
6 | 30 days after January 1, 2007 that effective date . | ||||||
7 | If the Department discovers that an individual fails to | ||||||
8 | meet the requirements set forth in subsection (a), the | ||||||
9 | Department shall promptly notify the appropriate group home or | ||||||
10 | child care institution. | ||||||
11 | (b) Any individual who holds a valid Illinois school bus | ||||||
12 | driver permit issued by the Secretary of State pursuant to the | ||||||
13 | The Illinois Vehicle Code, and who is currently employed by a | ||||||
14 | school district or parochial school, or by a contractor with a | ||||||
15 | school district or parochial school, to drive a school bus | ||||||
16 | transporting children to and from school, shall be deemed in | ||||||
17 | compliance with the requirements of subsection (a). | ||||||
18 | (c) The Department may, pursuant to Section 8 of this Act, | ||||||
19 | revoke the license of any day care center, group home , or child | ||||||
20 | care institution that fails to meet the requirements of this | ||||||
21 | Section. | ||||||
22 | (d) A group home or child care institution that fails to | ||||||
23 | meet the requirements of this Section is guilty of a petty | ||||||
24 | offense and is subject to a fine of not more than $1,000. Each | ||||||
25 | day that a group home or child care institution fails to meet | ||||||
26 | the requirements of this Section is a separate offense. |
| |||||||
| |||||||
1 | (Source: P.A. 102-982, eff. 7-1-23; 103-22, eff. 8-8-23; | ||||||
2 | revised 9-21-23.)
| ||||||
3 | (225 ILCS 10/7.2) (from Ch. 23, par. 2217.2) | ||||||
4 | Sec. 7.2. Employer discrimination. | ||||||
5 | (a) For purposes of this Section : , | ||||||
6 | "Employer" "employer" means a licensee or holder of a | ||||||
7 | permit subject to this Act. | ||||||
8 | "Employee" means an employee of such an employer. | ||||||
9 | (b) No employer shall discharge, demote , or suspend, or | ||||||
10 | threaten to discharge, demote , or suspend, or in any manner | ||||||
11 | discriminate against any employee who: | ||||||
12 | (1) Makes any good faith oral or written complaint of | ||||||
13 | any employer's violation of any licensing or other laws | ||||||
14 | (including , but not limited to , laws concerning child | ||||||
15 | abuse or the transportation of children) which may result | ||||||
16 | in closure of the facility pursuant to Section 11.2 of | ||||||
17 | this Act to the Department or other agency having | ||||||
18 | statutory responsibility for the enforcement of such laws | ||||||
19 | or to the employer or representative of the employer; | ||||||
20 | (2) Institutes or causes to be instituted against any | ||||||
21 | employer any proceeding concerning the violation of any | ||||||
22 | licensing or other laws, including a proceeding to revoke | ||||||
23 | or to refuse to renew a license under Section 9 of this | ||||||
24 | Act; | ||||||
25 | (3) Is or will be a witness or testify in any |
| |||||||
| |||||||
1 | proceeding concerning the violation of any licensing or | ||||||
2 | other laws, including a proceeding to revoke or to refuse | ||||||
3 | to renew a license under Section 9 of this Act; or | ||||||
4 | (4) Refuses to perform work in violation of a | ||||||
5 | licensing or other law or regulation after notifying the | ||||||
6 | employer of the violation. | ||||||
7 | (c)(1) A claim by an employee alleging an employer's | ||||||
8 | violation of subsection (b) of this Section shall be presented | ||||||
9 | to the employer within 30 days after the date of the action | ||||||
10 | complained of and shall be filed with the Department of Labor | ||||||
11 | within 60 days after the date of the action complained of. | ||||||
12 | (2) Upon receipt of the complaint, the Department of Labor | ||||||
13 | shall conduct whatever investigation it deems appropriate, and | ||||||
14 | may hold a hearing. After investigation or hearing, the | ||||||
15 | Department of Labor shall determine whether the employer has | ||||||
16 | violated subsection (b) of this Section and it shall notify | ||||||
17 | the employer and the employee of its determination. | ||||||
18 | (3) If the Department of Labor determines that the | ||||||
19 | employer has violated subsection (b) of this Section, and the | ||||||
20 | employer refuses to take remedial action to comply with the | ||||||
21 | determination, the Department of Labor shall so notify the | ||||||
22 | Attorney General, who shall bring an action against the | ||||||
23 | employer in the circuit court seeking enforcement of its | ||||||
24 | determination. The court may order any appropriate relief, | ||||||
25 | including rehiring and reinstatement of the employee to the | ||||||
26 | person's former position with backpay and other benefits. |
| |||||||
| |||||||
1 | (d) Except for any grievance procedure, arbitration , or | ||||||
2 | hearing which is available to the employee pursuant to a | ||||||
3 | collective bargaining agreement, this Section shall be the | ||||||
4 | exclusive remedy for an employee complaining of any action | ||||||
5 | described in subsection (b). | ||||||
6 | (e) Any employer who willfully refuses to rehire, promote , | ||||||
7 | or otherwise restore an employee or former employee who has | ||||||
8 | been determined eligible for rehiring or promotion as a result | ||||||
9 | of any grievance procedure, arbitration , or hearing authorized | ||||||
10 | by law shall be guilty of a Class A misdemeanor. | ||||||
11 | (Source: P.A. 103-22, eff. 8-8-23; revised 9-21-23.)
| ||||||
12 | (225 ILCS 10/18) (from Ch. 23, par. 2228) | ||||||
13 | Sec. 18. Any person, group of persons, association , or | ||||||
14 | corporation who : | ||||||
15 | (1) conducts, operates , or acts as a child care facility | ||||||
16 | without a license or permit to do so in violation of Section 3 | ||||||
17 | of this Act; | ||||||
18 | (2) makes materially false statements in order to obtain a | ||||||
19 | license or permit; | ||||||
20 | (3) fails to keep the records and make the reports | ||||||
21 | provided under this Act; | ||||||
22 | (4) advertises any service not authorized by license or | ||||||
23 | permit held; | ||||||
24 | (5) publishes any advertisement in violation of this Act; | ||||||
25 | (6) receives within this State any child in violation of |
| |||||||
| |||||||
1 | Section 16 of this Act; or | ||||||
2 | (7) violates any other provision of this Act or any | ||||||
3 | reasonable rule or regulation adopted and published by the | ||||||
4 | Department for the enforcement of the provisions of this Act, | ||||||
5 | is guilty of a Class A misdemeanor and in case of an | ||||||
6 | association or corporation, imprisonment may be imposed upon | ||||||
7 | its officers who knowingly participated in the violation. | ||||||
8 | Any child care facility that continues to operate after | ||||||
9 | its license is revoked under Section 8 of this Act or after its | ||||||
10 | license expires and the Department refused to renew the | ||||||
11 | license as provided in Section 8 of this Act is guilty of a | ||||||
12 | business offense and shall be fined an amount in excess of $500 | ||||||
13 | but not exceeding $10,000, and each day of violation is a | ||||||
14 | separate offense. | ||||||
15 | In a prosecution under this Act, a defendant who relies | ||||||
16 | upon the relationship of any child to the defendant has the | ||||||
17 | burden of proof as to that relationship. | ||||||
18 | (Source: P.A. 103-22, eff. 8-8-23; revised 9-21-23.)
| ||||||
19 | Section 385. The Illinois Dental Practice Act is amended | ||||||
20 | by changing Sections 4 and 17 as follows:
| ||||||
21 | (225 ILCS 25/4) | ||||||
22 | (Section scheduled to be repealed on January 1, 2026) | ||||||
23 | Sec. 4. Definitions. As used in this Act: | ||||||
24 | "Address of record" means the designated address recorded |
| |||||||
| |||||||
1 | by the Department in the applicant's or licensee's application | ||||||
2 | file or license file as maintained by the Department's | ||||||
3 | licensure maintenance unit. It is the duty of the applicant or | ||||||
4 | licensee to inform the Department of any change of address and | ||||||
5 | those changes must be made either through the Department's | ||||||
6 | website or by contacting the Department. | ||||||
7 | "Department" means the Department of Financial and | ||||||
8 | Professional Regulation. | ||||||
9 | "Secretary" means the Secretary of Financial and | ||||||
10 | Professional Regulation. | ||||||
11 | "Board" means the Board of Dentistry. | ||||||
12 | "Dentist" means a person who has received a general | ||||||
13 | license pursuant to paragraph (a) of Section 11 of this Act and | ||||||
14 | who may perform any intraoral and extraoral procedure required | ||||||
15 | in the practice of dentistry and to whom is reserved the | ||||||
16 | responsibilities specified in Section 17. | ||||||
17 | "Dental hygienist" means a person who holds a license | ||||||
18 | under this Act to perform dental services as authorized by | ||||||
19 | Section 18. | ||||||
20 | "Dental assistant" means an appropriately trained person | ||||||
21 | who, under the supervision of a dentist, provides dental | ||||||
22 | services as authorized by Section 17. | ||||||
23 | "Expanded function dental assistant" means a dental | ||||||
24 | assistant who has completed the training required by Section | ||||||
25 | 17.1 of this Act. | ||||||
26 | "Dental laboratory" means a person, firm, or corporation |
| |||||||
| |||||||
1 | which: | ||||||
2 | (i) engages in making, providing, repairing, or | ||||||
3 | altering dental prosthetic appliances and other artificial | ||||||
4 | materials and devices which are returned to a dentist for | ||||||
5 | insertion into the human oral cavity or which come in | ||||||
6 | contact with its adjacent structures and tissues; and | ||||||
7 | (ii) utilizes or employs a dental technician to | ||||||
8 | provide such services; and | ||||||
9 | (iii) performs such functions only for a dentist or | ||||||
10 | dentists. | ||||||
11 | "Supervision" means supervision of a dental hygienist or a | ||||||
12 | dental assistant requiring that a dentist authorize the | ||||||
13 | procedure, remain in the dental facility while the procedure | ||||||
14 | is performed, and approve the work performed by the dental | ||||||
15 | hygienist or dental assistant before dismissal of the patient, | ||||||
16 | but does not mean that the dentist must be present at all times | ||||||
17 | in the treatment room. | ||||||
18 | "General supervision" means supervision of a dental | ||||||
19 | hygienist requiring that the patient be a patient of record, | ||||||
20 | that the dentist examine the patient in accordance with | ||||||
21 | Section 18 prior to treatment by the dental hygienist, and | ||||||
22 | that the dentist authorize the procedures which are being | ||||||
23 | carried out by a notation in the patient's record, but not | ||||||
24 | requiring that a dentist be present when the authorized | ||||||
25 | procedures are being performed. The issuance of a prescription | ||||||
26 | to a dental laboratory by a dentist does not constitute |
| |||||||
| |||||||
1 | general supervision. | ||||||
2 | "Public member" means a person who is not a health | ||||||
3 | professional. For purposes of board membership, any person | ||||||
4 | with a significant financial interest in a health service or | ||||||
5 | profession is not a public member. | ||||||
6 | "Dentistry" means the healing art which is concerned with | ||||||
7 | the examination, diagnosis, treatment planning, and care of | ||||||
8 | conditions within the human oral cavity and its adjacent | ||||||
9 | tissues and structures, as further specified in Section 17. | ||||||
10 | "Branches of dentistry" means the various specialties of | ||||||
11 | dentistry which, for purposes of this Act, shall be limited to | ||||||
12 | the following: endodontics, oral and maxillofacial surgery, | ||||||
13 | orthodontics and dentofacial orthopedics, pediatric dentistry, | ||||||
14 | periodontics, prosthodontics, oral and maxillofacial | ||||||
15 | radiology, and dental anesthesiology. | ||||||
16 | "Specialist" means a dentist who has received a specialty | ||||||
17 | license pursuant to Section 11(b). | ||||||
18 | "Dental technician" means a person who owns, operates, or | ||||||
19 | is employed by a dental laboratory and engages in making, | ||||||
20 | providing, repairing, or altering dental prosthetic appliances | ||||||
21 | and other artificial materials and devices which are returned | ||||||
22 | to a dentist for insertion into the human oral cavity or which | ||||||
23 | come in contact with its adjacent structures and tissues. | ||||||
24 | "Impaired dentist" or "impaired dental hygienist" means a | ||||||
25 | dentist or dental hygienist who is unable to practice with | ||||||
26 | reasonable skill and safety because of a physical or mental |
| |||||||
| |||||||
1 | disability as evidenced by a written determination or written | ||||||
2 | consent based on clinical evidence, including deterioration | ||||||
3 | through the aging process, loss of motor skills, abuse of | ||||||
4 | drugs or alcohol, or a psychiatric disorder, of sufficient | ||||||
5 | degree to diminish the person's ability to deliver competent | ||||||
6 | patient care. | ||||||
7 | "Nurse" means a registered professional nurse, a certified | ||||||
8 | registered nurse anesthetist licensed as an advanced practice | ||||||
9 | registered nurse, or a licensed practical nurse licensed under | ||||||
10 | the Nurse Practice Act. | ||||||
11 | "Patient of record" means a patient for whom the patient's | ||||||
12 | most recent dentist has obtained a relevant medical and dental | ||||||
13 | history and on whom the dentist has performed an examination | ||||||
14 | and evaluated the condition to be treated. | ||||||
15 | "Dental responder" means a dentist or dental hygienist who | ||||||
16 | is appropriately certified in disaster preparedness, | ||||||
17 | immunizations, and dental humanitarian medical response | ||||||
18 | consistent with the Society of Disaster Medicine and Public | ||||||
19 | Health and training certified by the National Incident | ||||||
20 | Management System or the National Disaster Life Support | ||||||
21 | Foundation. | ||||||
22 | "Mobile dental van or portable dental unit" means any | ||||||
23 | self-contained or portable dental unit in which dentistry is | ||||||
24 | practiced that can be moved, towed, or transported from one | ||||||
25 | location to another in order to establish a location where | ||||||
26 | dental services can be provided. |
| |||||||
| |||||||
1 | "Public health dental hygienist" means a hygienist who | ||||||
2 | holds a valid license to practice in the State, has 2 years of | ||||||
3 | full-time clinical experience or an equivalent of 4,000 hours | ||||||
4 | of clinical experience, and has completed at least 42 clock | ||||||
5 | hours of additional structured courses in dental education in | ||||||
6 | advanced areas specific to public health dentistry. | ||||||
7 | "Public health setting" means a federally qualified health | ||||||
8 | center; a federal, State, or local public health facility; | ||||||
9 | Head Start; a special supplemental nutrition program for | ||||||
10 | Women, Infants, and Children (WIC) facility; a certified | ||||||
11 | school-based health center or school-based oral health | ||||||
12 | program; a prison; or a long-term care facility. | ||||||
13 | "Public health supervision" means the supervision of a | ||||||
14 | public health dental hygienist by a licensed dentist who has a | ||||||
15 | written public health supervision agreement with that public | ||||||
16 | health dental hygienist while working in an approved facility | ||||||
17 | or program that allows the public health dental hygienist to | ||||||
18 | treat patients, without a dentist first examining the patient | ||||||
19 | and being present in the facility during treatment, (1) who | ||||||
20 | are eligible for Medicaid or (2) who are uninsured or whose | ||||||
21 | household income is not greater than 300% of the federal | ||||||
22 | poverty level. | ||||||
23 | "Teledentistry" means the use of telehealth systems and | ||||||
24 | methodologies in dentistry and includes patient care and | ||||||
25 | education delivery using synchronous and asynchronous | ||||||
26 | communications under a dentist's authority as provided under |
| |||||||
| |||||||
1 | this Act. | ||||||
2 | (Source: P.A. 102-93, eff. 1-1-22; 102-588, eff. 8-20-21; | ||||||
3 | 102-936, eff. 1-1-23; 103-425, eff. 1-1-24; 103-431, eff. | ||||||
4 | 1-1-24; revised 12-15-23.)
| ||||||
5 | (225 ILCS 25/17) | ||||||
6 | (Section scheduled to be repealed on January 1, 2026) | ||||||
7 | Sec. 17. Acts constituting the practice of dentistry. A | ||||||
8 | person practices dentistry, within the meaning of this Act: | ||||||
9 | (1) Who represents himself or herself as being able to | ||||||
10 | diagnose or diagnoses, treats, prescribes, or operates for | ||||||
11 | any disease, pain, deformity, deficiency, injury, or | ||||||
12 | physical condition of the human tooth, teeth, alveolar | ||||||
13 | process, gums, or jaw; or | ||||||
14 | (2) Who is a manager, proprietor, operator, or | ||||||
15 | conductor of a business where dental operations are | ||||||
16 | performed; or | ||||||
17 | (3) Who performs dental operations of any kind; or | ||||||
18 | (4) Who uses an X-Ray machine or X-Ray films for | ||||||
19 | dental diagnostic purposes; or | ||||||
20 | (5) Who extracts a human tooth or teeth, or corrects | ||||||
21 | or attempts to correct malpositions of the human teeth or | ||||||
22 | jaws; or | ||||||
23 | (6) Who offers or undertakes, by any means or method, | ||||||
24 | to diagnose, treat, or remove stains, calculus, and | ||||||
25 | bonding materials from human teeth or jaws; or |
| |||||||
| |||||||
1 | (7) Who uses or administers local or general | ||||||
2 | anesthetics in the treatment of dental or oral diseases or | ||||||
3 | in any preparation incident to a dental operation of any | ||||||
4 | kind or character; or | ||||||
5 | (8) Who takes material or digital scans for final | ||||||
6 | impressions of the human tooth, teeth, or jaws or performs | ||||||
7 | any phase of any operation incident to the replacement of | ||||||
8 | a part of a tooth, a tooth, teeth, or associated tissues by | ||||||
9 | means of a filling, a crown, a bridge, a denture, or other | ||||||
10 | appliance; or | ||||||
11 | (9) Who offers to furnish, supply, construct, | ||||||
12 | reproduce, or repair, or who furnishes, supplies, | ||||||
13 | constructs, reproduces, or repairs, prosthetic dentures, | ||||||
14 | bridges, or other substitutes for natural teeth , to the | ||||||
15 | user or prospective user thereof; or | ||||||
16 | (10) Who instructs students on clinical matters or | ||||||
17 | performs any clinical operation included in the curricula | ||||||
18 | of recognized dental schools and colleges; or | ||||||
19 | (11) Who takes material or digital scans for final | ||||||
20 | impressions of human teeth or places his or her hands in | ||||||
21 | the mouth of any person for the purpose of applying teeth | ||||||
22 | whitening materials, or who takes impressions of human | ||||||
23 | teeth or places his or her hands in the mouth of any person | ||||||
24 | for the purpose of assisting in the application of teeth | ||||||
25 | whitening materials. A person does not practice dentistry | ||||||
26 | when he or she discloses to the consumer that he or she is |
| |||||||
| |||||||
1 | not licensed as a dentist under this Act and (i) discusses | ||||||
2 | the use of teeth whitening materials with a consumer | ||||||
3 | purchasing these materials; (ii) provides instruction on | ||||||
4 | the use of teeth whitening materials with a consumer | ||||||
5 | purchasing these materials; or (iii) provides appropriate | ||||||
6 | equipment on-site to the consumer for the consumer to | ||||||
7 | self-apply teeth whitening materials. | ||||||
8 | The fact that any person engages in or performs, or offers | ||||||
9 | to engage in or perform, any of the practices, acts, or | ||||||
10 | operations set forth in this Section, shall be prima facie | ||||||
11 | evidence that such person is engaged in the practice of | ||||||
12 | dentistry. | ||||||
13 | The following practices, acts, and operations, however, | ||||||
14 | are exempt from the operation of this Act: | ||||||
15 | (a) The rendering of dental relief in emergency cases | ||||||
16 | in the practice of his or her profession by a physician or | ||||||
17 | surgeon, licensed as such under the laws of this State, | ||||||
18 | unless he or she undertakes to reproduce or reproduces | ||||||
19 | lost parts of the human teeth in the mouth or to restore or | ||||||
20 | replace lost or missing teeth in the mouth; or | ||||||
21 | (b) The practice of dentistry in the discharge of | ||||||
22 | their official duties by dentists in any branch of the | ||||||
23 | Armed Services of the United States, the United States | ||||||
24 | Public Health Service, or the United States Veterans | ||||||
25 | Administration; or | ||||||
26 | (c) The practice of dentistry by students in their |
| |||||||
| |||||||
1 | course of study in dental schools or colleges approved by | ||||||
2 | the Department, when acting under the direction and | ||||||
3 | supervision of dentists acting as instructors; or | ||||||
4 | (d) The practice of dentistry by clinical instructors | ||||||
5 | in the course of their teaching duties in dental schools | ||||||
6 | or colleges approved by the Department: | ||||||
7 | (i) when acting under the direction and | ||||||
8 | supervision of dentists, provided that such clinical | ||||||
9 | instructors have instructed continuously in this State | ||||||
10 | since January 1, 1986; or | ||||||
11 | (ii) when holding the rank of full professor at | ||||||
12 | such approved dental school or college and possessing | ||||||
13 | a current valid license or authorization to practice | ||||||
14 | dentistry in another country; or | ||||||
15 | (e) The practice of dentistry by licensed dentists of | ||||||
16 | other states or countries at meetings of the Illinois | ||||||
17 | State Dental Society or component parts thereof, alumni | ||||||
18 | meetings of dental colleges, or any other like dental | ||||||
19 | organizations, while appearing as clinicians; or | ||||||
20 | (f) The use of X-Ray machines for exposing X-Ray films | ||||||
21 | of dental or oral tissues by dental hygienists or dental | ||||||
22 | assistants; or | ||||||
23 | (g) The performance of any dental service by a dental | ||||||
24 | assistant, if such service is performed under the | ||||||
25 | supervision and full responsibility of a dentist. In | ||||||
26 | addition, after being authorized by a dentist, a dental |
| |||||||
| |||||||
1 | assistant may, for the purpose of eliminating pain or | ||||||
2 | discomfort, remove loose, broken, or irritating | ||||||
3 | orthodontic appliances on a patient of record. | ||||||
4 | For purposes of this paragraph (g), "dental service" | ||||||
5 | is defined to mean any intraoral procedure or act which | ||||||
6 | shall be prescribed by rule or regulation of the | ||||||
7 | Department. "Dental service", however, shall not include: | ||||||
8 | (1) Any and all diagnosis of or prescription for | ||||||
9 | treatment of disease, pain, deformity, deficiency, | ||||||
10 | injury, or physical condition of the human teeth or | ||||||
11 | jaws, or adjacent structures. | ||||||
12 | (2) Removal of, restoration of, or addition to the | ||||||
13 | hard or soft tissues of the oral cavity, except for the | ||||||
14 | placing, carving, and finishing of amalgam | ||||||
15 | restorations and placing, packing, and finishing | ||||||
16 | composite restorations by dental assistants who have | ||||||
17 | had additional formal education and certification. | ||||||
18 | A dental assistant may place, carve, and finish | ||||||
19 | amalgam restorations, place, pack, and finish | ||||||
20 | composite restorations, and place interim restorations | ||||||
21 | if he or she (A) has successfully completed a | ||||||
22 | structured training program as described in item (2) | ||||||
23 | of subsection (g) provided by an educational | ||||||
24 | institution accredited by the Commission on Dental | ||||||
25 | Accreditation, such as a dental school or dental | ||||||
26 | hygiene or dental assistant program, or (B) has at |
| |||||||
| |||||||
1 | least 4,000 hours of direct clinical patient care | ||||||
2 | experience and has successfully completed a structured | ||||||
3 | training program as described in item (2) of | ||||||
4 | subsection (g) provided by a statewide dental | ||||||
5 | association, approved by the Department to provide | ||||||
6 | continuing education, that has developed and conducted | ||||||
7 | training programs for expanded functions for dental | ||||||
8 | assistants or hygienists. The training program must: | ||||||
9 | (i) include a minimum of 16 hours of didactic study and | ||||||
10 | 14 hours of clinical manikin instruction; all training | ||||||
11 | programs shall include areas of study in nomenclature, | ||||||
12 | caries classifications, oral anatomy, periodontium, | ||||||
13 | basic occlusion, instrumentations, pulp protection | ||||||
14 | liners and bases, dental materials, matrix and wedge | ||||||
15 | techniques, amalgam placement and carving, rubber dam | ||||||
16 | clamp placement, and rubber dam placement and removal; | ||||||
17 | (ii) include an outcome assessment examination that | ||||||
18 | demonstrates competency; (iii) require the supervising | ||||||
19 | dentist to observe and approve the completion of 8 | ||||||
20 | amalgam or composite restorations; and (iv) issue a | ||||||
21 | certificate of completion of the training program, | ||||||
22 | which must be kept on file at the dental office and be | ||||||
23 | made available to the Department upon request. A | ||||||
24 | dental assistant must have successfully completed an | ||||||
25 | approved coronal polishing and dental sealant course | ||||||
26 | prior to taking the amalgam and composite restoration |
| |||||||
| |||||||
1 | course. | ||||||
2 | A dentist utilizing dental assistants shall not | ||||||
3 | supervise more than 4 dental assistants at any one | ||||||
4 | time for placing, carving, and finishing of amalgam | ||||||
5 | restorations or for placing, packing, and finishing | ||||||
6 | composite restorations. | ||||||
7 | (3) Any and all correction of malformation of | ||||||
8 | teeth or of the jaws. | ||||||
9 | (4) Administration of anesthetics, except for | ||||||
10 | monitoring of nitrous oxide, conscious sedation, deep | ||||||
11 | sedation, and general anesthetic as provided in | ||||||
12 | Section 8.1 of this Act, that may be performed only | ||||||
13 | after successful completion of a training program | ||||||
14 | approved by the Department. A dentist utilizing dental | ||||||
15 | assistants shall not supervise more than 4 dental | ||||||
16 | assistants at any one time for the monitoring of | ||||||
17 | nitrous oxide. | ||||||
18 | (5) Removal of calculus from human teeth. | ||||||
19 | (6) Taking of material or digital scans for final | ||||||
20 | impressions for the fabrication of prosthetic | ||||||
21 | appliances, crowns, bridges, inlays, onlays, or other | ||||||
22 | restorative or replacement dentistry. | ||||||
23 | (7) The operative procedure of dental hygiene | ||||||
24 | consisting of oral prophylactic procedures, except for | ||||||
25 | coronal polishing and pit and fissure sealants, which | ||||||
26 | may be performed by a dental assistant who has |
| |||||||
| |||||||
1 | successfully completed a training program approved by | ||||||
2 | the Department. Dental assistants may perform coronal | ||||||
3 | polishing under the following circumstances: (i) the | ||||||
4 | coronal polishing shall be limited to polishing the | ||||||
5 | clinical crown of the tooth and existing restorations, | ||||||
6 | supragingivally; (ii) the dental assistant performing | ||||||
7 | the coronal polishing shall be limited to the use of | ||||||
8 | rotary instruments using a rubber cup or brush | ||||||
9 | polishing method (air polishing is not permitted); and | ||||||
10 | (iii) the supervising dentist shall not supervise more | ||||||
11 | than 4 dental assistants at any one time for the task | ||||||
12 | of coronal polishing or pit and fissure sealants. | ||||||
13 | In addition to coronal polishing and pit and | ||||||
14 | fissure sealants as described in this item (7), a | ||||||
15 | dental assistant who has at least 2,000 hours of | ||||||
16 | direct clinical patient care experience and who has | ||||||
17 | successfully completed a structured training program | ||||||
18 | provided by (1) an educational institution including, | ||||||
19 | but not limited to, a dental school or dental hygiene | ||||||
20 | or dental assistant program, (2) a continuing | ||||||
21 | education provider approved by the Department, or (3) | ||||||
22 | a statewide dental or dental hygienist association | ||||||
23 | that has developed and conducted a training program | ||||||
24 | for expanded functions for dental assistants or | ||||||
25 | hygienists may perform: (A) coronal scaling above the | ||||||
26 | gum line, supragingivally, on the clinical crown of |
| |||||||
| |||||||
1 | the tooth only on patients 17 years of age or younger | ||||||
2 | who have an absence of periodontal disease and who are | ||||||
3 | not medically compromised or individuals with special | ||||||
4 | needs and (B) intracoronal temporization of a tooth. | ||||||
5 | The training program must: (I) include a minimum of 32 | ||||||
6 | hours of instruction in both didactic and clinical | ||||||
7 | manikin or human subject instruction; all training | ||||||
8 | programs shall include areas of study in dental | ||||||
9 | anatomy, public health dentistry, medical history, | ||||||
10 | dental emergencies, and managing the pediatric | ||||||
11 | patient; (II) include an outcome assessment | ||||||
12 | examination that demonstrates competency; (III) | ||||||
13 | require the supervising dentist to observe and approve | ||||||
14 | the completion of 6 full mouth supragingival scaling | ||||||
15 | procedures unless the training was received as part of | ||||||
16 | a Commission on Dental Accreditation approved dental | ||||||
17 | assistant program; and (IV) issue a certificate of | ||||||
18 | completion of the training program, which must be kept | ||||||
19 | on file at the dental office and be made available to | ||||||
20 | the Department upon request. A dental assistant must | ||||||
21 | have successfully completed an approved coronal | ||||||
22 | polishing course prior to taking the coronal scaling | ||||||
23 | course. A dental assistant performing these functions | ||||||
24 | shall be limited to the use of hand instruments only. | ||||||
25 | In addition, coronal scaling as described in this | ||||||
26 | paragraph shall only be utilized on patients who are |
| |||||||
| |||||||
1 | eligible for Medicaid, who are uninsured, or whose | ||||||
2 | household income is not greater than 300% of the | ||||||
3 | federal poverty level. A dentist may not supervise | ||||||
4 | more than 2 dental assistants at any one time for the | ||||||
5 | task of coronal scaling. This paragraph is inoperative | ||||||
6 | on and after January 1, 2026. | ||||||
7 | The limitations on the number of dental assistants a | ||||||
8 | dentist may supervise contained in items (2), (4), and (7) | ||||||
9 | of this paragraph (g) mean a limit of 4 total dental | ||||||
10 | assistants or dental hygienists doing expanded functions | ||||||
11 | covered by these Sections being supervised by one dentist; | ||||||
12 | or | ||||||
13 | (h) The practice of dentistry by an individual who: | ||||||
14 | (i) has applied in writing to the Department, in | ||||||
15 | form and substance satisfactory to the Department, for | ||||||
16 | a general dental license and has complied with all | ||||||
17 | provisions of Section 9 of this Act, except for the | ||||||
18 | passage of the examination specified in subsection (e) | ||||||
19 | of Section 9 of this Act; or | ||||||
20 | (ii) has applied in writing to the Department, in | ||||||
21 | form and substance satisfactory to the Department, for | ||||||
22 | a temporary dental license and has complied with all | ||||||
23 | provisions of subsection (c) of Section 11 of this | ||||||
24 | Act; and | ||||||
25 | (iii) has been accepted or appointed for specialty | ||||||
26 | or residency training by a hospital situated in this |
| |||||||
| |||||||
1 | State; or | ||||||
2 | (iv) has been accepted or appointed for specialty | ||||||
3 | training in an approved dental program situated in | ||||||
4 | this State; or | ||||||
5 | (v) has been accepted or appointed for specialty | ||||||
6 | training in a dental public health agency situated in | ||||||
7 | this State. | ||||||
8 | The applicant shall be permitted to practice dentistry | ||||||
9 | for a period of 3 months from the starting date of the | ||||||
10 | program, unless authorized in writing by the Department to | ||||||
11 | continue such practice for a period specified in writing | ||||||
12 | by the Department. | ||||||
13 | The applicant shall only be entitled to perform such | ||||||
14 | acts as may be prescribed by and incidental to his or her | ||||||
15 | program of residency or specialty training and shall not | ||||||
16 | otherwise engage in the practice of dentistry in this | ||||||
17 | State. | ||||||
18 | The authority to practice shall terminate immediately | ||||||
19 | upon: | ||||||
20 | (1) the decision of the Department that the | ||||||
21 | applicant has failed the examination; or | ||||||
22 | (2) denial of licensure by the Department; or | ||||||
23 | (3) withdrawal of the application. | ||||||
24 | (Source: P.A. 102-558, eff. 8-20-21; 102-936, eff. 1-1-23; | ||||||
25 | 103-425, eff. 1-1-24; 103-431, eff. 1-1-24; revised 12-15-23.)
|
| |||||||
| |||||||
1 | Section 390. The Health Care Worker Background Check Act | ||||||
2 | is amended by changing Section 25 as follows:
| ||||||
3 | (225 ILCS 46/25) | ||||||
4 | Sec. 25. Hiring of people with criminal records by health | ||||||
5 | care employers and long-term care facilities. | ||||||
6 | (a) A health care employer or long-term care facility may | ||||||
7 | hire, employ, or retain any individual in a position involving | ||||||
8 | direct care for clients, patients, or residents , or access to | ||||||
9 | the living quarters or the financial, medical, or personal | ||||||
10 | records of clients, patients, or residents who has been | ||||||
11 | convicted of committing or attempting to commit one or more of | ||||||
12 | the following offenses under the laws of this State, or of an | ||||||
13 | offense that is substantially equivalent to the following | ||||||
14 | offenses under the laws of any other state or of the laws of | ||||||
15 | the United States, as verified by court records, records from | ||||||
16 | a state agency, or a Federal Bureau of Investigation criminal | ||||||
17 | history records check, only with a waiver described in Section | ||||||
18 | 40: those defined in Sections 8-1(b), 8-1.1, 8-1.2, 9-1, | ||||||
19 | 9-1.2, 9-2, 9-2.1, 9-3, 9-3.1, 9-3.2, 9-3.3, 9-3.4, 10-1, | ||||||
20 | 10-2, 10-3, 10-3.1, 10-4, 10-5, 10-7, 11-1.20, 11-1.30, | ||||||
21 | 11-1.40, 11-1.50, 11-1.60, 11-6, 11-9.1, 11-9.2, 11-9.3, | ||||||
22 | 11-9.4-1, 11-9.5, 11-19.2, 11-20.1, 11-20.1B, 11-20.3, 12-1, | ||||||
23 | 12-2, 12-3.05, 12-3.1, 12-3.2, 12-3.3, 12-4, 12-4.1, 12-4.2, | ||||||
24 | 12-4.3, 12-4.4, 12-4.5, 12-4.6, 12-4.7, 12-7.4, 12-11, 12-13, | ||||||
25 | 12-14, 12-14.1, 12-15, 12-16, 12-19, 12-20.5, 12-21, 12-21.5, |
| |||||||
| |||||||
1 | 12-21.6, 12-32, 12-33, 12C-5, 12C-10, 16-1, 16-1.3, 16-25, | ||||||
2 | 16A-3, 17-3, 17-56, 18-1, 18-2, 18-3, 18-4, 18-5, 19-1, 19-3, | ||||||
3 | 19-4, 19-6, 20-1, 20-1.1, 24-1, 24-1.2, 24-1.5, 24-1.8, | ||||||
4 | 24-3.8, or 33A-2, or subdivision (a)(4) of Section 11-14.4, or | ||||||
5 | in subsection (a) of Section 12-3 or subsection (a) or (b) of | ||||||
6 | Section 12-4.4a, of the Criminal Code of 1961 or the Criminal | ||||||
7 | Code of 2012; those provided in Section 4 of the Wrongs to | ||||||
8 | Children Act; those provided in Section 53 of the Criminal | ||||||
9 | Jurisprudence Act; those defined in subsection (c), (d), (e), | ||||||
10 | (f), or (g) of Section 5 or Section 5.1, 5.2, 7, or 9 of the | ||||||
11 | Cannabis Control Act; those defined in the Methamphetamine | ||||||
12 | Control and Community Protection Act; those defined in | ||||||
13 | Sections 401, 401.1, 404, 405, 405.1, 407, or 407.1 of the | ||||||
14 | Illinois Controlled Substances Act; or subsection (a) of | ||||||
15 | Section 3.01, Section 3.02, or Section 3.03 of the Humane Care | ||||||
16 | for Animals Act. | ||||||
17 | (a-1) A health care employer or long-term care facility | ||||||
18 | may hire, employ, or retain any individual in a position | ||||||
19 | involving direct care for clients, patients, or residents , or | ||||||
20 | access to the living quarters or the financial, medical, or | ||||||
21 | personal records of clients, patients, or residents who has | ||||||
22 | been convicted of committing or attempting to commit one or | ||||||
23 | more of the following offenses under the laws of this State, or | ||||||
24 | of an offense that is substantially equivalent to the | ||||||
25 | following offenses under the laws of any other state or of the | ||||||
26 | laws of the United States, as verified by court records, |
| |||||||
| |||||||
1 | records from a state agency, or a Federal Bureau of | ||||||
2 | Investigation criminal history records check, only with a | ||||||
3 | waiver described in Section 40: those offenses defined in | ||||||
4 | Section 12-3.3, 12-4.2-5, 16-2, 16-30, 16G-15, 16G-20, 17-33, | ||||||
5 | 17-34, 17-36, 17-44, 18-5, 20-1.2, 24-1.1, 24-1.2-5, 24-1.6, | ||||||
6 | 24-3.2, or 24-3.3, or subsection (b) of Section 17-32, | ||||||
7 | subsection (b) of Section 18-1, or subsection (b) of Section | ||||||
8 | 20-1, of the Criminal Code of 1961 or the Criminal Code of | ||||||
9 | 2012; Section 4, 5, 6, 8, or 17.02 of the Illinois Credit Card | ||||||
10 | and Debit Card Act; or Section 11-9.1A of the Criminal Code of | ||||||
11 | 1961 or the Criminal Code of 2012 or Section 5.1 of the Wrongs | ||||||
12 | to Children Act; or (ii) violated Section 50-50 of the Nurse | ||||||
13 | Practice Act. | ||||||
14 | A health care employer is not required to retain an | ||||||
15 | individual in a position with duties involving direct care for | ||||||
16 | clients, patients, or residents, and no long-term care | ||||||
17 | facility is required to retain an individual in a position | ||||||
18 | with duties that involve or may involve contact with residents | ||||||
19 | or access to the living quarters or the financial, medical, or | ||||||
20 | personal records of residents, who has been convicted of | ||||||
21 | committing or attempting to commit one or more of the offenses | ||||||
22 | enumerated in this subsection. | ||||||
23 | (b) A health care employer shall not hire, employ, or | ||||||
24 | retain, whether paid or on a volunteer basis, any individual | ||||||
25 | in a position with duties involving direct care of clients, | ||||||
26 | patients, or residents, and no long-term care facility shall |
| |||||||
| |||||||
1 | knowingly hire, employ, or retain, whether paid or on a | ||||||
2 | volunteer basis, any individual in a position with duties that | ||||||
3 | involve or may involve contact with residents or access to the | ||||||
4 | living quarters or the financial, medical, or personal records | ||||||
5 | of residents, if the health care employer becomes aware that | ||||||
6 | the individual has been convicted in another state of | ||||||
7 | committing or attempting to commit an offense that has the | ||||||
8 | same or similar elements as an offense listed in subsection | ||||||
9 | (a) or (a-1), as verified by court records, records from a | ||||||
10 | state agency, or an FBI criminal history record check, unless | ||||||
11 | the applicant or employee obtains a waiver pursuant to Section | ||||||
12 | 40 of this Act. This shall not be construed to mean that a | ||||||
13 | health care employer has an obligation to conduct a criminal | ||||||
14 | history records check in other states in which an employee has | ||||||
15 | resided. | ||||||
16 | (c) A health care employer shall not hire, employ, or | ||||||
17 | retain, whether paid or on a volunteer basis, any individual | ||||||
18 | in a position with duties involving direct care of clients, | ||||||
19 | patients, or residents, who has a finding by the Department of | ||||||
20 | abuse, neglect, misappropriation of property, or theft denoted | ||||||
21 | on the Health Care Worker Registry. | ||||||
22 | (d) A health care employer shall not hire, employ, or | ||||||
23 | retain, whether paid or on a volunteer basis, any individual | ||||||
24 | in a position with duties involving direct care of clients, | ||||||
25 | patients, or residents if the individual has a verified and | ||||||
26 | substantiated finding of abuse, neglect, or financial |
| |||||||
| |||||||
1 | exploitation, as identified within the Adult Protective | ||||||
2 | Service Registry established under Section 7.5 of the Adult | ||||||
3 | Protective Services Act. | ||||||
4 | (e) A health care employer shall not hire, employ, or | ||||||
5 | retain, whether paid or on a volunteer basis, any individual | ||||||
6 | in a position with duties involving direct care of clients, | ||||||
7 | patients, or residents who has a finding by the Department of | ||||||
8 | Human Services denoted on the Health Care Worker Registry of | ||||||
9 | physical or sexual abuse, financial exploitation, egregious | ||||||
10 | neglect, or material obstruction of an investigation. | ||||||
11 | (Source: P.A. 103-76, eff. 6-9-23; 103-428, eff. 1-1-24; | ||||||
12 | revised 12-15-23.)
| ||||||
13 | Section 395. The Music Therapy Licensing and Practice Act | ||||||
14 | is amended by changing Section 95 as follows:
| ||||||
15 | (225 ILCS 56/95) | ||||||
16 | (Section scheduled to be repealed on January 1, 2028) | ||||||
17 | Sec. 95. Grounds for discipline. | ||||||
18 | (a) The Department may refuse to issue, renew, or may | ||||||
19 | revoke, suspend, place on probation, reprimand, or take other | ||||||
20 | disciplinary or nondisciplinary action as the Department deems | ||||||
21 | appropriate, including the issuance of fines not to exceed | ||||||
22 | $10,000 for each violation, with regard to any license for any | ||||||
23 | one or more of the following: | ||||||
24 | (1) Material misstatement in furnishing information to |
| |||||||
| |||||||
1 | the Department or to any other State agency. | ||||||
2 | (2) Violations or negligent or intentional disregard | ||||||
3 | of this Act, or any of its rules. | ||||||
4 | (3) Conviction by plea of guilty or nolo contendere, | ||||||
5 | finding of guilt, jury verdict, or entry of judgment or | ||||||
6 | sentencing, including, but not limited to, convictions, | ||||||
7 | preceding sentences of supervision, conditional discharge, | ||||||
8 | or first offender probation, under the laws of any | ||||||
9 | jurisdiction of the United States (i) that is a felony or | ||||||
10 | (ii) that is a misdemeanor, an essential element of which | ||||||
11 | is dishonesty, or that is directly related to the practice | ||||||
12 | of music therapy. | ||||||
13 | (4) Making any misrepresentation for the purpose of | ||||||
14 | obtaining a license, or violating any provision of this | ||||||
15 | Act or its rules. | ||||||
16 | (5) Negligence in the rendering of music therapy | ||||||
17 | services. | ||||||
18 | (6) Aiding or assisting another person in violating | ||||||
19 | any provision of this Act or any of its rules. | ||||||
20 | (7) Failing to provide information within 60 days in | ||||||
21 | response to a written request made by the Department. | ||||||
22 | (8) Engaging in dishonorable, unethical, or | ||||||
23 | unprofessional conduct of a character likely to deceive, | ||||||
24 | defraud, or harm the public and violating the rules of | ||||||
25 | professional conduct adopted by the Department. | ||||||
26 | (9) Failing to maintain the confidentiality of any |
| |||||||
| |||||||
1 | information received from a client, unless otherwise | ||||||
2 | authorized or required by law. | ||||||
3 | (10) Failure to maintain client records of services | ||||||
4 | provided and provide copies to clients upon request. | ||||||
5 | (11) Exploiting a client for personal advantage, | ||||||
6 | profit, or interest. | ||||||
7 | (12) Habitual or excessive use or addiction to | ||||||
8 | alcohol, narcotics, stimulants, or any other chemical | ||||||
9 | agent or drug which results in inability to practice with | ||||||
10 | reasonable skill, judgment, or safety. | ||||||
11 | (13) Discipline by another governmental agency or unit | ||||||
12 | of government, by any jurisdiction of the United States, | ||||||
13 | or by a foreign nation, if at least one of the grounds for | ||||||
14 | the discipline is the same or substantially equivalent to | ||||||
15 | those set forth in this Section. | ||||||
16 | (14) Directly or indirectly giving to or receiving | ||||||
17 | from any person, firm, corporation, partnership, or | ||||||
18 | association any fee, commission, rebate, or other form of | ||||||
19 | compensation for any professional service not actually | ||||||
20 | rendered. Nothing in this paragraph affects any bona fide | ||||||
21 | independent contractor or employment arrangements among | ||||||
22 | health care professionals, health facilities, health care | ||||||
23 | providers, or other entities, except as otherwise | ||||||
24 | prohibited by law. Any employment arrangements may include | ||||||
25 | provisions for compensation, health insurance, pension, or | ||||||
26 | other employment benefits for the provision of services |
| |||||||
| |||||||
1 | within the scope of the licensee's practice under this | ||||||
2 | Act. Nothing in this paragraph shall be construed to | ||||||
3 | require an employment arrangement to receive professional | ||||||
4 | fees for services rendered. | ||||||
5 | (15) A finding by the Department that the licensee, | ||||||
6 | after having the license placed on probationary status, | ||||||
7 | has violated the terms of probation. | ||||||
8 | (16) Failing to refer a client to other health care | ||||||
9 | professionals when the licensee is unable or unwilling to | ||||||
10 | adequately support or serve the client. | ||||||
11 | (17) Willfully filing false reports relating to a | ||||||
12 | licensee's practice, including, but not limited to, false | ||||||
13 | records filed with federal or State agencies or | ||||||
14 | departments. | ||||||
15 | (18) Willfully failing to report an instance of | ||||||
16 | suspected child abuse or neglect as required by the Abused | ||||||
17 | and Neglected Child Reporting Act. | ||||||
18 | (19) Being named as a perpetrator in an indicated | ||||||
19 | report by the Department of Children and Family Services | ||||||
20 | pursuant to the Abused and Neglected Child Reporting Act, | ||||||
21 | and upon proof by clear and convincing evidence that the | ||||||
22 | licensee has caused a child to be an abused child or | ||||||
23 | neglected child as defined in the Abused and Neglected | ||||||
24 | Child Reporting Act. | ||||||
25 | (20) Physical or mental disability, including | ||||||
26 | deterioration through the aging process or loss of |
| |||||||
| |||||||
1 | abilities and skills which results in the inability to | ||||||
2 | practice the profession with reasonable judgment, skill, | ||||||
3 | or safety. | ||||||
4 | (21) Solicitation of professional services by using | ||||||
5 | false or misleading advertising. | ||||||
6 | (22) Fraud or making any misrepresentation in applying | ||||||
7 | for or procuring a license under this Act or in connection | ||||||
8 | with applying for renewal of a license under this Act. | ||||||
9 | (23) Practicing or attempting to practice under a name | ||||||
10 | other than the full name as shown on the license or any | ||||||
11 | other legally authorized name. | ||||||
12 | (24) Gross overcharging for professional services, | ||||||
13 | including filing statements for collection of fees or | ||||||
14 | moneys for which services are not rendered. | ||||||
15 | (25) Charging for professional services not rendered, | ||||||
16 | including filing false statements for the collection of | ||||||
17 | fees for which services are not rendered. | ||||||
18 | (26) Allowing one's license under this Act to be used | ||||||
19 | by an unlicensed person in violation of this Act. | ||||||
20 | (b) The determination by a court that a licensee is | ||||||
21 | subject to involuntary admission or judicial admission as | ||||||
22 | provided in the Mental Health and Developmental Disabilities | ||||||
23 | Code shall result in an automatic suspension of the licensee's | ||||||
24 | license. The suspension will end upon a finding by a court that | ||||||
25 | the licensee is no longer subject to involuntary admission or | ||||||
26 | judicial admission, the issuance of an order so finding and |
| |||||||
| |||||||
1 | discharging the patient, and the determination of the | ||||||
2 | Secretary that the licensee be allowed to resume professional | ||||||
3 | practice. | ||||||
4 | (c) The Department may refuse to issue or renew or may | ||||||
5 | suspend without hearing the license of any person who fails to | ||||||
6 | file a return, to pay the tax penalty or interest shown in a | ||||||
7 | filed return, or to pay any final assessment of the tax, | ||||||
8 | penalty, or interest as required by any Act regarding the | ||||||
9 | payment of taxes administered by the Department of Revenue | ||||||
10 | until the requirements of the Act are satisfied in accordance | ||||||
11 | with subsection (g) of Section 2105-15 of the Department of | ||||||
12 | Professional Regulation Law of the Civil Administrative Code | ||||||
13 | of Illinois. | ||||||
14 | (d) In cases where the Department of Healthcare and Family | ||||||
15 | Services has previously determined that a licensee or a | ||||||
16 | potential licensee is more than 30 days delinquent in the | ||||||
17 | payment of child support and has subsequently certified the | ||||||
18 | delinquency to the Department, the Department may refuse to | ||||||
19 | issue or renew or may revoke or suspend that person's license | ||||||
20 | or may take other disciplinary action against that person | ||||||
21 | based solely upon the certification of delinquency made by the | ||||||
22 | Department of Healthcare and Family Services in accordance | ||||||
23 | with paragraph (5) of subsection (a) of Section 2105-15 of the | ||||||
24 | Department of Professional Regulation Law of the Civil | ||||||
25 | Administrative Code of Illinois. | ||||||
26 | (e) All fines or costs imposed under this Section shall be |
| |||||||
| |||||||
1 | paid within 60 days after the effective date of the order | ||||||
2 | imposing the fine or costs or in accordance with the terms set | ||||||
3 | forth in the order imposing the fine. | ||||||
4 | (Source: P.A. 102-993, eff. 5-27-22; revised 1-3-24.)
| ||||||
5 | Section 400. The Licensed Certified Professional Midwife | ||||||
6 | Practice Act is amended by changing Section 100 as follows:
| ||||||
7 | (225 ILCS 64/100) | ||||||
8 | (Section scheduled to be repealed on January 1, 2027) | ||||||
9 | Sec. 100. Grounds for disciplinary action. | ||||||
10 | (a) The Department may refuse to issue or to renew, or may | ||||||
11 | revoke, suspend, place on probation, reprimand, or take other | ||||||
12 | disciplinary or non-disciplinary action with regard to any | ||||||
13 | license issued under this Act as the Department may deem | ||||||
14 | proper, including the issuance of fines not to exceed $10,000 | ||||||
15 | for each violation, for any one or combination of the | ||||||
16 | following causes: | ||||||
17 | (1) Material misstatement in furnishing information to | ||||||
18 | the Department. | ||||||
19 | (2) Violations of this Act, or the rules adopted under | ||||||
20 | this Act. | ||||||
21 | (3) Conviction by plea of guilty or nolo contendere, | ||||||
22 | finding of guilt, jury verdict, or entry of judgment or | ||||||
23 | sentencing, including, but not limited to, convictions, | ||||||
24 | preceding sentences of supervision, conditional discharge, |
| |||||||
| |||||||
1 | or first offender probation, under the laws of any | ||||||
2 | jurisdiction of the United States that is: (i) a felony; | ||||||
3 | or (ii) a misdemeanor, an essential element of which is | ||||||
4 | dishonesty, or that is directly related to the practice of | ||||||
5 | the profession. | ||||||
6 | (4) Making any misrepresentation for the purpose of | ||||||
7 | obtaining licenses. | ||||||
8 | (5) Professional incompetence. | ||||||
9 | (6) Aiding or assisting another person in violating | ||||||
10 | any provision of this Act or its rules. | ||||||
11 | (7) Failing, within 60 days, to provide information in | ||||||
12 | response to a written request made by the Department. | ||||||
13 | (8) Engaging in dishonorable, unethical, or | ||||||
14 | unprofessional conduct, as defined by rule, of a character | ||||||
15 | likely to deceive, defraud, or harm the public. | ||||||
16 | (9) Habitual or excessive use or addiction to alcohol, | ||||||
17 | narcotics, stimulants, or any other chemical agent or drug | ||||||
18 | that results in a midwife's inability to practice with | ||||||
19 | reasonable judgment, skill, or safety. | ||||||
20 | (10) Discipline by another U.S. jurisdiction or | ||||||
21 | foreign nation, if at least one of the grounds for | ||||||
22 | discipline is the same or substantially equivalent to | ||||||
23 | those set forth in this Section. | ||||||
24 | (11) Directly or indirectly giving to or receiving | ||||||
25 | from any person, firm, corporation, partnership, or | ||||||
26 | association any fee, commission, rebate or other form of |
| |||||||
| |||||||
1 | compensation for any professional services not actually or | ||||||
2 | personally rendered. Nothing in this paragraph affects any | ||||||
3 | bona fide independent contractor or employment | ||||||
4 | arrangements, including provisions for compensation, | ||||||
5 | health insurance, pension, or other employment benefits, | ||||||
6 | with persons or entities authorized under this Act for the | ||||||
7 | provision of services within the scope of the licensee's | ||||||
8 | practice under this Act. | ||||||
9 | (12) A finding by the Department that the licensee, | ||||||
10 | after having his or her license placed on probationary | ||||||
11 | status, has violated the terms of probation. | ||||||
12 | (13) Abandonment of a patient. | ||||||
13 | (14) Willfully making or filing false records or | ||||||
14 | reports in his or her practice, including, but not limited | ||||||
15 | to, false records filed with state agencies or | ||||||
16 | departments. | ||||||
17 | (15) Willfully failing to report an instance of | ||||||
18 | suspected child abuse or neglect as required by the Abused | ||||||
19 | and Neglected Child Reporting Act. | ||||||
20 | (16) Physical illness, or mental illness or impairment | ||||||
21 | that results in the inability to practice the profession | ||||||
22 | with reasonable judgment, skill, or safety, including, but | ||||||
23 | not limited to, deterioration through the aging process or | ||||||
24 | loss of motor skill. | ||||||
25 | (17) Being named as a perpetrator in an indicated | ||||||
26 | report by the Department of Children and Family Services |
| |||||||
| |||||||
1 | under the Abused and Neglected Child Reporting Act, and | ||||||
2 | upon proof by clear and convincing evidence that the | ||||||
3 | licensee has caused a child to be an abused child or | ||||||
4 | neglected child as defined in the Abused and Neglected | ||||||
5 | Child Reporting Act. | ||||||
6 | (18) Gross negligence resulting in permanent injury or | ||||||
7 | death of a patient. | ||||||
8 | (19) Employment of fraud, deception, or any unlawful | ||||||
9 | means in applying for or securing a license as a licensed | ||||||
10 | certified professional profession midwife. | ||||||
11 | (21) Immoral conduct in the commission of any act, | ||||||
12 | including sexual abuse, sexual misconduct, or sexual | ||||||
13 | exploitation related to the licensee's practice. | ||||||
14 | (22) Violation of the Health Care Worker Self-Referral | ||||||
15 | Act. | ||||||
16 | (23) Practicing under a false or assumed name, except | ||||||
17 | as provided by law. | ||||||
18 | (24) Making a false or misleading statement regarding | ||||||
19 | his or her skill or the efficacy or value of the medicine, | ||||||
20 | treatment, or remedy prescribed by him or her in the | ||||||
21 | course of treatment. | ||||||
22 | (25) Allowing another person to use his or her license | ||||||
23 | to practice. | ||||||
24 | (26) Prescribing, selling, administering, | ||||||
25 | distributing, giving, or self-administering a drug | ||||||
26 | classified as a controlled substance for purposes other |
| |||||||
| |||||||
1 | than medically accepted medically-accepted therapeutic | ||||||
2 | purposes. | ||||||
3 | (27) Promotion of the sale of drugs, devices, | ||||||
4 | appliances, or goods provided for a patient in a manner to | ||||||
5 | exploit the patient for financial gain. | ||||||
6 | (28) A pattern of practice or other behavior that | ||||||
7 | demonstrates incapacity or incompetence to practice under | ||||||
8 | this Act. | ||||||
9 | (29) Violating State or federal laws, rules, or | ||||||
10 | regulations relating to controlled substances or other | ||||||
11 | legend drugs or ephedra as defined in the Ephedra | ||||||
12 | Prohibition Act. | ||||||
13 | (30) Failure to establish and maintain records of | ||||||
14 | patient care and treatment as required by law. | ||||||
15 | (31) Attempting to subvert or cheat on the examination | ||||||
16 | of the North American Registry of Midwives or its | ||||||
17 | successor agency. | ||||||
18 | (32) Willfully or negligently violating the | ||||||
19 | confidentiality between licensed certified professional | ||||||
20 | profession midwives and patient, except as required by | ||||||
21 | law. | ||||||
22 | (33) Willfully failing to report an instance of | ||||||
23 | suspected abuse, neglect, financial exploitation, or | ||||||
24 | self-neglect of an eligible adult as defined in and | ||||||
25 | required by the Adult Protective Services Act. | ||||||
26 | (34) Being named as an abuser in a verified report by |
| |||||||
| |||||||
1 | the Department on Aging under the Adult Protective | ||||||
2 | Services Act and upon proof by clear and convincing | ||||||
3 | evidence that the licensee abused, neglected, or | ||||||
4 | financially exploited an eligible adult as defined in the | ||||||
5 | Adult Protective Services Act. | ||||||
6 | (35) Failure to report to the Department an adverse | ||||||
7 | final action taken against him or her by another licensing | ||||||
8 | jurisdiction of the United States or a foreign state or | ||||||
9 | country, a peer review body, a health care institution, a | ||||||
10 | professional society or association, a governmental | ||||||
11 | agency, a law enforcement agency, or a court. | ||||||
12 | (36) Failure to provide copies of records of patient | ||||||
13 | care or treatment, except as required by law. | ||||||
14 | (37) Failure of a licensee to report to the Department | ||||||
15 | surrender by the licensee of a license or authorization to | ||||||
16 | practice in another state or jurisdiction or current | ||||||
17 | surrender by the licensee of membership professional | ||||||
18 | association or society while under disciplinary | ||||||
19 | investigation by any of those authorities or bodies for | ||||||
20 | acts or conduct similar to acts or conduct that would | ||||||
21 | constitute grounds for action under this Section. | ||||||
22 | (38) Failing, within 90 days, to provide a response to | ||||||
23 | a request for information in response to a written request | ||||||
24 | made by the Department by certified or registered mail or | ||||||
25 | by email to the email address of record. | ||||||
26 | (39) Failure to supervise a midwife assistant or |
| |||||||
| |||||||
1 | student midwife including, but not limited to, allowing a | ||||||
2 | midwife assistant or student midwife to exceed their | ||||||
3 | scope. | ||||||
4 | (40) Failure to adequately inform a patient about | ||||||
5 | their malpractice liability insurance coverage and the | ||||||
6 | policy limits of the coverage. | ||||||
7 | (41) Failure to submit an annual report to the | ||||||
8 | Department of Public Health. | ||||||
9 | (42) Failure to disclose active cardiopulmonary | ||||||
10 | resuscitation certification or neonatal resuscitation | ||||||
11 | provider status to clients. | ||||||
12 | (43) Engaging in one of the prohibited practices | ||||||
13 | provided for in Section 85 of this Act. | ||||||
14 | (b) The Department may, without a hearing, refuse to issue | ||||||
15 | or renew or may suspend the license of any person who fails to | ||||||
16 | file a return, or to pay the tax, penalty, or interest shown in | ||||||
17 | a filed return, or to pay any final assessment of the tax, | ||||||
18 | penalty, or interest as required by any tax Act administered | ||||||
19 | by the Department of Revenue, until the requirements of any | ||||||
20 | such tax Act are satisfied. | ||||||
21 | (c) The determination by a circuit court that a licensee | ||||||
22 | is subject to involuntary admission or judicial admission as | ||||||
23 | provided in the Mental Health and Developmental Disabilities | ||||||
24 | Code operates as an automatic suspension. The suspension will | ||||||
25 | end only upon a finding by a court that the patient is no | ||||||
26 | longer subject to involuntary admission or judicial admission |
| |||||||
| |||||||
1 | and issues an order so finding and discharging the patient, | ||||||
2 | and upon the recommendation of the Board to the Secretary that | ||||||
3 | the licensee be allowed to resume his or her practice. | ||||||
4 | (d) In enforcing this Section, the Department, upon a | ||||||
5 | showing of a possible violation, may compel an individual | ||||||
6 | licensed to practice under this Act, or who has applied for | ||||||
7 | licensure under this Act, to submit to a mental or physical | ||||||
8 | examination, or both, including a substance abuse or sexual | ||||||
9 | offender evaluation, as required by and at the expense of the | ||||||
10 | Department. | ||||||
11 | The Department shall specifically designate the examining | ||||||
12 | physician licensed to practice medicine in all of its branches | ||||||
13 | or, if applicable, the multidisciplinary team involved in | ||||||
14 | providing the mental or physical examination or both. The | ||||||
15 | multidisciplinary team shall be led by a physician licensed to | ||||||
16 | practice medicine in all of its branches and may consist of one | ||||||
17 | or more or a combination of physicians licensed to practice | ||||||
18 | medicine in all of its branches, licensed clinical | ||||||
19 | psychologists, licensed clinical social workers, licensed | ||||||
20 | clinical professional counselors, and other professional and | ||||||
21 | administrative staff. Any examining physician or member of the | ||||||
22 | multidisciplinary team may require any person ordered to | ||||||
23 | submit to an examination pursuant to this Section to submit to | ||||||
24 | any additional supplemental testing deemed necessary to | ||||||
25 | complete any examination or evaluation process, including, but | ||||||
26 | not limited to, blood testing, urinalysis, psychological |
| |||||||
| |||||||
1 | testing, or neuropsychological testing. | ||||||
2 | The Department may order the examining physician or any | ||||||
3 | member of the multidisciplinary team to provide to the | ||||||
4 | Department any and all records, including business records, | ||||||
5 | that relate to the examination and evaluation, including any | ||||||
6 | supplemental testing performed. | ||||||
7 | The Department may order the examining physician or any | ||||||
8 | member of the multidisciplinary team to present testimony | ||||||
9 | concerning the mental or physical examination of the licensee | ||||||
10 | or applicant. No information, report, record, or other | ||||||
11 | documents in any way related to the examination shall be | ||||||
12 | excluded by reason of any common law or statutory privilege | ||||||
13 | relating to communications between the licensee or applicant | ||||||
14 | and the examining physician or any member of the | ||||||
15 | multidisciplinary team. No authorization is necessary from the | ||||||
16 | licensee or applicant ordered to undergo an examination for | ||||||
17 | the examining physician or any member of the multidisciplinary | ||||||
18 | team to provide information, reports, records, or other | ||||||
19 | documents or to provide any testimony regarding the | ||||||
20 | examination and evaluation. | ||||||
21 | The individual to be examined may have, at his or her own | ||||||
22 | expense, another physician of his or her choice present during | ||||||
23 | all aspects of this examination. However, that physician shall | ||||||
24 | be present only to observe and may not interfere in any way | ||||||
25 | with the examination. | ||||||
26 | Failure of an individual to submit to a mental or physical |
| |||||||
| |||||||
1 | examination, when ordered, shall result in an automatic | ||||||
2 | suspension of his or her license until the individual submits | ||||||
3 | to the examination. | ||||||
4 | If the Department finds an individual unable to practice | ||||||
5 | because of the reasons set forth in this Section, the | ||||||
6 | Department may require that individual to submit to care, | ||||||
7 | counseling, or treatment by physicians approved or designated | ||||||
8 | by the Department, as a condition, term, or restriction for | ||||||
9 | continued, reinstated, or renewed licensure to practice; or, | ||||||
10 | in lieu of care, counseling, or treatment, the Department may | ||||||
11 | file a complaint to immediately suspend, revoke, or otherwise | ||||||
12 | discipline the license of the individual. An individual whose | ||||||
13 | license was granted, continued, reinstated, renewed, | ||||||
14 | disciplined, or supervised subject to such terms, conditions, | ||||||
15 | or restrictions, and who fails to comply with such terms, | ||||||
16 | conditions, or restrictions, shall be referred to the | ||||||
17 | Secretary for a determination as to whether the individual | ||||||
18 | shall have his or her license suspended immediately, pending a | ||||||
19 | hearing by the Department. | ||||||
20 | In instances in which the Secretary immediately suspends a | ||||||
21 | person's license under this Section, a hearing on that | ||||||
22 | person's license must be convened by the Department within 30 | ||||||
23 | days after the suspension and completed without appreciable | ||||||
24 | delay. The Department shall have the authority to review the | ||||||
25 | subject individual's record of treatment and counseling | ||||||
26 | regarding the impairment to the extent permitted by applicable |
| |||||||
| |||||||
1 | federal statutes and regulations safeguarding the | ||||||
2 | confidentiality of medical records. | ||||||
3 | An individual licensed under this Act and affected under | ||||||
4 | this Section shall be afforded an opportunity to demonstrate | ||||||
5 | to the Department that he or she can resume practice in | ||||||
6 | compliance with acceptable and prevailing standards under the | ||||||
7 | provisions of his or her license. | ||||||
8 | (Source: P.A. 102-683, eff. 10-1-22; revised 1-30-24.)
| ||||||
9 | Section 405. The Physician Assistant Practice Act of 1987 | ||||||
10 | is amended by changing Section 7.5 as follows:
| ||||||
11 | (225 ILCS 95/7.5) | ||||||
12 | (Section scheduled to be repealed on January 1, 2028) | ||||||
13 | Sec. 7.5. Written collaborative agreements; prescriptive | ||||||
14 | authority. | ||||||
15 | (a) A written collaborative agreement is required for all | ||||||
16 | physician assistants to practice in the State, except as | ||||||
17 | provided in Section 7.7 of this Act. | ||||||
18 | (1) A written collaborative agreement shall describe | ||||||
19 | the working relationship of the physician assistant with | ||||||
20 | the collaborating physician and shall describe the | ||||||
21 | categories of care, treatment, or procedures to be | ||||||
22 | provided by the physician assistant. The written | ||||||
23 | collaborative agreement shall promote the exercise of | ||||||
24 | professional judgment by the physician assistant |
| |||||||
| |||||||
1 | commensurate with his or her education and experience. The | ||||||
2 | services to be provided by the physician assistant shall | ||||||
3 | be services that the collaborating physician is authorized | ||||||
4 | to and generally provides to his or her patients in the | ||||||
5 | normal course of his or her clinical medical practice. The | ||||||
6 | written collaborative agreement need not describe the | ||||||
7 | exact steps that a physician assistant must take with | ||||||
8 | respect to each specific condition, disease, or symptom | ||||||
9 | but must specify which authorized procedures require the | ||||||
10 | presence of the collaborating physician as the procedures | ||||||
11 | are being performed. The relationship under a written | ||||||
12 | collaborative agreement shall not be construed to require | ||||||
13 | the personal presence of a physician at the place where | ||||||
14 | services are rendered. Methods of communication shall be | ||||||
15 | available for consultation with the collaborating | ||||||
16 | physician in person or by telecommunications or electronic | ||||||
17 | communications as set forth in the written collaborative | ||||||
18 | agreement. For the purposes of this Act, "generally | ||||||
19 | provides to his or her patients in the normal course of his | ||||||
20 | or her clinical medical practice" means services, not | ||||||
21 | specific tasks or duties, the collaborating physician | ||||||
22 | routinely provides individually or through delegation to | ||||||
23 | other persons so that the physician has the experience and | ||||||
24 | ability to collaborate and provide consultation. | ||||||
25 | (2) The written collaborative agreement shall be | ||||||
26 | adequate if a physician does each of the following: |
| |||||||
| |||||||
1 | (A) Participates in the joint formulation and | ||||||
2 | joint approval of orders or guidelines with the | ||||||
3 | physician assistant and he or she periodically reviews | ||||||
4 | such orders and the services provided patients under | ||||||
5 | such orders in accordance with accepted standards of | ||||||
6 | medical practice and physician assistant practice. | ||||||
7 | (B) Provides consultation at least once a month. | ||||||
8 | (3) A copy of the signed, written collaborative | ||||||
9 | agreement must be available to the Department upon request | ||||||
10 | from both the physician assistant and the collaborating | ||||||
11 | physician. | ||||||
12 | (4) A physician assistant shall inform each | ||||||
13 | collaborating physician of all written collaborative | ||||||
14 | agreements he or she has signed and provide a copy of these | ||||||
15 | to any collaborating physician upon request. | ||||||
16 | (b) A collaborating physician may, but is not required to, | ||||||
17 | delegate prescriptive authority to a physician assistant as | ||||||
18 | part of a written collaborative agreement. This authority may, | ||||||
19 | but is not required to, include prescription of, selection of, | ||||||
20 | orders for, administration of, storage of, acceptance of | ||||||
21 | samples of, and dispensing medical devices, over-the-counter | ||||||
22 | over the counter medications, legend drugs, medical gases, and | ||||||
23 | controlled substances categorized as Schedule II through V | ||||||
24 | controlled substances, as defined in Article II of the | ||||||
25 | Illinois Controlled Substances Act, and other preparations, | ||||||
26 | including, but not limited to, botanical and herbal remedies. |
| |||||||
| |||||||
1 | The collaborating physician must have a valid, current | ||||||
2 | Illinois controlled substance license and federal registration | ||||||
3 | with the Drug Enforcement Administration to delegate the | ||||||
4 | authority to prescribe controlled substances. | ||||||
5 | (1) To prescribe Schedule II, III, IV, or V controlled | ||||||
6 | substances under this Section, a physician assistant must | ||||||
7 | obtain a mid-level practitioner controlled substances | ||||||
8 | license. Medication orders issued by a physician assistant | ||||||
9 | shall be reviewed periodically by the collaborating | ||||||
10 | physician. | ||||||
11 | (2) The collaborating physician shall file with the | ||||||
12 | Department notice of delegation of prescriptive authority | ||||||
13 | to a physician assistant and termination of delegation, | ||||||
14 | specifying the authority delegated or terminated. Upon | ||||||
15 | receipt of this notice delegating authority to prescribe | ||||||
16 | controlled substances, the physician assistant shall be | ||||||
17 | eligible to register for a mid-level practitioner | ||||||
18 | controlled substances license under Section 303.05 of the | ||||||
19 | Illinois Controlled Substances Act. Nothing in this Act | ||||||
20 | shall be construed to limit the delegation of tasks or | ||||||
21 | duties by the collaborating physician to a nurse or other | ||||||
22 | appropriately trained persons in accordance with Section | ||||||
23 | 54.2 of the Medical Practice Act of 1987. | ||||||
24 | (3) In addition to the requirements of this subsection | ||||||
25 | (b), a collaborating physician may, but is not required | ||||||
26 | to, delegate authority to a physician assistant to |
| |||||||
| |||||||
1 | prescribe Schedule II controlled substances, if all of the | ||||||
2 | following conditions apply: | ||||||
3 | (A) Specific Schedule II controlled substances by | ||||||
4 | oral dosage or topical or transdermal application may | ||||||
5 | be delegated, provided that the delegated Schedule II | ||||||
6 | controlled substances are routinely prescribed by the | ||||||
7 | collaborating physician. This delegation must identify | ||||||
8 | the specific Schedule II controlled substances by | ||||||
9 | either brand name or generic name. Schedule II | ||||||
10 | controlled substances to be delivered by injection or | ||||||
11 | other route of administration may not be delegated. | ||||||
12 | (B) (Blank). | ||||||
13 | (C) Any prescription must be limited to no more | ||||||
14 | than a 30-day supply, with any continuation authorized | ||||||
15 | only after prior approval of the collaborating | ||||||
16 | physician. | ||||||
17 | (D) The physician assistant must discuss the | ||||||
18 | condition of any patients for whom a controlled | ||||||
19 | substance is prescribed monthly with the collaborating | ||||||
20 | physician. | ||||||
21 | (E) The physician assistant meets the education | ||||||
22 | requirements of Section 303.05 of the Illinois | ||||||
23 | Controlled Substances Act. | ||||||
24 | (c) Nothing in this Act shall be construed to limit the | ||||||
25 | delegation of tasks or duties by a physician to a licensed | ||||||
26 | practical nurse, a registered professional nurse, or other |
| |||||||
| |||||||
1 | persons. Nothing in this Act shall be construed to limit the | ||||||
2 | method of delegation that may be authorized by any means, | ||||||
3 | including, but not limited to, oral, written, electronic, | ||||||
4 | standing orders, protocols, guidelines, or verbal orders. | ||||||
5 | Nothing in this Act shall be construed to authorize a | ||||||
6 | physician assistant to provide health care services required | ||||||
7 | by law or rule to be performed by a physician. Nothing in this | ||||||
8 | Act shall be construed to authorize the delegation or | ||||||
9 | performance of operative surgery. Nothing in this Section | ||||||
10 | shall be construed to preclude a physician assistant from | ||||||
11 | assisting in surgery. | ||||||
12 | (c-5) Nothing in this Section shall be construed to apply | ||||||
13 | to any medication authority, including Schedule II controlled | ||||||
14 | substances of a licensed physician assistant for care provided | ||||||
15 | in a hospital, hospital affiliate, federally qualified health | ||||||
16 | center, or ambulatory surgical treatment center pursuant to | ||||||
17 | Section 7.7 of this Act. | ||||||
18 | (d) (Blank). | ||||||
19 | (e) Nothing in this Section shall be construed to prohibit | ||||||
20 | generic substitution. | ||||||
21 | (Source: P.A. 102-558, eff. 8-20-21; 103-65, eff. 1-1-24; | ||||||
22 | revised 1-2-24.)
| ||||||
23 | Section 410. The Veterinary Medicine and Surgery Practice | ||||||
24 | Act of 2004 is amended by changing Section 25.2 as follows:
|
| |||||||
| |||||||
1 | (225 ILCS 115/25.2) (from Ch. 111, par. 7025.2) | ||||||
2 | (Section scheduled to be repealed on January 1, 2029) | ||||||
3 | Sec. 25.2. Investigation; notice and hearing. The | ||||||
4 | Department may investigate the actions of any applicant or of | ||||||
5 | any person or persons holding or claiming to hold a license or | ||||||
6 | certificate. The Department shall, before refusing to issue, | ||||||
7 | to renew or discipline a license or certificate under Section | ||||||
8 | 25, at least 30 days prior to the date set for the hearing, | ||||||
9 | notify the applicant or licensee in writing of the nature of | ||||||
10 | the charges and the time and place for a hearing on the | ||||||
11 | charges. The Department shall direct the applicant, | ||||||
12 | certificate holder, or licensee to file a written answer to | ||||||
13 | the charges with the Board under oath within 20 days after the | ||||||
14 | service of the notice and inform the applicant, certificate | ||||||
15 | holder, or licensee that failure to file an answer will result | ||||||
16 | in default being taken against the applicant, certificate | ||||||
17 | holder, or licensee. At the time and place fixed in the notice, | ||||||
18 | the Department shall proceed to hear the charges and the | ||||||
19 | parties or their counsel shall be accorded ample opportunity | ||||||
20 | to present any pertinent statements, testimony, evidence, and | ||||||
21 | arguments. The Department may continue the hearing from time | ||||||
22 | to time. In case the person, after receiving the notice, fails | ||||||
23 | to file an answer, his or her license may, in the discretion of | ||||||
24 | the Department, be revoked, suspended, placed on probationary | ||||||
25 | status, or the Department may take whatever disciplinary | ||||||
26 | action considered proper, including limiting the scope, |
| |||||||
| |||||||
1 | nature, or extent of the person's practice or the imposition | ||||||
2 | of a fine, without a hearing, if the act or acts charged | ||||||
3 | constitute sufficient grounds for that action under the Act. | ||||||
4 | The written notice and any notice in the subsequent proceeding | ||||||
5 | may be served by registered or certified mail to the | ||||||
6 | licensee's address of record or, if in the course of the | ||||||
7 | administrative proceeding the party has previously designated | ||||||
8 | a specific email address at which to accept electronic service | ||||||
9 | for that specific proceeding, by sending a copy by email to the | ||||||
10 | party's an email address on record. | ||||||
11 | (Source: P.A. 103-309, eff. 1-1-24; 103-505, eff. 1-1-24; | ||||||
12 | revised 9-28-23.)
| ||||||
13 | Section 415. The Registered Surgical Assistant and | ||||||
14 | Registered Surgical Technologist Title Protection Act is | ||||||
15 | amended by changing Section 75 as follows:
| ||||||
16 | (225 ILCS 130/75) | ||||||
17 | (Section scheduled to be repealed on January 1, 2029) | ||||||
18 | Sec. 75. Grounds for disciplinary action. | ||||||
19 | (a) The Department may refuse to issue, renew, or restore | ||||||
20 | a registration, may revoke or suspend a registration, or may | ||||||
21 | place on probation, reprimand, or take other disciplinary or | ||||||
22 | non-disciplinary action with regard to a person registered | ||||||
23 | under this Act, including, but not limited to, the imposition | ||||||
24 | of fines not to exceed $10,000 for each violation and the |
| |||||||
| |||||||
1 | assessment of costs as provided for in Section 90, for any one | ||||||
2 | or combination of the following causes: | ||||||
3 | (1) Making a material misstatement in furnishing | ||||||
4 | information to the Department. | ||||||
5 | (2) Violating a provision of this Act or rules adopted | ||||||
6 | under this Act. | ||||||
7 | (3) Conviction by plea of guilty or nolo contendere, | ||||||
8 | finding of guilt, jury verdict, or entry of judgment or by | ||||||
9 | sentencing of any crime, including, but not limited to, | ||||||
10 | convictions, preceding sentences of supervision, | ||||||
11 | conditional discharge, or first offender probation, under | ||||||
12 | the laws of any jurisdiction of the United States that is | ||||||
13 | (i) a felony or (ii) a misdemeanor, an essential element | ||||||
14 | of which is dishonesty, or that is directly related to the | ||||||
15 | practice of the profession. | ||||||
16 | (4) Fraud or misrepresentation in applying for, | ||||||
17 | renewing, restoring, reinstating, or procuring a | ||||||
18 | registration under this Act. | ||||||
19 | (5) Aiding or assisting another person in violating a | ||||||
20 | provision of this Act or its rules. | ||||||
21 | (6) Failing to provide information within 60 days in | ||||||
22 | response to a written request made by the Department. | ||||||
23 | (7) Engaging in dishonorable, unethical, or | ||||||
24 | unprofessional conduct of a character likely to deceive, | ||||||
25 | defraud, or harm the public, as defined by rule of the | ||||||
26 | Department. |
| |||||||
| |||||||
1 | (8) Discipline by another United States jurisdiction, | ||||||
2 | governmental agency, unit of government, or foreign | ||||||
3 | nation, if at least one of the grounds for discipline is | ||||||
4 | the same or substantially equivalent to those set forth in | ||||||
5 | this Section. | ||||||
6 | (9) Directly or indirectly giving to or receiving from | ||||||
7 | a person, firm, corporation, partnership, or association a | ||||||
8 | fee, commission, rebate, or other form of compensation for | ||||||
9 | professional services not actually or personally rendered. | ||||||
10 | Nothing in this paragraph (9) affects any bona fide | ||||||
11 | independent contractor or employment arrangements among | ||||||
12 | health care professionals, health facilities, health care | ||||||
13 | providers, or other entities, except as otherwise | ||||||
14 | prohibited by law. Any employment arrangements may include | ||||||
15 | provisions for compensation, health insurance, pension, or | ||||||
16 | other employment benefits for the provision of services | ||||||
17 | within the scope of the registrant's practice under this | ||||||
18 | Act. Nothing in this paragraph (9) shall be construed to | ||||||
19 | require an employment arrangement to receive professional | ||||||
20 | fees for services rendered. | ||||||
21 | (10) A finding by the Department that the registrant, | ||||||
22 | after having the registration placed on probationary | ||||||
23 | status, has violated the terms of probation. | ||||||
24 | (11) Willfully making or filing false records or | ||||||
25 | reports in the practice, including, but not limited to, | ||||||
26 | false records or reports filed with State agencies. |
| |||||||
| |||||||
1 | (12) Willfully making or signing a false statement, | ||||||
2 | certificate, or affidavit to induce payment. | ||||||
3 | (13) Willfully failing to report an instance of | ||||||
4 | suspected child abuse or neglect as required under the | ||||||
5 | Abused and Neglected Child Reporting Act. | ||||||
6 | (14) Being named as a perpetrator in an indicated | ||||||
7 | report by the Department of Children and Family Services | ||||||
8 | under the Abused and Neglected Child Reporting Act and | ||||||
9 | upon proof by clear and convincing evidence that the | ||||||
10 | registrant has caused a child to be an abused child or | ||||||
11 | neglected child as defined in the Abused and Neglected | ||||||
12 | Child Reporting Act. | ||||||
13 | (15) (Blank). | ||||||
14 | (16) Failure to report to the Department (A) any | ||||||
15 | adverse final action taken against the registrant by | ||||||
16 | another registering or licensing jurisdiction, government | ||||||
17 | agency, law enforcement agency, or any court or (B) | ||||||
18 | liability for conduct that would constitute grounds for | ||||||
19 | action as set forth in this Section. | ||||||
20 | (17) Habitual or excessive use or abuse of drugs | ||||||
21 | defined in law as controlled substances, alcohol, or any | ||||||
22 | other substance that results in the inability to practice | ||||||
23 | with reasonable judgment, skill, or safety. | ||||||
24 | (18) Physical or mental illness, including, but not | ||||||
25 | limited to, deterioration through the aging process or | ||||||
26 | loss of motor skills, which results in the inability to |
| |||||||
| |||||||
1 | practice the profession for which the person is registered | ||||||
2 | with reasonable judgment, skill, or safety. | ||||||
3 | (19) Gross malpractice. | ||||||
4 | (20) Immoral conduct in the commission of an act | ||||||
5 | related to the registrant's practice, including, but not | ||||||
6 | limited to, sexual abuse, sexual misconduct, or sexual | ||||||
7 | exploitation. | ||||||
8 | (21) Violation of the Health Care Worker Self-Referral | ||||||
9 | Act. | ||||||
10 | (b) The Department may refuse to issue or may suspend | ||||||
11 | without hearing the registration of a person who fails to file | ||||||
12 | a return, to pay the tax, penalty, or interest shown in a filed | ||||||
13 | return, or to pay a final assessment of the tax, penalty, or | ||||||
14 | interest as required by a tax Act administered by the | ||||||
15 | Department of Revenue, until the requirements of the tax Act | ||||||
16 | are satisfied in accordance with subsection (g) of Section | ||||||
17 | 2105-15 of the Department of Regulation Law of the Civil | ||||||
18 | Administrative Code of Illinois. | ||||||
19 | (b-1) The Department shall not revoke, suspend, summarily | ||||||
20 | suspend, place on probation, reprimand, refuse to issue or | ||||||
21 | renew, or take any other disciplinary or non-disciplinary | ||||||
22 | action against the license issued under this Act to practice | ||||||
23 | as a registered surgical assistant or registered surgical | ||||||
24 | technologist based solely upon the registered surgical | ||||||
25 | assistant or registered surgical technologist providing, | ||||||
26 | authorizing, recommending, aiding, assisting, referring for, |
| |||||||
| |||||||
1 | or otherwise participating in any health care service, so long | ||||||
2 | as the care was not unlawful under the laws of this State, | ||||||
3 | regardless of whether the patient was a resident of this State | ||||||
4 | or another state. | ||||||
5 | (b-2) The Department shall not revoke, suspend, summarily | ||||||
6 | suspend, place on prohibition, reprimand, refuse to issue or | ||||||
7 | renew, or take any other disciplinary or non-disciplinary | ||||||
8 | action against the license issued under this Act to practice | ||||||
9 | as a registered surgical assistant or registered surgical | ||||||
10 | technologist based upon the registered surgical assistant's or | ||||||
11 | registered surgical technologist's license being revoked or | ||||||
12 | suspended, or the registered surgical assistant's or | ||||||
13 | registered surgical technologist's being otherwise disciplined | ||||||
14 | by any other state, if that revocation, suspension, or other | ||||||
15 | form of discipline was based solely on the registered surgical | ||||||
16 | assistant or registered surgical technologist violating | ||||||
17 | another state's laws prohibiting the provision of, | ||||||
18 | authorization of, recommendation of, aiding or assisting in, | ||||||
19 | referring for, or participation in any health care service if | ||||||
20 | that health care service as provided would not have been | ||||||
21 | unlawful under the laws of this State and is consistent with | ||||||
22 | the standards of conduct for the registered surgical assistant | ||||||
23 | or registered surgical technologist practicing in this State. | ||||||
24 | (b-3) The conduct specified in subsection (b-1) or (b-2) | ||||||
25 | shall not constitute grounds for suspension under Section 145. | ||||||
26 | (b-4) An applicant seeking licensure, certification, or |
| |||||||
| |||||||
1 | authorization pursuant to this Act who has been subject to | ||||||
2 | disciplinary action by a duly authorized professional | ||||||
3 | disciplinary agency of another jurisdiction solely on the | ||||||
4 | basis of having provided, authorized, recommended, aided, | ||||||
5 | assisted, referred for, or otherwise participated in health | ||||||
6 | care shall not be denied such licensure, certification, or | ||||||
7 | authorization, unless the Department determines that such | ||||||
8 | action would have constituted professional misconduct in this | ||||||
9 | State. Nothing in this Section shall be construed as | ||||||
10 | prohibiting the Department from evaluating the conduct of such | ||||||
11 | applicant and making a determination regarding the licensure, | ||||||
12 | certification, or authorization to practice a profession under | ||||||
13 | this Act. | ||||||
14 | (c) The determination by a circuit court that a registrant | ||||||
15 | is subject to involuntary admission or judicial admission as | ||||||
16 | provided in the Mental Health and Developmental Disabilities | ||||||
17 | Code operates as an automatic suspension. The suspension will | ||||||
18 | end only upon (1) a finding by a court that the patient is no | ||||||
19 | longer subject to involuntary admission or judicial admission, | ||||||
20 | (2) issuance of an order so finding and discharging the | ||||||
21 | patient, and (3) filing of a petition for restoration | ||||||
22 | demonstrating fitness to practice. | ||||||
23 | (d) (Blank). | ||||||
24 | (e) In cases where the Department of Healthcare and Family | ||||||
25 | Services has previously determined a registrant or a potential | ||||||
26 | registrant is more than 30 days delinquent in the payment of |
| |||||||
| |||||||
1 | child support and has subsequently certified the delinquency | ||||||
2 | to the Department, the Department may refuse to issue or renew | ||||||
3 | or may revoke or suspend that person's registration or may | ||||||
4 | take other disciplinary action against that person based | ||||||
5 | solely upon the certification of delinquency made by the | ||||||
6 | Department of Healthcare and Family Services in accordance | ||||||
7 | with paragraph (5) of subsection (a) of Section 2105-15 of the | ||||||
8 | Department of Professional Regulation Law of the Civil | ||||||
9 | Administrative Code of Illinois. | ||||||
10 | (f) In enforcing this Section, the Department, upon a | ||||||
11 | showing of a possible violation, may compel any individual | ||||||
12 | registered under this Act or any individual who has applied | ||||||
13 | for registration to submit to a mental or physical examination | ||||||
14 | and evaluation, or both, that may include a substance abuse or | ||||||
15 | sexual offender evaluation, at the expense of the Department. | ||||||
16 | The Department shall specifically designate the examining | ||||||
17 | physician licensed to practice medicine in all of its branches | ||||||
18 | or, if applicable, the multidisciplinary team involved in | ||||||
19 | providing the mental or physical examination and evaluation, | ||||||
20 | or both. The multidisciplinary team shall be led by a | ||||||
21 | physician licensed to practice medicine in all of its branches | ||||||
22 | and may consist of one or more or a combination of physicians | ||||||
23 | licensed to practice medicine in all of its branches, licensed | ||||||
24 | chiropractic physicians, licensed clinical psychologists, | ||||||
25 | licensed clinical social workers, licensed clinical | ||||||
26 | professional counselors, and other professional and |
| |||||||
| |||||||
1 | administrative staff. Any examining physician or member of the | ||||||
2 | multidisciplinary team may require any person ordered to | ||||||
3 | submit to an examination and evaluation pursuant to this | ||||||
4 | Section to submit to any additional supplemental testing | ||||||
5 | deemed necessary to complete any examination or evaluation | ||||||
6 | process, including, but not limited to, blood testing, | ||||||
7 | urinalysis, psychological testing, or neuropsychological | ||||||
8 | testing. | ||||||
9 | The Department may order the examining physician or any | ||||||
10 | member of the multidisciplinary team to provide to the | ||||||
11 | Department any and all records, including business records, | ||||||
12 | that relate to the examination and evaluation, including any | ||||||
13 | supplemental testing performed. The Department may order the | ||||||
14 | examining physician or any member of the multidisciplinary | ||||||
15 | team to present testimony concerning this examination and | ||||||
16 | evaluation of the registrant or applicant, including testimony | ||||||
17 | concerning any supplemental testing or documents relating to | ||||||
18 | the examination and evaluation. No information, report, | ||||||
19 | record, or other documents in any way related to the | ||||||
20 | examination and evaluation shall be excluded by reason of any | ||||||
21 | common law or statutory privilege relating to communication | ||||||
22 | between the registrant or applicant and the examining | ||||||
23 | physician or any member of the multidisciplinary team. No | ||||||
24 | authorization is necessary from the registrant or applicant | ||||||
25 | ordered to undergo an evaluation and examination for the | ||||||
26 | examining physician or any member of the multidisciplinary |
| |||||||
| |||||||
1 | team to provide information, reports, records, or other | ||||||
2 | documents or to provide any testimony regarding the | ||||||
3 | examination and evaluation. The individual to be examined may | ||||||
4 | have, at the individual's own expense, another physician of | ||||||
5 | the individual's choice present during all aspects of the | ||||||
6 | examination. | ||||||
7 | Failure of any individual to submit to mental or physical | ||||||
8 | examination and evaluation, or both, when directed, shall | ||||||
9 | result in an automatic suspension without a hearing until such | ||||||
10 | time as the individual submits to the examination. If the | ||||||
11 | Department finds a registrant unable to practice because of | ||||||
12 | the reasons set forth in this Section, the Department shall | ||||||
13 | require such registrant to submit to care, counseling, or | ||||||
14 | treatment by physicians approved or designated by the | ||||||
15 | Department as a condition for continued, reinstated, or | ||||||
16 | renewed registration. | ||||||
17 | When the Secretary immediately suspends a registration | ||||||
18 | under this Section, a hearing upon such person's registration | ||||||
19 | must be convened by the Department within 15 days after such | ||||||
20 | suspension and completed without appreciable delay. The | ||||||
21 | Department shall have the authority to review the registrant's | ||||||
22 | record of treatment and counseling regarding the impairment to | ||||||
23 | the extent permitted by applicable federal statutes and | ||||||
24 | regulations safeguarding the confidentiality of medical | ||||||
25 | records. | ||||||
26 | Individuals registered under this Act and affected under |
| |||||||
| |||||||
1 | this Section shall be afforded an opportunity to demonstrate | ||||||
2 | to the Department that they can resume practice in compliance | ||||||
3 | with acceptable and prevailing standards under the provisions | ||||||
4 | of their registration. | ||||||
5 | (g) All fines imposed under this Section shall be paid | ||||||
6 | within 60 days after the effective date of the order imposing | ||||||
7 | the fine or in accordance with the terms set forth in the order | ||||||
8 | imposing the fine. | ||||||
9 | (f) The Department may adopt rules to implement the | ||||||
10 | changes made by Public Act 102-1117 this amendatory Act of the | ||||||
11 | 102nd General Assembly . | ||||||
12 | (Source: P.A. 102-1117, eff. 1-13-23; 103-387, eff. 1-1-24; | ||||||
13 | revised 12-15-23.)
| ||||||
14 | Section 420. The Solid Waste Site Operator Certification | ||||||
15 | Law is amended by changing Section 1011 as follows:
| ||||||
16 | (225 ILCS 230/1011) | ||||||
17 | Sec. 1011. Fees. | ||||||
18 | (a) Fees for the issuance or renewal of a Solid Waste Site | ||||||
19 | Operator Certificate shall be as follows: | ||||||
20 | (1) (A) $400 for issuance or renewal for Solid Waste | ||||||
21 | Site Operators; | ||||||
22 | (B) (blank); and | ||||||
23 | (C) $100 for issuance or renewal for special waste | ||||||
24 | endorsements. |
| |||||||
| |||||||
1 | (2) If the fee for renewal is not paid within the grace | ||||||
2 | period , the above fees for renewal shall each be increased by | ||||||
3 | $50. | ||||||
4 | (b) (Blank). | ||||||
5 | (c) All fees collected by the Agency under this Section | ||||||
6 | shall be deposited into the Environmental Protection Permit | ||||||
7 | and Inspection Fund to be used in accordance with the | ||||||
8 | provisions of subsection (a) of Section 22.8 of the | ||||||
9 | Environmental Protection Act. | ||||||
10 | (Source: P.A. 102-1017, eff. 1-1-23; 102-1071, eff. 6-10-22; | ||||||
11 | 103-154, eff. 6-30-23; revised 9-21-23.)
| ||||||
12 | Section 425. The Illinois Plumbing License Law is amended | ||||||
13 | by changing Section 13.1 as follows:
| ||||||
14 | (225 ILCS 320/13.1) | ||||||
15 | Sec. 13.1. Plumbing contractors; registration; | ||||||
16 | applications. | ||||||
17 | (1) On and after May 1, 2002, all persons or corporations | ||||||
18 | desiring to engage in the business of plumbing contractor, | ||||||
19 | other than any entity that maintains an audited net worth of | ||||||
20 | shareholders' equity equal to or exceeding $100,000,000, shall | ||||||
21 | register in accordance with the provisions of this Act. | ||||||
22 | (2) Application for registration shall be filed with the | ||||||
23 | Department each year, on or before the last day of September, | ||||||
24 | in writing and on forms prepared and furnished by the |
| |||||||
| |||||||
1 | Department. All plumbing contractor registrations expire on | ||||||
2 | the last day of September of each year. | ||||||
3 | (3) Applications shall contain the name, address, and | ||||||
4 | telephone number of the person and the plumbing license of (i) | ||||||
5 | the individual, if a sole proprietorship; (ii) the partner, if | ||||||
6 | a partnership; or (iii) an officer, if a corporation. The | ||||||
7 | application shall contain the business name, address, and | ||||||
8 | telephone number, a current copy of the plumbing license, and | ||||||
9 | any other information the Department may require by rule. | ||||||
10 | (4) Applicants shall submit an original certificate of | ||||||
11 | insurance documenting that the contractor carries general | ||||||
12 | liability insurance with a minimum of $100,000 per occurrence, | ||||||
13 | a minimum of $300,000 aggregate for bodily injury, property | ||||||
14 | damage insurance with a minimum of $50,000 or a minimum of | ||||||
15 | $300,000 combined single limit, and workers compensation | ||||||
16 | insurance with a minimum $500,000 employer's liability. No | ||||||
17 | registration may be issued in the absence of this certificate. | ||||||
18 | Certificates must be in force at all times for registration to | ||||||
19 | remain valid. | ||||||
20 | (5) Applicants shall submit, on a form provided by the | ||||||
21 | Department, an indemnification bond in the amount of $20,000 | ||||||
22 | or a letter of credit in the same amount for work performed in | ||||||
23 | accordance with this Act and the rules promulgated under this | ||||||
24 | Act. | ||||||
25 | (5.5) The Department, upon notification by the Illinois | ||||||
26 | Workers' Compensation Commission or the Department of |
| |||||||
| |||||||
1 | Insurance, shall refuse the issuance or renewal of a license | ||||||
2 | to, or suspend or revoke the license of, any individual, | ||||||
3 | corporation, partnership, or other business entity that has | ||||||
4 | been found by the Illinois Workers' Compensation Commission or | ||||||
5 | the Department of Insurance to have failed: | ||||||
6 | (a) to secure workers' compensation obligations in the | ||||||
7 | manner required by subsections (a) and (b) of Section 4 of | ||||||
8 | the Workers' Compensation Act; | ||||||
9 | (b) to pay in full a fine or penalty imposed by the | ||||||
10 | Illinois Workers' Compensation Commission or the | ||||||
11 | Department of Insurance due to a failure to secure | ||||||
12 | workers' compensation obligations in the manner required | ||||||
13 | by subsections (a) and (b) of Section 4 of the Workers' | ||||||
14 | Compensation Act; or | ||||||
15 | (c) to fulfill all obligations assumed pursuant to any | ||||||
16 | settlement reached with the Illinois Workers' Compensation | ||||||
17 | Commission or the Department of Insurance due to a failure | ||||||
18 | to secure workers' compensation obligations in the manner | ||||||
19 | required by subsections (a) and (b) of Section 4 of the | ||||||
20 | Workers' Compensation Act. | ||||||
21 | A complaint filed with the Department by the Illinois | ||||||
22 | Workers' Compensation Commission or the Department of | ||||||
23 | Insurance that includes a certification, signed by its | ||||||
24 | Director or Chairman or designee, attesting to a finding of | ||||||
25 | the failure to secure workers' compensation obligations in the | ||||||
26 | manner required by subsections (a) and (b) of Section 4 of the |
| |||||||
| |||||||
1 | Workers' Compensation Act or the failure to pay any fines or | ||||||
2 | penalties or to discharge any obligation under a settlement | ||||||
3 | relating to the failure to secure workers' compensation | ||||||
4 | obligations in the manner required by subsections (a) and (b) | ||||||
5 | of Section 4 of the Workers' Compensation Act is prima facie | ||||||
6 | evidence of the licensee's or applicant's failure to comply | ||||||
7 | with subsections (a) and (b) of Section 4 of the Workers' | ||||||
8 | Compensation Act. Upon receipt of that certification, the | ||||||
9 | Department shall, without a hearing, immediately suspend all | ||||||
10 | licenses held by the licensee or the processing of any | ||||||
11 | application from the applicant. Enforcement of the | ||||||
12 | Department's order shall be stayed for 60 days. The Department | ||||||
13 | shall provide notice of the suspension to the licensee by | ||||||
14 | mailing a copy of the Department's order to the licensee's or | ||||||
15 | applicant's address of record or emailing a copy of the order | ||||||
16 | to the licensee's or applicant's email address of record. The | ||||||
17 | notice shall advise the licensee or applicant that the | ||||||
18 | suspension shall be effective 60 days after the issuance of | ||||||
19 | the order unless the Department receives, from the licensee or | ||||||
20 | applicant, a request for a hearing before the Department to | ||||||
21 | dispute the matters contained in the order. | ||||||
22 | Upon receiving notice from the Illinois Workers' | ||||||
23 | Compensation Commission or the Department of Insurance that | ||||||
24 | the violation has been corrected or otherwise resolved, the | ||||||
25 | Department shall vacate the order suspending a licensee's | ||||||
26 | license or the processing of an applicant's application. |
| |||||||
| |||||||
1 | No license shall be suspended or revoked until after the | ||||||
2 | licensee is afforded any due process protection guaranteed by | ||||||
3 | statute or rule adopted by the Illinois Workers' Compensation | ||||||
4 | Commission or the Department of Insurance. | ||||||
5 | (6) All employees of a registered plumbing contractor who | ||||||
6 | engage in plumbing work shall be licensed plumbers or | ||||||
7 | apprentice plumbers in accordance with this Act. | ||||||
8 | (7) Plumbing contractors shall submit an annual | ||||||
9 | registration fee in an amount to be established by rule. | ||||||
10 | (8) The Department shall be notified in advance of any | ||||||
11 | changes in the business structure, name, or location or of the | ||||||
12 | addition or deletion of the owner or officer who is the | ||||||
13 | licensed plumber listed on the application. Failure to notify | ||||||
14 | the Department of this information is grounds for suspension | ||||||
15 | or revocation of the plumbing contractor's registration. | ||||||
16 | (9) In the event that the plumber's license on the | ||||||
17 | application for registration of a plumbing contractor is a | ||||||
18 | license issued by the City of Chicago, it shall be the | ||||||
19 | responsibility of the applicant to forward a copy of the | ||||||
20 | plumber's license to the Department, noting the name of the | ||||||
21 | registered plumbing contractor, when it is renewed. In the | ||||||
22 | event that the plumbing contractor's registration is suspended | ||||||
23 | or revoked, the Department shall notify the City of Chicago | ||||||
24 | and any corresponding plumbing contractor's license issued by | ||||||
25 | the City of Chicago shall be suspended or revoked. | ||||||
26 | (Source: P.A. 103-26, eff. 1-1-24; revised 1-2-24.)
|
| |||||||
| |||||||
1 | Section 430. The Timber Buyers Licensing Act is amended by | ||||||
2 | changing Section 2 as follows:
| ||||||
3 | (225 ILCS 735/2) (from Ch. 111, par. 702) | ||||||
4 | Sec. 2. Definitions. When used in this Act, unless the | ||||||
5 | context otherwise requires, the term: | ||||||
6 | "Agent" means any person acting on behalf of a timber | ||||||
7 | buyer, employed by a timber buyer, or under an agreement, | ||||||
8 | whether oral or written, with a timber buyer who buys timber, | ||||||
9 | attempts to buy timber, procures contracts for the purchase or | ||||||
10 | cutting of timber, or attempts to procure contracts for the | ||||||
11 | purchase or cutting of timber. | ||||||
12 | "Buying timber" means to buy, barter, cut on shares, or | ||||||
13 | offer to buy, barter, cut on shares, or take possession of | ||||||
14 | timber with the consent of the timber grower. | ||||||
15 | "Department" means the Department of Natural Resources. | ||||||
16 | "Director" means the Director of Natural Resources. | ||||||
17 | "Good standing" means any person who is not: | ||||||
18 | (1) currently serving a sentence of probation, or | ||||||
19 | conditional discharge, for a violation of this Act or | ||||||
20 | administrative rules adopted under this Act; | ||||||
21 | (2) owes any amount of money pursuant to a civil | ||||||
22 | judgment regarding the sale, cutting, or transportation of | ||||||
23 | timber; | ||||||
24 | (3) owes the Department any required fee, payment, or |
| |||||||
| |||||||
1 | money required under this Act; or | ||||||
2 | (4) is currently serving a suspension or revocation of | ||||||
3 | any privilege that is granted under this Act. | ||||||
4 | "Liability insurance" means not less than $500,000 in | ||||||
5 | insurance covering a timber buyer's business and agents that | ||||||
6 | shall insure against the liability of the insured for the | ||||||
7 | death, injury, or disability of an employee or other person | ||||||
8 | and insurance against the liability of the insured for damage | ||||||
9 | to or destruction of another person's property. | ||||||
10 | "Payment receipt" means copy or duplicate of an original | ||||||
11 | receipt of payment for timber to a timber grower or duplicate | ||||||
12 | of electronic or direct payment verification of funds received | ||||||
13 | by timber grower. | ||||||
14 | "Person" means any person, partnership, firm, association, | ||||||
15 | business trust, limited liability company, or corporation. | ||||||
16 | "Proof of ownership" means a printed document provided by | ||||||
17 | the Department that serves as a written bill of lading. | ||||||
18 | "Resident" means a person who in good faith makes | ||||||
19 | application for any license or permit and verifies by | ||||||
20 | statement that the person has maintained the person's | ||||||
21 | permanent abode or headquarters in this State for a period of | ||||||
22 | at least 30 consecutive days immediately preceding the | ||||||
23 | person's application and who does not maintain a permanent | ||||||
24 | abode or headquarters or claim residency in another state for | ||||||
25 | the purposes of obtaining any of the same or similar licenses | ||||||
26 | or permits covered by this Act. A person's permanent abode or |
| |||||||
| |||||||
1 | headquarters is the person's fixed and permanent dwelling | ||||||
2 | place or main location where the person conducts business, as | ||||||
3 | distinguished from a temporary or transient place of residence | ||||||
4 | or location. | ||||||
5 | "Timber" means trees, standing or felled, and parts | ||||||
6 | thereof which can be used for sawing or processing into lumber | ||||||
7 | for building or structural purposes or for the manufacture of | ||||||
8 | any article. "Timber" does not include firewood, Christmas | ||||||
9 | trees, fruit or ornamental trees, or wood products not used or | ||||||
10 | to be used for building, structural, manufacturing, or | ||||||
11 | processing purposes. | ||||||
12 | "Timber buyer" means any person licensed or unlicensed, | ||||||
13 | who is engaged in the business of buying timber from the timber | ||||||
14 | growers thereof for sawing into lumber, for processing or for | ||||||
15 | resale, but does not include any person who occasionally | ||||||
16 | purchases timber for sawing or processing for the person's own | ||||||
17 | use and not for resale. | ||||||
18 | "Timber grower" means the owner, tenant, or operator of | ||||||
19 | land in this State who has an interest in, or is entitled to | ||||||
20 | receive any part of the proceeds from the sale of timber grown | ||||||
21 | in this State and includes persons exercising authority to | ||||||
22 | sell timber. | ||||||
23 | "Transporter" means any person acting on behalf of a | ||||||
24 | timber buyer, employed by a timber buyer, or under an | ||||||
25 | agreement, whether oral or written, with a timber buyer who | ||||||
26 | takes or carries timber from one place to another by means of a |
| |||||||
| |||||||
1 | motor vehicle. | ||||||
2 | . | ||||||
3 | (Source: P.A. 103-218, eff. 1-1-24; revised 1-2-24.)
| ||||||
4 | Section 435. The Illinois Horse Racing Act of 1975 is | ||||||
5 | amended by changing Sections 30 and 31 as follows:
| ||||||
6 | (230 ILCS 5/30) (from Ch. 8, par. 37-30) | ||||||
7 | Sec. 30. (a) The General Assembly declares that it is the | ||||||
8 | policy of this State to encourage the breeding of thoroughbred | ||||||
9 | horses in this State and the ownership of such horses by | ||||||
10 | residents of this State in order to provide for: sufficient | ||||||
11 | numbers of high quality thoroughbred horses to participate in | ||||||
12 | thoroughbred racing meetings in this State, and to establish | ||||||
13 | and preserve the agricultural and commercial benefits of such | ||||||
14 | breeding and racing industries to the State of Illinois. It is | ||||||
15 | the intent of the General Assembly to further this policy by | ||||||
16 | the provisions of this Act. | ||||||
17 | (b) Each organization licensee conducting a thoroughbred | ||||||
18 | racing meeting pursuant to this Act shall provide at least two | ||||||
19 | races each day limited to Illinois conceived and foaled horses | ||||||
20 | or Illinois foaled horses or both. A minimum of 6 races shall | ||||||
21 | be conducted each week limited to Illinois conceived and | ||||||
22 | foaled or Illinois foaled horses or both. No horses shall be | ||||||
23 | permitted to start in such races unless duly registered under | ||||||
24 | the rules of the Department of Agriculture. |
| |||||||
| |||||||
1 | (c) Conditions of races under subsection (b) shall be | ||||||
2 | commensurate with past performance, quality, and class of | ||||||
3 | Illinois conceived and foaled and Illinois foaled horses | ||||||
4 | available. If, however, sufficient competition cannot be had | ||||||
5 | among horses of that class on any day, the races may, with | ||||||
6 | consent of the Board, be eliminated for that day and | ||||||
7 | substitute races provided. | ||||||
8 | (d) There is hereby created a special fund of the State | ||||||
9 | treasury Treasury to be known as the Illinois Thoroughbred | ||||||
10 | Breeders Fund. | ||||||
11 | Beginning on June 28, 2019 (the effective date of Public | ||||||
12 | Act 101-31), the Illinois Thoroughbred Breeders Fund shall | ||||||
13 | become a non-appropriated trust fund held separate from State | ||||||
14 | moneys. Expenditures from this Fund shall no longer be subject | ||||||
15 | to appropriation. | ||||||
16 | Except as provided in subsection (g) of Section 27 of this | ||||||
17 | Act, 8.5% of all the monies received by the State as privilege | ||||||
18 | taxes on Thoroughbred racing meetings shall be paid into the | ||||||
19 | Illinois Thoroughbred Breeders Fund. | ||||||
20 | Notwithstanding any provision of law to the contrary, | ||||||
21 | amounts deposited into the Illinois Thoroughbred Breeders Fund | ||||||
22 | from revenues generated by gaming pursuant to an organization | ||||||
23 | gaming license issued under the Illinois Gambling Act after | ||||||
24 | June 28, 2019 (the effective date of Public Act 101-31) shall | ||||||
25 | be in addition to tax and fee amounts paid under this Section | ||||||
26 | for calendar year 2019 and thereafter. |
| |||||||
| |||||||
1 | (e) The Illinois Thoroughbred Breeders Fund shall be | ||||||
2 | administered by the Department of Agriculture with the advice | ||||||
3 | and assistance of the Advisory Board created in subsection (f) | ||||||
4 | of this Section. | ||||||
5 | (f) The Illinois Thoroughbred Breeders Fund Advisory Board | ||||||
6 | shall consist of the Director of the Department of | ||||||
7 | Agriculture, who shall serve as Chairman; a member of the | ||||||
8 | Illinois Racing Board, designated by it; 2 representatives of | ||||||
9 | the organization licensees conducting thoroughbred racing | ||||||
10 | meetings, recommended by them; 2 representatives of the | ||||||
11 | Illinois Thoroughbred Breeders and Owners Foundation, | ||||||
12 | recommended by it; one representative of the Horsemen's | ||||||
13 | Benevolent Protective Association; and one representative from | ||||||
14 | the Illinois Thoroughbred Horsemen's Association. Advisory | ||||||
15 | Board members shall serve for 2 years commencing January 1 of | ||||||
16 | each odd numbered year. If representatives of the organization | ||||||
17 | licensees conducting thoroughbred racing meetings, the | ||||||
18 | Illinois Thoroughbred Breeders and Owners Foundation, the | ||||||
19 | Horsemen's Benevolent Protection Association, and the Illinois | ||||||
20 | Thoroughbred Horsemen's Association have not been recommended | ||||||
21 | by January 1, of each odd numbered year, the Director of the | ||||||
22 | Department of Agriculture shall make an appointment for the | ||||||
23 | organization failing to so recommend a member of the Advisory | ||||||
24 | Board. Advisory Board members shall receive no compensation | ||||||
25 | for their services as members but shall be reimbursed for all | ||||||
26 | actual and necessary expenses and disbursements incurred in |
| |||||||
| |||||||
1 | the execution of their official duties. | ||||||
2 | (g) Monies expended from the Illinois Thoroughbred | ||||||
3 | Breeders Fund shall be expended by the Department of | ||||||
4 | Agriculture, with the advice and assistance of the Illinois | ||||||
5 | Thoroughbred Breeders Fund Advisory Board, for the following | ||||||
6 | purposes only: | ||||||
7 | (1) To provide purse supplements to owners of horses | ||||||
8 | participating in races limited to Illinois conceived and | ||||||
9 | foaled and Illinois foaled horses. Any such purse | ||||||
10 | supplements shall not be included in and shall be paid in | ||||||
11 | addition to any purses, stakes, or breeders' awards | ||||||
12 | offered by each organization licensee as determined by | ||||||
13 | agreement between such organization licensee and an | ||||||
14 | organization representing the horsemen. No monies from the | ||||||
15 | Illinois Thoroughbred Breeders Fund shall be used to | ||||||
16 | provide purse supplements for claiming races in which the | ||||||
17 | minimum claiming price is less than $7,500. | ||||||
18 | (2) To provide stakes and awards to be paid to the | ||||||
19 | owners of the winning horses in certain races limited to | ||||||
20 | Illinois conceived and foaled and Illinois foaled horses | ||||||
21 | designated as stakes races. | ||||||
22 | (2.5) To provide an award to the owner or owners of an | ||||||
23 | Illinois conceived and foaled or Illinois foaled horse | ||||||
24 | that wins a maiden special weight, an allowance, overnight | ||||||
25 | handicap race, or claiming race with claiming price of | ||||||
26 | $10,000 or more providing the race is not restricted to |
| |||||||
| |||||||
1 | Illinois conceived and foaled or Illinois foaled horses. | ||||||
2 | Awards shall also be provided to the owner or owners of | ||||||
3 | Illinois conceived and foaled and Illinois foaled horses | ||||||
4 | that place second or third in those races. To the extent | ||||||
5 | that additional moneys are required to pay the minimum | ||||||
6 | additional awards of 40% of the purse the horse earns for | ||||||
7 | placing first, second , or third in those races for | ||||||
8 | Illinois foaled horses and of 60% of the purse the horse | ||||||
9 | earns for placing first, second , or third in those races | ||||||
10 | for Illinois conceived and foaled horses, those moneys | ||||||
11 | shall be provided from the purse account at the track | ||||||
12 | where earned. | ||||||
13 | (3) To provide stallion awards to the owner or owners | ||||||
14 | of any stallion that is duly registered with the Illinois | ||||||
15 | Thoroughbred Breeders Fund Program whose duly registered | ||||||
16 | Illinois conceived and foaled offspring wins a race | ||||||
17 | conducted at an Illinois thoroughbred racing meeting other | ||||||
18 | than a claiming race, provided that the stallion stood | ||||||
19 | service within Illinois at the time the offspring was | ||||||
20 | conceived and that the stallion did not stand for service | ||||||
21 | outside of Illinois at any time during the year in which | ||||||
22 | the offspring was conceived. | ||||||
23 | (4) To provide $75,000 annually for purses to be | ||||||
24 | distributed to county fairs that provide for the running | ||||||
25 | of races during each county fair exclusively for the | ||||||
26 | thoroughbreds conceived and foaled in Illinois. The |
| |||||||
| |||||||
1 | conditions of the races shall be developed by the county | ||||||
2 | fair association and reviewed by the Department with the | ||||||
3 | advice and assistance of the Illinois Thoroughbred | ||||||
4 | Breeders Fund Advisory Board. There shall be no wagering | ||||||
5 | of any kind on the running of Illinois conceived and | ||||||
6 | foaled races at county fairs. | ||||||
7 | (4.1) To provide purse money for an Illinois stallion | ||||||
8 | stakes program. | ||||||
9 | (5) No less than 90% of all monies expended from the | ||||||
10 | Illinois Thoroughbred Breeders Fund shall be expended for | ||||||
11 | the purposes in (1), (2), (2.5), (3), (4), (4.1), and (5) | ||||||
12 | as shown above. | ||||||
13 | (6) To provide for educational programs regarding the | ||||||
14 | thoroughbred breeding industry. | ||||||
15 | (7) To provide for research programs concerning the | ||||||
16 | health, development and care of the thoroughbred horse. | ||||||
17 | (8) To provide for a scholarship and training program | ||||||
18 | for students of equine veterinary medicine. | ||||||
19 | (9) To provide for dissemination of public information | ||||||
20 | designed to promote the breeding of thoroughbred horses in | ||||||
21 | Illinois. | ||||||
22 | (10) To provide for all expenses incurred in the | ||||||
23 | administration of the Illinois Thoroughbred Breeders Fund. | ||||||
24 | (h) The Illinois Thoroughbred Breeders Fund is not subject | ||||||
25 | to administrative charges or chargebacks, including, but not | ||||||
26 | limited to, those authorized under Section 8h of the State |
| |||||||
| |||||||
1 | Finance Act. | ||||||
2 | (i) A sum equal to 13% of the first prize money of every | ||||||
3 | purse won by an Illinois foaled or Illinois conceived and | ||||||
4 | foaled horse in races not limited to Illinois foaled horses or | ||||||
5 | Illinois conceived and foaled horses, or both, shall be paid | ||||||
6 | by the organization licensee conducting the horse race | ||||||
7 | meeting. Such sum shall be paid 50% from the organization | ||||||
8 | licensee's share of the money wagered and 50% from the purse | ||||||
9 | account as follows: 11 1/2% to the breeder of the winning horse | ||||||
10 | and 1 1/2% to the organization representing thoroughbred | ||||||
11 | breeders and owners who representative serves on the Illinois | ||||||
12 | Thoroughbred Breeders Fund Advisory Board for verifying the | ||||||
13 | amounts of breeders' awards earned, ensuring their | ||||||
14 | distribution in accordance with this Act, and servicing and | ||||||
15 | promoting the Illinois thoroughbred horse racing industry. | ||||||
16 | Beginning in the calendar year in which an organization | ||||||
17 | licensee that is eligible to receive payments under paragraph | ||||||
18 | (13) of subsection (g) of Section 26 of this Act begins to | ||||||
19 | receive funds from gaming pursuant to an organization gaming | ||||||
20 | license issued under the Illinois Gambling Act, a sum equal to | ||||||
21 | 21 1/2% of the first prize money of every purse won by an | ||||||
22 | Illinois foaled or an Illinois conceived and foaled horse in | ||||||
23 | races not limited to an Illinois conceived and foaled horse, | ||||||
24 | or both, shall be paid 30% from the organization licensee's | ||||||
25 | account and 70% from the purse account as follows: 20% to the | ||||||
26 | breeder of the winning horse and 1 1/2% to the organization |
| |||||||
| |||||||
1 | representing thoroughbred breeders and owners whose | ||||||
2 | representatives serve on the Illinois Thoroughbred Breeders | ||||||
3 | Fund Advisory Board for verifying the amounts of breeders' | ||||||
4 | awards earned, ensuring their distribution in accordance with | ||||||
5 | this Act, and servicing and promoting the Illinois | ||||||
6 | Thoroughbred racing industry. The organization representing | ||||||
7 | thoroughbred breeders and owners shall cause all expenditures | ||||||
8 | of monies received under this subsection (i) to be audited at | ||||||
9 | least annually by a registered public accountant. The | ||||||
10 | organization shall file copies of each annual audit with the | ||||||
11 | Racing Board, the Clerk of the House of Representatives and | ||||||
12 | the Secretary of the Senate, and shall make copies of each | ||||||
13 | annual audit available to the public upon request and upon | ||||||
14 | payment of the reasonable cost of photocopying the requested | ||||||
15 | number of copies. Such payments shall not reduce any award to | ||||||
16 | the owner of the horse or reduce the taxes payable under this | ||||||
17 | Act. Upon completion of its racing meet, each organization | ||||||
18 | licensee shall deliver to the organization representing | ||||||
19 | thoroughbred breeders and owners whose representative serves | ||||||
20 | on the Illinois Thoroughbred Breeders Fund Advisory Board a | ||||||
21 | listing of all the Illinois foaled and the Illinois conceived | ||||||
22 | and foaled horses which won breeders' awards and the amount of | ||||||
23 | such breeders' awards under this subsection to verify accuracy | ||||||
24 | of payments and assure proper distribution of breeders' awards | ||||||
25 | in accordance with the provisions of this Act. Such payments | ||||||
26 | shall be delivered by the organization licensee within 30 days |
| |||||||
| |||||||
1 | of the end of each race meeting. | ||||||
2 | (j) A sum equal to 13% of the first prize money won in | ||||||
3 | every race limited to Illinois foaled horses or Illinois | ||||||
4 | conceived and foaled horses, or both, shall be paid in the | ||||||
5 | following manner by the organization licensee conducting the | ||||||
6 | horse race meeting, 50% from the organization licensee's share | ||||||
7 | of the money wagered and 50% from the purse account as follows: | ||||||
8 | 11 1/2% to the breeders of the horses in each such race which | ||||||
9 | are the official first, second, third, and fourth finishers | ||||||
10 | and 1 1/2% to the organization representing thoroughbred | ||||||
11 | breeders and owners whose representatives serve on the | ||||||
12 | Illinois Thoroughbred Breeders Fund Advisory Board for | ||||||
13 | verifying the amounts of breeders' awards earned, ensuring | ||||||
14 | their proper distribution in accordance with this Act, and | ||||||
15 | servicing and promoting the Illinois horse racing industry. | ||||||
16 | Beginning in the calendar year in which an organization | ||||||
17 | licensee that is eligible to receive payments under paragraph | ||||||
18 | (13) of subsection (g) of Section 26 of this Act begins to | ||||||
19 | receive funds from gaming pursuant to an organization gaming | ||||||
20 | license issued under the Illinois Gambling Act, a sum of 21 | ||||||
21 | 1/2% of every purse in a race limited to Illinois foaled horses | ||||||
22 | or Illinois conceived and foaled horses, or both, shall be | ||||||
23 | paid by the organization licensee conducting the horse race | ||||||
24 | meeting. Such sum shall be paid 30% from the organization | ||||||
25 | licensee's account and 70% from the purse account as follows: | ||||||
26 | 20% to the breeders of the horses in each such race who are |
| |||||||
| |||||||
1 | official first, second, third and fourth finishers and 1 1/2% | ||||||
2 | to the organization representing thoroughbred breeders and | ||||||
3 | owners whose representatives serve on the Illinois | ||||||
4 | Thoroughbred Breeders Fund Advisory Board for verifying the | ||||||
5 | amounts of breeders' awards earned, ensuring their proper | ||||||
6 | distribution in accordance with this Act, and servicing and | ||||||
7 | promoting the Illinois thoroughbred horse racing industry. The | ||||||
8 | organization representing thoroughbred breeders and owners | ||||||
9 | shall cause all expenditures of moneys received under this | ||||||
10 | subsection (j) to be audited at least annually by a registered | ||||||
11 | public accountant. The organization shall file copies of each | ||||||
12 | annual audit with the Racing Board, the Clerk of the House of | ||||||
13 | Representatives and the Secretary of the Senate, and shall | ||||||
14 | make copies of each annual audit available to the public upon | ||||||
15 | request and upon payment of the reasonable cost of | ||||||
16 | photocopying the requested number of copies. The copies of the | ||||||
17 | audit to the General Assembly shall be filed with the Clerk of | ||||||
18 | the House of Representatives and the Secretary of the Senate | ||||||
19 | in electronic form only, in the manner that the Clerk and the | ||||||
20 | Secretary shall direct. | ||||||
21 | The amounts paid to the breeders in accordance with this | ||||||
22 | subsection shall be distributed as follows: | ||||||
23 | (1) 60% of such sum shall be paid to the breeder of the | ||||||
24 | horse which finishes in the official first position; | ||||||
25 | (2) 20% of such sum shall be paid to the breeder of the | ||||||
26 | horse which finishes in the official second position; |
| |||||||
| |||||||
1 | (3) 15% of such sum shall be paid to the breeder of the | ||||||
2 | horse which finishes in the official third position; and | ||||||
3 | (4) 5% of such sum shall be paid to the breeder of the | ||||||
4 | horse which finishes in the official fourth position. | ||||||
5 | Such payments shall not reduce any award to the owners of a | ||||||
6 | horse or reduce the taxes payable under this Act. Upon | ||||||
7 | completion of its racing meet, each organization licensee | ||||||
8 | shall deliver to the organization representing thoroughbred | ||||||
9 | breeders and owners whose representative serves on the | ||||||
10 | Illinois Thoroughbred Breeders Fund Advisory Board a listing | ||||||
11 | of all the Illinois foaled and the Illinois conceived and | ||||||
12 | foaled horses which won breeders' awards and the amount of | ||||||
13 | such breeders' awards in accordance with the provisions of | ||||||
14 | this Act. Such payments shall be delivered by the organization | ||||||
15 | licensee within 30 days of the end of each race meeting. | ||||||
16 | (k) The term "breeder", as used herein, means the owner of | ||||||
17 | the mare at the time the foal is dropped. An "Illinois foaled | ||||||
18 | horse" is a foal dropped by a mare which enters this State on | ||||||
19 | or before December 1, in the year in which the horse is bred, | ||||||
20 | provided the mare remains continuously in this State until its | ||||||
21 | foal is born. An "Illinois foaled horse" also means a foal born | ||||||
22 | of a mare in the same year as the mare enters this State on or | ||||||
23 | before March 1, and remains in this State at least 30 days | ||||||
24 | after foaling, is bred back during the season of the foaling to | ||||||
25 | an Illinois Registered Stallion (unless a veterinarian | ||||||
26 | certifies that the mare should not be bred for health |
| |||||||
| |||||||
1 | reasons), and is not bred to a stallion standing in any other | ||||||
2 | state during the season of foaling. An "Illinois foaled horse" | ||||||
3 | also means a foal born in Illinois of a mare purchased at | ||||||
4 | public auction subsequent to the mare entering this State on | ||||||
5 | or before March 1 of the foaling year providing the mare is | ||||||
6 | owned solely by one or more Illinois residents or an Illinois | ||||||
7 | entity that is entirely owned by one or more Illinois | ||||||
8 | residents. | ||||||
9 | (l) The Department of Agriculture shall, by rule, with the | ||||||
10 | advice and assistance of the Illinois Thoroughbred Breeders | ||||||
11 | Fund Advisory Board: | ||||||
12 | (1) Qualify stallions for Illinois breeding; such | ||||||
13 | stallions to stand for service within the State of | ||||||
14 | Illinois at the time of a foal's conception. Such stallion | ||||||
15 | must not stand for service at any place outside the State | ||||||
16 | of Illinois during the calendar year in which the foal is | ||||||
17 | conceived. The Department of Agriculture may assess and | ||||||
18 | collect an application fee of up to $500 for the | ||||||
19 | registration of Illinois-eligible stallions. All fees | ||||||
20 | collected are to be held in trust accounts for the | ||||||
21 | purposes set forth in this Act and in accordance with | ||||||
22 | Section 205-15 of the Department of Agriculture Law. | ||||||
23 | (2) Provide for the registration of Illinois conceived | ||||||
24 | and foaled horses and Illinois foaled horses. No such | ||||||
25 | horse shall compete in the races limited to Illinois | ||||||
26 | conceived and foaled horses or Illinois foaled horses or |
| |||||||
| |||||||
1 | both unless registered with the Department of Agriculture. | ||||||
2 | The Department of Agriculture may prescribe such forms as | ||||||
3 | are necessary to determine the eligibility of such horses. | ||||||
4 | The Department of Agriculture may assess and collect | ||||||
5 | application fees for the registration of Illinois-eligible | ||||||
6 | foals. All fees collected are to be held in trust accounts | ||||||
7 | for the purposes set forth in this Act and in accordance | ||||||
8 | with Section 205-15 of the Department of Agriculture Law. | ||||||
9 | No person shall knowingly prepare or cause preparation of | ||||||
10 | an application for registration of such foals containing | ||||||
11 | false information. | ||||||
12 | (m) The Department of Agriculture, with the advice and | ||||||
13 | assistance of the Illinois Thoroughbred Breeders Fund Advisory | ||||||
14 | Board, shall provide that certain races limited to Illinois | ||||||
15 | conceived and foaled and Illinois foaled horses be stakes | ||||||
16 | races and determine the total amount of stakes and awards to be | ||||||
17 | paid to the owners of the winning horses in such races. | ||||||
18 | In determining the stakes races and the amount of awards | ||||||
19 | for such races, the Department of Agriculture shall consider | ||||||
20 | factors, including , but not limited to, the amount of money | ||||||
21 | transferred into the Illinois Thoroughbred Breeders Fund, | ||||||
22 | organization licensees' contributions, availability of stakes | ||||||
23 | caliber horses as demonstrated by past performances, whether | ||||||
24 | the race can be coordinated into the proposed racing dates | ||||||
25 | within organization licensees' racing dates, opportunity for | ||||||
26 | colts and fillies and various age groups to race, public |
| |||||||
| |||||||
1 | wagering on such races, and the previous racing schedule. | ||||||
2 | (n) The Board and the organization licensee shall notify | ||||||
3 | the Department of the conditions and minimum purses for races | ||||||
4 | limited to Illinois conceived and foaled and Illinois foaled | ||||||
5 | horses conducted for each organization licensee conducting a | ||||||
6 | thoroughbred racing meeting. The Department of Agriculture | ||||||
7 | with the advice and assistance of the Illinois Thoroughbred | ||||||
8 | Breeders Fund Advisory Board may allocate monies for purse | ||||||
9 | supplements for such races. In determining whether to allocate | ||||||
10 | money and the amount, the Department of Agriculture shall | ||||||
11 | consider factors, including , but not limited to, the amount of | ||||||
12 | money transferred into the Illinois Thoroughbred Breeders | ||||||
13 | Fund, the number of races that may occur, and the organization | ||||||
14 | licensee's purse structure. | ||||||
15 | (o) (Blank). | ||||||
16 | (Source: P.A. 103-8, eff. 6-7-23; revised 9-26-23.)
| ||||||
17 | (230 ILCS 5/31) (from Ch. 8, par. 37-31) | ||||||
18 | Sec. 31. (a) The General Assembly declares that it is the | ||||||
19 | policy of this State to encourage the breeding of standardbred | ||||||
20 | horses in this State and the ownership of such horses by | ||||||
21 | residents of this State in order to provide for: sufficient | ||||||
22 | numbers of high quality standardbred horses to participate in | ||||||
23 | harness racing meetings in this State, and to establish and | ||||||
24 | preserve the agricultural and commercial benefits of such | ||||||
25 | breeding and racing industries to the State of Illinois. It is |
| |||||||
| |||||||
1 | the intent of the General Assembly to further this policy by | ||||||
2 | the provisions of this Section of this Act. | ||||||
3 | (b) Each organization licensee conducting a harness racing | ||||||
4 | meeting pursuant to this Act shall provide for at least two | ||||||
5 | races each race program limited to Illinois conceived and | ||||||
6 | foaled horses. A minimum of 6 races shall be conducted each | ||||||
7 | week limited to Illinois conceived and foaled horses. No | ||||||
8 | horses shall be permitted to start in such races unless duly | ||||||
9 | registered under the rules of the Department of Agriculture. | ||||||
10 | (b-5) Organization licensees, not including the Illinois | ||||||
11 | State Fair or the DuQuoin State Fair, shall provide stake | ||||||
12 | races and early closer races for Illinois conceived and foaled | ||||||
13 | horses so that purses distributed for such races shall be no | ||||||
14 | less than 17% of total purses distributed for harness racing | ||||||
15 | in that calendar year in addition to any stakes payments and | ||||||
16 | starting fees contributed by horse owners. | ||||||
17 | (b-10) Each organization licensee conducting a harness | ||||||
18 | racing meeting pursuant to this Act shall provide an owner | ||||||
19 | award to be paid from the purse account equal to 12% of the | ||||||
20 | amount earned by Illinois conceived and foaled horses | ||||||
21 | finishing in the first 3 positions in races that are not | ||||||
22 | restricted to Illinois conceived and foaled horses. The owner | ||||||
23 | awards shall not be paid on races below the $10,000 claiming | ||||||
24 | class. | ||||||
25 | (c) Conditions of races under subsection (b) shall be | ||||||
26 | commensurate with past performance, quality , and class of |
| |||||||
| |||||||
1 | Illinois conceived and foaled horses available. If, however, | ||||||
2 | sufficient competition cannot be had among horses of that | ||||||
3 | class on any day, the races may, with consent of the Board, be | ||||||
4 | eliminated for that day and substitute races provided. | ||||||
5 | (d) There is hereby created a special fund of the State | ||||||
6 | treasury Treasury to be known as the Illinois Standardbred | ||||||
7 | Breeders Fund. Beginning on June 28, 2019 (the effective date | ||||||
8 | of Public Act 101-31), the Illinois Standardbred Breeders Fund | ||||||
9 | shall become a non-appropriated trust fund held separate and | ||||||
10 | apart from State moneys. Expenditures from this Fund shall no | ||||||
11 | longer be subject to appropriation. | ||||||
12 | During the calendar year 1981, and each year thereafter, | ||||||
13 | except as provided in subsection (g) of Section 27 of this Act, | ||||||
14 | eight and one-half per cent of all the monies received by the | ||||||
15 | State as privilege taxes on harness racing meetings shall be | ||||||
16 | paid into the Illinois Standardbred Breeders Fund. | ||||||
17 | (e) Notwithstanding any provision of law to the contrary, | ||||||
18 | amounts deposited into the Illinois Standardbred Breeders Fund | ||||||
19 | from revenues generated by gaming pursuant to an organization | ||||||
20 | gaming license issued under the Illinois Gambling Act after | ||||||
21 | June 28, 2019 (the effective date of Public Act 101-31) shall | ||||||
22 | be in addition to tax and fee amounts paid under this Section | ||||||
23 | for calendar year 2019 and thereafter. The Illinois | ||||||
24 | Standardbred Breeders Fund shall be administered by the | ||||||
25 | Department of Agriculture with the assistance and advice of | ||||||
26 | the Advisory Board created in subsection (f) of this Section. |
| |||||||
| |||||||
1 | (f) The Illinois Standardbred Breeders Fund Advisory Board | ||||||
2 | is hereby created. The Advisory Board shall consist of the | ||||||
3 | Director of the Department of Agriculture, who shall serve as | ||||||
4 | Chairman; the Superintendent of the Illinois State Fair; a | ||||||
5 | member of the Illinois Racing Board, designated by it; a | ||||||
6 | representative of the largest association of Illinois | ||||||
7 | standardbred owners and breeders, recommended by it; a | ||||||
8 | representative of a statewide association representing | ||||||
9 | agricultural fairs in Illinois, recommended by it, such | ||||||
10 | representative to be from a fair at which Illinois conceived | ||||||
11 | and foaled racing is conducted; a representative of the | ||||||
12 | organization licensees conducting harness racing meetings, | ||||||
13 | recommended by them; a representative of the Breeder's | ||||||
14 | Committee of the association representing the largest number | ||||||
15 | of standardbred owners, breeders, trainers, caretakers, and | ||||||
16 | drivers, recommended by it; and a representative of the | ||||||
17 | association representing the largest number of standardbred | ||||||
18 | owners, breeders, trainers, caretakers, and drivers, | ||||||
19 | recommended by it. Advisory Board members shall serve for 2 | ||||||
20 | years commencing January 1 of each odd numbered year. If | ||||||
21 | representatives of the largest association of Illinois | ||||||
22 | standardbred owners and breeders, a statewide association of | ||||||
23 | agricultural fairs in Illinois, the association representing | ||||||
24 | the largest number of standardbred owners, breeders, trainers, | ||||||
25 | caretakers, and drivers, a member of the Breeder's Committee | ||||||
26 | of the association representing the largest number of |
| |||||||
| |||||||
1 | standardbred owners, breeders, trainers, caretakers, and | ||||||
2 | drivers, and the organization licensees conducting harness | ||||||
3 | racing meetings have not been recommended by January 1 of each | ||||||
4 | odd numbered year, the Director of the Department of | ||||||
5 | Agriculture shall make an appointment for the organization | ||||||
6 | failing to so recommend a member of the Advisory Board. | ||||||
7 | Advisory Board members shall receive no compensation for their | ||||||
8 | services as members but shall be reimbursed for all actual and | ||||||
9 | necessary expenses and disbursements incurred in the execution | ||||||
10 | of their official duties. | ||||||
11 | (g) Monies expended from the Illinois Standardbred | ||||||
12 | Breeders Fund shall be expended by the Department of | ||||||
13 | Agriculture, with the assistance and advice of the Illinois | ||||||
14 | Standardbred Breeders Fund Advisory Board for the following | ||||||
15 | purposes only: | ||||||
16 | 1. To provide purses for races limited to Illinois | ||||||
17 | conceived and foaled horses at the State Fair and the | ||||||
18 | DuQuoin State Fair. | ||||||
19 | 2. To provide purses for races limited to Illinois | ||||||
20 | conceived and foaled horses at county fairs. | ||||||
21 | 3. To provide purse supplements for races limited to | ||||||
22 | Illinois conceived and foaled horses conducted by | ||||||
23 | associations conducting harness racing meetings. | ||||||
24 | 4. No less than 75% of all monies in the Illinois | ||||||
25 | Standardbred Breeders Fund shall be expended for purses in | ||||||
26 | 1, 2, and 3 as shown above. |
| |||||||
| |||||||
1 | 5. In the discretion of the Department of Agriculture | ||||||
2 | to provide awards to harness breeders of Illinois | ||||||
3 | conceived and foaled horses which win races conducted by | ||||||
4 | organization licensees conducting harness racing meetings. | ||||||
5 | A breeder is the owner of a mare at the time of conception. | ||||||
6 | No more than 10% of all moneys transferred into the | ||||||
7 | Illinois Standardbred Breeders Fund shall be expended for | ||||||
8 | such harness breeders awards. No more than 25% of the | ||||||
9 | amount expended for harness breeders awards shall be | ||||||
10 | expended for expenses incurred in the administration of | ||||||
11 | such harness breeders awards. | ||||||
12 | 6. To pay for the improvement of racing facilities | ||||||
13 | located at the State Fair and County fairs. | ||||||
14 | 7. To pay the expenses incurred in the administration | ||||||
15 | of the Illinois Standardbred Breeders Fund. | ||||||
16 | 8. To promote the sport of harness racing, including | ||||||
17 | grants up to a maximum of $7,500 per fair per year for | ||||||
18 | conducting pari-mutuel wagering during the advertised | ||||||
19 | dates of a county fair. | ||||||
20 | 9. To pay up to $50,000 annually for the Department of | ||||||
21 | Agriculture to conduct drug testing at county fairs racing | ||||||
22 | standardbred horses. | ||||||
23 | (h) The Illinois Standardbred Breeders Fund is not subject | ||||||
24 | to administrative charges or chargebacks, including, but not | ||||||
25 | limited to, those authorized under Section 8h of the State | ||||||
26 | Finance Act. |
| |||||||
| |||||||
1 | (i) A sum equal to 13% of the first prize money of the | ||||||
2 | gross purse won by an Illinois conceived and foaled horse | ||||||
3 | shall be paid 50% by the organization licensee conducting the | ||||||
4 | horse race meeting to the breeder of such winning horse from | ||||||
5 | the organization licensee's account and 50% from the purse | ||||||
6 | account of the licensee. Such payment shall not reduce any | ||||||
7 | award to the owner of the horse or reduce the taxes payable | ||||||
8 | under this Act. Such payment shall be delivered by the | ||||||
9 | organization licensee at the end of each quarter. | ||||||
10 | (j) The Department of Agriculture shall, by rule, with the | ||||||
11 | assistance and advice of the Illinois Standardbred Breeders | ||||||
12 | Fund Advisory Board: | ||||||
13 | 1. Qualify stallions for Illinois Standardbred | ||||||
14 | Breeders Fund breeding. Such stallion shall stand for | ||||||
15 | service at and within the State of Illinois at the time of | ||||||
16 | a foal's conception, and such stallion must not stand for | ||||||
17 | service at any place outside the State of Illinois during | ||||||
18 | that calendar year in which the foal is conceived. | ||||||
19 | However, on and after January 1, 2018, semen from an | ||||||
20 | Illinois stallion may be transported outside the State of | ||||||
21 | Illinois. | ||||||
22 | 2. Provide for the registration of Illinois conceived | ||||||
23 | and foaled horses and no such horse shall compete in the | ||||||
24 | races limited to Illinois conceived and foaled horses | ||||||
25 | unless registered with the Department of Agriculture. The | ||||||
26 | Department of Agriculture may prescribe such forms as may |
| |||||||
| |||||||
1 | be necessary to determine the eligibility of such horses. | ||||||
2 | No person shall knowingly prepare or cause preparation of | ||||||
3 | an application for registration of such foals containing | ||||||
4 | false information. A mare (dam) must be in the State at | ||||||
5 | least 30 days prior to foaling or remain in the State at | ||||||
6 | least 30 days at the time of foaling. However, the | ||||||
7 | requirement that a mare (dam) must be in the State at least | ||||||
8 | 30 days before foaling or remain in the State at least 30 | ||||||
9 | days at the time of foaling shall not be in effect from | ||||||
10 | January 1, 2018 until January 1, 2022. Beginning with the | ||||||
11 | 1996 breeding season and for foals of 1997 and thereafter, | ||||||
12 | a foal conceived by transported semen may be eligible for | ||||||
13 | Illinois conceived and foaled registration provided all | ||||||
14 | breeding and foaling requirements are met. The stallion | ||||||
15 | must be qualified for Illinois Standardbred Breeders Fund | ||||||
16 | breeding at the time of conception. The foal must be | ||||||
17 | dropped in Illinois and properly registered with the | ||||||
18 | Department of Agriculture in accordance with this Act. | ||||||
19 | However, from January 1, 2018 until January 1, 2022, the | ||||||
20 | requirement for a mare to be inseminated within the State | ||||||
21 | of Illinois and the requirement for a foal to be dropped in | ||||||
22 | Illinois are inapplicable. | ||||||
23 | 3. Provide that at least a 5-day racing program shall | ||||||
24 | be conducted at the State Fair each year, unless an | ||||||
25 | alternate racing program is requested by the Illinois | ||||||
26 | Standardbred Breeders Fund Advisory Board, which program |
| |||||||
| |||||||
1 | shall include at least the following races limited to | ||||||
2 | Illinois conceived and foaled horses: (a) a 2-year-old | ||||||
3 | Trot and Pace, and Filly Division of each; (b) a | ||||||
4 | 3-year-old Trot and Pace, and Filly Division of each; (c) | ||||||
5 | an aged Trot and Pace, and Mare Division of each. | ||||||
6 | 4. Provide for the payment of nominating, sustaining , | ||||||
7 | and starting fees for races promoting the sport of harness | ||||||
8 | racing and for the races to be conducted at the State Fair | ||||||
9 | as provided in paragraph subsection (j) 3 of this | ||||||
10 | subsection Section provided that the nominating, | ||||||
11 | sustaining , and starting payment required from an entrant | ||||||
12 | shall not exceed 2% of the purse of such race. All | ||||||
13 | nominating, sustaining , and starting payments shall be | ||||||
14 | held for the benefit of entrants and shall be paid out as | ||||||
15 | part of the respective purses for such races. Nominating, | ||||||
16 | sustaining , and starting fees shall be held in trust | ||||||
17 | accounts for the purposes as set forth in this Act and in | ||||||
18 | accordance with Section 205-15 of the Department of | ||||||
19 | Agriculture Law. | ||||||
20 | 5. Provide for the registration with the Department of | ||||||
21 | Agriculture of Colt Associations or county fairs desiring | ||||||
22 | to sponsor races at county fairs. | ||||||
23 | 6. Provide for the promotion of producing standardbred | ||||||
24 | racehorses by providing a bonus award program for owners | ||||||
25 | of 2-year-old horses that win multiple major stakes races | ||||||
26 | that are limited to Illinois conceived and foaled horses. |
| |||||||
| |||||||
1 | (k) The Department of Agriculture, with the advice and | ||||||
2 | assistance of the Illinois Standardbred Breeders Fund Advisory | ||||||
3 | Board, may allocate monies for purse supplements for such | ||||||
4 | races. In determining whether to allocate money and the | ||||||
5 | amount, the Department of Agriculture shall consider factors, | ||||||
6 | including, but not limited to, the amount of money transferred | ||||||
7 | into the Illinois Standardbred Breeders Fund, the number of | ||||||
8 | races that may occur, and an organization licensee's purse | ||||||
9 | structure. The organization licensee shall notify the | ||||||
10 | Department of Agriculture of the conditions and minimum purses | ||||||
11 | for races limited to Illinois conceived and foaled horses to | ||||||
12 | be conducted by each organization licensee conducting a | ||||||
13 | harness racing meeting for which purse supplements have been | ||||||
14 | negotiated. | ||||||
15 | (l) All races held at county fairs and the State Fair which | ||||||
16 | receive funds from the Illinois Standardbred Breeders Fund | ||||||
17 | shall be conducted in accordance with the rules of the United | ||||||
18 | States Trotting Association unless otherwise modified by the | ||||||
19 | Department of Agriculture. | ||||||
20 | (m) At all standardbred race meetings held or conducted | ||||||
21 | under authority of a license granted by the Board, and at all | ||||||
22 | standardbred races held at county fairs which are approved by | ||||||
23 | the Department of Agriculture or at the Illinois or DuQuoin | ||||||
24 | State Fairs, no one shall jog, train, warm up , or drive a | ||||||
25 | standardbred horse unless he or she is wearing a protective | ||||||
26 | safety helmet, with the chin strap fastened and in place, |
| |||||||||||||||||
| |||||||||||||||||
1 | which meets the standards and requirements as set forth in the | ||||||||||||||||
2 | 1984 Standard for Protective Headgear for Use in Harness | ||||||||||||||||
3 | Racing and Other Equestrian Sports published by the Snell | ||||||||||||||||
4 | Memorial Foundation, or any standards and requirements for | ||||||||||||||||
5 | headgear the Illinois Racing Board may approve. Any other | ||||||||||||||||
6 | standards and requirements so approved by the Board shall | ||||||||||||||||
7 | equal or exceed those published by the Snell Memorial | ||||||||||||||||
8 | Foundation. Any equestrian helmet bearing the Snell label | ||||||||||||||||
9 | shall be deemed to have met those standards and requirements. | ||||||||||||||||
10 | (Source: P.A. 102-558, eff. 8-20-21; 102-689, eff. 12-17-21; | ||||||||||||||||
11 | 103-8, eff. 6-7-23; revised 9-26-23.)
| ||||||||||||||||
12 | Section 440. The Liquor Control Act of 1934 is amended by | ||||||||||||||||
13 | changing Section 5-3 as follows:
| ||||||||||||||||
14 | (235 ILCS 5/5-3) (from Ch. 43, par. 118) | ||||||||||||||||
15 | Sec. 5-3. License fees. Except as otherwise provided | ||||||||||||||||
16 | herein, at the time application is made to the State | ||||||||||||||||
17 | Commission for a license of any class, the applicant shall pay | ||||||||||||||||
18 | to the State Commission the fee hereinafter provided for the | ||||||||||||||||
19 | kind of license applied for. | ||||||||||||||||
20 | The fee for licenses issued by the State Commission shall | ||||||||||||||||
21 | be as follows: | ||||||||||||||||
|
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
13 | Fees collected under this Section shall be paid into the | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
14 | Dram Shop Fund. The State Commission shall waive license | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
15 | renewal fees for those retailers' licenses that are designated | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
16 | as "1A" by the State Commission and expire on or after July 1, | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
17 | 2022, and on or before June 30, 2023. One-half of the funds | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
18 | received for a retailer's license shall be paid into the Dram | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
19 | Shop Fund and one-half of the funds received for a retailer's | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
20 | license shall be paid into the General Revenue Fund. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
21 | No fee shall be paid for licenses issued by the State | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
22 | Commission to the following non-beverage users: | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
23 | (a) Hospitals, sanitariums, or clinics when their use | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
24 | of alcoholic liquor is exclusively medicinal, mechanical , | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
25 | or scientific. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
26 | (b) Universities, colleges of learning , or schools |
| |||||||
| |||||||
1 | when their use of alcoholic liquor is exclusively | ||||||
2 | medicinal, mechanical , or scientific. | ||||||
3 | (c) Laboratories when their use is exclusively for the | ||||||
4 | purpose of scientific research. | ||||||
5 | (Source: P.A. 102-442, eff. 8-20-21; 102-558, eff. 8-20-21; | ||||||
6 | 102-699, eff. 4-19-22; 102-1142, eff. 2-17-23; 103-154, eff. | ||||||
7 | 6-30-23; revised 9-5-23.)
| ||||||
8 | Section 445. The Illinois Public Aid Code is amended by | ||||||
9 | changing Sections 5-4.2, 5-5, 5-5.01a, 5-5.05, 5-5.2, 5-16.8, | ||||||
10 | 5A-12.7, 6-9, and 6-12, by setting forth, renumbering, and | ||||||
11 | changing multiple versions of Section 5-47, and by setting | ||||||
12 | forth and renumbering multiple versions of Section 12-4.57 as | ||||||
13 | follows:
| ||||||
14 | (305 ILCS 5/5-4.2) | ||||||
15 | Sec. 5-4.2. Ambulance services payments. | ||||||
16 | (a) For ambulance services provided to a recipient of aid | ||||||
17 | under this Article on or after January 1, 1993, the Illinois | ||||||
18 | Department shall reimburse ambulance service providers at | ||||||
19 | rates calculated in accordance with this Section. It is the | ||||||
20 | intent of the General Assembly to provide adequate | ||||||
21 | reimbursement for ambulance services so as to ensure adequate | ||||||
22 | access to services for recipients of aid under this Article | ||||||
23 | and to provide appropriate incentives to ambulance service | ||||||
24 | providers to provide services in an efficient and |
| |||||||
| |||||||
1 | cost-effective manner. Thus, it is the intent of the General | ||||||
2 | Assembly that the Illinois Department implement a | ||||||
3 | reimbursement system for ambulance services that, to the | ||||||
4 | extent practicable and subject to the availability of funds | ||||||
5 | appropriated by the General Assembly for this purpose, is | ||||||
6 | consistent with the payment principles of Medicare. To ensure | ||||||
7 | uniformity between the payment principles of Medicare and | ||||||
8 | Medicaid, the Illinois Department shall follow, to the extent | ||||||
9 | necessary and practicable and subject to the availability of | ||||||
10 | funds appropriated by the General Assembly for this purpose, | ||||||
11 | the statutes, laws, regulations, policies, procedures, | ||||||
12 | principles, definitions, guidelines, and manuals used to | ||||||
13 | determine the amounts paid to ambulance service providers | ||||||
14 | under Title XVIII of the Social Security Act (Medicare). | ||||||
15 | (b) For ambulance services provided to a recipient of aid | ||||||
16 | under this Article on or after January 1, 1996, the Illinois | ||||||
17 | Department shall reimburse ambulance service providers based | ||||||
18 | upon the actual distance traveled if a natural disaster, | ||||||
19 | weather conditions, road repairs, or traffic congestion | ||||||
20 | necessitates the use of a route other than the most direct | ||||||
21 | route. | ||||||
22 | (c) For purposes of this Section, "ambulance services" | ||||||
23 | includes medical transportation services provided by means of | ||||||
24 | an ambulance, air ambulance, medi-car, service car, or taxi. | ||||||
25 | (c-1) For purposes of this Section, "ground ambulance | ||||||
26 | service" means medical transportation services that are |
| |||||||
| |||||||
1 | described as ground ambulance services by the Centers for | ||||||
2 | Medicare and Medicaid Services and provided in a vehicle that | ||||||
3 | is licensed as an ambulance by the Illinois Department of | ||||||
4 | Public Health pursuant to the Emergency Medical Services (EMS) | ||||||
5 | Systems Act. | ||||||
6 | (c-2) For purposes of this Section, "ground ambulance | ||||||
7 | service provider" means a vehicle service provider as | ||||||
8 | described in the Emergency Medical Services (EMS) Systems Act | ||||||
9 | that operates licensed ambulances for the purpose of providing | ||||||
10 | emergency ambulance services, or non-emergency ambulance | ||||||
11 | services, or both. For purposes of this Section, this includes | ||||||
12 | both ambulance providers and ambulance suppliers as described | ||||||
13 | by the Centers for Medicare and Medicaid Services. | ||||||
14 | (c-3) For purposes of this Section, "medi-car" means | ||||||
15 | transportation services provided to a patient who is confined | ||||||
16 | to a wheelchair and requires the use of a hydraulic or electric | ||||||
17 | lift or ramp and wheelchair lockdown when the patient's | ||||||
18 | condition does not require medical observation, medical | ||||||
19 | supervision, medical equipment, the administration of | ||||||
20 | medications, or the administration of oxygen. | ||||||
21 | (c-4) For purposes of this Section, "service car" means | ||||||
22 | transportation services provided to a patient by a passenger | ||||||
23 | vehicle where that patient does not require the specialized | ||||||
24 | modes described in subsection (c-1) or (c-3). | ||||||
25 | (c-5) For purposes of this Section, "air ambulance | ||||||
26 | service" means medical transport by helicopter or airplane for |
| |||||||
| |||||||
1 | patients, as defined in 29 U.S.C. 1185f(c)(1), and any service | ||||||
2 | that is described as an air ambulance service by the federal | ||||||
3 | Centers for Medicare and Medicaid Services. | ||||||
4 | (d) This Section does not prohibit separate billing by | ||||||
5 | ambulance service providers for oxygen furnished while | ||||||
6 | providing advanced life support services. | ||||||
7 | (e) Beginning with services rendered on or after July 1, | ||||||
8 | 2008, all providers of non-emergency medi-car and service car | ||||||
9 | transportation must certify that the driver and employee | ||||||
10 | attendant, as applicable, have completed a safety program | ||||||
11 | approved by the Department to protect both the patient and the | ||||||
12 | driver, prior to transporting a patient. The provider must | ||||||
13 | maintain this certification in its records. The provider shall | ||||||
14 | produce such documentation upon demand by the Department or | ||||||
15 | its representative. Failure to produce documentation of such | ||||||
16 | training shall result in recovery of any payments made by the | ||||||
17 | Department for services rendered by a non-certified driver or | ||||||
18 | employee attendant. Medi-car and service car providers must | ||||||
19 | maintain legible documentation in their records of the driver | ||||||
20 | and, as applicable, employee attendant that actually | ||||||
21 | transported the patient. Providers must recertify all drivers | ||||||
22 | and employee attendants every 3 years. If they meet the | ||||||
23 | established training components set forth by the Department, | ||||||
24 | providers of non-emergency medi-car and service car | ||||||
25 | transportation that are either directly or through an | ||||||
26 | affiliated company licensed by the Department of Public Health |
| |||||||
| |||||||
1 | shall be approved by the Department to have in-house safety | ||||||
2 | programs for training their own staff. | ||||||
3 | Notwithstanding the requirements above, any public | ||||||
4 | transportation provider of medi-car and service car | ||||||
5 | transportation that receives federal funding under 49 U.S.C. | ||||||
6 | 5307 and 5311 need not certify its drivers and employee | ||||||
7 | attendants under this Section, since safety training is | ||||||
8 | already federally mandated. | ||||||
9 | (f) With respect to any policy or program administered by | ||||||
10 | the Department or its agent regarding approval of | ||||||
11 | non-emergency medical transportation by ground ambulance | ||||||
12 | service providers, including, but not limited to, the | ||||||
13 | Non-Emergency Transportation Services Prior Approval Program | ||||||
14 | (NETSPAP), the Department shall establish by rule a process by | ||||||
15 | which ground ambulance service providers of non-emergency | ||||||
16 | medical transportation may appeal any decision by the | ||||||
17 | Department or its agent for which no denial was received prior | ||||||
18 | to the time of transport that either (i) denies a request for | ||||||
19 | approval for payment of non-emergency transportation by means | ||||||
20 | of ground ambulance service or (ii) grants a request for | ||||||
21 | approval of non-emergency transportation by means of ground | ||||||
22 | ambulance service at a level of service that entitles the | ||||||
23 | ground ambulance service provider to a lower level of | ||||||
24 | compensation from the Department than the ground ambulance | ||||||
25 | service provider would have received as compensation for the | ||||||
26 | level of service requested. The rule shall be filed by |
| |||||||
| |||||||
1 | December 15, 2012 and shall provide that, for any decision | ||||||
2 | rendered by the Department or its agent on or after the date | ||||||
3 | the rule takes effect, the ground ambulance service provider | ||||||
4 | shall have 60 days from the date the decision is received to | ||||||
5 | file an appeal. The rule established by the Department shall | ||||||
6 | be, insofar as is practical, consistent with the Illinois | ||||||
7 | Administrative Procedure Act. The Director's decision on an | ||||||
8 | appeal under this Section shall be a final administrative | ||||||
9 | decision subject to review under the Administrative Review | ||||||
10 | Law. | ||||||
11 | (f-5) Beginning 90 days after July 20, 2012 (the effective | ||||||
12 | date of Public Act 97-842), (i) no denial of a request for | ||||||
13 | approval for payment of non-emergency transportation by means | ||||||
14 | of ground ambulance service, and (ii) no approval of | ||||||
15 | non-emergency transportation by means of ground ambulance | ||||||
16 | service at a level of service that entitles the ground | ||||||
17 | ambulance service provider to a lower level of compensation | ||||||
18 | from the Department than would have been received at the level | ||||||
19 | of service submitted by the ground ambulance service provider, | ||||||
20 | may be issued by the Department or its agent unless the | ||||||
21 | Department has submitted the criteria for determining the | ||||||
22 | appropriateness of the transport for first notice publication | ||||||
23 | in the Illinois Register pursuant to Section 5-40 of the | ||||||
24 | Illinois Administrative Procedure Act. | ||||||
25 | (f-6) Within 90 days after June 2, 2022 ( the effective | ||||||
26 | date of Public Act 102-1037) this amendatory Act of the 102nd |
| |||||||
| |||||||
1 | General Assembly and subject to federal approval, the | ||||||
2 | Department shall file rules to allow for the approval of | ||||||
3 | ground ambulance services when the sole purpose of the | ||||||
4 | transport is for the navigation of stairs or the assisting or | ||||||
5 | lifting of a patient at a medical facility or during a medical | ||||||
6 | appointment in instances where the Department or a contracted | ||||||
7 | Medicaid managed care organization or their transportation | ||||||
8 | broker is unable to secure transportation through any other | ||||||
9 | transportation provider. | ||||||
10 | (f-7) For non-emergency ground ambulance claims properly | ||||||
11 | denied under Department policy at the time the claim is filed | ||||||
12 | due to failure to submit a valid Medical Certification for | ||||||
13 | Non-Emergency Ambulance on and after December 15, 2012 and | ||||||
14 | prior to January 1, 2021, the Department shall allot | ||||||
15 | $2,000,000 to a pool to reimburse such claims if the provider | ||||||
16 | proves medical necessity for the service by other means. | ||||||
17 | Providers must submit any such denied claims for which they | ||||||
18 | seek compensation to the Department no later than December 31, | ||||||
19 | 2021 along with documentation of medical necessity. No later | ||||||
20 | than May 31, 2022, the Department shall determine for which | ||||||
21 | claims medical necessity was established. Such claims for | ||||||
22 | which medical necessity was established shall be paid at the | ||||||
23 | rate in effect at the time of the service, provided the | ||||||
24 | $2,000,000 is sufficient to pay at those rates. If the pool is | ||||||
25 | not sufficient, claims shall be paid at a uniform percentage | ||||||
26 | of the applicable rate such that the pool of $2,000,000 is |
| |||||||
| |||||||
1 | exhausted. The appeal process described in subsection (f) | ||||||
2 | shall not be applicable to the Department's determinations | ||||||
3 | made in accordance with this subsection. | ||||||
4 | (g) Whenever a patient covered by a medical assistance | ||||||
5 | program under this Code or by another medical program | ||||||
6 | administered by the Department, including a patient covered | ||||||
7 | under the State's Medicaid managed care program, is being | ||||||
8 | transported from a facility and requires non-emergency | ||||||
9 | transportation including ground ambulance, medi-car, or | ||||||
10 | service car transportation, a Physician Certification | ||||||
11 | Statement as described in this Section shall be required for | ||||||
12 | each patient. Facilities shall develop procedures for a | ||||||
13 | licensed medical professional to provide a written and signed | ||||||
14 | Physician Certification Statement. The Physician Certification | ||||||
15 | Statement shall specify the level of transportation services | ||||||
16 | needed and complete a medical certification establishing the | ||||||
17 | criteria for approval of non-emergency ambulance | ||||||
18 | transportation, as published by the Department of Healthcare | ||||||
19 | and Family Services, that is met by the patient. This | ||||||
20 | certification shall be completed prior to ordering the | ||||||
21 | transportation service and prior to patient discharge. The | ||||||
22 | Physician Certification Statement is not required prior to | ||||||
23 | transport if a delay in transport can be expected to | ||||||
24 | negatively affect the patient outcome. If the ground ambulance | ||||||
25 | provider, medi-car provider, or service car provider is unable | ||||||
26 | to obtain the required Physician Certification Statement |
| |||||||
| |||||||
1 | within 10 calendar days following the date of the service, the | ||||||
2 | ground ambulance provider, medi-car provider, or service car | ||||||
3 | provider must document its attempt to obtain the requested | ||||||
4 | certification and may then submit the claim for payment. | ||||||
5 | Acceptable documentation includes a signed return receipt from | ||||||
6 | the U.S. Postal Service, facsimile receipt, email receipt, or | ||||||
7 | other similar service that evidences that the ground ambulance | ||||||
8 | provider, medi-car provider, or service car provider attempted | ||||||
9 | to obtain the required Physician Certification Statement. | ||||||
10 | The medical certification specifying the level and type of | ||||||
11 | non-emergency transportation needed shall be in the form of | ||||||
12 | the Physician Certification Statement on a standardized form | ||||||
13 | prescribed by the Department of Healthcare and Family | ||||||
14 | Services. Within 75 days after July 27, 2018 (the effective | ||||||
15 | date of Public Act 100-646), the Department of Healthcare and | ||||||
16 | Family Services shall develop a standardized form of the | ||||||
17 | Physician Certification Statement specifying the level and | ||||||
18 | type of transportation services needed in consultation with | ||||||
19 | the Department of Public Health, Medicaid managed care | ||||||
20 | organizations, a statewide association representing ambulance | ||||||
21 | providers, a statewide association representing hospitals, 3 | ||||||
22 | statewide associations representing nursing homes, and other | ||||||
23 | stakeholders. The Physician Certification Statement shall | ||||||
24 | include, but is not limited to, the criteria necessary to | ||||||
25 | demonstrate medical necessity for the level of transport | ||||||
26 | needed as required by (i) the Department of Healthcare and |
| |||||||
| |||||||
1 | Family Services and (ii) the federal Centers for Medicare and | ||||||
2 | Medicaid Services as outlined in the Centers for Medicare and | ||||||
3 | Medicaid Services' Medicare Benefit Policy Manual, Pub. | ||||||
4 | 100-02, Chap. 10, Sec. 10.2.1, et seq. The use of the Physician | ||||||
5 | Certification Statement shall satisfy the obligations of | ||||||
6 | hospitals under Section 6.22 of the Hospital Licensing Act and | ||||||
7 | nursing homes under Section 2-217 of the Nursing Home Care | ||||||
8 | Act. Implementation and acceptance of the Physician | ||||||
9 | Certification Statement shall take place no later than 90 days | ||||||
10 | after the issuance of the Physician Certification Statement by | ||||||
11 | the Department of Healthcare and Family Services. | ||||||
12 | Pursuant to subsection (E) of Section 12-4.25 of this | ||||||
13 | Code, the Department is entitled to recover overpayments paid | ||||||
14 | to a provider or vendor, including, but not limited to, from | ||||||
15 | the discharging physician, the discharging facility, and the | ||||||
16 | ground ambulance service provider, in instances where a | ||||||
17 | non-emergency ground ambulance service is rendered as the | ||||||
18 | result of improper or false certification. | ||||||
19 | Beginning October 1, 2018, the Department of Healthcare | ||||||
20 | and Family Services shall collect data from Medicaid managed | ||||||
21 | care organizations and transportation brokers, including the | ||||||
22 | Department's NETSPAP broker, regarding denials and appeals | ||||||
23 | related to the missing or incomplete Physician Certification | ||||||
24 | Statement forms and overall compliance with this subsection. | ||||||
25 | The Department of Healthcare and Family Services shall publish | ||||||
26 | quarterly results on its website within 15 days following the |
| |||||||
| |||||||
1 | end of each quarter. | ||||||
2 | (h) On and after July 1, 2012, the Department shall reduce | ||||||
3 | any rate of reimbursement for services or other payments or | ||||||
4 | alter any methodologies authorized by this Code to reduce any | ||||||
5 | rate of reimbursement for services or other payments in | ||||||
6 | accordance with Section 5-5e. | ||||||
7 | (i) Subject to federal approval, on and after January 1, | ||||||
8 | 2024 through June 30, 2026, the Department shall increase the | ||||||
9 | base rate of reimbursement for both base charges and mileage | ||||||
10 | charges for ground ambulance service providers not | ||||||
11 | participating in the Ground Emergency Medical Transportation | ||||||
12 | (GEMT) Program for medical transportation services provided by | ||||||
13 | means of a ground ambulance to a level not lower than 140% of | ||||||
14 | the base rate in effect as of January 1, 2023. | ||||||
15 | (j) For the purpose of understanding ground ambulance | ||||||
16 | transportation services cost structures and their impact on | ||||||
17 | the Medical Assistance Program, the Department shall engage | ||||||
18 | stakeholders, including, but not limited to, a statewide | ||||||
19 | association representing private ground ambulance service | ||||||
20 | providers in Illinois, to develop recommendations for a plan | ||||||
21 | for the regular collection of cost data for all ground | ||||||
22 | ambulance transportation providers reimbursed under the | ||||||
23 | Illinois Title XIX State Plan. Cost data obtained through this | ||||||
24 | process shall be used to inform on and to ensure the | ||||||
25 | effectiveness and efficiency of Illinois Medicaid rates. The | ||||||
26 | Department shall establish a process to limit public |
| |||||||
| |||||||
1 | availability of portions of the cost report data determined to | ||||||
2 | be proprietary. This process shall be concluded and | ||||||
3 | recommendations shall be provided no later than April 1, 2024. | ||||||
4 | (k) (j) Subject to federal approval, beginning on January | ||||||
5 | 1, 2024, the Department shall increase the base rate of | ||||||
6 | reimbursement for both base charges and mileage charges for | ||||||
7 | medical transportation services provided by means of an air | ||||||
8 | ambulance to a level not lower than 50% of the Medicare | ||||||
9 | ambulance fee schedule rates, by designated Medicare locality, | ||||||
10 | in effect on January 1, 2023. | ||||||
11 | (Source: P.A. 102-364, eff. 1-1-22; 102-650, eff. 8-27-21; | ||||||
12 | 102-813, eff. 5-13-22; 102-1037, eff. 6-2-22; 103-102, Article | ||||||
13 | 70, Section 70-5, eff. 1-1-24; 103-102, Article 80, Section | ||||||
14 | 80-5, eff. 1-1-24; revised 12-15-23.)
| ||||||
15 | (305 ILCS 5/5-5) | ||||||
16 | Sec. 5-5. Medical services. The Illinois Department, by | ||||||
17 | rule, shall determine the quantity and quality of and the rate | ||||||
18 | of reimbursement for the medical assistance for which payment | ||||||
19 | will be authorized, and the medical services to be provided, | ||||||
20 | which may include all or part of the following: (1) inpatient | ||||||
21 | hospital services; (2) outpatient hospital services; (3) other | ||||||
22 | laboratory and X-ray services; (4) skilled nursing home | ||||||
23 | services; (5) physicians' services whether furnished in the | ||||||
24 | office, the patient's home, a hospital, a skilled nursing | ||||||
25 | home, or elsewhere; (6) medical care, or any other type of |
| |||||||
| |||||||
1 | remedial care furnished by licensed practitioners; (7) home | ||||||
2 | health care services; (8) private duty nursing service; (9) | ||||||
3 | clinic services; (10) dental services, including prevention | ||||||
4 | and treatment of periodontal disease and dental caries disease | ||||||
5 | for pregnant individuals, provided by an individual licensed | ||||||
6 | to practice dentistry or dental surgery; for purposes of this | ||||||
7 | item (10), "dental services" means diagnostic, preventive, or | ||||||
8 | corrective procedures provided by or under the supervision of | ||||||
9 | a dentist in the practice of his or her profession; (11) | ||||||
10 | physical therapy and related services; (12) prescribed drugs, | ||||||
11 | dentures, and prosthetic devices; and eyeglasses prescribed by | ||||||
12 | a physician skilled in the diseases of the eye, or by an | ||||||
13 | optometrist, whichever the person may select; (13) other | ||||||
14 | diagnostic, screening, preventive, and rehabilitative | ||||||
15 | services, including to ensure that the individual's need for | ||||||
16 | intervention or treatment of mental disorders or substance use | ||||||
17 | disorders or co-occurring mental health and substance use | ||||||
18 | disorders is determined using a uniform screening, assessment, | ||||||
19 | and evaluation process inclusive of criteria, for children and | ||||||
20 | adults; for purposes of this item (13), a uniform screening, | ||||||
21 | assessment, and evaluation process refers to a process that | ||||||
22 | includes an appropriate evaluation and, as warranted, a | ||||||
23 | referral; "uniform" does not mean the use of a singular | ||||||
24 | instrument, tool, or process that all must utilize; (14) | ||||||
25 | transportation and such other expenses as may be necessary; | ||||||
26 | (15) medical treatment of sexual assault survivors, as defined |
| |||||||
| |||||||
1 | in Section 1a of the Sexual Assault Survivors Emergency | ||||||
2 | Treatment Act, for injuries sustained as a result of the | ||||||
3 | sexual assault, including examinations and laboratory tests to | ||||||
4 | discover evidence which may be used in criminal proceedings | ||||||
5 | arising from the sexual assault; (16) the diagnosis and | ||||||
6 | treatment of sickle cell anemia; (16.5) services performed by | ||||||
7 | a chiropractic physician licensed under the Medical Practice | ||||||
8 | Act of 1987 and acting within the scope of his or her license, | ||||||
9 | including, but not limited to, chiropractic manipulative | ||||||
10 | treatment; and (17) any other medical care, and any other type | ||||||
11 | of remedial care recognized under the laws of this State. The | ||||||
12 | term "any other type of remedial care" shall include nursing | ||||||
13 | care and nursing home service for persons who rely on | ||||||
14 | treatment by spiritual means alone through prayer for healing. | ||||||
15 | Notwithstanding any other provision of this Section, a | ||||||
16 | comprehensive tobacco use cessation program that includes | ||||||
17 | purchasing prescription drugs or prescription medical devices | ||||||
18 | approved by the Food and Drug Administration shall be covered | ||||||
19 | under the medical assistance program under this Article for | ||||||
20 | persons who are otherwise eligible for assistance under this | ||||||
21 | Article. | ||||||
22 | Notwithstanding any other provision of this Code, | ||||||
23 | reproductive health care that is otherwise legal in Illinois | ||||||
24 | shall be covered under the medical assistance program for | ||||||
25 | persons who are otherwise eligible for medical assistance | ||||||
26 | under this Article. |
| |||||||
| |||||||
1 | Notwithstanding any other provision of this Section, all | ||||||
2 | tobacco cessation medications approved by the United States | ||||||
3 | Food and Drug Administration and all individual and group | ||||||
4 | tobacco cessation counseling services and telephone-based | ||||||
5 | counseling services and tobacco cessation medications provided | ||||||
6 | through the Illinois Tobacco Quitline shall be covered under | ||||||
7 | the medical assistance program for persons who are otherwise | ||||||
8 | eligible for assistance under this Article. The Department | ||||||
9 | shall comply with all federal requirements necessary to obtain | ||||||
10 | federal financial participation, as specified in 42 CFR | ||||||
11 | 433.15(b)(7), for telephone-based counseling services provided | ||||||
12 | through the Illinois Tobacco Quitline, including, but not | ||||||
13 | limited to: (i) entering into a memorandum of understanding or | ||||||
14 | interagency agreement with the Department of Public Health, as | ||||||
15 | administrator of the Illinois Tobacco Quitline; and (ii) | ||||||
16 | developing a cost allocation plan for Medicaid-allowable | ||||||
17 | Illinois Tobacco Quitline services in accordance with 45 CFR | ||||||
18 | 95.507. The Department shall submit the memorandum of | ||||||
19 | understanding or interagency agreement, the cost allocation | ||||||
20 | plan, and all other necessary documentation to the Centers for | ||||||
21 | Medicare and Medicaid Services for review and approval. | ||||||
22 | Coverage under this paragraph shall be contingent upon federal | ||||||
23 | approval. | ||||||
24 | Notwithstanding any other provision of this Code, the | ||||||
25 | Illinois Department may not require, as a condition of payment | ||||||
26 | for any laboratory test authorized under this Article, that a |
| |||||||
| |||||||
1 | physician's handwritten signature appear on the laboratory | ||||||
2 | test order form. The Illinois Department may, however, impose | ||||||
3 | other appropriate requirements regarding laboratory test order | ||||||
4 | documentation. | ||||||
5 | Upon receipt of federal approval of an amendment to the | ||||||
6 | Illinois Title XIX State Plan for this purpose, the Department | ||||||
7 | shall authorize the Chicago Public Schools (CPS) to procure a | ||||||
8 | vendor or vendors to manufacture eyeglasses for individuals | ||||||
9 | enrolled in a school within the CPS system. CPS shall ensure | ||||||
10 | that its vendor or vendors are enrolled as providers in the | ||||||
11 | medical assistance program and in any capitated Medicaid | ||||||
12 | managed care entity (MCE) serving individuals enrolled in a | ||||||
13 | school within the CPS system. Under any contract procured | ||||||
14 | under this provision, the vendor or vendors must serve only | ||||||
15 | individuals enrolled in a school within the CPS system. Claims | ||||||
16 | for services provided by CPS's vendor or vendors to recipients | ||||||
17 | of benefits in the medical assistance program under this Code, | ||||||
18 | the Children's Health Insurance Program, or the Covering ALL | ||||||
19 | KIDS Health Insurance Program shall be submitted to the | ||||||
20 | Department or the MCE in which the individual is enrolled for | ||||||
21 | payment and shall be reimbursed at the Department's or the | ||||||
22 | MCE's established rates or rate methodologies for eyeglasses. | ||||||
23 | On and after July 1, 2012, the Department of Healthcare | ||||||
24 | and Family Services may provide the following services to | ||||||
25 | persons eligible for assistance under this Article who are | ||||||
26 | participating in education, training or employment programs |
| |||||||
| |||||||
1 | operated by the Department of Human Services as successor to | ||||||
2 | the Department of Public Aid: | ||||||
3 | (1) dental services provided by or under the | ||||||
4 | supervision of a dentist; and | ||||||
5 | (2) eyeglasses prescribed by a physician skilled in | ||||||
6 | the diseases of the eye, or by an optometrist, whichever | ||||||
7 | the person may select. | ||||||
8 | On and after July 1, 2018, the Department of Healthcare | ||||||
9 | and Family Services shall provide dental services to any adult | ||||||
10 | who is otherwise eligible for assistance under the medical | ||||||
11 | assistance program. As used in this paragraph, "dental | ||||||
12 | services" means diagnostic, preventative, restorative, or | ||||||
13 | corrective procedures, including procedures and services for | ||||||
14 | the prevention and treatment of periodontal disease and dental | ||||||
15 | caries disease, provided by an individual who is licensed to | ||||||
16 | practice dentistry or dental surgery or who is under the | ||||||
17 | supervision of a dentist in the practice of his or her | ||||||
18 | profession. | ||||||
19 | On and after July 1, 2018, targeted dental services, as | ||||||
20 | set forth in Exhibit D of the Consent Decree entered by the | ||||||
21 | United States District Court for the Northern District of | ||||||
22 | Illinois, Eastern Division, in the matter of Memisovski v. | ||||||
23 | Maram, Case No. 92 C 1982, that are provided to adults under | ||||||
24 | the medical assistance program shall be established at no less | ||||||
25 | than the rates set forth in the "New Rate" column in Exhibit D | ||||||
26 | of the Consent Decree for targeted dental services that are |
| |||||||
| |||||||
1 | provided to persons under the age of 18 under the medical | ||||||
2 | assistance program. | ||||||
3 | Notwithstanding any other provision of this Code and | ||||||
4 | subject to federal approval, the Department may adopt rules to | ||||||
5 | allow a dentist who is volunteering his or her service at no | ||||||
6 | cost to render dental services through an enrolled | ||||||
7 | not-for-profit health clinic without the dentist personally | ||||||
8 | enrolling as a participating provider in the medical | ||||||
9 | assistance program. A not-for-profit health clinic shall | ||||||
10 | include a public health clinic or Federally Qualified Health | ||||||
11 | Center or other enrolled provider, as determined by the | ||||||
12 | Department, through which dental services covered under this | ||||||
13 | Section are performed. The Department shall establish a | ||||||
14 | process for payment of claims for reimbursement for covered | ||||||
15 | dental services rendered under this provision. | ||||||
16 | On and after January 1, 2022, the Department of Healthcare | ||||||
17 | and Family Services shall administer and regulate a | ||||||
18 | school-based dental program that allows for the out-of-office | ||||||
19 | delivery of preventative dental services in a school setting | ||||||
20 | to children under 19 years of age. The Department shall | ||||||
21 | establish, by rule, guidelines for participation by providers | ||||||
22 | and set requirements for follow-up referral care based on the | ||||||
23 | requirements established in the Dental Office Reference Manual | ||||||
24 | published by the Department that establishes the requirements | ||||||
25 | for dentists participating in the All Kids Dental School | ||||||
26 | Program. Every effort shall be made by the Department when |
| |||||||
| |||||||
1 | developing the program requirements to consider the different | ||||||
2 | geographic differences of both urban and rural areas of the | ||||||
3 | State for initial treatment and necessary follow-up care. No | ||||||
4 | provider shall be charged a fee by any unit of local government | ||||||
5 | to participate in the school-based dental program administered | ||||||
6 | by the Department. Nothing in this paragraph shall be | ||||||
7 | construed to limit or preempt a home rule unit's or school | ||||||
8 | district's authority to establish, change, or administer a | ||||||
9 | school-based dental program in addition to, or independent of, | ||||||
10 | the school-based dental program administered by the | ||||||
11 | Department. | ||||||
12 | The Illinois Department, by rule, may distinguish and | ||||||
13 | classify the medical services to be provided only in | ||||||
14 | accordance with the classes of persons designated in Section | ||||||
15 | 5-2. | ||||||
16 | The Department of Healthcare and Family Services must | ||||||
17 | provide coverage and reimbursement for amino acid-based | ||||||
18 | elemental formulas, regardless of delivery method, for the | ||||||
19 | diagnosis and treatment of (i) eosinophilic disorders and (ii) | ||||||
20 | short bowel syndrome when the prescribing physician has issued | ||||||
21 | a written order stating that the amino acid-based elemental | ||||||
22 | formula is medically necessary. | ||||||
23 | The Illinois Department shall authorize the provision of, | ||||||
24 | and shall authorize payment for, screening by low-dose | ||||||
25 | mammography for the presence of occult breast cancer for | ||||||
26 | individuals 35 years of age or older who are eligible for |
| |||||||
| |||||||
1 | medical assistance under this Article, as follows: | ||||||
2 | (A) A baseline mammogram for individuals 35 to 39 | ||||||
3 | years of age. | ||||||
4 | (B) An annual mammogram for individuals 40 years of | ||||||
5 | age or older. | ||||||
6 | (C) A mammogram at the age and intervals considered | ||||||
7 | medically necessary by the individual's health care | ||||||
8 | provider for individuals under 40 years of age and having | ||||||
9 | a family history of breast cancer, prior personal history | ||||||
10 | of breast cancer, positive genetic testing, or other risk | ||||||
11 | factors. | ||||||
12 | (D) A comprehensive ultrasound screening and MRI of an | ||||||
13 | entire breast or breasts if a mammogram demonstrates | ||||||
14 | heterogeneous or dense breast tissue or when medically | ||||||
15 | necessary as determined by a physician licensed to | ||||||
16 | practice medicine in all of its branches. | ||||||
17 | (E) A screening MRI when medically necessary, as | ||||||
18 | determined by a physician licensed to practice medicine in | ||||||
19 | all of its branches. | ||||||
20 | (F) A diagnostic mammogram when medically necessary, | ||||||
21 | as determined by a physician licensed to practice medicine | ||||||
22 | in all its branches, advanced practice registered nurse, | ||||||
23 | or physician assistant. | ||||||
24 | The Department shall not impose a deductible, coinsurance, | ||||||
25 | copayment, or any other cost-sharing requirement on the | ||||||
26 | coverage provided under this paragraph; except that this |
| |||||||
| |||||||
1 | sentence does not apply to coverage of diagnostic mammograms | ||||||
2 | to the extent such coverage would disqualify a high-deductible | ||||||
3 | health plan from eligibility for a health savings account | ||||||
4 | pursuant to Section 223 of the Internal Revenue Code (26 | ||||||
5 | U.S.C. 223). | ||||||
6 | All screenings shall include a physical breast exam, | ||||||
7 | instruction on self-examination and information regarding the | ||||||
8 | frequency of self-examination and its value as a preventative | ||||||
9 | tool. | ||||||
10 | For purposes of this Section: | ||||||
11 | "Diagnostic mammogram" means a mammogram obtained using | ||||||
12 | diagnostic mammography. | ||||||
13 | "Diagnostic mammography" means a method of screening that | ||||||
14 | is designed to evaluate an abnormality in a breast, including | ||||||
15 | an abnormality seen or suspected on a screening mammogram or a | ||||||
16 | subjective or objective abnormality otherwise detected in the | ||||||
17 | breast. | ||||||
18 | "Low-dose mammography" means the x-ray examination of the | ||||||
19 | breast using equipment dedicated specifically for mammography, | ||||||
20 | including the x-ray tube, filter, compression device, and | ||||||
21 | image receptor, with an average radiation exposure delivery of | ||||||
22 | less than one rad per breast for 2 views of an average size | ||||||
23 | breast. The term also includes digital mammography and | ||||||
24 | includes breast tomosynthesis. | ||||||
25 | "Breast tomosynthesis" means a radiologic procedure that | ||||||
26 | involves the acquisition of projection images over the |
| |||||||
| |||||||
1 | stationary breast to produce cross-sectional digital | ||||||
2 | three-dimensional images of the breast. | ||||||
3 | If, at any time, the Secretary of the United States | ||||||
4 | Department of Health and Human Services, or its successor | ||||||
5 | agency, promulgates rules or regulations to be published in | ||||||
6 | the Federal Register or publishes a comment in the Federal | ||||||
7 | Register or issues an opinion, guidance, or other action that | ||||||
8 | would require the State, pursuant to any provision of the | ||||||
9 | Patient Protection and Affordable Care Act (Public Law | ||||||
10 | 111-148), including, but not limited to, 42 U.S.C. | ||||||
11 | 18031(d)(3)(B) or any successor provision, to defray the cost | ||||||
12 | of any coverage for breast tomosynthesis outlined in this | ||||||
13 | paragraph, then the requirement that an insurer cover breast | ||||||
14 | tomosynthesis is inoperative other than any such coverage | ||||||
15 | authorized under Section 1902 of the Social Security Act, 42 | ||||||
16 | U.S.C. 1396a, and the State shall not assume any obligation | ||||||
17 | for the cost of coverage for breast tomosynthesis set forth in | ||||||
18 | this paragraph. | ||||||
19 | On and after January 1, 2016, the Department shall ensure | ||||||
20 | that all networks of care for adult clients of the Department | ||||||
21 | include access to at least one breast imaging Center of | ||||||
22 | Imaging Excellence as certified by the American College of | ||||||
23 | Radiology. | ||||||
24 | On and after January 1, 2012, providers participating in a | ||||||
25 | quality improvement program approved by the Department shall | ||||||
26 | be reimbursed for screening and diagnostic mammography at the |
| |||||||
| |||||||
1 | same rate as the Medicare program's rates, including the | ||||||
2 | increased reimbursement for digital mammography and, after | ||||||
3 | January 1, 2023 (the effective date of Public Act 102-1018), | ||||||
4 | breast tomosynthesis. | ||||||
5 | The Department shall convene an expert panel including | ||||||
6 | representatives of hospitals, free-standing mammography | ||||||
7 | facilities, and doctors, including radiologists, to establish | ||||||
8 | quality standards for mammography. | ||||||
9 | On and after January 1, 2017, providers participating in a | ||||||
10 | breast cancer treatment quality improvement program approved | ||||||
11 | by the Department shall be reimbursed for breast cancer | ||||||
12 | treatment at a rate that is no lower than 95% of the Medicare | ||||||
13 | program's rates for the data elements included in the breast | ||||||
14 | cancer treatment quality program. | ||||||
15 | The Department shall convene an expert panel, including | ||||||
16 | representatives of hospitals, free-standing breast cancer | ||||||
17 | treatment centers, breast cancer quality organizations, and | ||||||
18 | doctors, including breast surgeons, reconstructive breast | ||||||
19 | surgeons, oncologists, and primary care providers to establish | ||||||
20 | quality standards for breast cancer treatment. | ||||||
21 | Subject to federal approval, the Department shall | ||||||
22 | establish a rate methodology for mammography at federally | ||||||
23 | qualified health centers and other encounter-rate clinics. | ||||||
24 | These clinics or centers may also collaborate with other | ||||||
25 | hospital-based mammography facilities. By January 1, 2016, the | ||||||
26 | Department shall report to the General Assembly on the status |
| |||||||
| |||||||
1 | of the provision set forth in this paragraph. | ||||||
2 | The Department shall establish a methodology to remind | ||||||
3 | individuals who are age-appropriate for screening mammography, | ||||||
4 | but who have not received a mammogram within the previous 18 | ||||||
5 | months, of the importance and benefit of screening | ||||||
6 | mammography. The Department shall work with experts in breast | ||||||
7 | cancer outreach and patient navigation to optimize these | ||||||
8 | reminders and shall establish a methodology for evaluating | ||||||
9 | their effectiveness and modifying the methodology based on the | ||||||
10 | evaluation. | ||||||
11 | The Department shall establish a performance goal for | ||||||
12 | primary care providers with respect to their female patients | ||||||
13 | over age 40 receiving an annual mammogram. This performance | ||||||
14 | goal shall be used to provide additional reimbursement in the | ||||||
15 | form of a quality performance bonus to primary care providers | ||||||
16 | who meet that goal. | ||||||
17 | The Department shall devise a means of case-managing or | ||||||
18 | patient navigation for beneficiaries diagnosed with breast | ||||||
19 | cancer. This program shall initially operate as a pilot | ||||||
20 | program in areas of the State with the highest incidence of | ||||||
21 | mortality related to breast cancer. At least one pilot program | ||||||
22 | site shall be in the metropolitan Chicago area and at least one | ||||||
23 | site shall be outside the metropolitan Chicago area. On or | ||||||
24 | after July 1, 2016, the pilot program shall be expanded to | ||||||
25 | include one site in western Illinois, one site in southern | ||||||
26 | Illinois, one site in central Illinois, and 4 sites within |
| |||||||
| |||||||
1 | metropolitan Chicago. An evaluation of the pilot program shall | ||||||
2 | be carried out measuring health outcomes and cost of care for | ||||||
3 | those served by the pilot program compared to similarly | ||||||
4 | situated patients who are not served by the pilot program. | ||||||
5 | The Department shall require all networks of care to | ||||||
6 | develop a means either internally or by contract with experts | ||||||
7 | in navigation and community outreach to navigate cancer | ||||||
8 | patients to comprehensive care in a timely fashion. The | ||||||
9 | Department shall require all networks of care to include | ||||||
10 | access for patients diagnosed with cancer to at least one | ||||||
11 | academic commission on cancer-accredited cancer program as an | ||||||
12 | in-network covered benefit. | ||||||
13 | The Department shall provide coverage and reimbursement | ||||||
14 | for a human papillomavirus (HPV) vaccine that is approved for | ||||||
15 | marketing by the federal Food and Drug Administration for all | ||||||
16 | persons between the ages of 9 and 45. Subject to federal | ||||||
17 | approval, the Department shall provide coverage and | ||||||
18 | reimbursement for a human papillomavirus (HPV) vaccine for | ||||||
19 | persons of the age of 46 and above who have been diagnosed with | ||||||
20 | cervical dysplasia with a high risk of recurrence or | ||||||
21 | progression. The Department shall disallow any | ||||||
22 | preauthorization requirements for the administration of the | ||||||
23 | human papillomavirus (HPV) vaccine. | ||||||
24 | On or after July 1, 2022, individuals who are otherwise | ||||||
25 | eligible for medical assistance under this Article shall | ||||||
26 | receive coverage for perinatal depression screenings for the |
| |||||||
| |||||||
1 | 12-month period beginning on the last day of their pregnancy. | ||||||
2 | Medical assistance coverage under this paragraph shall be | ||||||
3 | conditioned on the use of a screening instrument approved by | ||||||
4 | the Department. | ||||||
5 | Any medical or health care provider shall immediately | ||||||
6 | recommend, to any pregnant individual who is being provided | ||||||
7 | prenatal services and is suspected of having a substance use | ||||||
8 | disorder as defined in the Substance Use Disorder Act, | ||||||
9 | referral to a local substance use disorder treatment program | ||||||
10 | licensed by the Department of Human Services or to a licensed | ||||||
11 | hospital which provides substance abuse treatment services. | ||||||
12 | The Department of Healthcare and Family Services shall assure | ||||||
13 | coverage for the cost of treatment of the drug abuse or | ||||||
14 | addiction for pregnant recipients in accordance with the | ||||||
15 | Illinois Medicaid Program in conjunction with the Department | ||||||
16 | of Human Services. | ||||||
17 | All medical providers providing medical assistance to | ||||||
18 | pregnant individuals under this Code shall receive information | ||||||
19 | from the Department on the availability of services under any | ||||||
20 | program providing case management services for addicted | ||||||
21 | individuals, including information on appropriate referrals | ||||||
22 | for other social services that may be needed by addicted | ||||||
23 | individuals in addition to treatment for addiction. | ||||||
24 | The Illinois Department, in cooperation with the | ||||||
25 | Departments of Human Services (as successor to the Department | ||||||
26 | of Alcoholism and Substance Abuse) and Public Health, through |
| |||||||
| |||||||
1 | a public awareness campaign, may provide information | ||||||
2 | concerning treatment for alcoholism and drug abuse and | ||||||
3 | addiction, prenatal health care, and other pertinent programs | ||||||
4 | directed at reducing the number of drug-affected infants born | ||||||
5 | to recipients of medical assistance. | ||||||
6 | Neither the Department of Healthcare and Family Services | ||||||
7 | nor the Department of Human Services shall sanction the | ||||||
8 | recipient solely on the basis of the recipient's substance | ||||||
9 | abuse. | ||||||
10 | The Illinois Department shall establish such regulations | ||||||
11 | governing the dispensing of health services under this Article | ||||||
12 | as it shall deem appropriate. The Department should seek the | ||||||
13 | advice of formal professional advisory committees appointed by | ||||||
14 | the Director of the Illinois Department for the purpose of | ||||||
15 | providing regular advice on policy and administrative matters, | ||||||
16 | information dissemination and educational activities for | ||||||
17 | medical and health care providers, and consistency in | ||||||
18 | procedures to the Illinois Department. | ||||||
19 | The Illinois Department may develop and contract with | ||||||
20 | Partnerships of medical providers to arrange medical services | ||||||
21 | for persons eligible under Section 5-2 of this Code. | ||||||
22 | Implementation of this Section may be by demonstration | ||||||
23 | projects in certain geographic areas. The Partnership shall be | ||||||
24 | represented by a sponsor organization. The Department, by | ||||||
25 | rule, shall develop qualifications for sponsors of | ||||||
26 | Partnerships. Nothing in this Section shall be construed to |
| |||||||
| |||||||
1 | require that the sponsor organization be a medical | ||||||
2 | organization. | ||||||
3 | The sponsor must negotiate formal written contracts with | ||||||
4 | medical providers for physician services, inpatient and | ||||||
5 | outpatient hospital care, home health services, treatment for | ||||||
6 | alcoholism and substance abuse, and other services determined | ||||||
7 | necessary by the Illinois Department by rule for delivery by | ||||||
8 | Partnerships. Physician services must include prenatal and | ||||||
9 | obstetrical care. The Illinois Department shall reimburse | ||||||
10 | medical services delivered by Partnership providers to clients | ||||||
11 | in target areas according to provisions of this Article and | ||||||
12 | the Illinois Health Finance Reform Act, except that: | ||||||
13 | (1) Physicians participating in a Partnership and | ||||||
14 | providing certain services, which shall be determined by | ||||||
15 | the Illinois Department, to persons in areas covered by | ||||||
16 | the Partnership may receive an additional surcharge for | ||||||
17 | such services. | ||||||
18 | (2) The Department may elect to consider and negotiate | ||||||
19 | financial incentives to encourage the development of | ||||||
20 | Partnerships and the efficient delivery of medical care. | ||||||
21 | (3) Persons receiving medical services through | ||||||
22 | Partnerships may receive medical and case management | ||||||
23 | services above the level usually offered through the | ||||||
24 | medical assistance program. | ||||||
25 | Medical providers shall be required to meet certain | ||||||
26 | qualifications to participate in Partnerships to ensure the |
| |||||||
| |||||||
1 | delivery of high quality medical services. These | ||||||
2 | qualifications shall be determined by rule of the Illinois | ||||||
3 | Department and may be higher than qualifications for | ||||||
4 | participation in the medical assistance program. Partnership | ||||||
5 | sponsors may prescribe reasonable additional qualifications | ||||||
6 | for participation by medical providers, only with the prior | ||||||
7 | written approval of the Illinois Department. | ||||||
8 | Nothing in this Section shall limit the free choice of | ||||||
9 | practitioners, hospitals, and other providers of medical | ||||||
10 | services by clients. In order to ensure patient freedom of | ||||||
11 | choice, the Illinois Department shall immediately promulgate | ||||||
12 | all rules and take all other necessary actions so that | ||||||
13 | provided services may be accessed from therapeutically | ||||||
14 | certified optometrists to the full extent of the Illinois | ||||||
15 | Optometric Practice Act of 1987 without discriminating between | ||||||
16 | service providers. | ||||||
17 | The Department shall apply for a waiver from the United | ||||||
18 | States Health Care Financing Administration to allow for the | ||||||
19 | implementation of Partnerships under this Section. | ||||||
20 | The Illinois Department shall require health care | ||||||
21 | providers to maintain records that document the medical care | ||||||
22 | and services provided to recipients of Medical Assistance | ||||||
23 | under this Article. Such records must be retained for a period | ||||||
24 | of not less than 6 years from the date of service or as | ||||||
25 | provided by applicable State law, whichever period is longer, | ||||||
26 | except that if an audit is initiated within the required |
| |||||||
| |||||||
1 | retention period then the records must be retained until the | ||||||
2 | audit is completed and every exception is resolved. The | ||||||
3 | Illinois Department shall require health care providers to | ||||||
4 | make available, when authorized by the patient, in writing, | ||||||
5 | the medical records in a timely fashion to other health care | ||||||
6 | providers who are treating or serving persons eligible for | ||||||
7 | Medical Assistance under this Article. All dispensers of | ||||||
8 | medical services shall be required to maintain and retain | ||||||
9 | business and professional records sufficient to fully and | ||||||
10 | accurately document the nature, scope, details and receipt of | ||||||
11 | the health care provided to persons eligible for medical | ||||||
12 | assistance under this Code, in accordance with regulations | ||||||
13 | promulgated by the Illinois Department. The rules and | ||||||
14 | regulations shall require that proof of the receipt of | ||||||
15 | prescription drugs, dentures, prosthetic devices and | ||||||
16 | eyeglasses by eligible persons under this Section accompany | ||||||
17 | each claim for reimbursement submitted by the dispenser of | ||||||
18 | such medical services. No such claims for reimbursement shall | ||||||
19 | be approved for payment by the Illinois Department without | ||||||
20 | such proof of receipt, unless the Illinois Department shall | ||||||
21 | have put into effect and shall be operating a system of | ||||||
22 | post-payment audit and review which shall, on a sampling | ||||||
23 | basis, be deemed adequate by the Illinois Department to assure | ||||||
24 | that such drugs, dentures, prosthetic devices and eyeglasses | ||||||
25 | for which payment is being made are actually being received by | ||||||
26 | eligible recipients. Within 90 days after September 16, 1984 |
| |||||||
| |||||||
1 | (the effective date of Public Act 83-1439), the Illinois | ||||||
2 | Department shall establish a current list of acquisition costs | ||||||
3 | for all prosthetic devices and any other items recognized as | ||||||
4 | medical equipment and supplies reimbursable under this Article | ||||||
5 | and shall update such list on a quarterly basis, except that | ||||||
6 | the acquisition costs of all prescription drugs shall be | ||||||
7 | updated no less frequently than every 30 days as required by | ||||||
8 | Section 5-5.12. | ||||||
9 | Notwithstanding any other law to the contrary, the | ||||||
10 | Illinois Department shall, within 365 days after July 22, 2013 | ||||||
11 | (the effective date of Public Act 98-104), establish | ||||||
12 | procedures to permit skilled care facilities licensed under | ||||||
13 | the Nursing Home Care Act to submit monthly billing claims for | ||||||
14 | reimbursement purposes. Following development of these | ||||||
15 | procedures, the Department shall, by July 1, 2016, test the | ||||||
16 | viability of the new system and implement any necessary | ||||||
17 | operational or structural changes to its information | ||||||
18 | technology platforms in order to allow for the direct | ||||||
19 | acceptance and payment of nursing home claims. | ||||||
20 | Notwithstanding any other law to the contrary, the | ||||||
21 | Illinois Department shall, within 365 days after August 15, | ||||||
22 | 2014 (the effective date of Public Act 98-963), establish | ||||||
23 | procedures to permit ID/DD facilities licensed under the ID/DD | ||||||
24 | Community Care Act and MC/DD facilities licensed under the | ||||||
25 | MC/DD Act to submit monthly billing claims for reimbursement | ||||||
26 | purposes. Following development of these procedures, the |
| |||||||
| |||||||
1 | Department shall have an additional 365 days to test the | ||||||
2 | viability of the new system and to ensure that any necessary | ||||||
3 | operational or structural changes to its information | ||||||
4 | technology platforms are implemented. | ||||||
5 | The Illinois Department shall require all dispensers of | ||||||
6 | medical services, other than an individual practitioner or | ||||||
7 | group of practitioners, desiring to participate in the Medical | ||||||
8 | Assistance program established under this Article to disclose | ||||||
9 | all financial, beneficial, ownership, equity, surety or other | ||||||
10 | interests in any and all firms, corporations, partnerships, | ||||||
11 | associations, business enterprises, joint ventures, agencies, | ||||||
12 | institutions or other legal entities providing any form of | ||||||
13 | health care services in this State under this Article. | ||||||
14 | The Illinois Department may require that all dispensers of | ||||||
15 | medical services desiring to participate in the medical | ||||||
16 | assistance program established under this Article disclose, | ||||||
17 | under such terms and conditions as the Illinois Department may | ||||||
18 | by rule establish, all inquiries from clients and attorneys | ||||||
19 | regarding medical bills paid by the Illinois Department, which | ||||||
20 | inquiries could indicate potential existence of claims or | ||||||
21 | liens for the Illinois Department. | ||||||
22 | Enrollment of a vendor shall be subject to a provisional | ||||||
23 | period and shall be conditional for one year. During the | ||||||
24 | period of conditional enrollment, the Department may terminate | ||||||
25 | the vendor's eligibility to participate in, or may disenroll | ||||||
26 | the vendor from, the medical assistance program without cause. |
| |||||||
| |||||||
1 | Unless otherwise specified, such termination of eligibility or | ||||||
2 | disenrollment is not subject to the Department's hearing | ||||||
3 | process. However, a disenrolled vendor may reapply without | ||||||
4 | penalty. | ||||||
5 | The Department has the discretion to limit the conditional | ||||||
6 | enrollment period for vendors based upon the category of risk | ||||||
7 | of the vendor. | ||||||
8 | Prior to enrollment and during the conditional enrollment | ||||||
9 | period in the medical assistance program, all vendors shall be | ||||||
10 | subject to enhanced oversight, screening, and review based on | ||||||
11 | the risk of fraud, waste, and abuse that is posed by the | ||||||
12 | category of risk of the vendor. The Illinois Department shall | ||||||
13 | establish the procedures for oversight, screening, and review, | ||||||
14 | which may include, but need not be limited to: criminal and | ||||||
15 | financial background checks; fingerprinting; license, | ||||||
16 | certification, and authorization verifications; unscheduled or | ||||||
17 | unannounced site visits; database checks; prepayment audit | ||||||
18 | reviews; audits; payment caps; payment suspensions; and other | ||||||
19 | screening as required by federal or State law. | ||||||
20 | The Department shall define or specify the following: (i) | ||||||
21 | by provider notice, the "category of risk of the vendor" for | ||||||
22 | each type of vendor, which shall take into account the level of | ||||||
23 | screening applicable to a particular category of vendor under | ||||||
24 | federal law and regulations; (ii) by rule or provider notice, | ||||||
25 | the maximum length of the conditional enrollment period for | ||||||
26 | each category of risk of the vendor; and (iii) by rule, the |
| |||||||
| |||||||
1 | hearing rights, if any, afforded to a vendor in each category | ||||||
2 | of risk of the vendor that is terminated or disenrolled during | ||||||
3 | the conditional enrollment period. | ||||||
4 | To be eligible for payment consideration, a vendor's | ||||||
5 | payment claim or bill, either as an initial claim or as a | ||||||
6 | resubmitted claim following prior rejection, must be received | ||||||
7 | by the Illinois Department, or its fiscal intermediary, no | ||||||
8 | later than 180 days after the latest date on the claim on which | ||||||
9 | medical goods or services were provided, with the following | ||||||
10 | exceptions: | ||||||
11 | (1) In the case of a provider whose enrollment is in | ||||||
12 | process by the Illinois Department, the 180-day period | ||||||
13 | shall not begin until the date on the written notice from | ||||||
14 | the Illinois Department that the provider enrollment is | ||||||
15 | complete. | ||||||
16 | (2) In the case of errors attributable to the Illinois | ||||||
17 | Department or any of its claims processing intermediaries | ||||||
18 | which result in an inability to receive, process, or | ||||||
19 | adjudicate a claim, the 180-day period shall not begin | ||||||
20 | until the provider has been notified of the error. | ||||||
21 | (3) In the case of a provider for whom the Illinois | ||||||
22 | Department initiates the monthly billing process. | ||||||
23 | (4) In the case of a provider operated by a unit of | ||||||
24 | local government with a population exceeding 3,000,000 | ||||||
25 | when local government funds finance federal participation | ||||||
26 | for claims payments. |
| |||||||
| |||||||
1 | For claims for services rendered during a period for which | ||||||
2 | a recipient received retroactive eligibility, claims must be | ||||||
3 | filed within 180 days after the Department determines the | ||||||
4 | applicant is eligible. For claims for which the Illinois | ||||||
5 | Department is not the primary payer, claims must be submitted | ||||||
6 | to the Illinois Department within 180 days after the final | ||||||
7 | adjudication by the primary payer. | ||||||
8 | In the case of long term care facilities, within 120 | ||||||
9 | calendar days of receipt by the facility of required | ||||||
10 | prescreening information, new admissions with associated | ||||||
11 | admission documents shall be submitted through the Medical | ||||||
12 | Electronic Data Interchange (MEDI) or the Recipient | ||||||
13 | Eligibility Verification (REV) System or shall be submitted | ||||||
14 | directly to the Department of Human Services using required | ||||||
15 | admission forms. Effective September 1, 2014, admission | ||||||
16 | documents, including all prescreening information, must be | ||||||
17 | submitted through MEDI or REV. Confirmation numbers assigned | ||||||
18 | to an accepted transaction shall be retained by a facility to | ||||||
19 | verify timely submittal. Once an admission transaction has | ||||||
20 | been completed, all resubmitted claims following prior | ||||||
21 | rejection are subject to receipt no later than 180 days after | ||||||
22 | the admission transaction has been completed. | ||||||
23 | Claims that are not submitted and received in compliance | ||||||
24 | with the foregoing requirements shall not be eligible for | ||||||
25 | payment under the medical assistance program, and the State | ||||||
26 | shall have no liability for payment of those claims. |
| |||||||
| |||||||
1 | To the extent consistent with applicable information and | ||||||
2 | privacy, security, and disclosure laws, State and federal | ||||||
3 | agencies and departments shall provide the Illinois Department | ||||||
4 | access to confidential and other information and data | ||||||
5 | necessary to perform eligibility and payment verifications and | ||||||
6 | other Illinois Department functions. This includes, but is not | ||||||
7 | limited to: information pertaining to licensure; | ||||||
8 | certification; earnings; immigration status; citizenship; wage | ||||||
9 | reporting; unearned and earned income; pension income; | ||||||
10 | employment; supplemental security income; social security | ||||||
11 | numbers; National Provider Identifier (NPI) numbers; the | ||||||
12 | National Practitioner Data Bank (NPDB); program and agency | ||||||
13 | exclusions; taxpayer identification numbers; tax delinquency; | ||||||
14 | corporate information; and death records. | ||||||
15 | The Illinois Department shall enter into agreements with | ||||||
16 | State agencies and departments, and is authorized to enter | ||||||
17 | into agreements with federal agencies and departments, under | ||||||
18 | which such agencies and departments shall share data necessary | ||||||
19 | for medical assistance program integrity functions and | ||||||
20 | oversight. The Illinois Department shall develop, in | ||||||
21 | cooperation with other State departments and agencies, and in | ||||||
22 | compliance with applicable federal laws and regulations, | ||||||
23 | appropriate and effective methods to share such data. At a | ||||||
24 | minimum, and to the extent necessary to provide data sharing, | ||||||
25 | the Illinois Department shall enter into agreements with State | ||||||
26 | agencies and departments, and is authorized to enter into |
| |||||||
| |||||||
1 | agreements with federal agencies and departments, including, | ||||||
2 | but not limited to: the Secretary of State; the Department of | ||||||
3 | Revenue; the Department of Public Health; the Department of | ||||||
4 | Human Services; and the Department of Financial and | ||||||
5 | Professional Regulation. | ||||||
6 | Beginning in fiscal year 2013, the Illinois Department | ||||||
7 | shall set forth a request for information to identify the | ||||||
8 | benefits of a pre-payment, post-adjudication, and post-edit | ||||||
9 | claims system with the goals of streamlining claims processing | ||||||
10 | and provider reimbursement, reducing the number of pending or | ||||||
11 | rejected claims, and helping to ensure a more transparent | ||||||
12 | adjudication process through the utilization of: (i) provider | ||||||
13 | data verification and provider screening technology; and (ii) | ||||||
14 | clinical code editing; and (iii) pre-pay, pre-adjudicated , or | ||||||
15 | post-adjudicated predictive modeling with an integrated case | ||||||
16 | management system with link analysis. Such a request for | ||||||
17 | information shall not be considered as a request for proposal | ||||||
18 | or as an obligation on the part of the Illinois Department to | ||||||
19 | take any action or acquire any products or services. | ||||||
20 | The Illinois Department shall establish policies, | ||||||
21 | procedures, standards and criteria by rule for the | ||||||
22 | acquisition, repair and replacement of orthotic and prosthetic | ||||||
23 | devices and durable medical equipment. Such rules shall | ||||||
24 | provide, but not be limited to, the following services: (1) | ||||||
25 | immediate repair or replacement of such devices by recipients; | ||||||
26 | and (2) rental, lease, purchase or lease-purchase of durable |
| |||||||
| |||||||
1 | medical equipment in a cost-effective manner, taking into | ||||||
2 | consideration the recipient's medical prognosis, the extent of | ||||||
3 | the recipient's needs, and the requirements and costs for | ||||||
4 | maintaining such equipment. Subject to prior approval, such | ||||||
5 | rules shall enable a recipient to temporarily acquire and use | ||||||
6 | alternative or substitute devices or equipment pending repairs | ||||||
7 | or replacements of any device or equipment previously | ||||||
8 | authorized for such recipient by the Department. | ||||||
9 | Notwithstanding any provision of Section 5-5f to the contrary, | ||||||
10 | the Department may, by rule, exempt certain replacement | ||||||
11 | wheelchair parts from prior approval and, for wheelchairs, | ||||||
12 | wheelchair parts, wheelchair accessories, and related seating | ||||||
13 | and positioning items, determine the wholesale price by | ||||||
14 | methods other than actual acquisition costs. | ||||||
15 | The Department shall require, by rule, all providers of | ||||||
16 | durable medical equipment to be accredited by an accreditation | ||||||
17 | organization approved by the federal Centers for Medicare and | ||||||
18 | Medicaid Services and recognized by the Department in order to | ||||||
19 | bill the Department for providing durable medical equipment to | ||||||
20 | recipients. No later than 15 months after the effective date | ||||||
21 | of the rule adopted pursuant to this paragraph, all providers | ||||||
22 | must meet the accreditation requirement. | ||||||
23 | In order to promote environmental responsibility, meet the | ||||||
24 | needs of recipients and enrollees, and achieve significant | ||||||
25 | cost savings, the Department, or a managed care organization | ||||||
26 | under contract with the Department, may provide recipients or |
| |||||||
| |||||||
1 | managed care enrollees who have a prescription or Certificate | ||||||
2 | of Medical Necessity access to refurbished durable medical | ||||||
3 | equipment under this Section (excluding prosthetic and | ||||||
4 | orthotic devices as defined in the Orthotics, Prosthetics, and | ||||||
5 | Pedorthics Practice Act and complex rehabilitation technology | ||||||
6 | products and associated services) through the State's | ||||||
7 | assistive technology program's reutilization program, using | ||||||
8 | staff with the Assistive Technology Professional (ATP) | ||||||
9 | Certification if the refurbished durable medical equipment: | ||||||
10 | (i) is available; (ii) is less expensive, including shipping | ||||||
11 | costs, than new durable medical equipment of the same type; | ||||||
12 | (iii) is able to withstand at least 3 years of use; (iv) is | ||||||
13 | cleaned, disinfected, sterilized, and safe in accordance with | ||||||
14 | federal Food and Drug Administration regulations and guidance | ||||||
15 | governing the reprocessing of medical devices in health care | ||||||
16 | settings; and (v) equally meets the needs of the recipient or | ||||||
17 | enrollee. The reutilization program shall confirm that the | ||||||
18 | recipient or enrollee is not already in receipt of the same or | ||||||
19 | similar equipment from another service provider, and that the | ||||||
20 | refurbished durable medical equipment equally meets the needs | ||||||
21 | of the recipient or enrollee. Nothing in this paragraph shall | ||||||
22 | be construed to limit recipient or enrollee choice to obtain | ||||||
23 | new durable medical equipment or place any additional prior | ||||||
24 | authorization conditions on enrollees of managed care | ||||||
25 | organizations. | ||||||
26 | The Department shall execute, relative to the nursing home |
| |||||||
| |||||||
1 | prescreening project, written inter-agency agreements with the | ||||||
2 | Department of Human Services and the Department on Aging, to | ||||||
3 | effect the following: (i) intake procedures and common | ||||||
4 | eligibility criteria for those persons who are receiving | ||||||
5 | non-institutional services; and (ii) the establishment and | ||||||
6 | development of non-institutional services in areas of the | ||||||
7 | State where they are not currently available or are | ||||||
8 | undeveloped; and (iii) notwithstanding any other provision of | ||||||
9 | law, subject to federal approval, on and after July 1, 2012, an | ||||||
10 | increase in the determination of need (DON) scores from 29 to | ||||||
11 | 37 for applicants for institutional and home and | ||||||
12 | community-based long term care; if and only if federal | ||||||
13 | approval is not granted, the Department may, in conjunction | ||||||
14 | with other affected agencies, implement utilization controls | ||||||
15 | or changes in benefit packages to effectuate a similar savings | ||||||
16 | amount for this population; and (iv) no later than July 1, | ||||||
17 | 2013, minimum level of care eligibility criteria for | ||||||
18 | institutional and home and community-based long term care; and | ||||||
19 | (v) no later than October 1, 2013, establish procedures to | ||||||
20 | permit long term care providers access to eligibility scores | ||||||
21 | for individuals with an admission date who are seeking or | ||||||
22 | receiving services from the long term care provider. In order | ||||||
23 | to select the minimum level of care eligibility criteria, the | ||||||
24 | Governor shall establish a workgroup that includes affected | ||||||
25 | agency representatives and stakeholders representing the | ||||||
26 | institutional and home and community-based long term care |
| |||||||
| |||||||
1 | interests. This Section shall not restrict the Department from | ||||||
2 | implementing lower level of care eligibility criteria for | ||||||
3 | community-based services in circumstances where federal | ||||||
4 | approval has been granted. | ||||||
5 | The Illinois Department shall develop and operate, in | ||||||
6 | cooperation with other State Departments and agencies and in | ||||||
7 | compliance with applicable federal laws and regulations, | ||||||
8 | appropriate and effective systems of health care evaluation | ||||||
9 | and programs for monitoring of utilization of health care | ||||||
10 | services and facilities, as it affects persons eligible for | ||||||
11 | medical assistance under this Code. | ||||||
12 | The Illinois Department shall report annually to the | ||||||
13 | General Assembly, no later than the second Friday in April of | ||||||
14 | 1979 and each year thereafter, in regard to: | ||||||
15 | (a) actual statistics and trends in utilization of | ||||||
16 | medical services by public aid recipients; | ||||||
17 | (b) actual statistics and trends in the provision of | ||||||
18 | the various medical services by medical vendors; | ||||||
19 | (c) current rate structures and proposed changes in | ||||||
20 | those rate structures for the various medical vendors; and | ||||||
21 | (d) efforts at utilization review and control by the | ||||||
22 | Illinois Department. | ||||||
23 | The period covered by each report shall be the 3 years | ||||||
24 | ending on the June 30 prior to the report. The report shall | ||||||
25 | include suggested legislation for consideration by the General | ||||||
26 | Assembly. The requirement for reporting to the General |
| |||||||
| |||||||
1 | Assembly shall be satisfied by filing copies of the report as | ||||||
2 | required by Section 3.1 of the General Assembly Organization | ||||||
3 | Act, and filing such additional copies with the State | ||||||
4 | Government Report Distribution Center for the General Assembly | ||||||
5 | as is required under paragraph (t) of Section 7 of the State | ||||||
6 | Library Act. | ||||||
7 | Rulemaking authority to implement Public Act 95-1045, if | ||||||
8 | any, is conditioned on the rules being adopted in accordance | ||||||
9 | with all provisions of the Illinois Administrative Procedure | ||||||
10 | Act and all rules and procedures of the Joint Committee on | ||||||
11 | Administrative Rules; any purported rule not so adopted, for | ||||||
12 | whatever reason, is unauthorized. | ||||||
13 | On and after July 1, 2012, the Department shall reduce any | ||||||
14 | rate of reimbursement for services or other payments or alter | ||||||
15 | any methodologies authorized by this Code to reduce any rate | ||||||
16 | of reimbursement for services or other payments in accordance | ||||||
17 | with Section 5-5e. | ||||||
18 | Because kidney transplantation can be an appropriate, | ||||||
19 | cost-effective alternative to renal dialysis when medically | ||||||
20 | necessary and notwithstanding the provisions of Section 1-11 | ||||||
21 | of this Code, beginning October 1, 2014, the Department shall | ||||||
22 | cover kidney transplantation for noncitizens with end-stage | ||||||
23 | renal disease who are not eligible for comprehensive medical | ||||||
24 | benefits, who meet the residency requirements of Section 5-3 | ||||||
25 | of this Code, and who would otherwise meet the financial | ||||||
26 | requirements of the appropriate class of eligible persons |
| |||||||
| |||||||
1 | under Section 5-2 of this Code. To qualify for coverage of | ||||||
2 | kidney transplantation, such person must be receiving | ||||||
3 | emergency renal dialysis services covered by the Department. | ||||||
4 | Providers under this Section shall be prior approved and | ||||||
5 | certified by the Department to perform kidney transplantation | ||||||
6 | and the services under this Section shall be limited to | ||||||
7 | services associated with kidney transplantation. | ||||||
8 | Notwithstanding any other provision of this Code to the | ||||||
9 | contrary, on or after July 1, 2015, all FDA approved forms of | ||||||
10 | medication assisted treatment prescribed for the treatment of | ||||||
11 | alcohol dependence or treatment of opioid dependence shall be | ||||||
12 | covered under both fee-for-service fee for service and managed | ||||||
13 | care medical assistance programs for persons who are otherwise | ||||||
14 | eligible for medical assistance under this Article and shall | ||||||
15 | not be subject to any (1) utilization control, other than | ||||||
16 | those established under the American Society of Addiction | ||||||
17 | Medicine patient placement criteria, (2) prior authorization | ||||||
18 | mandate, or (3) lifetime restriction limit mandate. | ||||||
19 | On or after July 1, 2015, opioid antagonists prescribed | ||||||
20 | for the treatment of an opioid overdose, including the | ||||||
21 | medication product, administration devices, and any pharmacy | ||||||
22 | fees or hospital fees related to the dispensing, distribution, | ||||||
23 | and administration of the opioid antagonist, shall be covered | ||||||
24 | under the medical assistance program for persons who are | ||||||
25 | otherwise eligible for medical assistance under this Article. | ||||||
26 | As used in this Section, "opioid antagonist" means a drug that |
| |||||||
| |||||||
1 | binds to opioid receptors and blocks or inhibits the effect of | ||||||
2 | opioids acting on those receptors, including, but not limited | ||||||
3 | to, naloxone hydrochloride or any other similarly acting drug | ||||||
4 | approved by the U.S. Food and Drug Administration. The | ||||||
5 | Department shall not impose a copayment on the coverage | ||||||
6 | provided for naloxone hydrochloride under the medical | ||||||
7 | assistance program. | ||||||
8 | Upon federal approval, the Department shall provide | ||||||
9 | coverage and reimbursement for all drugs that are approved for | ||||||
10 | marketing by the federal Food and Drug Administration and that | ||||||
11 | are recommended by the federal Public Health Service or the | ||||||
12 | United States Centers for Disease Control and Prevention for | ||||||
13 | pre-exposure prophylaxis and related pre-exposure prophylaxis | ||||||
14 | services, including, but not limited to, HIV and sexually | ||||||
15 | transmitted infection screening, treatment for sexually | ||||||
16 | transmitted infections, medical monitoring, assorted labs, and | ||||||
17 | counseling to reduce the likelihood of HIV infection among | ||||||
18 | individuals who are not infected with HIV but who are at high | ||||||
19 | risk of HIV infection. | ||||||
20 | A federally qualified health center, as defined in Section | ||||||
21 | 1905(l)(2)(B) of the federal Social Security Act, shall be | ||||||
22 | reimbursed by the Department in accordance with the federally | ||||||
23 | qualified health center's encounter rate for services provided | ||||||
24 | to medical assistance recipients that are performed by a | ||||||
25 | dental hygienist, as defined under the Illinois Dental | ||||||
26 | Practice Act, working under the general supervision of a |
| |||||||
| |||||||
1 | dentist and employed by a federally qualified health center. | ||||||
2 | Within 90 days after October 8, 2021 (the effective date | ||||||
3 | of Public Act 102-665), the Department shall seek federal | ||||||
4 | approval of a State Plan amendment to expand coverage for | ||||||
5 | family planning services that includes presumptive eligibility | ||||||
6 | to individuals whose income is at or below 208% of the federal | ||||||
7 | poverty level. Coverage under this Section shall be effective | ||||||
8 | beginning no later than December 1, 2022. | ||||||
9 | Subject to approval by the federal Centers for Medicare | ||||||
10 | and Medicaid Services of a Title XIX State Plan amendment | ||||||
11 | electing the Program of All-Inclusive Care for the Elderly | ||||||
12 | (PACE) as a State Medicaid option, as provided for by Subtitle | ||||||
13 | I (commencing with Section 4801) of Title IV of the Balanced | ||||||
14 | Budget Act of 1997 (Public Law 105-33) and Part 460 | ||||||
15 | (commencing with Section 460.2) of Subchapter E of Title 42 of | ||||||
16 | the Code of Federal Regulations, PACE program services shall | ||||||
17 | become a covered benefit of the medical assistance program, | ||||||
18 | subject to criteria established in accordance with all | ||||||
19 | applicable laws. | ||||||
20 | Notwithstanding any other provision of this Code, | ||||||
21 | community-based pediatric palliative care from a trained | ||||||
22 | interdisciplinary team shall be covered under the medical | ||||||
23 | assistance program as provided in Section 15 of the Pediatric | ||||||
24 | Palliative Care Act. | ||||||
25 | Notwithstanding any other provision of this Code, within | ||||||
26 | 12 months after June 2, 2022 (the effective date of Public Act |
| |||||||
| |||||||
1 | 102-1037) and subject to federal approval, acupuncture | ||||||
2 | services performed by an acupuncturist licensed under the | ||||||
3 | Acupuncture Practice Act who is acting within the scope of his | ||||||
4 | or her license shall be covered under the medical assistance | ||||||
5 | program. The Department shall apply for any federal waiver or | ||||||
6 | State Plan amendment, if required, to implement this | ||||||
7 | paragraph. The Department may adopt any rules, including | ||||||
8 | standards and criteria, necessary to implement this paragraph. | ||||||
9 | Notwithstanding any other provision of this Code, the | ||||||
10 | medical assistance program shall, subject to appropriation and | ||||||
11 | federal approval, reimburse hospitals for costs associated | ||||||
12 | with a newborn screening test for the presence of | ||||||
13 | metachromatic leukodystrophy, as required under the Newborn | ||||||
14 | Metabolic Screening Act, at a rate not less than the fee | ||||||
15 | charged by the Department of Public Health. The Department | ||||||
16 | shall seek federal approval before the implementation of the | ||||||
17 | newborn screening test fees by the Department of Public | ||||||
18 | Health. | ||||||
19 | Notwithstanding any other provision of this Code, | ||||||
20 | beginning on January 1, 2024, subject to federal approval, | ||||||
21 | cognitive assessment and care planning services provided to a | ||||||
22 | person who experiences signs or symptoms of cognitive | ||||||
23 | impairment, as defined by the Diagnostic and Statistical | ||||||
24 | Manual of Mental Disorders, Fifth Edition, shall be covered | ||||||
25 | under the medical assistance program for persons who are | ||||||
26 | otherwise eligible for medical assistance under this Article. |
| |||||||
| |||||||
1 | Notwithstanding any other provision of this Code, | ||||||
2 | medically necessary reconstructive services that are intended | ||||||
3 | to restore physical appearance shall be covered under the | ||||||
4 | medical assistance program for persons who are otherwise | ||||||
5 | eligible for medical assistance under this Article. As used in | ||||||
6 | this paragraph, "reconstructive services" means treatments | ||||||
7 | performed on structures of the body damaged by trauma to | ||||||
8 | restore physical appearance. | ||||||
9 | (Source: P.A. 102-43, Article 30, Section 30-5, eff. 7-6-21; | ||||||
10 | 102-43, Article 35, Section 35-5, eff. 7-6-21; 102-43, Article | ||||||
11 | 55, Section 55-5, eff. 7-6-21; 102-95, eff. 1-1-22; 102-123, | ||||||
12 | eff. 1-1-22; 102-558, eff. 8-20-21; 102-598, eff. 1-1-22; | ||||||
13 | 102-655, eff. 1-1-22; 102-665, eff. 10-8-21; 102-813, eff. | ||||||
14 | 5-13-22; 102-1018, eff. 1-1-23; 102-1037, eff. 6-2-22; | ||||||
15 | 102-1038, eff. 1-1-23; 103-102, Article 15, Section 15-5, eff. | ||||||
16 | 1-1-24; 103-102, Article 95, Section 95-15, eff. 1-1-24; | ||||||
17 | 103-123, eff. 1-1-24; 103-154, eff. 6-30-23; 103-368, eff. | ||||||
18 | 1-1-24; revised 12-15-23.)
| ||||||
19 | (305 ILCS 5/5-5.01a) | ||||||
20 | Sec. 5-5.01a. Supportive living facilities program. | ||||||
21 | (a) The Department shall establish and provide oversight | ||||||
22 | for a program of supportive living facilities that seek to | ||||||
23 | promote resident independence, dignity, respect, and | ||||||
24 | well-being in the most cost-effective manner. | ||||||
25 | A supportive living facility is (i) a free-standing |
| |||||||
| |||||||
1 | facility or (ii) a distinct physical and operational entity | ||||||
2 | within a mixed-use building that meets the criteria | ||||||
3 | established in subsection (d). A supportive living facility | ||||||
4 | integrates housing with health, personal care, and supportive | ||||||
5 | services and is a designated setting that offers residents | ||||||
6 | their own separate, private, and distinct living units. | ||||||
7 | Sites for the operation of the program shall be selected | ||||||
8 | by the Department based upon criteria that may include the | ||||||
9 | need for services in a geographic area, the availability of | ||||||
10 | funding, and the site's ability to meet the standards. | ||||||
11 | (b) Beginning July 1, 2014, subject to federal approval, | ||||||
12 | the Medicaid rates for supportive living facilities shall be | ||||||
13 | equal to the supportive living facility Medicaid rate | ||||||
14 | effective on June 30, 2014 increased by 8.85%. Once the | ||||||
15 | assessment imposed at Article V-G of this Code is determined | ||||||
16 | to be a permissible tax under Title XIX of the Social Security | ||||||
17 | Act, the Department shall increase the Medicaid rates for | ||||||
18 | supportive living facilities effective on July 1, 2014 by | ||||||
19 | 9.09%. The Department shall apply this increase retroactively | ||||||
20 | to coincide with the imposition of the assessment in Article | ||||||
21 | V-G of this Code in accordance with the approval for federal | ||||||
22 | financial participation by the Centers for Medicare and | ||||||
23 | Medicaid Services. | ||||||
24 | The Medicaid rates for supportive living facilities | ||||||
25 | effective on July 1, 2017 must be equal to the rates in effect | ||||||
26 | for supportive living facilities on June 30, 2017 increased by |
| |||||||
| |||||||
1 | 2.8%. | ||||||
2 | The Medicaid rates for supportive living facilities | ||||||
3 | effective on July 1, 2018 must be equal to the rates in effect | ||||||
4 | for supportive living facilities on June 30, 2018. | ||||||
5 | Subject to federal approval, the Medicaid rates for | ||||||
6 | supportive living services on and after July 1, 2019 must be at | ||||||
7 | least 54.3% of the average total nursing facility services per | ||||||
8 | diem for the geographic areas defined by the Department while | ||||||
9 | maintaining the rate differential for dementia care and must | ||||||
10 | be updated whenever the total nursing facility service per | ||||||
11 | diems are updated. Beginning July 1, 2022, upon the | ||||||
12 | implementation of the Patient Driven Payment Model, Medicaid | ||||||
13 | rates for supportive living services must be at least 54.3% of | ||||||
14 | the average total nursing services per diem rate for the | ||||||
15 | geographic areas. For purposes of this provision, the average | ||||||
16 | total nursing services per diem rate shall include all add-ons | ||||||
17 | for nursing facilities for the geographic area provided for in | ||||||
18 | Section 5-5.2. The rate differential for dementia care must be | ||||||
19 | maintained in these rates and the rates shall be updated | ||||||
20 | whenever nursing facility per diem rates are updated. | ||||||
21 | Subject to federal approval, beginning January 1, 2024, | ||||||
22 | the dementia care rate for supportive living services must be | ||||||
23 | no less than the non-dementia care supportive living services | ||||||
24 | rate multiplied by 1.5. | ||||||
25 | (c) The Department may adopt rules to implement this | ||||||
26 | Section. Rules that establish or modify the services, |
| |||||||
| |||||||
1 | standards, and conditions for participation in the program | ||||||
2 | shall be adopted by the Department in consultation with the | ||||||
3 | Department on Aging, the Department of Rehabilitation | ||||||
4 | Services, and the Department of Mental Health and | ||||||
5 | Developmental Disabilities (or their successor agencies). | ||||||
6 | (d) Subject to federal approval by the Centers for | ||||||
7 | Medicare and Medicaid Services, the Department shall accept | ||||||
8 | for consideration of certification under the program any | ||||||
9 | application for a site or building where distinct parts of the | ||||||
10 | site or building are designated for purposes other than the | ||||||
11 | provision of supportive living services, but only if: | ||||||
12 | (1) those distinct parts of the site or building are | ||||||
13 | not designated for the purpose of providing assisted | ||||||
14 | living services as required under the Assisted Living and | ||||||
15 | Shared Housing Act; | ||||||
16 | (2) those distinct parts of the site or building are | ||||||
17 | completely separate from the part of the building used for | ||||||
18 | the provision of supportive living program services, | ||||||
19 | including separate entrances; | ||||||
20 | (3) those distinct parts of the site or building do | ||||||
21 | not share any common spaces with the part of the building | ||||||
22 | used for the provision of supportive living program | ||||||
23 | services; and | ||||||
24 | (4) those distinct parts of the site or building do | ||||||
25 | not share staffing with the part of the building used for | ||||||
26 | the provision of supportive living program services. |
| |||||||
| |||||||
1 | (e) Facilities or distinct parts of facilities which are | ||||||
2 | selected as supportive living facilities and are in good | ||||||
3 | standing with the Department's rules are exempt from the | ||||||
4 | provisions of the Nursing Home Care Act and the Illinois | ||||||
5 | Health Facilities Planning Act. | ||||||
6 | (f) Section 9817 of the American Rescue Plan Act of 2021 | ||||||
7 | (Public Law 117-2) authorizes a 10% enhanced federal medical | ||||||
8 | assistance percentage for supportive living services for a | ||||||
9 | 12-month period from April 1, 2021 through March 31, 2022. | ||||||
10 | Subject to federal approval, including the approval of any | ||||||
11 | necessary waiver amendments or other federally required | ||||||
12 | documents or assurances, for a 12-month period the Department | ||||||
13 | must pay a supplemental $26 per diem rate to all supportive | ||||||
14 | living facilities with the additional federal financial | ||||||
15 | participation funds that result from the enhanced federal | ||||||
16 | medical assistance percentage from April 1, 2021 through March | ||||||
17 | 31, 2022. The Department may issue parameters around how the | ||||||
18 | supplemental payment should be spent, including quality | ||||||
19 | improvement activities. The Department may alter the form, | ||||||
20 | methods, or timeframes concerning the supplemental per diem | ||||||
21 | rate to comply with any subsequent changes to federal law, | ||||||
22 | changes made by guidance issued by the federal Centers for | ||||||
23 | Medicare and Medicaid Services, or other changes necessary to | ||||||
24 | receive the enhanced federal medical assistance percentage. | ||||||
25 | (g) All applications for the expansion of supportive | ||||||
26 | living dementia care settings involving sites not approved by |
| |||||||
| |||||||
1 | the Department on January 1, 2024 ( the effective date of | ||||||
2 | Public Act 103-102) this amendatory Act of the 103rd General | ||||||
3 | Assembly may allow new elderly non-dementia units in addition | ||||||
4 | to new dementia care units. The Department may approve such | ||||||
5 | applications only if the application has: (1) no more than one | ||||||
6 | non-dementia care unit for each dementia care unit and (2) the | ||||||
7 | site is not located within 4 miles of an existing supportive | ||||||
8 | living program site in Cook County (including the City of | ||||||
9 | Chicago), not located within 12 miles of an existing | ||||||
10 | supportive living program site in DuPage County, Kane County, | ||||||
11 | Lake County, McHenry County, or Will County, or not located | ||||||
12 | within 25 miles of an existing supportive living program site | ||||||
13 | in any other county. | ||||||
14 | (Source: P.A. 102-43, eff. 7-6-21; 102-699, eff. 4-19-22; | ||||||
15 | 103-102, Article 20, Section 20-5, eff. 1-1-24; 103-102, | ||||||
16 | Article 100, Section 100-5, eff. 1-1-24; revised 12-15-23.)
| ||||||
17 | (305 ILCS 5/5-5.05) | ||||||
18 | Sec. 5-5.05. Hospitals; psychiatric services. | ||||||
19 | (a) On and after January 1, 2024, the inpatient, per diem | ||||||
20 | rate to be paid to a hospital for inpatient psychiatric | ||||||
21 | services shall be not less than 90% of the per diem rate | ||||||
22 | established in accordance with subsection paragraph (b-5) of | ||||||
23 | this Section, subject to the provisions of Section 14-12.5. | ||||||
24 | (b) For purposes of this Section, "hospital" means a | ||||||
25 | hospital with a distinct part unit for psychiatric services. |
| |||||||
| |||||||
1 | For purposes of this Section, "inpatient psychiatric | ||||||
2 | services" means those services provided to patients who are in | ||||||
3 | need of short-term acute inpatient hospitalization for active | ||||||
4 | treatment of an emotional or mental disorder. | ||||||
5 | (b-5) Notwithstanding any other provision of this Section, | ||||||
6 | the inpatient, per diem rate to be paid to all safety-net | ||||||
7 | hospitals for inpatient psychiatric services on and after | ||||||
8 | January 1, 2021 shall be at least $630, subject to the | ||||||
9 | provisions of Section 14-12.5. | ||||||
10 | (b-10) Notwithstanding any other provision of this | ||||||
11 | Section, effective with dates of service on and after January | ||||||
12 | 1, 2022, any general acute care hospital with more than 9,500 | ||||||
13 | inpatient psychiatric Medicaid days in any calendar year shall | ||||||
14 | be paid the inpatient per diem rate of no less than $630, | ||||||
15 | subject to the provisions of Section 14-12.5. | ||||||
16 | (c) No rules shall be promulgated to implement this | ||||||
17 | Section. For purposes of this Section, "rules" is given the | ||||||
18 | meaning contained in Section 1-70 of the Illinois | ||||||
19 | Administrative Procedure Act. | ||||||
20 | (d) (Blank). | ||||||
21 | (e) On and after July 1, 2012, the Department shall reduce | ||||||
22 | any rate of reimbursement for services or other payments or | ||||||
23 | alter any methodologies authorized by this Code to reduce any | ||||||
24 | rate of reimbursement for services or other payments in | ||||||
25 | accordance with Section 5-5e. | ||||||
26 | (Source: P.A. 102-4, eff. 4-27-21; 102-674, eff. 11-30-21; |
| |||||||
| |||||||
1 | 103-102, eff. 6-16-23; revised 9-21-23.)
| ||||||
2 | (305 ILCS 5/5-5.2) | ||||||
3 | Sec. 5-5.2. Payment. | ||||||
4 | (a) All nursing facilities that are grouped pursuant to | ||||||
5 | Section 5-5.1 of this Act shall receive the same rate of | ||||||
6 | payment for similar services. | ||||||
7 | (b) It shall be a matter of State policy that the Illinois | ||||||
8 | Department shall utilize a uniform billing cycle throughout | ||||||
9 | the State for the long-term care providers. | ||||||
10 | (c) (Blank). | ||||||
11 | (c-1) Notwithstanding any other provisions of this Code, | ||||||
12 | the methodologies for reimbursement of nursing services as | ||||||
13 | provided under this Article shall no longer be applicable for | ||||||
14 | bills payable for nursing services rendered on or after a new | ||||||
15 | reimbursement system based on the Patient Driven Payment Model | ||||||
16 | (PDPM) has been fully operationalized, which shall take effect | ||||||
17 | for services provided on or after the implementation of the | ||||||
18 | PDPM reimbursement system begins. For the purposes of Public | ||||||
19 | Act 102-1035 this amendatory Act of the 102nd General | ||||||
20 | Assembly , the implementation date of the PDPM reimbursement | ||||||
21 | system and all related provisions shall be July 1, 2022 if the | ||||||
22 | following conditions are met: (i) the Centers for Medicare and | ||||||
23 | Medicaid Services has approved corresponding changes in the | ||||||
24 | reimbursement system and bed assessment; and (ii) the | ||||||
25 | Department has filed rules to implement these changes no later |
| |||||||
| |||||||
1 | than June 1, 2022. Failure of the Department to file rules to | ||||||
2 | implement the changes provided in Public Act 102-1035 this | ||||||
3 | amendatory Act of the 102nd General Assembly no later than | ||||||
4 | June 1, 2022 shall result in the implementation date being | ||||||
5 | delayed to October 1, 2022. | ||||||
6 | (d) The new nursing services reimbursement methodology | ||||||
7 | utilizing the Patient Driven Payment Model, which shall be | ||||||
8 | referred to as the PDPM reimbursement system, taking effect | ||||||
9 | July 1, 2022, upon federal approval by the Centers for | ||||||
10 | Medicare and Medicaid Services, shall be based on the | ||||||
11 | following: | ||||||
12 | (1) The methodology shall be resident-centered, | ||||||
13 | facility-specific, cost-based, and based on guidance from | ||||||
14 | the Centers for Medicare and Medicaid Services. | ||||||
15 | (2) Costs shall be annually rebased and case mix index | ||||||
16 | quarterly updated. The nursing services methodology will | ||||||
17 | be assigned to the Medicaid enrolled residents on record | ||||||
18 | as of 30 days prior to the beginning of the rate period in | ||||||
19 | the Department's Medicaid Management Information System | ||||||
20 | (MMIS) as present on the last day of the second quarter | ||||||
21 | preceding the rate period based upon the Assessment | ||||||
22 | Reference Date of the Minimum Data Set (MDS). | ||||||
23 | (3) Regional wage adjustors based on the Health | ||||||
24 | Service Areas (HSA) groupings and adjusters in effect on | ||||||
25 | April 30, 2012 shall be included, except no adjuster shall | ||||||
26 | be lower than 1.06. |
| |||||||
| |||||||
1 | (4) PDPM nursing case mix indices in effect on March | ||||||
2 | 1, 2022 shall be assigned to each resident class at no less | ||||||
3 | than 0.7858 of the Centers for Medicare and Medicaid | ||||||
4 | Services PDPM unadjusted case mix values, in effect on | ||||||
5 | March 1, 2022. | ||||||
6 | (5) The pool of funds available for distribution by | ||||||
7 | case mix and the base facility rate shall be determined | ||||||
8 | using the formula contained in subsection (d-1). | ||||||
9 | (6) The Department shall establish a variable per diem | ||||||
10 | staffing add-on in accordance with the most recent | ||||||
11 | available federal staffing report, currently the Payroll | ||||||
12 | Based Journal, for the same period of time, and if | ||||||
13 | applicable adjusted for acuity using the same quarter's | ||||||
14 | MDS. The Department shall rely on Payroll Based Journals | ||||||
15 | provided to the Department of Public Health to make a | ||||||
16 | determination of non-submission. If the Department is | ||||||
17 | notified by a facility of missing or inaccurate Payroll | ||||||
18 | Based Journal data or an incorrect calculation of | ||||||
19 | staffing, the Department must make a correction as soon as | ||||||
20 | the error is verified for the applicable quarter. | ||||||
21 | Facilities with at least 70% of the staffing indicated | ||||||
22 | by the STRIVE study shall be paid a per diem add-on of $9, | ||||||
23 | increasing by equivalent steps for each whole percentage | ||||||
24 | point until the facilities reach a per diem of $14.88. | ||||||
25 | Facilities with at least 80% of the staffing indicated by | ||||||
26 | the STRIVE study shall be paid a per diem add-on of $14.88, |
| |||||||
| |||||||
1 | increasing by equivalent steps for each whole percentage | ||||||
2 | point until the facilities reach a per diem add-on of | ||||||
3 | $23.80. Facilities with at least 92% of the staffing | ||||||
4 | indicated by the STRIVE study shall be paid a per diem | ||||||
5 | add-on of $23.80, increasing by equivalent steps for each | ||||||
6 | whole percentage point until the facilities reach a per | ||||||
7 | diem add-on of $29.75. Facilities with at least 100% of | ||||||
8 | the staffing indicated by the STRIVE study shall be paid a | ||||||
9 | per diem add-on of $29.75, increasing by equivalent steps | ||||||
10 | for each whole percentage point until the facilities reach | ||||||
11 | a per diem add-on of $35.70. Facilities with at least 110% | ||||||
12 | of the staffing indicated by the STRIVE study shall be | ||||||
13 | paid a per diem add-on of $35.70, increasing by equivalent | ||||||
14 | steps for each whole percentage point until the facilities | ||||||
15 | reach a per diem add-on of $38.68. Facilities with at | ||||||
16 | least 125% or higher of the staffing indicated by the | ||||||
17 | STRIVE study shall be paid a per diem add-on of $38.68. | ||||||
18 | Beginning April 1, 2023, no nursing facility's variable | ||||||
19 | staffing per diem add-on shall be reduced by more than 5% | ||||||
20 | in 2 consecutive quarters. For the quarters beginning July | ||||||
21 | 1, 2022 and October 1, 2022, no facility's variable per | ||||||
22 | diem staffing add-on shall be calculated at a rate lower | ||||||
23 | than 85% of the staffing indicated by the STRIVE study. No | ||||||
24 | facility below 70% of the staffing indicated by the STRIVE | ||||||
25 | study shall receive a variable per diem staffing add-on | ||||||
26 | after December 31, 2022. |
| |||||||
| |||||||
1 | (7) For dates of services beginning July 1, 2022, the | ||||||
2 | PDPM nursing component per diem for each nursing facility | ||||||
3 | shall be the product of the facility's (i) statewide PDPM | ||||||
4 | nursing base per diem rate, $92.25, adjusted for the | ||||||
5 | facility average PDPM case mix index calculated quarterly | ||||||
6 | and (ii) the regional wage adjuster, and then add the | ||||||
7 | Medicaid access adjustment as defined in (e-3) of this | ||||||
8 | Section. Transition rates for services provided between | ||||||
9 | July 1, 2022 and October 1, 2023 shall be the greater of | ||||||
10 | the PDPM nursing component per diem or: | ||||||
11 | (A) for the quarter beginning July 1, 2022, the | ||||||
12 | RUG-IV nursing component per diem; | ||||||
13 | (B) for the quarter beginning October 1, 2022, the | ||||||
14 | sum of the RUG-IV nursing component per diem | ||||||
15 | multiplied by 0.80 and the PDPM nursing component per | ||||||
16 | diem multiplied by 0.20; | ||||||
17 | (C) for the quarter beginning January 1, 2023, the | ||||||
18 | sum of the RUG-IV nursing component per diem | ||||||
19 | multiplied by 0.60 and the PDPM nursing component per | ||||||
20 | diem multiplied by 0.40; | ||||||
21 | (D) for the quarter beginning April 1, 2023, the | ||||||
22 | sum of the RUG-IV nursing component per diem | ||||||
23 | multiplied by 0.40 and the PDPM nursing component per | ||||||
24 | diem multiplied by 0.60; | ||||||
25 | (E) for the quarter beginning July 1, 2023, the | ||||||
26 | sum of the RUG-IV nursing component per diem |
| |||||||
| |||||||
1 | multiplied by 0.20 and the PDPM nursing component per | ||||||
2 | diem multiplied by 0.80; or | ||||||
3 | (F) for the quarter beginning October 1, 2023 and | ||||||
4 | each subsequent quarter, the transition rate shall end | ||||||
5 | and a nursing facility shall be paid 100% of the PDPM | ||||||
6 | nursing component per diem. | ||||||
7 | (d-1) Calculation of base year Statewide RUG-IV nursing | ||||||
8 | base per diem rate. | ||||||
9 | (1) Base rate spending pool shall be: | ||||||
10 | (A) The base year resident days which are | ||||||
11 | calculated by multiplying the number of Medicaid | ||||||
12 | residents in each nursing home as indicated in the MDS | ||||||
13 | data defined in paragraph (4) by 365. | ||||||
14 | (B) Each facility's nursing component per diem in | ||||||
15 | effect on July 1, 2012 shall be multiplied by | ||||||
16 | subsection (A). | ||||||
17 | (C) Thirteen million is added to the product of | ||||||
18 | subparagraph (A) and subparagraph (B) to adjust for | ||||||
19 | the exclusion of nursing homes defined in paragraph | ||||||
20 | (5). | ||||||
21 | (2) For each nursing home with Medicaid residents as | ||||||
22 | indicated by the MDS data defined in paragraph (4), | ||||||
23 | weighted days adjusted for case mix and regional wage | ||||||
24 | adjustment shall be calculated. For each home this | ||||||
25 | calculation is the product of: | ||||||
26 | (A) Base year resident days as calculated in |
| |||||||
| |||||||
1 | subparagraph (A) of paragraph (1). | ||||||
2 | (B) The nursing home's regional wage adjustor | ||||||
3 | based on the Health Service Areas (HSA) groupings and | ||||||
4 | adjustors in effect on April 30, 2012. | ||||||
5 | (C) Facility weighted case mix which is the number | ||||||
6 | of Medicaid residents as indicated by the MDS data | ||||||
7 | defined in paragraph (4) multiplied by the associated | ||||||
8 | case weight for the RUG-IV 48 grouper model using | ||||||
9 | standard RUG-IV procedures for index maximization. | ||||||
10 | (D) The sum of the products calculated for each | ||||||
11 | nursing home in subparagraphs (A) through (C) above | ||||||
12 | shall be the base year case mix, rate adjusted | ||||||
13 | weighted days. | ||||||
14 | (3) The Statewide RUG-IV nursing base per diem rate: | ||||||
15 | (A) on January 1, 2014 shall be the quotient of the | ||||||
16 | paragraph (1) divided by the sum calculated under | ||||||
17 | subparagraph (D) of paragraph (2); | ||||||
18 | (B) on and after July 1, 2014 and until July 1, | ||||||
19 | 2022, shall be the amount calculated under | ||||||
20 | subparagraph (A) of this paragraph (3) plus $1.76; and | ||||||
21 | (C) beginning July 1, 2022 and thereafter, $7 | ||||||
22 | shall be added to the amount calculated under | ||||||
23 | subparagraph (B) of this paragraph (3) of this | ||||||
24 | Section. | ||||||
25 | (4) Minimum Data Set (MDS) comprehensive assessments | ||||||
26 | for Medicaid residents on the last day of the quarter used |
| |||||||
| |||||||
1 | to establish the base rate. | ||||||
2 | (5) Nursing facilities designated as of July 1, 2012 | ||||||
3 | by the Department as "Institutions for Mental Disease" | ||||||
4 | shall be excluded from all calculations under this | ||||||
5 | subsection. The data from these facilities shall not be | ||||||
6 | used in the computations described in paragraphs (1) | ||||||
7 | through (4) above to establish the base rate. | ||||||
8 | (e) Beginning July 1, 2014, the Department shall allocate | ||||||
9 | funding in the amount up to $10,000,000 for per diem add-ons to | ||||||
10 | the RUGS methodology for dates of service on and after July 1, | ||||||
11 | 2014: | ||||||
12 | (1) $0.63 for each resident who scores in I4200 | ||||||
13 | Alzheimer's Disease or I4800 non-Alzheimer's Dementia. | ||||||
14 | (2) $2.67 for each resident who scores either a "1" or | ||||||
15 | "2" in any items S1200A through S1200I and also scores in | ||||||
16 | RUG groups PA1, PA2, BA1, or BA2. | ||||||
17 | (e-1) (Blank). | ||||||
18 | (e-2) For dates of services beginning January 1, 2014 and | ||||||
19 | ending September 30, 2023, the RUG-IV nursing component per | ||||||
20 | diem for a nursing home shall be the product of the statewide | ||||||
21 | RUG-IV nursing base per diem rate, the facility average case | ||||||
22 | mix index, and the regional wage adjustor. For dates of | ||||||
23 | service beginning July 1, 2022 and ending September 30, 2023, | ||||||
24 | the Medicaid access adjustment described in subsection (e-3) | ||||||
25 | shall be added to the product. | ||||||
26 | (e-3) A Medicaid Access Adjustment of $4 adjusted for the |
| |||||||
| |||||||
1 | facility average PDPM case mix index calculated quarterly | ||||||
2 | shall be added to the statewide PDPM nursing per diem for all | ||||||
3 | facilities with annual Medicaid bed days of at least 70% of all | ||||||
4 | occupied bed days adjusted quarterly. For each new calendar | ||||||
5 | year and for the 6-month period beginning July 1, 2022, the | ||||||
6 | percentage of a facility's occupied bed days comprised of | ||||||
7 | Medicaid bed days shall be determined by the Department | ||||||
8 | quarterly. For dates of service beginning January 1, 2023, the | ||||||
9 | Medicaid Access Adjustment shall be increased to $4.75. This | ||||||
10 | subsection shall be inoperative on and after January 1, 2028. | ||||||
11 | (e-4) Subject to federal approval, on and after January 1, | ||||||
12 | 2024, the Department shall increase the rate add-on at | ||||||
13 | paragraph (7) subsection (a) under 89 Ill. Adm. Code 147.335 | ||||||
14 | for ventilator services from $208 per day to $481 per day. | ||||||
15 | Payment is subject to the criteria and requirements under 89 | ||||||
16 | Ill. Adm. Code 147.335. | ||||||
17 | (f) (Blank). | ||||||
18 | (g) Notwithstanding any other provision of this Code, on | ||||||
19 | and after July 1, 2012, for facilities not designated by the | ||||||
20 | Department of Healthcare and Family Services as "Institutions | ||||||
21 | for Mental Disease", rates effective May 1, 2011 shall be | ||||||
22 | adjusted as follows: | ||||||
23 | (1) (Blank); | ||||||
24 | (2) (Blank); | ||||||
25 | (3) Facility rates for the capital and support | ||||||
26 | components shall be reduced by 1.7%. |
| |||||||
| |||||||
1 | (h) Notwithstanding any other provision of this Code, on | ||||||
2 | and after July 1, 2012, nursing facilities designated by the | ||||||
3 | Department of Healthcare and Family Services as "Institutions | ||||||
4 | for Mental Disease" and "Institutions for Mental Disease" that | ||||||
5 | are facilities licensed under the Specialized Mental Health | ||||||
6 | Rehabilitation Act of 2013 shall have the nursing, | ||||||
7 | socio-developmental, capital, and support components of their | ||||||
8 | reimbursement rate effective May 1, 2011 reduced in total by | ||||||
9 | 2.7%. | ||||||
10 | (i) On and after July 1, 2014, the reimbursement rates for | ||||||
11 | the support component of the nursing facility rate for | ||||||
12 | facilities licensed under the Nursing Home Care Act as skilled | ||||||
13 | or intermediate care facilities shall be the rate in effect on | ||||||
14 | June 30, 2014 increased by 8.17%. | ||||||
15 | (i-1) Subject to federal approval, on and after January 1, | ||||||
16 | 2024, the reimbursement rates for the support component of the | ||||||
17 | nursing facility rate for facilities licensed under the | ||||||
18 | Nursing Home Care Act as skilled or intermediate care | ||||||
19 | facilities shall be the rate in effect on June 30, 2023 | ||||||
20 | increased by 12%. | ||||||
21 | (j) Notwithstanding any other provision of law, subject to | ||||||
22 | federal approval, effective July 1, 2019, sufficient funds | ||||||
23 | shall be allocated for changes to rates for facilities | ||||||
24 | licensed under the Nursing Home Care Act as skilled nursing | ||||||
25 | facilities or intermediate care facilities for dates of | ||||||
26 | services on and after July 1, 2019: (i) to establish, through |
| |||||||
| |||||||
1 | June 30, 2022 a per diem add-on to the direct care per diem | ||||||
2 | rate not to exceed $70,000,000 annually in the aggregate | ||||||
3 | taking into account federal matching funds for the purpose of | ||||||
4 | addressing the facility's unique staffing needs, adjusted | ||||||
5 | quarterly and distributed by a weighted formula based on | ||||||
6 | Medicaid bed days on the last day of the second quarter | ||||||
7 | preceding the quarter for which the rate is being adjusted. | ||||||
8 | Beginning July 1, 2022, the annual $70,000,000 described in | ||||||
9 | the preceding sentence shall be dedicated to the variable per | ||||||
10 | diem add-on for staffing under paragraph (6) of subsection | ||||||
11 | (d); and (ii) in an amount not to exceed $170,000,000 annually | ||||||
12 | in the aggregate taking into account federal matching funds to | ||||||
13 | permit the support component of the nursing facility rate to | ||||||
14 | be updated as follows: | ||||||
15 | (1) 80%, or $136,000,000, of the funds shall be used | ||||||
16 | to update each facility's rate in effect on June 30, 2019 | ||||||
17 | using the most recent cost reports on file, which have had | ||||||
18 | a limited review conducted by the Department of Healthcare | ||||||
19 | and Family Services and will not hold up enacting the rate | ||||||
20 | increase, with the Department of Healthcare and Family | ||||||
21 | Services. | ||||||
22 | (2) After completing the calculation in paragraph (1), | ||||||
23 | any facility whose rate is less than the rate in effect on | ||||||
24 | June 30, 2019 shall have its rate restored to the rate in | ||||||
25 | effect on June 30, 2019 from the 20% of the funds set | ||||||
26 | aside. |
| |||||||
| |||||||
1 | (3) The remainder of the 20%, or $34,000,000, shall be | ||||||
2 | used to increase each facility's rate by an equal | ||||||
3 | percentage. | ||||||
4 | (k) During the first quarter of State Fiscal Year 2020, | ||||||
5 | the Department of Healthcare of Family Services must convene a | ||||||
6 | technical advisory group consisting of members of all trade | ||||||
7 | associations representing Illinois skilled nursing providers | ||||||
8 | to discuss changes necessary with federal implementation of | ||||||
9 | Medicare's Patient-Driven Payment Model. Implementation of | ||||||
10 | Medicare's Patient-Driven Payment Model shall, by September 1, | ||||||
11 | 2020, end the collection of the MDS data that is necessary to | ||||||
12 | maintain the current RUG-IV Medicaid payment methodology. The | ||||||
13 | technical advisory group must consider a revised reimbursement | ||||||
14 | methodology that takes into account transparency, | ||||||
15 | accountability, actual staffing as reported under the | ||||||
16 | federally required Payroll Based Journal system, changes to | ||||||
17 | the minimum wage, adequacy in coverage of the cost of care, and | ||||||
18 | a quality component that rewards quality improvements. | ||||||
19 | (l) The Department shall establish per diem add-on | ||||||
20 | payments to improve the quality of care delivered by | ||||||
21 | facilities, including: | ||||||
22 | (1) Incentive payments determined by facility | ||||||
23 | performance on specified quality measures in an initial | ||||||
24 | amount of $70,000,000. Nothing in this subsection shall be | ||||||
25 | construed to limit the quality of care payments in the | ||||||
26 | aggregate statewide to $70,000,000, and, if quality of |
| |||||||
| |||||||
1 | care has improved across nursing facilities, the | ||||||
2 | Department shall adjust those add-on payments accordingly. | ||||||
3 | The quality payment methodology described in this | ||||||
4 | subsection must be used for at least State Fiscal Year | ||||||
5 | 2023. Beginning with the quarter starting July 1, 2023, | ||||||
6 | the Department may add, remove, or change quality metrics | ||||||
7 | and make associated changes to the quality payment | ||||||
8 | methodology as outlined in subparagraph (E). Facilities | ||||||
9 | designated by the Centers for Medicare and Medicaid | ||||||
10 | Services as a special focus facility or a hospital-based | ||||||
11 | nursing home do not qualify for quality payments. | ||||||
12 | (A) Each quality pool must be distributed by | ||||||
13 | assigning a quality weighted score for each nursing | ||||||
14 | home which is calculated by multiplying the nursing | ||||||
15 | home's quality base period Medicaid days by the | ||||||
16 | nursing home's star rating weight in that period. | ||||||
17 | (B) Star rating weights are assigned based on the | ||||||
18 | nursing home's star rating for the LTS quality star | ||||||
19 | rating. As used in this subparagraph, "LTS quality | ||||||
20 | star rating" means the long-term stay quality rating | ||||||
21 | for each nursing facility, as assigned by the Centers | ||||||
22 | for Medicare and Medicaid Services under the Five-Star | ||||||
23 | Quality Rating System. The rating is a number ranging | ||||||
24 | from 0 (lowest) to 5 (highest). | ||||||
25 | (i) Zero-star or one-star rating has a weight | ||||||
26 | of 0. |
| |||||||
| |||||||
1 | (ii) Two-star rating has a weight of 0.75. | ||||||
2 | (iii) Three-star rating has a weight of 1.5. | ||||||
3 | (iv) Four-star rating has a weight of 2.5. | ||||||
4 | (v) Five-star rating has a weight of 3.5. | ||||||
5 | (C) Each nursing home's quality weight score is | ||||||
6 | divided by the sum of all quality weight scores for | ||||||
7 | qualifying nursing homes to determine the proportion | ||||||
8 | of the quality pool to be paid to the nursing home. | ||||||
9 | (D) The quality pool is no less than $70,000,000 | ||||||
10 | annually or $17,500,000 per quarter. The Department | ||||||
11 | shall publish on its website the estimated payments | ||||||
12 | and the associated weights for each facility 45 days | ||||||
13 | prior to when the initial payments for the quarter are | ||||||
14 | to be paid. The Department shall assign each facility | ||||||
15 | the most recent and applicable quarter's STAR value | ||||||
16 | unless the facility notifies the Department within 15 | ||||||
17 | days of an issue and the facility provides reasonable | ||||||
18 | evidence demonstrating its timely compliance with | ||||||
19 | federal data submission requirements for the quarter | ||||||
20 | of record. If such evidence cannot be provided to the | ||||||
21 | Department, the STAR rating assigned to the facility | ||||||
22 | shall be reduced by one from the prior quarter. | ||||||
23 | (E) The Department shall review quality metrics | ||||||
24 | used for payment of the quality pool and make | ||||||
25 | recommendations for any associated changes to the | ||||||
26 | methodology for distributing quality pool payments in |
| |||||||
| |||||||
1 | consultation with associations representing long-term | ||||||
2 | care providers, consumer advocates, organizations | ||||||
3 | representing workers of long-term care facilities, and | ||||||
4 | payors. The Department may establish, by rule, changes | ||||||
5 | to the methodology for distributing quality pool | ||||||
6 | payments. | ||||||
7 | (F) The Department shall disburse quality pool | ||||||
8 | payments from the Long-Term Care Provider Fund on a | ||||||
9 | monthly basis in amounts proportional to the total | ||||||
10 | quality pool payment determined for the quarter. | ||||||
11 | (G) The Department shall publish any changes in | ||||||
12 | the methodology for distributing quality pool payments | ||||||
13 | prior to the beginning of the measurement period or | ||||||
14 | quality base period for any metric added to the | ||||||
15 | distribution's methodology. | ||||||
16 | (2) Payments based on CNA tenure, promotion, and CNA | ||||||
17 | training for the purpose of increasing CNA compensation. | ||||||
18 | It is the intent of this subsection that payments made in | ||||||
19 | accordance with this paragraph be directly incorporated | ||||||
20 | into increased compensation for CNAs. As used in this | ||||||
21 | paragraph, "CNA" means a certified nursing assistant as | ||||||
22 | that term is described in Section 3-206 of the Nursing | ||||||
23 | Home Care Act, Section 3-206 of the ID/DD Community Care | ||||||
24 | Act, and Section 3-206 of the MC/DD Act. The Department | ||||||
25 | shall establish, by rule, payments to nursing facilities | ||||||
26 | equal to Medicaid's share of the tenure wage increments |
| |||||||
| |||||||
1 | specified in this paragraph for all reported CNA employee | ||||||
2 | hours compensated according to a posted schedule | ||||||
3 | consisting of increments at least as large as those | ||||||
4 | specified in this paragraph. The increments are as | ||||||
5 | follows: an additional $1.50 per hour for CNAs with at | ||||||
6 | least one and less than 2 years' experience plus another | ||||||
7 | $1 per hour for each additional year of experience up to a | ||||||
8 | maximum of $6.50 for CNAs with at least 6 years of | ||||||
9 | experience. For purposes of this paragraph, Medicaid's | ||||||
10 | share shall be the ratio determined by paid Medicaid bed | ||||||
11 | days divided by total bed days for the applicable time | ||||||
12 | period used in the calculation. In addition, and additive | ||||||
13 | to any tenure increments paid as specified in this | ||||||
14 | paragraph, the Department shall establish, by rule, | ||||||
15 | payments supporting Medicaid's share of the | ||||||
16 | promotion-based wage increments for CNA employee hours | ||||||
17 | compensated for that promotion with at least a $1.50 | ||||||
18 | hourly increase. Medicaid's share shall be established as | ||||||
19 | it is for the tenure increments described in this | ||||||
20 | paragraph. Qualifying promotions shall be defined by the | ||||||
21 | Department in rules for an expected 10-15% subset of CNAs | ||||||
22 | assigned intermediate, specialized, or added roles such as | ||||||
23 | CNA trainers, CNA scheduling "captains", and CNA | ||||||
24 | specialists for resident conditions like dementia or | ||||||
25 | memory care or behavioral health. | ||||||
26 | (m) The Department shall work with nursing facility |
| |||||||
| |||||||
1 | industry representatives to design policies and procedures to | ||||||
2 | permit facilities to address the integrity of data from | ||||||
3 | federal reporting sites used by the Department in setting | ||||||
4 | facility rates. | ||||||
5 | (Source: P.A. 102-77, eff. 7-9-21; 102-558, eff. 8-20-21; | ||||||
6 | 102-1035, eff. 5-31-22; 102-1118, eff. 1-18-23; 103-102, | ||||||
7 | Article 40, Section 40-5, eff. 1-1-24; 103-102, Article 50, | ||||||
8 | Section 50-5, eff. 1-1-24; revised 12-15-23.)
| ||||||
9 | (305 ILCS 5/5-16.8) | ||||||
10 | Sec. 5-16.8. Required health benefits. The medical | ||||||
11 | assistance program shall (i) provide the post-mastectomy care | ||||||
12 | benefits required to be covered by a policy of accident and | ||||||
13 | health insurance under Section 356t and the coverage required | ||||||
14 | under Sections 356g.5, 356q, 356u, 356w, 356x, 356z.6, | ||||||
15 | 356z.26, 356z.29, 356z.32, 356z.33, 356z.34, 356z.35, 356z.46, | ||||||
16 | 356z.47, 356z.51, 356z.53, 356z.56, 356z.59, 356z.60, and | ||||||
17 | 356z.61 , 356z.64, and 356z.67 of the Illinois Insurance Code, | ||||||
18 | (ii) be subject to the provisions of Sections 356z.19, | ||||||
19 | 356z.44, 356z.49, 364.01, 370c, and 370c.1 of the Illinois | ||||||
20 | Insurance Code, and (iii) be subject to the provisions of | ||||||
21 | subsection (d-5) of Section 10 of the Network Adequacy and | ||||||
22 | Transparency Act. | ||||||
23 | The Department, by rule, shall adopt a model similar to | ||||||
24 | the requirements of Section 356z.39 of the Illinois Insurance | ||||||
25 | Code. |
| |||||||
| |||||||
1 | On and after July 1, 2012, the Department shall reduce any | ||||||
2 | rate of reimbursement for services or other payments or alter | ||||||
3 | any methodologies authorized by this Code to reduce any rate | ||||||
4 | of reimbursement for services or other payments in accordance | ||||||
5 | with Section 5-5e. | ||||||
6 | To ensure full access to the benefits set forth in this | ||||||
7 | Section, on and after January 1, 2016, the Department shall | ||||||
8 | ensure that provider and hospital reimbursement for | ||||||
9 | post-mastectomy care benefits required under this Section are | ||||||
10 | no lower than the Medicare reimbursement rate. | ||||||
11 | (Source: P.A. 102-30, eff. 1-1-22; 102-144, eff. 1-1-22; | ||||||
12 | 102-203, eff. 1-1-22; 102-306, eff. 1-1-22; 102-530, eff. | ||||||
13 | 1-1-22; 102-642, eff. 1-1-22; 102-804, eff. 1-1-23; 102-813, | ||||||
14 | eff. 5-13-22; 102-816, eff. 1-1-23; 102-1093, eff. 1-1-23; | ||||||
15 | 102-1117, eff. 1-13-23; 103-84, eff. 1-1-24; 103-91, eff. | ||||||
16 | 1-1-24; 103-420, eff. 1-1-24; revised 12-15-23.)
| ||||||
17 | (305 ILCS 5/5-47) | ||||||
18 | Sec. 5-47. Medicaid reimbursement rates; substance use | ||||||
19 | disorder treatment providers and facilities. | ||||||
20 | (a) Beginning on January 1, 2024, subject to federal | ||||||
21 | approval, the Department of Healthcare and Family Services, in | ||||||
22 | conjunction with the Department of Human Services' Division of | ||||||
23 | Substance Use Prevention and Recovery, shall provide a 30% | ||||||
24 | increase in reimbursement rates for all Medicaid-covered ASAM | ||||||
25 | Level 3 residential/inpatient substance use disorder treatment |
| |||||||
| |||||||
1 | services. | ||||||
2 | No existing or future reimbursement rates or add-ons shall | ||||||
3 | be reduced or changed to address this proposed rate increase. | ||||||
4 | No later than 3 months after June 16, 2023 ( the effective date | ||||||
5 | of Public Act 103-102) this amendatory Act of the 103rd | ||||||
6 | General Assembly , the Department of Healthcare and Family | ||||||
7 | Services shall submit any necessary application to the federal | ||||||
8 | Centers for Medicare and Medicaid Services to implement the | ||||||
9 | requirements of this Section. | ||||||
10 | (b) Parity in community-based behavioral health rates; | ||||||
11 | implementation plan for cost reporting. For the purpose of | ||||||
12 | understanding behavioral health services cost structures and | ||||||
13 | their impact on the Medical Assistance Program, the Department | ||||||
14 | of Healthcare and Family Services shall engage stakeholders to | ||||||
15 | develop a plan for the regular collection of cost reporting | ||||||
16 | for all entity-based substance use disorder providers. Data | ||||||
17 | shall be used to inform on the effectiveness and efficiency of | ||||||
18 | Illinois Medicaid rates. The Department and stakeholders shall | ||||||
19 | develop a plan by April 1, 2024. The Department shall engage | ||||||
20 | stakeholders on implementation of the plan. The plan, at | ||||||
21 | minimum, shall consider all of the following: | ||||||
22 | (1) Alignment with certified community behavioral | ||||||
23 | health clinic requirements, standards, policies, and | ||||||
24 | procedures. | ||||||
25 | (2) Inclusion of prospective costs to measure what is | ||||||
26 | needed to increase services and capacity. |
| |||||||
| |||||||
1 | (3) Consideration of differences in collection and | ||||||
2 | policies based on the size of providers. | ||||||
3 | (4) Consideration of additional administrative time | ||||||
4 | and costs. | ||||||
5 | (5) Goals, purposes, and usage of data collected from | ||||||
6 | cost reports. | ||||||
7 | (6) Inclusion of qualitative data in addition to | ||||||
8 | quantitative data. | ||||||
9 | (7) Technical assistance for providers for completing | ||||||
10 | cost reports including initial training by the Department | ||||||
11 | for providers. | ||||||
12 | (8) Implementation of a timeline which allows an | ||||||
13 | initial grace period for providers to adjust internal | ||||||
14 | procedures and data collection. | ||||||
15 | Details from collected cost reports shall be made publicly | ||||||
16 | available on the Department's website and costs shall be used | ||||||
17 | to ensure the effectiveness and efficiency of Illinois | ||||||
18 | Medicaid rates. | ||||||
19 | (c) Reporting; access to substance use disorder treatment | ||||||
20 | services and recovery supports. By no later than April 1, | ||||||
21 | 2024, the Department of Healthcare and Family Services, with | ||||||
22 | input from the Department of Human Services' Division of | ||||||
23 | Substance Use Prevention and Recovery, shall submit a report | ||||||
24 | to the General Assembly regarding access to treatment services | ||||||
25 | and recovery supports for persons diagnosed with a substance | ||||||
26 | use disorder. The report shall include, but is not limited to, |
| |||||||
| |||||||
1 | the following information: | ||||||
2 | (1) The number of providers enrolled in the Illinois | ||||||
3 | Medical Assistance Program certified to provide substance | ||||||
4 | use disorder treatment services, aggregated by ASAM level | ||||||
5 | of care, and recovery supports. | ||||||
6 | (2) The number of Medicaid customers in Illinois with | ||||||
7 | a diagnosed substance use disorder receiving substance use | ||||||
8 | disorder treatment, aggregated by provider type and ASAM | ||||||
9 | level of care. | ||||||
10 | (3) A comparison of Illinois' substance use disorder | ||||||
11 | licensure and certification requirements with those of | ||||||
12 | comparable state Medicaid programs. | ||||||
13 | (4) Recommendations for and an analysis of the impact | ||||||
14 | of aligning reimbursement rates for outpatient substance | ||||||
15 | use disorder treatment services with reimbursement rates | ||||||
16 | for community-based mental health treatment services. | ||||||
17 | (5) Recommendations for expanding substance use | ||||||
18 | disorder treatment to other qualified provider entities | ||||||
19 | and licensed professionals of the healing arts. The | ||||||
20 | recommendations shall include an analysis of the | ||||||
21 | opportunities to maximize the flexibilities permitted by | ||||||
22 | the federal Centers for Medicare and Medicaid Services for | ||||||
23 | expanding access to the number and types of qualified | ||||||
24 | substance use disorder providers. | ||||||
25 | (Source: P.A. 103-102, eff. 6-16-23; revised 9-26-23.)
|
| |||||||
| |||||||
1 | (305 ILCS 5/5-50) | ||||||
2 | Sec. 5-50 5-47 . Coverage for mental health and substance | ||||||
3 | use disorder telehealth services. | ||||||
4 | (a) As used in this Section: | ||||||
5 | "Behavioral health care professional" has the meaning | ||||||
6 | given to "health care professional" in Section 5 of the | ||||||
7 | Telehealth Act, but only with respect to professionals | ||||||
8 | licensed or certified by the Division of Mental Health or | ||||||
9 | Division of Substance Use Prevention and Recovery of the | ||||||
10 | Department of Human Services engaged in the delivery of mental | ||||||
11 | health or substance use disorder treatment or services. | ||||||
12 | "Behavioral health facility" means a community mental | ||||||
13 | health center, a behavioral health clinic, a substance use | ||||||
14 | disorder treatment program, or a facility or provider licensed | ||||||
15 | or certified by the Division of Mental Health or Division of | ||||||
16 | Substance Use Prevention and Recovery of the Department of | ||||||
17 | Human Services. | ||||||
18 | "Behavioral telehealth services" has the meaning given to | ||||||
19 | the term "telehealth services" in Section 5 of the Telehealth | ||||||
20 | Act, but limited solely to mental health and substance use | ||||||
21 | disorder treatment or services to a patient, regardless of | ||||||
22 | patient location. | ||||||
23 | "Distant site" has the meaning given to that term in | ||||||
24 | Section 5 of the Telehealth Act. | ||||||
25 | "Originating site" has the meaning given to that term in | ||||||
26 | Section 5 of the Telehealth Act. |
| |||||||
| |||||||
1 | (b) The Department and any managed care plans under | ||||||
2 | contract with the Department for the medical assistance | ||||||
3 | program shall provide for coverage of mental health and | ||||||
4 | substance use disorder treatment or services delivered as | ||||||
5 | behavioral telehealth services as specified in this Section. | ||||||
6 | The Department and any managed care plans under contract with | ||||||
7 | the Department for the medical assistance program may also | ||||||
8 | provide reimbursement to a behavioral health facility that | ||||||
9 | serves as the originating site at the time a behavioral | ||||||
10 | telehealth service is rendered. | ||||||
11 | (c) To ensure behavioral telehealth services are equitably | ||||||
12 | provided, coverage required under this Section shall comply | ||||||
13 | with all of the following: | ||||||
14 | (1) The Department and any managed care plans under | ||||||
15 | contract with the Department for the medical assistance | ||||||
16 | program shall not: | ||||||
17 | (A) require that in-person contact occur between a | ||||||
18 | behavioral health care professional and a patient | ||||||
19 | before the provision of a behavioral telehealth | ||||||
20 | service; | ||||||
21 | (B) require patients, behavioral health care | ||||||
22 | professionals, or behavioral health facilities to | ||||||
23 | prove or document a hardship or access barrier to an | ||||||
24 | in-person consultation for coverage and reimbursement | ||||||
25 | of behavioral telehealth services; | ||||||
26 | (C) require the use of behavioral telehealth |
| |||||||
| |||||||
1 | services when the behavioral health care professional | ||||||
2 | has determined that it is not appropriate; | ||||||
3 | (D) require the use of behavioral telehealth | ||||||
4 | services when a patient chooses an in-person | ||||||
5 | consultation; | ||||||
6 | (E) require a behavioral health care professional | ||||||
7 | to be physically present in the same room as the | ||||||
8 | patient at the originating site, unless deemed | ||||||
9 | medically necessary by the behavioral health care | ||||||
10 | professional providing the behavioral telehealth | ||||||
11 | service; | ||||||
12 | (F) create geographic or facility restrictions or | ||||||
13 | requirements for behavioral telehealth services; | ||||||
14 | (G) require behavioral health care professionals | ||||||
15 | or behavioral health facilities to offer or provide | ||||||
16 | behavioral telehealth services; | ||||||
17 | (H) require patients to use behavioral telehealth | ||||||
18 | services or require patients to use a separate panel | ||||||
19 | of behavioral health care professionals or behavioral | ||||||
20 | health facilities to receive behavioral telehealth | ||||||
21 | services; or | ||||||
22 | (I) impose upon behavioral telehealth services | ||||||
23 | utilization review requirements that are unnecessary, | ||||||
24 | duplicative, or unwarranted or impose any treatment | ||||||
25 | limitations, prior authorization, documentation, or | ||||||
26 | recordkeeping requirements that are more stringent |
| |||||||
| |||||||
1 | than the requirements applicable to the same | ||||||
2 | behavioral health care service when rendered | ||||||
3 | in-person, except that procedure code modifiers may be | ||||||
4 | required to document behavioral telehealth. | ||||||
5 | (2) Any cost sharing applicable to services provided | ||||||
6 | through behavioral telehealth shall not exceed the cost | ||||||
7 | sharing required by the medical assistance program for the | ||||||
8 | same services provided through in-person consultation. | ||||||
9 | (3) The Department and any managed care plans under | ||||||
10 | contract with the Department for the medical assistance | ||||||
11 | program shall notify behavioral health care professionals | ||||||
12 | and behavioral health facilities of any instructions | ||||||
13 | necessary to facilitate billing for behavioral telehealth | ||||||
14 | services. | ||||||
15 | (d) For purposes of reimbursement, the Department and any | ||||||
16 | managed care plans under contract with the Department for the | ||||||
17 | medical assistance program shall reimburse a behavioral health | ||||||
18 | care professional or behavioral health facility for behavioral | ||||||
19 | telehealth services on the same basis, in the same manner, and | ||||||
20 | at the same reimbursement rate that would apply to the | ||||||
21 | services if the services had been delivered via an in-person | ||||||
22 | encounter by a behavioral health care professional or | ||||||
23 | behavioral health facility. This subsection applies only to | ||||||
24 | those services provided by behavioral telehealth that may | ||||||
25 | otherwise be billed as an in-person service. | ||||||
26 | (e) Behavioral health care professionals and behavioral |
| |||||||
| |||||||
1 | health facilities shall determine the appropriateness of | ||||||
2 | specific sites, technology platforms, and technology vendors | ||||||
3 | for a behavioral telehealth service, as long as delivered | ||||||
4 | services adhere to all federal and State privacy, security, | ||||||
5 | and confidentiality laws, rules, or regulations, including, | ||||||
6 | but not limited to, the Health Insurance Portability and | ||||||
7 | Accountability Act of 1996, 42 CFR Part 2, and the Mental | ||||||
8 | Health and Developmental Disabilities Confidentiality Act. | ||||||
9 | (f) Nothing in this Section shall be deemed as precluding | ||||||
10 | the Department and any managed care plans under contract with | ||||||
11 | the Department for the medical assistance program from | ||||||
12 | providing benefits for other telehealth services. | ||||||
13 | (g) There shall be no restrictions on originating site | ||||||
14 | requirements for behavioral telehealth coverage or | ||||||
15 | reimbursement to the distant site under this Section other | ||||||
16 | than requiring the behavioral telehealth services to be | ||||||
17 | medically necessary and clinically appropriate. | ||||||
18 | (h) Nothing in this Section shall be deemed as precluding | ||||||
19 | the Department and any managed care plans under contract with | ||||||
20 | the Department for the medical assistance program from | ||||||
21 | establishing limits on the use of telehealth for a particular | ||||||
22 | behavioral health service when the limits are consistent with | ||||||
23 | generally accepted standards of mental, emotional, nervous, or | ||||||
24 | substance use disorder or condition care. | ||||||
25 | (i) The Department may adopt rules to implement the | ||||||
26 | provisions of this Section. |
| |||||||
| |||||||
1 | (Source: P.A. 103-243, eff. 1-1-24; revised 1-2-24.)
| ||||||
2 | (305 ILCS 5/5-51) | ||||||
3 | Sec. 5-51 5-47 . Proton beam therapy; managed care. | ||||||
4 | Notwithstanding any other provision of this Article, a managed | ||||||
5 | care organization under contract with the Department to | ||||||
6 | provide services to recipients of medical assistance shall | ||||||
7 | provide coverage for proton beam therapy. | ||||||
8 | As used in this Section : , | ||||||
9 | "Proton "proton beam therapy" means a type of radiation | ||||||
10 | therapy treatment that utilizes protons as the radiation | ||||||
11 | delivery method for the treatment of tumors and cancerous | ||||||
12 | cells. | ||||||
13 | "Radiation therapy treatment" means the delivery of | ||||||
14 | biological effective doses with proton therapy, intensity | ||||||
15 | modulated radiation therapy, brachytherapy, stereotactic body | ||||||
16 | radiation therapy, three-dimensional conformal radiation | ||||||
17 | therapy, or other forms of therapy using radiation. | ||||||
18 | (Source: P.A. 103-325, eff. 1-1-24; revised 1-2-24.)
| ||||||
19 | (305 ILCS 5/5A-12.7) | ||||||
20 | (Section scheduled to be repealed on December 31, 2026) | ||||||
21 | Sec. 5A-12.7. Continuation of hospital access payments on | ||||||
22 | and after July 1, 2020. | ||||||
23 | (a) To preserve and improve access to hospital services, | ||||||
24 | for hospital services rendered on and after July 1, 2020, the |
| |||||||
| |||||||
1 | Department shall, except for hospitals described in subsection | ||||||
2 | (b) of Section 5A-3, make payments to hospitals or require | ||||||
3 | capitated managed care organizations to make payments as set | ||||||
4 | forth in this Section. Payments under this Section are not due | ||||||
5 | and payable, however, until: (i) the methodologies described | ||||||
6 | in this Section are approved by the federal government in an | ||||||
7 | appropriate State Plan amendment or directed payment preprint; | ||||||
8 | and (ii) the assessment imposed under this Article is | ||||||
9 | determined to be a permissible tax under Title XIX of the | ||||||
10 | Social Security Act. In determining the hospital access | ||||||
11 | payments authorized under subsection (g) of this Section, if a | ||||||
12 | hospital ceases to qualify for payments from the pool, the | ||||||
13 | payments for all hospitals continuing to qualify for payments | ||||||
14 | from such pool shall be uniformly adjusted to fully expend the | ||||||
15 | aggregate net amount of the pool, with such adjustment being | ||||||
16 | effective on the first day of the second month following the | ||||||
17 | date the hospital ceases to receive payments from such pool. | ||||||
18 | (b) Amounts moved into claims-based rates and distributed | ||||||
19 | in accordance with Section 14-12 shall remain in those | ||||||
20 | claims-based rates. | ||||||
21 | (c) Graduate medical education. | ||||||
22 | (1) The calculation of graduate medical education | ||||||
23 | payments shall be based on the hospital's Medicare cost | ||||||
24 | report ending in Calendar Year 2018, as reported in the | ||||||
25 | Healthcare Cost Report Information System file, release | ||||||
26 | date September 30, 2019. An Illinois hospital reporting |
| |||||||
| |||||||
1 | intern and resident cost on its Medicare cost report shall | ||||||
2 | be eligible for graduate medical education payments. | ||||||
3 | (2) Each hospital's annualized Medicaid Intern | ||||||
4 | Resident Cost is calculated using annualized intern and | ||||||
5 | resident total costs obtained from Worksheet B Part I, | ||||||
6 | Columns 21 and 22 the sum of Lines 30-43, 50-76, 90-93, | ||||||
7 | 96-98, and 105-112 multiplied by the percentage that the | ||||||
8 | hospital's Medicaid days (Worksheet S3 Part I, Column 7, | ||||||
9 | Lines 2, 3, 4, 14, 16-18, and 32) comprise of the | ||||||
10 | hospital's total days (Worksheet S3 Part I, Column 8, | ||||||
11 | Lines 14, 16-18, and 32). | ||||||
12 | (3) An annualized Medicaid indirect medical education | ||||||
13 | (IME) payment is calculated for each hospital using its | ||||||
14 | IME payments (Worksheet E Part A, Line 29, Column 1) | ||||||
15 | multiplied by the percentage that its Medicaid days | ||||||
16 | (Worksheet S3 Part I, Column 7, Lines 2, 3, 4, 14, 16-18, | ||||||
17 | and 32) comprise of its Medicare days (Worksheet S3 Part | ||||||
18 | I, Column 6, Lines 2, 3, 4, 14, and 16-18). | ||||||
19 | (4) For each hospital, its annualized Medicaid Intern | ||||||
20 | Resident Cost and its annualized Medicaid IME payment are | ||||||
21 | summed, and, except as capped at 120% of the average cost | ||||||
22 | per intern and resident for all qualifying hospitals as | ||||||
23 | calculated under this paragraph, is multiplied by the | ||||||
24 | applicable reimbursement factor as described in this | ||||||
25 | paragraph, to determine the hospital's final graduate | ||||||
26 | medical education payment. Each hospital's average cost |
| |||||||
| |||||||
1 | per intern and resident shall be calculated by summing its | ||||||
2 | total annualized Medicaid Intern Resident Cost plus its | ||||||
3 | annualized Medicaid IME payment and dividing that amount | ||||||
4 | by the hospital's total Full Time Equivalent Residents and | ||||||
5 | Interns. If the hospital's average per intern and resident | ||||||
6 | cost is greater than 120% of the same calculation for all | ||||||
7 | qualifying hospitals, the hospital's per intern and | ||||||
8 | resident cost shall be capped at 120% of the average cost | ||||||
9 | for all qualifying hospitals. | ||||||
10 | (A) For the period of July 1, 2020 through | ||||||
11 | December 31, 2022, the applicable reimbursement factor | ||||||
12 | shall be 22.6%. | ||||||
13 | (B) For the period of January 1, 2023 through | ||||||
14 | December 31, 2026, the applicable reimbursement factor | ||||||
15 | shall be 35% for all qualified safety-net hospitals, | ||||||
16 | as defined in Section 5-5e.1 of this Code, and all | ||||||
17 | hospitals with 100 or more Full Time Equivalent | ||||||
18 | Residents and Interns, as reported on the hospital's | ||||||
19 | Medicare cost report ending in Calendar Year 2018, and | ||||||
20 | for all other qualified hospitals the applicable | ||||||
21 | reimbursement factor shall be 30%. | ||||||
22 | (d) Fee-for-service supplemental payments. For the period | ||||||
23 | of July 1, 2020 through December 31, 2022, each Illinois | ||||||
24 | hospital shall receive an annual payment equal to the amounts | ||||||
25 | below, to be paid in 12 equal installments on or before the | ||||||
26 | seventh State business day of each month, except that no |
| |||||||
| |||||||
1 | payment shall be due within 30 days after the later of the date | ||||||
2 | of notification of federal approval of the payment | ||||||
3 | methodologies required under this Section or any waiver | ||||||
4 | required under 42 CFR 433.68, at which time the sum of amounts | ||||||
5 | required under this Section prior to the date of notification | ||||||
6 | is due and payable. | ||||||
7 | (1) For critical access hospitals, $385 per covered | ||||||
8 | inpatient day contained in paid fee-for-service claims and | ||||||
9 | $530 per paid fee-for-service outpatient claim for dates | ||||||
10 | of service in Calendar Year 2019 in the Department's | ||||||
11 | Enterprise Data Warehouse as of May 11, 2020. | ||||||
12 | (2) For safety-net hospitals, $960 per covered | ||||||
13 | inpatient day contained in paid fee-for-service claims and | ||||||
14 | $625 per paid fee-for-service outpatient claim for dates | ||||||
15 | of service in Calendar Year 2019 in the Department's | ||||||
16 | Enterprise Data Warehouse as of May 11, 2020. | ||||||
17 | (3) For long term acute care hospitals, $295 per | ||||||
18 | covered inpatient day contained in paid fee-for-service | ||||||
19 | claims for dates of service in Calendar Year 2019 in the | ||||||
20 | Department's Enterprise Data Warehouse as of May 11, 2020. | ||||||
21 | (4) For freestanding psychiatric hospitals, $125 per | ||||||
22 | covered inpatient day contained in paid fee-for-service | ||||||
23 | claims and $130 per paid fee-for-service outpatient claim | ||||||
24 | for dates of service in Calendar Year 2019 in the | ||||||
25 | Department's Enterprise Data Warehouse as of May 11, 2020. | ||||||
26 | (5) For freestanding rehabilitation hospitals, $355 |
| |||||||
| |||||||
1 | per covered inpatient day contained in paid | ||||||
2 | fee-for-service claims for dates of service in Calendar | ||||||
3 | Year 2019 in the Department's Enterprise Data Warehouse as | ||||||
4 | of May 11, 2020. | ||||||
5 | (6) For all general acute care hospitals and high | ||||||
6 | Medicaid hospitals as defined in subsection (f), $350 per | ||||||
7 | covered inpatient day for dates of service in Calendar | ||||||
8 | Year 2019 contained in paid fee-for-service claims and | ||||||
9 | $620 per paid fee-for-service outpatient claim in the | ||||||
10 | Department's Enterprise Data Warehouse as of May 11, 2020. | ||||||
11 | (7) Alzheimer's treatment access payment. Each | ||||||
12 | Illinois academic medical center or teaching hospital, as | ||||||
13 | defined in Section 5-5e.2 of this Code, that is identified | ||||||
14 | as the primary hospital affiliate of one of the Regional | ||||||
15 | Alzheimer's Disease Assistance Centers, as designated by | ||||||
16 | the Alzheimer's Disease Assistance Act and identified in | ||||||
17 | the Department of Public Health's Alzheimer's Disease | ||||||
18 | State Plan dated December 2016, shall be paid an | ||||||
19 | Alzheimer's treatment access payment equal to the product | ||||||
20 | of the qualifying hospital's State Fiscal Year 2018 total | ||||||
21 | inpatient fee-for-service days multiplied by the | ||||||
22 | applicable Alzheimer's treatment rate of $226.30 for | ||||||
23 | hospitals located in Cook County and $116.21 for hospitals | ||||||
24 | located outside Cook County. | ||||||
25 | (d-2) Fee-for-service supplemental payments. Beginning | ||||||
26 | January 1, 2023, each Illinois hospital shall receive an |
| |||||||
| |||||||
1 | annual payment equal to the amounts listed below, to be paid in | ||||||
2 | 12 equal installments on or before the seventh State business | ||||||
3 | day of each month, except that no payment shall be due within | ||||||
4 | 30 days after the later of the date of notification of federal | ||||||
5 | approval of the payment methodologies required under this | ||||||
6 | Section or any waiver required under 42 CFR 433.68, at which | ||||||
7 | time the sum of amounts required under this Section prior to | ||||||
8 | the date of notification is due and payable. The Department | ||||||
9 | may adjust the rates in paragraphs (1) through (7) to comply | ||||||
10 | with the federal upper payment limits, with such adjustments | ||||||
11 | being determined so that the total estimated spending by | ||||||
12 | hospital class, under such adjusted rates, remains | ||||||
13 | substantially similar to the total estimated spending under | ||||||
14 | the original rates set forth in this subsection. | ||||||
15 | (1) For critical access hospitals, as defined in | ||||||
16 | subsection (f), $750 per covered inpatient day contained | ||||||
17 | in paid fee-for-service claims and $750 per paid | ||||||
18 | fee-for-service outpatient claim for dates of service in | ||||||
19 | Calendar Year 2019 in the Department's Enterprise Data | ||||||
20 | Warehouse as of August 6, 2021. | ||||||
21 | (2) For safety-net hospitals, as described in | ||||||
22 | subsection (f), $1,350 per inpatient day contained in paid | ||||||
23 | fee-for-service claims and $1,350 per paid fee-for-service | ||||||
24 | outpatient claim for dates of service in Calendar Year | ||||||
25 | 2019 in the Department's Enterprise Data Warehouse as of | ||||||
26 | August 6, 2021. |
| |||||||
| |||||||
1 | (3) For long term acute care hospitals, $550 per | ||||||
2 | covered inpatient day contained in paid fee-for-service | ||||||
3 | claims for dates of service in Calendar Year 2019 in the | ||||||
4 | Department's Enterprise Data Warehouse as of August 6, | ||||||
5 | 2021. | ||||||
6 | (4) For freestanding psychiatric hospitals, $200 per | ||||||
7 | covered inpatient day contained in paid fee-for-service | ||||||
8 | claims and $200 per paid fee-for-service outpatient claim | ||||||
9 | for dates of service in Calendar Year 2019 in the | ||||||
10 | Department's Enterprise Data Warehouse as of August 6, | ||||||
11 | 2021. | ||||||
12 | (5) For freestanding rehabilitation hospitals, $550 | ||||||
13 | per covered inpatient day contained in paid | ||||||
14 | fee-for-service claims and $125 per paid fee-for-service | ||||||
15 | outpatient claim for dates of service in Calendar Year | ||||||
16 | 2019 in the Department's Enterprise Data Warehouse as of | ||||||
17 | August 6, 2021. | ||||||
18 | (6) For all general acute care hospitals and high | ||||||
19 | Medicaid hospitals as defined in subsection (f), $500 per | ||||||
20 | covered inpatient day for dates of service in Calendar | ||||||
21 | Year 2019 contained in paid fee-for-service claims and | ||||||
22 | $500 per paid fee-for-service outpatient claim in the | ||||||
23 | Department's Enterprise Data Warehouse as of August 6, | ||||||
24 | 2021. | ||||||
25 | (7) For public hospitals, as defined in subsection | ||||||
26 | (f), $275 per covered inpatient day contained in paid |
| |||||||
| |||||||
1 | fee-for-service claims and $275 per paid fee-for-service | ||||||
2 | outpatient claim for dates of service in Calendar Year | ||||||
3 | 2019 in the Department's Enterprise Data Warehouse as of | ||||||
4 | August 6, 2021. | ||||||
5 | (8) Alzheimer's treatment access payment. Each | ||||||
6 | Illinois academic medical center or teaching hospital, as | ||||||
7 | defined in Section 5-5e.2 of this Code, that is identified | ||||||
8 | as the primary hospital affiliate of one of the Regional | ||||||
9 | Alzheimer's Disease Assistance Centers, as designated by | ||||||
10 | the Alzheimer's Disease Assistance Act and identified in | ||||||
11 | the Department of Public Health's Alzheimer's Disease | ||||||
12 | State Plan dated December 2016, shall be paid an | ||||||
13 | Alzheimer's treatment access payment equal to the product | ||||||
14 | of the qualifying hospital's Calendar Year 2019 total | ||||||
15 | inpatient fee-for-service days, in the Department's | ||||||
16 | Enterprise Data Warehouse as of August 6, 2021, multiplied | ||||||
17 | by the applicable Alzheimer's treatment rate of $244.37 | ||||||
18 | for hospitals located in Cook County and $312.03 for | ||||||
19 | hospitals located outside Cook County. | ||||||
20 | (e) The Department shall require managed care | ||||||
21 | organizations (MCOs) to make directed payments and | ||||||
22 | pass-through payments according to this Section. Each calendar | ||||||
23 | year, the Department shall require MCOs to pay the maximum | ||||||
24 | amount out of these funds as allowed as pass-through payments | ||||||
25 | under federal regulations. The Department shall require MCOs | ||||||
26 | to make such pass-through payments as specified in this |
| |||||||
| |||||||
1 | Section. The Department shall require the MCOs to pay the | ||||||
2 | remaining amounts as directed Payments as specified in this | ||||||
3 | Section. The Department shall issue payments to the | ||||||
4 | Comptroller by the seventh business day of each month for all | ||||||
5 | MCOs that are sufficient for MCOs to make the directed | ||||||
6 | payments and pass-through payments according to this Section. | ||||||
7 | The Department shall require the MCOs to make pass-through | ||||||
8 | payments and directed payments using electronic funds | ||||||
9 | transfers (EFT), if the hospital provides the information | ||||||
10 | necessary to process such EFTs, in accordance with directions | ||||||
11 | provided monthly by the Department, within 7 business days of | ||||||
12 | the date the funds are paid to the MCOs, as indicated by the | ||||||
13 | "Paid Date" on the website of the Office of the Comptroller if | ||||||
14 | the funds are paid by EFT and the MCOs have received directed | ||||||
15 | payment instructions. If funds are not paid through the | ||||||
16 | Comptroller by EFT, payment must be made within 7 business | ||||||
17 | days of the date actually received by the MCO. The MCO will be | ||||||
18 | considered to have paid the pass-through payments when the | ||||||
19 | payment remittance number is generated or the date the MCO | ||||||
20 | sends the check to the hospital, if EFT information is not | ||||||
21 | supplied. If an MCO is late in paying a pass-through payment or | ||||||
22 | directed payment as required under this Section (including any | ||||||
23 | extensions granted by the Department), it shall pay a penalty, | ||||||
24 | unless waived by the Department for reasonable cause, to the | ||||||
25 | Department equal to 5% of the amount of the pass-through | ||||||
26 | payment or directed payment not paid on or before the due date |
| |||||||
| |||||||
1 | plus 5% of the portion thereof remaining unpaid on the last day | ||||||
2 | of each 30-day period thereafter. Payments to MCOs that would | ||||||
3 | be paid consistent with actuarial certification and enrollment | ||||||
4 | in the absence of the increased capitation payments under this | ||||||
5 | Section shall not be reduced as a consequence of payments made | ||||||
6 | under this subsection. The Department shall publish and | ||||||
7 | maintain on its website for a period of no less than 8 calendar | ||||||
8 | quarters, the quarterly calculation of directed payments and | ||||||
9 | pass-through payments owed to each hospital from each MCO. All | ||||||
10 | calculations and reports shall be posted no later than the | ||||||
11 | first day of the quarter for which the payments are to be | ||||||
12 | issued. | ||||||
13 | (f)(1) For purposes of allocating the funds included in | ||||||
14 | capitation payments to MCOs, Illinois hospitals shall be | ||||||
15 | divided into the following classes as defined in | ||||||
16 | administrative rules: | ||||||
17 | (A) Beginning July 1, 2020 through December 31, 2022, | ||||||
18 | critical access hospitals. Beginning January 1, 2023, | ||||||
19 | "critical access hospital" means a hospital designated by | ||||||
20 | the Department of Public Health as a critical access | ||||||
21 | hospital, excluding any hospital meeting the definition of | ||||||
22 | a public hospital in subparagraph (F). | ||||||
23 | (B) Safety-net hospitals, except that stand-alone | ||||||
24 | children's hospitals that are not specialty children's | ||||||
25 | hospitals will not be included. For the calendar year | ||||||
26 | beginning January 1, 2023, and each calendar year |
| |||||||
| |||||||
1 | thereafter, assignment to the safety-net class shall be | ||||||
2 | based on the annual safety-net rate year beginning 15 | ||||||
3 | months before the beginning of the first Payout Quarter of | ||||||
4 | the calendar year. | ||||||
5 | (C) Long term acute care hospitals. | ||||||
6 | (D) Freestanding psychiatric hospitals. | ||||||
7 | (E) Freestanding rehabilitation hospitals. | ||||||
8 | (F) Beginning January 1, 2023, "public hospital" means | ||||||
9 | a hospital that is owned or operated by an Illinois | ||||||
10 | Government body or municipality, excluding a hospital | ||||||
11 | provider that is a State agency, a State university, or a | ||||||
12 | county with a population of 3,000,000 or more. | ||||||
13 | (G) High Medicaid hospitals. | ||||||
14 | (i) As used in this Section, "high Medicaid | ||||||
15 | hospital" means a general acute care hospital that: | ||||||
16 | (I) For the payout periods July 1, 2020 | ||||||
17 | through December 31, 2022, is not a safety-net | ||||||
18 | hospital or critical access hospital and that has | ||||||
19 | a Medicaid Inpatient Utilization Rate above 30% or | ||||||
20 | a hospital that had over 35,000 inpatient Medicaid | ||||||
21 | days during the applicable period. For the period | ||||||
22 | July 1, 2020 through December 31, 2020, the | ||||||
23 | applicable period for the Medicaid Inpatient | ||||||
24 | Utilization Rate (MIUR) is the rate year 2020 MIUR | ||||||
25 | and for the number of inpatient days it is State | ||||||
26 | fiscal year 2018. Beginning in calendar year 2021, |
| |||||||
| |||||||
1 | the Department shall use the most recently | ||||||
2 | determined MIUR, as defined in subsection (h) of | ||||||
3 | Section 5-5.02, and for the inpatient day | ||||||
4 | threshold, the State fiscal year ending 18 months | ||||||
5 | prior to the beginning of the calendar year. For | ||||||
6 | purposes of calculating MIUR under this Section, | ||||||
7 | children's hospitals and affiliated general acute | ||||||
8 | care hospitals shall be considered a single | ||||||
9 | hospital. | ||||||
10 | (II) For the calendar year beginning January | ||||||
11 | 1, 2023, and each calendar year thereafter, is not | ||||||
12 | a public hospital, safety-net hospital, or | ||||||
13 | critical access hospital and that qualifies as a | ||||||
14 | regional high volume hospital or is a hospital | ||||||
15 | that has a Medicaid Inpatient Utilization Rate | ||||||
16 | (MIUR) above 30%. As used in this item, "regional | ||||||
17 | high volume hospital" means a hospital which ranks | ||||||
18 | in the top 2 quartiles based on total hospital | ||||||
19 | services volume, of all eligible general acute | ||||||
20 | care hospitals, when ranked in descending order | ||||||
21 | based on total hospital services volume, within | ||||||
22 | the same Medicaid managed care region, as | ||||||
23 | designated by the Department, as of January 1, | ||||||
24 | 2022. As used in this item, "total hospital | ||||||
25 | services volume" means the total of all Medical | ||||||
26 | Assistance hospital inpatient admissions plus all |
| |||||||
| |||||||
1 | Medical Assistance hospital outpatient visits. For | ||||||
2 | purposes of determining regional high volume | ||||||
3 | hospital inpatient admissions and outpatient | ||||||
4 | visits, the Department shall use dates of service | ||||||
5 | provided during State Fiscal Year 2020 for the | ||||||
6 | Payout Quarter beginning January 1, 2023. The | ||||||
7 | Department shall use dates of service from the | ||||||
8 | State fiscal year ending 18 month before the | ||||||
9 | beginning of the first Payout Quarter of the | ||||||
10 | subsequent annual determination period. | ||||||
11 | (ii) For the calendar year beginning January 1, | ||||||
12 | 2023, the Department shall use the Rate Year 2022 | ||||||
13 | Medicaid inpatient utilization rate (MIUR), as defined | ||||||
14 | in subsection (h) of Section 5-5.02. For each | ||||||
15 | subsequent annual determination, the Department shall | ||||||
16 | use the MIUR applicable to the rate year ending | ||||||
17 | September 30 of the year preceding the beginning of | ||||||
18 | the calendar year. | ||||||
19 | (H) General acute care hospitals. As used under this | ||||||
20 | Section, "general acute care hospitals" means all other | ||||||
21 | Illinois hospitals not identified in subparagraphs (A) | ||||||
22 | through (G). | ||||||
23 | (2) Hospitals' qualification for each class shall be | ||||||
24 | assessed prior to the beginning of each calendar year and the | ||||||
25 | new class designation shall be effective January 1 of the next | ||||||
26 | year. The Department shall publish by rule the process for |
| |||||||
| |||||||
1 | establishing class determination. | ||||||
2 | (3) Beginning January 1, 2024, the Department may reassign | ||||||
3 | hospitals or entire hospital classes as defined above, if | ||||||
4 | federal limits on the payments to the class to which the | ||||||
5 | hospitals are assigned based on the criteria in this | ||||||
6 | subsection prevent the Department from making payments to the | ||||||
7 | class that would otherwise be due under this Section. The | ||||||
8 | Department shall publish the criteria and composition of each | ||||||
9 | new class based on the reassignments, and the projected impact | ||||||
10 | on payments to each hospital under the new classes on its | ||||||
11 | website by November 15 of the year before the year in which the | ||||||
12 | class changes become effective. | ||||||
13 | (g) Fixed pool directed payments. Beginning July 1, 2020, | ||||||
14 | the Department shall issue payments to MCOs which shall be | ||||||
15 | used to issue directed payments to qualified Illinois | ||||||
16 | safety-net hospitals and critical access hospitals on a | ||||||
17 | monthly basis in accordance with this subsection. Prior to the | ||||||
18 | beginning of each Payout Quarter beginning July 1, 2020, the | ||||||
19 | Department shall use encounter claims data from the | ||||||
20 | Determination Quarter, accepted by the Department's Medicaid | ||||||
21 | Management Information System for inpatient and outpatient | ||||||
22 | services rendered by safety-net hospitals and critical access | ||||||
23 | hospitals to determine a quarterly uniform per unit add-on for | ||||||
24 | each hospital class. | ||||||
25 | (1) Inpatient per unit add-on. A quarterly uniform per | ||||||
26 | diem add-on shall be derived by dividing the quarterly |
| |||||||
| |||||||
1 | Inpatient Directed Payments Pool amount allocated to the | ||||||
2 | applicable hospital class by the total inpatient days | ||||||
3 | contained on all encounter claims received during the | ||||||
4 | Determination Quarter, for all hospitals in the class. | ||||||
5 | (A) Each hospital in the class shall have a | ||||||
6 | quarterly inpatient directed payment calculated that | ||||||
7 | is equal to the product of the number of inpatient days | ||||||
8 | attributable to the hospital used in the calculation | ||||||
9 | of the quarterly uniform class per diem add-on, | ||||||
10 | multiplied by the calculated applicable quarterly | ||||||
11 | uniform class per diem add-on of the hospital class. | ||||||
12 | (B) Each hospital shall be paid 1/3 of its | ||||||
13 | quarterly inpatient directed payment in each of the 3 | ||||||
14 | months of the Payout Quarter, in accordance with | ||||||
15 | directions provided to each MCO by the Department. | ||||||
16 | (2) Outpatient per unit add-on. A quarterly uniform | ||||||
17 | per claim add-on shall be derived by dividing the | ||||||
18 | quarterly Outpatient Directed Payments Pool amount | ||||||
19 | allocated to the applicable hospital class by the total | ||||||
20 | outpatient encounter claims received during the | ||||||
21 | Determination Quarter, for all hospitals in the class. | ||||||
22 | (A) Each hospital in the class shall have a | ||||||
23 | quarterly outpatient directed payment calculated that | ||||||
24 | is equal to the product of the number of outpatient | ||||||
25 | encounter claims attributable to the hospital used in | ||||||
26 | the calculation of the quarterly uniform class per |
| |||||||
| |||||||
1 | claim add-on, multiplied by the calculated applicable | ||||||
2 | quarterly uniform class per claim add-on of the | ||||||
3 | hospital class. | ||||||
4 | (B) Each hospital shall be paid 1/3 of its | ||||||
5 | quarterly outpatient directed payment in each of the 3 | ||||||
6 | months of the Payout Quarter, in accordance with | ||||||
7 | directions provided to each MCO by the Department. | ||||||
8 | (3) Each MCO shall pay each hospital the Monthly | ||||||
9 | Directed Payment as identified by the Department on its | ||||||
10 | quarterly determination report. | ||||||
11 | (4) Definitions. As used in this subsection: | ||||||
12 | (A) "Payout Quarter" means each 3 month calendar | ||||||
13 | quarter, beginning July 1, 2020. | ||||||
14 | (B) "Determination Quarter" means each 3 month | ||||||
15 | calendar quarter, which ends 3 months prior to the | ||||||
16 | first day of each Payout Quarter. | ||||||
17 | (5) For the period July 1, 2020 through December 2020, | ||||||
18 | the following amounts shall be allocated to the following | ||||||
19 | hospital class directed payment pools for the quarterly | ||||||
20 | development of a uniform per unit add-on: | ||||||
21 | (A) $2,894,500 for hospital inpatient services for | ||||||
22 | critical access hospitals. | ||||||
23 | (B) $4,294,374 for hospital outpatient services | ||||||
24 | for critical access hospitals. | ||||||
25 | (C) $29,109,330 for hospital inpatient services | ||||||
26 | for safety-net hospitals. |
| |||||||
| |||||||
1 | (D) $35,041,218 for hospital outpatient services | ||||||
2 | for safety-net hospitals. | ||||||
3 | (6) For the period January 1, 2023 through December | ||||||
4 | 31, 2023, the Department shall establish the amounts that | ||||||
5 | shall be allocated to the hospital class directed payment | ||||||
6 | fixed pools identified in this paragraph for the quarterly | ||||||
7 | development of a uniform per unit add-on. The Department | ||||||
8 | shall establish such amounts so that the total amount of | ||||||
9 | payments to each hospital under this Section in calendar | ||||||
10 | year 2023 is projected to be substantially similar to the | ||||||
11 | total amount of such payments received by the hospital | ||||||
12 | under this Section in calendar year 2021, adjusted for | ||||||
13 | increased funding provided for fixed pool directed | ||||||
14 | payments under subsection (g) in calendar year 2022, | ||||||
15 | assuming that the volume and acuity of claims are held | ||||||
16 | constant. The Department shall publish the directed | ||||||
17 | payment fixed pool amounts to be established under this | ||||||
18 | paragraph on its website by November 15, 2022. | ||||||
19 | (A) Hospital inpatient services for critical | ||||||
20 | access hospitals. | ||||||
21 | (B) Hospital outpatient services for critical | ||||||
22 | access hospitals. | ||||||
23 | (C) Hospital inpatient services for public | ||||||
24 | hospitals. | ||||||
25 | (D) Hospital outpatient services for public | ||||||
26 | hospitals. |
| |||||||
| |||||||
1 | (E) Hospital inpatient services for safety-net | ||||||
2 | hospitals. | ||||||
3 | (F) Hospital outpatient services for safety-net | ||||||
4 | hospitals. | ||||||
5 | (7) Semi-annual rate maintenance review. The | ||||||
6 | Department shall ensure that hospitals assigned to the | ||||||
7 | fixed pools in paragraph (6) are paid no less than 95% of | ||||||
8 | the annual initial rate for each 6-month period of each | ||||||
9 | annual payout period. For each calendar year, the | ||||||
10 | Department shall calculate the annual initial rate per day | ||||||
11 | and per visit for each fixed pool hospital class listed in | ||||||
12 | paragraph (6), by dividing the total of all applicable | ||||||
13 | inpatient or outpatient directed payments issued in the | ||||||
14 | preceding calendar year to the hospitals in each fixed | ||||||
15 | pool class for the calendar year, plus any increase | ||||||
16 | resulting from the annual adjustments described in | ||||||
17 | subsection (i), by the actual applicable total service | ||||||
18 | units for the preceding calendar year which were the basis | ||||||
19 | of the total applicable inpatient or outpatient directed | ||||||
20 | payments issued to the hospitals in each fixed pool class | ||||||
21 | in the calendar year, except that for calendar year 2023, | ||||||
22 | the service units from calendar year 2021 shall be used. | ||||||
23 | (A) The Department shall calculate the effective | ||||||
24 | rate, per day and per visit, for the payout periods of | ||||||
25 | January to June and July to December of each year, for | ||||||
26 | each fixed pool listed in paragraph (6), by dividing |
| |||||||
| |||||||
1 | 50% of the annual pool by the total applicable | ||||||
2 | reported service units for the 2 applicable | ||||||
3 | determination quarters. | ||||||
4 | (B) If the effective rate calculated in | ||||||
5 | subparagraph (A) is less than 95% of the annual | ||||||
6 | initial rate assigned to the class for each pool under | ||||||
7 | paragraph (6), the Department shall adjust the payment | ||||||
8 | for each hospital to a level equal to no less than 95% | ||||||
9 | of the annual initial rate, by issuing a retroactive | ||||||
10 | adjustment payment for the 6-month period under review | ||||||
11 | as identified in subparagraph (A). | ||||||
12 | (h) Fixed rate directed payments. Effective July 1, 2020, | ||||||
13 | the Department shall issue payments to MCOs which shall be | ||||||
14 | used to issue directed payments to Illinois hospitals not | ||||||
15 | identified in paragraph (g) on a monthly basis. Prior to the | ||||||
16 | beginning of each Payout Quarter beginning July 1, 2020, the | ||||||
17 | Department shall use encounter claims data from the | ||||||
18 | Determination Quarter, accepted by the Department's Medicaid | ||||||
19 | Management Information System for inpatient and outpatient | ||||||
20 | services rendered by hospitals in each hospital class | ||||||
21 | identified in paragraph (f) and not identified in paragraph | ||||||
22 | (g). For the period July 1, 2020 through December 2020, the | ||||||
23 | Department shall direct MCOs to make payments as follows: | ||||||
24 | (1) For general acute care hospitals an amount equal | ||||||
25 | to $1,750 multiplied by the hospital's category of service | ||||||
26 | 20 case mix index for the determination quarter multiplied |
| |||||||
| |||||||
1 | by the hospital's total number of inpatient admissions for | ||||||
2 | category of service 20 for the determination quarter. | ||||||
3 | (2) For general acute care hospitals an amount equal | ||||||
4 | to $160 multiplied by the hospital's category of service | ||||||
5 | 21 case mix index for the determination quarter multiplied | ||||||
6 | by the hospital's total number of inpatient admissions for | ||||||
7 | category of service 21 for the determination quarter. | ||||||
8 | (3) For general acute care hospitals an amount equal | ||||||
9 | to $80 multiplied by the hospital's category of service 22 | ||||||
10 | case mix index for the determination quarter multiplied by | ||||||
11 | the hospital's total number of inpatient admissions for | ||||||
12 | category of service 22 for the determination quarter. | ||||||
13 | (4) For general acute care hospitals an amount equal | ||||||
14 | to $375 multiplied by the hospital's category of service | ||||||
15 | 24 case mix index for the determination quarter multiplied | ||||||
16 | by the hospital's total number of category of service 24 | ||||||
17 | paid EAPG (EAPGs) for the determination quarter. | ||||||
18 | (5) For general acute care hospitals an amount equal | ||||||
19 | to $240 multiplied by the hospital's category of service | ||||||
20 | 27 and 28 case mix index for the determination quarter | ||||||
21 | multiplied by the hospital's total number of category of | ||||||
22 | service 27 and 28 paid EAPGs for the determination | ||||||
23 | quarter. | ||||||
24 | (6) For general acute care hospitals an amount equal | ||||||
25 | to $290 multiplied by the hospital's category of service | ||||||
26 | 29 case mix index for the determination quarter multiplied |
| |||||||
| |||||||
1 | by the hospital's total number of category of service 29 | ||||||
2 | paid EAPGs for the determination quarter. | ||||||
3 | (7) For high Medicaid hospitals an amount equal to | ||||||
4 | $1,800 multiplied by the hospital's category of service 20 | ||||||
5 | case mix index for the determination quarter multiplied by | ||||||
6 | the hospital's total number of inpatient admissions for | ||||||
7 | category of service 20 for the determination quarter. | ||||||
8 | (8) For high Medicaid hospitals an amount equal to | ||||||
9 | $160 multiplied by the hospital's category of service 21 | ||||||
10 | case mix index for the determination quarter multiplied by | ||||||
11 | the hospital's total number of inpatient admissions for | ||||||
12 | category of service 21 for the determination quarter. | ||||||
13 | (9) For high Medicaid hospitals an amount equal to $80 | ||||||
14 | multiplied by the hospital's category of service 22 case | ||||||
15 | mix index for the determination quarter multiplied by the | ||||||
16 | hospital's total number of inpatient admissions for | ||||||
17 | category of service 22 for the determination quarter. | ||||||
18 | (10) For high Medicaid hospitals an amount equal to | ||||||
19 | $400 multiplied by the hospital's category of service 24 | ||||||
20 | case mix index for the determination quarter multiplied by | ||||||
21 | the hospital's total number of category of service 24 paid | ||||||
22 | EAPG outpatient claims for the determination quarter. | ||||||
23 | (11) For high Medicaid hospitals an amount equal to | ||||||
24 | $240 multiplied by the hospital's category of service 27 | ||||||
25 | and 28 case mix index for the determination quarter | ||||||
26 | multiplied by the hospital's total number of category of |
| |||||||
| |||||||
1 | service 27 and 28 paid EAPGs for the determination | ||||||
2 | quarter. | ||||||
3 | (12) For high Medicaid hospitals an amount equal to | ||||||
4 | $290 multiplied by the hospital's category of service 29 | ||||||
5 | case mix index for the determination quarter multiplied by | ||||||
6 | the hospital's total number of category of service 29 paid | ||||||
7 | EAPGs for the determination quarter. | ||||||
8 | (13) For long term acute care hospitals the amount of | ||||||
9 | $495 multiplied by the hospital's total number of | ||||||
10 | inpatient days for the determination quarter. | ||||||
11 | (14) For psychiatric hospitals the amount of $210 | ||||||
12 | multiplied by the hospital's total number of inpatient | ||||||
13 | days for category of service 21 for the determination | ||||||
14 | quarter. | ||||||
15 | (15) For psychiatric hospitals the amount of $250 | ||||||
16 | multiplied by the hospital's total number of outpatient | ||||||
17 | claims for category of service 27 and 28 for the | ||||||
18 | determination quarter. | ||||||
19 | (16) For rehabilitation hospitals the amount of $410 | ||||||
20 | multiplied by the hospital's total number of inpatient | ||||||
21 | days for category of service 22 for the determination | ||||||
22 | quarter. | ||||||
23 | (17) For rehabilitation hospitals the amount of $100 | ||||||
24 | multiplied by the hospital's total number of outpatient | ||||||
25 | claims for category of service 29 for the determination | ||||||
26 | quarter. |
| |||||||
| |||||||
1 | (18) Effective for the Payout Quarter beginning | ||||||
2 | January 1, 2023, for the directed payments to hospitals | ||||||
3 | required under this subsection, the Department shall | ||||||
4 | establish the amounts that shall be used to calculate such | ||||||
5 | directed payments using the methodologies specified in | ||||||
6 | this paragraph. The Department shall use a single, uniform | ||||||
7 | rate, adjusted for acuity as specified in paragraphs (1) | ||||||
8 | through (12), for all categories of inpatient services | ||||||
9 | provided by each class of hospitals and a single uniform | ||||||
10 | rate, adjusted for acuity as specified in paragraphs (1) | ||||||
11 | through (12), for all categories of outpatient services | ||||||
12 | provided by each class of hospitals. The Department shall | ||||||
13 | establish such amounts so that the total amount of | ||||||
14 | payments to each hospital under this Section in calendar | ||||||
15 | year 2023 is projected to be substantially similar to the | ||||||
16 | total amount of such payments received by the hospital | ||||||
17 | under this Section in calendar year 2021, adjusted for | ||||||
18 | increased funding provided for fixed pool directed | ||||||
19 | payments under subsection (g) in calendar year 2022, | ||||||
20 | assuming that the volume and acuity of claims are held | ||||||
21 | constant. The Department shall publish the directed | ||||||
22 | payment amounts to be established under this subsection on | ||||||
23 | its website by November 15, 2022. | ||||||
24 | (19) Each hospital shall be paid 1/3 of their | ||||||
25 | quarterly inpatient and outpatient directed payment in | ||||||
26 | each of the 3 months of the Payout Quarter, in accordance |
| |||||||
| |||||||
1 | with directions provided to each MCO by the Department. | ||||||
2 | ( 20 ) Each MCO shall pay each hospital the Monthly | ||||||
3 | Directed Payment amount as identified by the Department on | ||||||
4 | its quarterly determination report. | ||||||
5 | Notwithstanding any other provision of this subsection, if | ||||||
6 | the Department determines that the actual total hospital | ||||||
7 | utilization data that is used to calculate the fixed rate | ||||||
8 | directed payments is substantially different than anticipated | ||||||
9 | when the rates in this subsection were initially determined | ||||||
10 | for unforeseeable circumstances (such as the COVID-19 pandemic | ||||||
11 | or some other public health emergency), the Department may | ||||||
12 | adjust the rates specified in this subsection so that the | ||||||
13 | total directed payments approximate the total spending amount | ||||||
14 | anticipated when the rates were initially established. | ||||||
15 | Definitions. As used in this subsection: | ||||||
16 | (A) "Payout Quarter" means each calendar quarter, | ||||||
17 | beginning July 1, 2020. | ||||||
18 | (B) "Determination Quarter" means each calendar | ||||||
19 | quarter which ends 3 months prior to the first day of | ||||||
20 | each Payout Quarter. | ||||||
21 | (C) "Case mix index" means a hospital specific | ||||||
22 | calculation. For inpatient claims the case mix index | ||||||
23 | is calculated each quarter by summing the relative | ||||||
24 | weight of all inpatient Diagnosis-Related Group (DRG) | ||||||
25 | claims for a category of service in the applicable | ||||||
26 | Determination Quarter and dividing the sum by the |
| |||||||
| |||||||
1 | number of sum total of all inpatient DRG admissions | ||||||
2 | for the category of service for the associated claims. | ||||||
3 | The case mix index for outpatient claims is calculated | ||||||
4 | each quarter by summing the relative weight of all | ||||||
5 | paid EAPGs in the applicable Determination Quarter and | ||||||
6 | dividing the sum by the sum total of paid EAPGs for the | ||||||
7 | associated claims. | ||||||
8 | (i) Beginning January 1, 2021, the rates for directed | ||||||
9 | payments shall be recalculated in order to spend the | ||||||
10 | additional funds for directed payments that result from | ||||||
11 | reduction in the amount of pass-through payments allowed under | ||||||
12 | federal regulations. The additional funds for directed | ||||||
13 | payments shall be allocated proportionally to each class of | ||||||
14 | hospitals based on that class' proportion of services. | ||||||
15 | (1) Beginning January 1, 2024, the fixed pool directed | ||||||
16 | payment amounts and the associated annual initial rates | ||||||
17 | referenced in paragraph (6) of subsection (f) for each | ||||||
18 | hospital class shall be uniformly increased by a ratio of | ||||||
19 | not less than, the ratio of the total pass-through | ||||||
20 | reduction amount pursuant to paragraph (4) of subsection | ||||||
21 | (j), for the hospitals comprising the hospital fixed pool | ||||||
22 | directed payment class for the next calendar year, to the | ||||||
23 | total inpatient and outpatient directed payments for the | ||||||
24 | hospitals comprising the hospital fixed pool directed | ||||||
25 | payment class paid during the preceding calendar year. | ||||||
26 | (2) Beginning January 1, 2024, the fixed rates for the |
| |||||||
| |||||||
1 | directed payments referenced in paragraph (18) of | ||||||
2 | subsection (h) for each hospital class shall be uniformly | ||||||
3 | increased by a ratio of not less than, the ratio of the | ||||||
4 | total pass-through reduction amount pursuant to paragraph | ||||||
5 | (4) of subsection (j), for the hospitals comprising the | ||||||
6 | hospital directed payment class for the next calendar | ||||||
7 | year, to the total inpatient and outpatient directed | ||||||
8 | payments for the hospitals comprising the hospital fixed | ||||||
9 | rate directed payment class paid during the preceding | ||||||
10 | calendar year. | ||||||
11 | (j) Pass-through payments. | ||||||
12 | (1) For the period July 1, 2020 through December 31, | ||||||
13 | 2020, the Department shall assign quarterly pass-through | ||||||
14 | payments to each class of hospitals equal to one-fourth of | ||||||
15 | the following annual allocations: | ||||||
16 | (A) $390,487,095 to safety-net hospitals. | ||||||
17 | (B) $62,553,886 to critical access hospitals. | ||||||
18 | (C) $345,021,438 to high Medicaid hospitals. | ||||||
19 | (D) $551,429,071 to general acute care hospitals. | ||||||
20 | (E) $27,283,870 to long term acute care hospitals. | ||||||
21 | (F) $40,825,444 to freestanding psychiatric | ||||||
22 | hospitals. | ||||||
23 | (G) $9,652,108 to freestanding rehabilitation | ||||||
24 | hospitals. | ||||||
25 | (2) For the period of July 1, 2020 through December | ||||||
26 | 31, 2020, the pass-through payments shall at a minimum |
| |||||||
| |||||||
1 | ensure hospitals receive a total amount of monthly | ||||||
2 | payments under this Section as received in calendar year | ||||||
3 | 2019 in accordance with this Article and paragraph (1) of | ||||||
4 | subsection (d-5) of Section 14-12, exclusive of amounts | ||||||
5 | received through payments referenced in subsection (b). | ||||||
6 | (3) For the calendar year beginning January 1, 2023, | ||||||
7 | the Department shall establish the annual pass-through | ||||||
8 | allocation to each class of hospitals and the pass-through | ||||||
9 | payments to each hospital so that the total amount of | ||||||
10 | payments to each hospital under this Section in calendar | ||||||
11 | year 2023 is projected to be substantially similar to the | ||||||
12 | total amount of such payments received by the hospital | ||||||
13 | under this Section in calendar year 2021, adjusted for | ||||||
14 | increased funding provided for fixed pool directed | ||||||
15 | payments under subsection (g) in calendar year 2022, | ||||||
16 | assuming that the volume and acuity of claims are held | ||||||
17 | constant. The Department shall publish the pass-through | ||||||
18 | allocation to each class and the pass-through payments to | ||||||
19 | each hospital to be established under this subsection on | ||||||
20 | its website by November 15, 2022. | ||||||
21 | (4) For the calendar years beginning January 1, 2021 | ||||||
22 | and January 1, 2022, each hospital's pass-through payment | ||||||
23 | amount shall be reduced proportionally to the reduction of | ||||||
24 | all pass-through payments required by federal regulations. | ||||||
25 | Beginning January 1, 2024, the Department shall reduce | ||||||
26 | total pass-through payments by the minimum amount |
| |||||||
| |||||||
1 | necessary to comply with federal regulations. Pass-through | ||||||
2 | payments to safety-net hospitals , as defined in Section | ||||||
3 | 5-5e.1 of this Code, shall not be reduced until all | ||||||
4 | pass-through payments to other hospitals have been | ||||||
5 | eliminated. All other hospitals shall have their | ||||||
6 | pass-through payments reduced proportionally. | ||||||
7 | (k) At least 30 days prior to each calendar year, the | ||||||
8 | Department shall notify each hospital of changes to the | ||||||
9 | payment methodologies in this Section, including, but not | ||||||
10 | limited to, changes in the fixed rate directed payment rates, | ||||||
11 | the aggregate pass-through payment amount for all hospitals, | ||||||
12 | and the hospital's pass-through payment amount for the | ||||||
13 | upcoming calendar year. | ||||||
14 | (l) Notwithstanding any other provisions of this Section, | ||||||
15 | the Department may adopt rules to change the methodology for | ||||||
16 | directed and pass-through payments as set forth in this | ||||||
17 | Section, but only to the extent necessary to obtain federal | ||||||
18 | approval of a necessary State Plan amendment or Directed | ||||||
19 | Payment Preprint or to otherwise conform to federal law or | ||||||
20 | federal regulation. | ||||||
21 | (m) As used in this subsection, "managed care | ||||||
22 | organization" or "MCO" means an entity which contracts with | ||||||
23 | the Department to provide services where payment for medical | ||||||
24 | services is made on a capitated basis, excluding contracted | ||||||
25 | entities for dual eligible or Department of Children and | ||||||
26 | Family Services youth populations. |
| |||||||
| |||||||
1 | (n) In order to address the escalating infant mortality | ||||||
2 | rates among minority communities in Illinois, the State shall, | ||||||
3 | subject to appropriation, create a pool of funding of at least | ||||||
4 | $50,000,000 annually to be disbursed among safety-net | ||||||
5 | hospitals that maintain perinatal designation from the | ||||||
6 | Department of Public Health. The funding shall be used to | ||||||
7 | preserve or enhance OB/GYN services or other specialty | ||||||
8 | services at the receiving hospital, with the distribution of | ||||||
9 | funding to be established by rule and with consideration to | ||||||
10 | perinatal hospitals with safe birthing levels and quality | ||||||
11 | metrics for healthy mothers and babies. | ||||||
12 | (o) In order to address the growing challenges of | ||||||
13 | providing stable access to healthcare in rural Illinois, | ||||||
14 | including perinatal services, behavioral healthcare including | ||||||
15 | substance use disorder services (SUDs) and other specialty | ||||||
16 | services, and to expand access to telehealth services among | ||||||
17 | rural communities in Illinois, the Department of Healthcare | ||||||
18 | and Family Services shall administer a program to provide at | ||||||
19 | least $10,000,000 in financial support annually to critical | ||||||
20 | access hospitals for delivery of perinatal and OB/GYN | ||||||
21 | services, behavioral healthcare including SUDS, other | ||||||
22 | specialty services and telehealth services. The funding shall | ||||||
23 | be used to preserve or enhance perinatal and OB/GYN services, | ||||||
24 | behavioral healthcare including SUDS, other specialty | ||||||
25 | services, as well as the explanation of telehealth services by | ||||||
26 | the receiving hospital, with the distribution of funding to be |
| |||||||
| |||||||
1 | established by rule. | ||||||
2 | (p) For calendar year 2023, the final amounts, rates, and | ||||||
3 | payments under subsections (c), (d-2), (g), (h), and (j) shall | ||||||
4 | be established by the Department, so that the sum of the total | ||||||
5 | estimated annual payments under subsections (c), (d-2), (g), | ||||||
6 | (h), and (j) for each hospital class for calendar year 2023, is | ||||||
7 | no less than: | ||||||
8 | (1) $858,260,000 to safety-net hospitals. | ||||||
9 | (2) $86,200,000 to critical access hospitals. | ||||||
10 | (3) $1,765,000,000 to high Medicaid hospitals. | ||||||
11 | (4) $673,860,000 to general acute care hospitals. | ||||||
12 | (5) $48,330,000 to long term acute care hospitals. | ||||||
13 | (6) $89,110,000 to freestanding psychiatric hospitals. | ||||||
14 | (7) $24,300,000 to freestanding rehabilitation | ||||||
15 | hospitals. | ||||||
16 | (8) $32,570,000 to public hospitals. | ||||||
17 | (q) Hospital Pandemic Recovery Stabilization Payments. The | ||||||
18 | Department shall disburse a pool of $460,000,000 in stability | ||||||
19 | payments to hospitals prior to April 1, 2023. The allocation | ||||||
20 | of the pool shall be based on the hospital directed payment | ||||||
21 | classes and directed payments issued, during Calendar Year | ||||||
22 | 2022 with added consideration to safety net hospitals, as | ||||||
23 | defined in subdivision (f)(1)(B) of this Section, and critical | ||||||
24 | access hospitals. | ||||||
25 | (Source: P.A. 102-4, eff. 4-27-21; 102-16, eff. 6-17-21; | ||||||
26 | 102-886, eff. 5-17-22; 102-1115, eff. 1-9-23; 103-102, eff. |
| |||||||
| |||||||
1 | 6-16-23; revised 9-21-23.)
| ||||||
2 | (305 ILCS 5/6-9) (from Ch. 23, par. 6-9) | ||||||
3 | Sec. 6-9. (a)(1) A local governmental unit may provide | ||||||
4 | assistance to households under its General Assistance program | ||||||
5 | following a declaration by the President of the United States | ||||||
6 | of a major disaster or emergency pursuant to the Federal | ||||||
7 | Disaster Relief Act of 1974, as now or hereafter amended, if | ||||||
8 | the local governmental unit is within the area designated | ||||||
9 | under the declaration. A local governmental government unit | ||||||
10 | may also provide assistance to households under its General | ||||||
11 | Assistance program following a disaster proclamation issued by | ||||||
12 | the Governor if the local governmental unit is within the area | ||||||
13 | designated under the proclamation. Assistance under this | ||||||
14 | Section may be provided to households which have suffered | ||||||
15 | damage, loss , or hardships as a result of the major disaster or | ||||||
16 | emergency. Assistance under this Section may be provided to | ||||||
17 | households without regard to the eligibility requirements and | ||||||
18 | other requirements of this Code. Assistance under this Section | ||||||
19 | may be provided only during the 90-day period following the | ||||||
20 | date of declaration of a major disaster or emergency. | ||||||
21 | (2) A local governmental unit shall not use State funds to | ||||||
22 | provide assistance under this Section. If a local governmental | ||||||
23 | unit receives State funds to provide General Assistance under | ||||||
24 | this Article, assistance provided by the local governmental | ||||||
25 | unit under this Section shall not be considered in determining |
| |||||||
| |||||||
1 | whether a local governmental unit has qualified to receive | ||||||
2 | State funds under Article XII. A local governmental unit which | ||||||
3 | provides assistance under this Section shall not, as a result | ||||||
4 | of payment of such assistance, change the nature or amount of | ||||||
5 | assistance provided to any other individual or family under | ||||||
6 | this Article. | ||||||
7 | (3) This Section shall not apply to any municipality of | ||||||
8 | more than 500,000 population in which a separate program has | ||||||
9 | been established by the Illinois Department under Section 6-1. | ||||||
10 | (b)(1) A local governmental unit may provide assistance to | ||||||
11 | households for food and temporary shelter. To qualify for | ||||||
12 | assistance a household shall submit to the local governmental | ||||||
13 | unit: (A) such application as the local governmental unit may | ||||||
14 | require; (B) a copy of an application to the Federal Emergency | ||||||
15 | Management Agency (hereinafter "FEMA") or the Small Business | ||||||
16 | Administration (hereinafter "SBA") for assistance; (C) such | ||||||
17 | other proof of damage, loss , or hardship as the local | ||||||
18 | governmental unit may require; and (D) an agreement to | ||||||
19 | reimburse the local governmental unit for the amount of any | ||||||
20 | assistance received by the household under this subsection | ||||||
21 | (b). | ||||||
22 | (2) Assistance under this subsection (b) may be in the | ||||||
23 | form of cash or vouchers. The amount of assistance provided to | ||||||
24 | a household in any month under this subsection (b) shall not | ||||||
25 | exceed the maximum amount payable under Section 6-2. | ||||||
26 | (3) No assistance shall be provided to a household after |
| |||||||
| |||||||
1 | it receives a determination of its application to FEMA or SBA | ||||||
2 | for assistance. | ||||||
3 | (4) A household which has received assistance under this | ||||||
4 | subsection (b) shall reimburse the local governmental unit in | ||||||
5 | full for any assistance received under this subsection. If the | ||||||
6 | household receives assistance from FEMA or SBA in the form of | ||||||
7 | loans or grants, the household shall reimburse the local | ||||||
8 | governmental unit from those funds. If the household's request | ||||||
9 | for assistance is denied or rejected by the FEMA or SBA, the | ||||||
10 | household shall repay the local governmental unit in | ||||||
11 | accordance with a repayment schedule prescribed by the local | ||||||
12 | governmental unit. | ||||||
13 | (c)(1) A local governmental unit may provide assistance to | ||||||
14 | households for structural repairs to homes or for repair or | ||||||
15 | replacement of home electrical or heating systems, bedding , | ||||||
16 | and food refrigeration equipment. To qualify for assistance a | ||||||
17 | household shall submit to the local governmental unit: (A) | ||||||
18 | such application as the local governmental unit may require; | ||||||
19 | (B) a copy of claim to an insurance company for reimbursement | ||||||
20 | for the damage or loss for which assistance is sought; (C) such | ||||||
21 | other proof of damage, loss , or hardship as the local | ||||||
22 | governmental unit may require; and (D) an agreement to | ||||||
23 | reimburse the local governmental unit for the amount of any | ||||||
24 | assistance received by the household under this subsection | ||||||
25 | (c). | ||||||
26 | (2) Any assistance provided under this subsection (c) |
| |||||||
| |||||||
1 | shall be in the form of direct payments to vendors, and shall | ||||||
2 | not be made directly to a household. The total amount of | ||||||
3 | assistance provided to a household under this subsection (c) | ||||||
4 | shall not exceed $1,500. | ||||||
5 | (3) No assistance shall be provided to a household after | ||||||
6 | it receives a determination of its insurance claims. | ||||||
7 | (4) A household which has received assistance under this | ||||||
8 | subsection (c) shall reimburse the local governmental unit in | ||||||
9 | full for any assistance received under this subsection. If the | ||||||
10 | household's insurance claim is approved, the household shall | ||||||
11 | reimburse the local governmental unit from the proceeds. If | ||||||
12 | the household's insurance claim is denied, the household shall | ||||||
13 | repay the local governmental unit in accordance with a | ||||||
14 | repayment schedule prescribed by the local governmental unit. | ||||||
15 | (Source: P.A. 103-192, eff. 1-1-24; revised 1-2-24.)
| ||||||
16 | (305 ILCS 5/6-12) (from Ch. 23, par. 6-12) | ||||||
17 | Sec. 6-12. General Assistance not funded by State. General | ||||||
18 | Assistance programs in local governments that do not receive | ||||||
19 | State funds shall continue to be governed by Sections 6-1 | ||||||
20 | through 6-10, as applicable, as well as other relevant parts | ||||||
21 | of this Code and other laws. However, notwithstanding any | ||||||
22 | other provision of this Code, any unit of local government | ||||||
23 | that does not receive State funds may implement a General | ||||||
24 | Assistance program that complies with Sections Section 6-11 | ||||||
25 | and 6-11a. So long as the program complies with either Section |
| |||||||
| |||||||
1 | 6-11 or 6-12, the program shall not be deemed out of compliance | ||||||
2 | with or in violation of this Code. | ||||||
3 | (Source: P.A. 103-192, eff. 1-1-24; revised 1-2-24.)
| ||||||
4 | (305 ILCS 5/12-4.57) | ||||||
5 | Sec. 12-4.57. Prospective Payment System rates; increase | ||||||
6 | for federally qualified health centers. Beginning January 1, | ||||||
7 | 2024, subject to federal approval, the Department of | ||||||
8 | Healthcare and Family Services shall increase the Prospective | ||||||
9 | Payment System rates for federally qualified health centers to | ||||||
10 | a level calculated to spend an additional $50,000,000 in the | ||||||
11 | first year of application using an alternative payment method | ||||||
12 | acceptable to the Centers for Medicare and Medicaid Services | ||||||
13 | and a trade association representing a majority of federally | ||||||
14 | qualified health centers operating in Illinois, including a | ||||||
15 | rate increase that is an equal percentage increase to the | ||||||
16 | rates paid to each federally qualified health center. | ||||||
17 | (Source: P.A. 103-102, eff. 1-1-24.)
| ||||||
18 | (305 ILCS 5/12-4.58) | ||||||
19 | Sec. 12-4.58 12-4.57 . Stolen SNAP benefits via card | ||||||
20 | skimming; data collection and reports. | ||||||
21 | (a) As the State administrator of benefits provided under | ||||||
22 | the federally funded Supplemental Nutrition Assistance Program | ||||||
23 | (SNAP), the Department of Human Services shall track and | ||||||
24 | collect data on the scope and frequency of SNAP benefits fraud |
| |||||||
| |||||||
1 | in this State where a SNAP recipient's benefits are stolen | ||||||
2 | from the recipient's electronic benefits transfer card by | ||||||
3 | means of card skimming, card cloning, or some other similar | ||||||
4 | fraudulent method. The Department shall specifically keep a | ||||||
5 | record of every report made to the Department by a SNAP | ||||||
6 | recipient alleging the theft of benefits due to no fault of the | ||||||
7 | recipient, the benefit amount stolen, and, if practicable, how | ||||||
8 | those stolen benefits were used and the location of those | ||||||
9 | thefts. | ||||||
10 | (b) The Department shall report its findings to the | ||||||
11 | General Assembly on an annual basis beginning on January 1, | ||||||
12 | 2024. The Department shall file an annual report no later than | ||||||
13 | the 60th day of the following year following each reporting | ||||||
14 | period. A SNAP recipient's personally identifiable information | ||||||
15 | shall be excluded from the reports consistent with State and | ||||||
16 | federal privacy protections. Each annual report shall also be | ||||||
17 | posted on the Department's official website. | ||||||
18 | (c) If the Department determines that a SNAP recipient has | ||||||
19 | made a substantiated report of stolen benefits due to card | ||||||
20 | skimming, card cloning, or some other similar fraudulent | ||||||
21 | method, the Department shall refer the matter to the State's | ||||||
22 | Attorney who has jurisdiction over the alleged theft or fraud | ||||||
23 | and shall provide any assistance to that State's Attorney in | ||||||
24 | the prosecution of the alleged theft or fraud. | ||||||
25 | (Source: P.A. 103-297, eff. 1-1-24; revised 1-2-24.)
|
| |||||||
| |||||||
1 | Section 450. The Abandoned Newborn Infant Protection Act | ||||||
2 | is amended by changing Sections 10, 30, and 35 as follows:
| ||||||
3 | (325 ILCS 2/10) | ||||||
4 | Sec. 10. Definitions. In this Act: | ||||||
5 | "Abandon" has the same meaning as in the Abused and | ||||||
6 | Neglected Child Reporting Act. | ||||||
7 | "Abused child" has the same meaning as in the Abused and | ||||||
8 | Neglected Child Reporting Act. | ||||||
9 | "Child welfare agency" means an Illinois licensed public | ||||||
10 | or private agency that receives a child for the purpose of | ||||||
11 | placing or arranging for the placement of the child in a foster | ||||||
12 | or pre-adoptive family home or other facility for child care, | ||||||
13 | apart from the custody of the child's parents. | ||||||
14 | "Department" or "DCFS" means the Illinois Department of | ||||||
15 | Children and Family Services. | ||||||
16 | "Emergency medical facility" means a freestanding | ||||||
17 | emergency center or trauma center, as defined in the Emergency | ||||||
18 | Medical Services (EMS) Systems Act. | ||||||
19 | "Emergency medical professional" includes licensed | ||||||
20 | physicians, and any emergency medical technician, emergency | ||||||
21 | medical technician-intermediate, advanced emergency medical | ||||||
22 | technician, paramedic, trauma nurse specialist, and | ||||||
23 | pre-hospital registered nurse, as defined in the Emergency | ||||||
24 | Medical Services (EMS) Systems Act. | ||||||
25 | "Fire station" means a fire station within the State with |
| |||||||
| |||||||
1 | at least one staff person. | ||||||
2 | "Hospital" has the same meaning as in the Hospital | ||||||
3 | Licensing Act. | ||||||
4 | "Legal custody" means the relationship created by a court | ||||||
5 | order in the best interest of a newborn infant that imposes on | ||||||
6 | the infant's custodian the responsibility of physical | ||||||
7 | possession of the infant, the duty to protect, train, and | ||||||
8 | discipline the infant, and the duty to provide the infant with | ||||||
9 | food, shelter, education, and medical care, except as these | ||||||
10 | are limited by parental rights and responsibilities. | ||||||
11 | "Neglected child" has the same meaning as in the Abused | ||||||
12 | and Neglected Child Reporting Act. | ||||||
13 | "Newborn infant" means a child who a licensed physician | ||||||
14 | reasonably believes is 30 days old or less at the time the | ||||||
15 | child is initially relinquished to a hospital, police station, | ||||||
16 | fire station, or emergency medical facility, and who is not an | ||||||
17 | abused or a neglected child. | ||||||
18 | "Parent" or "biological parent" or "birth parent" means a | ||||||
19 | person who has established maternity or paternity of the | ||||||
20 | newborn infant through genetic testing. | ||||||
21 | "Police station" means a municipal police station, a | ||||||
22 | county sheriff's office, a campus police department located on | ||||||
23 | any college or university owned or controlled by the State or | ||||||
24 | any private college or private university that is not owned or | ||||||
25 | controlled by the State when employees of the campus police | ||||||
26 | department are present, or any of the district headquarters of |
| |||||||
| |||||||
1 | the Illinois State Police. | ||||||
2 | "Relinquish" means to bring a newborn infant, who a | ||||||
3 | licensed physician reasonably believes is 30 days old or less, | ||||||
4 | to a hospital, police station, fire station, or emergency | ||||||
5 | medical facility and to leave the infant with personnel of the | ||||||
6 | facility, if the person leaving the infant does not express an | ||||||
7 | intent to return for the infant or states that the person will | ||||||
8 | not return for the infant. In the case of a person who gives | ||||||
9 | birth to an infant in a hospital, the person's act of leaving | ||||||
10 | that newborn infant at the hospital (i) without expressing an | ||||||
11 | intent to return for the infant or (ii) stating that the person | ||||||
12 | will not return for the infant is not a "relinquishment" under | ||||||
13 | this Act. | ||||||
14 | "Temporary protective custody" means the temporary | ||||||
15 | placement of a newborn infant within a hospital or other | ||||||
16 | medical facility out of the custody of the infant's parent. | ||||||
17 | (Source: P.A. 103-22, eff. 8-8-23; 103-501, eff. 1-1-24; | ||||||
18 | revised 9-14-23.)
| ||||||
19 | (325 ILCS 2/30) | ||||||
20 | Sec. 30. Anonymity of relinquishing person. If there is | ||||||
21 | no evidence of abuse or neglect of a relinquished newborn | ||||||
22 | infant, the relinquishing person has the right to remain | ||||||
23 | anonymous and to leave the hospital, police station, fire | ||||||
24 | station, or emergency medical facility at any time and not be | ||||||
25 | pursued or followed. Before the relinquishing person leaves |
| |||||||
| |||||||
1 | the hospital, police station, fire station, or emergency | ||||||
2 | medical facility, the hospital, police station, fire station, | ||||||
3 | or emergency medical facility personnel shall (i) verbally | ||||||
4 | inform the relinquishing person that by relinquishing the | ||||||
5 | child anonymously, the relinquishing person will have to | ||||||
6 | petition the court if the relinquishing person desires to | ||||||
7 | prevent the termination of parental rights and regain custody | ||||||
8 | of the child and (ii) shall offer the relinquishing person the | ||||||
9 | information packet described in Section 35 of this Act. | ||||||
10 | However, nothing in this Act shall be construed as precluding | ||||||
11 | the relinquishing person from providing the relinquishing | ||||||
12 | person's identity or completing the application forms for the | ||||||
13 | Illinois Adoption Registry and Medical Information Exchange | ||||||
14 | and requesting that the hospital, police station, fire | ||||||
15 | station, or emergency medical facility forward those forms to | ||||||
16 | the Illinois Adoption Registry and Medical Information | ||||||
17 | Exchange. | ||||||
18 | (Source: P.A. 103-22, eff. 8-8-23; revised 9-25-23.)
| ||||||
19 | (325 ILCS 2/35) | ||||||
20 | Sec. 35. Information for relinquishing person. | ||||||
21 | (a) The hospital, police station, fire station, or | ||||||
22 | emergency medical facility that receives a newborn infant | ||||||
23 | relinquished in accordance with this Act shall offer to the | ||||||
24 | relinquishing person information about the relinquishment | ||||||
25 | process and, either in writing or by referring such person to a |
| |||||||
| |||||||
1 | website or other electronic resource, such information shall | ||||||
2 | state that the relinquishing person's acceptance of the | ||||||
3 | information is completely voluntary. The information packet | ||||||
4 | must include all of the following: | ||||||
5 | (1) (Blank). | ||||||
6 | (2) Written notice of the following: | ||||||
7 | (A) No sooner than 60 days following the date of | ||||||
8 | the initial relinquishment of the infant to a | ||||||
9 | hospital, police station, fire station, or emergency | ||||||
10 | medical facility, the child welfare agency or the | ||||||
11 | Department will commence proceedings for the | ||||||
12 | termination of parental rights and placement of the | ||||||
13 | infant for adoption. | ||||||
14 | (B) Failure of a parent of the infant to contact | ||||||
15 | the Department and petition for the return of custody | ||||||
16 | of the infant before termination of parental rights | ||||||
17 | bars any future action asserting legal rights with | ||||||
18 | respect to the infant. | ||||||
19 | (3) A resource list of providers of counseling | ||||||
20 | services including grief counseling, pregnancy counseling, | ||||||
21 | and counseling regarding adoption and other available | ||||||
22 | options for placement of the infant. | ||||||
23 | Upon request of a parent, the Department of Public Health | ||||||
24 | shall provide the application forms for the Illinois Adoption | ||||||
25 | Registry and Medical Information Exchange. | ||||||
26 | (b) The information offered to a relinquishing person in |
| |||||||
| |||||||
1 | accordance with this Act shall include, in addition to other | ||||||
2 | information required under this Act, the following: | ||||||
3 | (1) Information that describes this Act and the rights | ||||||
4 | of birth parents, including an option for the parent to | ||||||
5 | complete and mail to the Department of Children and Family | ||||||
6 | Services a form that shall ask for basic anonymous | ||||||
7 | background information about the relinquished child. This | ||||||
8 | form shall be maintained by the Department on its website. | ||||||
9 | (2) Information about the Illinois Adoption Registry, | ||||||
10 | including a toll-free number and website information. | ||||||
11 | (3) Information about a mother's postpartum health. | ||||||
12 | The information provided in writing or through electronic | ||||||
13 | means shall be designed in coordination between the Office of | ||||||
14 | Vital Records and the Department of Children and Family | ||||||
15 | Services. The Failure to provide such information under this | ||||||
16 | Section or the failure of the relinquishing person to accept | ||||||
17 | such information shall not invalidate the relinquishment under | ||||||
18 | this Act. | ||||||
19 | (Source: P.A. 103-22, eff. 8-8-23; 103-501, eff. 1-1-24; | ||||||
20 | revised 9-15-23.)
| ||||||
21 | Section 455. The Abused and Neglected Child Reporting Act | ||||||
22 | is amended by changing Sections 4.5 and 7.4 as follows:
| ||||||
23 | (325 ILCS 5/4.5) | ||||||
24 | Sec. 4.5. Electronic and information technology workers; |
| |||||||
| |||||||
1 | reporting child pornography. | ||||||
2 | (a) In this Section: | ||||||
3 | "Child pornography" means child pornography as described | ||||||
4 | in Section 11-20.1 of the Criminal Code of 2012. | ||||||
5 | "Electronic and information technology equipment" means | ||||||
6 | equipment used in the creation, manipulation, storage, | ||||||
7 | display, or transmission of data, including internet and | ||||||
8 | intranet systems, software applications, operating systems, | ||||||
9 | video and multimedia, telecommunications products, kiosks, | ||||||
10 | information transaction machines, copiers, printers, and | ||||||
11 | desktop and portable computers. | ||||||
12 | "Electronic and information technology equipment worker" | ||||||
13 | means a person who in the scope and course of the person's | ||||||
14 | employment or business installs, repairs, or otherwise | ||||||
15 | services electronic and information technology equipment for a | ||||||
16 | fee but does not include (i) an employee, independent | ||||||
17 | contractor, or other agent of a telecommunications carrier or | ||||||
18 | telephone or telecommunications cooperative, as those terms | ||||||
19 | are defined in the Public Utilities Act, or (ii) an employee, | ||||||
20 | independent contractor, or other agent of a provider of | ||||||
21 | commercial mobile radio service, as defined in 47 CFR C.F.R. | ||||||
22 | 20.3. | ||||||
23 | (b) If an electronic and information technology equipment | ||||||
24 | worker discovers any depiction of child pornography while | ||||||
25 | installing, repairing, or otherwise servicing an item of | ||||||
26 | electronic and information technology equipment, that worker |
| |||||||
| |||||||
1 | or the worker's employer shall immediately report the | ||||||
2 | discovery to the local law enforcement agency or to the Cyber | ||||||
3 | Tipline at the National Center for Missing and Exploited | ||||||
4 | Children. | ||||||
5 | (c) If a report is filed in accordance with the | ||||||
6 | requirements of 42 U.S.C. 13032, the requirements of this | ||||||
7 | Section 4.5 will be deemed to have been met. | ||||||
8 | (d) An electronic and information technology equipment | ||||||
9 | worker or electronic and information technology equipment | ||||||
10 | worker's employer who reports a discovery of child pornography | ||||||
11 | as required under this Section is immune from any criminal, | ||||||
12 | civil, or administrative liability in connection with making | ||||||
13 | the report, except for willful or wanton misconduct. | ||||||
14 | (e) Failure to report a discovery of child pornography as | ||||||
15 | required under this Section is a business offense subject to a | ||||||
16 | fine of $1,001. | ||||||
17 | (Source: P.A. 103-22, eff. 8-8-23; revised 9-25-23.)
| ||||||
18 | (325 ILCS 5/7.4) | ||||||
19 | Sec. 7.4. (a) The Department shall be capable of receiving | ||||||
20 | reports of suspected child abuse or neglect 24 hours a day, 7 | ||||||
21 | days a week. Whenever the Department receives a report | ||||||
22 | alleging that a child is a truant as defined in Section 26-2a | ||||||
23 | of the School Code, as now or hereafter amended, the | ||||||
24 | Department shall notify the superintendent of the school | ||||||
25 | district in which the child resides and the appropriate |
| |||||||
| |||||||
1 | superintendent of the educational service region. The | ||||||
2 | notification to the appropriate officials by the Department | ||||||
3 | shall not be considered an allegation of abuse or neglect | ||||||
4 | under this Act. | ||||||
5 | (a-5) The Department of Children and Family Services may | ||||||
6 | implement a "differential response program" in accordance with | ||||||
7 | criteria, standards, and procedures prescribed by rule. The | ||||||
8 | program may provide that, upon receiving a report, the | ||||||
9 | Department shall determine whether to conduct a family | ||||||
10 | assessment or an investigation as appropriate to prevent or | ||||||
11 | provide a remedy for child abuse or neglect. | ||||||
12 | For purposes of this subsection (a-5), "family assessment" | ||||||
13 | means a comprehensive assessment of child safety, risk of | ||||||
14 | subsequent child maltreatment, and family strengths and needs | ||||||
15 | that is applied to a child maltreatment report that does not | ||||||
16 | allege substantial child endangerment. "Family assessment" | ||||||
17 | does not include a determination as to whether child | ||||||
18 | maltreatment occurred but does determine the need for services | ||||||
19 | to address the safety of family members and the risk of | ||||||
20 | subsequent maltreatment. | ||||||
21 | For purposes of this subsection (a-5), "investigation" | ||||||
22 | means fact-gathering related to the current safety of a child | ||||||
23 | and the risk of subsequent abuse or neglect that determines | ||||||
24 | whether a report of suspected child abuse or neglect should be | ||||||
25 | indicated or unfounded and whether child protective services | ||||||
26 | are needed. |
| |||||||
| |||||||
1 | Under the "differential response program" implemented | ||||||
2 | under this subsection (a-5), the Department: | ||||||
3 | (1) Shall conduct an investigation on reports | ||||||
4 | involving substantial child abuse or neglect. | ||||||
5 | (2) Shall begin an immediate investigation if, at any | ||||||
6 | time when it is using a family assessment response, it | ||||||
7 | determines that there is reason to believe that | ||||||
8 | substantial child abuse or neglect or a serious threat to | ||||||
9 | the child's safety exists. | ||||||
10 | (3) May conduct a family assessment for reports that | ||||||
11 | do not allege substantial child endangerment. In | ||||||
12 | determining that a family assessment is appropriate, the | ||||||
13 | Department may consider issues, including, but not limited | ||||||
14 | to, child safety, parental cooperation, and the need for | ||||||
15 | an immediate response. | ||||||
16 | (4) Shall promulgate criteria, standards, and | ||||||
17 | procedures that shall be applied in making this | ||||||
18 | determination, taking into consideration the Safety-Based | ||||||
19 | Child Welfare Intervention System of the Department. | ||||||
20 | (5) May conduct a family assessment on a report that | ||||||
21 | was initially screened and assigned for an investigation. | ||||||
22 | In determining that a complete investigation is not | ||||||
23 | required, the Department must document the reason for | ||||||
24 | terminating the investigation and notify the local law | ||||||
25 | enforcement agency or the Illinois State Police if the local | ||||||
26 | law enforcement agency or Illinois State Police is conducting |
| |||||||
| |||||||
1 | a joint investigation. | ||||||
2 | Once it is determined that a "family assessment" will be | ||||||
3 | implemented, the case shall not be reported to the central | ||||||
4 | register of abuse and neglect reports. | ||||||
5 | During a family assessment, the Department shall collect | ||||||
6 | any available and relevant information to determine child | ||||||
7 | safety, risk of subsequent abuse or neglect, and family | ||||||
8 | strengths. | ||||||
9 | Information collected includes, but is not limited to, | ||||||
10 | when relevant: information with regard to the person reporting | ||||||
11 | the alleged abuse or neglect, including the nature of the | ||||||
12 | reporter's relationship to the child and to the alleged | ||||||
13 | offender, and the basis of the reporter's knowledge for the | ||||||
14 | report; the child allegedly being abused or neglected; the | ||||||
15 | alleged offender; the child's caretaker; and other collateral | ||||||
16 | sources having relevant information related to the alleged | ||||||
17 | abuse or neglect. Information relevant to the assessment must | ||||||
18 | be asked for, and may include: | ||||||
19 | (A) The child's sex and age, prior reports of abuse or | ||||||
20 | neglect, information relating to developmental | ||||||
21 | functioning, credibility of the child's statement, and | ||||||
22 | whether the information provided under this paragraph (A) | ||||||
23 | is consistent with other information collected during the | ||||||
24 | course of the assessment or investigation. | ||||||
25 | (B) The alleged offender's age, a record check for | ||||||
26 | prior reports of abuse or neglect, and criminal charges |
| |||||||
| |||||||
1 | and convictions. The alleged offender may submit | ||||||
2 | supporting documentation relevant to the assessment. | ||||||
3 | (C) Collateral source information regarding the | ||||||
4 | alleged abuse or neglect and care of the child. Collateral | ||||||
5 | information includes, when relevant: (i) a medical | ||||||
6 | examination of the child; (ii) prior medical records | ||||||
7 | relating to the alleged maltreatment or care of the child | ||||||
8 | maintained by any facility, clinic, or health care | ||||||
9 | professional, and an interview with the treating | ||||||
10 | professionals; and (iii) interviews with the child's | ||||||
11 | caretakers, including the child's parent, guardian, foster | ||||||
12 | parent, child care provider, teachers, counselors, family | ||||||
13 | members, relatives, and other persons who may have | ||||||
14 | knowledge regarding the alleged maltreatment and the care | ||||||
15 | of the child. | ||||||
16 | (D) Information on the existence of domestic abuse and | ||||||
17 | violence in the home of the child, and substance abuse. | ||||||
18 | Nothing in this subsection (a-5) precludes the Department | ||||||
19 | from collecting other relevant information necessary to | ||||||
20 | conduct the assessment or investigation. Nothing in this | ||||||
21 | subsection (a-5) shall be construed to allow the name or | ||||||
22 | identity of a reporter to be disclosed in violation of the | ||||||
23 | protections afforded under Section 7.19 of this Act. | ||||||
24 | After conducting the family assessment, the Department | ||||||
25 | shall determine whether services are needed to address the | ||||||
26 | safety of the child and other family members and the risk of |
| |||||||
| |||||||
1 | subsequent abuse or neglect. | ||||||
2 | Upon completion of the family assessment, if the | ||||||
3 | Department concludes that no services shall be offered, then | ||||||
4 | the case shall be closed. If the Department concludes that | ||||||
5 | services shall be offered, the Department shall develop a | ||||||
6 | family preservation plan and offer or refer services to the | ||||||
7 | family. | ||||||
8 | At any time during a family assessment, if the Department | ||||||
9 | believes there is any reason to stop the assessment and | ||||||
10 | conduct an investigation based on the information discovered, | ||||||
11 | the Department shall do so. | ||||||
12 | The procedures available to the Department in conducting | ||||||
13 | investigations under this Act shall be followed as appropriate | ||||||
14 | during a family assessment. | ||||||
15 | If the Department implements a differential response | ||||||
16 | program authorized under this subsection (a-5), the Department | ||||||
17 | shall arrange for an independent evaluation of the program for | ||||||
18 | at least the first 3 years of implementation to determine | ||||||
19 | whether it is meeting the goals in accordance with Section 2 of | ||||||
20 | this Act. | ||||||
21 | The Department may adopt administrative rules necessary | ||||||
22 | for the execution of this Section, in accordance with Section | ||||||
23 | 4 of the Children and Family Services Act. | ||||||
24 | The Department shall submit a report to the General | ||||||
25 | Assembly by January 15, 2018 on the implementation progress | ||||||
26 | and recommendations for additional needed legislative changes. |
| |||||||
| |||||||
1 | (b)(1) The following procedures shall be followed in the | ||||||
2 | investigation of all reports of suspected abuse or neglect of | ||||||
3 | a child, except as provided in subsection (c) of this Section. | ||||||
4 | (2) If, during a family assessment authorized by | ||||||
5 | subsection (a-5) or an investigation, it appears that the | ||||||
6 | immediate safety or well-being of a child is endangered, that | ||||||
7 | the family may flee or the child disappear, or that the facts | ||||||
8 | otherwise so warrant, the Child Protective Service Unit shall | ||||||
9 | commence an investigation immediately, regardless of the time | ||||||
10 | of day or night. All other investigations shall be commenced | ||||||
11 | within 24 hours of receipt of the report. Upon receipt of a | ||||||
12 | report, the Child Protective Service Unit shall conduct a | ||||||
13 | family assessment authorized by subsection (a-5) or begin an | ||||||
14 | initial investigation and make an initial determination | ||||||
15 | whether the report is a good faith indication of alleged child | ||||||
16 | abuse or neglect. | ||||||
17 | (3) Based on an initial investigation, if the Unit | ||||||
18 | determines the report is a good faith indication of alleged | ||||||
19 | child abuse or neglect, then a formal investigation shall | ||||||
20 | commence and, pursuant to Section 7.12 of this Act, may or may | ||||||
21 | not result in an indicated report. The formal investigation | ||||||
22 | shall include: direct contact with the subject or subjects of | ||||||
23 | the report as soon as possible after the report is received; an | ||||||
24 | evaluation of the environment of the child named in the report | ||||||
25 | and any other children in the same environment; a | ||||||
26 | determination of the risk to such children if they continue to |
| |||||||
| |||||||
1 | remain in the existing environments, as well as a | ||||||
2 | determination of the nature, extent and cause of any condition | ||||||
3 | enumerated in such report; the name, age and condition of | ||||||
4 | other children in the environment; and an evaluation as to | ||||||
5 | whether there would be an immediate and urgent necessity to | ||||||
6 | remove the child from the environment if appropriate family | ||||||
7 | preservation services were provided. After seeing to the | ||||||
8 | safety of the child or children, the Department shall | ||||||
9 | forthwith notify the subjects of the report in writing, of the | ||||||
10 | existence of the report and their rights existing under this | ||||||
11 | Act in regard to amendment or expungement. To fulfill the | ||||||
12 | requirements of this Section, the Child Protective Service | ||||||
13 | Unit shall have the capability of providing or arranging for | ||||||
14 | comprehensive emergency services to children and families at | ||||||
15 | all times of the day or night. | ||||||
16 | (4) If (i) at the conclusion of the Unit's initial | ||||||
17 | investigation of a report, the Unit determines the report to | ||||||
18 | be a good faith indication of alleged child abuse or neglect | ||||||
19 | that warrants a formal investigation by the Unit, the | ||||||
20 | Department, any law enforcement agency or any other | ||||||
21 | responsible agency and (ii) the person who is alleged to have | ||||||
22 | caused the abuse or neglect is employed or otherwise engaged | ||||||
23 | in an activity resulting in frequent contact with children and | ||||||
24 | the alleged abuse or neglect are in the course of such | ||||||
25 | employment or activity, then the Department shall, except in | ||||||
26 | investigations where the Director determines that such |
| |||||||
| |||||||
1 | notification would be detrimental to the Department's | ||||||
2 | investigation, inform the appropriate supervisor or | ||||||
3 | administrator of that employment or activity that the Unit has | ||||||
4 | commenced a formal investigation pursuant to this Act, which | ||||||
5 | may or may not result in an indicated report. The Department | ||||||
6 | shall also notify the person being investigated, unless the | ||||||
7 | Director determines that such notification would be | ||||||
8 | detrimental to the Department's investigation. | ||||||
9 | (c) In an investigation of a report of suspected abuse or | ||||||
10 | neglect of a child by a school employee at a school or on | ||||||
11 | school grounds, the Department shall make reasonable efforts | ||||||
12 | to follow the following procedures: | ||||||
13 | (1) Investigations involving teachers shall not, to | ||||||
14 | the extent possible, be conducted when the teacher is | ||||||
15 | scheduled to conduct classes. Investigations involving | ||||||
16 | other school employees shall be conducted so as to | ||||||
17 | minimize disruption of the school day. The school employee | ||||||
18 | accused of child abuse or neglect may have the school | ||||||
19 | employee's superior, the school employee's association or | ||||||
20 | union representative , and the school employee's attorney | ||||||
21 | present at any interview or meeting at which the teacher | ||||||
22 | or administrator is present. The accused school employee | ||||||
23 | shall be informed by a representative of the Department, | ||||||
24 | at any interview or meeting, of the accused school | ||||||
25 | employee's due process rights and of the steps in the | ||||||
26 | investigation process. These due process rights shall also |
| |||||||
| |||||||
1 | include the right of the school employee to present | ||||||
2 | countervailing evidence regarding the accusations. In an | ||||||
3 | investigation in which the alleged perpetrator of abuse or | ||||||
4 | neglect is a school employee, including, but not limited | ||||||
5 | to, a school teacher or administrator, and the | ||||||
6 | recommendation is to determine the report to be indicated, | ||||||
7 | in addition to other procedures as set forth and defined | ||||||
8 | in Department rules and procedures, the employee's due | ||||||
9 | process rights shall also include: (i) the right to a copy | ||||||
10 | of the investigation summary; (ii) the right to review the | ||||||
11 | specific allegations which gave rise to the investigation; | ||||||
12 | and (iii) the right to an administrator's teleconference | ||||||
13 | which shall be convened to provide the school employee | ||||||
14 | with the opportunity to present documentary evidence or | ||||||
15 | other information that supports the school employee's | ||||||
16 | position and to provide information before a final finding | ||||||
17 | is entered. | ||||||
18 | (2) If a report of neglect or abuse of a child by a | ||||||
19 | teacher or administrator does not involve allegations of | ||||||
20 | sexual abuse or extreme physical abuse, the Child | ||||||
21 | Protective Service Unit shall make reasonable efforts to | ||||||
22 | conduct the initial investigation in coordination with the | ||||||
23 | employee's supervisor. | ||||||
24 | If the Unit determines that the report is a good faith | ||||||
25 | indication of potential child abuse or neglect, it shall | ||||||
26 | then commence a formal investigation under paragraph (3) |
| |||||||
| |||||||
1 | of subsection (b) of this Section. | ||||||
2 | (3) If a report of neglect or abuse of a child by a | ||||||
3 | teacher or administrator involves an allegation of sexual | ||||||
4 | abuse or extreme physical abuse, the Child Protective Unit | ||||||
5 | shall commence an investigation under paragraph (2) of | ||||||
6 | subsection (b) of this Section. | ||||||
7 | (c-5) In any instance in which a report is made or caused | ||||||
8 | to made by a school district employee involving the conduct of | ||||||
9 | a person employed by the school district, at the time the | ||||||
10 | report was made, as required under Section 4 of this Act, the | ||||||
11 | Child Protective Service Unit shall send a copy of its final | ||||||
12 | finding report to the general superintendent of that school | ||||||
13 | district. | ||||||
14 | (c-10) The Department may recommend that a school district | ||||||
15 | remove a school employee who is the subject of an | ||||||
16 | investigation from the school employee's employment position | ||||||
17 | pending the outcome of the investigation; however, all | ||||||
18 | employment decisions regarding school personnel shall be the | ||||||
19 | sole responsibility of the school district or employer. The | ||||||
20 | Department may not require a school district to remove a | ||||||
21 | school employee from the school employee's employment position | ||||||
22 | or limit the school employee's duties pending the outcome of | ||||||
23 | an investigation. | ||||||
24 | (d) If the Department has contact with an employer, or | ||||||
25 | with a religious institution or religious official having | ||||||
26 | supervisory or hierarchical authority over a member of the |
| |||||||
| |||||||
1 | clergy accused of the abuse of a child, in the course of its | ||||||
2 | investigation, the Department shall notify the employer or the | ||||||
3 | religious institution or religious official, in writing, when | ||||||
4 | a report is unfounded so that any record of the investigation | ||||||
5 | can be expunged from the employee's or member of the clergy's | ||||||
6 | personnel or other records. The Department shall also notify | ||||||
7 | the employee or the member of the clergy, in writing, that | ||||||
8 | notification has been sent to the employer or to the | ||||||
9 | appropriate religious institution or religious official | ||||||
10 | informing the employer or religious institution or religious | ||||||
11 | official that the Department's investigation has resulted in | ||||||
12 | an unfounded report. | ||||||
13 | (d-1) Whenever a report alleges that a child was abused or | ||||||
14 | neglected while receiving care in a hospital, including a | ||||||
15 | freestanding psychiatric hospital licensed by the Department | ||||||
16 | of Public Health, the Department shall send a copy of its final | ||||||
17 | finding to the Director of Public Health and the Director of | ||||||
18 | Healthcare and Family Services. | ||||||
19 | (e) Upon request by the Department, the Illinois State | ||||||
20 | Police and law enforcement agencies are authorized to provide | ||||||
21 | criminal history record information as defined in the Illinois | ||||||
22 | Uniform Conviction Information Act and information maintained | ||||||
23 | in the adjudicatory and dispositional record system as defined | ||||||
24 | in Section 2605-355 of the Illinois State Police Law to | ||||||
25 | properly designated employees of the Department of Children | ||||||
26 | and Family Services if the Department determines the |
| |||||||
| |||||||
1 | information is necessary to perform its duties under the | ||||||
2 | Abused and Neglected Child Reporting Act, the Child Care Act | ||||||
3 | of 1969, and the Children and Family Services Act. The request | ||||||
4 | shall be in the form and manner required by the Illinois State | ||||||
5 | Police. Any information obtained by the Department of Children | ||||||
6 | and Family Services under this Section is confidential and may | ||||||
7 | not be transmitted outside the Department of Children and | ||||||
8 | Family Services other than to a court of competent | ||||||
9 | jurisdiction or unless otherwise authorized by law. Any | ||||||
10 | employee of the Department of Children and Family Services who | ||||||
11 | transmits confidential information in violation of this | ||||||
12 | Section or causes the information to be transmitted in | ||||||
13 | violation of this Section is guilty of a Class A misdemeanor | ||||||
14 | unless the transmittal of the information is authorized by | ||||||
15 | this Section or otherwise authorized by law. | ||||||
16 | (f) For purposes of this Section, "child abuse or neglect" | ||||||
17 | includes abuse or neglect of an adult resident as defined in | ||||||
18 | this Act. | ||||||
19 | (Source: P.A. 102-538, eff. 8-20-21; 103-22, eff. 8-8-23; | ||||||
20 | 103-460, eff. 1-1-24; revised 9-15-23.)
| ||||||
21 | Section 460. The Intergovernmental Missing Child Recovery | ||||||
22 | Act of 1984 is amended by changing Section 6 as follows:
| ||||||
23 | (325 ILCS 40/6) (from Ch. 23, par. 2256) | ||||||
24 | Sec. 6. The Illinois State Police shall: |
| |||||||
| |||||||
1 | (a) Utilize the statewide Law Enforcement Agencies | ||||||
2 | Data System (LEADS) for the purpose of effecting an | ||||||
3 | immediate law enforcement response to reports of missing | ||||||
4 | children. The Illinois State Police shall implement an | ||||||
5 | automated data exchange system to compile, to maintain , | ||||||
6 | and to make available for dissemination to Illinois and | ||||||
7 | out-of-State law enforcement agencies , data which can | ||||||
8 | assist appropriate agencies in recovering missing | ||||||
9 | children. | ||||||
10 | (b) Establish contacts and exchange information | ||||||
11 | regarding lost, missing , or runaway children with | ||||||
12 | nationally recognized "missing person and runaway" service | ||||||
13 | organizations and monitor national research and publicize | ||||||
14 | important developments. | ||||||
15 | (c) Provide a uniform reporting format for the entry | ||||||
16 | of pertinent information regarding reports of missing | ||||||
17 | children into LEADS. | ||||||
18 | (d) Develop and implement a policy whereby a statewide | ||||||
19 | or regional alert would be used in situations relating to | ||||||
20 | the disappearances of children, based on criteria and in a | ||||||
21 | format established by the Illinois State Police. Such a | ||||||
22 | format shall include, but not be limited to, the age and | ||||||
23 | physical description of the missing child and the | ||||||
24 | suspected circumstances of the disappearance. | ||||||
25 | (e) Notify all law enforcement agencies that reports | ||||||
26 | of missing persons shall be entered as soon as the minimum |
| |||||||
| |||||||
1 | level of data specified by the Illinois State Police is | ||||||
2 | available to the reporting agency and that no waiting | ||||||
3 | period for entry of such data exists. | ||||||
4 | (f) Provide a procedure for prompt confirmation of the | ||||||
5 | receipt and entry of the missing child report into LEADS | ||||||
6 | to the parent or guardian of the missing child. | ||||||
7 | (g) Compile and retain information regarding missing | ||||||
8 | children in a separate data file, in a manner that allows | ||||||
9 | such information to be used by law enforcement and other | ||||||
10 | agencies deemed appropriate by the Director, for | ||||||
11 | investigative purposes. Such files shall be updated to | ||||||
12 | reflect and include information relating to the | ||||||
13 | disposition of the case. | ||||||
14 | (h) Compile and maintain a an historic data repository | ||||||
15 | relating to missing children in order (1) to develop and | ||||||
16 | improve techniques utilized by law enforcement agencies | ||||||
17 | when responding to reports of missing children and (2) to | ||||||
18 | provide a factual and statistical base for research that | ||||||
19 | would address the problem of missing children. | ||||||
20 | (i) Create a quality control program to assess the | ||||||
21 | timeliness of entries of missing children reports into | ||||||
22 | LEADS and conduct performance audits of all entering | ||||||
23 | agencies. | ||||||
24 | (j) Prepare a periodic information bulletin concerning | ||||||
25 | missing children who it determines may be present in this | ||||||
26 | State, compiling such bulletin from information contained |
| |||||||
| |||||||
1 | in both the National Crime Information Center computer and | ||||||
2 | from reports, alerts , and other information entered into | ||||||
3 | LEADS or otherwise compiled and retained by the Illinois | ||||||
4 | State Police pursuant to this Act. The bulletin shall | ||||||
5 | indicate the name, age, physical description, suspected | ||||||
6 | circumstances of disappearance if that information is | ||||||
7 | available, a photograph if one is available, the name of | ||||||
8 | the law enforcement agency investigating the case, and | ||||||
9 | such other information as the Director considers | ||||||
10 | appropriate concerning each missing child who the Illinois | ||||||
11 | State Police determines may be present in this State. The | ||||||
12 | Illinois State Police shall send a copy of each periodic | ||||||
13 | information bulletin to the State Board of Education for | ||||||
14 | its use in accordance with Section 2-3.48 of the School | ||||||
15 | Code. The Illinois State Police shall provide a copy of | ||||||
16 | the bulletin, upon request, to law enforcement agencies of | ||||||
17 | this or any other state or of the federal government, and | ||||||
18 | may provide a copy of the bulletin, upon request, to other | ||||||
19 | persons or entities, if deemed appropriate by the | ||||||
20 | Director, and may establish limitations on its use and a | ||||||
21 | reasonable fee for so providing the same, except that no | ||||||
22 | fee shall be charged for providing the periodic | ||||||
23 | information bulletin to the State Board of Education, | ||||||
24 | appropriate units of local government, State agencies, or | ||||||
25 | law enforcement agencies of this or any other state or of | ||||||
26 | the federal government. |
| |||||||
| |||||||
1 | (k) Provide for the entry into LEADS of the names and | ||||||
2 | addresses of sex offenders as defined in the Sex Offender | ||||||
3 | Registration Act who are required to register under that | ||||||
4 | Act. The information shall be immediately accessible to | ||||||
5 | law enforcement agencies and peace officers of this State | ||||||
6 | or any other state or of the federal government. Similar | ||||||
7 | information may be requested from any other state or of | ||||||
8 | the federal government for purposes of this Act. | ||||||
9 | (l) Provide for the entry into LEADS of the names and | ||||||
10 | addresses of violent offenders against youth as defined in | ||||||
11 | the Murderer and Violent Offender Against Youth | ||||||
12 | Registration Act who are required to register under that | ||||||
13 | Act. The information shall be immediately accessible to | ||||||
14 | law enforcement agencies and peace officers of this State | ||||||
15 | or any other state or of the federal government. Similar | ||||||
16 | information may be requested from any other state or of | ||||||
17 | the federal government for purposes of this Act. | ||||||
18 | (Source: P.A. 102-538, eff. 8-20-21; 103-34, eff. 1-1-24; | ||||||
19 | revised 1-2-24.)
| ||||||
20 | Section 465. The Smart Start Illinois Act is amended by | ||||||
21 | changing Section 95-10 as follows:
| ||||||
22 | (325 ILCS 85/95-10) | ||||||
23 | Sec. 95-10. Smart Start Child Care Workforce Compensation | ||||||
24 | Program. |
| |||||||
| |||||||
1 | (a) The Department of Human Services shall create and | ||||||
2 | establish the Smart Start Child Care Workforce Compensation | ||||||
3 | Program. The purpose of the Smart Start Child Care Workforce | ||||||
4 | Compensation Program is to invest in early childhood education | ||||||
5 | and care service providers, including, but not limited to, | ||||||
6 | providers participating in the Child Care Assistance Program; | ||||||
7 | to expand the supply of high-quality early childhood education | ||||||
8 | and care; and to create a strong and stable early childhood | ||||||
9 | education and care system with attractive wages, high-quality | ||||||
10 | services, and affordable costs cost . | ||||||
11 | (b) The purpose of the Smart Start Child Care Workforce | ||||||
12 | Compensation Program is to stabilize community-based early | ||||||
13 | childhood education and care service providers, raise the | ||||||
14 | wages of early childhood educators, and support quality | ||||||
15 | enhancements that can position service providers to | ||||||
16 | participate in other public funding streams, such as Preschool | ||||||
17 | for All, in order to further enhance and expand quality | ||||||
18 | service delivery. | ||||||
19 | (c) Subject to appropriation, the Department of Human | ||||||
20 | Services shall implement the Smart Start Child Care Workforce | ||||||
21 | Compensation Program for eligible licensed day care centers, | ||||||
22 | licensed day care homes, and licensed group day care homes by | ||||||
23 | October 1, 2024, or as soon as practicable, following | ||||||
24 | completion of a planning and transition year. By October 1, | ||||||
25 | 2025, or as soon as practicable, and for each year thereafter, | ||||||
26 | subject to appropriation, the Department of Human Services |
| |||||||
| |||||||
1 | shall continue to operate the Smart Start Child Care Workforce | ||||||
2 | Compensation Program annually with all licensed day care | ||||||
3 | centers , and licensed day care homes, and licensed group day | ||||||
4 | care homes that meet eligibility requirements. The Smart Start | ||||||
5 | Child Care Workforce Compensation Program shall operate | ||||||
6 | separately from and shall not supplant the Child Care | ||||||
7 | Assistance Program as provided for in Section 9A-11 of the | ||||||
8 | Illinois Public Aid Code. | ||||||
9 | (d) The Department of Human Services shall adopt | ||||||
10 | administrative rules by October 1, 2024 , to facilitate | ||||||
11 | administration of the Smart Start Child Care Workforce | ||||||
12 | Compensation Program, including, but not limited to, | ||||||
13 | provisions for program eligibility, the application and | ||||||
14 | funding calculation process, eligible expenses, required wage | ||||||
15 | floors, and requirements for financial and personnel reporting | ||||||
16 | and monitoring requirements. Eligibility and funding | ||||||
17 | provisions shall be based on appropriation and a current model | ||||||
18 | of the cost to provide child care services by a licensed child | ||||||
19 | care center or licensed family child care home. | ||||||
20 | (Source: P.A. 103-8, eff. 6-7-23; revised 9-25-23.)
| ||||||
21 | Section 467. The Community Mental Health Act is amended by | ||||||
22 | changing Section 3e as follows:
| ||||||
23 | (405 ILCS 20/3e) (from Ch. 91 1/2, par. 303e) | ||||||
24 | Sec. 3e. Board's powers and duties. |
| |||||||
| |||||||
1 | (1) Every community mental health board shall, within 30 | ||||||
2 | days after members are first appointed and within 30 days | ||||||
3 | after members are appointed or reappointed upon the expiration | ||||||
4 | of a member's term, meet and organize, by the election of one | ||||||
5 | of its number as president and one as secretary and such other | ||||||
6 | officers as it may deem necessary. It shall make rules and | ||||||
7 | regulations concerning the rendition or operation of services | ||||||
8 | and facilities which it directs, supervises or funds, not | ||||||
9 | inconsistent with the provisions of this Act. It shall: | ||||||
10 | (a) Hold a meeting prior to July 1 of each year at | ||||||
11 | which officers shall be elected for the ensuing year | ||||||
12 | beginning July 1; | ||||||
13 | (b) Hold meetings at least quarterly; | ||||||
14 | (c) Hold special meetings upon a written request | ||||||
15 | signed by at least 2 members and filed with the secretary; | ||||||
16 | (d) Review and evaluate community mental health | ||||||
17 | services and facilities, including services and facilities | ||||||
18 | for the treatment of alcoholism, drug addiction, | ||||||
19 | developmental disabilities, and intellectual | ||||||
20 | disabilities; | ||||||
21 | (e) Authorize the disbursement of money from the | ||||||
22 | community mental health fund for payment for the ordinary | ||||||
23 | and contingent expenses of the board; | ||||||
24 | (f) Submit to the appointing officer and the members | ||||||
25 | of the governing body a written plan for a program of | ||||||
26 | community mental health services and facilities for |
| |||||||
| |||||||
1 | persons with a mental illness, a developmental disability, | ||||||
2 | or a substance use disorder. Such plan shall be for the | ||||||
3 | ensuing 12 month period. In addition, a plan shall be | ||||||
4 | developed for the ensuing 3 year period and such plan | ||||||
5 | shall be reviewed at the end of every 12 month period and | ||||||
6 | shall be modified as deemed advisable ; . | ||||||
7 | (g) Within amounts appropriated therefor, execute such | ||||||
8 | programs and maintain such services and facilities as may | ||||||
9 | be authorized under such appropriations, including amounts | ||||||
10 | appropriated under bond issues, if any; | ||||||
11 | (h) Publish the annual budget and report within 120 | ||||||
12 | days after the end of the fiscal year in a newspaper | ||||||
13 | distributed within the jurisdiction of the board, or, if | ||||||
14 | no newspaper is published within the jurisdiction of the | ||||||
15 | board, then one published in the county, or, if no | ||||||
16 | newspaper is published in the county, then in a newspaper | ||||||
17 | having general circulation within the jurisdiction of the | ||||||
18 | board. The report shall show the condition of its trust of | ||||||
19 | that year, the sums of money received from all sources, | ||||||
20 | giving the name of any donor, how all monies have been | ||||||
21 | expended and for what purpose, and such other statistics | ||||||
22 | and program information in regard to the work of the board | ||||||
23 | as it may deem of general interest. A copy of the budget | ||||||
24 | and the annual report shall be made available to the | ||||||
25 | Department of Human Services and to members of the General | ||||||
26 | Assembly whose districts include any part of the |
| |||||||
| |||||||
1 | jurisdiction of such board. The names of all employees, | ||||||
2 | consultants, and other personnel shall be set forth along | ||||||
3 | with the amounts of money received; | ||||||
4 | (i) Consult with other appropriate private and public | ||||||
5 | agencies in the development of local plans for the most | ||||||
6 | efficient delivery of mental health, developmental | ||||||
7 | disabilities, and substance use disorder services. The | ||||||
8 | Board is authorized to join and to participate in the | ||||||
9 | activities of associations organized for the purpose of | ||||||
10 | promoting more efficient and effective services and | ||||||
11 | programs; | ||||||
12 | (j) Have the authority to review and comment on all | ||||||
13 | applications for grants by any person, corporation, or | ||||||
14 | governmental unit providing services within the | ||||||
15 | geographical area of the board which provides mental | ||||||
16 | health facilities and services, including services for the | ||||||
17 | person with a mental illness, a developmental disability, | ||||||
18 | or a substance use disorder. The board may require funding | ||||||
19 | applicants to send a copy of their funding application to | ||||||
20 | the board at the time such application is submitted to the | ||||||
21 | Department of Human Services or to any other local, State | ||||||
22 | or federal funding source or governmental agency. Within | ||||||
23 | 60 days of the receipt of any application, the board shall | ||||||
24 | submit its review and comments to the Department of Human | ||||||
25 | Services or to any other appropriate local, State or | ||||||
26 | federal funding source or governmental agency. A copy of |
| |||||||
| |||||||
1 | the review and comments shall be submitted to the funding | ||||||
2 | applicant. Within 60 days thereafter, the Department of | ||||||
3 | Human Services or any other appropriate local or State | ||||||
4 | governmental agency shall issue a written response to the | ||||||
5 | board and the funding applicant. The Department of Human | ||||||
6 | Services shall supply any community mental health board | ||||||
7 | such information about purchase-of-care funds, State | ||||||
8 | facility utilization, and costs in its geographical area | ||||||
9 | as the board may request provided that the information | ||||||
10 | requested is for the purpose of the Community Mental | ||||||
11 | Health Board complying with the requirements of Section | ||||||
12 | 3f, subsection (f) of this Act; | ||||||
13 | (k) Perform such other acts as may be necessary or | ||||||
14 | proper to carry out the purposes of this Act. | ||||||
15 | (2) The community mental health board has the following | ||||||
16 | powers: | ||||||
17 | (a) The board may enter into multiple-year contracts | ||||||
18 | for rendition or operation of services, facilities and | ||||||
19 | educational programs. | ||||||
20 | (b) The board may arrange through intergovernmental | ||||||
21 | agreements or intragovernmental agreements or both for the | ||||||
22 | rendition of services and operation of facilities by other | ||||||
23 | agencies or departments of the governmental unit or county | ||||||
24 | in which the governmental unit is located with the | ||||||
25 | approval of the governing body. | ||||||
26 | (c) To employ, establish compensation for, and set |
| |||||||
| |||||||
1 | policies for its personnel, including legal counsel, as | ||||||
2 | may be necessary to carry out the purposes of this Act and | ||||||
3 | prescribe the duties thereof. The board may enter into | ||||||
4 | multiple-year employment contracts as may be necessary for | ||||||
5 | the recruitment and retention of personnel and the proper | ||||||
6 | functioning of the board. | ||||||
7 | (d) The board may enter into multiple-year joint | ||||||
8 | agreements, which shall be written, with other mental | ||||||
9 | health boards and boards of health to provide jointly | ||||||
10 | agreed upon community mental health facilities and | ||||||
11 | services and to pool such funds as may be deemed necessary | ||||||
12 | and available for this purpose. | ||||||
13 | (e) The board may organize a not-for-profit | ||||||
14 | corporation for the purpose of providing direct recipient | ||||||
15 | services. Such corporations shall have, in addition to all | ||||||
16 | other lawful powers, the power to contract with persons to | ||||||
17 | furnish services for recipients of the corporation's | ||||||
18 | facilities, including psychiatrists and other physicians | ||||||
19 | licensed in this State to practice medicine in all of its | ||||||
20 | branches. Such physicians shall be considered independent | ||||||
21 | contractors, and liability for any malpractice shall not | ||||||
22 | extend to such corporation, nor to the community mental | ||||||
23 | health board, except for gross negligence in entering into | ||||||
24 | such a contract. | ||||||
25 | (f) The board shall not operate any direct recipient | ||||||
26 | services for more than a 2-year period when such services |
| |||||||
| |||||||
1 | are being provided in the governmental unit, but shall | ||||||
2 | encourage, by financial support, the development of | ||||||
3 | private agencies to deliver such needed services, pursuant | ||||||
4 | to regulations of the board. | ||||||
5 | (g) Where there are multiple boards within the same | ||||||
6 | planning area, as established by the Department of Human | ||||||
7 | Services, services may be purchased through a single | ||||||
8 | delivery system. In such areas, a coordinating body with | ||||||
9 | representation from each board shall be established to | ||||||
10 | carry out the service functions of this Act. In the event | ||||||
11 | any such coordinating body purchases or improves real | ||||||
12 | property, such body shall first obtain the approval of the | ||||||
13 | governing bodies of the governmental units in which the | ||||||
14 | coordinating body is located. | ||||||
15 | (h) The board may enter into multiple-year joint | ||||||
16 | agreements with other governmental units located within | ||||||
17 | the geographical area of the board. Such agreements shall | ||||||
18 | be written and shall provide for the rendition of services | ||||||
19 | by the board to the residents of such governmental units. | ||||||
20 | (i) The board may enter into multiple-year joint | ||||||
21 | agreements with federal, State, and local governments, | ||||||
22 | including the Department of Human Services, whereby the | ||||||
23 | board will provide certain services. All such joint | ||||||
24 | agreements must provide for the exchange of relevant data. | ||||||
25 | However, nothing in this Act shall be construed to permit | ||||||
26 | the abridgement of the confidentiality of patient records. |
| |||||||
| |||||||
1 | (j) The board may receive gifts from private sources | ||||||
2 | for purposes not inconsistent with the provisions of this | ||||||
3 | Act. | ||||||
4 | (k) The board may receive federal Federal , State , and | ||||||
5 | local funds for purposes not inconsistent with the | ||||||
6 | provisions of this Act. | ||||||
7 | (l) The board may establish scholarship programs. Such | ||||||
8 | programs shall require equivalent service or reimbursement | ||||||
9 | pursuant to regulations of the board. | ||||||
10 | (m) The board may sell, rent, or lease real property | ||||||
11 | for purposes consistent with this Act. | ||||||
12 | (n) The board may: (i) own real property, lease real | ||||||
13 | property as lessee, or acquire real property by purchase, | ||||||
14 | construction, lease-purchase agreement, or otherwise; (ii) | ||||||
15 | take title to the property in the board's name; (iii) | ||||||
16 | borrow money and issue debt instruments, mortgages, | ||||||
17 | purchase-money mortgages, and other security instruments | ||||||
18 | with respect to the property; and (iv) maintain, repair, | ||||||
19 | remodel, or improve the property. All of these activities | ||||||
20 | must be for purposes consistent with this Act as may be | ||||||
21 | reasonably necessary for the housing and proper | ||||||
22 | functioning of the board. The board may use moneys in the | ||||||
23 | Community Mental Health Fund for these purposes. | ||||||
24 | (o) The board may organize a not-for-profit | ||||||
25 | corporation (i) for the purpose of raising money to be | ||||||
26 | distributed by the board for providing community mental |
| |||||||
| |||||||
1 | health services and facilities for the treatment of | ||||||
2 | alcoholism, drug addiction, developmental disabilities, | ||||||
3 | and intellectual disabilities or (ii) for other purposes | ||||||
4 | not inconsistent with this Act. | ||||||
5 | (p) The board may fix a fiscal year for the board. | ||||||
6 | (q) The board has the responsibility to set, maintain, | ||||||
7 | and implement the budget. | ||||||
8 | Every board shall be subject to the requirements under the | ||||||
9 | Freedom of Information Act and the Open Meetings Act. | ||||||
10 | (Source: P.A. 103-274, eff. 1-1-24; revised 1-20-24.)
| ||||||
11 | Section 470. The Lead Poisoning Prevention Act is amended | ||||||
12 | by changing Section 8.1 as follows:
| ||||||
13 | (410 ILCS 45/8.1) (from Ch. 111 1/2, par. 1308.1) | ||||||
14 | Sec. 8.1. Licensing of lead inspectors and lead risk | ||||||
15 | assessors. | ||||||
16 | (a) The Department shall establish standards and licensing | ||||||
17 | procedures for lead inspectors and lead risk assessors. An | ||||||
18 | integral element of these procedures shall be an education and | ||||||
19 | training program prescribed by the Department , which shall | ||||||
20 | include , but not be limited to , scientific sampling, | ||||||
21 | chemistry, and construction techniques. No person shall make | ||||||
22 | inspections or risk assessments without first being licensed | ||||||
23 | by the Department. The penalty for inspection or risk | ||||||
24 | assessment without a license shall be a Class A misdemeanor |
| |||||||
| |||||||
1 | and an administrative fine. | ||||||
2 | (b) The Department shall charge licensed lead inspectors | ||||||
3 | and lead risk assessors reasonable license fees and the fees | ||||||
4 | shall be placed in the Lead Poisoning Screening, Prevention, | ||||||
5 | and Abatement Fund and used to fund the Department's licensing | ||||||
6 | of lead inspectors and lead risk assessors and any other | ||||||
7 | activities prescribed by this Act. A licensed lead inspector | ||||||
8 | or lead risk assessor employed by the Department or its | ||||||
9 | delegate agency shall not be charged a license fee. | ||||||
10 | (c) The Department, upon notification by the Illinois | ||||||
11 | Workers' Compensation Commission or the Department of | ||||||
12 | Insurance, shall refuse the issuance or renewal of a license | ||||||
13 | to, or suspend or revoke the license of, any individual, | ||||||
14 | corporation, partnership, or other business entity that has | ||||||
15 | been found by the Illinois Workers' Compensation Commission or | ||||||
16 | the Department of Insurance to have failed: | ||||||
17 | (1) to secure workers' compensation obligations in the | ||||||
18 | manner required by subsections (a) and (b) of Section 4 of | ||||||
19 | the Workers' Compensation Act; | ||||||
20 | (2) to pay in full a fine or penalty imposed by the | ||||||
21 | Illinois Workers' Compensation Commission or the | ||||||
22 | Department of Insurance due to a failure to secure | ||||||
23 | workers' compensation obligations in the manner required | ||||||
24 | by subsections (a) and (b) of Section 4 of the Workers' | ||||||
25 | Compensation Act; or | ||||||
26 | (3) to fulfill all obligations assumed pursuant to any |
| |||||||
| |||||||
1 | settlement reached with the Illinois Workers' Compensation | ||||||
2 | Commission or the Department of Insurance due to a failure | ||||||
3 | to secure workers' compensation obligations in the manner | ||||||
4 | required by subsections (a) and (b) of Section 4 of the | ||||||
5 | Workers' Compensation Act. | ||||||
6 | A complaint filed with the Department by the Illinois | ||||||
7 | Workers' Compensation Commission or the Department of | ||||||
8 | Insurance that includes a certification, signed by its | ||||||
9 | Director or Chairman or designee, attesting to a finding of | ||||||
10 | the failure to secure workers' compensation obligations in the | ||||||
11 | manner required by subsections (a) and (b) of Section 4 of the | ||||||
12 | Workers' Compensation Act or the failure to pay any fines or | ||||||
13 | penalties or to discharge any obligation under a settlement | ||||||
14 | relating to the failure to secure workers' compensation | ||||||
15 | obligations in the manner required by subsections (a) and (b) | ||||||
16 | of Section 4 of the Workers' Compensation Act is prima facie | ||||||
17 | evidence of the licensee's or applicant's failure to comply | ||||||
18 | with subsections (a) and (b) of Section 4 of the Workers' | ||||||
19 | Compensation Act. Upon receipt of that certification, the | ||||||
20 | Department shall, without a hearing, immediately suspend all | ||||||
21 | licenses held by the licensee or the processing of any | ||||||
22 | application from the applicant. Enforcement of the | ||||||
23 | Department's order shall be stayed for 60 days. The Department | ||||||
24 | shall provide notice of the suspension to the licensee by | ||||||
25 | mailing a copy of the Department's order to the licensee's or | ||||||
26 | applicant's address of record or emailing a copy of the order |
| |||||||
| |||||||
1 | to the licensee's or applicant's email address of record. The | ||||||
2 | notice shall advise the licensee or applicant that the | ||||||
3 | suspension shall be effective 60 days after the issuance of | ||||||
4 | the order unless the Department receives, from the licensee or | ||||||
5 | applicant, a request for a hearing before the Department to | ||||||
6 | dispute the matters contained in the order. | ||||||
7 | Upon receiving notice from the Illinois Workers' | ||||||
8 | Compensation Commission or the Department of Insurance that | ||||||
9 | the violation has been corrected or otherwise resolved, the | ||||||
10 | Department shall vacate the order suspending a licensee's | ||||||
11 | license or the processing of an applicant's application. | ||||||
12 | No license shall be suspended or revoked until after the | ||||||
13 | licensee is afforded any due process protection guaranteed by | ||||||
14 | statute or rule adopted by the Illinois Workers' Compensation | ||||||
15 | Commission or the Department of Insurance. | ||||||
16 | (Source: P.A. 103-26, eff. 1-1-24; revised 1-2-24.)
| ||||||
17 | Section 475. The Smoke Free Illinois Act is amended by | ||||||
18 | changing Section 35 as follows:
| ||||||
19 | (410 ILCS 82/35) | ||||||
20 | Sec. 35. Exemptions. Notwithstanding any other provision | ||||||
21 | of this Act, smoking is allowed in the following areas: | ||||||
22 | (1) Private residences or dwelling places, except when | ||||||
23 | used as a child care, adult day care, or healthcare | ||||||
24 | facility or any other home-based business open to the |
| |||||||
| |||||||
1 | public. | ||||||
2 | (2) Retail tobacco stores as defined in Section 10 of | ||||||
3 | this Act in operation prior to January 1, 2008 ( the | ||||||
4 | effective date of Public Act 95-17) this amendatory Act of | ||||||
5 | the 95th General Assembly . The retail tobacco store shall | ||||||
6 | annually file with the Department by January 31st an | ||||||
7 | affidavit stating the percentage of its gross income | ||||||
8 | during the prior calendar year that was derived from the | ||||||
9 | sale of loose tobacco, plants, or herbs and cigars, | ||||||
10 | cigarettes, pipes, or other smoking devices for smoking | ||||||
11 | tobacco and related smoking accessories. Any retail | ||||||
12 | tobacco store that begins operation after January 1, 2008 | ||||||
13 | ( the effective date of Public Act 95-17) this amendatory | ||||||
14 | Act may only qualify for an exemption if located in a | ||||||
15 | freestanding structure occupied solely by the business and | ||||||
16 | smoke from the business does not migrate into an enclosed | ||||||
17 | area where smoking is prohibited. A retail tobacco store | ||||||
18 | that derives at least 80% of its gross revenue from the | ||||||
19 | sale of electronic cigarettes and electronic cigarette | ||||||
20 | equipment and accessories in operation before January 1, | ||||||
21 | 2024 ( the effective date of Public Act 103-272) this | ||||||
22 | amendatory Act of the 103rd General Assembly qualifies for | ||||||
23 | this exemption for electronic cigarettes only. A retail | ||||||
24 | tobacco store claiming an exemption for electronic | ||||||
25 | cigarettes shall annually file with the Department by | ||||||
26 | January 31 an affidavit stating the percentage of its |
| |||||||
| |||||||
1 | gross income during the prior calendar year that was | ||||||
2 | derived from the sale of electronic cigarettes. A retail | ||||||
3 | tobacco store may, with authorization or permission from a | ||||||
4 | unit of local government, including a home rule unit, or | ||||||
5 | any non-home rule county within the unincorporated | ||||||
6 | territory of the county, allow the on-premises consumption | ||||||
7 | of cannabis in a specially designated areas. | ||||||
8 | (3) (Blank). | ||||||
9 | (4) Hotel and motel sleeping rooms that are rented to | ||||||
10 | guests and are designated as smoking rooms, provided that | ||||||
11 | all smoking rooms on the same floor must be contiguous and | ||||||
12 | smoke from these rooms must not infiltrate into nonsmoking | ||||||
13 | rooms or other areas where smoking is prohibited. Not more | ||||||
14 | than 25% of the rooms rented to guests in a hotel or motel | ||||||
15 | may be designated as rooms where smoking is allowed. The | ||||||
16 | status of rooms as smoking or nonsmoking may not be | ||||||
17 | changed, except to permanently add additional nonsmoking | ||||||
18 | rooms. | ||||||
19 | (5) Enclosed laboratories that are excluded from the | ||||||
20 | definition of "place of employment" in Section 10 of this | ||||||
21 | Act. Rulemaking authority to implement Public Act 95-1029 | ||||||
22 | this amendatory Act of the 95th General Assembly , if any, | ||||||
23 | is conditioned on the rules being adopted in accordance | ||||||
24 | with all provisions of the Illinois Administrative | ||||||
25 | Procedure Act and all rules and procedures of the Joint | ||||||
26 | Committee on Administrative Rules; any purported rule not |
| |||||||
| |||||||
1 | so adopted, for whatever reason, is unauthorized. | ||||||
2 | (6) Common smoking rooms in long-term care facilities | ||||||
3 | operated under the authority of the Illinois Department of | ||||||
4 | Veterans' Affairs or licensed under the Nursing Home Care | ||||||
5 | Act that are accessible only to residents who are smokers | ||||||
6 | and have requested in writing to have access to the common | ||||||
7 | smoking room where smoking is permitted and the smoke | ||||||
8 | shall not infiltrate other areas of the long-term care | ||||||
9 | facility. Rulemaking authority to implement Public Act | ||||||
10 | 95-1029 this amendatory Act of the 95th General Assembly , | ||||||
11 | if any, is conditioned on the rules being adopted in | ||||||
12 | accordance with all provisions of the Illinois | ||||||
13 | Administrative Procedure Act and all rules and procedures | ||||||
14 | of the Joint Committee on Administrative Rules; any | ||||||
15 | purported rule not so adopted, for whatever reason, is | ||||||
16 | unauthorized. | ||||||
17 | (7) A convention hall of the Donald E. Stephens | ||||||
18 | Convention Center where a meeting or trade show for | ||||||
19 | manufacturers and suppliers of tobacco and tobacco | ||||||
20 | products and accessories is being held, during the time | ||||||
21 | the meeting or trade show is occurring, if the meeting or | ||||||
22 | trade show: | ||||||
23 | (i) is a trade-only event and not open to the | ||||||
24 | public; | ||||||
25 | (ii) is limited to attendees and exhibitors that | ||||||
26 | are 21 years of age or older; |
| |||||||
| |||||||
1 | (iii) is being produced or organized by a business | ||||||
2 | relating to tobacco or a professional association for | ||||||
3 | convenience stores; and | ||||||
4 | (iv) involves the display of tobacco products. | ||||||
5 | Smoking is not allowed in any public area outside of | ||||||
6 | the hall designated for the meeting or trade show. | ||||||
7 | This paragraph (7) is inoperative on and after October | ||||||
8 | 1, 2015. | ||||||
9 | (8) A dispensing organization, as defined in the | ||||||
10 | Cannabis Regulation and Tax Act, authorized or permitted | ||||||
11 | by a unit local government to allow on-site consumption of | ||||||
12 | cannabis, if the establishment: (1) maintains a specially | ||||||
13 | designated area or areas for the purpose of heating, | ||||||
14 | burning, smoking, or lighting cannabis; (2) is limited to | ||||||
15 | individuals 21 or older; and (3) maintains a locked door | ||||||
16 | or barrier to any specially designated areas for the | ||||||
17 | purpose of heating, burning, smoking or lighting cannabis. | ||||||
18 | (Source: P.A. 103-272, eff. 1-1-24; revised 1-2-24.)
| ||||||
19 | Section 480. The Health Care Professional Credentials Data | ||||||
20 | Collection Act is amended by changing Section 5 as follows:
| ||||||
21 | (410 ILCS 517/5) | ||||||
22 | Sec. 5. Definitions. As used in this Act: | ||||||
23 | "Credentials data" means those data, information, or | ||||||
24 | answers to questions required by a health care entity, health |
| |||||||
| |||||||
1 | care plan, or hospital to complete the credentialing or | ||||||
2 | recredentialing of a health care professional. | ||||||
3 | "Credentialing" means the process of assessing and | ||||||
4 | validating the qualifications of a health care professional. | ||||||
5 | "Department" means the Department of Public Health. | ||||||
6 | "Director" means the Director of the Department of Public | ||||||
7 | Health. | ||||||
8 | "Health care entity" means any of the following which | ||||||
9 | require the submission of credentials data: (i) a health care | ||||||
10 | facility or other health care organization licensed or | ||||||
11 | certified to provide medical or health services in Illinois, | ||||||
12 | other than a hospital; (ii) a health care professional | ||||||
13 | partnership, corporation, limited liability company, | ||||||
14 | professional services corporation or group practice; or (iii) | ||||||
15 | an independent practice association or physician hospital | ||||||
16 | organization. Nothing in this definition shall be construed to | ||||||
17 | mean that a hospital is a health care entity. | ||||||
18 | "Health care plan" means any entity licensed by the | ||||||
19 | Department of Insurance as a prepaid health care plan or | ||||||
20 | health maintenance organization or as an insurer which | ||||||
21 | requires the submission of credentials data. | ||||||
22 | "Health care professional" means any person licensed under | ||||||
23 | the Medical Practice Act of 1987 or any person licensed under | ||||||
24 | any other Act subsequently made subject to this Act by the | ||||||
25 | Department. | ||||||
26 | "Hospital" means a hospital licensed under the Hospital |
| |||||||
| |||||||
1 | Licensing Act or any hospital organized under the University | ||||||
2 | of Illinois Hospital Act. | ||||||
3 | "Recredentialing" means a process undertaken for a period | ||||||
4 | not to exceed 3 years by which a health care entity, health | ||||||
5 | care plan , or hospital ensures that a health care professional | ||||||
6 | who is currently credentialed by the health care entity, | ||||||
7 | health care plan , or hospital continues to meet the | ||||||
8 | credentialing criteria used by the health care entity, health | ||||||
9 | care plan, or hospital 3 . | ||||||
10 | "Single credentialing cycle" means a process undertaken | ||||||
11 | for a period not to exceed 3 years whereby for purposes of | ||||||
12 | recredentialing each health care professional's credentials | ||||||
13 | data are collected by all health care entities and health care | ||||||
14 | plans that credential the health care professional during the | ||||||
15 | same time period 3 . | ||||||
16 | "Site survey" means a process by which a health care | ||||||
17 | entity or health care plan assesses the office locations and | ||||||
18 | medical record keeping practices of a health care | ||||||
19 | professional. | ||||||
20 | "Single site survey" means a process by which, for | ||||||
21 | purposes of recredentialing, each health care professional | ||||||
22 | receives a site visit only once every two years. | ||||||
23 | "Uniform health care credentials form" means the form | ||||||
24 | prescribed by the Department under Section 15 to collect the | ||||||
25 | credentials data commonly requested by health care entities | ||||||
26 | and health care plans for purposes of credentialing. |
| |||||||
| |||||||
1 | "Uniform health care recredentials form" means the form | ||||||
2 | prescribed by the Department under Section 15 to collect the | ||||||
3 | credentials data commonly requested by health care entities | ||||||
4 | and health care plans for purposes of recredentialing. | ||||||
5 | "Uniform hospital credentials form" means the form | ||||||
6 | prescribed by the Department under Section 15 to collect the | ||||||
7 | credentials data commonly requested by hospitals for purposes | ||||||
8 | of credentialing. | ||||||
9 | "Uniform hospital recredentials form" means the form | ||||||
10 | prescribed by the Department under Section 15 to collect the | ||||||
11 | credentials data commonly requested by hospitals for purposes | ||||||
12 | of recredentialing. | ||||||
13 | "Uniform site survey instrument" means the instrument | ||||||
14 | developed by the Department under Section 25 to complete a | ||||||
15 | single site survey as part of a credentialing or | ||||||
16 | recredentialing process. | ||||||
17 | "Uniform updating form" means the standardized form | ||||||
18 | prescribed by the Department for reporting of corrections, | ||||||
19 | updates, and modifications to credentials data to health care | ||||||
20 | entities, health care plans, and hospitals when those data | ||||||
21 | change following credentialing or recredentialing of a health | ||||||
22 | care professional. | ||||||
23 | (Source: P.A. 103-96, eff. 1-1-24; 103-436, eff. 8-4-23; | ||||||
24 | revised 12-15-23.)
| ||||||
25 | Section 485. The Vital Records Act is amended by changing |
| |||||||
| |||||||
1 | Section 25 and by setting forth and renumbering multiple | ||||||
2 | versions of Section 25.6 as follows:
| ||||||
3 | (410 ILCS 535/25) | ||||||
4 | Sec. 25. In accordance with Section 24 of this Act, and the | ||||||
5 | regulations adopted pursuant thereto: | ||||||
6 | (1) The State Registrar of Vital Records shall search | ||||||
7 | the files of birth, death, and fetal death records, upon | ||||||
8 | receipt of a written request and a fee of $10 from any | ||||||
9 | applicant entitled to such search. A search fee shall not | ||||||
10 | be required for commemorative birth certificates issued by | ||||||
11 | the State Registrar. A search fee shall not be required | ||||||
12 | for a birth record search from a person (1) upon release on | ||||||
13 | parole, mandatory supervised release, final discharge, or | ||||||
14 | pardon from the Department of Corrections if the person | ||||||
15 | presents a prescribed verification form completed by the | ||||||
16 | Department of Corrections verifying the person's date of | ||||||
17 | birth and social security number, or (2) placed on | ||||||
18 | aftercare release under the Juvenile Court Act of 1987, | ||||||
19 | upon release on parole, mandatory supervised release, | ||||||
20 | final discharge, or pardon from the Department of Juvenile | ||||||
21 | Justice if the person presents a prescribed verification | ||||||
22 | form completed by the Department of Juvenile Justice | ||||||
23 | verifying the person's date of birth and social security | ||||||
24 | number; however, the person is entitled to only one search | ||||||
25 | fee waiver. If, upon search, the record requested is |
| |||||||
| |||||||
1 | found, the State Registrar shall furnish the applicant one | ||||||
2 | certification of such record, under the seal of such | ||||||
3 | office. If the request is for a certified copy of the | ||||||
4 | record , an additional fee of $5 shall be required. An | ||||||
5 | additional fee for a certified copy of the record shall | ||||||
6 | not be required from a person (1) upon release on parole, | ||||||
7 | mandatory supervised release, final discharge, or pardon | ||||||
8 | from the Department of Corrections if the person presents | ||||||
9 | a prescribed verification form completed by the Department | ||||||
10 | of Corrections verifying the released person's date of | ||||||
11 | birth and social security number, or (2) placed on | ||||||
12 | aftercare release under the Juvenile Court Act of 1987, | ||||||
13 | upon release on parole, mandatory supervised release, | ||||||
14 | final discharge, or pardon from the Department of Juvenile | ||||||
15 | Justice if the person presents a prescribed verification | ||||||
16 | form completed by the Department of Juvenile Justice | ||||||
17 | verifying the person's date of birth and social security | ||||||
18 | number; however, the person is entitled to only one | ||||||
19 | certified copy fee waiver. If the request is for a | ||||||
20 | certified copy of a death certificate or a fetal death | ||||||
21 | certificate, an additional fee of $2 is required. The | ||||||
22 | additional fee shall be deposited into the Death | ||||||
23 | Certificate Surcharge Fund. A further fee of $2 shall be | ||||||
24 | required for each additional certification or certified | ||||||
25 | copy requested. If the requested record is not found, the | ||||||
26 | State Registrar shall furnish the applicant a |
| |||||||
| |||||||
1 | certification attesting to that fact, if so requested by | ||||||
2 | the applicant. A further fee of $2 shall be required for | ||||||
3 | each additional certification that no record has been | ||||||
4 | found. | ||||||
5 | Any local registrar or county clerk shall search the | ||||||
6 | files of birth, death , and fetal death records, upon | ||||||
7 | receipt of a written request from any applicant entitled | ||||||
8 | to such search. If upon search the record requested is | ||||||
9 | found, such local registrar or county clerk shall furnish | ||||||
10 | the applicant one certification or certified copy of such | ||||||
11 | record, under the seal of such office, upon payment of the | ||||||
12 | applicable fees. If the requested record is not found, the | ||||||
13 | local registrar or county clerk shall furnish the | ||||||
14 | applicant a certification attesting to that fact, if so | ||||||
15 | requested by the applicant and upon payment of applicable | ||||||
16 | fee. The local registrar or county clerk must charge a $2 | ||||||
17 | fee for each certified copy of a death certificate. The | ||||||
18 | fee is in addition to any other fees that are charged by | ||||||
19 | the local registrar or county clerk. The additional fees | ||||||
20 | must be transmitted to the State Registrar monthly and | ||||||
21 | deposited into the Death Certificate Surcharge Fund. The | ||||||
22 | local registrar or county clerk may charge fees for | ||||||
23 | providing other services for which the State Registrar may | ||||||
24 | charge fees under this Section. | ||||||
25 | Upon receipt of a written request from an applicant | ||||||
26 | entitled to such a search, a local registrar or county |
| |||||||
| |||||||
1 | clerk shall search available files for the death | ||||||
2 | certificate of an active duty service member or honorably | ||||||
3 | discharged veteran of the United States military. If the | ||||||
4 | death certificate requested by the applicant is found, the | ||||||
5 | local registrar or county clerk shall furnish the | ||||||
6 | applicant with one certified copy of the death | ||||||
7 | certificate, under the seal of the local registrar's or | ||||||
8 | county clerk's office, at no cost to the applicant. If the | ||||||
9 | requested death certificate of the service member or | ||||||
10 | honorably discharged veteran is not found, the local | ||||||
11 | registrar or county clerk shall furnish the applicant, at | ||||||
12 | no cost, with certification attesting to that fact if so | ||||||
13 | requested by the applicant. A local registrar or county | ||||||
14 | clerk shall not require a fee from the applicant of more | ||||||
15 | than $6 for any subsequent copy of the service member's or | ||||||
16 | honorably discharged veteran's death certificate or | ||||||
17 | certification attesting that the death certificate of the | ||||||
18 | service member or honorably discharged veteran was not | ||||||
19 | found. | ||||||
20 | A request to any custodian of vital records for a | ||||||
21 | search of the death record indexes for genealogical | ||||||
22 | research shall require a fee of $10 per name for a 5-year 5 | ||||||
23 | year search. An additional fee of $1 for each additional | ||||||
24 | year searched shall be required. If the requested record | ||||||
25 | is found, one uncertified copy shall be issued without | ||||||
26 | additional charge. |
| |||||||
| |||||||
1 | Any fee received by the State Registrar pursuant to | ||||||
2 | this Section which is of an insufficient amount may be | ||||||
3 | returned by the State Registrar upon his recording the | ||||||
4 | receipt of such fee and the reason for its return. The | ||||||
5 | State Registrar is authorized to maintain a 2-signature 2 | ||||||
6 | signature , revolving checking account with a suitable | ||||||
7 | commercial bank for the purpose of depositing and | ||||||
8 | withdrawing-for-return cash received and determined | ||||||
9 | insufficient for the service requested. | ||||||
10 | No fee imposed under this Section may be assessed | ||||||
11 | against an organization chartered by Congress that | ||||||
12 | requests a certificate for the purpose of death | ||||||
13 | verification. | ||||||
14 | No fee imposed under this Section may be assessed | ||||||
15 | against a victim of domestic violence as defined in the | ||||||
16 | Illinois Domestic Violence Act of 1986. To qualify for the | ||||||
17 | waiver of a fee, the person seeking the vital record must | ||||||
18 | provide a certification letter as described in Section | ||||||
19 | 25.6. | ||||||
20 | Any custodian of vital records, whether it may be the | ||||||
21 | Department of Public Health, a local registrar, or a | ||||||
22 | county clerk shall charge an additional $2 for each | ||||||
23 | certified copy of a death certificate and that additional | ||||||
24 | fee shall be collected on behalf of the Department of | ||||||
25 | Financial and Professional Regulation for deposit into the | ||||||
26 | Cemetery Oversight Licensing and Disciplinary Fund. |
| |||||||
| |||||||
1 | As used in this paragraph, "veteran" means an | ||||||
2 | individual who served in the Armed Forces of the United | ||||||
3 | States, National Guard, or the reserves of the Armed | ||||||
4 | Forces of the United States. | ||||||
5 | (2) The certification of birth may contain only the | ||||||
6 | name, sex, date of birth, and place of birth, of the person | ||||||
7 | to whom it relates, the name, age and birthplace of the | ||||||
8 | parents, and the file number; and none of the other data on | ||||||
9 | the certificate of birth except as authorized under | ||||||
10 | subsection (5) of this Section. | ||||||
11 | (3) The certification of death shall contain only the | ||||||
12 | name, Social Security Number, sex, date of death, and | ||||||
13 | place of death of the person to whom it relates, and file | ||||||
14 | number; and none of the other data on the certificate of | ||||||
15 | death except as authorized under subsection (5) of this | ||||||
16 | Section. | ||||||
17 | (4) Certification or a certified copy of a certificate | ||||||
18 | shall be issued: | ||||||
19 | (a) Upon the order of a court of competent | ||||||
20 | jurisdiction; or | ||||||
21 | (b) In case of a birth certificate, upon the | ||||||
22 | specific written request for a certification or | ||||||
23 | certified copy by the person, if of legal age, by a | ||||||
24 | parent or other legal representative of the person to | ||||||
25 | whom the record of birth relates, or by a person having | ||||||
26 | a genealogical interest; or |
| |||||||
| |||||||
1 | (c) Upon the specific written request for a | ||||||
2 | certification or certified copy by a department of the | ||||||
3 | State state or a municipal corporation or the federal | ||||||
4 | government; or | ||||||
5 | (c-1) Upon the specific written request for a | ||||||
6 | certification or certified copy by a State's Attorney | ||||||
7 | for the purpose of a criminal prosecution; or | ||||||
8 | (d) In case of a death or fetal death certificate, | ||||||
9 | upon specific written request for a certified copy by | ||||||
10 | a person, or his duly authorized agent, having a | ||||||
11 | genealogical, personal , or property right interest in | ||||||
12 | the record. | ||||||
13 | A genealogical interest shall be a proper purpose with | ||||||
14 | respect to births which occurred not less than 75 years | ||||||
15 | and deaths which occurred not less than 20 years prior to | ||||||
16 | the date of written request. Where the purpose of the | ||||||
17 | request is a genealogical interest, the custodian shall | ||||||
18 | stamp the certification or copy with the words, FOR | ||||||
19 | GENEALOGICAL PURPOSES ONLY. | ||||||
20 | (5) Any certification or certified copy issued | ||||||
21 | pursuant to this Section shall show the date of | ||||||
22 | registration; and copies issued from records marked | ||||||
23 | "delayed," "amended," or "court order" shall be similarly | ||||||
24 | marked and show the effective date. | ||||||
25 | (6) Any certification or certified copy of a | ||||||
26 | certificate issued in accordance with this Section shall |
| |||||||
| |||||||
1 | be considered as prima facie evidence of the facts therein | ||||||
2 | stated, provided that the evidentiary value of a | ||||||
3 | certificate or record filed more than one year after the | ||||||
4 | event, or a record which has been amended, shall be | ||||||
5 | determined by the judicial or administrative body or | ||||||
6 | official before whom the certificate is offered as | ||||||
7 | evidence. | ||||||
8 | (7) Any certification or certified copy issued | ||||||
9 | pursuant to this Section shall be issued without charge | ||||||
10 | when the record is required by the United States | ||||||
11 | Department of Veterans Affairs Veterans Administration or | ||||||
12 | by any accredited veterans organization to be used in | ||||||
13 | determining the eligibility of any person to participate | ||||||
14 | in benefits available from such organization. Requests for | ||||||
15 | such copies must be in accordance with Sections 1 and 2 of | ||||||
16 | Records for Veterans Administration Act "An Act to provide | ||||||
17 | for the furnishing of copies of public documents to | ||||||
18 | interested parties," approved May 17, 1935, as now or | ||||||
19 | hereafter amended . | ||||||
20 | (8) The National Vital Statistics Division, or any | ||||||
21 | agency which may be substituted therefor, may be furnished | ||||||
22 | such copies or data as it may require for national | ||||||
23 | statistics; provided that the State shall be reimbursed | ||||||
24 | for the cost of furnishing such data; and provided further | ||||||
25 | that such data shall not be used for other than | ||||||
26 | statistical purposes by the National Vital Statistics |
| |||||||
| |||||||
1 | Division, or any agency which may be substituted therefor, | ||||||
2 | unless so authorized by the State Registrar of Vital | ||||||
3 | Records. | ||||||
4 | (9) Federal, State, local, and other public or private | ||||||
5 | agencies may, upon request, be furnished copies or data | ||||||
6 | for statistical purposes upon such terms or conditions as | ||||||
7 | may be prescribed by the Department. | ||||||
8 | (10) The State Registrar of Vital Records, at his | ||||||
9 | discretion and in the interest of promoting registration | ||||||
10 | of births, may issue, without fee, to the parents or | ||||||
11 | guardian of any or every child whose birth has been | ||||||
12 | registered in accordance with the provisions of this Act, | ||||||
13 | a special notice of registration of birth. | ||||||
14 | (11) No person shall prepare or issue any certificate | ||||||
15 | which purports to be an original, certified copy, or | ||||||
16 | certification of a certificate of birth, death, or fetal | ||||||
17 | death, except as authorized in this Act or regulations | ||||||
18 | adopted hereunder. | ||||||
19 | (12) A computer print-out of any record of birth, | ||||||
20 | death , or fetal record that may be certified under this | ||||||
21 | Section may be used in place of such certification and | ||||||
22 | such computer print-out shall have the same legal force | ||||||
23 | and effect as a certified copy of the document. | ||||||
24 | (13) The State Registrar may verify from the | ||||||
25 | information contained in the index maintained by the State | ||||||
26 | Registrar the authenticity of information on births, |
| |||||||
| |||||||
1 | deaths, marriages , and dissolution of marriages provided | ||||||
2 | to a federal agency or a public agency of another state by | ||||||
3 | a person seeking benefits or employment from the agency, | ||||||
4 | provided the agency pays a fee of $10. | ||||||
5 | (14) The State Registrar may issue commemorative birth | ||||||
6 | certificates to persons eligible to receive birth | ||||||
7 | certificates under this Section upon the payment of a fee | ||||||
8 | to be determined by the State Registrar. | ||||||
9 | (Source: P.A. 102-739, eff. 1-1-23; 103-95, eff. 6-9-23; | ||||||
10 | 103-170, eff. 1-1-24; revised 9-1-23.)
| ||||||
11 | (410 ILCS 535/25.6) | ||||||
12 | Sec. 25.6. Fee waiver; persons who reside in a shelter for | ||||||
13 | domestic violence. | ||||||
14 | (a) The applicable fees under Section 17 of this Act for a | ||||||
15 | new certificate of birth and Section 25 of this Act for a | ||||||
16 | search of a birth record or a certified copy of a birth record | ||||||
17 | shall be waived for all requests by a person who resides in a | ||||||
18 | shelter for domestic violence. The State Registrar of Vital | ||||||
19 | Records shall establish standards and procedures consistent | ||||||
20 | with this Section for waiver of the applicable fees. A person | ||||||
21 | described under this Section must not be charged for | ||||||
22 | verification under this Section. A person who knowingly or | ||||||
23 | purposefully falsifies this verification is subject to a | ||||||
24 | penalty of $100. | ||||||
25 | (b) A person who resides in a shelter for domestic |
| |||||||
| |||||||
1 | violence shall be provided no more than 4 birth records | ||||||
2 | annually under this Section. | ||||||
3 | (Source: P.A. 102-1141, eff. 7-1-23.)
| ||||||
4 | (410 ILCS 535/25.7) | ||||||
5 | Sec. 25.7 25.6 . Certification letter form. In order to | ||||||
6 | seek a waiver of the fee for a copy of a vital record, the | ||||||
7 | person seeking the record must provide the following | ||||||
8 | certification letter:
| ||||||
9 | Certification Letter for Domestic Violence Waiver for Illinois | ||||||
10 | Vital Records | ||||||
11 | Full Name of Applicant:............................... | ||||||
12 | Date of Birth:........................................ | ||||||
13 | I,........................, certify, to the best of my | ||||||
14 | knowledge and belief, that on the date listed below, the above | ||||||
15 | named individual is a victim or child of a victim of domestic | ||||||
16 | violence, as defined by Section 103 of the Illinois Domestic | ||||||
17 | Violence Act of 1986 (750 ILCS 60/103), who is currently | ||||||
18 | fleeing a dangerous living situation. I provide this | ||||||
19 | certification in my capacity as (check one below): | ||||||
20 | ( ) an advocate at a family violence center who | ||||||
21 | assisted the victim; | ||||||
22 | ( ) a licensed medical care or mental health provider; | ||||||
23 | ( ) the director of an emergency shelter or | ||||||
24 | transitional housing; or |
| |||||||
| |||||||
1 | ( ) the director of a transitional living program. | ||||||
2 | Signature:................. Date:........................ | ||||||
3 | Title:..................... Employer:.................... | ||||||
4 | Email:..................... Phone:....................... | ||||||
5 | Address:................... City:........................ | ||||||
6 | State:..................... Zip:......................... | ||||||
7 | (Source: P.A. 103-170, eff. 1-1-24; revised 1-2-24.)
| ||||||
8 | Section 490. The Sanitary Food Preparation Act is amended | ||||||
9 | by changing Section 8 as follows:
| ||||||
10 | (410 ILCS 650/8) (from Ch. 56 1/2, par. 74) | ||||||
11 | Sec. 8. No operative, employee, or other person persons | ||||||
12 | shall expectorate on the food , or on the utensils , or on the | ||||||
13 | floors or sidewalls of any building, room, basement, or cellar | ||||||
14 | where the production, preparation, manufacture, packing, | ||||||
15 | storing, or sale of any such food is conducted. Operatives, | ||||||
16 | employees, clerks, and all other persons who handle the | ||||||
17 | material from which such food is prepared or the finished | ||||||
18 | product, before beginning work, or after visiting toilet or | ||||||
19 | toilets, shall wash their hands thoroughly in clean water. | ||||||
20 | Whoever fails to observe or violates the provisions of this | ||||||
21 | Section shall be guilty of a petty offense and fined not more | ||||||
22 | than $25. | ||||||
23 | (Source: P.A. 103-154, eff. 6-30-23; revised 9-25-23.)
|
| |||||||
| |||||||
1 | Section 495. The Cannabis Regulation and Tax Act is | ||||||
2 | amended by changing Sections 15-150 and 15-170 as follows:
| ||||||
3 | (410 ILCS 705/15-150) | ||||||
4 | Sec. 15-150. Temporary suspension. | ||||||
5 | (a) The Secretary of Financial and Professional Regulation | ||||||
6 | may temporarily suspend a dispensing organization license or | ||||||
7 | an agent registration without a hearing if the Secretary finds | ||||||
8 | that public safety or welfare requires emergency action. The | ||||||
9 | Secretary shall cause the temporary suspension by issuing a | ||||||
10 | suspension notice in connection with the institution of | ||||||
11 | proceedings for a hearing. | ||||||
12 | (b) If the Secretary temporarily suspends a license or | ||||||
13 | agent registration without a hearing, the licensee or agent is | ||||||
14 | entitled to a hearing within 45 days after the suspension | ||||||
15 | notice has been issued. The hearing shall be limited to the | ||||||
16 | issues cited in the suspension notice, unless all parties | ||||||
17 | agree otherwise. | ||||||
18 | (c) If the Department does not hold a hearing within with | ||||||
19 | 45 days after the date the suspension notice was issued, then | ||||||
20 | the suspended license or registration shall be automatically | ||||||
21 | reinstated and the suspension vacated. | ||||||
22 | (d) The suspended licensee or agent may seek a continuance | ||||||
23 | of the hearing date, during which time the suspension remains | ||||||
24 | in effect and the license or registration shall not be | ||||||
25 | automatically reinstated. |
| |||||||
| |||||||
1 | (e) Subsequently discovered causes of action by the | ||||||
2 | Department after the issuance of the suspension notice may be | ||||||
3 | filed as a separate notice of violation. The Department is not | ||||||
4 | precluded from filing a separate action against the suspended | ||||||
5 | licensee or agent. | ||||||
6 | (Source: P.A. 101-27, eff. 6-25-19; revised 4-6-23.)
| ||||||
7 | (410 ILCS 705/15-170) | ||||||
8 | Sec. 15-170. Hearing; motion for rehearing. | ||||||
9 | (a) The hearing officer shall hear evidence in support of | ||||||
10 | the formal charges and evidence produced by the licensee. At | ||||||
11 | the conclusion of the hearing, the hearing officer shall | ||||||
12 | present to the Secretary a written report of his or her | ||||||
13 | findings of fact, conclusions of law, and recommendations. | ||||||
14 | (b) At the conclusion of the hearing, a copy of the hearing | ||||||
15 | officer's report shall be served upon the applicant or | ||||||
16 | licensee by the Department, either personally or as provided | ||||||
17 | in this Act for the service of a notice of hearing. Within 20 | ||||||
18 | calendar days after service, the applicant or licensee may | ||||||
19 | present to the Department a motion in writing for rehearing, | ||||||
20 | which shall specify the particular grounds for rehearing. The | ||||||
21 | Department may respond to the motion for rehearing within 20 | ||||||
22 | calendar days after its service on the Department. If no | ||||||
23 | motion for rehearing is filed, then, upon the expiration of | ||||||
24 | the time specified for filing such motion or upon denial of a | ||||||
25 | motion for rehearing, the Secretary may enter an order in |
| |||||||
| |||||||
1 | accordance with the recommendation of the hearing officer. If | ||||||
2 | the applicant or licensee orders from the reporting service | ||||||
3 | and pays for a transcript of the record within the time for | ||||||
4 | filing a motion for rehearing, the 20-day period within which | ||||||
5 | a motion may be filed shall commence upon the delivery of the | ||||||
6 | transcript to the applicant or licensee. | ||||||
7 | (c) If the Secretary disagrees in any regard with the | ||||||
8 | report of the hearing officer, the Secretary may issue an | ||||||
9 | order contrary to the report. | ||||||
10 | (d) Whenever the Secretary is not satisfied that | ||||||
11 | substantial justice has been done, the Secretary may order a | ||||||
12 | rehearing by the same or another hearing officer. | ||||||
13 | (e) At any point in any investigation or disciplinary | ||||||
14 | proceeding under in this Article, both parties may agree to a | ||||||
15 | negotiated consent order. The consent order shall be final | ||||||
16 | upon signature of the Secretary. | ||||||
17 | (Source: P.A. 101-27, eff. 6-25-19; revised 4-6-23.)
| ||||||
18 | Section 500. The Environmental Protection Act is amended | ||||||
19 | by changing Sections 17.12, 22.15, 31, 58.5, 58.6, and 58.7 as | ||||||
20 | follows:
| ||||||
21 | (415 ILCS 5/17.12) | ||||||
22 | Sec. 17.12. Lead service line replacement and | ||||||
23 | notification. | ||||||
24 | (a) The purpose of this Act is to: (1) require the owners |
| |||||||
| |||||||
1 | and operators of community water supplies to develop, | ||||||
2 | implement, and maintain a comprehensive water service line | ||||||
3 | material inventory and a comprehensive lead service line | ||||||
4 | replacement plan, provide notice to occupants of potentially | ||||||
5 | affected buildings before any construction or repair work on | ||||||
6 | water mains or lead service lines, and request access to | ||||||
7 | potentially affected buildings before replacing lead service | ||||||
8 | lines; and (2) prohibit partial lead service line | ||||||
9 | replacements, except as authorized within this Section. | ||||||
10 | (b) The General Assembly finds and declares that: | ||||||
11 | (1) There is no safe level of exposure to heavy metal | ||||||
12 | lead, as found by the United States Environmental | ||||||
13 | Protection Agency and the Centers for Disease Control and | ||||||
14 | Prevention. | ||||||
15 | (2) Lead service lines can convey this harmful | ||||||
16 | substance to the drinking water supply. | ||||||
17 | (3) According to the Illinois Environmental Protection | ||||||
18 | Agency's 2018 Service Line Material Inventory, the State | ||||||
19 | of Illinois is estimated to have over 680,000 lead-based | ||||||
20 | service lines still in operation. | ||||||
21 | (4) The true number of lead service lines is not fully | ||||||
22 | known because Illinois lacks an adequate inventory of lead | ||||||
23 | service lines. | ||||||
24 | (5) For the general health, safety , and welfare of its | ||||||
25 | residents, all lead service lines in Illinois should be | ||||||
26 | disconnected from the drinking water supply, and the |
| |||||||
| |||||||
1 | State's drinking water supply. | ||||||
2 | (c) In this Section: | ||||||
3 | "Advisory Board" means the Lead Service Line Replacement | ||||||
4 | Advisory Board created under subsection (x). | ||||||
5 | "Community water supply" has the meaning ascribed to it in | ||||||
6 | Section 3.145 of this Act. | ||||||
7 | "Department" means the Department of Public Health. | ||||||
8 | "Emergency repair" means any unscheduled water main, water | ||||||
9 | service, or water valve repair or replacement that results | ||||||
10 | from failure or accident. | ||||||
11 | "Fund" means the Lead Service Line Replacement Fund | ||||||
12 | created under subsection (bb). | ||||||
13 | "Lead service line" means a service line made of lead or | ||||||
14 | service line connected to a lead pigtail, lead gooseneck, or | ||||||
15 | other lead fitting. | ||||||
16 | "Material inventory" means a water service line material | ||||||
17 | inventory developed by a community water supply under this | ||||||
18 | Act. | ||||||
19 | "Non-community water supply" has the meaning ascribed to | ||||||
20 | it in Section 3.145 of the Environmental Protection Act. | ||||||
21 | "NSF/ANSI Standard" means a water treatment standard | ||||||
22 | developed by NSF International. | ||||||
23 | "Partial lead service line replacement" means replacement | ||||||
24 | of only a portion of a lead service line. | ||||||
25 | "Potentially affected building" means any building that is | ||||||
26 | provided water service through a service line that is either a |
| |||||||
| |||||||
1 | lead service line or a suspected lead service line. | ||||||
2 | "Public water supply" has the meaning ascribed to it in | ||||||
3 | Section 3.365 of this Act. | ||||||
4 | "Service line" means the piping, tubing, and necessary | ||||||
5 | appurtenances acting as a conduit from the water main or | ||||||
6 | source of potable water supply to the building plumbing at the | ||||||
7 | first shut-off valve or 18 inches inside the building, | ||||||
8 | whichever is shorter. | ||||||
9 | "Suspected lead service line" means a service line that a | ||||||
10 | community water supply finds more likely than not to be made of | ||||||
11 | lead after completing the requirements under paragraphs (2) | ||||||
12 | through (5) of subsection (h). | ||||||
13 | "Small system" means a community water supply that | ||||||
14 | regularly serves water to 3,300 or fewer persons. | ||||||
15 | (d) An owner or operator of a community water supply | ||||||
16 | shall: | ||||||
17 | (1) develop an initial material inventory by April 15, | ||||||
18 | 2022 and electronically submit by April 15, 2023 an | ||||||
19 | updated material inventory electronically to the Agency; | ||||||
20 | and | ||||||
21 | (2) deliver a complete material inventory to the | ||||||
22 | Agency no later than April 15, 2024, or such time as | ||||||
23 | required by federal law, whichever is sooner. The complete | ||||||
24 | inventory shall report the composition of all service | ||||||
25 | lines in the community water supply's distribution system. | ||||||
26 | (e) The Agency shall review and approve the final material |
| |||||||
| |||||||
1 | inventory submitted to it under subsection (d). | ||||||
2 | (f) If a community water supply does not submit a complete | ||||||
3 | inventory to the Agency by April 15, 2024 under paragraph (2) | ||||||
4 | of subsection (d), the community water supply may apply for an | ||||||
5 | extension to the Agency no less than 3 months prior to the due | ||||||
6 | date. The Agency shall develop criteria for granting material | ||||||
7 | inventory extensions. When considering requests for extension, | ||||||
8 | the Agency shall, at a minimum, consider: | ||||||
9 | (1) the number of service connections in a water | ||||||
10 | supply; and | ||||||
11 | (2) the number of service lines of an unknown material | ||||||
12 | composition. | ||||||
13 | (g) A material inventory prepared for a community water | ||||||
14 | supply under subsection (d) shall identify: | ||||||
15 | (1) the total number of service lines connected to the | ||||||
16 | community water supply's distribution system; | ||||||
17 | (2) the materials of construction of each service line | ||||||
18 | connected to the community water supply's distribution | ||||||
19 | system; | ||||||
20 | (3) the number of suspected lead service lines that | ||||||
21 | were newly identified in the material inventory for the | ||||||
22 | community water supply after the community water supply | ||||||
23 | last submitted a service line inventory to the Agency; and | ||||||
24 | (4) the number of suspected or known lead service | ||||||
25 | lines that were replaced after the community water supply | ||||||
26 | last submitted a service line inventory to the Agency, and |
| |||||||
| |||||||
1 | the material of the service line that replaced each lead | ||||||
2 | service line. | ||||||
3 | When identifying the materials of construction under | ||||||
4 | paragraph (2) of this subsection, the owner or operator of the | ||||||
5 | community water supply shall to the best of the owner's or | ||||||
6 | operator's ability identify the type of construction material | ||||||
7 | used on the customer's side of the curb box, meter, or other | ||||||
8 | line of demarcation and the community water supply's side of | ||||||
9 | the curb box, meter, or other line of demarcation. | ||||||
10 | (h) In completing a material inventory under subsection | ||||||
11 | (d), the owner or operator of a community water supply shall: | ||||||
12 | (1) prioritize inspections of high-risk areas | ||||||
13 | identified by the community water supply and inspections | ||||||
14 | of high-risk facilities, such as preschools, day care | ||||||
15 | centers, day care homes, group day care homes, parks, | ||||||
16 | playgrounds, hospitals, and clinics, and confirm service | ||||||
17 | line materials in those areas and at those facilities; | ||||||
18 | (2) review historical documentation, such as | ||||||
19 | construction logs or cards, as-built drawings, purchase | ||||||
20 | orders, and subdivision plans, to determine service line | ||||||
21 | material construction; | ||||||
22 | (3) when conducting distribution system maintenance, | ||||||
23 | visually inspect service lines and document materials of | ||||||
24 | construction; | ||||||
25 | (4) identify any time period when the service lines | ||||||
26 | being connected to its distribution system were primarily |
| |||||||
| |||||||
1 | lead service lines, if such a time period is known or | ||||||
2 | suspected; and | ||||||
3 | (5) discuss service line repair and installation with | ||||||
4 | its employees, contractors, plumbers, other workers who | ||||||
5 | worked on service lines connected to its distribution | ||||||
6 | system, or all of the above. | ||||||
7 | (i) The owner or operator of each community water supply | ||||||
8 | shall maintain records of persons who refuse to grant access | ||||||
9 | to the interior of a building for purposes of identifying the | ||||||
10 | materials of construction of a service line. If a community | ||||||
11 | water supply has been denied access on the property or to the | ||||||
12 | interior of a building for that reason, then the community | ||||||
13 | water supply shall attempt to identify the service line as a | ||||||
14 | suspected lead service line, unless documentation is provided | ||||||
15 | showing otherwise. | ||||||
16 | (j) If a community water supply identifies a lead service | ||||||
17 | line connected to a building, the owner or operator of the | ||||||
18 | community water supply shall attempt to notify the owner of | ||||||
19 | the building and all occupants of the building of the | ||||||
20 | existence of the lead service line within 15 days after | ||||||
21 | identifying the lead service line, or as soon as is reasonably | ||||||
22 | possible thereafter. Individual written notice shall be given | ||||||
23 | according to the provisions of subsection (jj). | ||||||
24 | (k) An owner or operator of a community water supply has no | ||||||
25 | duty to include in the material inventory required under | ||||||
26 | subsection (d) information about service lines that are |
| |||||||
| |||||||
1 | physically disconnected from a water main in its distribution | ||||||
2 | system. | ||||||
3 | (l) The owner or operator of each community water supply | ||||||
4 | shall post on its website a copy of the most recently submitted | ||||||
5 | material inventory or alternatively may request that the | ||||||
6 | Agency post a copy of that material inventory on the Agency's | ||||||
7 | website. | ||||||
8 | (m) Nothing in this Section shall be construed to require | ||||||
9 | service lines to be unearthed for the sole purpose of | ||||||
10 | inventorying. | ||||||
11 | (n) When an owner or operator of a community water supply | ||||||
12 | awards a contract under this Section, the owner or operator | ||||||
13 | shall make a good faith effort to use contractors and vendors | ||||||
14 | owned by minority persons, women, and persons with a | ||||||
15 | disability, as those terms are defined in Section 2 of the | ||||||
16 | Business Enterprise for Minorities, Women, and Persons with | ||||||
17 | Disabilities Act, for not less than 20% of the total | ||||||
18 | contracts, provided that: | ||||||
19 | (1) contracts representing at least 11% of the total | ||||||
20 | projects shall be awarded to minority-owned businesses, as | ||||||
21 | defined in Section 2 of the Business Enterprise for | ||||||
22 | Minorities, Women, and Persons with Disabilities Act; | ||||||
23 | (2) contracts representing at least 7% of the total | ||||||
24 | projects shall be awarded to women-owned businesses, as | ||||||
25 | defined in Section 2 of the Business Enterprise for | ||||||
26 | Minorities, Women, and Persons with Disabilities Act; and |
| |||||||
| |||||||
1 | (3) contracts representing at least 2% of the total | ||||||
2 | projects shall be awarded to businesses owned by persons | ||||||
3 | with a disability. | ||||||
4 | Owners or operators of a community water supply are | ||||||
5 | encouraged to divide projects, whenever economically feasible, | ||||||
6 | into contracts of smaller size that ensure small business | ||||||
7 | contractors or vendors shall have the ability to qualify in | ||||||
8 | the applicable bidding process, when determining the ability | ||||||
9 | to deliver on a given contract based on scope and size, as a | ||||||
10 | responsible and responsive bidder. | ||||||
11 | When a contractor or vendor submits a bid or letter of | ||||||
12 | intent in response to a request for proposal or other bid | ||||||
13 | submission, the contractor or vendor shall include with its | ||||||
14 | responsive documents a utilization plan that shall address how | ||||||
15 | compliance with applicable good faith requirements set forth | ||||||
16 | in this subsection shall be addressed. | ||||||
17 | Under this subsection, "good faith effort" means a | ||||||
18 | community water supply has taken all necessary steps to comply | ||||||
19 | with the goals of this subsection by complying with the | ||||||
20 | following: | ||||||
21 | (1) Soliciting through reasonable and available means | ||||||
22 | the interest of a business, as defined in Section 2 of the | ||||||
23 | Business Enterprise for Minorities, Women, and Persons | ||||||
24 | with Disabilities Act, that have the capability to perform | ||||||
25 | the work of the contract. The community water supply must | ||||||
26 | solicit this interest within sufficient time to allow |
| |||||||
| |||||||
1 | certified businesses to respond. | ||||||
2 | (2) Providing interested certified businesses with | ||||||
3 | adequate information about the plans, specifications, and | ||||||
4 | requirements of the contract, including addenda, in a | ||||||
5 | timely manner to assist them in responding to the | ||||||
6 | solicitation. | ||||||
7 | (3) Meeting in good faith with interested certified | ||||||
8 | businesses that have submitted bids. | ||||||
9 | (4) Effectively using the services of the State, | ||||||
10 | minority or women community organizations, minority or | ||||||
11 | women contractor groups, local, State, and federal | ||||||
12 | minority or women business assistance offices, and other | ||||||
13 | organizations to provide assistance in the recruitment and | ||||||
14 | placement of certified businesses. | ||||||
15 | (5) Making efforts to use appropriate forums for | ||||||
16 | purposes of advertising subcontracting opportunities | ||||||
17 | suitable for certified businesses. | ||||||
18 | The diversity goals defined in this subsection can be met | ||||||
19 | through direct award to diverse contractors and through the | ||||||
20 | use of diverse subcontractors and diverse vendors to | ||||||
21 | contracts. | ||||||
22 | (o) An owner or operator of a community water supply shall | ||||||
23 | collect data necessary to ensure compliance with subsection | ||||||
24 | (n) no less than semi-annually and shall include progress | ||||||
25 | toward compliance of subsection (n) in the owner or operator's | ||||||
26 | report required under subsection (t-5). The report must |
| |||||||
| |||||||
1 | include data on vendor and employee diversity, including data | ||||||
2 | on the owner's or operator's implementation of subsection (n). | ||||||
3 | (p) Every owner or operator of a community water supply | ||||||
4 | that has known or suspected lead service lines shall: | ||||||
5 | (1) create a plan to: | ||||||
6 | (A) replace each lead service line connected to | ||||||
7 | its distribution system; and | ||||||
8 | (B) replace each galvanized service line connected | ||||||
9 | to its distribution system, if the galvanized service | ||||||
10 | line is or was connected downstream to lead piping; | ||||||
11 | and | ||||||
12 | (2) electronically submit, by April 15, 2024 its | ||||||
13 | initial lead service line replacement plan to the Agency; | ||||||
14 | (3) electronically submit by April 15 of each year | ||||||
15 | after 2024 until April 15, 2027 an updated lead service | ||||||
16 | line replacement plan to the Agency for review; the | ||||||
17 | updated replacement plan shall account for changes in the | ||||||
18 | number of lead service lines or unknown service lines in | ||||||
19 | the material inventory described in subsection (d); | ||||||
20 | (4) electronically submit by April 15, 2027 a complete | ||||||
21 | and final replacement plan to the Agency for approval; the | ||||||
22 | complete and final replacement plan shall account for all | ||||||
23 | known and suspected lead service lines documented in the | ||||||
24 | final material inventory described under paragraph (3) of | ||||||
25 | subsection (d); and | ||||||
26 | (5) post on its website a copy of the plan most |
| |||||||
| |||||||
1 | recently submitted to the Agency or may request that the | ||||||
2 | Agency post a copy of that plan on the Agency's website. | ||||||
3 | (q) Each plan required under paragraph (1) of subsection | ||||||
4 | (p) shall include the following: | ||||||
5 | (1) the name and identification number of the | ||||||
6 | community water supply; | ||||||
7 | (2) the total number of service lines connected to the | ||||||
8 | distribution system of the community water supply; | ||||||
9 | (3) the total number of suspected lead service lines | ||||||
10 | connected to the distribution system of the community | ||||||
11 | water supply; | ||||||
12 | (4) the total number of known lead service lines | ||||||
13 | connected to the distribution system of the community | ||||||
14 | water supply; | ||||||
15 | (5) the total number of lead service lines connected | ||||||
16 | to the distribution system of the community water supply | ||||||
17 | that have been replaced each year beginning in 2020; | ||||||
18 | (6) a proposed lead service line replacement schedule | ||||||
19 | that includes one-year, 5-year, 10-year, 15-year, 20-year, | ||||||
20 | 25-year, and 30-year goals; | ||||||
21 | (7) an analysis of costs and financing options for | ||||||
22 | replacing the lead service lines connected to the | ||||||
23 | community water supply's distribution system, which shall | ||||||
24 | include, but shall not be limited to: | ||||||
25 | (A) a detailed accounting of costs associated with | ||||||
26 | replacing lead service lines and galvanized lines that |
| |||||||
| |||||||
1 | are or were connected downstream to lead piping; | ||||||
2 | (B) measures to address affordability and prevent | ||||||
3 | service shut-offs for customers or ratepayers; and | ||||||
4 | (C) consideration of different scenarios for | ||||||
5 | structuring payments between the utility and its | ||||||
6 | customers over time; and | ||||||
7 | (8) a plan for prioritizing high-risk facilities, such | ||||||
8 | as preschools, day care centers, day care homes, group day | ||||||
9 | care homes, parks, playgrounds, hospitals, and clinics, as | ||||||
10 | well as high-risk areas identified by the community water | ||||||
11 | supply; | ||||||
12 | (9) a map of the areas where lead service lines are | ||||||
13 | expected to be found and the sequence with which those | ||||||
14 | areas will be inventoried and lead service lines replaced; | ||||||
15 | (10) measures for how the community water supply will | ||||||
16 | inform the public of the plan and provide opportunity for | ||||||
17 | public comment; and | ||||||
18 | (11) measures to encourage diversity in hiring in the | ||||||
19 | workforce required to implement the plan as identified | ||||||
20 | under subsection (n). | ||||||
21 | (r) The Agency shall review final plans submitted to it | ||||||
22 | under subsection (p). The Agency shall approve a final plan if | ||||||
23 | the final plan includes all of the elements set forth under | ||||||
24 | subsection (q) and the Agency determines that: | ||||||
25 | (1) the proposed lead service line replacement | ||||||
26 | schedule set forth in the plan aligns with the timeline |
| |||||||
| |||||||
1 | requirements set forth under subsection (v); | ||||||
2 | (2) the plan prioritizes the replacement of lead | ||||||
3 | service lines that provide water service to high-risk | ||||||
4 | facilities, such as preschools, day care centers, day care | ||||||
5 | homes, group day care homes, parks, playgrounds, | ||||||
6 | hospitals, and clinics, and high-risk areas identified by | ||||||
7 | the community water supply; | ||||||
8 | (3) the plan includes analysis of cost and financing | ||||||
9 | options; and | ||||||
10 | (4) the plan provides documentation of public review. | ||||||
11 | (s) An owner or operator of a community water supply has no | ||||||
12 | duty to include in the plans required under subsection (p) | ||||||
13 | information about service lines that are physically | ||||||
14 | disconnected from a water main in its distribution system. | ||||||
15 | (t) If a community water supply does not deliver a | ||||||
16 | complete plan to the Agency by April 15, 2027, the community | ||||||
17 | water supply may apply to the Agency for an extension no less | ||||||
18 | than 3 months prior to the due date. The Agency shall develop | ||||||
19 | criteria for granting plan extensions. When considering | ||||||
20 | requests for extension, the Agency shall, at a minimum, | ||||||
21 | consider: | ||||||
22 | (1) the number of service connections in a water | ||||||
23 | supply; and | ||||||
24 | (2) the number of service lines of an unknown material | ||||||
25 | composition. | ||||||
26 | (t-5) After the Agency has approved the final replacement |
| |||||||
| |||||||
1 | plan described in subsection (p), the owner or operator of a | ||||||
2 | community water supply shall submit a report detailing | ||||||
3 | progress toward plan goals to the Agency for its review. The | ||||||
4 | report shall be submitted annually for the first 10 years, and | ||||||
5 | every 3 years thereafter until all lead service lines have | ||||||
6 | been replaced. Reports under this subsection shall be | ||||||
7 | published in the same manner described in subsection (l). The | ||||||
8 | report shall include at least the following information as it | ||||||
9 | pertains to the preceding reporting period: | ||||||
10 | (1) The number of lead service lines replaced and the | ||||||
11 | average cost of lead service line replacement. | ||||||
12 | (2) Progress toward meeting hiring requirements as | ||||||
13 | described in subsection (n) and subsection (o). | ||||||
14 | (3) The percent of customers electing a waiver | ||||||
15 | offered, as described in subsections (ii) and (jj), among | ||||||
16 | those customers receiving a request or notification to | ||||||
17 | perform a lead service line replacement. | ||||||
18 | (4) The method or methods used by the community water | ||||||
19 | supply to finance lead service line replacement. | ||||||
20 | (u) Notwithstanding any other provision of law, in order | ||||||
21 | to provide for costs associated with lead service line | ||||||
22 | remediation and replacement, the corporate authorities of a | ||||||
23 | municipality may, by ordinance or resolution by the corporate | ||||||
24 | authorities, exercise authority provided in Section 27-5 et | ||||||
25 | seq. of the Property Tax Code and Sections 8-3-1, 8-11-1, | ||||||
26 | 8-11-5, 8-11-6, 9-1-1 et seq., 9-3-1 et seq., 9-4-1 et seq., |
| |||||||
| |||||||
1 | 11-131-1, and 11-150-1 of the Illinois Municipal Code. Taxes | ||||||
2 | levied for this purpose shall be in addition to taxes for | ||||||
3 | general purposes authorized under Section 8-3-1 of the | ||||||
4 | Illinois Municipal Code and shall be included in the taxing | ||||||
5 | district's aggregate extension for the purposes of Division 5 | ||||||
6 | of Article 18 of the Property Tax Code. | ||||||
7 | (v) Every owner or operator of a community water supply | ||||||
8 | shall replace all known lead service lines, subject to the | ||||||
9 | requirements of subsection (ff), according to the following | ||||||
10 | replacement rates and timelines to be calculated from the date | ||||||
11 | of submission of the final replacement plan to the Agency: | ||||||
12 | (1) A community water supply reporting 1,200 or fewer | ||||||
13 | lead service lines in its final inventory and replacement | ||||||
14 | plan shall replace all lead service lines, at an annual | ||||||
15 | rate of no less than 7% of the amount described in the | ||||||
16 | final inventory, with a timeline of up to 15 years for | ||||||
17 | completion. | ||||||
18 | (2) A community water supply reporting more than 1,200 | ||||||
19 | but fewer than 5,000 lead service lines in its final | ||||||
20 | inventory and replacement plan shall replace all lead | ||||||
21 | service lines, at an annual rate of no less than 6% of the | ||||||
22 | amount described in the final inventory, with a timeline | ||||||
23 | of up to 17 years for completion. | ||||||
24 | (3) A community water supply reporting more than 4,999 | ||||||
25 | but fewer than 10,000 lead service lines in its final | ||||||
26 | inventory and replacement plan shall replace all lead |
| |||||||
| |||||||
1 | service lines, at an annual rate of no less than 5% of the | ||||||
2 | amount described in the final inventory, with a timeline | ||||||
3 | of up to 20 years for completion. | ||||||
4 | (4) A community water supply reporting more than 9,999 | ||||||
5 | but fewer than 99,999 lead service lines in its final | ||||||
6 | inventory and replacement plan shall replace all lead | ||||||
7 | service lines, at an annual rate of no less than 3% of the | ||||||
8 | amount described in the final inventory, with a timeline | ||||||
9 | of up to 34 years for completion. | ||||||
10 | (5) A community water supply reporting more than | ||||||
11 | 99,999 lead service lines in its final inventory and | ||||||
12 | replacement plan shall replace all lead service lines, at | ||||||
13 | an annual rate of no less than 2% of the amount described | ||||||
14 | in the final inventory, with a timeline of up to 50 years | ||||||
15 | for completion. | ||||||
16 | (w) A community water supply may apply to the Agency for an | ||||||
17 | extension to the replacement timelines described in paragraphs | ||||||
18 | (1) through (5) of subsection (v). The Agency shall develop | ||||||
19 | criteria for granting replacement timeline extensions. When | ||||||
20 | considering requests for timeline extensions, the Agency | ||||||
21 | shall, at a minimum, consider: | ||||||
22 | (1) the number of service connections in a water | ||||||
23 | supply; and | ||||||
24 | (2) unusual circumstances creating hardship for a | ||||||
25 | community. | ||||||
26 | The Agency may grant one extension of additional time |
| |||||||
| |||||||
1 | equal to not more than 20% of the original replacement | ||||||
2 | timeline, except in situations of extreme hardship in which | ||||||
3 | the Agency may consider a second additional extension equal to | ||||||
4 | not more than 10% of the original replacement timeline. | ||||||
5 | Replacement rates and timelines shall be calculated from | ||||||
6 | the date of submission of the final plan to the Agency. | ||||||
7 | (x) The Lead Service Line Replacement Advisory Board is | ||||||
8 | created within the Agency. The Advisory Board shall convene | ||||||
9 | within 120 days after January 1, 2022 (the effective date of | ||||||
10 | Public Act 102-613). | ||||||
11 | The Advisory Board shall consist of at least 28 voting | ||||||
12 | members, as follows: | ||||||
13 | (1) the Director of the Agency, or his or her | ||||||
14 | designee, who shall serve as chairperson; | ||||||
15 | (2) the Director of Revenue, or his or her designee; | ||||||
16 | (3) the Director of Public Health, or his or her | ||||||
17 | designee; | ||||||
18 | (4) fifteen members appointed by the Agency as | ||||||
19 | follows: | ||||||
20 | (A) one member representing a statewide | ||||||
21 | organization of municipalities as authorized by | ||||||
22 | Section 1-8-1 of the Illinois Municipal Code; | ||||||
23 | (B) two members who are mayors representing | ||||||
24 | municipalities located in any county south of the | ||||||
25 | southernmost county represented by one of the 10 | ||||||
26 | largest municipalities in Illinois by population, or |
| |||||||
| |||||||
1 | their respective designees; | ||||||
2 | (C) two members who are representatives from | ||||||
3 | public health advocacy groups; | ||||||
4 | (D) two members who are representatives from | ||||||
5 | publicly owned publicly-owned water utilities; | ||||||
6 | (E) one member who is a representative from a | ||||||
7 | public utility as defined under Section 3-105 of the | ||||||
8 | Public Utilities Act that provides water service in | ||||||
9 | the State of Illinois; | ||||||
10 | (F) one member who is a research professional | ||||||
11 | employed at an Illinois academic institution and | ||||||
12 | specializing in water infrastructure research; | ||||||
13 | (G) two members who are representatives from | ||||||
14 | nonprofit civic organizations; | ||||||
15 | (H) one member who is a representative from a | ||||||
16 | statewide organization representing environmental | ||||||
17 | organizations; | ||||||
18 | (I) two members who are representatives from | ||||||
19 | organized labor; and | ||||||
20 | (J) one member representing an environmental | ||||||
21 | justice organization; and | ||||||
22 | (5) ten members who are the mayors of the 10 largest | ||||||
23 | municipalities in Illinois by population, or their | ||||||
24 | respective designees. | ||||||
25 | No less than 10 of the 28 voting members shall be persons | ||||||
26 | of color, and no less than 3 shall represent communities |
| |||||||
| |||||||
1 | defined or self-identified as environmental justice | ||||||
2 | communities. | ||||||
3 | Advisory Board members shall serve without compensation, | ||||||
4 | but may be reimbursed for necessary expenses incurred in the | ||||||
5 | performance of their duties from funds appropriated for that | ||||||
6 | purpose. The Agency shall provide administrative support to | ||||||
7 | the Advisory Board. | ||||||
8 | The Advisory Board shall meet no less than once every 6 | ||||||
9 | months. | ||||||
10 | (y) The Advisory Board shall have, at a minimum, the | ||||||
11 | following duties: | ||||||
12 | (1) advising the Agency on best practices in lead | ||||||
13 | service line replacement; | ||||||
14 | (2) reviewing the progress of community water supplies | ||||||
15 | toward lead service line replacement goals; | ||||||
16 | (3) advising the Agency on other matters related to | ||||||
17 | the administration of the provisions of this Section; | ||||||
18 | (4) advising the Agency on the integration of existing | ||||||
19 | lead service line replacement plans with any statewide | ||||||
20 | plan; and | ||||||
21 | (5) providing technical support and practical | ||||||
22 | expertise in general. | ||||||
23 | (z) Within 18 months after January 1, 2022 (the effective | ||||||
24 | date of Public Act 102-613), the Advisory Board shall deliver | ||||||
25 | a report of its recommendations to the Governor and the | ||||||
26 | General Assembly concerning opportunities for dedicated, |
| |||||||
| |||||||
1 | long-term revenue options for funding lead service line | ||||||
2 | replacement. In submitting recommendations, the Advisory Board | ||||||
3 | shall consider, at a minimum, the following: | ||||||
4 | (1) the sufficiency of various revenue sources to | ||||||
5 | adequately fund replacement of all lead service lines in | ||||||
6 | Illinois; | ||||||
7 | (2) the financial burden, if any, on households | ||||||
8 | falling below 150% of the federal poverty limit; | ||||||
9 | (3) revenue options that guarantee low-income | ||||||
10 | households are protected from rate increases; | ||||||
11 | (4) an assessment of the ability of community water | ||||||
12 | supplies to assess and collect revenue; | ||||||
13 | (5) variations in financial resources among individual | ||||||
14 | households within a service area; and | ||||||
15 | (6) the protection of low-income households from rate | ||||||
16 | increases. | ||||||
17 | (aa) Within 10 years after January 1, 2022 (the effective | ||||||
18 | date of Public Act 102-613), the Advisory Board shall prepare | ||||||
19 | and deliver a report to the Governor and General Assembly | ||||||
20 | concerning the status of all lead service line replacement | ||||||
21 | within the State. | ||||||
22 | (bb) The Lead Service Line Replacement Fund is created as | ||||||
23 | a special fund in the State treasury to be used by the Agency | ||||||
24 | for the purposes provided under this Section. The Fund shall | ||||||
25 | be used exclusively to finance and administer programs and | ||||||
26 | activities specified under this Section and listed under this |
| |||||||
| |||||||
1 | subsection. | ||||||
2 | The objective of the Fund is to finance activities | ||||||
3 | associated with identifying and replacing lead service lines, | ||||||
4 | build Agency capacity to oversee the provisions of this | ||||||
5 | Section, and provide related assistance for the activities | ||||||
6 | listed under this subsection. | ||||||
7 | The Agency shall be responsible for the administration of | ||||||
8 | the Fund and shall allocate moneys on the basis of priorities | ||||||
9 | established by the Agency through administrative rule. On July | ||||||
10 | 1, 2022 and on July 1 of each year thereafter, the Agency shall | ||||||
11 | determine the available amount of resources in the Fund that | ||||||
12 | can be allocated to the activities identified under this | ||||||
13 | Section and shall allocate the moneys accordingly. | ||||||
14 | Notwithstanding any other law to the contrary, the Lead | ||||||
15 | Service Line Replacement Fund is not subject to sweeps, | ||||||
16 | administrative charge-backs, or any other fiscal maneuver that | ||||||
17 | would in any way transfer any amounts from the Lead Service | ||||||
18 | Line Replacement Fund into any other fund of the State. | ||||||
19 | (cc) Within one year after January 1, 2022 (the effective | ||||||
20 | date of Public Act 102-613), the Agency shall design rules for | ||||||
21 | a program for the purpose of administering lead service line | ||||||
22 | replacement funds. The rules must, at minimum, contain: | ||||||
23 | (1) the process by which community water supplies may | ||||||
24 | apply for funding; and | ||||||
25 | (2) the criteria for determining unit of local | ||||||
26 | government eligibility and prioritization for funding, |
| |||||||
| |||||||
1 | including the prevalence of low-income households, as | ||||||
2 | measured by median household income, the prevalence of | ||||||
3 | lead service lines, and the prevalence of water samples | ||||||
4 | that demonstrate elevated levels of lead. | ||||||
5 | (dd) Funding under subsection (cc) shall be available for | ||||||
6 | costs directly attributable to the planning, design, or | ||||||
7 | construction directly related to the replacement of lead | ||||||
8 | service lines and restoration of property. | ||||||
9 | Funding shall not be used for the general operating | ||||||
10 | expenses of a municipality or community water supply. | ||||||
11 | (ee) An owner or operator of any community water supply | ||||||
12 | receiving grant funding under subsection (cc) shall bear the | ||||||
13 | entire expense of full lead service line replacement for all | ||||||
14 | lead service lines in the scope of the grant. | ||||||
15 | (ff) When replacing a lead service line, the owner or | ||||||
16 | operator of the community water supply shall replace the | ||||||
17 | service line in its entirety, including, but not limited to, | ||||||
18 | any portion of the service line (i) running on private | ||||||
19 | property and (ii) within the building's plumbing at the first | ||||||
20 | shut-off valve. Partial lead service line replacements are | ||||||
21 | expressly prohibited. Exceptions shall be made under the | ||||||
22 | following circumstances: | ||||||
23 | (1) In the event of an emergency repair that affects a | ||||||
24 | lead service line or a suspected lead service line, a | ||||||
25 | community water supply must contact the building owner to | ||||||
26 | begin the process of replacing the entire service line. If |
| |||||||
| |||||||
1 | the building owner is not able to be contacted or the | ||||||
2 | building owner or occupant refuses to grant access and | ||||||
3 | permission to replace the entire service line at the time | ||||||
4 | of the emergency repair, then the community water supply | ||||||
5 | may perform a partial lead service line replacement. Where | ||||||
6 | an emergency repair on a service line constructed of lead | ||||||
7 | or galvanized steel pipe results in a partial service line | ||||||
8 | replacement, the water supply responsible for commencing | ||||||
9 | the repair shall perform the following: | ||||||
10 | (A) Notify the building's owner or operator and | ||||||
11 | the resident or residents served by the lead service | ||||||
12 | line in writing that a repair has been completed. The | ||||||
13 | notification shall include, at a minimum: | ||||||
14 | (i) a warning that the work may result in | ||||||
15 | sediment, possibly containing lead, in the | ||||||
16 | building's buildings water supply system; | ||||||
17 | (ii) information concerning practices for | ||||||
18 | preventing the consumption of any lead in drinking | ||||||
19 | water, including a recommendation to flush water | ||||||
20 | distribution pipe during and after the completion | ||||||
21 | of the repair or replacement work and to clean | ||||||
22 | faucet aerator screens; and | ||||||
23 | (iii) information regarding the dangers of | ||||||
24 | lead to young children and pregnant women. | ||||||
25 | (B) Provide filters for at least one fixture | ||||||
26 | supplying potable water for consumption. The filter |
| |||||||
| |||||||
1 | must be certified by an accredited third-party | ||||||
2 | certification body to NSF/ANSI 53 and NSF/ANSI 42 for | ||||||
3 | the reduction of lead and particulate. The filter must | ||||||
4 | be provided until such time that the remaining | ||||||
5 | portions of the service line have been replaced with a | ||||||
6 | material approved by the Department or a waiver has | ||||||
7 | been issued under subsection (ii). | ||||||
8 | (C) Replace the remaining portion of the lead | ||||||
9 | service line within 30 days of the repair, or 120 days | ||||||
10 | in the event of weather or other circumstances beyond | ||||||
11 | reasonable control that prohibits construction. If a | ||||||
12 | complete lead service line replacement cannot be made | ||||||
13 | within the required period, the community water supply | ||||||
14 | responsible for commencing the repair shall notify the | ||||||
15 | Department in writing, at a minimum, of the following | ||||||
16 | within 24 hours of the repair: | ||||||
17 | (i) an explanation of why it is not feasible | ||||||
18 | to replace the remaining portion of the lead | ||||||
19 | service line within the allotted time; and | ||||||
20 | (ii) a timeline for when the remaining portion | ||||||
21 | of the lead service line will be replaced. | ||||||
22 | (D) If complete repair of a lead service line | ||||||
23 | cannot be completed due to denial by the property | ||||||
24 | owner, the community water supply commencing the | ||||||
25 | repair shall request the affected property owner to | ||||||
26 | sign a waiver developed by the Department. If a |
| |||||||
| |||||||
1 | property owner of a nonresidential building or | ||||||
2 | residence operating as rental properties denies a | ||||||
3 | complete lead service line replacement, the property | ||||||
4 | owner shall be responsible for installing and | ||||||
5 | maintaining point-of-use filters certified by an | ||||||
6 | accredited third-party certification body to NSF/ANSI | ||||||
7 | 53 and NSF/ANSI 42 for the reduction of lead and | ||||||
8 | particulate at all fixtures intended to supply water | ||||||
9 | for the purposes of drinking, food preparation, or | ||||||
10 | making baby formula. The filters shall continue to be | ||||||
11 | supplied by the property owner until such time that | ||||||
12 | the property owner has affected the remaining portions | ||||||
13 | of the lead service line to be replaced. | ||||||
14 | (E) Document any remaining lead service line, | ||||||
15 | including a portion on the private side of the | ||||||
16 | property, in the community water supply's distribution | ||||||
17 | system materials inventory required under subsection | ||||||
18 | (d). | ||||||
19 | For the purposes of this paragraph (1), written notice | ||||||
20 | shall be provided in the method and according to the | ||||||
21 | provisions of subsection (jj). | ||||||
22 | (2) Lead service lines that are physically | ||||||
23 | disconnected from the distribution system are exempt from | ||||||
24 | this subsection. | ||||||
25 | (gg) Except as provided in subsection (hh), on and after | ||||||
26 | January 1, 2022, when the owner or operator of a community |
| |||||||
| |||||||
1 | water supply replaces a water main, the community water supply | ||||||
2 | shall identify all lead service lines connected to the water | ||||||
3 | main and shall replace the lead service lines by: | ||||||
4 | (1) identifying the material or materials of each lead | ||||||
5 | service line connected to the water main, including, but | ||||||
6 | not limited to, any portion of the service line (i) | ||||||
7 | running on private property and (ii) within the building | ||||||
8 | plumbing at the first shut-off valve or 18 inches inside | ||||||
9 | the building, whichever is shorter; | ||||||
10 | (2) in conjunction with replacement of the water main, | ||||||
11 | replacing any and all portions of each lead service line | ||||||
12 | connected to the water main that are composed of lead; and | ||||||
13 | (3) if a property owner or customer refuses to grant | ||||||
14 | access to the property, following prescribed notice | ||||||
15 | provisions as outlined in subsection (ff). | ||||||
16 | If an owner of a potentially affected building intends to | ||||||
17 | replace a portion of a lead service line or a galvanized | ||||||
18 | service line and the galvanized service line is or was | ||||||
19 | connected downstream to lead piping, then the owner of the | ||||||
20 | potentially affected building shall provide the owner or | ||||||
21 | operator of the community water supply with notice at least 45 | ||||||
22 | days before commencing the work. In the case of an emergency | ||||||
23 | repair, the owner of the potentially affected building must | ||||||
24 | provide filters for each kitchen area that are certified by an | ||||||
25 | accredited third-party certification body to NSF/ANSI 53 and | ||||||
26 | NSF/ANSI 42 for the reduction of lead and particulate. If the |
| |||||||
| |||||||
1 | owner of the potentially affected building notifies the owner | ||||||
2 | or operator of the community water supply that replacement of | ||||||
3 | a portion of the lead service line after the emergency repair | ||||||
4 | is completed, then the owner or operator of the community | ||||||
5 | water supply shall replace the remainder of the lead service | ||||||
6 | line within 30 days after completion of the emergency repair. | ||||||
7 | A community water supply may take up to 120 days if necessary | ||||||
8 | due to weather conditions. If a replacement takes longer than | ||||||
9 | 30 days, filters provided by the owner of the potentially | ||||||
10 | affected building must be replaced in accordance with the | ||||||
11 | manufacturer's recommendations. Partial lead service line | ||||||
12 | replacements by the owners of potentially affected buildings | ||||||
13 | are otherwise prohibited. | ||||||
14 | (hh) For municipalities with a population in excess of | ||||||
15 | 1,000,000 inhabitants, the requirements of subsection (gg) | ||||||
16 | shall commence on January 1, 2023. | ||||||
17 | (ii) At least 45 days before conducting planned lead | ||||||
18 | service line replacement, the owner or operator of a community | ||||||
19 | water supply shall, by mail, attempt to contact the owner of | ||||||
20 | the potentially affected building serviced by the lead service | ||||||
21 | line to request access to the building and permission to | ||||||
22 | replace the lead service line in accordance with the lead | ||||||
23 | service line replacement plan. If the owner of the potentially | ||||||
24 | affected building does not respond to the request within 15 | ||||||
25 | days after the request is sent, the owner or operator of the | ||||||
26 | community water supply shall attempt to post the request on |
| |||||||
| |||||||
1 | the entrance of the potentially affected building. | ||||||
2 | If the owner or operator of a community water supply is | ||||||
3 | unable to obtain approval to access and replace a lead service | ||||||
4 | line, the owner or operator of the community water supply | ||||||
5 | shall request that the owner of the potentially affected | ||||||
6 | building sign a waiver. The waiver shall be developed by the | ||||||
7 | Department and should be made available in the owner's | ||||||
8 | language. If the owner of the potentially affected building | ||||||
9 | refuses to sign the waiver or fails to respond to the community | ||||||
10 | water supply after the community water supply has complied | ||||||
11 | with this subsection, then the community water supply shall | ||||||
12 | notify the Department in writing within 15 working days. | ||||||
13 | (jj) When replacing a lead service line or repairing or | ||||||
14 | replacing water mains with lead service lines or partial lead | ||||||
15 | service lines attached to them, the owner or operator of a | ||||||
16 | community water supply shall provide the owner of each | ||||||
17 | potentially affected building that is serviced by the affected | ||||||
18 | lead service lines or partial lead service lines, as well as | ||||||
19 | the occupants of those buildings, with an individual written | ||||||
20 | notice. The notice shall be delivered by mail or posted at the | ||||||
21 | primary entranceway of the building. The notice must, in | ||||||
22 | addition, be electronically mailed where an electronic mailing | ||||||
23 | address is known or can be reasonably obtained. Written notice | ||||||
24 | shall include, at a minimum, the following: | ||||||
25 | (1) a warning that the work may result in sediment, | ||||||
26 | possibly containing lead from the service line, in the |
| |||||||
| |||||||
1 | building's water; | ||||||
2 | (2) information concerning the best practices for | ||||||
3 | preventing exposure to or risk of consumption of lead in | ||||||
4 | drinking water, including a recommendation to flush water | ||||||
5 | lines during and after the completion of the repair or | ||||||
6 | replacement work and to clean faucet aerator screens; and | ||||||
7 | (3) information regarding the dangers of lead exposure | ||||||
8 | to young children and pregnant women. | ||||||
9 | When the individual written notice described in the first | ||||||
10 | paragraph of this subsection is required as a result of | ||||||
11 | planned work other than the repair or replacement of a water | ||||||
12 | meter, the owner or operator of the community water supply | ||||||
13 | shall provide the notice not less than 14 days before work | ||||||
14 | begins. When the individual written notice described in the | ||||||
15 | first paragraph of this subsection is required as a result of | ||||||
16 | emergency repairs other than the repair or replacement of a | ||||||
17 | water meter, the owner or operator of the community water | ||||||
18 | supply shall provide the notice at the time the work is | ||||||
19 | initiated. When the individual written notice described in the | ||||||
20 | first paragraph of this subsection is required as a result of | ||||||
21 | the repair or replacement of a water meter, the owner or | ||||||
22 | operator of the community water supply shall provide the | ||||||
23 | notice at the time the work is initiated. | ||||||
24 | The notifications required under this subsection must | ||||||
25 | contain the following statement in Spanish, Polish, Chinese, | ||||||
26 | Tagalog, Arabic, Korean, German, Urdu, and Gujarati: "This |
| |||||||
| |||||||
1 | notice contains important information about your water service | ||||||
2 | and may affect your rights. We encourage you to have this | ||||||
3 | notice translated in full into a language you understand and | ||||||
4 | before you make any decisions that may be required under this | ||||||
5 | notice." | ||||||
6 | An owner or operator of a community water supply that is | ||||||
7 | required under this subsection to provide an individual | ||||||
8 | written notice to the owner and occupant of a potentially | ||||||
9 | affected building that is a multi-dwelling building may | ||||||
10 | satisfy that requirement and the requirements of this | ||||||
11 | subsection regarding notification to non-English speaking | ||||||
12 | customers by posting the required notice on the primary | ||||||
13 | entranceway of the building and at the location where the | ||||||
14 | occupant's mail is delivered as reasonably as possible. | ||||||
15 | When this subsection would require the owner or operator | ||||||
16 | of a community water supply to provide an individual written | ||||||
17 | notice to the entire community served by the community water | ||||||
18 | supply or would require the owner or operator of a community | ||||||
19 | water supply to provide individual written notices as a result | ||||||
20 | of emergency repairs or when the community water supply that | ||||||
21 | is required to comply with this subsection is a small system, | ||||||
22 | the owner or operator of the community water supply may | ||||||
23 | provide the required notice through local media outlets, | ||||||
24 | social media, or other similar means in lieu of providing the | ||||||
25 | individual written notices otherwise required under this | ||||||
26 | subsection. |
| |||||||
| |||||||
1 | No notifications are required under this subsection for | ||||||
2 | work performed on water mains that are used to transmit | ||||||
3 | treated water between community water supplies and properties | ||||||
4 | that have no service connections. | ||||||
5 | (kk) No community water supply that sells water to any | ||||||
6 | wholesale or retail consecutive community water supply may | ||||||
7 | pass on any costs associated with compliance with this Section | ||||||
8 | to consecutive systems. | ||||||
9 | (ll) To the extent allowed by law, when a community water | ||||||
10 | supply replaces or installs a lead service line in a public | ||||||
11 | right-of-way or enters into an agreement with a private | ||||||
12 | contractor for replacement or installation of a lead service | ||||||
13 | line, the community water supply shall be held harmless for | ||||||
14 | all damage to property when replacing or installing the lead | ||||||
15 | service line. If dangers are encountered that prevent the | ||||||
16 | replacement of the lead service line, the community water | ||||||
17 | supply shall notify the Department within 15 working days of | ||||||
18 | why the replacement of the lead service line could not be | ||||||
19 | accomplished. | ||||||
20 | (mm) The Agency may propose to the Board, and the Board may | ||||||
21 | adopt, any rules necessary to implement and administer this | ||||||
22 | Section. The Department may adopt rules necessary to address | ||||||
23 | lead service lines attached to non-community water supplies. | ||||||
24 | (nn) Notwithstanding any other provision in this Section, | ||||||
25 | no requirement in this Section shall be construed as being | ||||||
26 | less stringent than existing applicable federal requirements. |
| |||||||
| |||||||
1 | (oo) All lead service line replacements financed in whole | ||||||
2 | or in part with funds obtained under this Section shall be | ||||||
3 | considered public works for purposes of the Prevailing Wage | ||||||
4 | Act. | ||||||
5 | (pp) Beginning in 2023, each municipality with a | ||||||
6 | population of more than 1,000,000 inhabitants shall publicly | ||||||
7 | post on its website data describing progress the municipality | ||||||
8 | has made toward replacing lead service lines within the | ||||||
9 | municipality. The data required to be posted under this | ||||||
10 | subsection shall be the same information required to be | ||||||
11 | reported under paragraphs (1) through (4) of subsection (t-5) | ||||||
12 | of this Section. Beginning in 2024, each municipality that is | ||||||
13 | subject to this subsection shall annually update the data | ||||||
14 | posted on its website under this subsection. A municipality's | ||||||
15 | duty to post data under this subsection terminates only when | ||||||
16 | all lead service lines within the municipality have been | ||||||
17 | replaced. Nothing in this subsection (pp) shall be construed | ||||||
18 | to replace, undermine, conflict with, or otherwise amend the | ||||||
19 | responsibilities and requirements set forth in subsection | ||||||
20 | (t-5) of this Section. | ||||||
21 | (Source: P.A. 102-613, eff. 1-1-22; 102-813, eff. 5-13-22; | ||||||
22 | 103-167, eff. 6-30-23; revised 9-20-23.)
| ||||||
23 | (415 ILCS 5/22.15) | ||||||
24 | Sec. 22.15. Solid Waste Management Fund; fees. | ||||||
25 | (a) There is hereby created within the State Treasury a |
| |||||||
| |||||||
1 | special fund to be known as the Solid Waste Management Fund, to | ||||||
2 | be constituted from the fees collected by the State pursuant | ||||||
3 | to this Section, from repayments of loans made from the Fund | ||||||
4 | for solid waste projects, from registration fees collected | ||||||
5 | pursuant to the Consumer Electronics Recycling Act, from fees | ||||||
6 | collected under the Paint Stewardship Act, and from amounts | ||||||
7 | transferred into the Fund pursuant to Public Act 100-433. | ||||||
8 | Moneys received by either the Agency or the Department of | ||||||
9 | Commerce and Economic Opportunity in repayment of loans made | ||||||
10 | pursuant to the Illinois Solid Waste Management Act shall be | ||||||
11 | deposited into the General Revenue Fund. | ||||||
12 | (b) The Agency shall assess and collect a fee in the amount | ||||||
13 | set forth herein from the owner or operator of each sanitary | ||||||
14 | landfill permitted or required to be permitted by the Agency | ||||||
15 | to dispose of solid waste if the sanitary landfill is located | ||||||
16 | off the site where such waste was produced and if such sanitary | ||||||
17 | landfill is owned, controlled, and operated by a person other | ||||||
18 | than the generator of such waste. The Agency shall deposit all | ||||||
19 | fees collected into the Solid Waste Management Fund. If a site | ||||||
20 | is contiguous to one or more landfills owned or operated by the | ||||||
21 | same person, the volumes permanently disposed of by each | ||||||
22 | landfill shall be combined for purposes of determining the fee | ||||||
23 | under this subsection. Beginning on July 1, 2018, and on the | ||||||
24 | first day of each month thereafter during fiscal years 2019 | ||||||
25 | through 2024, the State Comptroller shall direct and State | ||||||
26 | Treasurer shall transfer an amount equal to 1/12 of $5,000,000 |
| |||||||
| |||||||
1 | per fiscal year from the Solid Waste Management Fund to the | ||||||
2 | General Revenue Fund. | ||||||
3 | (1) If more than 150,000 cubic yards of non-hazardous | ||||||
4 | solid waste is permanently disposed of at a site in a | ||||||
5 | calendar year, the owner or operator shall either pay a | ||||||
6 | fee of 95 cents per cubic yard or, alternatively, the | ||||||
7 | owner or operator may weigh the quantity of the solid | ||||||
8 | waste permanently disposed of with a device for which | ||||||
9 | certification has been obtained under the Weights and | ||||||
10 | Measures Act and pay a fee of $2.00 per ton of solid waste | ||||||
11 | permanently disposed of. In no case shall the fee | ||||||
12 | collected or paid by the owner or operator under this | ||||||
13 | paragraph exceed $1.55 per cubic yard or $3.27 per ton. | ||||||
14 | (2) If more than 100,000 cubic yards but not more than | ||||||
15 | 150,000 cubic yards of non-hazardous waste is permanently | ||||||
16 | disposed of at a site in a calendar year, the owner or | ||||||
17 | operator shall pay a fee of $52,630. | ||||||
18 | (3) If more than 50,000 cubic yards but not more than | ||||||
19 | 100,000 cubic yards of non-hazardous solid waste is | ||||||
20 | permanently disposed of at a site in a calendar year, the | ||||||
21 | owner or operator shall pay a fee of $23,790. | ||||||
22 | (4) If more than 10,000 cubic yards but not more than | ||||||
23 | 50,000 cubic yards of non-hazardous solid waste is | ||||||
24 | permanently disposed of at a site in a calendar year, the | ||||||
25 | owner or operator shall pay a fee of $7,260. | ||||||
26 | (5) If not more than 10,000 cubic yards of |
| |||||||
| |||||||
1 | non-hazardous solid waste is permanently disposed of at a | ||||||
2 | site in a calendar year, the owner or operator shall pay a | ||||||
3 | fee of $1050. | ||||||
4 | (c) (Blank). | ||||||
5 | (d) The Agency shall establish rules relating to the | ||||||
6 | collection of the fees authorized by this Section. Such rules | ||||||
7 | shall include, but not be limited to: | ||||||
8 | (1) necessary records identifying the quantities of | ||||||
9 | solid waste received or disposed; | ||||||
10 | (2) the form and submission of reports to accompany | ||||||
11 | the payment of fees to the Agency; | ||||||
12 | (3) the time and manner of payment of fees to the | ||||||
13 | Agency, which payments shall not be more often than | ||||||
14 | quarterly; and | ||||||
15 | (4) procedures setting forth criteria establishing | ||||||
16 | when an owner or operator may measure by weight or volume | ||||||
17 | during any given quarter or other fee payment period. | ||||||
18 | (e) Pursuant to appropriation, all monies in the Solid | ||||||
19 | Waste Management Fund shall be used by the Agency for the | ||||||
20 | purposes set forth in this Section and in the Illinois Solid | ||||||
21 | Waste Management Act, including for the costs of fee | ||||||
22 | collection and administration, for administration of the Paint | ||||||
23 | Stewardship Act, and for the administration of the Consumer | ||||||
24 | Electronics Recycling Act, the Drug Take-Back Act, and the | ||||||
25 | Statewide Recycling Needs Assessment Act. | ||||||
26 | (f) The Agency is authorized to enter into such agreements |
| |||||||
| |||||||
1 | and to promulgate such rules as are necessary to carry out its | ||||||
2 | duties under this Section and the Illinois Solid Waste | ||||||
3 | Management Act. | ||||||
4 | (g) On the first day of January, April, July, and October | ||||||
5 | of each year, beginning on July 1, 1996, the State Comptroller | ||||||
6 | and Treasurer shall transfer $500,000 from the Solid Waste | ||||||
7 | Management Fund to the Hazardous Waste Fund. Moneys | ||||||
8 | transferred under this subsection (g) shall be used only for | ||||||
9 | the purposes set forth in item (1) of subsection (d) of Section | ||||||
10 | 22.2. | ||||||
11 | (h) The Agency is authorized to provide financial | ||||||
12 | assistance to units of local government for the performance of | ||||||
13 | inspecting, investigating, and enforcement activities pursuant | ||||||
14 | to subsection (r) of Section 4 at nonhazardous solid waste | ||||||
15 | disposal sites. | ||||||
16 | (i) The Agency is authorized to conduct household waste | ||||||
17 | collection and disposal programs. | ||||||
18 | (j) A unit of local government, as defined in the Local | ||||||
19 | Solid Waste Disposal Act, in which a solid waste disposal | ||||||
20 | facility is located may establish a fee, tax, or surcharge | ||||||
21 | with regard to the permanent disposal of solid waste. All | ||||||
22 | fees, taxes, and surcharges collected under this subsection | ||||||
23 | shall be utilized for solid waste management purposes, | ||||||
24 | including long-term monitoring and maintenance of landfills, | ||||||
25 | planning, implementation, inspection, enforcement and other | ||||||
26 | activities consistent with the Solid Waste Management Act and |
| |||||||
| |||||||
1 | the Local Solid Waste Disposal Act, or for any other | ||||||
2 | environment-related purpose, including, but not limited to, an | ||||||
3 | environment-related public works project, but not for the | ||||||
4 | construction of a new pollution control facility other than a | ||||||
5 | household hazardous waste facility. However, the total fee, | ||||||
6 | tax or surcharge imposed by all units of local government | ||||||
7 | under this subsection (j) upon the solid waste disposal | ||||||
8 | facility shall not exceed: | ||||||
9 | (1) 60¢ per cubic yard if more than 150,000 cubic | ||||||
10 | yards of non-hazardous solid waste is permanently disposed | ||||||
11 | of at the site in a calendar year, unless the owner or | ||||||
12 | operator weighs the quantity of the solid waste received | ||||||
13 | with a device for which certification has been obtained | ||||||
14 | under the Weights and Measures Act, in which case the fee | ||||||
15 | shall not exceed $1.27 per ton of solid waste permanently | ||||||
16 | disposed of. | ||||||
17 | (2) $33,350 if more than 100,000 cubic yards, but not | ||||||
18 | more than 150,000 cubic yards, of non-hazardous waste is | ||||||
19 | permanently disposed of at the site in a calendar year. | ||||||
20 | (3) $15,500 if more than 50,000 cubic yards, but not | ||||||
21 | more than 100,000 cubic yards, of non-hazardous solid | ||||||
22 | waste is permanently disposed of at the site in a calendar | ||||||
23 | year. | ||||||
24 | (4) $4,650 if more than 10,000 cubic yards, but not | ||||||
25 | more than 50,000 cubic yards, of non-hazardous solid waste | ||||||
26 | is permanently disposed of at the site in a calendar year. |
| |||||||
| |||||||
1 | (5) $650 if not more than 10,000 cubic yards of | ||||||
2 | non-hazardous solid waste is permanently disposed of at | ||||||
3 | the site in a calendar year. | ||||||
4 | The corporate authorities of the unit of local government | ||||||
5 | may use proceeds from the fee, tax, or surcharge to reimburse a | ||||||
6 | highway commissioner whose road district lies wholly or | ||||||
7 | partially within the corporate limits of the unit of local | ||||||
8 | government for expenses incurred in the removal of | ||||||
9 | nonhazardous, nonfluid municipal waste that has been dumped on | ||||||
10 | public property in violation of a State law or local | ||||||
11 | ordinance. | ||||||
12 | For the disposal of solid waste from general construction | ||||||
13 | or demolition debris recovery facilities as defined in | ||||||
14 | subsection (a-1) of Section 3.160, the total fee, tax, or | ||||||
15 | surcharge imposed by all units of local government under this | ||||||
16 | subsection (j) upon the solid waste disposal facility shall | ||||||
17 | not exceed 50% of the applicable amount set forth above. A unit | ||||||
18 | of local government, as defined in the Local Solid Waste | ||||||
19 | Disposal Act, in which a general construction or demolition | ||||||
20 | debris recovery facility is located may establish a fee, tax, | ||||||
21 | or surcharge on the general construction or demolition debris | ||||||
22 | recovery facility with regard to the permanent disposal of | ||||||
23 | solid waste by the general construction or demolition debris | ||||||
24 | recovery facility at a solid waste disposal facility, provided | ||||||
25 | that such fee, tax, or surcharge shall not exceed 50% of the | ||||||
26 | applicable amount set forth above, based on the total amount |
| |||||||
| |||||||
1 | of solid waste transported from the general construction or | ||||||
2 | demolition debris recovery facility for disposal at solid | ||||||
3 | waste disposal facilities, and the unit of local government | ||||||
4 | and fee shall be subject to all other requirements of this | ||||||
5 | subsection (j). | ||||||
6 | A county or Municipal Joint Action Agency that imposes a | ||||||
7 | fee, tax, or surcharge under this subsection may use the | ||||||
8 | proceeds thereof to reimburse a municipality that lies wholly | ||||||
9 | or partially within its boundaries for expenses incurred in | ||||||
10 | the removal of nonhazardous, nonfluid municipal waste that has | ||||||
11 | been dumped on public property in violation of a State law or | ||||||
12 | local ordinance. | ||||||
13 | If the fees are to be used to conduct a local sanitary | ||||||
14 | landfill inspection or enforcement program, the unit of local | ||||||
15 | government must enter into a written delegation agreement with | ||||||
16 | the Agency pursuant to subsection (r) of Section 4. The unit of | ||||||
17 | local government and the Agency shall enter into such a | ||||||
18 | written delegation agreement within 60 days after the | ||||||
19 | establishment of such fees. At least annually, the Agency | ||||||
20 | shall conduct an audit of the expenditures made by units of | ||||||
21 | local government from the funds granted by the Agency to the | ||||||
22 | units of local government for purposes of local sanitary | ||||||
23 | landfill inspection and enforcement programs, to ensure that | ||||||
24 | the funds have been expended for the prescribed purposes under | ||||||
25 | the grant. | ||||||
26 | The fees, taxes or surcharges collected under this |
| |||||||
| |||||||
1 | subsection (j) shall be placed by the unit of local government | ||||||
2 | in a separate fund, and the interest received on the moneys in | ||||||
3 | the fund shall be credited to the fund. The monies in the fund | ||||||
4 | may be accumulated over a period of years to be expended in | ||||||
5 | accordance with this subsection. | ||||||
6 | A unit of local government, as defined in the Local Solid | ||||||
7 | Waste Disposal Act, shall prepare and post on its website, in | ||||||
8 | April of each year, a report that details spending plans for | ||||||
9 | monies collected in accordance with this subsection. The | ||||||
10 | report will at a minimum include the following: | ||||||
11 | (1) The total monies collected pursuant to this | ||||||
12 | subsection. | ||||||
13 | (2) The most current balance of monies collected | ||||||
14 | pursuant to this subsection. | ||||||
15 | (3) An itemized accounting of all monies expended for | ||||||
16 | the previous year pursuant to this subsection. | ||||||
17 | (4) An estimation of monies to be collected for the | ||||||
18 | following 3 years pursuant to this subsection. | ||||||
19 | (5) A narrative detailing the general direction and | ||||||
20 | scope of future expenditures for one, 2 and 3 years. | ||||||
21 | The exemptions granted under Sections 22.16 and 22.16a, | ||||||
22 | and under subsection (k) of this Section, shall be applicable | ||||||
23 | to any fee, tax or surcharge imposed under this subsection | ||||||
24 | (j); except that the fee, tax or surcharge authorized to be | ||||||
25 | imposed under this subsection (j) may be made applicable by a | ||||||
26 | unit of local government to the permanent disposal of solid |
| |||||||
| |||||||
1 | waste after December 31, 1986, under any contract lawfully | ||||||
2 | executed before June 1, 1986 under which more than 150,000 | ||||||
3 | cubic yards (or 50,000 tons) of solid waste is to be | ||||||
4 | permanently disposed of, even though the waste is exempt from | ||||||
5 | the fee imposed by the State under subsection (b) of this | ||||||
6 | Section pursuant to an exemption granted under Section 22.16. | ||||||
7 | (k) In accordance with the findings and purposes of the | ||||||
8 | Illinois Solid Waste Management Act, beginning January 1, 1989 | ||||||
9 | the fee under subsection (b) and the fee, tax or surcharge | ||||||
10 | under subsection (j) shall not apply to: | ||||||
11 | (1) waste which is hazardous waste; | ||||||
12 | (2) waste which is pollution control waste; | ||||||
13 | (3) waste from recycling, reclamation or reuse | ||||||
14 | processes which have been approved by the Agency as being | ||||||
15 | designed to remove any contaminant from wastes so as to | ||||||
16 | render such wastes reusable, provided that the process | ||||||
17 | renders at least 50% of the waste reusable; the exemption | ||||||
18 | set forth in this paragraph (3) of this subsection (k) | ||||||
19 | shall not apply to general construction or demolition | ||||||
20 | debris recovery facilities as defined in subsection (a-1) | ||||||
21 | of Section 3.160; | ||||||
22 | (4) non-hazardous solid waste that is received at a | ||||||
23 | sanitary landfill and composted or recycled through a | ||||||
24 | process permitted by the Agency; or | ||||||
25 | (5) any landfill which is permitted by the Agency to | ||||||
26 | receive only demolition or construction debris or |
| |||||||
| |||||||
1 | landscape waste. | ||||||
2 | (Source: P.A. 102-16, eff. 6-17-21; 102-310, eff. 8-6-21; | ||||||
3 | 102-444, eff. 8-20-21; 102-699, eff. 4-19-22; 102-813, eff. | ||||||
4 | 5-13-22; 102-1055, eff. 6-10-22; 103-8, eff. 6-7-23; 103-154, | ||||||
5 | eff. 6-30-23; 103-372, eff. 1-1-24; 103-383, eff. 7-28-23; | ||||||
6 | revised 12-15-23.)
| ||||||
7 | (415 ILCS 5/31) (from Ch. 111 1/2, par. 1031) | ||||||
8 | Sec. 31. Notice; complaint; hearing. | ||||||
9 | (a)(1) Within 180 days after becoming aware of an alleged | ||||||
10 | violation of this the Act, any rule adopted under this the Act, | ||||||
11 | a permit granted by the Agency, or a condition of such a | ||||||
12 | permit, the Agency shall issue and serve, by certified mail, | ||||||
13 | upon the person complained against a written notice informing | ||||||
14 | that person that the Agency has evidence of the alleged | ||||||
15 | violation. At a minimum, the written notice shall contain: | ||||||
16 | (A) a notification to the person complained against of | ||||||
17 | the requirement to submit a written response addressing | ||||||
18 | the violations alleged and the option to meet with | ||||||
19 | appropriate agency personnel to resolve any alleged | ||||||
20 | violations that could lead to the filing of a formal | ||||||
21 | complaint; | ||||||
22 | (B) a detailed explanation by the Agency of the | ||||||
23 | violations alleged; | ||||||
24 | (C) an explanation by the Agency of the actions that | ||||||
25 | the Agency believes may resolve the alleged violations, |
| |||||||
| |||||||
1 | including an estimate of a reasonable time period for the | ||||||
2 | person complained against to complete the suggested | ||||||
3 | resolution; and | ||||||
4 | (D) an explanation of any alleged violation that the | ||||||
5 | Agency believes cannot be resolved without the involvement | ||||||
6 | of the Office of the Illinois Attorney General or the | ||||||
7 | State's Attorney of the county in which the alleged | ||||||
8 | violation occurred and the basis for the Agency's belief. | ||||||
9 | (2) A written response to the violations alleged shall be | ||||||
10 | submitted to the Agency, by certified mail, within 45 days | ||||||
11 | after receipt of notice by the person complained against, or | ||||||
12 | within an extended time period as agreed to by the Agency and | ||||||
13 | person complained against. The written response shall include: | ||||||
14 | (A) information in rebuttal, explanation , or | ||||||
15 | justification of each alleged violation; | ||||||
16 | (B) if the person complained against desires to enter | ||||||
17 | into a Compliance Commitment Agreement, proposed terms for | ||||||
18 | a Compliance Commitment Agreement that includes specified | ||||||
19 | times for achieving each commitment and which may consist | ||||||
20 | of a statement indicating that the person complained | ||||||
21 | against believes that compliance has been achieved; and | ||||||
22 | (C) a request for a meeting with appropriate Agency | ||||||
23 | personnel if a meeting is desired by the person complained | ||||||
24 | against. | ||||||
25 | (3) If the person complained against fails to respond in | ||||||
26 | accordance with the requirements of subdivision (2) of this |
| |||||||
| |||||||
1 | subsection (a), the failure to respond shall be considered a | ||||||
2 | waiver of the requirements of this subsection (a) and nothing | ||||||
3 | in this Section shall preclude the Agency from proceeding | ||||||
4 | pursuant to subsection (b) of this Section. | ||||||
5 | (4) A meeting requested pursuant to subdivision (2) of | ||||||
6 | this subsection (a) shall be held without a representative of | ||||||
7 | the Office of the Illinois Attorney General or the State's | ||||||
8 | Attorney of the county in which the alleged violation | ||||||
9 | occurred, within 60 days after receipt of notice by the person | ||||||
10 | complained against, or within an extended time period as | ||||||
11 | agreed to by the Agency and person complained against. At the | ||||||
12 | meeting, the Agency shall provide an opportunity for the | ||||||
13 | person complained against to respond to each alleged | ||||||
14 | violation, suggested resolution, and suggested implementation | ||||||
15 | time frame, and to suggest alternate resolutions. | ||||||
16 | (5) If a meeting requested pursuant to subdivision (2) of | ||||||
17 | this subsection (a) is held, the person complained against | ||||||
18 | shall, within 21 days following the meeting or within an | ||||||
19 | extended time period as agreed to by the Agency and person | ||||||
20 | complained against, submit by certified mail to the Agency a | ||||||
21 | written response to the alleged violations. The written | ||||||
22 | response shall include: | ||||||
23 | (A) additional information in rebuttal, explanation, | ||||||
24 | or justification of each alleged violation; | ||||||
25 | (B) if the person complained against desires to enter | ||||||
26 | into a Compliance Commitment Agreement, proposed terms for |
| |||||||
| |||||||
1 | a Compliance Commitment Agreement that includes specified | ||||||
2 | times for achieving each commitment and which may consist | ||||||
3 | of a statement indicating that the person complained | ||||||
4 | against believes that compliance has been achieved; and | ||||||
5 | (C) a statement indicating that, should the person | ||||||
6 | complained against so wish, the person complained against | ||||||
7 | chooses to rely upon the initial written response | ||||||
8 | submitted pursuant to subdivision (2) of this subsection | ||||||
9 | (a). | ||||||
10 | (6) If the person complained against fails to respond in | ||||||
11 | accordance with the requirements of subdivision (5) of this | ||||||
12 | subsection (a), the failure to respond shall be considered a | ||||||
13 | waiver of the requirements of this subsection (a) and nothing | ||||||
14 | in this Section shall preclude the Agency from proceeding | ||||||
15 | pursuant to subsection (b) of this Section. | ||||||
16 | (7) Within 30 days after the Agency's receipt of a written | ||||||
17 | response submitted by the person complained against pursuant | ||||||
18 | to subdivision (2) of this subsection (a) if a meeting is not | ||||||
19 | requested or pursuant to subdivision (5) of this subsection | ||||||
20 | (a) if a meeting is held, or within a later time period as | ||||||
21 | agreed to by the Agency and the person complained against, the | ||||||
22 | Agency shall issue and serve, by certified mail, upon the | ||||||
23 | person complained against (i) a proposed Compliance Commitment | ||||||
24 | Agreement or (ii) a notice that one or more violations cannot | ||||||
25 | be resolved without the involvement of the Office of the | ||||||
26 | Attorney General or the State's Attorney of the county in |
| |||||||
| |||||||
1 | which the alleged violation occurred and that no proposed | ||||||
2 | Compliance Commitment Agreement will be issued by the Agency | ||||||
3 | for those violations. The Agency shall include terms and | ||||||
4 | conditions in the proposed Compliance Commitment Agreement | ||||||
5 | that are, in its discretion, necessary to bring the person | ||||||
6 | complained against into compliance with the Act, any rule | ||||||
7 | adopted under the Act, any permit granted by the Agency, or any | ||||||
8 | condition of such a permit. The Agency shall take into | ||||||
9 | consideration the proposed terms for the proposed Compliance | ||||||
10 | Commitment Agreement that were provided under subdivision | ||||||
11 | (a)(2)(B) or (a)(5)(B) of this Section by the person | ||||||
12 | complained against. | ||||||
13 | (7.5) Within 30 days after the receipt of the Agency's | ||||||
14 | proposed Compliance Commitment Agreement by the person | ||||||
15 | complained against, or within a later time period not to | ||||||
16 | exceed an additional 30 days as agreed to by the Agency and the | ||||||
17 | person complained against, the person shall either (i) agree | ||||||
18 | to and sign the proposed Compliance Commitment Agreement | ||||||
19 | provided by the Agency and submit the signed Compliance | ||||||
20 | Commitment Agreement to the Agency by certified mail or (ii) | ||||||
21 | notify the Agency in writing by certified mail of the person's | ||||||
22 | rejection of the proposed Compliance Commitment Agreement. If | ||||||
23 | the person complained against fails to respond to the proposed | ||||||
24 | Compliance Commitment Agreement within 30 days as required | ||||||
25 | under this paragraph, the proposed Compliance Commitment | ||||||
26 | Agreement is deemed rejected by operation of law. Any |
| |||||||
| |||||||
1 | Compliance Commitment Agreement entered into under item (i) of | ||||||
2 | this paragraph may be amended subsequently in writing by | ||||||
3 | mutual agreement between the Agency and the signatory to the | ||||||
4 | Compliance Commitment Agreement, the signatory's legal | ||||||
5 | representative, or the signatory's agent. | ||||||
6 | (7.6) No person shall violate the terms or conditions of a | ||||||
7 | Compliance Commitment Agreement entered into under subdivision | ||||||
8 | (a)(7.5) of this Section. Successful completion of a | ||||||
9 | Compliance Commitment Agreement or an amended Compliance | ||||||
10 | Commitment Agreement shall be a factor to be weighed, in favor | ||||||
11 | of the person completing the Agreement, by the Office of the | ||||||
12 | Illinois Attorney General in determining whether to file a | ||||||
13 | complaint for the violations that were the subject of the | ||||||
14 | Agreement. | ||||||
15 | (7.7) Within 30 days after a Compliance Commitment | ||||||
16 | Agreement takes effect or is amended in accordance with | ||||||
17 | paragraph (7.5), the Agency shall publish a copy of the final | ||||||
18 | executed Compliance Commitment Agreement on the Agency's | ||||||
19 | website. The Agency shall maintain an Internet database of all | ||||||
20 | Compliance Commitment Agreements entered on or after August | ||||||
21 | 24, 2018 ( the effective date of Public Act 100-1080) this | ||||||
22 | amendatory Act of the 100th General Assembly . At a minimum, | ||||||
23 | the database shall be searchable by the following categories: | ||||||
24 | the county in which the facility that is subject to the | ||||||
25 | Compliance Commitment Agreement is located; the date of final | ||||||
26 | execution of the Compliance Commitment Agreement; the name of |
| |||||||
| |||||||
1 | the respondent; and the media involved, including air, water, | ||||||
2 | land, or public water supply. | ||||||
3 | (8) Nothing in this subsection (a) is intended to require | ||||||
4 | the Agency to enter into Compliance Commitment Agreements for | ||||||
5 | any alleged violation that the Agency believes cannot be | ||||||
6 | resolved without the involvement of the Office of the Attorney | ||||||
7 | General or the State's Attorney of the county in which the | ||||||
8 | alleged violation occurred, for, among other purposes, the | ||||||
9 | imposition of statutory penalties. | ||||||
10 | (9) The Agency's failure to respond within 30 days of | ||||||
11 | receipt to a written response submitted pursuant to | ||||||
12 | subdivision (2) of this subsection (a) if a meeting is not | ||||||
13 | requested or pursuant to subdivision (5) of this subsection | ||||||
14 | (a) if a meeting is held, or within the time period otherwise | ||||||
15 | agreed to in writing by the Agency and the person complained | ||||||
16 | against, shall be deemed an acceptance by the Agency of the | ||||||
17 | proposed terms of the Compliance Commitment Agreement for the | ||||||
18 | violations alleged in the written notice issued under | ||||||
19 | subdivision (1) of this subsection (a) as contained within the | ||||||
20 | written response. | ||||||
21 | (10) If the person complained against complies with the | ||||||
22 | terms of a Compliance Commitment Agreement accepted pursuant | ||||||
23 | to this subsection (a), the Agency shall not refer the alleged | ||||||
24 | violations which are the subject of the Compliance Commitment | ||||||
25 | Agreement to the Office of the Illinois Attorney General or | ||||||
26 | the State's Attorney of the county in which the alleged |
| |||||||
| |||||||
1 | violation occurred. However, nothing in this subsection is | ||||||
2 | intended to preclude the Agency from continuing negotiations | ||||||
3 | with the person complained against or from proceeding pursuant | ||||||
4 | to the provisions of subsection (b) of this Section for | ||||||
5 | alleged violations that remain the subject of disagreement | ||||||
6 | between the Agency and the person complained against following | ||||||
7 | fulfillment of the requirements of this subsection (a). | ||||||
8 | (11) Nothing in this subsection (a) is intended to | ||||||
9 | preclude the person complained against from submitting to the | ||||||
10 | Agency, by certified mail, at any time, notification that the | ||||||
11 | person complained against consents to waiver of the | ||||||
12 | requirements of subsections (a) and (b) of this Section. | ||||||
13 | (12) The Agency shall have the authority to adopt rules | ||||||
14 | for the administration of this subsection (a) of this Section . | ||||||
15 | The rules shall be adopted in accordance with the provisions | ||||||
16 | of the Illinois Administrative Procedure Act. | ||||||
17 | (b) For alleged violations that remain the subject of | ||||||
18 | disagreement between the Agency and the person complained | ||||||
19 | against following fulfillment of the requirements of | ||||||
20 | subsection (a) of this Section, and for alleged violations of | ||||||
21 | the terms or conditions of a Compliance Commitment Agreement | ||||||
22 | entered into under subdivision (a)(7.5) of this Section as | ||||||
23 | well as the alleged violations that are the subject of the | ||||||
24 | Compliance Commitment Agreement, and as a precondition to the | ||||||
25 | Agency's referral or request to the Office of the Illinois | ||||||
26 | Attorney General or the State's Attorney of the county in |
| |||||||
| |||||||
1 | which the alleged violation occurred for legal representation | ||||||
2 | regarding an alleged violation that may be addressed pursuant | ||||||
3 | to subsection (c) or (d) of this Section or pursuant to Section | ||||||
4 | 42 of this Act, the Agency shall issue and serve, by certified | ||||||
5 | mail, upon the person complained against a written notice | ||||||
6 | informing that person that the Agency intends to pursue legal | ||||||
7 | action. Such notice shall notify the person complained against | ||||||
8 | of the violations to be alleged and offer the person an | ||||||
9 | opportunity to meet with appropriate Agency personnel in an | ||||||
10 | effort to resolve any alleged violations that could lead to | ||||||
11 | the filing of a formal complaint. The meeting with Agency | ||||||
12 | personnel shall be held within 30 days after receipt of notice | ||||||
13 | served pursuant to this subsection upon the person complained | ||||||
14 | against, unless the Agency agrees to a postponement or the | ||||||
15 | person notifies the Agency that he or she will not appear at a | ||||||
16 | meeting within the 30-day time period. Nothing in this | ||||||
17 | subsection is intended to preclude the Agency from following | ||||||
18 | the provisions of subsection (c) or (d) of this Section or from | ||||||
19 | requesting the legal representation of the Office of the | ||||||
20 | Illinois Attorney General or the State's Attorney of the | ||||||
21 | county in which the alleged violations occurred for alleged | ||||||
22 | violations which remain the subject of disagreement between | ||||||
23 | the Agency and the person complained against after the | ||||||
24 | provisions of this subsection are fulfilled. | ||||||
25 | (c)(1) For alleged violations which remain the subject of | ||||||
26 | disagreement between the Agency and the person complained |
| |||||||
| |||||||
1 | against following waiver pursuant to subdivision (10) of | ||||||
2 | subsection (a) of this Section or fulfillment of the | ||||||
3 | requirements of subsections (a) and (b) of this Section, the | ||||||
4 | Office of the Illinois Attorney General or the State's | ||||||
5 | Attorney of the county in which the alleged violation occurred | ||||||
6 | shall issue and serve upon the person complained against a | ||||||
7 | written notice, together with a formal complaint, which shall | ||||||
8 | specify the provision of the Act, rule, regulation, permit, or | ||||||
9 | term or condition thereof under which such person is said to be | ||||||
10 | in violation and a statement of the manner in and the extent to | ||||||
11 | which such person is said to violate the Act, rule, | ||||||
12 | regulation, permit, or term or condition thereof and shall | ||||||
13 | require the person so complained against to answer the charges | ||||||
14 | of such formal complaint at a hearing before the Board at a | ||||||
15 | time not less than 21 days after the date of notice by the | ||||||
16 | Board, except as provided in Section 34 of this Act. Such | ||||||
17 | complaint shall be accompanied by a notification to the | ||||||
18 | defendant that financing may be available, through the | ||||||
19 | Illinois Environmental Facilities Financing Act, to correct | ||||||
20 | such violation. A copy of such notice of such hearings shall | ||||||
21 | also be sent to any person who that has complained to the | ||||||
22 | Agency respecting the respondent within the six months | ||||||
23 | preceding the date of the complaint, and to any person in the | ||||||
24 | county in which the offending activity occurred that has | ||||||
25 | requested notice of enforcement proceedings; 21 days notice of | ||||||
26 | such hearings shall also be published in a newspaper of |
| |||||||
| |||||||
1 | general circulation in such county. The respondent may file a | ||||||
2 | written answer, and at such hearing the rules prescribed in | ||||||
3 | Sections 32 and 33 of this Act shall apply. In the case of | ||||||
4 | actual or threatened acts outside Illinois contributing to | ||||||
5 | environmental damage in Illinois, the extraterritorial | ||||||
6 | service-of-process provisions of Sections 2-208 and 2-209 of | ||||||
7 | the Code of Civil Procedure shall apply. | ||||||
8 | With respect to notices served pursuant to this subsection | ||||||
9 | (c)(1) that involve hazardous material or wastes in any | ||||||
10 | manner, the Agency shall annually publish a list of all such | ||||||
11 | notices served. The list shall include the date the | ||||||
12 | investigation commenced, the date notice was sent, the date | ||||||
13 | the matter was referred to the Attorney General, if | ||||||
14 | applicable, and the current status of the matter. | ||||||
15 | (2) Notwithstanding the provisions of subdivision (1) of | ||||||
16 | this subsection (c), whenever a complaint has been filed on | ||||||
17 | behalf of the Agency or by the People of the State of Illinois, | ||||||
18 | the parties may file with the Board a stipulation and proposal | ||||||
19 | for settlement accompanied by a request for relief from the | ||||||
20 | requirement of a hearing pursuant to subdivision (1). Unless | ||||||
21 | the Board, in its discretion, concludes that a hearing will be | ||||||
22 | held, the Board shall cause notice of the stipulation, | ||||||
23 | proposal and request for relief to be published and sent in the | ||||||
24 | same manner as is required for hearing pursuant to subdivision | ||||||
25 | (1) of this subsection. The notice shall include a statement | ||||||
26 | that any person may file a written demand for hearing within 21 |
| |||||||
| |||||||
1 | days after receiving the notice. If any person files a timely | ||||||
2 | written demand for hearing, the Board shall deny the request | ||||||
3 | for relief from a hearing and shall hold a hearing in | ||||||
4 | accordance with the provisions of subdivision (1). | ||||||
5 | (3) Notwithstanding the provisions of subdivision (1) of | ||||||
6 | this subsection (c), if the Agency becomes aware of a | ||||||
7 | violation of this Act arising from, or as a result of, | ||||||
8 | voluntary pollution prevention activities, the Agency shall | ||||||
9 | not proceed with the written notice required by subsection (a) | ||||||
10 | of this Section unless: | ||||||
11 | (A) the person fails to take corrective action or | ||||||
12 | eliminate the reported violation within a reasonable time; | ||||||
13 | or | ||||||
14 | (B) the Agency believes that the violation poses a | ||||||
15 | substantial and imminent danger to the public health or | ||||||
16 | welfare or the environment. For the purposes of this item | ||||||
17 | (B), "substantial and imminent danger" means a danger with | ||||||
18 | a likelihood of serious or irreversible harm. | ||||||
19 | (d)(1) Any person may file with the Board a complaint, | ||||||
20 | meeting the requirements of subsection (c) of this Section, | ||||||
21 | against any person allegedly violating this Act, any rule or | ||||||
22 | regulation adopted under this Act, any permit or term or | ||||||
23 | condition of a permit, or any Board order. The complainant | ||||||
24 | shall immediately serve a copy of such complaint upon the | ||||||
25 | person or persons named therein. Unless the Board determines | ||||||
26 | that such complaint is duplicative or frivolous, it shall |
| |||||||
| |||||||
1 | schedule a hearing and serve written notice thereof upon the | ||||||
2 | person or persons named therein, in accord with subsection (c) | ||||||
3 | of this Section. | ||||||
4 | (2) Whenever a complaint has been filed by a person other | ||||||
5 | than the Attorney General or the State's Attorney, the parties | ||||||
6 | may file with the Board a stipulation and proposal for | ||||||
7 | settlement accompanied by a request for relief from the | ||||||
8 | hearing requirement of subdivision (c)(1) of this Section. | ||||||
9 | Unless the Board, in its discretion, concludes that a hearing | ||||||
10 | should be held, no hearing on the stipulation and proposal for | ||||||
11 | settlement is required. | ||||||
12 | (e) In hearings before the Board under this Title the | ||||||
13 | burden shall be on the Agency or other complainant to show | ||||||
14 | either that the respondent has caused or threatened to cause | ||||||
15 | air or water pollution or that the respondent has violated or | ||||||
16 | threatens to violate any provision of this Act or any rule or | ||||||
17 | regulation of the Board or permit or term or condition | ||||||
18 | thereof. If such proof has been made, the burden shall be on | ||||||
19 | the respondent to show that compliance with the Board's | ||||||
20 | regulations would impose an arbitrary or unreasonable | ||||||
21 | hardship. | ||||||
22 | (f) The provisions of this Section shall not apply to | ||||||
23 | administrative citation actions commenced under Section 31.1 | ||||||
24 | of this Act. | ||||||
25 | (Source: P.A. 103-168, eff. 6-30-23; revised 9-20-23.)
|
| |||||||
| |||||||
1 | (415 ILCS 5/58.5) | ||||||
2 | Sec. 58.5. Risk-based remediation objectives. | ||||||
3 | (a) Determination of remediation objectives. This Section | ||||||
4 | establishes the procedures for determining risk-based | ||||||
5 | remediation objectives. | ||||||
6 | (b) Background area remediation objectives. | ||||||
7 | (1) Except as provided in subdivisions (b)(2) or | ||||||
8 | (b)(3) of this Section, remediation objectives established | ||||||
9 | under this Section shall not require remediation of | ||||||
10 | regulated substances to levels that are less than area | ||||||
11 | background levels. | ||||||
12 | (2) In the event that the concentration of a regulated | ||||||
13 | substance of concern on the site exceeds a remediation | ||||||
14 | objective adopted by the Board for residential land use, | ||||||
15 | the property may not be converted to residential use | ||||||
16 | unless such remediation objective or an alternate | ||||||
17 | risk-based remediation objective for that regulated | ||||||
18 | substance of concern is first achieved. | ||||||
19 | (3) In the event that the Agency has determined in | ||||||
20 | writing that the background level for a regulated | ||||||
21 | substance poses an acute threat to human health or the | ||||||
22 | environment at the site when considering the post-remedial | ||||||
23 | action land use, the RA shall develop appropriate | ||||||
24 | risk-based remediation objectives in accordance with this | ||||||
25 | Section. | ||||||
26 | (c) Regulations establishing remediation objectives and |
| |||||||
| |||||||
1 | methodologies for deriving remediation objectives for | ||||||
2 | individual or classes of regulated substances shall be adopted | ||||||
3 | by the Board in accordance with this Section and Section | ||||||
4 | 58.11. | ||||||
5 | (1) The regulations shall provide for the adoption of | ||||||
6 | a three-tiered process for an a RA to establish | ||||||
7 | remediation objectives protective of human health and the | ||||||
8 | environment based on identified risks and specific site | ||||||
9 | characteristics at and around the site. | ||||||
10 | (2) The regulations shall provide procedures for using | ||||||
11 | alternative tiers in developing remediation objectives for | ||||||
12 | multiple regulated substances. | ||||||
13 | (3) The regulations shall provide procedures for | ||||||
14 | determining area background contaminant levels. | ||||||
15 | (4) The methodologies adopted under this Section shall | ||||||
16 | ensure that the following factors are taken into account | ||||||
17 | in determining remediation objectives: | ||||||
18 | (A) potential risks posed by carcinogens and | ||||||
19 | noncarcinogens; and | ||||||
20 | (B) the presence of multiple substances of concern | ||||||
21 | and multiple exposure pathways. | ||||||
22 | (d) In developing remediation objectives under subsection | ||||||
23 | (c) of this Section, the methodology proposed and adopted | ||||||
24 | shall establish tiers addressing manmade and natural pathways | ||||||
25 | of exposure, including , but not limited to , human ingestion, | ||||||
26 | human inhalation, and groundwater protection. For carcinogens, |
| |||||||
| |||||||
1 | soil and groundwater remediation objectives shall be | ||||||
2 | established at exposures that represent an excess upper-bound | ||||||
3 | lifetime risk of between 1 in 10,000 and 1 in 1,000,000 as | ||||||
4 | appropriate for the post-remedial action use, except that | ||||||
5 | remediation objectives protecting residential use shall be | ||||||
6 | based on exposures that represent an excess upper-bound | ||||||
7 | lifetime risk of 1 in 1,000,000. No groundwater remediation | ||||||
8 | objective adopted pursuant to this Section shall be more | ||||||
9 | restrictive than the applicable Class I or Class III | ||||||
10 | Groundwater Quality Standard adopted by the Board. At a | ||||||
11 | minimum, the objectives shall include the following: | ||||||
12 | (1) Tier I remediation objectives expressed as a table | ||||||
13 | of numeric values for soil and groundwater. Such | ||||||
14 | objectives may be of different values dependent on | ||||||
15 | potential pathways at the site and different land uses, | ||||||
16 | including residential and nonresidential uses. | ||||||
17 | (2) Tier II remediation objectives shall include the | ||||||
18 | formulae and equations used to derive the Tier II | ||||||
19 | objectives and input variables for use in the formulae. | ||||||
20 | The RA may alter the input variables when it is | ||||||
21 | demonstrated that the specific circumstances at and around | ||||||
22 | the site including land uses warrant such alternate | ||||||
23 | variables. | ||||||
24 | (3) Tier III remediation objectives shall include | ||||||
25 | methodologies to allow for the development of | ||||||
26 | site-specific risk-based remediation objectives for soil |
| |||||||
| |||||||
1 | or groundwater, or both, for regulated substances. Such | ||||||
2 | methodology shall allow for different remediation | ||||||
3 | objectives for residential and various categories of | ||||||
4 | non-residential land uses. The Board's future adoption of | ||||||
5 | a methodology pursuant to this Section shall in no way | ||||||
6 | preclude the use of a nationally recognized methodology to | ||||||
7 | be used for the development of site-specific risk-based | ||||||
8 | objectives for regulated substances under this Section. In | ||||||
9 | determining Tier III remediation objectives under this | ||||||
10 | subsection, all of the following factors shall be | ||||||
11 | considered: | ||||||
12 | (A) The use of specific site characteristic data. | ||||||
13 | (B) The use of appropriate exposure factors for | ||||||
14 | the current and currently planned future land use of | ||||||
15 | the site and adjacent property and the effectiveness | ||||||
16 | of engineering, institutional, or legal controls | ||||||
17 | placed on the current or future use of the site. | ||||||
18 | (C) The use of appropriate statistical | ||||||
19 | methodologies to establish statistically valid | ||||||
20 | remediation objectives. | ||||||
21 | (D) The actual and potential impact of regulated | ||||||
22 | substances to receptors. | ||||||
23 | (4) For regulated substances that have a groundwater | ||||||
24 | quality standard established pursuant to the Illinois | ||||||
25 | Groundwater Protection Act and rules promulgated | ||||||
26 | thereunder, site specific groundwater remediation |
| |||||||
| |||||||
1 | objectives may be proposed under the methodology | ||||||
2 | established in subdivision (d)(3) of this Section at | ||||||
3 | values greater than the groundwater quality standards. | ||||||
4 | (A) The RA proposing any site specific groundwater | ||||||
5 | remediation objective at a value greater than the | ||||||
6 | applicable groundwater quality standard shall | ||||||
7 | demonstrate: | ||||||
8 | (i) To the extent practical, the exceedance of | ||||||
9 | the groundwater quality standard has been | ||||||
10 | minimized and beneficial use appropriate to the | ||||||
11 | groundwater that was impacted has been returned; | ||||||
12 | and | ||||||
13 | (ii) Any threat to human health or the | ||||||
14 | environment has been minimized. | ||||||
15 | (B) The rules proposed by the Agency and adopted | ||||||
16 | by the Board under this Section shall include criteria | ||||||
17 | required for the demonstration of the suitability of | ||||||
18 | groundwater objectives proposed under subdivision (b) | ||||||
19 | (4) (A) of this Section. | ||||||
20 | (e) The rules proposed by the Agency and adopted by the | ||||||
21 | Board under this Section shall include conditions for the | ||||||
22 | establishment and duration of groundwater management zones by | ||||||
23 | rule, as appropriate, at sites undergoing remedial action | ||||||
24 | under this Title. | ||||||
25 | (f) Until such time as the Board adopts remediation | ||||||
26 | objectives under this Section, the remediation objectives |
| |||||||
| |||||||
1 | adopted by the Board under Title XVI of this Act shall apply to | ||||||
2 | all environmental assessments and soil or groundwater remedial | ||||||
3 | action conducted under this Title. | ||||||
4 | (Source: P.A. 91-909, eff. 7-7-00; revised 9-20-23.)
| ||||||
5 | (415 ILCS 5/58.6) | ||||||
6 | Sec. 58.6. Remedial investigations and reports. | ||||||
7 | (a) Any RA who proceeds under this Title may elect to seek | ||||||
8 | review and approval for any of the remediation objectives | ||||||
9 | provided in Section 58.5 for any or all regulated substances | ||||||
10 | of concern. The RA shall conduct investigations and remedial | ||||||
11 | activities for regulated substances of concern and prepare | ||||||
12 | plans and reports in accordance with this Section and rules | ||||||
13 | adopted hereunder. The RA shall submit the plans and reports | ||||||
14 | for review and approval in accordance with Section 58.7. All | ||||||
15 | investigations, plans, and reports conducted or prepared under | ||||||
16 | this Section shall be under the supervision of a Licensed | ||||||
17 | Professional Engineer (LPE) or, in the case of a site | ||||||
18 | investigation only, a Licensed Professional Geologist in | ||||||
19 | accordance with the requirements of this Title. | ||||||
20 | (b) (1) Site investigation and Site Investigation Report. | ||||||
21 | (1) The RA shall conduct a site investigation to | ||||||
22 | determine the significant physical features of the site | ||||||
23 | and vicinity that may affect contaminant transport and | ||||||
24 | risk to human health, safety, and the environment and to | ||||||
25 | determine the nature, concentration, direction and rate of |
| |||||||
| |||||||
1 | movement, and extent of the contamination at the site. | ||||||
2 | (2) The RA shall compile the results of the | ||||||
3 | investigations into a Site Investigation Report. At a | ||||||
4 | minimum, the reports shall include the following, as | ||||||
5 | applicable: | ||||||
6 | (A) Executive summary; | ||||||
7 | (B) Site history; | ||||||
8 | (C) Site-specific sampling methods and results; | ||||||
9 | (D) Documentation of field activities, including | ||||||
10 | quality assurance project plan; | ||||||
11 | (E) Interpretation of results; and | ||||||
12 | (F) Conclusions. | ||||||
13 | (c) Remediation Objectives Report. | ||||||
14 | (1) If an a RA elects to determine remediation | ||||||
15 | objectives appropriate for the site using the Tier II or | ||||||
16 | Tier III procedures under subsection (d) of Section 58.5, | ||||||
17 | the RA shall develop such remediation objectives based on | ||||||
18 | site-specific information. In support of such remediation | ||||||
19 | objectives, the RA shall prepare a Remediation Objectives | ||||||
20 | Report demonstrating how the site-specific objectives were | ||||||
21 | calculated or otherwise determined. | ||||||
22 | (2) If an a RA elects to determine remediation | ||||||
23 | objectives appropriate for the site using the area | ||||||
24 | background procedures under subsection (b) of Section | ||||||
25 | 58.5, the RA shall develop such remediation objectives | ||||||
26 | based on site-specific literature review, sampling |
| |||||||
| |||||||
1 | protocol, or appropriate statistical methods in accordance | ||||||
2 | with Board rules. In support of such remediation | ||||||
3 | objectives, the RA shall prepare a Remediation Objectives | ||||||
4 | Report demonstrating how the area background remediation | ||||||
5 | objectives were determined. | ||||||
6 | (d) Remedial Action Plan. If the approved remediation | ||||||
7 | objectives for any regulated substance established under | ||||||
8 | Section 58.5 are less than the levels existing at the site | ||||||
9 | prior to any remedial action, the RA shall prepare a Remedial | ||||||
10 | Action Plan. The Remedial Action Plan shall describe the | ||||||
11 | selected remedy and evaluate its ability and effectiveness to | ||||||
12 | achieve the remediation objectives approved for the site. At a | ||||||
13 | minimum, the reports shall include the following, as | ||||||
14 | applicable: | ||||||
15 | (1) Executive summary; | ||||||
16 | (2) Statement of remediation objectives; | ||||||
17 | (3) Remedial technologies selected; | ||||||
18 | (4) Confirmation sampling plan; | ||||||
19 | (5) Current and projected future use of the property; | ||||||
20 | and | ||||||
21 | (6) Applicable preventive, engineering, and | ||||||
22 | institutional controls including long-term reliability, | ||||||
23 | operating, and maintenance plans, and monitoring | ||||||
24 | procedures. | ||||||
25 | (e) Remedial Action Completion Report. | ||||||
26 | (1) Upon completion of the Remedial Action Plan, the |
| |||||||
| |||||||
1 | RA shall prepare a Remedial Action Completion Report. The | ||||||
2 | report shall demonstrate whether the remedial action was | ||||||
3 | completed in accordance with the approved Remedial Action | ||||||
4 | Plan and whether the remediation objectives, as well as | ||||||
5 | any other requirements of the plan, have been attained. | ||||||
6 | (2) If the approved remediation objectives for the | ||||||
7 | regulated substances of concern established under Section | ||||||
8 | 58.5 are equal to or above the levels existing at the site | ||||||
9 | prior to any remedial action, notification and | ||||||
10 | documentation of such shall constitute the entire Remedial | ||||||
11 | Action Completion Report for purposes of this Title. | ||||||
12 | (f) Ability to proceed. The RA may elect to prepare and | ||||||
13 | submit for review and approval any and all reports or plans | ||||||
14 | required under the provisions of this Section individually, | ||||||
15 | following completion of each such activity; concurrently, | ||||||
16 | following completion of all activities; or in any other | ||||||
17 | combination. In any event, the review and approval process | ||||||
18 | shall proceed in accordance with Section 58.7 and rules | ||||||
19 | adopted thereunder. | ||||||
20 | (g) Nothing in this Section shall prevent an RA from | ||||||
21 | implementing or conducting an interim or any other remedial | ||||||
22 | measure prior to election to proceed under Section 58.6. | ||||||
23 | (h) In accordance with Section 58.11, the Agency shall | ||||||
24 | propose and the Board shall adopt rules to carry out the | ||||||
25 | purposes of this Section. | ||||||
26 | (Source: P.A. 92-735, eff. 7-25-02; revised 9-20-23.)
|
| |||||||
| |||||||
1 | (415 ILCS 5/58.7) | ||||||
2 | Sec. 58.7. Review and approvals. | ||||||
3 | (a) Requirements. All plans and reports that are submitted | ||||||
4 | pursuant to this Title shall be submitted for review or | ||||||
5 | approval in accordance with this Section. | ||||||
6 | (b) Review and evaluation by the Agency. | ||||||
7 | (1) Except for sites excluded under subdivision (a)(2) | ||||||
8 | of Section 58.1, the Agency shall, subject to available | ||||||
9 | resources, agree to provide review and evaluation services | ||||||
10 | for activities carried out pursuant to this Title for | ||||||
11 | which the RA requested the services in writing. As a | ||||||
12 | condition for providing such services, the Agency may | ||||||
13 | require that the RA for a site: | ||||||
14 | (A) Conform with the procedures of this Title; | ||||||
15 | (B) Allow for or otherwise arrange site visits or | ||||||
16 | other site evaluation by the Agency when so requested; | ||||||
17 | (C) Agree to perform the Remedial Action Plan as | ||||||
18 | approved under this Title; | ||||||
19 | (D) Agree to pay any reasonable costs incurred and | ||||||
20 | documented by the Agency in providing such services; | ||||||
21 | (E) Make an advance partial payment to the Agency | ||||||
22 | for such anticipated services in the amount of $2,500; | ||||||
23 | and | ||||||
24 | (F) Demonstrate, if necessary, authority to act on | ||||||
25 | behalf of or in lieu of the owner or operator. |
| |||||||
| |||||||
1 | (2) Any moneys received by the State for costs | ||||||
2 | incurred by the Agency in performing review or evaluation | ||||||
3 | services for actions conducted pursuant to this Title | ||||||
4 | shall be deposited in the Hazardous Waste Fund. | ||||||
5 | (3) An RA requesting services under subdivision (b) | ||||||
6 | (1) of this Section may, at any time, notify the Agency, in | ||||||
7 | writing, that Agency services previously requested are no | ||||||
8 | longer wanted. Within 180 days after receipt of the | ||||||
9 | notice, the Agency shall provide the RA with a final | ||||||
10 | invoice for services provided until the date of such | ||||||
11 | notifications. | ||||||
12 | (4) The Agency may invoice or otherwise request or | ||||||
13 | demand payment from an a RA for costs incurred by the | ||||||
14 | Agency in performing review or evaluation services for | ||||||
15 | actions by the RA at sites only if: | ||||||
16 | (A) The Agency has incurred costs in performing | ||||||
17 | response actions, other than review or evaluation | ||||||
18 | services, due to the failure of the RA to take response | ||||||
19 | action in accordance with a notice issued pursuant to | ||||||
20 | this Act; | ||||||
21 | (B) The RA has agreed in writing to the payment of | ||||||
22 | such costs; | ||||||
23 | (C) The RA has been ordered to pay such costs by | ||||||
24 | the Board or a court of competent jurisdiction | ||||||
25 | pursuant to this Act; or | ||||||
26 | (D) The RA has requested or has consented to |
| |||||||
| |||||||
1 | Agency review or evaluation services under subdivision | ||||||
2 | (b)(1) of this Section. | ||||||
3 | (5) The Agency may, subject to available resources, | ||||||
4 | agree to provide review and evaluation services for | ||||||
5 | response actions if there is a written agreement among | ||||||
6 | parties to a legal action or if a notice to perform a | ||||||
7 | response action has been issued by the Agency. | ||||||
8 | (c) Review and evaluation by a RELPEG. An A RA may elect to | ||||||
9 | contract with a Licensed Professional Engineer or, in the case | ||||||
10 | of a site investigation report only, a Licensed Professional | ||||||
11 | Geologist, who will perform review and evaluation services on | ||||||
12 | behalf of and under the direction of the Agency relative to the | ||||||
13 | site activities. | ||||||
14 | (1) Prior to entering into the contract with the | ||||||
15 | RELPEG, the RA shall notify the Agency of the RELPEG to be | ||||||
16 | selected. The Agency and the RA shall discuss the | ||||||
17 | potential terms of the contract. | ||||||
18 | (2) At a minimum, the contract with the RELPEG shall | ||||||
19 | provide that the RELPEG will submit any reports directly | ||||||
20 | to the Agency, will take his or her directions for work | ||||||
21 | assignments from the Agency, and will perform the assigned | ||||||
22 | work on behalf of the Agency. | ||||||
23 | (3) Reasonable costs incurred by the Agency shall be | ||||||
24 | paid by the RA directly to the Agency in accordance with | ||||||
25 | the terms of the review and evaluation services agreement | ||||||
26 | entered into under subdivision (b)(1) of Section 58.7. |
| |||||||
| |||||||
1 | (4) In no event shall the RELPEG acting on behalf of | ||||||
2 | the Agency be an employee of the RA or the owner or | ||||||
3 | operator of the site or be an employee of any other person | ||||||
4 | the RA has contracted to provide services relative to the | ||||||
5 | site. | ||||||
6 | (d) Review and approval. All reviews required under this | ||||||
7 | Title shall be carried out by the Agency or a RELPEG contracted | ||||||
8 | by the RA pursuant to subsection (c). | ||||||
9 | (1) All review activities conducted by the Agency or a | ||||||
10 | RELPEG shall be carried out in conformance with this Title | ||||||
11 | and rules promulgated under Section 58.11. | ||||||
12 | (2) Subject to the limitations in subsection (c) and | ||||||
13 | this subsection (d), the specific plans, reports, and | ||||||
14 | activities that the Agency or a RELPEG may review include: | ||||||
15 | (A) Site Investigation Reports and related | ||||||
16 | activities; | ||||||
17 | (B) Remediation Objectives Reports; | ||||||
18 | (C) Remedial Action Plans and related activities; | ||||||
19 | and | ||||||
20 | (D) Remedial Action Completion Reports and related | ||||||
21 | activities. | ||||||
22 | (3) Only the Agency shall have the authority to | ||||||
23 | approve, disapprove, or approve with conditions a plan or | ||||||
24 | report as a result of the review process including those | ||||||
25 | plans and reports reviewed by a RELPEG. If the Agency | ||||||
26 | disapproves a plan or report or approves a plan or report |
| |||||||
| |||||||
1 | with conditions, the written notification required by | ||||||
2 | subdivision (d)(4) of this Section shall contain the | ||||||
3 | following information, as applicable: | ||||||
4 | (A) An explanation of the Sections of this Title | ||||||
5 | that may be violated if the plan or report was | ||||||
6 | approved; | ||||||
7 | (B) An explanation of the provisions of the rules | ||||||
8 | promulgated under this Title that may be violated if | ||||||
9 | the plan or report was approved; | ||||||
10 | (C) An explanation of the specific type of | ||||||
11 | information, if any, that the Agency deems the | ||||||
12 | applicant did not provide the Agency; | ||||||
13 | (D) A statement of specific reasons why the Title | ||||||
14 | and regulations might not be met if the plan or report | ||||||
15 | were approved; and | ||||||
16 | (E) An explanation of the reasons for conditions | ||||||
17 | if conditions are required. | ||||||
18 | (4) Upon approving, disapproving, or approving with | ||||||
19 | conditions a plan or report, the Agency shall notify the | ||||||
20 | RA in writing of its decision. In the case of approval or | ||||||
21 | approval with conditions of a Remedial Action Completion | ||||||
22 | Report, the Agency shall prepare a No Further Remediation | ||||||
23 | Letter that meets the requirements of Section 58.10 and | ||||||
24 | send a copy of the letter to the RA. | ||||||
25 | (5) All reviews undertaken by the Agency or a RELPEG | ||||||
26 | shall be completed and the decisions communicated to the |
| |||||||
| |||||||
1 | RA within 60 days of the request for review or approval of | ||||||
2 | a single plan or report and within 90 days after the | ||||||
3 | request for review or approval of 2 or more plans or | ||||||
4 | reports submitted concurrently. The RA may waive the | ||||||
5 | deadline upon a request from the Agency. If the Agency | ||||||
6 | disapproves or approves with conditions a plan or report | ||||||
7 | or fails to issue a final decision within the applicable | ||||||
8 | 60-day or 90-day period and the RA has not agreed to a | ||||||
9 | waiver of the deadline, the RA may, within 35 days, file an | ||||||
10 | appeal to the Board. Appeals to the Board shall be in the | ||||||
11 | manner provided for the review of permit decisions in | ||||||
12 | Section 40 of this Act. | ||||||
13 | (e) Standard of review. In making determinations, the | ||||||
14 | following factors, and additional factors as may be adopted by | ||||||
15 | the Board in accordance with Section 58.11, shall be | ||||||
16 | considered by the Agency when reviewing or approving plans, | ||||||
17 | reports, and related activities, or the RELPEG, when reviewing | ||||||
18 | plans, reports, and related activities: | ||||||
19 | (1) Site Investigation Reports and related activities: | ||||||
20 | Whether investigations have been conducted and the results | ||||||
21 | compiled in accordance with the appropriate procedures and | ||||||
22 | whether the interpretations and conclusions reached are | ||||||
23 | supported by the information gathered. In making the | ||||||
24 | determination, the following factors shall be considered: | ||||||
25 | (A) The adequacy of the description of the site | ||||||
26 | and site characteristics that were used to evaluate |
| |||||||
| |||||||
1 | the site; | ||||||
2 | (B) The adequacy of the investigation of potential | ||||||
3 | pathways and risks to receptors identified at the | ||||||
4 | site; and | ||||||
5 | (C) The appropriateness of the sampling and | ||||||
6 | analysis used. | ||||||
7 | (2) Remediation Objectives Reports: Whether the | ||||||
8 | remediation objectives are consistent with the | ||||||
9 | requirements of the applicable method for selecting or | ||||||
10 | determining remediation objectives under Section 58.5. In | ||||||
11 | making the determination, the following factors shall be | ||||||
12 | considered: | ||||||
13 | (A) If the objectives were based on the | ||||||
14 | determination of area background levels under | ||||||
15 | subsection (b) of Section 58.5, whether the review of | ||||||
16 | current and historic conditions at or in the immediate | ||||||
17 | vicinity of the site has been thorough and whether the | ||||||
18 | site sampling and analysis has been performed in a | ||||||
19 | manner resulting in accurate determinations; | ||||||
20 | (B) If the objectives were calculated on the basis | ||||||
21 | of predetermined equations using site specific data, | ||||||
22 | whether the calculations were accurately performed and | ||||||
23 | whether the site specific data reflect actual site | ||||||
24 | conditions; and | ||||||
25 | (C) If the objectives were determined using a site | ||||||
26 | specific risk assessment procedure, whether the |
| |||||||
| |||||||
1 | procedure used is nationally recognized and accepted, | ||||||
2 | whether the calculations were accurately performed, | ||||||
3 | and whether the site specific data reflect actual site | ||||||
4 | conditions. | ||||||
5 | (3) Remedial Action Plans and related activities: | ||||||
6 | Whether the plan will result in compliance with this | ||||||
7 | Title, and rules adopted under it and attainment of the | ||||||
8 | applicable remediation objectives. In making the | ||||||
9 | determination, the following factors shall be considered: | ||||||
10 | (A) The likelihood that the plan will result in | ||||||
11 | the attainment of the applicable remediation | ||||||
12 | objectives; | ||||||
13 | (B) Whether the activities proposed are consistent | ||||||
14 | with generally accepted engineering practices; and | ||||||
15 | (C) The management of risk relative to any | ||||||
16 | remaining contamination, including , but not limited | ||||||
17 | to, provisions for the long-term enforcement, | ||||||
18 | operation, and maintenance of institutional and | ||||||
19 | engineering controls, if relied on. | ||||||
20 | (4) Remedial Action Completion Reports and related | ||||||
21 | activities: Whether the remedial activities have been | ||||||
22 | completed in accordance with the approved Remedial Action | ||||||
23 | Plan and whether the applicable remediation objectives | ||||||
24 | have been attained. | ||||||
25 | (f) All plans and reports submitted for review shall | ||||||
26 | include a Licensed Professional Engineer's certification that |
| |||||||
| |||||||
1 | all investigations and remedial activities were carried out | ||||||
2 | under his or her direction and, to the best of his or her | ||||||
3 | knowledge and belief, the work described in the plan or report | ||||||
4 | has been completed in accordance with generally accepted | ||||||
5 | engineering practices, and the information presented is | ||||||
6 | accurate and complete. In the case of a site investigation | ||||||
7 | report prepared or supervised by a Licensed Professional | ||||||
8 | Geologist, the required certification may be made by the | ||||||
9 | Licensed Professional Geologist (rather than a Licensed | ||||||
10 | Professional Engineer) and based upon generally accepted | ||||||
11 | principles of professional geology. | ||||||
12 | (g) In accordance with Section 58.11, the Agency shall | ||||||
13 | propose and the Board shall adopt rules to carry out the | ||||||
14 | purposes of this Section. At a minimum, the rules shall detail | ||||||
15 | the types of services the Agency may provide in response to | ||||||
16 | requests under subdivision (b)(1) of this Section and the | ||||||
17 | recordkeeping it will utilize in documenting to the RA the | ||||||
18 | costs incurred by the Agency in providing such services. | ||||||
19 | (h) Public participation. | ||||||
20 | (1) The Agency shall develop guidance to assist RAs | ||||||
21 | RA's in the implementation of a community relations plan | ||||||
22 | to address activity at sites undergoing remedial action | ||||||
23 | pursuant to this Title. | ||||||
24 | (2) The RA may elect to enter into a services | ||||||
25 | agreement with the Agency for Agency assistance in | ||||||
26 | community outreach efforts. |
| |||||||
| |||||||
1 | (3) The Agency shall maintain a registry listing those | ||||||
2 | sites undergoing remedial action pursuant to this Title. | ||||||
3 | (4) Notwithstanding any provisions of this Section, | ||||||
4 | the RA of a site undergoing remedial activity pursuant to | ||||||
5 | this Title may elect to initiate a community outreach | ||||||
6 | effort for the site. | ||||||
7 | (i) Notwithstanding any other provision of this Title, the | ||||||
8 | Agency is not required to take action on any submission under | ||||||
9 | this Title from or on behalf of an RA if the RA has failed to | ||||||
10 | pay all fees due pursuant to an invoice or other request or | ||||||
11 | demand for payment under this Title. Any deadline for Agency | ||||||
12 | action on such a submission shall be tolled until the fees due | ||||||
13 | are paid in full. | ||||||
14 | (Source: P.A. 103-172, eff. 1-1-24; revised 1-2-24.)
| ||||||
15 | Section 505. The Illinois Pesticide Act is amended by | ||||||
16 | changing Section 24.1 as follows:
| ||||||
17 | (415 ILCS 60/24.1) (from Ch. 5, par. 824.1) | ||||||
18 | Sec. 24.1. Administrative actions and penalties. | ||||||
19 | (1) The Director is authorized after an opportunity for an | ||||||
20 | administrative hearing to suspend, revoke, or modify any | ||||||
21 | license, permit, special order, registration, or certification | ||||||
22 | issued under this Act. This action may be taken in addition to | ||||||
23 | or in lieu of monetary penalties assessed as set forth in this | ||||||
24 | Section. When it is in the interest of the people of the State |
| |||||||
| |||||||
1 | of Illinois, the Director may, upon good and sufficient | ||||||
2 | evidence, suspend the registration, license, or permit until a | ||||||
3 | hearing has been held. In such cases, the Director shall issue | ||||||
4 | an order in writing setting forth the reasons for the | ||||||
5 | suspension. Such order shall be served personally on the | ||||||
6 | person or by registered or certified mail sent to the person's | ||||||
7 | business address as shown in the latest notification to the | ||||||
8 | Department. When such an order has been issued by the | ||||||
9 | Director, the person may request an immediate hearing. | ||||||
10 | (2) Before initiating hearing proceedings, the Director | ||||||
11 | may issue an advisory letter to a violator of this Act or its | ||||||
12 | rules and regulations when the violation points total 6 or | ||||||
13 | less, as determined by the Department by the Use and Violation | ||||||
14 | Criteria established in this Section. When the Department | ||||||
15 | determines that the violation points total more than 6 but not | ||||||
16 | more than 13, the Director shall issue a warning letter to the | ||||||
17 | violator. | ||||||
18 | (3) The hearing officer upon determination of a violation | ||||||
19 | or violations shall assess one or more of the following | ||||||
20 | penalties: | ||||||
21 | (A) For any person applying pesticides without a | ||||||
22 | license or misrepresenting certification or failing to | ||||||
23 | comply with conditions of an agrichemical facility permit | ||||||
24 | or failing to comply with the conditions of a written | ||||||
25 | authorization for land application of agrichemical | ||||||
26 | contaminated soils or groundwater, a penalty of $500 shall |
| |||||||
| |||||||
1 | be assessed for the first offense and $1,000 for the | ||||||
2 | second and subsequent offenses. | ||||||
3 | (B) For violations of a stop use order imposed by the | ||||||
4 | Director, the penalty shall be $2500. | ||||||
5 | (C) For violations of a stop sale order imposed by the | ||||||
6 | Director, the penalty shall be $1500 for each individual | ||||||
7 | item of the product found in violation of the order. | ||||||
8 | (D) For selling restricted use pesticides to a | ||||||
9 | non-certified applicator the penalty shall be $1000. | ||||||
10 | (E) For selling restricted use pesticides without a | ||||||
11 | dealer's license the penalty shall be $1,000. | ||||||
12 | (F) For constructing or operating without an | ||||||
13 | agrichemical facility permit after receiving written | ||||||
14 | notification, the penalty shall be $500 for the first | ||||||
15 | offense and $1,000 for the second and subsequent offenses. | ||||||
16 | (F-5) For any person found by the Department to have | ||||||
17 | committed a use inconsistent with the label, as defined in | ||||||
18 | subsection 40 of Section 4, that results in human exposure | ||||||
19 | to a pesticide, the penalty shall be assessed in | ||||||
20 | accordance with this paragraph (F-5). The Department shall | ||||||
21 | impose a penalty under this paragraph (F-5) only if it | ||||||
22 | represents an amount greater than the penalty assessed | ||||||
23 | under paragraph subparagraph (G). The amount of the | ||||||
24 | penalty under this paragraph (F-5) is calculated as | ||||||
25 | follows: | ||||||
26 | (a) If fewer than 3 humans are exposed, then the |
| ||||||||||||||||||||||
| ||||||||||||||||||||||
1 | penalty shall be $500 for each human exposed. | |||||||||||||||||||||
2 | (b) If 3 or more humans but fewer than 5 humans are | |||||||||||||||||||||
3 | exposed, then the penalty shall be $750 for each human | |||||||||||||||||||||
4 | exposed. | |||||||||||||||||||||
5 | (c) If 5 or more humans are exposed, then the | |||||||||||||||||||||
6 | penalty shall be $1,250 for each human exposed. | |||||||||||||||||||||
7 | If a penalty is imposed under this paragraph (F-5), | |||||||||||||||||||||
8 | the Department shall redetermine the total violation | |||||||||||||||||||||
9 | points under subsection (4), less any points under | |||||||||||||||||||||
10 | subsection (4) stemming from human exposure, and impose | |||||||||||||||||||||
11 | any additional penalty under paragraph subparagraph (G) | |||||||||||||||||||||
12 | based on the new total. The reassessed total shall not | |||||||||||||||||||||
13 | affect any determination under subsection (2); any | |||||||||||||||||||||
14 | determination under subsection (2) shall be determined by | |||||||||||||||||||||
15 | the full application of points under subsection (4). | |||||||||||||||||||||
16 | (G) For violations of the Act and rules and | |||||||||||||||||||||
17 | regulations, administrative penalties will be based upon | |||||||||||||||||||||
18 | the total violation points as determined by the Use and | |||||||||||||||||||||
19 | Violation Criteria as set forth in subsection paragraph | |||||||||||||||||||||
20 | (4) of this Section. The monetary penalties shall be as | |||||||||||||||||||||
21 | follows: | |||||||||||||||||||||
|
| ||||||||||
| ||||||||||
| ||||||||||
3 | (4) Subject to paragraph (F-5), the following Use and | |||||||||
4 | Violation Criteria establishes the point value which shall be | |||||||||
5 | compiled to determine the total violation points and | |||||||||
6 | administrative actions or monetary penalties to be imposed as | |||||||||
7 | set forth in paragraph (3)(G) of this Section: | |||||||||
8 | (A) Point values shall be assessed upon the harm or | |||||||||
9 | loss incurred. | |||||||||
10 | (1) A point value of 1 shall be assessed for the | |||||||||
11 | following: | |||||||||
12 | (a) Exposure to a pesticide by plants, animals | |||||||||
13 | or humans with no symptoms or damage noted. | |||||||||
14 | (b) Fraudulent sales practices or | |||||||||
15 | representations with no apparent monetary losses | |||||||||
16 | involved. | |||||||||
17 | (2) A point value of 2 shall be assessed for | |||||||||
18 | exposure the following: (a) Exposure to a pesticide | |||||||||
19 | which resulted in: | |||||||||
20 | (a) (1) Plants or property showing signs of | |||||||||
21 | damage , including , but not limited to , leaf curl, | |||||||||
22 | burning, wilting, spotting, discoloration, or | |||||||||
23 | dying. | |||||||||
24 | (b) (2) Garden produce or an agricultural crop | |||||||||
25 | not being harvested on schedule. | |||||||||
26 | (c) (3) Fraudulent sales practices or |
| |||||||
| |||||||
1 | representations resulting in losses under $500. | ||||||
2 | (3) A point value of 4 shall be assessed for the | ||||||
3 | following: | ||||||
4 | (a) Exposure to a pesticide resulting in a | ||||||
5 | human experiencing headaches, nausea, eye | ||||||
6 | irritation , and such other symptoms which | ||||||
7 | persisted less than 3 days. | ||||||
8 | (b) Plant or property damage resulting in a | ||||||
9 | loss below $1000. | ||||||
10 | (c) Animals exhibiting symptoms of pesticide | ||||||
11 | poisoning , including , but not limited to , eye or | ||||||
12 | skin irritations or lack of coordination. | ||||||
13 | (d) Death to less than 5 animals. | ||||||
14 | (e) Fraudulent sales practices or | ||||||
15 | representations resulting in losses from $500 to | ||||||
16 | $2000. | ||||||
17 | (4) A point value of 6 shall be assessed for the | ||||||
18 | following: | ||||||
19 | (a) Exposure to a pesticide resulting in a | ||||||
20 | human experiencing headaches, nausea, eye | ||||||
21 | irritation , and such other symptoms which | ||||||
22 | persisted 3 or more days. | ||||||
23 | (b) Plant or property damage resulting in a | ||||||
24 | loss of $1000 or more. | ||||||
25 | (c) Death to 5 or more animals. | ||||||
26 | (d) Fraudulent sales practices or |
| ||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||
1 | representations resulting in losses over $2000. | |||||||||||||||||||||||||||||||||||
2 | (B) Point values shall be assessed based upon the | |||||||||||||||||||||||||||||||||||
3 | signal word on the label of the chemical involved: | |||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||
8 | (C) Point values shall be assessed based upon the | |||||||||||||||||||||||||||||||||||
9 | degree of responsibility. | |||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||
15 | (D) Point values shall be assessed based upon the | |||||||||||||||||||||||||||||||||||
16 | violator's history for the previous 3 years: | |||||||||||||||||||||||||||||||||||
|
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
1 | (E) Point values shall be assessed based upon the | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
2 | violation type: | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
3 | (1) Application Oriented: | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
8 | Use contrary to label directions: | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
| ||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||
1 | (2) Product Oriented: | |||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||
13 | (5) Any penalty not paid within 60 days of notice from | |||||||||||||||||||||||||||||||||||||||||||||
14 | the Department shall be submitted to the Attorney | |||||||||||||||||||||||||||||||||||||||||||||
15 | General's Office for collection. Failure to pay a penalty | |||||||||||||||||||||||||||||||||||||||||||||
16 | shall also be grounds for suspension or revocation of | |||||||||||||||||||||||||||||||||||||||||||||
17 | permits, licenses and registrations. | |||||||||||||||||||||||||||||||||||||||||||||
18 | (6) Private applicators, except those private | |||||||||||||||||||||||||||||||||||||||||||||
19 | applicators who have been found by the Department to have | |||||||||||||||||||||||||||||||||||||||||||||
20 | committed a "use inconsistent with the label" as defined | |||||||||||||||||||||||||||||||||||||||||||||
21 | in subsection 40 of Section 4 of this Act, are exempt from | |||||||||||||||||||||||||||||||||||||||||||||
22 | the Use and Violation Criteria point values. | |||||||||||||||||||||||||||||||||||||||||||||
23 | (Source: P.A. 102-558, eff. 8-20-21; 103-62, eff. 6-9-23; | |||||||||||||||||||||||||||||||||||||||||||||
24 | revised 9-20-23.)
|
| |||||||
| |||||||
1 | Section 510. The Electric Vehicle Rebate Act is amended by | ||||||
2 | changing Section 40 as follows:
| ||||||
3 | (415 ILCS 120/40) | ||||||
4 | Sec. 40. Appropriations from the Electric Vehicle Rebate | ||||||
5 | Fund. | ||||||
6 | (a) The Agency shall estimate the amount of user fees | ||||||
7 | expected to be collected under Section 35 of this Act for each | ||||||
8 | fiscal year. User fee funds shall be deposited into and | ||||||
9 | distributed from the Electric Vehicle Rebate Fund in the | ||||||
10 | following manner: | ||||||
11 | (1) Through fiscal year 2023, an An annual amount not | ||||||
12 | to exceed $225,000 may be appropriated to the Agency from | ||||||
13 | the Electric Vehicle Rebate Fund to pay its costs of | ||||||
14 | administering the programs authorized by Section 27 of | ||||||
15 | this Act. Beginning in fiscal year 2024 and in each fiscal | ||||||
16 | year thereafter, an annual amount not to exceed $600,000 | ||||||
17 | may be appropriated to the Agency from the Electric | ||||||
18 | Vehicle Rebate Fund to pay its costs of administering the | ||||||
19 | programs authorized by Section 27 of this Act. An amount | ||||||
20 | not to exceed $225,000 may be appropriated to the | ||||||
21 | Secretary of State from the Electric Vehicle Rebate Fund | ||||||
22 | to pay the Secretary of State's costs of administering the | ||||||
23 | programs authorized under this Act. | ||||||
24 | (2) In fiscal year 2022 and each fiscal year | ||||||
25 | thereafter, after appropriation of the amounts authorized |
| |||||||
| |||||||
1 | by item (1) of subsection (a) of this Section, the | ||||||
2 | remaining moneys estimated to be collected during each | ||||||
3 | fiscal year shall be appropriated. | ||||||
4 | (3) (Blank). | ||||||
5 | (4) Moneys appropriated to fund the programs | ||||||
6 | authorized in Sections 25 and 30 shall be expended only | ||||||
7 | after they have been collected and deposited into the | ||||||
8 | Electric Vehicle Rebate Fund. | ||||||
9 | (b) General Revenue Fund amounts appropriated to and | ||||||
10 | deposited into the Electric Vehicle Rebate Fund shall be | ||||||
11 | distributed from the Electric Vehicle Rebate Fund to fund the | ||||||
12 | program authorized in Section 27. | ||||||
13 | (Source: P.A. 102-662, eff. 9-15-21; 103-8, eff. 6-7-23; | ||||||
14 | 103-363, eff. 7-28-23; revised 9-6-23.)
| ||||||
15 | Section 515. The Radiation Protection Act of 1990 is | ||||||
16 | amended by changing Section 6 as follows:
| ||||||
17 | (420 ILCS 40/6) (from Ch. 111 1/2, par. 210-6) | ||||||
18 | (Section scheduled to be repealed on January 1, 2027) | ||||||
19 | Sec. 6. Accreditation of administrators of radiation; | ||||||
20 | limited scope accreditation; rules and regulations; education. | ||||||
21 | (a) The Agency shall promulgate such rules and regulations | ||||||
22 | as are necessary to establish accreditation standards and | ||||||
23 | procedures, including a minimum course of education and | ||||||
24 | continuing education requirements in the administration of |
| |||||||
| |||||||
1 | radiation to human beings, which are appropriate to the | ||||||
2 | classification of accreditation and which are to be met by all | ||||||
3 | physician assistants, advanced practice registered nurses, | ||||||
4 | nurses, technicians, or other assistants who administer | ||||||
5 | radiation to human beings under the supervision of a person | ||||||
6 | licensed under the Medical Practice Act of 1987. Such rules | ||||||
7 | and regulations may provide for different classes of | ||||||
8 | accreditation based on evidence of national certification, | ||||||
9 | clinical experience or community hardship as conditions of | ||||||
10 | initial and continuing accreditation. The rules and | ||||||
11 | regulations of the Agency shall be consistent with national | ||||||
12 | standards in regard to the protection of the health and safety | ||||||
13 | of the general public. | ||||||
14 | (b) The rules and regulations shall also provide that | ||||||
15 | persons who have been accredited by the Agency, in accordance | ||||||
16 | with the Radiation Protection Act of 1990 , without passing an | ||||||
17 | examination, will remain accredited as provided in Section 43 | ||||||
18 | of this Act and that those persons may be accredited, without | ||||||
19 | passing an examination, to use other equipment, procedures, or | ||||||
20 | supervision within the original category of accreditation if | ||||||
21 | the Agency receives written assurances from a person licensed | ||||||
22 | under the Medical Practice Act of 1987, that the person | ||||||
23 | accredited has the necessary skill and qualifications for such | ||||||
24 | additional equipment procedures or supervision. The Agency | ||||||
25 | shall, in accordance with subsection (c) of this Section, | ||||||
26 | provide for the accreditation of nurses, technicians, or other |
| |||||||
| |||||||
1 | assistants, unless exempted elsewhere in this Act, to perform | ||||||
2 | a limited scope of diagnostic radiography procedures of the | ||||||
3 | chest, the extremities, skull and sinuses, or the spine, while | ||||||
4 | under the supervision of a person licensed under the Medical | ||||||
5 | Practice Act of 1987. | ||||||
6 | (c) The rules or regulations promulgated by the Agency | ||||||
7 | pursuant to subsection (a) shall establish standards and | ||||||
8 | procedures for accrediting persons to perform a limited scope | ||||||
9 | of diagnostic radiography procedures. The rules or regulations | ||||||
10 | shall specify that an individual seeking accreditation for | ||||||
11 | limited diagnostic radiography shall not apply ionizing | ||||||
12 | radiation to human beings until the individual has passed an | ||||||
13 | Agency-approved examination and is accredited by the Agency. | ||||||
14 | For an individual to be accredited to perform a limited | ||||||
15 | scope of diagnostic radiography procedures, he or she must | ||||||
16 | pass an examination approved by the Agency. The examination | ||||||
17 | shall be consistent with national standards in regard to | ||||||
18 | protection of public health and safety. The examination shall | ||||||
19 | consist of a standardized component covering general | ||||||
20 | principles applicable to diagnostic radiography procedures and | ||||||
21 | a clinical component specific to the types of procedures for | ||||||
22 | which accreditation is being sought. The Agency may assess a | ||||||
23 | reasonable fee for such examinations to cover any costs | ||||||
24 | incurred by the Agency in conjunction with the examinations. | ||||||
25 | (d) The Agency shall by rule or regulation exempt from | ||||||
26 | accreditation physician assistants, advanced practice |
| |||||||
| |||||||
1 | registered nurses, nurses, technicians, or other assistants | ||||||
2 | who administer radiation to human beings under supervision of | ||||||
3 | a person licensed to practice under the Medical Practice Act | ||||||
4 | of 1987 when the services are performed on employees of a | ||||||
5 | business at a medical facility owned and operated by the | ||||||
6 | business. Such exemption shall only apply to the equipment, | ||||||
7 | procedures , and supervision specific to the medical facility | ||||||
8 | owned and operated by the business. | ||||||
9 | (Source: P.A. 103-155, eff. 1-1-24; revised 1-2-24.)
| ||||||
10 | Section 520. The Firearm Owners Identification Card Act is | ||||||
11 | amended by changing Section 10 as follows:
| ||||||
12 | (430 ILCS 65/10) (from Ch. 38, par. 83-10) | ||||||
13 | Sec. 10. Appeals; hearing; relief from firearm | ||||||
14 | prohibitions. | ||||||
15 | (a) Whenever an application for a Firearm Owner's | ||||||
16 | Identification Card is denied or whenever such a Card is | ||||||
17 | revoked or seized as provided for in Section 8 of this Act, the | ||||||
18 | aggrieved party may (1) file a record challenge with the | ||||||
19 | Director regarding the record upon which the decision to deny | ||||||
20 | or revoke the Firearm Owner's Identification Card was based | ||||||
21 | under subsection (a-5); or (2) appeal to the Director of the | ||||||
22 | Illinois State Police through December 31, 2022, or beginning | ||||||
23 | January 1, 2023, the Firearm Owner's Identification Card | ||||||
24 | Review Board for a hearing seeking relief from such denial or |
| |||||||
| |||||||
1 | revocation unless the denial or revocation was based upon a | ||||||
2 | forcible felony, stalking, aggravated stalking, domestic | ||||||
3 | battery, any violation of the Illinois Controlled Substances | ||||||
4 | Act, the Methamphetamine Control and Community Protection Act, | ||||||
5 | or the Cannabis Control Act that is classified as a Class 2 or | ||||||
6 | greater felony, any felony violation of Article 24 of the | ||||||
7 | Criminal Code of 1961 or the Criminal Code of 2012, or any | ||||||
8 | adjudication as a delinquent minor for the commission of an | ||||||
9 | offense that if committed by an adult would be a felony, in | ||||||
10 | which case the aggrieved party may petition the circuit court | ||||||
11 | in writing in the county of his or her residence for a hearing | ||||||
12 | seeking relief from such denial or revocation. | ||||||
13 | (a-5) There is created a Firearm Owner's Identification | ||||||
14 | Card Review Board to consider any appeal under subsection (a) | ||||||
15 | beginning January 1, 2023, other than an appeal directed to | ||||||
16 | the circuit court and except when the applicant is challenging | ||||||
17 | the record upon which the decision to deny or revoke was based | ||||||
18 | as provided in subsection (a-10). | ||||||
19 | (0.05) In furtherance of the policy of this Act that | ||||||
20 | the Board shall exercise its powers and duties in an | ||||||
21 | independent manner, subject to the provisions of this Act | ||||||
22 | but free from the direction, control, or influence of any | ||||||
23 | other agency or department of State government. All | ||||||
24 | expenses and liabilities incurred by the Board in the | ||||||
25 | performance of its responsibilities hereunder shall be | ||||||
26 | paid from funds which shall be appropriated to the Board |
| |||||||
| |||||||
1 | by the General Assembly for the ordinary and contingent | ||||||
2 | expenses of the Board. | ||||||
3 | (1) The Board shall consist of 7 members appointed by | ||||||
4 | the Governor, with the advice and consent of the Senate, | ||||||
5 | with 3 members residing within the First Judicial District | ||||||
6 | and one member residing within each of the 4 remaining | ||||||
7 | Judicial Districts. No more than 4 members shall be | ||||||
8 | members of the same political party. The Governor shall | ||||||
9 | designate one member as the chairperson. The members shall | ||||||
10 | have actual experience in law, education, social work, | ||||||
11 | behavioral sciences, law enforcement, or community affairs | ||||||
12 | or in a combination of those areas. | ||||||
13 | (2) The terms of the members initially appointed after | ||||||
14 | January 1, 2022 (the effective date of Public Act 102-237) | ||||||
15 | shall be as follows: one of the initial members shall be | ||||||
16 | appointed for a term of one year, 3 shall be appointed for | ||||||
17 | terms of 2 years, and 3 shall be appointed for terms of 4 | ||||||
18 | years. Thereafter, members shall hold office for 4 years, | ||||||
19 | with terms expiring on the second Monday in January | ||||||
20 | immediately following the expiration of their terms and | ||||||
21 | every 4 years thereafter. Members may be reappointed. | ||||||
22 | Vacancies in the office of member shall be filled in the | ||||||
23 | same manner as the original appointment, for the remainder | ||||||
24 | of the unexpired term. The Governor may remove a member | ||||||
25 | for incompetence, neglect of duty, malfeasance, or | ||||||
26 | inability to serve. Members shall receive compensation in |
| |||||||
| |||||||
1 | an amount equal to the compensation of members of the | ||||||
2 | Executive Ethics Commission and, beginning July 1, 2023, | ||||||
3 | shall be compensated from appropriations provided to the | ||||||
4 | Comptroller for this purpose. Members may be reimbursed, | ||||||
5 | from funds appropriated for such a purpose, for reasonable | ||||||
6 | expenses actually incurred in the performance of their | ||||||
7 | Board duties. The Illinois State Police shall designate an | ||||||
8 | employee to serve as Executive Director of the Board and | ||||||
9 | provide logistical and administrative assistance to the | ||||||
10 | Board. | ||||||
11 | (3) The Board shall meet at least quarterly each year | ||||||
12 | and at the call of the chairperson as often as necessary to | ||||||
13 | consider appeals of decisions made with respect to | ||||||
14 | applications for a Firearm Owner's Identification Card | ||||||
15 | under this Act. If necessary to ensure the participation | ||||||
16 | of a member, the Board shall allow a member to participate | ||||||
17 | in a Board meeting by electronic communication. Any member | ||||||
18 | participating electronically shall be deemed present for | ||||||
19 | purposes of establishing a quorum and voting. | ||||||
20 | (4) The Board shall adopt rules for the review of | ||||||
21 | appeals and the conduct of hearings. The Board shall | ||||||
22 | maintain a record of its decisions and all materials | ||||||
23 | considered in making its decisions. All Board decisions | ||||||
24 | and voting records shall be kept confidential and all | ||||||
25 | materials considered by the Board shall be exempt from | ||||||
26 | inspection except upon order of a court. |
| |||||||
| |||||||
1 | (5) In considering an appeal, the Board shall review | ||||||
2 | the materials received concerning the denial or revocation | ||||||
3 | by the Illinois State Police. By a vote of at least 4 | ||||||
4 | members, the Board may request additional information from | ||||||
5 | the Illinois State Police or the applicant or the | ||||||
6 | testimony of the Illinois State Police or the applicant. | ||||||
7 | The Board may require that the applicant submit electronic | ||||||
8 | fingerprints to the Illinois State Police for an updated | ||||||
9 | background check if the Board determines it lacks | ||||||
10 | sufficient information to determine eligibility. The Board | ||||||
11 | may consider information submitted by the Illinois State | ||||||
12 | Police, a law enforcement agency, or the applicant. The | ||||||
13 | Board shall review each denial or revocation and determine | ||||||
14 | by a majority of members whether an applicant should be | ||||||
15 | granted relief under subsection (c). | ||||||
16 | (6) The Board shall by order issue summary decisions. | ||||||
17 | The Board shall issue a decision within 45 days of | ||||||
18 | receiving all completed appeal documents from the Illinois | ||||||
19 | State Police and the applicant. However, the Board need | ||||||
20 | not issue a decision within 45 days if: | ||||||
21 | (A) the Board requests information from the | ||||||
22 | applicant, including, but not limited to, electronic | ||||||
23 | fingerprints to be submitted to the Illinois State | ||||||
24 | Police, in accordance with paragraph (5) of this | ||||||
25 | subsection, in which case the Board shall make a | ||||||
26 | decision within 30 days of receipt of the required |
| |||||||
| |||||||
1 | information from the applicant; | ||||||
2 | (B) the applicant agrees, in writing, to allow the | ||||||
3 | Board additional time to consider an appeal; or | ||||||
4 | (C) the Board notifies the applicant and the | ||||||
5 | Illinois State Police that the Board needs an | ||||||
6 | additional 30 days to issue a decision. The Board may | ||||||
7 | only issue 2 extensions under this subparagraph (C). | ||||||
8 | The Board's notification to the applicant and the | ||||||
9 | Illinois State Police shall include an explanation for | ||||||
10 | the extension. | ||||||
11 | (7) If the Board determines that the applicant is | ||||||
12 | eligible for relief under subsection (c), the Board shall | ||||||
13 | notify the applicant and the Illinois State Police that | ||||||
14 | relief has been granted and the Illinois State Police | ||||||
15 | shall issue the Card. | ||||||
16 | (8) Meetings of the Board shall not be subject to the | ||||||
17 | Open Meetings Act and records of the Board shall not be | ||||||
18 | subject to the Freedom of Information Act. | ||||||
19 | (9) The Board shall report monthly to the Governor and | ||||||
20 | the General Assembly on the number of appeals received and | ||||||
21 | provide details of the circumstances in which the Board | ||||||
22 | has determined to deny Firearm Owner's Identification | ||||||
23 | Cards under this subsection (a-5). The report shall not | ||||||
24 | contain any identifying information about the applicants. | ||||||
25 | (a-10) Whenever an applicant or cardholder is not seeking | ||||||
26 | relief from a firearms prohibition under subsection (c) but |
| |||||||
| |||||||
1 | rather does not believe the applicant is appropriately denied | ||||||
2 | or revoked and is challenging the record upon which the | ||||||
3 | decision to deny or revoke the Firearm Owner's Identification | ||||||
4 | Card was based, or whenever the Illinois State Police fails to | ||||||
5 | act on an application within 30 days of its receipt, the | ||||||
6 | applicant shall file such challenge with the Director. The | ||||||
7 | Director shall render a decision within 60 business days of | ||||||
8 | receipt of all information supporting the challenge. The | ||||||
9 | Illinois State Police shall adopt rules for the review of a | ||||||
10 | record challenge. | ||||||
11 | (b) At least 30 days before any hearing in the circuit | ||||||
12 | court, the petitioner shall serve the relevant State's | ||||||
13 | Attorney with a copy of the petition. The State's Attorney may | ||||||
14 | object to the petition and present evidence. At the hearing, | ||||||
15 | the court shall determine whether substantial justice has been | ||||||
16 | done. Should the court determine that substantial justice has | ||||||
17 | not been done, the court shall issue an order directing the | ||||||
18 | Illinois State Police to issue a Card. However, the court | ||||||
19 | shall not issue the order if the petitioner is otherwise | ||||||
20 | prohibited from obtaining, possessing, or using a firearm | ||||||
21 | under federal law. | ||||||
22 | (c) Any person prohibited from possessing a firearm under | ||||||
23 | Sections 24-1.1 or 24-3.1 of the Criminal Code of 2012 or | ||||||
24 | acquiring a Firearm Owner's Identification Card under Section | ||||||
25 | 8 of this Act may apply to the Firearm Owner's Identification | ||||||
26 | Card Review Board or petition the circuit court in the county |
| |||||||
| |||||||
1 | where the petitioner resides, whichever is applicable in | ||||||
2 | accordance with subsection (a) of this Section, requesting | ||||||
3 | relief from such prohibition and the Board or court may grant | ||||||
4 | such relief if it is established by the applicant to the | ||||||
5 | court's or the Board's satisfaction that: | ||||||
6 | (0.05) when in the circuit court, the State's Attorney | ||||||
7 | has been served with a written copy of the petition at | ||||||
8 | least 30 days before any such hearing in the circuit court | ||||||
9 | and at the hearing the State's Attorney was afforded an | ||||||
10 | opportunity to present evidence and object to the | ||||||
11 | petition; | ||||||
12 | (1) the applicant has not been convicted of a forcible | ||||||
13 | felony under the laws of this State or any other | ||||||
14 | jurisdiction within 20 years of the applicant's | ||||||
15 | application for a Firearm Owner's Identification Card, or | ||||||
16 | at least 20 years have passed since the end of any period | ||||||
17 | of imprisonment imposed in relation to that conviction; | ||||||
18 | (2) the circumstances regarding a criminal conviction, | ||||||
19 | where applicable, the applicant's criminal history and his | ||||||
20 | reputation are such that the applicant will not be likely | ||||||
21 | to act in a manner dangerous to public safety; | ||||||
22 | (3) granting relief would not be contrary to the | ||||||
23 | public interest; and | ||||||
24 | (4) granting relief would not be contrary to federal | ||||||
25 | law. | ||||||
26 | (c-5) (1) An active law enforcement officer employed by a |
| |||||||
| |||||||
1 | unit of government or a Department of Corrections employee | ||||||
2 | authorized to possess firearms who is denied, revoked, or has | ||||||
3 | his or her Firearm Owner's Identification Card seized under | ||||||
4 | subsection (e) of Section 8 of this Act may apply to the | ||||||
5 | Firearm Owner's Identification Card Review Board requesting | ||||||
6 | relief if the officer or employee did not act in a manner | ||||||
7 | threatening to the officer or employee, another person, or the | ||||||
8 | public as determined by the treating clinical psychologist or | ||||||
9 | physician, and as a result of his or her work is referred by | ||||||
10 | the employer for or voluntarily seeks mental health evaluation | ||||||
11 | or treatment by a licensed clinical psychologist, | ||||||
12 | psychiatrist, or qualified examiner, and: | ||||||
13 | (A) the officer or employee has not received treatment | ||||||
14 | involuntarily at a mental health facility, regardless of | ||||||
15 | the length of admission; or has not been voluntarily | ||||||
16 | admitted to a mental health facility for more than 30 days | ||||||
17 | and not for more than one incident within the past 5 years; | ||||||
18 | and | ||||||
19 | (B) the officer or employee has not left the mental | ||||||
20 | institution against medical advice. | ||||||
21 | (2) The Firearm Owner's Identification Card Review Board | ||||||
22 | shall grant expedited relief to active law enforcement | ||||||
23 | officers and employees described in paragraph (1) of this | ||||||
24 | subsection (c-5) upon a determination by the Board that the | ||||||
25 | officer's or employee's possession of a firearm does not | ||||||
26 | present a threat to themselves, others, or public safety. The |
| |||||||
| |||||||
1 | Board shall act on the request for relief within 30 business | ||||||
2 | days of receipt of: | ||||||
3 | (A) a notarized statement from the officer or employee | ||||||
4 | in the form prescribed by the Board detailing the | ||||||
5 | circumstances that led to the hospitalization; | ||||||
6 | (B) all documentation regarding the admission, | ||||||
7 | evaluation, treatment and discharge from the treating | ||||||
8 | licensed clinical psychologist or psychiatrist of the | ||||||
9 | officer; | ||||||
10 | (C) a psychological fitness for duty evaluation of the | ||||||
11 | person completed after the time of discharge; and | ||||||
12 | (D) written confirmation in the form prescribed by the | ||||||
13 | Board from the treating licensed clinical psychologist or | ||||||
14 | psychiatrist that the provisions set forth in paragraph | ||||||
15 | (1) of this subsection (c-5) have been met, the person | ||||||
16 | successfully completed treatment, and their professional | ||||||
17 | opinion regarding the person's ability to possess | ||||||
18 | firearms. | ||||||
19 | (3) Officers and employees eligible for the expedited | ||||||
20 | relief in paragraph (2) of this subsection (c-5) have the | ||||||
21 | burden of proof on eligibility and must provide all | ||||||
22 | information required. The Board may not consider granting | ||||||
23 | expedited relief until the proof and information is received. | ||||||
24 | (4) "Clinical psychologist", "psychiatrist", and | ||||||
25 | "qualified examiner" shall have the same meaning as provided | ||||||
26 | in Chapter I of the Mental Health and Developmental |
| |||||||
| |||||||
1 | Disabilities Code. | ||||||
2 | (c-10) (1) An applicant, who is denied, revoked, or has | ||||||
3 | his or her Firearm Owner's Identification Card seized under | ||||||
4 | subsection (e) of Section 8 of this Act based upon a | ||||||
5 | determination of a developmental disability or an intellectual | ||||||
6 | disability may apply to the Firearm Owner's Identification | ||||||
7 | Card Review Board requesting relief. | ||||||
8 | (2) The Board shall act on the request for relief within 60 | ||||||
9 | business days of receipt of written certification, in the form | ||||||
10 | prescribed by the Board, from a physician or clinical | ||||||
11 | psychologist, or qualified examiner, that the aggrieved | ||||||
12 | party's developmental disability or intellectual disability | ||||||
13 | condition is determined by a physician, clinical psychologist, | ||||||
14 | or qualified to be mild. If a fact-finding conference is | ||||||
15 | scheduled to obtain additional information concerning the | ||||||
16 | circumstances of the denial or revocation, the 60 business | ||||||
17 | days the Director has to act shall be tolled until the | ||||||
18 | completion of the fact-finding conference. | ||||||
19 | (3) The Board may grant relief if the aggrieved party's | ||||||
20 | developmental disability or intellectual disability is mild as | ||||||
21 | determined by a physician, clinical psychologist, or qualified | ||||||
22 | examiner and it is established by the applicant to the Board's | ||||||
23 | satisfaction that: | ||||||
24 | (A) granting relief would not be contrary to the | ||||||
25 | public interest; and | ||||||
26 | (B) granting relief would not be contrary to federal |
| |||||||
| |||||||
1 | law. | ||||||
2 | (4) The Board may not grant relief if the condition is | ||||||
3 | determined by a physician, clinical psychologist, or qualified | ||||||
4 | examiner to be moderate, severe, or profound. | ||||||
5 | (5) The changes made to this Section by Public Act 99-29 | ||||||
6 | apply to requests for relief pending on or before July 10, 2015 | ||||||
7 | (the effective date of Public Act 99-29), except that the | ||||||
8 | 60-day period for the Director to act on requests pending | ||||||
9 | before the effective date shall begin on July 10, 2015 (the | ||||||
10 | effective date of Public Act 99-29). All appeals as provided | ||||||
11 | in subsection (a-5) pending on January 1, 2023 shall be | ||||||
12 | considered by the Board. | ||||||
13 | (d) When a minor is adjudicated delinquent for an offense | ||||||
14 | which if committed by an adult would be a felony, the court | ||||||
15 | shall notify the Illinois State Police. | ||||||
16 | (e) The court shall review the denial of an application or | ||||||
17 | the revocation of a Firearm Owner's Identification Card of a | ||||||
18 | person who has been adjudicated delinquent for an offense that | ||||||
19 | if committed by an adult would be a felony if an application | ||||||
20 | for relief has been filed at least 10 years after the | ||||||
21 | adjudication of delinquency and the court determines that the | ||||||
22 | applicant should be granted relief from disability to obtain a | ||||||
23 | Firearm Owner's Identification Card. If the court grants | ||||||
24 | relief, the court shall notify the Illinois State Police that | ||||||
25 | the disability has been removed and that the applicant is | ||||||
26 | eligible to obtain a Firearm Owner's Identification Card. |
| |||||||
| |||||||
1 | (f) Any person who is subject to the disabilities of 18 | ||||||
2 | U.S.C. 922(d)(4) and 922(g)(4) of the federal Gun Control Act | ||||||
3 | of 1968 because of an adjudication or commitment that occurred | ||||||
4 | under the laws of this State or who was determined to be | ||||||
5 | subject to the provisions of subsections (e), (f), or (g) of | ||||||
6 | Section 8 of this Act may apply to the Illinois State Police | ||||||
7 | requesting relief from that prohibition. The Board shall grant | ||||||
8 | the relief if it is established by a preponderance of the | ||||||
9 | evidence that the person will not be likely to act in a manner | ||||||
10 | dangerous to public safety and that granting relief would not | ||||||
11 | be contrary to the public interest. In making this | ||||||
12 | determination, the Board shall receive evidence concerning (i) | ||||||
13 | the circumstances regarding the firearms disabilities from | ||||||
14 | which relief is sought; (ii) the petitioner's mental health | ||||||
15 | and criminal history records, if any; (iii) the petitioner's | ||||||
16 | reputation, developed at a minimum through character witness | ||||||
17 | statements, testimony, or other character evidence; and (iv) | ||||||
18 | changes in the petitioner's condition or circumstances since | ||||||
19 | the disqualifying events relevant to the relief sought. If | ||||||
20 | relief is granted under this subsection or by order of a court | ||||||
21 | under this Section, the Director shall as soon as practicable | ||||||
22 | but in no case later than 15 business days, update, correct, | ||||||
23 | modify, or remove the person's record in any database that the | ||||||
24 | Illinois State Police makes available to the National Instant | ||||||
25 | Criminal Background Check System and notify the United States | ||||||
26 | Attorney General that the basis for the record being made |
| |||||||
| |||||||
1 | available no longer applies. The Illinois State Police shall | ||||||
2 | adopt rules for the administration of this Section. | ||||||
3 | (Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; | ||||||
4 | 102-645, eff. 1-1-22; 102-813, eff. 5-13-22; 102-1115, eff. | ||||||
5 | 1-9-23; 102-1129, eff. 2-10-23; revised 2-28-23.)
| ||||||
6 | Section 525. The Children's Product Safety Act is amended | ||||||
7 | by changing Section 10 as follows:
| ||||||
8 | (430 ILCS 125/10) | ||||||
9 | Sec. 10. Definitions. In this Act: | ||||||
10 | (a) "Children's product" means a product, including , but | ||||||
11 | not limited to , a full-size crib, non-full-size crib, toddler | ||||||
12 | bed, bed, car seat, chair, high chair, booster chair, hook-on | ||||||
13 | chair, bath seat, gate or other enclosure for confining a | ||||||
14 | child, play yard, stationary activity center, carrier, | ||||||
15 | stroller, walker, swing, or toy or play equipment, that meets | ||||||
16 | the following criteria: | ||||||
17 | (i) the product is designed or intended for the care | ||||||
18 | of, or use by, any child under age 12; and | ||||||
19 | (ii) the product is designed or intended to come into | ||||||
20 | contact with the child while the product is used. | ||||||
21 | Notwithstanding any other provision of this Section, a | ||||||
22 | product is not a "children's product" for purposes of this Act | ||||||
23 | if: | ||||||
24 | (I) it may be used by or for the care of a child under |
| |||||||
| |||||||
1 | age 9, but it is designed or intended for use by the | ||||||
2 | general population or segments of the general population | ||||||
3 | and not solely or primarily for use by or the care of a | ||||||
4 | child; or | ||||||
5 | (II) it is a medication, drug, or food or is intended | ||||||
6 | to be ingested. | ||||||
7 | (b) "Commercial dealer" means any person who deals in | ||||||
8 | children's products or who otherwise by one's occupation holds | ||||||
9 | oneself out as having knowledge or skill peculiar to | ||||||
10 | children's products, or any person who is in the business of | ||||||
11 | remanufacturing, retrofitting, selling, leasing, subletting, | ||||||
12 | or otherwise placing in the stream of commerce children's | ||||||
13 | products. | ||||||
14 | (b-5) "Manufacturer" means any person who makes and places | ||||||
15 | into the stream of commerce a children's product as defined by | ||||||
16 | this Act. | ||||||
17 | (b-10) "Importer" means any person who brings into this | ||||||
18 | country and places into the stream of commerce a children's | ||||||
19 | product. | ||||||
20 | (b-15) "Distributor" and "wholesaler" means any person, | ||||||
21 | other than a manufacturer or retailer, who sells or resells or | ||||||
22 | otherwise places into the stream of commerce a children's | ||||||
23 | product. | ||||||
24 | (b-20) "Retailer" means any person other than a | ||||||
25 | manufacturer, distributor, or wholesaler who sells, leases, or | ||||||
26 | sublets children's products. |
| |||||||
| |||||||
1 | (b-25) "First seller" means any retailer selling a | ||||||
2 | children's product that has not been used or has not | ||||||
3 | previously been owned. A first seller does not include an | ||||||
4 | entity such as a second-hand or resale store. | ||||||
5 | (c) "Person" means a natural person, firm, corporation, | ||||||
6 | limited liability company, or association, or an employee or | ||||||
7 | agent of a natural person or an entity included in this | ||||||
8 | definition. | ||||||
9 | (d) "Infant" means any person less than 35 inches tall and | ||||||
10 | less than 3 years of age. | ||||||
11 | (e) "Crib" means a bed or containment designed to | ||||||
12 | accommodate an infant. | ||||||
13 | (f) "Full-size crib" means a full-size crib as defined in | ||||||
14 | Section 1508.3 of Title 16 of the Code of Federal Regulations | ||||||
15 | regarding the requirements for full-size cribs. | ||||||
16 | (g) "Non-full-size crib" means a non-full-size crib as | ||||||
17 | defined in Section 1509.2 of Title 16 of the Code of Federal | ||||||
18 | Regulations regarding the requirements for non-full-size | ||||||
19 | cribs. | ||||||
20 | (h) "End consumer" means a person who purchases a | ||||||
21 | children's product for any purpose other than resale. | ||||||
22 | (Source: P.A. 103-44, eff. 1-1-24; revised 1-2-24.)
| ||||||
23 | Section 530. The Wildlife Code is amended by changing | ||||||
24 | Sections 2.36, 2.37, and 3.5 as follows:
|
| |||||||
| |||||||
1 | (520 ILCS 5/2.36) (from Ch. 61, par. 2.36) | ||||||
2 | Sec. 2.36. It shall be unlawful to buy, sell , or barter, or | ||||||
3 | offer to buy, sell , or barter, and for a commercial | ||||||
4 | institution, other than a regularly operated refrigerated | ||||||
5 | storage establishment, to have in its possession any of the | ||||||
6 | wild birds, or any part thereof (and their eggs), or wild | ||||||
7 | mammals or any parts thereof, protected by this Act unless | ||||||
8 | done as hereinafter provided: | ||||||
9 | Game birds or any parts thereof (and their eggs), may be | ||||||
10 | held, possessed, raised and sold, or otherwise dealt with, as | ||||||
11 | provided in Section 3.23 of this Act or when legally produced | ||||||
12 | under similar special permit in another state or country and | ||||||
13 | legally transported into the State of Illinois; provided that | ||||||
14 | such imported game birds or any parts thereof, shall be marked | ||||||
15 | with permanent irremovable tags, or similar devices, to | ||||||
16 | establish and retain their origin and identity; | ||||||
17 | Rabbits may be legally taken and possessed as provided in | ||||||
18 | Sections 3.23, 3.24, and 3.26 of this Act; | ||||||
19 | Deer, or any parts thereof, may be held, possessed, sold | ||||||
20 | or otherwise dealt with as provided in this Section and | ||||||
21 | Sections 3.23 and 3.24 of this Act; | ||||||
22 | If a properly tagged deer is processed at a licensed meat | ||||||
23 | processing facility, the meat processor at the facility is an | ||||||
24 | active member of the Illinois Sportsmen Against Hunger | ||||||
25 | program, and the owner of the deer (i) fails to claim the | ||||||
26 | processed deer within a reasonable time or (ii) notifies the |
| |||||||
| |||||||
1 | licensed meat processing facility that the owner no longer | ||||||
2 | wants the processed deer, then the deer meat may be given away | ||||||
3 | by the licensed meat processor to another person or donated to | ||||||
4 | any other charitable organization or community food bank that | ||||||
5 | receives wild game meat. The licensed meat processing facility | ||||||
6 | may charge the person receiving the deer meat a reasonable and | ||||||
7 | customary processing fee; | ||||||
8 | Meat processors who are active members of the Illinois | ||||||
9 | Sportsmen Against Hunger program shall keep written records of | ||||||
10 | all deer received. Records shall include the following | ||||||
11 | information: | ||||||
12 | (1) the date the deer was received; | ||||||
13 | (2) the name, address, and telephone number of the | ||||||
14 | person from whom the deer was received; | ||||||
15 | (3) whether the deer was received as a whole carcass | ||||||
16 | or as deboned meat; if the deer was brought to the meat | ||||||
17 | processor as deboned meat, the processor shall include the | ||||||
18 | weight of the meat; | ||||||
19 | (4) the number and state of issuance of the permit of | ||||||
20 | the person from whom the deer was received; in the absence | ||||||
21 | of a permit number, the meat processor may rely on the | ||||||
22 | written certification of the person from whom the deer was | ||||||
23 | received that the deer was legally taken or obtained; and | ||||||
24 | (5) if the person who originally delivered the deer to | ||||||
25 | the meat processor fails to collect or make arrangements | ||||||
26 | for the packaged deer meat to be collected and the meat |
| |||||||
| |||||||
1 | processor gives all or part of the unclaimed deer meat to | ||||||
2 | another person, the meat processor shall maintain a record | ||||||
3 | of the exchange; the meat processor's records shall | ||||||
4 | include the customer's name, physical address, telephone | ||||||
5 | number, as well as the quantity and type of deer meat given | ||||||
6 | to the customer. The meat processor shall also include the | ||||||
7 | amount of compensation received for the deer meat in his | ||||||
8 | or her records. | ||||||
9 | Meat processor records for unclaimed deer meat shall be | ||||||
10 | open for inspection by any peace officer at any reasonable | ||||||
11 | hour. Meat processors shall maintain records for a period of 2 | ||||||
12 | years after the date of receipt of the wild game or for as long | ||||||
13 | as the specimen or meat remains in the meat processors | ||||||
14 | possession, whichever is longer; | ||||||
15 | No meat processor shall have in his or her possession any | ||||||
16 | deer that is not listed in his or her written records and | ||||||
17 | properly tagged or labeled; | ||||||
18 | All licensed meat processors who ship any deer or parts of | ||||||
19 | deer that have been held, possessed, or otherwise dealt with | ||||||
20 | shall tag or label the shipment, and the tag or label shall | ||||||
21 | state the name of the meat processor; | ||||||
22 | Nothing in this Section removes meat processors from | ||||||
23 | responsibility for the observance of any State or federal | ||||||
24 | laws, rules, or regulations that may apply to the meat | ||||||
25 | processing business; | ||||||
26 | Fur-bearing mammals, or any parts thereof, may be held, |
| |||||||
| |||||||
1 | possessed, sold or otherwise dealt with as provided in | ||||||
2 | Sections 3.16, 3.24, and 3.26 of this Act or when legally taken | ||||||
3 | and possessed in Illinois or legally taken and possessed in | ||||||
4 | and transported from other states or countries; | ||||||
5 | It is unlawful for any person to act as a nuisance wildlife | ||||||
6 | control operator for fee or compensation without a permit as | ||||||
7 | provided in subsection subsection (b) of Section 2.37 of this | ||||||
8 | Act unless such trapping is in compliance with Section 2.30. | ||||||
9 | The inedible parts of game mammals may be held, possessed, | ||||||
10 | sold , or otherwise dealt with when legally taken, in Illinois | ||||||
11 | or legally taken and possessed in and transported from other | ||||||
12 | states or countries. | ||||||
13 | Failure to establish proof of the legality of possession | ||||||
14 | in another state or country and importation into the State of | ||||||
15 | Illinois, shall be prima facie evidence that such game birds | ||||||
16 | or any parts thereof, and their eggs, game mammals and | ||||||
17 | fur-bearing mammals, or any parts thereof, were taken within | ||||||
18 | the State of Illinois. | ||||||
19 | (Source: P.A. 103-37, eff. 6-9-23; revised 9-20-23.)
| ||||||
20 | (520 ILCS 5/2.37) (from Ch. 61, par. 2.37) | ||||||
21 | Sec. 2.37. Authority to kill wildlife responsible for | ||||||
22 | damage. | ||||||
23 | (a) Subject to federal regulations and Section 3 of the | ||||||
24 | Illinois Endangered Species Protection Act, the Department may | ||||||
25 | authorize owners and tenants of lands or their agents, who are |
| |||||||
| |||||||
1 | performing the service without fee or compensation, to remove | ||||||
2 | or destroy any wild bird or wild mammal when the wild bird or | ||||||
3 | wild mammal is known to be destroying property or causing a | ||||||
4 | risk to human health or safety upon his or her land. | ||||||
5 | Upon receipt by the Department of information from the | ||||||
6 | owner, tenant, or sharecropper that any one or more species of | ||||||
7 | wildlife is damaging dams, levees, ditches, cattle pastures, | ||||||
8 | or other property on the land on which he resides or controls, | ||||||
9 | together with a statement regarding location of the property | ||||||
10 | damages, the nature and extent of the damage, and the | ||||||
11 | particular species of wildlife committing the damage, the | ||||||
12 | Department shall make an investigation. | ||||||
13 | If, after investigation, the Department finds that damage | ||||||
14 | does exist and can be abated only by removing or destroying | ||||||
15 | that wildlife, a permit shall be issued by the Department to | ||||||
16 | remove or destroy the species responsible for causing the | ||||||
17 | damage. | ||||||
18 | A permit to control the damage shall be for a period of up | ||||||
19 | to 90 days, shall specify the means and methods by which and | ||||||
20 | the person or persons by whom the wildlife may be removed or | ||||||
21 | destroyed, without fee or compensation, and shall set forth | ||||||
22 | the disposition procedure to be made of all wildlife taken and | ||||||
23 | other restrictions the Director considers necessary and | ||||||
24 | appropriate in the circumstances of the particular case. | ||||||
25 | Whenever possible, the specimens destroyed shall be given to a | ||||||
26 | bona fide bona-fide public or State scientific, educational, |
| |||||||
| |||||||
1 | or zoological institution. | ||||||
2 | The permittee shall advise the Department in writing, | ||||||
3 | within 10 days after the expiration date of the permit, of the | ||||||
4 | number of individual species of wildlife taken, disposition | ||||||
5 | made of them, and any other information which the Department | ||||||
6 | may consider necessary. | ||||||
7 | (b) Subject to federal regulations and Section 3 of the | ||||||
8 | Illinois Endangered Species Protection Act, the Department may | ||||||
9 | grant the authority to control species protected by this Code | ||||||
10 | pursuant to the issuance of a Nuisance Wildlife Control Permit | ||||||
11 | to: | ||||||
12 | (1) any person who is providing such service for a fee | ||||||
13 | or compensation; | ||||||
14 | (2) a governmental body; or | ||||||
15 | (3) a nonprofit or other charitable organization. | ||||||
16 | The Department shall set forth applicable regulations in | ||||||
17 | an Administrative Order and may require periodic reports | ||||||
18 | listing species taken, numbers of each species taken, dates | ||||||
19 | when taken, and other pertinent information. | ||||||
20 | Any person operating under a Nuisance Wildlife Control | ||||||
21 | Permit who subcontracts the operation of nuisance wildlife | ||||||
22 | control to another shall ensure that such subcontractor | ||||||
23 | possesses a valid Nuisance Wildlife Control Permit issued by | ||||||
24 | the Department. The person must maintain a record of the | ||||||
25 | subcontractor including the subcontractor's name, address, and | ||||||
26 | phone number, and type of work to be performed, for a period of |
| |||||||
| |||||||
1 | not less than 2 years from the date the subcontractor is no | ||||||
2 | longer performing services on behalf of the person. The | ||||||
3 | records shall be presented to an authorized employee of the | ||||||
4 | Department or law enforcement officer upon request for | ||||||
5 | inspection. | ||||||
6 | Any person operating without the required permit as | ||||||
7 | outlined under this subsection (b) or in violation of this | ||||||
8 | subsection (b) is deemed to be taking, attempting to take, | ||||||
9 | disturbing, or harassing wildlife contrary to the provisions | ||||||
10 | of this Code, including the taking or attempting to take such | ||||||
11 | species for commercial purposes as outlined in Sections 2.36 | ||||||
12 | and 2.36a of this Code. Any devices and equipment, including | ||||||
13 | vehicles, used in violation of this subsection (b) may be | ||||||
14 | subject to the provisions of Section 1.25 of this Code. | ||||||
15 | (c) Except when operating under subsection (b) of this | ||||||
16 | Section, drainage districts district fur trapping unless | ||||||
17 | otherwise instructed by the Department district This authority | ||||||
18 | only extends to control of beavers. Any other protected | ||||||
19 | species must be controlled pursuant to subsection (b) or (c). | ||||||
20 | (c) The location of traps or snares authorized under this | ||||||
21 | Section, either by the Department or any other governmental | ||||||
22 | body with the authority to control species protected by this | ||||||
23 | Code, shall be exempt from the provisions of the Freedom of | ||||||
24 | Information Act. | ||||||
25 | (d) A drainage district or road district or the designee | ||||||
26 | of a drainage district or road district shall be exempt from |
| |||||||
| |||||||
1 | the requirement to obtain a permit to control nuisance | ||||||
2 | muskrats or beavers if all applicable provisions for licenses | ||||||
3 | are complied with and any trap types and sizes used are in | ||||||
4 | compliance with this Code Act , including marking or | ||||||
5 | identification. The designee of a drainage district or road | ||||||
6 | district must have a signed and dated written authorization | ||||||
7 | from the drainage district or road district in possession at | ||||||
8 | all times when conducting activities under this Section. This | ||||||
9 | exemption from obtaining a permit shall be valid only upon | ||||||
10 | property owned, leased, or controlled by the drainage district | ||||||
11 | or road district. For the purposes of this Section, "road | ||||||
12 | district" includes a township road district. | ||||||
13 | (Source: P.A. 102-524, eff. 8-20-21; 103-37, eff. 6-9-23; | ||||||
14 | 103-225, eff. 6-30-23; revised 8-28-23.)
| ||||||
15 | (520 ILCS 5/3.5) (from Ch. 61, par. 3.5) | ||||||
16 | Sec. 3.5. Penalties; probation. | ||||||
17 | (a) Any person who violates any of the provisions of | ||||||
18 | Section 2.36a, including administrative rules, shall be guilty | ||||||
19 | of a Class 3 felony, except as otherwise provided in | ||||||
20 | subsection (b) of this Section and subsection (a) of Section | ||||||
21 | 2.36a. | ||||||
22 | (b) Whenever any person who has not previously been | ||||||
23 | convicted of, or placed on probation or court supervision for, | ||||||
24 | any offense under Section 1.22, 2.36, or 2.36a , operating | ||||||
25 | without a permit as prescribed in subsection (b) of Section |
| |||||||
| |||||||
1 | 2.37 , or an offense under subsection (i) or (cc) of Section | ||||||
2 | 2.33, the court may, without entering a judgment and with the | ||||||
3 | person's consent, sentence the person to probation for a | ||||||
4 | violation of Section 2.36a. | ||||||
5 | (1) When a person is placed on probation, the court | ||||||
6 | shall enter an order specifying a period of probation of | ||||||
7 | 24 months and shall defer further proceedings in the case | ||||||
8 | until the conclusion of the period or until the filing of a | ||||||
9 | petition alleging violation of a term or condition of | ||||||
10 | probation. | ||||||
11 | (2) The conditions of probation shall be that the | ||||||
12 | person: | ||||||
13 | (A) Not violate any criminal statute of any | ||||||
14 | jurisdiction. | ||||||
15 | (B) Perform no less than 30 hours of community | ||||||
16 | service, provided community service is available in | ||||||
17 | the jurisdiction and is funded and approved by the | ||||||
18 | county board. | ||||||
19 | (3) The court may, in addition to other conditions: | ||||||
20 | (A) Require that the person make a report to and | ||||||
21 | appear in person before or participate with the court | ||||||
22 | or courts, person, or social service agency as | ||||||
23 | directed by the court in the order of probation. | ||||||
24 | (B) Require that the person pay a fine and costs. | ||||||
25 | (C) Require that the person refrain from | ||||||
26 | possessing a firearm or other dangerous weapon. |
| |||||||
| |||||||
1 | (D) Prohibit the person from associating with any | ||||||
2 | person who is actively engaged in any of the | ||||||
3 | activities regulated by the permits issued or | ||||||
4 | privileges granted by the Department of Natural | ||||||
5 | Resources. | ||||||
6 | (4) Upon violation of a term or condition of | ||||||
7 | probation, the court may enter a judgment on its original | ||||||
8 | finding of guilt and proceed as otherwise provided. | ||||||
9 | (5) Upon fulfillment of the terms and conditions of | ||||||
10 | probation, the court shall discharge the person and | ||||||
11 | dismiss the proceedings against the person. | ||||||
12 | (6) A disposition of probation is considered to be a | ||||||
13 | conviction for the purposes of imposing the conditions of | ||||||
14 | probation, for appeal, and for administrative revocation | ||||||
15 | and suspension of licenses and privileges; however, | ||||||
16 | discharge and dismissal under this Section is not a | ||||||
17 | conviction for purposes of disqualification or | ||||||
18 | disabilities imposed by law upon conviction of a crime. | ||||||
19 | (7) Discharge and dismissal under this Section may | ||||||
20 | occur only once with respect to any person. | ||||||
21 | (8) If a person is convicted of an offense under this | ||||||
22 | Act within 5 years subsequent to a discharge and dismissal | ||||||
23 | under this Section, the discharge and dismissal under this | ||||||
24 | Section shall be admissible in the sentencing proceeding | ||||||
25 | for that conviction as a factor in aggravation. | ||||||
26 | (9) The Circuit Clerk shall notify the Illinois State |
| |||||||
| |||||||
1 | Police of all persons convicted of or placed under | ||||||
2 | probation for violations of Section 2.36a. | ||||||
3 | (c) Any person who violates any of the provisions of | ||||||
4 | Sections 2.9, 2.11, 2.16, 2.18, 2.24, 2.25, 2.26, 2.29, 2.30, | ||||||
5 | 2.31, 2.32, 2.33 (except subsections (g), (i), (o), (p), (y), | ||||||
6 | and (cc)), 2.33-1, 2.33a, 3.3, 3.4, 3.11 through 3.16, 3.19, | ||||||
7 | 3.20, 3.21 (except subsections (b), (c), (d), (e), (f), (f.5), | ||||||
8 | (g), (h), and (i)), 3.24, 3.25, and 3.26 (except subsection | ||||||
9 | (f)), including administrative rules, shall be guilty of a | ||||||
10 | Class B misdemeanor. | ||||||
11 | A person who violates Section 2.33b by using any computer | ||||||
12 | software or service to remotely control a weapon that takes | ||||||
13 | wildlife by remote operation is guilty of a Class B | ||||||
14 | misdemeanor. A person who violates Section 2.33b by | ||||||
15 | facilitating a violation of Section 2.33b, including an owner | ||||||
16 | of land in which remote control hunting occurs, a computer | ||||||
17 | programmer who designs a program or software to facilitate | ||||||
18 | remote control hunting, or a person who provides weapons or | ||||||
19 | equipment to facilitate remote control hunting, is guilty of a | ||||||
20 | Class A misdemeanor. | ||||||
21 | Any person who violates any of the provisions of Sections | ||||||
22 | 1.22, 2.2a, 2.3, 2.4, 2.36 , and 2.38, including administrative | ||||||
23 | rules, shall be guilty of a Class A misdemeanor. Any second or | ||||||
24 | subsequent violations of Sections 2.4 and 2.36 shall be a | ||||||
25 | Class 4 felony. | ||||||
26 | Any person who violates any of the provisions of this Act, |
| |||||||
| |||||||
1 | including administrative rules, during such period when his | ||||||
2 | license, privileges, or permit is revoked or denied by virtue | ||||||
3 | of Section 3.36, shall be guilty of a Class A misdemeanor. | ||||||
4 | Any person who violates subsection (g), (i), (o), (p), | ||||||
5 | (y), or (cc) of Section 2.33 shall be guilty of a Class A | ||||||
6 | misdemeanor and subject to a fine of no less than $500 and no | ||||||
7 | more than $5,000 in addition to other statutory penalties. In | ||||||
8 | addition, the Department shall suspend the privileges, under | ||||||
9 | this Act, of any person found guilty of violating subsection | ||||||
10 | (cc) of Section 2.33 (cc) for a period of not less than one | ||||||
11 | year. | ||||||
12 | Any person who operates without a permit in violation of | ||||||
13 | subsection (b) of Section 2.37 is guilty of a Class A | ||||||
14 | misdemeanor and subject to a fine of not less than $500. Any | ||||||
15 | other violation of subsection (b) of Section 2.37 , including | ||||||
16 | administrative rules , is a Class B misdemeanor. | ||||||
17 | Any person who violates any other of the provisions of | ||||||
18 | this Act including administrative rules, unless otherwise | ||||||
19 | stated, shall be guilty of a petty offense. Offenses committed | ||||||
20 | by minors under the direct control or with the consent of a | ||||||
21 | parent or guardian may subject the parent or guardian to the | ||||||
22 | penalties prescribed in this Section. | ||||||
23 | In addition to any fines imposed pursuant to the | ||||||
24 | provisions of this Section or as otherwise provided in this | ||||||
25 | Act, any person found guilty of unlawfully taking or | ||||||
26 | possessing any species protected by this Act , shall be |
| |||||||
| |||||||
1 | assessed a civil penalty for such species in accordance with | ||||||
2 | the values prescribed in Section 2.36a of this Act. This civil | ||||||
3 | penalty shall be imposed by the Circuit Court for the county | ||||||
4 | within which the offense was committed at the time of the | ||||||
5 | conviction. Any person found guilty of violating subsection | ||||||
6 | (b) of Section 2.37 is subject to an additional civil penalty | ||||||
7 | of up to $1,500. All penalties provided for in this Section | ||||||
8 | shall be remitted to the Department in accordance with the | ||||||
9 | same provisions provided for in Section 1.18 of this Act, | ||||||
10 | except that civil penalties collected for violation of | ||||||
11 | subsection Subsection (b) of Section 2.37 shall be remitted to | ||||||
12 | the Department and allocated as follows: | ||||||
13 | (1) 60% to the Conservation Police Operations | ||||||
14 | Assistance Fund; and | ||||||
15 | (2) 40% to the Illinois Habitat Fund. | ||||||
16 | (Source: P.A. 102-538, eff. 8-20-21; 103-37, eff. 6-9-23; | ||||||
17 | revised 9-26-23.)
| ||||||
18 | Section 535. The Illinois Highway Code is amended by | ||||||
19 | changing Section 6-901 as follows:
| ||||||
20 | (605 ILCS 5/6-901) (from Ch. 121, par. 6-901) | ||||||
21 | Sec. 6-901. Annually, the General Assembly shall | ||||||
22 | appropriate to the Department of Transportation from the Road | ||||||
23 | Fund road fund , the General Revenue Fund general revenue fund , | ||||||
24 | any other State funds , or a combination of those funds, |
| |||||||
| |||||||
1 | $60,000,000 for apportionment to counties for the use of road | ||||||
2 | districts for the construction of bridges 20 feet or more in | ||||||
3 | length, as provided in Sections 6-902 through 6-905. | ||||||
4 | The Department of Transportation shall apportion among the | ||||||
5 | several counties of this State for the use of road districts | ||||||
6 | the amounts appropriated under this Section. The amount | ||||||
7 | apportioned to a county shall be in the proportion which the | ||||||
8 | total mileage of township or district roads in the county | ||||||
9 | bears to the total mileage of all township and district roads | ||||||
10 | in the State. Each county shall allocate to the several road | ||||||
11 | districts in the county the funds so apportioned to the | ||||||
12 | county. The allocation to road districts shall be made in the | ||||||
13 | same manner and be subject to the same conditions and | ||||||
14 | qualifications as are provided by Section 8 of the " Motor Fuel | ||||||
15 | Tax Law ", approved March 25, 1929, as amended, with respect to | ||||||
16 | the allocation to road districts of the amount allotted from | ||||||
17 | the Motor Fuel Tax Fund for apportionment to counties for the | ||||||
18 | use of road districts, but no allocation shall be made to any | ||||||
19 | road district that has not levied taxes for road and bridge | ||||||
20 | purposes and for bridge construction purposes at the maximum | ||||||
21 | rates permitted by Sections 6-501, 6-508 , and 6-512 of this | ||||||
22 | Act, without referendum. "Road district" and "township or | ||||||
23 | district road" have the meanings ascribed to those terms in | ||||||
24 | this Act. | ||||||
25 | Road districts in counties in which a property tax | ||||||
26 | extension limitation is imposed under the Property Tax |
| |||||||
| |||||||
1 | Extension Limitation Law that are made ineligible for receipt | ||||||
2 | of this appropriation due to the imposition of a property tax | ||||||
3 | extension limitation may become eligible if, at the time the | ||||||
4 | property tax extension limitation was imposed, the road | ||||||
5 | district was levying at the required rate and continues to | ||||||
6 | levy the maximum allowable amount after the imposition of the | ||||||
7 | property tax extension limitation. The road district also | ||||||
8 | becomes eligible if it levies at or above the rate required for | ||||||
9 | eligibility by Section 8 of the Motor Fuel Tax Law. | ||||||
10 | The amounts apportioned under this Section for allocation | ||||||
11 | to road districts may be used only for bridge construction as | ||||||
12 | provided in this Division. So much of those amounts as are not | ||||||
13 | obligated under Sections 6-902 through 6-904 and for which | ||||||
14 | local funds have not been committed under Section 6-905 within | ||||||
15 | 48 months of the date when such apportionment is made lapses | ||||||
16 | and shall not be paid to the county treasurer for distribution | ||||||
17 | to road districts. | ||||||
18 | (Source: P.A. 103-8, eff. 6-7-23; revised 9-25-23.)
| ||||||
19 | Section 540. The Illinois Vehicle Code is amended by | ||||||
20 | changing Sections 2-119, 3-699.14, 6-103, 6-106.1, 6-118, | ||||||
21 | 6-508.5, 7-315, 11-208.6, and 11-305 as follows:
| ||||||
22 | (625 ILCS 5/2-119) (from Ch. 95 1/2, par. 2-119) | ||||||
23 | Sec. 2-119. Disposition of fees and taxes. | ||||||
24 | (a) All moneys received from Salvage Certificates shall be |
| |||||||
| |||||||
1 | deposited in the Common School Fund in the State treasury | ||||||
2 | Treasury . | ||||||
3 | (b) Of the money collected for each certificate of title, | ||||||
4 | duplicate certificate of title, and corrected certificate of | ||||||
5 | title: | ||||||
6 | (1) $2.60 shall be deposited in the Park and | ||||||
7 | Conservation Fund; | ||||||
8 | (2) $0.65 shall be deposited in the Illinois Fisheries | ||||||
9 | Management Fund; | ||||||
10 | (3) $48 shall be disbursed under subsection (g) of | ||||||
11 | this Section; | ||||||
12 | (4) $4 shall be deposited into the Motor Vehicle | ||||||
13 | License Plate Fund; | ||||||
14 | (5) $30 shall be deposited into the Capital Projects | ||||||
15 | Fund; and | ||||||
16 | (6) $10 shall be deposited into the Secretary of State | ||||||
17 | Special Services Fund. | ||||||
18 | All remaining moneys collected for certificates of title, | ||||||
19 | and all moneys collected for filing of security interests, | ||||||
20 | shall be deposited in the General Revenue Fund. | ||||||
21 | The $20 collected for each delinquent vehicle registration | ||||||
22 | renewal fee shall be deposited into the General Revenue Fund. | ||||||
23 | The moneys deposited in the Park and Conservation Fund | ||||||
24 | under this Section shall be used for the acquisition and | ||||||
25 | development of bike paths as provided for in Section 805-420 | ||||||
26 | of the Department of Natural Resources (Conservation) Law of |
| |||||||
| |||||||
1 | the Civil Administrative Code of Illinois. The moneys | ||||||
2 | deposited into the Park and Conservation Fund under this | ||||||
3 | subsection shall not be subject to administrative charges or | ||||||
4 | chargebacks, unless otherwise authorized by this Code. | ||||||
5 | If the balance in the Motor Vehicle License Plate Fund | ||||||
6 | exceeds $40,000,000 on the last day of a calendar month, then | ||||||
7 | during the next calendar month, the $4 that otherwise would be | ||||||
8 | deposited in that fund shall instead be deposited into the | ||||||
9 | Road Fund. | ||||||
10 | (c) All moneys collected for that portion of a driver's | ||||||
11 | license fee designated for driver education under Section | ||||||
12 | 6-118 shall be placed in the Drivers Education Fund in the | ||||||
13 | State treasury Treasury . | ||||||
14 | (d) Of the moneys collected as a registration fee for each | ||||||
15 | motorcycle, motor driven cycle, and moped, 27% shall be | ||||||
16 | deposited in the Cycle Rider Safety Training Fund. | ||||||
17 | (e) (Blank). | ||||||
18 | (f) Of the total money collected for a commercial | ||||||
19 | learner's permit (CLP) or original or renewal issuance of a | ||||||
20 | commercial driver's license (CDL) pursuant to the Uniform | ||||||
21 | Commercial Driver's License Act (UCDLA): (i) $6 of the total | ||||||
22 | fee for an original or renewal CDL, and $6 of the total CLP fee | ||||||
23 | when such permit is issued to any person holding a valid | ||||||
24 | Illinois driver's license, shall be paid into the | ||||||
25 | CDLIS/AAMVAnet/NMVTIS Trust Fund (Commercial Driver's License | ||||||
26 | Information System/American Association of Motor Vehicle |
| |||||||
| |||||||
1 | Administrators network/National Motor Vehicle Title | ||||||
2 | Information Service Trust Fund) and shall be used for the | ||||||
3 | purposes provided in Section 6z-23 of the State Finance Act | ||||||
4 | and (ii) $20 of the total fee for an original or renewal CDL or | ||||||
5 | CLP shall be paid into the Motor Carrier Safety Inspection | ||||||
6 | Fund, which is hereby created as a special fund in the State | ||||||
7 | treasury Treasury , to be used by the Illinois State Police, | ||||||
8 | subject to appropriation, to hire additional officers to | ||||||
9 | conduct motor carrier safety inspections pursuant to Chapter | ||||||
10 | 18b of this Code. | ||||||
11 | (g) Of the moneys received by the Secretary of State as | ||||||
12 | registration fees or taxes, certificates of title, duplicate | ||||||
13 | certificates of title, corrected certificates of title, or as | ||||||
14 | payment of any other fee under this Code, when those moneys are | ||||||
15 | not otherwise distributed by this Code, 37% shall be deposited | ||||||
16 | into the State Construction Account Fund, and 63% shall be | ||||||
17 | deposited in the Road Fund. Moneys in the Road Fund shall be | ||||||
18 | used for the purposes provided in Section 8.3 of the State | ||||||
19 | Finance Act. | ||||||
20 | (h) (Blank). | ||||||
21 | (i) (Blank). | ||||||
22 | (j) (Blank). | ||||||
23 | (k) There is created in the State treasury Treasury a | ||||||
24 | special fund to be known as the Secretary of State Special | ||||||
25 | License Plate Fund. Money deposited into the Fund shall, | ||||||
26 | subject to appropriation, be used by the Office of the |
| |||||||
| |||||||
1 | Secretary of State (i) to help defray plate manufacturing and | ||||||
2 | plate processing costs for the issuance and, when applicable, | ||||||
3 | renewal of any new or existing registration plates authorized | ||||||
4 | under this Code and (ii) for grants made by the Secretary of | ||||||
5 | State to benefit Illinois Veterans Home libraries. | ||||||
6 | (l) The Motor Vehicle Review Board Fund is created as a | ||||||
7 | special fund in the State treasury Treasury . Moneys deposited | ||||||
8 | into the Fund under paragraph (7) of subsection (b) of Section | ||||||
9 | 5-101 and Section 5-109 shall, subject to appropriation, be | ||||||
10 | used by the Office of the Secretary of State to administer the | ||||||
11 | Motor Vehicle Review Board, including , without limitation , | ||||||
12 | payment of compensation and all necessary expenses incurred in | ||||||
13 | administering the Motor Vehicle Review Board under the Motor | ||||||
14 | Vehicle Franchise Act. | ||||||
15 | (m) Effective July 1, 1996, there is created in the State | ||||||
16 | treasury Treasury a special fund to be known as the Family | ||||||
17 | Responsibility Fund. Moneys deposited into the Fund shall, | ||||||
18 | subject to appropriation, be used by the Office of the | ||||||
19 | Secretary of State for the purpose of enforcing the Illinois | ||||||
20 | Safety and Family Financial Responsibility Law. | ||||||
21 | (n) The Illinois Fire Fighters' Memorial Fund is created | ||||||
22 | as a special fund in the State treasury Treasury . Moneys | ||||||
23 | deposited into the Fund shall, subject to appropriation, be | ||||||
24 | used by the Office of the State Fire Marshal for construction | ||||||
25 | of the Illinois Fire Fighters' Memorial to be located at the | ||||||
26 | State Capitol grounds in Springfield, Illinois. Upon the |
| |||||||
| |||||||
1 | completion of the Memorial, moneys in the Fund shall be used in | ||||||
2 | accordance with Section 3-634. | ||||||
3 | (o) Of the money collected for each certificate of title | ||||||
4 | for all-terrain vehicles and off-highway motorcycles, $17 | ||||||
5 | shall be deposited into the Off-Highway Vehicle Trails Fund. | ||||||
6 | (p) For audits conducted on or after July 1, 2003 pursuant | ||||||
7 | to Section 2-124(d) of this Code, 50% of the money collected as | ||||||
8 | audit fees shall be deposited into the General Revenue Fund. | ||||||
9 | (q) Beginning July 1, 2023, the additional fees imposed by | ||||||
10 | Public Act 103-8 this amendatory Act of the 103rd General | ||||||
11 | Assembly in Sections 2-123, 3-821, and 6-118 shall be | ||||||
12 | deposited into the Secretary of State Special Services Fund. | ||||||
13 | (Source: P.A. 102-538, eff. 8-20-21; 103-8, eff. 7-1-23; | ||||||
14 | revised 9-25-23.)
| ||||||
15 | (625 ILCS 5/3-699.14) | ||||||
16 | Sec. 3-699.14. Universal special license plates. | ||||||
17 | (a) In addition to any other special license plate, the | ||||||
18 | Secretary, upon receipt of all applicable fees and | ||||||
19 | applications made in the form prescribed by the Secretary, may | ||||||
20 | issue Universal special license plates to residents of | ||||||
21 | Illinois on behalf of organizations that have been authorized | ||||||
22 | by the General Assembly to issue decals for Universal special | ||||||
23 | license plates. Appropriate documentation, as determined by | ||||||
24 | the Secretary, shall accompany each application. Authorized | ||||||
25 | organizations shall be designated by amendment to this |
| |||||||
| |||||||
1 | Section. When applying for a Universal special license plate | ||||||
2 | the applicant shall inform the Secretary of the name of the | ||||||
3 | authorized organization from which the applicant will obtain a | ||||||
4 | decal to place on the plate. The Secretary shall make a record | ||||||
5 | of that organization and that organization shall remain | ||||||
6 | affiliated with that plate until the plate is surrendered, | ||||||
7 | revoked, or otherwise cancelled. The authorized organization | ||||||
8 | may charge a fee to offset the cost of producing and | ||||||
9 | distributing the decal, but that fee shall be retained by the | ||||||
10 | authorized organization and shall be separate and distinct | ||||||
11 | from any registration fees charged by the Secretary. No decal, | ||||||
12 | sticker, or other material may be affixed to a Universal | ||||||
13 | special license plate other than a decal authorized by the | ||||||
14 | General Assembly in this Section or a registration renewal | ||||||
15 | sticker. The special plates issued under this Section shall be | ||||||
16 | affixed only to passenger vehicles of the first division, | ||||||
17 | including motorcycles and autocycles, or motor vehicles of the | ||||||
18 | second division weighing not more than 8,000 pounds. Plates | ||||||
19 | issued under this Section shall expire according to the | ||||||
20 | multi-year procedure under Section 3-414.1 of this Code. | ||||||
21 | (b) The design, color, and format of the Universal special | ||||||
22 | license plate shall be wholly within the discretion of the | ||||||
23 | Secretary. Universal special license plates are not required | ||||||
24 | to designate "Land of Lincoln", as prescribed in subsection | ||||||
25 | (b) of Section 3-412 of this Code. The design shall allow for | ||||||
26 | the application of a decal to the plate. Organizations |
| |||||||
| |||||||
1 | authorized by the General Assembly to issue decals for | ||||||
2 | Universal special license plates shall comply with rules | ||||||
3 | adopted by the Secretary governing the requirements for and | ||||||
4 | approval of Universal special license plate decals. The | ||||||
5 | Secretary may, in his or her discretion, allow Universal | ||||||
6 | special license plates to be issued as vanity or personalized | ||||||
7 | plates in accordance with Section 3-405.1 of this Code. The | ||||||
8 | Secretary of State must make a version of the special | ||||||
9 | registration plates authorized under this Section in a form | ||||||
10 | appropriate for motorcycles and autocycles. | ||||||
11 | (c) When authorizing a Universal special license plate, | ||||||
12 | the General Assembly shall set forth whether an additional fee | ||||||
13 | is to be charged for the plate and, if a fee is to be charged, | ||||||
14 | the amount of the fee and how the fee is to be distributed. | ||||||
15 | When necessary, the authorizing language shall create a | ||||||
16 | special fund in the State treasury into which fees may be | ||||||
17 | deposited for an authorized Universal special license plate. | ||||||
18 | Additional fees may only be charged if the fee is to be paid | ||||||
19 | over to a State agency or to a charitable entity that is in | ||||||
20 | compliance with the registration and reporting requirements of | ||||||
21 | the Charitable Trust Act and the Solicitation for Charity Act. | ||||||
22 | Any charitable entity receiving fees for the sale of Universal | ||||||
23 | special license plates shall annually provide the Secretary of | ||||||
24 | State a letter of compliance issued by the Attorney General | ||||||
25 | verifying that the entity is in compliance with the Charitable | ||||||
26 | Trust Act and the Solicitation for Charity Act. |
| |||||||
| |||||||
1 | (d) Upon original issuance and for each registration | ||||||
2 | renewal period, in addition to the appropriate registration | ||||||
3 | fee, if applicable, the Secretary shall collect any additional | ||||||
4 | fees, if required, for issuance of Universal special license | ||||||
5 | plates. The fees shall be collected on behalf of the | ||||||
6 | organization designated by the applicant when applying for the | ||||||
7 | plate. All fees collected shall be transferred to the State | ||||||
8 | agency on whose behalf the fees were collected, or paid into | ||||||
9 | the special fund designated in the law authorizing the | ||||||
10 | organization to issue decals for Universal special license | ||||||
11 | plates. All money in the designated fund shall be distributed | ||||||
12 | by the Secretary subject to appropriation by the General | ||||||
13 | Assembly. | ||||||
14 | (e) The following organizations may issue decals for | ||||||
15 | Universal special license plates with the original and renewal | ||||||
16 | fees and fee distribution as follows: | ||||||
17 | (1) The Illinois Department of Natural Resources. | ||||||
18 | (A) Original issuance: $25; with $10 to the | ||||||
19 | Roadside Monarch Habitat Fund and $15 to the Secretary | ||||||
20 | of State Special License Plate Fund. | ||||||
21 | (B) Renewal: $25; with $23 to the Roadside Monarch | ||||||
22 | Habitat Fund and $2 to the Secretary of State Special | ||||||
23 | License Plate Fund. | ||||||
24 | (2) Illinois Veterans' Homes. | ||||||
25 | (A) Original issuance: $26, which shall be | ||||||
26 | deposited into the Illinois Veterans' Homes Fund. |
| |||||||
| |||||||
1 | (B) Renewal: $26, which shall be deposited into | ||||||
2 | the Illinois Veterans' Homes Fund. | ||||||
3 | (3) The Illinois Department of Human Services for | ||||||
4 | volunteerism decals. | ||||||
5 | (A) Original issuance: $25, which shall be | ||||||
6 | deposited into the Secretary of State Special License | ||||||
7 | Plate Fund. | ||||||
8 | (B) Renewal: $25, which shall be deposited into | ||||||
9 | the Secretary of State Special License Plate Fund. | ||||||
10 | (4) The Illinois Department of Public Health. | ||||||
11 | (A) Original issuance: $25; with $10 to the | ||||||
12 | Prostate Cancer Awareness Fund and $15 to the | ||||||
13 | Secretary of State Special License Plate Fund. | ||||||
14 | (B) Renewal: $25; with $23 to the Prostate Cancer | ||||||
15 | Awareness Fund and $2 to the Secretary of State | ||||||
16 | Special License Plate Fund. | ||||||
17 | (5) Horsemen's Council of Illinois. | ||||||
18 | (A) Original issuance: $25; with $10 to the | ||||||
19 | Horsemen's Council of Illinois Fund and $15 to the | ||||||
20 | Secretary of State Special License Plate Fund. | ||||||
21 | (B) Renewal: $25; with $23 to the Horsemen's | ||||||
22 | Council of Illinois Fund and $2 to the Secretary of | ||||||
23 | State Special License Plate Fund. | ||||||
24 | (6) K9s for Veterans, NFP. | ||||||
25 | (A) Original issuance: $25; with $10 to the | ||||||
26 | Post-Traumatic Stress Disorder Awareness Fund and $15 |
| |||||||
| |||||||
1 | to the Secretary of State Special License Plate Fund. | ||||||
2 | (B) Renewal: $25; with $23 to the Post-Traumatic | ||||||
3 | Stress Disorder Awareness Fund and $2 to the Secretary | ||||||
4 | of State Special License Plate Fund. | ||||||
5 | (7) The International Association of Machinists and | ||||||
6 | Aerospace Workers. | ||||||
7 | (A) Original issuance: $35; with $20 to the Guide | ||||||
8 | Dogs of America Fund and $15 to the Secretary of State | ||||||
9 | Special License Plate Fund. | ||||||
10 | (B) Renewal: $25; with $23 going to the Guide Dogs | ||||||
11 | of America Fund and $2 to the Secretary of State | ||||||
12 | Special License Plate Fund. | ||||||
13 | (8) Local Lodge 701 of the International Association | ||||||
14 | of Machinists and Aerospace Workers. | ||||||
15 | (A) Original issuance: $35; with $10 to the Guide | ||||||
16 | Dogs of America Fund, $10 to the Mechanics Training | ||||||
17 | Fund, and $15 to the Secretary of State Special | ||||||
18 | License Plate Fund. | ||||||
19 | (B) Renewal: $30; with $13 to the Guide Dogs of | ||||||
20 | America Fund, $15 to the Mechanics Training Fund, and | ||||||
21 | $2 to the Secretary of State Special License Plate | ||||||
22 | Fund. | ||||||
23 | (9) Illinois Department of Human Services. | ||||||
24 | (A) Original issuance: $25; with $10 to the | ||||||
25 | Theresa Tracy Trot - Illinois CancerCare Foundation | ||||||
26 | Fund and $15 to the Secretary of State Special License |
| |||||||
| |||||||
1 | Plate Fund. | ||||||
2 | (B) Renewal: $25; with $23 to the Theresa Tracy | ||||||
3 | Trot - Illinois CancerCare Foundation Fund and $2 to | ||||||
4 | the Secretary of State Special License Plate Fund. | ||||||
5 | (10) The Illinois Department of Human Services for | ||||||
6 | developmental disabilities awareness decals. | ||||||
7 | (A) Original issuance: $25; with $10 to the | ||||||
8 | Developmental Disabilities Awareness Fund and $15 to | ||||||
9 | the Secretary of State Special License Plate Fund. | ||||||
10 | (B) Renewal: $25; with $23 to the Developmental | ||||||
11 | Disabilities Awareness Fund and $2 to the Secretary of | ||||||
12 | State Special License Plate Fund. | ||||||
13 | (11) The Illinois Department of Human Services for | ||||||
14 | pediatric cancer awareness decals. | ||||||
15 | (A) Original issuance: $25; with $10 to the | ||||||
16 | Pediatric Cancer Awareness Fund and $15 to the | ||||||
17 | Secretary of State Special License Plate Fund. | ||||||
18 | (B) Renewal: $25; with $23 to the Pediatric Cancer | ||||||
19 | Awareness Fund and $2 to the Secretary of State | ||||||
20 | Special License Plate Fund. | ||||||
21 | (12) The Department of Veterans' Affairs for Fold of | ||||||
22 | Honor decals. | ||||||
23 | (A) Original issuance: $25; with $10 to the Folds | ||||||
24 | of Honor Foundation Fund and $15 to the Secretary of | ||||||
25 | State Special License Plate Fund. | ||||||
26 | (B) Renewal: $25; with $23 to the Folds of Honor |
| |||||||
| |||||||
1 | Foundation Fund and $2 to the Secretary of State | ||||||
2 | Special License Plate Fund. | ||||||
3 | (13) The Illinois chapters of the Experimental | ||||||
4 | Aircraft Association for aviation enthusiast decals. | ||||||
5 | (A) Original issuance: $25; with $10 to the | ||||||
6 | Experimental Aircraft Association Fund and $15 to the | ||||||
7 | Secretary of State Special License Plate Fund. | ||||||
8 | (B) Renewal: $25; with $23 to the Experimental | ||||||
9 | Aircraft Association Fund and $2 to the Secretary of | ||||||
10 | State Special License Plate Fund. | ||||||
11 | (14) The Illinois Department of Human Services for | ||||||
12 | Child Abuse Council of the Quad Cities decals. | ||||||
13 | (A) Original issuance: $25; with $10 to the Child | ||||||
14 | Abuse Council of the Quad Cities Fund and $15 to the | ||||||
15 | Secretary of State Special License Plate Fund. | ||||||
16 | (B) Renewal: $25; with $23 to the Child Abuse | ||||||
17 | Council of the Quad Cities Fund and $2 to the Secretary | ||||||
18 | of State Special License Plate Fund. | ||||||
19 | (15) The Illinois Department of Public Health for | ||||||
20 | health care worker decals. | ||||||
21 | (A) Original issuance: $25; with $10 to the | ||||||
22 | Illinois Health Care Workers Benefit Fund, and $15 to | ||||||
23 | the Secretary of State Special License Plate Fund. | ||||||
24 | (B) Renewal: $25; with $23 to the Illinois Health | ||||||
25 | Care Workers Benefit Fund and $2 to the Secretary of | ||||||
26 | State Special License Plate Fund. |
| |||||||
| |||||||
1 | (16) The Department of Agriculture for Future Farmers | ||||||
2 | of America decals. | ||||||
3 | (A) Original issuance: $25; with $10 to the Future | ||||||
4 | Farmers of America Fund and $15 to the Secretary of | ||||||
5 | State Special License Plate Fund. | ||||||
6 | (B) Renewal: $25; with $23 to the Future Farmers | ||||||
7 | of America Fund and $2 to the Secretary of State | ||||||
8 | Special License Plate Fund. | ||||||
9 | (17) The Illinois Department of Public Health for | ||||||
10 | autism awareness decals that are designed with input from | ||||||
11 | autism advocacy organizations. | ||||||
12 | (A) Original issuance: $25; with $10 to the Autism | ||||||
13 | Awareness Fund and $15 to the Secretary of State | ||||||
14 | Special License Plate Fund. | ||||||
15 | (B) Renewal: $25; with $23 to the Autism Awareness | ||||||
16 | Fund and $2 to the Secretary of State Special License | ||||||
17 | Plate Fund. | ||||||
18 | (18) (17) The Department of Natural Resources for Lyme | ||||||
19 | disease research decals. | ||||||
20 | (A) Original issuance: $25; with $10 to the Tick | ||||||
21 | Research, Education, and Evaluation Fund and $15 to | ||||||
22 | the Secretary of State Special License Plate Fund. | ||||||
23 | (B) Renewal: $25; with $23 to the Tick Research, | ||||||
24 | Education, and Evaluation Fund and $2 to the Secretary | ||||||
25 | of State Special License Plate Fund. | ||||||
26 | (19) (17) The IBEW Thank a Line Worker decal. |
| |||||||
| |||||||
1 | (A) Original issuance: $15, which shall be | ||||||
2 | deposited into the Secretary of State Special License | ||||||
3 | Plate Fund. | ||||||
4 | (B) Renewal: $2, which shall be deposited into the | ||||||
5 | Secretary of State Special License Plate Fund. | ||||||
6 | (f) The following funds are created as special funds in | ||||||
7 | the State treasury: | ||||||
8 | (1) The Roadside Monarch Habitat Fund. All money in | ||||||
9 | the Roadside Monarch Habitat Fund shall be paid as grants | ||||||
10 | to the Illinois Department of Natural Resources to fund | ||||||
11 | roadside monarch and other pollinator habitat development, | ||||||
12 | enhancement, and restoration projects in this State. | ||||||
13 | (2) The Prostate Cancer Awareness Fund. All money in | ||||||
14 | the Prostate Cancer Awareness Fund shall be paid as grants | ||||||
15 | to the Prostate Cancer Foundation of Chicago. | ||||||
16 | (3) The Horsemen's Council of Illinois Fund. All money | ||||||
17 | in the Horsemen's Council of Illinois Fund shall be paid | ||||||
18 | as grants to the Horsemen's Council of Illinois. | ||||||
19 | (4) The Post-Traumatic Stress Disorder Awareness Fund. | ||||||
20 | All money in the Post-Traumatic Stress Disorder Awareness | ||||||
21 | Fund shall be paid as grants to K9s for Veterans, NFP for | ||||||
22 | support, education, and awareness of veterans with | ||||||
23 | post-traumatic stress disorder. | ||||||
24 | (5) The Guide Dogs of America Fund. All money in the | ||||||
25 | Guide Dogs of America Fund shall be paid as grants to the | ||||||
26 | International Guiding Eyes, Inc., doing business as Guide |
| |||||||
| |||||||
1 | Dogs of America. | ||||||
2 | (6) The Mechanics Training Fund. All money in the | ||||||
3 | Mechanics Training Fund shall be paid as grants to the | ||||||
4 | Mechanics Local 701 Training Fund. | ||||||
5 | (7) The Theresa Tracy Trot - Illinois CancerCare | ||||||
6 | Foundation Fund. All money in the Theresa Tracy Trot - | ||||||
7 | Illinois CancerCare Foundation Fund shall be paid to the | ||||||
8 | Illinois CancerCare Foundation for the purpose of | ||||||
9 | furthering pancreatic cancer research. | ||||||
10 | (8) The Developmental Disabilities Awareness Fund. All | ||||||
11 | money in the Developmental Disabilities Awareness Fund | ||||||
12 | shall be paid as grants to the Illinois Department of | ||||||
13 | Human Services to fund legal aid groups to assist with | ||||||
14 | guardianship fees for private citizens willing to become | ||||||
15 | guardians for individuals with developmental disabilities | ||||||
16 | but who are unable to pay the legal fees associated with | ||||||
17 | becoming a guardian. | ||||||
18 | (9) The Pediatric Cancer Awareness Fund. All money in | ||||||
19 | the Pediatric Cancer Awareness Fund shall be paid as | ||||||
20 | grants to the Cancer Center at Illinois for pediatric | ||||||
21 | cancer treatment and research. | ||||||
22 | (10) The Folds of Honor Foundation Fund. All money in | ||||||
23 | the Folds of Honor Foundation Fund shall be paid as grants | ||||||
24 | to the Folds of Honor Foundation to aid in providing | ||||||
25 | educational scholarships to military families. | ||||||
26 | (11) The Experimental Aircraft Association Fund. All |
| |||||||
| |||||||
1 | money in the Experimental Aircraft Association Fund shall | ||||||
2 | be paid, subject to appropriation by the General Assembly | ||||||
3 | and distribution by the Secretary, as grants to promote | ||||||
4 | recreational aviation. | ||||||
5 | (12) The Child Abuse Council of the Quad Cities Fund. | ||||||
6 | All money in the Child Abuse Council of the Quad Cities | ||||||
7 | Fund shall be paid as grants to benefit the Child Abuse | ||||||
8 | Council of the Quad Cities. | ||||||
9 | (13) The Illinois Health Care Workers Benefit Fund. | ||||||
10 | All money in the Illinois Health Care Workers Benefit Fund | ||||||
11 | shall be paid as grants to the Trinity Health Foundation | ||||||
12 | for the benefit of health care workers, doctors, nurses, | ||||||
13 | and others who work in the health care industry in this | ||||||
14 | State. | ||||||
15 | (14) The Future Farmers of America Fund. All money in | ||||||
16 | the Future Farmers of America Fund shall be paid as grants | ||||||
17 | to the Illinois Association of Future Farmers of America. | ||||||
18 | (15) The Tick Research, Education, and Evaluation | ||||||
19 | Fund. All money in the Tick Research, Education, and | ||||||
20 | Evaluation Fund shall be paid as grants to the Illinois | ||||||
21 | Lyme Association. | ||||||
22 | (Source: P.A. 102-383, eff. 1-1-22; 102-422, eff. 8-20-21; | ||||||
23 | 102-423, eff. 8-20-21; 102-515, eff. 1-1-22; 102-558, eff. | ||||||
24 | 8-20-21; 102-809, eff. 1-1-23; 102-813, eff. 5-13-22; 103-112, | ||||||
25 | eff. 1-1-24; 103-163, eff. 1-1-24; 103-349, eff. 1-1-24; | ||||||
26 | revised 12-15-23.)
|
| |||||||
| |||||||
1 | (625 ILCS 5/6-103) (from Ch. 95 1/2, par. 6-103) | ||||||
2 | Sec. 6-103. What persons shall not be licensed as drivers | ||||||
3 | or granted permits. The Secretary of State shall not issue, | ||||||
4 | renew, or allow the retention of any driver's license nor | ||||||
5 | issue any permit under this Code: | ||||||
6 | 1. To any person, as a driver, who is under the age of | ||||||
7 | 18 years except as provided in Section 6-107, and except | ||||||
8 | that an instruction permit may be issued under Section | ||||||
9 | 6-107.1 to a child who is not less than 15 years of age if | ||||||
10 | the child is enrolled in an approved driver education | ||||||
11 | course as defined in Section 1-103 of this Code and | ||||||
12 | requires an instruction permit to participate therein, | ||||||
13 | except that an instruction permit may be issued under the | ||||||
14 | provisions of Section 6-107.1 to a child who is 17 years | ||||||
15 | and 3 months of age without the child having enrolled in an | ||||||
16 | approved driver education course and except that an | ||||||
17 | instruction permit may be issued to a child who is at least | ||||||
18 | 15 years and 3 months of age, is enrolled in school, meets | ||||||
19 | the educational requirements of the Driver Education Act, | ||||||
20 | and has passed examinations the Secretary of State in his | ||||||
21 | or her discretion may prescribe; | ||||||
22 | 1.5. To any person at least 18 years of age but less | ||||||
23 | than 21 years of age unless the person has, in addition to | ||||||
24 | any other requirements of this Code, successfully | ||||||
25 | completed an adult driver education course as provided in |
| |||||||
| |||||||
1 | Section 6-107.5 of this Code; | ||||||
2 | 2. To any person who is under the age of 18 as an | ||||||
3 | operator of a motorcycle other than a motor driven cycle | ||||||
4 | unless the person has, in addition to meeting the | ||||||
5 | provisions of Section 6-107 of this Code, successfully | ||||||
6 | completed a motorcycle training course approved by the | ||||||
7 | Illinois Department of Transportation; | ||||||
8 | 3. To any person, as a driver, whose driver's license | ||||||
9 | or permit has been suspended, during the suspension, nor | ||||||
10 | to any person whose driver's license or permit has been | ||||||
11 | revoked, except as provided in Sections 6-205, 6-206, and | ||||||
12 | 6-208; | ||||||
13 | 4. To any person, as a driver, who is a user of alcohol | ||||||
14 | or any other drug to a degree that renders the person | ||||||
15 | incapable of safely driving a motor vehicle; | ||||||
16 | 5. To any person, as a driver, who has previously been | ||||||
17 | adjudged to be afflicted with or suffering from any mental | ||||||
18 | or physical disability or disease and who has not at the | ||||||
19 | time of application been restored to competency by the | ||||||
20 | methods provided by law; | ||||||
21 | 6. To any person, as a driver, who is required by the | ||||||
22 | Secretary of State to submit an alcohol and drug | ||||||
23 | evaluation or take an examination provided for in this | ||||||
24 | Code unless the person has successfully passed the | ||||||
25 | examination and submitted any required evaluation; | ||||||
26 | 7. To any person who is required under the provisions |
| |||||||
| |||||||
1 | of the laws of this State to deposit security or proof of | ||||||
2 | financial responsibility and who has not deposited the | ||||||
3 | security or proof; | ||||||
4 | 8. To any person when the Secretary of State has good | ||||||
5 | cause to believe that the person by reason of physical or | ||||||
6 | mental disability would not be able to safely operate a | ||||||
7 | motor vehicle upon the highways, unless the person shall | ||||||
8 | furnish to the Secretary of State a verified written | ||||||
9 | statement, acceptable to the Secretary of State, from a | ||||||
10 | competent medical specialist, a licensed physician | ||||||
11 | assistant, or a licensed advanced practice registered | ||||||
12 | nurse, to the effect that the operation of a motor vehicle | ||||||
13 | by the person would not be inimical to the public safety; | ||||||
14 | 9. To any person, as a driver, who is 69 years of age | ||||||
15 | or older, unless the person has successfully complied with | ||||||
16 | the provisions of Section 6-109; | ||||||
17 | 10. To any person convicted, within 12 months of | ||||||
18 | application for a license, of any of the sexual offenses | ||||||
19 | enumerated in paragraph 2 of subsection (b) of Section | ||||||
20 | 6-205; | ||||||
21 | 11. To any person who is under the age of 21 years with | ||||||
22 | a classification prohibited in paragraph (b) of Section | ||||||
23 | 6-104 and to any person who is under the age of 18 years | ||||||
24 | with a classification prohibited in paragraph (c) of | ||||||
25 | Section 6-104; | ||||||
26 | 12. To any person who has been either convicted of or |
| |||||||
| |||||||
1 | adjudicated under the Juvenile Court Act of 1987 based | ||||||
2 | upon a violation of the Cannabis Control Act, the Illinois | ||||||
3 | Controlled Substances Act, or the Methamphetamine Control | ||||||
4 | and Community Protection Act while that person was in | ||||||
5 | actual physical control of a motor vehicle. For purposes | ||||||
6 | of this Section, any person placed on probation under | ||||||
7 | Section 10 of the Cannabis Control Act, Section 410 of the | ||||||
8 | Illinois Controlled Substances Act, or Section 70 of the | ||||||
9 | Methamphetamine Control and Community Protection Act shall | ||||||
10 | not be considered convicted. Any person found guilty of | ||||||
11 | this offense, while in actual physical control of a motor | ||||||
12 | vehicle, shall have an entry made in the court record by | ||||||
13 | the judge that this offense did occur while the person was | ||||||
14 | in actual physical control of a motor vehicle and order | ||||||
15 | the clerk of the court to report the violation to the | ||||||
16 | Secretary of State as such. The Secretary of State shall | ||||||
17 | not issue a new license or permit for a period of one year; | ||||||
18 | 13. To any person who is under the age of 18 years and | ||||||
19 | who has committed the offense of operating a motor vehicle | ||||||
20 | without a valid license or permit in violation of Section | ||||||
21 | 6-101 or a similar out-of-state out of state offense; | ||||||
22 | 14. To any person who is 90 days or more delinquent in | ||||||
23 | court ordered child support payments or has been | ||||||
24 | adjudicated in arrears in an amount equal to 90 days' | ||||||
25 | obligation or more and who has been found in contempt of | ||||||
26 | court for failure to pay the support, subject to the |
| |||||||
| |||||||
1 | requirements and procedures of Article VII of Chapter 7 of | ||||||
2 | the Illinois Vehicle Code; | ||||||
3 | 14.5. To any person certified by the Illinois | ||||||
4 | Department of Healthcare and Family Services as being 90 | ||||||
5 | days or more delinquent in payment of support under an | ||||||
6 | order of support entered by a court or administrative body | ||||||
7 | of this or any other State, subject to the requirements | ||||||
8 | and procedures of Article VII of Chapter 7 of this Code | ||||||
9 | regarding those certifications; | ||||||
10 | 15. To any person released from a term of imprisonment | ||||||
11 | for violating Section 9-3 of the Criminal Code of 1961 or | ||||||
12 | the Criminal Code of 2012, or a similar provision of a law | ||||||
13 | of another state relating to reckless homicide or for | ||||||
14 | violating subparagraph (F) of paragraph (1) of subsection | ||||||
15 | (d) of Section 11-501 of this Code relating to aggravated | ||||||
16 | driving under the influence of alcohol, other drug or | ||||||
17 | drugs, intoxicating compound or compounds, or any | ||||||
18 | combination thereof, if the violation was the proximate | ||||||
19 | cause of a death, within 24 months of release from a term | ||||||
20 | of imprisonment; | ||||||
21 | 16. To any person who, with intent to influence any | ||||||
22 | act related to the issuance of any driver's license or | ||||||
23 | permit, by an employee of the Secretary of State's Office, | ||||||
24 | or the owner or employee of any commercial driver training | ||||||
25 | school licensed by the Secretary of State, or any other | ||||||
26 | individual authorized by the laws of this State to give |
| |||||||
| |||||||
1 | driving instructions or administer all or part of a | ||||||
2 | driver's license examination, promises or tenders to that | ||||||
3 | person any property or personal advantage which that | ||||||
4 | person is not authorized by law to accept. Any persons | ||||||
5 | promising or tendering such property or personal advantage | ||||||
6 | shall be disqualified from holding any class of driver's | ||||||
7 | license or permit for 120 consecutive days. The Secretary | ||||||
8 | of State shall establish by rule the procedures for | ||||||
9 | implementing this period of disqualification and the | ||||||
10 | procedures by which persons so disqualified may obtain | ||||||
11 | administrative review of the decision to disqualify; | ||||||
12 | 17. To any person for whom the Secretary of State | ||||||
13 | cannot verify the accuracy of any information or | ||||||
14 | documentation submitted in application for a driver's | ||||||
15 | license; | ||||||
16 | 18. To any person who has been adjudicated under the | ||||||
17 | Juvenile Court Act of 1987 based upon an offense that is | ||||||
18 | determined by the court to have been committed in | ||||||
19 | furtherance of the criminal activities of an organized | ||||||
20 | gang, as provided in Section 5-710 of that Act, and that | ||||||
21 | involved the operation or use of a motor vehicle or the use | ||||||
22 | of a driver's license or permit. The person shall be | ||||||
23 | denied a license or permit for the period determined by | ||||||
24 | the court; or | ||||||
25 | 19. To any person who holds a REAL ID compliant | ||||||
26 | identification card or REAL ID compliant Person with a |
| |||||||
| |||||||
1 | Disability Identification Card issued under the Illinois | ||||||
2 | Identification Card Act. Any such person may, at his or | ||||||
3 | her discretion, surrender the REAL ID compliant | ||||||
4 | identification card or REAL ID compliant Person with a | ||||||
5 | Disability Identification Card in order to become eligible | ||||||
6 | to obtain a REAL ID compliant driver's license. | ||||||
7 | The Secretary of State shall retain all conviction | ||||||
8 | information, if the information is required to be held | ||||||
9 | confidential under the Juvenile Court Act of 1987. | ||||||
10 | (Source: P.A. 103-162, eff. 1-1-24; revised 1-2-24.)
| ||||||
11 | (625 ILCS 5/6-106.1) | ||||||
12 | Sec. 6-106.1. School bus driver permit. | ||||||
13 | (a) The Secretary of State shall issue a school bus driver | ||||||
14 | permit for the operation of first or second division vehicles | ||||||
15 | being operated as school buses or a permit valid only for the | ||||||
16 | operation of first division vehicles being operated as school | ||||||
17 | buses to those applicants who have met all the requirements of | ||||||
18 | the application and screening process under this Section to | ||||||
19 | insure the welfare and safety of children who are transported | ||||||
20 | on school buses throughout the State of Illinois. Applicants | ||||||
21 | shall obtain the proper application required by the Secretary | ||||||
22 | of State from their prospective or current employer and submit | ||||||
23 | the completed application to the prospective or current | ||||||
24 | employer along with the necessary fingerprint submission as | ||||||
25 | required by the Illinois State Police to conduct |
| |||||||
| |||||||
1 | fingerprint-based fingerprint based criminal background checks | ||||||
2 | on current and future information available in the State state | ||||||
3 | system and current information available through the Federal | ||||||
4 | Bureau of Investigation's system. Applicants who have | ||||||
5 | completed the fingerprinting requirements shall not be | ||||||
6 | subjected to the fingerprinting process when applying for | ||||||
7 | subsequent permits or submitting proof of successful | ||||||
8 | completion of the annual refresher course. Individuals who on | ||||||
9 | July 1, 1995 (the effective date of Public Act 88-612) possess | ||||||
10 | a valid school bus driver permit that has been previously | ||||||
11 | issued by the appropriate Regional School Superintendent are | ||||||
12 | not subject to the fingerprinting provisions of this Section | ||||||
13 | as long as the permit remains valid and does not lapse. The | ||||||
14 | applicant shall be required to pay all related application and | ||||||
15 | fingerprinting fees as established by rule , including, but not | ||||||
16 | limited to, the amounts established by the Illinois State | ||||||
17 | Police and the Federal Bureau of Investigation to process | ||||||
18 | fingerprint-based fingerprint based criminal background | ||||||
19 | investigations. All fees paid for fingerprint processing | ||||||
20 | services under this Section shall be deposited into the State | ||||||
21 | Police Services Fund for the cost incurred in processing the | ||||||
22 | fingerprint-based fingerprint based criminal background | ||||||
23 | investigations. All other fees paid under this Section shall | ||||||
24 | be deposited into the Road Fund for the purpose of defraying | ||||||
25 | the costs of the Secretary of State in administering this | ||||||
26 | Section. All applicants must: |
| |||||||
| |||||||
1 | 1. be 21 years of age or older; | ||||||
2 | 2. possess a valid and properly classified driver's | ||||||
3 | license issued by the Secretary of State; | ||||||
4 | 3. possess a valid driver's license, which has not | ||||||
5 | been revoked, suspended, or canceled for 3 years | ||||||
6 | immediately prior to the date of application, or have not | ||||||
7 | had his or her commercial motor vehicle driving privileges | ||||||
8 | disqualified within the 3 years immediately prior to the | ||||||
9 | date of application; | ||||||
10 | 4. successfully pass a first division or second | ||||||
11 | division written test, administered by the Secretary of | ||||||
12 | State, on school bus operation, school bus safety, and | ||||||
13 | special traffic laws relating to school buses and submit | ||||||
14 | to a review of the applicant's driving habits by the | ||||||
15 | Secretary of State at the time the written test is given; | ||||||
16 | 5. demonstrate ability to exercise reasonable care in | ||||||
17 | the operation of school buses in accordance with rules | ||||||
18 | promulgated by the Secretary of State; | ||||||
19 | 6. demonstrate physical fitness to operate school | ||||||
20 | buses by submitting the results of a medical examination, | ||||||
21 | including tests for drug use for each applicant not | ||||||
22 | subject to such testing pursuant to federal law, conducted | ||||||
23 | by a licensed physician, a licensed advanced practice | ||||||
24 | registered nurse, or a licensed physician assistant within | ||||||
25 | 90 days of the date of application according to standards | ||||||
26 | promulgated by the Secretary of State; |
| |||||||
| |||||||
1 | 7. affirm under penalties of perjury that he or she | ||||||
2 | has not made a false statement or knowingly concealed a | ||||||
3 | material fact in any application for permit; | ||||||
4 | 8. have completed an initial classroom course, | ||||||
5 | including first aid procedures, in school bus driver | ||||||
6 | safety as promulgated by the Secretary of State ; and , | ||||||
7 | after satisfactory completion of said initial course , an | ||||||
8 | annual refresher course; such courses and the agency or | ||||||
9 | organization conducting such courses shall be approved by | ||||||
10 | the Secretary of State; failure to complete the annual | ||||||
11 | refresher course , shall result in cancellation of the | ||||||
12 | permit until such course is completed; | ||||||
13 | 9. not have been under an order of court supervision | ||||||
14 | for or convicted of 2 or more serious traffic offenses, as | ||||||
15 | defined by rule, within one year prior to the date of | ||||||
16 | application that may endanger the life or safety of any of | ||||||
17 | the driver's passengers within the duration of the permit | ||||||
18 | period; | ||||||
19 | 10. not have been under an order of court supervision | ||||||
20 | for or convicted of reckless driving, aggravated reckless | ||||||
21 | driving, driving while under the influence of alcohol, | ||||||
22 | other drug or drugs, intoxicating compound or compounds or | ||||||
23 | any combination thereof, or reckless homicide resulting | ||||||
24 | from the operation of a motor vehicle within 3 years of the | ||||||
25 | date of application; | ||||||
26 | 11. not have been convicted of committing or |
| |||||||
| |||||||
1 | attempting to commit any one or more of the following | ||||||
2 | offenses: (i) those offenses defined in Sections 8-1, | ||||||
3 | 8-1.2, 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 9-3.3, 10-1, | ||||||
4 | 10-2, 10-3.1, 10-4, 10-5, 10-5.1, 10-6, 10-7, 10-9, | ||||||
5 | 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-6.5, | ||||||
6 | 11-6.6, 11-9, 11-9.1, 11-9.1A, 11-9.3, 11-9.4, 11-9.4-1, | ||||||
7 | 11-14, 11-14.1, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, | ||||||
8 | 11-17, 11-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, | ||||||
9 | 11-20, 11-20.1, 11-20.1B, 11-20.3, 11-21, 11-22, 11-23, | ||||||
10 | 11-24, 11-25, 11-26, 11-30, 12-2.6, 12-3.05, 12-3.1, | ||||||
11 | 12-3.3, 12-4, 12-4.1, 12-4.2, 12-4.2-5, 12-4.3, 12-4.4, | ||||||
12 | 12-4.5, 12-4.6, 12-4.7, 12-4.9, 12-5.3, 12-6, 12-6.2, | ||||||
13 | 12-7.1, 12-7.3, 12-7.4, 12-7.5, 12-11, 12-13, 12-14, | ||||||
14 | 12-14.1, 12-15, 12-16, 12-21.5, 12-21.6, 12-33, 12C-5, | ||||||
15 | 12C-10, 12C-20, 12C-30, 12C-45, 16-16, 16-16.1, 18-1, | ||||||
16 | 18-2, 18-3, 18-4, 18-5, 19-6, 20-1, 20-1.1, 20-1.2, | ||||||
17 | 20-1.3, 20-2, 24-1, 24-1.1, 24-1.2, 24-1.2-5, 24-1.6, | ||||||
18 | 24-1.7, 24-2.1, 24-3.3, 24-3.5, 24-3.8, 24-3.9, 31A-1.1, | ||||||
19 | 33A-2, and 33D-1, in subsection (A), clauses (a) and (b), | ||||||
20 | of Section 24-3, and those offenses contained in Article | ||||||
21 | 29D of the Criminal Code of 1961 or the Criminal Code of | ||||||
22 | 2012; (ii) those offenses defined in the Cannabis Control | ||||||
23 | Act except those offenses defined in subsections (a) and | ||||||
24 | (b) of Section 4, and subsection (a) of Section 5 of the | ||||||
25 | Cannabis Control Act; (iii) those offenses defined in the | ||||||
26 | Illinois Controlled Substances Act; (iv) those offenses |
| |||||||
| |||||||
1 | defined in the Methamphetamine Control and Community | ||||||
2 | Protection Act; (v) any offense committed or attempted in | ||||||
3 | any other state or against the laws of the United States, | ||||||
4 | which if committed or attempted in this State would be | ||||||
5 | punishable as one or more of the foregoing offenses; (vi) | ||||||
6 | the offenses defined in Section 4.1 and 5.1 of the Wrongs | ||||||
7 | to Children Act or Section 11-9.1A of the Criminal Code of | ||||||
8 | 1961 or the Criminal Code of 2012; (vii) those offenses | ||||||
9 | defined in Section 6-16 of the Liquor Control Act of 1934; | ||||||
10 | and (viii) those offenses defined in the Methamphetamine | ||||||
11 | Precursor Control Act; | ||||||
12 | 12. not have been repeatedly involved as a driver in | ||||||
13 | motor vehicle collisions or been repeatedly convicted of | ||||||
14 | offenses against laws and ordinances regulating the | ||||||
15 | movement of traffic, to a degree which indicates lack of | ||||||
16 | ability to exercise ordinary and reasonable care in the | ||||||
17 | safe operation of a motor vehicle or disrespect for the | ||||||
18 | traffic laws and the safety of other persons upon the | ||||||
19 | highway; | ||||||
20 | 13. not have, through the unlawful operation of a | ||||||
21 | motor vehicle, caused a crash resulting in the death of | ||||||
22 | any person; | ||||||
23 | 14. not have, within the last 5 years, been adjudged | ||||||
24 | to be afflicted with or suffering from any mental | ||||||
25 | disability or disease; | ||||||
26 | 15. consent, in writing, to the release of results of |
| |||||||
| |||||||
1 | reasonable suspicion drug and alcohol testing under | ||||||
2 | Section 6-106.1c of this Code by the employer of the | ||||||
3 | applicant to the Secretary of State; and | ||||||
4 | 16. not have been convicted of committing or | ||||||
5 | attempting to commit within the last 20 years: (i) an | ||||||
6 | offense defined in subsection (c) of Section 4, subsection | ||||||
7 | (b) of Section 5, and subsection (a) of Section 8 of the | ||||||
8 | Cannabis Control Act; or (ii) any offenses in any other | ||||||
9 | state or against the laws of the United States that, if | ||||||
10 | committed or attempted in this State, would be punishable | ||||||
11 | as one or more of the foregoing offenses. | ||||||
12 | (a-5) If an applicant's driver's license has been | ||||||
13 | suspended within the 3 years immediately prior to the date of | ||||||
14 | application for the sole reason of failure to pay child | ||||||
15 | support, that suspension shall not bar the applicant from | ||||||
16 | receiving a school bus driver permit. | ||||||
17 | (a-10) (a-5) By January 1, 2024, the Secretary of State, | ||||||
18 | in conjunction with the Illinois State Board of Education, | ||||||
19 | shall develop a separate classroom course and refresher course | ||||||
20 | for operation of vehicles of the first division being operated | ||||||
21 | as school buses. Regional superintendents of schools, working | ||||||
22 | with the Illinois State Board of Education, shall offer the | ||||||
23 | course. | ||||||
24 | (b) A school bus driver permit shall be valid for a period | ||||||
25 | specified by the Secretary of State as set forth by rule. It | ||||||
26 | shall be renewable upon compliance with subsection (a) of this |
| |||||||
| |||||||
1 | Section. | ||||||
2 | (c) A school bus driver permit shall contain the holder's | ||||||
3 | driver's license number, legal name, residence address, zip | ||||||
4 | code, and date of birth, a brief description of the holder , and | ||||||
5 | a space for signature. The Secretary of State may require a | ||||||
6 | suitable photograph of the holder. | ||||||
7 | (d) The employer shall be responsible for conducting a | ||||||
8 | pre-employment interview with prospective school bus driver | ||||||
9 | candidates, distributing school bus driver applications and | ||||||
10 | medical forms to be completed by the applicant, and submitting | ||||||
11 | the applicant's fingerprint cards to the Illinois State Police | ||||||
12 | that are required for the criminal background investigations. | ||||||
13 | The employer shall certify in writing to the Secretary of | ||||||
14 | State that all pre-employment conditions have been | ||||||
15 | successfully completed including the successful completion of | ||||||
16 | an Illinois specific criminal background investigation through | ||||||
17 | the Illinois State Police and the submission of necessary | ||||||
18 | fingerprints to the Federal Bureau of Investigation for | ||||||
19 | criminal history information available through the Federal | ||||||
20 | Bureau of Investigation system. The applicant shall present | ||||||
21 | the certification to the Secretary of State at the time of | ||||||
22 | submitting the school bus driver permit application. | ||||||
23 | (e) Permits shall initially be provisional upon receiving | ||||||
24 | certification from the employer that all pre-employment | ||||||
25 | conditions have been successfully completed, and upon | ||||||
26 | successful completion of all training and examination |
| |||||||
| |||||||
1 | requirements for the classification of the vehicle to be | ||||||
2 | operated, the Secretary of State shall provisionally issue a | ||||||
3 | School Bus Driver Permit. The permit shall remain in a | ||||||
4 | provisional status pending the completion of the Federal | ||||||
5 | Bureau of Investigation's criminal background investigation | ||||||
6 | based upon fingerprinting specimens submitted to the Federal | ||||||
7 | Bureau of Investigation by the Illinois State Police. The | ||||||
8 | Federal Bureau of Investigation shall report the findings | ||||||
9 | directly to the Secretary of State. The Secretary of State | ||||||
10 | shall remove the bus driver permit from provisional status | ||||||
11 | upon the applicant's successful completion of the Federal | ||||||
12 | Bureau of Investigation's criminal background investigation. | ||||||
13 | (f) A school bus driver permit holder shall notify the | ||||||
14 | employer and the Secretary of State if he or she is issued an | ||||||
15 | order of court supervision for or convicted in another state | ||||||
16 | of an offense that would make him or her ineligible for a | ||||||
17 | permit under subsection (a) of this Section. The written | ||||||
18 | notification shall be made within 5 days of the entry of the | ||||||
19 | order of court supervision or conviction. Failure of the | ||||||
20 | permit holder to provide the notification is punishable as a | ||||||
21 | petty offense for a first violation and a Class B misdemeanor | ||||||
22 | for a second or subsequent violation. | ||||||
23 | (g) Cancellation; suspension; notice and procedure. | ||||||
24 | (1) The Secretary of State shall cancel a school bus | ||||||
25 | driver permit of an applicant whose criminal background | ||||||
26 | investigation discloses that he or she is not in |
| |||||||
| |||||||
1 | compliance with the provisions of subsection (a) of this | ||||||
2 | Section. | ||||||
3 | (2) The Secretary of State shall cancel a school bus | ||||||
4 | driver permit when he or she receives notice that the | ||||||
5 | permit holder fails to comply with any provision of this | ||||||
6 | Section or any rule promulgated for the administration of | ||||||
7 | this Section. | ||||||
8 | (3) The Secretary of State shall cancel a school bus | ||||||
9 | driver permit if the permit holder's restricted commercial | ||||||
10 | or commercial driving privileges are withdrawn or | ||||||
11 | otherwise invalidated. | ||||||
12 | (4) The Secretary of State may not issue a school bus | ||||||
13 | driver permit for a period of 3 years to an applicant who | ||||||
14 | fails to obtain a negative result on a drug test as | ||||||
15 | required in item 6 of subsection (a) of this Section or | ||||||
16 | under federal law. | ||||||
17 | (5) The Secretary of State shall forthwith suspend a | ||||||
18 | school bus driver permit for a period of 3 years upon | ||||||
19 | receiving notice that the holder has failed to obtain a | ||||||
20 | negative result on a drug test as required in item 6 of | ||||||
21 | subsection (a) of this Section or under federal law. | ||||||
22 | (6) The Secretary of State shall suspend a school bus | ||||||
23 | driver permit for a period of 3 years upon receiving | ||||||
24 | notice from the employer that the holder failed to perform | ||||||
25 | the inspection procedure set forth in subsection (a) or | ||||||
26 | (b) of Section 12-816 of this Code. |
| |||||||
| |||||||
1 | (7) The Secretary of State shall suspend a school bus | ||||||
2 | driver permit for a period of 3 years upon receiving | ||||||
3 | notice from the employer that the holder refused to submit | ||||||
4 | to an alcohol or drug test as required by Section 6-106.1c | ||||||
5 | or has submitted to a test required by that Section which | ||||||
6 | disclosed an alcohol concentration of more than 0.00 or | ||||||
7 | disclosed a positive result on a National Institute on | ||||||
8 | Drug Abuse five-drug panel, utilizing federal standards | ||||||
9 | set forth in 49 CFR 40.87. | ||||||
10 | The Secretary of State shall notify the State | ||||||
11 | Superintendent of Education and the permit holder's | ||||||
12 | prospective or current employer that the applicant has (1) has | ||||||
13 | failed a criminal background investigation or (2) is no longer | ||||||
14 | eligible for a school bus driver permit; and of the related | ||||||
15 | cancellation of the applicant's provisional school bus driver | ||||||
16 | permit. The cancellation shall remain in effect pending the | ||||||
17 | outcome of a hearing pursuant to Section 2-118 of this Code. | ||||||
18 | The scope of the hearing shall be limited to the issuance | ||||||
19 | criteria contained in subsection (a) of this Section. A | ||||||
20 | petition requesting a hearing shall be submitted to the | ||||||
21 | Secretary of State and shall contain the reason the individual | ||||||
22 | feels he or she is entitled to a school bus driver permit. The | ||||||
23 | permit holder's employer shall notify in writing to the | ||||||
24 | Secretary of State that the employer has certified the removal | ||||||
25 | of the offending school bus driver from service prior to the | ||||||
26 | start of that school bus driver's next work shift workshift . |
| |||||||
| |||||||
1 | An employing school board that fails to remove the offending | ||||||
2 | school bus driver from service is subject to the penalties | ||||||
3 | defined in Section 3-14.23 of the School Code. A school bus | ||||||
4 | contractor who violates a provision of this Section is subject | ||||||
5 | to the penalties defined in Section 6-106.11. | ||||||
6 | All valid school bus driver permits issued under this | ||||||
7 | Section prior to January 1, 1995, shall remain effective until | ||||||
8 | their expiration date unless otherwise invalidated. | ||||||
9 | (h) When a school bus driver permit holder who is a service | ||||||
10 | member is called to active duty, the employer of the permit | ||||||
11 | holder shall notify the Secretary of State, within 30 days of | ||||||
12 | notification from the permit holder, that the permit holder | ||||||
13 | has been called to active duty. Upon notification pursuant to | ||||||
14 | this subsection, (i) the Secretary of State shall characterize | ||||||
15 | the permit as inactive until a permit holder renews the permit | ||||||
16 | as provided in subsection (i) of this Section, and (ii) if a | ||||||
17 | permit holder fails to comply with the requirements of this | ||||||
18 | Section while called to active duty, the Secretary of State | ||||||
19 | shall not characterize the permit as invalid. | ||||||
20 | (i) A school bus driver permit holder who is a service | ||||||
21 | member returning from active duty must, within 90 days, renew | ||||||
22 | a permit characterized as inactive pursuant to subsection (h) | ||||||
23 | of this Section by complying with the renewal requirements of | ||||||
24 | subsection (b) of this Section. | ||||||
25 | (j) For purposes of subsections (h) and (i) of this | ||||||
26 | Section: |
| |||||||
| |||||||
1 | "Active duty" means active duty pursuant to an executive | ||||||
2 | order of the President of the United States, an act of the | ||||||
3 | Congress of the United States, or an order of the Governor. | ||||||
4 | "Service member" means a member of the Armed Services or | ||||||
5 | reserve forces of the United States or a member of the Illinois | ||||||
6 | National Guard. | ||||||
7 | (k) A private carrier employer of a school bus driver | ||||||
8 | permit holder, having satisfied the employer requirements of | ||||||
9 | this Section, shall be held to a standard of ordinary care for | ||||||
10 | intentional acts committed in the course of employment by the | ||||||
11 | bus driver permit holder. This subsection (k) shall in no way | ||||||
12 | limit the liability of the private carrier employer for | ||||||
13 | violation of any provision of this Section or for the | ||||||
14 | negligent hiring or retention of a school bus driver permit | ||||||
15 | holder. | ||||||
16 | (Source: P.A. 101-458, eff. 1-1-20; 102-168, eff. 7-27-21; | ||||||
17 | 102-299, eff. 8-6-21; 102-538, eff. 8-20-21; 102-726, eff. | ||||||
18 | 1-1-23; 102-813, eff. 5-13-22; 102-982, eff. 7-1-23; 102-1130, | ||||||
19 | eff. 7-1-23; revised 9-19-23.)
| ||||||
20 | (625 ILCS 5/6-118) | ||||||
21 | Sec. 6-118. Fees. | ||||||
22 | (a) The fees for licenses and permits under this Article | ||||||
23 | are as follows: | ||||||
24 | Original driver's license .............................$30 | ||||||
25 | Original or renewal driver's license |
| |||||||
| |||||||
1 | issued to 18, 19 , and 20 year olds ................. $ 5 | ||||||
2 | All driver's licenses for persons | ||||||
3 | age 69 through age 80 .............................. $ 5 | ||||||
4 | All driver's licenses for persons | ||||||
5 | age 81 through age 86 .............................. $ 2 | ||||||
6 | All driver's licenses for persons | ||||||
7 | age 87 or older ....................................$ 0 | ||||||
8 | Renewal driver's license (except for | ||||||
9 | applicants ages 18, 19 , and 20 or | ||||||
10 | age 69 and older) .................................$ 30 | ||||||
11 | Original instruction permit issued to | ||||||
12 | persons (except those age 69 and older) | ||||||
13 | who do not hold or have not previously | ||||||
14 | held an Illinois instruction permit or | ||||||
15 | driver's license .................................. $ 20 | ||||||
16 | Instruction permit issued to any person | ||||||
17 | holding an Illinois driver's license | ||||||
18 | who wishes a change in classifications, | ||||||
19 | other than at the time of renewal .................. $ 5 | ||||||
20 | Any instruction permit issued to a person | ||||||
21 | age 69 and older ................................... $ 5 | ||||||
22 | Instruction permit issued to any person, | ||||||
23 | under age 69, not currently holding a | ||||||
24 | valid Illinois driver's license or | ||||||
25 | instruction permit but who has | ||||||
26 | previously been issued either document |
| |||||||
| |||||||
1 | in Illinois ....................................... $ 10 | ||||||
2 | Restricted driving permit .............................. $ 8 | ||||||
3 | Monitoring device driving permit ...................... $ 8 | ||||||
4 | Duplicate or corrected driver's license | ||||||
5 | or permit .......................................... $ 5 | ||||||
6 | Duplicate or corrected restricted | ||||||
7 | driving permit ..................................... $ 5 | ||||||
8 | Duplicate or corrected monitoring | ||||||
9 | device driving permit .................................. $ 5 | ||||||
10 | Duplicate driver's license or permit issued to | ||||||
11 | an active-duty member of the | ||||||
12 | United States Armed Forces, | ||||||
13 | the member's spouse, or | ||||||
14 | the dependent children living | ||||||
15 | with the member ................................... $ 0 | ||||||
16 | Original or renewal M or L endorsement ................. $ 5 | ||||||
17 | SPECIAL FEES FOR COMMERCIAL DRIVER'S LICENSE | ||||||
18 | The fees for commercial driver licenses and permits | ||||||
19 | under Article V shall be as follows: | ||||||
20 | Commercial driver's license: | ||||||
21 | $6 for the CDLIS/AAMVAnet/NMVTIS Trust Fund | ||||||
22 | (Commercial Driver's License Information | ||||||
23 | System/American Association of Motor Vehicle | ||||||
24 | Administrators network/National Motor Vehicle | ||||||
25 | Title Information Service Trust Fund); | ||||||
26 | $20 for the Motor Carrier Safety Inspection Fund; |
| |||||||
| |||||||
1 | $10 for the driver's license; | ||||||
2 | and $24 for the CDL: ............................. $60 | ||||||
3 | Renewal commercial driver's license: | ||||||
4 | $6 for the CDLIS/AAMVAnet/NMVTIS Trust Fund; | ||||||
5 | $20 for the Motor Carrier Safety Inspection Fund; | ||||||
6 | $10 for the driver's license; and | ||||||
7 | $24 for the CDL: ................................. $60 | ||||||
8 | Commercial learner's permit | ||||||
9 | issued to any person holding a valid | ||||||
10 | Illinois driver's license for the | ||||||
11 | purpose of changing to a | ||||||
12 | CDL classification: | ||||||
13 | $6 for the CDLIS/AAMVAnet/NMVTIS Trust Fund; | ||||||
14 | $20 for the Motor Carrier Safety Inspection Fund; and | ||||||
15 | $24 for the CDL classification ................... $50 | ||||||
16 | Commercial learner's permit | ||||||
17 | issued to any person holding a valid | ||||||
18 | Illinois CDL for the purpose of | ||||||
19 | making a change in a classification, | ||||||
20 | endorsement or restriction ........................ $5 | ||||||
21 | CDL duplicate or corrected license .................... $5 | ||||||
22 | In order to ensure the proper implementation of the | ||||||
23 | Uniform Commercial Driver License Act, Article V of this | ||||||
24 | Chapter, the Secretary of State is empowered to prorate the | ||||||
25 | $24 fee for the commercial driver's license proportionate to | ||||||
26 | the expiration date of the applicant's Illinois driver's |
| |||||||
| |||||||
1 | license. | ||||||
2 | The fee for any duplicate license or permit shall be | ||||||
3 | waived for any person who presents the Secretary of State's | ||||||
4 | office with a police report showing that his license or permit | ||||||
5 | was stolen. | ||||||
6 | The fee for any duplicate license or permit shall be | ||||||
7 | waived for any person age 60 or older whose driver's license or | ||||||
8 | permit has been lost or stolen. | ||||||
9 | No additional fee shall be charged for a driver's license, | ||||||
10 | or for a commercial driver's license, when issued to the | ||||||
11 | holder of an instruction permit for the same classification or | ||||||
12 | type of license who becomes eligible for such license. | ||||||
13 | The fee for a restricted driving permit under this | ||||||
14 | subsection (a) shall be imposed annually until the expiration | ||||||
15 | of the permit. | ||||||
16 | (a-5) The fee for a driver's record or data contained | ||||||
17 | therein is $20 and shall be disbursed as set forth in | ||||||
18 | subsection (k) of Section 2-123 of this Code. | ||||||
19 | (b) Any person whose license or privilege to operate a | ||||||
20 | motor vehicle in this State has been suspended or revoked | ||||||
21 | under Section 3-707, any provision of Chapter 6, Chapter 11, | ||||||
22 | or Section 7-205, 7-303, or 7-702 of the Illinois Safety and | ||||||
23 | Family Financial Responsibility Law of this Code, shall in | ||||||
24 | addition to any other fees required by this Code, pay a | ||||||
25 | reinstatement fee as follows: | ||||||
26 | Suspension under Section 3-707 ..................... $100 |
| |||||||
| |||||||
1 | Suspension under Section 11-1431 ....................$100 | ||||||
2 | Summary suspension under Section 11-501.1 ...........$250 | ||||||
3 | Suspension under Section 11-501.9 ...................$250 | ||||||
4 | Summary revocation under Section 11-501.1 ............$500 | ||||||
5 | Other suspension ......................................$70 | ||||||
6 | Revocation ...........................................$500 | ||||||
7 | However, any person whose license or privilege to operate | ||||||
8 | a motor vehicle in this State has been suspended or revoked for | ||||||
9 | a second or subsequent time for a violation of Section 11-501, | ||||||
10 | 11-501.1, or 11-501.9 of this Code or a similar provision of a | ||||||
11 | local ordinance or a similar out-of-state offense or Section | ||||||
12 | 9-3 of the Criminal Code of 1961 or the Criminal Code of 2012 | ||||||
13 | and each suspension or revocation was for a violation of | ||||||
14 | Section 11-501, 11-501.1, or 11-501.9 of this Code or a | ||||||
15 | similar provision of a local ordinance or a similar | ||||||
16 | out-of-state offense or Section 9-3 of the Criminal Code of | ||||||
17 | 1961 or the Criminal Code of 2012 shall pay, in addition to any | ||||||
18 | other fees required by this Code, a reinstatement fee as | ||||||
19 | follows: | ||||||
20 | Summary suspension under Section 11-501.1 ............$500 | ||||||
21 | Suspension under Section 11-501.9 ...................$500 | ||||||
22 | Summary revocation under Section 11-501.1 ............$500 | ||||||
23 | Revocation ...........................................$500 | ||||||
24 | (c) All fees collected under the provisions of this | ||||||
25 | Chapter 6 shall be disbursed under subsection (g) of Section | ||||||
26 | 2-119 of this Code, except as follows: |
| |||||||
| |||||||
1 | 1. The following amounts shall be paid into the | ||||||
2 | Drivers Education Fund: | ||||||
3 | (A) $16 of the $20 fee for an original driver's | ||||||
4 | instruction permit; | ||||||
5 | (B) $5 of the $30 fee for an original driver's | ||||||
6 | license; | ||||||
7 | (C) $5 of the $30 fee for a 4 year renewal driver's | ||||||
8 | license; | ||||||
9 | (D) $4 of the $8 fee for a restricted driving | ||||||
10 | permit; and | ||||||
11 | (E) $4 of the $8 fee for a monitoring device | ||||||
12 | driving permit. | ||||||
13 | 2. $30 of the $250 fee for reinstatement of a license | ||||||
14 | summarily suspended under Section 11-501.1 or suspended | ||||||
15 | under Section 11-501.9 shall be deposited into the Drunk | ||||||
16 | and Drugged Driving Prevention Fund. However, for a person | ||||||
17 | whose license or privilege to operate a motor vehicle in | ||||||
18 | this State has been suspended or revoked for a second or | ||||||
19 | subsequent time for a violation of Section 11-501, | ||||||
20 | 11-501.1, or 11-501.9 of this Code or Section 9-3 of the | ||||||
21 | Criminal Code of 1961 or the Criminal Code of 2012, $190 of | ||||||
22 | the $500 fee for reinstatement of a license summarily | ||||||
23 | suspended under Section 11-501.1 or suspended under | ||||||
24 | Section 11-501.9, and $190 of the $500 fee for | ||||||
25 | reinstatement of a revoked license shall be deposited into | ||||||
26 | the Drunk and Drugged Driving Prevention Fund. $190 of the |
| |||||||
| |||||||
1 | $500 fee for reinstatement of a license summarily revoked | ||||||
2 | pursuant to Section 11-501.1 shall be deposited into the | ||||||
3 | Drunk and Drugged Driving Prevention Fund. | ||||||
4 | 3. $6 of the original or renewal fee for a commercial | ||||||
5 | driver's license and $6 of the commercial learner's permit | ||||||
6 | fee when the permit is issued to any person holding a valid | ||||||
7 | Illinois driver's license, shall be paid into the | ||||||
8 | CDLIS/AAMVAnet/NMVTIS Trust Fund. | ||||||
9 | 4. $30 of the $70 fee for reinstatement of a license | ||||||
10 | suspended under the Illinois Safety and Family Financial | ||||||
11 | Responsibility Law shall be paid into the Family | ||||||
12 | Responsibility Fund. | ||||||
13 | 5. The $5 fee for each original or renewal M or L | ||||||
14 | endorsement shall be deposited into the Cycle Rider Safety | ||||||
15 | Training Fund. | ||||||
16 | 6. $20 of any original or renewal fee for a commercial | ||||||
17 | driver's license or commercial learner's permit shall be | ||||||
18 | paid into the Motor Carrier Safety Inspection Fund. | ||||||
19 | 7. The following amounts shall be paid into the | ||||||
20 | General Revenue Fund: | ||||||
21 | (A) $190 of the $250 reinstatement fee for a | ||||||
22 | summary suspension under Section 11-501.1 or a | ||||||
23 | suspension under Section 11-501.9; | ||||||
24 | (B) $40 of the $70 reinstatement fee for any other | ||||||
25 | suspension provided in subsection (b) of this Section; | ||||||
26 | and |
| |||||||
| |||||||
1 | (C) $440 of the $500 reinstatement fee for a first | ||||||
2 | offense revocation and $310 of the $500 reinstatement | ||||||
3 | fee for a second or subsequent revocation. | ||||||
4 | 8. Fees collected under paragraph (4) of subsection | ||||||
5 | (d) and subsection (h) of Section 6-205 of this Code; | ||||||
6 | subparagraph (C) of paragraph 3 of subsection (c) of | ||||||
7 | Section 6-206 of this Code; and paragraph (4) of | ||||||
8 | subsection (a) of Section 6-206.1 of this Code, shall be | ||||||
9 | paid into the funds set forth in those Sections. | ||||||
10 | (d) All of the proceeds of the additional fees imposed by | ||||||
11 | this amendatory Act of the 96th General Assembly shall be | ||||||
12 | deposited into the Capital Projects Fund. | ||||||
13 | (e) The additional fees imposed by this amendatory Act of | ||||||
14 | the 96th General Assembly shall become effective 90 days after | ||||||
15 | becoming law. The additional fees imposed by this amendatory | ||||||
16 | Act of the 103rd General Assembly shall become effective July | ||||||
17 | 1, 2023 and shall be paid into the Secretary of State Special | ||||||
18 | Services Fund. | ||||||
19 | (f) As used in this Section, "active-duty member of the | ||||||
20 | United States Armed Forces" means a member of the Armed | ||||||
21 | Services or Reserve Forces of the United States or a member of | ||||||
22 | the Illinois National Guard who is called to active duty | ||||||
23 | pursuant to an executive order of the President of the United | ||||||
24 | States, an act of the Congress of the United States, or an | ||||||
25 | order of the Governor. | ||||||
26 | (Source: P.A. 103-8, eff. 7-1-23; revised 9-26-23.)
|
| |||||||
| |||||||
1 | (625 ILCS 5/6-508.5) | ||||||
2 | Sec. 6-508.5. Drug and alcohol clearinghouse. | ||||||
3 | (a) No driver who has engaged in conduct prohibited by | ||||||
4 | subpart B of 49 CFR 382 shall perform safety-sensitive | ||||||
5 | functions, including driving a commercial motor vehicle, | ||||||
6 | unless the driver has met the return-to-duty return to duty | ||||||
7 | requirements of subpart O of 49 CFR 40 and, if the driver's CDL | ||||||
8 | or CLP was canceled, has had the CDL or CLP reinstated. | ||||||
9 | (b) By applying for a CDL or CLP, a driver is deemed to | ||||||
10 | have consented to the release of information from the drug and | ||||||
11 | alcohol clearinghouse to the Secretary of State. | ||||||
12 | (c) No later than November 18, 2024, the Secretary shall | ||||||
13 | request information from the drug and alcohol clearinghouse | ||||||
14 | for all applicants applying for an initial, renewal, transfer, | ||||||
15 | or upgraded CDL or CLP. If the Secretary receives notification | ||||||
16 | that pursuant to 49 CFR 382.503 the applicant is prohibited | ||||||
17 | from operating a commercial motor vehicle, the Secretary shall | ||||||
18 | not issue, renew, transfer, or upgrade a CDL or CLP. | ||||||
19 | (d) No later than November 18, 2024, the Secretary must, | ||||||
20 | upon receiving notification from the drug and alcohol | ||||||
21 | clearinghouse that a holder of a CDL or CLP is prohibited from | ||||||
22 | operating a commercial motor vehicle, cancel the CDL or CLP. | ||||||
23 | The cancellation must be completed and recorded on the CDLIS | ||||||
24 | driver record within 60 days after the State's receipt of such | ||||||
25 | a notification. Upon notification from the Federal Motor |
| |||||||
| |||||||
1 | Carrier Safety Administration that a driver has completed the | ||||||
2 | return-to-duty process, the Secretary may reinstate the | ||||||
3 | driver's CDL or CLP privileges. | ||||||
4 | (e) Upon notification from the Federal Motor Carrier | ||||||
5 | Safety Administration that a violation was entered into the | ||||||
6 | drug and alcohol clearinghouse erroneously, the Secretary | ||||||
7 | shall reinstate the driver's CDL or CLP privileges and remove | ||||||
8 | the cancellation from the driving record. | ||||||
9 | (Source: P.A. 103-179, eff. 6-30-23; revised 9-26-23.)
| ||||||
10 | (625 ILCS 5/7-315) (from Ch. 95 1/2, par. 7-315) | ||||||
11 | Sec. 7-315. Certificate A certificate of insurance proof. | ||||||
12 | (a) Proof of financial responsibility may be made by | ||||||
13 | filing with the Secretary of State the electronic certificate | ||||||
14 | of any insurance carrier duly authorized to do business in | ||||||
15 | this State, certifying that it has issued to or for the benefit | ||||||
16 | of the person furnishing such proof and named as the insured in | ||||||
17 | a motor vehicle liability policy, a motor vehicle liability | ||||||
18 | policy or policies or in certain events an operator's policy | ||||||
19 | meeting the requirements of this Code and that said policy or | ||||||
20 | policies are then in full force and effect. All electronic | ||||||
21 | certificates must be submitted in a manner satisfactory to the | ||||||
22 | Secretary of State. | ||||||
23 | (b) Such certificate or certificates shall give the dates | ||||||
24 | of issuance and expiration of such policy or policies and | ||||||
25 | certify that the same shall not be canceled unless 15 days' |
| |||||||
| |||||||
1 | prior electronic notice thereof be given to the Secretary of | ||||||
2 | State and shall explicitly describe all motor vehicles covered | ||||||
3 | thereby unless the policy or policies are issued to a person | ||||||
4 | who is not the owner of a motor vehicle. | ||||||
5 | (c) The Secretary of State shall not accept any | ||||||
6 | certificate or certificates unless the same shall cover all | ||||||
7 | motor vehicles then registered in this State in the name of the | ||||||
8 | person furnishing such proof as owner and an additional | ||||||
9 | certificate or certificates shall be required as a condition | ||||||
10 | precedent to the subsequent registration of any motor vehicle | ||||||
11 | or motor vehicles in the name of the person giving such proof | ||||||
12 | as owner. | ||||||
13 | (Source: P.A. 103-179, eff. 6-30-23; revised 9-26-23.)
| ||||||
14 | (625 ILCS 5/11-208.6) | ||||||
15 | Sec. 11-208.6. Automated traffic law enforcement system. | ||||||
16 | (a) As used in this Section, "automated traffic law | ||||||
17 | enforcement system" means a device with one or more motor | ||||||
18 | vehicle sensors working in conjunction with a red light signal | ||||||
19 | to produce recorded images of motor vehicles entering an | ||||||
20 | intersection against a red signal indication in violation of | ||||||
21 | Section 11-306 of this Code or a similar provision of a local | ||||||
22 | ordinance. | ||||||
23 | An automated traffic law enforcement system is a system, | ||||||
24 | in a municipality or county operated by a governmental agency, | ||||||
25 | that produces a recorded image of a motor vehicle's violation |
| |||||||
| |||||||
1 | of a provision of this Code or a local ordinance and is | ||||||
2 | designed to obtain a clear recorded image of the vehicle and | ||||||
3 | the vehicle's license plate. The recorded image must also | ||||||
4 | display the time, date, and location of the violation. | ||||||
5 | (b) As used in this Section, "recorded images" means | ||||||
6 | images recorded by an automated traffic law enforcement system | ||||||
7 | on: | ||||||
8 | (1) 2 or more photographs; | ||||||
9 | (2) 2 or more microphotographs; | ||||||
10 | (3) 2 or more electronic images; or | ||||||
11 | (4) a video recording showing the motor vehicle and, | ||||||
12 | on at least one image or portion of the recording, clearly | ||||||
13 | identifying the registration plate or digital registration | ||||||
14 | plate number of the motor vehicle. | ||||||
15 | (b-5) A municipality or county that produces a recorded | ||||||
16 | image of a motor vehicle's violation of a provision of this | ||||||
17 | Code or a local ordinance must make the recorded images of a | ||||||
18 | violation accessible to the alleged violator by providing the | ||||||
19 | alleged violator with a website address, accessible through | ||||||
20 | the Internet. | ||||||
21 | (c) Except as provided under Section 11-208.8 of this | ||||||
22 | Code, a county or municipality, including a home rule county | ||||||
23 | or municipality, may not use an automated traffic law | ||||||
24 | enforcement system to provide recorded images of a motor | ||||||
25 | vehicle for the purpose of recording its speed. Except as | ||||||
26 | provided under Section 11-208.8 of this Code, the regulation |
| |||||||
| |||||||
1 | of the use of automated traffic law enforcement systems to | ||||||
2 | record vehicle speeds is an exclusive power and function of | ||||||
3 | the State. This subsection (c) is a denial and limitation of | ||||||
4 | home rule powers and functions under subsection (h) of Section | ||||||
5 | 6 of Article VII of the Illinois Constitution. | ||||||
6 | (c-5) A county or municipality, including a home rule | ||||||
7 | county or municipality, may not use an automated traffic law | ||||||
8 | enforcement system to issue violations in instances where the | ||||||
9 | motor vehicle comes to a complete stop and does not enter the | ||||||
10 | intersection, as defined by Section 1-132 of this Code, during | ||||||
11 | the cycle of the red signal indication unless one or more | ||||||
12 | pedestrians or bicyclists are present, even if the motor | ||||||
13 | vehicle stops at a point past a stop line or crosswalk where a | ||||||
14 | driver is required to stop, as specified in subsection (c) of | ||||||
15 | Section 11-306 of this Code or a similar provision of a local | ||||||
16 | ordinance. | ||||||
17 | (c-6) A county, or a municipality with less than 2,000,000 | ||||||
18 | inhabitants, including a home rule county or municipality, may | ||||||
19 | not use an automated traffic law enforcement system to issue | ||||||
20 | violations in instances where a motorcyclist enters an | ||||||
21 | intersection against a red signal indication when the red | ||||||
22 | signal fails to change to a green signal within a reasonable | ||||||
23 | period of time not less than 120 seconds because of a signal | ||||||
24 | malfunction or because the signal has failed to detect the | ||||||
25 | arrival of the motorcycle due to the motorcycle's size or | ||||||
26 | weight. |
| |||||||
| |||||||
1 | (d) For each violation of a provision of this Code or a | ||||||
2 | local ordinance recorded by an automatic traffic law | ||||||
3 | enforcement system, the county or municipality having | ||||||
4 | jurisdiction shall issue a written notice of the violation to | ||||||
5 | the registered owner of the vehicle as the alleged violator. | ||||||
6 | The notice shall be delivered to the registered owner of the | ||||||
7 | vehicle, by mail, within 30 days after the Secretary of State | ||||||
8 | notifies the municipality or county of the identity of the | ||||||
9 | owner of the vehicle, but in no event later than 90 days after | ||||||
10 | the violation. | ||||||
11 | The notice shall include: | ||||||
12 | (1) the name and address of the registered owner of | ||||||
13 | the vehicle; | ||||||
14 | (2) the registration number of the motor vehicle | ||||||
15 | involved in the violation; | ||||||
16 | (3) the violation charged; | ||||||
17 | (4) the location where the violation occurred; | ||||||
18 | (5) the date and time of the violation; | ||||||
19 | (6) a copy of the recorded images; | ||||||
20 | (7) the amount of the civil penalty imposed and the | ||||||
21 | requirements of any traffic education program imposed and | ||||||
22 | the date by which the civil penalty should be paid and the | ||||||
23 | traffic education program should be completed; | ||||||
24 | (8) a statement that recorded images are evidence of a | ||||||
25 | violation of a red light signal; | ||||||
26 | (9) a warning that failure to pay the civil penalty, |
| |||||||
| |||||||
1 | to complete a required traffic education program, or to | ||||||
2 | contest liability in a timely manner is an admission of | ||||||
3 | liability; | ||||||
4 | (10) a statement that the person may elect to proceed | ||||||
5 | by: | ||||||
6 | (A) paying the fine, completing a required traffic | ||||||
7 | education program, or both; or | ||||||
8 | (B) challenging the charge in court, by mail, or | ||||||
9 | by administrative hearing; and | ||||||
10 | (11) a website address, accessible through the | ||||||
11 | Internet, where the person may view the recorded images of | ||||||
12 | the violation. | ||||||
13 | (e) (Blank). | ||||||
14 | (f) Based on inspection of recorded images produced by an | ||||||
15 | automated traffic law enforcement system, a notice alleging | ||||||
16 | that the violation occurred shall be evidence of the facts | ||||||
17 | contained in the notice and admissible in any proceeding | ||||||
18 | alleging a violation under this Section. | ||||||
19 | (g) Recorded images made by an automatic traffic law | ||||||
20 | enforcement system are confidential and shall be made | ||||||
21 | available only to the alleged violator and governmental and | ||||||
22 | law enforcement agencies for purposes of adjudicating a | ||||||
23 | violation of this Section, for statistical purposes, or for | ||||||
24 | other governmental purposes. Any recorded image evidencing a | ||||||
25 | violation of this Section, however, may be admissible in any | ||||||
26 | proceeding resulting from the issuance of the citation. |
| |||||||
| |||||||
1 | (h) The court or hearing officer may consider in defense | ||||||
2 | of a violation: | ||||||
3 | (1) that the motor vehicle or registration plates or | ||||||
4 | digital registration plates of the motor vehicle were | ||||||
5 | stolen before the violation occurred and not under the | ||||||
6 | control of or in the possession of the owner or lessee at | ||||||
7 | the time of the violation; | ||||||
8 | (1.5) that the motor vehicle was hijacked before the | ||||||
9 | violation occurred and not under the control of or in the | ||||||
10 | possession of the owner or lessee at the time of the | ||||||
11 | violation; | ||||||
12 | (2) that the driver of the vehicle passed through the | ||||||
13 | intersection when the light was red either (i) in order to | ||||||
14 | yield the right-of-way to an emergency vehicle or (ii) as | ||||||
15 | part of a funeral procession; and | ||||||
16 | (3) any other evidence or issues provided by municipal | ||||||
17 | or county ordinance. | ||||||
18 | (i) To demonstrate that the motor vehicle was hijacked or | ||||||
19 | the motor vehicle or registration plates or digital | ||||||
20 | registration plates were stolen before the violation occurred | ||||||
21 | and were not under the control or possession of the owner or | ||||||
22 | lessee at the time of the violation, the owner or lessee must | ||||||
23 | submit proof that a report concerning the motor vehicle or | ||||||
24 | registration plates was filed with a law enforcement agency in | ||||||
25 | a timely manner. | ||||||
26 | (j) Unless the driver of the motor vehicle received a |
| |||||||
| |||||||
1 | Uniform Traffic Citation from a police officer at the time of | ||||||
2 | the violation, the motor vehicle owner is subject to a civil | ||||||
3 | penalty not exceeding $100 or the completion of a traffic | ||||||
4 | education program, or both, plus an additional penalty of not | ||||||
5 | more than $100 for failure to pay the original penalty or to | ||||||
6 | complete a required traffic education program, or both, in a | ||||||
7 | timely manner, if the motor vehicle is recorded by an | ||||||
8 | automated traffic law enforcement system. A violation for | ||||||
9 | which a civil penalty is imposed under this Section is not a | ||||||
10 | violation of a traffic regulation governing the movement of | ||||||
11 | vehicles and may not be recorded on the driving record of the | ||||||
12 | owner of the vehicle. | ||||||
13 | (j-3) A registered owner who is a holder of a valid | ||||||
14 | commercial driver's license is not required to complete a | ||||||
15 | traffic education program. | ||||||
16 | (j-5) For purposes of the required traffic education | ||||||
17 | program only, a registered owner may submit an affidavit to | ||||||
18 | the court or hearing officer swearing that at the time of the | ||||||
19 | alleged violation, the vehicle was in the custody and control | ||||||
20 | of another person. The affidavit must identify the person in | ||||||
21 | custody and control of the vehicle, including the person's | ||||||
22 | name and current address. The person in custody and control of | ||||||
23 | the vehicle at the time of the violation is required to | ||||||
24 | complete the required traffic education program. If the person | ||||||
25 | in custody and control of the vehicle at the time of the | ||||||
26 | violation completes the required traffic education program, |
| |||||||
| |||||||
1 | the registered owner of the vehicle is not required to | ||||||
2 | complete a traffic education program. | ||||||
3 | (k) An intersection equipped with an automated traffic law | ||||||
4 | enforcement system must be posted with a sign visible to | ||||||
5 | approaching traffic indicating that the intersection is being | ||||||
6 | monitored by an automated traffic law enforcement system and | ||||||
7 | informing drivers whether, following a stop, a right turn at | ||||||
8 | the intersection is permitted or prohibited. | ||||||
9 | (k-3) A municipality or county that has one or more | ||||||
10 | intersections equipped with an automated traffic law | ||||||
11 | enforcement system must provide notice to drivers by posting | ||||||
12 | the locations of automated traffic law systems on the | ||||||
13 | municipality or county website. | ||||||
14 | (k-5) An intersection equipped with an automated traffic | ||||||
15 | law enforcement system must have a yellow change interval that | ||||||
16 | conforms with the Illinois Manual on Uniform Traffic Control | ||||||
17 | Devices (IMUTCD) published by the Illinois Department of | ||||||
18 | Transportation. Beginning 6 months before it installs an | ||||||
19 | automated traffic law enforcement system at an intersection, a | ||||||
20 | county or municipality may not change the yellow change | ||||||
21 | interval at that intersection. | ||||||
22 | (k-7) A municipality or county operating an automated | ||||||
23 | traffic law enforcement system shall conduct a statistical | ||||||
24 | analysis to assess the safety impact of each automated traffic | ||||||
25 | law enforcement system at an intersection following | ||||||
26 | installation of the system and every 2 years thereafter. Each |
| |||||||
| |||||||
1 | statistical analysis shall be based upon the best available | ||||||
2 | crash, traffic, and other data, and shall cover a period of | ||||||
3 | time before and after installation of the system sufficient to | ||||||
4 | provide a statistically valid comparison of safety impact. | ||||||
5 | Each statistical analysis shall be consistent with | ||||||
6 | professional judgment and acceptable industry practice. Each | ||||||
7 | statistical analysis also shall be consistent with the data | ||||||
8 | required for valid comparisons of before and after conditions | ||||||
9 | and shall be conducted within a reasonable period following | ||||||
10 | the installation of the automated traffic law enforcement | ||||||
11 | system. Each statistical analysis required by this subsection | ||||||
12 | (k-7) shall be made available to the public and shall be | ||||||
13 | published on the website of the municipality or county. If a | ||||||
14 | statistical analysis 36-month indicates that there has been an | ||||||
15 | increase in the rate of crashes at the approach to the | ||||||
16 | intersection monitored by the system, the municipality or | ||||||
17 | county shall undertake additional studies to determine the | ||||||
18 | cause and severity of the crashes, and may take any action that | ||||||
19 | it determines is necessary or appropriate to reduce the number | ||||||
20 | or severity of the crashes at that intersection. | ||||||
21 | (k-8) Any municipality or county operating an automated | ||||||
22 | traffic law enforcement system before July 28, 2023 ( the | ||||||
23 | effective date of Public Act 103-364) this amendatory Act of | ||||||
24 | the 103rd General Assembly shall conduct a statistical | ||||||
25 | analysis to assess the safety impact of each automated traffic | ||||||
26 | law enforcement system at an intersection by no later than one |
| |||||||
| |||||||
1 | year after July 28, 2023 ( the effective date of Public Act | ||||||
2 | 103-364) this amendatory Act of the 103rd General Assembly and | ||||||
3 | every 2 years thereafter. The statistical analyses shall be | ||||||
4 | based upon the best available crash, traffic, and other data, | ||||||
5 | and shall cover a period of time before and after installation | ||||||
6 | of the system sufficient to provide a statistically valid | ||||||
7 | comparison of safety impact. The statistical analyses shall be | ||||||
8 | consistent with professional judgment and acceptable industry | ||||||
9 | practice. The statistical analyses also shall be consistent | ||||||
10 | with the data required for valid comparisons of before and | ||||||
11 | after conditions. The statistical analyses required by this | ||||||
12 | subsection shall be made available to the public and shall be | ||||||
13 | published on the website of the municipality or county. If the | ||||||
14 | statistical analysis for any period following installation of | ||||||
15 | the system indicates that there has been an increase in the | ||||||
16 | rate of accidents at the approach to the intersection | ||||||
17 | monitored by the system, the municipality or county shall | ||||||
18 | undertake additional studies to determine the cause and | ||||||
19 | severity of the accidents, and may take any action that it | ||||||
20 | determines is necessary or appropriate to reduce the number or | ||||||
21 | severity of the accidents at that intersection. | ||||||
22 | (l) The compensation paid for an automated traffic law | ||||||
23 | enforcement system must be based on the value of the equipment | ||||||
24 | or the services provided and may not be based on the number of | ||||||
25 | traffic citations issued or the revenue generated by the | ||||||
26 | system. |
| |||||||
| |||||||
1 | (l-1) No member of the General Assembly and no officer or | ||||||
2 | employee of a municipality or county shall knowingly accept | ||||||
3 | employment or receive compensation or fees for services from a | ||||||
4 | vendor that provides automated traffic law enforcement system | ||||||
5 | equipment or services to municipalities or counties. No former | ||||||
6 | member of the General Assembly shall, within a period of 2 | ||||||
7 | years immediately after the termination of service as a member | ||||||
8 | of the General Assembly, knowingly accept employment or | ||||||
9 | receive compensation or fees for services from a vendor that | ||||||
10 | provides automated traffic law enforcement system equipment or | ||||||
11 | services to municipalities or counties. No former officer or | ||||||
12 | employee of a municipality or county shall, within a period of | ||||||
13 | 2 years immediately after the termination of municipal or | ||||||
14 | county employment, knowingly accept employment or receive | ||||||
15 | compensation or fees for services from a vendor that provides | ||||||
16 | automated traffic law enforcement system equipment or services | ||||||
17 | to municipalities or counties. | ||||||
18 | (m) This Section applies only to the counties of Cook, | ||||||
19 | DuPage, Kane, Lake, Madison, McHenry, St. Clair, and Will and | ||||||
20 | to municipalities located within those counties. | ||||||
21 | (n) The fee for participating in a traffic education | ||||||
22 | program under this Section shall not exceed $25. | ||||||
23 | A low-income individual required to complete a traffic | ||||||
24 | education program under this Section who provides proof of | ||||||
25 | eligibility for the federal earned income tax credit under | ||||||
26 | Section 32 of the Internal Revenue Code or the Illinois earned |
| |||||||
| |||||||
1 | income tax credit under Section 212 of the Illinois Income Tax | ||||||
2 | Act shall not be required to pay any fee for participating in a | ||||||
3 | required traffic education program. | ||||||
4 | (o) (Blank). | ||||||
5 | (p) No person who is the lessor of a motor vehicle pursuant | ||||||
6 | to a written lease agreement shall be liable for an automated | ||||||
7 | speed or traffic law enforcement system violation involving | ||||||
8 | such motor vehicle during the period of the lease; provided | ||||||
9 | that upon the request of the appropriate authority received | ||||||
10 | within 120 days after the violation occurred, the lessor | ||||||
11 | provides within 60 days after such receipt the name and | ||||||
12 | address of the lessee. | ||||||
13 | Upon the provision of information by the lessor pursuant | ||||||
14 | to this subsection, the county or municipality may issue the | ||||||
15 | violation to the lessee of the vehicle in the same manner as it | ||||||
16 | would issue a violation to a registered owner of a vehicle | ||||||
17 | pursuant to this Section, and the lessee may be held liable for | ||||||
18 | the violation. | ||||||
19 | (q) If a county or municipality selects a new vendor for | ||||||
20 | its automated traffic law enforcement system and must, as a | ||||||
21 | consequence, apply for a permit, approval, or other | ||||||
22 | authorization from the Department for reinstallation of one or | ||||||
23 | more malfunctioning components of that system and if, at the | ||||||
24 | time of the application for the permit, approval, or other | ||||||
25 | authorization, the new vendor operates an automated traffic | ||||||
26 | law enforcement system for any other county or municipality in |
| |||||||
| |||||||
1 | the State, then the Department shall approve or deny the | ||||||
2 | county or municipality's application for the permit, approval, | ||||||
3 | or other authorization within 90 days after its receipt. | ||||||
4 | (r) The Department may revoke any permit, approval, or | ||||||
5 | other authorization granted to a county or municipality for | ||||||
6 | the placement, installation, or operation of an automated | ||||||
7 | traffic law enforcement system if any official or employee who | ||||||
8 | serves that county or municipality is charged with bribery, | ||||||
9 | official misconduct, or a similar crime related to the | ||||||
10 | placement, installation, or operation of the automated traffic | ||||||
11 | law enforcement system in the county or municipality. | ||||||
12 | The Department shall adopt any rules necessary to | ||||||
13 | implement and administer this subsection. The rules adopted by | ||||||
14 | the Department shall describe the revocation process, shall | ||||||
15 | ensure that notice of the revocation is provided, and shall | ||||||
16 | provide an opportunity to appeal the revocation. Any county or | ||||||
17 | municipality that has a permit, approval, or other | ||||||
18 | authorization revoked under this subsection may not reapply | ||||||
19 | for such a permit, approval, or other authorization for a | ||||||
20 | period of one 1 year after the revocation. | ||||||
21 | (s) If an automated traffic law enforcement system is | ||||||
22 | removed or rendered inoperable due to construction, then the | ||||||
23 | Department shall authorize the reinstallation or use of the | ||||||
24 | automated traffic law enforcement system within 30 days after | ||||||
25 | the construction is complete. | ||||||
26 | (Source: P.A. 102-905, eff. 1-1-23; 102-982, eff. 7-1-23; |
| |||||||
| |||||||
1 | 103-154, eff. 6-30-23; 103-364, eff. 7-28-23; revised | ||||||
2 | 1-30-24.)
| ||||||
3 | (625 ILCS 5/11-305) (from Ch. 95 1/2, par. 11-305) | ||||||
4 | Sec. 11-305. Obedience to and required traffic-control | ||||||
5 | devices. | ||||||
6 | (a) The driver of any vehicle shall obey the instructions | ||||||
7 | of any official traffic-control device applicable thereto | ||||||
8 | placed or held in accordance with the provisions of this Act, | ||||||
9 | unless otherwise directed by a police officer, subject to the | ||||||
10 | exceptions granted the driver of an authorized emergency | ||||||
11 | vehicle in this Act. | ||||||
12 | (b) It is unlawful for any person to leave the roadway and | ||||||
13 | travel across private property to avoid an official | ||||||
14 | traffic-control traffic control device. | ||||||
15 | (c) No provision of this Act for which official | ||||||
16 | traffic-control devices are required shall be enforced against | ||||||
17 | an alleged violator if at the time and place of the alleged | ||||||
18 | violation an official device is not in proper position and | ||||||
19 | sufficiently legible to be seen by an ordinarily observant | ||||||
20 | person. Whenever a particular section does not state that | ||||||
21 | official traffic-control devices are required, such section | ||||||
22 | shall be effective even though no devices are erected or in | ||||||
23 | place. | ||||||
24 | (d) Whenever any official traffic-control device is placed | ||||||
25 | or held in position approximately conforming to the |
| |||||||
| |||||||
1 | requirements of this Act and purports to conform to the lawful | ||||||
2 | requirements pertaining to such device, such device shall be | ||||||
3 | presumed to have been so placed or held by the official act or | ||||||
4 | direction of lawful authority, and comply with the | ||||||
5 | requirements of this Act, unless the contrary shall be | ||||||
6 | established by competent evidence. | ||||||
7 | (e) The driver of a vehicle approaching a traffic control | ||||||
8 | signal on which no signal light facing such vehicle is | ||||||
9 | illuminated shall stop before entering the intersection in | ||||||
10 | accordance with rules applicable in making a stop at a stop | ||||||
11 | sign. This provision does not apply to the driver of a vehicle | ||||||
12 | approaching a pedestrian hybrid beacon. | ||||||
13 | (f) Any violation of subsection (a) that occurs within a | ||||||
14 | designated highway construction zone or maintenance zone shall | ||||||
15 | result in a fine of no less than $100 and no more than $1,000. | ||||||
16 | (Source: P.A. 103-158, eff. 1-1-24; revised 1-2-24.)
| ||||||
17 | Section 545. The Public-Private Partnerships for | ||||||
18 | Transportation Act is amended by changing Section 19 as | ||||||
19 | follows:
| ||||||
20 | (630 ILCS 5/19) | ||||||
21 | Sec. 19. Unsolicited proposals. | ||||||
22 | (a) A responsible public entity may receive unsolicited | ||||||
23 | proposals for a project and may thereafter enter into a | ||||||
24 | public-private agreement with a private entity, or a |
| |||||||
| |||||||
1 | consortium of private entities, for the design, construction, | ||||||
2 | upgrading, operating, ownership, or financing of facilities. | ||||||
3 | (b) A responsible public entity may consider, evaluate, | ||||||
4 | and accept an unsolicited proposal for a public-private | ||||||
5 | partnership project from a private entity if the proposal: | ||||||
6 | (1) is independently developed and drafted by the | ||||||
7 | proposer without responsible public entity supervision; | ||||||
8 | (2) shows that the proposed project could benefit the | ||||||
9 | transportation system; | ||||||
10 | (3) includes a financing plan to allow the project to | ||||||
11 | move forward pursuant to the applicable responsible public | ||||||
12 | entity's budget and finance requirements; and | ||||||
13 | (4) includes sufficient detail and information for the | ||||||
14 | responsible public entity to evaluate the proposal in an | ||||||
15 | objective and timely manner and permit a determination | ||||||
16 | that the project would be worthwhile. | ||||||
17 | (c) The unsolicited proposal shall include the following: | ||||||
18 | (1) an executive summary covering the major elements | ||||||
19 | of the proposal; | ||||||
20 | (2) qualifications concerning the experience, | ||||||
21 | expertise, technical competence, and qualifications of the | ||||||
22 | private entity and of each member of its management team | ||||||
23 | and of other key employees, consultants, and | ||||||
24 | subcontractors, including the name, address, and | ||||||
25 | professional designation; | ||||||
26 | (3) a project description, including, when applicable: |
| |||||||
| |||||||
1 | (A) the limits, scope, and location of the | ||||||
2 | proposed project; | ||||||
3 | (B) right-of-way requirements; | ||||||
4 | (C) connections with other facilities and | ||||||
5 | improvements to those facilities necessary if the | ||||||
6 | project is developed; | ||||||
7 | (D) a conceptual project design; and | ||||||
8 | (E) a statement of the project's relationship to | ||||||
9 | and impact upon relevant existing plans of the | ||||||
10 | responsible public entity; | ||||||
11 | (4) a facilities project schedule, including when | ||||||
12 | applicable, estimates of: | ||||||
13 | (A) dates of contract award; | ||||||
14 | (B) start of construction; | ||||||
15 | (C) completion of construction; | ||||||
16 | (D) start of operations; and | ||||||
17 | (E) major maintenance or reconstruction activities | ||||||
18 | during the life of the proposed project agreement; | ||||||
19 | (5) an operating plan describing the operation of the | ||||||
20 | completed facility if operation of a facility is part of | ||||||
21 | the proposal, describing the management structure and | ||||||
22 | approach, the proposed period of operations, enforcement, | ||||||
23 | emergency response, and other relevant information; | ||||||
24 | (6) a finance plan describing the proposed financing | ||||||
25 | of the project, identifying the source of funds to, where | ||||||
26 | applicable, design, construct, maintain, and manage the |
| |||||||
| |||||||
1 | project during the term of the proposed contract; and | ||||||
2 | (7) the legal basis for the project and licenses and | ||||||
3 | certifications; the private entity must demonstrate that | ||||||
4 | it has all licenses and certificates necessary to complete | ||||||
5 | the project. | ||||||
6 | (d) Within 120 days after receiving an unsolicited | ||||||
7 | proposal, the responsible public entity shall complete a | ||||||
8 | preliminary evaluation of the unsolicited proposal and shall | ||||||
9 | either: | ||||||
10 | (1) if the preliminary evaluation is unfavorable, | ||||||
11 | return the proposal without further action; | ||||||
12 | (2) if the preliminary evaluation is favorable, notify | ||||||
13 | the proposer that the responsible public entity will | ||||||
14 | further evaluate the proposal; or | ||||||
15 | (3) request amendments, clarification, or modification | ||||||
16 | of the unsolicited proposal. | ||||||
17 | (e) The procurement process for unsolicited proposals | ||||||
18 | shall be as follows: | ||||||
19 | (1) If the responsible public entity chooses to | ||||||
20 | further evaluate an unsolicited proposal with the intent | ||||||
21 | to enter into a public-private agreement for the proposed | ||||||
22 | project, then the responsible public entity shall publish | ||||||
23 | notice in the Illinois Procurement Bulletin or in a | ||||||
24 | newspaper of general circulation covering the location of | ||||||
25 | the project at least once a week for 2 weeks stating that | ||||||
26 | the responsible public entity has received a proposal and |
| |||||||
| |||||||
1 | will accept other proposals for the same project. The time | ||||||
2 | frame within which the responsible public entity may | ||||||
3 | accept other proposals shall be determined by the | ||||||
4 | responsible public entity on a project-by-project basis | ||||||
5 | based upon the complexity of the transportation project | ||||||
6 | and the public benefit to be gained by allowing a longer or | ||||||
7 | shorter period of time within which other proposals may be | ||||||
8 | received; however, the time frame for allowing other | ||||||
9 | proposals must be at least 21 days, but no more than 120 | ||||||
10 | days, after the initial date of publication. | ||||||
11 | (2) A copy of the notice must be mailed to each local | ||||||
12 | government directly affected by the transportation | ||||||
13 | project. | ||||||
14 | (3) The responsible public entity shall provide | ||||||
15 | reasonably sufficient information, including the identity | ||||||
16 | of its contact person, to enable other private entities to | ||||||
17 | make proposals. | ||||||
18 | (4) If, after no less than 120 days, no | ||||||
19 | counterproposal is received, or if the counterproposals | ||||||
20 | are evaluated and found to be equal to or inferior to the | ||||||
21 | original unsolicited proposal, the responsible public | ||||||
22 | entity may proceed to negotiate a contract with the | ||||||
23 | original proposer. | ||||||
24 | (5) If, after no less than 120 days, one or more | ||||||
25 | counterproposals meeting unsolicited proposal standards | ||||||
26 | are received, and if, in the opinion of the responsible |
| |||||||
| |||||||
1 | public entity, the counterproposals are evaluated and | ||||||
2 | found to be superior to the original unsolicited proposal, | ||||||
3 | the responsible public entity shall proceed to determine | ||||||
4 | the successful participant through a final procurement | ||||||
5 | phase known as "Best and Final Offer" (BAFO). The BAFO is a | ||||||
6 | process whereby a responsible public entity shall invite | ||||||
7 | the original private sector party and the proponent | ||||||
8 | submitting the superior counterproposal to engage in a | ||||||
9 | BAFO phase. The invitation to participate in the BAFO | ||||||
10 | phase will provide to each participating proposer: | ||||||
11 | (A) the general concepts that were considered | ||||||
12 | superior to the original proposal, while keeping | ||||||
13 | proprietary information contained in the proposals | ||||||
14 | confidential to the extent possible; and | ||||||
15 | (B) the preestablished evaluation criteria or the | ||||||
16 | "basis of award" to be used to determine the | ||||||
17 | successful proponent. | ||||||
18 | (6) Offers received in response to the BAFO invitation | ||||||
19 | will be reviewed by the responsible public entity and | ||||||
20 | scored in accordance with a preestablished criteria, or | ||||||
21 | alternatively, in accordance with the basis of award | ||||||
22 | provision identified through the BAFO process. The | ||||||
23 | successful proponent will be the proponent offering "best | ||||||
24 | value" to the responsible public entity. | ||||||
25 | (7) In all cases, the basis of award will be the best | ||||||
26 | value to the responsible public entity, as determined by |
| |||||||
| |||||||
1 | the responsible public entity. | ||||||
2 | (f) After a comprehensive evaluation and acceptance of an | ||||||
3 | unsolicited proposal and any alternatives, the responsible | ||||||
4 | public entity may commence negotiations with a proposer, | ||||||
5 | considering: | ||||||
6 | (1) the proposal has received a favorable | ||||||
7 | comprehensive evaluation; | ||||||
8 | (2) the proposal is not duplicative of existing | ||||||
9 | infrastructure project; | ||||||
10 | (3) the alternative proposal does not closely resemble | ||||||
11 | a pending competitive proposal for a public-private | ||||||
12 | private partnership or other procurement; | ||||||
13 | (4) the proposal demonstrates a unique method, | ||||||
14 | approach, or concept; | ||||||
15 | (5) facts and circumstances that preclude or warrant | ||||||
16 | additional competition; | ||||||
17 | (6) the availability of any funds, debts, or assets | ||||||
18 | that the State will contribute to the project; | ||||||
19 | (7) facts and circumstances demonstrating that the | ||||||
20 | project will likely have a significant adverse impact on | ||||||
21 | on State bond ratings; and | ||||||
22 | (8) indemnifications included in the proposal. | ||||||
23 | (Source: P.A. 103-570, eff. 1-1-24; revised 1-3-24.)
| ||||||
24 | Section 550. The Clerks of Courts Act is amended by | ||||||
25 | changing Section 27.1b as follows:
|
| |||||||
| |||||||
1 | (705 ILCS 105/27.1b) | ||||||
2 | Sec. 27.1b. Circuit court clerk fees. Notwithstanding any | ||||||
3 | other provision of law, all fees charged by the clerks of the | ||||||
4 | circuit court for the services described in this Section shall | ||||||
5 | be established, collected, and disbursed in accordance with | ||||||
6 | this Section. Except as otherwise specified in this Section, | ||||||
7 | all fees under this Section shall be paid in advance and | ||||||
8 | disbursed by each clerk on a monthly basis. In a county with a | ||||||
9 | population of over 3,000,000, units of local government and | ||||||
10 | school districts shall not be required to pay fees under this | ||||||
11 | Section in advance and the clerk shall instead send an | ||||||
12 | itemized bill to the unit of local government or school | ||||||
13 | district, within 30 days of the fee being incurred, and the | ||||||
14 | unit of local government or school district shall be allowed | ||||||
15 | at least 30 days from the date of the itemized bill to pay; | ||||||
16 | these payments shall be disbursed by each clerk on a monthly | ||||||
17 | basis. Unless otherwise specified in this Section, the amount | ||||||
18 | of a fee shall be determined by ordinance or resolution of the | ||||||
19 | county board and remitted to the county treasurer to be used | ||||||
20 | for purposes related to the operation of the court system in | ||||||
21 | the county. In a county with a population of over 3,000,000, | ||||||
22 | any amount retained by the clerk of the circuit court or | ||||||
23 | remitted to the county treasurer shall be subject to | ||||||
24 | appropriation by the county board. | ||||||
25 | (a) Civil cases. The fee for filing a complaint, petition, |
| |||||||
| |||||||
1 | or other pleading initiating a civil action shall be as set | ||||||
2 | forth in the applicable schedule under this subsection in | ||||||
3 | accordance with case categories established by the Supreme | ||||||
4 | Court in schedules. | ||||||
5 | (1) SCHEDULE 1: not to exceed a total of $366 in a | ||||||
6 | county with a population of 3,000,000 or more and not to | ||||||
7 | exceed $316 in any other county, except as applied to | ||||||
8 | units of local government and school districts in counties | ||||||
9 | with more than 3,000,000 inhabitants an amount not to | ||||||
10 | exceed $190 through December 31, 2021 and $184 on and | ||||||
11 | after January 1, 2022. The fees collected under this | ||||||
12 | schedule shall be disbursed as follows: | ||||||
13 | (A) The clerk shall retain a sum, in an amount not | ||||||
14 | to exceed $55 in a county with a population of | ||||||
15 | 3,000,000 or more and in an amount not to exceed $45 in | ||||||
16 | any other county determined by the clerk with the | ||||||
17 | approval of the Supreme Court, to be used for court | ||||||
18 | automation, court document storage, and administrative | ||||||
19 | purposes. | ||||||
20 | (B) The clerk shall remit up to $21 to the State | ||||||
21 | Treasurer. The State Treasurer shall deposit the | ||||||
22 | appropriate amounts, in accordance with the clerk's | ||||||
23 | instructions, as follows: | ||||||
24 | (i) up to $10, as specified by the Supreme | ||||||
25 | Court in accordance with Part 10A of Article II of | ||||||
26 | the Code of Civil Procedure, into the Mandatory |
| |||||||
| |||||||
1 | Arbitration Fund; | ||||||
2 | (ii) $2 into the Access to Justice Fund; and | ||||||
3 | (iii) $9 into the Supreme Court Special | ||||||
4 | Purposes Fund. | ||||||
5 | (C) The clerk shall remit a sum to the County | ||||||
6 | Treasurer, in an amount not to exceed $290 in a county | ||||||
7 | with a population of 3,000,000 or more and in an amount | ||||||
8 | not to exceed $250 in any other county, as specified by | ||||||
9 | ordinance or resolution passed by the county board, | ||||||
10 | for purposes related to the operation of the court | ||||||
11 | system in the county. | ||||||
12 | (2) SCHEDULE 2: not to exceed a total of $357 in a | ||||||
13 | county with a population of 3,000,000 or more and not to | ||||||
14 | exceed $266 in any other county, except as applied to | ||||||
15 | units of local government and school districts in counties | ||||||
16 | with more than 3,000,000 inhabitants an amount not to | ||||||
17 | exceed $190 through December 31, 2021 and $184 on and | ||||||
18 | after January 1, 2022. The fees collected under this | ||||||
19 | schedule shall be disbursed as follows: | ||||||
20 | (A) The clerk shall retain a sum, in an amount not | ||||||
21 | to exceed $55 in a county with a population of | ||||||
22 | 3,000,000 or more and in an amount not to exceed $45 in | ||||||
23 | any other county determined by the clerk with the | ||||||
24 | approval of the Supreme Court, to be used for court | ||||||
25 | automation, court document storage, and administrative | ||||||
26 | purposes. |
| |||||||
| |||||||
1 | (B) The clerk shall remit up to $21 to the State | ||||||
2 | Treasurer. The State Treasurer shall deposit the | ||||||
3 | appropriate amounts, in accordance with the clerk's | ||||||
4 | instructions, as follows: | ||||||
5 | (i) up to $10, as specified by the Supreme | ||||||
6 | Court in accordance with Part 10A of Article II of | ||||||
7 | the Code of Civil Procedure, into the Mandatory | ||||||
8 | Arbitration Fund; | ||||||
9 | (ii) $2 into the Access to Justice Fund: and | ||||||
10 | (iii) $9 into the Supreme Court Special | ||||||
11 | Purposes Fund. | ||||||
12 | (C) The clerk shall remit a sum to the County | ||||||
13 | Treasurer, in an amount not to exceed $281 in a county | ||||||
14 | with a population of 3,000,000 or more and in an amount | ||||||
15 | not to exceed $200 in any other county, as specified by | ||||||
16 | ordinance or resolution passed by the county board, | ||||||
17 | for purposes related to the operation of the court | ||||||
18 | system in the county. | ||||||
19 | (3) SCHEDULE 3: not to exceed a total of $265 in a | ||||||
20 | county with a population of 3,000,000 or more and not to | ||||||
21 | exceed $89 in any other county, except as applied to units | ||||||
22 | of local government and school districts in counties with | ||||||
23 | more than 3,000,000 inhabitants an amount not to exceed | ||||||
24 | $190 through December 31, 2021 and $184 on and after | ||||||
25 | January 1, 2022. The fees collected under this schedule | ||||||
26 | shall be disbursed as follows: |
| |||||||
| |||||||
1 | (A) The clerk shall retain a sum, in an amount not | ||||||
2 | to exceed $55 in a county with a population of | ||||||
3 | 3,000,000 or more and in an amount not to exceed $22 in | ||||||
4 | any other county determined by the clerk with the | ||||||
5 | approval of the Supreme Court, to be used for court | ||||||
6 | automation, court document storage, and administrative | ||||||
7 | purposes. | ||||||
8 | (B) The clerk shall remit $11 to the State | ||||||
9 | Treasurer. The State Treasurer shall deposit the | ||||||
10 | appropriate amounts in accordance with the clerk's | ||||||
11 | instructions, as follows: | ||||||
12 | (i) $2 into the Access to Justice Fund; and | ||||||
13 | (ii) $9 into the Supreme Court Special | ||||||
14 | Purposes Fund. | ||||||
15 | (C) The clerk shall remit a sum to the County | ||||||
16 | Treasurer, in an amount not to exceed $199 in a county | ||||||
17 | with a population of 3,000,000 or more and in an amount | ||||||
18 | not to exceed $56 in any other county, as specified by | ||||||
19 | ordinance or resolution passed by the county board, | ||||||
20 | for purposes related to the operation of the court | ||||||
21 | system in the county. | ||||||
22 | (4) SCHEDULE 4: $0. | ||||||
23 | (b) Appearance. The fee for filing an appearance in a | ||||||
24 | civil action, including a cannabis civil law action under the | ||||||
25 | Cannabis Control Act, shall be as set forth in the applicable | ||||||
26 | schedule under this subsection in accordance with case |
| |||||||
| |||||||
1 | categories established by the Supreme Court in schedules. | ||||||
2 | (1) SCHEDULE 1: not to exceed a total of $230 in a | ||||||
3 | county with a population of 3,000,000 or more and not to | ||||||
4 | exceed $191 in any other county, except as applied to | ||||||
5 | units of local government and school districts in counties | ||||||
6 | with more than 3,000,000 inhabitants an amount not to | ||||||
7 | exceed $75. The fees collected under this schedule shall | ||||||
8 | be disbursed as follows: | ||||||
9 | (A) The clerk shall retain a sum, in an amount not | ||||||
10 | to exceed $50 in a county with a population of | ||||||
11 | 3,000,000 or more and in an amount not to exceed $45 in | ||||||
12 | any other county determined by the clerk with the | ||||||
13 | approval of the Supreme Court, to be used for court | ||||||
14 | automation, court document storage, and administrative | ||||||
15 | purposes. | ||||||
16 | (B) The clerk shall remit up to $21 to the State | ||||||
17 | Treasurer. The State Treasurer shall deposit the | ||||||
18 | appropriate amounts, in accordance with the clerk's | ||||||
19 | instructions, as follows: | ||||||
20 | (i) up to $10, as specified by the Supreme | ||||||
21 | Court in accordance with Part 10A of Article II of | ||||||
22 | the Code of Civil Procedure, into the Mandatory | ||||||
23 | Arbitration Fund; | ||||||
24 | (ii) $2 into the Access to Justice Fund; and | ||||||
25 | (iii) $9 into the Supreme Court Special | ||||||
26 | Purposes Fund. |
| |||||||
| |||||||
1 | (C) The clerk shall remit a sum to the County | ||||||
2 | Treasurer, in an amount not to exceed $159 in a county | ||||||
3 | with a population of 3,000,000 or more and in an amount | ||||||
4 | not to exceed $125 in any other county, as specified by | ||||||
5 | ordinance or resolution passed by the county board, | ||||||
6 | for purposes related to the operation of the court | ||||||
7 | system in the county. | ||||||
8 | (2) SCHEDULE 2: not to exceed a total of $130 in a | ||||||
9 | county with a population of 3,000,000 or more and not to | ||||||
10 | exceed $109 in any other county, except as applied to | ||||||
11 | units of local government and school districts in counties | ||||||
12 | with more than 3,000,000 inhabitants an amount not to | ||||||
13 | exceed $75. The fees collected under this schedule shall | ||||||
14 | be disbursed as follows: | ||||||
15 | (A) The clerk shall retain a sum, in an amount not | ||||||
16 | to exceed $50 in a county with a population of | ||||||
17 | 3,000,000 or more and in an amount not to exceed $10 in | ||||||
18 | any other county determined by the clerk with the | ||||||
19 | approval of the Supreme Court, to be used for court | ||||||
20 | automation, court document storage, and administrative | ||||||
21 | purposes. | ||||||
22 | (B) The clerk shall remit $9 to the State | ||||||
23 | Treasurer, which the State Treasurer shall deposit | ||||||
24 | into the Supreme Court Special Purposes Fund. | ||||||
25 | (C) The clerk shall remit a sum to the County | ||||||
26 | Treasurer, in an amount not to exceed $71 in a county |
| |||||||
| |||||||
1 | with a population of 3,000,000 or more and in an amount | ||||||
2 | not to exceed $90 in any other county, as specified by | ||||||
3 | ordinance or resolution passed by the county board, | ||||||
4 | for purposes related to the operation of the court | ||||||
5 | system in the county. | ||||||
6 | (3) SCHEDULE 3: $0. | ||||||
7 | (b-5) Kane County and Will County. In Kane County and Will | ||||||
8 | County civil cases, there is an additional fee of up to $30 as | ||||||
9 | set by the county board under Section 5-1101.3 of the Counties | ||||||
10 | Code to be paid by each party at the time of filing the first | ||||||
11 | pleading, paper, or other appearance; provided that no | ||||||
12 | additional fee shall be required if more than one party is | ||||||
13 | represented in a single pleading, paper, or other appearance. | ||||||
14 | Distribution of fees collected under this subsection (b-5) | ||||||
15 | shall be as provided in Section 5-1101.3 of the Counties Code. | ||||||
16 | (c) Counterclaim or third party complaint. When any | ||||||
17 | defendant files a counterclaim or third party complaint, as | ||||||
18 | part of the defendant's answer or otherwise, the defendant | ||||||
19 | shall pay a filing fee for each counterclaim or third party | ||||||
20 | complaint in an amount equal to the filing fee the defendant | ||||||
21 | would have had to pay had the defendant brought a separate | ||||||
22 | action for the relief sought in the counterclaim or third | ||||||
23 | party complaint, less the amount of the appearance fee, if | ||||||
24 | any, that the defendant has already paid in the action in which | ||||||
25 | the counterclaim or third party complaint is filed. | ||||||
26 | (d) Alias summons. The clerk shall collect a fee not to |
| |||||||
| |||||||
1 | exceed $6 in a county with a population of 3,000,000 or more | ||||||
2 | and not to exceed $5 in any other county for each alias summons | ||||||
3 | or citation issued by the clerk, except as applied to units of | ||||||
4 | local government and school districts in counties with more | ||||||
5 | than 3,000,000 inhabitants an amount not to exceed $5 for each | ||||||
6 | alias summons or citation issued by the clerk. | ||||||
7 | (e) Jury services. The clerk shall collect, in addition to | ||||||
8 | other fees allowed by law, a sum not to exceed $212.50, as a | ||||||
9 | fee for the services of a jury in every civil action not | ||||||
10 | quasi-criminal in its nature and not a proceeding for the | ||||||
11 | exercise of the right of eminent domain and in every other | ||||||
12 | action wherein the right of trial by jury is or may be given by | ||||||
13 | law. The jury fee shall be paid by the party demanding a jury | ||||||
14 | at the time of filing the jury demand. If the fee is not paid | ||||||
15 | by either party, no jury shall be called in the action or | ||||||
16 | proceeding, and the action or proceeding shall be tried by the | ||||||
17 | court without a jury. | ||||||
18 | (f) Change of venue. In connection with a change of venue: | ||||||
19 | (1) The clerk of the jurisdiction from which the case | ||||||
20 | is transferred may charge a fee, not to exceed $40, for the | ||||||
21 | preparation and certification of the record; and | ||||||
22 | (2) The clerk of the jurisdiction to which the case is | ||||||
23 | transferred may charge the same filing fee as if it were | ||||||
24 | the commencement of a new suit. | ||||||
25 | (g) Petition to vacate or modify. | ||||||
26 | (1) In a proceeding involving a petition to vacate or |
| |||||||
| |||||||
1 | modify any final judgment or order filed within 30 days | ||||||
2 | after the judgment or order was entered, except for an | ||||||
3 | eviction case, small claims case, petition to reopen an | ||||||
4 | estate, petition to modify, terminate, or enforce a | ||||||
5 | judgment or order for child or spousal support, or | ||||||
6 | petition to modify, suspend, or terminate an order for | ||||||
7 | withholding, the fee shall not exceed $60 in a county with | ||||||
8 | a population of 3,000,000 or more and shall not exceed $50 | ||||||
9 | in any other county, except as applied to units of local | ||||||
10 | government and school districts in counties with more than | ||||||
11 | 3,000,000 inhabitants an amount not to exceed $50. | ||||||
12 | (2) In a proceeding involving a petition to vacate or | ||||||
13 | modify any final judgment or order filed more than 30 days | ||||||
14 | after the judgment or order was entered, except for a | ||||||
15 | petition to modify, terminate, or enforce a judgment or | ||||||
16 | order for child or spousal support, or petition to modify, | ||||||
17 | suspend, or terminate an order for withholding, the fee | ||||||
18 | shall not exceed $75. | ||||||
19 | (3) In a proceeding involving a motion to vacate or | ||||||
20 | amend a final order, motion to vacate an ex parte | ||||||
21 | judgment, judgment of forfeiture, or "failure to appear" | ||||||
22 | or "failure to comply" notices sent to the Secretary of | ||||||
23 | State, the fee shall equal $40. | ||||||
24 | (h) Appeals preparation. The fee for preparation of a | ||||||
25 | record on appeal shall be based on the number of pages, as | ||||||
26 | follows: |
| |||||||
| |||||||
1 | (1) if the record contains no more than 100 pages, the | ||||||
2 | fee shall not exceed $70 in a county with a population of | ||||||
3 | 3,000,000 or more and shall not exceed $50 in any other | ||||||
4 | county; | ||||||
5 | (2) if the record contains between 100 and 200 pages, | ||||||
6 | the fee shall not exceed $100; and | ||||||
7 | (3) if the record contains 200 or more pages, the | ||||||
8 | clerk may collect an additional fee not to exceed 25 cents | ||||||
9 | per page. | ||||||
10 | (i) Remands. In any cases remanded to the circuit court | ||||||
11 | from the Supreme Court or the appellate court for a new trial, | ||||||
12 | the clerk shall reinstate the case with either its original | ||||||
13 | number or a new number. The clerk shall not charge any new or | ||||||
14 | additional fee for the reinstatement. Upon reinstatement, the | ||||||
15 | clerk shall advise the parties of the reinstatement. Parties | ||||||
16 | shall have the same right to a jury trial on remand and | ||||||
17 | reinstatement that they had before the appeal, and no | ||||||
18 | additional or new fee or charge shall be made for a jury trial | ||||||
19 | after remand. | ||||||
20 | (j) Garnishment, wage deduction, and citation. In | ||||||
21 | garnishment affidavit, wage deduction affidavit, and citation | ||||||
22 | petition proceedings: | ||||||
23 | (1) if the amount in controversy in the proceeding is | ||||||
24 | not more than $1,000, the fee may not exceed $35 in a | ||||||
25 | county with a population of 3,000,000 or more and may not | ||||||
26 | exceed $15 in any other county, except as applied to units |
| |||||||
| |||||||
1 | of local government and school districts in counties with | ||||||
2 | more than 3,000,000 inhabitants an amount not to exceed | ||||||
3 | $15; | ||||||
4 | (2) if the amount in controversy in the proceeding is | ||||||
5 | greater than $1,000 and not more than $5,000, the fee may | ||||||
6 | not exceed $45 in a county with a population of 3,000,000 | ||||||
7 | or more and may not exceed $30 in any other county, except | ||||||
8 | as applied to units of local government and school | ||||||
9 | districts in counties with more than 3,000,000 inhabitants | ||||||
10 | an amount not to exceed $30; and | ||||||
11 | (3) if the amount in controversy in the proceeding is | ||||||
12 | greater than $5,000, the fee may not exceed $65 in a county | ||||||
13 | with a population of 3,000,000 or more and may not exceed | ||||||
14 | $50 in any other county, except as applied to units of | ||||||
15 | local government and school districts in counties with | ||||||
16 | more than 3,000,000 inhabitants an amount not to exceed | ||||||
17 | $50. | ||||||
18 | (j-5) Debt collection. In any proceeding to collect a debt | ||||||
19 | subject to the exception in item (ii) of subparagraph (A-5) of | ||||||
20 | paragraph (1) of subsection (z) of this Section, the circuit | ||||||
21 | court shall order and the clerk shall collect from each | ||||||
22 | judgment debtor a fee of: | ||||||
23 | (1) $35 if the amount in controversy in the proceeding | ||||||
24 | is not more than $1,000; | ||||||
25 | (2) $45 if the amount in controversy in the proceeding | ||||||
26 | is greater than $1,000 and not more than $5,000; and |
| |||||||
| |||||||
1 | (3) $65 if the amount in controversy in the proceeding | ||||||
2 | is greater than $5,000. | ||||||
3 | (k) Collections. | ||||||
4 | (1) For all collections made of others, except the | ||||||
5 | State and county and except in maintenance or child | ||||||
6 | support cases, the clerk may collect a fee of up to 2.5% of | ||||||
7 | the amount collected and turned over. | ||||||
8 | (2) In child support and maintenance cases, the clerk | ||||||
9 | may collect an annual fee of up to $36 from the person | ||||||
10 | making payment for maintaining child support records and | ||||||
11 | the processing of support orders to the State of Illinois | ||||||
12 | KIDS system and the recording of payments issued by the | ||||||
13 | State Disbursement Unit for the official record of the | ||||||
14 | Court. This fee is in addition to and separate from | ||||||
15 | amounts ordered to be paid as maintenance or child support | ||||||
16 | and shall be deposited into a Separate Maintenance and | ||||||
17 | Child Support Collection Fund, of which the clerk shall be | ||||||
18 | the custodian, ex officio, to be used by the clerk to | ||||||
19 | maintain child support orders and record all payments | ||||||
20 | issued by the State Disbursement Unit for the official | ||||||
21 | record of the Court. The clerk may recover from the person | ||||||
22 | making the maintenance or child support payment any | ||||||
23 | additional cost incurred in the collection of this annual | ||||||
24 | fee. | ||||||
25 | (3) The clerk may collect a fee of $5 for | ||||||
26 | certifications made to the Secretary of State as provided |
| |||||||
| |||||||
1 | in Section 7-703 of the Illinois Vehicle Code, and this | ||||||
2 | fee shall be deposited into the Separate Maintenance and | ||||||
3 | Child Support Collection Fund. | ||||||
4 | (4) In proceedings to foreclose the lien of delinquent | ||||||
5 | real estate taxes, State's Attorneys shall receive a fee | ||||||
6 | of 10% of the total amount realized from the sale of real | ||||||
7 | estate sold in the proceedings. The clerk shall collect | ||||||
8 | the fee from the total amount realized from the sale of the | ||||||
9 | real estate sold in the proceedings and remit to the | ||||||
10 | County Treasurer to be credited to the earnings of the | ||||||
11 | Office of the State's Attorney. | ||||||
12 | (l) Mailing. The fee for the clerk mailing documents shall | ||||||
13 | not exceed $10 plus the cost of postage. | ||||||
14 | (m) Certified copies. The fee for each certified copy of a | ||||||
15 | judgment, after the first copy, shall not exceed $10. | ||||||
16 | (n) Certification, authentication, and reproduction. | ||||||
17 | (1) The fee for each certification or authentication | ||||||
18 | for taking the acknowledgment of a deed or other | ||||||
19 | instrument in writing with the seal of office shall not | ||||||
20 | exceed $6. | ||||||
21 | (2) The fee for reproduction of any document contained | ||||||
22 | in the clerk's files shall not exceed: | ||||||
23 | (A) $2 for the first page; | ||||||
24 | (B) 50 cents per page for the next 19 pages; and | ||||||
25 | (C) 25 cents per page for all additional pages. | ||||||
26 | (o) Record search. For each record search, within a |
| |||||||
| |||||||
1 | division or municipal district, the clerk may collect a search | ||||||
2 | fee not to exceed $6 for each year searched. | ||||||
3 | (p) Hard copy. For each page of hard copy print output, | ||||||
4 | when case records are maintained on an automated medium, the | ||||||
5 | clerk may collect a fee not to exceed $10 in a county with a | ||||||
6 | population of 3,000,000 or more and not to exceed $6 in any | ||||||
7 | other county, except as applied to units of local government | ||||||
8 | and school districts in counties with more than 3,000,000 | ||||||
9 | inhabitants an amount not to exceed $6. | ||||||
10 | (q) Index inquiry and other records. No fee shall be | ||||||
11 | charged for a single plaintiff and defendant index inquiry or | ||||||
12 | single case record inquiry when this request is made in person | ||||||
13 | and the records are maintained in a current automated medium, | ||||||
14 | and when no hard copy print output is requested. The fees to be | ||||||
15 | charged for management records, multiple case records, and | ||||||
16 | multiple journal records may be specified by the Chief Judge | ||||||
17 | pursuant to the guidelines for access and dissemination of | ||||||
18 | information approved by the Supreme Court. | ||||||
19 | (r) Performing a marriage. There shall be a $10 fee for | ||||||
20 | performing a marriage in court. | ||||||
21 | (s) Voluntary assignment. For filing each deed of | ||||||
22 | voluntary assignment, the clerk shall collect a fee not to | ||||||
23 | exceed $20. For recording a deed of voluntary assignment, the | ||||||
24 | clerk shall collect a fee not to exceed 50 cents for each 100 | ||||||
25 | words. Exceptions filed to claims presented to an assignee of | ||||||
26 | a debtor who has made a voluntary assignment for the benefit of |
| |||||||
| |||||||
1 | creditors shall be considered and treated, for the purpose of | ||||||
2 | taxing costs therein, as actions in which the party or parties | ||||||
3 | filing the exceptions shall be considered as party or parties | ||||||
4 | plaintiff, and the claimant or claimants as party or parties | ||||||
5 | defendant, and those parties respectively shall pay to the | ||||||
6 | clerk the same fees as provided by this Section to be paid in | ||||||
7 | other actions. | ||||||
8 | (t) Expungement petition. Except as provided in Sections | ||||||
9 | 1-19 and 5-915 of the Juvenile Court Act of 1987, the clerk may | ||||||
10 | collect a fee not to exceed $60 for each expungement petition | ||||||
11 | filed and an additional fee not to exceed $4 for each certified | ||||||
12 | copy of an order to expunge arrest records. | ||||||
13 | (u) Transcripts of judgment. For the filing of a | ||||||
14 | transcript of judgment, the clerk may collect the same fee as | ||||||
15 | if it were the commencement of a new suit. | ||||||
16 | (v) Probate filings. | ||||||
17 | (1) For each account (other than one final account) | ||||||
18 | filed in the estate of a decedent, or ward, the fee shall | ||||||
19 | not exceed $25. | ||||||
20 | (2) For filing a claim in an estate when the amount | ||||||
21 | claimed is greater than $150 and not more than $500, the | ||||||
22 | fee shall not exceed $40 in a county with a population of | ||||||
23 | 3,000,000 or more and shall not exceed $25 in any other | ||||||
24 | county; when the amount claimed is greater than $500 and | ||||||
25 | not more than $10,000, the fee shall not exceed $55 in a | ||||||
26 | county with a population of 3,000,000 or more and shall |
| |||||||
| |||||||
1 | not exceed $40 in any other county; and when the amount | ||||||
2 | claimed is more than $10,000, the fee shall not exceed $75 | ||||||
3 | in a county with a population of 3,000,000 or more and | ||||||
4 | shall not exceed $60 in any other county; except the court | ||||||
5 | in allowing a claim may add to the amount allowed the | ||||||
6 | filing fee paid by the claimant. | ||||||
7 | (3) For filing in an estate a claim, petition, or | ||||||
8 | supplemental proceeding based upon an action seeking | ||||||
9 | equitable relief including the construction or contest of | ||||||
10 | a will, enforcement of a contract to make a will, and | ||||||
11 | proceedings involving testamentary trusts or the | ||||||
12 | appointment of testamentary trustees, the fee shall not | ||||||
13 | exceed $60. | ||||||
14 | (4) There shall be no fee for filing in an estate: (i) | ||||||
15 | the appearance of any person for the purpose of consent; | ||||||
16 | or (ii) the appearance of an executor, administrator, | ||||||
17 | administrator to collect, guardian, guardian ad litem, or | ||||||
18 | special administrator. | ||||||
19 | (5) For each jury demand, the fee shall not exceed | ||||||
20 | $137.50. | ||||||
21 | (6) For each certified copy of letters of office, of | ||||||
22 | court order, or other certification, the fee shall not | ||||||
23 | exceed $2 per page. | ||||||
24 | (7) For each exemplification, the fee shall not exceed | ||||||
25 | $2, plus the fee for certification. | ||||||
26 | (8) The executor, administrator, guardian, petitioner, |
| |||||||
| |||||||
1 | or other interested person or his or her attorney shall | ||||||
2 | pay the cost of publication by the clerk directly to the | ||||||
3 | newspaper. | ||||||
4 | (9) The person on whose behalf a charge is incurred | ||||||
5 | for witness, court reporter, appraiser, or other | ||||||
6 | miscellaneous fees shall pay the same directly to the | ||||||
7 | person entitled thereto. | ||||||
8 | (10) The executor, administrator, guardian, | ||||||
9 | petitioner, or other interested person or his or her | ||||||
10 | attorney shall pay to the clerk all postage charges | ||||||
11 | incurred by the clerk in mailing petitions, orders, | ||||||
12 | notices, or other documents pursuant to the provisions of | ||||||
13 | the Probate Act of 1975. | ||||||
14 | (w) Corrections of numbers. For correction of the case | ||||||
15 | number, case title, or attorney computer identification | ||||||
16 | number, if required by rule of court, on any document filed in | ||||||
17 | the clerk's office, to be charged against the party that filed | ||||||
18 | the document, the fee shall not exceed $25. | ||||||
19 | (x) Miscellaneous. | ||||||
20 | (1) Interest earned on any fees collected by the clerk | ||||||
21 | shall be turned over to the county general fund as an | ||||||
22 | earning of the office. | ||||||
23 | (2) For any check, draft, or other bank instrument | ||||||
24 | returned to the clerk for non-sufficient funds, account | ||||||
25 | closed, or payment stopped, the clerk shall collect a fee | ||||||
26 | of $25. |
| |||||||
| |||||||
1 | (y) Other fees. Any fees not covered in this Section shall | ||||||
2 | be set by rule or administrative order of the circuit court | ||||||
3 | with the approval of the Administrative Office of the Illinois | ||||||
4 | Courts. The clerk of the circuit court may provide services in | ||||||
5 | connection with the operation of the clerk's office, other | ||||||
6 | than those services mentioned in this Section, as may be | ||||||
7 | requested by the public and agreed to by the clerk and approved | ||||||
8 | by the Chief Judge. Any charges for additional services shall | ||||||
9 | be as agreed to between the clerk and the party making the | ||||||
10 | request and approved by the Chief Judge. Nothing in this | ||||||
11 | subsection shall be construed to require any clerk to provide | ||||||
12 | any service not otherwise required by law. | ||||||
13 | (y-5) Unpaid fees. Unless a court ordered payment schedule | ||||||
14 | is implemented or the fee requirements of this Section are | ||||||
15 | waived under a court order, the clerk of the circuit court may | ||||||
16 | add to any unpaid fees and costs under this Section a | ||||||
17 | delinquency amount equal to 5% of the unpaid fees that remain | ||||||
18 | unpaid after 30 days, 10% of the unpaid fees that remain unpaid | ||||||
19 | after 60 days, and 15% of the unpaid fees that remain unpaid | ||||||
20 | after 90 days. Notice to those parties may be made by signage | ||||||
21 | posting or publication. The additional delinquency amounts | ||||||
22 | collected under this Section shall be deposited into the | ||||||
23 | Circuit Court Clerk Operations and Administration Fund and | ||||||
24 | used to defray additional administrative costs incurred by the | ||||||
25 | clerk of the circuit court in collecting unpaid fees and | ||||||
26 | costs. |
| |||||||
| |||||||
1 | (z) Exceptions. | ||||||
2 | (1) No fee authorized by this Section shall apply to: | ||||||
3 | (A) police departments or other law enforcement | ||||||
4 | agencies. In this Section, "law enforcement agency" | ||||||
5 | means: an agency of the State or agency of a unit of | ||||||
6 | local government which is vested by law or ordinance | ||||||
7 | with the duty to maintain public order and to enforce | ||||||
8 | criminal laws or ordinances; the Attorney General; or | ||||||
9 | any State's Attorney; | ||||||
10 | (A-5) any unit of local government or school | ||||||
11 | district, except in counties having a population of | ||||||
12 | 500,000 or more the county board may by resolution set | ||||||
13 | fees for units of local government or school districts | ||||||
14 | no greater than the minimum fees applicable in | ||||||
15 | counties with a population less than 3,000,000; | ||||||
16 | provided however, no fee may be charged to any unit of | ||||||
17 | local government or school district in connection with | ||||||
18 | any action which, in whole or in part, is: (i) to | ||||||
19 | enforce an ordinance; (ii) to collect a debt; or (iii) | ||||||
20 | under the Administrative Review Law; | ||||||
21 | (B) any action instituted by the corporate | ||||||
22 | authority of a municipality with more than 1,000,000 | ||||||
23 | inhabitants under Section 11-31-1 of the Illinois | ||||||
24 | Municipal Code and any action instituted under | ||||||
25 | subsection (b) of Section 11-31-1 of the Illinois | ||||||
26 | Municipal Code by a private owner or tenant of real |
| |||||||
| |||||||
1 | property within 1,200 feet of a dangerous or unsafe | ||||||
2 | building seeking an order compelling the owner or | ||||||
3 | owners of the building to take any of the actions | ||||||
4 | authorized under that subsection; | ||||||
5 | (C) any commitment petition or petition for an | ||||||
6 | order authorizing the administration of psychotropic | ||||||
7 | medication or electroconvulsive therapy under the | ||||||
8 | Mental Health and Developmental Disabilities Code; | ||||||
9 | (D) a petitioner in any order of protection | ||||||
10 | proceeding, including, but not limited to, fees for | ||||||
11 | filing, modifying, withdrawing, certifying, or | ||||||
12 | photocopying petitions for orders of protection, | ||||||
13 | issuing alias summons, any related filing service, or | ||||||
14 | certifying, modifying, vacating, or photocopying any | ||||||
15 | orders of protection; | ||||||
16 | (E) proceedings for the appointment of a | ||||||
17 | confidential intermediary under the Adoption Act; | ||||||
18 | (F) a minor subject to Article III, IV, or V of the | ||||||
19 | Juvenile Court Act of 1987, or the minor's parent, | ||||||
20 | guardian, or legal custodian; or | ||||||
21 | (G) a minor under the age of 18 transferred to | ||||||
22 | adult court or excluded from juvenile court | ||||||
23 | jurisdiction under Article V of the Juvenile Court Act | ||||||
24 | of 1987, or the minor's parent, guardian, or legal | ||||||
25 | custodian. | ||||||
26 | (2) No fee other than the filing fee contained in the |
| |||||||
| |||||||
1 | applicable schedule in subsection (a) shall be charged to | ||||||
2 | any person in connection with an adoption proceeding. | ||||||
3 | (3) Upon good cause shown, the court may waive any | ||||||
4 | fees associated with a special needs adoption. The term | ||||||
5 | "special needs adoption" has the meaning provided by the | ||||||
6 | Illinois Department of Children and Family Services. | ||||||
7 | (Source: P.A. 102-145, eff. 7-23-21; 102-278, eff. 8-6-21; | ||||||
8 | 102-558, eff. 8-20-21; 102-813, eff. 5-13-22; 103-4, eff. | ||||||
9 | 5-31-23; 103-379, eff. 7-28-23; revised 8-30-23.)
| ||||||
10 | Section 555. The Juvenile Court Act of 1987 is amended by | ||||||
11 | changing Sections 1-8, 2-3, 2-6, 2-9, 2-10, 2-20, 2-28, 3-5, | ||||||
12 | 3-6, 3-16, 3-17, 3-19, 3-21, 3-24, 3-33.5, 4-8, 4-9, 4-14, | ||||||
13 | 4-16, 4-18, 4-21, 5-105, 5-120, 5-401.6, 5-410, 5-525, 5-601, | ||||||
14 | 5-610, 5-615, 5-625, 5-705, 5-710, 5-715, 5-810, 5-915, 6-7, | ||||||
15 | 6-9, and 6-10 as follows:
| ||||||
16 | (705 ILCS 405/1-8) | ||||||
17 | Sec. 1-8. Confidentiality and accessibility of juvenile | ||||||
18 | court records. | ||||||
19 | (A) A juvenile adjudication shall never be considered a | ||||||
20 | conviction nor shall an adjudicated individual be considered a | ||||||
21 | criminal. Unless expressly allowed by law, a juvenile | ||||||
22 | adjudication shall not operate to impose upon the individual | ||||||
23 | any of the civil disabilities ordinarily imposed by or | ||||||
24 | resulting from conviction. Unless expressly allowed by law, |
| |||||||
| |||||||
1 | adjudications shall not prejudice or disqualify the individual | ||||||
2 | in any civil service application or appointment, from holding | ||||||
3 | public office, or from receiving any license granted by public | ||||||
4 | authority. All juvenile court records which have not been | ||||||
5 | expunged are sealed and may never be disclosed to the general | ||||||
6 | public or otherwise made widely available. Sealed juvenile | ||||||
7 | court records may be obtained only under this Section and | ||||||
8 | Section 1-7 and Part 9 of Article V of this Act, when their use | ||||||
9 | is needed for good cause and with an order from the juvenile | ||||||
10 | court. Inspection and copying of juvenile court records | ||||||
11 | relating to a minor who is the subject of a proceeding under | ||||||
12 | this Act shall be restricted to the following: | ||||||
13 | (1) The minor who is the subject of record, the | ||||||
14 | minor's parents, guardian, and counsel. | ||||||
15 | (2) Law enforcement officers and law enforcement | ||||||
16 | agencies when such information is essential to executing | ||||||
17 | an arrest or search warrant or other compulsory process, | ||||||
18 | or to conducting an ongoing investigation or relating to a | ||||||
19 | minor who has been adjudicated delinquent and there has | ||||||
20 | been a previous finding that the act which constitutes the | ||||||
21 | previous offense was committed in furtherance of criminal | ||||||
22 | activities by a criminal street gang. | ||||||
23 | Before July 1, 1994, for the purposes of this Section, | ||||||
24 | "criminal street gang" means any ongoing organization, | ||||||
25 | association, or group of 3 or more persons, whether formal | ||||||
26 | or informal, having as one of its primary activities the |
| |||||||
| |||||||
1 | commission of one or more criminal acts and that has a | ||||||
2 | common name or common identifying sign, symbol , or | ||||||
3 | specific color apparel displayed, and whose members | ||||||
4 | individually or collectively engage in or have engaged in | ||||||
5 | a pattern of criminal activity. | ||||||
6 | Beginning July 1, 1994, for purposes of this Section, | ||||||
7 | "criminal street gang" has the meaning ascribed to it in | ||||||
8 | Section 10 of the Illinois Streetgang Terrorism Omnibus | ||||||
9 | Prevention Act. | ||||||
10 | (3) Judges, hearing officers, prosecutors, public | ||||||
11 | defenders, probation officers, social workers, or other | ||||||
12 | individuals assigned by the court to conduct a | ||||||
13 | pre-adjudication or pre-disposition investigation, and | ||||||
14 | individuals responsible for supervising or providing | ||||||
15 | temporary or permanent care and custody for minors under | ||||||
16 | the order of the juvenile court when essential to | ||||||
17 | performing their responsibilities. | ||||||
18 | (4) Judges, federal, State, and local prosecutors, | ||||||
19 | public defenders, probation officers, and designated | ||||||
20 | staff: | ||||||
21 | (a) in the course of a trial when institution of | ||||||
22 | criminal proceedings has been permitted or required | ||||||
23 | under Section 5-805; | ||||||
24 | (b) when criminal proceedings have been permitted | ||||||
25 | or required under Section 5-805 and a minor is the | ||||||
26 | subject of a proceeding to determine the conditions of |
| |||||||
| |||||||
1 | pretrial release; | ||||||
2 | (c) when criminal proceedings have been permitted | ||||||
3 | or required under Section 5-805 and a minor is the | ||||||
4 | subject of a pre-trial investigation, pre-sentence | ||||||
5 | investigation or fitness hearing, or proceedings on an | ||||||
6 | application for probation; or | ||||||
7 | (d) when a minor becomes 18 years of age or older, | ||||||
8 | and is the subject of criminal proceedings, including | ||||||
9 | a hearing to determine the conditions of pretrial | ||||||
10 | release, a pre-trial investigation, a pre-sentence | ||||||
11 | investigation, a fitness hearing, or proceedings on an | ||||||
12 | application for probation. | ||||||
13 | (5) Adult and Juvenile Prisoner Review Boards. | ||||||
14 | (6) Authorized military personnel. | ||||||
15 | (6.5) Employees of the federal government authorized | ||||||
16 | by law. | ||||||
17 | (7) Victims, their subrogees and legal | ||||||
18 | representatives; however, such persons shall have access | ||||||
19 | only to the name and address of the minor and information | ||||||
20 | pertaining to the disposition or alternative adjustment | ||||||
21 | plan of the juvenile court. | ||||||
22 | (8) Persons engaged in bona fide research, with the | ||||||
23 | permission of the presiding judge of the juvenile court | ||||||
24 | and the chief executive of the agency that prepared the | ||||||
25 | particular records; provided that publication of such | ||||||
26 | research results in no disclosure of a minor's identity |
| |||||||
| |||||||
1 | and protects the confidentiality of the record. | ||||||
2 | (9) The Secretary of State to whom the Clerk of the | ||||||
3 | Court shall report the disposition of all cases, as | ||||||
4 | required in Section 6-204 of the Illinois Vehicle Code. | ||||||
5 | However, information reported relative to these offenses | ||||||
6 | shall be privileged and available only to the Secretary of | ||||||
7 | State, courts, and police officers. | ||||||
8 | (10) The administrator of a bonafide substance abuse | ||||||
9 | student assistance program with the permission of the | ||||||
10 | presiding judge of the juvenile court. | ||||||
11 | (11) Mental health professionals on behalf of the | ||||||
12 | Department of Corrections or the Department of Human | ||||||
13 | Services or prosecutors who are evaluating, prosecuting, | ||||||
14 | or investigating a potential or actual petition brought | ||||||
15 | under the Sexually Violent Persons Commitment Act relating | ||||||
16 | to a person who is the subject of juvenile court records or | ||||||
17 | the respondent to a petition brought under the Sexually | ||||||
18 | Violent Persons Commitment Act, who is the subject of | ||||||
19 | juvenile court records sought. Any records and any | ||||||
20 | information obtained from those records under this | ||||||
21 | paragraph (11) may be used only in sexually violent | ||||||
22 | persons commitment proceedings. | ||||||
23 | (12) (Blank). | ||||||
24 | (A-1) Findings and exclusions of paternity entered in | ||||||
25 | proceedings occurring under Article II of this Act shall be | ||||||
26 | disclosed, in a manner and form approved by the Presiding |
| |||||||
| |||||||
1 | Judge of the Juvenile Court, to the Department of Healthcare | ||||||
2 | and Family Services when necessary to discharge the duties of | ||||||
3 | the Department of Healthcare and Family Services under Article | ||||||
4 | X of the Illinois Public Aid Code. | ||||||
5 | (B) A minor who is the victim in a juvenile proceeding | ||||||
6 | shall be provided the same confidentiality regarding | ||||||
7 | disclosure of identity as the minor who is the subject of | ||||||
8 | record. | ||||||
9 | (C)(0.1) In cases where the records concern a pending | ||||||
10 | juvenile court case, the requesting party seeking to inspect | ||||||
11 | the juvenile court records shall provide actual notice to the | ||||||
12 | attorney or guardian ad litem of the minor whose records are | ||||||
13 | sought. | ||||||
14 | (0.2) In cases where the juvenile court records concern a | ||||||
15 | juvenile court case that is no longer pending, the requesting | ||||||
16 | party seeking to inspect the juvenile court records shall | ||||||
17 | provide actual notice to the minor or the minor's parent or | ||||||
18 | legal guardian, and the matter shall be referred to the chief | ||||||
19 | judge presiding over matters pursuant to this Act. | ||||||
20 | (0.3) In determining whether juvenile court records should | ||||||
21 | be made available for inspection and whether inspection should | ||||||
22 | be limited to certain parts of the file, the court shall | ||||||
23 | consider the minor's interest in confidentiality and | ||||||
24 | rehabilitation over the requesting party's interest in | ||||||
25 | obtaining the information. The State's Attorney, the minor, | ||||||
26 | and the minor's parents, guardian, and counsel shall at all |
| |||||||
| |||||||
1 | times have the right to examine court files and records. | ||||||
2 | (0.4) Any records obtained in violation of this Section | ||||||
3 | shall not be admissible in any criminal or civil proceeding, | ||||||
4 | or operate to disqualify a minor from subsequently holding | ||||||
5 | public office, or operate as a forfeiture of any public | ||||||
6 | benefit, right, privilege, or right to receive any license | ||||||
7 | granted by public authority. | ||||||
8 | (D) Pending or following any adjudication of delinquency | ||||||
9 | for any offense defined in Sections 11-1.20 through 11-1.60 or | ||||||
10 | 12-13 through 12-16 of the Criminal Code of 1961 or the | ||||||
11 | Criminal Code of 2012, the victim of any such offense shall | ||||||
12 | receive the rights set out in Sections 4 and 6 of the Bill of | ||||||
13 | Rights of Crime for Victims and Witnesses of Violent Crime | ||||||
14 | Act; and the juvenile who is the subject of the adjudication, | ||||||
15 | notwithstanding any other provision of this Act, shall be | ||||||
16 | treated as an adult for the purpose of affording such rights to | ||||||
17 | the victim. | ||||||
18 | (E) Nothing in this Section shall affect the right of a | ||||||
19 | Civil Service Commission or appointing authority of the | ||||||
20 | federal government, or any state, county, or municipality | ||||||
21 | examining the character and fitness of an applicant for | ||||||
22 | employment with a law enforcement agency, correctional | ||||||
23 | institution, or fire department to ascertain whether that | ||||||
24 | applicant was ever adjudicated to be a delinquent minor and, | ||||||
25 | if so, to examine the records of disposition or evidence which | ||||||
26 | were made in proceedings under this Act. |
| |||||||
| |||||||
1 | (F) Following any adjudication of delinquency for a crime | ||||||
2 | which would be a felony if committed by an adult, or following | ||||||
3 | any adjudication of delinquency for a violation of Section | ||||||
4 | 24-1, 24-3, 24-3.1, or 24-5 of the Criminal Code of 1961 or the | ||||||
5 | Criminal Code of 2012, the State's Attorney shall ascertain | ||||||
6 | whether the minor respondent is enrolled in school and, if so, | ||||||
7 | shall provide a copy of the dispositional order to the | ||||||
8 | principal or chief administrative officer of the school. | ||||||
9 | Access to the dispositional order shall be limited to the | ||||||
10 | principal or chief administrative officer of the school and | ||||||
11 | any school counselor designated by the principal or chief | ||||||
12 | administrative officer. | ||||||
13 | (G) Nothing contained in this Act prevents the sharing or | ||||||
14 | disclosure of information or records relating or pertaining to | ||||||
15 | juveniles subject to the provisions of the Serious Habitual | ||||||
16 | Offender Comprehensive Action Program when that information is | ||||||
17 | used to assist in the early identification and treatment of | ||||||
18 | habitual juvenile offenders. | ||||||
19 | (H) When a court hearing a proceeding under Article II of | ||||||
20 | this Act becomes aware that an earlier proceeding under | ||||||
21 | Article II had been heard in a different county, that court | ||||||
22 | shall request, and the court in which the earlier proceedings | ||||||
23 | were initiated shall transmit, an authenticated copy of the | ||||||
24 | juvenile court record, including all documents, petitions, and | ||||||
25 | orders filed and the minute orders, transcript of proceedings, | ||||||
26 | and docket entries of the court. |
| |||||||
| |||||||
1 | (I) The Clerk of the Circuit Court shall report to the | ||||||
2 | Illinois State Police, in the form and manner required by the | ||||||
3 | Illinois State Police, the final disposition of each minor who | ||||||
4 | has been arrested or taken into custody before the minor's | ||||||
5 | 18th birthday for those offenses required to be reported under | ||||||
6 | Section 5 of the Criminal Identification Act. Information | ||||||
7 | reported to the Illinois State Police Department under this | ||||||
8 | Section may be maintained with records that the Illinois State | ||||||
9 | Police Department files under Section 2.1 of the Criminal | ||||||
10 | Identification Act. | ||||||
11 | (J) The changes made to this Section by Public Act 98-61 | ||||||
12 | apply to juvenile law enforcement records of a minor who has | ||||||
13 | been arrested or taken into custody on or after January 1, 2014 | ||||||
14 | (the effective date of Public Act 98-61). | ||||||
15 | (K) Willful violation of this Section is a Class C | ||||||
16 | misdemeanor and each violation is subject to a fine of $1,000. | ||||||
17 | This subsection (K) shall not apply to the person who is the | ||||||
18 | subject of the record. | ||||||
19 | (L) A person convicted of violating this Section is liable | ||||||
20 | for damages in the amount of $1,000 or actual damages, | ||||||
21 | whichever is greater. | ||||||
22 | (Source: P.A. 102-197, eff. 7-30-21; 102-538, eff. 8-20-21; | ||||||
23 | 102-813, eff. 5-13-22; 103-22, eff. 8-8-23; 103-379, eff. | ||||||
24 | 7-28-23; revised 8-30-23.)
| ||||||
25 | (705 ILCS 405/2-3) (from Ch. 37, par. 802-3) |
| |||||||
| |||||||
1 | Sec. 2-3. Neglected or abused minor. | ||||||
2 | (1) Those who are neglected include any minor under 18 | ||||||
3 | years of age or a minor 18 years of age or older for whom the | ||||||
4 | court has made a finding of probable cause to believe that the | ||||||
5 | minor is abused, neglected, or dependent under subsection (1) | ||||||
6 | of Section 2-10 prior to the minor's 18th birthday: | ||||||
7 | (a) who is not receiving the proper or necessary | ||||||
8 | support, education as required by law, or medical or other | ||||||
9 | remedial care recognized under State law as necessary for | ||||||
10 | a minor's well-being, or other care necessary for the | ||||||
11 | minor's well-being, including adequate food, clothing , and | ||||||
12 | shelter, or who is abandoned by the minor's parent or | ||||||
13 | parents or other person or persons responsible for the | ||||||
14 | minor's welfare, except that a minor shall not be | ||||||
15 | considered neglected for the sole reason that the minor's | ||||||
16 | parent or parents or other person or persons responsible | ||||||
17 | for the minor's welfare have left the minor in the care of | ||||||
18 | an adult relative for any period of time, who the parent or | ||||||
19 | parents or other person responsible for the minor's | ||||||
20 | welfare know is both a mentally capable adult relative and | ||||||
21 | physically capable adult relative, as defined by this Act; | ||||||
22 | or | ||||||
23 | (b) whose environment is injurious to the minor's | ||||||
24 | welfare; or | ||||||
25 | (c) who is a any newborn infant whose blood, urine, or | ||||||
26 | meconium contains any amount of a controlled substance as |
| |||||||
| |||||||
1 | defined in subsection (f) of Section 102 of the Illinois | ||||||
2 | Controlled Substances Act , as now or hereafter amended, or | ||||||
3 | a metabolite of a controlled substance, with the exception | ||||||
4 | of controlled substances or metabolites of such | ||||||
5 | substances, the presence of which in the newborn infant is | ||||||
6 | the result of medical treatment administered to the person | ||||||
7 | who gave birth or the newborn infant; or | ||||||
8 | (d) any minor whose parent or other person responsible | ||||||
9 | for the minor's welfare leaves the minor without | ||||||
10 | supervision for an unreasonable period of time without | ||||||
11 | regard for the mental or physical health, safety, or | ||||||
12 | welfare of that minor. Whether the minor was left without | ||||||
13 | regard for the mental or physical health, safety, or | ||||||
14 | welfare of that minor or the period of time was | ||||||
15 | unreasonable shall be determined by considering the | ||||||
16 | following factors , including, but not limited to , the | ||||||
17 | following : | ||||||
18 | (1) the age of the minor; | ||||||
19 | (2) the number of minors left at the location; | ||||||
20 | (3) the special needs of the minor, including | ||||||
21 | whether the minor is a person with a physical or mental | ||||||
22 | disability , or is otherwise in need of ongoing | ||||||
23 | prescribed medical treatment , such as periodic doses | ||||||
24 | of insulin or other medications; | ||||||
25 | (4) the duration of time in which the minor was | ||||||
26 | left without supervision; |
| |||||||
| |||||||
1 | (5) the condition and location of the place where | ||||||
2 | the minor was left without supervision; | ||||||
3 | (6) the time of day or night when the minor was | ||||||
4 | left without supervision; | ||||||
5 | (7) the weather conditions, including whether the | ||||||
6 | minor was left in a location with adequate protection | ||||||
7 | from the natural elements , such as adequate heat or | ||||||
8 | light; | ||||||
9 | (8) the location of the parent or guardian at the | ||||||
10 | time the minor was left without supervision and , the | ||||||
11 | physical distance the minor was from the parent or | ||||||
12 | guardian at the time the minor was without | ||||||
13 | supervision; | ||||||
14 | (9) whether the minor's movement was restricted , | ||||||
15 | or the minor was otherwise locked within a room or | ||||||
16 | other structure; | ||||||
17 | (10) whether the minor was given a phone number of | ||||||
18 | a person or location to call in the event of an | ||||||
19 | emergency and whether the minor was capable of making | ||||||
20 | an emergency call; | ||||||
21 | (11) whether there was food and other provision | ||||||
22 | left for the minor; | ||||||
23 | (12) whether any of the conduct is attributable to | ||||||
24 | economic hardship or illness and the parent, guardian , | ||||||
25 | or other person having physical custody or control of | ||||||
26 | the child made a good faith effort to provide for the |
| |||||||
| |||||||
1 | health and safety of the minor; | ||||||
2 | (13) the age and physical and mental capabilities | ||||||
3 | of the person or persons who provided supervision for | ||||||
4 | the minor; | ||||||
5 | (14) whether the minor was left under the | ||||||
6 | supervision of another person; | ||||||
7 | (15) any other factor that would endanger the | ||||||
8 | health and safety of that particular minor; or | ||||||
9 | (e) any minor who has been provided with interim | ||||||
10 | crisis intervention services under Section 3-5 of this Act | ||||||
11 | and whose parent, guardian, or custodian refuses to permit | ||||||
12 | the minor to return home unless the minor is an immediate | ||||||
13 | physical danger to the minor or others living in the home. | ||||||
14 | A minor shall not be considered neglected for the sole | ||||||
15 | reason that the minor has been relinquished in accordance with | ||||||
16 | the Abandoned Newborn Infant Protection Act. | ||||||
17 | (1.5) A minor shall not be considered neglected for the | ||||||
18 | sole reason that the minor's parent or other person | ||||||
19 | responsible for the minor's welfare permits the minor to | ||||||
20 | engage in independent activities unless the minor was | ||||||
21 | permitted to engage in independent activities under | ||||||
22 | circumstances presenting unreasonable risk of harm to the | ||||||
23 | minor's mental or physical health, safety, or well-being. | ||||||
24 | "Independent activities" includes, but is not limited to: | ||||||
25 | (a) traveling to and from school , including by | ||||||
26 | walking, running, or bicycling; |
| |||||||
| |||||||
1 | (b) traveling to and from nearby commercial or | ||||||
2 | recreational facilities; | ||||||
3 | (c) engaging in outdoor play; | ||||||
4 | (d) remaining in a vehicle unattended, except as | ||||||
5 | otherwise provided by law; | ||||||
6 | (e) remaining at home or at a similarly appropriate | ||||||
7 | location unattended; or | ||||||
8 | (f) engaging in a similar independent activity alone | ||||||
9 | or with other children. | ||||||
10 | In determining whether an independent activity presented | ||||||
11 | unreasonable risk of harm, the court shall consider: | ||||||
12 | (1) whether the activity is accepted as suitable for | ||||||
13 | minors of the same age, maturity level, and developmental | ||||||
14 | capacity as the involved minor; | ||||||
15 | (2) the factors listed in items (1) through (15) of | ||||||
16 | paragraph (d) of subsection (1); and | ||||||
17 | (3) any other factor the court deems relevant. | ||||||
18 | (2) Those who are abused include any minor under 18 years | ||||||
19 | of age or a minor 18 years of age or older for whom the court | ||||||
20 | has made a finding of probable cause to believe that the minor | ||||||
21 | is abused, neglected, or dependent under subsection (1) of | ||||||
22 | Section 2-10 prior to the minor's 18th birthday whose parent | ||||||
23 | or immediate family member, or any person responsible for the | ||||||
24 | minor's welfare, or any person who is in the same family or | ||||||
25 | household as the minor, or any individual residing in the same | ||||||
26 | home as the minor, or a paramour of the minor's parent: |
| |||||||
| |||||||
1 | (i) inflicts, causes to be inflicted, or allows to be | ||||||
2 | inflicted upon such minor physical injury, by other than | ||||||
3 | accidental means, which causes death, disfigurement, | ||||||
4 | impairment of physical or emotional health, or loss or | ||||||
5 | impairment of any bodily function; | ||||||
6 | (ii) creates a substantial risk of physical injury to | ||||||
7 | such minor by other than accidental means which would be | ||||||
8 | likely to cause death, disfigurement, impairment of | ||||||
9 | emotional health, or loss or impairment of any bodily | ||||||
10 | function; | ||||||
11 | (iii) commits or allows to be committed any sex | ||||||
12 | offense against such minor, as such sex offenses are | ||||||
13 | defined in the Criminal Code of 1961 or the Criminal Code | ||||||
14 | of 2012, or in the Wrongs to Children Act, and extending | ||||||
15 | those definitions of sex offenses to include minors under | ||||||
16 | 18 years of age; | ||||||
17 | (iv) commits or allows to be committed an act or acts | ||||||
18 | of torture upon such minor; | ||||||
19 | (v) inflicts excessive corporal punishment; | ||||||
20 | (vi) commits or allows to be committed the offense of | ||||||
21 | involuntary servitude, involuntary sexual servitude of a | ||||||
22 | minor, or trafficking in persons as defined in Section | ||||||
23 | 10-9 of the Criminal Code of 1961 or the Criminal Code of | ||||||
24 | 2012, upon such minor; or | ||||||
25 | (vii) allows, encourages , or requires a minor to | ||||||
26 | commit any act of prostitution, as defined in the Criminal |
| |||||||
| |||||||
1 | Code of 1961 or the Criminal Code of 2012, and extending | ||||||
2 | those definitions to include minors under 18 years of age. | ||||||
3 | A minor shall not be considered abused for the sole reason | ||||||
4 | that the minor has been relinquished in accordance with the | ||||||
5 | Abandoned Newborn Infant Protection Act. | ||||||
6 | (3) This Section does not apply to a minor who would be | ||||||
7 | included herein solely for the purpose of qualifying for | ||||||
8 | financial assistance for the minor or , the minor's parents, | ||||||
9 | guardian , or custodian. | ||||||
10 | (4) The changes made by Public Act 101-79 this amendatory | ||||||
11 | Act of the 101st General Assembly apply to a case that is | ||||||
12 | pending on or after July 12, 2019 ( the effective date of Public | ||||||
13 | Act 101-79) this amendatory Act of the 101st General Assembly . | ||||||
14 | (Source: P.A. 103-22, eff. 8-8-23; 103-233, eff. 6-30-23; | ||||||
15 | revised 8-30-23.)
| ||||||
16 | (705 ILCS 405/2-6) (from Ch. 37, par. 802-6) | ||||||
17 | Sec. 2-6. Duty of officer. (1) A law enforcement officer | ||||||
18 | who takes a minor into custody under Section 2-5 shall | ||||||
19 | immediately make a reasonable attempt to notify the parent or | ||||||
20 | other person legally responsible for the minor's care or the | ||||||
21 | person with whom the minor resides that the minor has been | ||||||
22 | taken into custody and where the minor is being held. | ||||||
23 | (a) A law enforcement officer who takes a minor into | ||||||
24 | custody with a warrant shall without unnecessary delay | ||||||
25 | take the minor to the nearest juvenile police officer |
| |||||||
| |||||||
1 | designated for such purposes in the county of venue. | ||||||
2 | (b) A law enforcement officer who takes a minor into | ||||||
3 | custody without a warrant shall place the minor in | ||||||
4 | temporary protective custody and shall immediately notify | ||||||
5 | the Department of Children and Family Services by | ||||||
6 | contacting either the central register established under | ||||||
7 | Section 7.7 of the Abused and Neglected Child Reporting | ||||||
8 | Act or the nearest Department of Children and Family | ||||||
9 | Services office. If there is reasonable cause to suspect | ||||||
10 | that a minor has died as a result of abuse or neglect, the | ||||||
11 | law enforcement officer shall immediately report such | ||||||
12 | suspected abuse or neglect to the appropriate medical | ||||||
13 | examiner or coroner. | ||||||
14 | (Source: P.A. 103-22, eff. 8-8-23; revised 9-20-23.)
| ||||||
15 | (705 ILCS 405/2-9) (from Ch. 37, par. 802-9) | ||||||
16 | Sec. 2-9. Setting of temporary custody hearing; notice; | ||||||
17 | release. | ||||||
18 | (1) Unless sooner released, a minor , as defined in Section | ||||||
19 | 2-3 or 2-4 of this Act , taken into temporary protective | ||||||
20 | custody must be brought before a judicial officer within 48 | ||||||
21 | hours, exclusive of Saturdays, Sundays , and court-designated | ||||||
22 | holidays, for a temporary custody hearing to determine whether | ||||||
23 | the minor shall be further held in custody. | ||||||
24 | (2) If the probation officer or such other public officer | ||||||
25 | designated by the court determines that the minor should be |
| |||||||
| |||||||
1 | retained in custody, the probation officer or such other | ||||||
2 | public officer designated by the court shall cause a petition | ||||||
3 | to be filed as provided in Section 2-13 of this Article, and | ||||||
4 | the clerk of the court shall set the matter for hearing on the | ||||||
5 | temporary custody hearing calendar. When a parent, guardian, | ||||||
6 | custodian , or responsible relative is present and so requests, | ||||||
7 | the temporary custody hearing shall be held immediately if the | ||||||
8 | court is in session, otherwise at the earliest feasible time. | ||||||
9 | The petitioner through counsel or such other public officer | ||||||
10 | designated by the court shall ensure insure notification to | ||||||
11 | the minor's parent, guardian, custodian , or responsible | ||||||
12 | relative of the time and place of the hearing by the best | ||||||
13 | practicable notice, allowing for oral notice in place of | ||||||
14 | written notice only if provision of written notice is | ||||||
15 | unreasonable under the circumstances. | ||||||
16 | (3) The minor must be released from temporary protective | ||||||
17 | custody at the expiration of the 48-hour 48 hour period | ||||||
18 | specified by this Section if not brought before a judicial | ||||||
19 | officer within that period. | ||||||
20 | (Source: P.A. 103-22, eff. 8-8-23; revised 9-25-23.)
| ||||||
21 | (705 ILCS 405/2-10) (from Ch. 37, par. 802-10) | ||||||
22 | Sec. 2-10. Temporary custody hearing. At the appearance of | ||||||
23 | the minor before the court at the temporary custody hearing, | ||||||
24 | all witnesses present shall be examined before the court in | ||||||
25 | relation to any matter connected with the allegations made in |
| |||||||
| |||||||
1 | the petition. | ||||||
2 | (1) If the court finds that there is not probable cause to | ||||||
3 | believe that the minor is abused, neglected , or dependent it | ||||||
4 | shall release the minor and dismiss the petition. | ||||||
5 | (2) If the court finds that there is probable cause to | ||||||
6 | believe that the minor is abused, neglected , or dependent, the | ||||||
7 | court shall state in writing the factual basis supporting its | ||||||
8 | finding and the minor, the minor's parent, guardian, or | ||||||
9 | custodian , and other persons able to give relevant testimony | ||||||
10 | shall be examined before the court. The Department of Children | ||||||
11 | and Family Services shall give testimony concerning indicated | ||||||
12 | reports of abuse and neglect, of which they are aware through | ||||||
13 | the central registry, involving the minor's parent, guardian , | ||||||
14 | or custodian. After such testimony, the court may, consistent | ||||||
15 | with the health, safety , and best interests of the minor, | ||||||
16 | enter an order that the minor shall be released upon the | ||||||
17 | request of parent, guardian , or custodian if the parent, | ||||||
18 | guardian , or custodian appears to take custody. If it is | ||||||
19 | determined that a parent's, guardian's, or custodian's | ||||||
20 | compliance with critical services mitigates the necessity for | ||||||
21 | removal of the minor from the minor's home, the court may enter | ||||||
22 | an Order of Protection setting forth reasonable conditions of | ||||||
23 | behavior that a parent, guardian, or custodian must observe | ||||||
24 | for a specified period of time, not to exceed 12 months, | ||||||
25 | without a violation; provided, however, that the 12-month | ||||||
26 | period shall begin anew after any violation. "Custodian" |
| |||||||
| |||||||
1 | includes the Department of Children and Family Services, if it | ||||||
2 | has been given custody of the child, or any other agency of the | ||||||
3 | State which has been given custody or wardship of the child. If | ||||||
4 | it is consistent with the health, safety , and best interests | ||||||
5 | of the minor, the court may also prescribe shelter care and | ||||||
6 | order that the minor be kept in a suitable place designated by | ||||||
7 | the court or in a shelter care facility designated by the | ||||||
8 | Department of Children and Family Services or a licensed child | ||||||
9 | welfare agency; however, on and after January 1, 2015 (the | ||||||
10 | effective date of Public Act 98-803) and before January 1, | ||||||
11 | 2017, a minor charged with a criminal offense under the | ||||||
12 | Criminal Code of 1961 or the Criminal Code of 2012 or | ||||||
13 | adjudicated delinquent shall not be placed in the custody of | ||||||
14 | or committed to the Department of Children and Family Services | ||||||
15 | by any court, except a minor less than 16 years of age and | ||||||
16 | committed to the Department of Children and Family Services | ||||||
17 | under Section 5-710 of this Act or a minor for whom an | ||||||
18 | independent basis of abuse, neglect, or dependency exists; and | ||||||
19 | on and after January 1, 2017, a minor charged with a criminal | ||||||
20 | offense under the Criminal Code of 1961 or the Criminal Code of | ||||||
21 | 2012 or adjudicated delinquent shall not be placed in the | ||||||
22 | custody of or committed to the Department of Children and | ||||||
23 | Family Services by any court, except a minor less than 15 years | ||||||
24 | of age and committed to the Department of Children and Family | ||||||
25 | Services under Section 5-710 of this Act or a minor for whom an | ||||||
26 | independent basis of abuse, neglect, or dependency exists. An |
| |||||||
| |||||||
1 | independent basis exists when the allegations or adjudication | ||||||
2 | of abuse, neglect, or dependency do not arise from the same | ||||||
3 | facts, incident, or circumstances which give rise to a charge | ||||||
4 | or adjudication of delinquency. | ||||||
5 | In placing the minor, the Department or other agency | ||||||
6 | shall, to the extent compatible with the court's order, comply | ||||||
7 | with Section 7 of the Children and Family Services Act. In | ||||||
8 | determining the health, safety , and best interests of the | ||||||
9 | minor to prescribe shelter care, the court must find that it is | ||||||
10 | a matter of immediate and urgent necessity for the safety , and | ||||||
11 | protection of the minor or of the person or property of another | ||||||
12 | that the minor be placed in a shelter care facility or that the | ||||||
13 | minor is likely to flee the jurisdiction of the court, and must | ||||||
14 | further find that reasonable efforts have been made or that, | ||||||
15 | consistent with the health, safety and best interests of the | ||||||
16 | minor, no efforts reasonably can be made to prevent or | ||||||
17 | eliminate the necessity of removal of the minor from the | ||||||
18 | minor's home. The court shall require documentation from the | ||||||
19 | Department of Children and Family Services as to the | ||||||
20 | reasonable efforts that were made to prevent or eliminate the | ||||||
21 | necessity of removal of the minor from the minor's home or the | ||||||
22 | reasons why no efforts reasonably could be made to prevent or | ||||||
23 | eliminate the necessity of removal. When a minor is placed in | ||||||
24 | the home of a relative, the Department of Children and Family | ||||||
25 | Services shall complete a preliminary background review of the | ||||||
26 | members of the minor's custodian's household in accordance |
| |||||||
| |||||||
1 | with Section 4.3 of the Child Care Act of 1969 within 90 days | ||||||
2 | of that placement. If the minor is ordered placed in a shelter | ||||||
3 | care facility of the Department of Children and Family | ||||||
4 | Services or a licensed child welfare agency, the court shall, | ||||||
5 | upon request of the appropriate Department or other agency, | ||||||
6 | appoint the Department of Children and Family Services | ||||||
7 | Guardianship Administrator or other appropriate agency | ||||||
8 | executive temporary custodian of the minor and the court may | ||||||
9 | enter such other orders related to the temporary custody as it | ||||||
10 | deems fit and proper, including the provision of services to | ||||||
11 | the minor or the minor's family to ameliorate the causes | ||||||
12 | contributing to the finding of probable cause or to the | ||||||
13 | finding of the existence of immediate and urgent necessity. | ||||||
14 | Where the Department of Children and Family Services | ||||||
15 | Guardianship Administrator is appointed as the executive | ||||||
16 | temporary custodian, the Department of Children and Family | ||||||
17 | Services shall file with the court and serve on the parties a | ||||||
18 | parent-child visiting plan, within 10 days, excluding weekends | ||||||
19 | and holidays, after the appointment. The parent-child visiting | ||||||
20 | plan shall set out the time and place of visits, the frequency | ||||||
21 | of visits, the length of visits, who shall be present at the | ||||||
22 | visits, and where appropriate, the minor's opportunities to | ||||||
23 | have telephone and mail communication with the parents. | ||||||
24 | Where the Department of Children and Family Services | ||||||
25 | Guardianship Administrator is appointed as the executive | ||||||
26 | temporary custodian, and when the child has siblings in care, |
| |||||||
| |||||||
1 | the Department of Children and Family Services shall file with | ||||||
2 | the court and serve on the parties a sibling placement and | ||||||
3 | contact plan within 10 days, excluding weekends and holidays, | ||||||
4 | after the appointment. The sibling placement and contact plan | ||||||
5 | shall set forth whether the siblings are placed together, and | ||||||
6 | if they are not placed together, what, if any, efforts are | ||||||
7 | being made to place them together. If the Department has | ||||||
8 | determined that it is not in a child's best interest to be | ||||||
9 | placed with a sibling, the Department shall document in the | ||||||
10 | sibling placement and contact plan the basis for its | ||||||
11 | determination. For siblings placed separately, the sibling | ||||||
12 | placement and contact plan shall set the time and place for | ||||||
13 | visits, the frequency of the visits, the length of visits, who | ||||||
14 | shall be present for the visits, and where appropriate, the | ||||||
15 | child's opportunities to have contact with their siblings in | ||||||
16 | addition to in person contact. If the Department determines it | ||||||
17 | is not in the best interest of a sibling to have contact with a | ||||||
18 | sibling, the Department shall document in the sibling | ||||||
19 | placement and contact plan the basis for its determination. | ||||||
20 | The sibling placement and contact plan shall specify a date | ||||||
21 | for development of the Sibling Contact Support Plan, under | ||||||
22 | subsection (f) of Section 7.4 of the Children and Family | ||||||
23 | Services Act, and shall remain in effect until the Sibling | ||||||
24 | Contact Support Plan is developed. | ||||||
25 | For good cause, the court may waive the requirement to | ||||||
26 | file the parent-child visiting plan or the sibling placement |
| |||||||
| |||||||
1 | and contact plan, or extend the time for filing either plan. | ||||||
2 | Any party may, by motion, request the court to review the | ||||||
3 | parent-child visiting plan to determine whether it is | ||||||
4 | reasonably calculated to expeditiously facilitate the | ||||||
5 | achievement of the permanency goal. A party may, by motion, | ||||||
6 | request the court to review the parent-child visiting plan or | ||||||
7 | the sibling placement and contact plan to determine whether it | ||||||
8 | is consistent with the minor's best interest. The court may | ||||||
9 | refer the parties to mediation where available. The frequency, | ||||||
10 | duration, and locations of visitation shall be measured by the | ||||||
11 | needs of the child and family, and not by the convenience of | ||||||
12 | Department personnel. Child development principles shall be | ||||||
13 | considered by the court in its analysis of how frequent | ||||||
14 | visitation should be, how long it should last, where it should | ||||||
15 | take place, and who should be present. If upon motion of the | ||||||
16 | party to review either plan and after receiving evidence, the | ||||||
17 | court determines that the parent-child visiting plan is not | ||||||
18 | reasonably calculated to expeditiously facilitate the | ||||||
19 | achievement of the permanency goal or that the restrictions | ||||||
20 | placed on parent-child contact or sibling placement or contact | ||||||
21 | are contrary to the child's best interests, the court shall | ||||||
22 | put in writing the factual basis supporting the determination | ||||||
23 | and enter specific findings based on the evidence. The court | ||||||
24 | shall enter an order for the Department to implement changes | ||||||
25 | to the parent-child visiting plan or sibling placement or | ||||||
26 | contact plan, consistent with the court's findings. At any |
| |||||||
| |||||||
1 | stage of proceeding, any party may by motion request the court | ||||||
2 | to enter any orders necessary to implement the parent-child | ||||||
3 | visiting plan, sibling placement or contact plan , or | ||||||
4 | subsequently developed Sibling Contact Support Plan. Nothing | ||||||
5 | under this subsection (2) shall restrict the court from | ||||||
6 | granting discretionary authority to the Department to increase | ||||||
7 | opportunities for additional parent-child contacts or sibling | ||||||
8 | contacts, without further court orders. Nothing in this | ||||||
9 | subsection (2) shall restrict the Department from immediately | ||||||
10 | restricting or terminating parent-child contact or sibling | ||||||
11 | contacts, without either amending the parent-child visiting | ||||||
12 | plan or the sibling contact plan or obtaining a court order, | ||||||
13 | where the Department or its assigns reasonably believe there | ||||||
14 | is an immediate need to protect the child's health, safety, | ||||||
15 | and welfare. Such restrictions or terminations must be based | ||||||
16 | on available facts to the Department and its assigns when | ||||||
17 | viewed in light of the surrounding circumstances and shall | ||||||
18 | only occur on an individual case-by-case basis. The Department | ||||||
19 | shall file with the court and serve on the parties any | ||||||
20 | amendments to the plan within 10 days, excluding weekends and | ||||||
21 | holidays, of the change of the visitation. | ||||||
22 | Acceptance of services shall not be considered an | ||||||
23 | admission of any allegation in a petition made pursuant to | ||||||
24 | this Act, nor may a referral of services be considered as | ||||||
25 | evidence in any proceeding pursuant to this Act, except where | ||||||
26 | the issue is whether the Department has made reasonable |
| |||||||
| |||||||
1 | efforts to reunite the family. In making its findings that it | ||||||
2 | is consistent with the health, safety , and best interests of | ||||||
3 | the minor to prescribe shelter care, the court shall state in | ||||||
4 | writing (i) the factual basis supporting its findings | ||||||
5 | concerning the immediate and urgent necessity for the | ||||||
6 | protection of the minor or of the person or property of another | ||||||
7 | and (ii) the factual basis supporting its findings that | ||||||
8 | reasonable efforts were made to prevent or eliminate the | ||||||
9 | removal of the minor from the minor's home or that no efforts | ||||||
10 | reasonably could be made to prevent or eliminate the removal | ||||||
11 | of the minor from the minor's home. The parents, guardian, | ||||||
12 | custodian, temporary custodian , and minor shall each be | ||||||
13 | furnished a copy of such written findings. The temporary | ||||||
14 | custodian shall maintain a copy of the court order and written | ||||||
15 | findings in the case record for the child. The order together | ||||||
16 | with the court's findings of fact in support thereof shall be | ||||||
17 | entered of record in the court. | ||||||
18 | Once the court finds that it is a matter of immediate and | ||||||
19 | urgent necessity for the protection of the minor that the | ||||||
20 | minor be placed in a shelter care facility, the minor shall not | ||||||
21 | be returned to the parent, custodian , or guardian until the | ||||||
22 | court finds that such placement is no longer necessary for the | ||||||
23 | protection of the minor. | ||||||
24 | If the child is placed in the temporary custody of the | ||||||
25 | Department of Children and Family Services for the minor's | ||||||
26 | protection, the court shall admonish the parents, guardian, |
| |||||||
| |||||||
1 | custodian , or responsible relative that the parents must | ||||||
2 | cooperate with the Department of Children and Family Services, | ||||||
3 | comply with the terms of the service plans, and correct the | ||||||
4 | conditions which require the child to be in care, or risk | ||||||
5 | termination of their parental rights. The court shall ensure, | ||||||
6 | by inquiring in open court of each parent, guardian, | ||||||
7 | custodian , or responsible relative, that the parent, guardian, | ||||||
8 | custodian , or responsible relative has had the opportunity to | ||||||
9 | provide the Department with all known names, addresses, and | ||||||
10 | telephone numbers of each of the minor's living adult | ||||||
11 | relatives, including, but not limited to, grandparents, | ||||||
12 | siblings of the minor's parents, and siblings. The court shall | ||||||
13 | advise the parents, guardian, custodian , or responsible | ||||||
14 | relative to inform the Department if additional information | ||||||
15 | regarding the minor's adult relatives becomes available. | ||||||
16 | (3) If prior to the shelter care hearing for a minor | ||||||
17 | described in Sections 2-3, 2-4, 3-3 , and 4-3 the moving party | ||||||
18 | is unable to serve notice on the party respondent, the shelter | ||||||
19 | care hearing may proceed ex parte. A shelter care order from an | ||||||
20 | ex parte hearing shall be endorsed with the date and hour of | ||||||
21 | issuance and shall be filed with the clerk's office and | ||||||
22 | entered of record. The order shall expire after 10 days from | ||||||
23 | the time it is issued unless before its expiration it is | ||||||
24 | renewed, at a hearing upon appearance of the party respondent, | ||||||
25 | or upon an affidavit of the moving party as to all diligent | ||||||
26 | efforts to notify the party respondent by notice as herein |
| |||||||
| |||||||
1 | prescribed. The notice prescribed shall be in writing and | ||||||
2 | shall be personally delivered to the minor or the minor's | ||||||
3 | attorney and to the last known address of the other person or | ||||||
4 | persons entitled to notice. The notice shall also state the | ||||||
5 | nature of the allegations, the nature of the order sought by | ||||||
6 | the State, including whether temporary custody is sought, and | ||||||
7 | the consequences of failure to appear and shall contain a | ||||||
8 | notice that the parties will not be entitled to further | ||||||
9 | written notices or publication notices of proceedings in this | ||||||
10 | case, including the filing of an amended petition or a motion | ||||||
11 | to terminate parental rights, except as required by Supreme | ||||||
12 | Court Rule 11; and shall explain the right of the parties and | ||||||
13 | the procedures to vacate or modify a shelter care order as | ||||||
14 | provided in this Section. The notice for a shelter care | ||||||
15 | hearing shall be substantially as follows: | ||||||
16 | NOTICE TO PARENTS AND CHILDREN | ||||||
17 | OF SHELTER CARE HEARING | ||||||
18 | On ................ at ........., before the Honorable | ||||||
19 | ................, (address:) ................., the State | ||||||
20 | of Illinois will present evidence (1) that (name of child | ||||||
21 | or children) ....................... are abused, | ||||||
22 | neglected , or dependent for the following reasons: | ||||||
23 | .............................................. and (2) | ||||||
24 | whether there is "immediate and urgent necessity" to | ||||||
25 | remove the child or children from the responsible | ||||||
26 | relative. |
| |||||||
| |||||||
1 | YOUR FAILURE TO APPEAR AT THE HEARING MAY RESULT IN | ||||||
2 | PLACEMENT of the child or children in foster care until a | ||||||
3 | trial can be held. A trial may not be held for up to 90 | ||||||
4 | days. You will not be entitled to further notices of | ||||||
5 | proceedings in this case, including the filing of an | ||||||
6 | amended petition or a motion to terminate parental rights. | ||||||
7 | At the shelter care hearing, parents have the | ||||||
8 | following rights: | ||||||
9 | 1. To ask the court to appoint a lawyer if they | ||||||
10 | cannot afford one. | ||||||
11 | 2. To ask the court to continue the hearing to | ||||||
12 | allow them time to prepare. | ||||||
13 | 3. To present evidence concerning: | ||||||
14 | a. Whether or not the child or children were | ||||||
15 | abused, neglected or dependent. | ||||||
16 | b. Whether or not there is "immediate and | ||||||
17 | urgent necessity" to remove the child from home | ||||||
18 | (including: their ability to care for the child, | ||||||
19 | conditions in the home, alternative means of | ||||||
20 | protecting the child other than removal). | ||||||
21 | c. The best interests of the child. | ||||||
22 | 4. To cross examine the State's witnesses.
| ||||||
23 | The Notice for rehearings shall be substantially as | ||||||
24 | follows: | ||||||
25 | NOTICE OF PARENT'S AND CHILDREN'S RIGHTS |
| |||||||
| |||||||
1 | TO REHEARING ON TEMPORARY CUSTODY | ||||||
2 | If you were not present at and did not have adequate | ||||||
3 | notice of the Shelter Care Hearing at which temporary | ||||||
4 | custody of ............... was awarded to | ||||||
5 | ................, you have the right to request a full | ||||||
6 | rehearing on whether the State should have temporary | ||||||
7 | custody of ................. To request this rehearing, | ||||||
8 | you must file with the Clerk of the Juvenile Court | ||||||
9 | (address): ........................, in person or by | ||||||
10 | mailing a statement (affidavit) setting forth the | ||||||
11 | following: | ||||||
12 | 1. That you were not present at the shelter care | ||||||
13 | hearing. | ||||||
14 | 2. That you did not get adequate notice | ||||||
15 | (explaining how the notice was inadequate). | ||||||
16 | 3. Your signature. | ||||||
17 | 4. Signature must be notarized. | ||||||
18 | The rehearing should be scheduled within 48 hours of | ||||||
19 | your filing this affidavit. | ||||||
20 | At the rehearing, your rights are the same as at the | ||||||
21 | initial shelter care hearing. The enclosed notice explains | ||||||
22 | those rights. | ||||||
23 | At the Shelter Care Hearing, children have the | ||||||
24 | following rights: | ||||||
25 | 1. To have a guardian ad litem appointed. | ||||||
26 | 2. To be declared competent as a witness and to |
| |||||||
| |||||||
1 | present testimony concerning: | ||||||
2 | a. Whether they are abused, neglected or | ||||||
3 | dependent. | ||||||
4 | b. Whether there is "immediate and urgent | ||||||
5 | necessity" to be removed from home. | ||||||
6 | c. Their best interests. | ||||||
7 | 3. To cross examine witnesses for other parties. | ||||||
8 | 4. To obtain an explanation of any proceedings and | ||||||
9 | orders of the court. | ||||||
10 | (4) If the parent, guardian, legal custodian, responsible | ||||||
11 | relative, minor age 8 or over, or counsel of the minor did not | ||||||
12 | have actual notice of or was not present at the shelter care | ||||||
13 | hearing, the parent, guardian, legal custodian, responsible | ||||||
14 | relative, minor age 8 or over, or counsel of the minor may file | ||||||
15 | an affidavit setting forth these facts, and the clerk shall | ||||||
16 | set the matter for rehearing not later than 48 hours, | ||||||
17 | excluding Sundays and legal holidays, after the filing of the | ||||||
18 | affidavit. At the rehearing, the court shall proceed in the | ||||||
19 | same manner as upon the original hearing. | ||||||
20 | (5) Only when there is reasonable cause to believe that | ||||||
21 | the minor taken into custody is a person described in | ||||||
22 | subsection (3) of Section 5-105 may the minor be kept or | ||||||
23 | detained in a detention home or county or municipal jail. This | ||||||
24 | Section shall in no way be construed to limit subsection (6). | ||||||
25 | (6) No minor under 16 years of age may be confined in a | ||||||
26 | jail or place ordinarily used for the confinement of prisoners |
| |||||||
| |||||||
1 | in a police station. Minors under 18 years of age must be kept | ||||||
2 | separate from confined adults and may not at any time be kept | ||||||
3 | in the same cell, room, or yard with adults confined pursuant | ||||||
4 | to the criminal law. | ||||||
5 | (7) If the minor is not brought before a judicial officer | ||||||
6 | within the time period as specified in Section 2-9, the minor | ||||||
7 | must immediately be released from custody. | ||||||
8 | (8) If neither the parent, guardian , or custodian appears | ||||||
9 | within 24 hours to take custody of a minor released upon | ||||||
10 | request pursuant to subsection (2) of this Section, then the | ||||||
11 | clerk of the court shall set the matter for rehearing not later | ||||||
12 | than 7 days after the original order and shall issue a summons | ||||||
13 | directed to the parent, guardian , or custodian to appear. At | ||||||
14 | the same time the probation department shall prepare a report | ||||||
15 | on the minor. If a parent, guardian , or custodian does not | ||||||
16 | appear at such rehearing, the judge may enter an order | ||||||
17 | prescribing that the minor be kept in a suitable place | ||||||
18 | designated by the Department of Children and Family Services | ||||||
19 | or a licensed child welfare agency. | ||||||
20 | (9) Notwithstanding any other provision of this Section | ||||||
21 | any interested party, including the State, the temporary | ||||||
22 | custodian, an agency providing services to the minor or family | ||||||
23 | under a service plan pursuant to Section 8.2 of the Abused and | ||||||
24 | Neglected Child Reporting Act, foster parent, or any of their | ||||||
25 | representatives, on notice to all parties entitled to notice, | ||||||
26 | may file a motion that it is in the best interests of the minor |
| |||||||
| |||||||
1 | to modify or vacate a temporary custody order on any of the | ||||||
2 | following grounds: | ||||||
3 | (a) It is no longer a matter of immediate and urgent | ||||||
4 | necessity that the minor remain in shelter care; or | ||||||
5 | (b) There is a material change in the circumstances of | ||||||
6 | the natural family from which the minor was removed and | ||||||
7 | the child can be cared for at home without endangering the | ||||||
8 | child's health or safety; or | ||||||
9 | (c) A person not a party to the alleged abuse, neglect | ||||||
10 | or dependency, including a parent, relative , or legal | ||||||
11 | guardian, is capable of assuming temporary custody of the | ||||||
12 | minor; or | ||||||
13 | (d) Services provided by the Department of Children | ||||||
14 | and Family Services or a child welfare agency or other | ||||||
15 | service provider have been successful in eliminating the | ||||||
16 | need for temporary custody and the child can be cared for | ||||||
17 | at home without endangering the child's health or safety. | ||||||
18 | In ruling on the motion, the court shall determine whether | ||||||
19 | it is consistent with the health, safety , and best interests | ||||||
20 | of the minor to modify or vacate a temporary custody order. If | ||||||
21 | the minor is being restored to the custody of a parent, legal | ||||||
22 | custodian, or guardian who lives outside of Illinois, and an | ||||||
23 | Interstate Compact has been requested and refused, the court | ||||||
24 | may order the Department of Children and Family Services to | ||||||
25 | arrange for an assessment of the minor's proposed living | ||||||
26 | arrangement and for ongoing monitoring of the health, safety, |
| |||||||
| |||||||
1 | and best interest of the minor and compliance with any order of | ||||||
2 | protective supervision entered in accordance with Section 2-20 | ||||||
3 | or 2-25. | ||||||
4 | The clerk shall set the matter for hearing not later than | ||||||
5 | 14 days after such motion is filed. In the event that the court | ||||||
6 | modifies or vacates a temporary custody order but does not | ||||||
7 | vacate its finding of probable cause, the court may order that | ||||||
8 | appropriate services be continued or initiated in behalf of | ||||||
9 | the minor and the minor's family. | ||||||
10 | (10) When the court finds or has found that there is | ||||||
11 | probable cause to believe a minor is an abused minor as | ||||||
12 | described in subsection (2) of Section 2-3 and that there is an | ||||||
13 | immediate and urgent necessity for the abused minor to be | ||||||
14 | placed in shelter care, immediate and urgent necessity shall | ||||||
15 | be presumed for any other minor residing in the same household | ||||||
16 | as the abused minor provided: | ||||||
17 | (a) Such other minor is the subject of an abuse or | ||||||
18 | neglect petition pending before the court; and | ||||||
19 | (b) A party to the petition is seeking shelter care | ||||||
20 | for such other minor. | ||||||
21 | Once the presumption of immediate and urgent necessity has | ||||||
22 | been raised, the burden of demonstrating the lack of immediate | ||||||
23 | and urgent necessity shall be on any party that is opposing | ||||||
24 | shelter care for the other minor. | ||||||
25 | (11) The changes made to this Section by Public Act 98-61 | ||||||
26 | apply to a minor who has been arrested or taken into custody on |
| |||||||
| |||||||
1 | or after January 1, 2014 (the effective date of Public Act | ||||||
2 | 98-61). | ||||||
3 | (12) After the court has placed a minor in the care of a | ||||||
4 | temporary custodian pursuant to this Section, any party may | ||||||
5 | file a motion requesting the court to grant the temporary | ||||||
6 | custodian the authority to serve as a surrogate decision maker | ||||||
7 | for the minor under the Health Care Surrogate Act for purposes | ||||||
8 | of making decisions pursuant to paragraph (1) of subsection | ||||||
9 | (b) of Section 20 of the Health Care Surrogate Act. The court | ||||||
10 | may grant the motion if it determines by clear and convincing | ||||||
11 | evidence that it is in the best interests of the minor to grant | ||||||
12 | the temporary custodian such authority. In making its | ||||||
13 | determination, the court shall weigh the following factors in | ||||||
14 | addition to considering the best interests factors listed in | ||||||
15 | subsection (4.05) of Section 1-3 of this Act: | ||||||
16 | (a) the efforts to identify and locate the respondents | ||||||
17 | and adult family members of the minor and the results of | ||||||
18 | those efforts; | ||||||
19 | (b) the efforts to engage the respondents and adult | ||||||
20 | family members of the minor in decision making on behalf | ||||||
21 | of the minor; | ||||||
22 | (c) the length of time the efforts in paragraphs (a) | ||||||
23 | and (b) have been ongoing; | ||||||
24 | (d) the relationship between the respondents and adult | ||||||
25 | family members and the minor; | ||||||
26 | (e) medical testimony regarding the extent to which |
| |||||||
| |||||||
1 | the minor is suffering and the impact of a delay in | ||||||
2 | decision-making on the minor; and | ||||||
3 | (f) any other factor the court deems relevant. | ||||||
4 | If the Department of Children and Family Services is the | ||||||
5 | temporary custodian of the minor, in addition to the | ||||||
6 | requirements of paragraph (1) of subsection (b) of Section 20 | ||||||
7 | of the Health Care Surrogate Act, the Department shall follow | ||||||
8 | its rules and procedures in exercising authority granted under | ||||||
9 | this subsection. | ||||||
10 | (Source: P.A. 102-489, eff. 8-20-21; 102-502, eff. 1-1-22; | ||||||
11 | 102-813, eff. 5-13-22; 103-22, eff. 8-8-23; revised 9-20-23.)
| ||||||
12 | (705 ILCS 405/2-20) (from Ch. 37, par. 802-20) | ||||||
13 | Sec. 2-20. Continuance under supervision. | ||||||
14 | (1) The court may enter an order of continuance under | ||||||
15 | supervision : (a) upon an admission or stipulation by the | ||||||
16 | appropriate respondent or minor respondent of the facts | ||||||
17 | supporting the petition and before proceeding to findings and | ||||||
18 | adjudication, or after hearing the evidence at the | ||||||
19 | adjudicatory hearing but before noting in the minutes of | ||||||
20 | proceeding a finding of whether or not the minor is abused, | ||||||
21 | neglected or dependent; and (b) in the absence of objection | ||||||
22 | made in open court by the minor, the minor's parent, guardian, | ||||||
23 | custodian, responsible relative, or defense attorney , or the | ||||||
24 | State's Attorney. | ||||||
25 | (2) If the minor, the minor's parent, guardian, custodian, |
| |||||||
| |||||||
1 | responsible relative, or defense attorney , or the State's | ||||||
2 | Attorney, objects in open court to any such continuance and | ||||||
3 | insists upon proceeding to findings and adjudication, the | ||||||
4 | court shall so proceed. | ||||||
5 | (3) Nothing in this Section limits the power of the court | ||||||
6 | to order a continuance of the hearing for the production of | ||||||
7 | additional evidence or for any other proper reason. | ||||||
8 | (4) When a hearing where a minor is alleged to be abused, | ||||||
9 | neglected or dependent is continued pursuant to this Section, | ||||||
10 | the court may permit the minor to remain in the minor's home if | ||||||
11 | the court determines and makes written factual findings that | ||||||
12 | the minor can be cared for at home when consistent with the | ||||||
13 | minor's health, safety, and best interests, subject to such | ||||||
14 | conditions concerning the minor's conduct and supervision as | ||||||
15 | the court may require by order. | ||||||
16 | (5) If a petition is filed charging a violation of a | ||||||
17 | condition of the continuance under supervision, the court | ||||||
18 | shall conduct a hearing. If the court finds that such | ||||||
19 | condition of supervision has not been fulfilled the court may | ||||||
20 | proceed to findings and adjudication and disposition. The | ||||||
21 | filing of a petition for violation of a condition of the | ||||||
22 | continuance under supervision shall toll the period of | ||||||
23 | continuance under supervision until the final determination of | ||||||
24 | the charge, and the term of the continuance under supervision | ||||||
25 | shall not run until the hearing and disposition of the | ||||||
26 | petition for violation; provided where the petition alleges |
| |||||||
| |||||||
1 | conduct that does not constitute a criminal offense, the | ||||||
2 | hearing must be held within 15 days of the filing of the | ||||||
3 | petition unless a delay in such hearing has been occasioned by | ||||||
4 | the minor, in which case the delay shall continue the tolling | ||||||
5 | of the period of continuance under supervision for the period | ||||||
6 | of such delay. | ||||||
7 | (Source: P.A. 103-22, eff. 8-8-23; revised 9-20-23.)
| ||||||
8 | (705 ILCS 405/2-28) | ||||||
9 | Sec. 2-28. Court review. | ||||||
10 | (1) The court may require any legal custodian or guardian | ||||||
11 | of the person appointed under this Act to report periodically | ||||||
12 | to the court or may cite the legal custodian or guardian into | ||||||
13 | court and require the legal custodian, guardian, or the legal | ||||||
14 | custodian's or guardian's agency to make a full and accurate | ||||||
15 | report of the doings of the legal custodian, guardian, or | ||||||
16 | agency on behalf of the minor. The custodian or guardian, | ||||||
17 | within 10 days after such citation, or earlier if the court | ||||||
18 | determines it to be necessary to protect the health, safety, | ||||||
19 | or welfare of the minor, shall make the report, either in | ||||||
20 | writing verified by affidavit or orally under oath in open | ||||||
21 | court, or otherwise as the court directs. Upon the hearing of | ||||||
22 | the report the court may remove the custodian or guardian and | ||||||
23 | appoint another in the custodian's or guardian's stead or | ||||||
24 | restore the minor to the custody of the minor's parents or | ||||||
25 | former guardian or custodian. However, custody of the minor |
| |||||||
| |||||||
1 | shall not be restored to any parent, guardian, or legal | ||||||
2 | custodian in any case in which the minor is found to be | ||||||
3 | neglected or abused under Section 2-3 or dependent under | ||||||
4 | Section 2-4 of this Act, unless the minor can be cared for at | ||||||
5 | home without endangering the minor's health or safety and it | ||||||
6 | is in the best interests of the minor, and if such neglect, | ||||||
7 | abuse, or dependency is found by the court under paragraph (1) | ||||||
8 | of Section 2-21 of this Act to have come about due to the acts | ||||||
9 | or omissions or both of such parent, guardian, or legal | ||||||
10 | custodian, until such time as an investigation is made as | ||||||
11 | provided in paragraph (5) and a hearing is held on the issue of | ||||||
12 | the fitness of such parent, guardian, or legal custodian to | ||||||
13 | care for the minor and the court enters an order that such | ||||||
14 | parent, guardian, or legal custodian is fit to care for the | ||||||
15 | minor. | ||||||
16 | (1.5) The public agency that is the custodian or guardian | ||||||
17 | of the minor shall file a written report with the court no | ||||||
18 | later than 15 days after a minor in the agency's care remains: | ||||||
19 | (1) in a shelter placement beyond 30 days; | ||||||
20 | (2) in a psychiatric hospital past the time when the | ||||||
21 | minor is clinically ready for discharge or beyond medical | ||||||
22 | necessity for the minor's health; or | ||||||
23 | (3) in a detention center or Department of Juvenile | ||||||
24 | Justice facility solely because the public agency cannot | ||||||
25 | find an appropriate placement for the minor. | ||||||
26 | The report shall explain the steps the agency is taking to |
| |||||||
| |||||||
1 | ensure the minor is placed appropriately, how the minor's | ||||||
2 | needs are being met in the minor's shelter placement, and if a | ||||||
3 | future placement has been identified by the Department, why | ||||||
4 | the anticipated placement is appropriate for the needs of the | ||||||
5 | minor and the anticipated placement date. | ||||||
6 | (1.6) Within 30 days after placing a child in its care in a | ||||||
7 | qualified residential treatment program, as defined by the | ||||||
8 | federal Social Security Act, the Department of Children and | ||||||
9 | Family Services shall prepare a written report for filing with | ||||||
10 | the court and send copies of the report to all parties. Within | ||||||
11 | 20 days of the filing of the report, or as soon thereafter as | ||||||
12 | the court's schedule allows but not more than 60 days from the | ||||||
13 | date of placement, the court shall hold a hearing to consider | ||||||
14 | the Department's report and determine whether placement of the | ||||||
15 | child in a qualified residential treatment program provides | ||||||
16 | the most effective and appropriate level of care for the child | ||||||
17 | in the least restrictive environment and if the placement is | ||||||
18 | consistent with the short-term and long-term goals for the | ||||||
19 | child, as specified in the permanency plan for the child. The | ||||||
20 | court shall approve or disapprove the placement. If | ||||||
21 | applicable, the requirements of Sections 2-27.1 and 2-27.2 | ||||||
22 | must also be met. The Department's written report and the | ||||||
23 | court's written determination shall be included in and made | ||||||
24 | part of the case plan for the child. If the child remains | ||||||
25 | placed in a qualified residential treatment program, the | ||||||
26 | Department shall submit evidence at each status and permanency |
| |||||||
| |||||||
1 | hearing: | ||||||
2 | (1) demonstrating that on-going assessment of the | ||||||
3 | strengths and needs of the child continues to support the | ||||||
4 | determination that the child's needs cannot be met through | ||||||
5 | placement in a foster family home, that the placement | ||||||
6 | provides the most effective and appropriate level of care | ||||||
7 | for the child in the least restrictive, appropriate | ||||||
8 | environment, and that the placement is consistent with the | ||||||
9 | short-term and long-term permanency goal for the child, as | ||||||
10 | specified in the permanency plan for the child; | ||||||
11 | (2) documenting the specific treatment or service | ||||||
12 | needs that should be met for the child in the placement and | ||||||
13 | the length of time the child is expected to need the | ||||||
14 | treatment or services; and | ||||||
15 | (3) the efforts made by the agency to prepare the | ||||||
16 | child to return home or to be placed with a fit and willing | ||||||
17 | relative, a legal guardian, or an adoptive parent, or in a | ||||||
18 | foster family home. | ||||||
19 | (2) The first permanency hearing shall be conducted by the | ||||||
20 | judge. Subsequent permanency hearings may be heard by a judge | ||||||
21 | or by hearing officers appointed or approved by the court in | ||||||
22 | the manner set forth in Section 2-28.1 of this Act. The initial | ||||||
23 | hearing shall be held (a) within 12 months from the date | ||||||
24 | temporary custody was taken, regardless of whether an | ||||||
25 | adjudication or dispositional hearing has been completed | ||||||
26 | within that time frame, (b) if the parental rights of both |
| |||||||
| |||||||
1 | parents have been terminated in accordance with the procedure | ||||||
2 | described in subsection (5) of Section 2-21, within 30 days of | ||||||
3 | the order for termination of parental rights and appointment | ||||||
4 | of a guardian with power to consent to adoption, or (c) in | ||||||
5 | accordance with subsection (2) of Section 2-13.1. Subsequent | ||||||
6 | permanency hearings shall be held every 6 months or more | ||||||
7 | frequently if necessary in the court's determination following | ||||||
8 | the initial permanency hearing, in accordance with the | ||||||
9 | standards set forth in this Section, until the court | ||||||
10 | determines that the plan and goal have been achieved. Once the | ||||||
11 | plan and goal have been achieved, if the minor remains in | ||||||
12 | substitute care, the case shall be reviewed at least every 6 | ||||||
13 | months thereafter, subject to the provisions of this Section, | ||||||
14 | unless the minor is placed in the guardianship of a suitable | ||||||
15 | relative or other person and the court determines that further | ||||||
16 | monitoring by the court does not further the health, safety, | ||||||
17 | or best interest of the child and that this is a stable | ||||||
18 | permanent placement. The permanency hearings must occur within | ||||||
19 | the time frames set forth in this subsection and may not be | ||||||
20 | delayed in anticipation of a report from any source or due to | ||||||
21 | the agency's failure to timely file its written report (this | ||||||
22 | written report means the one required under the next paragraph | ||||||
23 | and does not mean the service plan also referred to in that | ||||||
24 | paragraph). | ||||||
25 | The public agency that is the custodian or guardian of the | ||||||
26 | minor, or another agency responsible for the minor's care, |
| |||||||
| |||||||
1 | shall ensure that all parties to the permanency hearings are | ||||||
2 | provided a copy of the most recent service plan prepared | ||||||
3 | within the prior 6 months at least 14 days in advance of the | ||||||
4 | hearing. If not contained in the agency's service plan, the | ||||||
5 | agency shall also include a report setting forth (i) any | ||||||
6 | special physical, psychological, educational, medical, | ||||||
7 | emotional, or other needs of the minor or the minor's family | ||||||
8 | that are relevant to a permanency or placement determination | ||||||
9 | and (ii) for any minor age 16 or over, a written description of | ||||||
10 | the programs and services that will enable the minor to | ||||||
11 | prepare for independent living. If not contained in the | ||||||
12 | agency's service plan, the agency's report shall specify if a | ||||||
13 | minor is placed in a licensed child care facility under a | ||||||
14 | corrective plan by the Department due to concerns impacting | ||||||
15 | the minor's safety and well-being. The report shall explain | ||||||
16 | the steps the Department is taking to ensure the safety and | ||||||
17 | well-being of the minor and that the minor's needs are met in | ||||||
18 | the facility. The agency's written report must detail what | ||||||
19 | progress or lack of progress the parent has made in correcting | ||||||
20 | the conditions requiring the child to be in care; whether the | ||||||
21 | child can be returned home without jeopardizing the child's | ||||||
22 | health, safety, and welfare, and , if not, what permanency goal | ||||||
23 | is recommended to be in the best interests of the child, and | ||||||
24 | why the other permanency goals are not appropriate. The | ||||||
25 | caseworker must appear and testify at the permanency hearing. | ||||||
26 | If a permanency hearing has not previously been scheduled by |
| |||||||
| |||||||
1 | the court, the moving party shall move for the setting of a | ||||||
2 | permanency hearing and the entry of an order within the time | ||||||
3 | frames set forth in this subsection. | ||||||
4 | At the permanency hearing, the court shall determine the | ||||||
5 | future status of the child. The court shall set one of the | ||||||
6 | following permanency goals: | ||||||
7 | (A) The minor will be returned home by a specific date | ||||||
8 | within 5 months. | ||||||
9 | (B) The minor will be in short-term care with a | ||||||
10 | continued goal to return home within a period not to | ||||||
11 | exceed one year, where the progress of the parent or | ||||||
12 | parents is substantial giving particular consideration to | ||||||
13 | the age and individual needs of the minor. | ||||||
14 | (B-1) The minor will be in short-term care with a | ||||||
15 | continued goal to return home pending a status hearing. | ||||||
16 | When the court finds that a parent has not made reasonable | ||||||
17 | efforts or reasonable progress to date, the court shall | ||||||
18 | identify what actions the parent and the Department must | ||||||
19 | take in order to justify a finding of reasonable efforts | ||||||
20 | or reasonable progress and shall set a status hearing to | ||||||
21 | be held not earlier than 9 months from the date of | ||||||
22 | adjudication nor later than 11 months from the date of | ||||||
23 | adjudication during which the parent's progress will again | ||||||
24 | be reviewed. | ||||||
25 | (C) The minor will be in substitute care pending court | ||||||
26 | determination on termination of parental rights. |
| |||||||
| |||||||
1 | (D) Adoption, provided that parental rights have been | ||||||
2 | terminated or relinquished. | ||||||
3 | (E) The guardianship of the minor will be transferred | ||||||
4 | to an individual or couple on a permanent basis provided | ||||||
5 | that goals (A) through (D) have been deemed inappropriate | ||||||
6 | and not in the child's best interests. The court shall | ||||||
7 | confirm that the Department has discussed adoption, if | ||||||
8 | appropriate, and guardianship with the caregiver prior to | ||||||
9 | changing a goal to guardianship. | ||||||
10 | (F) The minor over age 15 will be in substitute care | ||||||
11 | pending independence. In selecting this permanency goal, | ||||||
12 | the Department of Children and Family Services may provide | ||||||
13 | services to enable reunification and to strengthen the | ||||||
14 | minor's connections with family, fictive kin, and other | ||||||
15 | responsible adults, provided the services are in the | ||||||
16 | minor's best interest. The services shall be documented in | ||||||
17 | the service plan. | ||||||
18 | (G) The minor will be in substitute care because the | ||||||
19 | minor cannot be provided for in a home environment due to | ||||||
20 | developmental disabilities or mental illness or because | ||||||
21 | the minor is a danger to self or others, provided that | ||||||
22 | goals (A) through (D) have been deemed inappropriate and | ||||||
23 | not in the child's best interests. | ||||||
24 | In selecting any permanency goal, the court shall indicate | ||||||
25 | in writing the reasons the goal was selected and why the | ||||||
26 | preceding goals were deemed inappropriate and not in the |
| |||||||
| |||||||
1 | child's best interest. Where the court has selected a | ||||||
2 | permanency goal other than (A), (B), or (B-1), the Department | ||||||
3 | of Children and Family Services shall not provide further | ||||||
4 | reunification services, except as provided in paragraph (F) of | ||||||
5 | this subsection (2), but shall provide services consistent | ||||||
6 | with the goal selected. | ||||||
7 | (H) Notwithstanding any other provision in this | ||||||
8 | Section, the court may select the goal of continuing | ||||||
9 | foster care as a permanency goal if: | ||||||
10 | (1) The Department of Children and Family Services | ||||||
11 | has custody and guardianship of the minor; | ||||||
12 | (2) The court has deemed all other permanency | ||||||
13 | goals inappropriate based on the child's best | ||||||
14 | interest; | ||||||
15 | (3) The court has found compelling reasons, based | ||||||
16 | on written documentation reviewed by the court, to | ||||||
17 | place the minor in continuing foster care. Compelling | ||||||
18 | reasons include: | ||||||
19 | (a) the child does not wish to be adopted or to | ||||||
20 | be placed in the guardianship of the minor's | ||||||
21 | relative or foster care placement; | ||||||
22 | (b) the child exhibits an extreme level of | ||||||
23 | need such that the removal of the child from the | ||||||
24 | minor's placement would be detrimental to the | ||||||
25 | child; or | ||||||
26 | (c) the child who is the subject of the |
| |||||||
| |||||||
1 | permanency hearing has existing close and strong | ||||||
2 | bonds with a sibling, and achievement of another | ||||||
3 | permanency goal would substantially interfere with | ||||||
4 | the subject child's sibling relationship, taking | ||||||
5 | into consideration the nature and extent of the | ||||||
6 | relationship, and whether ongoing contact is in | ||||||
7 | the subject child's best interest, including | ||||||
8 | long-term emotional interest, as compared with the | ||||||
9 | legal and emotional benefit of permanence; | ||||||
10 | (4) The child has lived with the relative or | ||||||
11 | foster parent for at least one year; and | ||||||
12 | (5) The relative or foster parent currently caring | ||||||
13 | for the child is willing and capable of providing the | ||||||
14 | child with a stable and permanent environment. | ||||||
15 | The court shall set a permanency goal that is in the best | ||||||
16 | interest of the child. In determining that goal, the court | ||||||
17 | shall consult with the minor in an age-appropriate manner | ||||||
18 | regarding the proposed permanency or transition plan for the | ||||||
19 | minor. The court's determination shall include the following | ||||||
20 | factors: | ||||||
21 | (1) Age of the child. | ||||||
22 | (2) Options available for permanence, including both | ||||||
23 | out-of-state and in-state placement options. | ||||||
24 | (3) Current placement of the child and the intent of | ||||||
25 | the family regarding adoption. | ||||||
26 | (4) Emotional, physical, and mental status or |
| |||||||
| |||||||
1 | condition of the child. | ||||||
2 | (5) Types of services previously offered and whether | ||||||
3 | or not the services were successful and, if not | ||||||
4 | successful, the reasons the services failed. | ||||||
5 | (6) Availability of services currently needed and | ||||||
6 | whether the services exist. | ||||||
7 | (7) Status of siblings of the minor. | ||||||
8 | The court shall consider (i) the permanency goal contained | ||||||
9 | in the service plan, (ii) the appropriateness of the services | ||||||
10 | contained in the plan and whether those services have been | ||||||
11 | provided, (iii) whether reasonable efforts have been made by | ||||||
12 | all the parties to the service plan to achieve the goal, and | ||||||
13 | (iv) whether the plan and goal have been achieved. All | ||||||
14 | evidence relevant to determining these questions, including | ||||||
15 | oral and written reports, may be admitted and may be relied on | ||||||
16 | to the extent of their probative value. | ||||||
17 | The court shall make findings as to whether, in violation | ||||||
18 | of Section 8.2 of the Abused and Neglected Child Reporting | ||||||
19 | Act, any portion of the service plan compels a child or parent | ||||||
20 | to engage in any activity or refrain from any activity that is | ||||||
21 | not reasonably related to remedying a condition or conditions | ||||||
22 | that gave rise or which could give rise to any finding of child | ||||||
23 | abuse or neglect. The services contained in the service plan | ||||||
24 | shall include services reasonably related to remedy the | ||||||
25 | conditions that gave rise to removal of the child from the home | ||||||
26 | of the child's parents, guardian, or legal custodian or that |
| |||||||
| |||||||
1 | the court has found must be remedied prior to returning the | ||||||
2 | child home. Any tasks the court requires of the parents, | ||||||
3 | guardian, or legal custodian or child prior to returning the | ||||||
4 | child home must be reasonably related to remedying a condition | ||||||
5 | or conditions that gave rise to or which could give rise to any | ||||||
6 | finding of child abuse or neglect. | ||||||
7 | If the permanency goal is to return home, the court shall | ||||||
8 | make findings that identify any problems that are causing | ||||||
9 | continued placement of the children away from the home and | ||||||
10 | identify what outcomes would be considered a resolution to | ||||||
11 | these problems. The court shall explain to the parents that | ||||||
12 | these findings are based on the information that the court has | ||||||
13 | at that time and may be revised, should additional evidence be | ||||||
14 | presented to the court. | ||||||
15 | The court shall review the Sibling Contact Support Plan | ||||||
16 | developed or modified under subsection (f) of Section 7.4 of | ||||||
17 | the Children and Family Services Act, if applicable. If the | ||||||
18 | Department has not convened a meeting to develop or modify a | ||||||
19 | Sibling Contact Support Plan, or if the court finds that the | ||||||
20 | existing Plan is not in the child's best interest, the court | ||||||
21 | may enter an order requiring the Department to develop, | ||||||
22 | modify, or implement a Sibling Contact Support Plan, or order | ||||||
23 | mediation. | ||||||
24 | If the goal has been achieved, the court shall enter | ||||||
25 | orders that are necessary to conform the minor's legal custody | ||||||
26 | and status to those findings. |
| |||||||
| |||||||
1 | If, after receiving evidence, the court determines that | ||||||
2 | the services contained in the plan are not reasonably | ||||||
3 | calculated to facilitate achievement of the permanency goal, | ||||||
4 | the court shall put in writing the factual basis supporting | ||||||
5 | the determination and enter specific findings based on the | ||||||
6 | evidence. The court also shall enter an order for the | ||||||
7 | Department to develop and implement a new service plan or to | ||||||
8 | implement changes to the current service plan consistent with | ||||||
9 | the court's findings. The new service plan shall be filed with | ||||||
10 | the court and served on all parties within 45 days of the date | ||||||
11 | of the order. The court shall continue the matter until the new | ||||||
12 | service plan is filed. Except as authorized by subsection | ||||||
13 | (2.5) of this Section and as otherwise specifically authorized | ||||||
14 | by law, the court is not empowered under this Section to order | ||||||
15 | specific placements, specific services, or specific service | ||||||
16 | providers to be included in the service plan. | ||||||
17 | A guardian or custodian appointed by the court pursuant to | ||||||
18 | this Act shall file updated case plans with the court every 6 | ||||||
19 | months. | ||||||
20 | Rights of wards of the court under this Act are | ||||||
21 | enforceable against any public agency by complaints for relief | ||||||
22 | by mandamus filed in any proceedings brought under this Act. | ||||||
23 | (2.5) If, after reviewing the evidence, including evidence | ||||||
24 | from the Department, the court determines that the minor's | ||||||
25 | current or planned placement is not necessary or appropriate | ||||||
26 | to facilitate achievement of the permanency goal, the court |
| |||||||
| |||||||
1 | shall put in writing the factual basis supporting its | ||||||
2 | determination and enter specific findings based on the | ||||||
3 | evidence. If the court finds that the minor's current or | ||||||
4 | planned placement is not necessary or appropriate, the court | ||||||
5 | may enter an order directing the Department to implement a | ||||||
6 | recommendation by the minor's treating clinician or a | ||||||
7 | clinician contracted by the Department to evaluate the minor | ||||||
8 | or a recommendation made by the Department. If the Department | ||||||
9 | places a minor in a placement under an order entered under this | ||||||
10 | subsection (2.5), the Department has the authority to remove | ||||||
11 | the minor from that placement when a change in circumstances | ||||||
12 | necessitates the removal to protect the minor's health, | ||||||
13 | safety, and best interest. If the Department determines | ||||||
14 | removal is necessary, the Department shall notify the parties | ||||||
15 | of the planned placement change in writing no later than 10 | ||||||
16 | days prior to the implementation of its determination unless | ||||||
17 | remaining in the placement poses an imminent risk of harm to | ||||||
18 | the minor, in which case the Department shall notify the | ||||||
19 | parties of the placement change in writing immediately | ||||||
20 | following the implementation of its decision. The Department | ||||||
21 | shall notify others of the decision to change the minor's | ||||||
22 | placement as required by Department rule. | ||||||
23 | (3) Following the permanency hearing, the court shall | ||||||
24 | enter a written order that includes the determinations | ||||||
25 | required under subsection (2) of this Section and sets forth | ||||||
26 | the following: |
| |||||||
| |||||||
1 | (a) The future status of the minor, including the | ||||||
2 | permanency goal, and any order necessary to conform the | ||||||
3 | minor's legal custody and status to such determination; or | ||||||
4 | (b) If the permanency goal of the minor cannot be | ||||||
5 | achieved immediately, the specific reasons for continuing | ||||||
6 | the minor in the care of the Department of Children and | ||||||
7 | Family Services or other agency for short-term placement, | ||||||
8 | and the following determinations: | ||||||
9 | (i) (Blank). | ||||||
10 | (ii) Whether the services required by the court | ||||||
11 | and by any service plan prepared within the prior 6 | ||||||
12 | months have been provided and (A) if so, whether the | ||||||
13 | services were reasonably calculated to facilitate the | ||||||
14 | achievement of the permanency goal or (B) if not | ||||||
15 | provided, why the services were not provided. | ||||||
16 | (iii) Whether the minor's current or planned | ||||||
17 | placement is necessary, and appropriate to the plan | ||||||
18 | and goal, recognizing the right of minors to the least | ||||||
19 | restrictive (most family-like) setting available and | ||||||
20 | in close proximity to the parents' home consistent | ||||||
21 | with the health, safety, best interest, and special | ||||||
22 | needs of the minor and, if the minor is placed | ||||||
23 | out-of-state, whether the out-of-state placement | ||||||
24 | continues to be appropriate and consistent with the | ||||||
25 | health, safety, and best interest of the minor. | ||||||
26 | (iv) (Blank). |
| |||||||
| |||||||
1 | (v) (Blank). | ||||||
2 | (4) The minor or any person interested in the minor may | ||||||
3 | apply to the court for a change in custody of the minor and the | ||||||
4 | appointment of a new custodian or guardian of the person or for | ||||||
5 | the restoration of the minor to the custody of the minor's | ||||||
6 | parents or former guardian or custodian. | ||||||
7 | When return home is not selected as the permanency goal: | ||||||
8 | (a) The Department, the minor, or the current foster | ||||||
9 | parent or relative caregiver seeking private guardianship | ||||||
10 | may file a motion for private guardianship of the minor. | ||||||
11 | Appointment of a guardian under this Section requires | ||||||
12 | approval of the court. | ||||||
13 | (b) The State's Attorney may file a motion to | ||||||
14 | terminate parental rights of any parent who has failed to | ||||||
15 | make reasonable efforts to correct the conditions which | ||||||
16 | led to the removal of the child or reasonable progress | ||||||
17 | toward the return of the child, as defined in subdivision | ||||||
18 | (D)(m) of Section 1 of the Adoption Act or for whom any | ||||||
19 | other unfitness ground for terminating parental rights as | ||||||
20 | defined in subdivision (D) of Section 1 of the Adoption | ||||||
21 | Act exists. | ||||||
22 | When parental rights have been terminated for a | ||||||
23 | minimum of 3 years and the child who is the subject of the | ||||||
24 | permanency hearing is 13 years old or older and is not | ||||||
25 | currently placed in a placement likely to achieve | ||||||
26 | permanency, the Department of Children and Family Services |
| |||||||
| |||||||
1 | shall make reasonable efforts to locate parents whose | ||||||
2 | rights have been terminated, except when the Court | ||||||
3 | determines that those efforts would be futile or | ||||||
4 | inconsistent with the subject child's best interests. The | ||||||
5 | Department of Children and Family Services shall assess | ||||||
6 | the appropriateness of the parent whose rights have been | ||||||
7 | terminated, and shall, as appropriate, foster and support | ||||||
8 | connections between the parent whose rights have been | ||||||
9 | terminated and the youth. The Department of Children and | ||||||
10 | Family Services shall document its determinations and | ||||||
11 | efforts to foster connections in the child's case plan. | ||||||
12 | Custody of the minor shall not be restored to any parent, | ||||||
13 | guardian, or legal custodian in any case in which the minor is | ||||||
14 | found to be neglected or abused under Section 2-3 or dependent | ||||||
15 | under Section 2-4 of this Act, unless the minor can be cared | ||||||
16 | for at home without endangering the minor's health or safety | ||||||
17 | and it is in the best interest of the minor, and if such | ||||||
18 | neglect, abuse, or dependency is found by the court under | ||||||
19 | paragraph (1) of Section 2-21 of this Act to have come about | ||||||
20 | due to the acts or omissions or both of such parent, guardian, | ||||||
21 | or legal custodian, until such time as an investigation is | ||||||
22 | made as provided in paragraph (5) and a hearing is held on the | ||||||
23 | issue of the health, safety, and best interest of the minor and | ||||||
24 | the fitness of such parent, guardian, or legal custodian to | ||||||
25 | care for the minor and the court enters an order that such | ||||||
26 | parent, guardian, or legal custodian is fit to care for the |
| |||||||
| |||||||
1 | minor. If a motion is filed to modify or vacate a private | ||||||
2 | guardianship order and return the child to a parent, guardian, | ||||||
3 | or legal custodian, the court may order the Department of | ||||||
4 | Children and Family Services to assess the minor's current and | ||||||
5 | proposed living arrangements and to provide ongoing monitoring | ||||||
6 | of the health, safety, and best interest of the minor during | ||||||
7 | the pendency of the motion to assist the court in making that | ||||||
8 | determination. In the event that the minor has attained 18 | ||||||
9 | years of age and the guardian or custodian petitions the court | ||||||
10 | for an order terminating the minor's guardianship or custody, | ||||||
11 | guardianship or custody shall terminate automatically 30 days | ||||||
12 | after the receipt of the petition unless the court orders | ||||||
13 | otherwise. No legal custodian or guardian of the person may be | ||||||
14 | removed without the legal custodian's or guardian's consent | ||||||
15 | until given notice and an opportunity to be heard by the court. | ||||||
16 | When the court orders a child restored to the custody of | ||||||
17 | the parent or parents, the court shall order the parent or | ||||||
18 | parents to cooperate with the Department of Children and | ||||||
19 | Family Services and comply with the terms of an after-care | ||||||
20 | plan, or risk the loss of custody of the child and possible | ||||||
21 | termination of their parental rights. The court may also enter | ||||||
22 | an order of protective supervision in accordance with Section | ||||||
23 | 2-24. | ||||||
24 | If the minor is being restored to the custody of a parent, | ||||||
25 | legal custodian, or guardian who lives outside of Illinois, | ||||||
26 | and an Interstate Compact has been requested and refused, the |
| |||||||
| |||||||
1 | court may order the Department of Children and Family Services | ||||||
2 | to arrange for an assessment of the minor's proposed living | ||||||
3 | arrangement and for ongoing monitoring of the health, safety, | ||||||
4 | and best interest of the minor and compliance with any order of | ||||||
5 | protective supervision entered in accordance with Section | ||||||
6 | 2-24. | ||||||
7 | (5) Whenever a parent, guardian, or legal custodian files | ||||||
8 | a motion for restoration of custody of the minor, and the minor | ||||||
9 | was adjudicated neglected, abused, or dependent as a result of | ||||||
10 | physical abuse, the court shall cause to be made an | ||||||
11 | investigation as to whether the movant has ever been charged | ||||||
12 | with or convicted of any criminal offense which would indicate | ||||||
13 | the likelihood of any further physical abuse to the minor. | ||||||
14 | Evidence of such criminal convictions shall be taken into | ||||||
15 | account in determining whether the minor can be cared for at | ||||||
16 | home without endangering the minor's health or safety and | ||||||
17 | fitness of the parent, guardian, or legal custodian. | ||||||
18 | (a) Any agency of this State or any subdivision | ||||||
19 | thereof shall cooperate with the agent of the court in | ||||||
20 | providing any information sought in the investigation. | ||||||
21 | (b) The information derived from the investigation and | ||||||
22 | any conclusions or recommendations derived from the | ||||||
23 | information shall be provided to the parent, guardian, or | ||||||
24 | legal custodian seeking restoration of custody prior to | ||||||
25 | the hearing on fitness and the movant shall have an | ||||||
26 | opportunity at the hearing to refute the information or |
| |||||||
| |||||||
1 | contest its significance. | ||||||
2 | (c) All information obtained from any investigation | ||||||
3 | shall be confidential as provided in Section 5-150 of this | ||||||
4 | Act. | ||||||
5 | (Source: P.A. 102-193, eff. 7-30-21; 102-489, eff. 8-20-21; | ||||||
6 | 102-813, eff. 5-13-22; 103-22, eff. 8-8-23; 103-154, eff. | ||||||
7 | 6-30-23; 103-171, eff. 1-1-24; revised 12-15-23.)
| ||||||
8 | (705 ILCS 405/3-5) (from Ch. 37, par. 803-5) | ||||||
9 | Sec. 3-5. Interim crisis intervention services. | ||||||
10 | (a) Any minor who is taken into limited custody, or who | ||||||
11 | independently requests or is referred for assistance, may be | ||||||
12 | provided crisis intervention services by an agency or | ||||||
13 | association, as defined in this Act, provided the association | ||||||
14 | or agency staff (i) immediately investigate the circumstances | ||||||
15 | of the minor and the facts surrounding the minor being taken | ||||||
16 | into custody and promptly explain these facts and | ||||||
17 | circumstances to the minor, and (ii) make a reasonable effort | ||||||
18 | to inform the minor's parent, guardian , or custodian of the | ||||||
19 | fact that the minor has been taken into limited custody and | ||||||
20 | where the minor is being kept, and (iii) if the minor consents, | ||||||
21 | make a reasonable effort to transport, arrange for the | ||||||
22 | transportation of, or otherwise release the minor to the | ||||||
23 | parent, guardian , or custodian. Upon release of the child who | ||||||
24 | is believed to need or benefit from medical, psychological, | ||||||
25 | psychiatric , or social services, the association or agency may |
| |||||||
| |||||||
1 | inform the minor and the person to whom the minor is released | ||||||
2 | of the nature and location of appropriate services and shall, | ||||||
3 | if requested, assist in establishing contact between the | ||||||
4 | family and other associations or agencies providing such | ||||||
5 | services. If the agency or association is unable by all | ||||||
6 | reasonable efforts to contact a parent, guardian , or | ||||||
7 | custodian, or if the person contacted lives an unreasonable | ||||||
8 | distance away, or if the minor refuses to be taken to the | ||||||
9 | minor's home or other appropriate residence, or if the agency | ||||||
10 | or association is otherwise unable despite all reasonable | ||||||
11 | efforts to make arrangements for the safe return of the minor, | ||||||
12 | the minor may be taken to a temporary living arrangement which | ||||||
13 | is in compliance with the Child Care Act of 1969 or which is | ||||||
14 | with persons agreed to by the parents and the agency or | ||||||
15 | association. | ||||||
16 | (b) An agency or association is authorized to permit a | ||||||
17 | minor to be sheltered in a temporary living arrangement | ||||||
18 | provided the agency seeks to effect the minor's return home or | ||||||
19 | alternative living arrangements agreeable to the minor and the | ||||||
20 | parent, guardian, or custodian as soon as practicable. No | ||||||
21 | minor shall be sheltered in a temporary living arrangement for | ||||||
22 | more than 21 business days. Throughout such limited custody, | ||||||
23 | the agency or association shall work with the parent, | ||||||
24 | guardian, or custodian and the minor's local school district, | ||||||
25 | the Department of Human Services, the Department of Healthcare | ||||||
26 | and Family Services, the Department of Juvenile Justice, and |
| |||||||
| |||||||
1 | the Department of Children and Family Services to identify | ||||||
2 | immediate and long-term treatment or placement. If at any time | ||||||
3 | during the crisis intervention there is a concern that the | ||||||
4 | minor has experienced abuse or neglect, the Comprehensive | ||||||
5 | Community Based-Youth Services provider shall contact the | ||||||
6 | Department of Children and Family Services as provided in the | ||||||
7 | Abused and Neglected Child Reporting Act. the minor | ||||||
8 | (c) Any agency or association or employee thereof acting | ||||||
9 | reasonably and in good faith in the care of a minor being | ||||||
10 | provided interim crisis intervention services and shelter care | ||||||
11 | shall be immune from any civil or criminal liability resulting | ||||||
12 | from such care. | ||||||
13 | (Source: P.A. 103-22, eff. 8-8-23; 103-546, eff. 8-11-23; | ||||||
14 | revised 8-30-23.)
| ||||||
15 | (705 ILCS 405/3-6) (from Ch. 37, par. 803-6) | ||||||
16 | Sec. 3-6. Alternative voluntary residential placement. | ||||||
17 | (a) A minor and the minor's parent, guardian or custodian | ||||||
18 | may agree to an arrangement for alternative voluntary | ||||||
19 | residential placement, in compliance with the " Child Care Act | ||||||
20 | of 1969 " , without court order. Such placement may continue as | ||||||
21 | long as there is agreement. | ||||||
22 | (b) If the minor and the minor's parent, guardian or | ||||||
23 | custodian cannot agree to an arrangement for alternative | ||||||
24 | voluntary residential placement in the first instance, or | ||||||
25 | cannot agree to the continuation of such placement, and the |
| |||||||
| |||||||
1 | minor refuses to return home, the minor or the minor's parent, | ||||||
2 | guardian or custodian, or a person properly acting at the | ||||||
3 | minor's request, may file with the court a petition alleging | ||||||
4 | that the minor requires authoritative intervention as | ||||||
5 | described in Section 3-3. | ||||||
6 | (Source: P.A. 103-22, eff. 8-8-23; revised 9-20-23.)
| ||||||
7 | (705 ILCS 405/3-16) (from Ch. 37, par. 803-16) | ||||||
8 | Sec. 3-16. Date for adjudicatory hearing. | ||||||
9 | (a) (Blank). | ||||||
10 | (b)(1)(A) When a petition has been filed alleging that the | ||||||
11 | minor requires authoritative intervention, an adjudicatory | ||||||
12 | hearing shall be held within 120 days of a demand made by any | ||||||
13 | party, except that when the court determines that the State, | ||||||
14 | without success, has exercised due diligence to obtain | ||||||
15 | evidence material to the case and that there are reasonable | ||||||
16 | grounds to believe that such evidence may be obtained at a | ||||||
17 | later date, the court may, upon motion by the State, continue | ||||||
18 | the adjudicatory hearing for not more than 30 additional days. | ||||||
19 | The 120-day 120 day period in which an adjudicatory | ||||||
20 | hearing shall be held is tolled by: (i) delay occasioned by the | ||||||
21 | minor; or (ii) a continuance allowed pursuant to Section 114-4 | ||||||
22 | of the Code of Criminal Procedure of 1963 after a court's | ||||||
23 | determination of the minor's physical incapacity for trial; or | ||||||
24 | (iii) an interlocutory appeal. Any such delay shall | ||||||
25 | temporarily suspend, for the time of the delay, the period |
| |||||||
| |||||||
1 | within which the adjudicatory hearing must be held. On the day | ||||||
2 | of expiration of the delay, the said period shall continue at | ||||||
3 | the point at which it was suspended. | ||||||
4 | (B) When no such adjudicatory hearing is held within the | ||||||
5 | time required by paragraph (b)(1)(A) of this Section, the | ||||||
6 | court shall, upon motion by any party, dismiss the petition | ||||||
7 | with prejudice. | ||||||
8 | (2) Without affecting the applicability of the tolling and | ||||||
9 | multiple prosecution provisions of paragraph (b)(1) of this | ||||||
10 | Section, when a petition has been filed alleging that the | ||||||
11 | minor requires authoritative intervention and the minor is in | ||||||
12 | shelter care, the adjudicatory hearing shall be held within 10 | ||||||
13 | judicial days after the date of the order directing shelter | ||||||
14 | care, or the earliest possible date in compliance with the | ||||||
15 | notice provisions of Sections 3-17 and 3-18 as to the | ||||||
16 | custodial parent, guardian , or legal custodian, but no later | ||||||
17 | than 30 judicial days from the date of the order of the court | ||||||
18 | directing shelter care. | ||||||
19 | (3) Any failure to comply with the time limits of | ||||||
20 | paragraph (b)(2) of this Section shall require the immediate | ||||||
21 | release of the minor from shelter care, and the time limits of | ||||||
22 | paragraph (b)(1) shall apply. | ||||||
23 | (4) Nothing in this Section prevents the minor or the | ||||||
24 | minor's parents or guardian from exercising their respective | ||||||
25 | rights to waive the time limits set forth in this Section. | ||||||
26 | (Source: P.A. 103-22, eff. 8-8-23; revised 9-20-23.)
|
| |||||||
| |||||||
1 | (705 ILCS 405/3-17) (from Ch. 37, par. 803-17) | ||||||
2 | Sec. 3-17. Summons. | ||||||
3 | (1) When a petition is filed, the clerk of the court shall | ||||||
4 | issue a summons with a copy of the petition attached. The | ||||||
5 | summons shall be directed to the minor's legal guardian or | ||||||
6 | custodian and to each person named as a respondent in the | ||||||
7 | petition, except that summons need not be directed to a minor | ||||||
8 | respondent under 8 years of age for whom the court appoints a | ||||||
9 | guardian ad litem if the guardian ad litem appears on behalf of | ||||||
10 | the minor in any proceeding under this Act. | ||||||
11 | (2) The summons must contain a statement that the minor or | ||||||
12 | any of the respondents is entitled to have an attorney present | ||||||
13 | at the hearing on the petition, and that the clerk of the court | ||||||
14 | should be notified promptly if the minor or any other | ||||||
15 | respondent desires to be represented by an attorney but is | ||||||
16 | financially unable to employ counsel. | ||||||
17 | (3) The summons shall be issued under the seal of the | ||||||
18 | court, attested to and signed with the name of the clerk of the | ||||||
19 | court, dated on the day it is issued, and shall require each | ||||||
20 | respondent to appear and answer the petition on the date set | ||||||
21 | for the adjudicatory hearing. | ||||||
22 | (4) The summons may be served by any county sheriff, | ||||||
23 | coroner , or probation officer, even though the officer is the | ||||||
24 | petitioner. The return of the summons with endorsement of | ||||||
25 | service by the officer is sufficient proof thereof. |
| |||||||
| |||||||
1 | (5) Service of a summons and petition shall be made by: (a) | ||||||
2 | leaving a copy thereof with the person summoned at least 3 days | ||||||
3 | before the time stated therein for appearance; (b) leaving a | ||||||
4 | copy at the summoned person's usual place of abode with some | ||||||
5 | person of the family, of the age of 10 years or upwards, and | ||||||
6 | informing that person of the contents thereof, provided the | ||||||
7 | officer or other person making service shall also send a copy | ||||||
8 | of the summons in a sealed envelope with postage fully | ||||||
9 | prepaid, addressed to the person summoned at the person's | ||||||
10 | usual place of abode, at least 3 days before the time stated | ||||||
11 | therein for appearance; or (c) leaving a copy thereof with the | ||||||
12 | guardian or custodian of a minor, at least 3 days before the | ||||||
13 | time stated therein for appearance. If the guardian or | ||||||
14 | custodian is an agency of the State of Illinois, proper | ||||||
15 | service may be made by leaving a copy of the summons and | ||||||
16 | petition with any administrative employee of such agency | ||||||
17 | designated by such agency to accept service of summons and | ||||||
18 | petitions. The certificate of the officer or affidavit of the | ||||||
19 | person that the officer or person has sent the copy pursuant to | ||||||
20 | this Section is sufficient proof of service. | ||||||
21 | (6) When a parent or other person, who has signed a written | ||||||
22 | promise to appear and bring the minor to court or who has | ||||||
23 | waived or acknowledged service, fails to appear with the minor | ||||||
24 | on the date set by the court, a bench warrant may be issued for | ||||||
25 | the parent or other person, the minor, or both. | ||||||
26 | (7) The appearance of the minor's legal guardian or |
| |||||||
| |||||||
1 | custodian, or a person named as a respondent in a petition, in | ||||||
2 | any proceeding under this Act shall constitute a waiver of | ||||||
3 | service of summons and submission to the jurisdiction of the | ||||||
4 | court. A copy of the summons and petition shall be provided to | ||||||
5 | the person at the time of the person's appearance. | ||||||
6 | (8) Fines or assessments, such as fees or administrative | ||||||
7 | costs, in the service of process shall not be ordered or | ||||||
8 | imposed on a minor or a minor's parent, guardian, or legal | ||||||
9 | custodian. | ||||||
10 | (Source: P.A. 103-22, eff. 8-8-23; 103-379, eff. 7-28-23; | ||||||
11 | revised 9-7-23.)
| ||||||
12 | (705 ILCS 405/3-19) (from Ch. 37, par. 803-19) | ||||||
13 | Sec. 3-19. Guardian ad litem. | ||||||
14 | (1) Immediately upon the filing of a petition alleging | ||||||
15 | that the minor requires authoritative intervention, the court | ||||||
16 | may appoint a guardian ad litem for the minor if : | ||||||
17 | (a) such petition alleges that the minor is the victim | ||||||
18 | of sexual abuse or misconduct; or | ||||||
19 | (b) such petition alleges that charges alleging the | ||||||
20 | commission of any of the sex offenses defined in Article | ||||||
21 | 11 or in Section Sections 11-1.20, 11-1.30, 11-1.40, | ||||||
22 | 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15 , or 12-16 | ||||||
23 | of the Criminal Code of 1961 or the Criminal Code of 2012, | ||||||
24 | have been filed against a defendant in any court and that | ||||||
25 | such minor is the alleged victim of the acts of the |
| |||||||
| |||||||
1 | defendant in the commission of such offense. | ||||||
2 | (2) Unless the guardian ad litem appointed pursuant to | ||||||
3 | paragraph (1) is an attorney at law, the guardian ad litem | ||||||
4 | shall be represented in the performance of the guardian ad | ||||||
5 | litem's duties by counsel. | ||||||
6 | (3) Before proceeding with the hearing, the court shall | ||||||
7 | appoint a guardian ad litem for the minor if : | ||||||
8 | (a) no parent, guardian, custodian , or relative of the | ||||||
9 | minor appears at the first or any subsequent hearing of | ||||||
10 | the case; | ||||||
11 | (b) the petition prays for the appointment of a | ||||||
12 | guardian with power to consent to adoption; or | ||||||
13 | (c) the petition for which the minor is before the | ||||||
14 | court resulted from a report made pursuant to the Abused | ||||||
15 | and Neglected Child Reporting Act. | ||||||
16 | (4) The court may appoint a guardian ad litem for the minor | ||||||
17 | whenever it finds that there may be a conflict of interest | ||||||
18 | between the minor and the minor's parents or other custodian | ||||||
19 | or that it is otherwise in the minor's interest to do so. | ||||||
20 | (5) The reasonable fees of a guardian ad litem appointed | ||||||
21 | under this Section shall be fixed by the court and paid from | ||||||
22 | the general fund of the county. | ||||||
23 | (Source: P.A. 103-22, eff. 8-8-23; 103-379, eff. 7-28-23; | ||||||
24 | revised 8-30-23.)
| ||||||
25 | (705 ILCS 405/3-21) (from Ch. 37, par. 803-21) |
| |||||||
| |||||||
1 | Sec. 3-21. Continuance under supervision. | ||||||
2 | (1) The court may enter an order of continuance under | ||||||
3 | supervision (a) upon an admission or stipulation by the | ||||||
4 | appropriate respondent or minor respondent of the facts | ||||||
5 | supporting the petition and before proceeding to findings and | ||||||
6 | adjudication, or after hearing the evidence at the | ||||||
7 | adjudicatory hearing but before noting in the minutes of | ||||||
8 | proceedings a finding of whether or not the minor is a person | ||||||
9 | requiring authoritative intervention; and (b) in the absence | ||||||
10 | of objection made in open court by the minor, the minor's | ||||||
11 | parent, guardian, custodian, responsible relative, or defense | ||||||
12 | attorney , or the State's Attorney. | ||||||
13 | (2) If the minor, the minor's parent, guardian, custodian, | ||||||
14 | responsible relative, or defense attorney , or State's | ||||||
15 | Attorney, objects in open court to any such continuance and | ||||||
16 | insists upon proceeding to findings and adjudication, the | ||||||
17 | court shall so proceed. | ||||||
18 | (3) Nothing in this Section limits the power of the court | ||||||
19 | to order a continuance of the hearing for the production of | ||||||
20 | additional evidence or for any other proper reason. | ||||||
21 | (4) When a hearing where a minor is alleged to be a minor | ||||||
22 | requiring authoritative intervention is continued pursuant to | ||||||
23 | this Section, the court may permit the minor to remain in the | ||||||
24 | minor's home subject to such conditions concerning the minor's | ||||||
25 | conduct and supervision as the court may require by order. | ||||||
26 | (5) If a petition is filed charging a violation of a |
| |||||||
| |||||||
1 | condition of the continuance under supervision, the court | ||||||
2 | shall conduct a hearing. If the court finds that such | ||||||
3 | condition of supervision has not been fulfilled the court may | ||||||
4 | proceed to findings and adjudication and disposition. The | ||||||
5 | filing of a petition for violation of a condition of the | ||||||
6 | continuance under supervision shall toll the period of | ||||||
7 | continuance under supervision until the final determination of | ||||||
8 | the charge, and the term of the continuance under supervision | ||||||
9 | shall not run until the hearing and disposition of the | ||||||
10 | petition for violation; provided where the petition alleges | ||||||
11 | conduct that does not constitute a criminal offense, the | ||||||
12 | hearing must be held within 15 days of the filing of the | ||||||
13 | petition unless a delay in such hearing has been occasioned by | ||||||
14 | the minor, in which case the delay shall continue the tolling | ||||||
15 | of the period of continuance under supervision for the period | ||||||
16 | of such delay. | ||||||
17 | (6) (Blank). | ||||||
18 | (Source: P.A. 103-22, eff. 8-8-23; 103-379, eff. 7-28-23; | ||||||
19 | revised 9-25-23.)
| ||||||
20 | (705 ILCS 405/3-24) (from Ch. 37, par. 803-24) | ||||||
21 | Sec. 3-24. Kinds of dispositional orders. | ||||||
22 | (1) The following kinds of orders of disposition may be | ||||||
23 | made in respect to wards of the court: A minor found to be | ||||||
24 | requiring authoritative intervention under Section 3-3 may be | ||||||
25 | (a) committed to the Department of Children and Family |
| |||||||
| |||||||
1 | Services, subject to Section 5 of the Children and Family | ||||||
2 | Services Act; (b) placed under supervision and released to the | ||||||
3 | minor's parents, guardian , or legal custodian; (c) placed in | ||||||
4 | accordance with Section 3-28 with or without also being placed | ||||||
5 | under supervision. Conditions of supervision may be modified | ||||||
6 | or terminated by the court if it deems that the best interests | ||||||
7 | of the minor and the public will be served thereby; (d) ordered | ||||||
8 | partially or completely emancipated in accordance with the | ||||||
9 | provisions of the Emancipation of Minors Act; or (e) subject | ||||||
10 | to having the minor's driver's license or driving privilege | ||||||
11 | suspended for such time as determined by the Court but only | ||||||
12 | until the minor attains 18 years of age. | ||||||
13 | (2) Any order of disposition may provide for protective | ||||||
14 | supervision under Section 3-25 and may include an order of | ||||||
15 | protection under Section 3-26. | ||||||
16 | (3) Unless the order of disposition expressly so provides, | ||||||
17 | it does not operate to close proceedings on the pending | ||||||
18 | petition, but is subject to modification until final closing | ||||||
19 | and discharge of the proceedings under Section 3-32. | ||||||
20 | (4) In addition to any other order of disposition, the | ||||||
21 | court may order any person found to be a minor requiring | ||||||
22 | authoritative intervention under Section 3-3 to make | ||||||
23 | restitution, in monetary or non-monetary form, under the terms | ||||||
24 | and conditions of Section 5-5-6 of the Unified Code of | ||||||
25 | Corrections, except that the "presentence hearing" referred to | ||||||
26 | therein shall be the dispositional hearing for purposes of |
| |||||||
| |||||||
1 | this Section. The parent, guardian , or legal custodian of the | ||||||
2 | minor may pay some or all of such restitution on the minor's | ||||||
3 | behalf. | ||||||
4 | (5) Any order for disposition where the minor is committed | ||||||
5 | or placed in accordance with Section 3-28 shall provide for | ||||||
6 | the parents or guardian of the estate of such minor to pay to | ||||||
7 | the legal custodian or guardian of the person of the minor such | ||||||
8 | sums as are determined by the custodian or guardian of the | ||||||
9 | person of the minor as necessary for the minor's needs. Such | ||||||
10 | payments may not exceed the maximum amounts provided for by | ||||||
11 | Section 9.1 of the Children and Family Services Act. | ||||||
12 | (6) Whenever the order of disposition requires the minor | ||||||
13 | to attend school or participate in a program of training, the | ||||||
14 | truant officer or designated school official shall regularly | ||||||
15 | report to the court if the minor is a chronic or habitual | ||||||
16 | truant under Section 26-2a of the School Code. | ||||||
17 | (7) (Blank). | ||||||
18 | (Source: P.A. 103-22, eff. 8-8-23; 103-379, eff. 7-28-23; | ||||||
19 | revised 9-20-23.)
| ||||||
20 | (705 ILCS 405/3-33.5) | ||||||
21 | Sec. 3-33.5. Truant minors in need of supervision. | ||||||
22 | (a) Definition. A minor who is reported by the office of | ||||||
23 | the regional superintendent of schools as a chronic truant may | ||||||
24 | be subject to a petition for adjudication and adjudged a | ||||||
25 | truant minor in need of supervision, provided that prior to |
| |||||||
| |||||||
1 | the filing of the petition, the office of the regional | ||||||
2 | superintendent of schools or a community truancy review board | ||||||
3 | certifies that the local school has provided appropriate | ||||||
4 | truancy intervention services to the truant minor and the | ||||||
5 | minor's family. For purposes of this Section, "truancy | ||||||
6 | intervention services" means services designed to assist the | ||||||
7 | minor's return to an educational program, and includes , but is | ||||||
8 | not limited to: assessments, counseling, mental health | ||||||
9 | services, shelter, optional and alternative education | ||||||
10 | programs, tutoring, and educational advocacy. If, after review | ||||||
11 | by the regional office of education or community truancy | ||||||
12 | review board, it is determined the local school did not | ||||||
13 | provide the appropriate interventions, then the minor shall be | ||||||
14 | referred to a comprehensive community based youth service | ||||||
15 | agency for truancy intervention services. If the comprehensive | ||||||
16 | community based youth service agency is incapable to provide | ||||||
17 | intervention services, then this requirement for services is | ||||||
18 | not applicable. The comprehensive community based youth | ||||||
19 | service agency shall submit reports to the office of the | ||||||
20 | regional superintendent of schools or truancy review board | ||||||
21 | within 20, 40, and 80 school days of the initial referral or at | ||||||
22 | any other time requested by the office of the regional | ||||||
23 | superintendent of schools or truancy review board, which | ||||||
24 | reports each shall certify the date of the minor's referral | ||||||
25 | and the extent of the minor's progress and participation in | ||||||
26 | truancy intervention services provided by the comprehensive |
| |||||||
| |||||||
1 | community based youth service agency. In addition, if, after | ||||||
2 | referral by the office of the regional superintendent of | ||||||
3 | schools or community truancy review board, the minor declines | ||||||
4 | or refuses to fully participate in truancy intervention | ||||||
5 | services provided by the comprehensive community based youth | ||||||
6 | service agency, then the agency shall immediately certify such | ||||||
7 | facts to the office of the regional superintendent of schools | ||||||
8 | or community truancy review board. | ||||||
9 | (a-1) There is a rebuttable presumption that a chronic | ||||||
10 | truant is a truant minor in need of supervision. | ||||||
11 | (a-2) There is a rebuttable presumption that school | ||||||
12 | records of a minor's attendance at school are authentic. | ||||||
13 | (a-3) For purposes of this Section, "chronic truant" has | ||||||
14 | the meaning ascribed to it in Section 26-2a of the School Code. | ||||||
15 | (a-4) For purposes of this Section, a "community truancy | ||||||
16 | review board" is a local community based board comprised of , | ||||||
17 | but not limited to: representatives from local comprehensive | ||||||
18 | community based youth service agencies, representatives from | ||||||
19 | court service agencies, representatives from local schools, | ||||||
20 | representatives from health service agencies, and | ||||||
21 | representatives from local professional and community | ||||||
22 | organizations as deemed appropriate by the office of the | ||||||
23 | regional superintendent of schools. The regional | ||||||
24 | superintendent of schools must approve the establishment and | ||||||
25 | organization of a community truancy review board, and the | ||||||
26 | regional superintendent of schools or the regional |
| |||||||
| |||||||
1 | superintendent's designee shall chair the board. | ||||||
2 | (a-5) Nothing in this Section shall be construed to create | ||||||
3 | a private cause of action or right of recovery against a | ||||||
4 | regional office of education, its superintendent, or its staff | ||||||
5 | with respect to truancy intervention services where the | ||||||
6 | determination to provide the services is made in good faith. | ||||||
7 | (b) Kinds of dispositional orders. A minor found to be a | ||||||
8 | truant minor in need of supervision may be: | ||||||
9 | (1) committed to the appropriate regional | ||||||
10 | superintendent of schools for a student assistance team | ||||||
11 | staffing, a service plan, or referral to a comprehensive | ||||||
12 | community based youth service agency; | ||||||
13 | (2) required to comply with a service plan as | ||||||
14 | specifically provided by the appropriate regional | ||||||
15 | superintendent of schools; | ||||||
16 | (3) ordered to obtain counseling or other supportive | ||||||
17 | services; | ||||||
18 | (4) (blank); | ||||||
19 | (5) required to perform some reasonable public service | ||||||
20 | work that does not interfere with school hours, | ||||||
21 | school-related activities, or work commitments of the | ||||||
22 | minor or the minor's parent, guardian, or legal custodian; | ||||||
23 | or | ||||||
24 | (6) (blank). | ||||||
25 | A dispositional order may include public service only if | ||||||
26 | the court has made an express written finding that a truancy |
| |||||||
| |||||||
1 | prevention program has been offered by the school, regional | ||||||
2 | superintendent of schools, or a comprehensive community based | ||||||
3 | youth service agency to the truant minor in need of | ||||||
4 | supervision. | ||||||
5 | (c) Orders entered under this Section may be enforced by | ||||||
6 | contempt proceedings. Fines or assessments, such as fees or | ||||||
7 | administrative costs, shall not be ordered or imposed in | ||||||
8 | contempt proceedings under this Section. | ||||||
9 | (Source: P.A. 102-456, eff. 1-1-22; 103-22, eff. 8-8-23; | ||||||
10 | 103-379, eff. 7-28-23; revised 9-20-23.)
| ||||||
11 | (705 ILCS 405/4-8) (from Ch. 37, par. 804-8) | ||||||
12 | Sec. 4-8. Setting of shelter care hearing. | ||||||
13 | (1) Unless sooner released, a minor alleged to be addicted | ||||||
14 | taken into temporary protective custody must be brought before | ||||||
15 | a judicial officer within 48 hours, exclusive of Saturdays, | ||||||
16 | Sundays , and holidays, for a shelter care hearing to determine | ||||||
17 | whether the minor shall be further held in custody. | ||||||
18 | (2) If the probation officer or such other public officer | ||||||
19 | designated by the court determines that the minor should be | ||||||
20 | retained in custody, the probation officer or such other | ||||||
21 | public officer designated by the court shall cause a petition | ||||||
22 | to be filed as provided in Section 4-12 of this Act, and the | ||||||
23 | clerk of the court shall set the matter for hearing on the | ||||||
24 | shelter care hearing calendar. When a parent, guardian, | ||||||
25 | custodian , or responsible relative is present and so requests, |
| |||||||
| |||||||
1 | the shelter care hearing shall be held immediately if the | ||||||
2 | court is in session, otherwise at the earliest feasible time. | ||||||
3 | The probation officer or such other public officer designated | ||||||
4 | by the court shall notify the minor's parent, guardian, | ||||||
5 | custodian , or responsible relative of the time and place of | ||||||
6 | the hearing. The notice may be given orally. | ||||||
7 | (3) The minor must be released from custody at the | ||||||
8 | expiration of the 48-hour 48 hour period, as the case may be, | ||||||
9 | specified by this Section, if not brought before a judicial | ||||||
10 | officer within that period. | ||||||
11 | (Source: P.A. 103-22, eff. 8-8-23; revised 9-20-23.)
| ||||||
12 | (705 ILCS 405/4-9) (from Ch. 37, par. 804-9) | ||||||
13 | Sec. 4-9. Shelter care hearing. At the appearance of the | ||||||
14 | minor before the court at the shelter care hearing, all | ||||||
15 | witnesses present shall be examined before the court in | ||||||
16 | relation to any matter connected with the allegations made in | ||||||
17 | the petition. | ||||||
18 | (1) If the court finds that there is not probable cause to | ||||||
19 | believe that the minor is addicted, it shall release the minor | ||||||
20 | and dismiss the petition. | ||||||
21 | (2) If the court finds that there is probable cause to | ||||||
22 | believe that the minor is addicted, the minor, the minor's | ||||||
23 | parent, guardian, or custodian , and other persons able to give | ||||||
24 | relevant testimony shall be examined before the court. After | ||||||
25 | such testimony, the court may enter an order that the minor |
| |||||||
| |||||||
1 | shall be released upon the request of a parent, guardian , or | ||||||
2 | custodian if the parent, guardian , or custodian appears to | ||||||
3 | take custody and agrees to abide by a court order which | ||||||
4 | requires the minor and the minor's parent, guardian, or legal | ||||||
5 | custodian to complete an evaluation by an entity licensed by | ||||||
6 | the Department of Human Services, as the successor to the | ||||||
7 | Department of Alcoholism and Substance Abuse, and complete any | ||||||
8 | treatment recommendations indicated by the assessment. | ||||||
9 | "Custodian" includes the Department of Children and Family | ||||||
10 | Services, if it has been given custody of the child, or any | ||||||
11 | other agency of the State which has been given custody or | ||||||
12 | wardship of the child. | ||||||
13 | The court Court shall require documentation by | ||||||
14 | representatives of the Department of Children and Family | ||||||
15 | Services or the probation department as to the reasonable | ||||||
16 | efforts that were made to prevent or eliminate the necessity | ||||||
17 | of removal of the minor from the minor's home , and shall | ||||||
18 | consider the testimony of any person as to those reasonable | ||||||
19 | efforts. If the court finds that it is a matter of immediate | ||||||
20 | and urgent necessity for the protection of the minor or of the | ||||||
21 | person or property of another that the minor be placed in a | ||||||
22 | shelter care facility or that the minor is likely to flee the | ||||||
23 | jurisdiction of the court , and , further, finds that reasonable | ||||||
24 | efforts have been made or good cause has been shown why | ||||||
25 | reasonable efforts cannot prevent or eliminate the necessity | ||||||
26 | of removal of the minor from the minor's home, the court may |
| |||||||
| |||||||
1 | prescribe shelter care and order that the minor be kept in a | ||||||
2 | suitable place designated by the court , or in a shelter care | ||||||
3 | facility designated by the Department of Children and Family | ||||||
4 | Services or a licensed child welfare agency, or in a facility | ||||||
5 | or program licensed by the Department of Human Services for | ||||||
6 | shelter and treatment services; otherwise , it shall release | ||||||
7 | the minor from custody. If the court prescribes shelter care, | ||||||
8 | then in placing the minor, the Department or other agency | ||||||
9 | shall, to the extent compatible with the court's order, comply | ||||||
10 | with Section 7 of the Children and Family Services Act. If the | ||||||
11 | minor is ordered placed in a shelter care facility of the | ||||||
12 | Department of Children and Family Services or a licensed child | ||||||
13 | welfare agency, or in a facility or program licensed by the | ||||||
14 | Department of Human Services for shelter and treatment | ||||||
15 | services, the court shall, upon request of the appropriate | ||||||
16 | Department or other agency, appoint the Department of Children | ||||||
17 | and Family Services Guardianship Administrator or other | ||||||
18 | appropriate agency executive temporary custodian of the minor | ||||||
19 | and the court may enter such other orders related to the | ||||||
20 | temporary custody as it deems fit and proper, including the | ||||||
21 | provision of services to the minor or the minor's family to | ||||||
22 | ameliorate the causes contributing to the finding of probable | ||||||
23 | cause or to the finding of the existence of immediate and | ||||||
24 | urgent necessity. Acceptance of services shall not be | ||||||
25 | considered an admission of any allegation in a petition made | ||||||
26 | pursuant to this Act, nor may a referral of services be |
| |||||||
| |||||||
1 | considered as evidence in any proceeding pursuant to this Act, | ||||||
2 | except where the issue is whether the Department has made | ||||||
3 | reasonable efforts to reunite the family. In making its | ||||||
4 | findings that reasonable efforts have been made or that good | ||||||
5 | cause has been shown why reasonable efforts cannot prevent or | ||||||
6 | eliminate the necessity of removal of the minor from the | ||||||
7 | minor's home, the court shall state in writing its findings | ||||||
8 | concerning the nature of the services that were offered or the | ||||||
9 | efforts that were made to prevent removal of the child and the | ||||||
10 | apparent reasons that such services or efforts could not | ||||||
11 | prevent the need for removal. The parents, guardian, | ||||||
12 | custodian, temporary custodian , and minor shall each be | ||||||
13 | furnished a copy of such written findings. The temporary | ||||||
14 | custodian shall maintain a copy of the court order and written | ||||||
15 | findings in the case record for the child. The order , together | ||||||
16 | with the court's findings of fact in support thereof , shall be | ||||||
17 | entered of record in the court. | ||||||
18 | Once the court finds that it is a matter of immediate and | ||||||
19 | urgent necessity for the protection of the minor that the | ||||||
20 | minor be placed in a shelter care facility, the minor shall not | ||||||
21 | be returned to the parent, custodian , or guardian until the | ||||||
22 | court finds that such placement is no longer necessary for the | ||||||
23 | protection of the minor. | ||||||
24 | (3) If neither the parent, guardian, legal custodian, | ||||||
25 | responsible relative nor counsel of the minor has had actual | ||||||
26 | notice of or is present at the shelter care hearing, the |
| |||||||
| |||||||
1 | parent, guardian, legal custodian, responsible relative, or | ||||||
2 | counsel of the minor may file an affidavit setting forth these | ||||||
3 | facts, and the clerk shall set the matter for rehearing not | ||||||
4 | later than 24 hours, excluding Sundays and legal holidays, | ||||||
5 | after the filing of the affidavit. At the rehearing, the court | ||||||
6 | shall proceed in the same manner as upon the original hearing. | ||||||
7 | (4) If the minor is not brought before a judicial officer | ||||||
8 | within the time period as specified in Section 4-8, the minor | ||||||
9 | must immediately be released from custody. | ||||||
10 | (5) Only when there is reasonable cause to believe that | ||||||
11 | the minor taken into custody is a person described in | ||||||
12 | subsection (3) of Section 5-105 may the minor be kept or | ||||||
13 | detained in a detention home or county or municipal jail. This | ||||||
14 | Section shall in no way be construed to limit subsection (6). | ||||||
15 | (6) No minor under 16 years of age may be confined in a | ||||||
16 | jail or place ordinarily used for the confinement of prisoners | ||||||
17 | in a police station. Minors under 18 years of age must be kept | ||||||
18 | separate from confined adults and may not at any time be kept | ||||||
19 | in the same cell, room , or yard with adults confined pursuant | ||||||
20 | to the criminal law. | ||||||
21 | (7) If neither the parent, guardian , or custodian appears | ||||||
22 | within 24 hours to take custody of a minor released upon | ||||||
23 | request pursuant to subsection (2) of this Section, then the | ||||||
24 | clerk of the court shall set the matter for rehearing not later | ||||||
25 | than 7 days after the original order and shall issue a summons | ||||||
26 | directed to the parent, guardian , or custodian to appear. At |
| |||||||
| |||||||
1 | the same time the probation department shall prepare a report | ||||||
2 | on the minor. If a parent, guardian , or custodian does not | ||||||
3 | appear at such rehearing, the judge may enter an order | ||||||
4 | prescribing that the minor be kept in a suitable place | ||||||
5 | designated by the Department of Children and Family Services | ||||||
6 | or a licensed child welfare agency. | ||||||
7 | (8) Any interested party, including the State, the | ||||||
8 | temporary custodian, an agency providing services to the minor | ||||||
9 | or family under a service plan pursuant to Section 8.2 of the | ||||||
10 | Abused and Neglected Child Reporting Act, foster parent, or | ||||||
11 | any of their representatives, may file a motion to modify or | ||||||
12 | vacate a temporary custody order on any of the following | ||||||
13 | grounds: | ||||||
14 | (a) It is no longer a matter of immediate and urgent | ||||||
15 | necessity that the minor remain in shelter care; or | ||||||
16 | (b) There is a material change in the circumstances of | ||||||
17 | the natural family from which the minor was removed; or | ||||||
18 | (c) A person, including a parent, relative , or legal | ||||||
19 | guardian, is capable of assuming temporary custody of the | ||||||
20 | minor; or | ||||||
21 | (d) Services provided by the Department of Children | ||||||
22 | and Family Services or a child welfare agency or other | ||||||
23 | service provider have been successful in eliminating the | ||||||
24 | need for temporary custody. | ||||||
25 | The clerk shall set the matter for hearing not later than | ||||||
26 | 14 days after such motion is filed. In the event that the court |
| |||||||
| |||||||
1 | modifies or vacates a temporary custody order but does not | ||||||
2 | vacate its finding of probable cause, the court may order that | ||||||
3 | appropriate services be continued or initiated in behalf of | ||||||
4 | the minor and the minor's family. | ||||||
5 | (9) The changes made to this Section by Public Act 98-61 | ||||||
6 | apply to a minor who has been arrested or taken into custody on | ||||||
7 | or after January 1, 2014 (the effective date of Public Act | ||||||
8 | 98-61). | ||||||
9 | (Source: P.A. 103-22, eff. 8-8-23; revised 9-20-23.)
| ||||||
10 | (705 ILCS 405/4-14) (from Ch. 37, par. 804-14) | ||||||
11 | Sec. 4-14. Summons. | ||||||
12 | (1) When a petition is filed, the clerk of the court shall | ||||||
13 | issue a summons with a copy of the petition attached. The | ||||||
14 | summons shall be directed to the minor's legal guardian or | ||||||
15 | custodian and to each person named as a respondent in the | ||||||
16 | petition, except that summons need not be directed to a minor | ||||||
17 | respondent under 8 years of age for whom the court appoints a | ||||||
18 | guardian ad litem if the guardian ad litem appears on behalf of | ||||||
19 | the minor in any proceeding under this Act. | ||||||
20 | (2) The summons must contain a statement that the minor or | ||||||
21 | any of the respondents is entitled to have an attorney present | ||||||
22 | at the hearing on the petition, and that the clerk of the court | ||||||
23 | should be notified promptly if the minor or any other | ||||||
24 | respondent desires to be represented by an attorney but is | ||||||
25 | financially unable to employ counsel. |
| |||||||
| |||||||
1 | (3) The summons shall be issued under the seal of the | ||||||
2 | court, attested to and signed with the name of the clerk of the | ||||||
3 | court, dated on the day it is issued, and shall require each | ||||||
4 | respondent to appear and answer the petition on the date set | ||||||
5 | for the adjudicatory hearing. | ||||||
6 | (4) The summons may be served by any county sheriff, | ||||||
7 | coroner , or probation officer, even though the officer is the | ||||||
8 | petitioner. The return of the summons with endorsement of | ||||||
9 | service by the officer is sufficient proof thereof. | ||||||
10 | (5) Service of a summons and petition shall be made by: | ||||||
11 | (a) leaving a copy thereof with the person summoned at | ||||||
12 | least 3 days before the time stated therein for | ||||||
13 | appearance; | ||||||
14 | (b) leaving a copy at the summoned person's usual | ||||||
15 | place of abode with some person of the family, of the age | ||||||
16 | of 10 years or upwards, and informing that person of the | ||||||
17 | contents thereof, provided that the officer or other | ||||||
18 | person making service shall also send a copy of the | ||||||
19 | summons in a sealed envelope with postage fully prepaid, | ||||||
20 | addressed to the person summoned at the person's usual | ||||||
21 | place of abode, at least 3 days before the time stated | ||||||
22 | therein for appearance; or | ||||||
23 | (c) leaving a copy thereof with the guardian or | ||||||
24 | custodian of a minor, at least 3 days before the time | ||||||
25 | stated therein for appearance. | ||||||
26 | If the guardian or custodian is an agency of the State of |
| |||||||
| |||||||
1 | Illinois, proper service may be made by leaving a copy of the | ||||||
2 | summons and petition with any administrative employee of such | ||||||
3 | agency designated by such agency to accept service of summons | ||||||
4 | and petitions. The certificate of the officer or affidavit of | ||||||
5 | the person that the officer or person has sent the copy | ||||||
6 | pursuant to this Section is sufficient proof of service. | ||||||
7 | (6) When a parent or other person, who has signed a written | ||||||
8 | promise to appear and bring the minor to court or who has | ||||||
9 | waived or acknowledged service, fails to appear with the minor | ||||||
10 | on the date set by the court, a bench warrant may be issued for | ||||||
11 | the parent or other person, the minor, or both. | ||||||
12 | (7) The appearance of the minor's legal guardian or | ||||||
13 | custodian, or a person named as a respondent in a petition, in | ||||||
14 | any proceeding under this Act shall constitute a waiver of | ||||||
15 | service of summons and submission to the jurisdiction of the | ||||||
16 | court. A copy of the summons and petition shall be provided to | ||||||
17 | the person at the time of the person's appearance. | ||||||
18 | (8) Fines or assessments, such as fees or administrative | ||||||
19 | costs, in the service of process shall not be ordered or | ||||||
20 | imposed on a minor or a minor's parent, guardian, or legal | ||||||
21 | custodian. | ||||||
22 | (Source: P.A. 103-22, eff. 8-8-23; 103-379, eff. 7-28-23; | ||||||
23 | revised 9-25-23.)
| ||||||
24 | (705 ILCS 405/4-16) (from Ch. 37, par. 804-16) | ||||||
25 | Sec. 4-16. Guardian ad litem. |
| |||||||
| |||||||
1 | (1) Immediately upon the filing of a petition alleging | ||||||
2 | that the minor is a person described in Section 4-3 of this | ||||||
3 | Act, the court may appoint a guardian ad litem for the minor | ||||||
4 | if: | ||||||
5 | (a) such petition alleges that the minor is the victim | ||||||
6 | of sexual abuse or misconduct; or | ||||||
7 | (b) such petition alleges that charges alleging the | ||||||
8 | commission of any of the sex offenses defined in Article | ||||||
9 | 11 or in Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, | ||||||
10 | 11-1.60, 12-13, 12-14, 12-14.1, 12-15 , or 12-16 of the | ||||||
11 | Criminal Code of 1961 or the Criminal Code of 2012 , have | ||||||
12 | been filed against a defendant in any court and that such | ||||||
13 | minor is the alleged victim of the acts of the defendant in | ||||||
14 | the commission of such offense. | ||||||
15 | Unless the guardian ad litem appointed pursuant to this | ||||||
16 | paragraph (1) is an attorney at law , the guardian ad litem | ||||||
17 | shall be represented in the performance of the guardian ad | ||||||
18 | litem's duties by counsel. | ||||||
19 | (2) Before proceeding with the hearing, the court shall | ||||||
20 | appoint a guardian ad litem for the minor if : | ||||||
21 | (a) no parent, guardian, custodian , or relative of the | ||||||
22 | minor appears at the first or any subsequent hearing of | ||||||
23 | the case; | ||||||
24 | (b) the petition prays for the appointment of a | ||||||
25 | guardian with power to consent to adoption; or | ||||||
26 | (c) the petition for which the minor is before the |
| |||||||
| |||||||
1 | court resulted from a report made pursuant to the Abused | ||||||
2 | and Neglected Child Reporting Act. | ||||||
3 | (3) The court may appoint a guardian ad litem for the minor | ||||||
4 | whenever it finds that there may be a conflict of interest | ||||||
5 | between the minor and the minor's parents or other custodian | ||||||
6 | or that it is otherwise in the minor's interest to do so. | ||||||
7 | (4) Unless the guardian ad litem is an attorney, the | ||||||
8 | guardian ad litem shall be represented by counsel. | ||||||
9 | (5) The reasonable fees of a guardian ad litem appointed | ||||||
10 | under this Section shall be fixed by the court and paid from | ||||||
11 | the general fund of the county. | ||||||
12 | (Source: P.A. 103-22, eff. 8-8-23; 103-379, eff. 7-28-23; | ||||||
13 | revised 9-20-23.)
| ||||||
14 | (705 ILCS 405/4-18) (from Ch. 37, par. 804-18) | ||||||
15 | Sec. 4-18. Continuance under supervision. | ||||||
16 | (1) The court may enter an order of continuance under | ||||||
17 | supervision (a) upon an admission or stipulation by the | ||||||
18 | appropriate respondent or minor respondent of the facts | ||||||
19 | supporting the petition and before proceeding to findings and | ||||||
20 | adjudication, or after hearing the evidence at the | ||||||
21 | adjudicatory hearing but before noting in the minutes of the | ||||||
22 | proceeding a finding of whether or not the minor is an addict, | ||||||
23 | and (b) in the absence of objection made in open court by the | ||||||
24 | minor, the minor's parent, guardian, custodian, responsible | ||||||
25 | relative, or defense attorney , or the State's Attorney. |
| |||||||
| |||||||
1 | (2) If the minor, the minor's parent, guardian, custodian, | ||||||
2 | responsible relative, or defense attorney , or the State's | ||||||
3 | Attorney , objects in open court to any such continuance and | ||||||
4 | insists upon proceeding to findings and adjudication, the | ||||||
5 | court shall so proceed. | ||||||
6 | (3) Nothing in this Section limits the power of the court | ||||||
7 | to order a continuance of the hearing for the production of | ||||||
8 | additional evidence or for any other proper reason. | ||||||
9 | (4) When a hearing is continued pursuant to this Section, | ||||||
10 | the court may permit the minor to remain in the minor's home | ||||||
11 | subject to such conditions concerning the minor's conduct and | ||||||
12 | supervision as the court may require by order. | ||||||
13 | (5) If a petition is filed charging a violation of a | ||||||
14 | condition of the continuance under supervision, the court | ||||||
15 | shall conduct a hearing. If the court finds that such | ||||||
16 | condition of supervision has not been fulfilled the court may | ||||||
17 | proceed to findings and adjudication and disposition. The | ||||||
18 | filing of a petition for violation of a condition of the | ||||||
19 | continuance under supervision shall toll the period of | ||||||
20 | continuance under supervision until the final determination of | ||||||
21 | the charge, and the term of the continuance under supervision | ||||||
22 | shall not run until the hearing and disposition of the | ||||||
23 | petition for violation; provided where the petition alleges | ||||||
24 | conduct that does not constitute a criminal offense, the | ||||||
25 | hearing must be held within 15 days of the filing of the | ||||||
26 | petition unless a delay in such hearing has been occasioned by |
| |||||||
| |||||||
1 | the minor, in which case the delay shall continue the tolling | ||||||
2 | of the period of continuance under supervision for the period | ||||||
3 | of such delay. | ||||||
4 | (6) (Blank). | ||||||
5 | (Source: P.A. 103-22, eff. 8-8-23; 103-379, eff. 7-28-23; | ||||||
6 | revised 9-6-23.)
| ||||||
7 | (705 ILCS 405/4-21) (from Ch. 37, par. 804-21) | ||||||
8 | Sec. 4-21. Kinds of dispositional orders. | ||||||
9 | (1) A minor found to be addicted under Section 4-3 may be | ||||||
10 | (a) committed to the Department of Children and Family | ||||||
11 | Services, subject to Section 5 of the Children and Family | ||||||
12 | Services Act; (b) placed under supervision and released to the | ||||||
13 | minor's parents, guardian , or legal custodian; (c) placed in | ||||||
14 | accordance with Section 4-25 with or without also being placed | ||||||
15 | under supervision. Conditions of supervision may be modified | ||||||
16 | or terminated by the court if it deems that the best interests | ||||||
17 | of the minor and the public will be served thereby; (d) | ||||||
18 | required to attend an approved alcohol or drug abuse treatment | ||||||
19 | or counseling program on an inpatient or outpatient basis | ||||||
20 | instead of or in addition to the disposition otherwise | ||||||
21 | provided for in this paragraph; (e) ordered partially or | ||||||
22 | completely emancipated in accordance with the provisions of | ||||||
23 | the Emancipation of Minors Act; or (f) subject to having the | ||||||
24 | minor's driver's license or driving privilege suspended for | ||||||
25 | such time as determined by the Court but only until the minor |
| |||||||
| |||||||
1 | attains 18 years of age. No disposition under this subsection | ||||||
2 | shall provide for the minor's placement in a secure facility. | ||||||
3 | (2) Any order of disposition may provide for protective | ||||||
4 | supervision under Section 4-22 and may include an order of | ||||||
5 | protection under Section 4-23. | ||||||
6 | (3) Unless the order of disposition expressly so provides, | ||||||
7 | it does not operate to close proceedings on the pending | ||||||
8 | petition, but is subject to modification until final closing | ||||||
9 | and discharge of the proceedings under Section 4-29. | ||||||
10 | (4) In addition to any other order of disposition, the | ||||||
11 | court may order any minor found to be addicted under this | ||||||
12 | Article as neglected with respect to the minor's injurious | ||||||
13 | behavior, to make restitution, in monetary or non-monetary | ||||||
14 | form, under the terms and conditions of Section 5-5-6 of the | ||||||
15 | Unified Code of Corrections, except that the "presentence | ||||||
16 | hearing" referred to therein shall be the dispositional | ||||||
17 | hearing for purposes of this Section. The parent, guardian , or | ||||||
18 | legal custodian of the minor may pay some or all of such | ||||||
19 | restitution on the minor's behalf. | ||||||
20 | (5) Any order for disposition where the minor is placed in | ||||||
21 | accordance with Section 4-25 shall provide for the parents or | ||||||
22 | guardian of the estate of such minor to pay to the legal | ||||||
23 | custodian or guardian of the person of the minor such sums as | ||||||
24 | are determined by the custodian or guardian of the person of | ||||||
25 | the minor as necessary for the minor's needs. Such payments | ||||||
26 | may not exceed the maximum amounts provided for by Section 9.1 |
| |||||||
| |||||||
1 | of the Children and Family Services Act. | ||||||
2 | (6) Whenever the order of disposition requires the minor | ||||||
3 | to attend school or participate in a program of training, the | ||||||
4 | truant officer or designated school official shall regularly | ||||||
5 | report to the court if the minor is a chronic or habitual | ||||||
6 | truant under Section 26-2a of the School Code. | ||||||
7 | (7) (Blank). | ||||||
8 | (Source: P.A. 103-22, eff. 8-8-23; 103-379, eff. 7-28-23; | ||||||
9 | revised 9-25-23.)
| ||||||
10 | (705 ILCS 405/5-105) | ||||||
11 | Sec. 5-105. Definitions. As used in this Article: | ||||||
12 | (1) "Aftercare release" means the conditional and | ||||||
13 | revocable release of an adjudicated delinquent juvenile | ||||||
14 | committed to the Department of Juvenile Justice under the | ||||||
15 | supervision of the Department of Juvenile Justice. | ||||||
16 | (1.5) "Court" means the circuit court in a session or | ||||||
17 | division assigned to hear proceedings under this Act, and | ||||||
18 | includes the term Juvenile Court. | ||||||
19 | (2) "Community service" means uncompensated labor for | ||||||
20 | a community service agency as hereinafter defined. | ||||||
21 | (2.5) "Community service agency" means a | ||||||
22 | not-for-profit organization, community organization, | ||||||
23 | church, charitable organization, individual, public | ||||||
24 | office, or other public body whose purpose is to enhance | ||||||
25 | the physical or mental health of a delinquent minor or to |
| |||||||
| |||||||
1 | rehabilitate the minor, or to improve the environmental | ||||||
2 | quality or social welfare of the community which agrees to | ||||||
3 | accept community service from juvenile delinquents and to | ||||||
4 | report on the progress of the community service to the | ||||||
5 | State's Attorney pursuant to an agreement or to the court | ||||||
6 | or to any agency designated by the court or to the | ||||||
7 | authorized diversion program that has referred the | ||||||
8 | delinquent minor for community service. | ||||||
9 | (3) "Delinquent minor" means any minor who prior to | ||||||
10 | the minor's 18th birthday has violated or attempted to | ||||||
11 | violate an Illinois State, county, or municipal law or | ||||||
12 | ordinance. | ||||||
13 | (4) "Department" means the Department of Human | ||||||
14 | Services unless specifically referenced as another | ||||||
15 | department. | ||||||
16 | (5) "Detention" means the temporary care of a minor | ||||||
17 | who is alleged to be or has been adjudicated delinquent | ||||||
18 | and who requires secure custody for the minor's own | ||||||
19 | protection or the community's protection in a facility | ||||||
20 | designed to physically restrict the minor's movements, | ||||||
21 | pending disposition by the court or execution of an order | ||||||
22 | of the court for placement or commitment. Design features | ||||||
23 | that physically restrict movement include, but are not | ||||||
24 | limited to, locked rooms and the secure handcuffing of a | ||||||
25 | minor to a rail or other stationary object. In addition, | ||||||
26 | "detention" includes the court ordered care of an alleged |
| |||||||
| |||||||
1 | or adjudicated delinquent minor who requires secure | ||||||
2 | custody pursuant to Section 5-125 of this Act. | ||||||
3 | (6) "Diversion" means the referral of a juvenile, | ||||||
4 | without court intervention, into a program that provides | ||||||
5 | services designed to educate the juvenile and develop a | ||||||
6 | productive and responsible approach to living in the | ||||||
7 | community. | ||||||
8 | (7) "Juvenile detention home" means a public facility | ||||||
9 | with specially trained staff that conforms to the county | ||||||
10 | juvenile detention standards adopted by the Department of | ||||||
11 | Juvenile Justice. | ||||||
12 | (8) "Juvenile justice continuum" means a set of | ||||||
13 | delinquency prevention programs and services designed for | ||||||
14 | the purpose of preventing or reducing delinquent acts, | ||||||
15 | including criminal activity by youth gangs, as well as | ||||||
16 | intervention, rehabilitation, and prevention services | ||||||
17 | targeted at minors who have committed delinquent acts, and | ||||||
18 | minors who have previously been committed to residential | ||||||
19 | treatment programs for delinquents. The term includes | ||||||
20 | children-in-need-of-services and | ||||||
21 | families-in-need-of-services programs; aftercare and | ||||||
22 | reentry services; substance abuse and mental health | ||||||
23 | programs; community service programs; community service | ||||||
24 | work programs; and alternative-dispute resolution programs | ||||||
25 | serving youth-at-risk of delinquency and their families, | ||||||
26 | whether offered or delivered by State or local |
| |||||||
| |||||||
1 | governmental entities, public or private for-profit or | ||||||
2 | not-for-profit organizations, or religious or charitable | ||||||
3 | organizations. This term would also encompass any program | ||||||
4 | or service consistent with the purpose of those programs | ||||||
5 | and services enumerated in this subsection. | ||||||
6 | (9) "Juvenile police officer" means a sworn police | ||||||
7 | officer who has completed a Basic Recruit Training Course, | ||||||
8 | has been assigned to the position of juvenile police | ||||||
9 | officer by the officer's chief law enforcement officer and | ||||||
10 | has completed the necessary juvenile officers training as | ||||||
11 | prescribed by the Illinois Law Enforcement Training | ||||||
12 | Standards Board, or in the case of a State police officer, | ||||||
13 | juvenile officer training approved by the Director of the | ||||||
14 | Illinois State Police. | ||||||
15 | (10) "Minor" means a person under the age of 21 years | ||||||
16 | subject to this Act. | ||||||
17 | (11) "Non-secure custody" means confinement where the | ||||||
18 | minor is not physically restricted by being placed in a | ||||||
19 | locked cell or room, by being handcuffed to a rail or other | ||||||
20 | stationary object, or by other means. " Non-secure custody " | ||||||
21 | may include, but is not limited to, electronic monitoring, | ||||||
22 | foster home placement, home confinement, group home | ||||||
23 | placement, or physical restriction of movement or activity | ||||||
24 | solely through facility staff. | ||||||
25 | (12) "Public or community service" means uncompensated | ||||||
26 | labor for a not-for-profit organization or public body |
| |||||||
| |||||||
1 | whose purpose is to enhance physical or mental stability | ||||||
2 | of the offender, environmental quality or the social | ||||||
3 | welfare and which agrees to accept public or community | ||||||
4 | service from offenders and to report on the progress of | ||||||
5 | the offender and the public or community service to the | ||||||
6 | court or to the authorized diversion program that has | ||||||
7 | referred the offender for public or community service. | ||||||
8 | "Public or community service" does not include blood | ||||||
9 | donation or assignment to labor at a blood bank. For the | ||||||
10 | purposes of this Act, "blood bank" has the meaning | ||||||
11 | ascribed to the term in Section 2-124 of the Illinois | ||||||
12 | Clinical Laboratory and Blood Bank Act. | ||||||
13 | (13) "Sentencing hearing" means a hearing to determine | ||||||
14 | whether a minor should be adjudged a ward of the court , and | ||||||
15 | to determine what sentence should be imposed on the minor. | ||||||
16 | It is the intent of the General Assembly that the term | ||||||
17 | "sentencing hearing" replace the term "dispositional | ||||||
18 | hearing" and be synonymous with that definition as it was | ||||||
19 | used in the Juvenile Court Act of 1987. | ||||||
20 | (14) "Shelter" means the temporary care of a minor in | ||||||
21 | physically unrestricting facilities pending court | ||||||
22 | disposition or execution of court order for placement. | ||||||
23 | (15) "Site" means a not-for-profit organization, | ||||||
24 | public body, church, charitable organization, or | ||||||
25 | individual agreeing to accept community service from | ||||||
26 | offenders and to report on the progress of ordered or |
| |||||||
| |||||||
1 | required public or community service to the court or to | ||||||
2 | the authorized diversion program that has referred the | ||||||
3 | offender for public or community service. | ||||||
4 | (16) "Station adjustment" means the informal or formal | ||||||
5 | handling of an alleged offender by a juvenile police | ||||||
6 | officer. | ||||||
7 | (17) "Trial" means a hearing to determine whether the | ||||||
8 | allegations of a petition under Section 5-520 that a minor | ||||||
9 | is delinquent are proved beyond a reasonable doubt. It is | ||||||
10 | the intent of the General Assembly that the term "trial" | ||||||
11 | replace the term "adjudicatory hearing" and be synonymous | ||||||
12 | with that definition as it was used in the Juvenile Court | ||||||
13 | Act of 1987. | ||||||
14 | The changes made to this Section by Public Act 98-61 apply | ||||||
15 | to violations or attempted violations committed on or after | ||||||
16 | January 1, 2014 (the effective date of Public Act 98-61). | ||||||
17 | (Source: P.A. 102-538, eff. 8-20-21; 103-22, eff. 8-8-23; | ||||||
18 | 103-27, eff. 1-1-24; revised 12-15-23.)
| ||||||
19 | (705 ILCS 405/5-120) | ||||||
20 | Sec. 5-120. Exclusive jurisdiction. Proceedings may be | ||||||
21 | instituted under the provisions of this Article concerning any | ||||||
22 | minor who prior to the minor's 18th birthday has violated or | ||||||
23 | attempted to violate an Illinois State, county, or municipal | ||||||
24 | law or ordinance. Except as provided in Sections 5-125, 5-130, | ||||||
25 | 5-805, and 5-810 of this Article, no minor who was under 18 |
| |||||||
| |||||||
1 | years of age at the time of the alleged offense may be | ||||||
2 | prosecuted under the criminal laws of this State. | ||||||
3 | The changes made to this Section by Public Act 98-61 this | ||||||
4 | amendatory Act of the 98th General Assembly apply to | ||||||
5 | violations or attempted violations committed on or after | ||||||
6 | January 1, 2014 ( the effective date of Public Act 98-61) this | ||||||
7 | amendatory Act . | ||||||
8 | (Source: P.A. 103-22, eff. 8-8-23; 103-27, eff. 1-1-24; | ||||||
9 | revised 12-15-23.)
| ||||||
10 | (705 ILCS 405/5-401.6) | ||||||
11 | Sec. 5-401.6. Prohibition of deceptive tactics. | ||||||
12 | (a) In this Section: | ||||||
13 | "Custodial interrogation" means any interrogation (i) | ||||||
14 | during which a reasonable person in the subject's position | ||||||
15 | would consider the subject to be in custody and (ii) during | ||||||
16 | which a question is asked that is reasonably likely to elicit | ||||||
17 | an incriminating response. | ||||||
18 | "Deception" means the knowing communication of false facts | ||||||
19 | about evidence or unauthorized statements regarding leniency | ||||||
20 | by a law enforcement officer or juvenile officer to a subject | ||||||
21 | of custodial interrogation. | ||||||
22 | "Person with a severe or profound intellectual disability" | ||||||
23 | means a person (i) whose intelligence quotient does not exceed | ||||||
24 | 40 or (ii) whose intelligence quotient does not exceed 55 and | ||||||
25 | who suffers from significant mental illness to the extent that |
| |||||||
| |||||||
1 | the person's ability to exercise rational judgment is | ||||||
2 | impaired. | ||||||
3 | "Place of detention" means a building or a police station | ||||||
4 | that is a place of operation for a municipal police department | ||||||
5 | or county sheriff department or other law enforcement agency | ||||||
6 | at which persons are or may be held in detention in connection | ||||||
7 | with criminal charges against those persons or allegations | ||||||
8 | that those persons are delinquent minors. | ||||||
9 | "Protected person" means: a minor who, at the time of the | ||||||
10 | commission of the offense, was under 18 years of age; or a | ||||||
11 | person with a severe or profound intellectual disability. | ||||||
12 | (b) An oral, written, or sign language confession of a | ||||||
13 | protected person made as a result of a custodial interrogation | ||||||
14 | conducted at a police station or other place of detention on or | ||||||
15 | after January 1, 2022 ( the effective date of Public Act | ||||||
16 | 102-101) this amendatory Act of the 102nd General Assembly | ||||||
17 | shall be presumed to be inadmissible as evidence against the | ||||||
18 | protected person making the confession in a criminal | ||||||
19 | proceeding or a juvenile court proceeding for an act that if | ||||||
20 | committed by an adult would be a misdemeanor offense under | ||||||
21 | Article 11 of the Criminal Code of 2012 or a felony offense | ||||||
22 | under the Criminal Code of 2012 if, during the custodial | ||||||
23 | interrogation, a law enforcement officer or juvenile officer | ||||||
24 | knowingly engages in deception. | ||||||
25 | (c) The presumption of inadmissibility of a confession of | ||||||
26 | a protected person at a custodial interrogation at a police |
| |||||||
| |||||||
1 | station or other place of detention, when such confession is | ||||||
2 | procured through the knowing use of deception, may be overcome | ||||||
3 | by a preponderance of the evidence that the confession was | ||||||
4 | voluntarily given, based on the totality of the circumstances. | ||||||
5 | (d) The burden of going forward with the evidence and the | ||||||
6 | burden of proving that a confession was voluntary shall be on | ||||||
7 | the State. Objection to the failure of the State to call all | ||||||
8 | material witnesses on the issue of whether the confession was | ||||||
9 | voluntary must be made in the trial court. | ||||||
10 | (Source: P.A. 102-101, eff. 1-1-22; 103-22, eff. 8-8-23; | ||||||
11 | 103-341, eff. 1-1-24; revised 12-15-23.)
| ||||||
12 | (705 ILCS 405/5-410) | ||||||
13 | Sec. 5-410. Non-secure custody or detention. | ||||||
14 | (1) Any minor arrested or taken into custody pursuant to | ||||||
15 | this Act who requires care away from the minor's home but who | ||||||
16 | does not require physical restriction shall be given temporary | ||||||
17 | care in a foster family home or other shelter facility | ||||||
18 | designated by the court. | ||||||
19 | (2)(a) Any minor 10 years of age or older arrested | ||||||
20 | pursuant to this Act where there is probable cause to believe | ||||||
21 | that the minor is a delinquent minor and that (i) secure | ||||||
22 | custody is a matter of immediate and urgent necessity for the | ||||||
23 | protection of the minor or of the person or property of | ||||||
24 | another, (ii) the minor is likely to flee the jurisdiction of | ||||||
25 | the court, or (iii) the minor was taken into custody under a |
| |||||||
| |||||||
1 | warrant, may be kept or detained in an authorized detention | ||||||
2 | facility. A minor under 13 years of age shall not be admitted, | ||||||
3 | kept, or detained in a detention facility unless a local youth | ||||||
4 | service provider, including a provider through the | ||||||
5 | Comprehensive Community Based Youth Services network, has been | ||||||
6 | contacted and has not been able to accept the minor. No minor | ||||||
7 | under 12 years of age shall be detained in a county jail or a | ||||||
8 | municipal lockup for more than 6 hours. | ||||||
9 | (a-5) For a minor arrested or taken into custody for | ||||||
10 | vehicular hijacking or aggravated vehicular hijacking, a | ||||||
11 | previous finding of delinquency for vehicular hijacking or | ||||||
12 | aggravated vehicular hijacking shall be given greater weight | ||||||
13 | in determining whether secured custody of a minor is a matter | ||||||
14 | of immediate and urgent necessity for the protection of the | ||||||
15 | minor or of the person or property of another. | ||||||
16 | (b) The written authorization of the probation officer or | ||||||
17 | detention officer (or other public officer designated by the | ||||||
18 | court in a county having 3,000,000 or more inhabitants) | ||||||
19 | constitutes authority for the superintendent of any juvenile | ||||||
20 | detention home to detain and keep a minor for up to 40 hours, | ||||||
21 | excluding Saturdays, Sundays, and court-designated holidays. | ||||||
22 | These records shall be available to the same persons and | ||||||
23 | pursuant to the same conditions as are law enforcement records | ||||||
24 | as provided in Section 5-905. | ||||||
25 | (b-4) The consultation required by paragraph (b-5) shall | ||||||
26 | not be applicable if the probation officer or detention |
| |||||||
| |||||||
1 | officer (or other public officer designated by the court in a | ||||||
2 | county having 3,000,000 or more inhabitants) utilizes a | ||||||
3 | scorable detention screening instrument, which has been | ||||||
4 | developed with input by the State's Attorney, to determine | ||||||
5 | whether a minor should be detained ; , however, paragraph (b-5) | ||||||
6 | shall still be applicable where no such screening instrument | ||||||
7 | is used or where the probation officer, detention officer (or | ||||||
8 | other public officer designated by the court in a county | ||||||
9 | having 3,000,000 or more inhabitants) deviates from the | ||||||
10 | screening instrument. | ||||||
11 | (b-5) Subject to the provisions of paragraph (b-4), if a | ||||||
12 | probation officer or detention officer (or other public | ||||||
13 | officer designated by the court in a county having 3,000,000 | ||||||
14 | or more inhabitants) does not intend to detain a minor for an | ||||||
15 | offense which constitutes one of the following offenses, the | ||||||
16 | probation officer or detention officer (or other public | ||||||
17 | officer designated by the court in a county having 3,000,000 | ||||||
18 | or more inhabitants) shall consult with the State's Attorney's | ||||||
19 | Office prior to the release of the minor: first degree murder, | ||||||
20 | second degree murder, involuntary manslaughter, criminal | ||||||
21 | sexual assault, aggravated criminal sexual assault, aggravated | ||||||
22 | battery with a firearm as described in Section 12-4.2 or | ||||||
23 | subdivision (e)(1), (e)(2), (e)(3), or (e)(4) of Section | ||||||
24 | 12-3.05, aggravated or heinous battery involving permanent | ||||||
25 | disability or disfigurement or great bodily harm, robbery, | ||||||
26 | aggravated robbery, armed robbery, vehicular hijacking, |
| |||||||
| |||||||
1 | aggravated vehicular hijacking, vehicular invasion, arson, | ||||||
2 | aggravated arson, kidnapping, aggravated kidnapping, home | ||||||
3 | invasion, burglary, or residential burglary. | ||||||
4 | (c) Except as otherwise provided in paragraph (a), (d), or | ||||||
5 | (e), no minor shall be detained in a county jail or municipal | ||||||
6 | lockup for more than 12 hours, unless the offense is a crime of | ||||||
7 | violence in which case the minor may be detained up to 24 | ||||||
8 | hours. For the purpose of this paragraph, "crime of violence" | ||||||
9 | has the meaning ascribed to it in Section 1-10 of the Substance | ||||||
10 | Use Disorder Act Alcoholism and Other Drug Abuse and | ||||||
11 | Dependency Act . | ||||||
12 | (i) The period of detention is deemed to have begun | ||||||
13 | once the minor has been placed in a locked room or cell or | ||||||
14 | handcuffed to a stationary object in a building housing a | ||||||
15 | county jail or municipal lockup. Time spent transporting a | ||||||
16 | minor is not considered to be time in detention or secure | ||||||
17 | custody. | ||||||
18 | (ii) Any minor so confined shall be under periodic | ||||||
19 | supervision and shall not be permitted to come into or | ||||||
20 | remain in contact with adults in custody in the building. | ||||||
21 | (iii) Upon placement in secure custody in a jail or | ||||||
22 | lockup, the minor shall be informed of the purpose of the | ||||||
23 | detention, the time it is expected to last and the fact | ||||||
24 | that it cannot exceed the time specified under this Act. | ||||||
25 | (iv) A log shall be kept which shows the offense which | ||||||
26 | is the basis for the detention, the reasons and |
| |||||||
| |||||||
1 | circumstances for the decision to detain, and the length | ||||||
2 | of time the minor was in detention. | ||||||
3 | (v) Violation of the time limit on detention in a | ||||||
4 | county jail or municipal lockup shall not, in and of | ||||||
5 | itself, render inadmissible evidence obtained as a result | ||||||
6 | of the violation of this time limit. Minors under 18 years | ||||||
7 | of age shall be kept separate from confined adults and may | ||||||
8 | not at any time be kept in the same cell, room, or yard | ||||||
9 | with adults confined pursuant to criminal law. Persons 18 | ||||||
10 | years of age and older who have a petition of delinquency | ||||||
11 | filed against them may be confined in an adult detention | ||||||
12 | facility. In making a determination whether to confine a | ||||||
13 | person 18 years of age or older who has a petition of | ||||||
14 | delinquency filed against the person, these factors, among | ||||||
15 | other matters, shall be considered: | ||||||
16 | (A) the age of the person; | ||||||
17 | (B) any previous delinquent or criminal history of | ||||||
18 | the person; | ||||||
19 | (C) any previous abuse or neglect history of the | ||||||
20 | person; and | ||||||
21 | (D) any mental health or educational history of | ||||||
22 | the person, or both. | ||||||
23 | (d)(i) If a minor 12 years of age or older is confined in a | ||||||
24 | county jail in a county with a population below 3,000,000 | ||||||
25 | inhabitants, then the minor's confinement shall be implemented | ||||||
26 | in such a manner that there will be no contact by sight, sound, |
| |||||||
| |||||||
1 | or otherwise between the minor and adult prisoners. Minors 12 | ||||||
2 | years of age or older must be kept separate from confined | ||||||
3 | adults and may not at any time be kept in the same cell, room, | ||||||
4 | or yard with confined adults. This paragraph (d)(i) shall only | ||||||
5 | apply to confinement pending an adjudicatory hearing and shall | ||||||
6 | not exceed 40 hours, excluding Saturdays, Sundays, and | ||||||
7 | court-designated holidays. To accept or hold minors during | ||||||
8 | this time period, county jails shall comply with all | ||||||
9 | monitoring standards adopted by the Department of Corrections | ||||||
10 | and training standards approved by the Illinois Law | ||||||
11 | Enforcement Training Standards Board. | ||||||
12 | (ii) To accept or hold minors, 12 years of age or older, | ||||||
13 | after the time period prescribed in paragraph (d)(i) of this | ||||||
14 | subsection (2) of this Section but not exceeding 7 days | ||||||
15 | including Saturdays, Sundays, and holidays pending an | ||||||
16 | adjudicatory hearing, county jails shall comply with all | ||||||
17 | temporary detention standards adopted by the Department of | ||||||
18 | Corrections and training standards approved by the Illinois | ||||||
19 | Law Enforcement Training Standards Board. | ||||||
20 | (iii) To accept or hold minors 12 years of age or older, | ||||||
21 | after the time period prescribed in paragraphs (d)(i) and | ||||||
22 | (d)(ii) of this subsection (2) of this Section, county jails | ||||||
23 | shall comply with all county juvenile detention standards | ||||||
24 | adopted by the Department of Juvenile Justice. | ||||||
25 | (e) When a minor who is at least 15 years of age is | ||||||
26 | prosecuted under the criminal laws of this State, the court |
| |||||||
| |||||||
1 | may enter an order directing that the juvenile be confined in | ||||||
2 | the county jail. However, any juvenile confined in the county | ||||||
3 | jail under this provision shall be separated from adults who | ||||||
4 | are confined in the county jail in such a manner that there | ||||||
5 | will be no contact by sight, sound , or otherwise between the | ||||||
6 | juvenile and adult prisoners. | ||||||
7 | (f) For purposes of appearing in a physical lineup, the | ||||||
8 | minor may be taken to a county jail or municipal lockup under | ||||||
9 | the direct and constant supervision of a juvenile police | ||||||
10 | officer. During such time as is necessary to conduct a lineup, | ||||||
11 | and while supervised by a juvenile police officer, the sight | ||||||
12 | and sound separation provisions shall not apply. | ||||||
13 | (g) For purposes of processing a minor, the minor may be | ||||||
14 | taken to a county jail or municipal lockup under the direct and | ||||||
15 | constant supervision of a law enforcement officer or | ||||||
16 | correctional officer. During such time as is necessary to | ||||||
17 | process the minor, and while supervised by a law enforcement | ||||||
18 | officer or correctional officer, the sight and sound | ||||||
19 | separation provisions shall not apply. | ||||||
20 | (3) If the probation officer or State's Attorney (or such | ||||||
21 | other public officer designated by the court in a county | ||||||
22 | having 3,000,000 or more inhabitants) determines that the | ||||||
23 | minor may be a delinquent minor as described in subsection (3) | ||||||
24 | of Section 5-105, and should be retained in custody but does | ||||||
25 | not require physical restriction, the minor may be placed in | ||||||
26 | non-secure custody for up to 40 hours pending a detention |
| |||||||
| |||||||
1 | hearing. | ||||||
2 | (4) Any minor taken into temporary custody, not requiring | ||||||
3 | secure detention, may, however, be detained in the home of the | ||||||
4 | minor's parent or guardian subject to such conditions as the | ||||||
5 | court may impose. | ||||||
6 | (5) The changes made to this Section by Public Act 98-61 | ||||||
7 | apply to a minor who has been arrested or taken into custody on | ||||||
8 | or after January 1, 2014 (the effective date of Public Act | ||||||
9 | 98-61). | ||||||
10 | (Source: P.A. 103-22, eff. 8-8-23; revised 9-20-23.)
| ||||||
11 | (705 ILCS 405/5-525) | ||||||
12 | Sec. 5-525. Service. | ||||||
13 | (1) Service by summons. | ||||||
14 | (a) Upon the commencement of a delinquency | ||||||
15 | prosecution, the clerk of the court shall issue a summons | ||||||
16 | with a copy of the petition attached. The summons shall be | ||||||
17 | directed to the minor's parent, guardian or legal | ||||||
18 | custodian and to each person named as a respondent in the | ||||||
19 | petition, except that summons need not be directed (i) to | ||||||
20 | a minor respondent under 8 years of age for whom the court | ||||||
21 | appoints a guardian ad litem if the guardian ad litem | ||||||
22 | appears on behalf of the minor in any proceeding under | ||||||
23 | this Act, or (ii) to a parent who does not reside with the | ||||||
24 | minor, does not make regular child support payments to the | ||||||
25 | minor, to the minor's other parent, or to the minor's |
| |||||||
| |||||||
1 | legal guardian or custodian pursuant to a support order, | ||||||
2 | and has not communicated with the minor on a regular | ||||||
3 | basis. | ||||||
4 | (b) The summons must contain a statement that the | ||||||
5 | minor is entitled to have an attorney present at the | ||||||
6 | hearing on the petition, and that the clerk of the court | ||||||
7 | should be notified promptly if the minor desires to be | ||||||
8 | represented by an attorney but is financially unable to | ||||||
9 | employ counsel. | ||||||
10 | (c) The summons shall be issued under the seal of the | ||||||
11 | court, attested in and signed with the name of the clerk of | ||||||
12 | the court, dated on the day it is issued, and shall require | ||||||
13 | each respondent to appear and answer the petition on the | ||||||
14 | date set for the adjudicatory hearing. | ||||||
15 | (d) The summons may be served by any law enforcement | ||||||
16 | officer, coroner or probation officer, even though the | ||||||
17 | officer is the petitioner. The return of the summons with | ||||||
18 | endorsement of service by the officer is sufficient proof | ||||||
19 | of service. | ||||||
20 | (e) Service of a summons and petition shall be made | ||||||
21 | by: (i) leaving a copy of the summons and petition with the | ||||||
22 | person summoned at least 3 days before the time stated in | ||||||
23 | the summons for appearance; (ii) leaving a copy at the | ||||||
24 | summoned person's usual place of abode with some person of | ||||||
25 | the family, of the age of 10 years or upwards, and | ||||||
26 | informing that person of the contents of the summons and |
| |||||||
| |||||||
1 | petition, provided, the officer or other person making | ||||||
2 | service shall also send a copy of the summons in a sealed | ||||||
3 | envelope with postage fully prepaid, addressed to the | ||||||
4 | person summoned at the person's usual place of abode, at | ||||||
5 | least 3 days before the time stated in the summons for | ||||||
6 | appearance; or (iii) leaving a copy of the summons and | ||||||
7 | petition with the guardian or custodian of a minor, at | ||||||
8 | least 3 days before the time stated in the summons for | ||||||
9 | appearance. If the guardian or legal custodian is an | ||||||
10 | agency of the State of Illinois, proper service may be | ||||||
11 | made by leaving a copy of the summons and petition with any | ||||||
12 | administrative employee of the agency designated by the | ||||||
13 | agency to accept the service of summons and petitions. The | ||||||
14 | certificate of the officer or affidavit of the person that | ||||||
15 | the officer or person has sent the copy pursuant to this | ||||||
16 | Section is sufficient proof of service. | ||||||
17 | (f) When a parent or other person, who has signed a | ||||||
18 | written promise to appear and bring the minor to court or | ||||||
19 | who has waived or acknowledged service, fails to appear | ||||||
20 | with the minor on the date set by the court, a bench | ||||||
21 | warrant may be issued for the parent or other person, the | ||||||
22 | minor, or both. | ||||||
23 | (2) Service by certified mail or publication. | ||||||
24 | (a) If service on individuals as provided in | ||||||
25 | subsection (1) is not made on any respondent within a | ||||||
26 | reasonable time or if it appears that any respondent |
| |||||||
| |||||||
1 | resides outside the State, service may be made by | ||||||
2 | certified mail. In that case the clerk shall mail the | ||||||
3 | summons and a copy of the petition to that respondent by | ||||||
4 | certified mail marked for delivery to addressee only. The | ||||||
5 | court shall not proceed with the adjudicatory hearing | ||||||
6 | until 5 days after the mailing. The regular return receipt | ||||||
7 | for certified mail is sufficient proof of service. | ||||||
8 | (b) If service upon individuals as provided in | ||||||
9 | subsection (1) is not made on any respondents within a | ||||||
10 | reasonable time or if any person is made a respondent | ||||||
11 | under the designation of "All Whom It May Concern", or if | ||||||
12 | service cannot be made because the whereabouts of a | ||||||
13 | respondent are unknown, service may be made by | ||||||
14 | publication. The clerk of the court as soon as possible | ||||||
15 | shall cause publication to be made once in a newspaper of | ||||||
16 | general circulation in the county where the action is | ||||||
17 | pending. Service by publication is not required in any | ||||||
18 | case when the person alleged to have legal custody of the | ||||||
19 | minor has been served with summons personally or by | ||||||
20 | certified mail, but the court may not enter any order or | ||||||
21 | judgment against any person who cannot be served with | ||||||
22 | process other than by publication unless service by | ||||||
23 | publication is given or unless that person appears. | ||||||
24 | Failure to provide service by publication to a | ||||||
25 | non-custodial parent whose whereabouts are unknown shall | ||||||
26 | not deprive the court of jurisdiction to proceed with a |
| |||||||
| |||||||
1 | trial or a plea of delinquency by the minor. When a minor | ||||||
2 | has been detained or sheltered under Section 5-501 of this | ||||||
3 | Act and summons has not been served personally or by | ||||||
4 | certified mail within 20 days from the date of the order of | ||||||
5 | court directing such detention or shelter care, the clerk | ||||||
6 | of the court shall cause publication. Service by | ||||||
7 | publication shall be substantially as follows: | ||||||
8 | "A, B, C, D, (here giving the names of the named | ||||||
9 | respondents, if any) and to All Whom It May Concern (if | ||||||
10 | there is any respondent under that designation): | ||||||
11 | Take notice that on (insert date) a petition was | ||||||
12 | filed under the Juvenile Court Act of 1987 by .... in | ||||||
13 | the circuit court of .... county entitled 'In the | ||||||
14 | interest of ...., a minor', and that in .... courtroom | ||||||
15 | at .... on (insert date) at the hour of ...., or as | ||||||
16 | soon thereafter as this cause may be heard, an | ||||||
17 | adjudicatory hearing will be held upon the petition to | ||||||
18 | have the child declared to be a ward of the court under | ||||||
19 | that Act. The court has authority in this proceeding | ||||||
20 | to take from you the custody and guardianship of the | ||||||
21 | minor. | ||||||
22 | Now, unless you appear at the hearing and show | ||||||
23 | cause against the petition, the allegations of the | ||||||
24 | petition may stand admitted as against you and each of | ||||||
25 | you, and an order or judgment entered. | ||||||
26 | ........................................
|
| |||||||
| |||||||
1 | Clerk
| ||||||
2 | Dated (insert the date of publication)" | ||||||
3 | (c) The clerk shall also at the time of the | ||||||
4 | publication of the notice send a copy of the notice by mail | ||||||
5 | to each of the respondents on account of whom publication | ||||||
6 | is made at each respondent's last known address. The | ||||||
7 | certificate of the clerk that the clerk has mailed the | ||||||
8 | notice is evidence of that mailing. No other publication | ||||||
9 | notice is required. Every respondent notified by | ||||||
10 | publication under this Section must appear and answer in | ||||||
11 | open court at the hearing. The court may not proceed with | ||||||
12 | the adjudicatory hearing until 10 days after service by | ||||||
13 | publication on any custodial parent, guardian or legal | ||||||
14 | custodian of a minor alleged to be delinquent. | ||||||
15 | (d) If it becomes necessary to change the date set for | ||||||
16 | the hearing in order to comply with this Section, notice | ||||||
17 | of the resetting of the date must be given, by certified | ||||||
18 | mail or other reasonable means, to each respondent who has | ||||||
19 | been served with summons personally or by certified mail. | ||||||
20 | (3) Once jurisdiction has been established over a party, | ||||||
21 | further service is not required and notice of any subsequent | ||||||
22 | proceedings in that prosecution shall be made in accordance | ||||||
23 | with provisions of Section 5-530. | ||||||
24 | (4) The appearance of the minor's parent, guardian , or | ||||||
25 | legal custodian, or a person named as a respondent in a | ||||||
26 | petition, in any proceeding under this Act shall constitute a |
| |||||||
| |||||||
1 | waiver of service and submission to the jurisdiction of the | ||||||
2 | court. A copy of the petition shall be provided to the person | ||||||
3 | at the time of the person's appearance. | ||||||
4 | (5) Fines or assessments, such as fees or administrative | ||||||
5 | costs in the service of process, shall not be ordered or | ||||||
6 | imposed on a minor or a minor's parent, guardian, or legal | ||||||
7 | custodian. | ||||||
8 | (Source: P.A. 103-22, eff. 8-8-23; 103-379, eff. 7-28-23; | ||||||
9 | revised 9-11-23.)
| ||||||
10 | (705 ILCS 405/5-601) | ||||||
11 | Sec. 5-601. Trial. | ||||||
12 | (1) When a petition has been filed alleging that the minor | ||||||
13 | is a delinquent, a trial must be held within 120 days of a | ||||||
14 | written demand for such hearing made by any party, except that | ||||||
15 | when the State, without success, has exercised due diligence | ||||||
16 | to obtain evidence material to the case and there are | ||||||
17 | reasonable grounds to believe that the evidence may be | ||||||
18 | obtained at a later date, the court may, upon motion by the | ||||||
19 | State, continue the trial for not more than 30 additional | ||||||
20 | days. | ||||||
21 | (2) If a minor respondent has multiple delinquency | ||||||
22 | petitions pending against the minor in the same county and | ||||||
23 | simultaneously demands a trial upon more than one delinquency | ||||||
24 | petition pending against the minor in the same county, the | ||||||
25 | minor shall receive a trial or have a finding, after waiver of |
| |||||||
| |||||||
1 | trial, upon at least one such petition before expiration | ||||||
2 | relative to any of the pending petitions of the period | ||||||
3 | described by this Section. All remaining petitions thus | ||||||
4 | pending against the minor respondent shall be adjudicated | ||||||
5 | within 160 days from the date on which a finding relative to | ||||||
6 | the first petition prosecuted is rendered under Section 5-620 | ||||||
7 | of this Article, or, if the trial upon the first petition is | ||||||
8 | terminated without a finding and there is no subsequent trial, | ||||||
9 | or adjudication after waiver of trial, on the first petition | ||||||
10 | within a reasonable time, the minor shall receive a trial upon | ||||||
11 | all of the remaining petitions within 160 days from the date on | ||||||
12 | which the trial, or finding after waiver of trial, on the first | ||||||
13 | petition is concluded. If either such period of 160 days | ||||||
14 | expires without the commencement of trial, or adjudication | ||||||
15 | after waiver of trial, of any of the remaining pending | ||||||
16 | petitions, the petition or petitions shall be dismissed and | ||||||
17 | barred for want of prosecution unless the delay is occasioned | ||||||
18 | by any of the reasons described in this Section. | ||||||
19 | (3) When no such trial is held within the time required by | ||||||
20 | subsections (1) and (2) of this Section, the court shall, upon | ||||||
21 | motion by any party, dismiss the petition with prejudice. | ||||||
22 | (4) Without affecting the applicability of the tolling and | ||||||
23 | multiple prosecution provisions of subsections (8) and (2) of | ||||||
24 | this Section when a petition has been filed alleging that the | ||||||
25 | minor is a delinquent and the minor is in detention or shelter | ||||||
26 | care, the trial shall be held within 30 calendar days after the |
| |||||||
| |||||||
1 | date of the order directing detention or shelter care, or the | ||||||
2 | earliest possible date in compliance with the provisions of | ||||||
3 | Section 5-525 as to the custodial parent, guardian , or legal | ||||||
4 | custodian, but no later than 45 calendar days from the date of | ||||||
5 | the order of the court directing detention or shelter care. | ||||||
6 | When the petition alleges the minor has committed an offense | ||||||
7 | involving a controlled substance as defined in the Illinois | ||||||
8 | Controlled Substances Act or methamphetamine as defined in the | ||||||
9 | Methamphetamine Control and Community Protection Act, the | ||||||
10 | court may, upon motion of the State, continue the trial for | ||||||
11 | receipt of a confirmatory laboratory report for up to 45 days | ||||||
12 | after the date of the order directing detention or shelter | ||||||
13 | care. When the petition alleges the minor committed an offense | ||||||
14 | that involves the death of, great bodily harm to or sexual | ||||||
15 | assault or aggravated criminal sexual abuse on a victim, the | ||||||
16 | court may, upon motion of the State, continue the trial for not | ||||||
17 | more than 70 calendar days after the date of the order | ||||||
18 | directing detention or shelter care. | ||||||
19 | Any failure to comply with the time limits of this Section | ||||||
20 | shall require the immediate release of the minor from | ||||||
21 | detention, and the time limits set forth in subsections (1) | ||||||
22 | and (2) shall apply. | ||||||
23 | (5) If the court determines that the State, without | ||||||
24 | success, has exercised due diligence to obtain the results of | ||||||
25 | DNA testing that is material to the case, and that there are | ||||||
26 | reasonable grounds to believe that the results may be obtained |
| |||||||
| |||||||
1 | at a later date, the court may continue the cause on | ||||||
2 | application of the State for not more than 120 additional | ||||||
3 | days. The court may also extend the period of detention of the | ||||||
4 | minor for not more than 120 additional days. | ||||||
5 | (6) If the State's Attorney makes a written request that a | ||||||
6 | proceeding be designated an extended juvenile jurisdiction | ||||||
7 | prosecution, and the minor is in detention, the period the | ||||||
8 | minor can be held in detention pursuant to subsection (4), | ||||||
9 | shall be extended an additional 30 days after the court | ||||||
10 | determines whether the proceeding will be designated an | ||||||
11 | extended juvenile jurisdiction prosecution or the State's | ||||||
12 | Attorney withdraws the request for extended juvenile | ||||||
13 | jurisdiction prosecution. | ||||||
14 | (7) When the State's Attorney files a motion for waiver of | ||||||
15 | jurisdiction pursuant to Section 5-805, and the minor is in | ||||||
16 | detention, the period the minor can be held in detention | ||||||
17 | pursuant to subsection (4), shall be extended an additional 30 | ||||||
18 | days if the court denies motion for waiver of jurisdiction or | ||||||
19 | the State's Attorney withdraws the motion for waiver of | ||||||
20 | jurisdiction. | ||||||
21 | (8) The period in which a trial shall be held as prescribed | ||||||
22 | by subsection subsections (1), (2), (3), (4), (5), (6), or (7) | ||||||
23 | of this Section is tolled by: (i) delay occasioned by the | ||||||
24 | minor; (ii) a continuance allowed pursuant to Section 114-4 of | ||||||
25 | the Code of Criminal Procedure of 1963 after the court's | ||||||
26 | determination of the minor's incapacity for trial; (iii) an |
| |||||||
| |||||||
1 | interlocutory appeal; (iv) an examination of fitness ordered | ||||||
2 | pursuant to Section 104-13 of the Code of Criminal Procedure | ||||||
3 | of 1963; (v) a fitness hearing; or (vi) an adjudication of | ||||||
4 | unfitness for trial. Any such delay shall temporarily suspend, | ||||||
5 | for the time of the delay, the period within which a trial must | ||||||
6 | be held as prescribed by subsections (1), (2), (4), (5), and | ||||||
7 | (6) of this Section. On the day of expiration of the delays , | ||||||
8 | the period shall continue at the point at which the time was | ||||||
9 | suspended. | ||||||
10 | (9) Nothing in this Section prevents the minor or the | ||||||
11 | minor's parents, guardian , or legal custodian from exercising | ||||||
12 | their respective rights to waive the time limits set forth in | ||||||
13 | this Section. | ||||||
14 | (Source: P.A. 103-22, eff. 8-8-23; revised 9-20-23.)
| ||||||
15 | (705 ILCS 405/5-610) | ||||||
16 | Sec. 5-610. Guardian ad litem and appointment of attorney. | ||||||
17 | (1) The court may appoint a guardian ad litem for the minor | ||||||
18 | whenever it finds that there may be a conflict of interest | ||||||
19 | between the minor and the minor's parent, guardian , or legal | ||||||
20 | custodian or that it is otherwise in the minor's interest to do | ||||||
21 | so. | ||||||
22 | (2) Unless the guardian ad litem is an attorney, the | ||||||
23 | guardian ad litem shall be represented by counsel. | ||||||
24 | (3) The reasonable fees of a guardian ad litem appointed | ||||||
25 | under this Section shall be fixed by the court and paid from |
| |||||||
| |||||||
1 | the general fund of the county. | ||||||
2 | (4) If, during the court proceedings, the parents, | ||||||
3 | guardian, or legal custodian prove that the minor has an | ||||||
4 | actual conflict of interest with the minor in that delinquency | ||||||
5 | proceeding and that the parents, guardian, or legal custodian | ||||||
6 | are indigent, the court shall appoint a separate attorney for | ||||||
7 | that parent, guardian, or legal custodian. | ||||||
8 | (5) A guardian ad litem appointed under this Section for a | ||||||
9 | minor who is in the custody or guardianship of the Department | ||||||
10 | of Children and Family Services or who has an open intact | ||||||
11 | family services case with the Department of Children and | ||||||
12 | Family Services is entitled to receive copies of any and all | ||||||
13 | classified reports of child abuse or neglect made pursuant to | ||||||
14 | the Abused and Neglected Child Reporting Act in which the | ||||||
15 | minor, who is the subject of the report under the Abused and | ||||||
16 | Neglected Child Reporting Act, is also a minor for whom the | ||||||
17 | guardian ad litem is appointed under this Act. The Department | ||||||
18 | of Children and Family Services' obligation under this | ||||||
19 | subsection to provide reports to a guardian ad litem for a | ||||||
20 | minor with an open intact family services case applies only if | ||||||
21 | the guardian ad litem notified the Department in writing of | ||||||
22 | the representation. | ||||||
23 | (Source: P.A. 103-22, eff. 8-8-23; 103-379, eff. 7-28-23; | ||||||
24 | revised 9-11-23.)
| ||||||
25 | (705 ILCS 405/5-615) |
| |||||||
| |||||||
1 | Sec. 5-615. Continuance under supervision. | ||||||
2 | (1) The court may enter an order of continuance under | ||||||
3 | supervision for an offense other than first degree murder, a | ||||||
4 | Class X felony or a forcible felony: | ||||||
5 | (a) upon an admission or stipulation by the | ||||||
6 | appropriate respondent or minor respondent of the facts | ||||||
7 | supporting the petition and before the court makes a | ||||||
8 | finding of delinquency, and in the absence of objection | ||||||
9 | made in open court by the minor, the minor's parent, | ||||||
10 | guardian, or legal custodian, the minor's attorney , or the | ||||||
11 | State's Attorney; or | ||||||
12 | (b) upon a finding of delinquency and after | ||||||
13 | considering the circumstances of the offense and the | ||||||
14 | history, character, and condition of the minor, if the | ||||||
15 | court is of the opinion that: | ||||||
16 | (i) the minor is not likely to commit further | ||||||
17 | crimes; | ||||||
18 | (ii) the minor and the public would be best served | ||||||
19 | if the minor were not to receive a criminal record; and | ||||||
20 | (iii) in the best interests of justice an order of | ||||||
21 | continuance under supervision is more appropriate than | ||||||
22 | a sentence otherwise permitted under this Act. | ||||||
23 | (2) (Blank). | ||||||
24 | (3) Nothing in this Section limits the power of the court | ||||||
25 | to order a continuance of the hearing for the production of | ||||||
26 | additional evidence or for any other proper reason. |
| |||||||
| |||||||
1 | (4) When a hearing where a minor is alleged to be a | ||||||
2 | delinquent is continued pursuant to this Section, the period | ||||||
3 | of continuance under supervision may not exceed 24 months. The | ||||||
4 | court may terminate a continuance under supervision at any | ||||||
5 | time if warranted by the conduct of the minor and the ends of | ||||||
6 | justice or vacate the finding of delinquency or both. | ||||||
7 | (5) When a hearing where a minor is alleged to be | ||||||
8 | delinquent is continued pursuant to this Section, the court | ||||||
9 | may, as conditions of the continuance under supervision, | ||||||
10 | require the minor to do any of the following: | ||||||
11 | (a) not violate any criminal statute of any | ||||||
12 | jurisdiction; | ||||||
13 | (b) make a report to and appear in person before any | ||||||
14 | person or agency as directed by the court; | ||||||
15 | (c) work or pursue a course of study or vocational | ||||||
16 | training; | ||||||
17 | (d) undergo medical or psychotherapeutic treatment | ||||||
18 | rendered by a therapist licensed under the provisions of | ||||||
19 | the Medical Practice Act of 1987, the Clinical | ||||||
20 | Psychologist Licensing Act, or the Clinical Social Work | ||||||
21 | and Social Work Practice Act, or an entity licensed by the | ||||||
22 | Department of Human Services as a successor to the | ||||||
23 | Department of Alcoholism and Substance Abuse, for the | ||||||
24 | provision of substance use disorder services as defined in | ||||||
25 | Section 1-10 of the Substance Use Disorder Act; | ||||||
26 | (e) attend or reside in a facility established for the |
| |||||||
| |||||||
1 | instruction or residence of persons on probation; | ||||||
2 | (f) support the minor's dependents, if any; | ||||||
3 | (g) (blank); | ||||||
4 | (h) refrain from possessing a firearm or other | ||||||
5 | dangerous weapon, or an automobile; | ||||||
6 | (i) permit the probation officer to visit the minor at | ||||||
7 | the minor's home or elsewhere; | ||||||
8 | (j) reside with the minor's parents or in a foster | ||||||
9 | home; | ||||||
10 | (k) attend school; | ||||||
11 | (k-5) with the consent of the superintendent of the | ||||||
12 | facility, attend an educational program at a facility | ||||||
13 | other than the school in which the offense was committed | ||||||
14 | if the minor committed a crime of violence as defined in | ||||||
15 | Section 2 of the Crime Victims Compensation Act in a | ||||||
16 | school, on the real property comprising a school, or | ||||||
17 | within 1,000 feet of the real property comprising a | ||||||
18 | school; | ||||||
19 | (l) attend a non-residential program for youth; | ||||||
20 | (m) provide nonfinancial contributions to the minor's | ||||||
21 | own support at home or in a foster home; | ||||||
22 | (n) perform some reasonable public or community | ||||||
23 | service that does not interfere with school hours, | ||||||
24 | school-related activities, or work commitments of the | ||||||
25 | minor or the minor's parent, guardian, or legal custodian; | ||||||
26 | (o) make restitution to the victim, in the same manner |
| |||||||
| |||||||
1 | and under the same conditions as provided in subsection | ||||||
2 | (4) of Section 5-710, except that the "sentencing hearing" | ||||||
3 | referred to in that Section shall be the adjudicatory | ||||||
4 | hearing for purposes of this Section; | ||||||
5 | (p) comply with curfew requirements as designated by | ||||||
6 | the court; | ||||||
7 | (q) refrain from entering into a designated geographic | ||||||
8 | area except upon terms as the court finds appropriate. The | ||||||
9 | terms may include consideration of the purpose of the | ||||||
10 | entry, the time of day, other persons accompanying the | ||||||
11 | minor, and advance approval by a probation officer; | ||||||
12 | (r) refrain from having any contact, directly or | ||||||
13 | indirectly, with certain specified persons or particular | ||||||
14 | types of persons, including , but not limited to , members | ||||||
15 | of street gangs and drug users or dealers; | ||||||
16 | (r-5) undergo a medical or other procedure to have a | ||||||
17 | tattoo symbolizing allegiance to a street gang removed | ||||||
18 | from the minor's body; | ||||||
19 | (s) refrain from having in the minor's body the | ||||||
20 | presence of any illicit drug prohibited by the Cannabis | ||||||
21 | Control Act, the Illinois Controlled Substances Act, or | ||||||
22 | the Methamphetamine Control and Community Protection Act, | ||||||
23 | unless prescribed by a physician, and submit samples of | ||||||
24 | the minor's blood or urine or both for tests to determine | ||||||
25 | the presence of any illicit drug; or | ||||||
26 | (t) comply with any other conditions as may be ordered |
| |||||||
| |||||||
1 | by the court. | ||||||
2 | (6) A minor whose case is continued under supervision | ||||||
3 | under subsection (5) shall be given a certificate setting | ||||||
4 | forth the conditions imposed by the court. Those conditions | ||||||
5 | may be reduced, enlarged, or modified by the court on motion of | ||||||
6 | the probation officer or on its own motion, or that of the | ||||||
7 | State's Attorney, or, at the request of the minor after notice | ||||||
8 | and hearing. | ||||||
9 | (7) If a petition is filed charging a violation of a | ||||||
10 | condition of the continuance under supervision, the court | ||||||
11 | shall conduct a hearing. If the court finds that a condition of | ||||||
12 | supervision has not been fulfilled, the court may proceed to | ||||||
13 | findings, adjudication, and disposition or adjudication and | ||||||
14 | disposition. The filing of a petition for violation of a | ||||||
15 | condition of the continuance under supervision shall toll the | ||||||
16 | period of continuance under supervision until the final | ||||||
17 | determination of the charge, and the term of the continuance | ||||||
18 | under supervision shall not run until the hearing and | ||||||
19 | disposition of the petition for violation; provided where the | ||||||
20 | petition alleges conduct that does not constitute a criminal | ||||||
21 | offense, the hearing must be held within 30 days of the filing | ||||||
22 | of the petition unless a delay shall continue the tolling of | ||||||
23 | the period of continuance under supervision for the period of | ||||||
24 | the delay. | ||||||
25 | (8) When a hearing in which a minor is alleged to be a | ||||||
26 | delinquent for reasons that include a violation of Section |
| |||||||
| |||||||
1 | 21-1.3 of the Criminal Code of 1961 or the Criminal Code of | ||||||
2 | 2012 is continued under this Section, the court shall, as a | ||||||
3 | condition of the continuance under supervision, require the | ||||||
4 | minor to perform community service for not less than 30 and not | ||||||
5 | more than 120 hours, if community service is available in the | ||||||
6 | jurisdiction. The community service shall include, but need | ||||||
7 | not be limited to, the cleanup and repair of the damage that | ||||||
8 | was caused by the alleged violation or similar damage to | ||||||
9 | property located in the municipality or county in which the | ||||||
10 | alleged violation occurred. The condition may be in addition | ||||||
11 | to any other condition. Community service shall not interfere | ||||||
12 | with the school hours, school-related activities, or work | ||||||
13 | commitments of the minor or the minor's parent, guardian, or | ||||||
14 | legal custodian. | ||||||
15 | (8.5) When a hearing in which a minor is alleged to be a | ||||||
16 | delinquent for reasons that include a violation of Section | ||||||
17 | 3.02 or Section 3.03 of the Humane Care for Animals Act or | ||||||
18 | paragraph (d) of subsection (1) of Section 21-1 of the | ||||||
19 | Criminal Code of 1961 or paragraph (4) of subsection (a) of | ||||||
20 | Section 21-1 or the Criminal Code of 2012 is continued under | ||||||
21 | this Section, the court shall, as a condition of the | ||||||
22 | continuance under supervision, require the minor to undergo | ||||||
23 | medical or psychiatric treatment rendered by a psychiatrist or | ||||||
24 | psychological treatment rendered by a clinical psychologist. | ||||||
25 | The condition may be in addition to any other condition. | ||||||
26 | (9) When a hearing in which a minor is alleged to be a |
| |||||||
| |||||||
1 | delinquent is continued under this Section, the court, before | ||||||
2 | continuing the case, shall make a finding whether the offense | ||||||
3 | alleged to have been committed either: (i) was related to or in | ||||||
4 | furtherance of the activities of an organized gang or was | ||||||
5 | motivated by the minor's membership in or allegiance to an | ||||||
6 | organized gang, or (ii) is a violation of paragraph (13) of | ||||||
7 | subsection (a) of Section 12-2 or paragraph (2) of subsection | ||||||
8 | (c) of Section 12-2 of the Criminal Code of 1961 or the | ||||||
9 | Criminal Code of 2012, a violation of any Section of Article 24 | ||||||
10 | of the Criminal Code of 1961 or the Criminal Code of 2012, or a | ||||||
11 | violation of any statute that involved the unlawful use of a | ||||||
12 | firearm. If the court determines the question in the | ||||||
13 | affirmative the court shall, as a condition of the continuance | ||||||
14 | under supervision and as part of or in addition to any other | ||||||
15 | condition of the supervision, require the minor to perform | ||||||
16 | community service for not less than 30 hours, provided that | ||||||
17 | community service is available in the jurisdiction and is | ||||||
18 | funded and approved by the county board of the county where the | ||||||
19 | offense was committed. The community service shall include, | ||||||
20 | but need not be limited to, the cleanup and repair of any | ||||||
21 | damage caused by an alleged violation of Section 21-1.3 of the | ||||||
22 | Criminal Code of 1961 or the Criminal Code of 2012 and similar | ||||||
23 | damage to property located in the municipality or county in | ||||||
24 | which the alleged violation occurred. When possible and | ||||||
25 | reasonable, the community service shall be performed in the | ||||||
26 | minor's neighborhood. For the purposes of this Section, |
| |||||||
| |||||||
1 | "organized gang" has the meaning ascribed to it in Section 10 | ||||||
2 | of the Illinois Streetgang Terrorism Omnibus Prevention Act. | ||||||
3 | Community service shall not interfere with the school hours, | ||||||
4 | school-related activities, or work commitments of the minor or | ||||||
5 | the minor's parent, guardian, or legal custodian. | ||||||
6 | (10) (Blank). | ||||||
7 | (11) (Blank). | ||||||
8 | (12) Fines and assessments, including any fee or | ||||||
9 | administrative cost authorized under Section 5-4.5-105, | ||||||
10 | 5-5-10, 5-6-3, 5-6-3.1, 5-7-6, 5-9-1.4, or 5-9-1.9 of the | ||||||
11 | Unified Code of Corrections, shall not be ordered or imposed | ||||||
12 | on a minor or the minor's parent, guardian, or legal custodian | ||||||
13 | as a condition of continuance under supervision. If the minor | ||||||
14 | or the minor's parent, guardian, or legal custodian is unable | ||||||
15 | to cover the cost of a condition under this subsection, the | ||||||
16 | court shall not preclude the minor from receiving continuance | ||||||
17 | under supervision based on the inability to pay. Inability to | ||||||
18 | pay shall not be grounds to object to the minor's placement on | ||||||
19 | a continuance under supervision. | ||||||
20 | (Source: P.A. 103-22, eff. 8-8-23; 103-379, eff. 7-28-23; | ||||||
21 | revised 8-25-23.)
| ||||||
22 | (705 ILCS 405/5-625) | ||||||
23 | Sec. 5-625. Absence of minor. | ||||||
24 | (1) When a minor after arrest and an initial court | ||||||
25 | appearance for a felony, fails to appear for trial, at the |
| |||||||
| |||||||
1 | request of the State and after the State has affirmatively | ||||||
2 | proven through substantial evidence that the minor is | ||||||
3 | willfully avoiding trial, the court may commence trial in the | ||||||
4 | absence of the minor. The absent minor must be represented by | ||||||
5 | retained or appointed counsel. If trial had previously | ||||||
6 | commenced in the presence of the minor and the minor is | ||||||
7 | willfully absent for 2 successive court days, the court shall | ||||||
8 | proceed to trial. All procedural rights guaranteed by the | ||||||
9 | United States Constitution, Constitution of the State of | ||||||
10 | Illinois, statutes of the State of Illinois, and rules of | ||||||
11 | court shall apply to the proceedings the same as if the minor | ||||||
12 | were present in court. The court may set the case for a trial | ||||||
13 | which may be conducted under this Section despite the failure | ||||||
14 | of the minor to appear at the hearing at which the trial date | ||||||
15 | is set. When the trial date is set , the clerk shall send to the | ||||||
16 | minor, by certified mail at the minor's last known address, | ||||||
17 | notice of the new date which has been set for trial. The | ||||||
18 | notification shall be required when the minor was not | ||||||
19 | personally present in open court at the time when the case was | ||||||
20 | set for trial. | ||||||
21 | (2) The absence of the minor from a trial conducted under | ||||||
22 | this Section does not operate as a bar to concluding the trial, | ||||||
23 | to a finding of guilty resulting from the trial, or to a final | ||||||
24 | disposition of the trial in favor of the minor. | ||||||
25 | (3) Upon a finding or verdict of not guilty , the court | ||||||
26 | shall enter a finding for the minor. Upon a finding or verdict |
| |||||||
| |||||||
1 | of guilty, the court shall set a date for the hearing of | ||||||
2 | post-trial motions and shall hear the motion in the absence of | ||||||
3 | the minor. If post-trial motions are denied, the court shall | ||||||
4 | proceed to conduct a sentencing hearing and to impose a | ||||||
5 | sentence upon the minor. A social investigation is waived if | ||||||
6 | the minor is absent. | ||||||
7 | (4) A minor who is absent for part of the proceedings of | ||||||
8 | trial, post-trial motions, or sentencing, does not thereby | ||||||
9 | forfeit the minor's right to be present at all remaining | ||||||
10 | proceedings. | ||||||
11 | (5) When a minor who in the minor's absence has been either | ||||||
12 | found guilty or sentenced or both found guilty and sentenced | ||||||
13 | appears before the court, the minor must be granted a new trial | ||||||
14 | or a new sentencing hearing if the minor can establish that the | ||||||
15 | minor's failure to appear in court was both without the | ||||||
16 | minor's fault and due to circumstances beyond the minor's | ||||||
17 | control. A hearing with notice to the State's Attorney on the | ||||||
18 | minors request for a new trial or a new sentencing hearing must | ||||||
19 | be held before any such request may be granted. At any such | ||||||
20 | hearing both the minor and the State may present evidence. | ||||||
21 | (6) If the court grants only the minor's request for a new | ||||||
22 | sentencing hearing, then a new sentencing hearing shall be | ||||||
23 | held in accordance with the provisions of this Article. At any | ||||||
24 | such hearing, both the minor and the State may offer evidence | ||||||
25 | of the minor's conduct during the minor's period of absence | ||||||
26 | from the court. The court may impose any sentence authorized |
| |||||||
| |||||||
1 | by this Article and in the case of an extended juvenile | ||||||
2 | jurisdiction prosecution the Unified Code of Corrections and | ||||||
3 | is not in any way limited or restricted by any sentence | ||||||
4 | previously imposed. | ||||||
5 | (7) A minor whose motion under subsection (5) for a new | ||||||
6 | trial or new sentencing hearing has been denied may file a | ||||||
7 | notice of appeal from the denial. The notice may also include a | ||||||
8 | request for review of the finding and sentence not vacated by | ||||||
9 | the trial court. | ||||||
10 | (Source: P.A. 103-22, eff. 8-8-23; revised 9-20-23.)
| ||||||
11 | (705 ILCS 405/5-705) | ||||||
12 | Sec. 5-705. Sentencing hearing; evidence; continuance. | ||||||
13 | (1) In this subsection (1), "violent crime" has the same | ||||||
14 | meaning ascribed to the term in subsection (c) of Section 3 of | ||||||
15 | the Rights of Crime Victims and Witnesses Act. At the | ||||||
16 | sentencing hearing, the court shall determine whether it is in | ||||||
17 | the best interests of the minor or the public that the minor be | ||||||
18 | made a ward of the court, and, if the minor is to be made a | ||||||
19 | ward of the court, the court shall determine the proper | ||||||
20 | disposition best serving the interests of the minor and the | ||||||
21 | public. All evidence helpful in determining these questions, | ||||||
22 | including oral and written reports, may be admitted and may be | ||||||
23 | relied upon to the extent of its probative value, even though | ||||||
24 | not competent for the purposes of the trial. A crime victim | ||||||
25 | shall be allowed to present an oral or written statement, as |
| |||||||
| |||||||
1 | guaranteed by Article I, Section 8.1 of the Illinois | ||||||
2 | Constitution and as provided in Section 6 of the Rights of | ||||||
3 | Crime Victims and Witnesses Act, in any case in which: (a) a | ||||||
4 | juvenile has been adjudicated delinquent for a violent crime | ||||||
5 | after a bench or jury trial; or (b) the petition alleged the | ||||||
6 | commission of a violent crime and the juvenile has been | ||||||
7 | adjudicated delinquent under a plea agreement of a crime that | ||||||
8 | is not a violent crime. The court shall allow a victim to make | ||||||
9 | an oral statement if the victim is present in the courtroom and | ||||||
10 | requests to make an oral statement. An oral statement includes | ||||||
11 | the victim or a representative of the victim reading the | ||||||
12 | written statement. The court may allow persons impacted by the | ||||||
13 | crime who are not victims under subsection (a) of Section 3 of | ||||||
14 | the Rights of Crime Victims and Witnesses Act to present an | ||||||
15 | oral or written statement. A victim and any person making an | ||||||
16 | oral statement shall not be put under oath or subject to | ||||||
17 | cross-examination. A record of a prior continuance under | ||||||
18 | supervision under Section 5-615, whether successfully | ||||||
19 | completed or not, is admissible at the sentencing hearing. No | ||||||
20 | order of commitment to the Department of Juvenile Justice | ||||||
21 | shall be entered against a minor before a written report of | ||||||
22 | social investigation, which has been completed within the | ||||||
23 | previous 60 days, is presented to and considered by the court. | ||||||
24 | (2) Once a party has been served in compliance with | ||||||
25 | Section 5-525, no further service or notice must be given to | ||||||
26 | that party prior to proceeding to a sentencing hearing. Before |
| |||||||
| |||||||
1 | imposing sentence the court shall advise the State's Attorney | ||||||
2 | and the parties who are present or their counsel of the factual | ||||||
3 | contents and the conclusions of the reports prepared for the | ||||||
4 | use of the court and considered by it, and afford fair | ||||||
5 | opportunity, if requested, to controvert them. Factual | ||||||
6 | contents, conclusions, documents and sources disclosed by the | ||||||
7 | court under this paragraph shall not be further disclosed | ||||||
8 | without the express approval of the court. | ||||||
9 | (3) On its own motion or that of the State's Attorney, a | ||||||
10 | parent, guardian, legal custodian, or counsel, the court may | ||||||
11 | adjourn the hearing for a reasonable period to receive reports | ||||||
12 | or other evidence and, in such event, shall make an | ||||||
13 | appropriate order for detention of the minor or the minor's | ||||||
14 | release from detention subject to supervision by the court | ||||||
15 | during the period of the continuance. In the event the court | ||||||
16 | shall order detention hereunder, the period of the continuance | ||||||
17 | shall not exceed 30 court days. At the end of such time, the | ||||||
18 | court shall release the minor from detention unless notice is | ||||||
19 | served at least 3 days prior to the hearing on the continued | ||||||
20 | date that the State will be seeking an extension of the period | ||||||
21 | of detention, which notice shall state the reason for the | ||||||
22 | request for the extension. The extension of detention may be | ||||||
23 | for a maximum period of an additional 15 court days or a lesser | ||||||
24 | number of days at the discretion of the court. However, at the | ||||||
25 | expiration of the period of extension, the court shall release | ||||||
26 | the minor from detention if a further continuance is granted. |
| |||||||
| |||||||
1 | In scheduling investigations and hearings, the court shall | ||||||
2 | give priority to proceedings in which a minor is in detention | ||||||
3 | or has otherwise been removed from the minor's home before a | ||||||
4 | sentencing order has been made. | ||||||
5 | (4) When commitment to the Department of Juvenile Justice | ||||||
6 | is ordered, the court shall state the basis for selecting the | ||||||
7 | particular disposition, and the court shall prepare such a | ||||||
8 | statement for inclusion in the record. | ||||||
9 | (5) Before a sentencing order is entered by the court | ||||||
10 | under Section 5-710 for a minor adjudged delinquent for a | ||||||
11 | violation of paragraph (3.5) of subsection (a) of Section 26-1 | ||||||
12 | of the Criminal Code of 2012, in which the minor made a threat | ||||||
13 | of violence, death, or bodily harm against a person, school, | ||||||
14 | school function, or school event, the court may order a mental | ||||||
15 | health evaluation of the minor by a physician, clinical | ||||||
16 | psychologist, or qualified examiner, whether employed by the | ||||||
17 | State, by any public or private mental health facility or part | ||||||
18 | of the facility, or by any public or private medical facility | ||||||
19 | or part of the facility. A statement made by a minor during the | ||||||
20 | course of a mental health evaluation conducted under this | ||||||
21 | subsection (5) is not admissible on the issue of delinquency | ||||||
22 | during the course of an adjudicatory hearing held under this | ||||||
23 | Act. Neither the physician, clinical psychologist, or | ||||||
24 | qualified examiner, or the employer of the physician, clinical | ||||||
25 | psychologist, or qualified examiner, shall be held criminally, | ||||||
26 | civilly, or professionally liable for performing a mental |
| |||||||
| |||||||
1 | health examination under this subsection (5), except for | ||||||
2 | willful or wanton misconduct. In this subsection (5), | ||||||
3 | "qualified examiner" has the meaning provided in Section 1-122 | ||||||
4 | of the Mental Health and Developmental Disabilities Code. | ||||||
5 | (Source: P.A. 103-22, eff. 8-8-23; revised 9-20-23.)
| ||||||
6 | (705 ILCS 405/5-710) | ||||||
7 | Sec. 5-710. Kinds of sentencing orders. | ||||||
8 | (1) The following kinds of sentencing orders may be made | ||||||
9 | in respect of wards of the court: | ||||||
10 | (a) Except as provided in Sections 5-805, 5-810, and | ||||||
11 | 5-815, a minor who is found guilty under Section 5-620 may | ||||||
12 | be: | ||||||
13 | (i) put on probation or conditional discharge and | ||||||
14 | released to the minor's parents, guardian or legal | ||||||
15 | custodian, provided, however, that any such minor who | ||||||
16 | is not committed to the Department of Juvenile Justice | ||||||
17 | under this subsection and who is found to be a | ||||||
18 | delinquent for an offense which is first degree | ||||||
19 | murder, a Class X felony, or a forcible felony shall be | ||||||
20 | placed on probation; | ||||||
21 | (ii) placed in accordance with Section 5-740, with | ||||||
22 | or without also being put on probation or conditional | ||||||
23 | discharge; | ||||||
24 | (iii) required to undergo a substance abuse | ||||||
25 | assessment conducted by a licensed provider and |
| |||||||
| |||||||
1 | participate in the indicated clinical level of care; | ||||||
2 | (iv) on and after January 1, 2015 (the effective | ||||||
3 | date of Public Act 98-803) and before January 1, 2017, | ||||||
4 | placed in the guardianship of the Department of | ||||||
5 | Children and Family Services, but only if the | ||||||
6 | delinquent minor is under 16 years of age or, pursuant | ||||||
7 | to Article II of this Act, a minor under the age of 18 | ||||||
8 | for whom an independent basis of abuse, neglect, or | ||||||
9 | dependency exists. On and after January 1, 2017, | ||||||
10 | placed in the guardianship of the Department of | ||||||
11 | Children and Family Services, but only if the | ||||||
12 | delinquent minor is under 15 years of age or, pursuant | ||||||
13 | to Article II of this Act, a minor for whom an | ||||||
14 | independent basis of abuse, neglect, or dependency | ||||||
15 | exists. An independent basis exists when the | ||||||
16 | allegations or adjudication of abuse, neglect, or | ||||||
17 | dependency do not arise from the same facts, incident, | ||||||
18 | or circumstances which give rise to a charge or | ||||||
19 | adjudication of delinquency; | ||||||
20 | (v) placed in detention for a period not to exceed | ||||||
21 | 30 days, either as the exclusive order of disposition | ||||||
22 | or, where appropriate, in conjunction with any other | ||||||
23 | order of disposition issued under this paragraph, | ||||||
24 | provided that any such detention shall be in a | ||||||
25 | juvenile detention home and the minor so detained | ||||||
26 | shall be 10 years of age or older. However, the 30-day |
| |||||||
| |||||||
1 | limitation may be extended by further order of the | ||||||
2 | court for a minor under age 15 committed to the | ||||||
3 | Department of Children and Family Services if the | ||||||
4 | court finds that the minor is a danger to the minor or | ||||||
5 | others. The minor shall be given credit on the | ||||||
6 | sentencing order of detention for time spent in | ||||||
7 | detention under Sections 5-501, 5-601, 5-710, or 5-720 | ||||||
8 | of this Article as a result of the offense for which | ||||||
9 | the sentencing order was imposed. The court may grant | ||||||
10 | credit on a sentencing order of detention entered | ||||||
11 | under a violation of probation or violation of | ||||||
12 | conditional discharge under Section 5-720 of this | ||||||
13 | Article for time spent in detention before the filing | ||||||
14 | of the petition alleging the violation. A minor shall | ||||||
15 | not be deprived of credit for time spent in detention | ||||||
16 | before the filing of a violation of probation or | ||||||
17 | conditional discharge alleging the same or related act | ||||||
18 | or acts. The limitation that the minor shall only be | ||||||
19 | placed in a juvenile detention home does not apply as | ||||||
20 | follows: | ||||||
21 | Persons 18 years of age and older who have a | ||||||
22 | petition of delinquency filed against them may be | ||||||
23 | confined in an adult detention facility. In making a | ||||||
24 | determination whether to confine a person 18 years of | ||||||
25 | age or older who has a petition of delinquency filed | ||||||
26 | against the person, these factors, among other |
| |||||||
| |||||||
1 | matters, shall be considered: | ||||||
2 | (A) the age of the person; | ||||||
3 | (B) any previous delinquent or criminal | ||||||
4 | history of the person; | ||||||
5 | (C) any previous abuse or neglect history of | ||||||
6 | the person; | ||||||
7 | (D) any mental health history of the person; | ||||||
8 | and | ||||||
9 | (E) any educational history of the person; | ||||||
10 | (vi) ordered partially or completely emancipated | ||||||
11 | in accordance with the provisions of the Emancipation | ||||||
12 | of Minors Act; | ||||||
13 | (vii) subject to having the minor's driver's | ||||||
14 | license or driving privileges suspended for such time | ||||||
15 | as determined by the court but only until the minor | ||||||
16 | attains 18 years of age; | ||||||
17 | (viii) put on probation or conditional discharge | ||||||
18 | and placed in detention under Section 3-6039 of the | ||||||
19 | Counties Code for a period not to exceed the period of | ||||||
20 | incarceration permitted by law for adults found guilty | ||||||
21 | of the same offense or offenses for which the minor was | ||||||
22 | adjudicated delinquent, and in any event no longer | ||||||
23 | than upon attainment of age 21; this subdivision | ||||||
24 | (viii) notwithstanding any contrary provision of the | ||||||
25 | law; | ||||||
26 | (ix) ordered to undergo a medical or other |
| |||||||
| |||||||
1 | procedure to have a tattoo symbolizing allegiance to a | ||||||
2 | street gang removed from the minor's body; or | ||||||
3 | (x) placed in electronic monitoring or home | ||||||
4 | detention under Part 7A of this Article. | ||||||
5 | (b) A minor found to be guilty may be committed to the | ||||||
6 | Department of Juvenile Justice under Section 5-750 if the | ||||||
7 | minor is at least 13 years and under 20 years of age, | ||||||
8 | provided that the commitment to the Department of Juvenile | ||||||
9 | Justice shall be made only if the minor was found guilty of | ||||||
10 | a felony offense or first degree murder. The court shall | ||||||
11 | include in the sentencing order any pre-custody credits | ||||||
12 | the minor is entitled to under Section 5-4.5-100 of the | ||||||
13 | Unified Code of Corrections. The time during which a minor | ||||||
14 | is in custody before being released upon the request of a | ||||||
15 | parent, guardian or legal custodian shall also be | ||||||
16 | considered as time spent in custody. | ||||||
17 | (c) When a minor is found to be guilty for an offense | ||||||
18 | which is a violation of the Illinois Controlled Substances | ||||||
19 | Act, the Cannabis Control Act, or the Methamphetamine | ||||||
20 | Control and Community Protection Act and made a ward of | ||||||
21 | the court, the court may enter a disposition order | ||||||
22 | requiring the minor to undergo assessment, counseling or | ||||||
23 | treatment in a substance use disorder treatment program | ||||||
24 | approved by the Department of Human Services. | ||||||
25 | (2) Any sentencing order other than commitment to the | ||||||
26 | Department of Juvenile Justice may provide for protective |
| |||||||
| |||||||
1 | supervision under Section 5-725 and may include an order of | ||||||
2 | protection under Section 5-730. | ||||||
3 | (3) Unless the sentencing order expressly so provides, it | ||||||
4 | does not operate to close proceedings on the pending petition, | ||||||
5 | but is subject to modification until final closing and | ||||||
6 | discharge of the proceedings under Section 5-750. | ||||||
7 | (4) In addition to any other sentence, the court may order | ||||||
8 | any minor found to be delinquent to make restitution, in | ||||||
9 | monetary or non-monetary form, under the terms and conditions | ||||||
10 | of Section 5-5-6 of the Unified Code of Corrections, except | ||||||
11 | that the "presentencing hearing" referred to in that Section | ||||||
12 | shall be the sentencing hearing for purposes of this Section. | ||||||
13 | The parent, guardian or legal custodian of the minor may be | ||||||
14 | ordered by the court to pay some or all of the restitution on | ||||||
15 | the minor's behalf, pursuant to the Parental Responsibility | ||||||
16 | Law. The State's Attorney is authorized to act on behalf of any | ||||||
17 | victim in seeking restitution in proceedings under this | ||||||
18 | Section, up to the maximum amount allowed in Section 5 of the | ||||||
19 | Parental Responsibility Law. | ||||||
20 | (5) Any sentencing order where the minor is committed or | ||||||
21 | placed in accordance with Section 5-740 shall provide for the | ||||||
22 | parents or guardian of the estate of the minor to pay to the | ||||||
23 | legal custodian or guardian of the person of the minor such | ||||||
24 | sums as are determined by the custodian or guardian of the | ||||||
25 | person of the minor as necessary for the minor's needs. The | ||||||
26 | payments may not exceed the maximum amounts provided for by |
| |||||||
| |||||||
1 | Section 9.1 of the Children and Family Services Act. | ||||||
2 | (6) Whenever the sentencing order requires the minor to | ||||||
3 | attend school or participate in a program of training, the | ||||||
4 | truant officer or designated school official shall regularly | ||||||
5 | report to the court if the minor is a chronic or habitual | ||||||
6 | truant under Section 26-2a of the School Code. Notwithstanding | ||||||
7 | any other provision of this Act, in instances in which | ||||||
8 | educational services are to be provided to a minor in a | ||||||
9 | residential facility where the minor has been placed by the | ||||||
10 | court, costs incurred in the provision of those educational | ||||||
11 | services must be allocated based on the requirements of the | ||||||
12 | School Code. | ||||||
13 | (7) In no event shall a guilty minor be committed to the | ||||||
14 | Department of Juvenile Justice for a period of time in excess | ||||||
15 | of that period for which an adult could be committed for the | ||||||
16 | same act. The court shall include in the sentencing order a | ||||||
17 | limitation on the period of confinement not to exceed the | ||||||
18 | maximum period of imprisonment the court could impose under | ||||||
19 | Chapter V of the Unified Code of Corrections. | ||||||
20 | (7.5) In no event shall a guilty minor be committed to the | ||||||
21 | Department of Juvenile Justice or placed in detention when the | ||||||
22 | act for which the minor was adjudicated delinquent would not | ||||||
23 | be illegal if committed by an adult. | ||||||
24 | (7.6) In no event shall a guilty minor be committed to the | ||||||
25 | Department of Juvenile Justice for an offense which is a Class | ||||||
26 | 4 felony under Section 19-4 (criminal trespass to a |
| |||||||
| |||||||
1 | residence), 21-1 (criminal damage to property), 21-1.01 | ||||||
2 | (criminal damage to government supported property), 21-1.3 | ||||||
3 | (criminal defacement of property), 26-1 (disorderly conduct), | ||||||
4 | or 31-4 (obstructing justice) of the Criminal Code of 2012. | ||||||
5 | (7.75) In no event shall a guilty minor be committed to the | ||||||
6 | Department of Juvenile Justice for an offense that is a Class 3 | ||||||
7 | or Class 4 felony violation of the Illinois Controlled | ||||||
8 | Substances Act unless the commitment occurs upon a third or | ||||||
9 | subsequent judicial finding of a violation of probation for | ||||||
10 | substantial noncompliance with court-ordered treatment or | ||||||
11 | programming. | ||||||
12 | (8) A minor found to be guilty for reasons that include a | ||||||
13 | violation of Section 21-1.3 of the Criminal Code of 1961 or the | ||||||
14 | Criminal Code of 2012 shall be ordered to perform community | ||||||
15 | service for not less than 30 and not more than 120 hours, if | ||||||
16 | community service is available in the jurisdiction. The | ||||||
17 | community service shall include, but need not be limited to, | ||||||
18 | the cleanup and repair of the damage that was caused by the | ||||||
19 | violation or similar damage to property located in the | ||||||
20 | municipality or county in which the violation occurred. The | ||||||
21 | order may be in addition to any other order authorized by this | ||||||
22 | Section. Community service shall not interfere with the school | ||||||
23 | hours, school-related activities, or work commitments of the | ||||||
24 | minor or the minor's parent, guardian, or legal custodian. | ||||||
25 | (8.5) A minor found to be guilty for reasons that include a | ||||||
26 | violation of Section 3.02 or Section 3.03 of the Humane Care |
| |||||||
| |||||||
1 | for Animals Act or paragraph (d) of subsection (1) of Section | ||||||
2 | 21-1 of the Criminal Code of 1961 or paragraph (4) of | ||||||
3 | subsection (a) of Section 21-1 of the Criminal Code of 2012 | ||||||
4 | shall be ordered to undergo medical or psychiatric treatment | ||||||
5 | rendered by a psychiatrist or psychological treatment rendered | ||||||
6 | by a clinical psychologist. The order may be in addition to any | ||||||
7 | other order authorized by this Section. | ||||||
8 | (9) In addition to any other sentencing order, the court | ||||||
9 | shall order any minor found to be guilty for an act which would | ||||||
10 | constitute, predatory criminal sexual assault of a child, | ||||||
11 | aggravated criminal sexual assault, criminal sexual assault, | ||||||
12 | aggravated criminal sexual abuse, or criminal sexual abuse if | ||||||
13 | committed by an adult to undergo medical testing to determine | ||||||
14 | whether the defendant has any sexually transmissible disease | ||||||
15 | including a test for infection with human immunodeficiency | ||||||
16 | virus (HIV) or any other identified causative agency of | ||||||
17 | acquired immunodeficiency syndrome (AIDS). Any medical test | ||||||
18 | shall be performed only by appropriately licensed medical | ||||||
19 | practitioners and may include an analysis of any bodily fluids | ||||||
20 | as well as an examination of the minor's person. Except as | ||||||
21 | otherwise provided by law, the results of the test shall be | ||||||
22 | kept strictly confidential by all medical personnel involved | ||||||
23 | in the testing and must be personally delivered in a sealed | ||||||
24 | envelope to the judge of the court in which the sentencing | ||||||
25 | order was entered for the judge's inspection in camera. Acting | ||||||
26 | in accordance with the best interests of the victim and the |
| |||||||
| |||||||
1 | public, the judge shall have the discretion to determine to | ||||||
2 | whom the results of the testing may be revealed. The court | ||||||
3 | shall notify the minor of the results of the test for infection | ||||||
4 | with the human immunodeficiency virus (HIV). The court shall | ||||||
5 | also notify the victim if requested by the victim, and if the | ||||||
6 | victim is under the age of 15 and if requested by the victim's | ||||||
7 | parents or legal guardian, the court shall notify the victim's | ||||||
8 | parents or the legal guardian, of the results of the test for | ||||||
9 | infection with the human immunodeficiency virus (HIV). The | ||||||
10 | court shall provide information on the availability of HIV | ||||||
11 | testing and counseling at the Department of Public Health | ||||||
12 | facilities to all parties to whom the results of the testing | ||||||
13 | are revealed. The court shall order that the cost of any test | ||||||
14 | shall be paid by the county. | ||||||
15 | (10) When a court finds a minor to be guilty the court | ||||||
16 | shall, before entering a sentencing order under this Section, | ||||||
17 | make a finding whether the offense committed either: (a) was | ||||||
18 | related to or in furtherance of the criminal activities of an | ||||||
19 | organized gang or was motivated by the minor's membership in | ||||||
20 | or allegiance to an organized gang, or (b) involved a | ||||||
21 | violation of subsection (a) of Section 12-7.1 of the Criminal | ||||||
22 | Code of 1961 or the Criminal Code of 2012, a violation of any | ||||||
23 | Section of Article 24 of the Criminal Code of 1961 or the | ||||||
24 | Criminal Code of 2012, or a violation of any statute that | ||||||
25 | involved the wrongful use of a firearm. If the court | ||||||
26 | determines the question in the affirmative, and the court does |
| |||||||
| |||||||
1 | not commit the minor to the Department of Juvenile Justice, | ||||||
2 | the court shall order the minor to perform community service | ||||||
3 | for not less than 30 hours nor more than 120 hours, provided | ||||||
4 | that community service is available in the jurisdiction and is | ||||||
5 | funded and approved by the county board of the county where the | ||||||
6 | offense was committed. The community service shall include, | ||||||
7 | but need not be limited to, the cleanup and repair of any | ||||||
8 | damage caused by a violation of Section 21-1.3 of the Criminal | ||||||
9 | Code of 1961 or the Criminal Code of 2012 and similar damage to | ||||||
10 | property located in the municipality or county in which the | ||||||
11 | violation occurred. When possible and reasonable, the | ||||||
12 | community service shall be performed in the minor's | ||||||
13 | neighborhood. This order shall be in addition to any other | ||||||
14 | order authorized by this Section except for an order to place | ||||||
15 | the minor in the custody of the Department of Juvenile | ||||||
16 | Justice. Community service shall not interfere with the school | ||||||
17 | hours, school-related activities, or work commitments of the | ||||||
18 | minor or the minor's parent, guardian, or legal custodian. For | ||||||
19 | the purposes of this Section, "organized gang" has the meaning | ||||||
20 | ascribed to it in Section 10 of the Illinois Streetgang | ||||||
21 | Terrorism Omnibus Prevention Act. | ||||||
22 | (11) If the court determines that the offense was | ||||||
23 | committed in furtherance of the criminal activities of an | ||||||
24 | organized gang, as provided in subsection (10), and that the | ||||||
25 | offense involved the operation or use of a motor vehicle or the | ||||||
26 | use of a driver's license or permit, the court shall notify the |
| |||||||
| |||||||
1 | Secretary of State of that determination and of the period for | ||||||
2 | which the minor shall be denied driving privileges. If, at the | ||||||
3 | time of the determination, the minor does not hold a driver's | ||||||
4 | license or permit, the court shall provide that the minor | ||||||
5 | shall not be issued a driver's license or permit until the | ||||||
6 | minor's 18th birthday. If the minor holds a driver's license | ||||||
7 | or permit at the time of the determination, the court shall | ||||||
8 | provide that the minor's driver's license or permit shall be | ||||||
9 | revoked until the minor's 21st birthday, or until a later date | ||||||
10 | or occurrence determined by the court. If the minor holds a | ||||||
11 | driver's license at the time of the determination, the court | ||||||
12 | may direct the Secretary of State to issue the minor a judicial | ||||||
13 | driving permit, also known as a JDP. The JDP shall be subject | ||||||
14 | to the same terms as a JDP issued under Section 6-206.1 of the | ||||||
15 | Illinois Vehicle Code, except that the court may direct that | ||||||
16 | the JDP be effective immediately. | ||||||
17 | (12) (Blank). | ||||||
18 | (13) Fines and assessments, including any fee or | ||||||
19 | administrative cost authorized under Section 5-4.5-105, | ||||||
20 | 5-5-10, 5-6-3, 5-6-3.1, 5-7-6, 5-9-1.4, or 5-9-1.9 of the | ||||||
21 | Unified Code of Corrections, relating to any sentencing order | ||||||
22 | shall not be ordered or imposed on a minor or the minor's | ||||||
23 | parent, guardian, or legal custodian. The inability of a | ||||||
24 | minor, or minor's parent, guardian, or legal custodian, to | ||||||
25 | cover the costs associated with an appropriate sentencing | ||||||
26 | order shall not be the basis for the court to enter a |
| |||||||
| |||||||
1 | sentencing order incongruent with the court's findings | ||||||
2 | regarding the offense on which the minor was adjudicated or | ||||||
3 | the mitigating factors. | ||||||
4 | (Source: P.A. 102-558, eff. 8-20-21; 103-22, eff. 8-8-23; | ||||||
5 | 103-379, eff. 7-28-23; revised 8-25-23.)
| ||||||
6 | (705 ILCS 405/5-715) | ||||||
7 | Sec. 5-715. Probation. | ||||||
8 | (1) The period of probation or conditional discharge shall | ||||||
9 | not exceed 5 years or until the minor has attained the age of | ||||||
10 | 21 years, whichever is less, except as provided in this | ||||||
11 | Section for a minor who is found to be guilty for an offense | ||||||
12 | which is first degree murder. The juvenile court may terminate | ||||||
13 | probation or conditional discharge and discharge the minor at | ||||||
14 | any time if warranted by the conduct of the minor and the ends | ||||||
15 | of justice; provided, however, that the period of probation | ||||||
16 | for a minor who is found to be guilty for an offense which is | ||||||
17 | first degree murder shall be at least 5 years. | ||||||
18 | (1.5) The period of probation for a minor who is found | ||||||
19 | guilty of aggravated criminal sexual assault, criminal sexual | ||||||
20 | assault, or aggravated battery with a firearm shall be at | ||||||
21 | least 36 months. The period of probation for a minor who is | ||||||
22 | found to be guilty of any other Class X felony shall be at | ||||||
23 | least 24 months. The period of probation for a Class 1 or Class | ||||||
24 | 2 forcible felony shall be at least 18 months. Regardless of | ||||||
25 | the length of probation ordered by the court, for all offenses |
| |||||||
| |||||||
1 | under this subsection paragraph (1.5), the court shall | ||||||
2 | schedule hearings to determine whether it is in the best | ||||||
3 | interest of the minor and public safety to terminate probation | ||||||
4 | after the minimum period of probation has been served. In such | ||||||
5 | a hearing, there shall be a rebuttable presumption that it is | ||||||
6 | in the best interest of the minor and public safety to | ||||||
7 | terminate probation. | ||||||
8 | (2) The court may as a condition of probation or of | ||||||
9 | conditional discharge require that the minor: | ||||||
10 | (a) not violate any criminal statute of any | ||||||
11 | jurisdiction; | ||||||
12 | (b) make a report to and appear in person before any | ||||||
13 | person or agency as directed by the court; | ||||||
14 | (c) work or pursue a course of study or vocational | ||||||
15 | training; | ||||||
16 | (d) undergo medical or psychiatric treatment, rendered | ||||||
17 | by a psychiatrist or psychological treatment rendered by a | ||||||
18 | clinical psychologist or social work services rendered by | ||||||
19 | a clinical social worker, or treatment for drug addiction | ||||||
20 | or alcoholism; | ||||||
21 | (e) attend or reside in a facility established for the | ||||||
22 | instruction or residence of persons on probation; | ||||||
23 | (f) support the minor's dependents, if any; | ||||||
24 | (g) refrain from possessing a firearm or other | ||||||
25 | dangerous weapon, or an automobile; | ||||||
26 | (h) permit the probation officer to visit the minor at |
| |||||||
| |||||||
1 | the minor's home or elsewhere; | ||||||
2 | (i) reside with the minor's parents or in a foster | ||||||
3 | home; | ||||||
4 | (j) attend school; | ||||||
5 | (j-5) with the consent of the superintendent of the | ||||||
6 | facility, attend an educational program at a facility | ||||||
7 | other than the school in which the offense was committed | ||||||
8 | if the minor committed a crime of violence as defined in | ||||||
9 | Section 2 of the Crime Victims Compensation Act in a | ||||||
10 | school, on the real property comprising a school, or | ||||||
11 | within 1,000 feet of the real property comprising a | ||||||
12 | school; | ||||||
13 | (k) attend a non-residential program for youth; | ||||||
14 | (l) make restitution under the terms of subsection (4) | ||||||
15 | of Section 5-710; | ||||||
16 | (m) provide nonfinancial contributions to the minor's | ||||||
17 | own support at home or in a foster home; | ||||||
18 | (n) perform some reasonable public or community | ||||||
19 | service that does not interfere with school hours, | ||||||
20 | school-related activities, or work commitments of the | ||||||
21 | minor or the minor's parent, guardian, or legal custodian; | ||||||
22 | (o) participate with community corrections programs | ||||||
23 | including unified delinquency intervention services | ||||||
24 | administered by the Department of Human Services subject | ||||||
25 | to Section 5 of the Children and Family Services Act; | ||||||
26 | (p) (blank); |
| |||||||
| |||||||
1 | (q) serve a term of home confinement. In addition to | ||||||
2 | any other applicable condition of probation or conditional | ||||||
3 | discharge, the conditions of home confinement shall be | ||||||
4 | that the minor: | ||||||
5 | (i) remain within the interior premises of the | ||||||
6 | place designated for the minor's confinement during | ||||||
7 | the hours designated by the court; | ||||||
8 | (ii) admit any person or agent designated by the | ||||||
9 | court into the minor's place of confinement at any | ||||||
10 | time for purposes of verifying the minor's compliance | ||||||
11 | with the conditions of the minor's confinement; and | ||||||
12 | (iii) use an approved electronic monitoring device | ||||||
13 | if ordered by the court subject to Article 8A of | ||||||
14 | Chapter V of the Unified Code of Corrections; | ||||||
15 | (r) refrain from entering into a designated geographic | ||||||
16 | area except upon terms as the court finds appropriate. The | ||||||
17 | terms may include consideration of the purpose of the | ||||||
18 | entry, the time of day, other persons accompanying the | ||||||
19 | minor, and advance approval by a probation officer, if the | ||||||
20 | minor has been placed on probation, or advance approval by | ||||||
21 | the court, if the minor has been placed on conditional | ||||||
22 | discharge; | ||||||
23 | (s) refrain from having any contact, directly or | ||||||
24 | indirectly, with certain specified persons or particular | ||||||
25 | types of persons, including , but not limited to , members | ||||||
26 | of street gangs and drug users or dealers; |
| |||||||
| |||||||
1 | (s-5) undergo a medical or other procedure to have a | ||||||
2 | tattoo symbolizing allegiance to a street gang removed | ||||||
3 | from the minor's body; | ||||||
4 | (t) refrain from having in the minor's body the | ||||||
5 | presence of any illicit drug prohibited by the Cannabis | ||||||
6 | Control Act, the Illinois Controlled Substances Act, or | ||||||
7 | the Methamphetamine Control and Community Protection Act, | ||||||
8 | unless prescribed by a physician, and shall submit samples | ||||||
9 | of the minor's blood or urine or both for tests to | ||||||
10 | determine the presence of any illicit drug; or | ||||||
11 | (u) comply with other conditions as may be ordered by | ||||||
12 | the court. | ||||||
13 | (3) The court may as a condition of probation or of | ||||||
14 | conditional discharge require that a minor found guilty on any | ||||||
15 | alcohol, cannabis, methamphetamine, or controlled substance | ||||||
16 | violation, refrain from acquiring a driver's license during | ||||||
17 | the period of probation or conditional discharge. If the minor | ||||||
18 | is in possession of a permit or license, the court may require | ||||||
19 | that the minor refrain from driving or operating any motor | ||||||
20 | vehicle during the period of probation or conditional | ||||||
21 | discharge, except as may be necessary in the course of the | ||||||
22 | minor's lawful employment. | ||||||
23 | (3.5) The court shall, as a condition of probation or of | ||||||
24 | conditional discharge, require that a minor found to be guilty | ||||||
25 | and placed on probation for reasons that include a violation | ||||||
26 | of Section 3.02 or Section 3.03 of the Humane Care for Animals |
| |||||||
| |||||||
1 | Act or paragraph (4) of subsection (a) of Section 21-1 of the | ||||||
2 | Criminal Code of 2012 undergo medical or psychiatric treatment | ||||||
3 | rendered by a psychiatrist or psychological treatment rendered | ||||||
4 | by a clinical psychologist. The condition may be in addition | ||||||
5 | to any other condition. | ||||||
6 | (3.10) The court shall order that a minor placed on | ||||||
7 | probation or conditional discharge for a sex offense as | ||||||
8 | defined in the Sex Offender Management Board Act undergo and | ||||||
9 | successfully complete sex offender treatment. The treatment | ||||||
10 | shall be in conformance with the standards developed under the | ||||||
11 | Sex Offender Management Board Act and conducted by a treatment | ||||||
12 | provider approved by the Board. | ||||||
13 | (4) A minor on probation or conditional discharge shall be | ||||||
14 | given a certificate setting forth the conditions upon which | ||||||
15 | the minor is being released. | ||||||
16 | (5) (Blank). | ||||||
17 | (5.5) Jurisdiction over an offender may be transferred | ||||||
18 | from the sentencing court to the court of another circuit with | ||||||
19 | the concurrence of both courts. Further transfers or | ||||||
20 | retransfers of jurisdiction are also authorized in the same | ||||||
21 | manner. The court to which jurisdiction has been transferred | ||||||
22 | shall have the same powers as the sentencing court. | ||||||
23 | If the transfer case originated in another state and has | ||||||
24 | been transferred under the Interstate Compact for Juveniles to | ||||||
25 | the jurisdiction of an Illinois circuit court for supervision | ||||||
26 | by an Illinois probation department, probation fees may be |
| |||||||
| |||||||
1 | imposed only if permitted by the Interstate Commission for | ||||||
2 | Juveniles. | ||||||
3 | (6) The General Assembly finds that in order to protect | ||||||
4 | the public, the juvenile justice system must compel compliance | ||||||
5 | with the conditions of probation by responding to violations | ||||||
6 | with swift, certain, and fair punishments and intermediate | ||||||
7 | sanctions. The Chief Judge of each circuit shall adopt a | ||||||
8 | system of structured, intermediate sanctions for violations of | ||||||
9 | the terms and conditions of a sentence of supervision, | ||||||
10 | probation , or conditional discharge, under this Act. | ||||||
11 | The court shall provide as a condition of a disposition of | ||||||
12 | probation, conditional discharge, or supervision, that the | ||||||
13 | probation agency may invoke any sanction from the list of | ||||||
14 | intermediate sanctions adopted by the chief judge of the | ||||||
15 | circuit court for violations of the terms and conditions of | ||||||
16 | the sentence of probation, conditional discharge, or | ||||||
17 | supervision, subject to the provisions of Section 5-720 of | ||||||
18 | this Act. | ||||||
19 | (7) Fines and assessments, including any fee or | ||||||
20 | administrative cost authorized under Section 5-4.5-105, | ||||||
21 | 5-5-10, 5-6-3, 5-6-3.1, 5-7-6, 5-9-1.4, or 5-9-1.9 of the | ||||||
22 | Unified Code of Corrections, shall not be ordered or imposed | ||||||
23 | on a minor or the minor's parent, guardian, or legal custodian | ||||||
24 | as a condition of probation, conditional discharge, or | ||||||
25 | supervision. If the minor or the minor's parent, guardian, or | ||||||
26 | legal custodian is unable to cover the cost of a condition |
| |||||||
| |||||||
1 | under this subsection, the court shall not preclude the minor | ||||||
2 | from receiving probation, conditional discharge, or | ||||||
3 | supervision based on the inability to pay. Inability to pay | ||||||
4 | shall not be grounds to object to the minor's placement on | ||||||
5 | probation, conditional discharge, or supervision. | ||||||
6 | (Source: P.A. 103-22, eff. 8-8-23; 103-379, eff. 7-28-23; | ||||||
7 | revised 9-25-23.)
| ||||||
8 | (705 ILCS 405/5-810) | ||||||
9 | Sec. 5-810. Extended jurisdiction juvenile prosecutions. | ||||||
10 | (1)(a) If the State's Attorney files a petition, at any | ||||||
11 | time prior to commencement of the minor's trial, to designate | ||||||
12 | the proceeding as an extended jurisdiction juvenile | ||||||
13 | prosecution and the petition alleges the commission by a minor | ||||||
14 | 13 years of age or older of any offense which would be a felony | ||||||
15 | if committed by an adult, and, if the juvenile judge assigned | ||||||
16 | to hear and determine petitions to designate the proceeding as | ||||||
17 | an extended jurisdiction juvenile prosecution determines that | ||||||
18 | there is probable cause to believe that the allegations in the | ||||||
19 | petition and motion are true, there is a rebuttable | ||||||
20 | presumption that the proceeding shall be designated as an | ||||||
21 | extended jurisdiction juvenile proceeding. | ||||||
22 | (b) The judge shall enter an order designating the | ||||||
23 | proceeding as an extended jurisdiction juvenile proceeding | ||||||
24 | unless the judge makes a finding based on clear and convincing | ||||||
25 | evidence that sentencing under the Chapter V of the Unified |
| |||||||
| |||||||
1 | Code of Corrections would not be appropriate for the minor | ||||||
2 | based on an evaluation of the following factors: | ||||||
3 | (i) the age of the minor; | ||||||
4 | (ii) the history of the minor, including: | ||||||
5 | (A) any previous delinquent or criminal history of | ||||||
6 | the minor, | ||||||
7 | (B) any previous abuse or neglect history of the | ||||||
8 | minor, | ||||||
9 | (C) any mental health, physical and/or educational | ||||||
10 | history of the minor, and | ||||||
11 | (D) any involvement of the minor in the child | ||||||
12 | welfare system; | ||||||
13 | (iii) the circumstances of the offense, including: | ||||||
14 | (A) the seriousness of the offense, | ||||||
15 | (B) whether the minor is charged through | ||||||
16 | accountability, | ||||||
17 | (C) whether there is evidence the offense was | ||||||
18 | committed in an aggressive and premeditated manner, | ||||||
19 | (D) whether there is evidence the offense caused | ||||||
20 | serious bodily harm, | ||||||
21 | (E) whether there is evidence the minor possessed | ||||||
22 | a deadly weapon, | ||||||
23 | (F) whether there is evidence the minor was | ||||||
24 | subjected to outside pressure, including peer | ||||||
25 | pressure, familial pressure, or negative influences, | ||||||
26 | and |
| |||||||
| |||||||
1 | (G) the minor's degree of participation and | ||||||
2 | specific role in the offense; | ||||||
3 | (iv) the advantages of treatment within the juvenile | ||||||
4 | justice system including whether there are facilities or | ||||||
5 | programs, or both, particularly available in the juvenile | ||||||
6 | system; | ||||||
7 | (v) whether the security of the public requires | ||||||
8 | sentencing under Chapter V of the Unified Code of | ||||||
9 | Corrections: | ||||||
10 | (A) the minor's history of services, including the | ||||||
11 | minor's willingness to participate meaningfully in | ||||||
12 | available services; | ||||||
13 | (B) whether there is a reasonable likelihood that | ||||||
14 | the minor can be rehabilitated before the expiration | ||||||
15 | of the juvenile court's jurisdiction; | ||||||
16 | (C) the adequacy of the punishment or services. | ||||||
17 | In considering these factors, the court shall give greater | ||||||
18 | weight to the seriousness of the alleged offense, and the | ||||||
19 | minor's prior record of delinquency than to other factors | ||||||
20 | listed in this subsection. | ||||||
21 | (2) Procedures for extended jurisdiction juvenile | ||||||
22 | prosecutions. The State's Attorney may file a written motion | ||||||
23 | for a proceeding to be designated as an extended juvenile | ||||||
24 | jurisdiction prior to commencement of trial. Notice of the | ||||||
25 | motion shall be in compliance with Section 5-530. When the | ||||||
26 | State's Attorney files a written motion that a proceeding be |
| |||||||
| |||||||
1 | designated an extended jurisdiction juvenile prosecution, the | ||||||
2 | court shall commence a hearing within 30 days of the filing of | ||||||
3 | the motion for designation, unless good cause is shown by the | ||||||
4 | prosecution or the minor as to why the hearing could not be | ||||||
5 | held within this time period. If the court finds good cause has | ||||||
6 | been demonstrated, then the hearing shall be held within 60 | ||||||
7 | days of the filing of the motion. The hearings shall be open to | ||||||
8 | the public unless the judge finds that the hearing should be | ||||||
9 | closed for the protection of any party, victim or witness. If | ||||||
10 | the Juvenile Judge assigned to hear and determine a motion to | ||||||
11 | designate an extended jurisdiction juvenile prosecution | ||||||
12 | determines that there is probable cause to believe that the | ||||||
13 | allegations in the petition and motion are true the court | ||||||
14 | shall grant the motion for designation. Information used by | ||||||
15 | the court in its findings or stated in or offered in connection | ||||||
16 | with this Section may be by way of proffer based on reliable | ||||||
17 | information offered by the State or the minor. All evidence | ||||||
18 | shall be admissible if it is relevant and reliable regardless | ||||||
19 | of whether it would be admissible under the rules of evidence. | ||||||
20 | (3) Trial. A minor who is subject of an extended | ||||||
21 | jurisdiction juvenile prosecution has the right to trial by | ||||||
22 | jury. Any trial under this Section shall be open to the public. | ||||||
23 | (4) Sentencing. If an extended jurisdiction juvenile | ||||||
24 | prosecution under subsection (1) results in a guilty plea, a | ||||||
25 | verdict of guilty, or a finding of guilt, the court shall | ||||||
26 | impose the following: |
| |||||||
| |||||||
1 | (i) one or more juvenile sentences under Section | ||||||
2 | 5-710; and | ||||||
3 | (ii) an adult criminal sentence in accordance with the | ||||||
4 | provisions of Section 5-4.5-105 of the Unified Code of | ||||||
5 | Corrections, the execution of which shall be stayed on the | ||||||
6 | condition that the offender not violate the provisions of | ||||||
7 | the juvenile sentence. | ||||||
8 | Any sentencing hearing under this Section shall be open to the | ||||||
9 | public. | ||||||
10 | (5) If, after an extended jurisdiction juvenile | ||||||
11 | prosecution trial, a minor is convicted of a lesser-included | ||||||
12 | offense or of an offense that the State's Attorney did not | ||||||
13 | designate as an extended jurisdiction juvenile prosecution, | ||||||
14 | the State's Attorney may file a written motion, within 10 days | ||||||
15 | of the finding of guilt, that the minor be sentenced as an | ||||||
16 | extended jurisdiction juvenile prosecution offender. The court | ||||||
17 | shall rule on this motion using the factors found in paragraph | ||||||
18 | (1)(b) of Section 5-805. If the court denies the State's | ||||||
19 | Attorney's motion for sentencing under the extended | ||||||
20 | jurisdiction juvenile prosecution provision, the court shall | ||||||
21 | proceed to sentence the minor under Section 5-710. | ||||||
22 | (6) When it appears that a minor convicted in an extended | ||||||
23 | jurisdiction juvenile prosecution under subsection (1) has | ||||||
24 | violated the conditions of the minor's sentence, or is alleged | ||||||
25 | to have committed a new offense upon the filing of a petition | ||||||
26 | to revoke the stay, the court may, without notice, issue a |
| |||||||
| |||||||
1 | warrant for the arrest of the minor. After a hearing, if the | ||||||
2 | court finds by a preponderance of the evidence that the minor | ||||||
3 | committed a new offense, the court shall order execution of | ||||||
4 | the previously imposed adult criminal sentence. After a | ||||||
5 | hearing, if the court finds by a preponderance of the evidence | ||||||
6 | that the minor committed a violation of the minor's sentence | ||||||
7 | other than by a new offense, the court may order execution of | ||||||
8 | the previously imposed adult criminal sentence or may continue | ||||||
9 | the minor on the existing juvenile sentence with or without | ||||||
10 | modifying or enlarging the conditions. Upon revocation of the | ||||||
11 | stay of the adult criminal sentence and imposition of that | ||||||
12 | sentence, the minor's extended jurisdiction juvenile status | ||||||
13 | shall be terminated. The on-going jurisdiction over the | ||||||
14 | minor's case shall be assumed by the adult criminal court and | ||||||
15 | juvenile court jurisdiction shall be terminated and a report | ||||||
16 | of the imposition of the adult sentence shall be sent to the | ||||||
17 | Illinois State Police. | ||||||
18 | (7) Upon successful completion of the juvenile sentence | ||||||
19 | the court shall vacate the adult criminal sentence. | ||||||
20 | (8) Nothing in this Section precludes the State from | ||||||
21 | filing a motion for transfer under Section 5-805. | ||||||
22 | (Source: P.A. 103-22, eff. 8-8-23; 103-191, eff. 1-1-24; | ||||||
23 | revised 12-15-23.)
| ||||||
24 | (705 ILCS 405/5-915) | ||||||
25 | Sec. 5-915. Expungement of juvenile law enforcement and |
| |||||||
| |||||||
1 | juvenile court records. | ||||||
2 | (0.05) (Blank). | ||||||
3 | (0.1)(a) The Illinois State Police and all law enforcement | ||||||
4 | agencies within the State shall automatically expunge, on or | ||||||
5 | before January 1 of each year, except as described in | ||||||
6 | paragraph (c) of this subsection (0.1), all juvenile law | ||||||
7 | enforcement records relating to events occurring before an | ||||||
8 | individual's 18th birthday if: | ||||||
9 | (1) one year or more has elapsed since the date of the | ||||||
10 | arrest or law enforcement interaction documented in the | ||||||
11 | records; | ||||||
12 | (2) no petition for delinquency or criminal charges | ||||||
13 | were filed with the clerk of the circuit court relating to | ||||||
14 | the arrest or law enforcement interaction documented in | ||||||
15 | the records; and | ||||||
16 | (3) 6 months have elapsed since the date of the arrest | ||||||
17 | without an additional subsequent arrest or filing of a | ||||||
18 | petition for delinquency or criminal charges whether | ||||||
19 | related or not to the arrest or law enforcement | ||||||
20 | interaction documented in the records. | ||||||
21 | (b) If the law enforcement agency is unable to verify | ||||||
22 | satisfaction of conditions (2) and (3) of this subsection | ||||||
23 | (0.1), records that satisfy condition (1) of this subsection | ||||||
24 | (0.1) shall be automatically expunged if the records relate to | ||||||
25 | an offense that if committed by an adult would not be an | ||||||
26 | offense classified as a Class 2 felony or higher, an offense |
| |||||||
| |||||||
1 | under Article 11 of the Criminal Code of 1961 or Criminal Code | ||||||
2 | of 2012, or an offense under Section 12-13, 12-14, 12-14.1, | ||||||
3 | 12-15, or 12-16 of the Criminal Code of 1961. | ||||||
4 | (c) If the juvenile law enforcement record was received | ||||||
5 | through a public submission to a statewide student | ||||||
6 | confidential reporting system administered by the Illinois | ||||||
7 | State Police, the record will be maintained for a period of 5 | ||||||
8 | years according to all other provisions in this subsection | ||||||
9 | (0.1). | ||||||
10 | (0.15) If a juvenile law enforcement record meets | ||||||
11 | paragraph (a) of subsection (0.1) of this Section, a juvenile | ||||||
12 | law enforcement record created: | ||||||
13 | (1) prior to January 1, 2018, but on or after January | ||||||
14 | 1, 2013 shall be automatically expunged prior to January | ||||||
15 | 1, 2020; | ||||||
16 | (2) prior to January 1, 2013, but on or after January | ||||||
17 | 1, 2000, shall be automatically expunged prior to January | ||||||
18 | 1, 2023; and | ||||||
19 | (3) prior to January 1, 2000 shall not be subject to | ||||||
20 | the automatic expungement provisions of this Act. | ||||||
21 | Nothing in this subsection (0.15) shall be construed to | ||||||
22 | restrict or modify an individual's right to have the person's | ||||||
23 | juvenile law enforcement records expunged except as otherwise | ||||||
24 | may be provided in this Act. | ||||||
25 | (0.2)(a) Upon dismissal of a petition alleging delinquency | ||||||
26 | or upon a finding of not delinquent, the successful |
| |||||||
| |||||||
1 | termination of an order of supervision, or the successful | ||||||
2 | termination of an adjudication for an offense which would be a | ||||||
3 | Class B misdemeanor, Class C misdemeanor, or a petty or | ||||||
4 | business offense if committed by an adult, the court shall | ||||||
5 | automatically order the expungement of the juvenile court | ||||||
6 | records and juvenile law enforcement records. The clerk shall | ||||||
7 | deliver a certified copy of the expungement order to the | ||||||
8 | Illinois State Police and the arresting agency. Upon request, | ||||||
9 | the State's Attorney shall furnish the name of the arresting | ||||||
10 | agency. The expungement shall be completed within 60 business | ||||||
11 | days after the receipt of the expungement order. | ||||||
12 | (b) If the chief law enforcement officer of the agency, or | ||||||
13 | the chief law enforcement officer's designee, certifies in | ||||||
14 | writing that certain information is needed for a pending | ||||||
15 | investigation involving the commission of a felony, that | ||||||
16 | information, and information identifying the juvenile, may be | ||||||
17 | retained until the statute of limitations for the felony has | ||||||
18 | run. If the chief law enforcement officer of the agency, or the | ||||||
19 | chief law enforcement officer's designee, certifies in writing | ||||||
20 | that certain information is needed with respect to an internal | ||||||
21 | investigation of any law enforcement office, that information | ||||||
22 | and information identifying the juvenile may be retained | ||||||
23 | within an intelligence file until the investigation is | ||||||
24 | terminated or the disciplinary action, including appeals, has | ||||||
25 | been completed, whichever is later. Retention of a portion of | ||||||
26 | a juvenile's law enforcement record does not disqualify the |
| |||||||
| |||||||
1 | remainder of a juvenile's record from immediate automatic | ||||||
2 | expungement. | ||||||
3 | (0.3)(a) Upon an adjudication of delinquency based on any | ||||||
4 | offense except a disqualified offense, the juvenile court | ||||||
5 | shall automatically order the expungement of the juvenile | ||||||
6 | court and law enforcement records 2 years after the juvenile's | ||||||
7 | case was closed if no delinquency or criminal proceeding is | ||||||
8 | pending and the person has had no subsequent delinquency | ||||||
9 | adjudication or criminal conviction. The clerk shall deliver a | ||||||
10 | certified copy of the expungement order to the Illinois State | ||||||
11 | Police and the arresting agency. Upon request, the State's | ||||||
12 | Attorney shall furnish the name of the arresting agency. The | ||||||
13 | expungement shall be completed within 60 business days after | ||||||
14 | the receipt of the expungement order. In this subsection | ||||||
15 | (0.3), "disqualified offense" means any of the following | ||||||
16 | offenses: Section 8-1.2, 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, | ||||||
17 | 10-1, 10-2, 10-3, 10-3.1, 10-4, 10-5, 10-9, 11-1.20, 11-1.30, | ||||||
18 | 11-1.40, 11-1.50, 11-1.60, 11-6, 11-6.5, 12-2, 12-3.05, | ||||||
19 | 12-3.3, 12-4.4a, 12-5.02, 12-6.2, 12-6.5, 12-7.1, 12-7.5, | ||||||
20 | 12-20.5, 12-32, 12-33, 12-34, 12-34.5, 18-1, 18-2, 18-3, 18-4, | ||||||
21 | 18-6, 19-3, 19-6, 20-1, 20-1.1, 24-1.2, 24-1.2-5, 24-1.5, | ||||||
22 | 24-3A, 24-3B, 24-3.2, 24-3.8, 24-3.9, 29D-14.9, 29D-20, 30-1, | ||||||
23 | 31-1a, 32-4a, or 33A-2 of the Criminal Code of 2012, or | ||||||
24 | subsection (b) of Section 8-1, paragraph (4) of subsection (a) | ||||||
25 | of Section 11-14.4, subsection (a-5) of Section 12-3.1, | ||||||
26 | paragraph (1), (2), or (3) of subsection (a) of Section 12-6, |
| |||||||
| |||||||
1 | subsection (a-3) or (a-5) of Section 12-7.3, paragraph (1) or | ||||||
2 | (2) of subsection (a) of Section 12-7.4, subparagraph (i) of | ||||||
3 | paragraph (1) of subsection (a) of Section 12-9, subparagraph | ||||||
4 | (H) of paragraph (3) of subsection (a) of Section 24-1.6, | ||||||
5 | paragraph (1) of subsection (a) of Section 25-1, or subsection | ||||||
6 | (a-7) of Section 31-1 of the Criminal Code of 2012. | ||||||
7 | (b) If the chief law enforcement officer of the agency, or | ||||||
8 | the chief law enforcement officer's designee, certifies in | ||||||
9 | writing that certain information is needed for a pending | ||||||
10 | investigation involving the commission of a felony, that | ||||||
11 | information, and information identifying the juvenile, may be | ||||||
12 | retained in an intelligence file until the investigation is | ||||||
13 | terminated or for one additional year, whichever is sooner. | ||||||
14 | Retention of a portion of a juvenile's juvenile law | ||||||
15 | enforcement record does not disqualify the remainder of a | ||||||
16 | juvenile's record from immediate automatic expungement. | ||||||
17 | (0.4) Automatic expungement for the purposes of this | ||||||
18 | Section shall not require law enforcement agencies to | ||||||
19 | obliterate or otherwise destroy juvenile law enforcement | ||||||
20 | records that would otherwise need to be automatically expunged | ||||||
21 | under this Act, except after 2 years following the subject | ||||||
22 | arrest for purposes of use in civil litigation against a | ||||||
23 | governmental entity or its law enforcement agency or personnel | ||||||
24 | which created, maintained, or used the records. However, these | ||||||
25 | juvenile law enforcement records shall be considered expunged | ||||||
26 | for all other purposes during this period and the offense, |
| |||||||
| |||||||
1 | which the records or files concern, shall be treated as if it | ||||||
2 | never occurred as required under Section 5-923. | ||||||
3 | (0.5) Subsection (0.1) or (0.2) of this Section does not | ||||||
4 | apply to violations of traffic, boating, fish and game laws, | ||||||
5 | or county or municipal ordinances. | ||||||
6 | (0.6) Juvenile law enforcement records of a plaintiff who | ||||||
7 | has filed civil litigation against the governmental entity or | ||||||
8 | its law enforcement agency or personnel that created, | ||||||
9 | maintained, or used the records, or juvenile law enforcement | ||||||
10 | records that contain information related to the allegations | ||||||
11 | set forth in the civil litigation may not be expunged until | ||||||
12 | after 2 years have elapsed after the conclusion of the | ||||||
13 | lawsuit, including any appeal. | ||||||
14 | (0.7) Officer-worn body camera recordings shall not be | ||||||
15 | automatically expunged except as otherwise authorized by the | ||||||
16 | Law Enforcement Officer-Worn Body Camera Act. | ||||||
17 | (1) Whenever a person has been arrested, charged, or | ||||||
18 | adjudicated delinquent for an incident occurring before a | ||||||
19 | person's 18th birthday that if committed by an adult would be | ||||||
20 | an offense, and that person's juvenile law enforcement and | ||||||
21 | juvenile court records are not eligible for automatic | ||||||
22 | expungement under subsection (0.1), (0.2), or (0.3), the | ||||||
23 | person may petition the court at any time at no cost to the | ||||||
24 | person for expungement of juvenile law enforcement records and | ||||||
25 | juvenile court records relating to the incident and, upon | ||||||
26 | termination of all juvenile court proceedings relating to that |
| |||||||
| |||||||
1 | incident, the court shall order the expungement of all records | ||||||
2 | in the possession of the Illinois State Police, the clerk of | ||||||
3 | the circuit court, and law enforcement agencies relating to | ||||||
4 | the incident, but only in any of the following circumstances: | ||||||
5 | (a) the minor was arrested and no petition for | ||||||
6 | delinquency was filed with the clerk of the circuit court; | ||||||
7 | (a-5) the minor was charged with an offense and the | ||||||
8 | petition or petitions were dismissed without a finding of | ||||||
9 | delinquency; | ||||||
10 | (b) the minor was charged with an offense and was | ||||||
11 | found not delinquent of that offense; | ||||||
12 | (c) the minor was placed under supervision under | ||||||
13 | Section 5-615, and the order of supervision has since been | ||||||
14 | successfully terminated; or | ||||||
15 | (d) the minor was adjudicated for an offense which | ||||||
16 | would be a Class B misdemeanor, Class C misdemeanor, or a | ||||||
17 | petty or business offense if committed by an adult. | ||||||
18 | (1.5) At no cost to the person, the Illinois State Police | ||||||
19 | shall allow a person to use the Access and Review process, | ||||||
20 | established in the Illinois State Police, for verifying that | ||||||
21 | the person's juvenile law enforcement records relating to | ||||||
22 | incidents occurring before the person's 18th birthday eligible | ||||||
23 | under this Act have been expunged. | ||||||
24 | (1.6) (Blank). | ||||||
25 | (1.7) (Blank). | ||||||
26 | (1.8) (Blank). |
| |||||||
| |||||||
1 | (2) Any person whose delinquency adjudications are not | ||||||
2 | eligible for automatic expungement under subsection (0.3) of | ||||||
3 | this Section may petition the court at no cost to the person to | ||||||
4 | expunge all juvenile law enforcement records relating to any | ||||||
5 | incidents occurring before the person's 18th birthday which | ||||||
6 | did not result in proceedings in criminal court and all | ||||||
7 | juvenile court records with respect to any adjudications | ||||||
8 | except those based upon first degree murder or an offense | ||||||
9 | under Article 11 of the Criminal Code of 2012 if the person is | ||||||
10 | required to register under the Sex Offender Registration Act | ||||||
11 | at the time the person petitions the court for expungement; | ||||||
12 | provided that 2 years have elapsed since all juvenile court | ||||||
13 | proceedings relating to the person have been terminated and | ||||||
14 | the person's commitment to the Department of Juvenile Justice | ||||||
15 | under this Act has been terminated. | ||||||
16 | (2.5) If a minor is arrested and no petition for | ||||||
17 | delinquency is filed with the clerk of the circuit court at the | ||||||
18 | time the minor is released from custody, the youth officer, if | ||||||
19 | applicable, or other designated person from the arresting | ||||||
20 | agency, shall notify verbally and in writing to the minor or | ||||||
21 | the minor's parents or guardians that the minor shall have an | ||||||
22 | arrest record and shall provide the minor and the minor's | ||||||
23 | parents or guardians with an expungement information packet, | ||||||
24 | information regarding this State's expungement laws including | ||||||
25 | a petition to expunge juvenile law enforcement and juvenile | ||||||
26 | court records obtained from the clerk of the circuit court. |
| |||||||
| |||||||
1 | (2.6) If a minor is referred to court, then, at the time of | ||||||
2 | sentencing, dismissal of the case, or successful completion of | ||||||
3 | supervision, the judge shall inform the delinquent minor of | ||||||
4 | the minor's rights regarding expungement and the clerk of the | ||||||
5 | circuit court shall provide an expungement information packet | ||||||
6 | to the minor, written in plain language, including information | ||||||
7 | regarding this State's expungement laws and a petition for | ||||||
8 | expungement, a sample of a completed petition, expungement | ||||||
9 | instructions that shall include information informing the | ||||||
10 | minor that (i) once the case is expunged, it shall be treated | ||||||
11 | as if it never occurred, (ii) the minor shall not be charged a | ||||||
12 | fee to petition for expungement, (iii) once the minor obtains | ||||||
13 | an expungement, the minor may not be required to disclose that | ||||||
14 | the minor had a juvenile law enforcement or juvenile court | ||||||
15 | record, and (iv) if petitioning the minor may file the | ||||||
16 | petition on the minor's own or with the assistance of an | ||||||
17 | attorney. The failure of the judge to inform the delinquent | ||||||
18 | minor of the minor's right to petition for expungement as | ||||||
19 | provided by law does not create a substantive right, nor is | ||||||
20 | that failure grounds for: (i) a reversal of an adjudication of | ||||||
21 | delinquency; (ii) a new trial; or (iii) an appeal. | ||||||
22 | (2.7) (Blank). | ||||||
23 | (2.8) (Blank). | ||||||
24 | (3) (Blank). | ||||||
25 | (3.1) (Blank). | ||||||
26 | (3.2) (Blank). |
| |||||||
| |||||||
1 | (3.3) (Blank). | ||||||
2 | (4) (Blank). | ||||||
3 | (5) (Blank). | ||||||
4 | (5.5) Whether or not expunged, records eligible for | ||||||
5 | automatic expungement under subdivision (0.1)(a), (0.2)(a), or | ||||||
6 | (0.3)(a) may be treated as expunged by the individual subject | ||||||
7 | to the records. | ||||||
8 | (6) (Blank). | ||||||
9 | (6.5) The Illinois State Police or any employee of the | ||||||
10 | Illinois State Police shall be immune from civil or criminal | ||||||
11 | liability for failure to expunge any records of arrest that | ||||||
12 | are subject to expungement under this Section because of | ||||||
13 | inability to verify a record. Nothing in this Section shall | ||||||
14 | create Illinois State Police liability or responsibility for | ||||||
15 | the expungement of juvenile law enforcement records it does | ||||||
16 | not possess. | ||||||
17 | (7) (Blank). | ||||||
18 | (7.5) (Blank). | ||||||
19 | (8) The expungement of juvenile law enforcement or | ||||||
20 | juvenile court records under subsection (0.1), (0.2), or (0.3) | ||||||
21 | of this Section shall be funded by appropriation by the | ||||||
22 | General Assembly for that purpose. | ||||||
23 | (9) (Blank). | ||||||
24 | (10) (Blank). | ||||||
25 | (Source: P.A. 102-538, eff. 8-20-21; 102-558, eff. 8-20-21; | ||||||
26 | 102-752, eff. 1-1-23; 103-22, eff. 8-8-23; 103-154, eff. |
| |||||||
| |||||||
1 | 6-30-23; 103-379, eff. 7-28-23; revised 8-30-23.)
| ||||||
2 | (705 ILCS 405/6-7) (from Ch. 37, par. 806-7) | ||||||
3 | Sec. 6-7. Financial responsibility of counties. | ||||||
4 | (1) Each county board shall provide in its annual | ||||||
5 | appropriation ordinance or annual budget, as the case may be, | ||||||
6 | a reasonable sum for payments for the care and support of | ||||||
7 | minors, and for payments for court appointed counsel in | ||||||
8 | accordance with orders entered under this Act in an amount | ||||||
9 | which in the judgment of the county board may be needed for | ||||||
10 | that purpose. Such appropriation or budget item constitutes a | ||||||
11 | separate fund into which shall be paid the moneys appropriated | ||||||
12 | by the county board, and all reimbursements by other persons | ||||||
13 | and by the State. For cases involving minors subject to | ||||||
14 | Article III, IV, or V of this Act or minors under the age of 18 | ||||||
15 | transferred to adult court or excluded from juvenile court | ||||||
16 | jurisdiction under Article V of this Act, the county board | ||||||
17 | shall not seek reimbursement from a minor or the minor's | ||||||
18 | parent, guardian, or legal custodian. | ||||||
19 | (2) No county may be charged with the care and support of | ||||||
20 | any minor who is not a resident of the county unless the | ||||||
21 | minor's parents or guardian are unknown or the minor's place | ||||||
22 | of residence cannot be determined. | ||||||
23 | (3) No order upon the county for care and support of a | ||||||
24 | minor may be entered until the president or chairman of the | ||||||
25 | county board has had due notice that such a proceeding is |
| |||||||
| |||||||
1 | pending. | ||||||
2 | (Source: P.A. 103-22, eff. 8-8-23; 103-379, eff. 7-28-23; | ||||||
3 | revised 8-30-23.)
| ||||||
4 | (705 ILCS 405/6-9) (from Ch. 37, par. 806-9) | ||||||
5 | Sec. 6-9. Enforcement of liability of parents and others. | ||||||
6 | (1) If parentage is at issue in any proceeding under this | ||||||
7 | Act, other than cases involving those exceptions to the | ||||||
8 | definition of parent set out in item (11) in Section 1-3, then | ||||||
9 | the Illinois Parentage Act of 2015 shall apply and the court | ||||||
10 | shall enter orders consistent with that Act. If it appears at | ||||||
11 | any hearing that a parent or any other person named in the | ||||||
12 | petition, liable under the law for the support of the minor, is | ||||||
13 | able to contribute to the minor's support, the court shall | ||||||
14 | enter an order requiring that parent or other person to pay the | ||||||
15 | clerk of the court, or to the guardian or custodian appointed | ||||||
16 | under Section 2-27, a reasonable sum from time to time for the | ||||||
17 | care, support, and necessary special care or treatment of the | ||||||
18 | minor. If the court determines at any hearing that a parent or | ||||||
19 | any other person named in the petition, liable under the law | ||||||
20 | for the support of the minor, is able to contribute to help | ||||||
21 | defray the costs associated with the minor's detention in a | ||||||
22 | county or regional detention center, the court shall enter an | ||||||
23 | order requiring that parent or other person to pay the clerk of | ||||||
24 | the court a reasonable sum for the care and support of the | ||||||
25 | minor. The court may require reasonable security for the |
| |||||||
| |||||||
1 | payments. Upon failure to pay, the court may enforce obedience | ||||||
2 | to the order by a proceeding as for contempt of court. | ||||||
3 | Costs associated with detention, legal representation, or | ||||||
4 | other services or programs under Article III, IV, or V of this | ||||||
5 | Act shall not be ordered or imposed on a parent, guardian, or | ||||||
6 | legal custodian liable under the law for the support of a | ||||||
7 | minor. the minor's the parent or other person the person's | ||||||
8 | (2) (Blank). the person the person the person's the person | ||||||
9 | the person's the person the person's the person | ||||||
10 | (3) If the minor is a recipient of public aid under the | ||||||
11 | Illinois Public Aid Code, the court shall order that payments | ||||||
12 | made by a parent or through assignment of the parent's wages, | ||||||
13 | salary , or commission be made directly to (a) the Department | ||||||
14 | of Healthcare and Family Services if the minor is a recipient | ||||||
15 | of aid under Article V of the Code, (b) the Department of Human | ||||||
16 | Services if the minor is a recipient of aid under Article IV of | ||||||
17 | the Code, or (c) the local governmental unit responsible for | ||||||
18 | the support of the minor if the minor is a recipient under | ||||||
19 | Article Articles VI or VII of the Code. The order shall permit | ||||||
20 | the Department of Healthcare and Family Services, the | ||||||
21 | Department of Human Services, or the local governmental unit, | ||||||
22 | as the case may be, to direct that subsequent payments be made | ||||||
23 | directly to the guardian or custodian of the minor, or to some | ||||||
24 | other person or agency in the minor's behalf, upon removal of | ||||||
25 | the minor from the public aid rolls; and upon such direction | ||||||
26 | and removal of the minor from the public aid rolls, the |
| |||||||
| |||||||
1 | Department of Healthcare and Family Services, the Department | ||||||
2 | of Human Services, or the local governmental unit, as the case | ||||||
3 | requires, shall give written notice of such action to the | ||||||
4 | court. Payments received by the Department of Healthcare and | ||||||
5 | Family Services, the Department of Human Services, or the | ||||||
6 | local governmental unit are to be covered, respectively, into | ||||||
7 | the General Revenue Fund of the State Treasury or the General | ||||||
8 | Assistance Fund of the governmental unit, as provided in | ||||||
9 | Section 10-19 of the Illinois Public Aid Code. | ||||||
10 | (Source: P.A. 103-22, eff. 8-8-23; 103-379, eff. 7-28-23; | ||||||
11 | revised 9-15-23.)
| ||||||
12 | (705 ILCS 405/6-10) (from Ch. 37, par. 806-10) | ||||||
13 | Sec. 6-10. State reimbursement of funds. | ||||||
14 | (a) Before the 15th day of each month, the clerk of the | ||||||
15 | court shall itemize all payments received by the clerk under | ||||||
16 | Section 6-9 during the preceding month and shall pay such | ||||||
17 | amounts to the county treasurer. Before the 20th day of each | ||||||
18 | month, the county treasurer shall file with the Department of | ||||||
19 | Children and Family Services an itemized statement of the | ||||||
20 | amount of money for the care and shelter of a minor placed in | ||||||
21 | shelter care under Sections 2-7, 3-9, 4-6 or 5-410 or placed | ||||||
22 | under Sections 2-27, 3-28, 4-25 , or 5-740 before July 1, 1980 | ||||||
23 | and after June 30, 1981, paid by the county during the last | ||||||
24 | preceding month pursuant to court order entered under Section | ||||||
25 | 6-8, certified by the court, and an itemized account of all |
| |||||||
| |||||||
1 | payments received by the clerk of the court under Section 6-9 | ||||||
2 | during the preceding month and paid over to the county | ||||||
3 | treasurer, certified by the county treasurer. The Department | ||||||
4 | of Children and Family Services shall examine and audit the | ||||||
5 | monthly statement and account, and upon finding them correct, | ||||||
6 | shall voucher for payment to the county a sum equal to the | ||||||
7 | amount so paid out by the county less the amount received by | ||||||
8 | the clerk of the court under Section 6-9 and paid to the county | ||||||
9 | treasurer but not more than an amount equal to the current | ||||||
10 | average daily rate paid by the Department of Children and | ||||||
11 | Family Services for similar services pursuant to Section 5a of | ||||||
12 | the Children and Family Services Act , approved June 4, 1963, | ||||||
13 | as amended . Reimbursement to the counties under this Section | ||||||
14 | for care and support of minors in licensed child caring | ||||||
15 | institutions must be made by the Department of Children and | ||||||
16 | Family Services only for care in those institutions which have | ||||||
17 | filed with the Department a certificate affirming that they | ||||||
18 | admit minors on the basis of need without regard to race or | ||||||
19 | ethnic origin. | ||||||
20 | (b) The county treasurer may file with the Department of | ||||||
21 | Children and Family Services an itemized statement of the | ||||||
22 | amount of money paid by the county during the last preceding | ||||||
23 | month pursuant to court order entered under Section 6-8, | ||||||
24 | certified by the court, and an itemized account of all | ||||||
25 | payments received by the clerk of the court under Section 6-9 | ||||||
26 | during the preceding month and paid over to the county |
| |||||||
| |||||||
1 | treasurer, certified by the county treasurer. The Department | ||||||
2 | of Children and Family Services shall examine and audit the | ||||||
3 | monthly statement and account, and upon finding them correct, | ||||||
4 | shall voucher for payment to the county a sum equal to the | ||||||
5 | amount so paid out by the county less the amount received by | ||||||
6 | the clerk of the court under Section 6-9 and paid to the county | ||||||
7 | treasurer. Subject to appropriations for that purpose, the | ||||||
8 | State shall reimburse the county for the care and shelter of a | ||||||
9 | minor placed in detention as a result of any new provisions | ||||||
10 | that are created by the Juvenile Justice Reform Provisions of | ||||||
11 | 1998 (Public Act 90-590). | ||||||
12 | (Source: P.A. 103-22, eff. 8-8-23; revised 9-20-23.)
| ||||||
13 | Section 560. The Criminal Code of 2012 is amended by | ||||||
14 | changing Sections 9-1, 24-1.9, 24-1.10, and 24-5.1 as follows:
| ||||||
15 | (720 ILCS 5/9-1) (from Ch. 38, par. 9-1) | ||||||
16 | Sec. 9-1. First degree murder. | ||||||
17 | (a) A person who kills an individual without lawful | ||||||
18 | justification commits first degree murder if, in performing | ||||||
19 | the acts which cause the death: | ||||||
20 | (1) he or she either intends to kill or do great bodily | ||||||
21 | harm to that individual or another, or knows that such | ||||||
22 | acts will cause death to that individual or another; or | ||||||
23 | (2) he or she knows that such acts create a strong | ||||||
24 | probability of death or great bodily harm to that |
| |||||||
| |||||||
1 | individual or another; or | ||||||
2 | (3) he or she, acting alone or with one or more | ||||||
3 | participants, commits or attempts to commit a forcible | ||||||
4 | felony other than second degree murder, and in the course | ||||||
5 | of or in furtherance of such crime or flight therefrom, he | ||||||
6 | or she or another participant causes the death of a | ||||||
7 | person. | ||||||
8 | (b) (Blank). | ||||||
9 | (b-5) (Blank). | ||||||
10 | (c) (Blank). | ||||||
11 | (d) (Blank). | ||||||
12 | (e) (Blank). | ||||||
13 | (f) (Blank). | ||||||
14 | (g) (Blank). | ||||||
15 | (h) (Blank). . | ||||||
16 | (h-5) (Blank). | ||||||
17 | (i) (Blank). | ||||||
18 | (j) (Blank). | ||||||
19 | (k) (Blank). | ||||||
20 | (Source: P.A. 103-51, eff. 1-1-24; revised 9-20-23.)
| ||||||
21 | (720 ILCS 5/24-1.9) | ||||||
22 | Sec. 24-1.9. Manufacture, possession, delivery, sale, and | ||||||
23 | purchase of assault weapons, .50 caliber rifles, and .50 | ||||||
24 | caliber cartridges. | ||||||
25 | (a) Definitions. In this Section: |
| |||||||
| |||||||
1 | (1) "Assault weapon" means any of the following, except as | ||||||
2 | provided in subdivision (2) of this subsection: | ||||||
3 | (A) A semiautomatic rifle that has the capacity to | ||||||
4 | accept a detachable magazine or that may be readily | ||||||
5 | modified to accept a detachable magazine, if the firearm | ||||||
6 | has one or more of the following: | ||||||
7 | (i) a pistol grip or thumbhole stock; | ||||||
8 | (ii) any feature capable of functioning as a | ||||||
9 | protruding grip that can be held by the non-trigger | ||||||
10 | hand; | ||||||
11 | (iii) a folding, telescoping, thumbhole, or | ||||||
12 | detachable stock, or a stock that is otherwise | ||||||
13 | foldable or adjustable in a manner that operates to | ||||||
14 | reduce the length, size, or any other dimension, or | ||||||
15 | otherwise enhances the concealability of, the weapon; | ||||||
16 | (iv) a flash suppressor; | ||||||
17 | (v) a grenade launcher; | ||||||
18 | (vi) a shroud attached to the barrel or that | ||||||
19 | partially or completely encircles the barrel, allowing | ||||||
20 | the bearer to hold the firearm with the non-trigger | ||||||
21 | hand without being burned, but excluding a slide that | ||||||
22 | encloses the barrel. | ||||||
23 | (B) A semiautomatic rifle that has a fixed magazine | ||||||
24 | with the capacity to accept more than 10 rounds, except | ||||||
25 | for an attached tubular device designed to accept, and | ||||||
26 | capable of operating only with, .22 caliber rimfire |
| |||||||
| |||||||
1 | ammunition. | ||||||
2 | (C) A semiautomatic pistol that has the capacity to | ||||||
3 | accept a detachable magazine or that may be readily | ||||||
4 | modified to accept a detachable magazine, if the firearm | ||||||
5 | has one or more of the following: | ||||||
6 | (i) a threaded barrel; | ||||||
7 | (ii) a second pistol grip or another feature | ||||||
8 | capable of functioning as a protruding grip that can | ||||||
9 | be held by the non-trigger hand; | ||||||
10 | (iii) a shroud attached to the barrel or that | ||||||
11 | partially or completely encircles the barrel, allowing | ||||||
12 | the bearer to hold the firearm with the non-trigger | ||||||
13 | hand without being burned, but excluding a slide that | ||||||
14 | encloses the barrel; | ||||||
15 | (iv) a flash suppressor; | ||||||
16 | (v) the capacity to accept a detachable magazine | ||||||
17 | at some location outside of the pistol grip; or | ||||||
18 | (vi) a buffer tube, arm brace, or other part that | ||||||
19 | protrudes horizontally behind the pistol grip and is | ||||||
20 | designed or redesigned to allow or facilitate a | ||||||
21 | firearm to be fired from the shoulder. | ||||||
22 | (D) A semiautomatic pistol that has a fixed magazine | ||||||
23 | with the capacity to accept more than 15 rounds. | ||||||
24 | (E) Any shotgun with a revolving cylinder. | ||||||
25 | (F) A semiautomatic shotgun that has one or more of | ||||||
26 | the following: |
| |||||||
| |||||||
1 | (i) a pistol grip or thumbhole stock; | ||||||
2 | (ii) any feature capable of functioning as a | ||||||
3 | protruding grip that can be held by the non-trigger | ||||||
4 | hand; | ||||||
5 | (iii) a folding or thumbhole stock; | ||||||
6 | (iv) a grenade launcher; | ||||||
7 | (v) a fixed magazine with the capacity of more | ||||||
8 | than 5 rounds; or | ||||||
9 | (vi) the capacity to accept a detachable magazine. | ||||||
10 | (G) Any semiautomatic firearm that has the capacity to | ||||||
11 | accept a belt ammunition feeding device. | ||||||
12 | (H) Any firearm that has been modified to be operable | ||||||
13 | as an assault weapon as defined in this Section. | ||||||
14 | (I) Any part or combination of parts designed or | ||||||
15 | intended to convert a firearm into an assault weapon, | ||||||
16 | including any combination of parts from which an assault | ||||||
17 | weapon may be readily assembled if those parts are in the | ||||||
18 | possession or under the control of the same person. | ||||||
19 | (J) All of the following rifles, copies, duplicates, | ||||||
20 | variants, or altered facsimiles with the capability of any | ||||||
21 | such weapon: | ||||||
22 | (i) All AK types, including the following: | ||||||
23 | (I) AK, AK47, AK47S, AK-74, AKM, AKS, ARM, | ||||||
24 | MAK90, MISR, NHM90, NHM91, SA85, SA93, Vector Arms | ||||||
25 | AK-47, VEPR, WASR-10, and WUM. | ||||||
26 | (II) IZHMASH Saiga AK. |
| |||||||
| |||||||
1 | (III) MAADI AK47 and ARM. | ||||||
2 | (IV) Norinco 56S, 56S2, 84S, and 86S. | ||||||
3 | (V) Poly Technologies AK47 and AKS. | ||||||
4 | (VI) SKS with a detachable magazine. | ||||||
5 | (ii) all AR types, including the following: | ||||||
6 | (I) AR-10. | ||||||
7 | (II) AR-15. | ||||||
8 | (III) Alexander Arms Overmatch Plus 16. | ||||||
9 | (IV) Armalite M15 22LR Carbine. | ||||||
10 | (V) Armalite M15-T. | ||||||
11 | (VI) Barrett REC7. | ||||||
12 | (VII) Beretta AR-70. | ||||||
13 | (VIII) Black Rain Ordnance Recon Scout. | ||||||
14 | (IX) Bushmaster ACR. | ||||||
15 | (X) Bushmaster Carbon 15. | ||||||
16 | (XI) Bushmaster MOE series. | ||||||
17 | (XII) Bushmaster XM15. | ||||||
18 | (XIII) Chiappa Firearms MFour rifles. | ||||||
19 | (XIV) Colt Match Target rifles. | ||||||
20 | (XV) CORE Rifle Systems CORE15 rifles. | ||||||
21 | (XVI) Daniel Defense M4A1 rifles. | ||||||
22 | (XVII) Devil Dog Arms 15 Series rifles. | ||||||
23 | (XVIII) Diamondback DB15 rifles. | ||||||
24 | (XIX) DoubleStar AR rifles. | ||||||
25 | (XX) DPMS Tactical rifles. | ||||||
26 | (XXI) DSA Inc. ZM-4 Carbine. |
| |||||||
| |||||||
1 | (XXII) Heckler & Koch MR556. | ||||||
2 | (XXIII) High Standard HSA-15 rifles. | ||||||
3 | (XXIV) Jesse James Nomad AR-15 rifle. | ||||||
4 | (XXV) Knight's Armament SR-15. | ||||||
5 | (XXVI) Lancer L15 rifles. | ||||||
6 | (XXVII) MGI Hydra Series rifles. | ||||||
7 | (XXVIII) Mossberg MMR Tactical rifles. | ||||||
8 | (XXIX) Noreen Firearms BN 36 rifle. | ||||||
9 | (XXX) Olympic Arms. | ||||||
10 | (XXXI) POF USA P415. | ||||||
11 | (XXXII) Precision Firearms AR rifles. | ||||||
12 | (XXXIII) Remington R-15 rifles. | ||||||
13 | (XXXIV) Rhino Arms AR rifles. | ||||||
14 | (XXXV) Rock River Arms LAR-15 or Rock River | ||||||
15 | Arms LAR-47. | ||||||
16 | (XXXVI) Sig Sauer SIG516 rifles and MCX | ||||||
17 | rifles. | ||||||
18 | (XXXVII) Smith & Wesson M&P15 rifles. | ||||||
19 | (XXXVIII) Stag Arms AR rifles. | ||||||
20 | (XXXIX) Sturm, Ruger & Co. SR556 and AR-556 | ||||||
21 | rifles. | ||||||
22 | (XL) Uselton Arms Air-Lite M-4 rifles. | ||||||
23 | (XLI) Windham Weaponry AR rifles. | ||||||
24 | (XLII) WMD Guns Big Beast. | ||||||
25 | (XLIII) Yankee Hill Machine Company, Inc. | ||||||
26 | YHM-15 rifles. |
| |||||||
| |||||||
1 | (iii) Barrett M107A1. | ||||||
2 | (iv) Barrett M82A1. | ||||||
3 | (v) Beretta CX4 Storm. | ||||||
4 | (vi) Calico Liberty Series. | ||||||
5 | (vii) CETME Sporter. | ||||||
6 | (viii) Daewoo K-1, K-2, Max 1, Max 2, AR 100, and | ||||||
7 | AR 110C. | ||||||
8 | (ix) Fabrique Nationale/FN Herstal FAL, LAR, 22 | ||||||
9 | FNC, 308 Match, L1A1 Sporter, PS90, SCAR, and FS2000. | ||||||
10 | (x) Feather Industries AT-9. | ||||||
11 | (xi) Galil Model AR and Model ARM. | ||||||
12 | (xii) Hi-Point Carbine. | ||||||
13 | (xiii) HK-91, HK-93, HK-94, HK-PSG-1, and HK USC. | ||||||
14 | (xiv) IWI TAVOR, Galil ACE rifle. | ||||||
15 | (xv) Kel-Tec Sub-2000, SU-16, and RFB. | ||||||
16 | (xvi) SIG AMT, SIG PE-57, Sig Sauer SG 550, Sig | ||||||
17 | Sauer SG 551, and SIG MCX. | ||||||
18 | (xvii) Springfield Armory SAR-48. | ||||||
19 | (xviii) Steyr AUG. | ||||||
20 | (xix) Sturm, Ruger & Co. Mini-14 Tactical Rifle | ||||||
21 | M-14/20CF. | ||||||
22 | (xx) All Thompson rifles, including the following: | ||||||
23 | (I) Thompson M1SB. | ||||||
24 | (II) Thompson T1100D. | ||||||
25 | (III) Thompson T150D. | ||||||
26 | (IV) Thompson T1B. |
| |||||||
| |||||||
1 | (V) Thompson T1B100D. | ||||||
2 | (VI) Thompson T1B50D. | ||||||
3 | (VII) Thompson T1BSB. | ||||||
4 | (VIII) Thompson T1-C. | ||||||
5 | (IX) Thompson T1D. | ||||||
6 | (X) Thompson T1SB. | ||||||
7 | (XI) Thompson T5. | ||||||
8 | (XII) Thompson T5100D. | ||||||
9 | (XIII) Thompson TM1. | ||||||
10 | (XIV) Thompson TM1C. | ||||||
11 | (xxi) UMAREX UZI rifle. | ||||||
12 | (xxii) UZI Mini Carbine, UZI Model A Carbine, and | ||||||
13 | UZI Model B Carbine. | ||||||
14 | (xxiii) Valmet M62S, M71S, and M78. | ||||||
15 | (xxiv) Vector Arms UZI Type. | ||||||
16 | (xxv) Weaver Arms Nighthawk. | ||||||
17 | (xxvi) Wilkinson Arms Linda Carbine. | ||||||
18 | (K) All of the following pistols, copies, duplicates, | ||||||
19 | variants, or altered facsimiles with the capability of any | ||||||
20 | such weapon thereof: | ||||||
21 | (i) All AK types, including the following: | ||||||
22 | (I) Centurion 39 AK pistol. | ||||||
23 | (II) CZ Scorpion pistol. | ||||||
24 | (III) Draco AK-47 pistol. | ||||||
25 | (IV) HCR AK-47 pistol. | ||||||
26 | (V) IO Inc. Hellpup AK-47 pistol. |
| |||||||
| |||||||
1 | (VI) Krinkov pistol. | ||||||
2 | (VII) Mini Draco AK-47 pistol. | ||||||
3 | (VIII) PAP M92 pistol. | ||||||
4 | (IX) Yugo Krebs Krink pistol. | ||||||
5 | (ii) All AR types, including the following: | ||||||
6 | (I) American Spirit AR-15 pistol. | ||||||
7 | (II) Bushmaster Carbon 15 pistol. | ||||||
8 | (III) Chiappa Firearms M4 Pistol GEN II. | ||||||
9 | (IV) CORE Rifle Systems CORE15 Roscoe pistol. | ||||||
10 | (V) Daniel Defense MK18 pistol. | ||||||
11 | (VI) DoubleStar Corporation AR pistol. | ||||||
12 | (VII) DPMS AR-15 pistol. | ||||||
13 | (VIII) Jesse James Nomad AR-15 pistol. | ||||||
14 | (IX) Olympic Arms AR-15 pistol. | ||||||
15 | (X) Osprey Armament MK-18 pistol. | ||||||
16 | (XI) POF USA AR pistols. | ||||||
17 | (XII) Rock River Arms LAR 15 pistol. | ||||||
18 | (XIII) Uselton Arms Air-Lite M-4 pistol. | ||||||
19 | (iii) Calico pistols. | ||||||
20 | (iv) DSA SA58 PKP FAL pistol. | ||||||
21 | (v) Encom MP-9 and MP-45. | ||||||
22 | (vi) Heckler & Koch model SP-89 pistol. | ||||||
23 | (vii) Intratec AB-10, TEC-22 Scorpion, TEC-9, and | ||||||
24 | TEC-DC9. | ||||||
25 | (viii) IWI Galil Ace pistol, UZI PRO pistol. | ||||||
26 | (ix) Kel-Tec PLR 16 pistol. |
| |||||||
| |||||||
1 | (x) All MAC types, including the following: | ||||||
2 | (I) MAC-10. | ||||||
3 | (II) MAC-11. | ||||||
4 | (III) Masterpiece Arms MPA A930 Mini Pistol, | ||||||
5 | MPA460 Pistol, MPA Tactical Pistol, and MPA Mini | ||||||
6 | Tactical Pistol. | ||||||
7 | (IV) Military Armament Corp. Ingram M-11. | ||||||
8 | (V) Velocity Arms VMAC. | ||||||
9 | (xi) Sig Sauer P556 pistol. | ||||||
10 | (xii) Sites Spectre. | ||||||
11 | (xiii) All Thompson types, including the | ||||||
12 | following: | ||||||
13 | (I) Thompson TA510D. | ||||||
14 | (II) Thompson TA5. | ||||||
15 | (xiv) All UZI types, including Micro-UZI. | ||||||
16 | (L) All of the following shotguns, copies, duplicates, | ||||||
17 | variants, or altered facsimiles with the capability of any | ||||||
18 | such weapon thereof: | ||||||
19 | (i) DERYA Anakon MC-1980, Anakon SD12. | ||||||
20 | (ii) Doruk Lethal shotguns. | ||||||
21 | (iii) Franchi LAW-12 and SPAS 12. | ||||||
22 | (iv) All IZHMASH Saiga 12 types, including the | ||||||
23 | following: | ||||||
24 | (I) IZHMASH Saiga 12. | ||||||
25 | (II) IZHMASH Saiga 12S. | ||||||
26 | (III) IZHMASH Saiga 12S EXP-01. |
| |||||||
| |||||||
1 | (IV) IZHMASH Saiga 12K. | ||||||
2 | (V) IZHMASH Saiga 12K-030. | ||||||
3 | (VI) IZHMASH Saiga 12K-040 Taktika. | ||||||
4 | (v) Streetsweeper. | ||||||
5 | (vi) Striker 12. | ||||||
6 | (2) "Assault weapon" does not include: | ||||||
7 | (A) Any firearm that is an unserviceable firearm or | ||||||
8 | has been made permanently inoperable. | ||||||
9 | (B) An antique firearm or a replica of an antique | ||||||
10 | firearm. | ||||||
11 | (C) A firearm that is manually operated by bolt, pump, | ||||||
12 | lever or slide action, unless the firearm is a shotgun | ||||||
13 | with a revolving cylinder. | ||||||
14 | (D) Any air rifle as defined in Section 24.8-0.1 of | ||||||
15 | this Code. | ||||||
16 | (E) Any handgun, as defined under the Firearm | ||||||
17 | Concealed Carry Act, unless otherwise listed in this | ||||||
18 | Section. | ||||||
19 | (3) "Assault weapon attachment" means any device capable | ||||||
20 | of being attached to a firearm that is specifically designed | ||||||
21 | for making or converting a firearm into any of the firearms | ||||||
22 | listed in paragraph (1) of this subsection (a). | ||||||
23 | (4) "Antique firearm" has the meaning ascribed to it in 18 | ||||||
24 | U.S.C. 921(a)(16). | ||||||
25 | (5) ".50 caliber rifle" means a centerfire rifle capable | ||||||
26 | of firing a .50 caliber cartridge. The term does not include |
| |||||||
| |||||||
1 | any antique firearm, any shotgun including a shotgun that has | ||||||
2 | a rifle barrel, or any muzzle-loader which uses black powder | ||||||
3 | for hunting or historical reenactments. | ||||||
4 | (6) ".50 caliber cartridge" means a cartridge in .50 BMG | ||||||
5 | caliber, either by designation or actual measurement, that is | ||||||
6 | capable of being fired from a centerfire rifle. The term ".50 | ||||||
7 | caliber cartridge" does not include any memorabilia or display | ||||||
8 | item that is filled with a permanent inert substance or that is | ||||||
9 | otherwise permanently altered in a manner that prevents ready | ||||||
10 | modification for use as live ammunition or shotgun ammunition | ||||||
11 | with a caliber measurement that is equal to or greater than .50 | ||||||
12 | caliber. | ||||||
13 | (7) "Detachable magazine" means an ammunition feeding | ||||||
14 | device that may be removed from a firearm without disassembly | ||||||
15 | of the firearm action, including an ammunition feeding device | ||||||
16 | that may be readily removed from a firearm with the use of a | ||||||
17 | bullet, cartridge, accessory, or other tool, or any other | ||||||
18 | object that functions as a tool, including a bullet or | ||||||
19 | cartridge. | ||||||
20 | (8) "Fixed magazine" means an ammunition feeding device | ||||||
21 | that is permanently attached to a firearm, or contained in and | ||||||
22 | not removable from a firearm, or that is otherwise not a | ||||||
23 | detachable magazine, but does not include an attached tubular | ||||||
24 | device designed to accept, and capable of operating only with, | ||||||
25 | .22 caliber rimfire ammunition. | ||||||
26 | (b) Except as provided in subsections (c), (d), and (e), |
| |||||||
| |||||||
1 | on or after January 10, 2023 ( the effective date of Public Act | ||||||
2 | 102-1116) this amendatory Act of the 102nd General Assembly , | ||||||
3 | it is unlawful for any person within this State to knowingly | ||||||
4 | manufacture, deliver, sell, import, or purchase or cause to be | ||||||
5 | manufactured, delivered, sold, imported, or purchased by | ||||||
6 | another, an assault weapon, assault weapon attachment, .50 | ||||||
7 | caliber rifle, or .50 caliber cartridge. | ||||||
8 | (c) Except as otherwise provided in subsection (d), | ||||||
9 | beginning January 1, 2024, it is unlawful for any person | ||||||
10 | within this State to knowingly possess an assault weapon, | ||||||
11 | assault weapon attachment, .50 caliber rifle, or .50 caliber | ||||||
12 | cartridge. | ||||||
13 | (d) This Section does not apply to a person's possession | ||||||
14 | of an assault weapon, assault weapon attachment, .50 caliber | ||||||
15 | rifle, or .50 caliber cartridge device if the person lawfully | ||||||
16 | possessed that assault weapon, assault weapon attachment, .50 | ||||||
17 | caliber rifle, or .50 caliber cartridge prohibited by | ||||||
18 | subsection (c) of this Section, if the person has provided in | ||||||
19 | an endorsement affidavit, prior to January 1, 2024, under oath | ||||||
20 | or affirmation and in the form and manner prescribed by the | ||||||
21 | Illinois State Police, no later than October 1, 2023: | ||||||
22 | (1) the affiant's Firearm Owner's Identification Card | ||||||
23 | number; | ||||||
24 | (2) an affirmation that the affiant: (i) possessed an | ||||||
25 | assault weapon, assault weapon attachment, .50 caliber | ||||||
26 | rifle, or .50 caliber cartridge before January 10, 2023 |
| |||||||
| |||||||
1 | ( the effective date of Public Act 102-1116) this | ||||||
2 | amendatory Act of the 102nd General Assembly ; or (ii) | ||||||
3 | inherited the assault weapon, assault weapon attachment, | ||||||
4 | .50 caliber rifle, or .50 caliber cartridge from a person | ||||||
5 | with an endorsement under this Section or from a person | ||||||
6 | authorized under subdivisions (1) through (5) of | ||||||
7 | subsection (e) to possess the assault weapon, assault | ||||||
8 | weapon attachment, .50 caliber rifle, or .50 caliber | ||||||
9 | cartridge; and | ||||||
10 | (3) the make, model, caliber, and serial number of the | ||||||
11 | .50 caliber rifle or assault weapon or assault weapons | ||||||
12 | listed in paragraphs (J), (K), and (L) of subdivision (1) | ||||||
13 | of subsection (a) of this Section possessed by the affiant | ||||||
14 | prior to January 10, 2023 ( the effective date of Public | ||||||
15 | Act 102-1116) this amendatory Act of the 102nd General | ||||||
16 | Assembly and any assault weapons identified and published | ||||||
17 | by the Illinois State Police pursuant to this subdivision | ||||||
18 | (3). No later than October 1, 2023, and every October 1 | ||||||
19 | thereafter, the Illinois State Police shall, via | ||||||
20 | rulemaking, identify, publish, and make available on its | ||||||
21 | website, the list of assault weapons subject to an | ||||||
22 | endorsement affidavit under this subsection (d). The list | ||||||
23 | shall identify, but is not limited to, the copies, | ||||||
24 | duplicates, variants, and altered facsimiles of the | ||||||
25 | assault weapons identified in paragraphs (J), (K), and (L) | ||||||
26 | of subdivision (1) of subsection (a) of this Section and |
| |||||||
| |||||||
1 | shall be consistent with the definition of "assault | ||||||
2 | weapon" identified in this Section. The Illinois State | ||||||
3 | Police may adopt emergency rulemaking in accordance with | ||||||
4 | Section 5-45 of the Illinois Administrative Procedure Act. | ||||||
5 | The adoption of emergency rules authorized by Section 5-45 | ||||||
6 | of the Illinois Administrative Procedure Act and this | ||||||
7 | paragraph is deemed to be necessary for the public | ||||||
8 | interest, safety, and welfare. | ||||||
9 | The affidavit form shall include the following statement | ||||||
10 | printed in bold type: "Warning: Entering false information on | ||||||
11 | this form is punishable as perjury under Section 32-2 of the | ||||||
12 | Criminal Code of 2012. Entering false information on this form | ||||||
13 | is a violation of the Firearm Owners Identification Card Act." | ||||||
14 | In any administrative, civil, or criminal proceeding in | ||||||
15 | this State, a completed endorsement affidavit submitted to the | ||||||
16 | Illinois State Police by a person under this Section creates a | ||||||
17 | rebuttable presumption that the person is entitled to possess | ||||||
18 | and transport the assault weapon, assault weapon attachment, | ||||||
19 | .50 caliber rifle, or .50 caliber cartridge. | ||||||
20 | Beginning 90 days after January 10, 2023 ( the effective | ||||||
21 | date of Public Act 102-1116) this amendatory Act of the 102nd | ||||||
22 | General Assembly , a person authorized under this Section to | ||||||
23 | possess an assault weapon, assault weapon attachment, .50 | ||||||
24 | caliber rifle, or .50 caliber cartridge shall possess such | ||||||
25 | items only: | ||||||
26 | (1) on private property owned or immediately |
| |||||||
| |||||||
1 | controlled by the person; | ||||||
2 | (2) on private property that is not open to the public | ||||||
3 | with the express permission of the person who owns or | ||||||
4 | immediately controls such property; | ||||||
5 | (3) while on the premises of a licensed firearms | ||||||
6 | dealer or gunsmith for the purpose of lawful repair; | ||||||
7 | (4) while engaged in the legal use of the assault | ||||||
8 | weapon, assault weapon attachment, .50 caliber rifle, or | ||||||
9 | .50 caliber cartridge at a properly licensed firing range | ||||||
10 | or sport shooting competition venue; or | ||||||
11 | (5) while traveling to or from these locations, | ||||||
12 | provided that the assault weapon, assault weapon | ||||||
13 | attachment, or .50 caliber rifle is unloaded and the | ||||||
14 | assault weapon, assault weapon attachment, .50 caliber | ||||||
15 | rifle, or .50 caliber cartridge is enclosed in a case, | ||||||
16 | firearm carrying box, shipping box, or other container. | ||||||
17 | Beginning on January 1, 2024, the person with the | ||||||
18 | endorsement for an assault weapon, assault weapon attachment, | ||||||
19 | .50 caliber rifle, or .50 caliber cartridge or a person | ||||||
20 | authorized under subdivisions (1) through (5) of subsection | ||||||
21 | (e) to possess an assault weapon, assault weapon attachment, | ||||||
22 | .50 caliber rifle, or .50 caliber cartridge may transfer the | ||||||
23 | assault weapon, assault weapon attachment, .50 caliber rifle, | ||||||
24 | or .50 caliber cartridge only to an heir, an individual | ||||||
25 | residing in another state maintaining it in another state, or | ||||||
26 | a dealer licensed as a federal firearms dealer under Section |
| |||||||
| |||||||
1 | 923 of the federal Gun Control Act of 1968. Within 10 days | ||||||
2 | after transfer of the weapon except to an heir, the person | ||||||
3 | shall notify the Illinois State Police of the name and address | ||||||
4 | of the transferee and comply with the requirements of | ||||||
5 | subsection (b) of Section 3 of the Firearm Owners | ||||||
6 | Identification Card Act. The person to whom the weapon or | ||||||
7 | ammunition is transferred shall, within 60 days of the | ||||||
8 | transfer, complete an affidavit required under this Section. A | ||||||
9 | person to whom the weapon is transferred may transfer it only | ||||||
10 | as provided in this subsection. | ||||||
11 | Except as provided in subsection (e) and beginning on | ||||||
12 | January 1, 2024, any person who moves into this State in | ||||||
13 | possession of an assault weapon, assault weapon attachment, | ||||||
14 | .50 caliber rifle, or .50 caliber cartridge shall, within 60 | ||||||
15 | days, apply for a Firearm Owners Identification Card and | ||||||
16 | complete an endorsement application as outlined in subsection | ||||||
17 | (d). | ||||||
18 | Notwithstanding any other law, information contained in | ||||||
19 | the endorsement affidavit shall be confidential, is exempt | ||||||
20 | from disclosure under the Freedom of Information Act, and | ||||||
21 | shall not be disclosed, except to law enforcement agencies | ||||||
22 | acting in the performance of their duties. | ||||||
23 | (e) The provisions of this Section regarding the purchase | ||||||
24 | or possession of assault weapons, assault weapon attachments, | ||||||
25 | .50 caliber rifles, and .50 cartridges, as well as the | ||||||
26 | provisions of this Section that prohibit causing those items |
| |||||||
| |||||||
1 | to be purchased or possessed, do not apply to: | ||||||
2 | (1) Peace officers, as defined in Section 2-13 of this | ||||||
3 | Code. | ||||||
4 | (2) Qualified law enforcement officers and qualified | ||||||
5 | retired law enforcement officers as defined in the Law | ||||||
6 | Enforcement Officers Safety Act of 2004 (18 U.S.C. 926B | ||||||
7 | and 926C) and as recognized under Illinois law. | ||||||
8 | (3) Acquisition and possession by a federal, State, or | ||||||
9 | local law enforcement agency for the purpose of equipping | ||||||
10 | the agency's peace officers as defined in paragraph (1) or | ||||||
11 | (2) of this subsection (e). | ||||||
12 | (4) Wardens, superintendents, and keepers of prisons, | ||||||
13 | penitentiaries, jails, and other institutions for the | ||||||
14 | detention of persons accused or convicted of an offense. | ||||||
15 | (5) Members of the Armed Services or Reserve Forces of | ||||||
16 | the United States or the Illinois National Guard, while | ||||||
17 | performing their official duties or while traveling to or | ||||||
18 | from their places of duty. | ||||||
19 | (6) Any company that employs armed security officers | ||||||
20 | in this State at a nuclear energy, storage, weapons, or | ||||||
21 | development site or facility regulated by the federal | ||||||
22 | Nuclear Regulatory Commission and any person employed as | ||||||
23 | an armed security force member at a nuclear energy, | ||||||
24 | storage, weapons, or development site or facility | ||||||
25 | regulated by the federal Nuclear Regulatory Commission who | ||||||
26 | has completed the background screening and training |
| |||||||
| |||||||
1 | mandated by the rules and regulations of the federal | ||||||
2 | Nuclear Regulatory Commission and while performing | ||||||
3 | official duties. | ||||||
4 | (7) Any private security contractor agency licensed | ||||||
5 | under the Private Detective, Private Alarm, Private | ||||||
6 | Security, Fingerprint Vendor, and Locksmith Act of 2004 | ||||||
7 | that employs private security contractors and any private | ||||||
8 | security contractor who is licensed and has been issued a | ||||||
9 | firearm control card under the Private Detective, Private | ||||||
10 | Alarm, Private Security, Fingerprint Vendor, and Locksmith | ||||||
11 | Act of 2004 while performing official duties. | ||||||
12 | The provisions of this Section do not apply to the | ||||||
13 | manufacture, delivery, sale, import, purchase, or possession | ||||||
14 | of an assault weapon, assault weapon attachment, .50 caliber | ||||||
15 | rifle, or .50 caliber cartridge or causing the manufacture, | ||||||
16 | delivery, sale, importation, purchase, or possession of those | ||||||
17 | items: | ||||||
18 | (A) for sale or transfer to persons authorized under | ||||||
19 | subdivisions (1) through (7) of this subsection (e) to | ||||||
20 | possess those items; | ||||||
21 | (B) for sale or transfer to the United States or any | ||||||
22 | department or agency thereof; or | ||||||
23 | (C) for sale or transfer in another state or for | ||||||
24 | export. | ||||||
25 | This Section does not apply to or affect any of the | ||||||
26 | following: |
| |||||||
| |||||||
1 | (i) Possession of any firearm if that firearm is | ||||||
2 | sanctioned by the International Olympic Committee and by | ||||||
3 | USA Shooting, the national governing body for | ||||||
4 | international shooting competition in the United States, | ||||||
5 | but only when the firearm is in the actual possession of an | ||||||
6 | Olympic target shooting competitor or target shooting | ||||||
7 | coach for the purpose of storage, transporting to and from | ||||||
8 | Olympic target shooting practice or events if the firearm | ||||||
9 | is broken down in a nonfunctioning state, is not | ||||||
10 | immediately accessible, or is unloaded and enclosed in a | ||||||
11 | firearm case, carrying box, shipping box, or other similar | ||||||
12 | portable container designed for the safe transportation of | ||||||
13 | firearms, and when the Olympic target shooting competitor | ||||||
14 | or target shooting coach is engaging in those practices or | ||||||
15 | events. For the purposes of this paragraph (8), "firearm" | ||||||
16 | has the meaning provided in Section 1.1 of the Firearm | ||||||
17 | Owners Identification Card Act. | ||||||
18 | (ii) Any nonresident who transports, within 24 hours, | ||||||
19 | a weapon for any lawful purpose from any place where the | ||||||
20 | nonresident may lawfully possess and carry that weapon to | ||||||
21 | any other place where the nonresident may lawfully possess | ||||||
22 | and carry that weapon if, during the transportation, the | ||||||
23 | weapon is unloaded, and neither the weapon nor any | ||||||
24 | ammunition being transported is readily accessible or is | ||||||
25 | directly accessible from the passenger compartment of the | ||||||
26 | transporting vehicle. In the case of a vehicle without a |
| |||||||
| |||||||
1 | compartment separate from the driver's compartment, the | ||||||
2 | weapon or ammunition shall be contained in a locked | ||||||
3 | container other than the glove compartment or console. | ||||||
4 | (iii) Possession of a weapon at an event taking place | ||||||
5 | at the World Shooting and Recreational Complex at Sparta, | ||||||
6 | only while engaged in the legal use of the weapon, or while | ||||||
7 | traveling to or from that location if the weapon is broken | ||||||
8 | down in a nonfunctioning state, is not immediately | ||||||
9 | accessible, or is unloaded and enclosed in a firearm case, | ||||||
10 | carrying box, shipping box, or other similar portable | ||||||
11 | container designed for the safe transportation of | ||||||
12 | firearms. | ||||||
13 | (iv) Possession of a weapon only for hunting use | ||||||
14 | expressly permitted under the Wildlife Code, or while | ||||||
15 | traveling to or from a location authorized for this | ||||||
16 | hunting use under the Wildlife Code if the weapon is | ||||||
17 | broken down in a nonfunctioning state, is not immediately | ||||||
18 | accessible, or is unloaded and enclosed in a firearm case, | ||||||
19 | carrying box, shipping box, or other similar portable | ||||||
20 | container designed for the safe transportation of | ||||||
21 | firearms. By October 1, 2023, the Illinois State Police, | ||||||
22 | in consultation with the Department of Natural Resources, | ||||||
23 | shall adopt rules concerning the list of applicable | ||||||
24 | weapons approved under this subparagraph (iv). The | ||||||
25 | Illinois State Police may adopt emergency rules in | ||||||
26 | accordance with Section 5-45 of the Illinois |
| |||||||
| |||||||
1 | Administrative Procedure Act. The adoption of emergency | ||||||
2 | rules authorized by Section 5-45 of the Illinois | ||||||
3 | Administrative Procedure Act and this paragraph is deemed | ||||||
4 | to be necessary for the public interest, safety, and | ||||||
5 | welfare. | ||||||
6 | (v) The manufacture, transportation, possession, sale, | ||||||
7 | or rental of blank-firing assault weapons and .50 caliber | ||||||
8 | rifles, or the weapon's respective attachments, to persons | ||||||
9 | authorized or permitted, or both authorized and permitted, | ||||||
10 | to acquire and possess these weapons or attachments for | ||||||
11 | the purpose of rental for use solely as props for a motion | ||||||
12 | picture, television, or video production or entertainment | ||||||
13 | event. | ||||||
14 | Any person not subject to this Section may submit an | ||||||
15 | endorsement affidavit if the person chooses. | ||||||
16 | (f) Any sale or transfer with a background check initiated | ||||||
17 | to the Illinois State Police on or before January 10, 2023 ( the | ||||||
18 | effective date of Public Act 102-1116) this amendatory Act of | ||||||
19 | the 102nd General Assembly is allowed to be completed after | ||||||
20 | January 10, 2023 the effective date of this amendatory Act | ||||||
21 | once an approval is issued by the Illinois State Police and any | ||||||
22 | applicable waiting period under Section 24-3 has expired. | ||||||
23 | (g) The Illinois State Police shall take all steps | ||||||
24 | necessary to carry out the requirements of this Section within | ||||||
25 | by October 1, 2023. | ||||||
26 | (h) The Illinois Department of the State Police shall also |
| |||||||
| |||||||
1 | develop and implement a public notice and public outreach | ||||||
2 | campaign to promote awareness about the provisions of Public | ||||||
3 | Act 102-1116 this amendatory Act of the 102nd General Assembly | ||||||
4 | and to increase compliance with this Section. | ||||||
5 | (Source: P.A. 102-1116, eff. 1-10-23; revised 4-6-23.)
| ||||||
6 | (720 ILCS 5/24-1.10) | ||||||
7 | Sec. 24-1.10. Manufacture, delivery, sale, and possession | ||||||
8 | of large capacity ammunition feeding devices. | ||||||
9 | (a) In this Section: | ||||||
10 | "Handgun" has the meaning ascribed to it in the Firearm | ||||||
11 | Concealed Carry Act. | ||||||
12 | "Long gun" means a rifle or shotgun. | ||||||
13 | "Large capacity ammunition feeding device" means: | ||||||
14 | (1) a magazine, belt, drum, feed strip, or similar | ||||||
15 | device that has a capacity of, or that can be readily | ||||||
16 | restored or converted to accept, more than 10 rounds of | ||||||
17 | ammunition for long guns and more than 15 rounds of | ||||||
18 | ammunition for handguns; or | ||||||
19 | (2) any combination of parts from which a device | ||||||
20 | described in paragraph (1) can be assembled. | ||||||
21 | "Large capacity ammunition feeding device" does not | ||||||
22 | include an attached tubular device designed to accept, and | ||||||
23 | capable of operating only with, .22 caliber rimfire | ||||||
24 | ammunition. "Large capacity ammunition feeding device" does | ||||||
25 | not include a tubular magazine that is contained in a |
| |||||||
| |||||||
1 | lever-action firearm or any device that has been made | ||||||
2 | permanently inoperable. | ||||||
3 | (b) Except as provided in subsections (e) and (f), it is | ||||||
4 | unlawful for any person within this State to knowingly | ||||||
5 | manufacture, deliver, sell, purchase, or cause to be | ||||||
6 | manufactured, delivered, sold, or purchased a large capacity | ||||||
7 | ammunition feeding device. | ||||||
8 | (c) Except as provided in subsections (d), (e), and (f), | ||||||
9 | and beginning 90 days after January 10, 2023 ( the effective | ||||||
10 | date of Public Act 102-1116) this amendatory Act of the 102nd | ||||||
11 | General Assembly , it is unlawful to knowingly possess a large | ||||||
12 | capacity ammunition feeding device. | ||||||
13 | (d) Subsection (c) does not apply to a person's possession | ||||||
14 | of a large capacity ammunition feeding device if the person | ||||||
15 | lawfully possessed that large capacity ammunition feeding | ||||||
16 | device before January 10, 2023 ( the effective date of Public | ||||||
17 | Act 102-1116) this amendatory Act of the 102nd General | ||||||
18 | Assembly , provided that the person shall possess such device | ||||||
19 | only: | ||||||
20 | (1) on private property owned or immediately | ||||||
21 | controlled by the person; | ||||||
22 | (2) on private property that is not open to the public | ||||||
23 | with the express permission of the person who owns or | ||||||
24 | immediately controls such property; | ||||||
25 | (3) while on the premises of a licensed firearms | ||||||
26 | dealer or gunsmith for the purpose of lawful repair; |
| |||||||
| |||||||
1 | (4) while engaged in the legal use of the large | ||||||
2 | capacity ammunition feeding device at a properly licensed | ||||||
3 | firing range or sport shooting competition venue; or | ||||||
4 | (5) while traveling to or from these locations, | ||||||
5 | provided that the large capacity ammunition feeding device | ||||||
6 | is stored unloaded and enclosed in a case, firearm | ||||||
7 | carrying box, shipping box, or other container. | ||||||
8 | A person authorized under this Section to possess a large | ||||||
9 | capacity ammunition feeding device may transfer the large | ||||||
10 | capacity ammunition feeding device only to an heir, an | ||||||
11 | individual residing in another state maintaining it in another | ||||||
12 | state, or a dealer licensed as a federal firearms dealer under | ||||||
13 | Section 923 of the federal Gun Control Act of 1968. Within 10 | ||||||
14 | days after transfer of the large capacity ammunition feeding | ||||||
15 | device except to an heir, the person shall notify the Illinois | ||||||
16 | State Police of the name and address of the transferee and | ||||||
17 | comply with the requirements of subsection (b) of Section 3 of | ||||||
18 | the Firearm Owners Identification Card Act. The person to whom | ||||||
19 | the large capacity ammunition feeding device is transferred | ||||||
20 | shall, within 60 days of the transfer, notify the Illinois | ||||||
21 | State Police of the person's acquisition and comply with the | ||||||
22 | requirements of subsection (b) of Section 3 of the Firearm | ||||||
23 | Owners Identification Card Act. A person to whom the large | ||||||
24 | capacity ammunition feeding device is transferred may transfer | ||||||
25 | it only as provided in this subsection. | ||||||
26 | Except as provided in subsections (e) and (f) and |
| |||||||
| |||||||
1 | beginning 90 days after January 10, 2023 ( the effective date | ||||||
2 | of Public Act 102-1116) this amendatory Act of the 102nd | ||||||
3 | General Assembly , any person who moves into this State in | ||||||
4 | possession of a large capacity ammunition feeding device | ||||||
5 | shall, within 60 days, apply for a Firearm Owners | ||||||
6 | Identification Card. | ||||||
7 | (e) The provisions of this Section regarding the purchase | ||||||
8 | or possession of large capacity ammunition feeding devices, as | ||||||
9 | well as the provisions of this Section that prohibit causing | ||||||
10 | those items to be purchased or possessed, do not apply to: | ||||||
11 | (1) Peace officers as defined in Section 2-13 of this | ||||||
12 | Code. | ||||||
13 | (2) Qualified law enforcement officers and qualified | ||||||
14 | retired law enforcement officers as defined in the Law | ||||||
15 | Enforcement Officers Safety Act of 2004 (18 U.S.C. 926B | ||||||
16 | and 926C) and as recognized under Illinois law. | ||||||
17 | (3) A federal, State, or local law enforcement agency | ||||||
18 | for the purpose of equipping the agency's peace officers | ||||||
19 | as defined in paragraph (1) or (2) of this subsection (e). | ||||||
20 | (4) Wardens, superintendents, and keepers of prisons, | ||||||
21 | penitentiaries, jails, and other institutions for the | ||||||
22 | detention of persons accused or convicted of an offense. | ||||||
23 | (5) Members of the Armed Services or Reserve Forces of | ||||||
24 | the United States or the Illinois National Guard, while | ||||||
25 | performing their official duties or while traveling to or | ||||||
26 | from their places of duty. |
| |||||||
| |||||||
1 | (6) Any company that employs armed security officers | ||||||
2 | in this State at a nuclear energy, storage, weapons, or | ||||||
3 | development site or facility regulated by the federal | ||||||
4 | Nuclear Regulatory Commission and any person employed as | ||||||
5 | an armed security force member at a nuclear energy, | ||||||
6 | storage, weapons, or development site or facility | ||||||
7 | regulated by the federal Nuclear Regulatory Commission who | ||||||
8 | has completed the background screening and training | ||||||
9 | mandated by the rules and regulations of the federal | ||||||
10 | Nuclear Regulatory Commission and while performing | ||||||
11 | official duties. | ||||||
12 | (7) Any private security contractor agency licensed | ||||||
13 | under the Private Detective, Private Alarm, Private | ||||||
14 | Security, Fingerprint Vendor, and Locksmith Act of 2004 | ||||||
15 | that employs private security contractors and any private | ||||||
16 | security contractor who is licensed and has been issued a | ||||||
17 | firearm control card under the Private Detective, Private | ||||||
18 | Alarm, Private Security, Fingerprint Vendor, and Locksmith | ||||||
19 | Act of 2004 while performing official duties. | ||||||
20 | (f) This Section does not apply to or affect any of the | ||||||
21 | following: | ||||||
22 | (1) Manufacture, delivery, sale, importation, | ||||||
23 | purchase, or possession or causing to be manufactured, | ||||||
24 | delivered, sold, imported, purchased, or possessed a large | ||||||
25 | capacity ammunition feeding device: | ||||||
26 | (A) for sale or transfer to persons authorized |
| |||||||
| |||||||
1 | under subdivisions (1) through (7) of subsection (e) | ||||||
2 | to possess those items; | ||||||
3 | (B) for sale or transfer to the United States or | ||||||
4 | any department or agency thereof; or | ||||||
5 | (C) for sale or transfer in another state or for | ||||||
6 | export. | ||||||
7 | (2) Sale or rental of large capacity ammunition | ||||||
8 | feeding devices for blank-firing assault weapons and .50 | ||||||
9 | caliber rifles, to persons authorized or permitted, or | ||||||
10 | both authorized and permitted, to acquire these devices | ||||||
11 | for the purpose of rental for use solely as props for a | ||||||
12 | motion picture, television, or video production or | ||||||
13 | entertainment event. | ||||||
14 | (g) Sentence. A person who knowingly manufactures, | ||||||
15 | delivers, sells, purchases, possesses, or causes to be | ||||||
16 | manufactured, delivered, sold, possessed, or purchased in | ||||||
17 | violation of this Section a large capacity ammunition feeding | ||||||
18 | device capable of holding more than 10 rounds of ammunition | ||||||
19 | for long guns or more than 15 rounds of ammunition for handguns | ||||||
20 | commits a petty offense with a fine of $1,000 for each | ||||||
21 | violation. | ||||||
22 | (h) The Illinois Department of the State Police shall also | ||||||
23 | develop and implement a public notice and public outreach | ||||||
24 | campaign to promote awareness about the provisions of Public | ||||||
25 | Act 102-1116 this amendatory Act of the 102nd General Assembly | ||||||
26 | and to increase compliance with this Section. |
| |||||||
| |||||||
1 | (Source: P.A. 102-1116, eff. 1-10-23; revised 4-6-23.)
| ||||||
2 | (720 ILCS 5/24-5.1) | ||||||
3 | Sec. 24-5.1. Serialization of unfinished frames or | ||||||
4 | receivers; prohibition on unserialized firearms; exceptions; | ||||||
5 | penalties. | ||||||
6 | (a) In this Section: | ||||||
7 | "Bona fide supplier" means an established business entity | ||||||
8 | engaged in the development and sale of firearms parts to one or | ||||||
9 | more federal firearms manufacturers or federal firearms | ||||||
10 | importers. | ||||||
11 | "Federal firearms dealer" means a licensed manufacturer | ||||||
12 | pursuant to 18 U.S.C. 921(a)(11). | ||||||
13 | "Federal firearms importer" means a licensed importer | ||||||
14 | pursuant to 18 U.S.C. 921(a)(9). | ||||||
15 | "Federal firearms manufacturer" means a licensed | ||||||
16 | manufacturer pursuant to 18 U.S.C. 921(a)(10). | ||||||
17 | "Frame or receiver" means a part of a firearm that, when | ||||||
18 | the complete weapon is assembled, is visible from the exterior | ||||||
19 | and provides housing or a structure designed to hold or | ||||||
20 | integrate one or more fire control components, even if pins or | ||||||
21 | other attachments are required to connect those components to | ||||||
22 | the housing or structure. For models of firearms in which | ||||||
23 | multiple parts provide such housing or structure, the part or | ||||||
24 | parts that the Director of the federal Bureau of Alcohol, | ||||||
25 | Tobacco, Firearms and Explosives has determined are a frame or |
| |||||||
| |||||||
1 | receiver constitute the frame or receiver. For purposes of | ||||||
2 | this definition, "fire control component" means a component | ||||||
3 | necessary for the firearm to initiate, complete, or continue | ||||||
4 | the firing sequence, including any of the following: hammer, | ||||||
5 | bolt, bolt carrier, breechblock, cylinder, trigger mechanism, | ||||||
6 | firing pin, striker, or slide rails. | ||||||
7 | "Security exemplar" means an object to be fabricated at | ||||||
8 | the direction of the United States Attorney General that is | ||||||
9 | (1) constructed of 3.7 ounces of material type 17-4 PH | ||||||
10 | stainless steel in a shape resembling a handgun and (2) | ||||||
11 | suitable for testing and calibrating metal detectors. | ||||||
12 | "Three-dimensional printer" means a computer or | ||||||
13 | computer-drive machine capable of producing a | ||||||
14 | three-dimensional object from a digital model. | ||||||
15 | "Undetectable firearm" means (1) a firearm constructed | ||||||
16 | entirely of non-metal substances; (2) a firearm that, after | ||||||
17 | removal of all parts but the major components of the firearm, | ||||||
18 | is not detectable by walk-through metal detectors calibrated | ||||||
19 | and operated to detect the security exemplar; or (3) a firearm | ||||||
20 | that includes a major component of a firearm, which, if | ||||||
21 | subject to the types of detection devices commonly used at | ||||||
22 | airports for security screening, would not generate an image | ||||||
23 | that accurately depicts the shape of the component. | ||||||
24 | "Undetectable firearm" does not include a firearm subject to | ||||||
25 | the provisions of 18 U.S.C. 922(p)(3) through (6). | ||||||
26 | "Unfinished frame or receiver" means any forging, casting, |
| |||||||
| |||||||
1 | printing, extrusion, machined body, or similar article that: | ||||||
2 | (1) has reached a stage in manufacture where it may | ||||||
3 | readily be completed, assembled, or converted to be a | ||||||
4 | functional firearm; or | ||||||
5 | (2) is marketed or sold to the public to become or be | ||||||
6 | used as the frame or receiver of a functional firearm once | ||||||
7 | completed, assembled, or converted. | ||||||
8 | "Unserialized" means lacking a serial number imprinted by: | ||||||
9 | (1) a federal firearms manufacturer, federal firearms | ||||||
10 | importer, federal firearms dealer, or other federal | ||||||
11 | licensee authorized to provide marking services, pursuant | ||||||
12 | to a requirement under federal law; or | ||||||
13 | (2) a federal firearms dealer or other federal | ||||||
14 | licensee authorized to provide marking services pursuant | ||||||
15 | to subsection (f) of this Section. | ||||||
16 | (b) It is unlawful for any person to knowingly sell, offer | ||||||
17 | to sell, or transfer an unserialized unfinished frame or | ||||||
18 | receiver or unserialized firearm, including those produced | ||||||
19 | using a three-dimensional printer, unless the party purchasing | ||||||
20 | or receiving the unfinished frame or receiver or unserialized | ||||||
21 | firearm is a federal firearms importer, federal firearms | ||||||
22 | manufacturer, or federal firearms dealer. | ||||||
23 | (c) Beginning 180 days after May 18, 2022 ( the effective | ||||||
24 | date of Public Act 102-889) this amendatory Act of the 102nd | ||||||
25 | General Assembly , it is unlawful for any person to knowingly | ||||||
26 | possess, transport, or receive an unfinished frame or |
| |||||||
| |||||||
1 | receiver, unless: | ||||||
2 | (1) the party possessing or receiving the unfinished | ||||||
3 | frame or receiver is a federal firearms importer or | ||||||
4 | federal firearms manufacturer; | ||||||
5 | (2) the unfinished frame or receiver is possessed or | ||||||
6 | transported by a person for transfer to a federal firearms | ||||||
7 | importer or federal firearms manufacturer; or | ||||||
8 | (3) the unfinished frame or receiver has been | ||||||
9 | imprinted with a serial number issued by a federal | ||||||
10 | firearms importer or federal firearms manufacturer in | ||||||
11 | compliance with subsection (f) of this Section. | ||||||
12 | (d) Beginning 180 days after May 18, 2022 ( the effective | ||||||
13 | date of Public Act 102-889) this amendatory Act of the 102nd | ||||||
14 | General Assembly , unless the party receiving the firearm is a | ||||||
15 | federal firearms importer or federal firearms manufacturer, it | ||||||
16 | is unlawful for any person to knowingly possess, purchase, | ||||||
17 | transport, or receive a firearm that is not imprinted with a | ||||||
18 | serial number by (1) a federal firearms importer or federal | ||||||
19 | firearms manufacturer in compliance with all federal laws and | ||||||
20 | regulations regulating the manufacture and import of firearms | ||||||
21 | or (2) a federal firearms manufacturer, federal firearms | ||||||
22 | dealer, or other federal licensee authorized to provide | ||||||
23 | marking services in compliance with the unserialized firearm | ||||||
24 | serialization process under subsection (f) of this Section. | ||||||
25 | (e) Any firearm or unfinished frame or receiver | ||||||
26 | manufactured using a three-dimensional printer must also be |
| |||||||
| |||||||
1 | serialized in accordance with the requirements of subsection | ||||||
2 | (f) within 30 days after May 18, 2022 ( the effective date of | ||||||
3 | Public Act 102-889) this amendatory Act of the 102nd General | ||||||
4 | Assembly , or prior to reaching a stage of manufacture where it | ||||||
5 | may be readily completed, assembled, or converted to be a | ||||||
6 | functional firearm. | ||||||
7 | (f) Unserialized unfinished frames or receivers and | ||||||
8 | unserialized firearms serialized pursuant to this Section | ||||||
9 | shall be serialized in compliance with all of the following: | ||||||
10 | (1) An unserialized unfinished frame or receiver and | ||||||
11 | unserialized firearm shall be serialized by a federally | ||||||
12 | licensed firearms dealer or other federal licensee | ||||||
13 | authorized to provide marking services with the licensee's | ||||||
14 | abbreviated federal firearms license number as a prefix | ||||||
15 | (which is the first 3 and last 5 digits) followed by a | ||||||
16 | hyphen, and then followed by a number as a suffix, such as | ||||||
17 | 12345678-(number). The serial number or numbers must be | ||||||
18 | placed in a manner that accords with the requirements | ||||||
19 | under federal law for affixing serial numbers to firearms, | ||||||
20 | including the requirements that the serial number or | ||||||
21 | numbers be at the minimum size and depth, and not | ||||||
22 | susceptible to being readily obliterated, altered, or | ||||||
23 | removed, and the licensee must retain records that accord | ||||||
24 | with the requirements under federal law in the case of the | ||||||
25 | sale of a firearm. The imprinting of any serial number | ||||||
26 | upon an a undetectable firearm must be done on a steel |
| |||||||
| |||||||
1 | plaque in compliance with 18 U.S.C. 922(p). | ||||||
2 | (2) Every federally licensed firearms dealer or other | ||||||
3 | federal licensee that engraves, casts, stamps, or | ||||||
4 | otherwise conspicuously and permanently places a unique | ||||||
5 | serial number pursuant to this Section shall maintain a | ||||||
6 | record of such indefinitely. Licensees subject to the | ||||||
7 | Firearm Dealer License Certification Act shall make all | ||||||
8 | records accessible for inspection upon the request of the | ||||||
9 | Illinois State Police or a law enforcement agency in | ||||||
10 | accordance with Section 5-35 of the Firearm Dealer License | ||||||
11 | Certification Act. | ||||||
12 | (3) Every federally licensed firearms dealer or other | ||||||
13 | federal licensee that engraves, casts, stamps, or | ||||||
14 | otherwise conspicuously and permanently places a unique | ||||||
15 | serial number pursuant to this Section shall record it at | ||||||
16 | the time of every transaction involving the transfer of a | ||||||
17 | firearm, rifle, shotgun, finished frame or receiver, or | ||||||
18 | unfinished frame or receiver that has been so marked in | ||||||
19 | compliance with the federal guidelines set forth in 27 CFR | ||||||
20 | 478.124. | ||||||
21 | (4) Every federally licensed firearms dealer or other | ||||||
22 | federal licensee that engraves, casts, stamps, or | ||||||
23 | otherwise conspicuously and permanently places a unique | ||||||
24 | serial number pursuant to this Section shall review and | ||||||
25 | confirm the validity of the owner's Firearm Owner's | ||||||
26 | Identification Card issued under the Firearm Owners |
| |||||||
| |||||||
1 | Identification Card Act prior to returning the firearm to | ||||||
2 | the owner. | ||||||
3 | (g) Within 30 days after May 18, 2022 ( the effective date | ||||||
4 | of Public Act 102-889) this amendatory Act of the 102nd | ||||||
5 | General Assembly , the Director of the Illinois State Police | ||||||
6 | shall issue a public notice regarding the provisions of this | ||||||
7 | Section. The notice shall include posting on the Illinois | ||||||
8 | State Police website and may include written notification or | ||||||
9 | any other means of communication statewide to all | ||||||
10 | Illinois-based federal firearms manufacturers, federal | ||||||
11 | firearms dealers, or other federal licensees authorized to | ||||||
12 | provide marking services in compliance with the serialization | ||||||
13 | process in subsection (f) in order to educate the public. | ||||||
14 | (h) Exceptions. This Section does not apply to an | ||||||
15 | unserialized unfinished frame or receiver or an unserialized | ||||||
16 | firearm that: | ||||||
17 | (1) has been rendered permanently inoperable; | ||||||
18 | (2) is an antique firearm, as defined in 18 U.S.C. | ||||||
19 | 921(a)(16); | ||||||
20 | (3) was manufactured prior to October 22, 1968; | ||||||
21 | (4) is an unfinished frame or receiver and is | ||||||
22 | possessed by a bona fide supplier exclusively for transfer | ||||||
23 | to a federal firearms manufacturer or federal firearms | ||||||
24 | importer, or is possessed by a federal firearms | ||||||
25 | manufacturer or federal firearms importer in compliance | ||||||
26 | with all federal laws and regulations regulating the |
| |||||||
| |||||||
1 | manufacture and import of firearms; except this exemption | ||||||
2 | does not apply if an unfinished frame or receiver is | ||||||
3 | possessed for transfer or is transferred to a person other | ||||||
4 | than a federal firearms manufacturer or federal firearms | ||||||
5 | importer; or | ||||||
6 | (5) is possessed by a person who received the | ||||||
7 | unserialized unfinished frame or receiver or unserialized | ||||||
8 | firearm through inheritance, and is not otherwise | ||||||
9 | prohibited from possessing the unserialized unfinished | ||||||
10 | frame or receiver or unserialized firearm, for a period | ||||||
11 | not exceeding 30 days after inheriting the unserialized | ||||||
12 | unfinished frame or receiver or unserialized firearm. | ||||||
13 | (i) Penalties. | ||||||
14 | (1) A person who violates subsection (c) or (d) is | ||||||
15 | guilty of a Class A misdemeanor for a first violation and | ||||||
16 | is guilty of a Class 3 felony for a second or subsequent | ||||||
17 | violation. | ||||||
18 | (2) A person who violates subsection (b) is guilty of | ||||||
19 | a Class 4 felony for a first violation and is guilty of a | ||||||
20 | Class 2 felony for a second or subsequent violation. | ||||||
21 | (Source: P.A. 102-889, eff. 5-18-22; revised 1-3-24.)
| ||||||
22 | Section 565. The Unified Code of Corrections is amended by | ||||||
23 | changing Sections 3-2-13, 3-2.7-5, 3-2.7-10, 3-2.7-20, | ||||||
24 | 3-2.7-25, 3-2.7-30, 3-2.7-35, 3-2.7-40, 3-2.7-50, 3-2.7-55, | ||||||
25 | 3-5-1, 3-6-3, 3-8-10, 5-4-1, 5-4-3, 5-4.5-105, 5-6-3, 5-9-1.4, |
| |||||||
| |||||||
1 | and 5-9-1.9 as follows:
| ||||||
2 | (730 ILCS 5/3-2-13) | ||||||
3 | Sec. 3-2-13. Possession of a Firearm Owner's | ||||||
4 | Identification Card. The Department of Corrections shall not | ||||||
5 | make possession of a Firearm Owner's Identification Card a | ||||||
6 | condition of continued employment as a Department employee | ||||||
7 | authorized to possess firearms if the employee's Firearm | ||||||
8 | Owner's Identification Card is revoked or seized because the | ||||||
9 | employee has been a patient of a mental health facility and the | ||||||
10 | employee has not been determined to pose a clear and present | ||||||
11 | danger to himself, herself, or others as determined by a | ||||||
12 | physician, clinical psychologist, or qualified examiner. | ||||||
13 | Nothing in is this Section shall otherwise impair the | ||||||
14 | Department's ability to determine an employee's fitness for | ||||||
15 | duty. A collective bargaining agreement already in effect on | ||||||
16 | this issue on January 1, 2022 ( the effective date of Public Act | ||||||
17 | 102-645) this amendatory Act of the 102nd General Assembly | ||||||
18 | cannot be modified, but on or after January 1, 2022 ( the | ||||||
19 | effective date of Public Act 102-645) this amendatory Act of | ||||||
20 | the 102nd General Assembly , the Department cannot require a | ||||||
21 | Firearm Owner's Identification Card as a condition of | ||||||
22 | continued employment in a collective bargaining agreement. The | ||||||
23 | Department shall document if and why an employee has been | ||||||
24 | determined to pose a clear and present danger. In this | ||||||
25 | Section, "mental health facility" and "qualified examiner" |
| |||||||
| |||||||
1 | have the meanings provided in the Mental Health and | ||||||
2 | Developmental Disabilities Code. | ||||||
3 | (Source: P.A. 102-645, eff. 1-1-22; revised 4-6-23.)
| ||||||
4 | (730 ILCS 5/3-2.7-5) | ||||||
5 | (Text of Section before amendment by P.A. 103-397 ) | ||||||
6 | Sec. 3-2.7-5. Purpose. The purpose of this Article is to | ||||||
7 | create within the Department of Juvenile Justice the Office of | ||||||
8 | Independent Juvenile Ombudsperson for the purpose of securing | ||||||
9 | the rights of youth committed to the Department of Juvenile | ||||||
10 | Justice, including youth released on aftercare before final | ||||||
11 | discharge. | ||||||
12 | (Source: P.A. 103-22, eff. 8-8-23.)
| ||||||
13 | (Text of Section after amendment by P.A. 103-397 ) | ||||||
14 | Sec. 3-2.7-5. Purpose. The purpose of this Article is to | ||||||
15 | create within the Department of Juvenile Justice the Office of | ||||||
16 | Independent Juvenile Ombudsperson for the purpose of securing | ||||||
17 | the rights of youth committed to the Department of Juvenile | ||||||
18 | Justice and county-operated juvenile detention centers, | ||||||
19 | including youth released on aftercare before final discharge. | ||||||
20 | (Source: P.A. 103-22, eff. 8-8-23; 103-397, eff. 1-1-25; | ||||||
21 | revised 9-14-23.)
| ||||||
22 | (730 ILCS 5/3-2.7-10) | ||||||
23 | (Text of Section before amendment by P.A. 103-397 ) |
| |||||||
| |||||||
1 | Sec. 3-2.7-10. Definitions. In this Article, unless the | ||||||
2 | context requires otherwise: | ||||||
3 | "Department" means the Department of Juvenile Justice. | ||||||
4 | "Immediate family or household member" means the spouse, | ||||||
5 | child, parent, brother, sister, grandparent, or grandchild, | ||||||
6 | whether of the whole blood or half blood or by adoption, or a | ||||||
7 | person who shares a common dwelling. | ||||||
8 | "Juvenile justice system" means all activities by public | ||||||
9 | or private agencies or persons pertaining to youth involved in | ||||||
10 | or having contact with the police, courts, or corrections. | ||||||
11 | "Office" means the Office of the Independent Juvenile | ||||||
12 | Ombudsperson. | ||||||
13 | "Ombudsperson" means the Department of Juvenile Justice | ||||||
14 | Independent Juvenile Ombudsperson. | ||||||
15 | "Youth" means any person committed by court order to the | ||||||
16 | custody of the Department of Juvenile Justice, including youth | ||||||
17 | released on aftercare before final discharge. | ||||||
18 | (Source: P.A. 103-22, eff. 8-8-23.)
| ||||||
19 | (Text of Section after amendment by P.A. 103-397 ) | ||||||
20 | Sec. 3-2.7-10. Definitions. In this Article, unless the | ||||||
21 | context requires otherwise: | ||||||
22 | "County-operated juvenile detention center" means any | ||||||
23 | shelter care home or detention home as "shelter" and | ||||||
24 | "detention" are defined in Section 1.1 of the County Shelter | ||||||
25 | Care and Detention Home Act and any other facility that |
| |||||||
| |||||||
1 | detains youth in the juvenile justice system that is | ||||||
2 | specifically designated to detain or incarcerate youth. | ||||||
3 | "County-operated juvenile detention center" does not include | ||||||
4 | police or other temporary law enforcement holding locations. | ||||||
5 | "Department" means the Department of Juvenile Justice. | ||||||
6 | "Immediate family or household member" means the spouse, | ||||||
7 | child, parent, brother, sister, grandparent, or grandchild, | ||||||
8 | whether of the whole blood or half blood or by adoption, or a | ||||||
9 | person who shares a common dwelling. | ||||||
10 | "Juvenile justice system" means all activities by public | ||||||
11 | or private agencies or persons pertaining to youth involved in | ||||||
12 | or having contact with the police, courts, or corrections. | ||||||
13 | "Office" means the Office of the Independent Juvenile | ||||||
14 | Ombudsperson. | ||||||
15 | "Ombudsperson" means the Department of Juvenile Justice | ||||||
16 | Independent Juvenile Ombudsperson. | ||||||
17 | "Youth" means any person committed by court order to the | ||||||
18 | custody of the Department of Juvenile Justice or a | ||||||
19 | county-operated juvenile detention center, including youth | ||||||
20 | released on aftercare before final discharge. | ||||||
21 | (Source: P.A. 103-22, eff. 8-8-23; 103-397, eff. 1-1-25; | ||||||
22 | revised 9-14-23.)
| ||||||
23 | (730 ILCS 5/3-2.7-20) | ||||||
24 | (Text of Section before amendment by P.A. 103-397 ) | ||||||
25 | Sec. 3-2.7-20. Conflicts of interest. A person may not |
| |||||||
| |||||||
1 | serve as Ombudsperson or as a deputy if the person or the | ||||||
2 | person's immediate family or household member: | ||||||
3 | (1) is or has been employed by the Department of | ||||||
4 | Juvenile Justice or Department of Corrections within one | ||||||
5 | year prior to appointment, other than as Ombudsperson or | ||||||
6 | Deputy Ombudsperson; | ||||||
7 | (2) participates in the management of a business | ||||||
8 | entity or other organization receiving funds from the | ||||||
9 | Department of Juvenile Justice; | ||||||
10 | (3) owns or controls, directly or indirectly, any | ||||||
11 | interest in a business entity or other organization | ||||||
12 | receiving funds from the Department of Juvenile Justice; | ||||||
13 | (4) uses or receives any amount of tangible goods, | ||||||
14 | services, or funds from the Department of Juvenile | ||||||
15 | Justice, other than as Ombudsperson or Deputy | ||||||
16 | Ombudsperson; or | ||||||
17 | (5) is required to register as a lobbyist for an | ||||||
18 | organization that interacts with the juvenile justice | ||||||
19 | system. | ||||||
20 | (Source: P.A. 103-22, eff. 8-8-23.)
| ||||||
21 | (Text of Section after amendment by P.A. 103-397 ) | ||||||
22 | Sec. 3-2.7-20. Conflicts of interest. A person may not | ||||||
23 | serve as Ombudsperson or as a deputy if the person or the | ||||||
24 | person's immediate family or household member: | ||||||
25 | (1) is or has been employed by the Department of |
| |||||||
| |||||||
1 | Juvenile Justice, Department of Corrections, or a | ||||||
2 | county-operated juvenile detention center within one year | ||||||
3 | prior to appointment, other than as Ombudsperson or Deputy | ||||||
4 | Ombudsperson; | ||||||
5 | (2) participates in the management of a business | ||||||
6 | entity or other organization receiving funds from the | ||||||
7 | Department of Juvenile Justice or a county-operated | ||||||
8 | juvenile detention center; | ||||||
9 | (3) owns or controls, directly or indirectly, any | ||||||
10 | interest in a business entity or other organization | ||||||
11 | receiving funds from the Department of Juvenile Justice or | ||||||
12 | a county-operated juvenile detention center; | ||||||
13 | (4) uses or receives any amount of tangible goods, | ||||||
14 | services, or funds from the Department of Juvenile Justice | ||||||
15 | or a county-operated juvenile detention center, other than | ||||||
16 | as Ombudsperson or Deputy Ombudsperson; or | ||||||
17 | (5) is required to register as a lobbyist for an | ||||||
18 | organization that interacts with the juvenile justice | ||||||
19 | system. | ||||||
20 | (Source: P.A. 103-22, eff. 8-8-23; 103-397, eff. 1-1-25; | ||||||
21 | revised 9-14-23.)
| ||||||
22 | (730 ILCS 5/3-2.7-25) | ||||||
23 | (Text of Section before amendment by P.A. 103-397 ) | ||||||
24 | Sec. 3-2.7-25. Duties and powers. | ||||||
25 | (a) The Independent Juvenile Ombudsperson shall function |
| |||||||
| |||||||
1 | independently within the Department of Juvenile Justice with | ||||||
2 | respect to the operations of the Office in performance of the | ||||||
3 | Ombudsperson's duties under this Article and shall report to | ||||||
4 | the Governor. The Ombudsperson shall adopt rules and standards | ||||||
5 | as may be necessary or desirable to carry out the | ||||||
6 | Ombudsperson's duties. Funding for the Office shall be | ||||||
7 | designated separately within Department funds. The Department | ||||||
8 | shall provide necessary administrative services and facilities | ||||||
9 | to the Office of the Independent Juvenile Ombudsperson. | ||||||
10 | (b) The Office of Independent Juvenile Ombudsperson shall | ||||||
11 | have the following duties: | ||||||
12 | (1) review and monitor the implementation of the rules | ||||||
13 | and standards established by the Department of Juvenile | ||||||
14 | Justice and evaluate the delivery of services to youth to | ||||||
15 | ensure that the rights of youth are fully observed; | ||||||
16 | (2) provide assistance to a youth or family whom the | ||||||
17 | Ombudsperson determines is in need of assistance, | ||||||
18 | including advocating with an agency, provider, or other | ||||||
19 | person in the best interests of the youth; | ||||||
20 | (3) investigate and attempt to resolve complaints made | ||||||
21 | by or on behalf of youth, other than complaints alleging | ||||||
22 | criminal behavior or violations of the State Officials and | ||||||
23 | Employees Ethics Act, if the Office determines that the | ||||||
24 | investigation and resolution would further the purpose of | ||||||
25 | the Office, and: | ||||||
26 | (A) a youth committed to the Department of |
| |||||||
| |||||||
1 | Juvenile Justice or the youth's family is in need of | ||||||
2 | assistance from the Office; or | ||||||
3 | (B) a systemic issue in the Department of Juvenile | ||||||
4 | Justice's provision of services is raised by a | ||||||
5 | complaint; | ||||||
6 | (4) review or inspect periodically the facilities and | ||||||
7 | procedures of any facility in which a youth has been | ||||||
8 | placed by the Department of Juvenile Justice to ensure | ||||||
9 | that the rights of youth are fully observed; and | ||||||
10 | (5) be accessible to and meet confidentially and | ||||||
11 | regularly with youth committed to the Department and serve | ||||||
12 | as a resource by informing them of pertinent laws, rules, | ||||||
13 | and policies, and their rights thereunder. | ||||||
14 | (c) The following cases shall be reported immediately to | ||||||
15 | the Director of Juvenile Justice and the Governor: | ||||||
16 | (1) cases of severe abuse or injury of a youth; | ||||||
17 | (2) serious misconduct, misfeasance, malfeasance, or | ||||||
18 | serious violations of policies and procedures concerning | ||||||
19 | the administration of a Department of Juvenile Justice | ||||||
20 | program or operation; | ||||||
21 | (3) serious problems concerning the delivery of | ||||||
22 | services in a facility operated by or under contract with | ||||||
23 | the Department of Juvenile Justice; | ||||||
24 | (4) interference by the Department of Juvenile Justice | ||||||
25 | with an investigation conducted by the Office; and | ||||||
26 | (5) other cases as deemed necessary by the |
| |||||||
| |||||||
1 | Ombudsperson. | ||||||
2 | (d) Notwithstanding any other provision of law, the | ||||||
3 | Ombudsperson may not investigate alleged criminal behavior or | ||||||
4 | violations of the State Officials and Employees Ethics Act. If | ||||||
5 | the Ombudsperson determines that a possible criminal act has | ||||||
6 | been committed, or that special expertise is required in the | ||||||
7 | investigation, the Ombudsperson shall immediately notify the | ||||||
8 | Illinois State Police. If the Ombudsperson determines that a | ||||||
9 | possible violation of the State Officials and Employees Ethics | ||||||
10 | Act has occurred, the Ombudsperson shall immediately refer the | ||||||
11 | incident to the Office of the Governor's Executive Inspector | ||||||
12 | General for investigation. If the Ombudsperson receives a | ||||||
13 | complaint from a youth or third party regarding suspected | ||||||
14 | abuse or neglect of a child, the Ombudsperson shall refer the | ||||||
15 | incident to the Child Abuse and Neglect Hotline or to the | ||||||
16 | Illinois State Police as mandated by the Abused and Neglected | ||||||
17 | Child Reporting Act. Any investigation conducted by the | ||||||
18 | Ombudsperson shall not be duplicative and shall be separate | ||||||
19 | from any investigation mandated by the Abused and Neglected | ||||||
20 | Child Reporting Act. All investigations conducted by the | ||||||
21 | Ombudsperson shall be conducted in a manner designed to ensure | ||||||
22 | the preservation of evidence for possible use in a criminal | ||||||
23 | prosecution. | ||||||
24 | (e) In performance of the Ombudsperson's duties, the | ||||||
25 | Ombudsperson may: | ||||||
26 | (1) review court files of youth; |
| |||||||
| |||||||
1 | (2) recommend policies, rules, and legislation | ||||||
2 | designed to protect youth; | ||||||
3 | (3) make appropriate referrals under any of the duties | ||||||
4 | and powers listed in this Section; | ||||||
5 | (4) attend internal administrative and disciplinary | ||||||
6 | hearings to ensure the rights of youth are fully observed | ||||||
7 | and advocate for the best interest of youth when deemed | ||||||
8 | necessary; and | ||||||
9 | (5) perform other acts, otherwise permitted or | ||||||
10 | required by law, in furtherance of the purpose of the | ||||||
11 | Office. | ||||||
12 | (f) To assess if a youth's rights have been violated, the | ||||||
13 | Ombudsperson may, in any matter that does not involve alleged | ||||||
14 | criminal behavior, contact or consult with an administrator, | ||||||
15 | employee, youth, parent, expert, or any other individual in | ||||||
16 | the course of the Ombudsperson's investigation or to secure | ||||||
17 | information as necessary to fulfill the Ombudsperson's duties. | ||||||
18 | (Source: P.A. 102-538, eff. 8-20-21; 103-22, eff. 8-8-23.)
| ||||||
19 | (Text of Section after amendment by P.A. 103-397 ) | ||||||
20 | Sec. 3-2.7-25. Duties and powers. | ||||||
21 | (a) The Independent Juvenile Ombudsperson shall function | ||||||
22 | independently within the Department of Juvenile Justice and | ||||||
23 | county-operated juvenile detention centers with respect to the | ||||||
24 | operations of the Office in performance of the Ombudsperson's | ||||||
25 | duties under this Article and shall report to the Governor and |
| |||||||
| |||||||
1 | to local authorities as provided in Section 3-2.7-50. The | ||||||
2 | Ombudsperson shall adopt rules and standards as may be | ||||||
3 | necessary or desirable to carry out the Ombudsperson's duties. | ||||||
4 | Funding for the Office shall be designated separately within | ||||||
5 | Department funds and shall include funds for operations at | ||||||
6 | county-operated juvenile detention centers. The Department | ||||||
7 | shall provide necessary administrative services and facilities | ||||||
8 | to the Office of the Independent Juvenile Ombudsperson. | ||||||
9 | County-operated juvenile detention centers shall provide | ||||||
10 | necessary administrative services and space, upon request, | ||||||
11 | inside the facility to the Office of the Independent Juvenile | ||||||
12 | Ombudsperson Ombudsman to meet confidentially with youth and | ||||||
13 | otherwise in performance of the Ombudsperson's his or her | ||||||
14 | duties under this Article. | ||||||
15 | (b) The Office of Independent Juvenile Ombudsperson shall | ||||||
16 | have the following duties: | ||||||
17 | (1) review and monitor the implementation of the rules | ||||||
18 | and standards established by the Department of Juvenile | ||||||
19 | Justice and county-operated juvenile detention centers and | ||||||
20 | evaluate the delivery of services to youth to ensure that | ||||||
21 | the rights of youth are fully observed; | ||||||
22 | (2) provide assistance to a youth or family whom the | ||||||
23 | Ombudsperson determines is in need of assistance, | ||||||
24 | including advocating with an agency, provider, or other | ||||||
25 | person in the best interests of the youth; | ||||||
26 | (3) investigate and attempt to resolve complaints made |
| |||||||
| |||||||
1 | by or on behalf of youth, other than complaints alleging | ||||||
2 | criminal behavior or violations of the State Officials and | ||||||
3 | Employees Ethics Act, if the Office determines that the | ||||||
4 | investigation and resolution would further the purpose of | ||||||
5 | the Office, and: | ||||||
6 | (A) a youth committed to the Department of | ||||||
7 | Juvenile Justice or a county-operated juvenile | ||||||
8 | detention center or the youth's family is in need of | ||||||
9 | assistance from the Office; or | ||||||
10 | (B) a systemic issue in the Department of Juvenile | ||||||
11 | Justice's or county-operated juvenile detention | ||||||
12 | center's provision of services is raised by a | ||||||
13 | complaint; | ||||||
14 | (4) review or inspect periodically the facilities and | ||||||
15 | procedures of any county-operated juvenile detention | ||||||
16 | center or any facility in which a youth has been placed by | ||||||
17 | the Department of Juvenile Justice to ensure that the | ||||||
18 | rights of youth are fully observed; and | ||||||
19 | (5) be accessible to and meet confidentially and | ||||||
20 | regularly with youth committed to the Department or a | ||||||
21 | county-operated juvenile detention center and serve as a | ||||||
22 | resource by informing them of pertinent laws, rules, and | ||||||
23 | policies, and their rights thereunder. | ||||||
24 | (c) The following cases shall be reported immediately to | ||||||
25 | the Director of Juvenile Justice and the Governor, and for | ||||||
26 | cases that arise in county-operated juvenile detention |
| |||||||
| |||||||
1 | centers, to the chief judge of the applicable judicial circuit | ||||||
2 | and the Director of the Administrative Office of the Illinois | ||||||
3 | Courts: | ||||||
4 | (1) cases of severe abuse or injury of a youth; | ||||||
5 | (2) serious misconduct, misfeasance, malfeasance, or | ||||||
6 | serious violations of policies and procedures concerning | ||||||
7 | the administration of a Department of Juvenile Justice or | ||||||
8 | county-operated juvenile detention center program or | ||||||
9 | operation; | ||||||
10 | (3) serious problems concerning the delivery of | ||||||
11 | services in a county-operated juvenile detention center or | ||||||
12 | a facility operated by or under contract with the | ||||||
13 | Department of Juvenile Justice; | ||||||
14 | (4) interference by the Department of Juvenile Justice | ||||||
15 | or county-operated juvenile detention center with an | ||||||
16 | investigation conducted by the Office; and | ||||||
17 | (5) other cases as deemed necessary by the | ||||||
18 | Ombudsperson. | ||||||
19 | (d) Notwithstanding any other provision of law, the | ||||||
20 | Ombudsperson may not investigate alleged criminal behavior or | ||||||
21 | violations of the State Officials and Employees Ethics Act. If | ||||||
22 | the Ombudsperson determines that a possible criminal act has | ||||||
23 | been committed, or that special expertise is required in the | ||||||
24 | investigation, the Ombudsperson shall immediately notify the | ||||||
25 | Illinois State Police. If the Ombudsperson determines that a | ||||||
26 | possible violation of the State Officials and Employees Ethics |
| |||||||
| |||||||
1 | Act has occurred, the Ombudsperson shall immediately refer the | ||||||
2 | incident to the Office of the Governor's Executive Inspector | ||||||
3 | General for investigation. If the Ombudsperson receives a | ||||||
4 | complaint from a youth or third party regarding suspected | ||||||
5 | abuse or neglect of a child, the Ombudsperson shall refer the | ||||||
6 | incident to the Child Abuse and Neglect Hotline or to the | ||||||
7 | Illinois State Police as mandated by the Abused and Neglected | ||||||
8 | Child Reporting Act. Any investigation conducted by the | ||||||
9 | Ombudsperson shall not be duplicative and shall be separate | ||||||
10 | from any investigation mandated by the Abused and Neglected | ||||||
11 | Child Reporting Act. All investigations conducted by the | ||||||
12 | Ombudsperson shall be conducted in a manner designed to ensure | ||||||
13 | the preservation of evidence for possible use in a criminal | ||||||
14 | prosecution. | ||||||
15 | (e) In performance of the Ombudsperson's duties, the | ||||||
16 | Ombudsperson may: | ||||||
17 | (1) review court files of youth; | ||||||
18 | (2) recommend policies, rules, and legislation | ||||||
19 | designed to protect youth; | ||||||
20 | (3) make appropriate referrals under any of the duties | ||||||
21 | and powers listed in this Section; | ||||||
22 | (4) attend internal administrative and disciplinary | ||||||
23 | hearings to ensure the rights of youth are fully observed | ||||||
24 | and advocate for the best interest of youth when deemed | ||||||
25 | necessary; and | ||||||
26 | (5) perform other acts, otherwise permitted or |
| |||||||
| |||||||
1 | required by law, in furtherance of the purpose of the | ||||||
2 | Office. | ||||||
3 | (f) To assess if a youth's rights have been violated, the | ||||||
4 | Ombudsperson may, in any matter that does not involve alleged | ||||||
5 | criminal behavior, contact or consult with an administrator, | ||||||
6 | employee, youth, parent, expert, or any other individual in | ||||||
7 | the course of the Ombudsperson's investigation or to secure | ||||||
8 | information as necessary to fulfill the Ombudsperson's duties. | ||||||
9 | (Source: P.A. 102-538, eff. 8-20-21; 103-22, eff. 8-8-23; | ||||||
10 | 103-397, eff. 1-1-25; revised 9-14-23.)
| ||||||
11 | (730 ILCS 5/3-2.7-30) | ||||||
12 | (Text of Section before amendment by P.A. 103-397 ) | ||||||
13 | Sec. 3-2.7-30. Duties of the Department of Juvenile | ||||||
14 | Justice. | ||||||
15 | (a) The Department of Juvenile Justice shall allow any | ||||||
16 | youth to communicate with the Ombudsperson or a deputy at any | ||||||
17 | time. The communication: | ||||||
18 | (1) may be in person, by phone, by mail, or by any | ||||||
19 | other means deemed appropriate in light of security | ||||||
20 | concerns; and | ||||||
21 | (2) is confidential and privileged. | ||||||
22 | (b) The Department shall allow the Ombudsperson and | ||||||
23 | deputies full and unannounced access to youth and Department | ||||||
24 | facilities at any time. The Department shall furnish the | ||||||
25 | Ombudsperson and deputies with appropriate meeting space in |
| |||||||
| |||||||
1 | each facility in order to preserve confidentiality. | ||||||
2 | (c) The Department shall allow the Ombudsperson and | ||||||
3 | deputies to participate in professional development | ||||||
4 | opportunities provided by the Department of Juvenile Justice | ||||||
5 | as practical and to attend appropriate professional training | ||||||
6 | when requested by the Ombudsperson. | ||||||
7 | (d) The Department shall provide the Ombudsperson copies | ||||||
8 | of critical incident reports involving a youth residing in a | ||||||
9 | facility operated by the Department. Critical incidents | ||||||
10 | include, but are not limited to, severe injuries that result | ||||||
11 | in hospitalization, suicide attempts that require medical | ||||||
12 | intervention, sexual abuse, and escapes. | ||||||
13 | (e) The Department shall provide the Ombudsperson with | ||||||
14 | reasonable advance notice of all internal administrative and | ||||||
15 | disciplinary hearings regarding a youth residing in a facility | ||||||
16 | operated by the Department. | ||||||
17 | (f) The Department of Juvenile Justice may not discharge, | ||||||
18 | demote, discipline, or in any manner discriminate or retaliate | ||||||
19 | against a youth or an employee who in good faith makes a | ||||||
20 | complaint to the Office of the Independent Juvenile | ||||||
21 | Ombudsperson or cooperates with the Office. | ||||||
22 | (Source: P.A. 103-22, eff. 8-8-23.)
| ||||||
23 | (Text of Section after amendment by P.A. 103-397 ) | ||||||
24 | Sec. 3-2.7-30. Duties of the Department of Juvenile | ||||||
25 | Justice or county-operated juvenile detention center. |
| |||||||
| |||||||
1 | (a) The Department of Juvenile Justice and every | ||||||
2 | county-operated juvenile detention center shall allow any | ||||||
3 | youth to communicate with the Ombudsperson or a deputy at any | ||||||
4 | time. The communication: | ||||||
5 | (1) may be in person, by phone, by mail, or by any | ||||||
6 | other means deemed appropriate in light of security | ||||||
7 | concerns; and | ||||||
8 | (2) is confidential and privileged. | ||||||
9 | (b) The Department and county-operated juvenile detention | ||||||
10 | centers shall allow the Ombudsperson and deputies full and | ||||||
11 | unannounced access to youth and Department facilities and | ||||||
12 | county-operated juvenile detention centers at any time. The | ||||||
13 | Department and county-operated juvenile detention centers | ||||||
14 | shall furnish the Ombudsperson and deputies with appropriate | ||||||
15 | meeting space in each facility in order to preserve | ||||||
16 | confidentiality. | ||||||
17 | (c) The Department and county-operated juvenile detention | ||||||
18 | centers shall allow the Ombudsperson and deputies to | ||||||
19 | participate in professional development opportunities provided | ||||||
20 | by the Department of Juvenile Justice and county-operated | ||||||
21 | juvenile detention centers as practical and to attend | ||||||
22 | appropriate professional training when requested by the | ||||||
23 | Ombudsperson. | ||||||
24 | (d) The Department and county-operated juvenile detention | ||||||
25 | centers shall provide the Ombudsperson copies of critical | ||||||
26 | incident reports involving a youth residing in a facility |
| |||||||
| |||||||
1 | operated by the Department or a county-operated juvenile | ||||||
2 | detention center. Critical incidents include, but are not | ||||||
3 | limited to, severe injuries that result in hospitalization, | ||||||
4 | suicide attempts that require medical intervention, sexual | ||||||
5 | abuse, and escapes. | ||||||
6 | (e) The Department and county-operated juvenile detention | ||||||
7 | centers shall provide the Ombudsperson with reasonable advance | ||||||
8 | notice of all internal administrative and disciplinary | ||||||
9 | hearings regarding a youth residing in a facility operated by | ||||||
10 | the Department or a county-operated juvenile detention center. | ||||||
11 | (f) The Department of Juvenile Justice and county-operated | ||||||
12 | juvenile detention centers may not discharge, demote, | ||||||
13 | discipline, or in any manner discriminate or retaliate against | ||||||
14 | a youth or an employee who in good faith makes a complaint to | ||||||
15 | the Office of the Independent Juvenile Ombudsperson or | ||||||
16 | cooperates with the Office. | ||||||
17 | (Source: P.A. 103-22, eff. 8-8-23; 103-397, eff. 1-1-25; | ||||||
18 | revised 9-14-23.)
| ||||||
19 | (730 ILCS 5/3-2.7-35) | ||||||
20 | (Text of Section before amendment by P.A. 103-397 ) | ||||||
21 | Sec. 3-2.7-35. Reports. The Independent Juvenile | ||||||
22 | Ombudsperson shall provide to the General Assembly and the | ||||||
23 | Governor, no later than January 1 of each year, a summary of | ||||||
24 | activities done in furtherance of the purpose of the Office | ||||||
25 | for the prior fiscal year. The summaries shall contain data |
| |||||||
| |||||||
1 | both aggregated and disaggregated by individual facility and | ||||||
2 | describe: | ||||||
3 | (1) the work of the Ombudsperson; | ||||||
4 | (2) the status of any review or investigation | ||||||
5 | undertaken by the Ombudsperson, but may not contain any | ||||||
6 | confidential or identifying information concerning the | ||||||
7 | subjects of the reports and investigations; and | ||||||
8 | (3) any recommendations that the Independent Juvenile | ||||||
9 | Ombudsperson has relating to a systemic issue in the | ||||||
10 | Department of Juvenile Justice's provision of services and | ||||||
11 | any other matters for consideration by the General | ||||||
12 | Assembly and the Governor. | ||||||
13 | (Source: P.A. 103-22, eff. 8-8-23.)
| ||||||
14 | (Text of Section after amendment by P.A. 103-397 ) | ||||||
15 | Sec. 3-2.7-35. Reports. The Independent Juvenile | ||||||
16 | Ombudsperson shall provide to the General Assembly and the | ||||||
17 | Governor, no later than January 1 of each year, a summary of | ||||||
18 | activities done in furtherance of the purpose of the Office | ||||||
19 | for the prior fiscal year. The summaries shall contain data | ||||||
20 | both aggregated and disaggregated by individual facility and | ||||||
21 | describe: | ||||||
22 | (1) the work of the Ombudsperson; | ||||||
23 | (2) the status of any review or investigation | ||||||
24 | undertaken by the Ombudsperson, but may not contain any | ||||||
25 | confidential or identifying information concerning the |
| |||||||
| |||||||
1 | subjects of the reports and investigations; and | ||||||
2 | (3) any recommendations that the Independent Juvenile | ||||||
3 | Ombudsperson has relating to a systemic issue in the | ||||||
4 | Department of Juvenile Justice's or a county-operated | ||||||
5 | juvenile detention center's provision of services and any | ||||||
6 | other matters for consideration by the General Assembly | ||||||
7 | and the Governor. | ||||||
8 | With respect to county-operated juvenile detention | ||||||
9 | centers, the Ombudsperson Ombudsman shall provide data | ||||||
10 | responsive to paragraphs (1) through (3) to the chief judge of | ||||||
11 | the applicable judicial circuit and to the Director of the | ||||||
12 | Administrative Office of the Illinois Courts, and shall make | ||||||
13 | the data publicly available. | ||||||
14 | (Source: P.A. 103-22, eff. 8-8-23; 103-397, eff. 1-1-25; | ||||||
15 | revised 9-14-23.)
| ||||||
16 | (730 ILCS 5/3-2.7-40) | ||||||
17 | (Text of Section before amendment by P.A. 103-397 ) | ||||||
18 | Sec. 3-2.7-40. Complaints. The Office of Independent | ||||||
19 | Juvenile Ombudsperson shall promptly and efficiently act on | ||||||
20 | complaints made by or on behalf of youth filed with the Office | ||||||
21 | that relate to the operations or staff of the Department of | ||||||
22 | Juvenile Justice. The Office shall maintain information about | ||||||
23 | parties to the complaint, the subject matter of the complaint, | ||||||
24 | a summary of the results of the review or investigation of the | ||||||
25 | complaint, including any resolution of or recommendations made |
| |||||||
| |||||||
1 | as a result of the complaint. The Office shall make | ||||||
2 | information available describing its procedures for complaint | ||||||
3 | investigation and resolution. When applicable, the Office | ||||||
4 | shall notify the complaining youth that an investigation and | ||||||
5 | resolution may result in or will require disclosure of the | ||||||
6 | complaining youth's identity. The Office shall periodically | ||||||
7 | notify the complaint parties of the status of the complaint | ||||||
8 | until final disposition. | ||||||
9 | (Source: P.A. 103-22, eff. 8-8-23.)
| ||||||
10 | (Text of Section after amendment by P.A. 103-397 ) | ||||||
11 | Sec. 3-2.7-40. Complaints. The Office of Independent | ||||||
12 | Juvenile Ombudsperson shall promptly and efficiently act on | ||||||
13 | complaints made by or on behalf of youth filed with the Office | ||||||
14 | that relate to the operations or staff of the Department of | ||||||
15 | Juvenile Justice or a county-operated juvenile detention | ||||||
16 | center. The Office shall maintain information about parties to | ||||||
17 | the complaint, the subject matter of the complaint, a summary | ||||||
18 | of the results of the review or investigation of the | ||||||
19 | complaint, including any resolution of or recommendations made | ||||||
20 | as a result of the complaint. The Office shall make | ||||||
21 | information available describing its procedures for complaint | ||||||
22 | investigation and resolution. When applicable, the Office | ||||||
23 | shall notify the complaining youth that an investigation and | ||||||
24 | resolution may result in or will require disclosure of the | ||||||
25 | complaining youth's identity. The Office shall periodically |
| |||||||
| |||||||
1 | notify the complaint parties of the status of the complaint | ||||||
2 | until final disposition. | ||||||
3 | (Source: P.A. 103-22, eff. 8-8-23; 103-397, eff. 1-1-25; | ||||||
4 | revised 9-18-23.)
| ||||||
5 | (730 ILCS 5/3-2.7-50) | ||||||
6 | (Text of Section before amendment by P.A. 103-397 ) | ||||||
7 | Sec. 3-2.7-50. Promotion and awareness of Office. The | ||||||
8 | Independent Juvenile Ombudsperson shall promote awareness | ||||||
9 | among the public and youth of: | ||||||
10 | (1) the rights of youth committed to the Department; | ||||||
11 | (2) the purpose of the Office; | ||||||
12 | (3) how the Office may be contacted; | ||||||
13 | (4) the confidential nature of communications; and | ||||||
14 | (5) the services the Office provides. | ||||||
15 | (Source: P.A. 103-22, eff. 8-8-23.)
| ||||||
16 | (Text of Section after amendment by P.A. 103-397 ) | ||||||
17 | Sec. 3-2.7-50. Promotion and awareness of Office. The | ||||||
18 | Independent Juvenile Ombudsperson shall promote awareness | ||||||
19 | among the public and youth of: | ||||||
20 | (1) the rights of youth committed to the Department | ||||||
21 | and county-operated juvenile detention centers; | ||||||
22 | (2) the purpose of the Office; | ||||||
23 | (3) how the Office may be contacted; | ||||||
24 | (4) the confidential nature of communications; and |
| |||||||
| |||||||
1 | (5) the services the Office provides. | ||||||
2 | (Source: P.A. 103-22, eff. 8-8-23; 103-397, eff. 1-1-25; | ||||||
3 | revised 9-18-23.)
| ||||||
4 | (730 ILCS 5/3-2.7-55) | ||||||
5 | (Text of Section before amendment by P.A. 103-397 ) | ||||||
6 | Sec. 3-2.7-55. Access to information of governmental | ||||||
7 | entities. The Department of Juvenile Justice shall provide the | ||||||
8 | Independent Juvenile Ombudsperson unrestricted access to all | ||||||
9 | master record files of youth under Section 3-5-1 of this Code. | ||||||
10 | Access to educational, social, psychological, mental health, | ||||||
11 | substance abuse, and medical records shall not be disclosed | ||||||
12 | except as provided in Section 5-910 of the Juvenile Court Act | ||||||
13 | of 1987, the Mental Health and Developmental Disabilities | ||||||
14 | Confidentiality Act, the School Code, and any applicable | ||||||
15 | federal laws that govern access to those records. | ||||||
16 | (Source: P.A. 103-22, eff. 8-8-23.)
| ||||||
17 | (Text of Section after amendment by P.A. 103-397 ) | ||||||
18 | Sec. 3-2.7-55. Access to information of governmental | ||||||
19 | entities. The Department of Juvenile Justice and | ||||||
20 | county-operated juvenile detention centers shall provide the | ||||||
21 | Independent Juvenile Ombudsperson unrestricted access to all | ||||||
22 | master record files of youth under Section 3-5-1 of this Code | ||||||
23 | or any other files of youth in the custody of county-operated | ||||||
24 | juvenile detention centers, or both. Access to educational, |
| |||||||
| |||||||
1 | social, psychological, mental health, substance abuse, and | ||||||
2 | medical records shall not be disclosed except as provided in | ||||||
3 | Section 5-910 of the Juvenile Court Act of 1987, the Mental | ||||||
4 | Health and Developmental Disabilities Confidentiality Act, the | ||||||
5 | School Code, and any applicable federal laws that govern | ||||||
6 | access to those records. | ||||||
7 | (Source: P.A. 103-22, eff. 8-8-23; 103-397, eff. 1-1-25; | ||||||
8 | revised 9-15-23.)
| ||||||
9 | (730 ILCS 5/3-5-1) | ||||||
10 | Sec. 3-5-1. Master record file. | ||||||
11 | (a) The Department of Corrections and the Department of | ||||||
12 | Juvenile Justice shall maintain a master record file on each | ||||||
13 | person committed to it, which shall contain the following | ||||||
14 | information: | ||||||
15 | (1) all information from the committing court; | ||||||
16 | (1.5) ethnic and racial background data collected in | ||||||
17 | accordance with Section 4.5 of the Criminal Identification | ||||||
18 | Act and Section 2-5 of the No Representation Without | ||||||
19 | Population Act; | ||||||
20 | (1.6) the committed person's last known complete | ||||||
21 | street address prior to incarceration or legal residence | ||||||
22 | collected in accordance with Section 2-5 of the No | ||||||
23 | Representation Without Population Act; | ||||||
24 | (2) reception summary; | ||||||
25 | (3) evaluation and assignment reports and |
| |||||||
| |||||||
1 | recommendations; | ||||||
2 | (4) reports as to program assignment and progress; | ||||||
3 | (5) reports of disciplinary infractions and | ||||||
4 | disposition, including tickets and Administrative Review | ||||||
5 | Board action; | ||||||
6 | (6) any parole or aftercare release plan; | ||||||
7 | (7) any parole or aftercare release reports; | ||||||
8 | (8) the date and circumstances of final discharge; | ||||||
9 | (9) criminal history; | ||||||
10 | (10) current and past gang affiliations and ranks; | ||||||
11 | (11) information regarding associations and family | ||||||
12 | relationships; | ||||||
13 | (12) any grievances filed and responses to those | ||||||
14 | grievances; | ||||||
15 | (13) other information that the respective Department | ||||||
16 | determines is relevant to the secure confinement and | ||||||
17 | rehabilitation of the committed person; | ||||||
18 | (14) the last known address provided by the person | ||||||
19 | committed; and | ||||||
20 | (15) all medical and dental records. | ||||||
21 | (b) All files shall be confidential and access shall be | ||||||
22 | limited to authorized personnel of the respective Department | ||||||
23 | or by disclosure in accordance with a court order or subpoena. | ||||||
24 | Personnel of other correctional, welfare or law enforcement | ||||||
25 | agencies may have access to files under rules and regulations | ||||||
26 | of the respective Department. The respective Department shall |
| |||||||
| |||||||
1 | keep a record of all outside personnel who have access to | ||||||
2 | files, the files reviewed, any file material copied, and the | ||||||
3 | purpose of access. If the respective Department or the | ||||||
4 | Prisoner Review Board makes a determination under this Code | ||||||
5 | which affects the length of the period of confinement or | ||||||
6 | commitment, the committed person and his counsel shall be | ||||||
7 | advised of factual information relied upon by the respective | ||||||
8 | Department or Board to make the determination, provided that | ||||||
9 | the Department or Board shall not be required to advise a | ||||||
10 | person committed to the Department of Juvenile Justice any | ||||||
11 | such information which in the opinion of the Department of | ||||||
12 | Juvenile Justice or Board would be detrimental to his | ||||||
13 | treatment or rehabilitation. | ||||||
14 | (c) The master file shall be maintained at a place | ||||||
15 | convenient to its use by personnel of the respective | ||||||
16 | Department in charge of the person. When custody of a person is | ||||||
17 | transferred from the Department to another department or | ||||||
18 | agency, a summary of the file shall be forwarded to the | ||||||
19 | receiving agency with such other information required by law | ||||||
20 | or requested by the agency under rules and regulations of the | ||||||
21 | respective Department. | ||||||
22 | (d) The master file of a person no longer in the custody of | ||||||
23 | the respective Department shall be placed on inactive status | ||||||
24 | and its use shall be restricted subject to rules and | ||||||
25 | regulations of the Department. | ||||||
26 | (e) All public agencies may make available to the |
| |||||||
| |||||||
1 | respective Department on request any factual data not | ||||||
2 | otherwise privileged as a matter of law in their possession in | ||||||
3 | respect to individuals committed to the respective Department. | ||||||
4 | (f) A committed person may request a summary of the | ||||||
5 | committed person's master record file once per year and the | ||||||
6 | committed person's attorney may request one summary of the | ||||||
7 | committed person's master record file once per year. The | ||||||
8 | Department shall create a form for requesting this summary, | ||||||
9 | and shall make that form available to committed persons and to | ||||||
10 | the public on its website. Upon receipt of the request form, | ||||||
11 | the Department shall provide the summary within 15 days. The | ||||||
12 | summary must contain, unless otherwise prohibited by law: | ||||||
13 | (1) the person's name, ethnic, racial, last known | ||||||
14 | street address prior to incarceration or legal residence, | ||||||
15 | and other identifying information; | ||||||
16 | (2) all digitally available information from the | ||||||
17 | committing court; | ||||||
18 | (3) all information in the Offender 360 system on the | ||||||
19 | person's criminal history; | ||||||
20 | (4) the person's complete assignment history in the | ||||||
21 | Department of Corrections; | ||||||
22 | (5) the person's disciplinary card; | ||||||
23 | (6) additional records about up to 3 specific | ||||||
24 | disciplinary incidents as identified by the requester; | ||||||
25 | (7) any available records about up to 5 specific | ||||||
26 | grievances filed by the person, as identified by the |
| |||||||
| |||||||
1 | requester; and | ||||||
2 | (8) the records of all grievances filed on or after | ||||||
3 | January 1, 2023. | ||||||
4 | Notwithstanding any provision of this subsection (f) to | ||||||
5 | the contrary, a committed person's master record file is not | ||||||
6 | subject to disclosure and copying under the Freedom of | ||||||
7 | Information Act. | ||||||
8 | (g) Subject to appropriation, on or before July 1, 2025, | ||||||
9 | the Department of Corrections shall digitalize all newly | ||||||
10 | committed persons' master record files who become incarcerated | ||||||
11 | and all other new information that the Department maintains | ||||||
12 | concerning its correctional institutions, facilities, and | ||||||
13 | individuals incarcerated. | ||||||
14 | (h) Subject to appropriation, on or before July 1, 2027, | ||||||
15 | the Department of Corrections shall digitalize all medical and | ||||||
16 | dental records in the master record files and all other | ||||||
17 | information that the Department maintains concerning its | ||||||
18 | correctional institutions and facilities in relation to | ||||||
19 | medical records, dental records, and medical and dental needs | ||||||
20 | of committed persons. | ||||||
21 | (i) Subject to appropriation, on or before July 1, 2029, | ||||||
22 | the Department of Corrections shall digitalize all information | ||||||
23 | in the master record files and all other information that the | ||||||
24 | Department maintains concerning its correctional institutions | ||||||
25 | and facilities. | ||||||
26 | (j) The Department of Corrections shall adopt rules to |
| |||||||
| |||||||
1 | implement subsections (g), (h), and (i) if appropriations are | ||||||
2 | available to implement these provisions. | ||||||
3 | (k) Subject to appropriation, the Department of | ||||||
4 | Corrections, in consultation with the Department of Innovation | ||||||
5 | and Technology, shall conduct a study on the best way to | ||||||
6 | digitize all Department of Corrections records and the impact | ||||||
7 | of that digitizing on State agencies, including the impact on | ||||||
8 | the Department of Innovation and Technology. The study shall | ||||||
9 | be completed on or before January 1, 2024. | ||||||
10 | (Source: P.A. 102-776, eff. 1-1-23; 102-784, eff. 5-13-22; | ||||||
11 | 103-18, eff. 1-1-24; 103-71, eff. 6-9-23; 103-154, eff. | ||||||
12 | 6-30-23; revised 12-15-23.)
| ||||||
13 | (730 ILCS 5/3-6-3) | ||||||
14 | Sec. 3-6-3. Rules and regulations for sentence credit. | ||||||
15 | (a)(1) The Department of Corrections shall prescribe rules | ||||||
16 | and regulations for awarding and revoking sentence credit for | ||||||
17 | persons committed to the Department of Corrections and the | ||||||
18 | Department of Juvenile Justice shall prescribe rules and | ||||||
19 | regulations for awarding and revoking sentence credit for | ||||||
20 | persons committed to the Department of Juvenile Justice under | ||||||
21 | Section 5-8-6 of the Unified Code of Corrections, which shall | ||||||
22 | be subject to review by the Prisoner Review Board. | ||||||
23 | (1.5) As otherwise provided by law, sentence credit may be | ||||||
24 | awarded for the following: | ||||||
25 | (A) successful completion of programming while in |
| |||||||
| |||||||
1 | custody of the Department of Corrections or the Department | ||||||
2 | of Juvenile Justice or while in custody prior to | ||||||
3 | sentencing; | ||||||
4 | (B) compliance with the rules and regulations of the | ||||||
5 | Department; or | ||||||
6 | (C) service to the institution, service to a | ||||||
7 | community, or service to the State. | ||||||
8 | (2) Except as provided in paragraph (4.7) of this | ||||||
9 | subsection (a), the rules and regulations on sentence credit | ||||||
10 | shall provide, with respect to offenses listed in clause (i), | ||||||
11 | (ii), or (iii) of this paragraph (2) committed on or after June | ||||||
12 | 19, 1998 or with respect to the offense listed in clause (iv) | ||||||
13 | of this paragraph (2) committed on or after June 23, 2005 (the | ||||||
14 | effective date of Public Act 94-71) or with respect to offense | ||||||
15 | listed in clause (vi) committed on or after June 1, 2008 (the | ||||||
16 | effective date of Public Act 95-625) or with respect to the | ||||||
17 | offense of being an armed habitual criminal committed on or | ||||||
18 | after August 2, 2005 (the effective date of Public Act 94-398) | ||||||
19 | or with respect to the offenses listed in clause (v) of this | ||||||
20 | paragraph (2) committed on or after August 13, 2007 (the | ||||||
21 | effective date of Public Act 95-134) or with respect to the | ||||||
22 | offense of aggravated domestic battery committed on or after | ||||||
23 | July 23, 2010 (the effective date of Public Act 96-1224) or | ||||||
24 | with respect to the offense of attempt to commit terrorism | ||||||
25 | committed on or after January 1, 2013 (the effective date of | ||||||
26 | Public Act 97-990), the following: |
| |||||||
| |||||||
1 | (i) that a prisoner who is serving a term of | ||||||
2 | imprisonment for first degree murder or for the offense of | ||||||
3 | terrorism shall receive no sentence credit and shall serve | ||||||
4 | the entire sentence imposed by the court; | ||||||
5 | (ii) that a prisoner serving a sentence for attempt to | ||||||
6 | commit terrorism, attempt to commit first degree murder, | ||||||
7 | solicitation of murder, solicitation of murder for hire, | ||||||
8 | intentional homicide of an unborn child, predatory | ||||||
9 | criminal sexual assault of a child, aggravated criminal | ||||||
10 | sexual assault, criminal sexual assault, aggravated | ||||||
11 | kidnapping, aggravated battery with a firearm as described | ||||||
12 | in Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3), | ||||||
13 | or (e)(4) of Section 12-3.05, heinous battery as described | ||||||
14 | in Section 12-4.1 or subdivision (a)(2) of Section | ||||||
15 | 12-3.05, being an armed habitual criminal, aggravated | ||||||
16 | battery of a senior citizen as described in Section 12-4.6 | ||||||
17 | or subdivision (a)(4) of Section 12-3.05, or aggravated | ||||||
18 | battery of a child as described in Section 12-4.3 or | ||||||
19 | subdivision (b)(1) of Section 12-3.05 shall receive no | ||||||
20 | more than 4.5 days of sentence credit for each month of his | ||||||
21 | or her sentence of imprisonment; | ||||||
22 | (iii) that a prisoner serving a sentence for home | ||||||
23 | invasion, armed robbery, aggravated vehicular hijacking, | ||||||
24 | aggravated discharge of a firearm, or armed violence with | ||||||
25 | a category I weapon or category II weapon, when the court | ||||||
26 | has made and entered a finding, pursuant to subsection |
| |||||||
| |||||||
1 | (c-1) of Section 5-4-1 of this Code, that the conduct | ||||||
2 | leading to conviction for the enumerated offense resulted | ||||||
3 | in great bodily harm to a victim, shall receive no more | ||||||
4 | than 4.5 days of sentence credit for each month of his or | ||||||
5 | her sentence of imprisonment; | ||||||
6 | (iv) that a prisoner serving a sentence for aggravated | ||||||
7 | discharge of a firearm, whether or not the conduct leading | ||||||
8 | to conviction for the offense resulted in great bodily | ||||||
9 | harm to the victim, shall receive no more than 4.5 days of | ||||||
10 | sentence credit for each month of his or her sentence of | ||||||
11 | imprisonment; | ||||||
12 | (v) that a person serving a sentence for gunrunning, | ||||||
13 | narcotics racketeering, controlled substance trafficking, | ||||||
14 | methamphetamine trafficking, drug-induced homicide, | ||||||
15 | aggravated methamphetamine-related child endangerment, | ||||||
16 | money laundering pursuant to clause (c) (4) or (5) of | ||||||
17 | Section 29B-1 of the Criminal Code of 1961 or the Criminal | ||||||
18 | Code of 2012, or a Class X felony conviction for delivery | ||||||
19 | of a controlled substance, possession of a controlled | ||||||
20 | substance with intent to manufacture or deliver, | ||||||
21 | calculated criminal drug conspiracy, criminal drug | ||||||
22 | conspiracy, street gang criminal drug conspiracy, | ||||||
23 | participation in methamphetamine manufacturing, | ||||||
24 | aggravated participation in methamphetamine | ||||||
25 | manufacturing, delivery of methamphetamine, possession | ||||||
26 | with intent to deliver methamphetamine, aggravated |
| |||||||
| |||||||
1 | delivery of methamphetamine, aggravated possession with | ||||||
2 | intent to deliver methamphetamine, methamphetamine | ||||||
3 | conspiracy when the substance containing the controlled | ||||||
4 | substance or methamphetamine is 100 grams or more shall | ||||||
5 | receive no more than 7.5 days sentence credit for each | ||||||
6 | month of his or her sentence of imprisonment; | ||||||
7 | (vi) that a prisoner serving a sentence for a second | ||||||
8 | or subsequent offense of luring a minor shall receive no | ||||||
9 | more than 4.5 days of sentence credit for each month of his | ||||||
10 | or her sentence of imprisonment; and | ||||||
11 | (vii) that a prisoner serving a sentence for | ||||||
12 | aggravated domestic battery shall receive no more than 4.5 | ||||||
13 | days of sentence credit for each month of his or her | ||||||
14 | sentence of imprisonment. | ||||||
15 | (2.1) For all offenses, other than those enumerated in | ||||||
16 | subdivision (a)(2)(i), (ii), or (iii) committed on or after | ||||||
17 | June 19, 1998 or subdivision (a)(2)(iv) committed on or after | ||||||
18 | June 23, 2005 (the effective date of Public Act 94-71) or | ||||||
19 | subdivision (a)(2)(v) committed on or after August 13, 2007 | ||||||
20 | (the effective date of Public Act 95-134) or subdivision | ||||||
21 | (a)(2)(vi) committed on or after June 1, 2008 (the effective | ||||||
22 | date of Public Act 95-625) or subdivision (a)(2)(vii) | ||||||
23 | committed on or after July 23, 2010 (the effective date of | ||||||
24 | Public Act 96-1224), and other than the offense of aggravated | ||||||
25 | driving under the influence of alcohol, other drug or drugs, | ||||||
26 | or intoxicating compound or compounds, or any combination |
| |||||||
| |||||||
1 | thereof as defined in subparagraph (F) of paragraph (1) of | ||||||
2 | subsection (d) of Section 11-501 of the Illinois Vehicle Code, | ||||||
3 | and other than the offense of aggravated driving under the | ||||||
4 | influence of alcohol, other drug or drugs, or intoxicating | ||||||
5 | compound or compounds, or any combination thereof as defined | ||||||
6 | in subparagraph (C) of paragraph (1) of subsection (d) of | ||||||
7 | Section 11-501 of the Illinois Vehicle Code committed on or | ||||||
8 | after January 1, 2011 (the effective date of Public Act | ||||||
9 | 96-1230), the rules and regulations shall provide that a | ||||||
10 | prisoner who is serving a term of imprisonment shall receive | ||||||
11 | one day of sentence credit for each day of his or her sentence | ||||||
12 | of imprisonment or recommitment under Section 3-3-9. Each day | ||||||
13 | of sentence credit shall reduce by one day the prisoner's | ||||||
14 | period of imprisonment or recommitment under Section 3-3-9. | ||||||
15 | (2.2) A prisoner serving a term of natural life | ||||||
16 | imprisonment shall receive no sentence credit. | ||||||
17 | (2.3) Except as provided in paragraph (4.7) of this | ||||||
18 | subsection (a), the rules and regulations on sentence credit | ||||||
19 | shall provide that a prisoner who is serving a sentence for | ||||||
20 | aggravated driving under the influence of alcohol, other drug | ||||||
21 | or drugs, or intoxicating compound or compounds, or any | ||||||
22 | combination thereof as defined in subparagraph (F) of | ||||||
23 | paragraph (1) of subsection (d) of Section 11-501 of the | ||||||
24 | Illinois Vehicle Code, shall receive no more than 4.5 days of | ||||||
25 | sentence credit for each month of his or her sentence of | ||||||
26 | imprisonment. |
| |||||||
| |||||||
1 | (2.4) Except as provided in paragraph (4.7) of this | ||||||
2 | subsection (a), the rules and regulations on sentence credit | ||||||
3 | shall provide with respect to the offenses of aggravated | ||||||
4 | battery with a machine gun or a firearm equipped with any | ||||||
5 | device or attachment designed or used for silencing the report | ||||||
6 | of a firearm or aggravated discharge of a machine gun or a | ||||||
7 | firearm equipped with any device or attachment designed or | ||||||
8 | used for silencing the report of a firearm, committed on or | ||||||
9 | after July 15, 1999 (the effective date of Public Act 91-121), | ||||||
10 | that a prisoner serving a sentence for any of these offenses | ||||||
11 | shall receive no more than 4.5 days of sentence credit for each | ||||||
12 | month of his or her sentence of imprisonment. | ||||||
13 | (2.5) Except as provided in paragraph (4.7) of this | ||||||
14 | subsection (a), the rules and regulations on sentence credit | ||||||
15 | shall provide that a prisoner who is serving a sentence for | ||||||
16 | aggravated arson committed on or after July 27, 2001 (the | ||||||
17 | effective date of Public Act 92-176) shall receive no more | ||||||
18 | than 4.5 days of sentence credit for each month of his or her | ||||||
19 | sentence of imprisonment. | ||||||
20 | (2.6) Except as provided in paragraph (4.7) of this | ||||||
21 | subsection (a), the rules and regulations on sentence credit | ||||||
22 | shall provide that a prisoner who is serving a sentence for | ||||||
23 | aggravated driving under the influence of alcohol, other drug | ||||||
24 | or drugs, or intoxicating compound or compounds or any | ||||||
25 | combination thereof as defined in subparagraph (C) of | ||||||
26 | paragraph (1) of subsection (d) of Section 11-501 of the |
| |||||||
| |||||||
1 | Illinois Vehicle Code committed on or after January 1, 2011 | ||||||
2 | (the effective date of Public Act 96-1230) shall receive no | ||||||
3 | more than 4.5 days of sentence credit for each month of his or | ||||||
4 | her sentence of imprisonment. | ||||||
5 | (3) In addition to the sentence credits earned under | ||||||
6 | paragraphs (2.1), (4), (4.1), (4.2), and (4.7) of this | ||||||
7 | subsection (a), the rules and regulations shall also provide | ||||||
8 | that the Director of Corrections or the Director of Juvenile | ||||||
9 | Justice may award up to 180 days of earned sentence credit for | ||||||
10 | prisoners serving a sentence of incarceration of less than 5 | ||||||
11 | years, and up to 365 days of earned sentence credit for | ||||||
12 | prisoners serving a sentence of 5 years or longer. The | ||||||
13 | Director may grant this credit for good conduct in specific | ||||||
14 | instances as either Director deems proper for eligible persons | ||||||
15 | in the custody of each Director's respective Department. The | ||||||
16 | good conduct may include, but is not limited to, compliance | ||||||
17 | with the rules and regulations of the Department, service to | ||||||
18 | the Department, service to a community, or service to the | ||||||
19 | State. | ||||||
20 | Eligible inmates for an award of earned sentence credit | ||||||
21 | under this paragraph (3) may be selected to receive the credit | ||||||
22 | at either Director's or his or her designee's sole discretion. | ||||||
23 | Eligibility for the additional earned sentence credit under | ||||||
24 | this paragraph (3) may be based on, but is not limited to, | ||||||
25 | participation in programming offered by the Department as | ||||||
26 | appropriate for the prisoner based on the results of any |
| |||||||
| |||||||
1 | available risk/needs assessment or other relevant assessments | ||||||
2 | or evaluations administered by the Department using a | ||||||
3 | validated instrument, the circumstances of the crime, | ||||||
4 | demonstrated commitment to rehabilitation by a prisoner with a | ||||||
5 | history of conviction for a forcible felony enumerated in | ||||||
6 | Section 2-8 of the Criminal Code of 2012, the inmate's | ||||||
7 | behavior and improvements in disciplinary history while | ||||||
8 | incarcerated, and the inmate's commitment to rehabilitation, | ||||||
9 | including participation in programming offered by the | ||||||
10 | Department. | ||||||
11 | The Director of Corrections or the Director of Juvenile | ||||||
12 | Justice shall not award sentence credit under this paragraph | ||||||
13 | (3) to an inmate unless the inmate has served a minimum of 60 | ||||||
14 | days of the sentence, including time served in a county jail; | ||||||
15 | except nothing in this paragraph shall be construed to permit | ||||||
16 | either Director to extend an inmate's sentence beyond that | ||||||
17 | which was imposed by the court. Prior to awarding credit under | ||||||
18 | this paragraph (3), each Director shall make a written | ||||||
19 | determination that the inmate: | ||||||
20 | (A) is eligible for the earned sentence credit; | ||||||
21 | (B) has served a minimum of 60 days, or as close to 60 | ||||||
22 | days as the sentence will allow; | ||||||
23 | (B-1) has received a risk/needs assessment or other | ||||||
24 | relevant evaluation or assessment administered by the | ||||||
25 | Department using a validated instrument; and | ||||||
26 | (C) has met the eligibility criteria established by |
| |||||||
| |||||||
1 | rule for earned sentence credit. | ||||||
2 | The Director of Corrections or the Director of Juvenile | ||||||
3 | Justice shall determine the form and content of the written | ||||||
4 | determination required in this subsection. | ||||||
5 | (3.5) The Department shall provide annual written reports | ||||||
6 | to the Governor and the General Assembly on the award of earned | ||||||
7 | sentence credit no later than February 1 of each year. The | ||||||
8 | Department must publish both reports on its website within 48 | ||||||
9 | hours of transmitting the reports to the Governor and the | ||||||
10 | General Assembly. The reports must include: | ||||||
11 | (A) the number of inmates awarded earned sentence | ||||||
12 | credit; | ||||||
13 | (B) the average amount of earned sentence credit | ||||||
14 | awarded; | ||||||
15 | (C) the holding offenses of inmates awarded earned | ||||||
16 | sentence credit; and | ||||||
17 | (D) the number of earned sentence credit revocations. | ||||||
18 | (4)(A) Except as provided in paragraph (4.7) of this | ||||||
19 | subsection (a), the rules and regulations shall also provide | ||||||
20 | that any prisoner who is engaged full-time in substance abuse | ||||||
21 | programs, correctional industry assignments, educational | ||||||
22 | programs, work-release programs or activities in accordance | ||||||
23 | with Article 13 of Chapter III of this Code, behavior | ||||||
24 | modification programs, life skills courses, or re-entry | ||||||
25 | planning provided by the Department under this paragraph (4) | ||||||
26 | and satisfactorily completes the assigned program as |
| |||||||
| |||||||
1 | determined by the standards of the Department, shall receive | ||||||
2 | one day of sentence credit for each day in which that prisoner | ||||||
3 | is engaged in the activities described in this paragraph. The | ||||||
4 | rules and regulations shall also provide that sentence credit | ||||||
5 | may be provided to an inmate who was held in pre-trial | ||||||
6 | detention prior to his or her current commitment to the | ||||||
7 | Department of Corrections and successfully completed a | ||||||
8 | full-time, 60-day or longer substance abuse program, | ||||||
9 | educational program, behavior modification program, life | ||||||
10 | skills course, or re-entry planning provided by the county | ||||||
11 | department of corrections or county jail. Calculation of this | ||||||
12 | county program credit shall be done at sentencing as provided | ||||||
13 | in Section 5-4.5-100 of this Code and shall be included in the | ||||||
14 | sentencing order. The rules and regulations shall also provide | ||||||
15 | that sentence credit may be provided to an inmate who is in | ||||||
16 | compliance with programming requirements in an adult | ||||||
17 | transition center. | ||||||
18 | (B) The Department shall award sentence credit under this | ||||||
19 | paragraph (4) accumulated prior to January 1, 2020 (the | ||||||
20 | effective date of Public Act 101-440) in an amount specified | ||||||
21 | in subparagraph (C) of this paragraph (4) to an inmate serving | ||||||
22 | a sentence for an offense committed prior to June 19, 1998, if | ||||||
23 | the Department determines that the inmate is entitled to this | ||||||
24 | sentence credit, based upon: | ||||||
25 | (i) documentation provided by the Department that the | ||||||
26 | inmate engaged in any full-time substance abuse programs, |
| |||||||
| |||||||
1 | correctional industry assignments, educational programs, | ||||||
2 | behavior modification programs, life skills courses, or | ||||||
3 | re-entry planning provided by the Department under this | ||||||
4 | paragraph (4) and satisfactorily completed the assigned | ||||||
5 | program as determined by the standards of the Department | ||||||
6 | during the inmate's current term of incarceration; or | ||||||
7 | (ii) the inmate's own testimony in the form of an | ||||||
8 | affidavit or documentation, or a third party's | ||||||
9 | documentation or testimony in the form of an affidavit | ||||||
10 | that the inmate likely engaged in any full-time substance | ||||||
11 | abuse programs, correctional industry assignments, | ||||||
12 | educational programs, behavior modification programs, life | ||||||
13 | skills courses, or re-entry planning provided by the | ||||||
14 | Department under paragraph (4) and satisfactorily | ||||||
15 | completed the assigned program as determined by the | ||||||
16 | standards of the Department during the inmate's current | ||||||
17 | term of incarceration. | ||||||
18 | (C) If the inmate can provide documentation that he or she | ||||||
19 | is entitled to sentence credit under subparagraph (B) in | ||||||
20 | excess of 45 days of participation in those programs, the | ||||||
21 | inmate shall receive 90 days of sentence credit. If the inmate | ||||||
22 | cannot provide documentation of more than 45 days of | ||||||
23 | participation in those programs, the inmate shall receive 45 | ||||||
24 | days of sentence credit. In the event of a disagreement | ||||||
25 | between the Department and the inmate as to the amount of | ||||||
26 | credit accumulated under subparagraph (B), if the Department |
| |||||||
| |||||||
1 | provides documented proof of a lesser amount of days of | ||||||
2 | participation in those programs, that proof shall control. If | ||||||
3 | the Department provides no documentary proof, the inmate's | ||||||
4 | proof as set forth in clause (ii) of subparagraph (B) shall | ||||||
5 | control as to the amount of sentence credit provided. | ||||||
6 | (D) If the inmate has been convicted of a sex offense as | ||||||
7 | defined in Section 2 of the Sex Offender Registration Act, | ||||||
8 | sentencing credits under subparagraph (B) of this paragraph | ||||||
9 | (4) shall be awarded by the Department only if the conditions | ||||||
10 | set forth in paragraph (4.6) of subsection (a) are satisfied. | ||||||
11 | No inmate serving a term of natural life imprisonment shall | ||||||
12 | receive sentence credit under subparagraph (B) of this | ||||||
13 | paragraph (4). | ||||||
14 | (E) The rules and regulations shall provide for the | ||||||
15 | recalculation of program credits awarded pursuant to this | ||||||
16 | paragraph (4) prior to July 1, 2021 (the effective date of | ||||||
17 | Public Act 101-652) at the rate set for such credits on and | ||||||
18 | after July 1, 2021. | ||||||
19 | Educational, vocational, substance abuse, behavior | ||||||
20 | modification programs, life skills courses, re-entry planning, | ||||||
21 | and correctional industry programs under which sentence credit | ||||||
22 | may be earned under this paragraph (4) and paragraph (4.1) of | ||||||
23 | this subsection (a) shall be evaluated by the Department on | ||||||
24 | the basis of documented standards. The Department shall report | ||||||
25 | the results of these evaluations to the Governor and the | ||||||
26 | General Assembly by September 30th of each year. The reports |
| |||||||
| |||||||
1 | shall include data relating to the recidivism rate among | ||||||
2 | program participants. | ||||||
3 | Availability of these programs shall be subject to the | ||||||
4 | limits of fiscal resources appropriated by the General | ||||||
5 | Assembly for these purposes. Eligible inmates who are denied | ||||||
6 | immediate admission shall be placed on a waiting list under | ||||||
7 | criteria established by the Department. The rules and | ||||||
8 | regulations shall provide that a prisoner who has been placed | ||||||
9 | on a waiting list but is transferred for non-disciplinary | ||||||
10 | reasons before beginning a program shall receive priority | ||||||
11 | placement on the waitlist for appropriate programs at the new | ||||||
12 | facility. The inability of any inmate to become engaged in any | ||||||
13 | such programs by reason of insufficient program resources or | ||||||
14 | for any other reason established under the rules and | ||||||
15 | regulations of the Department shall not be deemed a cause of | ||||||
16 | action under which the Department or any employee or agent of | ||||||
17 | the Department shall be liable for damages to the inmate. The | ||||||
18 | rules and regulations shall provide that a prisoner who begins | ||||||
19 | an educational, vocational, substance abuse, work-release | ||||||
20 | programs or activities in accordance with Article 13 of | ||||||
21 | Chapter III of this Code, behavior modification program, life | ||||||
22 | skills course, re-entry planning, or correctional industry | ||||||
23 | programs but is unable to complete the program due to illness, | ||||||
24 | disability, transfer, lockdown, or another reason outside of | ||||||
25 | the prisoner's control shall receive prorated sentence credits | ||||||
26 | for the days in which the prisoner did participate. |
| |||||||
| |||||||
1 | (4.1) Except as provided in paragraph (4.7) of this | ||||||
2 | subsection (a), the rules and regulations shall also provide | ||||||
3 | that an additional 90 days of sentence credit shall be awarded | ||||||
4 | to any prisoner who passes high school equivalency testing | ||||||
5 | while the prisoner is committed to the Department of | ||||||
6 | Corrections. The sentence credit awarded under this paragraph | ||||||
7 | (4.1) shall be in addition to, and shall not affect, the award | ||||||
8 | of sentence credit under any other paragraph of this Section, | ||||||
9 | but shall also be pursuant to the guidelines and restrictions | ||||||
10 | set forth in paragraph (4) of subsection (a) of this Section. | ||||||
11 | The sentence credit provided for in this paragraph shall be | ||||||
12 | available only to those prisoners who have not previously | ||||||
13 | earned a high school diploma or a State of Illinois High School | ||||||
14 | Diploma. If, after an award of the high school equivalency | ||||||
15 | testing sentence credit has been made, the Department | ||||||
16 | determines that the prisoner was not eligible, then the award | ||||||
17 | shall be revoked. The Department may also award 90 days of | ||||||
18 | sentence credit to any committed person who passed high school | ||||||
19 | equivalency testing while he or she was held in pre-trial | ||||||
20 | detention prior to the current commitment to the Department of | ||||||
21 | Corrections. Except as provided in paragraph (4.7) of this | ||||||
22 | subsection (a), the rules and regulations shall provide that | ||||||
23 | an additional 120 days of sentence credit shall be awarded to | ||||||
24 | any prisoner who obtains an associate degree while the | ||||||
25 | prisoner is committed to the Department of Corrections, | ||||||
26 | regardless of the date that the associate degree was obtained, |
| |||||||
| |||||||
1 | including if prior to July 1, 2021 (the effective date of | ||||||
2 | Public Act 101-652). The sentence credit awarded under this | ||||||
3 | paragraph (4.1) shall be in addition to, and shall not affect, | ||||||
4 | the award of sentence credit under any other paragraph of this | ||||||
5 | Section, but shall also be under the guidelines and | ||||||
6 | restrictions set forth in paragraph (4) of subsection (a) of | ||||||
7 | this Section. The sentence credit provided for in this | ||||||
8 | paragraph (4.1) shall be available only to those prisoners who | ||||||
9 | have not previously earned an associate degree prior to the | ||||||
10 | current commitment to the Department of Corrections. If, after | ||||||
11 | an award of the associate degree sentence credit has been made | ||||||
12 | and the Department determines that the prisoner was not | ||||||
13 | eligible, then the award shall be revoked. The Department may | ||||||
14 | also award 120 days of sentence credit to any committed person | ||||||
15 | who earned an associate degree while he or she was held in | ||||||
16 | pre-trial detention prior to the current commitment to the | ||||||
17 | Department of Corrections. | ||||||
18 | Except as provided in paragraph (4.7) of this subsection | ||||||
19 | (a), the rules and regulations shall provide that an | ||||||
20 | additional 180 days of sentence credit shall be awarded to any | ||||||
21 | prisoner who obtains a bachelor's degree while the prisoner is | ||||||
22 | committed to the Department of Corrections. The sentence | ||||||
23 | credit awarded under this paragraph (4.1) shall be in addition | ||||||
24 | to, and shall not affect, the award of sentence credit under | ||||||
25 | any other paragraph of this Section, but shall also be under | ||||||
26 | the guidelines and restrictions set forth in paragraph (4) of |
| |||||||
| |||||||
1 | this subsection (a). The sentence credit provided for in this | ||||||
2 | paragraph shall be available only to those prisoners who have | ||||||
3 | not earned a bachelor's degree prior to the current commitment | ||||||
4 | to the Department of Corrections. If, after an award of the | ||||||
5 | bachelor's degree sentence credit has been made, the | ||||||
6 | Department determines that the prisoner was not eligible, then | ||||||
7 | the award shall be revoked. The Department may also award 180 | ||||||
8 | days of sentence credit to any committed person who earned a | ||||||
9 | bachelor's degree while he or she was held in pre-trial | ||||||
10 | detention prior to the current commitment to the Department of | ||||||
11 | Corrections. | ||||||
12 | Except as provided in paragraph (4.7) of this subsection | ||||||
13 | (a), the rules and regulations shall provide that an | ||||||
14 | additional 180 days of sentence credit shall be awarded to any | ||||||
15 | prisoner who obtains a master's or professional degree while | ||||||
16 | the prisoner is committed to the Department of Corrections. | ||||||
17 | The sentence credit awarded under this paragraph (4.1) shall | ||||||
18 | be in addition to, and shall not affect, the award of sentence | ||||||
19 | credit under any other paragraph of this Section, but shall | ||||||
20 | also be under the guidelines and restrictions set forth in | ||||||
21 | paragraph (4) of this subsection (a). The sentence credit | ||||||
22 | provided for in this paragraph shall be available only to | ||||||
23 | those prisoners who have not previously earned a master's or | ||||||
24 | professional degree prior to the current commitment to the | ||||||
25 | Department of Corrections. If, after an award of the master's | ||||||
26 | or professional degree sentence credit has been made, the |
| |||||||
| |||||||
1 | Department determines that the prisoner was not eligible, then | ||||||
2 | the award shall be revoked. The Department may also award 180 | ||||||
3 | days of sentence credit to any committed person who earned a | ||||||
4 | master's or professional degree while he or she was held in | ||||||
5 | pre-trial detention prior to the current commitment to the | ||||||
6 | Department of Corrections. | ||||||
7 | (4.2)(A) The rules and regulations shall also provide that | ||||||
8 | any prisoner engaged in self-improvement programs, volunteer | ||||||
9 | work, or work assignments that are not otherwise eligible | ||||||
10 | activities under paragraph (4), shall receive up to 0.5 days | ||||||
11 | of sentence credit for each day in which the prisoner is | ||||||
12 | engaged in activities described in this paragraph. | ||||||
13 | (B) The rules and regulations shall provide for the award | ||||||
14 | of sentence credit under this paragraph (4.2) for qualifying | ||||||
15 | days of engagement in eligible activities occurring prior to | ||||||
16 | July 1, 2021 (the effective date of Public Act 101-652). | ||||||
17 | (4.5) The rules and regulations on sentence credit shall | ||||||
18 | also provide that when the court's sentencing order recommends | ||||||
19 | a prisoner for substance abuse treatment and the crime was | ||||||
20 | committed on or after September 1, 2003 (the effective date of | ||||||
21 | Public Act 93-354), the prisoner shall receive no sentence | ||||||
22 | credit awarded under clause (3) of this subsection (a) unless | ||||||
23 | he or she participates in and completes a substance abuse | ||||||
24 | treatment program. The Director of Corrections may waive the | ||||||
25 | requirement to participate in or complete a substance abuse | ||||||
26 | treatment program in specific instances if the prisoner is not |
| |||||||
| |||||||
1 | a good candidate for a substance abuse treatment program for | ||||||
2 | medical, programming, or operational reasons. Availability of | ||||||
3 | substance abuse treatment shall be subject to the limits of | ||||||
4 | fiscal resources appropriated by the General Assembly for | ||||||
5 | these purposes. If treatment is not available and the | ||||||
6 | requirement to participate and complete the treatment has not | ||||||
7 | been waived by the Director, the prisoner shall be placed on a | ||||||
8 | waiting list under criteria established by the Department. The | ||||||
9 | Director may allow a prisoner placed on a waiting list to | ||||||
10 | participate in and complete a substance abuse education class | ||||||
11 | or attend substance abuse self-help meetings in lieu of a | ||||||
12 | substance abuse treatment program. A prisoner on a waiting | ||||||
13 | list who is not placed in a substance abuse program prior to | ||||||
14 | release may be eligible for a waiver and receive sentence | ||||||
15 | credit under clause (3) of this subsection (a) at the | ||||||
16 | discretion of the Director. | ||||||
17 | (4.6) The rules and regulations on sentence credit shall | ||||||
18 | also provide that a prisoner who has been convicted of a sex | ||||||
19 | offense as defined in Section 2 of the Sex Offender | ||||||
20 | Registration Act shall receive no sentence credit unless he or | ||||||
21 | she either has successfully completed or is participating in | ||||||
22 | sex offender treatment as defined by the Sex Offender | ||||||
23 | Management Board. However, prisoners who are waiting to | ||||||
24 | receive treatment, but who are unable to do so due solely to | ||||||
25 | the lack of resources on the part of the Department, may, at | ||||||
26 | either Director's sole discretion, be awarded sentence credit |
| |||||||
| |||||||
1 | at a rate as the Director shall determine. | ||||||
2 | (4.7) On or after January 1, 2018 (the effective date of | ||||||
3 | Public Act 100-3), sentence credit under paragraph (3), (4), | ||||||
4 | or (4.1) of this subsection (a) may be awarded to a prisoner | ||||||
5 | who is serving a sentence for an offense described in | ||||||
6 | paragraph (2), (2.3), (2.4), (2.5), or (2.6) for credit earned | ||||||
7 | on or after January 1, 2018 (the effective date of Public Act | ||||||
8 | 100-3); provided, the award of the credits under this | ||||||
9 | paragraph (4.7) shall not reduce the sentence of the prisoner | ||||||
10 | to less than the following amounts: | ||||||
11 | (i) 85% of his or her sentence if the prisoner is | ||||||
12 | required to serve 85% of his or her sentence; or | ||||||
13 | (ii) 60% of his or her sentence if the prisoner is | ||||||
14 | required to serve 75% of his or her sentence, except if the | ||||||
15 | prisoner is serving a sentence for gunrunning his or her | ||||||
16 | sentence shall not be reduced to less than 75%. | ||||||
17 | (iii) 100% of his or her sentence if the prisoner is | ||||||
18 | required to serve 100% of his or her sentence. | ||||||
19 | (5) Whenever the Department is to release any inmate | ||||||
20 | earlier than it otherwise would because of a grant of earned | ||||||
21 | sentence credit under paragraph (3) of subsection (a) of this | ||||||
22 | Section given at any time during the term, the Department | ||||||
23 | shall give reasonable notice of the impending release not less | ||||||
24 | than 14 days prior to the date of the release to the State's | ||||||
25 | Attorney of the county where the prosecution of the inmate | ||||||
26 | took place, and if applicable, the State's Attorney of the |
| |||||||
| |||||||
1 | county into which the inmate will be released. The Department | ||||||
2 | must also make identification information and a recent photo | ||||||
3 | of the inmate being released accessible on the Internet by | ||||||
4 | means of a hyperlink labeled "Community Notification of Inmate | ||||||
5 | Early Release" on the Department's World Wide Web homepage. | ||||||
6 | The identification information shall include the inmate's: | ||||||
7 | name, any known alias, date of birth, physical | ||||||
8 | characteristics, commitment offense, and county where | ||||||
9 | conviction was imposed. The identification information shall | ||||||
10 | be placed on the website within 3 days of the inmate's release | ||||||
11 | and the information may not be removed until either: | ||||||
12 | completion of the first year of mandatory supervised release | ||||||
13 | or return of the inmate to custody of the Department. | ||||||
14 | (b) Whenever a person is or has been committed under | ||||||
15 | several convictions, with separate sentences, the sentences | ||||||
16 | shall be construed under Section 5-8-4 in granting and | ||||||
17 | forfeiting of sentence credit. | ||||||
18 | (c) (1) The Department shall prescribe rules and | ||||||
19 | regulations for revoking sentence credit, including revoking | ||||||
20 | sentence credit awarded under paragraph (3) of subsection (a) | ||||||
21 | of this Section. The Department shall prescribe rules and | ||||||
22 | regulations establishing and requiring the use of a sanctions | ||||||
23 | matrix for revoking sentence credit. The Department shall | ||||||
24 | prescribe rules and regulations for suspending or reducing the | ||||||
25 | rate of accumulation of sentence credit for specific rule | ||||||
26 | violations, during imprisonment. These rules and regulations |
| |||||||
| |||||||
1 | shall provide that no inmate may be penalized more than one | ||||||
2 | year of sentence credit for any one infraction. | ||||||
3 | (2) When the Department seeks to revoke, suspend, or | ||||||
4 | reduce the rate of accumulation of any sentence credits for an | ||||||
5 | alleged infraction of its rules, it shall bring charges | ||||||
6 | therefor against the prisoner sought to be so deprived of | ||||||
7 | sentence credits before the Prisoner Review Board as provided | ||||||
8 | in subparagraph (a)(4) of Section 3-3-2 of this Code, if the | ||||||
9 | amount of credit at issue exceeds 30 days, whether from one | ||||||
10 | infraction or cumulatively from multiple infractions arising | ||||||
11 | out of a single event, or when, during any 12-month period, the | ||||||
12 | cumulative amount of credit revoked exceeds 30 days except | ||||||
13 | where the infraction is committed or discovered within 60 days | ||||||
14 | of scheduled release. In those cases, the Department of | ||||||
15 | Corrections may revoke up to 30 days of sentence credit. The | ||||||
16 | Board may subsequently approve the revocation of additional | ||||||
17 | sentence credit, if the Department seeks to revoke sentence | ||||||
18 | credit in excess of 30 days. However, the Board shall not be | ||||||
19 | empowered to review the Department's decision with respect to | ||||||
20 | the loss of 30 days of sentence credit within any calendar year | ||||||
21 | for any prisoner or to increase any penalty beyond the length | ||||||
22 | requested by the Department. | ||||||
23 | (3) The Director of Corrections or the Director of | ||||||
24 | Juvenile Justice, in appropriate cases, may restore sentence | ||||||
25 | credits which have been revoked, suspended, or reduced. The | ||||||
26 | Department shall prescribe rules and regulations governing the |
| |||||||
| |||||||
1 | restoration of sentence credits. These rules and regulations | ||||||
2 | shall provide for the automatic restoration of sentence | ||||||
3 | credits following a period in which the prisoner maintains a | ||||||
4 | record without a disciplinary violation. | ||||||
5 | Nothing contained in this Section shall prohibit the | ||||||
6 | Prisoner Review Board from ordering, pursuant to Section | ||||||
7 | 3-3-9(a)(3)(i)(B), that a prisoner serve up to one year of the | ||||||
8 | sentence imposed by the court that was not served due to the | ||||||
9 | accumulation of sentence credit. | ||||||
10 | (d) If a lawsuit is filed by a prisoner in an Illinois or | ||||||
11 | federal court against the State, the Department of | ||||||
12 | Corrections, or the Prisoner Review Board, or against any of | ||||||
13 | their officers or employees, and the court makes a specific | ||||||
14 | finding that a pleading, motion, or other paper filed by the | ||||||
15 | prisoner is frivolous, the Department of Corrections shall | ||||||
16 | conduct a hearing to revoke up to 180 days of sentence credit | ||||||
17 | by bringing charges against the prisoner sought to be deprived | ||||||
18 | of the sentence credits before the Prisoner Review Board as | ||||||
19 | provided in subparagraph (a)(8) of Section 3-3-2 of this Code. | ||||||
20 | If the prisoner has not accumulated 180 days of sentence | ||||||
21 | credit at the time of the finding, then the Prisoner Review | ||||||
22 | Board may revoke all sentence credit accumulated by the | ||||||
23 | prisoner. | ||||||
24 | For purposes of this subsection (d): | ||||||
25 | (1) "Frivolous" means that a pleading, motion, or | ||||||
26 | other filing which purports to be a legal document filed |
| |||||||
| |||||||
1 | by a prisoner in his or her lawsuit meets any or all of the | ||||||
2 | following criteria: | ||||||
3 | (A) it lacks an arguable basis either in law or in | ||||||
4 | fact; | ||||||
5 | (B) it is being presented for any improper | ||||||
6 | purpose, such as to harass or to cause unnecessary | ||||||
7 | delay or needless increase in the cost of litigation; | ||||||
8 | (C) the claims, defenses, and other legal | ||||||
9 | contentions therein are not warranted by existing law | ||||||
10 | or by a nonfrivolous argument for the extension, | ||||||
11 | modification, or reversal of existing law or the | ||||||
12 | establishment of new law; | ||||||
13 | (D) the allegations and other factual contentions | ||||||
14 | do not have evidentiary support or, if specifically so | ||||||
15 | identified, are not likely to have evidentiary support | ||||||
16 | after a reasonable opportunity for further | ||||||
17 | investigation or discovery; or | ||||||
18 | (E) the denials of factual contentions are not | ||||||
19 | warranted on the evidence, or if specifically so | ||||||
20 | identified, are not reasonably based on a lack of | ||||||
21 | information or belief. | ||||||
22 | (2) "Lawsuit" means a motion pursuant to Section 116-3 | ||||||
23 | of the Code of Criminal Procedure of 1963, a habeas corpus | ||||||
24 | action under Article X of the Code of Civil Procedure or | ||||||
25 | under federal law (28 U.S.C. 2254), a petition for claim | ||||||
26 | under the Court of Claims Act, an action under the federal |
| |||||||
| |||||||
1 | Civil Rights Act (42 U.S.C. 1983), or a second or | ||||||
2 | subsequent petition for post-conviction relief under | ||||||
3 | Article 122 of the Code of Criminal Procedure of 1963 | ||||||
4 | whether filed with or without leave of court or a second or | ||||||
5 | subsequent petition for relief from judgment under Section | ||||||
6 | 2-1401 of the Code of Civil Procedure. | ||||||
7 | (e) Nothing in Public Act 90-592 or 90-593 affects the | ||||||
8 | validity of Public Act 89-404. | ||||||
9 | (f) Whenever the Department is to release any inmate who | ||||||
10 | has been convicted of a violation of an order of protection | ||||||
11 | under Section 12-3.4 or 12-30 of the Criminal Code of 1961 or | ||||||
12 | the Criminal Code of 2012, earlier than it otherwise would | ||||||
13 | because of a grant of sentence credit, the Department, as a | ||||||
14 | condition of release, shall require that the person, upon | ||||||
15 | release, be placed under electronic surveillance as provided | ||||||
16 | in Section 5-8A-7 of this Code. | ||||||
17 | (Source: P.A. 102-28, eff. 6-25-21; 102-558, eff. 8-20-21; | ||||||
18 | 102-784, eff. 5-13-22; 102-1100, eff. 1-1-23; 103-51, eff. | ||||||
19 | 1-1-24; 103-154, eff. 6-30-23; 103-330, eff. 1-1-24; revised | ||||||
20 | 12-15-23.)
| ||||||
21 | (730 ILCS 5/3-8-10) (from Ch. 38, par. 1003-8-10) | ||||||
22 | Sec. 3-8-10. Intrastate detainers. Subsections Subsection | ||||||
23 | (b), (c) , and (e) of Section 103-5 of the Code of Criminal | ||||||
24 | Procedure of 1963 shall also apply to persons committed to any | ||||||
25 | institution or facility or program of the Illinois Department |
| |||||||
| |||||||
1 | of Corrections who have untried complaints, charges or | ||||||
2 | indictments pending in any county of this State, and such | ||||||
3 | person shall include in the demand under subsection (b), a | ||||||
4 | statement of the place of present commitment, the term, and | ||||||
5 | length of the remaining term, the charges pending against him | ||||||
6 | or her to be tried and the county of the charges, and the | ||||||
7 | demand shall be addressed to the state's attorney of the | ||||||
8 | county where he or she is charged with a copy to the clerk of | ||||||
9 | that court and a copy to the chief administrative officer of | ||||||
10 | the Department of Corrections institution or facility to which | ||||||
11 | he or she is committed. The state's attorney shall then | ||||||
12 | procure the presence of the defendant for trial in his county | ||||||
13 | by habeas corpus. Additional time may be granted by the court | ||||||
14 | for the process of bringing and serving an order of habeas | ||||||
15 | corpus ad prosequendum. In the event that the person is not | ||||||
16 | brought to trial within the allotted time, then the charge for | ||||||
17 | which he or she has requested a speedy trial shall be | ||||||
18 | dismissed. The provisions of this Section do not apply to | ||||||
19 | persons no longer committed to a facility or program of the | ||||||
20 | Illinois Department of Corrections. A person serving a period | ||||||
21 | of parole or mandatory supervised release under the | ||||||
22 | supervision of the Department of Corrections, for the purpose | ||||||
23 | of this Section, shall not be deemed to be committed to the | ||||||
24 | Department. | ||||||
25 | (Source: P.A. 103-51, eff. 1-1-24; revised 1-2-24.)
|
| |||||||
| |||||||
1 | (730 ILCS 5/5-4-1) (from Ch. 38, par. 1005-4-1) | ||||||
2 | Sec. 5-4-1. Sentencing hearing. | ||||||
3 | (a) After a determination of guilt, a hearing shall be | ||||||
4 | held to impose the sentence. However, prior to the imposition | ||||||
5 | of sentence on an individual being sentenced for an offense | ||||||
6 | based upon a charge for a violation of Section 11-501 of the | ||||||
7 | Illinois Vehicle Code or a similar provision of a local | ||||||
8 | ordinance, the individual must undergo a professional | ||||||
9 | evaluation to determine if an alcohol or other drug abuse | ||||||
10 | problem exists and the extent of such a problem. Programs | ||||||
11 | conducting these evaluations shall be licensed by the | ||||||
12 | Department of Human Services. However, if the individual is | ||||||
13 | not a resident of Illinois, the court may, in its discretion, | ||||||
14 | accept an evaluation from a program in the state of such | ||||||
15 | individual's residence. The court shall make a specific | ||||||
16 | finding about whether the defendant is eligible for | ||||||
17 | participation in a Department impact incarceration program as | ||||||
18 | provided in Section 5-8-1.1 or 5-8-1.3, and if not, provide an | ||||||
19 | explanation as to why a sentence to impact incarceration is | ||||||
20 | not an appropriate sentence. The court may in its sentencing | ||||||
21 | order recommend a defendant for placement in a Department of | ||||||
22 | Corrections substance abuse treatment program as provided in | ||||||
23 | paragraph (a) of subsection (1) of Section 3-2-2 conditioned | ||||||
24 | upon the defendant being accepted in a program by the | ||||||
25 | Department of Corrections. At the hearing the court shall: | ||||||
26 | (1) consider the evidence, if any, received upon the |
| |||||||
| |||||||
1 | trial; | ||||||
2 | (2) consider any presentence reports; | ||||||
3 | (3) consider the financial impact of incarceration | ||||||
4 | based on the financial impact statement filed with the | ||||||
5 | clerk of the court by the Department of Corrections; | ||||||
6 | (4) consider evidence and information offered by the | ||||||
7 | parties in aggravation and mitigation; | ||||||
8 | (4.5) consider substance abuse treatment, eligibility | ||||||
9 | screening, and an assessment, if any, of the defendant by | ||||||
10 | an agent designated by the State of Illinois to provide | ||||||
11 | assessment services for the Illinois courts; | ||||||
12 | (5) hear arguments as to sentencing alternatives; | ||||||
13 | (6) afford the defendant the opportunity to make a | ||||||
14 | statement in his own behalf; | ||||||
15 | (7) afford the victim of a violent crime or a | ||||||
16 | violation of Section 11-501 of the Illinois Vehicle Code, | ||||||
17 | or a similar provision of a local ordinance, the | ||||||
18 | opportunity to present an oral or written statement, as | ||||||
19 | guaranteed by Article I, Section 8.1 of the Illinois | ||||||
20 | Constitution and provided in Section 6 of the Rights of | ||||||
21 | Crime Victims and Witnesses Act. The court shall allow a | ||||||
22 | victim to make an oral statement if the victim is present | ||||||
23 | in the courtroom and requests to make an oral or written | ||||||
24 | statement. An oral or written statement includes the | ||||||
25 | victim or a representative of the victim reading the | ||||||
26 | written statement. The court may allow persons impacted by |
| |||||||
| |||||||
1 | the crime who are not victims under subsection (a) of | ||||||
2 | Section 3 of the Rights of Crime Victims and Witnesses Act | ||||||
3 | to present an oral or written statement. A victim and any | ||||||
4 | person making an oral statement shall not be put under | ||||||
5 | oath or subject to cross-examination. All statements | ||||||
6 | offered under this paragraph (7) shall become part of the | ||||||
7 | record of the court. In this paragraph (7), "victim of a | ||||||
8 | violent crime" means a person who is a victim of a violent | ||||||
9 | crime for which the defendant has been convicted after a | ||||||
10 | bench or jury trial or a person who is the victim of a | ||||||
11 | violent crime with which the defendant was charged and the | ||||||
12 | defendant has been convicted under a plea agreement of a | ||||||
13 | crime that is not a violent crime as defined in subsection | ||||||
14 | (c) of 3 of the Rights of Crime Victims and Witnesses Act; | ||||||
15 | (7.5) afford a qualified person affected by: (i) a | ||||||
16 | violation of Section 405, 405.1, 405.2, or 407 of the | ||||||
17 | Illinois Controlled Substances Act or a violation of | ||||||
18 | Section 55 or Section 65 of the Methamphetamine Control | ||||||
19 | and Community Protection Act; or (ii) a Class 4 felony | ||||||
20 | violation of Section 11-14, 11-14.3 except as described in | ||||||
21 | subdivisions (a)(2)(A) and (a)(2)(B), 11-15, 11-17, 11-18, | ||||||
22 | 11-18.1, or 11-19 of the Criminal Code of 1961 or the | ||||||
23 | Criminal Code of 2012, committed by the defendant the | ||||||
24 | opportunity to make a statement concerning the impact on | ||||||
25 | the qualified person and to offer evidence in aggravation | ||||||
26 | or mitigation; provided that the statement and evidence |
| |||||||
| |||||||
1 | offered in aggravation or mitigation shall first be | ||||||
2 | prepared in writing in conjunction with the State's | ||||||
3 | Attorney before it may be presented orally at the hearing. | ||||||
4 | Sworn testimony offered by the qualified person is subject | ||||||
5 | to the defendant's right to cross-examine. All statements | ||||||
6 | and evidence offered under this paragraph (7.5) shall | ||||||
7 | become part of the record of the court. In this paragraph | ||||||
8 | (7.5), "qualified person" means any person who: (i) lived | ||||||
9 | or worked within the territorial jurisdiction where the | ||||||
10 | offense took place when the offense took place; or (ii) is | ||||||
11 | familiar with various public places within the territorial | ||||||
12 | jurisdiction where the offense took place when the offense | ||||||
13 | took place. "Qualified person" includes any peace officer | ||||||
14 | or any member of any duly organized State, county, or | ||||||
15 | municipal peace officer unit assigned to the territorial | ||||||
16 | jurisdiction where the offense took place when the offense | ||||||
17 | took place; | ||||||
18 | (8) in cases of reckless homicide afford the victim's | ||||||
19 | spouse, guardians, parents or other immediate family | ||||||
20 | members an opportunity to make oral statements; | ||||||
21 | (9) in cases involving a felony sex offense as defined | ||||||
22 | under the Sex Offender Management Board Act, consider the | ||||||
23 | results of the sex offender evaluation conducted pursuant | ||||||
24 | to Section 5-3-2 of this Act; and | ||||||
25 | (10) make a finding of whether a motor vehicle was | ||||||
26 | used in the commission of the offense for which the |
| |||||||
| |||||||
1 | defendant is being sentenced. | ||||||
2 | (b) All sentences shall be imposed by the judge based upon | ||||||
3 | his independent assessment of the elements specified above and | ||||||
4 | any agreement as to sentence reached by the parties. The judge | ||||||
5 | who presided at the trial or the judge who accepted the plea of | ||||||
6 | guilty shall impose the sentence unless he is no longer | ||||||
7 | sitting as a judge in that court. Where the judge does not | ||||||
8 | impose sentence at the same time on all defendants who are | ||||||
9 | convicted as a result of being involved in the same offense, | ||||||
10 | the defendant or the State's Attorney may advise the | ||||||
11 | sentencing court of the disposition of any other defendants | ||||||
12 | who have been sentenced. | ||||||
13 | (b-1) In imposing a sentence of imprisonment or periodic | ||||||
14 | imprisonment for a Class 3 or Class 4 felony for which a | ||||||
15 | sentence of probation or conditional discharge is an available | ||||||
16 | sentence, if the defendant has no prior sentence of probation | ||||||
17 | or conditional discharge and no prior conviction for a violent | ||||||
18 | crime, the defendant shall not be sentenced to imprisonment | ||||||
19 | before review and consideration of a presentence report and | ||||||
20 | determination and explanation of why the particular evidence, | ||||||
21 | information, factor in aggravation, factual finding, or other | ||||||
22 | reasons support a sentencing determination that one or more of | ||||||
23 | the factors under subsection (a) of Section 5-6-1 of this Code | ||||||
24 | apply and that probation or conditional discharge is not an | ||||||
25 | appropriate sentence. | ||||||
26 | (c) In imposing a sentence for a violent crime or for an |
| |||||||
| |||||||
1 | offense of operating or being in physical control of a vehicle | ||||||
2 | while under the influence of alcohol, any other drug or any | ||||||
3 | combination thereof, or a similar provision of a local | ||||||
4 | ordinance, when such offense resulted in the personal injury | ||||||
5 | to someone other than the defendant, the trial judge shall | ||||||
6 | specify on the record the particular evidence, information, | ||||||
7 | factors in mitigation and aggravation or other reasons that | ||||||
8 | led to his sentencing determination. The full verbatim record | ||||||
9 | of the sentencing hearing shall be filed with the clerk of the | ||||||
10 | court and shall be a public record. | ||||||
11 | (c-1) In imposing a sentence for the offense of aggravated | ||||||
12 | kidnapping for ransom, home invasion, armed robbery, | ||||||
13 | aggravated vehicular hijacking, aggravated discharge of a | ||||||
14 | firearm, or armed violence with a category I weapon or | ||||||
15 | category II weapon, the trial judge shall make a finding as to | ||||||
16 | whether the conduct leading to conviction for the offense | ||||||
17 | resulted in great bodily harm to a victim, and shall enter that | ||||||
18 | finding and the basis for that finding in the record. | ||||||
19 | (c-1.5) Notwithstanding any other provision of law to the | ||||||
20 | contrary, in imposing a sentence for an offense that requires | ||||||
21 | a mandatory minimum sentence of imprisonment, the court may | ||||||
22 | instead sentence the offender to probation, conditional | ||||||
23 | discharge, or a lesser term of imprisonment it deems | ||||||
24 | appropriate if: (1) the offense involves the use or possession | ||||||
25 | of drugs, retail theft, or driving on a revoked license due to | ||||||
26 | unpaid financial obligations; (2) the court finds that the |
| |||||||
| |||||||
1 | defendant does not pose a risk to public safety; and (3) the | ||||||
2 | interest of justice requires imposing a term of probation, | ||||||
3 | conditional discharge, or a lesser term of imprisonment. The | ||||||
4 | court must state on the record its reasons for imposing | ||||||
5 | probation, conditional discharge, or a lesser term of | ||||||
6 | imprisonment. | ||||||
7 | (c-2) If the defendant is sentenced to prison, other than | ||||||
8 | when a sentence of natural life imprisonment is imposed, at | ||||||
9 | the time the sentence is imposed the judge shall state on the | ||||||
10 | record in open court the approximate period of time the | ||||||
11 | defendant will serve in custody according to the then current | ||||||
12 | statutory rules and regulations for sentence credit found in | ||||||
13 | Section 3-6-3 and other related provisions of this Code. This | ||||||
14 | statement is intended solely to inform the public, has no | ||||||
15 | legal effect on the defendant's actual release, and may not be | ||||||
16 | relied on by the defendant on appeal. | ||||||
17 | The judge's statement, to be given after pronouncing the | ||||||
18 | sentence, other than when the sentence is imposed for one of | ||||||
19 | the offenses enumerated in paragraph (a)(4) of Section 3-6-3, | ||||||
20 | shall include the following: | ||||||
21 | "The purpose of this statement is to inform the public of | ||||||
22 | the actual period of time this defendant is likely to spend in | ||||||
23 | prison as a result of this sentence. The actual period of | ||||||
24 | prison time served is determined by the statutes of Illinois | ||||||
25 | as applied to this sentence by the Illinois Department of | ||||||
26 | Corrections and the Illinois Prisoner Review Board. In this |
| |||||||
| |||||||
1 | case, assuming the defendant receives all of his or her | ||||||
2 | sentence credit, the period of estimated actual custody is ... | ||||||
3 | years and ... months, less up to 180 days additional earned | ||||||
4 | sentence credit. If the defendant, because of his or her own | ||||||
5 | misconduct or failure to comply with the institutional | ||||||
6 | regulations, does not receive those credits, the actual time | ||||||
7 | served in prison will be longer. The defendant may also | ||||||
8 | receive an additional one-half day sentence credit for each | ||||||
9 | day of participation in vocational, industry, substance abuse, | ||||||
10 | and educational programs as provided for by Illinois statute." | ||||||
11 | When the sentence is imposed for one of the offenses | ||||||
12 | enumerated in paragraph (a)(2) of Section 3-6-3, other than | ||||||
13 | first degree murder, and the offense was committed on or after | ||||||
14 | June 19, 1998, and when the sentence is imposed for reckless | ||||||
15 | homicide as defined in subsection (e) of Section 9-3 of the | ||||||
16 | Criminal Code of 1961 or the Criminal Code of 2012 if the | ||||||
17 | offense was committed on or after January 1, 1999, and when the | ||||||
18 | sentence is imposed for aggravated driving under the influence | ||||||
19 | of alcohol, other drug or drugs, or intoxicating compound or | ||||||
20 | compounds, or any combination thereof as defined in | ||||||
21 | subparagraph (F) of paragraph (1) of subsection (d) of Section | ||||||
22 | 11-501 of the Illinois Vehicle Code, and when the sentence is | ||||||
23 | imposed for aggravated arson if the offense was committed on | ||||||
24 | or after July 27, 2001 (the effective date of Public Act | ||||||
25 | 92-176), and when the sentence is imposed for aggravated | ||||||
26 | driving under the influence of alcohol, other drug or drugs, |
| |||||||
| |||||||
1 | or intoxicating compound or compounds, or any combination | ||||||
2 | thereof as defined in subparagraph (C) of paragraph (1) of | ||||||
3 | subsection (d) of Section 11-501 of the Illinois Vehicle Code | ||||||
4 | committed on or after January 1, 2011 (the effective date of | ||||||
5 | Public Act 96-1230), the judge's statement, to be given after | ||||||
6 | pronouncing the sentence, shall include the following: | ||||||
7 | "The purpose of this statement is to inform the public of | ||||||
8 | the actual period of time this defendant is likely to spend in | ||||||
9 | prison as a result of this sentence. The actual period of | ||||||
10 | prison time served is determined by the statutes of Illinois | ||||||
11 | as applied to this sentence by the Illinois Department of | ||||||
12 | Corrections and the Illinois Prisoner Review Board. In this | ||||||
13 | case, the defendant is entitled to no more than 4 1/2 days of | ||||||
14 | sentence credit for each month of his or her sentence of | ||||||
15 | imprisonment. Therefore, this defendant will serve at least | ||||||
16 | 85% of his or her sentence. Assuming the defendant receives 4 | ||||||
17 | 1/2 days credit for each month of his or her sentence, the | ||||||
18 | period of estimated actual custody is ... years and ... | ||||||
19 | months. If the defendant, because of his or her own misconduct | ||||||
20 | or failure to comply with the institutional regulations | ||||||
21 | receives lesser credit, the actual time served in prison will | ||||||
22 | be longer." | ||||||
23 | When a sentence of imprisonment is imposed for first | ||||||
24 | degree murder and the offense was committed on or after June | ||||||
25 | 19, 1998, the judge's statement, to be given after pronouncing | ||||||
26 | the sentence, shall include the following: |
| |||||||
| |||||||
1 | "The purpose of this statement is to inform the public of | ||||||
2 | the actual period of time this defendant is likely to spend in | ||||||
3 | prison as a result of this sentence. The actual period of | ||||||
4 | prison time served is determined by the statutes of Illinois | ||||||
5 | as applied to this sentence by the Illinois Department of | ||||||
6 | Corrections and the Illinois Prisoner Review Board. In this | ||||||
7 | case, the defendant is not entitled to sentence credit. | ||||||
8 | Therefore, this defendant will serve 100% of his or her | ||||||
9 | sentence." | ||||||
10 | When the sentencing order recommends placement in a | ||||||
11 | substance abuse program for any offense that results in | ||||||
12 | incarceration in a Department of Corrections facility and the | ||||||
13 | crime was committed on or after September 1, 2003 (the | ||||||
14 | effective date of Public Act 93-354), the judge's statement, | ||||||
15 | in addition to any other judge's statement required under this | ||||||
16 | Section, to be given after pronouncing the sentence, shall | ||||||
17 | include the following: | ||||||
18 | "The purpose of this statement is to inform the public of | ||||||
19 | the actual period of time this defendant is likely to spend in | ||||||
20 | prison as a result of this sentence. The actual period of | ||||||
21 | prison time served is determined by the statutes of Illinois | ||||||
22 | as applied to this sentence by the Illinois Department of | ||||||
23 | Corrections and the Illinois Prisoner Review Board. In this | ||||||
24 | case, the defendant shall receive no earned sentence credit | ||||||
25 | under clause (3) of subsection (a) of Section 3-6-3 until he or | ||||||
26 | she participates in and completes a substance abuse treatment |
| |||||||
| |||||||
1 | program or receives a waiver from the Director of Corrections | ||||||
2 | pursuant to clause (4.5) of subsection (a) of Section 3-6-3." | ||||||
3 | (c-4) Before the sentencing hearing and as part of the | ||||||
4 | presentence investigation under Section 5-3-1, the court shall | ||||||
5 | inquire of the defendant whether the defendant is currently | ||||||
6 | serving in or is a veteran of the Armed Forces of the United | ||||||
7 | States. If the defendant is currently serving in the Armed | ||||||
8 | Forces of the United States or is a veteran of the Armed Forces | ||||||
9 | of the United States and has been diagnosed as having a mental | ||||||
10 | illness by a qualified psychiatrist or clinical psychologist | ||||||
11 | or physician, the court may: | ||||||
12 | (1) order that the officer preparing the presentence | ||||||
13 | report consult with the United States Department of | ||||||
14 | Veterans Affairs, Illinois Department of Veterans' | ||||||
15 | Affairs, or another agency or person with suitable | ||||||
16 | knowledge or experience for the purpose of providing the | ||||||
17 | court with information regarding treatment options | ||||||
18 | available to the defendant, including federal, State, and | ||||||
19 | local programming; and | ||||||
20 | (2) consider the treatment recommendations of any | ||||||
21 | diagnosing or treating mental health professionals | ||||||
22 | together with the treatment options available to the | ||||||
23 | defendant in imposing sentence. | ||||||
24 | For the purposes of this subsection (c-4), "qualified | ||||||
25 | psychiatrist" means a reputable physician licensed in Illinois | ||||||
26 | to practice medicine in all its branches, who has specialized |
| |||||||
| |||||||
1 | in the diagnosis and treatment of mental and nervous disorders | ||||||
2 | for a period of not less than 5 years. | ||||||
3 | (c-6) In imposing a sentence, the trial judge shall | ||||||
4 | specify, on the record, the particular evidence and other | ||||||
5 | reasons which led to his or her determination that a motor | ||||||
6 | vehicle was used in the commission of the offense. | ||||||
7 | (c-7) In imposing a sentence for a Class 3 or 4 felony, | ||||||
8 | other than a violent crime as defined in Section 3 of the | ||||||
9 | Rights of Crime Victims and Witnesses Act, the court shall | ||||||
10 | determine and indicate in the sentencing order whether the | ||||||
11 | defendant has 4 or more or fewer than 4 months remaining on his | ||||||
12 | or her sentence accounting for time served. | ||||||
13 | (d) When the defendant is committed to the Department of | ||||||
14 | Corrections, the State's Attorney shall and counsel for the | ||||||
15 | defendant may file a statement with the clerk of the court to | ||||||
16 | be transmitted to the department, agency or institution to | ||||||
17 | which the defendant is committed to furnish such department, | ||||||
18 | agency or institution with the facts and circumstances of the | ||||||
19 | offense for which the person was committed together with all | ||||||
20 | other factual information accessible to them in regard to the | ||||||
21 | person prior to his commitment relative to his habits, | ||||||
22 | associates, disposition and reputation and any other facts and | ||||||
23 | circumstances which may aid such department, agency or | ||||||
24 | institution during its custody of such person. The clerk shall | ||||||
25 | within 10 days after receiving any such statements transmit a | ||||||
26 | copy to such department, agency or institution and a copy to |
| |||||||
| |||||||
1 | the other party, provided, however, that this shall not be | ||||||
2 | cause for delay in conveying the person to the department, | ||||||
3 | agency or institution to which he has been committed. | ||||||
4 | (e) The clerk of the court shall transmit to the | ||||||
5 | department, agency or institution, if any, to which the | ||||||
6 | defendant is committed, the following: | ||||||
7 | (1) the sentence imposed; | ||||||
8 | (2) any statement by the court of the basis for | ||||||
9 | imposing the sentence; | ||||||
10 | (3) any presentence reports; | ||||||
11 | (3.3) the person's last known complete street address | ||||||
12 | prior to incarceration or legal residence, the person's | ||||||
13 | race, whether the person is of Hispanic or Latino origin, | ||||||
14 | and whether the person is 18 years of age or older; | ||||||
15 | (3.5) any sex offender evaluations; | ||||||
16 | (3.6) any substance abuse treatment eligibility | ||||||
17 | screening and assessment of the defendant by an agent | ||||||
18 | designated by the State of Illinois to provide assessment | ||||||
19 | services for the Illinois courts; | ||||||
20 | (4) the number of days, if any, which the defendant | ||||||
21 | has been in custody and for which he is entitled to credit | ||||||
22 | against the sentence, which information shall be provided | ||||||
23 | to the clerk by the sheriff; | ||||||
24 | (4.1) any finding of great bodily harm made by the | ||||||
25 | court with respect to an offense enumerated in subsection | ||||||
26 | (c-1); |
| |||||||
| |||||||
1 | (5) all statements filed under subsection (d) of this | ||||||
2 | Section; | ||||||
3 | (6) any medical or mental health records or summaries | ||||||
4 | of the defendant; | ||||||
5 | (7) the municipality where the arrest of the offender | ||||||
6 | or the commission of the offense has occurred, where such | ||||||
7 | municipality has a population of more than 25,000 persons; | ||||||
8 | (8) all statements made and evidence offered under | ||||||
9 | paragraph (7) of subsection (a) of this Section; and | ||||||
10 | (9) all additional matters which the court directs the | ||||||
11 | clerk to transmit. | ||||||
12 | (f) In cases in which the court finds that a motor vehicle | ||||||
13 | was used in the commission of the offense for which the | ||||||
14 | defendant is being sentenced, the clerk of the court shall, | ||||||
15 | within 5 days thereafter, forward a report of such conviction | ||||||
16 | to the Secretary of State. | ||||||
17 | (Source: P.A. 102-813, eff. 5-13-22; 103-18, eff. 1-1-24; | ||||||
18 | 103-51, eff. 1-1-24; revised 12-15-23.)
| ||||||
19 | (730 ILCS 5/5-4-3) (from Ch. 38, par. 1005-4-3) | ||||||
20 | Sec. 5-4-3. Specimens; genetic marker groups. | ||||||
21 | (a) Any person convicted of, found guilty under the | ||||||
22 | Juvenile Court Act of 1987 for, or who received a disposition | ||||||
23 | of court supervision for , a qualifying offense or attempt of a | ||||||
24 | qualifying offense, convicted or found guilty of any offense | ||||||
25 | classified as a felony under Illinois law, convicted or found |
| |||||||
| |||||||
1 | guilty of any offense requiring registration under the Sex | ||||||
2 | Offender Registration Act, found guilty or given supervision | ||||||
3 | for any offense classified as a felony under the Juvenile | ||||||
4 | Court Act of 1987, convicted or found guilty of, under the | ||||||
5 | Juvenile Court Act of 1987, any offense requiring registration | ||||||
6 | under the Sex Offender Registration Act, or institutionalized | ||||||
7 | as a sexually dangerous person under the Sexually Dangerous | ||||||
8 | Persons Act, or committed as a sexually violent person under | ||||||
9 | the Sexually Violent Persons Commitment Act shall, regardless | ||||||
10 | of the sentence or disposition imposed, be required to submit | ||||||
11 | specimens of blood, saliva, or tissue to the Illinois State | ||||||
12 | Police in accordance with the provisions of this Section, | ||||||
13 | provided such person is: | ||||||
14 | (1) convicted of a qualifying offense or attempt of a | ||||||
15 | qualifying offense on or after July 1, 1990 and sentenced | ||||||
16 | to a term of imprisonment, periodic imprisonment, fine, | ||||||
17 | probation, conditional discharge or any other form of | ||||||
18 | sentence, or given a disposition of court supervision for | ||||||
19 | the offense; | ||||||
20 | (1.5) found guilty or given supervision under the | ||||||
21 | Juvenile Court Act of 1987 for a qualifying offense or | ||||||
22 | attempt of a qualifying offense on or after January 1, | ||||||
23 | 1997; | ||||||
24 | (2) ordered institutionalized as a sexually dangerous | ||||||
25 | person on or after July 1, 1990; | ||||||
26 | (3) convicted of a qualifying offense or attempt of a |
| |||||||
| |||||||
1 | qualifying offense before July 1, 1990 and is presently | ||||||
2 | confined as a result of such conviction in any State | ||||||
3 | correctional facility or county jail or is presently | ||||||
4 | serving a sentence of probation, conditional discharge or | ||||||
5 | periodic imprisonment as a result of such conviction; | ||||||
6 | (3.5) convicted or found guilty of any offense | ||||||
7 | classified as a felony under Illinois law or found guilty | ||||||
8 | or given supervision for such an offense under the | ||||||
9 | Juvenile Court Act of 1987 on or after August 22, 2002; | ||||||
10 | (4) presently institutionalized as a sexually | ||||||
11 | dangerous person or presently institutionalized as a | ||||||
12 | person found guilty but mentally ill of a sexual offense | ||||||
13 | or attempt to commit a sexual offense; or | ||||||
14 | (4.5) ordered committed as a sexually violent person | ||||||
15 | on or after January 1, 1998 ( the effective date of the | ||||||
16 | Sexually Violent Persons Commitment Act ) . | ||||||
17 | (a-1) Any person incarcerated in a facility of the | ||||||
18 | Illinois Department of Corrections or the Illinois Department | ||||||
19 | of Juvenile Justice on or after August 22, 2002, whether for a | ||||||
20 | term of years or natural life, who has not yet submitted a | ||||||
21 | specimen of blood, saliva, or tissue shall be required to | ||||||
22 | submit a specimen of blood, saliva, or tissue prior to his or | ||||||
23 | her final discharge, or release on parole, aftercare release, | ||||||
24 | or mandatory supervised release, as a condition of his or her | ||||||
25 | parole, aftercare release, or mandatory supervised release, or | ||||||
26 | within 6 months from August 13, 2009 (the effective date of |
| |||||||
| |||||||
1 | Public Act 96-426), whichever is sooner. A person incarcerated | ||||||
2 | on or after August 13, 2009 (the effective date of Public Act | ||||||
3 | 96-426) shall be required to submit a specimen within 45 days | ||||||
4 | of incarceration, or prior to his or her final discharge, or | ||||||
5 | release on parole, aftercare release, or mandatory supervised | ||||||
6 | release, as a condition of his or her parole, aftercare | ||||||
7 | release, or mandatory supervised release, whichever is sooner. | ||||||
8 | These specimens shall be placed into the State or national DNA | ||||||
9 | database, to be used in accordance with other provisions of | ||||||
10 | this Section, by the Illinois State Police. | ||||||
11 | (a-2) Any person sentenced to life imprisonment in a | ||||||
12 | facility of the Illinois Department of Corrections after June | ||||||
13 | 13, 2005 ( the effective date of Public Act 94-16) this | ||||||
14 | amendatory Act of the 94th General Assembly shall be required | ||||||
15 | to provide a specimen of blood, saliva, or tissue within 45 | ||||||
16 | days after sentencing or disposition at a collection site | ||||||
17 | designated by the Illinois State Police. Any person serving a | ||||||
18 | sentence of life imprisonment in a facility of the Illinois | ||||||
19 | Department of Corrections on June 13, 2005 ( the effective date | ||||||
20 | of Public Act 94-16) this amendatory Act of the 94th General | ||||||
21 | Assembly or any person who is under a sentence of death on June | ||||||
22 | 13, 2005 ( the effective date of Public Act 94-16) this | ||||||
23 | amendatory Act of the 94th General Assembly shall be required | ||||||
24 | to provide a specimen of blood, saliva, or tissue upon request | ||||||
25 | at a collection site designated by the Illinois State Police. | ||||||
26 | (a-3) Any person seeking transfer to or residency in |
| |||||||
| |||||||
1 | Illinois under Sections 3-3-11.05 through 3-3-11.5 of this | ||||||
2 | Code, the Interstate Compact for Adult Offender Supervision, | ||||||
3 | or the Interstate Agreements on Sexually Dangerous Persons Act | ||||||
4 | shall be required to provide a specimen of blood, saliva, or | ||||||
5 | tissue within 45 days after transfer to or residency in | ||||||
6 | Illinois at a collection site designated by the Illinois State | ||||||
7 | Police. | ||||||
8 | (a-3.1) Any person required by an order of the court to | ||||||
9 | submit a DNA specimen shall be required to provide a specimen | ||||||
10 | of blood, saliva, or tissue within 45 days after the court | ||||||
11 | order at a collection site designated by the Illinois State | ||||||
12 | Police. | ||||||
13 | (a-3.2) On or after January 1, 2012 (the effective date of | ||||||
14 | Public Act 97-383), any person arrested for any of the | ||||||
15 | following offenses, after an indictment has been returned by a | ||||||
16 | grand jury, or following a hearing pursuant to Section 109-3 | ||||||
17 | of the Code of Criminal Procedure of 1963 and a judge finds | ||||||
18 | there is probable cause to believe the arrestee has committed | ||||||
19 | one of the designated offenses, or an arrestee has waived a | ||||||
20 | preliminary hearing shall be required to provide a specimen of | ||||||
21 | blood, saliva, or tissue within 14 days after such indictment | ||||||
22 | or hearing at a collection site designated by the Illinois | ||||||
23 | State Police: | ||||||
24 | (A) first degree murder; | ||||||
25 | (B) home invasion; | ||||||
26 | (C) predatory criminal sexual assault of a child; |
| |||||||
| |||||||
1 | (D) aggravated criminal sexual assault; or | ||||||
2 | (E) criminal sexual assault. | ||||||
3 | (a-3.3) Any person required to register as a sex offender | ||||||
4 | under the Sex Offender Registration Act, regardless of the | ||||||
5 | date of conviction as set forth in subsection (c-5.2) shall be | ||||||
6 | required to provide a specimen of blood, saliva, or tissue | ||||||
7 | within the time period prescribed in subsection (c-5.2) at a | ||||||
8 | collection site designated by the Illinois State Police. | ||||||
9 | (a-5) Any person who was otherwise convicted of or | ||||||
10 | received a disposition of court supervision for any other | ||||||
11 | offense under the Criminal Code of 1961 or the Criminal Code of | ||||||
12 | 2012 or who was found guilty or given supervision for such a | ||||||
13 | violation under the Juvenile Court Act of 1987, may, | ||||||
14 | regardless of the sentence imposed, be required by an order of | ||||||
15 | the court to submit specimens of blood, saliva, or tissue to | ||||||
16 | the Illinois State Police in accordance with the provisions of | ||||||
17 | this Section. | ||||||
18 | (b) Any person required by paragraphs (a)(1), (a)(1.5), | ||||||
19 | (a)(2), (a)(3.5), and (a-5) to provide specimens of blood, | ||||||
20 | saliva, or tissue shall provide specimens of blood, saliva, or | ||||||
21 | tissue within 45 days after sentencing or disposition at a | ||||||
22 | collection site designated by the Illinois State Police. | ||||||
23 | (c) Any person required by paragraphs (a)(3), (a)(4), and | ||||||
24 | (a)(4.5) to provide specimens of blood, saliva, or tissue | ||||||
25 | shall be required to provide such specimens prior to final | ||||||
26 | discharge or within 6 months from August 13, 2009 (the |
| |||||||
| |||||||
1 | effective date of Public Act 96-426), whichever is sooner. | ||||||
2 | These specimens shall be placed into the State or national DNA | ||||||
3 | database, to be used in accordance with other provisions of | ||||||
4 | this Act, by the Illinois State Police. | ||||||
5 | (c-5) Any person required by paragraph (a-3) to provide | ||||||
6 | specimens of blood, saliva, or tissue shall, where feasible, | ||||||
7 | be required to provide the specimens before being accepted for | ||||||
8 | conditioned residency in Illinois under the interstate compact | ||||||
9 | or agreement, but no later than 45 days after arrival in this | ||||||
10 | State. | ||||||
11 | (c-5.2) Unless it is determined that a registered sex | ||||||
12 | offender has previously submitted a specimen of blood, saliva, | ||||||
13 | or tissue that has been placed into the State DNA database, a | ||||||
14 | person registering as a sex offender shall be required to | ||||||
15 | submit a specimen at the time of his or her initial | ||||||
16 | registration pursuant to the Sex Offender Registration Act or, | ||||||
17 | for a person registered as a sex offender on or prior to | ||||||
18 | January 1, 2012 (the effective date of Public Act 97-383), | ||||||
19 | within one year of January 1, 2012 (the effective date of | ||||||
20 | Public Act 97-383) or at the time of his or her next required | ||||||
21 | registration. | ||||||
22 | (c-6) The Illinois State Police may determine which type | ||||||
23 | of specimen or specimens, blood, saliva, or tissue, is | ||||||
24 | acceptable for submission to the Division of Forensic Services | ||||||
25 | for analysis. The Illinois State Police may require the | ||||||
26 | submission of fingerprints from anyone required to give a |
| |||||||
| |||||||
1 | specimen under this Act. | ||||||
2 | (d) The Illinois State Police shall provide all equipment | ||||||
3 | and instructions necessary for the collection of blood | ||||||
4 | specimens. The collection of specimens shall be performed in a | ||||||
5 | medically approved manner. Only a physician authorized to | ||||||
6 | practice medicine, a registered nurse or other qualified | ||||||
7 | person trained in venipuncture may withdraw blood for the | ||||||
8 | purposes of this Act. The specimens shall thereafter be | ||||||
9 | forwarded to the Illinois State Police, Division of Forensic | ||||||
10 | Services, for analysis and categorizing into genetic marker | ||||||
11 | groupings. | ||||||
12 | (d-1) The Illinois State Police shall provide all | ||||||
13 | equipment and instructions necessary for the collection of | ||||||
14 | saliva specimens. The collection of saliva specimens shall be | ||||||
15 | performed in a medically approved manner. Only a person | ||||||
16 | trained in the instructions promulgated by the Illinois State | ||||||
17 | Police on collecting saliva may collect saliva for the | ||||||
18 | purposes of this Section. The specimens shall thereafter be | ||||||
19 | forwarded to the Illinois State Police, Division of Forensic | ||||||
20 | Services, for analysis and categorizing into genetic marker | ||||||
21 | groupings. | ||||||
22 | (d-2) The Illinois State Police shall provide all | ||||||
23 | equipment and instructions necessary for the collection of | ||||||
24 | tissue specimens. The collection of tissue specimens shall be | ||||||
25 | performed in a medically approved manner. Only a person | ||||||
26 | trained in the instructions promulgated by the Illinois State |
| |||||||
| |||||||
1 | Police on collecting tissue may collect tissue for the | ||||||
2 | purposes of this Section. The specimens shall thereafter be | ||||||
3 | forwarded to the Illinois State Police, Division of Forensic | ||||||
4 | Services, for analysis and categorizing into genetic marker | ||||||
5 | groupings. | ||||||
6 | (d-5) To the extent that funds are available, the Illinois | ||||||
7 | State Police shall contract with qualified personnel and | ||||||
8 | certified laboratories for the collection, analysis, and | ||||||
9 | categorization of known specimens, except as provided in | ||||||
10 | subsection (n) of this Section. | ||||||
11 | (d-6) Agencies designated by the Illinois State Police and | ||||||
12 | the Illinois State Police may contract with third parties to | ||||||
13 | provide for the collection or analysis of DNA, or both, of an | ||||||
14 | offender's blood, saliva, and tissue specimens, except as | ||||||
15 | provided in subsection (n) of this Section. | ||||||
16 | (e) The genetic marker groupings shall be maintained by | ||||||
17 | the Illinois State Police, Division of Forensic Services. | ||||||
18 | (f) The genetic marker grouping analysis information | ||||||
19 | obtained pursuant to this Act shall be confidential and shall | ||||||
20 | be released only to peace officers of the United States, of | ||||||
21 | other states or territories, of the insular possessions of the | ||||||
22 | United States, of foreign countries duly authorized to receive | ||||||
23 | the same, to all peace officers of the State of Illinois and to | ||||||
24 | all prosecutorial agencies, and to defense counsel as provided | ||||||
25 | by Section 116-5 of the Code of Criminal Procedure of 1963. The | ||||||
26 | genetic marker grouping analysis information obtained pursuant |
| |||||||
| |||||||
1 | to this Act shall be used only for (i) valid law enforcement | ||||||
2 | identification purposes and as required by the Federal Bureau | ||||||
3 | of Investigation for participation in the National DNA | ||||||
4 | database, (ii) technology validation purposes, (iii) a | ||||||
5 | population statistics database, (iv) quality assurance | ||||||
6 | purposes if personally identifying information is removed, (v) | ||||||
7 | assisting in the defense of the criminally accused pursuant to | ||||||
8 | Section 116-5 of the Code of Criminal Procedure of 1963, or | ||||||
9 | (vi) identifying and assisting in the prosecution of a person | ||||||
10 | who is suspected of committing a sexual assault as defined in | ||||||
11 | Section 1a of the Sexual Assault Survivors Emergency Treatment | ||||||
12 | Act. Notwithstanding any other statutory provision to the | ||||||
13 | contrary, all information obtained under this Section shall be | ||||||
14 | maintained in a single State data base, which may be uploaded | ||||||
15 | into a national database, and which information may be subject | ||||||
16 | to expungement only as set forth in subsection (f-1). | ||||||
17 | (f-1) Upon receipt of notification of a reversal of a | ||||||
18 | conviction based on actual innocence, or of the granting of a | ||||||
19 | pardon pursuant to Section 12 of Article V of the Illinois | ||||||
20 | Constitution, if that pardon document specifically states that | ||||||
21 | the reason for the pardon is the actual innocence of an | ||||||
22 | individual whose DNA record has been stored in the State or | ||||||
23 | national DNA identification index in accordance with this | ||||||
24 | Section by the Illinois State Police, the DNA record shall be | ||||||
25 | expunged from the DNA identification index, and the Department | ||||||
26 | shall by rule prescribe procedures to ensure that the record |
| |||||||
| |||||||
1 | and any specimens, analyses, or other documents relating to | ||||||
2 | such record, whether in the possession of the Department or | ||||||
3 | any law enforcement or police agency, or any forensic DNA | ||||||
4 | laboratory, including any duplicates or copies thereof, are | ||||||
5 | destroyed and a letter is sent to the court verifying the | ||||||
6 | expungement is completed. For specimens required to be | ||||||
7 | collected prior to conviction, unless the individual has other | ||||||
8 | charges or convictions that require submission of a specimen, | ||||||
9 | the DNA record for an individual shall be expunged from the DNA | ||||||
10 | identification databases and the specimen destroyed upon | ||||||
11 | receipt of a certified copy of a final court order for each | ||||||
12 | charge against an individual in which the charge has been | ||||||
13 | dismissed, resulted in acquittal, or that the charge was not | ||||||
14 | filed within the applicable time period. The Department shall | ||||||
15 | by rule prescribe procedures to ensure that the record and any | ||||||
16 | specimens in the possession or control of the Department are | ||||||
17 | destroyed and a letter is sent to the court verifying the | ||||||
18 | expungement is completed. | ||||||
19 | (f-5) Any person who intentionally uses genetic marker | ||||||
20 | grouping analysis information, or any other information | ||||||
21 | derived from a DNA specimen, beyond the authorized uses as | ||||||
22 | provided under this Section, or any other Illinois law, is | ||||||
23 | guilty of a Class 4 felony , and shall be subject to a fine of | ||||||
24 | not less than $5,000. | ||||||
25 | (f-6) The Illinois State Police may contract with third | ||||||
26 | parties for the purposes of implementing Public Act 93-216 |
| |||||||
| |||||||
1 | this amendatory Act of the 93rd General Assembly , except as | ||||||
2 | provided in subsection (n) of this Section. Any other party | ||||||
3 | contracting to carry out the functions of this Section shall | ||||||
4 | be subject to the same restrictions and requirements of this | ||||||
5 | Section insofar as applicable, as the Illinois State Police, | ||||||
6 | and to any additional restrictions imposed by the Illinois | ||||||
7 | State Police. | ||||||
8 | (g) For the purposes of this Section, "qualifying offense" | ||||||
9 | means any of the following: | ||||||
10 | (1) any violation or inchoate violation of Section | ||||||
11 | 11-1.50, 11-1.60, 11-6, 11-9.1, 11-11, 11-18.1, 12-15, or | ||||||
12 | 12-16 of the Criminal Code of 1961 or the Criminal Code of | ||||||
13 | 2012; | ||||||
14 | (1.1) any violation or inchoate violation of Section | ||||||
15 | 9-1, 9-2, 10-1, 10-2, 12-11, 12-11.1, 18-1, 18-2, 18-3, | ||||||
16 | 18-4, 18-6, 19-1, 19-2, or 19-6 of the Criminal Code of | ||||||
17 | 1961 or the Criminal Code of 2012 for which persons are | ||||||
18 | convicted on or after July 1, 2001; | ||||||
19 | (2) any former statute of this State which defined a | ||||||
20 | felony sexual offense; | ||||||
21 | (3) (blank); | ||||||
22 | (4) any inchoate violation of Section 9-3.1, 9-3.4, | ||||||
23 | 11-9.3, 12-7.3, or 12-7.4 of the Criminal Code of 1961 or | ||||||
24 | the Criminal Code of 2012; or | ||||||
25 | (5) any violation or inchoate violation of Article 29D | ||||||
26 | of the Criminal Code of 1961 or the Criminal Code of 2012. |
| |||||||
| |||||||
1 | (g-5) (Blank). | ||||||
2 | (h) The Illinois State Police shall be the State central | ||||||
3 | repository for all genetic marker grouping analysis | ||||||
4 | information obtained pursuant to this Act. The Illinois State | ||||||
5 | Police may promulgate rules for the form and manner of the | ||||||
6 | collection of blood, saliva, or tissue specimens and other | ||||||
7 | procedures for the operation of this Act. The provisions of | ||||||
8 | the Administrative Review Law shall apply to all actions taken | ||||||
9 | under the rules so promulgated. | ||||||
10 | (i)(1) A person required to provide a blood, saliva, or | ||||||
11 | tissue specimen shall cooperate with the collection of the | ||||||
12 | specimen and any deliberate act by that person intended to | ||||||
13 | impede, delay or stop the collection of the blood, saliva, or | ||||||
14 | tissue specimen is a Class 4 felony. | ||||||
15 | (2) In the event that a person's DNA specimen is not | ||||||
16 | adequate for any reason, the person shall provide another DNA | ||||||
17 | specimen for analysis. Duly authorized law enforcement and | ||||||
18 | corrections personnel may employ reasonable force in cases in | ||||||
19 | which an individual refuses to provide a DNA specimen required | ||||||
20 | under this Act. | ||||||
21 | (j) (Blank). | ||||||
22 | (k) All analysis and categorization assessments provided | ||||||
23 | under the Criminal and Traffic Assessment Assessments Act to | ||||||
24 | the State Crime Laboratory Fund shall be regulated as follows: | ||||||
25 | (1) (Blank). | ||||||
26 | (2) (Blank). |
| |||||||
| |||||||
1 | (3) Moneys deposited into the State Crime Laboratory | ||||||
2 | Fund shall be used by Illinois State Police crime | ||||||
3 | laboratories as designated by the Director of the Illinois | ||||||
4 | State Police. These funds shall be in addition to any | ||||||
5 | allocations made pursuant to existing laws and shall be | ||||||
6 | designated for the exclusive use of State crime | ||||||
7 | laboratories. These uses may include, but are not limited | ||||||
8 | to, the following: | ||||||
9 | (A) Costs incurred in providing analysis and | ||||||
10 | genetic marker categorization as required by | ||||||
11 | subsection (d). | ||||||
12 | (B) Costs incurred in maintaining genetic marker | ||||||
13 | groupings as required by subsection (e). | ||||||
14 | (C) Costs incurred in the purchase and maintenance | ||||||
15 | of equipment for use in performing analyses. | ||||||
16 | (D) Costs incurred in continuing research and | ||||||
17 | development of new techniques for analysis and genetic | ||||||
18 | marker categorization. | ||||||
19 | (E) Costs incurred in continuing education, | ||||||
20 | training, and professional development of forensic | ||||||
21 | scientists regularly employed by these laboratories. | ||||||
22 | (l) The failure of a person to provide a specimen, or of | ||||||
23 | any person or agency to collect a specimen, shall in no way | ||||||
24 | alter the obligation of the person to submit such specimen, or | ||||||
25 | the authority of the Illinois State Police or persons | ||||||
26 | designated by the Illinois State Police to collect the |
| |||||||
| |||||||
1 | specimen, or the authority of the Illinois State Police to | ||||||
2 | accept, analyze and maintain the specimen or to maintain or | ||||||
3 | upload results of genetic marker grouping analysis information | ||||||
4 | into a State or national database. | ||||||
5 | (m) If any provision of Public Act 93-216 this amendatory | ||||||
6 | Act of the 93rd General Assembly is held unconstitutional or | ||||||
7 | otherwise invalid, the remainder of Public Act 93-216 this | ||||||
8 | amendatory Act of the 93rd General Assembly is not affected. | ||||||
9 | (n) Neither the Illinois State Police, the Division of | ||||||
10 | Forensic Services, nor any laboratory of the Division of | ||||||
11 | Forensic Services may contract out forensic testing for the | ||||||
12 | purpose of an active investigation or a matter pending before | ||||||
13 | a court of competent jurisdiction without the written consent | ||||||
14 | of the prosecuting agency. For the purposes of this subsection | ||||||
15 | (n), "forensic testing" includes the analysis of physical | ||||||
16 | evidence in an investigation or other proceeding for the | ||||||
17 | prosecution of a violation of the Criminal Code of 1961 or the | ||||||
18 | Criminal Code of 2012 or for matters adjudicated under the | ||||||
19 | Juvenile Court Act of 1987 , and includes the use of forensic | ||||||
20 | databases and databanks, including DNA, firearm, and | ||||||
21 | fingerprint databases, and expert testimony. | ||||||
22 | (o) Mistake does not invalidate a database match. The | ||||||
23 | detention, arrest, or conviction of a person based upon a | ||||||
24 | database match or database information is not invalidated if | ||||||
25 | it is determined that the specimen was obtained or placed in | ||||||
26 | the database by mistake. |
| |||||||
| |||||||
1 | (p) This Section may be referred to as the Illinois DNA | ||||||
2 | Database Law of 2011. | ||||||
3 | (Source: P.A. 102-505, eff. 8-20-21; 102-538, eff. 8-20-21; | ||||||
4 | 103-51, eff. 1-1-24; revised 1-2-24.)
| ||||||
5 | (730 ILCS 5/5-4.5-105) | ||||||
6 | Sec. 5-4.5-105. SENTENCING OF INDIVIDUALS UNDER THE AGE OF | ||||||
7 | 18 AT THE TIME OF THE COMMISSION OF AN OFFENSE. | ||||||
8 | (a) On or after January 1, 2016 ( the effective date of | ||||||
9 | Public Act 99-69) this amendatory Act of the 99th General | ||||||
10 | Assembly , when a person commits an offense and the person is | ||||||
11 | under 18 years of age at the time of the commission of the | ||||||
12 | offense, the court, at the sentencing hearing conducted under | ||||||
13 | Section 5-4-1, shall consider the following additional factors | ||||||
14 | in mitigation in determining the appropriate sentence: | ||||||
15 | (1) the person's age, impetuosity, and level of | ||||||
16 | maturity at the time of the offense, including the ability | ||||||
17 | to consider risks and consequences of behavior, and the | ||||||
18 | presence of cognitive or developmental disability, or | ||||||
19 | both, if any; | ||||||
20 | (2) whether the person was subjected to outside | ||||||
21 | pressure, including peer pressure, familial pressure, or | ||||||
22 | negative influences; | ||||||
23 | (3) the person's family, home environment, educational | ||||||
24 | and social background, including any history of parental | ||||||
25 | neglect, domestic or sexual violence, sexual exploitation, |
| |||||||
| |||||||
1 | physical abuse, or other childhood trauma including | ||||||
2 | adverse childhood experiences (or ACEs); | ||||||
3 | (4) the person's potential for rehabilitation or | ||||||
4 | evidence of rehabilitation, or both; | ||||||
5 | (5) the circumstances of the offense; | ||||||
6 | (6) the person's degree of participation and specific | ||||||
7 | role in the offense, including the level of planning by | ||||||
8 | the defendant before the offense; | ||||||
9 | (7) whether the person was able to meaningfully | ||||||
10 | participate in his or her defense; | ||||||
11 | (8) the person's prior juvenile or criminal history; | ||||||
12 | (9) the person's involvement in the child welfare | ||||||
13 | system; | ||||||
14 | (10) involvement of the person in the community; | ||||||
15 | (11) if a comprehensive mental health evaluation of | ||||||
16 | the person was conducted by a qualified mental health | ||||||
17 | professional, the outcome of the evaluation; and | ||||||
18 | (12) 12 any other information the court finds relevant | ||||||
19 | and reliable, including an expression of remorse, if | ||||||
20 | appropriate. However, if the person, on advice of counsel | ||||||
21 | chooses not to make a statement, the court shall not | ||||||
22 | consider a lack of an expression of remorse as an | ||||||
23 | aggravating factor. | ||||||
24 | (b) The trial judge shall specify on the record its | ||||||
25 | consideration of the factors under subsection (a) of this | ||||||
26 | Section. |
| |||||||
| |||||||
1 | (c) Notwithstanding any other provision of law, if the | ||||||
2 | court determines by clear and convincing evidence that the | ||||||
3 | individual against whom the person is convicted of committing | ||||||
4 | the offense previously committed a crime under Section 10-9, | ||||||
5 | Section 11-1.20, Section 11-1.30, Section 11-1.40, Section | ||||||
6 | 11-1.50, Section 11-1.60, Section 11-6, Section 11-6.5, | ||||||
7 | Section 11-6.6, Section 11-9.1, Section 11-14.3, Section | ||||||
8 | 11-14.4 or Section 11-18.1 of the under Criminal Code of 2012 | ||||||
9 | against the person within 3 years before the offense in which | ||||||
10 | the person was convicted, the court may, in its discretion: | ||||||
11 | (1) transfer the person to juvenile court for | ||||||
12 | sentencing under Section 5-710 of the Juvenile Court Act | ||||||
13 | of 1987; | ||||||
14 | (2) depart from any mandatory minimum sentence, | ||||||
15 | maximum sentence, or sentencing enhancement; or | ||||||
16 | (3) suspend any portion of an otherwise applicable | ||||||
17 | sentence. | ||||||
18 | (d) Subsection (c) shall be construed as prioritizing the | ||||||
19 | successful treatment and rehabilitation of persons under 18 | ||||||
20 | years of age who are sex crime victims who commit acts of | ||||||
21 | violence against their abusers. It is the General Assembly's | ||||||
22 | intent that these persons be viewed as victims and provided | ||||||
23 | treatment and services in the community and in the , juvenile | ||||||
24 | or family court system. | ||||||
25 | (e) Except as provided in subsections (f) and (g) (d) , the | ||||||
26 | court may sentence the defendant to any disposition authorized |
| |||||||
| |||||||
1 | for the class of the offense of which he or she was found | ||||||
2 | guilty as described in Article 4.5 of this Code, and may, in | ||||||
3 | its discretion, decline to impose any otherwise applicable | ||||||
4 | sentencing enhancement based upon firearm possession, | ||||||
5 | possession with personal discharge, or possession with | ||||||
6 | personal discharge that proximately causes great bodily harm, | ||||||
7 | permanent disability, permanent disfigurement, or death to | ||||||
8 | another person. | ||||||
9 | (f) Notwithstanding any other provision of law, if the | ||||||
10 | defendant is convicted of first degree murder and would | ||||||
11 | otherwise be subject to sentencing under clause (iii), (iv), | ||||||
12 | (v), or (vii) of subparagraph (c) of paragraph (1) of | ||||||
13 | subsection (a) of Section 5-8-1 of this Code based on the | ||||||
14 | category of persons identified therein, the court shall impose | ||||||
15 | a sentence of not less than 40 years of imprisonment, except | ||||||
16 | for persons convicted of first degree murder where subsection | ||||||
17 | (c) applies. In addition, the court may, in its discretion, | ||||||
18 | decline to impose the sentencing enhancements based upon the | ||||||
19 | possession or use of a firearm during the commission of the | ||||||
20 | offense included in subsection (d) of Section 5-8-1. | ||||||
21 | (g) (d) Fines and assessments, such as fees or | ||||||
22 | administrative costs, shall not be ordered or imposed against | ||||||
23 | a minor subject to this Code or against the minor's parent, | ||||||
24 | guardian, or legal custodian. For the purposes of this | ||||||
25 | subsection (g) this amendatory Act of the 103rd General | ||||||
26 | Assembly , "minor" has the meaning provided in Section 1-3 of |
| |||||||
| |||||||
1 | the Juvenile Court Act of 1987 and includes any minor under the | ||||||
2 | age of 18 transferred to adult court or excluded from juvenile | ||||||
3 | court jurisdiction under Article V of the Juvenile Court Act | ||||||
4 | of 1987. | ||||||
5 | (Source: P.A. 103-191, eff. 1-1-24; 103-379, eff. 7-28-23; | ||||||
6 | revised 9-14-23.)
| ||||||
7 | (730 ILCS 5/5-6-3) (from Ch. 38, par. 1005-6-3) | ||||||
8 | Sec. 5-6-3. Conditions of probation and of conditional | ||||||
9 | discharge. | ||||||
10 | (a) The conditions of probation and of conditional | ||||||
11 | discharge shall be that the person: | ||||||
12 | (1) not violate any criminal statute of any | ||||||
13 | jurisdiction; | ||||||
14 | (2) report to or appear in person before such person | ||||||
15 | or agency as directed by the court. To comply with the | ||||||
16 | provisions of this paragraph (2), in lieu of requiring the | ||||||
17 | person on probation or conditional discharge to appear in | ||||||
18 | person for the required reporting or meetings, the officer | ||||||
19 | may utilize technology, including cellular and other | ||||||
20 | electronic communication devices or platforms, that allow | ||||||
21 | for communication between the supervised person and the | ||||||
22 | officer in accordance with standards and guidelines | ||||||
23 | established by the Administrative Office of the Illinois | ||||||
24 | Courts; | ||||||
25 | (3) refrain from possessing a firearm or other |
| |||||||
| |||||||
1 | dangerous weapon where the offense is a felony or, if a | ||||||
2 | misdemeanor, the offense involved the intentional or | ||||||
3 | knowing infliction of bodily harm or threat of bodily | ||||||
4 | harm; | ||||||
5 | (4) not leave the State without the consent of the | ||||||
6 | court or, in circumstances in which the reason for the | ||||||
7 | absence is of such an emergency nature that prior consent | ||||||
8 | by the court is not possible, without the prior | ||||||
9 | notification and approval of the person's probation | ||||||
10 | officer. Transfer of a person's probation or conditional | ||||||
11 | discharge supervision to another state is subject to | ||||||
12 | acceptance by the other state pursuant to the Interstate | ||||||
13 | Compact for Adult Offender Supervision; | ||||||
14 | (5) permit the probation officer to visit him at his | ||||||
15 | home or elsewhere to the extent necessary to discharge his | ||||||
16 | duties; | ||||||
17 | (6) perform no less than 30 hours of community service | ||||||
18 | and not more than 120 hours of community service, if | ||||||
19 | community service is available in the jurisdiction and is | ||||||
20 | funded and approved by the county board where the offense | ||||||
21 | was committed, where the offense was related to or in | ||||||
22 | furtherance of the criminal activities of an organized | ||||||
23 | gang and was motivated by the offender's membership in or | ||||||
24 | allegiance to an organized gang. The community service | ||||||
25 | shall include, but not be limited to, the cleanup and | ||||||
26 | repair of any damage caused by a violation of Section |
| |||||||
| |||||||
1 | 21-1.3 of the Criminal Code of 1961 or the Criminal Code of | ||||||
2 | 2012 and similar damage to property located within the | ||||||
3 | municipality or county in which the violation occurred. | ||||||
4 | When possible and reasonable, the community service should | ||||||
5 | be performed in the offender's neighborhood. For purposes | ||||||
6 | of this Section, "organized gang" has the meaning ascribed | ||||||
7 | to it in Section 10 of the Illinois Streetgang Terrorism | ||||||
8 | Omnibus Prevention Act. The court may give credit toward | ||||||
9 | the fulfillment of community service hours for | ||||||
10 | participation in activities and treatment as determined by | ||||||
11 | court services. Community service shall not interfere with | ||||||
12 | the school hours, school-related activities, or work | ||||||
13 | commitments of the minor or the minor's parent, guardian, | ||||||
14 | or legal custodian; | ||||||
15 | (7) if he or she is at least 17 years of age and has | ||||||
16 | been sentenced to probation or conditional discharge for a | ||||||
17 | misdemeanor or felony in a county of 3,000,000 or more | ||||||
18 | inhabitants and has not been previously convicted of a | ||||||
19 | misdemeanor or felony, may be required by the sentencing | ||||||
20 | court to attend educational courses designed to prepare | ||||||
21 | the defendant for a high school diploma and to work toward | ||||||
22 | a high school diploma or to work toward passing high | ||||||
23 | school equivalency testing or to work toward completing a | ||||||
24 | vocational training program approved by the court. The | ||||||
25 | person on probation or conditional discharge must attend a | ||||||
26 | public institution of education to obtain the educational |
| |||||||
| |||||||
1 | or vocational training required by this paragraph (7). The | ||||||
2 | court shall revoke the probation or conditional discharge | ||||||
3 | of a person who willfully fails to comply with this | ||||||
4 | paragraph (7). The person on probation or conditional | ||||||
5 | discharge shall be required to pay for the cost of the | ||||||
6 | educational courses or high school equivalency testing if | ||||||
7 | a fee is charged for those courses or testing. The court | ||||||
8 | shall resentence the offender whose probation or | ||||||
9 | conditional discharge has been revoked as provided in | ||||||
10 | Section 5-6-4. This paragraph (7) does not apply to a | ||||||
11 | person who has a high school diploma or has successfully | ||||||
12 | passed high school equivalency testing. This paragraph (7) | ||||||
13 | does not apply to a person who is determined by the court | ||||||
14 | to be a person with a developmental disability or | ||||||
15 | otherwise mentally incapable of completing the educational | ||||||
16 | or vocational program; | ||||||
17 | (8) if convicted of possession of a substance | ||||||
18 | prohibited by the Cannabis Control Act, the Illinois | ||||||
19 | Controlled Substances Act, or the Methamphetamine Control | ||||||
20 | and Community Protection Act after a previous conviction | ||||||
21 | or disposition of supervision for possession of a | ||||||
22 | substance prohibited by the Cannabis Control Act or | ||||||
23 | Illinois Controlled Substances Act or after a sentence of | ||||||
24 | probation under Section 10 of the Cannabis Control Act, | ||||||
25 | Section 410 of the Illinois Controlled Substances Act, or | ||||||
26 | Section 70 of the Methamphetamine Control and Community |
| |||||||
| |||||||
1 | Protection Act and upon a finding by the court that the | ||||||
2 | person is addicted, undergo treatment at a substance abuse | ||||||
3 | program approved by the court; | ||||||
4 | (8.5) if convicted of a felony sex offense as defined | ||||||
5 | in the Sex Offender Management Board Act, the person shall | ||||||
6 | undergo and successfully complete sex offender treatment | ||||||
7 | by a treatment provider approved by the Board and | ||||||
8 | conducted in conformance with the standards developed | ||||||
9 | under the Sex Offender Management Board Act; | ||||||
10 | (8.6) if convicted of a sex offense as defined in the | ||||||
11 | Sex Offender Management Board Act, refrain from residing | ||||||
12 | at the same address or in the same condominium unit or | ||||||
13 | apartment unit or in the same condominium complex or | ||||||
14 | apartment complex with another person he or she knows or | ||||||
15 | reasonably should know is a convicted sex offender or has | ||||||
16 | been placed on supervision for a sex offense; the | ||||||
17 | provisions of this paragraph do not apply to a person | ||||||
18 | convicted of a sex offense who is placed in a Department of | ||||||
19 | Corrections licensed transitional housing facility for sex | ||||||
20 | offenders; | ||||||
21 | (8.7) if convicted for an offense committed on or | ||||||
22 | after June 1, 2008 (the effective date of Public Act | ||||||
23 | 95-464) that would qualify the accused as a child sex | ||||||
24 | offender as defined in Section 11-9.3 or 11-9.4 of the | ||||||
25 | Criminal Code of 1961 or the Criminal Code of 2012, | ||||||
26 | refrain from communicating with or contacting, by means of |
| |||||||
| |||||||
1 | the Internet, a person who is not related to the accused | ||||||
2 | and whom the accused reasonably believes to be under 18 | ||||||
3 | years of age; for purposes of this paragraph (8.7), | ||||||
4 | "Internet" has the meaning ascribed to it in Section | ||||||
5 | 16-0.1 of the Criminal Code of 2012; and a person is not | ||||||
6 | related to the accused if the person is not: (i) the | ||||||
7 | spouse, brother, or sister of the accused; (ii) a | ||||||
8 | descendant of the accused; (iii) a first or second cousin | ||||||
9 | of the accused; or (iv) a step-child or adopted child of | ||||||
10 | the accused; | ||||||
11 | (8.8) if convicted for an offense under Section 11-6, | ||||||
12 | 11-9.1, 11-14.4 that involves soliciting for a juvenile | ||||||
13 | prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or 11-21 | ||||||
14 | of the Criminal Code of 1961 or the Criminal Code of 2012, | ||||||
15 | or any attempt to commit any of these offenses, committed | ||||||
16 | on or after June 1, 2009 (the effective date of Public Act | ||||||
17 | 95-983): | ||||||
18 | (i) not access or use a computer or any other | ||||||
19 | device with Internet capability without the prior | ||||||
20 | written approval of the offender's probation officer, | ||||||
21 | except in connection with the offender's employment or | ||||||
22 | search for employment with the prior approval of the | ||||||
23 | offender's probation officer; | ||||||
24 | (ii) submit to periodic unannounced examinations | ||||||
25 | of the offender's computer or any other device with | ||||||
26 | Internet capability by the offender's probation |
| |||||||
| |||||||
1 | officer, a law enforcement officer, or assigned | ||||||
2 | computer or information technology specialist, | ||||||
3 | including the retrieval and copying of all data from | ||||||
4 | the computer or device and any internal or external | ||||||
5 | peripherals and removal of such information, | ||||||
6 | equipment, or device to conduct a more thorough | ||||||
7 | inspection; | ||||||
8 | (iii) submit to the installation on the offender's | ||||||
9 | computer or device with Internet capability, at the | ||||||
10 | offender's expense, of one or more hardware or | ||||||
11 | software systems to monitor the Internet use; and | ||||||
12 | (iv) submit to any other appropriate restrictions | ||||||
13 | concerning the offender's use of or access to a | ||||||
14 | computer or any other device with Internet capability | ||||||
15 | imposed by the offender's probation officer; | ||||||
16 | (8.9) if convicted of a sex offense as defined in the | ||||||
17 | Sex Offender Registration Act committed on or after | ||||||
18 | January 1, 2010 (the effective date of Public Act 96-262), | ||||||
19 | refrain from accessing or using a social networking | ||||||
20 | website as defined in Section 17-0.5 of the Criminal Code | ||||||
21 | of 2012; | ||||||
22 | (9) if convicted of a felony or of any misdemeanor | ||||||
23 | violation of Section 12-1, 12-2, 12-3, 12-3.2, 12-3.4, or | ||||||
24 | 12-3.5 of the Criminal Code of 1961 or the Criminal Code of | ||||||
25 | 2012 that was determined, pursuant to Section 112A-11.1 of | ||||||
26 | the Code of Criminal Procedure of 1963, to trigger the |
| |||||||
| |||||||
1 | prohibitions of 18 U.S.C. 922(g)(9), physically surrender | ||||||
2 | at a time and place designated by the court, his or her | ||||||
3 | Firearm Owner's Identification Card and any and all | ||||||
4 | firearms in his or her possession. The Court shall return | ||||||
5 | to the Illinois State Police Firearm Owner's | ||||||
6 | Identification Card Office the person's Firearm Owner's | ||||||
7 | Identification Card; | ||||||
8 | (10) if convicted of a sex offense as defined in | ||||||
9 | subsection (a-5) of Section 3-1-2 of this Code, unless the | ||||||
10 | offender is a parent or guardian of the person under 18 | ||||||
11 | years of age present in the home and no non-familial | ||||||
12 | minors are present, not participate in a holiday event | ||||||
13 | involving children under 18 years of age, such as | ||||||
14 | distributing candy or other items to children on | ||||||
15 | Halloween, wearing a Santa Claus costume on or preceding | ||||||
16 | Christmas, being employed as a department store Santa | ||||||
17 | Claus, or wearing an Easter Bunny costume on or preceding | ||||||
18 | Easter; | ||||||
19 | (11) if convicted of a sex offense as defined in | ||||||
20 | Section 2 of the Sex Offender Registration Act committed | ||||||
21 | on or after January 1, 2010 (the effective date of Public | ||||||
22 | Act 96-362) that requires the person to register as a sex | ||||||
23 | offender under that Act, may not knowingly use any | ||||||
24 | computer scrub software on any computer that the sex | ||||||
25 | offender uses; | ||||||
26 | (12) if convicted of a violation of the |
| |||||||
| |||||||
1 | Methamphetamine Control and Community Protection Act, the | ||||||
2 | Methamphetamine Precursor Control Act, or a | ||||||
3 | methamphetamine related offense: | ||||||
4 | (A) prohibited from purchasing, possessing, or | ||||||
5 | having under his or her control any product containing | ||||||
6 | pseudoephedrine unless prescribed by a physician; and | ||||||
7 | (B) prohibited from purchasing, possessing, or | ||||||
8 | having under his or her control any product containing | ||||||
9 | ammonium nitrate; and | ||||||
10 | (13) if convicted of a hate crime involving the | ||||||
11 | protected class identified in subsection (a) of Section | ||||||
12 | 12-7.1 of the Criminal Code of 2012 that gave rise to the | ||||||
13 | offense the offender committed, perform public or | ||||||
14 | community service of no less than 200 hours and enroll in | ||||||
15 | an educational program discouraging hate crimes that | ||||||
16 | includes racial, ethnic, and cultural sensitivity training | ||||||
17 | ordered by the court. | ||||||
18 | (b) The Court may in addition to other reasonable | ||||||
19 | conditions relating to the nature of the offense or the | ||||||
20 | rehabilitation of the defendant as determined for each | ||||||
21 | defendant in the proper discretion of the Court require that | ||||||
22 | the person: | ||||||
23 | (1) serve a term of periodic imprisonment under | ||||||
24 | Article 7 for a period not to exceed that specified in | ||||||
25 | paragraph (d) of Section 5-7-1; | ||||||
26 | (2) pay a fine and costs; |
| |||||||
| |||||||
1 | (3) work or pursue a course of study or vocational | ||||||
2 | training; | ||||||
3 | (4) undergo medical, psychological or psychiatric | ||||||
4 | treatment; or treatment for drug addiction or alcoholism; | ||||||
5 | (5) attend or reside in a facility established for the | ||||||
6 | instruction or residence of defendants on probation; | ||||||
7 | (6) support his dependents; | ||||||
8 | (7) and in addition, if a minor: | ||||||
9 | (i) reside with his parents or in a foster home; | ||||||
10 | (ii) attend school; | ||||||
11 | (iii) attend a non-residential program for youth; | ||||||
12 | (iv) provide nonfinancial contributions to his own | ||||||
13 | support at home or in a foster home; | ||||||
14 | (v) with the consent of the superintendent of the | ||||||
15 | facility, attend an educational program at a facility | ||||||
16 | other than the school in which the offense was | ||||||
17 | committed if he or she is convicted of a crime of | ||||||
18 | violence as defined in Section 2 of the Crime Victims | ||||||
19 | Compensation Act committed in a school, on the real | ||||||
20 | property comprising a school, or within 1,000 feet of | ||||||
21 | the real property comprising a school; | ||||||
22 | (8) make restitution as provided in Section 5-5-6 of | ||||||
23 | this Code; | ||||||
24 | (9) perform some reasonable public or community | ||||||
25 | service; | ||||||
26 | (10) serve a term of home confinement. In addition to |
| |||||||
| |||||||
1 | any other applicable condition of probation or conditional | ||||||
2 | discharge, the conditions of home confinement shall be | ||||||
3 | that the offender: | ||||||
4 | (i) remain within the interior premises of the | ||||||
5 | place designated for his confinement during the hours | ||||||
6 | designated by the court; | ||||||
7 | (ii) admit any person or agent designated by the | ||||||
8 | court into the offender's place of confinement at any | ||||||
9 | time for purposes of verifying the offender's | ||||||
10 | compliance with the conditions of his confinement; and | ||||||
11 | (iii) if further deemed necessary by the court or | ||||||
12 | the probation or court services department Probation | ||||||
13 | or Court Services Department , be placed on an approved | ||||||
14 | electronic monitoring device, subject to Article 8A of | ||||||
15 | Chapter V; | ||||||
16 | (iv) for persons convicted of any alcohol, | ||||||
17 | cannabis or controlled substance violation who are | ||||||
18 | placed on an approved monitoring device as a condition | ||||||
19 | of probation or conditional discharge, the court shall | ||||||
20 | impose a reasonable fee for each day of the use of the | ||||||
21 | device, as established by the county board in | ||||||
22 | subsection (g) of this Section, unless after | ||||||
23 | determining the inability of the offender to pay the | ||||||
24 | fee, the court assesses a lesser fee or no fee as the | ||||||
25 | case may be. This fee shall be imposed in addition to | ||||||
26 | the fees imposed under subsections (g) and (i) of this |
| |||||||
| |||||||
1 | Section. The fee shall be collected by the clerk of the | ||||||
2 | circuit court, except as provided in an administrative | ||||||
3 | order of the Chief Judge of the circuit court. The | ||||||
4 | clerk of the circuit court shall pay all monies | ||||||
5 | collected from this fee to the county treasurer for | ||||||
6 | deposit in the substance abuse services fund under | ||||||
7 | Section 5-1086.1 of the Counties Code, except as | ||||||
8 | provided in an administrative order of the Chief Judge | ||||||
9 | of the circuit court. | ||||||
10 | The Chief Judge of the circuit court of the county | ||||||
11 | may by administrative order establish a program for | ||||||
12 | electronic monitoring of offenders, in which a vendor | ||||||
13 | supplies and monitors the operation of the electronic | ||||||
14 | monitoring device, and collects the fees on behalf of | ||||||
15 | the county. The program shall include provisions for | ||||||
16 | indigent offenders and the collection of unpaid fees. | ||||||
17 | The program shall not unduly burden the offender and | ||||||
18 | shall be subject to review by the Chief Judge. | ||||||
19 | The Chief Judge of the circuit court may suspend | ||||||
20 | any additional charges or fees for late payment, | ||||||
21 | interest, or damage to any device; and | ||||||
22 | (v) for persons convicted of offenses other than | ||||||
23 | those referenced in clause (iv) above and who are | ||||||
24 | placed on an approved monitoring device as a condition | ||||||
25 | of probation or conditional discharge, the court shall | ||||||
26 | impose a reasonable fee for each day of the use of the |
| |||||||
| |||||||
1 | device, as established by the county board in | ||||||
2 | subsection (g) of this Section, unless after | ||||||
3 | determining the inability of the defendant to pay the | ||||||
4 | fee, the court assesses a lesser fee or no fee as the | ||||||
5 | case may be. This fee shall be imposed in addition to | ||||||
6 | the fees imposed under subsections (g) and (i) of this | ||||||
7 | Section. The fee shall be collected by the clerk of the | ||||||
8 | circuit court, except as provided in an administrative | ||||||
9 | order of the Chief Judge of the circuit court. The | ||||||
10 | clerk of the circuit court shall pay all monies | ||||||
11 | collected from this fee to the county treasurer who | ||||||
12 | shall use the monies collected to defray the costs of | ||||||
13 | corrections. The county treasurer shall deposit the | ||||||
14 | fee collected in the probation and court services | ||||||
15 | fund. The Chief Judge of the circuit court of the | ||||||
16 | county may by administrative order establish a program | ||||||
17 | for electronic monitoring of offenders, in which a | ||||||
18 | vendor supplies and monitors the operation of the | ||||||
19 | electronic monitoring device, and collects the fees on | ||||||
20 | behalf of the county. The program shall include | ||||||
21 | provisions for indigent offenders and the collection | ||||||
22 | of unpaid fees. The program shall not unduly burden | ||||||
23 | the offender and shall be subject to review by the | ||||||
24 | Chief Judge. | ||||||
25 | The Chief Judge of the circuit court may suspend | ||||||
26 | any additional charges or fees for late payment, |
| |||||||
| |||||||
1 | interest, or damage to any device. | ||||||
2 | (11) comply with the terms and conditions of an order | ||||||
3 | of protection issued by the court pursuant to the Illinois | ||||||
4 | Domestic Violence Act of 1986, as now or hereafter | ||||||
5 | amended, or an order of protection issued by the court of | ||||||
6 | another state, tribe, or United States territory. A copy | ||||||
7 | of the order of protection shall be transmitted to the | ||||||
8 | probation officer or agency having responsibility for the | ||||||
9 | case; | ||||||
10 | (12) reimburse any "local anti-crime program" as | ||||||
11 | defined in Section 7 of the Anti-Crime Advisory Council | ||||||
12 | Act for any reasonable expenses incurred by the program on | ||||||
13 | the offender's case, not to exceed the maximum amount of | ||||||
14 | the fine authorized for the offense for which the | ||||||
15 | defendant was sentenced; | ||||||
16 | (13) contribute a reasonable sum of money, not to | ||||||
17 | exceed the maximum amount of the fine authorized for the | ||||||
18 | offense for which the defendant was sentenced, (i) to a | ||||||
19 | "local anti-crime program", as defined in Section 7 of the | ||||||
20 | Anti-Crime Advisory Council Act, or (ii) for offenses | ||||||
21 | under the jurisdiction of the Department of Natural | ||||||
22 | Resources, to the fund established by the Department of | ||||||
23 | Natural Resources for the purchase of evidence for | ||||||
24 | investigation purposes and to conduct investigations as | ||||||
25 | outlined in Section 805-105 of the Department of Natural | ||||||
26 | Resources (Conservation) Law; |
| |||||||
| |||||||
1 | (14) refrain from entering into a designated | ||||||
2 | geographic area except upon such terms as the court finds | ||||||
3 | appropriate. Such terms may include consideration of the | ||||||
4 | purpose of the entry, the time of day, other persons | ||||||
5 | accompanying the defendant, and advance approval by a | ||||||
6 | probation officer, if the defendant has been placed on | ||||||
7 | probation or advance approval by the court, if the | ||||||
8 | defendant was placed on conditional discharge; | ||||||
9 | (15) refrain from having any contact, directly or | ||||||
10 | indirectly, with certain specified persons or particular | ||||||
11 | types of persons, including , but not limited to , members | ||||||
12 | of street gangs and drug users or dealers; | ||||||
13 | (16) refrain from having in his or her body the | ||||||
14 | presence of any illicit drug prohibited by the Illinois | ||||||
15 | Controlled Substances Act or the Methamphetamine Control | ||||||
16 | and Community Protection Act, unless prescribed by a | ||||||
17 | physician, and submit samples of his or her blood or urine | ||||||
18 | or both for tests to determine the presence of any illicit | ||||||
19 | drug; | ||||||
20 | (17) if convicted for an offense committed on or after | ||||||
21 | June 1, 2008 (the effective date of Public Act 95-464) | ||||||
22 | that would qualify the accused as a child sex offender as | ||||||
23 | defined in Section 11-9.3 or 11-9.4 of the Criminal Code | ||||||
24 | of 1961 or the Criminal Code of 2012, refrain from | ||||||
25 | communicating with or contacting, by means of the | ||||||
26 | Internet, a person who is related to the accused and whom |
| |||||||
| |||||||
1 | the accused reasonably believes to be under 18 years of | ||||||
2 | age; for purposes of this paragraph (17), "Internet" has | ||||||
3 | the meaning ascribed to it in Section 16-0.1 of the | ||||||
4 | Criminal Code of 2012; and a person is related to the | ||||||
5 | accused if the person is: (i) the spouse, brother, or | ||||||
6 | sister of the accused; (ii) a descendant of the accused; | ||||||
7 | (iii) a first or second cousin of the accused; or (iv) a | ||||||
8 | step-child or adopted child of the accused; | ||||||
9 | (18) if convicted for an offense committed on or after | ||||||
10 | June 1, 2009 (the effective date of Public Act 95-983) | ||||||
11 | that would qualify as a sex offense as defined in the Sex | ||||||
12 | Offender Registration Act: | ||||||
13 | (i) not access or use a computer or any other | ||||||
14 | device with Internet capability without the prior | ||||||
15 | written approval of the offender's probation officer, | ||||||
16 | except in connection with the offender's employment or | ||||||
17 | search for employment with the prior approval of the | ||||||
18 | offender's probation officer; | ||||||
19 | (ii) submit to periodic unannounced examinations | ||||||
20 | of the offender's computer or any other device with | ||||||
21 | Internet capability by the offender's probation | ||||||
22 | officer, a law enforcement officer, or assigned | ||||||
23 | computer or information technology specialist, | ||||||
24 | including the retrieval and copying of all data from | ||||||
25 | the computer or device and any internal or external | ||||||
26 | peripherals and removal of such information, |
| |||||||
| |||||||
1 | equipment, or device to conduct a more thorough | ||||||
2 | inspection; | ||||||
3 | (iii) submit to the installation on the offender's | ||||||
4 | computer or device with Internet capability, at the | ||||||
5 | subject's expense, of one or more hardware or software | ||||||
6 | systems to monitor the Internet use; and | ||||||
7 | (iv) submit to any other appropriate restrictions | ||||||
8 | concerning the offender's use of or access to a | ||||||
9 | computer or any other device with Internet capability | ||||||
10 | imposed by the offender's probation officer; and | ||||||
11 | (19) refrain from possessing a firearm or other | ||||||
12 | dangerous weapon where the offense is a misdemeanor that | ||||||
13 | did not involve the intentional or knowing infliction of | ||||||
14 | bodily harm or threat of bodily harm. | ||||||
15 | (c) The court may as a condition of probation or of | ||||||
16 | conditional discharge require that a person under 18 years of | ||||||
17 | age found guilty of any alcohol, cannabis or controlled | ||||||
18 | substance violation, refrain from acquiring a driver's license | ||||||
19 | during the period of probation or conditional discharge. If | ||||||
20 | such person is in possession of a permit or license, the court | ||||||
21 | may require that the minor refrain from driving or operating | ||||||
22 | any motor vehicle during the period of probation or | ||||||
23 | conditional discharge, except as may be necessary in the | ||||||
24 | course of the minor's lawful employment. | ||||||
25 | (d) An offender sentenced to probation or to conditional | ||||||
26 | discharge shall be given a certificate setting forth the |
| |||||||
| |||||||
1 | conditions thereof. | ||||||
2 | (e) Except where the offender has committed a fourth or | ||||||
3 | subsequent violation of subsection (c) of Section 6-303 of the | ||||||
4 | Illinois Vehicle Code, the court shall not require as a | ||||||
5 | condition of the sentence of probation or conditional | ||||||
6 | discharge that the offender be committed to a period of | ||||||
7 | imprisonment in excess of 6 months. This 6-month limit shall | ||||||
8 | not include periods of confinement given pursuant to a | ||||||
9 | sentence of county impact incarceration under Section 5-8-1.2. | ||||||
10 | Persons committed to imprisonment as a condition of | ||||||
11 | probation or conditional discharge shall not be committed to | ||||||
12 | the Department of Corrections. | ||||||
13 | (f) The court may combine a sentence of periodic | ||||||
14 | imprisonment under Article 7 or a sentence to a county impact | ||||||
15 | incarceration program under Article 8 with a sentence of | ||||||
16 | probation or conditional discharge. | ||||||
17 | (g) An offender sentenced to probation or to conditional | ||||||
18 | discharge and who during the term of either undergoes | ||||||
19 | mandatory drug or alcohol testing, or both, or is assigned to | ||||||
20 | be placed on an approved electronic monitoring device, shall | ||||||
21 | be ordered to pay all costs incidental to such mandatory drug | ||||||
22 | or alcohol testing, or both, and all costs incidental to such | ||||||
23 | approved electronic monitoring in accordance with the | ||||||
24 | defendant's ability to pay those costs. The county board with | ||||||
25 | the concurrence of the Chief Judge of the judicial circuit in | ||||||
26 | which the county is located shall establish reasonable fees |
| |||||||
| |||||||
1 | for the cost of maintenance, testing, and incidental expenses | ||||||
2 | related to the mandatory drug or alcohol testing, or both, and | ||||||
3 | all costs incidental to approved electronic monitoring, | ||||||
4 | involved in a successful probation program for the county. The | ||||||
5 | concurrence of the Chief Judge shall be in the form of an | ||||||
6 | administrative order. The fees shall be collected by the clerk | ||||||
7 | of the circuit court, except as provided in an administrative | ||||||
8 | order of the Chief Judge of the circuit court. The clerk of the | ||||||
9 | circuit court shall pay all moneys collected from these fees | ||||||
10 | to the county treasurer who shall use the moneys collected to | ||||||
11 | defray the costs of drug testing, alcohol testing, and | ||||||
12 | electronic monitoring. The county treasurer shall deposit the | ||||||
13 | fees collected in the county working cash fund under Section | ||||||
14 | 6-27001 or Section 6-29002 of the Counties Code, as the case | ||||||
15 | may be. The Chief Judge of the circuit court of the county may | ||||||
16 | by administrative order establish a program for electronic | ||||||
17 | monitoring of offenders, in which a vendor supplies and | ||||||
18 | monitors the operation of the electronic monitoring device, | ||||||
19 | and collects the fees on behalf of the county. The program | ||||||
20 | shall include provisions for indigent offenders and the | ||||||
21 | collection of unpaid fees. The program shall not unduly burden | ||||||
22 | the offender and shall be subject to review by the Chief Judge. | ||||||
23 | A person shall not be assessed costs or fees for mandatory | ||||||
24 | testing for drugs, alcohol, or both, if the person is an | ||||||
25 | indigent person as defined in paragraph (2) of subsection (a) | ||||||
26 | of Section 5-105 of the Code of Civil Procedure. |
| |||||||
| |||||||
1 | The Chief Judge of the circuit court may suspend any | ||||||
2 | additional charges or fees for late payment, interest, or | ||||||
3 | damage to any device. | ||||||
4 | (h) Jurisdiction over an offender may be transferred from | ||||||
5 | the sentencing court to the court of another circuit with the | ||||||
6 | concurrence of both courts. Further transfers or retransfers | ||||||
7 | of jurisdiction are also authorized in the same manner. The | ||||||
8 | court to which jurisdiction has been transferred shall have | ||||||
9 | the same powers as the sentencing court. The probation | ||||||
10 | department within the circuit to which jurisdiction has been | ||||||
11 | transferred, or which has agreed to provide supervision, may | ||||||
12 | impose probation fees upon receiving the transferred offender, | ||||||
13 | as provided in subsection (i). For all transfer cases, as | ||||||
14 | defined in Section 9b of the Probation and Probation Officers | ||||||
15 | Act, the probation department from the original sentencing | ||||||
16 | court shall retain all probation fees collected prior to the | ||||||
17 | transfer. After the transfer, all probation fees shall be paid | ||||||
18 | to the probation department within the circuit to which | ||||||
19 | jurisdiction has been transferred. | ||||||
20 | (i) The court shall impose upon an offender sentenced to | ||||||
21 | probation after January 1, 1989 or to conditional discharge | ||||||
22 | after January 1, 1992 or to community service under the | ||||||
23 | supervision of a probation or court services department after | ||||||
24 | January 1, 2004, as a condition of such probation or | ||||||
25 | conditional discharge or supervised community service, a fee | ||||||
26 | of $50 for each month of probation or conditional discharge |
| |||||||
| |||||||
1 | supervision or supervised community service ordered by the | ||||||
2 | court, unless after determining the inability of the person | ||||||
3 | sentenced to probation or conditional discharge or supervised | ||||||
4 | community service to pay the fee, the court assesses a lesser | ||||||
5 | fee. The court may not impose the fee on a minor who is placed | ||||||
6 | in the guardianship or custody of the Department of Children | ||||||
7 | and Family Services under the Juvenile Court Act of 1987 while | ||||||
8 | the minor is in placement. The fee shall be imposed only upon | ||||||
9 | an offender who is actively supervised by the probation and | ||||||
10 | court services department. The fee shall be collected by the | ||||||
11 | clerk of the circuit court. The clerk of the circuit court | ||||||
12 | shall pay all monies collected from this fee to the county | ||||||
13 | treasurer for deposit in the probation and court services fund | ||||||
14 | under Section 15.1 of the Probation and Probation Officers | ||||||
15 | Act. | ||||||
16 | A circuit court may not impose a probation fee under this | ||||||
17 | subsection (i) in excess of $25 per month unless the circuit | ||||||
18 | court has adopted, by administrative order issued by the Chief | ||||||
19 | Judge chief judge , a standard probation fee guide determining | ||||||
20 | an offender's ability to pay. Of the amount collected as a | ||||||
21 | probation fee, up to $5 of that fee collected per month may be | ||||||
22 | used to provide services to crime victims and their families. | ||||||
23 | The Court may only waive probation fees based on an | ||||||
24 | offender's ability to pay. The probation department may | ||||||
25 | re-evaluate an offender's ability to pay every 6 months, and, | ||||||
26 | with the approval of the Director of Court Services or the |
| |||||||
| |||||||
1 | Chief Probation Officer, adjust the monthly fee amount. An | ||||||
2 | offender may elect to pay probation fees due in a lump sum. Any | ||||||
3 | offender that has been assigned to the supervision of a | ||||||
4 | probation department, or has been transferred either under | ||||||
5 | subsection (h) of this Section or under any interstate | ||||||
6 | compact, shall be required to pay probation fees to the | ||||||
7 | department supervising the offender, based on the offender's | ||||||
8 | ability to pay. | ||||||
9 | Public Act 93-970 deletes the $10 increase in the fee | ||||||
10 | under this subsection that was imposed by Public Act 93-616. | ||||||
11 | This deletion is intended to control over any other Act of the | ||||||
12 | 93rd General Assembly that retains or incorporates that fee | ||||||
13 | increase. | ||||||
14 | (i-5) In addition to the fees imposed under subsection (i) | ||||||
15 | of this Section, in the case of an offender convicted of a | ||||||
16 | felony sex offense (as defined in the Sex Offender Management | ||||||
17 | Board Act) or an offense that the court or probation | ||||||
18 | department has determined to be sexually motivated (as defined | ||||||
19 | in the Sex Offender Management Board Act), the court or the | ||||||
20 | probation department shall assess additional fees to pay for | ||||||
21 | all costs of treatment, assessment, evaluation for risk and | ||||||
22 | treatment, and monitoring the offender, based on that | ||||||
23 | offender's ability to pay those costs either as they occur or | ||||||
24 | under a payment plan. | ||||||
25 | (j) All fines and costs imposed under this Section for any | ||||||
26 | violation of Chapters 3, 4, 6, and 11 of the Illinois Vehicle |
| |||||||
| |||||||
1 | Code, or a similar provision of a local ordinance, and any | ||||||
2 | violation of the Child Passenger Protection Act, or a similar | ||||||
3 | provision of a local ordinance, shall be collected and | ||||||
4 | disbursed by the circuit clerk as provided under the Criminal | ||||||
5 | and Traffic Assessment Act. | ||||||
6 | (k) Any offender who is sentenced to probation or | ||||||
7 | conditional discharge for a felony sex offense as defined in | ||||||
8 | the Sex Offender Management Board Act or any offense that the | ||||||
9 | court or probation department has determined to be sexually | ||||||
10 | motivated as defined in the Sex Offender Management Board Act | ||||||
11 | shall be required to refrain from any contact, directly or | ||||||
12 | indirectly, with any persons specified by the court and shall | ||||||
13 | be available for all evaluations and treatment programs | ||||||
14 | required by the court or the probation department. | ||||||
15 | (l) The court may order an offender who is sentenced to | ||||||
16 | probation or conditional discharge for a violation of an order | ||||||
17 | of protection be placed under electronic surveillance as | ||||||
18 | provided in Section 5-8A-7 of this Code. | ||||||
19 | (m) Except for restitution, and assessments issued for | ||||||
20 | adjudications under Section 5-125 of the Juvenile Court Act of | ||||||
21 | 1987, fines and assessments, such as fees or administrative | ||||||
22 | costs, authorized under this Section shall not be ordered or | ||||||
23 | imposed on a minor subject to Article III, IV, or V of the | ||||||
24 | Juvenile Court Act of 1987, or a minor under the age of 18 | ||||||
25 | transferred to adult court or excluded from juvenile court | ||||||
26 | jurisdiction under Article V of the Juvenile Court Act of |
| |||||||
| |||||||
1 | 1987, or the minor's parent, guardian, or legal custodian. | ||||||
2 | (n) (m) A person on probation, conditional discharge, or | ||||||
3 | supervision shall not be ordered to refrain from having | ||||||
4 | cannabis or alcohol in his or her body unless: | ||||||
5 | (1) the person is under 21 years old; | ||||||
6 | (2) the person was sentenced to probation, conditional | ||||||
7 | discharge, or supervision for an offense which had as an | ||||||
8 | element of the offense the presence of an intoxicating | ||||||
9 | compound in the person's body; | ||||||
10 | (3) the person is participating in a problem-solving | ||||||
11 | court certified by the Illinois Supreme Court; | ||||||
12 | (4) the person has undergone a validated clinical | ||||||
13 | assessment and the clinical treatment plan includes | ||||||
14 | alcohol or cannabis testing; or | ||||||
15 | (5) a court ordered evaluation recommends that the | ||||||
16 | person refrain from using alcohol or cannabis, provided | ||||||
17 | the evaluation is a validated clinical assessment and the | ||||||
18 | recommendation originates from a clinical treatment plan. | ||||||
19 | If the court has made findings that alcohol use was a | ||||||
20 | contributing factor in the commission of the underlying | ||||||
21 | offense, the court may order a person on probation, | ||||||
22 | conditional discharge, or supervision to refrain from having | ||||||
23 | alcohol in his or her body during the time between sentencing | ||||||
24 | and the completion of a validated clinical assessment, | ||||||
25 | provided that such order shall not exceed 30 days and shall be | ||||||
26 | terminated if the clinical treatment plan does not recommend |
| |||||||
| |||||||
1 | abstinence or testing, or both. | ||||||
2 | In this subsection (n) (m) , "validated clinical | ||||||
3 | assessment" and "clinical treatment plan" have the meanings | ||||||
4 | ascribed to them in Section 10 of the Drug Court Treatment Act. | ||||||
5 | In any instance in which the court orders testing for | ||||||
6 | cannabis or alcohol, the court shall state the reasonable | ||||||
7 | relation the condition has to the person's crime for which the | ||||||
8 | person was placed on probation, conditional discharge, or | ||||||
9 | supervision. | ||||||
10 | (o) (n) A person on probation, conditional discharge, or | ||||||
11 | supervision shall not be ordered to refrain from use or | ||||||
12 | consumption of any substance lawfully prescribed by a medical | ||||||
13 | provider or authorized by the Compassionate Use of Medical | ||||||
14 | Cannabis Program Act, except where use is prohibited in | ||||||
15 | paragraph (3) or (4) of subsection (n) (m) . | ||||||
16 | (Source: P.A. 102-538, eff. 8-20-21; 102-558, eff. 8-20-21; | ||||||
17 | 103-271, eff. 1-1-24; 103-379, eff. 7-28-23; 103-391, eff. | ||||||
18 | 1-1-24; revised 12-15-23.)
| ||||||
19 | (730 ILCS 5/5-9-1.4) (from Ch. 38, par. 1005-9-1.4) | ||||||
20 | Sec. 5-9-1.4. (a) "Crime laboratory" means any | ||||||
21 | not-for-profit laboratory registered with the Drug Enforcement | ||||||
22 | Administration of the United States Department of Justice, | ||||||
23 | substantially funded by a unit or combination of units of | ||||||
24 | local government or the State of Illinois, which regularly | ||||||
25 | employs at least one person engaged in the analysis of |
| |||||||
| |||||||
1 | controlled substances, cannabis, methamphetamine, or steroids | ||||||
2 | for criminal justice agencies in criminal matters and provides | ||||||
3 | testimony with respect to such examinations. | ||||||
4 | (b) (Blank). | ||||||
5 | (c) (Blank). | ||||||
6 | (c-1) A criminal laboratory analysis assessment, or | ||||||
7 | equivalent fine or assessment, such as fees or administrative | ||||||
8 | costs, shall not be ordered or imposed on a minor subject to | ||||||
9 | Article III, IV, or V of the Juvenile Court Act of 1987, or a | ||||||
10 | minor under the age of 18 transferred to adult court or | ||||||
11 | excluded from juvenile court jurisdiction under Article V of | ||||||
12 | the Juvenile Court Act of 1987, or the minor's parent, | ||||||
13 | guardian, or legal custodian. | ||||||
14 | (d) Notwithstanding subsection (c-1) of this Section, all | ||||||
15 | funds provided for by this Section shall be collected by the | ||||||
16 | clerk of the court and forwarded to the appropriate crime | ||||||
17 | laboratory fund as provided in subsection (f). | ||||||
18 | (e) Crime laboratory funds shall be established as | ||||||
19 | follows: | ||||||
20 | (1) Any unit of local government which maintains a | ||||||
21 | crime laboratory may establish a crime laboratory fund | ||||||
22 | within the office of the county or municipal treasurer. | ||||||
23 | (2) Any combination of units of local government which | ||||||
24 | maintains a crime laboratory may establish a crime | ||||||
25 | laboratory fund within the office of the treasurer of the | ||||||
26 | county where the crime laboratory is situated. |
| |||||||
| |||||||
1 | (3) The State Crime Laboratory Fund is hereby created | ||||||
2 | as a special fund in the State Treasury. | ||||||
3 | (f) Funds shall be forwarded to the office of the | ||||||
4 | treasurer of the unit of local government that performed the | ||||||
5 | analysis if that unit of local government has established a | ||||||
6 | crime laboratory fund, or to the State Crime Laboratory Fund | ||||||
7 | if the analysis was performed by a laboratory operated by the | ||||||
8 | Illinois State Police. If the analysis was performed by a | ||||||
9 | crime laboratory funded by a combination of units of local | ||||||
10 | government, the funds shall be forwarded to the treasurer of | ||||||
11 | the county where the crime laboratory is situated if a crime | ||||||
12 | laboratory fund has been established in that county. If the | ||||||
13 | unit of local government or combination of units of local | ||||||
14 | government has not established a crime laboratory fund, then | ||||||
15 | the funds shall be forwarded to the State Crime Laboratory | ||||||
16 | Fund. | ||||||
17 | (g) Moneys deposited into a crime laboratory fund created | ||||||
18 | pursuant to paragraph (1) or (2) of subsection (e) of this | ||||||
19 | Section shall be in addition to any allocations made pursuant | ||||||
20 | to existing law and shall be designated for the exclusive use | ||||||
21 | of the crime laboratory. These uses may include, but are not | ||||||
22 | limited to, the following: | ||||||
23 | (1) costs incurred in providing analysis for | ||||||
24 | controlled substances in connection with criminal | ||||||
25 | investigations conducted within this State; | ||||||
26 | (2) purchase and maintenance of equipment for use in |
| |||||||
| |||||||
1 | performing analyses; and | ||||||
2 | (3) continuing education, training, and professional | ||||||
3 | development of forensic scientists regularly employed by | ||||||
4 | these laboratories. | ||||||
5 | (h) Moneys deposited in the State Crime Laboratory Fund | ||||||
6 | created pursuant to paragraph (3) of subsection (d) of this | ||||||
7 | Section shall be used by State crime laboratories as | ||||||
8 | designated by the Director of the Illinois State Police. These | ||||||
9 | funds shall be in addition to any allocations made pursuant to | ||||||
10 | existing law and shall be designated for the exclusive use of | ||||||
11 | State crime laboratories or for the sexual assault evidence | ||||||
12 | tracking system created under Section 50 of the Sexual Assault | ||||||
13 | Evidence Submission Act. These uses may include those | ||||||
14 | enumerated in subsection (g) of this Section. | ||||||
15 | (Source: P.A. 102-505, eff. 8-20-21; 102-538, eff. 8-20-21; | ||||||
16 | 102-813, eff. 5-13-22; 103-363, eff. 7-28-23; 103-379, eff. | ||||||
17 | 7-28-23; revised 9-14-23.)
| ||||||
18 | (730 ILCS 5/5-9-1.9) | ||||||
19 | Sec. 5-9-1.9. DUI analysis. | ||||||
20 | (a) "Crime laboratory" means a not-for-profit laboratory | ||||||
21 | substantially funded by a single unit or combination of units | ||||||
22 | of local government or the State of Illinois that regularly | ||||||
23 | employs at least one person engaged in the DUI analysis of | ||||||
24 | blood, other bodily substance, and urine for criminal justice | ||||||
25 | agencies in criminal matters and provides testimony with |
| |||||||
| |||||||
1 | respect to such examinations. | ||||||
2 | "DUI analysis" means an analysis of blood, other bodily | ||||||
3 | substance, or urine for purposes of determining whether a | ||||||
4 | violation of Section 11-501 of the Illinois Vehicle Code has | ||||||
5 | occurred. | ||||||
6 | (b) (Blank). | ||||||
7 | (c) (Blank). | ||||||
8 | (c-1) A criminal laboratory DUI analysis assessment, or | ||||||
9 | equivalent fine or assessment, such as fees or administrative | ||||||
10 | costs, shall not be ordered or imposed on a minor subject to | ||||||
11 | Article III, IV, or V of the Juvenile Court Act of 1987, or a | ||||||
12 | minor under the age of 18 transferred to adult court or | ||||||
13 | excluded from juvenile court jurisdiction under Article V of | ||||||
14 | the Juvenile Court Act of 1987, or the minor's parent, | ||||||
15 | guardian, or legal custodian. | ||||||
16 | (d) Notwithstanding subsection (c-1), all funds provided | ||||||
17 | for by this Section shall be collected by the clerk of the | ||||||
18 | court and forwarded to the appropriate crime laboratory DUI | ||||||
19 | fund as provided in subsection (f). | ||||||
20 | (e) Crime laboratory funds shall be established as | ||||||
21 | follows: | ||||||
22 | (1) A unit of local government that maintains a crime | ||||||
23 | laboratory may establish a crime laboratory DUI fund | ||||||
24 | within the office of the county or municipal treasurer. | ||||||
25 | (2) Any combination of units of local government that | ||||||
26 | maintains a crime laboratory may establish a crime |
| |||||||
| |||||||
1 | laboratory DUI fund within the office of the treasurer of | ||||||
2 | the county where the crime laboratory is situated. | ||||||
3 | (3) (Blank). | ||||||
4 | (f) Notwithstanding subsection (c-1), all funds shall be | ||||||
5 | forwarded to the office of the treasurer of the unit of local | ||||||
6 | government that performed the analysis if that unit of local | ||||||
7 | government has established a crime laboratory DUI fund, or | ||||||
8 | remitted to the State Treasurer for deposit into the State | ||||||
9 | Crime Laboratory Fund if the analysis was performed by a | ||||||
10 | laboratory operated by the Illinois State Police. If the | ||||||
11 | analysis was performed by a crime laboratory funded by a | ||||||
12 | combination of units of local government, the funds shall be | ||||||
13 | forwarded to the treasurer of the county where the crime | ||||||
14 | laboratory is situated if a crime laboratory DUI fund has been | ||||||
15 | established in that county. If the unit of local government or | ||||||
16 | combination of units of local government has not established a | ||||||
17 | crime laboratory DUI fund, then the funds shall be remitted to | ||||||
18 | the State Treasurer for deposit into the State Crime | ||||||
19 | Laboratory Fund. | ||||||
20 | (g) Moneys deposited into a crime laboratory DUI fund | ||||||
21 | created under paragraphs (1) and (2) of subsection (e) of this | ||||||
22 | Section shall be in addition to any allocations made pursuant | ||||||
23 | to existing law and shall be designated for the exclusive use | ||||||
24 | of the crime laboratory. These uses may include, but are not | ||||||
25 | limited to, the following: | ||||||
26 | (1) Costs incurred in providing analysis for DUI |
| |||||||
| |||||||
1 | investigations conducted within this State. | ||||||
2 | (2) Purchase and maintenance of equipment for use in | ||||||
3 | performing analyses. | ||||||
4 | (3) Continuing education, training, and professional | ||||||
5 | development of forensic scientists regularly employed by | ||||||
6 | these laboratories. | ||||||
7 | (h) Moneys deposited in the State Crime Laboratory Fund | ||||||
8 | shall be used by State crime laboratories as designated by the | ||||||
9 | Director of the Illinois State Police. These funds shall be in | ||||||
10 | addition to any allocations made according to existing law and | ||||||
11 | shall be designated for the exclusive use of State crime | ||||||
12 | laboratories. These uses may include those enumerated in | ||||||
13 | subsection (g) of this Section. | ||||||
14 | (i) (Blank). | ||||||
15 | (Source: P.A. 102-16, eff. 6-17-21; 102-145, eff. 7-23-21; | ||||||
16 | 102-538, eff. 8-20-21; 102-813, eff. 5-13-22; 103-363, eff. | ||||||
17 | 7-28-23; 103-379, eff. 7-28-23; revised 9-14-23.)
| ||||||
18 | Section 570. The Arsonist Registration Act is amended by | ||||||
19 | changing Section 35 as follows:
| ||||||
20 | (730 ILCS 148/35) | ||||||
21 | Sec. 35. Duty to report change of address, school, name, | ||||||
22 | or employment. Any person who is required to register under | ||||||
23 | this Act shall report in person to the appropriate law | ||||||
24 | enforcement agency with whom he or she last registered within |
| |||||||
| |||||||
1 | one year from the date of last registration and every year | ||||||
2 | thereafter. If any person required to register under this Act | ||||||
3 | changes his or her residence address, place of employment, or | ||||||
4 | school, he or she shall, in writing, within 10 days inform the | ||||||
5 | law enforcement agency with whom he or she last registered of | ||||||
6 | his or her new address, change in employment, or school and | ||||||
7 | register with the appropriate law enforcement agency within | ||||||
8 | the time period specified in Section 10. Any person who is | ||||||
9 | required to register under this Act and is granted a legal name | ||||||
10 | change pursuant to subsection (b) of Section 21-101 of the | ||||||
11 | Code of Civil Procedure shall, in writing, within 10 days | ||||||
12 | inform the law enforcement agency with whom the person they | ||||||
13 | last registered of the their name change. The law enforcement | ||||||
14 | agency shall, within 3 days of receipt, notify the Illinois | ||||||
15 | State Police and the law enforcement agency having | ||||||
16 | jurisdiction of the new place of residence, change in | ||||||
17 | employment, or school. If any person required to register | ||||||
18 | under this Act establishes a residence or employment outside | ||||||
19 | of the State of Illinois, within 10 days after establishing | ||||||
20 | that residence or employment, he or she shall, in writing, | ||||||
21 | inform the law enforcement agency with which he or she last | ||||||
22 | registered of his or her out-of-state residence or employment. | ||||||
23 | The law enforcement agency with which such person last | ||||||
24 | registered shall, within 3 days' days notice of an address or | ||||||
25 | employment change, notify the Illinois State Police. The | ||||||
26 | Illinois State Police shall forward such information to the |
| |||||||
| |||||||
1 | out-of-state law enforcement agency having jurisdiction in the | ||||||
2 | form and manner prescribed by the Illinois State Police. | ||||||
3 | (Source: P.A. 102-538, eff. 8-20-21; 102-1133, eff. 1-1-24; | ||||||
4 | revised 12-15-23.)
| ||||||
5 | Section 575. The Sex Offender Registration Act is amended | ||||||
6 | by changing Section 6 as follows:
| ||||||
7 | (730 ILCS 150/6) | ||||||
8 | Sec. 6. Duty to report; change of address, school, name , | ||||||
9 | or employment; duty to inform. A person who has been | ||||||
10 | adjudicated to be sexually dangerous or is a sexually violent | ||||||
11 | person and is later released, or found to be no longer sexually | ||||||
12 | dangerous or no longer a sexually violent person and | ||||||
13 | discharged, or convicted of a violation of this Act after July | ||||||
14 | 1, 2005, shall report in person to the law enforcement agency | ||||||
15 | with whom he or she last registered no later than 90 days after | ||||||
16 | the date of his or her last registration and every 90 days | ||||||
17 | thereafter and at such other times at the request of the law | ||||||
18 | enforcement agency not to exceed 4 times a year. Such sexually | ||||||
19 | dangerous or sexually violent person must report all new or | ||||||
20 | changed e-mail addresses, all new or changed instant messaging | ||||||
21 | identities, all new or changed chat room identities, and all | ||||||
22 | other new or changed Internet communications identities that | ||||||
23 | the sexually dangerous or sexually violent person uses or | ||||||
24 | plans to use, all new or changed Uniform Resource Locators |
| |||||||
| |||||||
1 | (URLs) registered or used by the sexually dangerous or | ||||||
2 | sexually violent person, and all new or changed blogs and | ||||||
3 | other Internet sites maintained by the sexually dangerous or | ||||||
4 | sexually violent person or to which the sexually dangerous or | ||||||
5 | sexually violent person has uploaded any content or posted any | ||||||
6 | messages or information. Any person who lacks a fixed | ||||||
7 | residence must report weekly, in person, to the appropriate | ||||||
8 | law enforcement agency where the sex offender is located. Any | ||||||
9 | other person who is required to register under this Article | ||||||
10 | shall report in person to the appropriate law enforcement | ||||||
11 | agency with whom he or she last registered within one year from | ||||||
12 | the date of last registration and every year thereafter and at | ||||||
13 | such other times at the request of the law enforcement agency | ||||||
14 | not to exceed 4 times a year. If any person required to | ||||||
15 | register under this Article lacks a fixed residence or | ||||||
16 | temporary domicile, he or she must notify, in person, the | ||||||
17 | agency of jurisdiction of his or her last known address within | ||||||
18 | 3 days after ceasing to have a fixed residence and if the | ||||||
19 | offender leaves the last jurisdiction of residence, he or she, | ||||||
20 | must within 3 days after leaving register in person with the | ||||||
21 | new agency of jurisdiction. If any other person required to | ||||||
22 | register under this Article changes his or her residence | ||||||
23 | address, place of employment, telephone number, cellular | ||||||
24 | telephone number, or school, he or she shall report in person, | ||||||
25 | to the law enforcement agency with whom he or she last | ||||||
26 | registered, his or her new address, change in employment, |
| |||||||
| |||||||
1 | telephone number, cellular telephone number, or school, all | ||||||
2 | new or changed e-mail addresses, all new or changed instant | ||||||
3 | messaging identities, all new or changed chat room identities, | ||||||
4 | and all other new or changed Internet communications | ||||||
5 | identities that the sex offender uses or plans to use, all new | ||||||
6 | or changed Uniform Resource Locators (URLs) registered or used | ||||||
7 | by the sex offender, and all new or changed blogs and other | ||||||
8 | Internet sites maintained by the sex offender or to which the | ||||||
9 | sex offender has uploaded any content or posted any messages | ||||||
10 | or information, and register, in person, with the appropriate | ||||||
11 | law enforcement agency within the time period specified in | ||||||
12 | Section 3. If any person required to register under this | ||||||
13 | Article is granted a legal name change pursuant to subsection | ||||||
14 | (b) of Section 21-101 of the Code of Civil Procedure, the | ||||||
15 | person they shall report, in person, within 3 days of the their | ||||||
16 | legal name change, to the law enforcement agency with whom the | ||||||
17 | person they last registered. If the sex offender is a child sex | ||||||
18 | offender as defined in Section 11-9.3 or 11-9.4 of the | ||||||
19 | Criminal Code of 1961 or the Criminal Code of 2012, the sex | ||||||
20 | offender shall within 3 days after beginning to reside in a | ||||||
21 | household with a child under 18 years of age who is not his or | ||||||
22 | her own child, provided that his or her own child is not the | ||||||
23 | victim of the sex offense, report that information to the | ||||||
24 | registering law enforcement agency. The law enforcement agency | ||||||
25 | shall, within 3 days of the reporting in person by the person | ||||||
26 | required to register under this Article, notify the Illinois |
| |||||||
| |||||||
1 | State Police of the new place of residence, change in | ||||||
2 | employment, telephone number, cellular telephone number, or | ||||||
3 | school. | ||||||
4 | If any person required to register under this Article | ||||||
5 | intends to establish a residence or employment outside of the | ||||||
6 | State of Illinois, at least 10 days before establishing that | ||||||
7 | residence or employment, he or she shall report in person to | ||||||
8 | the law enforcement agency with which he or she last | ||||||
9 | registered of his or her out-of-state intended residence or | ||||||
10 | employment. The law enforcement agency with which such person | ||||||
11 | last registered shall, within 3 days after the reporting in | ||||||
12 | person of the person required to register under this Article | ||||||
13 | of an address or employment change, notify the Illinois State | ||||||
14 | Police. The Illinois State Police shall forward such | ||||||
15 | information to the out-of-state law enforcement agency having | ||||||
16 | jurisdiction in the form and manner prescribed by the Illinois | ||||||
17 | State Police. | ||||||
18 | (Source: P.A. P.A. 102-538, eff. 8-20-21; 102-1133, eff. | ||||||
19 | 1-1-24; revised 12-15-23.)
| ||||||
20 | Section 580. The Murderer and Violent Offender Against | ||||||
21 | Youth Registration Act is amended by changing Section 30 as | ||||||
22 | follows:
| ||||||
23 | (730 ILCS 154/30) | ||||||
24 | Sec. 30. Duty to report; change of address, school, name, |
| |||||||
| |||||||
1 | or employment; duty to inform. Any violent offender against | ||||||
2 | youth who is required to register under this Act shall report | ||||||
3 | in person to the appropriate law enforcement agency with whom | ||||||
4 | he or she last registered within one year from the date of last | ||||||
5 | registration and every year thereafter and at such other times | ||||||
6 | at the request of the law enforcement agency not to exceed 4 | ||||||
7 | times a year. If any person required to register under this Act | ||||||
8 | lacks a fixed residence or temporary domicile, he or she must | ||||||
9 | notify, in person, the agency of jurisdiction of his or her | ||||||
10 | last known address within 5 days after ceasing to have a fixed | ||||||
11 | residence and if the offender leaves the last jurisdiction of | ||||||
12 | residence, he or she must, within 48 hours after leaving, | ||||||
13 | register in person with the new agency of jurisdiction. If any | ||||||
14 | other person required to register under this Act changes his | ||||||
15 | or her residence address, place of employment, or school, he | ||||||
16 | or she shall report in person to the law enforcement agency | ||||||
17 | with whom he or she last registered of his or her new address, | ||||||
18 | change in employment, or school and register, in person, with | ||||||
19 | the appropriate law enforcement agency within the time period | ||||||
20 | specified in Section 10. The law enforcement agency shall, | ||||||
21 | within 3 days of the reporting in person by the person required | ||||||
22 | to register under this Act, notify the Illinois State Police | ||||||
23 | of the new place of residence, change in employment, or | ||||||
24 | school. If any person required to register under this Act is | ||||||
25 | granted a legal name change pursuant to subsection (b) of | ||||||
26 | Section 21-101 of the Code of Civil Procedure, the person they |
| |||||||
| |||||||
1 | shall report, in person, within 5 days of receiving the their | ||||||
2 | legal name change order, the their legal name change to the law | ||||||
3 | enforcement agency with whom the person they last registered. | ||||||
4 | If any person required to register under this Act intends | ||||||
5 | to establish a residence or employment outside of the State of | ||||||
6 | Illinois, at least 10 days before establishing that residence | ||||||
7 | or employment, he or she shall report in person to the law | ||||||
8 | enforcement agency with which he or she last registered of his | ||||||
9 | or her out-of-state intended residence or employment. The law | ||||||
10 | enforcement agency with which such person last registered | ||||||
11 | shall, within 3 days after the reporting in person of the | ||||||
12 | person required to register under this Act of an address or | ||||||
13 | employment change, notify the Illinois State Police. The | ||||||
14 | Illinois State Police shall forward such information to the | ||||||
15 | out-of-state law enforcement agency having jurisdiction in the | ||||||
16 | form and manner prescribed by the Illinois State Police. | ||||||
17 | (Source: P.A. 102-538, eff. 8-20-21; 102-1133, eff. 1-1-24; | ||||||
18 | revised 12-15-23.)
| ||||||
19 | Section 585. The End Youth Solitary Confinement Act is | ||||||
20 | amended by changing Section 10 as follows:
| ||||||
21 | (730 ILCS 215/10) | ||||||
22 | Sec. 10. Covered juvenile confinement. | ||||||
23 | (a) In this Act: | ||||||
24 | "Administrative hold" means the status assigned to a |
| |||||||
| |||||||
1 | covered juvenile who is temporarily being housed in a | ||||||
2 | particular covered juvenile center and includes, but is not | ||||||
3 | limited to: a covered juvenile awaiting transfer to another | ||||||
4 | juvenile detention center, a covered juvenile permanently | ||||||
5 | assigned to another juvenile detention center being | ||||||
6 | temporarily housed for purposes of attending court, the | ||||||
7 | covered juvenile awaiting release, and the covered juvenile | ||||||
8 | who was transferred to the Department of Corrections by | ||||||
9 | mistake. | ||||||
10 | "Behavioral hold" means the status assigned to a covered | ||||||
11 | juvenile who is confined to the covered juvenile's own room or | ||||||
12 | another area because he or she is engaging in dangerous | ||||||
13 | behavior that poses a serious and immediate threat to his or | ||||||
14 | her own safety, the safety of others, or the security of the | ||||||
15 | juvenile detention center. | ||||||
16 | "Chief administrative officer" means the highest ranking | ||||||
17 | official of a juvenile detention center. | ||||||
18 | "Confinement" means any instance when an individual | ||||||
19 | covered juvenile is held for 15 minutes or more in a room, | ||||||
20 | cell, or other area separated from other covered juveniles. | ||||||
21 | Confinement may occur in locked or unlocked rooms. | ||||||
22 | "Confinement" includes an administrative hold, behavioral | ||||||
23 | hold, or investigative status. "Confinement" does not include | ||||||
24 | medical isolation or quarantine, situations when a covered | ||||||
25 | juvenile requests to go to his or her room, the movement of the | ||||||
26 | covered juvenile between offices and classrooms while |
| |||||||
| |||||||
1 | attending school, a covered juvenile who receives individual | ||||||
2 | counseling or other therapeutic services, or staff who are in | ||||||
3 | ongoing continuous conversation or processing with the covered | ||||||
4 | juvenile , such as a cool down. | ||||||
5 | "Covered juvenile" means any person under 21 years of age | ||||||
6 | incarcerated in a Department of Juvenile Justice facility or | ||||||
7 | any person under 18 years of age detained in a county facility | ||||||
8 | under the authority of the local circuit court. | ||||||
9 | "Investigative status" means a status assigned to a | ||||||
10 | covered juvenile for whom confinement is necessary for the | ||||||
11 | efficient and effective investigation of a Tier 2 or Tier 3 | ||||||
12 | offense, as defined in the Department of Juvenile Justice's | ||||||
13 | Administrative Directive 04.01.140. | ||||||
14 | "Tier 2" or "Tier 3" offense means a major rules violation | ||||||
15 | that results in immediate disciplinary consequences that are | ||||||
16 | assigned by the staff of a facility of the Illinois Department | ||||||
17 | of Juvenile Justice reporting the violation. | ||||||
18 | (b) The use of room confinement at a youth facility for | ||||||
19 | discipline, punishment, retaliation, or any reason other than | ||||||
20 | as a temporary response to a juvenile's behavior that poses a | ||||||
21 | serious and immediate risk of physical harm to any individual, | ||||||
22 | including the juvenile, is prohibited. | ||||||
23 | (b-5) A covered juvenile may be placed on an | ||||||
24 | administrative hold and confined when temporarily being housed | ||||||
25 | in a particular juvenile detention center or for | ||||||
26 | administrative or security purposes as personally determined |
| |||||||
| |||||||
1 | by the chief administrative officer. | ||||||
2 | (b-6) Placement on administrative hold shall be subject to | ||||||
3 | the following time limitations: | ||||||
4 | (1) when the covered juvenile is awaiting transfer to | ||||||
5 | a youth facility or a more secure setting, the | ||||||
6 | administrative hold may not exceed 3 business days; and | ||||||
7 | (2) the administrative hold may not exceed 7 calendar | ||||||
8 | days when the covered juvenile is temporarily transferred | ||||||
9 | to a different facility for the purposes of placement | ||||||
10 | interviews, court appearances, or medical treatment. | ||||||
11 | (b-7) Whenever a covered juvenile is on an administrative | ||||||
12 | hold, the Department shall provide the covered juvenile with | ||||||
13 | access to the same programs and services received by covered | ||||||
14 | juveniles in the general population. Any restrictions on | ||||||
15 | movement or access to programs and services shall be | ||||||
16 | documented and justified by the chief administrative officer. | ||||||
17 | (c) If a covered juvenile poses a serious and immediate | ||||||
18 | risk of physical harm to any individual, including the | ||||||
19 | juvenile, before a staff member of the facility places a | ||||||
20 | covered juvenile in room confinement, the staff member shall | ||||||
21 | attempt to use other less restrictive options, unless | ||||||
22 | attempting those options poses a threat to the safety or | ||||||
23 | security of any minor or staff. | ||||||
24 | (d) If a covered juvenile is placed in room confinement | ||||||
25 | because the covered juvenile poses a serious and immediate | ||||||
26 | risk of physical harm to himself or herself, or to others, the |
| |||||||
| |||||||
1 | covered juvenile shall be released: | ||||||
2 | (1) immediately when the covered juvenile has | ||||||
3 | sufficiently gained control so as to no longer engage in | ||||||
4 | behavior that threatens serious and immediate risk of | ||||||
5 | physical harm to himself or herself, or to others; or | ||||||
6 | (2) no more than 24 hours after being placed in room | ||||||
7 | confinement if a covered juvenile does not sufficiently | ||||||
8 | gain control as described in paragraph (1) of this | ||||||
9 | subsection (d) and poses a serious and immediate risk of | ||||||
10 | physical harm to himself or herself or others, not later | ||||||
11 | than: | ||||||
12 | (A) 3 hours after being placed in room | ||||||
13 | confinement, in the case of a covered juvenile who | ||||||
14 | poses a serious and immediate risk of physical harm to | ||||||
15 | others; or | ||||||
16 | (B) 30 minutes after being placed in room | ||||||
17 | confinement, in the case of a covered juvenile who | ||||||
18 | poses a serious and immediate risk of physical harm | ||||||
19 | only to himself or herself. | ||||||
20 | (e) If, after the applicable maximum period of confinement | ||||||
21 | has expired, a covered juvenile continues to pose a serious | ||||||
22 | and immediate risk of physical harm to others: | ||||||
23 | (1) the covered juvenile shall be transferred to | ||||||
24 | another facility, when available, or internal location | ||||||
25 | where services can be provided to the covered juvenile | ||||||
26 | without relying on room confinement; or |
| |||||||
| |||||||
1 | (2) if a qualified mental health professional believes | ||||||
2 | the level of crisis service needed is not currently | ||||||
3 | available, a staff member of the facility shall initiate a | ||||||
4 | referral to a location that can meet the needs of the | ||||||
5 | covered juvenile. | ||||||
6 | (f) Each facility detaining covered juveniles shall report | ||||||
7 | the use of each incident of room confinement to an independent | ||||||
8 | ombudsperson for the Department of Juvenile Justice each | ||||||
9 | month, including: | ||||||
10 | (1) the name of the covered juvenile; | ||||||
11 | (2) demographic data, including, at a minimum, age, | ||||||
12 | race, gender, and primary language; | ||||||
13 | (3) the reason for room confinement, including how | ||||||
14 | detention facility officials determined the covered | ||||||
15 | juvenile posed an immediate risk of physical harm to | ||||||
16 | others or to the covered juvenile him or herself ; | ||||||
17 | (4) the length of room confinement; | ||||||
18 | (5) the number of covered juveniles transferred to | ||||||
19 | another facility or referred referral to a separate crisis | ||||||
20 | location covered under subsection (e); and | ||||||
21 | (6) the name of detention facility officials involved | ||||||
22 | in each instance of room confinement. | ||||||
23 | (g) An independent ombudsperson for the Department of | ||||||
24 | Juvenile Justice may review a detention facility's adherence | ||||||
25 | to this Section. | ||||||
26 | (Source: P.A. 103-178, eff. 1-1-24; revised 12-19-23.)
|
| |||||||
| |||||||
1 | Section 590. The Code of Civil Procedure is amended by | ||||||
2 | changing Sections 21-101, 21-102, 21-102.5, and 21-103 as | ||||||
3 | follows:
| ||||||
4 | (735 ILCS 5/21-101) (from Ch. 110, par. 21-101) | ||||||
5 | Sec. 21-101. Proceedings; parties. | ||||||
6 | (a) If any person who is a resident of this State and has | ||||||
7 | resided in this State for 6 months desires to change his or her | ||||||
8 | name and to assume another name by which to be afterwards | ||||||
9 | called and known, the person may file a petition requesting | ||||||
10 | that relief in the circuit court of the county wherein he or | ||||||
11 | she resides. | ||||||
12 | (b) A person who has been convicted of any offense for | ||||||
13 | which a person is required to register under the Sex Offender | ||||||
14 | Registration Act, the Murderer and Violent Offender Against | ||||||
15 | Youth Registration Act, or the Arsonist Registration Act in | ||||||
16 | this State or any other state and who has not been pardoned is | ||||||
17 | not permitted to file a petition for a name change in the | ||||||
18 | courts of this State during the period that the person is | ||||||
19 | required to register, unless that person verifies under oath, | ||||||
20 | as provided under Section 1-109, that the petition for the | ||||||
21 | name change is due to marriage, religious beliefs, status as a | ||||||
22 | victim of trafficking or gender-related identity as defined by | ||||||
23 | the Illinois Human Rights Act. A judge may grant or deny the | ||||||
24 | request for legal name change filed by such persons. Any such |
| |||||||
| |||||||
1 | persons granted a legal name change shall report the change to | ||||||
2 | the law enforcement agency having jurisdiction of their | ||||||
3 | current registration pursuant to the Duty to Report | ||||||
4 | requirements specified in Section 35 of the Arsonist | ||||||
5 | Registration Act, Section 20 of the Murderer and Violent | ||||||
6 | Offender Against Youth Registration Act, and Section 6 of the | ||||||
7 | Sex Offender Registration Act. For the purposes of this | ||||||
8 | subsection, a person will not face a felony charge if the | ||||||
9 | person's request for legal name change is denied without proof | ||||||
10 | of perjury. | ||||||
11 | (b-1) A person who has been convicted of a felony offense | ||||||
12 | in this State or any other state and whose sentence has not | ||||||
13 | been completed, terminated, or discharged is not permitted to | ||||||
14 | file a petition for a name change in the courts of this State | ||||||
15 | unless that person is pardoned for the offense. | ||||||
16 | (c) A petitioner may include his or her spouse and adult | ||||||
17 | unmarried children, with their consent, and his or her minor | ||||||
18 | children where it appears to the court that it is for their | ||||||
19 | best interest, in the petition and relief requested, and the | ||||||
20 | court's order shall then include the spouse and children. | ||||||
21 | Whenever any minor has resided in the family of any person for | ||||||
22 | the space of 3 years and has been recognized and known as an | ||||||
23 | adopted child in the family of that person, the application | ||||||
24 | herein provided for may be made by the person having that minor | ||||||
25 | in his or her family. | ||||||
26 | An order shall be entered as to a minor only if the court |
| |||||||
| |||||||
1 | finds by clear and convincing evidence that the change is | ||||||
2 | necessary to serve the best interest of the child. In | ||||||
3 | determining the best interest of a minor child under this | ||||||
4 | Section, the court shall consider all relevant factors, | ||||||
5 | including: | ||||||
6 | (1) The wishes of the child's parents and any person | ||||||
7 | acting as a parent who has physical custody of the child. | ||||||
8 | (2) The wishes of the child and the reasons for those | ||||||
9 | wishes. The court may interview the child in chambers to | ||||||
10 | ascertain the child's wishes with respect to the change of | ||||||
11 | name. Counsel shall be present at the interview unless | ||||||
12 | otherwise agreed upon by the parties. The court shall | ||||||
13 | cause a court reporter to be present who shall make a | ||||||
14 | complete record of the interview instantaneously to be | ||||||
15 | part of the record in the case. | ||||||
16 | (3) The interaction and interrelationship of the child | ||||||
17 | with his or her parents or persons acting as parents who | ||||||
18 | have physical custody of the child, step-parents, | ||||||
19 | siblings, step-siblings, or any other person who may | ||||||
20 | significantly affect the child's best interest. | ||||||
21 | (4) The child's adjustment to his or her home, school, | ||||||
22 | and community. | ||||||
23 | (d) If it appears to the court that the conditions and | ||||||
24 | requirements under this Article have been complied with and | ||||||
25 | that there is no reason why the relief requested should not be | ||||||
26 | granted, the court, by an order to be entered of record, may |
| |||||||
| |||||||
1 | direct and provide that the name of that person be changed in | ||||||
2 | accordance with the relief requested in the petition. If the | ||||||
3 | circuit court orders that a name change be granted to a person | ||||||
4 | who has been adjudicated or convicted of a felony or | ||||||
5 | misdemeanor offense under the laws of this State or any other | ||||||
6 | state for which a pardon has not been granted, or has an arrest | ||||||
7 | for which a charge has not been filed or a pending charge on a | ||||||
8 | felony or misdemeanor offense, a copy of the order, including | ||||||
9 | a copy of each applicable access and review response, shall be | ||||||
10 | forwarded to the Illinois State Police. The Illinois State | ||||||
11 | Police shall update any criminal history transcript or | ||||||
12 | offender registration of each person 18 years of age or older | ||||||
13 | in the order to include the change of name as well as his or | ||||||
14 | her former name. | ||||||
15 | (Source: P.A. 102-538, eff. 8-20-21; 102-1133, eff. 1-1-24; | ||||||
16 | revised 12-15-23.)
| ||||||
17 | (735 ILCS 5/21-102) (from Ch. 110, par. 21-102) | ||||||
18 | Sec. 21-102. Petition; update criminal history transcript. | ||||||
19 | (a) The petition shall be a statewide standardized form | ||||||
20 | approved by the Illinois Supreme Court and shall set forth the | ||||||
21 | name then held, the name sought to be assumed, the residence of | ||||||
22 | the petitioner, the length of time the petitioner has resided | ||||||
23 | in this State, and the state or country of the petitioner's | ||||||
24 | nativity or supposed nativity. The petition shall include a | ||||||
25 | statement, verified under oath as provided under Section 1-109 |
| |||||||
| |||||||
1 | of this Code, whether or not the petitioner or any other person | ||||||
2 | 18 years of age or older who will be subject to a change of | ||||||
3 | name under the petition if granted: (1) has been adjudicated | ||||||
4 | or convicted of a felony or misdemeanor offense under the laws | ||||||
5 | of this State or any other state for which a pardon has not | ||||||
6 | been granted; or (2) has an arrest for which a charge has not | ||||||
7 | been filed or a pending charge on a felony or misdemeanor | ||||||
8 | offense. The petition shall be signed by the person | ||||||
9 | petitioning or, in case of minors, by the parent or guardian | ||||||
10 | having the legal custody of the minor. | ||||||
11 | (b) If the statement provided under subsection (a) of this | ||||||
12 | Section indicates the petitioner or any other person 18 years | ||||||
13 | of age or older who will be subject to a change of name under | ||||||
14 | the petition, if granted, has been adjudicated or convicted of | ||||||
15 | a felony or misdemeanor offense under the laws of this State or | ||||||
16 | any other state for which a pardon has not been granted, or has | ||||||
17 | an arrest for which a charge has not been filed or a pending | ||||||
18 | charge on a felony or misdemeanor offense, the State's | ||||||
19 | Attorney may request the court to or the court may on its own | ||||||
20 | motion, require the person, prior to a hearing on the | ||||||
21 | petition, to initiate an update of his or her criminal history | ||||||
22 | transcript with the Illinois State Police. The Illinois State | ||||||
23 | Police Department shall allow a person to use the Access and | ||||||
24 | Review process, established by rule in the Illinois State | ||||||
25 | Police Department , for this purpose. Upon completion of the | ||||||
26 | update of the criminal history transcript, the petitioner |
| |||||||
| |||||||
1 | shall file confirmation of each update with the court, which | ||||||
2 | shall seal the records from disclosure outside of court | ||||||
3 | proceedings on the petition. | ||||||
4 | (c) Any petition filed under subsection (a) shall include | ||||||
5 | the following: "WARNING: If you are required to register under | ||||||
6 | the Sex Offender Registration Act, the Murderer and Violent | ||||||
7 | Offender Against Youth Registration Act, or the Arsonist | ||||||
8 | Registration Act in this State or a similar law in any other | ||||||
9 | state and have not been pardoned, you will be committing a | ||||||
10 | felony under those respective Acts by seeking a change of name | ||||||
11 | during the registration period UNLESS your request for legal | ||||||
12 | name change is due to marriage, religious beliefs, status as a | ||||||
13 | victim of trafficking or gender related identity as defined by | ||||||
14 | the Illinois Human Rights Act.". | ||||||
15 | (Source: P.A. 102-538, eff. 8-20-21; 102-1133, eff. 1-1-24; | ||||||
16 | revised 12-15-23.)
| ||||||
17 | (735 ILCS 5/21-102.5) | ||||||
18 | Sec. 21-102.5. Notice; objection. | ||||||
19 | (a) The circuit court clerk shall promptly serve a copy of | ||||||
20 | the petition on the State's Attorney and the Illinois State | ||||||
21 | Police if the statement provided under subsection (a) of | ||||||
22 | Section 21-102 indicates that the petitioner, or any other | ||||||
23 | person 18 years of age or older who will be subject to a change | ||||||
24 | of name under the petition, has been adjudicated or convicted | ||||||
25 | of a felony or misdemeanor offense under the laws of this State |
| |||||||
| |||||||
1 | or any other state for which a pardon has not been granted, or | ||||||
2 | has an arrest for which a charge has not been filed or a | ||||||
3 | pending charge on a felony or misdemeanor offense. | ||||||
4 | (b) The State's Attorney may file an objection to the | ||||||
5 | petition. All objections shall be in writing, shall be filed | ||||||
6 | with the circuit court clerk, shall be served upon the | ||||||
7 | petitioner, and shall state with specificity the basis of the | ||||||
8 | objection. Objections to a petition must be filed within 30 | ||||||
9 | days of the date of service of the petition upon the State's | ||||||
10 | Attorney if the petitioner: | ||||||
11 | (1) is the defendant in a pending criminal offense | ||||||
12 | charge; or | ||||||
13 | (2) has been convicted of identity theft, aggravated | ||||||
14 | identity theft, felony or misdemeanor criminal sexual | ||||||
15 | abuse when the victim of the offense at the time of its | ||||||
16 | commission is under 18 years of age, felony or misdemeanor | ||||||
17 | sexual exploitation of a child, felony or misdemeanor | ||||||
18 | indecent solicitation of a child, or felony or misdemeanor | ||||||
19 | indecent solicitation of an adult, and has not been | ||||||
20 | pardoned for the conviction. | ||||||
21 | (Source: P.A. 102-538, eff. 8-20-21; 102-1133, eff. 1-1-24; | ||||||
22 | revised 12-15-23)
| ||||||
23 | (735 ILCS 5/21-103) | ||||||
24 | Sec. 21-103. Notice by publication. | ||||||
25 | (a) Previous notice shall be given of the intended |
| |||||||
| |||||||
1 | application by publishing a notice thereof in some newspaper | ||||||
2 | published in the municipality in which the person resides if | ||||||
3 | the municipality is in a county with a population under | ||||||
4 | 2,000,000, or if the person does not reside in a municipality | ||||||
5 | in a county with a population under 2,000,000, or if no | ||||||
6 | newspaper is published in the municipality or if the person | ||||||
7 | resides in a county with a population of 2,000,000 or more, | ||||||
8 | then in some newspaper published in the county where the | ||||||
9 | person resides, or if no newspaper is published in that | ||||||
10 | county, then in some convenient newspaper published in this | ||||||
11 | State. The notice shall be inserted for 3 consecutive weeks | ||||||
12 | after filing, the first insertion to be at least 6 weeks before | ||||||
13 | the return day upon which the petition is to be heard, and | ||||||
14 | shall be signed by the petitioner or, in case of a minor, the | ||||||
15 | minor's parent or guardian, and shall set forth the return day | ||||||
16 | of court on which the petition is to be heard and the name | ||||||
17 | sought to be assumed. | ||||||
18 | (b) The publication requirement of subsection (a) shall | ||||||
19 | not be required in any application for a change of name | ||||||
20 | involving a minor if, before making judgment under this | ||||||
21 | Article, reasonable notice and opportunity to be heard is | ||||||
22 | given to any parent whose parental rights have not been | ||||||
23 | previously terminated and to any person who has physical | ||||||
24 | custody of the child. If any of these persons are outside this | ||||||
25 | State, notice and opportunity to be heard shall be given under | ||||||
26 | Section 21-104. |
| |||||||
| |||||||
1 | (b-3) The publication requirement of subsection (a) shall | ||||||
2 | not be required in any application for a change of name | ||||||
3 | involving a person who has received a judgment of for | ||||||
4 | dissolution of marriage or declaration of invalidity of | ||||||
5 | marriage and wishes to change his or her name to resume the use | ||||||
6 | of his or her former or maiden name. | ||||||
7 | (b-5) The court may issue an order directing that the | ||||||
8 | notice and publication requirement be waived for a change of | ||||||
9 | name involving a person who files with the court a statement, | ||||||
10 | verified under oath as provided under Section 1-109 of this | ||||||
11 | Code, that the person believes that publishing notice of the | ||||||
12 | name change would be a hardship, including , but not limited | ||||||
13 | to, a negative impact on the person's health or safety. | ||||||
14 | (b-6) In a case where waiver of the notice and publication | ||||||
15 | requirement is sought, the petition for waiver is presumed | ||||||
16 | granted and heard at the same hearing as the petition for name | ||||||
17 | change. The court retains discretion to determine whether a | ||||||
18 | hardship is shown and may order the petitioner to publish | ||||||
19 | thereafter. | ||||||
20 | (c) The Director of the Illinois State Police or his or her | ||||||
21 | designee may apply to the circuit court for an order directing | ||||||
22 | that the notice and publication requirements of this Section | ||||||
23 | be waived if the Director or his or her designee certifies that | ||||||
24 | the name change being sought is intended to protect a witness | ||||||
25 | during and following a criminal investigation or proceeding. | ||||||
26 | (c-1) The court may also enter a written order waiving the |
| |||||||
| |||||||
1 | publication requirement of subsection (a) if: | ||||||
2 | (i) the petitioner is 18 years of age or older; and | ||||||
3 | (ii) concurrent with the petition, the petitioner | ||||||
4 | files with the court a statement, verified under oath as | ||||||
5 | provided under Section 1-109 of this Code, attesting that | ||||||
6 | the petitioner is or has been a person protected under the | ||||||
7 | Illinois Domestic Violence Act of 1986, the Stalking No | ||||||
8 | Contact Order Act, the Civil No Contact Order Act, Article | ||||||
9 | 112A of the Code of Criminal Procedure of 1963, a | ||||||
10 | condition of pretrial release under subsections (b) | ||||||
11 | through (d) of Section 110-10 of the Code of Criminal | ||||||
12 | Procedure of 1963, or a similar provision of a law in | ||||||
13 | another state or jurisdiction. | ||||||
14 | The petitioner may attach to the statement any supporting | ||||||
15 | documents, including relevant court orders. | ||||||
16 | (c-2) If the petitioner files a statement attesting that | ||||||
17 | disclosure of the petitioner's address would put the | ||||||
18 | petitioner or any member of the petitioner's family or | ||||||
19 | household at risk or reveal the confidential address of a | ||||||
20 | shelter for domestic violence victims, that address may be | ||||||
21 | omitted from all documents filed with the court, and the | ||||||
22 | petitioner may designate an alternative address for service. | ||||||
23 | (c-3) Court administrators may allow domestic abuse | ||||||
24 | advocates, rape crisis advocates, and victim advocates to | ||||||
25 | assist petitioners in the preparation of name changes under | ||||||
26 | subsection (c-1). |
| |||||||
| |||||||
1 | (c-4) If the publication requirements of subsection (a) | ||||||
2 | have been waived, the circuit court shall enter an order | ||||||
3 | impounding the case. | ||||||
4 | (d) The maximum rate charged for publication of a notice | ||||||
5 | under this Section may not exceed the lowest classified rate | ||||||
6 | paid by commercial users for comparable space in the newspaper | ||||||
7 | in which the notice appears and shall include all cash | ||||||
8 | discounts, multiple insertion discounts, and similar benefits | ||||||
9 | extended to the newspaper's regular customers. | ||||||
10 | (Source: P.A. 101-81, eff. 7-12-19; 101-203, eff. 1-1-20; | ||||||
11 | 101-652, eff. 1-1-23; 102-538, eff. 8-20-21; 102-813, eff. | ||||||
12 | 5-13-22; 102-1133, eff. 1-1-24; revised 12-15-23.)
| ||||||
13 | Section 595. The Eminent Domain Act is amended by setting | ||||||
14 | forth, renumbering, and changing multiple versions of Section | ||||||
15 | 25-5-105 as follows:
| ||||||
16 | (735 ILCS 30/25-5-105) | ||||||
17 | (Section scheduled to be repealed on May 31, 2025) | ||||||
18 | Sec. 25-5-105. Quick-take; Menard County; Athens Blacktop. | ||||||
19 | (a) Quick-take proceedings under Article 20 may be used | ||||||
20 | for a period of one year after May 31, 2025 ( the effective date | ||||||
21 | of Public Act 103-3) this amendatory Act of the 103rd General | ||||||
22 | Assembly by Menard County for the acquisition of the following | ||||||
23 | described property for the purpose of reconstructing the | ||||||
24 | Athens Blacktop corridor.
|
| |||||||
| |||||||
1 | Route: FAS 574/Athens Blacktop Road | ||||||
2 | County: Menard | ||||||
3 | Parcel No.: D-18 | ||||||
4 | P.I.N. No.: 12-28-400-006 | ||||||
5 | Section: 09-00056-05-EG | ||||||
6 | Station: RT 181+94.77 | ||||||
7 | Station: RT 188+48.97 | ||||||
8 | A part of the Southeast Quarter of Section 28, | ||||||
9 | Township 18 North, Range 6 West of the Third Principal | ||||||
10 | Meridian, described as follows: | ||||||
11 | Commencing at the Northeast corner of the Southeast | ||||||
12 | Quarter of said Section 28; thence South 89 degrees 42 | ||||||
13 | minutes 06 seconds West along the north line of the | ||||||
14 | Southeast Quarter of said Section 28, a distance of 669.81 | ||||||
15 | feet to the northeast parcel corner and the point of | ||||||
16 | beginning; thence South 02 degrees 24 minutes 13 seconds | ||||||
17 | East along the east parcel line, 80.48 feet; thence South | ||||||
18 | 72 degrees 55 minutes 03 seconds West, 103.39 feet; thence | ||||||
19 | South 89 degrees 43 minutes 40 seconds West, 150.00 feet; | ||||||
20 | thence North 86 degrees 08 minutes 49 seconds West, 405.10 | ||||||
21 | feet to the west parcel line; thence North 01 degree 06 | ||||||
22 | minutes 28 seconds West along said line, 80.89 feet to the | ||||||
23 | north line of the Southeast Quarter of said Section 28; | ||||||
24 | thence North 89 degrees 42 minutes 06 seconds East along | ||||||
25 | said line, 651.20 feet to the point of beginning, |
| |||||||
| |||||||
1 | containing 0.860 acres, more or less of new right of way | ||||||
2 | and 0.621 acres, more or less of existing right of way.
| ||||||
3 | Route: FAS 574/Athens Blacktop Road | ||||||
4 | County: Menard | ||||||
5 | Parcel No.: D-19 | ||||||
6 | P.I.N. No.: 12-28-400-007 | ||||||
7 | Section: 09-00056-05-EG | ||||||
8 | Station: RT 188+46.59 | ||||||
9 | Station: RT 191+17.37 | ||||||
10 | A part of the Southeast Quarter of Section 28, | ||||||
11 | Township 18 North, Range 6 West of the Third Principal | ||||||
12 | Meridian, described as follows: | ||||||
13 | Commencing at the Northeast corner of the Southeast | ||||||
14 | Quarter of said Section 28; thence South 89 degrees 42 | ||||||
15 | minutes 06 seconds West along the north line of the | ||||||
16 | Southeast Quarter of said Section 28, a distance of 399.89 | ||||||
17 | feet to the northeast parcel corner and the point of | ||||||
18 | beginning; thence South 01 degree 10 minutes 54 seconds | ||||||
19 | East along the east parcel line, 92.67 feet; thence South | ||||||
20 | 80 degrees 35 minutes 32 seconds West, 17.59 feet; thence | ||||||
21 | South 89 degrees 43 minutes 40 seconds West, 75.00 feet; | ||||||
22 | thence North 00 degrees 16 minutes 20 seconds West, 45.45 | ||||||
23 | feet to the existing southerly right of way line of Athens | ||||||
24 | Blacktop Road (FAS 574); thence South 89 degrees 42 | ||||||
25 | minutes 25 seconds West along said line, 75.00 feet; |
| |||||||
| |||||||
1 | thence South 72 degrees 55 minutes 03 seconds West, 105.54 | ||||||
2 | feet to the west parcel line; thence North 02 degrees 24 | ||||||
3 | minutes 13 seconds West along said line, 80.48 feet to the | ||||||
4 | north line of the Southeast Quarter of said Section 28; | ||||||
5 | thence North 89 degrees 42 minutes 06 seconds East along | ||||||
6 | said line, 269.92 feet to the point of beginning, | ||||||
7 | containing 0.137 acres, more or less of new right of way | ||||||
8 | and 0.303 acres, more or less of existing right of way. | ||||||
9 | (b) This Section is repealed May 31, 2025 ( 2 years after | ||||||
10 | the effective date of Public Act 103-3) this amendatory Act of | ||||||
11 | the 103rd General Assembly . | ||||||
12 | (Source: P.A. 103-3, eff. 5-31-23; revised 7-27-23.)
| ||||||
13 | (735 ILCS 30/25-5-107) | ||||||
14 | (Section scheduled to be repealed on June 9, 2026) | ||||||
15 | Sec. 25-5-107 25-5-105 . Quick-take; Will County; Cedar | ||||||
16 | Road; Francis Road. | ||||||
17 | (a) Quick-take proceedings under Article 20 may be used | ||||||
18 | for a period of 2 years after June 9, 2023 ( the effective date | ||||||
19 | of Public Act 103-10) this amendatory Act of the 103rd General | ||||||
20 | Assembly by Will County for the acquisition of the following | ||||||
21 | described property for the purpose of road construction:
| ||||||
22 | Route: C.H.4 Cedar Road | ||||||
23 | Section: 20-00051-09-CH | ||||||
24 | County: Will |
| |||||||
| |||||||
1 | Parcel No: IL T0001 | ||||||
2 | Station: 109+23.08 to 110+04.95 | ||||||
3 | Index No.: 15-08-09-406-002 | ||||||
4 | THAT PART OF LOT 1 IN WILMSEN'S SUBDIVISION OF LOTS 1 AND 8 OF | ||||||
5 | ARTHUR T. MCINTOSH AND COMPANY'S ADDITION TO NEW LENOX, A | ||||||
6 | SUBDIVISION OF PART OF THE SOUTHEAST QUARTER OF SECTION 9, AND | ||||||
7 | PART OF THE NORTHEAST QUARTER OF SECTION 16, TOWNSHIP 35 | ||||||
8 | NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, | ||||||
9 | ACCORDING TO THE PLAT THEREOF RECORDED JULY 10, 1948 AS | ||||||
10 | DOCUMENT NUMBER 642528, IN WILL COUNTY, ILLINOIS, BEARINGS AND | ||||||
11 | DISTANCES BASED ON THE ILLINOIS STATE PLANE COORDINATE SYSTEM, | ||||||
12 | EAST ZONE, NAD83 (2011 ADJUSTMENT) WITH A COMBINED FACTOR OF | ||||||
13 | 0.9999586959 DESCRIBED AS FOLLOWS: | ||||||
14 | BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 1; THENCE SOUTH | ||||||
15 | 01 DEGREES 30 MINUTES 42 SECONDS EAST ALONG THE EAST LINE OF | ||||||
16 | SAID LOT 1, ALSO BEING THE WEST LINE OF CEDAR ROAD, BEING A | ||||||
17 | LINE 33.00 FEET WEST OF AND PARALLEL WITH THE EAST LINE OF SAID | ||||||
18 | SOUTHEAST QUARTER, 81.87 FEET; THENCE SOUTH 88 DEGREES 29 | ||||||
19 | MINUTES 18 SECONDS WEST, 5.00 FEET; THENCE NORTH 01 DEGREES 30 | ||||||
20 | MINUTES 42 SECONDS WEST ALONG A LINE 5.00 FEET WEST OF AND | ||||||
21 | PARALLEL WITH SAID WEST LINE OF CEDAR ROAD, 48.67 FEET; THENCE | ||||||
22 | NORTH 46 DEGREES 55 MINUTES 15 SECONDS WEST, 39.62 FEET TO THE | ||||||
23 | NORTHERLY LINE OF SAID LOT 1, ALSO BEING THE SOUTHERLY LINE OF | ||||||
24 | FRANCIS ROAD AS MONUMENTED AND OCCUPIED; THENCE NORTH 79 | ||||||
25 | DEGREES 17 MINUTES 03 SECONDS EAST ALONG SAID SOUTHERLY LINE | ||||||
26 | OF FRANCIS ROAD, 33.65 FEET TO THE PLACE OF BEGINNING. |
| |||||||
| |||||||
1 | SAID PARCEL CONTAINING 0.020 ACRES, MORE OR LESS.
| ||||||
2 | Route: C.H. 64 Francis Road | ||||||
3 | Section: 20-00051-09-CH | ||||||
4 | County: Will | ||||||
5 | Parcel No: IL T0001TE-A | ||||||
6 | Station: 208+19.76 to 210+13.46 | ||||||
7 | Index No.:15-08-09-406-001 | ||||||
8 | 15-08-09-406-002 | ||||||
9 | THAT PART OF LOTS 1 AND 2 IN WILMSEN'S SUBDIVISION OF LOTS 1 | ||||||
10 | AND 8 OF ARTHUR T. MCINTOSH AND COMPANY'S ADDITION TO NEW | ||||||
11 | LENOX, A SUBDIVISION OF PART OF THE SOUTHEAST QUARTER OF | ||||||
12 | SECTION 9, AND PART OF THE NORTHEAST QUARTER OF SECTION 16, | ||||||
13 | TOWNSHIP 35 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL | ||||||
14 | MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED JULY 10, 1948 | ||||||
15 | AS DOCUMENT NUMBER 642528, IN WILL COUNTY, ILLINOIS, BEARINGS | ||||||
16 | AND DISTANCES BASED ON THE ILLINOIS STATE PLANE COORDINATE | ||||||
17 | SYSTEM, EAST ZONE, NAD83 (2011 ADJUSTMENT) WITH A COMBINED | ||||||
18 | FACTOR OF 0.9999586959, DESCRIBED AS FOLLOWS: | ||||||
19 | COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 1; THENCE SOUTH | ||||||
20 | 79 DEGREES 17 MINUTES 03 SECONDS WEST ALONG THE NORTHERLY LINE | ||||||
21 | OF SAID LOT 1, ALSO BEING THE SOUTHERLY LINE OF FRANCIS ROAD AS | ||||||
22 | MONUMENTED AND OCCUPIED, 33.65 FEET FOR THE PLACE OF | ||||||
23 | BEGINNING; THENCE SOUTH 46 DEGREES 55 MINUTES 15 SECONDS EAST, | ||||||
24 | 6.20 FEET; THENCE SOUTH 79 DEGREES 17 MINUTES 03 SECONDS WEST | ||||||
25 | ALONG A LINE 5.00 FEET SOUTH OF AND PARALLEL WITH SAID |
| |||||||
| |||||||
1 | SOUTHERLY LINE OF FRANCIS ROAD, 71.83 FEET; THENCE SOUTH 10 | ||||||
2 | DEGREES 42 MINUTES 57 SECONDS EAST, 10.00 FEET; THENCE SOUTH | ||||||
3 | 79 DEGREES 17 MINUTES 03 SECONDS WEST ALONG A LINE 15.00 FEET | ||||||
4 | SOUTH OF AND PARALLEL WITH SAID SOUTHERLY LINE OF FRANCIS | ||||||
5 | ROAD, 33.19 FEET; THENCE NORTH 10 DEGREES 42 MINUTES 57 | ||||||
6 | SECONDS WEST, 10.00 FEET; THENCE SOUTH 79 DEGREES 17 MINUTES | ||||||
7 | 03 SECONDS WEST ALONG A LINE 5.00 FEET SOUTH OF AND PARALLEL | ||||||
8 | WITH SAID SOUTHERLY LINE OF FRANCIS ROAD, 88.67 FEET TO THE | ||||||
9 | WEST LINE OF SAID LOT 2; THENCE NORTH 01 DEGREES 30 MINUTES 42 | ||||||
10 | SECONDS WEST ALONG SAID WEST LINE OF LOT 2, A DISTANCE OF 5.07 | ||||||
11 | FEET TO THE NORTHWEST CORNER THEREOF; THENCE NORTH 79 DEGREES | ||||||
12 | 17 MINUTES 03 SECONDS EAST ALONG SAID SOUTHERLY LINE OF | ||||||
13 | FRANCIS ROAD, 189.22 FEET TO THE PLACE OF BEGINNING. | ||||||
14 | SAID PARCEL CONTAINING 0.030 ACRES, MORE OR LESS. | ||||||
15 | REVISION DATE: 05-26-2022
| ||||||
16 | Route: C.H.4 Cedar Road | ||||||
17 | Section: 20-00051-09-CH | ||||||
18 | County: Will | ||||||
19 | Parcel No: IL T0001TE-B | ||||||
20 | Station: 107+04.56 to 109+76.68 | ||||||
21 | Index No.: 15-08-09-406-002 | ||||||
22 | 15-08-09-406-003 | ||||||
23 | 15-08-09-406-004 | ||||||
24 | THAT PART OF LOTS 1, 3 AND 4 IN WILMSEN'S SUBDIVISION OF LOTS 1 | ||||||
25 | AND 8 OF ARTHUR T. MCINTOSH AND COMPANY'S ADDITION TO NEW |
| |||||||
| |||||||
1 | LENOX, A SUBDIVISION OF PART OF THE SOUTHEAST QUARTER OF | ||||||
2 | SECTION 9, AND PART OF THE NORTHEAST QUARTER OF SECTION 16, | ||||||
3 | TOWNSHIP 35 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL | ||||||
4 | MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED JULY 10, 1948 | ||||||
5 | AS DOCUMENT NUMBER 642528, IN WILL COUNTY, ILLINOIS, BEARINGS | ||||||
6 | AND DISTANCES BASED ON THE ILLINOIS STATE PLANE COORDINATE | ||||||
7 | SYSTEM, EAST ZONE, NAD83 (2011 ADJUSTMENT) WITH A COMBINED | ||||||
8 | FACTOR OF 0.9999586959, DESCRIBED AS FOLLOWS: | ||||||
9 | COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 1; THENCE SOUTH | ||||||
10 | 01 DEGREES 30 MINUTES 42 SECONDS EAST ALONG THE EAST LINE OF | ||||||
11 | SAID LOT 1, ALSO BEING THE WEST LINE OF CEDAR ROAD, BEING A | ||||||
12 | LINE 33.00 FEET WEST OF AND PARALLEL WITH THE EAST LINE OF THE | ||||||
13 | SOUTHEAST QUARTER OF SAID SECTION 9, A DISTANCE OF 81.87 FEET | ||||||
14 | FOR THE PLACE OF BEGINNING; THENCE CONTINUING SOUTH 01 DEGREES | ||||||
15 | 30 MINUTES 42 SECONDS EAST ALONG SAID WEST LINE OF CEDAR ROAD, | ||||||
16 | 218.52 FEET TO THE SOUTH LINE OF SAID LOT 4; THENCE SOUTH 88 | ||||||
17 | DEGREES 55 MINUTES 56 SECONDS WEST ALONG SAID SOUTH LINE, | ||||||
18 | 10.00 FEET; THENCE NORTH 01 DEGREES 30 MINUTES 42 SECONDS WEST | ||||||
19 | ALONG A LINE 10.00 FEET WEST OF AND PARALLEL WITH SAID WEST | ||||||
20 | LINE OF CEDAR ROAD, 272.05 FEET; THENCE SOUTH 46 DEGREES 55 | ||||||
21 | MINUTES 15 SECONDS EAST, 7.02 FEET; THENCE SOUTH 01 DEGREES 30 | ||||||
22 | MINUTES 42 SECONDS EAST ALONG A LINE 5.00 FEET WEST OF AND | ||||||
23 | PARALLEL WITH SAID WEST LINE OF CEDAR ROAD, 48.67 FEET; THENCE | ||||||
24 | NORTH 88 DEGREES 29 MINUTES 18 SECONDS EAST, 5.00 FEET TO THE | ||||||
25 | PLACE OF BEGINNING. | ||||||
26 | SAID PARCEL CONTAINING 0.056 ACRES, MORE OR LESS.
|
| |||||||
| |||||||
1 | Route: C.H.4 Cedar Road | ||||||
2 | Section: 20-00051-09-CH | ||||||
3 | County: Will | ||||||
4 | Parcel No: IL T0002 | ||||||
5 | Station: 110+78.28 to 111+36.28 | ||||||
6 | Index No.: 15-08-09-402-027 | ||||||
7 | THAT PART OF LOT 1 IN SHELDON HAUCKS' SUBDIVISION, BEING A | ||||||
8 | SUBDIVISION OF PART OF THE SOUTHEAST QUARTER OF THE SOUTHEAST | ||||||
9 | QUARTER OF SECTION 9, TOWNSHIP 35 NORTH, RANGE 11 EAST OF THE | ||||||
10 | THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF | ||||||
11 | RECORDED JULY 30, 1955 AS DOCUMENT NUMBER 778985, IN WILL | ||||||
12 | COUNTY, ILLINOIS, BEARINGS AND DISTANCES BASED ON THE ILLINOIS | ||||||
13 | STATE PLANE COORDINATE SYSTEM, EAST ZONE, NAD83 (2011 | ||||||
14 | ADJUSTMENT), WITH A COMBINED FACTOR OF 0.9999586959; DESCRIBED | ||||||
15 | AS FOLLOWS: | ||||||
16 | BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 1; THENCE SOUTH | ||||||
17 | 79 DEGREES 17 MINUTES 03 SECONDS WEST ALONG THE SOUTH LINE OF | ||||||
18 | SAID LOT 1, ALSO BEING THE NORTHERLY LINE OF FRANCIS ROAD AS | ||||||
19 | MONUMENTED AND OCCUPIED, A DISTANCE OF 50.00 FEET; THENCE | ||||||
20 | NORTH 38 DEGREES 53 MINUTES 10 SECONDS EAST, 76.16 FEET TO THE | ||||||
21 | EAST LINE OF SAID LOT 1, ALSO BEING THE WEST LINE OF CEDAR | ||||||
22 | ROAD, BEING A LINE 50 FEET WEST OF AND PARALLEL WITH THE EAST | ||||||
23 | LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 9; THENCE SOUTH | ||||||
24 | 01 DEGREES 30 MINUTES 42 SECONDS EAST ALONG SAID WEST LINE OF | ||||||
25 | CEDAR ROAD, 50.00 FEET TO THE PLACE OF BEGINNING. |
| |||||||
| |||||||
1 | SAID PARCEL CONTAINING 0.028 ACRES, MORE OR LESS.
| ||||||
2 | Route: C.H. 64 Francis Road | ||||||
3 | Section: 20-00051-09-CH | ||||||
4 | County: Will | ||||||
5 | Parcel No: IL T0002TE-A | ||||||
6 | Station: 209+19.56 to 210+01.42 | ||||||
7 | Index No.: 15-08-09-402-027 | ||||||
8 | THAT PART OF LOT 1 IN SHELDON HAUCKS' SUBDIVISION, BEING A | ||||||
9 | SUBDIVISION OF PART OF THE SOUTHEAST QUARTER OF THE SOUTHEAST | ||||||
10 | QUARTER OF SECTION 9, TOWNSHIP 35 NORTH, RANGE 11 EAST OF THE | ||||||
11 | THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF | ||||||
12 | RECORDED JULY 30, 1955 AS DOCUMENT NUMBER 778985, IN WILL | ||||||
13 | COUNTY, ILLINOIS, BEARINGS AND DISTANCES BASED ON THE ILLINOIS | ||||||
14 | STATE PLANE COORDINATE SYSTEM, EAST ZONE, NAD83 (2011 | ||||||
15 | ADJUSTMENT), WITH A COMBINED FACTOR OF 0.9999586959; DESCRIBED | ||||||
16 | AS FOLLOWS: | ||||||
17 | COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 1; THENCE SOUTH | ||||||
18 | 79 DEGREES 17 MINUTES 03 SECONDS WEST ALONG THE SOUTH LINE OF | ||||||
19 | SAID LOT 1, ALSO BEING THE NORTHERLY LINE OF FRANCIS ROAD AS | ||||||
20 | MONUMENTED AND OCCUPIED, A DISTANCE OF 50.00 FEET FOR THE | ||||||
21 | PLACE OF BEGINNING; THENCE CONTINUING SOUTH 79 DEGREES 17 | ||||||
22 | MINUTES 03 SECONDS WEST ALONG SAID SOUTH LINE OF LOT 1, A | ||||||
23 | DISTANCE OF 70.11 FEET; THENCE NORTH 10 DEGREES 42 MINUTES 57 | ||||||
24 | SECONDS WEST, 10.00 FEET; THENCE NORTH 79 DEGREES 17 MINUTES | ||||||
25 | 03 SECONDS EAST ALONG A LINE 10.00 FEET NORTH OF AND PARALLEL |
| |||||||
| |||||||
1 | WITH SAID SOUTH LINE OF LOT 1, A DISTANCE OF 81.86 FEET; THENCE | ||||||
2 | SOUTH 38 DEGREES 53 MINUTES 10 SECONDS WEST, 15.43 FEET TO THE | ||||||
3 | PLACE OF BEGINNING. | ||||||
4 | SAID PARCEL CONTAINING 0.017 ACRES, MORE OR LESS.
| ||||||
5 | Route: C.H.4 Cedar Road | ||||||
6 | Section: 20-00051-09-CH | ||||||
7 | County: Will | ||||||
8 | Parcel No: IL T0002TE-B | ||||||
9 | Station: 111+24.53 to 111+97.97 | ||||||
10 | Index No.: 15-08-09-402-027 | ||||||
11 | THAT PART OF LOT 1 IN SHELDON HAUCKS' SUBDIVISION, BEING A | ||||||
12 | SUBDIVISION OF PART OF THE SOUTHEAST QUARTER OF THE SOUTHEAST | ||||||
13 | QUARTER OF SECTION 9, TOWNSHIP 35 NORTH, RANGE 11 EAST OF THE | ||||||
14 | THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF | ||||||
15 | RECORDED JULY 30, 1955 AS DOCUMENT NUMBER 778985, IN WILL | ||||||
16 | COUNTY, ILLINOIS, BEARINGS AND DISTANCES BASED ON THE ILLINOIS | ||||||
17 | STATE PLANE COORDINATE SYSTEM, EAST ZONE, NAD83 (2011 | ||||||
18 | ADJUSTMENT), WITH A COMBINED FACTOR OF 0.9999586959; DESCRIBED | ||||||
19 | AS FOLLOWS: | ||||||
20 | COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 1; THENCE NORTH | ||||||
21 | 01 DEGREES 30 MINUTES 42 SECONDS WEST ALONG THE EAST LINE OF | ||||||
22 | SAID LOT 1, ALSO BEING THE WEST LINE OF CEDAR ROAD, BEING A | ||||||
23 | LINE 50 FEET WEST OF AND PARALLEL WITH THE EAST LINE OF SAID | ||||||
24 | SOUTHEAST QUARTER, A DISTANCE OF 50.00 FEET FOR THE PLACE OF | ||||||
25 | BEGINNING; THENCE SOUTH 38 DEGREES 53 MINUTES 10 SECONDS WEST, |
| |||||||
| |||||||
1 | 15.43 FEET; THENCE NORTH 01 DEGREES 30 MINUTES 42 SECONDS WEST | ||||||
2 | ALONG A LINE 10.00 FEET WEST OF AND PARALLEL WITH SAID WEST | ||||||
3 | LINE OF CEDAR ROAD, A DISTANCE OF 73.44 FEET; THENCE NORTH 88 | ||||||
4 | DEGREES 29 MINUTES 18 SECONDS EAST, 10.00 FEET TO SAID WEST | ||||||
5 | LINE OF CEDAR ROAD; THENCE SOUTH 01 DEGREES 30 MINUTES 42 | ||||||
6 | SECONDS EAST ALONG SAID WEST LINE OF CEDAR ROAD, A DISTANCE OF | ||||||
7 | 61.69 FEET TO THE PLACE OF BEGINNING. | ||||||
8 | SAID PARCEL CONTAINING 0.015 ACRES, MORE OR LESS.
| ||||||
9 | Route: C.H.4 Cedar Road | ||||||
10 | Section: 20-00051-09-CH | ||||||
11 | County: Will | ||||||
12 | Parcel No: IL T0003 | ||||||
13 | Station: 110+82.35 to 111+62.35 | ||||||
14 | Index No.: 15-08-10-300-040 | ||||||
15 | THAT PART OF LOT 9 IN ARTHUR T. MCINTOSH AND COMPANY'S NEW | ||||||
16 | LENOX ACRES, A SUBDIVISION IN SECTIONS 10 AND 15, TOWNSHIP 35 | ||||||
17 | NORTH, AND RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, | ||||||
18 | ACCORDING TO THE PLAT THEREOF RECORDED JULY 16, 1927 AS | ||||||
19 | DOCUMENT 408969, IN WILL COUNTY, ILLINOIS, BEARINGS AND | ||||||
20 | DISTANCES BASED ON THE ILLINOIS STATE PLANE COORDINATE SYSTEM, | ||||||
21 | EAST ZONE, NAD83 (2011 ADJUSTMENT) WITH A COMBINED FACTOR OF | ||||||
22 | 0.9999586959 DESCRIBED AS FOLLOWS: | ||||||
23 | BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 9; THENCE NORTH | ||||||
24 | 01 DEGREES 30 MINUTES 42 SECONDS WEST ALONG THE WEST LINE OF | ||||||
25 | SAID LOT 9, BEING ALSO THE EAST RIGHT-OF-WAY LINE OF CEDAR |
| |||||||
| |||||||
1 | ROAD, 80.00 FEET; THENCE SOUTH 26 DEGREES 23 MINUTES 36 | ||||||
2 | SECONDS EAST, 82.17 FEET TO THE SOUTH LINE OF SAID LOT 9, BEING | ||||||
3 | ALSO THE NORTH RIGHT-OF-WAY LINE OF FRANCIS ROAD; THENCE SOUTH | ||||||
4 | 79 DEGREES 30 MINUTES 57 SECONDS WEST ALONG SAID SOUTH LINE OF | ||||||
5 | LOT 9, A DISTANCE OF 35.00 FEET TO THE PLACE OF BEGINNING. | ||||||
6 | SAID PARCEL CONTAINING 0.032 ACRES, MORE OR LESS. | ||||||
7 | REVISION DATE: 05-26-2022
| ||||||
8 | Route: C.H.4 Cedar Road | ||||||
9 | Section: 20-00051-09-CH | ||||||
10 | County: Will | ||||||
11 | Parcel No: IL T0003PE | ||||||
12 | Station: 111+51.57 to 114+33.66 | ||||||
13 | Index No.: 15-08-10-300-040 | ||||||
14 | THAT PART OF LOTS 8 AND 9, IN ARTHUR T. MCINTOSH AND COMPANY'S | ||||||
15 | NEW LENOX ACRES, A SUBDIVISION IN SECTIONS 10 AND 15, TOWNSHIP | ||||||
16 | 35 NORTH, AND RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, | ||||||
17 | ACCORDING TO THE PLAT THEREOF RECORDED JULY 16, 1927 AS | ||||||
18 | DOCUMENT 408969, IN WILL COUNTY, ILLINOIS, BEARINGS AND | ||||||
19 | DISTANCES BASED ON THE ILLINOIS STATE PLANE COORDINATE SYSTEM, | ||||||
20 | EAST ZONE, NAD83 (2011 ADJUSTMENT) WITH A COMBINED FACTOR OF | ||||||
21 | 0.9999586959 DESCRIBED AS FOLLOWS: | ||||||
22 | COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 9; THENCE NORTH | ||||||
23 | 01 DEGREES 30 MINUTES 42 SECONDS WEST ALONG THE WEST LINE OF | ||||||
24 | SAID LOT 9, BEING ALSO THE EAST RIGHT-OF-WAY LINE OF CEDAR | ||||||
25 | ROAD, 80.00 FEET FOR THE PLACE OF BEGINNING; THENCE CONTINUING |
| |||||||
| |||||||
1 | NORTH 01 DEGREES 30 MINUTES 42 SECONDS WEST ALONG SAID WEST | ||||||
2 | LINES OF LOT 9 AND LOT 8, A DISTANCE OF 271.27 FEET TO THE | ||||||
3 | SOUTH LINE OF THE NORTH 100 FEET OF SAID LOT 8; THENCE NORTH 88 | ||||||
4 | DEGREES 19 MINUTES 08 SECONDS EAST ALONG SAID SOUTH LINE, | ||||||
5 | 17.00 FEET; THENCE SOUTH 01 DEGREES 30 MINUTES 42 SECONDS | ||||||
6 | EAST, 7.00 FEET; THENCE SOUTH 88 DEGREES 19 MINUTES 08 SECONDS | ||||||
7 | WEST, 12.00 FEET; THENCE SOUTH 01 DEGREES 30 MINUTES 42 | ||||||
8 | SECONDS EAST ALONG A LINE 5.00 FEET EAST OF AND PARALLEL WITH | ||||||
9 | THE WEST LINE OF SAID LOT 9, A DISTANCE OF 275.06 FEET; THENCE | ||||||
10 | NORTH 26 DEGREES 23 MINUTES 36 SECONDS WEST, 11.88 FEET TO THE | ||||||
11 | PLACE OF BEGINNING. | ||||||
12 | SAID PARCEL CONTAINING 0.034 ACRES, MORE OR LESS. | ||||||
13 | REVISION DATE: 05-26-2022
| ||||||
14 | Route: C.H.4 Cedar Road | ||||||
15 | Section: 20-00051-09-CH | ||||||
16 | County: Will | ||||||
17 | Parcel No: IL T0003TE | ||||||
18 | Station: 110+87.81 to 114+26.66 | ||||||
19 | Index No.: 15-08-10-300-040 | ||||||
20 | THAT PART OF LOTS 8 AND 9, IN ARTHUR T. MCINTOSH AND COMPANY'S | ||||||
21 | NEW LENOX ACRES, A SUBDIVISION IN SECTIONS 10 AND 15, TOWNSHIP | ||||||
22 | 35 NORTH, AND RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, | ||||||
23 | ACCORDING TO THE PLAT THEREOF RECORDED JULY 16, 1927 AS | ||||||
24 | DOCUMENT 408969, IN WILL COUNTY, ILLINOIS, BEARINGS AND | ||||||
25 | DISTANCES BASED ON THE ILLINOIS STATE PLANE COORDINATE SYSTEM, |
| |||||||
| |||||||
1 | EAST ZONE, NAD83 (2011 ADJUSTMENT) WITH A COMBINED FACTOR OF | ||||||
2 | 0.9999586959 DESCRIBED AS FOLLOWS: | ||||||
3 | COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 9; THENCE NORTH | ||||||
4 | 01 DEGREES 30 MINUTES 42 SECONDS WEST ALONG THE WEST LINE OF | ||||||
5 | SAID LOT 9, BEING ALSO THE EAST RIGHT-OF-WAY LINE OF CEDAR | ||||||
6 | ROAD, 80.00 FEET; THENCE SOUTH 26 DEGREES 23 MINUTES 36 | ||||||
7 | SECONDS EAST, 11.88 FEET FOR THE PLACE OF BEGINNING; THENCE | ||||||
8 | NORTH 01 DEGREES 30 MINUTES 42 SECONDS WEST ALONG A LINE 5.00 | ||||||
9 | FEET EAST OF AND PARALLEL WITH SAID WEST LINES OF LOT 9 AND LOT | ||||||
10 | 8, A DISTANCE OF 275.06 FEET; THENCE NORTH 88 DEGREES 19 | ||||||
11 | MINUTES 08 SECONDS EAST, 12.00 FEET; THENCE SOUTH 01 DEGREES | ||||||
12 | 30 MINUTES 42 SECONDS EAST ALONG A LINE 17.00 FEET EAST OF AND | ||||||
13 | PARALLEL WITH THE WEST LINE OF SAID LOT 9, A DISTANCE OF 257.47 | ||||||
14 | FEET; THENCE SOUTH 26 DEGREES 23 MINUTES 36 SECONDS EAST, | ||||||
15 | 76.04 FEET; THENCE NORTH 79 DEGREES 30 MINUTES 57 SECONDS EAST | ||||||
16 | ALONG A LINE 10.00 FEET NORTH OF AND PARALLEL WITH THE SOUTH | ||||||
17 | LINE OF SAID LOT 9, BEING ALSO THE NORTH RIGHT-OF-WAY LINE OF | ||||||
18 | FRANCIS ROAD, 198.02 FEET; THENCE SOUTH 02 DEGREE 14 MINUTES | ||||||
19 | 14 SECONDS EAST, 10.10 FEET TO SAID SOUTH LINE OF LOT 9; THENCE | ||||||
20 | SOUTH 79 DEGREES 30 MINUTES 57 SECONDS WEST ALONG SAID SOUTH | ||||||
21 | LINE OF LOT 9, A DISTANCE OF 212.75 FEET; THENCE NORTH 26 | ||||||
22 | DEGREES 23 MINUTES 36 SECONDS WEST, 70.28 FEET TO THE PLACE OF | ||||||
23 | BEGINNING. | ||||||
24 | SAID PARCEL CONTAINING 0.151 ACRES, MORE OR LESS. | ||||||
25 | REVISION DATE: 05-26-2022
|
| |||||||
| |||||||
1 | Route: C.H. 64 Francis Road | ||||||
2 | Section: 20-00051-09-CH | ||||||
3 | County: Will | ||||||
4 | Parcel No: IL T0004 | ||||||
5 | Station: 213+68.59 to 214+69.31 | ||||||
6 | Index No.: 15-08-10-300-037 | ||||||
7 | THE SOUTH 5.00 FEET OF THAT PART OF LOT 9 IN ARTHUR T. MCINTOSH | ||||||
8 | AND COMPANY'S NEW LENOX ACRES, A SUBDIVISION IN SECTIONS 10 | ||||||
9 | AND 15, TOWNSHIP 35 NORTH, AND RANGE 11 EAST OF THE THIRD | ||||||
10 | PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED | ||||||
11 | JULY 16, 1927 AS DOCUMENT 408969, IN WILL COUNTY, ILLINOIS, | ||||||
12 | BEARINGS AND DISTANCES BASED ON THE ILLINOIS STATE PLANE | ||||||
13 | COORDINATE SYSTEM, EAST ZONE, NAD83 (2011 ADJUSTMENT) WITH A | ||||||
14 | COMBINED FACTOR OF 0.9999586959 DESCRIBED AS FOLLOWS: | ||||||
15 | COMMENCING AT THE SOUTHEASTERLY CORNER OF SAID LOT 9 AND | ||||||
16 | RUNNING SOUTHWESTERLY ALONG THE SOUTHERLY LINE OF SAID LOT 9, | ||||||
17 | 311.53 FEET TO THE POINT OF BEGINNING; THENCE NORTH 175 FEET, | ||||||
18 | THENCE SOUTHWESTERLY ON A LINE PARALLEL WITH THE SOUTHERLY | ||||||
19 | LINE OF SAID LOT 9, 100 FEET, THENCE SOUTH 175 FEET TO THE | ||||||
20 | SOUTHERLY LINE OF SAID LOT 9, THENCE NORTHEASTERLY ALONG THE | ||||||
21 | SOUTHERLY LINE OF SAID LOT 9, 100 FEET TO THE POINT OF | ||||||
22 | BEGINNING. | ||||||
23 | SAID PARCEL CONTAINING 0.011 ACRES, MORE OR LESS. | ||||||
24 | REVISION DATE: 05-26-2022
| ||||||
25 | Route: C.H. 64 Francis Road |
| |||||||
| |||||||
1 | Section: 20-00051-09-CH | ||||||
2 | County: Will | ||||||
3 | Parcel No: IL T0005 | ||||||
4 | Station: 214+68.59 to 215+00.84 | ||||||
5 | Index No.: 15-08-10-300-047 | ||||||
6 | THE SOUTHERLY 5 FEET (MEASURING 31.53 FEET) OF LOT 9 OF THAT | ||||||
7 | PART OF LOTS 8 AND 9 IN ARTHUR T. MCINTOSH AND COMPANY'S NEW | ||||||
8 | LENOX ACRES, A SUBDIVISION IN SECTIONS 10 AND 15, TOWNSHIP 35 | ||||||
9 | NORTH, AND RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, | ||||||
10 | ACCORDING TO THE PLAT THEREOF RECORDED JULY 16, 1927 AS | ||||||
11 | DOCUMENT 408969, IN WILL COUNTY, ILLINOIS, BEARINGS AND | ||||||
12 | DISTANCES BASED ON THE ILLINOIS STATE PLANE COORDINATE SYSTEM, | ||||||
13 | EAST ZONE, NAD83 (2011 ADJUSTMENT) WITH A COMBINED FACTOR OF | ||||||
14 | 0.9999586959 DESCRIBED AS FOLLOWS: | ||||||
15 | BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 8; THENCE SOUTH | ||||||
16 | ALONG THE EAST LINE OF SAID LOTS 8 AND 9 TO A POINT 175 FEET | ||||||
17 | NORTH OF THE SOUTHEAST CORNER OF SAID LOT 9; THENCE | ||||||
18 | SOUTHWESTERLY 280 FEET PARALLEL WITH THE SOUTHWESTERLY LINE OF | ||||||
19 | SAID LOT 9; THENCE SOUTH 175 FEET PARALLEL WITH SAID EAST LINE | ||||||
20 | TO THE SOUTHERLY LINE OF SAID LOT 9; THENCE SOUTHWESTERLY | ||||||
21 | 31.53 FEET ALONG SAID SOUTHERLY LINE; THENCE NORTH 175 FEET | ||||||
22 | PARALLEL WITH SAID EAST LINE; THENCE SOUTHWESTERLY 100 FEET | ||||||
23 | PARALLEL WITH SAID SOUTHERLY LINE; THENCE NORTH PARALLEL WITH | ||||||
24 | SAID EAST LINE TO A POINT 100 FEET SOUTH OF THE NORTH LINE OF | ||||||
25 | SAID LOT 8; THENCE WEST PARALLEL WITH SAID NORTH LINE TO A | ||||||
26 | POINT 175 FEET EAST OF THE WEST LINE OF SAID LOT 8; THENCE |
| |||||||
| |||||||
1 | NORTH 100 FEET PARALLEL WITH SAID WEST LINE TO THE NORTH LINE | ||||||
2 | OF SAID LOT 8; THENCE EAST ALONG SAID NORTH LINE TO THE POINT | ||||||
3 | OF BEGINNING, IN WILL COUNTY, ILLINOIS. | ||||||
4 | SAID PARCEL CONTAINING 0.004 ACRES (158 SQUARE FEET), MORE OR | ||||||
5 | LESS.
| ||||||
6 | Route: C.H. 64 Francis Road | ||||||
7 | Section: 20-00051-09-CH | ||||||
8 | County: Will | ||||||
9 | Parcel No: IL T0005TE | ||||||
10 | Station: 214+69.31 to 215+02.29 | ||||||
11 | Index No.: 15-08-10-300-047 | ||||||
12 | THE NORTHERLY 10 FEET OF THE SOUTHERLY 15 FEET (MEASURING | ||||||
13 | 31.53 FEET) OF LOT 9 OF THAT PART OF LOTS 8 AND 9 IN ARTHUR T. | ||||||
14 | MCINTOSH AND COMPANY'S NEW LENOX ACRES, A SUBDIVISION IN | ||||||
15 | SECTIONS 10 AND 15, TOWNSHIP 35 NORTH, AND RANGE 11 EAST OF THE | ||||||
16 | THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF | ||||||
17 | RECORDED JULY 16, 1927 AS DOCUMENT 408969, IN WILL COUNTY, | ||||||
18 | ILLINOIS, BEARINGS AND DISTANCES BASED ON THE ILLINOIS STATE | ||||||
19 | PLANE COORDINATE SYSTEM, EAST ZONE, NAD83 (2011 ADJUSTMENT) | ||||||
20 | WITH A COMBINED FACTOR OF 0.9999586959 DESCRIBED AS FOLLOWS: | ||||||
21 | BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 8; THENCE SOUTH | ||||||
22 | ALONG THE EAST LINE OF SAID LOTS 8 AND 9 TO A POINT 175 FEET | ||||||
23 | NORTH OF THE SOUTHEAST CORNER OF SAID LOT 9; THENCE | ||||||
24 | SOUTHWESTERLY 280 FEET PARALLEL WITH THE SOUTHWESTERLY LINE OF | ||||||
25 | SAID LOT 9; THENCE SOUTH 175 FEET PARALLEL WITH SAID EAST LINE |
| |||||||
| |||||||
1 | TO THE SOUTHERLY LINE OF SAID LOT 9; THENCE SOUTHWESTERLY | ||||||
2 | 31.53 FEET ALONG SAID SOUTHERLY LINE; THENCE NORTH 175 FEET | ||||||
3 | PARALLEL WITH SAID EAST LINE; THENCE SOUTHWESTERLY 100 FEET | ||||||
4 | PARALLEL WITH SAID SOUTHERLY LINE; THENCE NORTH PARALLEL WITH | ||||||
5 | SAID EAST LINE TO A POINT 100 FEET SOUTH OF THE NORTH LINE OF | ||||||
6 | SAID LOT 8; THENCE WEST PARALLEL WITH SAID NORTH LINE TO A | ||||||
7 | POINT 175 FEET EAST OF THE WEST LINE OF SAID LOT 8; THENCE | ||||||
8 | NORTH 100 FEET PARALLEL WITH SAID WEST LINE TO THE NORTH LINE | ||||||
9 | OF SAID LOT 8; THENCE EAST ALONG SAID NORTH LINE TO THE POINT | ||||||
10 | OF BEGINNING, IN WILL COUNTY, ILLINOIS. | ||||||
11 | SAID PARCEL CONTAINING 0.007 ACRES (315 SQUARE FEET), MORE OR | ||||||
12 | LESS. | ||||||
13 | REVISION DATE: 06-30-2022
| ||||||
14 | Route: C.H. 64 Francis Road | ||||||
15 | Section: 20-00051-09-CH | ||||||
16 | County: Will | ||||||
17 | Parcel No: IL T0006 | ||||||
18 | Station: 215+80.12 to 216+71.09 | ||||||
19 | Index No.: 15-08-10-300-014 | ||||||
20 | THE SOUTH 5.00 FEET OF THAT PART OF LOT 9 IN ARTHUR T. MCINTOSH | ||||||
21 | AND COMPANY'S NEW LENOX ACRES, A SUBDIVISION IN SECTIONS 10 | ||||||
22 | AND 15, TOWNSHIP 35 NORTH, AND RANGE 11 EAST OF THE THIRD | ||||||
23 | PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED | ||||||
24 | JULY 16, 1927 AS DOCUMENT 408969, IN WILL COUNTY, ILLINOIS, | ||||||
25 | BEARINGS AND DISTANCES BASED ON THE ILLINOIS STATE PLANE |
| |||||||
| |||||||
1 | COORDINATE SYSTEM, EAST ZONE, NAD83 (2011 ADJUSTMENT) WITH A | ||||||
2 | COMBINED FACTOR OF 0.9999586959 DESCRIBED AS FOLLOWS: | ||||||
3 | BEGINNING 110 FEET WESTERLY OF THE SOUTHEAST CORNER OF LOT 9 ON | ||||||
4 | THE SOUTHERLY LINE OF SAID LOT 9; THENCE CONTINUING WESTERLY | ||||||
5 | ALONG SAID SOUTHERLY LINE 90 FEET; THENCE NORTH 175 FEET TO A | ||||||
6 | POINT; THENCE EASTERLY ALONG A LINE PARALLEL TO SAID SOUTHERLY | ||||||
7 | LINE 90 FEET; THENCE SOUTH 175 FEET TO THE POINT OF BEGINNING. | ||||||
8 | SAID PARCEL CONTAINING 0.010 ACRES (451 SQUARE FEET), MORE OR | ||||||
9 | LESS. | ||||||
10 | REVISION DATE: 06-30-2022
| ||||||
11 | Route: C.H. 64 Francis Road | ||||||
12 | Section: 20-00051-09-CH | ||||||
13 | County: Will | ||||||
14 | Parcel No: IL T0006TE | ||||||
15 | Station: 215+80.84 to 216+15.15 | ||||||
16 | Index No.: 15-08-10-300-014 | ||||||
17 | THAT PART OF LOT 9 IN ARTHUR T. MCINTOSH AND COMPANY'S NEW | ||||||
18 | LENOX ACRES, A SUBDIVISION IN SECTIONS 10 AND 15, TOWNSHIP 35 | ||||||
19 | NORTH, AND RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, | ||||||
20 | ACCORDING TO THE PLAT THEREOF RECORDED JULY 16, 1927 AS | ||||||
21 | DOCUMENT 408969, IN WILL COUNTY, ILLINOIS, BEARINGS AND | ||||||
22 | DISTANCES BASED ON THE ILLINOIS STATE PLANE COORDINATE SYSTEM, | ||||||
23 | EAST ZONE, NAD83 (2011 ADJUSTMENT) WITH A COMBINED FACTOR OF | ||||||
24 | 0.9999586959 DESCRIBED AS FOLLOWS: | ||||||
25 | COMMENCING 200 FEET WESTERLY OF THE SOUTHEAST CORNER OF SAID |
| |||||||
| |||||||
1 | LOT 9 ON THE SOUTHERLY LINE OF SAID LOT 9, SAID SOUTHERLY LINE | ||||||
2 | BEARING SOUTH 79 DEGREES 30 MINUTES 57 SECONDS EAST; THENCE | ||||||
3 | NORTH 02 DEGREES 14 MINUTES 14 SECONDS WEST, 5.05 FEET FOR THE | ||||||
4 | PLACE OF BEGINNING; THENCE CONTINUING NORTH 02 DEGREES 14 | ||||||
5 | MINUTES 14 SECONDS WEST, 10.10 FEET; THENCE NORTH 79 DEGREES | ||||||
6 | 30 MINUTES 57 SECONDS EAST ALONG A LINE 15.00 FEET NORTH OF AND | ||||||
7 | PARALLEL WITH SAID SOUTHERLY LINE OF LOT 9, A DISTANCE OF 32.85 | ||||||
8 | FEET; THENCE SOUTH 10 DEGREES 29 MINUTES 03 SECONDS EAST, | ||||||
9 | 10.00 FEET; THENCE SOUTH 79 DEGREES 30 MINUTES 57 SECONDS EAST | ||||||
10 | ALONG A LINE 5.00 FEET NORTH OF AND PARALLEL WITH SAID | ||||||
11 | SOUTHERLY LINE OF LOT 9, A DISTANCE OF 34.30 FEET TO THE PLACE | ||||||
12 | OF BEGINNING. | ||||||
13 | SAID PARCEL CONTAINING 0.008 ACRES (336 SQUARE FEET), MORE OR | ||||||
14 | LESS.
| ||||||
15 | Route: C.H. 64 Francis Road | ||||||
16 | Section: 20-00051-09-CH | ||||||
17 | County: Will | ||||||
18 | Parcel No: IL T0007 | ||||||
19 | Station: 216+70.37 to 217+81.42 | ||||||
20 | Index No.: 15-08-10-300-038 | ||||||
21 | THE SOUTH 5.00 FEET OF THAT PART OF LOT 9 IN ARTHUR T. MCINTOSH | ||||||
22 | AND COMPANY'S NEW LENOX ACRES, A SUBDIVISION IN SECTIONS 10 | ||||||
23 | AND 15, TOWNSHIP 35 NORTH, AND RANGE 11 EAST OF THE THIRD | ||||||
24 | PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED | ||||||
25 | JULY 16, 1927 AS DOCUMENT 408969, IN WILL COUNTY, ILLINOIS, |
| |||||||
| |||||||
1 | BEARINGS AND DISTANCES BASED ON THE ILLINOIS STATE PLANE | ||||||
2 | COORDINATE SYSTEM, EAST ZONE, NAD83 (2011 ADJUSTMENT) WITH A | ||||||
3 | COMBINED FACTOR OF 0.9999586959 DESCRIBED AS FOLLOWS: | ||||||
4 | COMMENCING AT THE SOUTHEAST CORNER OF LOT 9; THENCE NORTH | ||||||
5 | ALONG THE EAST LINE OF SAID LOT 9, A DISTANCE OF 175 FEET; | ||||||
6 | THENCE WESTERLY 110 FEET ON A LINE PARALLEL WITH THE SOUTH LINE | ||||||
7 | OF LOT 9 TO A POINT; THENCE SOUTH 175 FEET TO A POINT ON THE | ||||||
8 | SOUTHERLY LINE OF SAID LOT 9 THAT IS 110 FEET WESTERLY OF THE | ||||||
9 | SOUTHEAST CORNER OF SAID LOT 9; THENCE EASTERLY 110 FEET TO THE | ||||||
10 | POINT OF BEGINNING. | ||||||
11 | SAID PARCEL CONTAINING 0.013 ACRES, MORE OR LESS. | ||||||
12 | REVISION DATE: 06-30-2022
| ||||||
13 | Route: C.H.64 Francis Road | ||||||
14 | Section: 20-00051-09-CH | ||||||
15 | County: Will | ||||||
16 | Parcel No: IL T0008 | ||||||
17 | Station: 217+80.66 to 218+48.30 | ||||||
18 | Index No.: 15-08-10-300-044 | ||||||
19 | THAT PART OF LOT 32 IN ARTHUR T. MCINTOSH AND COMPANY'S NEW | ||||||
20 | LENOX ACRES, A SUBDIVISION IN SECTIONS 10 AND 15, TOWNSHIP 35 | ||||||
21 | NORTH, AND RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, | ||||||
22 | ACCORDING TO THE PLAT THEREOF RECORDED JULY 16, 1927 AS | ||||||
23 | DOCUMENT 408969, IN WILL COUNTY, ILLINOIS, BEARINGS AND | ||||||
24 | DISTANCES BASED ON THE ILLINOIS STATE PLANE COORDINATE SYSTEM, | ||||||
25 | EAST ZONE, NAD83 (2011 ADJUSTMENT) WITH A COMBINED FACTOR OF |
| |||||||
| |||||||
1 | 0.9999586959 DESCRIBED AS FOLLOWS: | ||||||
2 | BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 32; THENCE NORTH | ||||||
3 | 01 DEGREES 30 MINUTES 42 SECONDS WEST ALONG THE WEST LINE OF | ||||||
4 | SAID LOT 32, A DISTANCE OF 5.06 FEET; THENCE NORTH 79 DEGREES | ||||||
5 | 30 MINUTES 57 SECONDS EAST ALONG A LINE 5.00 FEET NORTH OF AND | ||||||
6 | PARALLEL WITH THE SOUTH LINE OF SAID LOT 32, A DISTANCE OF | ||||||
7 | 66.85 FEET; THENCE SOUTH 01 DEGREES 34 MINUTES 09 SECONDS | ||||||
8 | EAST, 5.06 FEET TO THE SOUTH LINE OF SAID LOT 32; THENCE SOUTH | ||||||
9 | 79 DEGREES 30 MINUTES 57 SECONDS WEST ALONG SAID SOUTH LINE OF | ||||||
10 | LOT 32, ALSO BEING THE NORTH RIGHT-OF-WAY LINE OF FRANCIS | ||||||
11 | ROAD, 66.85 FEET TO THE PLACE OF BEGINNING. | ||||||
12 | SAID PARCEL CONTAINING 0.008 ACRES (334 SQUARE FEET), MORE OR | ||||||
13 | LESS. | ||||||
14 | REVISION DATE: 05-26-2022
| ||||||
15 | Route: C.H.64 Francis Road | ||||||
16 | Section: 20-00051-09-CH | ||||||
17 | County: Will | ||||||
18 | Parcel No: IL T0009 | ||||||
19 | Station: 218+47.52 to 218+96.30 | ||||||
20 | Index No.: 15-08-10-300-022 | ||||||
21 | THE SOUTH 5.00 FEET OF THAT PART OF LOT 32 IN ARTHUR T. | ||||||
22 | MCINTOSH AND COMPANY'S NEW LENOX ACRES, A SUBDIVISION IN | ||||||
23 | SECTIONS 10 AND 15, TOWNSHIP 35 NORTH, AND RANGE 11 EAST OF THE | ||||||
24 | THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF | ||||||
25 | RECORDED JULY 16, 1927 AS DOCUMENT 408969, IN WILL COUNTY, |
| |||||||
| |||||||
1 | ILLINOIS, BEARINGS AND DISTANCES BASED ON THE ILLINOIS STATE | ||||||
2 | PLANE COORDINATE SYSTEM, EAST ZONE, NAD83 (2011 ADJUSTMENT) | ||||||
3 | WITH A COMBINED FACTOR OF 0.9999586959 DESCRIBED AS FOLLOWS: | ||||||
4 | THE WEST 112.25 FEET, EXCEPT THE NORTH 300 FEET AND EXCEPT THE | ||||||
5 | WEST 62.25 FEET THEREOF, OF SAID LOT 32. | ||||||
6 | SAID PARCEL CONTAINING 0.006 ACRES (240 SQUARE FEET), MORE OR | ||||||
7 | LESS. | ||||||
8 | REVISION DATE: 05-26-2022
| ||||||
9 | Route: C.H.4 Cedar Road | ||||||
10 | Section: 20-00051-09-CH | ||||||
11 | County: Will | ||||||
12 | Parcel No: IL T0010 | ||||||
13 | Station: 123+28.62 to 126+13.30 | ||||||
14 | Index No.: 15-08-10-300-060 | ||||||
15 | THAT PART OF LOTS 1 AND 2 IN ARTHUR T. MCINTOSH'S NEW LENOX | ||||||
16 | ACRES, BEING A SUBDIVISION OF THE SOUTHWEST QUARTER OF SECTION | ||||||
17 | 10 AND PART OF THE NORTHWEST QUARTER OF SECTION 15, TOWNSHIP 35 | ||||||
18 | NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, | ||||||
19 | ACCORDING TO THE PLAT THEREOF RECORDED JULY 16, 1927 AS | ||||||
20 | DOCUMENT NUMBER 408969, IN WILL COUNTY, ILLINOIS, BEARINGS AND | ||||||
21 | DISTANCES BASED ON THE ILLINOIS STATE PLANE COORDINATE SYSTEM, | ||||||
22 | EAST ZONE, NAD83 (2011 ADJUSTMENT), WITH A COMBINED FACTOR OF | ||||||
23 | 0.9999586959, DESCRIBED AS FOLLOWS: | ||||||
24 | BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 1; THENCE NORTH | ||||||
25 | 88 DEGREES 19 MINUTES 08 SECONDS EAST ALONG THE NORTH LINE OF |
| |||||||
| |||||||
1 | SAID LOT 1, ALSO BEING THE SOUTH RIGHT-OF-WAY LINE OF LENOX | ||||||
2 | STREET, A DISTANCE OF 50.00 FEET; THENCE SOUTH 43 DEGREES 24 | ||||||
3 | MINUTES 13 SECONDS WEST, 46.74 FEET; THENCE SOUTH 01 DEGREES | ||||||
4 | 30 MINUTES 42 SECONDS EAST ALONG A LINE 17.00 FEET EAST OF AND | ||||||
5 | PARALLEL WITH THE WEST LINES OF SAID LOTS 1 AND 2, ALSO BEING | ||||||
6 | THE EAST RIGHT-OF-WAY LINE OF CEDAR ROAD, A DISTANCE OF 251.69 | ||||||
7 | FEET TO THE SOUTH LINE OF LOT 2; THENCE SOUTH 88 DEGREES 19 | ||||||
8 | MINUTES 08 SECONDS WEST ALONG SAID SOUTH LINE, 17.00 FEET TO | ||||||
9 | THE SOUTHWEST CORNER OF SAID LOT 2; THENCE NORTH 01 DEGREES 30 | ||||||
10 | MINUTES 42 SECONDS WEST ALONG SAID WEST LINES OF LOTS 1 AND 2, | ||||||
11 | ALSO BEING SAID RIGHT-OF-WAY LINE, 284.69 FEET TO THE PLACE OF | ||||||
12 | BEGINNING. | ||||||
13 | SAID PARCEL CONTAINING 0.124 ACRES, MORE OR LESS. | ||||||
14 | REVISION DATE: 05-26-2022
| ||||||
15 | Route: C.H.4 Cedar Road | ||||||
16 | Section: 20-00051-09-CH | ||||||
17 | County: Will | ||||||
18 | Parcel No: IL T0012 | ||||||
19 | Station: 123+15.53 to 126+46.31 | ||||||
20 | Index No.: 15-08-09-400-002 | ||||||
21 | THAT PART OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF | ||||||
22 | SECTION 9, TOWNSHIP 35 NORTH, RANGE 11 EAST OF THE THIRD | ||||||
23 | PRINCIPAL MERIDIAN, IN WILL COUNTY, ILLINOIS, BEARINGS AND | ||||||
24 | DISTANCES BASED ON THE ILLINOIS STATE PLANE COORDINATE SYSTEM, | ||||||
25 | EAST ZONE, NAD83 (2011 ADJUSTMENT), WITH A COMBINED FACTOR OF |
| |||||||
| |||||||
1 | 0.9999586959; DESCRIBED AS FOLLOWS: | ||||||
2 | BEGINNING AT THE NORTHEAST CORNER OF SAID SOUTHEAST QUARTER OF | ||||||
3 | SECTION 9; THENCE SOUTH 01 DEGREES 30 MINUTES 42 SECONDS EAST | ||||||
4 | ALONG THE EAST LINE OF SAID SOUTHEAST QUARTER, 330.77 FEET TO | ||||||
5 | THE SOUTH LINE OF THE NORTH HALF OF THE NORTH HALF OF THE | ||||||
6 | NORTHEAST QUARTER OF SAID SOUTHEAST QUARTER; THENCE SOUTH 88 | ||||||
7 | DEGREES 39 MINUTES 31 SECONDS WEST ALONG SAID SOUTH LINE OF THE | ||||||
8 | NORTH HALF OF THE NORTH HALF OF THE NORTHEAST QUARTER OF THE | ||||||
9 | SOUTHEAST QUARTER, 55.00 FEET; THENCE NORTH 01 DEGREES 30 | ||||||
10 | MINUTES 42 SECONDS WEST ALONG A LINE 55.00 FEET WEST OF AND | ||||||
11 | PARALLEL WITH THE EAST LINE OF SAID SOUTHEAST QUARTER, 165.39 | ||||||
12 | FEET; THENCE NORTH 88 DEGREES 39 MINUTES 31 SECONDS EAST | ||||||
13 | PARALLEL WITH SAID SOUTH LINE OF THE NORTH HALF OF THE NORTH | ||||||
14 | HALF OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER, 22.00 | ||||||
15 | FEET; THENCE NORTH 01 DEGREES 30 MINUTES 42 SECONDS WEST ALONG | ||||||
16 | A LINE 33.00 FEET WEST OF AND PARALLEL WITH THE EAST LINE OF | ||||||
17 | SAID SOUTHEAST QUARTER, 165.37 FEET TO THE NORTH LINE OF SAID | ||||||
18 | SOUTHEAST QUARTER; THENCE NORTH 88 DEGREES 37 MINUTES 32 | ||||||
19 | SECONDS EAST ALONG THE NORTH LINE OF SAID SOUTHEAST QUARTER, | ||||||
20 | 33.00 FEET TO THE PLACE OF BEGINNING, IN WILL COUNTY, | ||||||
21 | ILLINOIS. | ||||||
22 | SAID PARCEL CONTAINING 0.333 ACRES, MORE OR LESS, OF WHICH | ||||||
23 | 0.250 ACRES, MORE OR LESS, WAS PREVIOUSLY USED FOR ROADWAY | ||||||
24 | PURPOSES. | ||||||
25 | REVISION DATE: 05-26-2022 | ||||||
26 | REVISION DATE: 06-30-2022
|
| |||||||
| |||||||
1 | Route: C.H.4 Cedar Road | ||||||
2 | Section: 20-00051-09-CH | ||||||
3 | County: Will | ||||||
4 | Parcel No: IL T0012TE | ||||||
5 | Station: 124+80.92 to 126+46.32 | ||||||
6 | Index No.: 15-08-09-400-002 | ||||||
7 | THAT PART OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF | ||||||
8 | SECTION 9, TOWNSHIP 35 NORTH, RANGE 11 EAST OF THE THIRD | ||||||
9 | PRINCIPAL MERIDIAN, IN WILL COUNTY, ILLINOIS, BEARINGS AND | ||||||
10 | DISTANCES BASED ON THE ILLINOIS STATE PLANE COORDINATE SYSTEM, | ||||||
11 | EAST ZONE, NAD83 (2011 ADJUSTMENT), WITH A COMBINED FACTOR OF | ||||||
12 | 0.9999586959; DESCRIBED AS FOLLOWS: | ||||||
13 | THE WEST 5.00 FEET OF THE EAST 38.00 FEET OF THE NORTH HALF OF | ||||||
14 | THE NORTH HALF OF SAID NORTHEAST QUARTER OF THE SOUTHEAST | ||||||
15 | QUARTER (EXCEPT THE SOUTH 165.39 FEET THEREOF), IN WILL | ||||||
16 | COUNTY, ILLINOIS. | ||||||
17 | SAID PARCEL CONTAINING 0.019 ACRES, MORE OR LESS.
| ||||||
18 | Route: C.H.4 Cedar Road | ||||||
19 | Section: 20-00051-09-CH | ||||||
20 | County: Will | ||||||
21 | Parcel No: IL T0013TE | ||||||
22 | Station: 122+32.87 to 123+15.61 | ||||||
23 | Index No.: 15-08-09-400-003 | ||||||
24 | THAT PART OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF |
| |||||||
| |||||||
1 | SECTION 9, TOWNSHIP 35 NORTH, RANGE 11 EAST OF THE THIRD | ||||||
2 | PRINCIPAL MERIDIAN, IN WILL COUNTY, ILLINOIS, BEARINGS AND | ||||||
3 | DISTANCES BASED ON THE ILLINOIS STATE PLANE COORDINATE SYSTEM, | ||||||
4 | EAST ZONE, NAD83 (2011 ADJUSTMENT), WITH A COMBINED FACTOR OF | ||||||
5 | 0.9999586959; DESCRIBED AS FOLLOWS: | ||||||
6 | THE WEST 10.00 FEET OF THE EAST 43.00 FEET OF THE NORTH QUARTER | ||||||
7 | OF THE SOUTH HALF OF THE NORTH HALF OF SAID NORTHEAST QUARTER | ||||||
8 | OF THE SOUTHEAST QUARTER, IN WILL COUNTY, ILLINOIS. | ||||||
9 | SAID PARCEL CONTAINING 0.019 ACRES, MORE OR LESS.
| ||||||
10 | Route: C.H.4 Cedar Road | ||||||
11 | Section: 20-00051-09-CH | ||||||
12 | County: Will | ||||||
13 | Parcel No: IL T0014TE | ||||||
14 | Station: 121+69.62 to 123+28.62 | ||||||
15 | Index No.: 15-08-10-300-061 | ||||||
16 | THE WEST 5.00 FEET OF LOT 3 IN ARTHUR T. MCINTOSH'S NEW LENOX | ||||||
17 | ACRES, BEING A SUBDIVISION OF THE SOUTHWEST QUARTER OF SECTION | ||||||
18 | 10 AND PART OF THE NORTHWEST QUARTER OF SECTION 15, TOWNSHIP 35 | ||||||
19 | NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, | ||||||
20 | ACCORDING TO THE PLAT THEREOF RECORDED JULY 16, 1927 AS | ||||||
21 | DOCUMENT NUMBER 408969, IN WILL COUNTY, ILLINOIS, BEARINGS AND | ||||||
22 | DISTANCES BASED ON THE ILLINOIS STATE PLANE COORDINATE SYSTEM, | ||||||
23 | EAST ZONE, NAD83 (2011 ADJUSTMENT), WITH A COMBINED FACTOR OF | ||||||
24 | 0.9999586959. | ||||||
25 | SAID PARCEL CONTAINING 0.018 ACRES, MORE OR LESS. |
| |||||||
| |||||||
1 | REVISION DATE: 05-26-2022
| ||||||
2 | Route: C.H.4 Cedar Road | ||||||
3 | Section: 20-00051-09-CH | ||||||
4 | County: Will | ||||||
5 | Parcel No: IL T0015TE | ||||||
6 | Station: 121+50.19 to 122+32.94 | ||||||
7 | Index No.: 15-08-09-400-004 | ||||||
8 | THAT PART OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF | ||||||
9 | SECTION 9, TOWNSHIP 35 NORTH, RANGE 11 EAST OF THE THIRD | ||||||
10 | PRINCIPAL MERIDIAN, IN WILL COUNTY, ILLINOIS, BEARINGS AND | ||||||
11 | DISTANCES BASED ON THE ILLINOIS STATE PLANE COORDINATE SYSTEM, | ||||||
12 | EAST ZONE, NAD83 (2011 ADJUSTMENT), WITH A COMBINED FACTOR OF | ||||||
13 | 0.9999586959; DESCRIBED AS FOLLOWS: | ||||||
14 | THE NORTH 31.00 FEET OF THE WEST 25.00 FEET OF THE EAST 58.00 | ||||||
15 | FEET TOGETHER WITH THE WEST 5.00 FEET OF THE EAST 38.00 FEET | ||||||
16 | (EXCEPT THE NORTH 31.00 FEET THEREOF) OF THE SOUTH HALF OF THE | ||||||
17 | NORTH HALF OF THE SOUTH HALF OF THE NORTH HALF OF SAID | ||||||
18 | NORTHEAST QUARTER OF THE SOUTHEAST QUARTER, IN WILL COUNTY, | ||||||
19 | ILLINOIS. | ||||||
20 | SAID PARCEL CONTAINING 0.024 ACRES, MORE OR LESS.
| ||||||
21 | Route: C.H.4 Cedar Road | ||||||
22 | Section: 20-00051-09-CH | ||||||
23 | County: Will | ||||||
24 | Parcel No: IL T0016TE |
| |||||||
| |||||||
1 | Station: 120+10.63 to 121+69.62 | ||||||
2 | Index No.: 15-08-10-300-058 | ||||||
3 | THE WEST 5.00 FEET OF LOT 4 IN ARTHUR T. MCINTOSH'S NEW LENOX | ||||||
4 | ACRES, BEING A SUBDIVISION OF THE SOUTHWEST QUARTER OF SECTION | ||||||
5 | 10 AND PART OF THE NORTHWEST QUARTER OF SECTION 15, TOWNSHIP 35 | ||||||
6 | NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, | ||||||
7 | ACCORDING TO THE PLAT THEREOF RECORDED JULY 16, 1927 AS | ||||||
8 | DOCUMENT NUMBER 408969, IN WILL COUNTY, ILLINOIS, BEARINGS AND | ||||||
9 | DISTANCES BASED ON THE ILLINOIS STATE PLANE COORDINATE SYSTEM, | ||||||
10 | EAST ZONE, NAD83 (2011 ADJUSTMENT), WITH A COMBINED FACTOR OF | ||||||
11 | 0.9999586959. | ||||||
12 | SAID PARCEL CONTAINING 0.018 ACRES, MORE OR LESS. | ||||||
13 | REVISION DATE: 05-26-2022
| ||||||
14 | Route: C.H.4 Cedar Road | ||||||
15 | Section: 20-00051-09-CH | ||||||
16 | County: Will | ||||||
17 | Parcel No: IL T0017TE | ||||||
18 | Station: 118+51.61 to 120+10.61 | ||||||
19 | Index No.: 15-08-10-300-057 | ||||||
20 | 15-08-10-300-006 | ||||||
21 | THE WEST 5.00 FEET OF LOT 5 IN ARTHUR T. MCINTOSH'S NEW LENOX | ||||||
22 | ACRES, BEING A SUBDIVISION OF THE SOUTHWEST QUARTER OF SECTION | ||||||
23 | 10 AND PART OF THE NORTHWEST QUARTER OF SECTION 15, TOWNSHIP 35 | ||||||
24 | NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, | ||||||
25 | ACCORDING TO THE PLAT THEREOF RECORDED JULY 16, 1927 AS |
| |||||||
| |||||||
1 | DOCUMENT NUMBER 408969, IN WILL COUNTY, ILLINOIS, BEARINGS AND | ||||||
2 | DISTANCES BASED ON THE ILLINOIS STATE PLANE COORDINATE SYSTEM, | ||||||
3 | EAST ZONE, NAD83 (2011 ADJUSTMENT), WITH A COMBINED FACTOR OF | ||||||
4 | 0.9999586959. | ||||||
5 | SAID PARCEL CONTAINING 0.018 ACRES, MORE OR LESS.
| ||||||
6 | Route: C.H.4 Cedar Road | ||||||
7 | Section: 20-00051-09-CH | ||||||
8 | County: Will | ||||||
9 | Parcel No: IL T0018TE | ||||||
10 | Station: 116+92.61 to 118+51.63 | ||||||
11 | Index No.: 15-08-10-300-007 | ||||||
12 | THE WEST 5.00 FEET OF LOT 6 IN ARTHUR T. MCINTOSH'S NEW LENOX | ||||||
13 | ACRES, BEING A SUBDIVISION OF THE SOUTHWEST QUARTER OF SECTION | ||||||
14 | 10 AND PART OF THE NORTHWEST QUARTER OF SECTION 15, TOWNSHIP 35 | ||||||
15 | NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, | ||||||
16 | ACCORDING TO THE PLAT THEREOF RECORDED JULY 16, 1927 AS | ||||||
17 | DOCUMENT NUMBER 408969, IN WILL COUNTY, ILLINOIS, BEARINGS AND | ||||||
18 | DISTANCES BASED ON THE ILLINOIS STATE PLANE COORDINATE SYSTEM, | ||||||
19 | EAST ZONE, NAD83 (2011 ADJUSTMENT), WITH A COMBINED FACTOR OF | ||||||
20 | 0.9999586959 | ||||||
21 | SAID PARCEL CONTAINING 0.018 ACRES, MORE OR LESS.
| ||||||
22 | Route: C.H.4 Cedar Road | ||||||
23 | Section: 20-00051-09-CH | ||||||
24 | County: Will |
| |||||||
| |||||||
1 | Parcel No: IL T0019TE | ||||||
2 | Station: 118+89.42 to 119+84.84 | ||||||
3 | Index No.: 15-08-09-400-013 | ||||||
4 | THAT PART OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF | ||||||
5 | SECTION 9, TOWNSHIP 35 NORTH, RANGE 11 EAST OF THE THIRD | ||||||
6 | PRINCIPAL MERIDIAN, IN WILL COUNTY, ILLINOIS, BEARINGS AND | ||||||
7 | DISTANCES BASED ON THE ILLINOIS STATE PLANE COORDINATE SYSTEM, | ||||||
8 | EAST ZONE, NAD83 (2011 ADJUSTMENT), WITH A COMBINED FACTOR OF | ||||||
9 | 0.9999586959; DESCRIBED AS FOLLOWS: | ||||||
10 | THE NORTH 44.00 FEET OF THE WEST 20.00 FEET OF THE EAST 53.00 | ||||||
11 | FEET TOGETHER WITH THE WEST 7.00 FEET OF THE EAST 40.00 FEET | ||||||
12 | (EXCEPT THE NORTH 44.00 FEET THEREOF) OF THE NORTH HALF OF THE | ||||||
13 | NORTH HALF OF THE SOUTH HALF OF SAID NORTHEAST QUARTER OF THE | ||||||
14 | SOUTHEAST QUARTER, IN WILL COUNTY, ILLINOIS. | ||||||
15 | SAID PARCEL CONTAINING 0.028 ACRES, MORE OR LESS.
| ||||||
16 | Route: C.H.4 Cedar Road | ||||||
17 | Section: 20-00051-09-CH | ||||||
18 | County: Will | ||||||
19 | Parcel No: IL T0020TE | ||||||
20 | Station: 116+54.05 to 118+89.42 | ||||||
21 | Index No.: 15-08-09-400-010 | ||||||
22 | 15-08-09-400-011 | ||||||
23 | THAT PART OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF | ||||||
24 | SECTION 9, TOWNSHIP 35 NORTH, RANGE 11 EAST OF THE THIRD | ||||||
25 | PRINCIPAL MERIDIAN, IN WILL COUNTY, ILLINOIS, BEARINGS AND |
| |||||||
| |||||||
1 | DISTANCES BASED ON THE ILLINOIS STATE PLANE COORDINATE SYSTEM, | ||||||
2 | EAST ZONE, NAD83 (2011 ADJUSTMENT), WITH A COMBINED FACTOR OF | ||||||
3 | 0.9999586959; DESCRIBED AS FOLLOWS: | ||||||
4 | THE WEST 7.00 FEET OF THE EAST 40.00 FEET OF THE SOUTH HALF OF | ||||||
5 | THE NORTH HALF OF THE SOUTH HALF OF THE NORTHEAST QUARTER OF | ||||||
6 | THE SOUTHEAST QUARTER OF SAID SECTION 9; TOGETHER WITH THE | ||||||
7 | WEST 7.00 FEET OF THE EAST 40.00 FEET OF THE SOUTH 70 FEET OF | ||||||
8 | THE NORTH HALF OF THE NORTH HALF OF THE SOUTH HALF OF THE | ||||||
9 | NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 9, | ||||||
10 | ALL IN TOWNSHIP 35 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL | ||||||
11 | MERIDIAN, IN WILL COUNTY, ILLINOIS. | ||||||
12 | SAID PARCEL CONTAINING 0.038 ACRES, MORE OR LESS.
| ||||||
13 | Route: C.H.4 Cedar Road | ||||||
14 | Section: 20-00051-09-CH | ||||||
15 | County: Will | ||||||
16 | Parcel No: IL T0021PE | ||||||
17 | Station: 114+33.61 to 114+36.66 | ||||||
18 | Index No.: 15-08-10-300-011 | ||||||
19 | THE SOUTH 3 FEET OF THE WEST 17 FEET OF THE NORTH 100 FEET OF | ||||||
20 | THE WEST 175 FEET OF LOT 8, IN ARTHUR T. MCINTOSH'S NEW LENOX | ||||||
21 | ACRES, BEING A SUBDIVISION OF THE SOUTHWEST QUARTER OF SECTION | ||||||
22 | 10 AND PART OF THE NORTHWEST QUARTER OF SECTION 15, TOWNSHIP 35 | ||||||
23 | NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, | ||||||
24 | ACCORDING TO THE PLAT THEREOF RECORDED JULY 16, 1927 AS | ||||||
25 | DOCUMENT NUMBER 408969, IN WILL COUNTY, ILLINOIS, BEARINGS AND |
| |||||||
| |||||||
1 | DISTANCES BASED ON THE ILLINOIS STATE PLANE COORDINATE SYSTEM, | ||||||
2 | EAST ZONE, NAD83 (2011 ADJUSTMENT), WITH A COMBINED FACTOR OF | ||||||
3 | 0.9999586959 | ||||||
4 | SAID PARCEL CONTAINING 0.001 ACRES (51 SQUARE FEET), MORE OR | ||||||
5 | LESS. | ||||||
6 | REVISION DATE: 05-26-2022
| ||||||
7 | Route: C.H.4 Cedar Road | ||||||
8 | Section: 20-00051-09-CH | ||||||
9 | County: Will | ||||||
10 | Parcel No: IL T0021TE | ||||||
11 | Station: 114+36.61 to 115+33.63 | ||||||
12 | Index No.: 15-08-10-300-011 | ||||||
13 | THE WEST 5.00 FEET OF THE NORTH 97 FEET OF THE WEST 175 FEET OF | ||||||
14 | LOT 8, IN ARTHUR T. MCINTOSH'S NEW LENOX ACRES, BEING A | ||||||
15 | SUBDIVISION OF THE SOUTHWEST QUARTER OF SECTION 10 AND PART OF | ||||||
16 | THE NORTHWEST QUARTER OF SECTION 15, TOWNSHIP 35 NORTH, RANGE | ||||||
17 | 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT | ||||||
18 | THEREOF RECORDED JULY 16, 1927 AS DOCUMENT NUMBER 408969, IN | ||||||
19 | WILL COUNTY, ILLINOIS, BEARINGS AND DISTANCES BASED ON THE | ||||||
20 | ILLINOIS STATE PLANE COORDINATE SYSTEM, EAST ZONE, NAD83 (2011 | ||||||
21 | ADJUSTMENT), WITH A COMBINED FACTOR OF 0.9999586959 | ||||||
22 | SAID PARCEL CONTAINING 0.011 ACRES, MORE OR LESS.
| ||||||
23 | Route: C.H. 64 Francis Road | ||||||
24 | Section: 20-00051-09-CH |
| |||||||
| |||||||
1 | County: Will | ||||||
2 | Parcel No: IL T0022TE | ||||||
3 | Station: 202+31.49 to 203+55.08 | ||||||
4 | Index No.: 15-08-09-405-002 | ||||||
5 | THE NORTHERLY 5.00 FEET OF LOT 14 IN WILMSEN'S SUBDIVISION OF | ||||||
6 | LOTS 1 AND 8 OF ARTHUR T. MCINTOSH AND COMPANY'S ADDITION TO | ||||||
7 | NEW LENOX, A SUBDIVISION OF PART OF THE SOUTHEAST QUARTER OF | ||||||
8 | SECTION 9, AND PART OF THE NORTHEAST QUARTER OF SECTION 16, | ||||||
9 | TOWNSHIP 35 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL | ||||||
10 | MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED JULY 10, 1948 | ||||||
11 | AS DOCUMENT NUMBER 642528, IN WILL COUNTY, ILLINOIS. | ||||||
12 | SAID PARCEL CONTAINING 0.014 ACRES, MORE OR LESS.
| ||||||
13 | Route: C.H. 64 Francis Road | ||||||
14 | Section: 20-00051-09-CH | ||||||
15 | County: Will | ||||||
16 | Parcel No: IL T0023TE | ||||||
17 | Station: 203+54.27 to 204+77.86 | ||||||
18 | Index No.: 15-08-09-405-003 | ||||||
19 | THE NORTHERLY 10.00 FEET OF LOT 12 IN WILMSEN'S SUBDIVISION OF | ||||||
20 | LOTS 1 AND 8 OF ARTHUR T. MCINTOSH AND COMPANY'S ADDITION TO | ||||||
21 | NEW LENOX, A SUBDIVISION OF PART OF THE SOUTHEAST QUARTER OF | ||||||
22 | SECTION 9, AND PART OF THE NORTHEAST QUARTER OF SECTION 16, | ||||||
23 | TOWNSHIP 35 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL | ||||||
24 | MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED JULY 10, 1948 | ||||||
25 | AS DOCUMENT NUMBER 642528, IN WILL COUNTY, ILLINOIS. |
| |||||||
| |||||||
1 | SAID PARCEL CONTAINING 0.028 ACRES, MORE OR LESS.
| ||||||
2 | Route: C.H. 64 Francis Road | ||||||
3 | Section: 20-00051-09-CH | ||||||
4 | County: Will | ||||||
5 | Parcel No: IL T0024TE | ||||||
6 | Station: 204+77.86 to 206+00.14 | ||||||
7 | Index No.: 15-08-09-405-004 | ||||||
8 | THE NORTHERLY 10.00 FEET OF LOT 10 IN WILMSEN'S SUBDIVISION OF | ||||||
9 | LOTS 1 AND 8 OF ARTHUR T. MCINTOSH AND COMPANY'S ADDITION TO | ||||||
10 | NEW LENOX, A SUBDIVISION OF PART OF THE SOUTHEAST QUARTER OF | ||||||
11 | SECTION 9, AND PART OF THE NORTHEAST QUARTER OF SECTION 16, | ||||||
12 | TOWNSHIP 35 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL | ||||||
13 | MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED JULY 10, 1948 | ||||||
14 | AS DOCUMENT NUMBER 642528, IN WILL COUNTY, ILLINOIS. | ||||||
15 | SAID PARCEL CONTAINING 0.028 ACRES, MORE OR LESS.
| ||||||
16 | Route: C.H. 64 Francis Road | ||||||
17 | Section: 20-00051-09-CH | ||||||
18 | County: Will | ||||||
19 | Parcel No: IL T0025TE | ||||||
20 | Station: 206+00.14 to 207+53.71 | ||||||
21 | Index No.: 15-08-09-405-009 | ||||||
22 | THAT PART OF LOT 9 IN WILMSEN'S SUBDIVISION OF LOTS 1 AND 8 OF | ||||||
23 | ARTHUR T. MCINTOSH AND COMPANY'S ADDITION TO NEW LENOX, A | ||||||
24 | SUBDIVISION OF PART OF THE SOUTHEAST QUARTER OF SECTION 9, AND |
| |||||||
| |||||||
1 | PART OF THE NORTHEAST QUARTER OF SECTION 16, TOWNSHIP 35 | ||||||
2 | NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, | ||||||
3 | ACCORDING TO THE PLAT THEREOF RECORDED JULY 10, 1948 AS | ||||||
4 | DOCUMENT NUMBER 642528, IN WILL COUNTY, ILLINOIS, BEARINGS AND | ||||||
5 | DISTANCES BASED ON THE ILLINOIS STATE PLANE COORDINATE SYSTEM, | ||||||
6 | EAST ZONE, NAD83 (2011 ADJUSTMENT), WITH A COMBINED FACTOR OF | ||||||
7 | 0.9999586959; DESCRIBED AS FOLLOWS: | ||||||
8 | BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 9; THENCE SOUTH | ||||||
9 | 01 DEGREES 30 MINUTES 42 SECONDS EAST ALONG THE EAST LINE OF | ||||||
10 | SAID LOT 9, A DISTANCE OF 10.13 FEET; THENCE SOUTH 79 DEGREES | ||||||
11 | 17 MINUTES 03 SECONDS WEST ALONG A LINE 10.00 FEET SOUTH OF AND | ||||||
12 | PARALLEL WITH THE NORTHERLY LINE OF SAID LOT 9, ALSO BEING THE | ||||||
13 | SOUTHERLY LINE OF FRANCIS ROAD, 64.43 FEET; THENCE SOUTH 10 | ||||||
14 | DEGREES 42 MINUTES 57 SECONDS EAST, 5.00 FEET; THENCE SOUTH 79 | ||||||
15 | DEGREES 17 MINUTES 03 SECONDS WEST ALONG A LINE 15.00 FEET | ||||||
16 | SOUTH OF AND PARALLEL WITH THE SAID SOUTHERLY LINE OF FRANCIS | ||||||
17 | ROAD, 25.00 FEET; THENCE NORTH 10 DEGREES 42 MINUTES 57 | ||||||
18 | SECONDS WEST, 5.00 FEET; THENCE SOUTH 79 DEGREES 17 MINUTES 03 | ||||||
19 | SECONDS WEST ALONG A LINE 10.00 FEET SOUTH OF AND PARALLEL WITH | ||||||
20 | THE SAID SOUTHERLY LINE OF FRANCIS ROAD, 62.53 FEET TO THE WEST | ||||||
21 | LINE OF SAID LOT 9; THENCE NORTH 01 DEGREES 30 MINUTES 42 | ||||||
22 | SECONDS WEST ALONG SAID WEST LINE, 10.13 FEET TO SAID | ||||||
23 | NORTHERLY LINE OF LOT 9, ALSO BEING SAID SOUTHERLY LINE OF | ||||||
24 | FRANCIS ROAD; THENCE NORTH 79 DEGREES 17 MINUTES 03 SECONDS | ||||||
25 | EAST ALONG SAID SOUTHERLY LINE OF FRANCIS ROAD, 151.96 FEET TO | ||||||
26 | THE PLACE OF BEGINNING. |
| |||||||
| |||||||
1 | SAID PARCEL CONTAINING 0.038 ACRES, MORE OR LESS. | ||||||
2 | REVISION DATE: 05-26-2022
| ||||||
3 | Route: C.H. 4 Cedar Road | ||||||
4 | Section: 20-00051-09-CH | ||||||
5 | County: Will | ||||||
6 | Parcel No: IL T0026TE | ||||||
7 | Station: 107+73.63 to 108+08.64 | ||||||
8 | Index No.: 15-08-10-301-0073 | ||||||
9 | THE NORTH 35 FEET OF THE SOUTH 55.25 FEET OF LOT 11 (EXCEPT THE | ||||||
10 | WEST 17 FEET THEREOF) IN ARTHUR T. MCINTOSH AND COMPANY'S NEW | ||||||
11 | LENOX ACRES, A SUBDIVISION IN SECTIONS 10 AND 15, TOWNSHIP 35 | ||||||
12 | NORTH, AND RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, | ||||||
13 | ACCORDING TO THE PLAT THEREOF RECORDED JULY 16, 1927 AS | ||||||
14 | DOCUMENT 408969, IN WILL COUNTY, ILLINOIS, BEARINGS AND | ||||||
15 | DISTANCES BASED ON THE ILLINOIS STATE PLANE COORDINATE SYSTEM, | ||||||
16 | EAST ZONE, NAD83 (2011 ADJUSTMENT) WITH A COMBINED FACTOR OF | ||||||
17 | 0.9999586959. | ||||||
18 | SAID PARCEL CONTAINING 0.004 ACRES (175 SQUARE FEET), MORE OR | ||||||
19 | LESS. | ||||||
20 | REVISION DATE: 05-26-2022
| ||||||
21 | Route: C.H. 64 Francis Road | ||||||
22 | Section: 20-00051-09-CH | ||||||
23 | County: Will | ||||||
24 | Parcel No: IL T0027TE |
| |||||||
| |||||||
1 | Station: 216+52.49 to 217+35.06 | ||||||
2 | Index No.: 15-08-10-301-005 | ||||||
3 | THE NORTHERLY 10.00 FEET OF THE EAST 80 FEET OF THE WEST 617 | ||||||
4 | FEET OF LOT 10 IN ARTHUR T. MCINTOSH AND COMPANY'S NEW LENOX | ||||||
5 | ACRES, A SUBDIVISION IN SECTIONS 10 AND 15, TOWNSHIP 35 NORTH, | ||||||
6 | AND RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING | ||||||
7 | TO THE PLAT THEREOF RECORDED JULY 16, 1927 AS DOCUMENT 408969, | ||||||
8 | IN WILL COUNTY, ILLINOIS, BEARINGS AND DISTANCES BASED ON THE | ||||||
9 | ILLINOIS STATE PLANE COORDINATE SYSTEM, EAST ZONE, NAD83 (2011 | ||||||
10 | ADJUSTMENT) WITH A COMBINED FACTOR OF 0.9999586959. | ||||||
11 | SAID PARCEL CONTAINING 0.018 ACRES, MORE OR LESS. | ||||||
12 | REVISION DATE: 05-26-2022
| ||||||
13 | Route: C.H. 64 Francis Road | ||||||
14 | Section: 20-00051-09-CH | ||||||
15 | County: Will | ||||||
16 | Parcel No: IL T0028TE | ||||||
17 | Station: 217+33.45 to 218+43.47 | ||||||
18 | Index No.: 15-08-10-301-067 | ||||||
19 | THE NORTHERLY 10.00 FEET OF THE EAST 34.75 FEET OF LOT 10 AND | ||||||
20 | LOT 35 (EXCEPT THE EAST 270.03 FEET THEREOF) IN ARTHUR T. | ||||||
21 | MCINTOSH AND COMPANY'S NEW LENOX ACRES, A SUBDIVISION IN | ||||||
22 | SECTIONS 10 AND 15, TOWNSHIP 35 NORTH, AND RANGE 11 EAST OF THE | ||||||
23 | THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF | ||||||
24 | RECORDED JULY 16, 1927 AS DOCUMENT 408969, IN WILL COUNTY, | ||||||
25 | ILLINOIS, BEARINGS AND DISTANCES BASED ON THE ILLINOIS STATE |
| |||||||
| |||||||
1 | PLANE COORDINATE SYSTEM, EAST ZONE, NAD83 (2011 ADJUSTMENT) | ||||||
2 | WITH A COMBINED FACTOR OF 0.9999586959. | ||||||
3 | SAID PARCEL CONTAINING 0.025 ACRES, MORE OR LESS. | ||||||
4 | REVISION DATE: 05-26-2022
| ||||||
5 | Route: C.H. 64 Francis Road | ||||||
6 | Section: 20-00051-09-CH | ||||||
7 | County: Will | ||||||
8 | Parcel No: IL T0029TE | ||||||
9 | Station: 218+41.89 to 218+83.97 | ||||||
10 | Index No.: 15-08-10-301-068 | ||||||
11 | THE NORTHERLY 10.00 FEET OF THE WEST 40.00 FEET OF THE EAST | ||||||
12 | 270.00 FEET OF LOT 35, AS MEASURED ALONG THE SOUTH LINE OF SAID | ||||||
13 | LOT 35, IN ARTHUR T. MCINTOSH AND COMPANY'S NEW LENOX ACRES, A | ||||||
14 | SUBDIVISION IN SECTIONS 10 AND 15, TOWNSHIP 35 NORTH, AND | ||||||
15 | RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO | ||||||
16 | THE PLAT THEREOF RECORDED JULY 16, 1927 AS DOCUMENT 408969, IN | ||||||
17 | WILL COUNTY, ILLINOIS, BEARINGS AND DISTANCES BASED ON THE | ||||||
18 | ILLINOIS STATE PLANE COORDINATE SYSTEM, EAST ZONE, NAD83 (2011 | ||||||
19 | ADJUSTMENT) WITH A COMBINED FACTOR OF 0.9999586959. | ||||||
20 | SAID PARCEL CONTAINING 0.009 ACRES (405 SQUARE FEET), MORE OR | ||||||
21 | LESS. | ||||||
22 | REVISION DATE: 05-26-2022 | ||||||
23 | REVISION DATE: 06-30-2022 | ||||||
24 | (b) This Section is repealed on June 9, 2026 ( 3 years after | ||||||
25 | the effective date of Public Act 103-10) this amendatory Act |
| |||||||
| |||||||
1 | of the 103rd General Assembly . | ||||||
2 | (Source: P.A. 103-10, eff. 6-9-23; revised 7-27-23.)
| ||||||
3 | Section 600. The Illinois False Claims Act is amended by | ||||||
4 | changing Section 6 as follows:
| ||||||
5 | (740 ILCS 175/6) (from Ch. 127, par. 4106) | ||||||
6 | Sec. 6. Subpoenas. | ||||||
7 | (a) In general. | ||||||
8 | (1) Issuance and service. Whenever the Attorney | ||||||
9 | General has reason to believe that any person may be in | ||||||
10 | possession, custody, or control of any documentary | ||||||
11 | material or information relevant to an investigation, the | ||||||
12 | Attorney General may, before commencing a civil proceeding | ||||||
13 | under this Act or making an election under paragraph (4) | ||||||
14 | of subsection (b) of Section 4, issue in writing and cause | ||||||
15 | to be served upon such person, a subpoena requiring such | ||||||
16 | person: | ||||||
17 | (A) to produce such documentary material for | ||||||
18 | inspection and copying, | ||||||
19 | (B) to answer, in writing, written interrogatories | ||||||
20 | with respect to such documentary material or | ||||||
21 | information, | ||||||
22 | (C) to give oral testimony concerning such | ||||||
23 | documentary material or information, or | ||||||
24 | (D) to furnish any combination of such material, |
| |||||||
| |||||||
1 | answers, or testimony. | ||||||
2 | The Attorney General may issue subpoenas under this | ||||||
3 | subsection (a). Whenever a subpoena is an express demand | ||||||
4 | for any product of discovery, the Attorney General shall | ||||||
5 | cause to be served, in any manner authorized by this | ||||||
6 | Section, a copy of such demand upon the person from whom | ||||||
7 | the discovery was obtained and shall notify the person to | ||||||
8 | whom such demand is issued of the date on which such copy | ||||||
9 | was served. Any information obtained by the Attorney | ||||||
10 | General under this Section may be shared with any qui tam | ||||||
11 | relator if the Attorney General determines it necessary as | ||||||
12 | part of any Illinois False Claims Act investigation. | ||||||
13 | (1.5) Where a subpoena requires the production of | ||||||
14 | documentary material, the respondent shall produce the | ||||||
15 | original of the documentary material, provided, however, | ||||||
16 | that the Attorney General may agree that copies may be | ||||||
17 | substituted for the originals. All documentary material | ||||||
18 | kept or stored in electronic form, including electronic | ||||||
19 | mail, shall be produced in native format, as kept in the | ||||||
20 | normal course of business, or as otherwise directed by the | ||||||
21 | Attorney General. The production of documentary material | ||||||
22 | shall be made at the respondent's expense. | ||||||
23 | (2) Contents and deadlines. Each subpoena issued under | ||||||
24 | paragraph (1): | ||||||
25 | (A) Shall state the nature of the conduct | ||||||
26 | constituting an alleged violation that is under |
| |||||||
| |||||||
1 | investigation and the applicable provision of law | ||||||
2 | alleged to be violated. | ||||||
3 | (B) Shall identify the individual causing the | ||||||
4 | subpoena to be served and to whom communications | ||||||
5 | regarding the subpoena should be directed. | ||||||
6 | (C) Shall state the date, place, and time at which | ||||||
7 | the person is required to appear, produce written | ||||||
8 | answers to interrogatories, produce documentary | ||||||
9 | material or give oral testimony. The date shall not be | ||||||
10 | less than 10 days from the date of service of the | ||||||
11 | subpoena. Compliance with the subpoena shall be at the | ||||||
12 | Office of the Attorney General in either the | ||||||
13 | Springfield or Chicago location or at other location | ||||||
14 | by agreement. | ||||||
15 | (D) If the subpoena is for documentary material or | ||||||
16 | interrogatories, shall describe the documents or | ||||||
17 | information requested with specificity. | ||||||
18 | (E) Shall notify the person of the right to be | ||||||
19 | assisted by counsel. | ||||||
20 | (F) Shall advise that the person has 20 days from | ||||||
21 | the date of service or up until the return date | ||||||
22 | specified in the demand, whichever date is earlier, to | ||||||
23 | move, modify, or set aside the subpoena pursuant to | ||||||
24 | subparagraph (j)(2)(A) of this Section. | ||||||
25 | (b) Protected material or information. | ||||||
26 | (1) In general. A subpoena issued under subsection (a) |
| |||||||
| |||||||
1 | may not require the production of any documentary | ||||||
2 | material, the submission of any answers to written | ||||||
3 | interrogatories, or the giving of any oral testimony if | ||||||
4 | such material, answers, or testimony would be protected | ||||||
5 | from disclosure under: | ||||||
6 | (A) the standards applicable to subpoenas or | ||||||
7 | subpoenas duces tecum issued by a court of this State | ||||||
8 | to aid in a grand jury investigation; or | ||||||
9 | (B) the standards applicable to discovery requests | ||||||
10 | under the Code of Civil Procedure, to the extent that | ||||||
11 | the application of such standards to any such subpoena | ||||||
12 | is appropriate and consistent with the provisions and | ||||||
13 | purposes of this Section. | ||||||
14 | (2) Effect on other orders, rules, and laws. Any such | ||||||
15 | subpoena which is an express demand for any product of | ||||||
16 | discovery supersedes any inconsistent order, rule, or | ||||||
17 | provision of law (other than this Section) preventing or | ||||||
18 | restraining disclosure of such product of discovery to any | ||||||
19 | person. Disclosure of any product of discovery pursuant to | ||||||
20 | any such subpoena does not constitute a waiver of any | ||||||
21 | right or privilege which the person making such disclosure | ||||||
22 | may be entitled to invoke to resist discovery of trial | ||||||
23 | preparation materials. | ||||||
24 | (c) Service in general. Any subpoena issued under | ||||||
25 | subsection (a) may be served by any person so authorized by the | ||||||
26 | Attorney General or by any person authorized to serve process |
| |||||||
| |||||||
1 | on individuals within Illinois, through any method prescribed | ||||||
2 | in the Code of Civil Procedure or as otherwise set forth in | ||||||
3 | this Act. | ||||||
4 | (d) Service upon legal entities and natural persons. | ||||||
5 | (1) Legal entities. Service of any subpoena issued | ||||||
6 | under subsection (a) or of any petition filed under | ||||||
7 | subsection (j) may be made upon a partnership, | ||||||
8 | corporation, association, or other legal entity by: | ||||||
9 | (A) delivering an executed copy of such subpoena | ||||||
10 | or petition to any partner, executive officer, | ||||||
11 | managing agent, general agent, or registered agent of | ||||||
12 | the partnership, corporation, association , or entity; | ||||||
13 | (B) delivering an executed copy of such subpoena | ||||||
14 | or petition to the principal office or place of | ||||||
15 | business of the partnership, corporation, association, | ||||||
16 | or entity; or | ||||||
17 | (C) depositing an executed copy of such subpoena | ||||||
18 | or petition in the United States mails by registered | ||||||
19 | or certified mail, with a return receipt requested, | ||||||
20 | addressed to such partnership, corporation, | ||||||
21 | association, or entity as its principal office or | ||||||
22 | place of business. | ||||||
23 | (2) Natural person. Service of any such subpoena or | ||||||
24 | petition may be made upon any natural person by: | ||||||
25 | (A) delivering an executed copy of such subpoena | ||||||
26 | or petition to the person; or |
| |||||||
| |||||||
1 | (B) depositing an executed copy of such subpoena | ||||||
2 | or petition in the United States mails by registered | ||||||
3 | or certified mail, with a return receipt requested, | ||||||
4 | addressed to the person at the person's residence or | ||||||
5 | principal office or place of business. | ||||||
6 | (e) Proof of service. A verified return by the individual | ||||||
7 | serving any subpoena issued under subsection (a) or any | ||||||
8 | petition filed under subsection (j) setting forth the manner | ||||||
9 | of such service shall be proof of such service. In the case of | ||||||
10 | service by registered or certified mail, such return shall be | ||||||
11 | accompanied by the return post office receipt of delivery of | ||||||
12 | such subpoena. | ||||||
13 | (f) Documentary material. | ||||||
14 | (1) Sworn certificates. The production of documentary | ||||||
15 | material in response to a subpoena served under this | ||||||
16 | Section shall be made under a sworn certificate, in such | ||||||
17 | form as the subpoena designates, by: | ||||||
18 | (A) in the case of a natural person, the person to | ||||||
19 | whom the subpoena is directed, or | ||||||
20 | (B) in the case of a person other than a natural | ||||||
21 | person, a person having knowledge of the facts and | ||||||
22 | circumstances relating to such production and | ||||||
23 | authorized to act on behalf of such person. | ||||||
24 | The certificate shall state that all of the documentary | ||||||
25 | material required by the demand and in the possession, | ||||||
26 | custody, or control of the person to whom the subpoena is |
| |||||||
| |||||||
1 | directed has been produced and made available to the | ||||||
2 | Attorney General. | ||||||
3 | (2) Production of materials. Any person upon whom any | ||||||
4 | subpoena for the production of documentary material has | ||||||
5 | been served under this Section shall make such material | ||||||
6 | available for inspection and copying to the Attorney | ||||||
7 | General at the place designated in the subpoena, or at | ||||||
8 | such other place as the Attorney General and the person | ||||||
9 | thereafter may agree and prescribe in writing, or as the | ||||||
10 | court may direct under subsection (j)(1). Such material | ||||||
11 | shall be made so available on the return date specified in | ||||||
12 | such subpoena, or on such later date as the Attorney | ||||||
13 | General may prescribe in writing. Such person may, upon | ||||||
14 | written agreement between the person and the Attorney | ||||||
15 | General, substitute copies for originals of all or any | ||||||
16 | part of such material. | ||||||
17 | (g) Interrogatories. Each interrogatory in a subpoena | ||||||
18 | served under this Section shall be answered separately and | ||||||
19 | fully in writing under oath and shall be submitted under a | ||||||
20 | sworn certificate, in such form as the subpoena designates by: | ||||||
21 | (1) in the case of a natural person, the person to whom | ||||||
22 | the subpoena is directed, or | ||||||
23 | (2) in the case of a person other than a natural | ||||||
24 | person, the person or persons responsible for answering | ||||||
25 | each interrogatory. | ||||||
26 | If any interrogatory is objected to, the reasons for the |
| |||||||
| |||||||
1 | objection shall be stated in the certificate instead of an | ||||||
2 | answer. The certificate shall state that all information | ||||||
3 | required by the subpoena and in the possession, custody, | ||||||
4 | control, or knowledge of the person to whom the demand is | ||||||
5 | directed has been submitted. To the extent that any | ||||||
6 | information is not furnished, the information shall be | ||||||
7 | identified and reasons set forth with particularity regarding | ||||||
8 | the reasons why the information was not furnished. | ||||||
9 | (h) Oral examinations. | ||||||
10 | (1) Procedures. The examination of any person pursuant | ||||||
11 | to a subpoena for oral testimony served under this Section | ||||||
12 | shall be taken before an officer authorized to administer | ||||||
13 | oaths and affirmations by the laws of this State or of the | ||||||
14 | place where the examination is held. The officer before | ||||||
15 | whom the testimony is to be taken shall put the witness on | ||||||
16 | oath or affirmation and shall, personally or by someone | ||||||
17 | acting under the direction of the officer and in the | ||||||
18 | officer's presence, record the testimony of the witness. | ||||||
19 | The testimony shall be taken stenographically and shall be | ||||||
20 | transcribed. When the testimony is fully transcribed, the | ||||||
21 | officer before whom the testimony is taken shall promptly | ||||||
22 | transmit a certified copy of the transcript of the | ||||||
23 | testimony in accordance with the instructions of the | ||||||
24 | Attorney General. This subsection shall not preclude the | ||||||
25 | taking of testimony by any means authorized by, and in a | ||||||
26 | manner consistent with, the Code of Civil Procedure. |
| |||||||
| |||||||
1 | (2) Persons present. The investigator conducting the | ||||||
2 | examination shall exclude from the place where the | ||||||
3 | examination is held all persons except the person giving | ||||||
4 | the testimony, the attorney for and any other | ||||||
5 | representative of the person giving the testimony, the | ||||||
6 | attorney for the State, any person who may be agreed upon | ||||||
7 | by the attorney for the State and the person giving the | ||||||
8 | testimony, the officer before whom the testimony is to be | ||||||
9 | taken, and any stenographer taking such testimony. | ||||||
10 | (3) Where testimony taken. The oral testimony of any | ||||||
11 | person taken pursuant to a subpoena served under this | ||||||
12 | Section shall be taken in the county within which such | ||||||
13 | person resides, is found, or transacts business, or in | ||||||
14 | such other place as may be agreed upon by the Attorney | ||||||
15 | General and such person. | ||||||
16 | (4) Transcript of testimony. When the testimony is | ||||||
17 | fully transcribed, the Attorney General or the officer | ||||||
18 | before whom the testimony is taken shall afford the | ||||||
19 | witness, who may be accompanied by counsel, a reasonable | ||||||
20 | opportunity to review and correct the transcript, in | ||||||
21 | accordance with the rules applicable to deposition | ||||||
22 | witnesses in civil cases. Upon payment of reasonable | ||||||
23 | charges, the Attorney General shall furnish a copy of the | ||||||
24 | transcript to the witness, except that the Attorney | ||||||
25 | General may, for good cause, limit the witness to | ||||||
26 | inspection of the official transcript of the witness' |
| |||||||
| |||||||
1 | testimony. | ||||||
2 | (5) Conduct of oral testimony. | ||||||
3 | (A) Any person compelled to appear for oral | ||||||
4 | testimony under a subpoena issued under subsection (a) | ||||||
5 | may be accompanied, represented, and advised by | ||||||
6 | counsel, who may raise objections based on matters of | ||||||
7 | privilege in accordance with the rules applicable to | ||||||
8 | depositions in civil cases. If such person refuses to | ||||||
9 | answer any question, a petition may be filed in | ||||||
10 | circuit court under subsection (j)(1) for an order | ||||||
11 | compelling such person to answer such question. | ||||||
12 | (B) If such person refuses any question on the | ||||||
13 | grounds of the privilege against self-incrimination, | ||||||
14 | the testimony of such person may be compelled in | ||||||
15 | accordance with Article 106 of the Code of Criminal | ||||||
16 | Procedure of 1963. | ||||||
17 | (6) Witness fees and allowances. Any person appearing | ||||||
18 | for oral testimony under a subpoena issued under | ||||||
19 | subsection (a) shall be entitled to the same fees and | ||||||
20 | allowances which are paid to witnesses in the circuit | ||||||
21 | court. | ||||||
22 | (i) Custodians of documents, answers, and transcripts. | ||||||
23 | (1) Designation. The Attorney General or his or her | ||||||
24 | delegate shall serve as custodian of documentary material, | ||||||
25 | answers to interrogatories, and transcripts of oral | ||||||
26 | testimony received under this Section. |
| |||||||
| |||||||
1 | (2) Except as otherwise provided in this Section, no | ||||||
2 | documentary material, answers to interrogatories, or | ||||||
3 | transcripts of oral testimony, or copies thereof, while in | ||||||
4 | the possession of the custodian, shall be available for | ||||||
5 | examination by any individual, except as determined | ||||||
6 | necessary by the Attorney General and subject to the | ||||||
7 | conditions imposed by him or her for effective enforcement | ||||||
8 | of the laws of this State, or as otherwise provided by | ||||||
9 | court order. | ||||||
10 | (3) Conditions for return of material. If any | ||||||
11 | documentary material has been produced by any person in | ||||||
12 | the course of any investigation pursuant to a subpoena | ||||||
13 | under this Section and: | ||||||
14 | (A) any case or proceeding before the court or | ||||||
15 | grand jury arising out of such investigation, or any | ||||||
16 | proceeding before any State agency involving such | ||||||
17 | material, has been completed, or | ||||||
18 | (B) no case or proceeding in which such material | ||||||
19 | may be used has been commenced within a reasonable | ||||||
20 | time after completion of the examination and analysis | ||||||
21 | of all documentary material and other information | ||||||
22 | assembled in the course of such investigation, | ||||||
23 | the custodian shall, upon written request of the person | ||||||
24 | who produced such material, return to such person any such | ||||||
25 | material which has not passed into the control of any | ||||||
26 | court, grand jury, or agency through introduction into the |
| |||||||
| |||||||
1 | record of such case or proceeding. | ||||||
2 | (j) Judicial proceedings. | ||||||
3 | (1) Petition for enforcement. Whenever any person | ||||||
4 | fails to comply with any subpoena issued under subsection | ||||||
5 | (a), or whenever satisfactory copying or reproduction of | ||||||
6 | any material requested in such demand cannot be done and | ||||||
7 | such person refuses to surrender such material, the | ||||||
8 | Attorney General may file, in the circuit court of any | ||||||
9 | county in which such person resides, is found, or | ||||||
10 | transacts business, or the circuit court of the county in | ||||||
11 | which an action filed pursuant to Section 4 of this Act is | ||||||
12 | pending if the action relates to the subject matter of the | ||||||
13 | subpoena and serve upon such person a petition for an | ||||||
14 | order of such court for the enforcement of the subpoena. | ||||||
15 | (2) Petition to modify or set aside subpoena. | ||||||
16 | (A) Any person who has received a subpoena issued | ||||||
17 | under subsection (a) may file, in the circuit court of | ||||||
18 | any county within which such person resides, is found, | ||||||
19 | or transacts business, and serve upon the Attorney | ||||||
20 | General a petition for an order of the court to modify | ||||||
21 | or set aside such subpoena. In the case of a petition | ||||||
22 | addressed to an express demand for any product of | ||||||
23 | discovery, a petition to modify or set aside such | ||||||
24 | demand may be brought only in the circuit court of the | ||||||
25 | county in which the proceeding in which such discovery | ||||||
26 | was obtained is or was last pending. Any petition |
| |||||||
| |||||||
1 | under this subparagraph (A) must be filed: | ||||||
2 | (i) within 20 days after the date of service | ||||||
3 | of the subpoena, or at any time before the return | ||||||
4 | date specified in the subpoena, whichever date is | ||||||
5 | earlier, or | ||||||
6 | (ii) within such longer period as may be | ||||||
7 | prescribed in writing by the Attorney General. | ||||||
8 | (B) The petition shall specify each ground upon | ||||||
9 | which the petitioner relies in seeking relief under | ||||||
10 | subparagraph (A), and may be based upon any failure of | ||||||
11 | the subpoena to comply with the provisions of this | ||||||
12 | Section or upon any constitutional or other legal | ||||||
13 | right or privilege of such person. During the pendency | ||||||
14 | of the petition in the court, the court may stay, as it | ||||||
15 | deems proper, the running of the time allowed for | ||||||
16 | compliance with the subpoena, in whole or in part, | ||||||
17 | except that the person filing the petition shall | ||||||
18 | comply with any portion of the subpoena not sought to | ||||||
19 | be modified or set aside. | ||||||
20 | (3) Petition to modify or set aside demand for product | ||||||
21 | of discovery. In the case of any subpoena issued under | ||||||
22 | subsection (a) which is an express demand for any product | ||||||
23 | of discovery, the person from whom such discovery was | ||||||
24 | obtained may file, in the circuit court of the county in | ||||||
25 | which the proceeding in which such discovery was obtained | ||||||
26 | is or was last pending, a petition for an order of such |
| |||||||
| |||||||
1 | court to modify or set aside those portions of the | ||||||
2 | subpoena requiring production of any such product of | ||||||
3 | discovery, subject to the same terms, conditions, and | ||||||
4 | limitations set forth in subparagraph (j)(2) of this | ||||||
5 | Section. | ||||||
6 | (4) Jurisdiction. Whenever any petition is filed in | ||||||
7 | any circuit court under this subsection (j), such court | ||||||
8 | shall have jurisdiction to hear and determine the matter | ||||||
9 | so presented, and to enter such orders as may be required | ||||||
10 | to carry out the provisions of this Section. Any final | ||||||
11 | order so entered shall be subject to appeal in the same | ||||||
12 | manner as appeals of other final orders in civil matters. | ||||||
13 | Any disobedience of any final order entered under this | ||||||
14 | Section by any court shall be punished as a contempt of the | ||||||
15 | court. | ||||||
16 | (k) Disclosure exemption. Any documentary material, | ||||||
17 | answers to written interrogatories, or oral testimony provided | ||||||
18 | under any subpoena issued under subsection (a) shall be exempt | ||||||
19 | from disclosure under the Illinois Administrative Procedure | ||||||
20 | Act. | ||||||
21 | (Source: P.A. 103-145, eff. 10-1-23; revised 9-20-23.)
| ||||||
22 | Section 605. The Good Samaritan Act is amended by changing | ||||||
23 | Section 42 as follows:
| ||||||
24 | (745 ILCS 49/42) |
| |||||||
| |||||||
1 | Sec. 42. Optometrists; exemption from civil liability for | ||||||
2 | emergency care. Any optometrist or any person licensed as an a | ||||||
3 | optometrist in any other state or territory of the United | ||||||
4 | States who in good faith provides emergency care without fee | ||||||
5 | to a victim of an accident at the scene of an accident shall | ||||||
6 | not, as a result of his or her acts or omissions, except | ||||||
7 | willful or wanton misconduct on the part of the person, in | ||||||
8 | providing the care, be liable for civil damages. | ||||||
9 | (Source: P.A. 90-413, eff. 1-1-98; revised 9-20-23.)
| ||||||
10 | Section 610. The Emancipation of Minors Act is amended by | ||||||
11 | changing Section 2 as follows:
| ||||||
12 | (750 ILCS 30/2) (from Ch. 40, par. 2202) | ||||||
13 | Sec. 2. Purpose and policy. The purpose of this Act is to | ||||||
14 | provide a means by which a mature minor who has demonstrated | ||||||
15 | the ability and capacity to manage the minor's own affairs and | ||||||
16 | to live wholly or partially independent of the minor's parents | ||||||
17 | or guardian, may obtain the legal status of an emancipated | ||||||
18 | person with power to enter into valid legal contracts. | ||||||
19 | This Act is not intended to interfere with the integrity | ||||||
20 | of the family or the rights of parents and their children. No | ||||||
21 | order of complete or partial emancipation may be entered under | ||||||
22 | this Act if there is any objection by the minor. An order of | ||||||
23 | complete or partial emancipation may be entered under this Act | ||||||
24 | if there is an objection by the minor's parents or guardian |
| |||||||
| |||||||
1 | only if the court finds, in a hearing, that emancipation would | ||||||
2 | be in the minor's best interests. This Act does not limit or | ||||||
3 | exclude any other means either in statute or case law by which | ||||||
4 | a minor may become emancipated. | ||||||
5 | (g) Beginning January 1, 2019, and annually thereafter | ||||||
6 | through January 1, 2024, the Department of Human Services | ||||||
7 | shall submit annual reports to the General Assembly regarding | ||||||
8 | homeless minors older than 16 years of age but less than 18 | ||||||
9 | years of age referred to a youth transitional housing program | ||||||
10 | for whom parental consent to enter the program is not | ||||||
11 | obtained. The report shall include the following information: | ||||||
12 | (1) the number of homeless minors referred to youth | ||||||
13 | transitional housing programs; | ||||||
14 | (2) the number of homeless minors who were referred | ||||||
15 | but a licensed youth transitional housing program was not | ||||||
16 | able to provide housing and services, and what subsequent | ||||||
17 | steps, if any, were taken to ensure that the homeless | ||||||
18 | minors were referred to an appropriate and available | ||||||
19 | alternative placement; | ||||||
20 | (3) the number of homeless minors who were referred | ||||||
21 | but determined to be ineligible for a youth transitional | ||||||
22 | housing program and the reason why the homeless minors | ||||||
23 | were determined to be ineligible, and what subsequent | ||||||
24 | steps, if any, were taken to ensure that the homeless | ||||||
25 | minors were referred to an appropriate and available | ||||||
26 | alternative placement; and |
| |||||||
| |||||||
1 | (4) the number of homeless minors who voluntarily left | ||||||
2 | the program and who were dismissed from the program while | ||||||
3 | they were under the age of 18, and what subsequent steps, | ||||||
4 | if any, were taken to ensure that the homeless minors were | ||||||
5 | referred to an appropriate and available alternative | ||||||
6 | placement. | ||||||
7 | (Source: P.A. 103-22, eff. 8-8-23; revised 9-20-23.)
| ||||||
8 | Section 615. The Electric Vehicle Charging Act is amended | ||||||
9 | by changing Sections 15, 25, and 35 as follows:
| ||||||
10 | (765 ILCS 1085/15) | ||||||
11 | Sec. 15. Definitions. As used in this Act: | ||||||
12 | "Affordable housing development" means (i) any housing | ||||||
13 | that is subsidized by the federal or State government or (ii) | ||||||
14 | any housing in which at least 20% of the dwelling units are | ||||||
15 | subject to covenants or restrictions that require that the | ||||||
16 | dwelling units to be sold or rented at prices that preserve | ||||||
17 | them as affordable housing for a period of at least 10 years. | ||||||
18 | "Association" has the meaning set forth in subsection (o) | ||||||
19 | of Section 2 of the Condominium Property Act or Section 1-5 of | ||||||
20 | the Common Interest Community Association Act, as applicable. | ||||||
21 | "Electric vehicle" means a vehicle that is exclusively | ||||||
22 | powered by and refueled by electricity, plugs in to charge, | ||||||
23 | and is licensed to drive on public roadways. "Electric | ||||||
24 | vehicle" does not include electric mopeds, electric |
| |||||||
| |||||||
1 | off-highway vehicles, hybrid electric vehicles, or | ||||||
2 | extended-range electric vehicles that are equipped, fully or | ||||||
3 | partially, with conventional fueled propulsion or auxiliary | ||||||
4 | engines. | ||||||
5 | "Electric vehicle charging system" means a device that is: | ||||||
6 | (1) used to provide electricity to an electric | ||||||
7 | vehicle; | ||||||
8 | (2) designed to ensure that a safe connection has been | ||||||
9 | made between the electric grid and the electric vehicle; | ||||||
10 | and | ||||||
11 | (3) able to communicate with the vehicle's control | ||||||
12 | system so that electricity flows at an appropriate voltage | ||||||
13 | and current level. An electric vehicle charging system may | ||||||
14 | be wall mounted or pedestal style, may provide multiple | ||||||
15 | cords to connect with electric vehicles, and shall: | ||||||
16 | (i) be certified by Underwriters Laboratories or | ||||||
17 | have been granted an equivalent certification; and | ||||||
18 | (ii) comply with the current version of Article | ||||||
19 | 625 of the National Electrical Code. | ||||||
20 | "Electric vehicle supply equipment" or "EVSE" means a | ||||||
21 | conductor, including an ungrounded, grounded, and equipment | ||||||
22 | grounding conductor, and electric vehicle connectors, | ||||||
23 | attachment plugs, and all other fittings, devices, power | ||||||
24 | outlets, and apparatuses installed specifically for the | ||||||
25 | purpose of transferring energy between the premises wiring and | ||||||
26 | the electric vehicle. |
| |||||||
| |||||||
1 | "EV-capable" means parking spaces that have the electrical | ||||||
2 | panel capacity and conduit installed during construction to | ||||||
3 | support future implementation of electric vehicle charging | ||||||
4 | with 208-volt or 240-volt or greater, 40-ampere or greater | ||||||
5 | circuits. Each EV-capable space shall feature a continuous | ||||||
6 | raceway or cable assembly installed between an enclosure or | ||||||
7 | outlet located within 3 feet of the EV-capable space and a | ||||||
8 | suitable panelboard or other onsite electrical distribution | ||||||
9 | equipment. The electrical distribution equipment to which the | ||||||
10 | raceway or cable assembly connects shall have sufficient | ||||||
11 | dedicated space and spare electrical capacity for a 2-pole | ||||||
12 | circuit breaker or set of fuses. Reserved capacity shall be no | ||||||
13 | less than 40A 208/240V for each EV-capable space unless | ||||||
14 | EV-capable spaces will be controlled by an energy management | ||||||
15 | system providing load management in accordance with NFPA 70, | ||||||
16 | shall have a minimum capacity of 4.1 kilovolt-ampere per | ||||||
17 | space, or have a minimum capacity of 2.7 kilovolt-ampere per | ||||||
18 | space when all of the parking spaces are designed to be | ||||||
19 | EV-capable spaces, EV-ready spaces, or EVSE-installed spaces. | ||||||
20 | The electrical enclosure or outlet and the electrical | ||||||
21 | distribution equipment directory shall be marked "For future | ||||||
22 | electric vehicle supply equipment (EVSE)." This strategy | ||||||
23 | ensures the reduction of up-front costs for electric vehicle | ||||||
24 | charging station installation by providing the electrical | ||||||
25 | elements that are difficult to install during a retrofit. | ||||||
26 | Anticipating the use of dual-head EVSE, the same circuit may |
| |||||||
| |||||||
1 | be used to support charging in adjacent EV-capable spaces. For | ||||||
2 | purposes of this Act, "EV-capable" "EV capable" shall not be | ||||||
3 | construed to require a developer or builder to install or run | ||||||
4 | wire or cable from the electrical panel through the conduit or | ||||||
5 | raceway to the terminus of the conduit. | ||||||
6 | "EV-ready" means parking spaces that are provided with a | ||||||
7 | branch circuit and either an outlet, junction box, or | ||||||
8 | receptacle that will support an installed EVSE. Each branch | ||||||
9 | circuit serving EV-ready spaces shall terminate at an outlet | ||||||
10 | or enclosure, located within 3 feet of each EV-ready space it | ||||||
11 | serves. The panelboard or other electrical distribution | ||||||
12 | equipment directory shall designate the branch circuit as "For | ||||||
13 | electric vehicle supply equipment (EVSE)" and the outlet or | ||||||
14 | enclosure shall be marked "For electric vehicle supply | ||||||
15 | equipment (EVSE)." The capacity of each branch circuit serving | ||||||
16 | multiple EV-ready spaces designed to be controlled by an | ||||||
17 | energy management system providing load management in | ||||||
18 | accordance with NFPA 70, shall have a minimum capacity of 4.1 | ||||||
19 | kilovolt-ampere per space, or have a minimum capacity of 2.7 | ||||||
20 | kilovolt-ampere per space when all of the parking spaces are | ||||||
21 | designed to be EV-capable spaces, EV-ready spaces, or EVSE | ||||||
22 | spaces. | ||||||
23 | "EVSE-installed" means electric vehicle supply equipment | ||||||
24 | that is fully installed from the electrical panel to the | ||||||
25 | parking space. | ||||||
26 | "Large multifamily residence" means a single residential |
| |||||||
| |||||||
1 | building that accommodates 5 families or more. | ||||||
2 | "Level 1" means a 120-volt 20-ampere minimum branch | ||||||
3 | circuit. | ||||||
4 | "Level 2" means a 208-volt to 240-volt 40-ampere branch | ||||||
5 | circuit. | ||||||
6 | "New" means newly constructed. | ||||||
7 | "Reasonable restriction" means a restriction that does not | ||||||
8 | significantly increase the cost of the electric vehicle | ||||||
9 | charging station or electric vehicle charging system or | ||||||
10 | significantly decrease its efficiency or specified | ||||||
11 | performance. | ||||||
12 | "Single-family residence" means a detached single-family | ||||||
13 | residence on a single lot. | ||||||
14 | "Small multifamily residence" means a single residential | ||||||
15 | building that accommodates 2 to 4 families. | ||||||
16 | (Source: P.A. 103-53, eff. 1-1-24; revised 12-22-23.)
| ||||||
17 | (765 ILCS 1085/25) | ||||||
18 | Sec. 25. Residential requirements. | ||||||
19 | (a) All building permits issued 90 days after the | ||||||
20 | effective date of this Act shall require a new, large | ||||||
21 | multifamily residential building or a large multifamily | ||||||
22 | residential building being renovated by a developer converting | ||||||
23 | the property to an association to have 100% of its total | ||||||
24 | parking spaces EV-capable. However, nothing in this Act shall | ||||||
25 | be construed to require that in the case of a developer |
| |||||||
| |||||||
1 | converting the property to an association, no EV-capable or | ||||||
2 | EV-ready mandate shall apply if it would necessitate the | ||||||
3 | developer having to excavate an existing surface lot or other | ||||||
4 | parking facility in order to retrofit retro-fit the parking | ||||||
5 | lot or facility with the necessary conduit and wiring. | ||||||
6 | (b) The following requirements and timelines shall apply | ||||||
7 | for affordable housing. A new construction single-family | ||||||
8 | residence or small multifamily residence that qualifies as an | ||||||
9 | affordable housing development under the same project | ||||||
10 | ownership and is located on a campus with centralized parking | ||||||
11 | areas is subject to the requirements and timelines below. | ||||||
12 | All building permits issued 24 months after the effective | ||||||
13 | date of this Act shall require a new construction large | ||||||
14 | multifamily residence that qualifies as an affordable housing | ||||||
15 | development to have the following, unless additional | ||||||
16 | requirements are required under a subsequently adopted | ||||||
17 | building code: | ||||||
18 | (1) For permits issued 24 months after the effective | ||||||
19 | date of this Act, a minimum of 40% EV-capable parking | ||||||
20 | spaces. | ||||||
21 | (2) For permits issued 5 years after the effective | ||||||
22 | date of this Act, a minimum of 50% EV-capable parking | ||||||
23 | spaces. | ||||||
24 | (3) For permits issued 10 years after the effective | ||||||
25 | date of this Act, a minimum of 70% EV-capable parking | ||||||
26 | spaces. |
| |||||||
| |||||||
1 | (d) An accessible parking space is not required by this | ||||||
2 | Section if no accessible parking spaces are required by the | ||||||
3 | local zoning code. | ||||||
4 | (Source: P.A. 103-53, eff. 1-1-24; revised 12-22-23.)
| ||||||
5 | (765 ILCS 1085/35) | ||||||
6 | Sec. 35. Electric vehicle charging system policy for | ||||||
7 | renters. | ||||||
8 | (a) Notwithstanding any provision in the lease to the | ||||||
9 | contrary and subject to subsection (b): | ||||||
10 | (1) a tenant may install, at the tenant's expense for | ||||||
11 | the tenant's own use, a level 1 receptacle or outlet, a | ||||||
12 | level 2 receptacle or outlet, or a level 2 electric | ||||||
13 | vehicle charging system on or in the leased premises; | ||||||
14 | (2) a landlord shall not assess or charge a tenant any | ||||||
15 | fee for the placement or use of an electric vehicle | ||||||
16 | charging system, except that: | ||||||
17 | (A) the landlord may: | ||||||
18 | (i) require reimbursement for the actual cost | ||||||
19 | of electricity provided by the landlord that was | ||||||
20 | used by the electric vehicle charging system; | ||||||
21 | (ii) charge a reasonable fee for access. If | ||||||
22 | the electric vehicle charging system is part of a | ||||||
23 | network for which a network fee is charged, the | ||||||
24 | landlord's reimbursement may include the amount of | ||||||
25 | the network fee. Nothing in this subparagraph |
| |||||||
| |||||||
1 | requires a landlord to impose upon a tenant a fee | ||||||
2 | or charge other than the rental payments specified | ||||||
3 | in the lease; or | ||||||
4 | (iii) charge a security deposit to cover costs | ||||||
5 | to restore the property to its original condition | ||||||
6 | if the tenant removes the electric vehicle | ||||||
7 | charging system ; . | ||||||
8 | (B) the landlord may require reimbursement for the | ||||||
9 | cost of the installation of the electric vehicle | ||||||
10 | charging system, including any additions or upgrades | ||||||
11 | to existing wiring directly attributable to the | ||||||
12 | requirements of the electric vehicle charging system, | ||||||
13 | if the landlord places or causes the electric vehicle | ||||||
14 | charging system to be placed at the request of the | ||||||
15 | tenant; and | ||||||
16 | (C) if the tenant desires to place an electric | ||||||
17 | vehicle charging system in an area accessible to other | ||||||
18 | tenants, the landlord may assess or charge the tenant | ||||||
19 | a reasonable fee to reserve a specific parking space | ||||||
20 | in which to install the electric vehicle charging | ||||||
21 | system. | ||||||
22 | (b) A landlord may require a tenant to comply with: | ||||||
23 | (1) bona fide safety requirements consistent with an | ||||||
24 | applicable building code or recognized safety standard for | ||||||
25 | the protection of persons and property; | ||||||
26 | (2) a requirement that the electric vehicle charging |
| |||||||
| |||||||
1 | system be registered with the landlord within 30 days | ||||||
2 | after installation; or | ||||||
3 | (3) reasonable aesthetic provisions that govern the | ||||||
4 | dimensions, placement, or external appearance of an | ||||||
5 | electric vehicle charging system. | ||||||
6 | (c) A tenant may place an electric vehicle charging system | ||||||
7 | if: | ||||||
8 | (1) the electric vehicle charging system is in | ||||||
9 | compliance with all applicable requirements adopted by a | ||||||
10 | landlord under subsection (b); and | ||||||
11 | (2) the tenant agrees, in writing, to: | ||||||
12 | (A) comply with the landlord's design | ||||||
13 | specifications for the installation of an electric | ||||||
14 | vehicle charging system; | ||||||
15 | (B) engage the services of a duly licensed and | ||||||
16 | registered electrical contractor familiar with the | ||||||
17 | installation and code requirements of an electric | ||||||
18 | vehicle charging system; and | ||||||
19 | (C) provide, within 14 days after receiving the | ||||||
20 | landlord's consent for the installation, a certificate | ||||||
21 | of insurance naming the landlord as an additional | ||||||
22 | insured party on the tenant's renter's insurance | ||||||
23 | policy for any claim related to the installation, | ||||||
24 | maintenance, or use of the electric vehicle charging | ||||||
25 | system or, at the landlord's option, reimbursement to | ||||||
26 | the landlord for the actual cost of any increased |
| |||||||
| |||||||
1 | insurance premium amount attributable to the electric | ||||||
2 | vehicle charging system, notwithstanding any provision | ||||||
3 | to the contrary in the lease. The tenant shall provide | ||||||
4 | reimbursement for an increased insurance premium | ||||||
5 | amount within 14 days after the tenant receives the | ||||||
6 | landlord's invoice for the amount attributable to the | ||||||
7 | electric vehicle charging system. | ||||||
8 | (d) If the landlord consents to a tenant's installation of | ||||||
9 | an electric vehicle charging system on property accessible to | ||||||
10 | other tenants, including a parking space, carport, or garage | ||||||
11 | stall, then, unless otherwise specified in a written agreement | ||||||
12 | with the landlord: | ||||||
13 | (1) The tenant, and each successive tenant with | ||||||
14 | exclusive rights to the area where the electric vehicle | ||||||
15 | charging system is installed, is responsible for costs for | ||||||
16 | damages to the electric vehicle charging system and to any | ||||||
17 | other property of the landlord or another tenant resulting | ||||||
18 | from the installation, maintenance, repair, removal, or | ||||||
19 | replacement of the electric vehicle charging system. | ||||||
20 | (A) Costs under this paragraph shall be based on: | ||||||
21 | (i) an embedded submetering device; or | ||||||
22 | (ii) a reasonable calculation of cost, based | ||||||
23 | on the average miles driven, efficiency of the | ||||||
24 | electric vehicle calculated by the United States | ||||||
25 | Environmental Protection Agency, and the cost of | ||||||
26 | electricity for the common area. |
| |||||||
| |||||||
1 | (B) The purpose of the costs under this paragraph | ||||||
2 | is for reasonable reimbursement of electricity usage | ||||||
3 | and shall not be set to deliberately exceed that | ||||||
4 | reasonable reimbursement. | ||||||
5 | (2) Each successive tenant with exclusive rights to | ||||||
6 | the area where the electric vehicle charging system is | ||||||
7 | installed shall assume responsibility for the repair, | ||||||
8 | maintenance, removal, and replacement of the electric | ||||||
9 | vehicle charging system until the electric vehicle | ||||||
10 | charging system is removed. | ||||||
11 | (3) The tenant, and each successive tenant with | ||||||
12 | exclusive rights to the area where the electric vehicle | ||||||
13 | charging system is installed, shall, at all times, have | ||||||
14 | and maintain an insurance policy covering the obligations | ||||||
15 | of the tenant under this subsection and shall name the | ||||||
16 | landlord as an additional insured party under the policy. | ||||||
17 | (4) The tenant, and each successive tenant with | ||||||
18 | exclusive rights to the area where the electric vehicle | ||||||
19 | charging system is installed, is responsible for removing | ||||||
20 | the system if reasonably necessary or convenient for the | ||||||
21 | repair, maintenance, or replacement of any property of the | ||||||
22 | landlord, whether or not leased to another tenant. | ||||||
23 | (e) An electric vehicle charging system installed at the | ||||||
24 | tenant's cost is the property of the tenant. Upon termination | ||||||
25 | of the lease, if the electric vehicle charging system is | ||||||
26 | removable, the tenant may either remove it or sell it to the |
| |||||||
| |||||||
1 | landlord or another tenant for an agreed price. Nothing in | ||||||
2 | this subsection requires the landlord or another tenant to | ||||||
3 | purchase the electric vehicle charging system. | ||||||
4 | (f) A landlord that willfully violates this Section shall | ||||||
5 | be liable to the tenant for actual damages, and shall pay a | ||||||
6 | civil penalty to the tenant in an amount not to exceed $1,000. | ||||||
7 | (g) In any action by a tenant requesting to have an | ||||||
8 | electric vehicle charging system installed and seeking to | ||||||
9 | enforce compliance with this Section, the court shall award | ||||||
10 | reasonable attorney's fees to a prevailing plaintiff. | ||||||
11 | (h) A tenant whose landlord is an owner in an association | ||||||
12 | and who desires to install an electric vehicle charging | ||||||
13 | station must obtain approval to do so through the tenant's | ||||||
14 | landlord or owner and in accordance with those provisions of | ||||||
15 | this Act applicable to associations. | ||||||
16 | (Source: P.A. 103-53, eff. 1-1-24; revised 12-22-23.)
| ||||||
17 | Section 620. The Illinois Human Rights Act is amended by | ||||||
18 | changing Section 8-101 as follows:
| ||||||
19 | (775 ILCS 5/8-101) | ||||||
20 | Sec. 8-101. Illinois Human Rights Commission. | ||||||
21 | (A) Creation; appointments. The Human Rights Commission is | ||||||
22 | created to consist of 7 members appointed by the Governor with | ||||||
23 | the advice and consent of the Senate. No more than 4 members | ||||||
24 | shall be of the same political party. The Governor shall |
| |||||||
| |||||||
1 | designate one member as chairperson. All appointments shall be | ||||||
2 | in writing and filed with the Secretary of State as a public | ||||||
3 | record. | ||||||
4 | (B) Terms. Of the members first appointed, 4 shall be | ||||||
5 | appointed for a term to expire on the third Monday of January , | ||||||
6 | 2021, and 3 (including the Chairperson) shall be appointed for | ||||||
7 | a term to expire on the third Monday of January , 2023. | ||||||
8 | Notwithstanding any provision of this Section to the | ||||||
9 | contrary, the term of office of each member of the Illinois | ||||||
10 | Human Rights Commission is abolished on January 19, 2019. | ||||||
11 | Incumbent members holding a position on the Commission that | ||||||
12 | was created by Public Act 84-115 and whose terms, if not for | ||||||
13 | Public Act 100-1066 this amendatory Act of the 100th General | ||||||
14 | Assembly , would have expired January 18, 2021 shall continue | ||||||
15 | to exercise all of the powers and be subject to all of the | ||||||
16 | duties of members of the Commission until June 30, 2019 or | ||||||
17 | until their respective successors are appointed and qualified, | ||||||
18 | whichever is earlier. | ||||||
19 | Thereafter, each member shall serve for a term of 4 years | ||||||
20 | and until the member's successor is appointed and qualified; | ||||||
21 | except that any member chosen to fill a vacancy occurring | ||||||
22 | otherwise than by expiration of a term shall be appointed only | ||||||
23 | for the unexpired term of the member whom the member shall | ||||||
24 | succeed and until the member's successor is appointed and | ||||||
25 | qualified. | ||||||
26 | (C) Vacancies. |
| |||||||
| |||||||
1 | (1) In the case of vacancies on the Commission during | ||||||
2 | a recess of the Senate, the Governor shall make a | ||||||
3 | temporary appointment until the next meeting of the Senate | ||||||
4 | when the Governor shall appoint a person to fill the | ||||||
5 | vacancy. Any person so nominated and confirmed by the | ||||||
6 | Senate shall hold office for the remainder of the term and | ||||||
7 | until the person's successor is appointed and qualified. | ||||||
8 | (2) If the Senate is not in session at the time this | ||||||
9 | Act takes effect, the Governor shall make temporary | ||||||
10 | appointments to the Commission as in the case of | ||||||
11 | vacancies. | ||||||
12 | (3) Vacancies in the Commission shall not impair the | ||||||
13 | right of the remaining members to exercise all the powers | ||||||
14 | of the Commission. Except when authorized by this Act to | ||||||
15 | proceed through a 3 member panel, a majority of the | ||||||
16 | members of the Commission then in office shall constitute | ||||||
17 | a quorum. | ||||||
18 | (D) Compensation. On and after January 19, 2019, the | ||||||
19 | Chairperson of the Commission shall be compensated at the rate | ||||||
20 | of $125,000 per year, or as set by the Compensation Review | ||||||
21 | Board, whichever is greater, during the Chairperson's service | ||||||
22 | as Chairperson, and each other member shall be compensated at | ||||||
23 | the rate of $119,000 per year, or as set by the Compensation | ||||||
24 | Review Board, whichever is greater. In addition, all members | ||||||
25 | of the Commission shall be reimbursed for expenses actually | ||||||
26 | and necessarily incurred by them in the performance of their |
| |||||||
| |||||||
1 | duties. | ||||||
2 | (E) Notwithstanding the general supervisory authority of | ||||||
3 | the Chairperson, each commissioner, unless appointed to the | ||||||
4 | special temporary panel created under subsection (H), has the | ||||||
5 | authority to hire and supervise a staff attorney. The staff | ||||||
6 | attorney shall report directly to the individual commissioner. | ||||||
7 | (F) A formal training program for newly appointed | ||||||
8 | commissioners shall be implemented. The training program shall | ||||||
9 | include the following: | ||||||
10 | (1) substantive and procedural aspects of the office | ||||||
11 | of commissioner; | ||||||
12 | (2) current issues in employment and housing | ||||||
13 | discrimination and public accommodation law and practice; | ||||||
14 | (3) orientation to each operational unit of the Human | ||||||
15 | Rights Commission; | ||||||
16 | (4) observation of experienced hearing officers and | ||||||
17 | commissioners conducting hearings of cases, combined with | ||||||
18 | the opportunity to discuss evidence presented and rulings | ||||||
19 | made; | ||||||
20 | (5) the use of hypothetical cases requiring the newly | ||||||
21 | appointed commissioner to issue judgments as a means of | ||||||
22 | evaluating knowledge and writing ability; | ||||||
23 | (6) writing skills; and | ||||||
24 | (7) professional and ethical standards. | ||||||
25 | A formal and ongoing professional development program | ||||||
26 | including, but not limited to, the above-noted areas shall be |
| |||||||
| |||||||
1 | implemented to keep commissioners informed of recent | ||||||
2 | developments and issues and to assist them in maintaining and | ||||||
3 | enhancing their professional competence. Each commissioner | ||||||
4 | shall complete 20 hours of training in the above-noted areas | ||||||
5 | during every 2 years the commissioner remains in office. | ||||||
6 | (G) Commissioners must meet one of the following | ||||||
7 | qualifications: | ||||||
8 | (1) licensed to practice law in the State of Illinois; | ||||||
9 | (2) at least 3 years of experience as a hearing | ||||||
10 | officer at the Human Rights Commission; or | ||||||
11 | (3) at least 4 years of professional experience | ||||||
12 | working for or dealing with individuals or corporations | ||||||
13 | affected by this Act or similar laws in other | ||||||
14 | jurisdictions, including, but not limited to, experience | ||||||
15 | with a civil rights advocacy group, a fair housing group, | ||||||
16 | a community organization, a trade association, a union, a | ||||||
17 | law firm, a legal aid organization, an employer's human | ||||||
18 | resources department, an employment discrimination | ||||||
19 | consulting firm, a community affairs organization, or a | ||||||
20 | municipal human relations agency. | ||||||
21 | The Governor's appointment message, filed with the | ||||||
22 | Secretary of State and transmitted to the Senate, shall state | ||||||
23 | specifically how the experience of a nominee for commissioner | ||||||
24 | meets the requirement set forth in this subsection. The | ||||||
25 | Chairperson must have public or private sector management and | ||||||
26 | budget experience, as determined by the Governor. |
| |||||||
| |||||||
1 | Each commissioner shall devote full time to the | ||||||
2 | commissioner's duties and any commissioner who is an attorney | ||||||
3 | shall not engage in the practice of law, nor shall any | ||||||
4 | commissioner hold any other office or position of profit under | ||||||
5 | the United States or this State or any municipal corporation | ||||||
6 | or political subdivision of this State, nor engage in any | ||||||
7 | other business, employment, or vocation. | ||||||
8 | (H) (Blank). | ||||||
9 | (Source: P.A. 102-1129, eff. 2-10-23; 103-326, eff. 1-1-24; | ||||||
10 | revised 12-15-23.)
| ||||||
11 | Section 622. The Business Corporation Act of 1983 is | ||||||
12 | amended by changing Section 1.80 as follows:
| ||||||
13 | (805 ILCS 5/1.80) (from Ch. 32, par. 1.80) | ||||||
14 | Sec. 1.80. Definitions. As used in this Act, unless the | ||||||
15 | context otherwise requires, the words and phrases defined in | ||||||
16 | this Section shall have the meanings set forth herein. | ||||||
17 | (a) "Corporation" or "domestic corporation" means a | ||||||
18 | corporation subject to the provisions of this Act, except a | ||||||
19 | foreign corporation. | ||||||
20 | (b) "Foreign corporation" means a corporation for profit | ||||||
21 | organized under laws other than the laws of this State, but | ||||||
22 | shall not include a banking corporation organized under the | ||||||
23 | laws of another state or of the United States, a foreign | ||||||
24 | banking corporation organized under the laws of a country |
| |||||||
| |||||||
1 | other than the United States and holding a certificate of | ||||||
2 | authority from the Commissioner of Banks and Real Estate | ||||||
3 | issued pursuant to the Foreign Banking Office Act, or a | ||||||
4 | banking corporation holding a license from the Commissioner of | ||||||
5 | Banks and Real Estate issued pursuant to the Foreign Bank | ||||||
6 | Representative Office Act. | ||||||
7 | (c) "Articles of incorporation" means the original | ||||||
8 | articles of incorporation, including the articles of | ||||||
9 | incorporation of a new corporation set forth in the articles | ||||||
10 | of consolidation, and all amendments thereto, whether | ||||||
11 | evidenced by articles of amendment, articles of merger, | ||||||
12 | articles of exchange, statement of correction affecting | ||||||
13 | articles, resolution establishing series of shares or a | ||||||
14 | statement of cancellation under Section 9.05. Restated | ||||||
15 | articles of incorporation shall supersede the original | ||||||
16 | articles of incorporation and all amendments thereto prior to | ||||||
17 | the effective date of filing the articles of amendment | ||||||
18 | incorporating the restated articles of incorporation. | ||||||
19 | (d) "Subscriber" means one who subscribes for shares in a | ||||||
20 | corporation, whether before or after incorporation. | ||||||
21 | (e) "Incorporator" means one of the signers of the | ||||||
22 | original articles of incorporation. | ||||||
23 | (f) "Shares" means the units into which the proprietary | ||||||
24 | interests in a corporation are divided. | ||||||
25 | (g) "Shareholder" means one who is a holder of record of | ||||||
26 | shares in a corporation. |
| |||||||
| |||||||
1 | (h) "Certificate" representing shares means a written | ||||||
2 | instrument executed by the proper corporate officers, as | ||||||
3 | required by Section 6.35 of this Act, evidencing the fact that | ||||||
4 | the person therein named is the holder of record of the share | ||||||
5 | or shares therein described. If the corporation is authorized | ||||||
6 | to issue uncertificated shares in accordance with Section 6.35 | ||||||
7 | of this Act, any reference in this Act to shares represented by | ||||||
8 | a certificate shall also refer to uncertificated shares and | ||||||
9 | any reference to a certificate representing shares shall also | ||||||
10 | refer to the written notice in lieu of a certificate provided | ||||||
11 | for in Section 6.35. | ||||||
12 | (i) "Authorized shares" means the aggregate number of | ||||||
13 | shares of all classes which the corporation is authorized to | ||||||
14 | issue. | ||||||
15 | (j) "Paid-in capital" means the sum of the cash and other | ||||||
16 | consideration received, less expenses, including commissions, | ||||||
17 | paid or incurred by the corporation, in connection with the | ||||||
18 | issuance of shares, plus any cash and other consideration | ||||||
19 | contributed to the corporation by or on behalf of its | ||||||
20 | shareholders, plus amounts added or transferred to paid-in | ||||||
21 | capital by action of the board of directors or shareholders | ||||||
22 | pursuant to a share dividend, share split, or otherwise, minus | ||||||
23 | reductions as provided elsewhere in this Act. Irrespective of | ||||||
24 | the manner of designation thereof by the laws under which a | ||||||
25 | foreign corporation is or may be organized, paid-in capital of | ||||||
26 | a foreign corporation shall be determined on the same basis |
| |||||||
| |||||||
1 | and in the same manner as paid-in capital of a domestic | ||||||
2 | corporation, for the purpose of computing license fees, | ||||||
3 | franchise taxes and other charges imposed by this Act. | ||||||
4 | (k) "Net assets", for the purpose of determining the right | ||||||
5 | of a corporation to purchase its own shares and of determining | ||||||
6 | the right of a corporation to declare and pay dividends and | ||||||
7 | make other distributions to shareholders is equal to the | ||||||
8 | difference between the assets of the corporation and the | ||||||
9 | liabilities of the corporation. | ||||||
10 | (l) "Registered office" means that office maintained by | ||||||
11 | the corporation in this State, the address of which is on file | ||||||
12 | in the office of the Secretary of State, at which any process, | ||||||
13 | notice or demand required or permitted by law may be served | ||||||
14 | upon the registered agent of the corporation. | ||||||
15 | (m) "Insolvent" means that a corporation is unable to pay | ||||||
16 | its debts as they become due in the usual course of its | ||||||
17 | business. | ||||||
18 | (n) "Anniversary" means that day each year exactly one or | ||||||
19 | more years after: | ||||||
20 | (1) the date of filing the articles of incorporation | ||||||
21 | prescribed by Section 2.10 of this Act, in the case of a | ||||||
22 | domestic corporation; | ||||||
23 | (2) the date of filing the application for authority | ||||||
24 | prescribed by Section 13.15 of this Act, in the case of a | ||||||
25 | foreign corporation; or | ||||||
26 | (3) the date of filing the articles of consolidation |
| |||||||
| |||||||
1 | prescribed by Section 11.25 of this Act in the case of a | ||||||
2 | consolidation, unless the plan of consolidation provides | ||||||
3 | for a delayed effective date, pursuant to Section 11.40. | ||||||
4 | (o) "Anniversary month" means the month in which the | ||||||
5 | anniversary of the corporation occurs. | ||||||
6 | (p) "Extended filing month" means the month (if any) which | ||||||
7 | shall have been established in lieu of the corporation's | ||||||
8 | anniversary month in accordance with Section 14.01. | ||||||
9 | (q) "Taxable year" means that 12-month 12 month period | ||||||
10 | commencing with the first day of the anniversary month of a | ||||||
11 | corporation through the last day of the month immediately | ||||||
12 | preceding the next occurrence of the anniversary month of the | ||||||
13 | corporation, except that in the case of a corporation that has | ||||||
14 | established an extended filing month "taxable year" means that | ||||||
15 | 12-month 12 month period commencing with the first day of the | ||||||
16 | extended filing month through the last day of the month | ||||||
17 | immediately preceding the next occurrence of the extended | ||||||
18 | filing month. | ||||||
19 | (r) "Fiscal year" means the 12-month 12 month period with | ||||||
20 | respect to which a corporation ordinarily files its federal | ||||||
21 | income tax return. | ||||||
22 | (s) "Close corporation" means a corporation organized | ||||||
23 | under or electing to be subject to Article 2A of this Act, the | ||||||
24 | articles of incorporation of which contain the provisions | ||||||
25 | required by Section 2.10, and either the corporation's | ||||||
26 | articles of incorporation or an agreement entered into by all |
| |||||||
| |||||||
1 | of its shareholders provide that all of the issued shares of | ||||||
2 | each class shall be subject to one or more of the restrictions | ||||||
3 | on transfer set forth in Section 6.55 of this Act. | ||||||
4 | (t) "Common shares" means shares which have no preference | ||||||
5 | over any other shares with respect to distribution of assets | ||||||
6 | on liquidation or with respect to payment of dividends. | ||||||
7 | (u) "Delivered", for the purpose of determining if any | ||||||
8 | notice required by this Act is effective, means: | ||||||
9 | (1) transferred or presented to someone in person; or | ||||||
10 | (2) deposited in the United States Mail addressed to | ||||||
11 | the person at his, her or its address as it appears on the | ||||||
12 | records of the corporation, with sufficient first-class | ||||||
13 | postage prepaid thereon. | ||||||
14 | (v) "Property" means gross assets including, without | ||||||
15 | limitation, all real, personal, tangible, and intangible | ||||||
16 | property. | ||||||
17 | (w) "Taxable period" means that 12-month period commencing | ||||||
18 | with the first day of the second month preceding the | ||||||
19 | corporation's anniversary month in the preceding year and | ||||||
20 | prior to the first day of the second month immediately | ||||||
21 | preceding its anniversary month in the current year, except | ||||||
22 | that, in the case of a corporation that has established an | ||||||
23 | extended filing month, "taxable period" means that 12-month | ||||||
24 | period ending with the last day of its fiscal year immediately | ||||||
25 | preceding the extended filing month. In the case of a newly | ||||||
26 | formed domestic corporation or a newly registered foreign |
| |||||||
| |||||||
1 | corporation that had not commenced transacting business in | ||||||
2 | this State prior to obtaining authority, "taxable period" | ||||||
3 | means that period commencing with the filing of the articles | ||||||
4 | of incorporation or, in the case of a foreign corporation, of | ||||||
5 | filing of the application for authority, and prior to the | ||||||
6 | first day of the second month immediately preceding its | ||||||
7 | anniversary month in the next succeeding year. | ||||||
8 | (x) "Treasury shares" mean (1) shares of a corporation | ||||||
9 | that have been issued, have been subsequently acquired by and | ||||||
10 | belong to the corporation, and have not been cancelled or | ||||||
11 | restored to the status of authorized but unissued shares and | ||||||
12 | (2) shares (i) declared and paid as a share dividend on the | ||||||
13 | shares referred to in clause (1) or this clause (2), or (ii) | ||||||
14 | issued in a share split of the shares referred to in clause (1) | ||||||
15 | or this clause (2). Treasury shares shall be deemed to be | ||||||
16 | "issued" shares but not "outstanding" shares. Treasury shares | ||||||
17 | may not be voted, directly or indirectly, at any meeting or | ||||||
18 | otherwise. Shares converted into or exchanged for other shares | ||||||
19 | of the corporation shall not be deemed to be treasury shares. | ||||||
20 | (y) "Gross amount of business" means gross receipts, from | ||||||
21 | whatever source derived. | ||||||
22 | (z) "Open data" means data that is expressed in a | ||||||
23 | machine-readable form and that is made freely available to the | ||||||
24 | public under an open license, without registration | ||||||
25 | requirement, and without any other restrictions that would | ||||||
26 | impede its use or reuse. |
| |||||||
| |||||||
1 | (Source: P.A. 102-49, eff. 1-1-22; revised 1-20-24.)
| ||||||
2 | Section 625. The General Not For Profit Corporation Act of | ||||||
3 | 1986 is amended by changing Section 103.05 as follows:
| ||||||
4 | (805 ILCS 105/103.05) (from Ch. 32, par. 103.05) | ||||||
5 | Sec. 103.05. Purposes and authority of corporations; | ||||||
6 | particular purposes; exemptions. | ||||||
7 | (a) Not-for-profit corporations may be organized under | ||||||
8 | this Act for any one or more of the following or similar | ||||||
9 | purposes: | ||||||
10 | (1) Charitable. | ||||||
11 | (2) Benevolent. | ||||||
12 | (3) Eleemosynary. | ||||||
13 | (4) Educational. | ||||||
14 | (5) Civic. | ||||||
15 | (6) Patriotic. | ||||||
16 | (7) Political. | ||||||
17 | (8) Religious. | ||||||
18 | (9) Social. | ||||||
19 | (10) Literary. | ||||||
20 | (11) Athletic. | ||||||
21 | (12) Scientific. | ||||||
22 | (13) Research. | ||||||
23 | (14) Agricultural. | ||||||
24 | (15) Horticultural. |
| |||||||
| |||||||
1 | (16) Soil improvement. | ||||||
2 | (17) Crop improvement. | ||||||
3 | (18) Livestock or poultry improvement. | ||||||
4 | (19) Professional, commercial, industrial, or trade | ||||||
5 | association. | ||||||
6 | (20) Promoting the development, establishment, or | ||||||
7 | expansion of industries. | ||||||
8 | (21) Electrification on a cooperative basis. | ||||||
9 | (22) Telephone service on a mutual or cooperative | ||||||
10 | basis. | ||||||
11 | (23) Ownership and operation of water supply | ||||||
12 | facilities for drinking and general domestic use on a | ||||||
13 | mutual or cooperative basis. | ||||||
14 | (24) Ownership or administration of residential | ||||||
15 | property on a cooperative basis. | ||||||
16 | (25) Administration and operation of property owned on | ||||||
17 | a condominium basis or by a homeowner association. | ||||||
18 | (26) Administration and operation of an organization | ||||||
19 | on a cooperative basis producing or furnishing goods, | ||||||
20 | services, or facilities primarily for the benefit of its | ||||||
21 | members who are consumers of those goods, services, or | ||||||
22 | facilities. | ||||||
23 | (27) Operation of a community mental health board or | ||||||
24 | center organized pursuant to the Community Mental Health | ||||||
25 | Act for the purpose of providing direct patient services. | ||||||
26 | (28) Provision of debt management services as |
| |||||||
| |||||||
1 | authorized by the Debt Management Service Act. | ||||||
2 | (29) Promotion, operation, and administration of a | ||||||
3 | ridesharing arrangement as defined in Section 1-176.1 of | ||||||
4 | the Illinois Vehicle Code. | ||||||
5 | (30) The administration and operation of an | ||||||
6 | organization for the purpose of assisting low-income | ||||||
7 | consumers in the acquisition of utility and telephone | ||||||
8 | services. | ||||||
9 | (31) Any purpose permitted to be exempt from taxation | ||||||
10 | under Sections 501(c) or 501(d) of the United States | ||||||
11 | Internal Revenue Code, as now in or hereafter amended. | ||||||
12 | (32) Any purpose that would qualify for tax-deductible | ||||||
13 | gifts under the Section 170(c) of the United States | ||||||
14 | Internal Revenue Code, as now or hereafter amended. Any | ||||||
15 | such purpose is deemed to be charitable under subsection | ||||||
16 | (a)(1) of this Section. | ||||||
17 | (33) Furnishing of natural gas on a cooperative basis. | ||||||
18 | (34) Ownership and operation of agriculture-based | ||||||
19 | biogas (anaerobic digester) systems on a cooperative basis | ||||||
20 | including the marketing and sale of products produced from | ||||||
21 | these, including , but not limited to , methane gas, | ||||||
22 | electricity, and compost. | ||||||
23 | (35) Ownership and operation of a hemophilia program, | ||||||
24 | including comprehensive hemophilia diagnostic treatment | ||||||
25 | centers, under Section 501(a)(2) of the Social Security | ||||||
26 | Act. The hemophilia program may employ physicians, other |
| |||||||
| |||||||
1 | health care professionals, and staff. The program and the | ||||||
2 | corporate board may not exercise control over, direct, or | ||||||
3 | interfere with a physician's exercise and execution of his | ||||||
4 | or her professional judgment in the provision of care or | ||||||
5 | treatment. | ||||||
6 | (36) Engineering for conservation services associated | ||||||
7 | with wetland restoration or mitigation, flood mitigation, | ||||||
8 | groundwater recharge, and natural infrastructure. | ||||||
9 | Non-profit engineering for conservation services may not | ||||||
10 | be procured by qualifications based selection criteria for | ||||||
11 | contracts with the Department of Transportation, the | ||||||
12 | Illinois State Toll Highway Authority, or Cook County, | ||||||
13 | except as a subcontractor or subconsultant. | ||||||
14 | (b) A corporation may be organized hereunder to serve in | ||||||
15 | an area that adjoins or borders (except for any intervening | ||||||
16 | natural watercourse) an area located in an adjoining state | ||||||
17 | intended to be similarly served, and the corporation may join | ||||||
18 | any corporation created by the adjoining state having an | ||||||
19 | identical purpose and organized as a not-for-profit | ||||||
20 | corporation. Whenever any corporation organized under this Act | ||||||
21 | so joins with a foreign corporation having an identical | ||||||
22 | purpose, the corporation shall be permitted to do business in | ||||||
23 | Illinois as one corporation; provided (1) that the name, bylaw | ||||||
24 | provisions, officers, and directors of each corporation are | ||||||
25 | identical, (2) that the foreign corporation complies with the | ||||||
26 | provisions of this Act relating to the admission of foreign |
| |||||||
| |||||||
1 | corporation, and (3) that the Illinois corporation files a | ||||||
2 | statement with the Secretary of State indicating that it has | ||||||
3 | joined with a foreign corporation setting forth the name | ||||||
4 | thereof and the state of its incorporation. | ||||||
5 | (Source: P.A. 103-66, eff. 6-9-23; revised 9-21-23.)
| ||||||
6 | Section 630. The Consumer Fraud and Deceptive Business | ||||||
7 | Practices Act is amended by setting forth, renumbering, and | ||||||
8 | changing multiple versions of Section 2BBBB as follows:
| ||||||
9 | (815 ILCS 505/2BBBB) | ||||||
10 | Sec. 2BBBB. Deceptive practices related to limited | ||||||
11 | services pregnancy centers. | ||||||
12 | (a) As used in this Section: | ||||||
13 | "Abortion" means the use of any instrument, medicine, | ||||||
14 | drug, or any other substance or device to terminate the | ||||||
15 | pregnancy of an individual known to be pregnant with an | ||||||
16 | intention other than to increase the probability of a live | ||||||
17 | birth, to preserve the life or health of the child after live | ||||||
18 | birth, or to remove a dead fetus, as defined in Section 1-10 of | ||||||
19 | the Reproductive Health Act. | ||||||
20 | "Affiliates" has the meaning given to the term "hospital | ||||||
21 | affiliate" as defined in subsection (b) of Section 10.8 of the | ||||||
22 | Hospital Licensing Act. | ||||||
23 | "Emergency contraception" means one or more prescription | ||||||
24 | drugs (i) used separately or in combination for the purpose of |
| |||||||
| |||||||
1 | preventing pregnancy, (ii) administered to or | ||||||
2 | self-administered by a patient within a medically recommended | ||||||
3 | amount of time after sexual intercourse, and (iii) dispensed | ||||||
4 | for such purpose in accordance with professional standards of | ||||||
5 | practice. | ||||||
6 | "Limited services pregnancy center" means an organization | ||||||
7 | or facility, including a mobile facility, that: | ||||||
8 | (1) does not directly provide abortions or provide or | ||||||
9 | prescribe emergency contraception, or provide referrals | ||||||
10 | for abortions or emergency contraception, and has no | ||||||
11 | affiliation with any organization or provider who provides | ||||||
12 | abortions or provides or prescribes emergency | ||||||
13 | contraception; and | ||||||
14 | (2) has a primary purpose to offer or provide | ||||||
15 | pregnancy-related services to an individual who is or has | ||||||
16 | reason to believe the individual may be pregnant, whether | ||||||
17 | or not a fee is charged for such services. | ||||||
18 | "Limited services pregnancy center" does not include: | ||||||
19 | (1) a health care professional licensed by the | ||||||
20 | Department of Financial and Professional Regulation; | ||||||
21 | (2) a hospital licensed under the Hospital Licensing | ||||||
22 | Act and its affiliates; or | ||||||
23 | (3) a hospital licensed under the University of | ||||||
24 | Illinois Hospital Act and its affiliates. | ||||||
25 | "Limited services pregnancy center" includes an organization | ||||||
26 | or facility that has employees, volunteers, or agents who are |
| |||||||
| |||||||
1 | health care professionals licensed by the Department of | ||||||
2 | Financial and Professional Regulation. | ||||||
3 | "Pregnancy-related services" means any medical service, or | ||||||
4 | health counseling service, related to the prevention, | ||||||
5 | preservation, or termination of pregnancy, including, but not | ||||||
6 | limited to, contraception and contraceptive counseling, | ||||||
7 | pregnancy testing, pregnancy diagnosis, pregnancy options | ||||||
8 | counseling, limited obstetric ultrasound, obstetric | ||||||
9 | ultrasound, obstetric sonogram, sexually transmitted | ||||||
10 | infections testing, and prenatal care. | ||||||
11 | (b) A limited services pregnancy center shall not engage | ||||||
12 | in unfair methods of competition or unfair or deceptive acts | ||||||
13 | or practices, including the use or employment of any | ||||||
14 | deception, fraud, false pretense, false promise, or | ||||||
15 | misrepresentation, or the concealment, suppression, or | ||||||
16 | omission of any material fact, with the intent that others | ||||||
17 | rely upon the concealment, suppression, or omission of such | ||||||
18 | material fact: | ||||||
19 | (1) to interfere with or prevent an individual from | ||||||
20 | seeking to gain entry or access to a provider of abortion | ||||||
21 | or emergency contraception; | ||||||
22 | (2) to induce an individual to enter or access the | ||||||
23 | limited services pregnancy center; | ||||||
24 | (3) in advertising, soliciting, or otherwise offering | ||||||
25 | pregnancy-related services; or | ||||||
26 | (4) in conducting, providing, or performing |
| |||||||
| |||||||
1 | pregnancy-related services. | ||||||
2 | (c) A violation of this Section constitutes a violation of | ||||||
3 | this Act. | ||||||
4 | (Source: P.A. 103-270, eff. 7-27-23.)
| ||||||
5 | (815 ILCS 505/2CCCC) | ||||||
6 | Sec. 2CCCC 2BBBB . Violations of the Vision Care Plan | ||||||
7 | Regulation Act. Any person who violates the Vision Care Plan | ||||||
8 | Regulation Act commits an unlawful practice within the meaning | ||||||
9 | of this Act. | ||||||
10 | (Source: P.A. 103-482, eff. 8-4-23; revised 9-26-23.)
| ||||||
11 | (815 ILCS 505/2DDDD) | ||||||
12 | Sec. 2DDDD 2BBBB . Sale and marketing of firearms. | ||||||
13 | (a) As used in this Section: | ||||||
14 | "Firearm" has the meaning set forth in Section 1.1 of the | ||||||
15 | Firearm Owners Identification Card Act. | ||||||
16 | "Firearm accessory" means an attachment or device designed | ||||||
17 | or adapted to be inserted into, affixed onto, or used in | ||||||
18 | conjunction with a firearm that is designed, intended, or | ||||||
19 | functions to alter or enhance (i) the firing capabilities of a | ||||||
20 | firearm, frame, or receiver, (ii) the lethality of the | ||||||
21 | firearm, or (iii) a shooter's ability to hold and use a | ||||||
22 | firearm. | ||||||
23 | "Firearm ammunition" has the meaning set forth in Section | ||||||
24 | 1.1 of the Firearm Owners Identification Card Act. |
| |||||||
| |||||||
1 | "Firearm industry member" means a person, firm, | ||||||
2 | corporation, company, partnership, society, joint stock | ||||||
3 | company, or any other entity or association engaged in the | ||||||
4 | design, manufacture, distribution, importation, marketing, | ||||||
5 | wholesale, or retail sale of firearm-related products, | ||||||
6 | including sales by mail, telephone, or Internet or in-person | ||||||
7 | sales. | ||||||
8 | "Firearm-related product" means a firearm, firearm | ||||||
9 | ammunition, a firearm precursor part, a firearm component, or | ||||||
10 | a firearm accessory that meets any of the following | ||||||
11 | conditions: | ||||||
12 | (1) the item is sold, made, or distributed in | ||||||
13 | Illinois; | ||||||
14 | (2) the item is intended to be sold or distributed in | ||||||
15 | Illinois; or | ||||||
16 | (3) the item is or was possessed in Illinois, and it | ||||||
17 | was reasonably foreseeable that the item would be | ||||||
18 | possessed in Illinois. | ||||||
19 | "Straw purchaser" means a person who (i) knowingly | ||||||
20 | purchases or attempts to purchase a firearm-related product | ||||||
21 | with intent to deliver that firearm-related product to another | ||||||
22 | person who is prohibited by federal or State law from | ||||||
23 | possessing a firearm-related product or (ii) intentionally | ||||||
24 | provides false or misleading information on a Bureau of | ||||||
25 | Alcohol, Tobacco, Firearms and Explosives firearms transaction | ||||||
26 | record form to purchase a firearm-related product with the |
| |||||||
| |||||||
1 | intent to deliver that firearm-related product to another | ||||||
2 | person. | ||||||
3 | "Unlawful paramilitary or private militia" means a group | ||||||
4 | of armed individuals, organized privately, in violation of the | ||||||
5 | Military Code of Illinois and Section 2 of Article XII of the | ||||||
6 | Illinois Constitution. | ||||||
7 | (b) It is an unlawful practice within the meaning of this | ||||||
8 | Act for any firearm industry member, through the sale, | ||||||
9 | manufacturing, importing, or marketing of a firearm-related | ||||||
10 | product, to do any of the following: | ||||||
11 | (1) Knowingly create, maintain, or contribute to a | ||||||
12 | condition in Illinois that endangers the safety or health | ||||||
13 | of the public by conduct either unlawful in itself or | ||||||
14 | unreasonable under all circumstances, including failing to | ||||||
15 | establish or utilize reasonable controls. Reasonable | ||||||
16 | controls include reasonable procedures, safeguards, and | ||||||
17 | business practices that are designed to: | ||||||
18 | (A) prevent the sale or distribution of a | ||||||
19 | firearm-related product to a straw purchaser, a person | ||||||
20 | prohibited by law from possessing a firearm, or a | ||||||
21 | person who the firearm industry member has reasonable | ||||||
22 | cause to believe is at substantial risk of using a | ||||||
23 | firearm-related product to harm themselves or another | ||||||
24 | individual or of possessing or using a firearm-related | ||||||
25 | product unlawfully; | ||||||
26 | (B) prevent the loss or theft of a firearm-related |
| |||||||
| |||||||
1 | product from the firearm industry member; or | ||||||
2 | (C) comply with all provisions of applicable | ||||||
3 | local, State, and federal law, and do not otherwise | ||||||
4 | promote the unlawful manufacture, sale, possession, | ||||||
5 | marketing, or use of a firearm-related product. | ||||||
6 | (2) Advertise, market, or promote a firearm-related | ||||||
7 | product in a manner that reasonably appears to support, | ||||||
8 | recommend, or encourage individuals to engage in unlawful | ||||||
9 | paramilitary or private militia activity in Illinois, or | ||||||
10 | individuals who are not in the National Guard, United | ||||||
11 | States armed forces reserves, United States armed forces, | ||||||
12 | or any duly authorized military organization to use a | ||||||
13 | firearm-related product for a military-related purpose in | ||||||
14 | Illinois. | ||||||
15 | (3) Except as otherwise provided, advertise, market, | ||||||
16 | promote, design, or sell any firearm-related product in a | ||||||
17 | manner that reasonably appears to support, recommend, or | ||||||
18 | encourage persons under 18 years of age to unlawfully | ||||||
19 | purchase or possess or use a firearm-related product in | ||||||
20 | Illinois. | ||||||
21 | (A) In determining whether the conduct of a | ||||||
22 | firearm industry member, as described in this | ||||||
23 | paragraph, reasonably appears to support, recommend, | ||||||
24 | or encourage persons under 18 years of age to | ||||||
25 | unlawfully purchase a firearm-related product, a court | ||||||
26 | shall consider the totality of the circumstances, |
| |||||||
| |||||||
1 | including, but not limited to, whether the marketing, | ||||||
2 | advertising promotion, design, or sale: | ||||||
3 | (i) uses caricatures that reasonably appear to | ||||||
4 | be minors or cartoon characters; | ||||||
5 | (ii) offers brand name merchandise for minors, | ||||||
6 | including, but not limited to, clothing, toys, | ||||||
7 | games, or stuffed animals, that promotes a firearm | ||||||
8 | industry member or firearm-related product; | ||||||
9 | (iii) offers firearm-related products in | ||||||
10 | sizes, colors, or designs that are specifically | ||||||
11 | designed to be used by, or appeal to, minors; | ||||||
12 | (iv) is part of a marketing, advertising, or | ||||||
13 | promotion campaign designed with the intent to | ||||||
14 | appeal to minors; | ||||||
15 | (v) uses images or depictions of minors in | ||||||
16 | advertising or marketing, or promotion materials, | ||||||
17 | to depict the use of firearm-related products; or | ||||||
18 | (vi) is placed in a publication created for | ||||||
19 | the purpose of reaching an audience that is | ||||||
20 | predominantly composed of minors and not intended | ||||||
21 | for a more general audience composed of adults. | ||||||
22 | (B) This paragraph does not apply to | ||||||
23 | communications or promotional materials regarding | ||||||
24 | lawful recreational activity with a firearm , such as, | ||||||
25 | but not limited to, practice shooting at targets on | ||||||
26 | established public or private target ranges or |
| |||||||
| |||||||
1 | hunting, trapping, or fishing in accordance with the | ||||||
2 | Wildlife Code or the Fish and Aquatic Life Code. | ||||||
3 | (4) Otherwise engage in unfair methods of competition | ||||||
4 | or unfair or deceptive acts or practices declared unlawful | ||||||
5 | under Section 2 of this Act. | ||||||
6 | (c) Paragraphs (2), (3), and (4) of subsection (b) are | ||||||
7 | declarative of existing law and shall not be construed as new | ||||||
8 | enactments. The provisions of these paragraphs shall apply to | ||||||
9 | all actions commenced or pending on or after August 14, 2023 | ||||||
10 | ( the effective date of Public Act 103-559) this amendatory Act | ||||||
11 | of the 103rd General Assembly . | ||||||
12 | (d) The provisions of this Section are severable under | ||||||
13 | Section 1.31 of the Statute on Statutes. | ||||||
14 | (Source: P.A. 103-559, eff. 8-14-23; revised 9-26-23.)
| ||||||
15 | Section 635. The Minimum Wage Law is amended by changing | ||||||
16 | Section 12 as follows:
| ||||||
17 | (820 ILCS 105/12) | ||||||
18 | Sec. 12. (a) If any employee is paid by his or her employer | ||||||
19 | less than the wage to which he or she is entitled under the | ||||||
20 | provisions of this Act, the employee may recover in a civil | ||||||
21 | action treble the amount of any such underpayments together | ||||||
22 | with costs and such reasonable attorney's fees as may be | ||||||
23 | allowed by the Court, and damages of 5% of the amount of any | ||||||
24 | such underpayments for each month following the date of |
| |||||||
| |||||||
1 | payment during which such underpayments remain unpaid. Any | ||||||
2 | agreement between the employee and the employer to work for | ||||||
3 | less than such wage is no defense to such action. At the | ||||||
4 | request of the employee or on motion of the Director of Labor, | ||||||
5 | the Department of Labor may make an assignment of such wage | ||||||
6 | claim in trust for the assigning employee and may bring any | ||||||
7 | legal action necessary to collect such claim, and the employer | ||||||
8 | shall be required to pay the costs incurred in collecting such | ||||||
9 | claim. Every such action shall be brought within 3 years from | ||||||
10 | the date of the underpayment. Such employer shall be liable to | ||||||
11 | the Department of Labor for a penalty in an amount of up to 20% | ||||||
12 | of the total employer's underpayment where the employer's | ||||||
13 | conduct is proven by a preponderance of the evidence to be | ||||||
14 | willful, repeated, or with reckless disregard of this Act or | ||||||
15 | any rule adopted under this Act. Such employer shall be liable | ||||||
16 | to the Department for an additional penalty of $1,500. All | ||||||
17 | administrative penalties ordered under this Act shall be paid | ||||||
18 | by certified check, money order, or by an electronic payment | ||||||
19 | system designated by the Department for such purposes , and | ||||||
20 | shall be made payable to or deposited into the Department's | ||||||
21 | Wage Theft Enforcement Fund. Such employer shall be | ||||||
22 | additionally liable to the employee for damages in the amount | ||||||
23 | of 5% of the amount of any such underpayments for each month | ||||||
24 | following the date of payment during which such underpayments | ||||||
25 | remain unpaid. These penalties and damages may be recovered in | ||||||
26 | a civil action brought by the Director of Labor in any circuit |
| |||||||
| |||||||
1 | court. In any such action, the Director of Labor shall be | ||||||
2 | represented by the Attorney General. | ||||||
3 | If an employee collects damages of 5% of the amount of | ||||||
4 | underpayments as a result of an action brought by the Director | ||||||
5 | of Labor, the employee may not also collect those damages in a | ||||||
6 | private action brought by the employee for the same violation. | ||||||
7 | If an employee collects damages of 5% of the amount of | ||||||
8 | underpayments in a private action brought by the employee, the | ||||||
9 | employee may not also collect those damages as a result of an | ||||||
10 | action brought by the Director of Labor for the same | ||||||
11 | violation. | ||||||
12 | (b) If an employee has not collected damages under | ||||||
13 | subsection (a) for the same violation, the Director is | ||||||
14 | authorized to supervise the payment of the unpaid minimum | ||||||
15 | wages and the unpaid overtime compensation owing to any | ||||||
16 | employee or employees under Sections 4 and 4a of this Act and | ||||||
17 | may bring any legal action necessary to recover the amount of | ||||||
18 | the unpaid minimum wages and unpaid overtime compensation and | ||||||
19 | an equal additional amount as damages, and the employer shall | ||||||
20 | be required to pay the costs incurred in collecting such | ||||||
21 | claim. Such employer shall be additionally liable to the | ||||||
22 | Department of Labor for up to 20% of the total employer's | ||||||
23 | underpayment where the employer's conduct is proven by a | ||||||
24 | preponderance of the evidence to be willful, repeated, or with | ||||||
25 | reckless disregard of this Act or any rule adopted under this | ||||||
26 | Act. Such employer shall be liable to the Department of Labor |
| |||||||
| |||||||
1 | for an additional penalty of $1,500, payable to the | ||||||
2 | Department's Wage Theft Enforcement Fund. The action shall be | ||||||
3 | brought within 5 years from the date of the failure to pay the | ||||||
4 | wages or compensation. Any sums thus recovered by the Director | ||||||
5 | on behalf of an employee pursuant to this subsection shall be | ||||||
6 | deposited into the Department of Labor Special State Trust | ||||||
7 | Fund, from which the Department shall disburse the sums owed | ||||||
8 | to the employee or employees. The Department shall conduct a | ||||||
9 | good faith search to find all employees for whom it has | ||||||
10 | recovered unpaid minimum wages or unpaid overtime | ||||||
11 | compensation. All disbursements authorized under this Section | ||||||
12 | shall be made by certified check, money order, or an | ||||||
13 | electronic payment system designated by the Department. | ||||||
14 | (c) The Department shall hold any moneys due to employees | ||||||
15 | that it is unable to locate in the Department of Labor Special | ||||||
16 | State Trust Fund for no less than 3 years after the moneys were | ||||||
17 | collected. | ||||||
18 | Beginning November 1, 2023, or as soon as is practical, | ||||||
19 | and each November 1 thereafter, the Department shall report | ||||||
20 | any moneys due to employees who cannot be located and that have | ||||||
21 | been held by the Department in the Department of Labor Special | ||||||
22 | State Trust Fund for 3 or more years and moneys due to | ||||||
23 | employees who are deceased to the State Treasurer as required | ||||||
24 | by the Revised Uniform Unclaimed Property Act. The Department | ||||||
25 | shall not be required to provide the notice required under | ||||||
26 | Section 15-501 of the Revised Uniform Unclaimed Property Act. |
| |||||||
| |||||||
1 | Beginning July 1, 2023, or as soon as is practical, and | ||||||
2 | each July 1 thereafter, the Department shall direct the State | ||||||
3 | Comptroller and State Treasurer to transfer from the | ||||||
4 | Department of Labor Special State Trust Fund the balance of | ||||||
5 | the moneys due to employees who cannot be located and that have | ||||||
6 | been held by the Department in the Department of Labor Special | ||||||
7 | State Trust Fund for 3 or more years and moneys due to | ||||||
8 | employees who are deceased as follows: (i) 15% to the Wage | ||||||
9 | Theft Enforcement Fund and (ii) 85% to the Unclaimed Property | ||||||
10 | Trust Fund. | ||||||
11 | The Department may use moneys in the Wage Theft | ||||||
12 | Enforcement Fund for the purposes described in Section 14 of | ||||||
13 | the Illinois Wage Payment and Collection Act. | ||||||
14 | (d) The Department may adopt rules to implement and | ||||||
15 | administer this Section. | ||||||
16 | (Source: P.A. 103-182, eff. 6-30-23; 103-201, eff. 1-1-24; | ||||||
17 | revised 12-15-23.)
| ||||||
18 | Section 640. The Equal Pay Act of 2003 is amended by | ||||||
19 | changing Section 30 as follows:
| ||||||
20 | (820 ILCS 112/30) | ||||||
21 | (Text of Section before amendment by P.A. 103-539 ) | ||||||
22 | Sec. 30. Violations; fines and penalties. | ||||||
23 | (a) If an employee is paid by his or her employer less than | ||||||
24 | the wage to which he or she is entitled in violation of Section |
| |||||||
| |||||||
1 | 10 or 11 of this Act, the employee may recover in a civil | ||||||
2 | action the entire amount of any underpayment together with | ||||||
3 | interest, compensatory damages if the employee demonstrates | ||||||
4 | that the employer acted with malice or reckless indifference, | ||||||
5 | punitive damages as may be appropriate, injunctive relief as | ||||||
6 | may be appropriate, and the costs and reasonable attorney's | ||||||
7 | fees as may be allowed by the court and as necessary to make | ||||||
8 | the employee whole. At the request of the employee or on a | ||||||
9 | motion of the Director, the Department may make an assignment | ||||||
10 | of the wage claim in trust for the assigning employee and may | ||||||
11 | bring any legal action necessary to collect the claim, and the | ||||||
12 | employer shall be required to pay the costs incurred in | ||||||
13 | collecting the claim. Every such action shall be brought | ||||||
14 | within 5 years from the date of the underpayment. For purposes | ||||||
15 | of this Act, "date of the underpayment" means each time wages | ||||||
16 | are underpaid. | ||||||
17 | (a-5) If an employer violates subsection (b), (b-5), | ||||||
18 | (b-10), or (b-20) of Section 10, the employee may recover in a | ||||||
19 | civil action any damages incurred, special damages not to | ||||||
20 | exceed $10,000, injunctive relief as may be appropriate, and | ||||||
21 | costs and reasonable attorney's fees as may be allowed by the | ||||||
22 | court and as necessary to make the employee whole. If special | ||||||
23 | damages are available, an employee may recover compensatory | ||||||
24 | damages only to the extent such damages exceed the amount of | ||||||
25 | special damages. Such action shall be brought within 5 years | ||||||
26 | from the date of the violation. |
| |||||||
| |||||||
1 | (b) The Director is authorized to supervise the payment of | ||||||
2 | the unpaid wages under subsection (a) or damages under | ||||||
3 | subsection (b), (b-5), (b-10), or (b-20) of Section 10 owing | ||||||
4 | to any employee or employees under this Act and may bring any | ||||||
5 | legal action necessary to recover the amount of unpaid wages, | ||||||
6 | damages, and penalties or to seek injunctive relief, and the | ||||||
7 | employer shall be required to pay the costs. Any sums | ||||||
8 | recovered by the Director on behalf of an employee under this | ||||||
9 | Section shall be paid to the employee or employees affected. | ||||||
10 | (c) Employers who violate any provision of this Act or any | ||||||
11 | rule adopted under the Act are subject to a civil penalty, | ||||||
12 | payable to the Department, for each employee affected as | ||||||
13 | follows: | ||||||
14 | (1) An employer with fewer than 4 employees: first | ||||||
15 | offense, a fine not to exceed $500; second offense, a fine | ||||||
16 | not to exceed $2,500; third or subsequent offense, a fine | ||||||
17 | not to exceed $5,000. | ||||||
18 | (2) An employer with between 4 and 99 employees: first | ||||||
19 | offense, a fine not to exceed $2,500; second offense, a | ||||||
20 | fine not to exceed $3,000; third or subsequent offense, a | ||||||
21 | fine not to exceed $5,000. | ||||||
22 | (3) An employer with 100 or more employees who | ||||||
23 | violates any Section of this Act except for Section 11 | ||||||
24 | shall be fined up to $10,000 per employee affected. An | ||||||
25 | employer with 100 or more employees that is a business as | ||||||
26 | defined under Section 11 and commits a violation of |
| |||||||
| |||||||
1 | Section 11 shall be fined up to $10,000. | ||||||
2 | Before any imposition of a penalty under this subsection, | ||||||
3 | an employer with 100 or more employees who violates item (b) of | ||||||
4 | Section 11 and inadvertently fails to file an initial | ||||||
5 | application or recertification shall be provided 30 calendar | ||||||
6 | days by the Department to submit the application or | ||||||
7 | recertification. | ||||||
8 | An employer or person who violates subsection (b), (b-5), | ||||||
9 | (b-10), (b-20), or (c) of Section 10 is subject to a civil | ||||||
10 | penalty not to exceed $5,000 for each violation for each | ||||||
11 | employee affected, payable to the Department. | ||||||
12 | (d) In determining the amount of the penalty, the | ||||||
13 | appropriateness of the penalty to the size of the business of | ||||||
14 | the employer charged and the gravity of the violation shall be | ||||||
15 | considered. The penalty may be recovered in a civil action | ||||||
16 | brought by the Director in any circuit court. | ||||||
17 | (Source: P.A. 102-36, eff. 6-25-21; 103-201, eff. 1-1-24.)
| ||||||
18 | (Text of Section after amendment by P.A. 103-539 ) | ||||||
19 | Sec. 30. Violations; fines and penalties. | ||||||
20 | (a) If an employee is paid by his or her employer less than | ||||||
21 | the wage to which he or she is entitled in violation of Section | ||||||
22 | 10 or 11 of this Act, the employee may recover in a civil | ||||||
23 | action the entire amount of any underpayment together with | ||||||
24 | interest, compensatory damages if the employee demonstrates | ||||||
25 | that the employer acted with malice or reckless indifference, |
| |||||||
| |||||||
1 | punitive damages as may be appropriate, injunctive relief as | ||||||
2 | may be appropriate, and the costs and reasonable attorney's | ||||||
3 | fees as may be allowed by the court and as necessary to make | ||||||
4 | the employee whole. At the request of the employee or on a | ||||||
5 | motion of the Director, the Department may make an assignment | ||||||
6 | of the wage claim in trust for the assigning employee and may | ||||||
7 | bring any legal action necessary to collect the claim, and the | ||||||
8 | employer shall be required to pay the costs incurred in | ||||||
9 | collecting the claim. Every such action shall be brought | ||||||
10 | within 5 years from the date of the underpayment. For purposes | ||||||
11 | of this Act, "date of the underpayment" means each time wages | ||||||
12 | are underpaid. | ||||||
13 | (a-5) If an employer violates subsection (b), (b-5), | ||||||
14 | (b-10), or (b-20) of Section 10, the employee may recover in a | ||||||
15 | civil action any damages incurred, special damages not to | ||||||
16 | exceed $10,000, injunctive relief as may be appropriate, and | ||||||
17 | costs and reasonable attorney's fees as may be allowed by the | ||||||
18 | court and as necessary to make the employee whole. If special | ||||||
19 | damages are available, an employee may recover compensatory | ||||||
20 | damages only to the extent such damages exceed the amount of | ||||||
21 | special damages. Such action shall be brought within 5 years | ||||||
22 | from the date of the violation. | ||||||
23 | (b) The Director is authorized to supervise the payment of | ||||||
24 | the unpaid wages under subsection (a) or damages under | ||||||
25 | subsection (b), (b-5), (b-10), or (b-20) of Section 10 owing | ||||||
26 | to any employee or employees under this Act and may bring any |
| |||||||
| |||||||
1 | legal action necessary to recover the amount of unpaid wages, | ||||||
2 | damages, and penalties or to seek injunctive relief, and the | ||||||
3 | employer shall be required to pay the costs. Any sums | ||||||
4 | recovered by the Director on behalf of an employee under this | ||||||
5 | Section shall be paid to the employee or employees affected. | ||||||
6 | (c) Employers who violate any provision of this Act or any | ||||||
7 | rule adopted under the Act, except for a violation of | ||||||
8 | subsection (b-25) of Section 10, are subject to a civil | ||||||
9 | penalty, payable to the Department, for each employee affected | ||||||
10 | as follows: | ||||||
11 | (1) An employer with fewer than 4 employees: first | ||||||
12 | offense, a fine not to exceed $500; second offense, a fine | ||||||
13 | not to exceed $2,500; third or subsequent offense, a fine | ||||||
14 | not to exceed $5,000. | ||||||
15 | (2) An employer with between 4 and 99 employees: first | ||||||
16 | offense, a fine not to exceed $2,500; second offense, a | ||||||
17 | fine not to exceed $3,000; third or subsequent offense, a | ||||||
18 | fine not to exceed $5,000. | ||||||
19 | (3) An employer with 100 or more employees who | ||||||
20 | violates any Section of this Act except for Section 11 | ||||||
21 | shall be fined up to $10,000 per employee affected. An | ||||||
22 | employer with 100 or more employees that is a business as | ||||||
23 | defined under Section 11 and commits a violation of | ||||||
24 | Section 11 shall be fined up to $10,000. | ||||||
25 | Before any imposition of a penalty under this subsection, | ||||||
26 | an employer with 100 or more employees who violates item (b) of |
| |||||||
| |||||||
1 | Section 11 and inadvertently fails to file an initial | ||||||
2 | application or recertification shall be provided 30 calendar | ||||||
3 | days by the Department to submit the application or | ||||||
4 | recertification. | ||||||
5 | An employer or person who violates subsection (b), (b-5), | ||||||
6 | (b-10), (b-20), or (c) of Section 10 is subject to a civil | ||||||
7 | penalty not to exceed $5,000 for each violation for each | ||||||
8 | employee affected, payable to the Department. | ||||||
9 | (c-5) The Department may initiate investigations of | ||||||
10 | alleged violations of subsection (b-25) of Section 10 upon | ||||||
11 | receiving a complaint from any person that claims to be | ||||||
12 | aggrieved by a violation of that subsection or at the | ||||||
13 | Department's discretion. Any person that claims to be | ||||||
14 | aggrieved by a violation of subsection (b-25) of Section 10 | ||||||
15 | may submit a complaint of an alleged violation of that | ||||||
16 | subsection to the Department within one year after the date of | ||||||
17 | the violation. If the Department has determined that a | ||||||
18 | violation has occurred, it shall issue to the employer a | ||||||
19 | notice setting forth the violation, the applicable penalty as | ||||||
20 | described in subsections (c-10) and (c-15), and the period to | ||||||
21 | cure the violation as described in subsection (c-10). | ||||||
22 | (c-7) A job posting found to be in violation of subsection | ||||||
23 | (b-25) of Section 10 shall be considered as one violating job | ||||||
24 | posting regardless of the number of duplicative postings that | ||||||
25 | list the job opening. | ||||||
26 | (c-10) The penalties for a job posting or batch of |
| |||||||
| |||||||
1 | postings that are active at the time the Department issues a | ||||||
2 | notice of violation for violating subsection (b-25) of Section | ||||||
3 | 10 are as follows: | ||||||
4 | (1) For a first offense, following a cure period of 14 | ||||||
5 | days to remedy the violation, a fine not to exceed $500 at | ||||||
6 | the discretion of the Department. A first offense may be | ||||||
7 | either a single job posting that violates subsection | ||||||
8 | (b-25) of Section 10 or multiple job postings that violate | ||||||
9 | subsection (b-25) of Section 10 and are identified at the | ||||||
10 | same time by the Department. The Department shall have | ||||||
11 | discretion to waive any civil penalty under this | ||||||
12 | paragraph. | ||||||
13 | (2) For a second offense, following a cure period of 7 | ||||||
14 | days to remedy the violation, a fine not to exceed $2,500 | ||||||
15 | at the discretion of the Department. A second offense is a | ||||||
16 | single job posting that violates subsection (b-25) of | ||||||
17 | Section 10. The Department shall have discretion to waive | ||||||
18 | any civil penalty under this paragraph. | ||||||
19 | (3) For a third or subsequent offense, no cure period, | ||||||
20 | a fine not to exceed $10,000 at the discretion of the | ||||||
21 | Department. A third or subsequent offense is a single job | ||||||
22 | posting that violates subsection (b-25) of Section 10. The | ||||||
23 | Department shall have discretion to waive any civil | ||||||
24 | penalty under this paragraph. If a company has had a third | ||||||
25 | offense, it shall incur automatic penalties without a cure | ||||||
26 | period for a period of 5 years, at the completion of which |
| |||||||
| |||||||
1 | any future offense shall count as a first offense. The | ||||||
2 | 5-year period shall restart if, during that period, an | ||||||
3 | employer receives a subsequent notice of violation from | ||||||
4 | the Department. | ||||||
5 | (c-15) The penalties for a job posting or batch of job | ||||||
6 | postings that are not active at the time the Department issues | ||||||
7 | a notice of violation for violating subsection (b-25) of | ||||||
8 | Section 10 are as follows: | ||||||
9 | (1) For a first offense, a fine not to exceed $250 at | ||||||
10 | the discretion of the Department. A first offense may be | ||||||
11 | either a single job posting that violates subsection | ||||||
12 | (b-25) of Section 10 or multiple job postings that violate | ||||||
13 | subsection (b-25) of Section 10 and are identified at the | ||||||
14 | same time by the Department. The Department shall have | ||||||
15 | discretion to waive any civil penalty under this | ||||||
16 | paragraph. | ||||||
17 | (2) For a second offense, a fine not to exceed $2,500 | ||||||
18 | at the discretion of the Department. A second offense is a | ||||||
19 | single job posting that violates subsection (b-25) of | ||||||
20 | Section 10. The Department shall have discretion to waive | ||||||
21 | any civil penalty under this paragraph. | ||||||
22 | (3) For a third or subsequent offense, a fine not to | ||||||
23 | exceed $10,000 at the discretion of the Department. A | ||||||
24 | third or subsequent offense is a single job posting that | ||||||
25 | violates subsection (b-25) of Section 10. The Department | ||||||
26 | shall have discretion to waive any civil penalty under |
| |||||||
| |||||||
1 | this paragraph. | ||||||
2 | For the purposes of this subsection, the Department, | ||||||
3 | during its investigation of a complaint, shall make a | ||||||
4 | determination as to whether a job posting is not active by | ||||||
5 | considering the totality of the circumstances, including, but | ||||||
6 | not limited to: (i) whether a position has been filled; (ii) | ||||||
7 | the length of time a posting has been accessible to the public; | ||||||
8 | (iii) the existence of a date range for which a given position | ||||||
9 | is active; and (iv) whether the violating posting is for a | ||||||
10 | position for which the employer is no longer accepting | ||||||
11 | applications. | ||||||
12 | (d) In determining the amount of the penalty under this | ||||||
13 | Section, the appropriateness of the penalty to the size of the | ||||||
14 | business of the employer charged and the gravity of the | ||||||
15 | violation shall be considered. The penalty may be recovered in | ||||||
16 | a civil action brought by the Director in any circuit court. | ||||||
17 | (Source: P.A. 102-36, eff. 6-25-21; 103-201, eff. 1-1-24; | ||||||
18 | 103-539, eff. 1-1-25; revised 9-27-23.)
| ||||||
19 | Section 645. The Prevailing Wage Act is amended by | ||||||
20 | changing Section 2 as follows:
| ||||||
21 | (820 ILCS 130/2) | ||||||
22 | Sec. 2. This Act applies to the wages of laborers, | ||||||
23 | mechanics and other workers employed in any public works, as | ||||||
24 | hereinafter defined, by any public body and to anyone under |
| |||||||
| |||||||
1 | contracts for public works. This includes any maintenance, | ||||||
2 | repair, assembly, or disassembly work performed on equipment | ||||||
3 | whether owned, leased, or rented. | ||||||
4 | As used in this Act, unless the context indicates | ||||||
5 | otherwise: | ||||||
6 | "Public works" means all fixed works constructed or | ||||||
7 | demolished by any public body, or paid for wholly or in part | ||||||
8 | out of public funds. "Public works" as defined herein includes | ||||||
9 | all projects financed in whole or in part with bonds, grants, | ||||||
10 | loans, or other funds made available by or through the State or | ||||||
11 | any of its political subdivisions, including but not limited | ||||||
12 | to: bonds issued under the Industrial Project Revenue Bond Act | ||||||
13 | (Article 11, Division 74 of the Illinois Municipal Code), the | ||||||
14 | Industrial Building Revenue Bond Act, the Illinois Finance | ||||||
15 | Authority Act, the Illinois Sports Facilities Authority Act, | ||||||
16 | or the Build Illinois Bond Act; loans or other funds made | ||||||
17 | available pursuant to the Build Illinois Act; loans or other | ||||||
18 | funds made available pursuant to the Riverfront Development | ||||||
19 | Fund under Section 10-15 of the River Edge Redevelopment Zone | ||||||
20 | Act; or funds from the Fund for Illinois' Future under Section | ||||||
21 | 6z-47 of the State Finance Act, funds for school construction | ||||||
22 | under Section 5 of the General Obligation Bond Act, funds | ||||||
23 | authorized under Section 3 of the School Construction Bond | ||||||
24 | Act, funds for school infrastructure under Section 6z-45 of | ||||||
25 | the State Finance Act, and funds for transportation purposes | ||||||
26 | under Section 4 of the General Obligation Bond Act. "Public |
| |||||||
| |||||||
1 | works" also includes (i) all projects financed in whole or in | ||||||
2 | part with funds from the Environmental Protection Agency under | ||||||
3 | the Illinois Renewable Fuels Development Program Act for which | ||||||
4 | there is no project labor agreement; (ii) all work performed | ||||||
5 | pursuant to a public private agreement under the Public | ||||||
6 | Private Agreements for the Illiana Expressway Act or the | ||||||
7 | Public-Private Agreements for the South Suburban Airport Act; | ||||||
8 | (iii) all projects undertaken under a public-private agreement | ||||||
9 | under the Public-Private Partnerships for Transportation Act | ||||||
10 | or the Department of Natural Resources World Shooting and | ||||||
11 | Recreational Complex Act; and (iv) all transportation | ||||||
12 | facilities undertaken under a design-build contract or a | ||||||
13 | Construction Manager/General Contractor contract under the | ||||||
14 | Innovations for Transportation Infrastructure Act. "Public | ||||||
15 | works" also includes all projects at leased facility property | ||||||
16 | used for airport purposes under Section 35 of the Local | ||||||
17 | Government Facility Lease Act. "Public works" also includes | ||||||
18 | the construction of a new wind power facility by a business | ||||||
19 | designated as a High Impact Business under Section | ||||||
20 | 5.5(a)(3)(E) and the construction of a new utility-scale solar | ||||||
21 | power facility by a business designated as a High Impact | ||||||
22 | Business under Section 5.5(a)(3)(E-5) of the Illinois | ||||||
23 | Enterprise Zone Act. "Public works" also includes electric | ||||||
24 | vehicle charging station projects financed pursuant to the | ||||||
25 | Electric Vehicle Act and renewable energy projects required to | ||||||
26 | pay the prevailing wage pursuant to the Illinois Power Agency |
| |||||||
| |||||||
1 | Act. "Public works" also includes power washing projects by a | ||||||
2 | public body or paid for wholly or in part out of public funds | ||||||
3 | in which steam or pressurized water, with or without added | ||||||
4 | abrasives or chemicals, is used to remove paint or other | ||||||
5 | coatings, oils or grease, corrosion, or debris from a surface | ||||||
6 | or to prepare a surface for a coating. "Public works" does not | ||||||
7 | include work done directly by any public utility company, | ||||||
8 | whether or not done under public supervision or direction, or | ||||||
9 | paid for wholly or in part out of public funds. "Public works" | ||||||
10 | also includes construction projects performed by a third party | ||||||
11 | contracted by any public utility, as described in subsection | ||||||
12 | (a) of Section 2.1, in public rights-of-way, as defined in | ||||||
13 | Section 21-201 of the Public Utilities Act, whether or not | ||||||
14 | done under public supervision or direction, or paid for wholly | ||||||
15 | or in part out of public funds. "Public works" also includes | ||||||
16 | construction projects that exceed 15 aggregate miles of new | ||||||
17 | fiber optic cable, performed by a third party contracted by | ||||||
18 | any public utility, as described in subsection (b) of Section | ||||||
19 | 2.1, in public rights-of-way, as defined in Section 21-201 of | ||||||
20 | the Public Utilities Act, whether or not done under public | ||||||
21 | supervision or direction, or paid for wholly or in part out of | ||||||
22 | public funds. "Public works" also includes any corrective | ||||||
23 | action performed pursuant to Title XVI of the Environmental | ||||||
24 | Protection Act for which payment from the Underground Storage | ||||||
25 | Tank Fund is requested. "Public works" also includes all | ||||||
26 | construction projects involving fixtures or permanent |
| |||||||
| |||||||
1 | attachments affixed to light poles that are owned by a public | ||||||
2 | body, including street light poles, traffic light poles, and | ||||||
3 | other lighting fixtures, whether or not done under public | ||||||
4 | supervision or direction, or paid for wholly or in part out of | ||||||
5 | public funds, unless the project is performed by employees | ||||||
6 | employed directly by the public body. "Public works" also | ||||||
7 | includes work performed subject to the Mechanical Insulation | ||||||
8 | Energy and Safety Assessment Act . "Public works" also includes | ||||||
9 | the removal, hauling, and transportation of biosolids, lime | ||||||
10 | sludge, and lime residue from a water treatment plant or | ||||||
11 | facility and the disposal of biosolids, lime sludge, and lime | ||||||
12 | residue removed from a water treatment plant or facility at a | ||||||
13 | landfill. "Public works" does not include projects undertaken | ||||||
14 | by the owner at an owner-occupied single-family residence or | ||||||
15 | at an owner-occupied unit of a multi-family residence. "Public | ||||||
16 | works" does not include work performed for soil and water | ||||||
17 | conservation purposes on agricultural lands, whether or not | ||||||
18 | done under public supervision or paid for wholly or in part out | ||||||
19 | of public funds, done directly by an owner or person who has | ||||||
20 | legal control of those lands. | ||||||
21 | "Construction" means all work on public works involving | ||||||
22 | laborers, workers or mechanics. This includes any maintenance, | ||||||
23 | repair, assembly, or disassembly work performed on equipment | ||||||
24 | whether owned, leased, or rented. | ||||||
25 | "Locality" means the county where the physical work upon | ||||||
26 | public works is performed, except (1) that if there is not |
| |||||||
| |||||||
1 | available in the county a sufficient number of competent | ||||||
2 | skilled laborers, workers and mechanics to construct the | ||||||
3 | public works efficiently and properly, "locality" includes any | ||||||
4 | other county nearest the one in which the work or construction | ||||||
5 | is to be performed and from which such persons may be obtained | ||||||
6 | in sufficient numbers to perform the work and (2) that, with | ||||||
7 | respect to contracts for highway work with the Department of | ||||||
8 | Transportation of this State, "locality" may at the discretion | ||||||
9 | of the Secretary of the Department of Transportation be | ||||||
10 | construed to include two or more adjacent counties from which | ||||||
11 | workers may be accessible for work on such construction. | ||||||
12 | "Public body" means the State or any officer, board or | ||||||
13 | commission of the State or any political subdivision or | ||||||
14 | department thereof, or any institution supported in whole or | ||||||
15 | in part by public funds, and includes every county, city, | ||||||
16 | town, village, township, school district, irrigation, utility, | ||||||
17 | reclamation improvement or other district and every other | ||||||
18 | political subdivision, district or municipality of the state | ||||||
19 | whether such political subdivision, municipality or district | ||||||
20 | operates under a special charter or not. | ||||||
21 | "Labor organization" means an organization that is the | ||||||
22 | exclusive representative of an employer's employees recognized | ||||||
23 | or certified pursuant to the National Labor Relations Act. | ||||||
24 | The terms "general prevailing rate of hourly wages", | ||||||
25 | "general prevailing rate of wages" or "prevailing rate of | ||||||
26 | wages" when used in this Act mean the hourly cash wages plus |
| |||||||
| |||||||
1 | annualized fringe benefits for training and apprenticeship | ||||||
2 | programs approved by the U.S. Department of Labor, Bureau of | ||||||
3 | Apprenticeship and Training, health and welfare, insurance, | ||||||
4 | vacations and pensions paid generally, in the locality in | ||||||
5 | which the work is being performed, to employees engaged in | ||||||
6 | work of a similar character on public works. | ||||||
7 | (Source: P.A. 102-9, eff. 1-1-22; 102-444, eff. 8-20-21; | ||||||
8 | 102-673, eff. 11-30-21; 102-813, eff. 5-13-22; 102-1094, eff. | ||||||
9 | 6-15-22; 103-8, eff. 6-7-23; 103-327, eff. 1-1-24; 103-346, | ||||||
10 | eff. 1-1-24; 103-359, eff. 7-28-23; 103-447, eff. 8-4-23; | ||||||
11 | revised 12-15-23.)
| ||||||
12 | Section 650. The Day and Temporary Labor Services Act is | ||||||
13 | amended by changing Section 45 as follows:
| ||||||
14 | (820 ILCS 175/45) | ||||||
15 | Sec. 45. Registration; Department of Labor. | ||||||
16 | (a) A day and temporary labor service agency which is | ||||||
17 | located, operates or transacts business within this State | ||||||
18 | shall register with the Department of Labor in accordance with | ||||||
19 | rules adopted by the Department for day and temporary labor | ||||||
20 | service agencies and shall be subject to this Act and any rules | ||||||
21 | adopted under this Act. Each day and temporary labor service | ||||||
22 | agency shall provide proof of an employer account number | ||||||
23 | issued by the Department of Employment Security for the | ||||||
24 | payment of unemployment insurance contributions as required |
| |||||||
| |||||||
1 | under the Unemployment Insurance Act, and proof of valid | ||||||
2 | workers' compensation insurance in effect at the time of | ||||||
3 | registration covering all of its employees. If, at any time, a | ||||||
4 | day and temporary labor service agency's workers' compensation | ||||||
5 | insurance coverage lapses, the agency shall have an | ||||||
6 | affirmative duty to report the lapse of such coverage to the | ||||||
7 | Department and the agency's registration shall be suspended | ||||||
8 | until the agency's workers' compensation insurance is | ||||||
9 | reinstated. The Department may assess each day and temporary | ||||||
10 | labor service agency a non-refundable registration fee not | ||||||
11 | exceeding $3,000 per year per agency and a non-refundable fee | ||||||
12 | not to exceed $750 for each branch office or other location | ||||||
13 | where the agency regularly contracts with day or temporary | ||||||
14 | laborers for services. The fee may be paid by check, money | ||||||
15 | order, or the State Treasurer's E-Pay program or any successor | ||||||
16 | program, and the Department may not refuse to accept a check on | ||||||
17 | the basis that it is not a certified check or a cashier's | ||||||
18 | check. The Department may charge an additional fee to be paid | ||||||
19 | by a day and temporary labor service agency if the agency, or | ||||||
20 | any person on the agency's behalf, issues or delivers a check | ||||||
21 | to the Department that is not honored by the financial | ||||||
22 | institution upon which it is drawn. The Department shall also | ||||||
23 | adopt rules for violation hearings and penalties for | ||||||
24 | violations of this Act or the Department's rules in | ||||||
25 | conjunction with the penalties set forth in this Act. | ||||||
26 | (a-1) At the time of registration with the Department of |
| |||||||
| |||||||
1 | Labor each year, the day and temporary labor service agency | ||||||
2 | shall submit to the Department of Labor a report containing | ||||||
3 | the information identified in paragraph (9) of subsection (a) | ||||||
4 | of Section 12, broken down by branch office, in the aggregate | ||||||
5 | for all day or temporary laborers assigned within Illinois and | ||||||
6 | subject to this Act during the preceding year. This | ||||||
7 | information shall be submitted on a form created by the | ||||||
8 | Department of Labor. The Department of Labor shall aggregate | ||||||
9 | the information submitted by all registering day and temporary | ||||||
10 | labor service agencies by removing identifying data and shall | ||||||
11 | have the information available to the public only on a | ||||||
12 | municipal and county basis. As used in this paragraph, | ||||||
13 | "identifying data" means any and all information that: (i) | ||||||
14 | provides specific information on individual worker identity; | ||||||
15 | (ii) identifies the service agency in any manner; and (iii) | ||||||
16 | identifies clients utilizing the day and temporary labor | ||||||
17 | service agency or any other information that can be traced | ||||||
18 | back to any specific registering day and temporary labor | ||||||
19 | service agency or its client. The information and reports | ||||||
20 | submitted to the Department of Labor under this subsection by | ||||||
21 | the registering day and temporary labor service agencies are | ||||||
22 | exempt from inspection and copying under Section 7.5 of the | ||||||
23 | Freedom of Information Act. | ||||||
24 | (b) It is a violation of this Act to operate a day and | ||||||
25 | temporary labor service agency without first registering with | ||||||
26 | the Department in accordance with subsection (a) of this |
| |||||||
| |||||||
1 | Section. The Department shall create and maintain at regular | ||||||
2 | intervals on its website, accessible to the public: (1) a list | ||||||
3 | of all registered day and temporary labor service agencies in | ||||||
4 | the State whose registration is in good standing; (2) a list of | ||||||
5 | day and temporary labor service agencies in the State whose | ||||||
6 | registration has been suspended, including the reason for the | ||||||
7 | suspension, the date the suspension was initiated, and the | ||||||
8 | date, if known, the suspension is to be lifted; and (3) a list | ||||||
9 | of day and temporary labor service agencies in the State whose | ||||||
10 | registration has been revoked, including the reason for the | ||||||
11 | revocation and the date the registration was revoked. The | ||||||
12 | Department has the authority to assess a penalty against any | ||||||
13 | day and temporary labor service agency that fails to register | ||||||
14 | with the Department of Labor in accordance with this Act or any | ||||||
15 | rules adopted under this Act of $500 for each violation. Each | ||||||
16 | day during which a day and temporary labor service agency | ||||||
17 | operates without registering with the Department shall be a | ||||||
18 | separate and distinct violation of this Act. | ||||||
19 | (c) An applicant is not eligible to register to operate a | ||||||
20 | day and temporary labor service agency under this Act if the | ||||||
21 | applicant or any of its officers, directors, partners, or | ||||||
22 | managers or any owner of 25% or greater beneficial interest: | ||||||
23 | (1) has been involved, as owner, officer, director, | ||||||
24 | partner, or manager, of any day and temporary labor | ||||||
25 | service agency whose registration has been revoked or has | ||||||
26 | been suspended without being reinstated within the 5 years |
| |||||||
| |||||||
1 | immediately preceding the filing of the application; or | ||||||
2 | (2) is under the age of 18. | ||||||
3 | (d) Every agency shall post and keep posted at each | ||||||
4 | location, in a position easily accessible to all day or | ||||||
5 | temporary laborers s , notices as supplied and required by the | ||||||
6 | Department containing a copy or summary of the provisions of | ||||||
7 | the Act and a notice which informs the public of a toll-free | ||||||
8 | telephone number for day or temporary laborers and the public | ||||||
9 | to file wage dispute complaints and other alleged violations | ||||||
10 | by day and temporary labor service agencies. Every day and | ||||||
11 | temporary labor service agency employing day or temporary | ||||||
12 | laborers who communicate with the day and temporary labor | ||||||
13 | service agency by electronic communication shall also provide | ||||||
14 | all required notices by email to its day or temporary laborers | ||||||
15 | or on a website, regularly used by the employer to communicate | ||||||
16 | work-related information, that all day or temporary laborers | ||||||
17 | are able to regularly access, freely and without interference. | ||||||
18 | Such notices shall be in English and any other language | ||||||
19 | generally understood in the locale of the day and temporary | ||||||
20 | labor service agency. | ||||||
21 | (Source: P.A. 103-201, eff. 1-1-24; 103-437, eff. 8-4-23; | ||||||
22 | revised 12-15-23.)
| ||||||
23 | Section 655. The Paid Leave for All Workers Act is amended | ||||||
24 | by changing Section 15 as follows:
|
| |||||||
| |||||||
1 | (820 ILCS 192/15) | ||||||
2 | Sec. 15. Provision of paid leave. | ||||||
3 | (a) An employee who works in Illinois is entitled to earn | ||||||
4 | and use up to a minimum of 40 hours of paid leave during a | ||||||
5 | 12-month period or a pro rata number of hours of paid leave | ||||||
6 | under the provisions of subsection (b). The paid leave may be | ||||||
7 | used by the employee for any purpose as long as the paid leave | ||||||
8 | is taken in accordance with the provisions of this Act. | ||||||
9 | (b) Paid leave under this Act shall accrue at the rate of | ||||||
10 | one hour of paid leave for every 40 hours worked up to a | ||||||
11 | minimum of 40 hours of paid leave or such greater amount if the | ||||||
12 | employer provides more than 40 hours. Employees who are exempt | ||||||
13 | from the overtime requirements of the federal Fair Labor | ||||||
14 | Standards Act (29 U.S.C. 213(a)(1)) shall be deemed to work 40 | ||||||
15 | hours in each workweek for purposes of paid leave accrual | ||||||
16 | unless their regular workweek is less than 40 hours, in which | ||||||
17 | case paid leave accrues based on that regular workweek. | ||||||
18 | Employees shall determine how much paid leave they need to | ||||||
19 | use, however employers may set a reasonable minimum increment | ||||||
20 | for the use of paid leave not to exceed 2 hours per day. If an | ||||||
21 | employee's scheduled workday is less than 2 hours per day, the | ||||||
22 | employee's scheduled workday shall be used to determine the | ||||||
23 | amount of paid leave. | ||||||
24 | (c) An employer may make available the minimum number of | ||||||
25 | hours of paid leave, subject to pro rata requirements provided | ||||||
26 | in subsection (b), to an employee on the first day of |
| |||||||
| |||||||
1 | employment or the first day of the 12-month period. Employers | ||||||
2 | that provide the minimum number of hours of paid leave to an | ||||||
3 | employee on the first day of employment or the first day of the | ||||||
4 | 12-month period are not required to carryover paid leave from | ||||||
5 | 12-month period to 12-month period and may require employees | ||||||
6 | to use all paid leave prior to the end of the benefit period or | ||||||
7 | forfeit the unused paid leave. However, under no circumstances | ||||||
8 | shall an employee be credited with paid leave that is less than | ||||||
9 | what the employee would have accrued under subsections (a) and | ||||||
10 | (g) of this Section. | ||||||
11 | (d) The 12-month period may be any consecutive 12-month | ||||||
12 | period designated by the employer in writing at the time of | ||||||
13 | hire. Changes to the 12-month period may be made by the | ||||||
14 | employer if notice is given to employees in writing prior to | ||||||
15 | the change and the change does not reduce the eligible accrual | ||||||
16 | rate and paid leave available to the employee. If the employer | ||||||
17 | changes the designated 12-month period, the employer shall | ||||||
18 | provide the employee with documentation of the balance of | ||||||
19 | hours worked, paid leave accrued and taken, and the remaining | ||||||
20 | paid leave balance. | ||||||
21 | (e) Paid leave under this Act may be taken by an employee | ||||||
22 | for any reason of the employee's choosing. An employee is not | ||||||
23 | required to provide an employer a reason for the leave and may | ||||||
24 | not be required to provide documentation or certification as | ||||||
25 | proof or in support of the leave. An employee may choose | ||||||
26 | whether to use paid leave provided under this Act prior to |
| |||||||
| |||||||
1 | using any other leave provided by the employer or State law. | ||||||
2 | (f) Employees shall be paid their hourly rate of pay for | ||||||
3 | paid leave. However, employees engaged in an occupation in | ||||||
4 | which gratuities or commissions have customarily and usually | ||||||
5 | constituted and have been recognized as part of the | ||||||
6 | remuneration for hire purposes shall be paid by their employer | ||||||
7 | at least the full minimum wage in the jurisdiction in which | ||||||
8 | they are employed when paid leave is taken. This wage shall be | ||||||
9 | treated as the employee's regular rate of pay for purposes of | ||||||
10 | this Act. | ||||||
11 | (g) Paid leave under this Act shall begin to accrue at the | ||||||
12 | commencement of employment or on the effective date of this | ||||||
13 | Act, whichever is later. Employees shall be entitled to begin | ||||||
14 | using paid leave 90 days following commencement of their | ||||||
15 | employment or 90 days following the effective date of this | ||||||
16 | Act, whichever is later. | ||||||
17 | (h) Paid leave under this Act shall be provided upon the | ||||||
18 | oral or written request of an employee in accordance with the | ||||||
19 | employer's reasonable paid leave policy notification | ||||||
20 | requirements which may include the following: | ||||||
21 | (1) If use of paid leave under this Act is | ||||||
22 | foreseeable, the employer may require the employee to | ||||||
23 | provide 7 calendar days' notice before the date the leave | ||||||
24 | is to begin. | ||||||
25 | (2) If paid leave under this Act is not foreseeable, | ||||||
26 | the employee shall provide such notice as soon as is |
| |||||||
| |||||||
1 | practicable after the employee is aware of the necessity | ||||||
2 | of the leave. An employer that requires notice of paid | ||||||
3 | leave under this Act when the leave is not foreseeable | ||||||
4 | shall provide a written policy that contains procedures | ||||||
5 | for the employee to provide notice. | ||||||
6 | (3) Employers shall provide employees with written | ||||||
7 | notice of the paid leave policy notification requirements | ||||||
8 | in this Section in the manner provided in Section 20 for | ||||||
9 | notice and posting and within 5 calendar days of any | ||||||
10 | change to the employer's reasonable paid leave policy | ||||||
11 | notification requirements. | ||||||
12 | (4) An employer may not require, as a condition of | ||||||
13 | providing paid leave under this Act, that the employee | ||||||
14 | search for or find a replacement worker to cover the hours | ||||||
15 | during which the employee takes paid leave. | ||||||
16 | (i) Except as provided in subsection (c), paid leave under | ||||||
17 | this Act shall carry over annually to the extent not used by | ||||||
18 | the employee, provided that nothing in this Act shall be | ||||||
19 | construed to require an employer to provide more than 40 hours | ||||||
20 | of paid leave for an employee in the 12-month period unless the | ||||||
21 | employer agrees to do so. | ||||||
22 | (j) Nothing in this Section or any other Illinois law or | ||||||
23 | rule shall be construed as requiring financial or other | ||||||
24 | payment to an employee from an employer upon the employee's | ||||||
25 | termination, resignation, retirement, or other separation from | ||||||
26 | employment for paid leave accrued under this Act that has not |
| |||||||
| |||||||
1 | been used. Nothing in this Section or any other Illinois law or | ||||||
2 | rule shall be construed as requiring financial or other | ||||||
3 | reimbursements to an employee from an employer for unused paid | ||||||
4 | leave under this Act at the end of the benefit year or any | ||||||
5 | other time. | ||||||
6 | (k) If an employee is transferred to a separate division, | ||||||
7 | entity, or location, but remains employed by the same | ||||||
8 | employer, the employee is entitled to all paid leave accrued | ||||||
9 | at the prior division, entity, or location and is entitled to | ||||||
10 | use all paid leave as provided in this Section. If there is a | ||||||
11 | separation from employment and the employee is rehired within | ||||||
12 | 12 months of separation by the same employer, previously | ||||||
13 | accrued paid leave that had not been used by the employee shall | ||||||
14 | be reinstated. The employee shall be entitled to use accrued | ||||||
15 | paid leave at the commencement of employment following a | ||||||
16 | separation from employment of 12 months or less. | ||||||
17 | (l) Paid leave under this Act shall not be charged or | ||||||
18 | otherwise credited to an employee's paid time off bank or | ||||||
19 | employee account unless the employer's policy permits such a | ||||||
20 | credit. If the paid leave under this Act is credited to an | ||||||
21 | employee's paid time off bank or employee vacation account | ||||||
22 | then any unused paid leave shall be paid to the employee upon | ||||||
23 | the employee's termination, resignation, retirement, or other | ||||||
24 | separation to the same extent as vacation time under existing | ||||||
25 | Illinois law or rule. Nothing in this Act shall be construed to | ||||||
26 | waive or otherwise limit an employee's right to final |
| |||||||
| |||||||
1 | compensation for promised and earned, but unpaid vacation time | ||||||
2 | or paid time off, as provided under the Illinois Wage Payment | ||||||
3 | and Collection Act and rules. Employers shall provide | ||||||
4 | employees with written notice of changes to the employer's | ||||||
5 | vacation time, paid time off, or other paid leave policies | ||||||
6 | that affect an employee's right to final compensation for such | ||||||
7 | leave. | ||||||
8 | (m) During any period an employee takes leave under this | ||||||
9 | Act, the employer shall maintain coverage for the employee and | ||||||
10 | any family member under any group health plan for the duration | ||||||
11 | of such leave at no less than the level and conditions of | ||||||
12 | coverage that would have been provided if the employee had not | ||||||
13 | taken the leave. The employer shall notify the employee that | ||||||
14 | the employee is still responsible for paying the employee's | ||||||
15 | share of the cost of the health care coverage, if any. | ||||||
16 | (n) Nothing in this Act shall be deemed to interfere with, | ||||||
17 | impede, or in any way diminish the right of employees to | ||||||
18 | bargain collectively with their employers through | ||||||
19 | representatives of their own choosing in order to establish | ||||||
20 | wages or other conditions of work in excess of the applicable | ||||||
21 | minimum standards established in this Act. The paid leave | ||||||
22 | requirements of this Act may be waived in a bona fide | ||||||
23 | collective bargaining agreement, but only if the waiver is set | ||||||
24 | forth explicitly in such agreement in clear and unambiguous | ||||||
25 | terms. | ||||||
26 | Nothing in this Act shall be deemed to affect the validity |
| |||||||
| |||||||
1 | or change the terms of bona fide collective bargaining | ||||||
2 | agreements in effect on January 1, 2024. After that date, | ||||||
3 | requirements of this Act may be waived in a bona fide | ||||||
4 | collective bargaining agreement, but only if the waiver is set | ||||||
5 | forth explicitly in such agreement in clear and unambiguous | ||||||
6 | terms. | ||||||
7 | In no event shall this Act apply to any employee working in | ||||||
8 | the construction industry who is covered by a bona fide | ||||||
9 | collective bargaining agreement, nor shall this Act apply to | ||||||
10 | any employee who is covered by a bona fide collective | ||||||
11 | bargaining agreement with an employer that provides services | ||||||
12 | nationally and internationally of delivery, pickup, and | ||||||
13 | transportation of parcels, documents, and freight. | ||||||
14 | Notwithstanding the provisions of this subsection, nothing | ||||||
15 | in this Act shall be deemed to affect the validity or change | ||||||
16 | the terms of a bona fide collective bargaining agreement | ||||||
17 | applying to an employee who is employed by a State agency that | ||||||
18 | is in effect on July 1, 2024. After that date, requirements of | ||||||
19 | this Act may be waived in a bona fide collective bargaining | ||||||
20 | agreement, but only if the waiver is set forth explicitly in | ||||||
21 | such agreement in clear and unambiguous terms. As used in this | ||||||
22 | subsection, "State agency" has the same meaning as set forth | ||||||
23 | in Section 4 of the Forms Notice Act. | ||||||
24 | (o) An agreement by an employee to waive his or her rights | ||||||
25 | under this Act is void as against public policy. | ||||||
26 | (p) The provisions of this Act shall not apply to any |
| |||||||
| |||||||
1 | employer that is covered by a municipal or county ordinance | ||||||
2 | that is in effect on the effective date of this Act that | ||||||
3 | requires employers to give any form of paid leave to their | ||||||
4 | employees, including paid sick leave or paid leave. | ||||||
5 | Notwithstanding the provisions of this subsection, any | ||||||
6 | employer that is not required to provide paid leave to its | ||||||
7 | employees, including paid sick leave or paid leave, under a | ||||||
8 | municipal or county ordinance that is in effect on the | ||||||
9 | effective date of this Act shall be subject to the provisions | ||||||
10 | of this Act if the employer would be required to provide paid | ||||||
11 | leave under this Act to its employees. | ||||||
12 | Any local ordinance that provides paid leave, including | ||||||
13 | paid sick leave or paid leave, enacted or amended after the | ||||||
14 | effective date of this Act must comply with the requirements | ||||||
15 | of this Act or provide benefits, rights, and remedies that are | ||||||
16 | greater than or equal to the benefits, rights, and remedies | ||||||
17 | afforded under this Act. | ||||||
18 | An employer in a municipality or county that enacts or | ||||||
19 | amends a local ordinance that provides paid leave, including | ||||||
20 | paid sick leave or paid leave, after the effective date of this | ||||||
21 | Act shall only comply with the local ordinance or ordinances | ||||||
22 | so long as the benefits, rights, and remedies are greater than | ||||||
23 | or equal to the benefits, rights, and remedies afforded under | ||||||
24 | this Act. | ||||||
25 | (Source: P.A. 102-1143, eff. 1-1-24; revised 12-22-23.)
|
| |||||||
| |||||||
1 | Section 660. The Child Labor Law is amended by changing | ||||||
2 | Sections 17 and 17.3 as follows:
| ||||||
3 | (820 ILCS 205/17) (from Ch. 48, par. 31.17) | ||||||
4 | Sec. 17. It shall be the duty of the Department of Labor to | ||||||
5 | enforce the provisions of this Act. The Department of Labor | ||||||
6 | shall have the power to conduct investigations in connection | ||||||
7 | with the administration and enforcement of this Act and the | ||||||
8 | authorized officers and employees of the Department of Labor | ||||||
9 | are hereby authorized and empowered, to visit and inspect, at | ||||||
10 | all reasonable times and as often as possible, all places | ||||||
11 | covered by this Act. Truant officers and other school | ||||||
12 | officials authorized by the board of education or school | ||||||
13 | directors shall report violations under this Act to the | ||||||
14 | Department of Labor, and may enter any place in which children | ||||||
15 | are, or are believed to be employed and inspect the work | ||||||
16 | certificates on file. Such truant officers or other school | ||||||
17 | officials also are authorized to file complaints against any | ||||||
18 | employer found violating the provisions of this Act in case no | ||||||
19 | complaints for such violations are pending; and when such | ||||||
20 | complaints are filed by truant officers or other school | ||||||
21 | officials , the State's Attorneys attorneys of this State state | ||||||
22 | shall appear for the people, and attend to the prosecution of | ||||||
23 | such complaints. The Department of Labor shall conduct | ||||||
24 | hearings in accordance with the "The Illinois Administrative | ||||||
25 | Procedure Act ", approved September 22, 1975, as amended, upon |
| |||||||
| |||||||
1 | written complaint by an investigator of the Department of | ||||||
2 | Labor, truant officer , or other school official, or any | ||||||
3 | interested person of a violation of the Act or to revoke any | ||||||
4 | certificate under this Act. After such hearing, if supported | ||||||
5 | by the evidence, the Department of Labor may issue and cause to | ||||||
6 | be served on any party an order to cease and desist from | ||||||
7 | violation of the Act, take such further affirmative or other | ||||||
8 | action as deemed reasonable to eliminate the effect of the | ||||||
9 | violation, and may revoke any certificate issued under the Act | ||||||
10 | and determine the amount of any civil penalty allowed by the | ||||||
11 | Act. The Department may serve such orders by certified mail or | ||||||
12 | by sending a copy by email to an email address previously | ||||||
13 | designated by the party for purposes of receiving notice under | ||||||
14 | this Act. An email address provided by the party in the course | ||||||
15 | of the administrative proceeding shall not be used in any | ||||||
16 | subsequent proceedings, unless the party designates that email | ||||||
17 | address for the subsequent proceeding. The Director of Labor | ||||||
18 | or his authorized representative may compel by subpoena, the | ||||||
19 | attendance and testimony of witnesses and the production of | ||||||
20 | books, payrolls, records, papers and other evidence in any | ||||||
21 | investigation or hearing and may administer oaths to | ||||||
22 | witnesses. | ||||||
23 | (Source: P.A. 103-201, eff. 1-1-24; revised 1-2-24.)
| ||||||
24 | (820 ILCS 205/17.3) (from Ch. 48, par. 31.17-3) | ||||||
25 | Sec. 17.3. Any employer who violates any of the provisions |
| |||||||
| |||||||
1 | of this Act or any rule or regulation issued under the Act | ||||||
2 | shall be subject to a civil penalty of not to exceed $5,000 for | ||||||
3 | each such violation. In determining the amount of such | ||||||
4 | penalty, the appropriateness of such penalty to the size of | ||||||
5 | the business of the employer charged and the gravity of the | ||||||
6 | violation shall be considered. The amount of such penalty, | ||||||
7 | when finally determined, may be | ||||||
8 | (1) recovered in a civil action brought by the | ||||||
9 | Director of Labor in any circuit court, in which | ||||||
10 | litigation the Director of Labor shall be represented by | ||||||
11 | the Attorney General; | ||||||
12 | (2) ordered by the court, in an action brought for | ||||||
13 | violation under Section 19, to be paid to the Director of | ||||||
14 | Labor. | ||||||
15 | Any administrative determination by the Department of | ||||||
16 | Labor of the amount of each penalty shall be final unless | ||||||
17 | reviewed as provided in Section 17.1 of this Act. | ||||||
18 | Civil penalties recovered under this Section shall be paid | ||||||
19 | by certified check, money order, or by an electronic payment | ||||||
20 | system designated by the Department , and deposited into the | ||||||
21 | Child Labor and Day and Temporary Labor Services Enforcement | ||||||
22 | Fund, a special fund which is hereby created in the State | ||||||
23 | treasury. Moneys in the Fund may be used, subject to | ||||||
24 | appropriation, for exemplary programs, demonstration projects, | ||||||
25 | and other activities or purposes related to the enforcement of | ||||||
26 | this Act or for the activities or purposes related to the |
| |||||||
| |||||||
1 | enforcement of the Day and Temporary Labor Services Act, or | ||||||
2 | for the activities or purposes related to the enforcement of | ||||||
3 | the Private Employment Agency Act. | ||||||
4 | (Source: P.A. 103-201, eff. 1-1-24; revised 9-21-23.)
| ||||||
5 | Section 665. The Line of Duty Compensation Act is amended | ||||||
6 | by changing Section 2 as follows:
| ||||||
7 | (820 ILCS 315/2) (from Ch. 48, par. 282) | ||||||
8 | Sec. 2. As used in this Act, unless the context otherwise | ||||||
9 | requires: | ||||||
10 | (a) "Law enforcement officer" or "officer" means any | ||||||
11 | person employed by the State or a local governmental entity as | ||||||
12 | a policeman, peace officer, auxiliary policeman or in some | ||||||
13 | like position involving the enforcement of the law and | ||||||
14 | protection of the public interest at the risk of that person's | ||||||
15 | life. This includes supervisors, wardens, superintendents and | ||||||
16 | their assistants, guards and keepers, correctional officers, | ||||||
17 | youth supervisors, parole agents, aftercare specialists, | ||||||
18 | school teachers , and correctional counselors counsellors in | ||||||
19 | all facilities of both the Department of Corrections and the | ||||||
20 | Department of Juvenile Justice, while within the facilities | ||||||
21 | under the control of the Department of Corrections or the | ||||||
22 | Department of Juvenile Justice or in the act of transporting | ||||||
23 | inmates or wards from one location to another or while | ||||||
24 | performing their official duties, and all other Department of |
| |||||||
| |||||||
1 | Corrections Correction or Department of Juvenile Justice | ||||||
2 | employees who have daily contact with inmates. For the | ||||||
3 | purposes of this Act, "law enforcement officer" or "officer" | ||||||
4 | also means a probation officer, as defined in Section 9b of the | ||||||
5 | Probation and Probation Officers Act. | ||||||
6 | The death of the foregoing employees of the Department of | ||||||
7 | Corrections or the Department of Juvenile Justice in order to | ||||||
8 | be included herein must be by the direct or indirect willful | ||||||
9 | act of an inmate, ward, work-releasee, parolee, aftercare | ||||||
10 | releasee, parole violator, aftercare release violator, person | ||||||
11 | under conditional release, or any person sentenced or | ||||||
12 | committed, or otherwise subject to confinement in or to the | ||||||
13 | Department of Corrections or the Department of Juvenile | ||||||
14 | Justice. | ||||||
15 | (b) "Fireman" means any person employed by the State or a | ||||||
16 | local governmental entity as, or otherwise serving as, a | ||||||
17 | member or officer of a fire department either for the purpose | ||||||
18 | of the prevention or control of fire or the underwater | ||||||
19 | recovery of drowning victims, including volunteer firemen. | ||||||
20 | (c) "Local governmental entity" includes counties, | ||||||
21 | municipalities , and municipal corporations. | ||||||
22 | (d) "State" means the State of Illinois and its | ||||||
23 | departments, divisions, boards, bureaus, commissions, | ||||||
24 | authorities , and colleges and universities. | ||||||
25 | (e) "Killed in the line of duty" means losing one's life as | ||||||
26 | a result of injury received in the active performance of |
| |||||||
| |||||||
1 | duties as a law enforcement officer, civil defense worker, | ||||||
2 | civil air patrol member, paramedic, fireman, or chaplain if | ||||||
3 | the death occurs within one year from the date the injury was | ||||||
4 | received and if that injury arose from violence or other | ||||||
5 | accidental cause. In the case of a State employee, "killed in | ||||||
6 | the line of duty" means losing one's life as a result of injury | ||||||
7 | received in the active performance of one's duties as a State | ||||||
8 | employee, if the death occurs within one year from the date the | ||||||
9 | injury was received and if that injury arose from a willful act | ||||||
10 | of violence by another State employee committed during such | ||||||
11 | other employee's course of employment and after January 1, | ||||||
12 | 1988. The term excludes death resulting from the willful | ||||||
13 | misconduct or intoxication of the officer, civil defense | ||||||
14 | worker, civil air patrol member, paramedic, fireman, chaplain, | ||||||
15 | or State employee. However, the burden of proof of such | ||||||
16 | willful misconduct or intoxication of the officer, civil | ||||||
17 | defense worker, civil air patrol member, paramedic, fireman, | ||||||
18 | chaplain, or State employee is on the Attorney General. | ||||||
19 | Subject to the conditions set forth in subsection (a) with | ||||||
20 | respect to inclusion under this Act of Department of | ||||||
21 | Corrections and Department of Juvenile Justice employees | ||||||
22 | described in that subsection, for the purposes of this Act, | ||||||
23 | instances in which a law enforcement officer receives an | ||||||
24 | injury in the active performance of duties as a law | ||||||
25 | enforcement officer include , but are not limited to , instances | ||||||
26 | when: |
| |||||||
| |||||||
1 | (1) the injury is received as a result of a willful | ||||||
2 | wilful act of violence committed other than by the officer | ||||||
3 | and a relationship exists between the commission of such | ||||||
4 | act and the officer's performance of his duties as a law | ||||||
5 | enforcement officer, whether or not the injury is received | ||||||
6 | while the officer is on duty as a law enforcement officer; | ||||||
7 | (2) the injury is received by the officer while the | ||||||
8 | officer is attempting to prevent the commission of a | ||||||
9 | criminal act by another or attempting to apprehend an | ||||||
10 | individual the officer suspects has committed a crime, | ||||||
11 | whether or not the injury is received while the officer is | ||||||
12 | on duty as a law enforcement officer; | ||||||
13 | (3) the injury is received by the officer while the | ||||||
14 | officer is traveling travelling to or from his employment | ||||||
15 | as a law enforcement officer or during any meal break, or | ||||||
16 | other break, which takes place during the period in which | ||||||
17 | the officer is on duty as a law enforcement officer. | ||||||
18 | In the case of an Armed Forces member, "killed in the line | ||||||
19 | of duty" means losing one's life while on active duty in | ||||||
20 | connection with the September 11, 2001 terrorist attacks on | ||||||
21 | the United States, Operation Enduring Freedom, Operation | ||||||
22 | Freedom's Sentinel, Operation Iraqi Freedom, Operation New | ||||||
23 | Dawn, or Operation Inherent Resolve. | ||||||
24 | (f) "Volunteer fireman" means a person having principal | ||||||
25 | employment other than as a fireman, but who is carried on the | ||||||
26 | rolls of a regularly constituted fire department either for |
| |||||||
| |||||||
1 | the purpose of the prevention or control of fire or the | ||||||
2 | underwater recovery of drowning victims, the members of which | ||||||
3 | are under the jurisdiction of the corporate authorities of a | ||||||
4 | city, village, incorporated town, or fire protection district, | ||||||
5 | and includes a volunteer member of a fire department organized | ||||||
6 | under the " General Not for Profit Corporation Act ", approved | ||||||
7 | July 17, 1943, as now or hereafter amended , which is under | ||||||
8 | contract with any city, village, incorporated town, fire | ||||||
9 | protection district, or persons residing therein, for fire | ||||||
10 | fighting services. "Volunteer fireman" does not mean an | ||||||
11 | individual who volunteers assistance without being regularly | ||||||
12 | enrolled as a fireman. | ||||||
13 | (g) "Civil defense worker" means any person employed by | ||||||
14 | the State or a local governmental entity as, or otherwise | ||||||
15 | serving as, a member of a civil defense work force, including | ||||||
16 | volunteer civil defense work forces engaged in serving the | ||||||
17 | public interest during periods of disaster, whether natural or | ||||||
18 | man-made. | ||||||
19 | (h) "Civil air patrol member" means any person employed by | ||||||
20 | the State or a local governmental entity as, or otherwise | ||||||
21 | serving as, a member of the organization commonly known as the | ||||||
22 | "Civil Air Patrol", including volunteer members of the | ||||||
23 | organization commonly known as the "Civil Air Patrol". | ||||||
24 | (i) "Paramedic" means an Emergency Medical | ||||||
25 | Technician-Paramedic certified by the Illinois Department of | ||||||
26 | Public Health under the Emergency Medical Services (EMS) |
| |||||||
| |||||||
1 | Systems Act, and all other emergency medical personnel | ||||||
2 | certified by the Illinois Department of Public Health who are | ||||||
3 | members of an organized body or not-for-profit corporation | ||||||
4 | under the jurisdiction of a city, village, incorporated town, | ||||||
5 | fire protection district , or county, that provides emergency | ||||||
6 | medical treatment to persons of a defined geographical area. | ||||||
7 | (j) "State employee" means any employee as defined in | ||||||
8 | Section 14-103.05 of the Illinois Pension Code , as now or | ||||||
9 | hereafter amended . | ||||||
10 | (k) "Chaplain" means an individual who: | ||||||
11 | (1) is a chaplain of (i) a fire department or (ii) a | ||||||
12 | police department or other agency consisting of law | ||||||
13 | enforcement officers; and | ||||||
14 | (2) has been designated a chaplain by (i) the fire | ||||||
15 | department, police department, or other agency or an | ||||||
16 | officer or body having jurisdiction over the department or | ||||||
17 | agency or (ii) a labor organization representing the | ||||||
18 | firemen or law enforcement officers. | ||||||
19 | (l) "Armed Forces member" means an Illinois resident who | ||||||
20 | is: a member of the Armed Forces of the United States; a member | ||||||
21 | of the Illinois National Guard while on active military | ||||||
22 | service pursuant to an order of the President of the United | ||||||
23 | States; or a member of any reserve component of the Armed | ||||||
24 | Forces of the United States while on active military service | ||||||
25 | pursuant to an order of the President of the United States. | ||||||
26 | (Source: P.A. 102-221, eff. 1-1-22; revised 1-20-24.)
|
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
1 | Section 995. No acceleration or delay. Where this Act | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
2 | makes changes in a statute that is represented in this Act by | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
3 | text that is not yet or no longer in effect (for example, a | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
4 | Section represented by multiple versions), the use of that | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
5 | text does not accelerate or delay the taking effect of (i) the | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
6 | changes made by this Act or (ii) provisions derived from any | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
7 | other Public Act.
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
8 | Section 996. No revival or extension. This Act does not | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
9 | revive or extend any Section or Act otherwise repealed.
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
10 | Section 999. Effective date. This Act takes effect upon | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
11 | becoming law. | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|